Tuesday, February 10, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 10, 2009 11 3:16 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR LIZ KRUEGER, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT KRUEGER: The 3 Senate will come to order. 4 I ask everyone to please rise and 5 recite with me the Pledge of Allegiance to our 6 Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT KRUEGER: The 10 invocation today will be by Father Peter G. 11 Young, of Mother Theresa in Albany, New York. 12 Father Young. 13 REVEREND YOUNG: Let us pray. 14 As we remember the important day 15 400 years ago that the Hudson River was 16 discovered, we have a guest in the chamber 17 today that discovered it again. 18 And this is an important part of 19 history that this country has enjoyed, to be 20 able to be able to help those in need. We 21 have been that kind of state and continue to 22 do that good work. 23 And the state seal that is directly 24 above me has that important indication that

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(518) 371-8910 1 New York State is ever upward. And it 2 replaced the crown of the embassy of New York 3 City as an English state in the 1777. 4 Lady Liberty, as we look at that 5 stained glass, is there with a peasant cap 6 representing our democratic rule and has her 7 left foot stepping on the crown, representing 8 the rejection of royalty. 9 As citizens of the Empire State, we 10 have been the leader with our constitution 11 twelve years before the federal Constitution. 12 As a national leader, You have 13 given these Senators a great power and 14 responsibility. We pray that they will always 15 work in Your image and honor then all of the 16 New Yorkers in New York State, and especially 17 our dear guest in the chamber today. 18 Amen. 19 ACTING PRESIDENT KRUEGER: Thank 20 you, Father Young. Thank you. 21 The reading of the Journal. The 22 Secretary will read. 23 THE SECRETARY: In Senate, 24 Monday, February 9, the Senate met pursuant to

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(518) 371-8910 1 adjournment. The Journal of Sunday, 2 February 8, was read and approved. On motion, 3 Senate adjourned. 4 ACTING PRESIDENT KRUEGER: 5 Without objection, the Journal stands approved 6 as read. 7 Presentation of petitions. 8 Messages from the Assembly. 9 Messages from the Governor. 10 Reports of standing committees. 11 Senator Klein. 12 SENATOR KLEIN: Madam President, 13 I ask the Secretary to read the report of the 14 Finance Committee. 15 ACTING PRESIDENT KRUEGER: There 16 is a report of Finance Committee at the desk. 17 The Secretary will read. 18 THE SECRETARY: Senator Kruger, 19 from the Committee on Finance, reports the 20 following nominations. 21 As Director of the Office of 22 Homeland Security, Thomas G. Donlon, of the 23 Bronx. 24 ACTING PRESIDENT KRUEGER:

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(518) 371-8910 1 Senator Kruger. 2 SENATOR C. KRUGER: Thank you, 3 Madam President. 4 This afternoon I rise in respect 5 and in admiration, but most importantly for a 6 special thank you to a career civil servant, 7 Thomas G. Donlon, who is going to be, with the 8 confirmation today, appointed Director of 9 Homeland Security. 10 The Governor has chosen someone 11 that has 30 years of vast experience in the 12 criminal justice system, particularly as an 13 officer and a supervisor for the Federal 14 Bureau of Investigation. Mr. Donlon brings a 15 wealth of information, knowledge, expertise, 16 concern, and caring to our homeland security. 17 New York State, having suffered the 18 pain and the tragedy of September 11th, was 19 thrown as a glaring spotlight on this country 20 as to the fact that we have a crisis in our 21 own midst. Terrorism has become a factor of 22 life and part of our very vocabulary. 23 With the creation of the Office of 24 Homeland Security, we have been blessed with

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(518) 371-8910 1 the opportunity to have some great people lead 2 it. Today we are further blessed by having 3 the opportunity of confirming Thomas Donlon, 4 of the Bronx, as the new Director of New York 5 State Homeland Security. 6 Thank you, Madam President. 7 ACTING PRESIDENT KRUEGER: Thank 8 you, Senator Kruger. 9 Senator Adams. 10 SENATOR ADAMS: Thank you, Madam 11 President. 12 I too rise to applaud the Governor 13 on this important appointment. 14 I think far too often men and women 15 who spend a lifetime in one profession, they 16 retire and they take that experience with 17 them. We are fortunate that our new Director 18 of Homeland Security is not going to do that. 19 After an impressive number of years 20 with the FBI, and then moving to corporate 21 America, learning both sides of the spectrum, 22 both of public and private life, now we are 23 awarded with having him look after our entire 24 state.

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(518) 371-8910 1 And it's more than merely 2 safeguarding us against those manmade 3 disasters and terrorists, it's also the 4 natural disasters that will impact us. 5 And this is an issue that, as I 6 stated this morning in our hearing, in our 7 confirmation hearing, this is an issue that 8 goes across party lines. Because when someone 9 attacks America, they do not ask if they are a 10 Democrat or a Republican, they ask if they are 11 Americans. 12 And to be given the task and the 13 job to protect our state, the doorway to 14 safety for this entire country, I think is an 15 important job. And we could not have found a 16 better person to do it. 17 I want to thank our new director 18 for taking upon this initiative. It's an 19 important initiative as we move ahead into 20 some very troubling and difficult times. When 21 we do so, Team America must be safe. And I 22 believe if he's on the field, our country and 23 our state will be safe. 24 Thank you, Madam President.

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(518) 371-8910 1 ACTING PRESIDENT KRUEGER: Thank 2 you. Thank you. 3 Are there any other Senators that 4 wish to be heard on the motion to confirm the 5 nomination? 6 Senator Leibell. 7 SENATOR LEIBELL: Thank you, 8 Madam President. I'd like to just follow up 9 on Senator Adams' comments. 10 There's no greater responsibility 11 that any of us have than the security of our 12 fellow citizens. The position we're talking 13 about this afternoon, the Director of the 14 Office of Homeland Security, is one of the 15 most important that we will consider. 16 I want to thank the Governor for 17 sending us this nomination. I've had the 18 chance now on more than one occasion to speak 19 with and meet with Thomas Donlon. And he 20 brings to this position an amazing resume, 21 tremendous credentials. 22 I think that every person in our 23 state, and because of the significance of our 24 state to our entire country, should be very

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(518) 371-8910 1 gratified that we have this nomination before 2 us today for our consideration. 3 So I join with my colleague Senator 4 Adams in most heartily endorsing this 5 nomination, and I'll look forward to working 6 in the future over the next few months and 7 over the next couple of years with this 8 appointee. 9 Thank you. 10 ACTING PRESIDENT KRUEGER: Thank 11 you, Senator Leibell. 12 Senator Dale Volker. 13 SENATOR VOLKER: Thank you, Madam 14 President. 15 Certainly the people that we have 16 had to oversee homeland security have been 17 excellent people. And I don't think that the 18 average citizen in New York realizes how 19 important this position is. 20 I did write the Governor a letter 21 here a month or so ago and said that it was 22 absolutely essential that the position be 23 filled by a person of the proper background 24 and so forth. Well, it certainly wasn't my

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(518) 371-8910 1 letter that did it, but he's done that. 2 Governor Paterson, by appointing a 3 man of the caliber of Tom Donlon, shows that 4 this state is prepared to continue, as it has 5 in the past, to be a leader in the homeland 6 security area. 7 One of the things I don't think 8 people realize is the federal government over 9 the years has said that New York, for the most 10 part, is way ahead in homeland security of the 11 rest of the country. 12 It kind of scares us a little, and 13 the former head of Homeland Security said he 14 was frightened by that, because he thinks we 15 have a long way to go. Well, you know, in 16 this world we live in, and with a state as 17 potentially vulnerable, there's some truth to 18 that. 19 But I don't think there's any 20 question that the gentleman whom we are 21 confirming today is of a caliber that we can 22 all be proud of. And I have great confidence 23 that he will do an excellent job. 24 And as I said in the Finance

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(518) 371-8910 1 Committee, I'll sleep a little better tonight 2 knowing that Tom Donlon is the new head of 3 Homeland Security. 4 ACTING PRESIDENT KRUEGER: Thank 5 you, Senator. 6 Senator Jeff Klein. 7 SENATOR KLEIN: Thank you, Madam 8 President. I also rise today to second the 9 nomination of Mr. Donlon. 10 Sometimes in life we prepare for 11 our careers for a certain time and a certain 12 place. And Mr. Donlon certainly has prepared 13 for this important day as head of homeland 14 security in our state. He worked himself up 15 through the ranks in the FBI, an expert on 16 counterterrorism, left us for a short period 17 to work at Credit Suisse. 18 But we're glad we have him back, 19 because with homeland security and security 20 issues on everyone's mind, I'm very proud that 21 we have someone who will keep us all safe. 22 He also hails from Riverdale, in 23 the Bronx, the area that I have the privilege 24 of representing in the Senate. And I also

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(518) 371-8910 1 know his wife, Deirdre, for many, many years, 2 also a public servant who serves us in the 3 court systems of the State of New York. 4 So it's my pleasure today to stand 5 and support someone who I think is going make 6 us all proud, Mr. Thomas Donlon, as our new 7 head of homeland security. 8 ACTING PRESIDENT KRUEGER: Thank 9 you, Senator Klein. 10 Senator Espada. 11 SENATOR ESPADA: Thank you, Madam 12 President. 13 I too wish to thank the Governor 14 for his good judgment and wisdom with respect 15 to this nomination. 16 Clearly his credentials, his 17 resume, speaks to his excellence, to his 18 training and preparation for this role. But I 19 wish to touch on a part of his resume that was 20 in his opening remarks which I think should 21 put everyone in this state at ease. 22 He spent a great deal of time 23 talking about his mother and his father and 24 their roles in developing his character and

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(518) 371-8910 1 developing the person that he is. And so this 2 is clearly a person that understands 3 fundamentally the value of family, the value 4 of safety, the values that bring us all to 5 these chambers. 6 Thank you, Governor Paterson. And 7 thank you, Mr. Donlon. 8 ACTING PRESIDENT KRUEGER: Thank 9 you. 10 Senator Hugh Farley. 11 SENATOR FARLEY: Thank you. 12 I rise to support this nomination 13 of a truly remarkable Irish-American, one of 14 seven children, and a linguist, among other 15 things, besides being a former FBI person and 16 somebody that is eminently qualified to serve 17 in something that is very, very important to 18 our state and our nation. 19 We're very, very fortune to have 20 him. He lives in Riverdale, New York, from 21 whence I came as a baby. And we're honored 22 and pleased that we can get somebody of this 23 caliber to serve our state in a very, very 24 important position.

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(518) 371-8910 1 And I wish you well, Tom. 2 ACTING PRESIDENT KRUEGER: Thank 3 you. 4 I too want to congratulate 5 Mr. Donlon and thank the Governor for sending 6 us such an excellent and qualified confirmee. 7 The question is on the notion to 8 confirm the nomination of Thomas G. Donlon, of 9 New York City, as Director of the Office of 10 Homeland Security. All those in favor please 11 signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT KRUEGER: Any 14 opposed, nay. 15 (No response.) 16 ACTING PRESIDENT KRUEGER: The 17 motion carries. The nomination of Thomas G. 18 Donlon, of New York City, as Director of the 19 Office of Homeland Security is hereby 20 confirmed. 21 Congratulations, Mr. Donlon. Thank 22 you very much. 23 (Applause.) 24 ACTING PRESIDENT KRUEGER: On

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(518) 371-8910 1 behalf of the Senate, we all wish to extend 2 our best wishes to you on your new endeavor on 3 our behalf. 4 The Secretary will continue to 5 read. 6 THE SECRETARY: As a member of 7 the Crime Victims Board, William J. Davis, of 8 New York City. 9 ACTING PRESIDENT KRUEGER: 10 Senator Kruger. 11 SENATOR C. KRUGER: Yes, on the 12 nomination. 13 Once again, the Governor has sent 14 us an appointment that is beyond excellent. 15 Justice Davis brings a lifetime of 16 experience. Currently a sitting justice of 17 the appellate term for the First Department in 18 New York Supreme Court, Justice Davis has an 19 exemplary record of public service that I know 20 will do great good for all of the board 21 members on that committee. 22 But most importantly, Judge Davis 23 comes with the compassion and the caring and 24 the know-how to be able to make a system that

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(518) 371-8910 1 sometimes seems broken, to that victim in 2 their darkest hour, work for them. 3 We wish him godspeed, and 4 congratulations to the Governor on this 5 choice. 6 Thank you. 7 ACTING PRESIDENT KRUEGER: Thank 8 you, Senator Kruger. 9 Senator Ruth Hassell-Thompson. 10 SENATOR HASSELL-THOMPSON: Thank 11 you, Madam President. 12 I rise, as the chair of the Crime 13 Victims, Corrections and Crime in the State of 14 New York as well as the Task Force on Domestic 15 Violence, to commend Mr. Davis for agreeing to 16 be a member of the Crime Victims Board. 17 We have a lot of issues in this 18 state as it pertains to crime victims, and it 19 was refreshing to hear that someone with the 20 background and skill of Mr. Davis was willing 21 to come to work for us here in the state and 22 to bring his expertise and talent on behalf of 23 crime victims. 24 And so I am very pleased to second

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(518) 371-8910 1 this nomination of Mr. Davis and ask for the 2 support of this entire body in making him the 3 next member of this board. 4 Thank you, Madam President. 5 ACTING PRESIDENT KRUEGER: Thank 6 you, Senator Hassell-Thompson. 7 Are there any other Senators that 8 wish to be heard on the motion to confirm the 9 nomination? 10 Senator Bill Perkins. 11 SENATOR PERKINS: I just want to 12 lend my voice of commendation to the selection 13 of Judge Davis to this board and want to thank 14 the Governor for his wisdom in making such a 15 wonderful choice. 16 He's a person that I've had the 17 opportunity to know for a long time, 18 obviously, first in his role as a judge. And 19 even in that capacity, he was an outstanding 20 individual. 21 And so I'm glad to see that he's 22 continuing to provide public service, in this 23 case for the state at a very, very important 24 time.

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(518) 371-8910 1 Thank you. 2 ACTING PRESIDENT KRUEGER: Thank 3 you, Senator Perkins. 4 The question is on the motion to 5 confirm the nomination of William J. Davis, of 6 New York City, as a member of the Crime 7 Victims Board. All those in favor please 8 signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT KRUEGER: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT KRUEGER: The 14 motion carries. The nomination of William J. 15 Davis, of New York City, as a member of the 16 Crime Victims Board is hereby confirmed. 17 Unfortunately, Mr. Davis could not 18 join us this afternoon in the gallery. 19 The Secretary will continue to 20 read. 21 THE SECRETARY: As a member of 22 the Correction Medical Review Board, Michael 23 M. Baden, of New York City. 24 ACTING PRESIDENT KRUEGER:

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(518) 371-8910 1 Senator Kruger. 2 SENATOR C. KRUGER: Thank you, 3 Madam President. 4 Once again, the Governor has 5 selected for renomination and confirmation 6 someone of national acclaim -- actually, 7 international acclaim. Dr. Baden is the 8 former chief medical examiner of New York, has 9 an illustrious record and a history of being a 10 forensic scientist besides a pathologist. 11 After 45 years of dedicated service 12 in the public sector, Dr. Baden has once again 13 offered his services as an unsalaried member 14 of the Correction Medical Review Board. I 15 urge his confirmation. 16 Thank you. 17 ACTING PRESIDENT KRUEGER: Thank 18 you, Senator Kruger. 19 The question is on the motion to 20 confirm the nomination of Dr. Michael M. 21 Baden, of New York City, as a member of the 22 Correction Medical Review Board. All those in 23 favor please signify by saying aye. 24 (Response of "Aye.")

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(518) 371-8910 1 ACTING PRESIDENT KRUEGER: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT KRUEGER: The 5 motion carries. The nomination of Michael M. 6 Baden, M.D., of New York City -- a constituent 7 of mine -- as a member of the Correction 8 Medical Review Board is hereby confirmed. 9 Dr. Baden could not join us this 10 afternoon. We wish him our best. 11 Senator Klein. 12 SENATOR KLEIN: Madam President, 13 can we now go to the Resolution Calendar. And 14 I believe Majority Leader Smith has a 15 privileged resolution at the desk. 16 ACTING PRESIDENT KRUEGER: 17 Senator Smith, on your resolution. 18 I'm sorry, the Secretary will read. 19 Excuse me. 20 THE SECRETARY: By Senator Smith, 21 Legislative Resolution Number 368, honoring 22 US Airways Flight 1549 Pilot Chesley B. 23 "Sully" Sullenberger III and his crew for 24 their heroic actions, remaining calm under

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(518) 371-8910 1 pressure, and their perseverance and 2 dedication to the safety of all 155 passengers 3 on board. 4 "WHEREAS, It is the sense of this 5 Legislative Body to honor US Airways Flight 6 1549 Pilot Chesley B. 'Sully' Sullenberger III 7 and his crew for their heroic actions, 8 remaining calm under pressure, and their 9 perseverance and dedication to the safety of 10 all 155 passengers on board; and 11 "WHEREAS, Pilot Chesley B. 12 Sullenberger III, along with his crew, 13 successfully landed the stricken jetliner in 14 the Hudson River on Thursday, January 15, 15 2009; and 16 "WHEREAS, This amazing, skilled 17 American hero, a native of Danville, 18 California, earned a bachelor of science 19 degree from the United States Air Force 20 Academy, a master of science degree from 21 Purdue University, and a master of arts degree 22 from the University of Northern Colorado. 23 Furthermore, Pilot Chesley Sullenberger III 24 has been named a visiting scholar at the

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(518) 371-8910 1 University of California, Berkeley; and 2 "WHEREAS, Captain Chesley B. 3 Sullenberger III bravely served his country as 4 a United States Air Force fighter pilot; and 5 "WHEREAS, Just after takeoff from 6 LaGuardia Airport, New York City, the 7 passengers of US Airways Airbus A320, bound 8 for Charlotte, North Carolina, all knew 9 something was wrong due to a loud thump, 10 followed by an eerie silence. Furthermore, 11 the flight attendants noticed the smell of 12 burning metal; and 13 "WHEREAS, Due to a 'double bird 14 strike,' smoke was billowing from the engine 15 mounted on the wing, which was aflame. 16 Quickly losing altitude, the pilot instructed 17 his passengers and crew to 'Brace for impact 18 because we are going down!'; and 19 "WHEREAS, Captain Chesley B. 20 Sullenberger III courageously, skillfully, and 21 effectively guided the plane down before it 22 splashed into the frigid waters of the Hudson 23 River. Within minutes of crashing, captains 24 and crew members of 14 New York Waterway

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(518) 371-8910 1 ferries arrived on the scene and rescued the 2 cold and frightened passengers from the 3 sinking plane; and 4 "WHEREAS, Despite the obvious 5 danger and risk to his personal safety, 6 Captain Sullenberger walked the length of the 7 plane not once but twice, to assure that no 8 one was left behind and everyone had gotten 9 out. Subsequently, he was the last one off; 10 and 11 "WHEREAS, Saving the lives of 12 150 passengers, three flight attendants, and 13 two pilots was the result of the collaborative 14 efforts of Captain Sullenberger, his crew, and 15 the captains and crew members of the New York 16 Waterway ferries; and 17 "WHEREAS, Turning a potential 18 tragedy into a 'Miracle on the Hudson,' the 19 heroes include Captain Sullenberger, 57, who 20 has been a pilot for US Airways since 1980, 21 and First Officer Jeff Skiles, 49, of Oregon, 22 Wisconsin, who is a 23-year veteran of US 23 Airways; flight attendants Doreen Welsh, 58, 24 of Ambridge, Pennsylvania, Donna Dent, 51, of

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(518) 371-8910 1 Winston-Salem, North Carolina, and Sheila 2 Dail, 57, of Weaverville, North Carolina; 3 Vincent Lombardi, captain of the Thomas 4 Jefferson, and his crew members, Hector 5 Rabanes and Wilfredo Rivera, who were 6 responsible for rescuing 56 people; Brittany 7 Catanzaro, captain of the Thomas Kean, and her 8 crew members, Osman Berete and Cosmo Mezzina, 9 who rescued 26 people; Vince Lucante and 10 Michael Starr, captains of the Yogi Berra, who 11 rescued 24 passengers, including one infant 12 and one child; Carl Lucas, captain of the 13 Athena, and his crew members, Luis Salerno and 14 Danny Convery, who rescued 19 passengers, 15 including the pilot; Manny Liba, captain of 16 the Moira Smith, and crew members Natale 17 Binetti and Guilio Farnese, who rescued 14 18 people; John Winiarski, captain of the Admiral 19 Richard Bennis, and his crew member, Frank 20 Illuzzi, who rescued three passengers; and 21 Mohamed Gouda, captain of the George 22 Washington, and his crew members, Jose Torres, 23 Pepe Carumba, and Gregorio Pages, who rescued 24 one passenger from the plane; and

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(518) 371-8910 1 "WHEREAS, The ferry crews reacted 2 instantly to the crash, saving the passengers 3 on board in the most successful air crash 4 rescue in aviation history; and 5 "WHEREAS, The members of this 6 Legislative Body, who represent all the people 7 of the great State of New York, would like to 8 recognize the captain and his crew for 9 responding quickly, calmly, and with the 10 highest degree of professionalism and 11 responsibility in the face of catastrophic 12 mechanical failure and imminent tragedy. 13 Their skill and sense of duty transformed that 14 imminent tragedy into a thankful celebration 15 of life for everyone aboard US Airways Flight 16 1549; and 17 "WHEREAS, If the first responders, 18 ferry operators, and tugboat drivers of 19 New York City hadn't responded as quickly as 20 they did, many people would have died or 21 suffered severe effects of hypothermia; and 22 "WHEREAS, This Legislative Body is 23 grateful for the heroism, grace, calmness, 24 determination and dedication shown by Pilot

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(518) 371-8910 1 Chesley B. 'Sully' Sullenberger III, his crew, 2 and the captains and crew members of the 3 New York Waterway ferries; now, therefore, be 4 it 5 "RESOLVED, That this Legislative 6 Body pause in its deliberations to honor 7 US Airways Flight 1549 Pilot Chesley B. 8 'Sully' Sullenberger III and his crew for 9 their heroic actions, remaining calm under 10 pressure, and their perseverance and 11 dedication to the safety of all 155 passengers 12 on board; and be it further 13 "RESOLVED, That this resolution, 14 suitably engrossed, be transmitted to the 15 aforementioned heroes." 16 ACTING PRESIDENT KRUEGER: 17 Senator Smith. 18 SENATOR SMITH: Thank you very 19 much, Madam President. 20 To my colleagues, to our friends, 21 all who are in this chamber and all who hear 22 the proceedings that are going on in this 23 chamber, we recall on January 15, 2009, a 24 moment when a great deal of memory was

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(518) 371-8910 1 stricken by many of us when we heard of 2 Flight 1549, which had ended up in the Hudson. 3 At that moment, many of us was not 4 clear as to what happened, how it happened. 5 We knew nothing of two bird strikes, nor did 6 we know how the passengers was on that 7 particular Airbus. All we did know as 8 New Yorkers was that there was a need for us 9 to rise and to do something for our fellow 10 citizens who were on that particular flight. 11 Captain Chesley Sullenberger, who 12 has basically made a name for himself, along 13 with the three flight attendants as well, did 14 a terrific job. They basically saved the 15 lives of 150 people, many of which many of us 16 do not know. 17 But yet and still, for that one day 18 and days after, many of us felt some type of 19 relationship with each and every one of them. 20 Because I can daresay we have all had some 21 moment in our life where there was an 22 unspeakable frightening moment that made us 23 think twice about the value of life, about our 24 friends, our neighbors, our family and our

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(518) 371-8910 1 friends. 2 Miracle on the Hudson. That is the 3 name that our Governor gave to that moment. 4 Quoting him, he said, "There was a miracle on 5 34th Street, and now we have a miracle on the 6 Hudson." 7 Well, today we pause our 8 deliberation from our legislative duties to 9 acknowledge not only the captain of that plane 10 but also to honor the flight attendants as 11 well. We want them to know, along with the 12 14 New York Waterway ferries, that we 13 appreciate all that they have done and all 14 that they will continue to do to save and 15 honor the great people of this state and those 16 who are a part of this country. 17 But we also pause today to talk 18 about one of the miracles that is actually 19 here. In addition to the crew that was part 20 of that plane, the miracle that happened with 21 the miracle on the Hudson, we also had 22 150 passengers. 23 And I will tell you, if you have 24 never believed in a blessing, if you never

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(518) 371-8910 1 believed that God has things that happen for a 2 reason, let me explain to you a moment that 3 occurred for me during that time. 4 I was actually in the city at that 5 moment. A call came in as I was making a 6 speech to the Jewish Society, indicating that 7 the plane that went down in the Hudson and 8 that they needed me to run over and see what 9 we could do. 10 I arrived on the scene along with 11 Pat Rubens, one of my assistants, and Austin 12 Shafran. Within about 20 minutes we were on 13 one of the barges with 16 of the passengers 14 from the plane. We were on that barge, 15 helping them with blankets, they were 16 utilizing our cellphones to call their homes, 17 their families, their loved ones. 18 Not knowing what was going on, many 19 of them were disoriented, didn't know what was 20 happening. We didn't even know what happened 21 to the other 130-something passengers. All we 22 knew at that moment was the plane had went 23 down, we had managed to get them on this 24 particular barge, and we were trying to do

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(518) 371-8910 1 what we could to help them through this 2 moment. 3 I would tell you, you should be 4 very proud of our colleagues. I put an 5 immediate call out to Senator Tom Duane, who 6 is not here, and Senator Liz Krueger. I 7 indicated to them that we had passengers that 8 were on this ship, they had no clothes, 9 because the Red Cross didn't have it at the 10 time, what could we do about trying to clothe 11 them. And at a moment's notice, two of our 12 colleagues were on the phone getting clothes 13 for these individuals. 14 But something more miraculous 15 occurred. I had the opportunity to sit down 16 and talk to several of these passengers. I 17 did have an opportunity to talk to one in 18 particular who, for some reason, this 19 gentleman and I developed a relationship at 20 that moment. As I began to talk to him -- and 21 this story will explain to you why, if you 22 don't believe in God and if you don't believe 23 in moments, you should once I complete this 24 story.

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(518) 371-8910 1 I talked to him for about a half an 2 hour or so. We talked about his family. He 3 used my cellphone to call his office to let 4 his office know that he was fine. He talked 5 to me about 9/11, what happened to him after 6 that -- he chose to then move to South 7 Carolina -- and then this actually occurred. 8 As we were going through our 9 discussion -- I had never met this man before 10 in my life -- he talks to me about his family. 11 I asked him about his wife. He tells me his 12 wife used to work for city government. I 13 said, "Oh, is that correct? What did your 14 wife do for city government?" He said, "Well, 15 she worked under the Koch administration." 16 And I said, "Well, so did I." 17 As we began to talk, he says to me, 18 "Oh, yeah, well she worked in the Department 19 of Consumer Affairs, and then she went and 20 worked for the state in DHCR, with the housing 21 authority." 22 I said, "Well, wait a minute." I 23 said, "A young man who is handling my 24 transition who is going to be the secretary of

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(518) 371-8910 1 the Senate worked for the Department of 2 Consumer Affairs and also worked for DHCR, by 3 the name of Angelo Aponte." He said, "My 4 wife, Gabrielle, was Angelo Aponte's assistant 5 for six years, went from the Department of 6 Consumer Affairs to the housing authority of 7 the State of New York." 8 Now, if that is not an incredible 9 moment, an incredible story. I have never met 10 Stewart Wallace before in my life. I'm on 11 this barge, helping him, one of the passengers 12 that was on the Airbus plane that went down in 13 the Hudson, only to find out that his wife 14 knew a gentleman that I knew back some 15 20 years ago. 16 And so while we are honoring the 17 pilot today, I want to talk about someone who 18 was blessed, someone who was blessed because 19 his life has been changed twice -- one with 20 9/11, where he was just moments away from that 21 location, and, two, what happened on the 22 Airbus. 23 And so, colleagues, ladies and 24 gentlemen, those of you that are under the

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(518) 371-8910 1 sound of my voice, it gives me great pleasure 2 not only to honor the captain of that 3 particular airplane but to also honor a young 4 man and his wife, who's here. Stewart Wallace 5 was one of the passengers on that Airbus 6 plane, 1549. 7 Ladies and gentlemen, Stewart 8 Wallace and his wife, Gabrielle. 9 (Standing ovation.) 10 SENATOR SMITH: I don't know, 11 Madam President, I don't know what he's going 12 through at night. I don't know how much it 13 has changed his life. But I will tell you, if 14 you for any reason had a doubt that there are 15 walking miracles on this planet, there is a 16 walking miracle right there. 17 Stewart Wallace, it is my pleasure 18 to honor you and have this resolution that we 19 pause on this day. And know that this 20 resolution will be in the archives of the 21 State of New York for infinity. So your 22 grandchildren, your great-great grandchildren, 23 on into the year 3035, will have a moment in 24 time they can come and remember this moment,

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(518) 371-8910 1 as I'm sure you and your lovely wife Gabrielle 2 are doing as well. 3 Thank you and God bless you. 4 ACTING PRESIDENT KRUEGER: Thank 5 you, Senator Smith. 6 Senator Tom Libous. 7 SENATOR LIBOUS: Thank you, 8 Madam President. 9 I join Majority Leader Smith in 10 certainly saying congratulations and honoring 11 Captain Sullenberger, his crew, the men and 12 women who raced to the rescue, and all of 13 those passengers who were successful in many 14 respects, each and every one of them being a 15 hero and I'm sure helping each other in that 16 very, very delicate moment. 17 And certainly to Senator Smith, for 18 his heroics at that time in being right on 19 that location and lending a helping hand and 20 sharing whatever help that he could. 21 You know, when I watched the plane 22 come down and I listened to Captain 23 Sullenberger -- like all of us in this chamber 24 who spend an awful lot of time in an airplane,

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(518) 371-8910 1 I often, before I get on, say a quick prayer 2 and hope that everything works out, just under 3 the assumption that we'll get to our 4 destination and that what we've seen before 5 where there are incidences that take place, 6 that that's just another point in time and 7 that's not going to happen to us. 8 And as I saw the plane first in the 9 water with Mr. Wallace and the passengers on 10 the wing and helping each other and waiting 11 for someone to rescue them, I, like I'm sure 12 all of you, felt an emotion in seeing that, 13 you know, this isn't pretend, this isn't the 14 heroics of television, it's not a movie. It's 15 real, those are real people. 16 And I felt the emotion and 17 certainly had no idea what it would feel like 18 to be out there. But it overcame me, and 19 certainly to know that all 150 passengers were 20 safe. 21 And, Mr. Wallace, you are here 22 today as a true testament to each and every 23 one of you for keeping your cool. And 24 somehow, miraculously, as Senator Smith said,

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(518) 371-8910 1 someone was looking over all of you that day 2 and allowing you to be here with us and share 3 certainly the heroics of each passenger on 4 that flight but also that of Captain 5 Sullenberger. 6 And again, I share with everyone 7 here that as you have, I listened to him when 8 they played the excerpts back and he talked 9 about "I have to put it in the Hudson." The 10 man was calm, cool. I was nervous, shaking, 11 listening to him. And he did what I think 12 someone who is trained in the Air Force as a 13 fighter pilot, along with his crew, who is 14 well-trained to do one thing, and that's to 15 bring home every passenger safe. 16 Mr. Wallace, it's great to have you 17 here. God bless you. And I join my 18 colleagues in sharing with Majority Leader 19 Smith, to all of the passengers and certainly 20 the heroes on that flight, congratulations. 21 ACTING PRESIDENT KRUEGER: Thank 22 you, Senator Libous. 23 Senator Eric Adams. 24 SENATOR ADAMS: Thank you,

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(518) 371-8910 1 Mrs. -- Miss President. 2 And I want to thank Senator Smith. 3 When we spoke and he said he was bringing this 4 resolution, I thought it was important. And 5 even more so, it was important to acknowledge 6 those who were on the plane. 7 Those of us -- I think Senator 8 Volker, Senator Golden, some others -- who 9 performed in any form of law enforcement 10 capacity would tell you that one of the most 11 frightening things that can happen to you is 12 when those who you are attempting to save 13 reach a state of panic. 14 And for the passengers to orderly 15 evacuate the plane -- landing the plane was 16 phase one. After landing that plane, you had 17 to get the passengers off. And when you have 18 responded to a level of emergencies and see 19 the disorientation, the level of panic, the 20 level of fright, the level of every-man- 21 for-himselfism that takes place in a state of 22 emergency -- you didn't see that there. 23 And I think that Mr. Wallace and 24 others who were on the plane realized that

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(518) 371-8910 1 they had to all survive together. And so it 2 was a Miracle on the Hudson, but in New York, 3 in America, we make our miracles. We make our 4 miracles every day. 5 And it's a testament to our 6 greatness, when you look at the men and women 7 who wear blue uniforms, gray uniforms, fly 8 planes or walk beats, they were dedicated and 9 they are committed. They're able to respond 10 in spite of fear, not becoming the symbol of a 11 deer caught in a set of headlights and stay 12 there and allow danger to cripple and take 13 them. In spite of that, they overcome those 14 fears. 15 It happens every day when a 16 firefighter goes into a burning building. It 17 happens every day when a 911 operator calls an 18 emergency and the EMS goes into a house to 19 save someone's life. It happens countless 20 number of times every day. 21 We saw the best of New Yorkers on 22 the Hudson, but the best of the New Yorkers 23 are also on the streets and on the sidewalks 24 and in the buildings of our city and our

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(518) 371-8910 1 state. America is the symbol of what's best 2 about us. We are the best fighter pilots, the 3 best law enforcement, the best firefighters. 4 And, you know, we have the best citizens. 5 And it's the combination of those 6 citizens coming together during difficult 7 times that we can do great things. Anybody 8 can take a flight from Point A to Point B and 9 go through some turbulent times. But to land 10 that plane and to have ferry operators come to 11 that site, to have police officers stop the 12 traffic, to have barge employees have a safe 13 place for people to land, to have a leader of 14 the Senate take out his cellphone to connect 15 with families -- because a countless number of 16 family members were wondering and were hoping 17 to hear from those loved ones. The difference 18 from that phone call is the difference from 19 someone receiving a panic attack -- it was a 20 combination of all that's great about America 21 we saw in that Hudson. 22 So although the captain is the 23 symbol of his skill and his courageous 24 attitude, it was an American symbol that was

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(518) 371-8910 1 on the Hudson River that we saw. It was 2 what's great about the United States of 3 America. 4 So no matter what people say to us 5 across the globe, all we have to do is point 6 to what we do every day. In a time of 7 despair, in a time of fright, in a time of 8 being afraid, we know how to stand up and be 9 not only great captains of planes but also 10 great passengers on planes. 11 We thank you so much for what you 12 have done. You're a symbol of everything 13 great about this country. I will never again 14 wear earphones when they state "Listen to an 15 emergency from the stewardess." I will 16 listen. Thank you. 17 ACTING PRESIDENT KRUEGER: Thank 18 you, Senator Adams. 19 Senator David Valesky. 20 SENATOR VALESKY: Thank you, 21 Madam President. 22 Senator Smith, thank you for 23 bringing this resolution forth today. 24 Mr. and Mrs. Wallace, thank you for

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(518) 371-8910 1 giving up time to be with us this afternoon. 2 Madam President and my colleagues, 3 some of you may have heard the interview that 4 Captain Sullenberger gave with Katie Couric on 5 "60 Minutes" the other evening. I did not 6 have an opportunity to see that program, but I 7 heard the interview on the way to Albany 8 yesterday morning. And something that Captain 9 Sullenberger said in that interview I think 10 speaks to each and every one of us, and I want 11 to share that with you today and with 12 New Yorkers who are listening to these 13 proceedings. 14 Katie Couric, at the end of the 15 interview, asked the captain: "You've been 16 called a hero by a lot of people. How do you 17 feel about that?" And the captain responded, 18 "I don't feel comfortable embracing it, but I 19 don't want to deny it. I don't want to 20 diminish their thankful feeling toward me by 21 telling them that they're wrong. I'm 22 beginning to understand why they might feel 23 that way," he replied. 24 Asked why that is, Sullenberger

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(518) 371-8910 1 said, "Something about this episode has 2 captured people's imagination. I think they 3 want good news. I think they want to feel 4 hopeful again. And if I can help in that way, 5 I will." 6 Madam President, it seems that we 7 as members of the Senate have an opportunity, 8 in the days and weeks and months ahead, and 9 the very difficult decisions that we have to 10 make in representing the 19.5 million 11 Americans, to help them find some hope again 12 in the times of extreme difficult economic 13 times that they are facing, and their 14 families. 15 I would hope that as we consider 16 and in a few short moments approve this 17 resolution, I would hope that each and every 18 one of us on both sides of the political aisle 19 today can use the spirit of Captain 20 Sullenberger and the sense that he has 21 expressed in that interview and in other 22 opportunities, that we can use that as our own 23 inspiration to work together, to work in a 24 cooperative fashion, to help make some very,

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(518) 371-8910 1 very difficult decisions that in the long run 2 will hopefully provide good news once again to 3 the people that we represent and restore some 4 hope to the people of this great Empire State. 5 Thank you very much, Madam 6 President. 7 ACTING PRESIDENT KRUEGER: Thank 8 you, Senator Valesky. 9 Are there any other Senators that 10 wish to be heard on this resolution? 11 The question is on the resolution. 12 All those in favor please signify by saying 13 aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT KRUEGER: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT KRUEGER: The 19 resolution is adopted. 20 On behalf of, and with the 21 unanimous consent of my colleagues here in the 22 State Senate, I want to acknowledge the 23 presence with us this afternoon of Mr. Stewart 24 Wallace and his wife, Gabrielle. Stewart was

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(518) 371-8910 1 one of the passengers on US Airways Flight 2 1549. Of course, we have already welcomed him 3 to the chamber. 4 And at the request of the sponsor, 5 Senator Smith, this resolution is open for 6 multisponsorship by the entire house. Any 7 member wishing not to be a multiple sponsor of 8 the resolution should so inform the desk. 9 And again, thank you to the 10 Wallaces for being with us here today to 11 represent both the importance of the captain's 12 success that day and the pleasure that we here 13 in the State of New York have knowing that 14 everyone survived safely. 15 So thank you very much. 16 (Applause.) 17 ACTING PRESIDENT KRUEGER: 18 Senator Klein. 19 SENATOR KLEIN: Madam President, 20 may we proceed with the regular order of 21 business. 22 ACTING PRESIDENT KRUEGER: Yes. 23 Reports of select committees. 24 Communications and reports from

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(518) 371-8910 1 state officers. 2 Motions and resolutions. 3 Senator Johnson, why do you rise? 4 SENATOR CRAIG JOHNSON: Madam 5 President, I have a motion. 6 On page number 5, I offer the 7 following amendments to Calendar Number 8 and 8 ask that said bill retain its place on Third 9 Reading Calendar. 10 ACTING PRESIDENT KRUEGER: So 11 ordered. 12 SENATOR CRAIG JOHNSON: Madam 13 President, I move that the following bill be 14 discharged from its respective committee and 15 be recommitted with instructions to strike the 16 enacting clause. That's Senate Number 1166. 17 ACTING PRESIDENT KRUEGER: So 18 ordered. 19 SENATOR CRAIG JOHNSON: Thank 20 you, Madam President. 21 ACTING PRESIDENT KRUEGER: 22 Senator Libous, why do you rise? 23 SENATOR LIBOUS: I have a motion, 24 Madam President.

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(518) 371-8910 1 ACTING PRESIDENT KRUEGER: 2 Senator Libous. 3 SENATOR LIBOUS: Thank you, Madam 4 President. 5 On behalf of Senator Robach, on 6 page number 5 I offer the following amendments 7 to Calendar Number 2, Senate Print Number 430, 8 and ask that said bill retain its place on the 9 Third Reading Calendar. 10 ACTING PRESIDENT KRUEGER: So 11 ordered. 12 Senator Klein. 13 SENATOR KLEIN: Madam President, 14 there will be an immediate meeting of the 15 Rules Committee in the Majority Conference 16 Room, 332. 17 Pending conclusion of the Rules 18 Committee meeting, can we please stand at 19 ease. 20 ACTING PRESIDENT KRUEGER: There 21 will be an immediate meeting of the Rules 22 Committee in the Majority Conference Room, 23 Room 332. 24 The Senate will stand at ease

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(518) 371-8910 1 pending the report of the Rules Committee. 2 (Whereupon, the Senate stood at 3 ease at 4:05 p.m.) 4 (Whereupon, the Senate reconvened 5 at 4:15 p.m.) 6 ACTING PRESIDENT KRUEGER: 7 Senator Klein. 8 SENATOR KLEIN: Madam President, 9 I move we accept the report of the Rules 10 Committee. 11 ACTING PRESIDENT KRUEGER: There 12 is a report of the Rules Committee at the 13 desk. 14 The Secretary will read. 15 THE SECRETARY: Senator Smith, 16 from the Committee on Rules, reports the 17 following bill direct to third reading: 18 Senate Print 1802, Senate Budget 19 Bill, an act to amend Chapter 53 of the Laws 20 of 2008 making appropriations for the support 21 of government. 22 ACTING PRESIDENT KRUEGER: 23 Senator Klein. 24 SENATOR KLEIN: Madam President,

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(518) 371-8910 1 move to accept the report of the Rules 2 Committee. 3 ACTING PRESIDENT KRUEGER: All 4 those in favor say aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT KRUEGER: Any 7 opposed, nay. 8 (No response.) 9 ACTING PRESIDENT KRUEGER: The 10 report is accepted. 11 Senator Klein. 12 SENATOR KLEIN: Madam President, 13 may we at this time adopt the Resolution 14 Calendar in its entirety, with the exception 15 of Legislative Resolution 326. 16 ACTING PRESIDENT KRUEGER: All 17 those in favor of adopting the Senate 18 Resolution Calendar in its entirety, with the 19 exception of Legislative Resolution 20 Number 326, please signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT KRUEGER: 23 Opposed, nay. 24 (No response.)

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(518) 371-8910 1 ACTING PRESIDENT KRUEGER: The 2 Resolution Calendar, with the exception of 3 Legislative Resolution Number 326, is adopted. 4 Senator Klein. 5 SENATOR KLEIN: Madam President, 6 may we at this time take up Resolution Number 7 326 and ask that the resolution, just the 8 title be read, and move for its immediate 9 adoption. 10 ACTING PRESIDENT KRUEGER: The 11 Secretary will read. 12 THE SECRETARY: By Senator 13 Farley, Legislative Resolution Number 326, 14 recognizing February 13, 2009, as "Blue 15 Friday." 16 ACTING PRESIDENT KRUEGER: 17 Senator Farley. 18 SENATOR FARLEY: Thank you, 19 Madam President. 20 "Blue Friday" is a resolution that 21 we do every year. It's a partnership between 22 the Albany radio station WGNA, which is the 23 number-one radio station in this area, and 24 Capital District chapter of Concerns of Police

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(518) 371-8910 1 Survivors, COPS. 2 It honors all law enforcement 3 officers who have given their lives in the 4 line of duty, as well as those who serve. 5 Each year between 140 and 160 6 officers are killed nationwide in the line of 7 duty, and their families and coworkers are 8 left to cope with this tragic loss. "Blue 9 Friday" is a reminder to pay tribute to those 10 in the law enforcement community who have made 11 the ultimate sacrifice. 12 On February 13, 2009, from 13 5:30 a.m. to 10:00 a.m., WGNA, DeNooyer 14 Chevrolet, and COPS will be taking donations 15 for a carnation, selling blue carnations and 16 "Blue Friday" t-shirts at DeNooyer Chevrolet 17 in Colonie and Pizzeria Uno in Wilton. And 18 over 25 agencies will be represented at the 19 two locations, and all proceeds will go to 20 COPS. 21 With us in the gallery from WGNA is 22 the number-one-rated morning show in this 23 area, with hosts Sean McMaster and Richie 24 Philips, who are with us -- if you'd please

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(518) 371-8910 1 stand -- and also the regional vice president 2 and general manager for Regent Communications, 3 Robert Ausfeld, and the marketing director, 4 Selena Dutcher. 5 And representing the Capital 6 District Concerns of Police Survivors -- 7 that's COPS -- Pat Fox, retired from the 8 Albany Police Department; Bobby Marco, of the 9 Bethlehem Police Department; Lou Solma, of the 10 Saratoga County Sheriff's Department; and Jack 11 Kimmey, of the Watervliet Police Department. 12 And we're honored to have them here. 13 And I would also like to say, on 14 behalf of these organizations and WGNA and 15 what they try to do, that this resolution is 16 open to everybody. 17 And, Madam President, I'd like you 18 to acknowledge our people that are to my right 19 in the gallery and welcome them to the Senate. 20 And I wish to open up this resolution to 21 everybody that is interested. 22 ACTING PRESIDENT KRUEGER: Thank 23 you. And welcome to all your guests, 24 Senator Farley.

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(518) 371-8910 1 The question is on the resolution. 2 All those in favor please signify by saying 3 aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT KRUEGER: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT KRUEGER: The 9 resolution is adopted. 10 At the request of the sponsor, the 11 resolution is open for multisponsorship by the 12 entire house. Any member wishing not to be a 13 multisponsor of the resolution should so 14 inform the desk. 15 Senator Klein. 16 SENATOR KLEIN: Madam President, 17 I believe Senator Breslin has a privileged 18 resolution, 338. I ask that it be taken up at 19 this time and give Senator Breslin the 20 opportunity to speak on his resolution. 21 ACTING PRESIDENT KRUEGER: 22 Senator Breslin. 23 SENATOR BRESLIN: I don't need to 24 speak on it.

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(518) 371-8910 1 ACTING PRESIDENT KRUEGER: Excuse 2 us. The Secretary will read the resolution. 3 THE SECRETARY: By Senator 4 Breslin, Legislative Resolution Number 338, 5 memorializing Governor David A. Paterson to 6 proclaim May 2009 as NF Awareness Month in the 7 State of New York. 8 ACTING PRESIDENT KRUEGER: The 9 question is on the resolution. All those in 10 favor please signify by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT KRUEGER: 13 Opposed, nay. 14 (No response.) 15 ACTING PRESIDENT KRUEGER: The 16 resolution is adopted. 17 At the request of the sponsor, the 18 resolution is open for multisponsorship by the 19 entire house. Any member wishing not to be a 20 multisponsor on this resolution should so 21 inform the desk. 22 Senator Klein. 23 SENATOR KLEIN: Madam President, 24 can we take up the noncontroversial reading of

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(518) 371-8910 1 the Senate calendar, please. 2 ACTING PRESIDENT KRUEGER: The 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 9, by Senator Breslin, Senate Print 414A, an 6 act to amend the Vehicle and Traffic Law, in 7 relation to parking spaces for handicapped 8 persons. 9 ACTING PRESIDENT KRUEGER: 10 Senator DeFrancisco, why do you rise? 11 SENATOR DeFRANCISCO: I'd like to 12 just explain my vote. 13 ACTING PRESIDENT KRUEGER: Just 14 one moment, Senator DeFrancisco. 15 First we'll have the Secretary read 16 the last section, and then you will be welcome 17 to explain your vote. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 120th day. 20 ACTING PRESIDENT KRUEGER: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT KRUEGER: 24 Senator DeFrancisco, to explain his vote.

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(518) 371-8910 1 SENATOR DeFRANCISCO: Yes, I'm 2 going to vote yes. I think it's a good bill 3 because what it does is it requires 4 instruction in another area, and that relates 5 to parking spaces for the handicapped. 6 But the reason I rise is there's 7 other things that are required that people 8 have to learn about before they get a driver's 9 license, including work zone safety and the 10 like. And you can see it from the bill itself 11 what the prior law is. 12 The problem is that in this year's 13 budget, the Commissioner of Motor Vehicles is 14 claiming that to save money that we should no 15 longer give the permit test, the written test. 16 That there should be a course, no test, then 17 the driving test after that. 18 Now, I would just hope that 19 everyone, now that they're aware of it, would 20 agree that that doesn't make a heck of a lot 21 of sense, because by just taking a driver's 22 test doesn't mean you're going to go through a 23 handicapped parking spot or you're going to go 24 through a work zone. And if we're requiring

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(518) 371-8910 1 all these things to be learned, how do we know 2 that anybody even read the book? 3 So I think it's a penny-wise, 4 dollar-foolish savings, and I would hope that 5 that would come out of the budget. 6 And it's fine having the course 7 before the permit test, that's great, before 8 somebody gets approved. But you've got to 9 have a written test to show that they have 10 knowledge of what we're mandating that they 11 learned. 12 Thank you. I vote aye. 13 ACTING PRESIDENT KRUEGER: 14 Senator DeFrancisco will be recorded in the 15 positive. 16 Senator Hassell-Thompson, why do 17 you rise? 18 SENATOR HASSELL-THOMPSON: Madam 19 President, I wasn't sure that I understood 20 something that Senator DeFrancisco said. And 21 I'm not up to disagree; I just didn't hear. 22 I thought I heard the Senator say 23 that to save money that they wanted to do away 24 with the exam. Was that what I heard? The

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(518) 371-8910 1 written exam. 2 ACTING PRESIDENT KRUEGER: 3 Senator Hassell-Thompson, we can't have a 4 dialogue back and forth. Senator DeFrancisco 5 was explaining his vote, and so we're on the 6 roll call. 7 SENATOR HASSELL-THOMPSON: No, 8 no, no, no. I wasn't trying to achieve a 9 dialogue. I just was confused if that was 10 what I heard. 11 But if that's what I heard, I think 12 just as a comment, not only am I supportive of 13 this, but if you pay any attention to the way 14 people drive who have taken the written test, 15 it will indicate how many more classes they 16 may need to take. 17 People have no clue, based on the 18 way they drive, of what's in that manual about 19 just road courtesies that are not for 20 politeness but rather for safety. And if you 21 see the way people drive, believe me, I will 22 not be supporting anything that does away with 23 the written exam. But I certainly will be 24 supporting our need to put additional

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(518) 371-8910 1 cautionaries in these exams. 2 And therefore, I do support this 3 bill. And I will work with you on any attempt 4 to do away with the written exam, 5 Senator DeFrancisco. 6 Thank you, Madam President. 7 ACTING PRESIDENT KRUEGER: Thank 8 you. Senator Hassell-Thompson will be 9 recorded in the positive. 10 Announce the results. 11 THE SECRETARY: Ayes, 61. Nays, 12 0. 13 ACTING PRESIDENT KRUEGER: The 14 bill is passed. 15 The Secretary will continue to 16 read. 17 THE SECRETARY: In relation to 18 Calendar Number 38, Senator Smith moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 4919 and substitute it 21 for the identical Senate Bill Number 1802, 22 Third Reading Calendar 38. 23 ACTING PRESIDENT KRUEGER: 24 Substitution ordered.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 38, Assembly Budget Bill, Assembly Print 4919, 4 an act to amend Chapter 53 of the Laws of 2008 5 making appropriations for the support of 6 government. 7 ACTING PRESIDENT KRUEGER: 8 Senator Klein. 9 SENATOR KLEIN: Madam President, 10 I believe there's a message of appropriation 11 at the desk. And I move the said message be 12 accepted. 13 ACTING PRESIDENT KRUEGER: 14 Senator Klein, a message of appropriation has 15 been received from the Governor and is here at 16 the desk. 17 All those in favor of accepting the 18 message of appropriation please signify by 19 saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT KRUEGER: 22 Opposed, nay. 23 (Response of "Nay.") 24 ACTING PRESIDENT KRUEGER: I

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(518) 371-8910 1 believe the ayes have it. The message of 2 appropriation is accepted. 3 Read the last section. 4 SENATOR WINNER: Madam President, 5 point of order. 6 ACTING PRESIDENT KRUEGER: 7 Senator Winner, why do you rise? 8 SENATOR WINNER: I raise a point 9 of order. 10 ACTING PRESIDENT KRUEGER: Please 11 go forward with your point of order. 12 SENATOR WINNER: I don't believe 13 we have a calendar on our desks reflecting 14 this particular bill. 15 ACTING PRESIDENT KRUEGER: One 16 moment while we clarify that. 17 Senator Winner, it's being brought 18 to my attention that the bill is on your desk 19 and that it came through the Rules Committee 20 and that we accepted the report of the Rules 21 Committee. 22 SENATOR WINNER: Madam President, 23 it's my understanding that we normally have a 24 calendar on our desks that reflects the bills

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(518) 371-8910 1 that we're going to be taking up during the 2 day. 3 I would presume that that would be 4 the case here. In my recollection, that's 5 always the way we've done business in this 6 house, is to have a calendar. 7 ACTING PRESIDENT KRUEGER: I will 8 have our counsel look into it. It was 9 explained to me that the supplemental calendar 10 was only this bill which is on our desks with 11 the Rules Committee. 12 But I am not disagreeing with you, 13 I am waiting for our counsels to get back to 14 me, if you'll just give us a moment to pause. 15 Thank you. 16 SENATOR KLEIN: Madam President. 17 ACTING PRESIDENT KRUEGER: 18 Senator Klein, why do you rise? 19 SENATOR KLEIN: Can we please 20 stand at ease for a moment. 21 ACTING PRESIDENT KRUEGER: 22 Certainly. The Senate will stand at ease. 23 Senator Klein. 24 SENATOR KLEIN: Madam President,

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(518) 371-8910 1 can you please call on Senator Winner. 2 ACTING PRESIDENT KRUEGER: 3 Senator Winner. 4 SENATOR WINNER: Thank you, 5 Madam President. 6 Under the circumstances, in an 7 effort to move the proceedings along, I 8 withdraw the point of order. 9 ACTING PRESIDENT KRUEGER: Thank 10 you very much, Senator Winner. 11 The point of order is withdrawn. 12 The Senate can continue. 13 The Secretary will read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KRUEGER: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. Nays, 21 0. 22 ACTING PRESIDENT KRUEGER: The 23 bill is passed. 24 Senator Klein, that completes the

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(518) 371-8910 1 noncontroversial reading of the calendar. 2 SENATOR KLEIN: Madam President, 3 is there any further business at the desk? 4 ACTING PRESIDENT KRUEGER: 5 Senator Klein, the desk is clear. 6 SENATOR KLEIN: Madam President, 7 I move to adjourn till Wednesday, 8 February 11th, at 11:00 a.m. 9 ACTING PRESIDENT KRUEGER: There 10 being no further business to come before the 11 Senate, on motion, the Senate stands adjourned 12 until Wednesday, February 11th, at 11:00 a.m. 13 Thank you. 14 (Whereupon, at 4:34 p.m., the 15 Senate adjourned.) 16 17 18 19 20 21 22 23 24

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(518) 371-8910