Thursday, March 5, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 5, 2009 11 11:17 a.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: The 10 invocation today will be delivered by Father 11 Peter G. Young, of Mother Theresa Community 12 here in Albany. 13 REVEREND YOUNG: Let us pray. 14 On this Thursday, as we think of 15 heading home to our constituency, let us 16 remember that the wisdom of God is beyond 17 imagining and God's goodness a boundless 18 treasure. 19 You, O Lord, unfailingly enlighten 20 our minds to open up new and better means of 21 sharing with each other here in this Senate 22 chamber our constituencies' information, ideas 23 and aspirations. 24 The discoveries of technology can

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(518) 371-8910 1 be of great assistance to our citizens of 2 New York State. They can bring them the kind 3 of help they need in these times of economic 4 stress, for our needed resources and for our 5 quality of life. We thank You, O God, for 6 that gift. 7 Amen. 8 ACTING PRESIDENT VALESKY: The 9 reading of the Journal. 10 The Secretary will read. 11 THE SECRETARY: In Senate, 12 Wednesday, March 4, the Senate met pursuant to 13 adjournment. The Journal of Tuesday, March 3, 14 was read and approved. On motion, Senate 15 adjourned. 16 ACTING PRESIDENT VALESKY: 17 Without objection, the Journal stands approved 18 as read. 19 Presentation of petitions. 20 Messages from the Assembly. 21 Messages from the Governor. 22 Reports of standing committees. 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 Klein. 4 SENATOR KLEIN: Mr. President, on 5 page 7 I offer the following amendments to 6 Calendar Number 19, Print Number 1363A, and 7 ask that said bill retain its place on Third 8 Reading Calendar. 9 ACTING PRESIDENT VALESKY: So 10 ordered. 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, 13 there will be an immediate meeting of the 14 Finance Committee in the Majority Conference 15 Room, Room 332. And immediately following, 16 there will be a Rules Committee meeting in 17 Room 332. 18 Pending the report of the Rules 19 Committee, may we please stand at ease. 20 ACTING PRESIDENT VALESKY: There 21 will be an immediate meeting of the Finance 22 Committee in the Majority Conference Room, 23 Room 332, to be immediately followed by a 24 meeting of the Rules Committee.

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(518) 371-8910 1 The Senate will stand at ease in 2 the meantime. 3 (Whereupon, the Senate stood at 4 ease at 11:19 a.m.) 5 (Whereupon, the Senate reconvened 6 at 11:36 a.m.) 7 ACTING PRESIDENT VALESKY: 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, I 10 believe there's a report of the Rules 11 Committee at the desk. I'd like to move to 12 accept the report of the Rules Committee. 13 ACTING PRESIDENT VALESKY: There 14 is a report of the Rules Committee at the 15 desk. 16 The Secretary will read. 17 THE SECRETARY: Senator Smith, 18 from the Committee on Rules, reports the 19 following bill direct to third reading: 20 Senate Print 52, Senate Budget 21 Bill, an act making appropriations for the 22 legal requirements. 23 ACTING PRESIDENT VALESKY: 24 Senator Klein.

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(518) 371-8910 1 SENATOR KLEIN: Mr. President, I 2 believe there's a substitution at the desk. 3 ACTING PRESIDENT VALESKY: One 4 second, Senator Klein. We need a motion to 5 accept the report of the Rules Committee 6 first. 7 SENATOR KLEIN: I move to accept 8 the report of the Rules Committee. 9 ACTING PRESIDENT VALESKY: All 10 those in favor of accepting the report of the 11 Rules Committee signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT VALESKY: 14 Opposed, nay. 15 (Response of "Nay.") 16 ACTING PRESIDENT VALESKY: The 17 report of the Rules Committee is accepted. 18 Senator Klein. 19 SENATOR KLEIN: I believe there's 20 a substitution at the desk, Mr. President. 21 ACTING PRESIDENT VALESKY: There 22 is, Senator Klein. 23 And the Secretary will read. 24 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 92, Senator Smith moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 152 and substitute it for 4 the identical Senate Bill Number 52, Third 5 Reading Calendar 92. 6 ACTING PRESIDENT VALESKY: 7 Substitution ordered. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, 10 may we at this time adopt the Resolution 11 Calendar in its entirety. 12 ACTING PRESIDENT VALESKY: All 13 those in favor of adopting the Senate 14 Resolution Calendar in its entirety please 15 signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT VALESKY: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT VALESKY: The 21 Resolution Calendar is adopted. 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, 24 can we please move to a noncontroversial

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(518) 371-8910 1 reading of the calendar. 2 ACTING PRESIDENT VALESKY: The 3 Secretary will proceed with the 4 noncontroversial reading of Senate Calendar 5 15. 6 THE SECRETARY: Calendar Number 7 56, by Senator Klein, Senate Print 1881, an 8 act to amend the Public Service Law. 9 ACTING PRESIDENT VALESKY: Read 10 the last section. 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, 13 can we lay this bill aside just for the day. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside for the day. Calendar 16 Number 56 is laid aside for the day. 17 THE SECRETARY: Calendar Number 18 64, by Senator Stachowski, Senate Print 1411, 19 an act to amend Chapter 276 of the Laws of 20 1993. 21 ACTING PRESIDENT VALESKY: There 22 is a home-rule message at the desk. 23 The Secretary will read the last 24 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 Senator Klein, that concludes the 10 noncontroversial reading of Senate Calendar 11 15. 12 SENATOR KLEIN: Mr. President, at 13 this time can we take up Supplemental Calendar 14 15A. 15 ACTING PRESIDENT VALESKY: The 16 Secretary will proceed with the 17 noncontroversial reading of Senate 18 Supplemental Calendar 15A. 19 THE SECRETARY: Calendar Number 20 92, substituted earlier, Assembly Budget Bill, 21 Assembly Print Number 152, an act making 22 appropriations for the legal requirements of 23 the state debt service. 24 ACTING PRESIDENT VALESKY: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT VALESKY: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT VALESKY: 8 Senator Maziarz, to explain his vote. 9 SENATOR MAZIARZ: Thank you, 10 Mr. President, to explain my vote. I don't 11 think it would be in order to ask any 12 questions right now, because we're on the roll 13 call, so I'll skip that part of it, 14 reluctantly skip that part of it. 15 I'm going to be voting in the 16 negative on this bill, Mr. President, because 17 just in the Finance Committee meeting it's 18 really unclear to me at this point where the 19 money is coming for this bill. 20 And I fear -- I don't know, but I 21 fear that some of the money for this budget 22 bill, this debt service bill, may be coming 23 from, may be coming from the $750 million that 24 was stolen from the people of Niagara, Erie,

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(518) 371-8910 1 and St. Lawrence Counties, from their -- one 2 of the few assets that they have in Western 3 New York, in Erie and Niagara County, is the 4 New York Power Authority, the Robert Moses 5 Power Plant in the Town of Lewiston. 6 So I vote in the negative. Thank 7 you. 8 ACTING PRESIDENT VALESKY: 9 Senator Maziarz will be recorded in the 10 negative. 11 Senator LaValle, to explain your 12 vote? We are on the roll call. Do you wish 13 to explain your vote? 14 SENATOR LaVALLE: No, 15 Mr. President. 16 ACTING PRESIDENT VALESKY: The 17 Secretary will announce the results. 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 92 are 20 Senators Griffo, Hannon, LaValle, Marcellino, 21 Maziarz, Morahan, Ranzenhofer and Robach. 22 Ayes, 52. Nays, 8. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 Senator Klein, that completes the 2 noncontroversial reading of the Senate 3 supplemental calendar. 4 SENATOR KLEIN: Mr. President, is 5 there any further business at the desk? 6 ACTING PRESIDENT VALESKY: There 7 is none. 8 SENATOR KLEIN: There being none, 9 I move that we adjourn until Monday, 10 March 9th, at 3:00 p.m., intervening days 11 being legislative days. 12 ACTING PRESIDENT VALESKY: On a 13 motion by Senator Klein, the Senate stands 14 adjourned until Monday, March 9th, at 15 3:00 p.m., intervening days to be legislative 16 days. 17 (Whereupon, at 11:42 a.m., the 18 Senate adjourned.) 19 20 21 22 23 24

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(518) 371-8910