Wednesday, March 4, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 4, 2009 11 3:19 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR DAVID J. VALESKY, 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 VALESKY: The 3 Senate will please come to order. 4 I ask everyone present to please 5 rise and recite with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT VALESKY: 10 Today's invocation will be delivered by Father 11 Peter G. Young, of Mother Theresa Community 12 here in Albany. 13 REVEREND YOUNG: Let us pray. 14 Almighty and Eternal God, You have 15 revealed Your glory to all nations. God of 16 power and might, wisdom and justice comes to 17 our Senators in this chamber through Your 18 authority, with the prayer that our laws are 19 enacted and our judgments are decreed with our 20 citizens, benefitting them and helping them 21 from the dedication of our session today. 22 We ask You this now and forever. 23 Amen. 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Reading of the Journal. 2 The Secretary will read. 3 THE SECRETARY: In Senate, 4 Tuesday, March 3, the Senate met pursuant to 5 adjournment. The Journal of Monday, March 2, 6 was read and approved. On motion, Senate 7 adjourned. 8 ACTING PRESIDENT VALESKY: 9 Without objection, the Journal stands approved 10 as read. 11 Presentation of petitions. 12 Messages from the Assembly. 13 Messages from the Governor. 14 Reports of standing committees. 15 Reports of select committees. 16 Communications and reports from 17 state officers. 18 Motions and resolutions. 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, 21 would you recognize Senator Stavisky, please. 22 ACTING PRESIDENT VALESKY: 23 Senator Stavisky. 24 SENATOR STAVISKY: Mr. President,

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(518) 371-8910 1 on page 9 I offer the following amendments to 2 Calendar Number 48, Senate Print Number 1538, 3 and I ask that the bill retain its place on 4 third reading. 5 ACTING PRESIDENT VALESKY: So 6 ordered. 7 SENATOR STAVISKY: Thank you. 8 ACTING PRESIDENT VALESKY: 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, 11 may we at this time go to the reading of the 12 noncontroversial calendar. 13 ACTING PRESIDENT VALESKY: The 14 Secretary will proceed with the 15 noncontroversial reading of the calendar. 16 THE SECRETARY: Calendar Number 17 21, by Senator Fuschillo, Senate Print 41, an 18 act to amend the Judiciary Law, in relation to 19 practicing or appearing. 20 ACTING PRESIDENT VALESKY: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the 60th day. 24 ACTING PRESIDENT VALESKY: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 56. 4 ACTING PRESIDENT VALESKY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 26, by Senator Sampson, Senate Print -- 8 SENATOR ROBACH: Lay it aside. 9 ACTING PRESIDENT VALESKY: The 10 bill is laid aside. 11 THE SECRETARY: Calendar Number 12 66, by Senator Huntley, Senate Print 2362, an 13 act to amend the Mental Hygiene Law, in 14 relation to defense and indemnification. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 4. This 18 act shall take effect immediately. 19 ACTING PRESIDENT VALESKY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 55. Nays, 23 1. Senator Duane recorded in the negative. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 Senator Klein, that completes the 3 noncontroversial reading of the calendar. 4 SENATOR KLEIN: Mr. President, at 5 this time can we move to the reading of the 6 controversial calendar. 7 ACTING PRESIDENT VALESKY: The 8 Secretary will please ring the bells. 9 Members are asked to come to the 10 chamber so that we can proceed with the 11 controversial reading of the calendar. 12 The Secretary will proceed with the 13 controversial reading of the calendar. 14 THE SECRETARY: Calendar Number 15 26, by Senator Sampson, Senate Print 142, an 16 act to amend the Executive Law. 17 ACTING PRESIDENT VALESKY: 18 Senator Sampson, why do you rise? 19 SENATOR SAMPSON: I would like to 20 lay aside that bill for the day. 21 ACTING PRESIDENT VALESKY: The 22 bill is laid aside for the day. 23 Senator Klein. 24 SENATOR KLEIN: Mr. President,

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(518) 371-8910 1 can we please recognize Senator Ruth 2 Hassell-Thompson for an announcement. 3 ACTING PRESIDENT VALESKY: 4 Senator Hassell-Thompson. 5 SENATOR HASSELL-THOMPSON: Thank 6 you, Mr. President. 7 I would like to announce that at 8 6:00 o'clock there will be a meeting of the 9 Majority in the Majority Conference Room, 10 Room 332, 6:00 o'clock sharp. 11 ACTING PRESIDENT VALESKY: The 12 Senate Majority will meet in Room 332 at 13 6:00 p.m. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, 16 before we adjourn, I have some announcements 17 for next week. 18 Prudent to Section 202 of the 19 Education Law, there will be a joint session 20 of the Legislature next Tuesday, March 10th, 21 at noon, in the Assembly chamber, for the 22 purpose of electing four Regents of the 23 University of the State of New York. There 24 will be a Regent from the 3rd District, a

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(518) 371-8910 1 Regent from the 13th, and two 2 Regents-at-large. 3 Again, that will be a joint session 4 next Tuesday, March 10th, at noon in the 5 Assembly chamber, for the purpose of electing 6 Regents. 7 ACTING PRESIDENT VALESKY: So 8 noted. 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, is 11 there any further business at the desk? 12 ACTING PRESIDENT VALESKY: There 13 is none. 14 SENATOR KLEIN: There being none, 15 I move that we adjourn until Thursday, 16 March 5th, at 11:00 a.m. 17 ACTING PRESIDENT VALESKY: On a 18 motion by Senator Klein, and there being no 19 further business to come before the Senate, 20 the Senate stands adjourned until Thursday, 21 March 5th, at 11:00 a.m. 22 (Whereupon, at 3:25 p.m., the 23 Senate adjourned.) 24

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(518) 371-8910