Gaveled in 11:19 AM · Albany, New York · 2009–10 session
1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 26, 2009 11 11:19 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR NEIL D. BRESLIN, 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 BRESLIN: The 3 Senate will please come to order. 4 I ask everyone to rise and recite 5 the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT BRESLIN: The 9 invocation today will be delivered by Father 10 Peter Young, of Mother Theresa Church in 11 Albany, New York. 12 REVEREND YOUNG: Thank you. 13 Let us pray. 14 Senators, as we assemble today, we 15 know that we've heard the adage "March comes 16 in like a lion and goes out like a lamb." As 17 we think of the budget session, may we again 18 ask God to pray for us. 19 Almighty and Eternal God, You have 20 revealed Your glory with justice that comes to 21 our Senators through Your authority with 22 prayer, that Your laws are enacted and 23 judgments are decreed, with our citizens 24 benefiting from the dedication of our session
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(518) 371-8910 1 today. 2 Amen. 3 ACTING PRESIDENT BRESLIN: Thank 4 you, Father Young. 5 The reading of the Journal. 6 The Secretary will read. 7 THE SECRETARY: In Senate, 8 Wednesday, March 25, the Senate met pursuant 9 to adjournment. The Journal of Tuesday, 10 March 24, was read and approved. On motion, 11 Senate adjourned. 12 ACTING PRESIDENT BRESLIN: 13 Without objection, the Journal stands approved 14 as read. 15 Presentation of petitions. 16 Messages from the Assembly. 17 Messages from the Governor. 18 Reports of standing committees. 19 Reports of select committees. 20 Communications and reports from 21 state officers. 22 Motions and resolutions. 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, I
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(518) 371-8910 1 believe Senator Huntley and Senator Little 2 have a resolution at the desk. I ask that the 3 resolution be read in its entirety and move 4 for its immediate adoption and start off with 5 Senator Little to speak on the resolution. 6 ACTING PRESIDENT BRESLIN: The 7 Secretary will read. 8 THE SECRETARY: By Senators 9 Huntley and Little, Legislative Resolution 10 Number 1032, expressing sincerest, heartfelt 11 condolences to the victims of the devastating 12 fire that took place at Riverview Individual 13 Residential Alternatives (IRA) group home, and 14 applauding all those who acted astutely and 15 heroically in the face of danger. 16 "WHEREAS, This Legislative Body 17 recognizes the tragedy of the devastating fire 18 that took place at the Riverview Individual 19 Residential Alternative (IRA) group home, and 20 the loss of life and damage that have been 21 sustained by the victims and their loved ones; 22 and 23 "WHEREAS, On Saturday, March 21, 24 2009, fire broke out at approximately
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(518) 371-8910 1 5:30 a.m. at Riverview IRA, a state-operated, 2 24-hour supervised group home located in 3 Wells, New York, in Hamilton County; and 4 "WHEREAS, This fatal tragedy 5 claimed the lives of four of the nine 6 developmentally disabled patients residing in 7 the home who were involved in the fire. The 8 four residents who perished include: Anthony 9 Vitti, Theresa Williams, Gloria Bonilla, and 10 Corey Desotelle; and 11 "WHEREAS, It is the sense of this 12 Legislative Body to recognize the noble 13 efforts of each and every staff member of both 14 the Riverview IRA and Sunmount Developmental 15 Disabilities Services Office (DDSO), all 16 emergency personnel, investigators, neighbors, 17 and community members, as well as Diana 18 Jones-Ritter, Commissioner of the Office of 19 Mental Retardation and Developmental 20 Disabilities (OMRDD), and Helene DeSanto, 21 director of Sunmount DDSO, who responded 22 quickly and valiantly, coming to the aid of 23 the residents; and 24 "WHEREAS, With a strong sense of
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(518) 371-8910 1 community, the outpouring of assistance and 2 caring from the Wells, Speculator, and 3 surrounding neighborhoods has been 4 exceptional. The people of this great state 5 have opened their homes and have donated food 6 and other necessities to those affected by 7 this heartbreaking, tragic event; and 8 "WHEREAS, On behalf of the people 9 of the State of New York, the members of this 10 Legislative Body offer their deepest 11 condolences to the families and friends of 12 those who died; now, therefore, be it 13 "RESOLVED, That this Legislative 14 Body pause in its deliberations to express 15 sincerest, heartfelt condolences to the 16 victims of the devastating fire that took 17 place at Riverview Individual Residential 18 Alternative (IRA) group home and to applaud 19 all those who acted astutely and heroically in 20 the face of danger; and be it further 21 "RESOLVED, That copies of this 22 resolution, suitably engrossed, be transmitted 23 to the families of Anthony Vitti, Theresa 24 Williams, Gloria Bonilla, and Corey
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(518) 371-8910 1 Desotelle." 2 ACTING PRESIDENT BRESLIN: 3 Senator Huntley. 4 SENATOR HUNTLEY: Thank you, 5 Mr. President. 6 I rise to give condolences to the 7 families of the ones who perished in the fire. 8 I also would like to commend 9 Commissioner Ritter for the job well done. 10 She called me that Saturday morning -- in 11 fact, I was shopping when she called me -- and 12 right away my whole day became just a day 13 where I was very upset, because I know that 14 fire is such a tragedy when it happens in any 15 household. 16 And I would also like to commend 17 Senator Little for being on the scene, 18 supporting the families, supporting the 19 commissioner, the rescue workers. I was very 20 happy to hear that she was there, and I just 21 think that we too owe her our gratitude and 22 thanks for being there in that community and 23 making things better. 24 So I would just like all of us just
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(518) 371-8910 1 to applaud for her. 2 (Applause.) 3 SENATOR HUNTLEY: Is that 4 applause? I mean, can we see a little 5 affection here? Hello? 6 (Applause.) 7 SENATOR HUNTLEY: Thank you. 8 This is an experience that no one 9 wants to be around or involved in. It's a 10 heart-wrenching tragedy. And to be standing 11 on the scene and to be helping and to be 12 looking, you can imagine what that does to a 13 person. 14 So again, I would like to thank 15 her, and I would like to say Commissioner 16 Ritter did a fabulous job. She keeps me 17 informed; she called me all day. 18 And again, let's just pray that 19 this does not happen again in any of our 20 state-run facilities. 21 Thank you so much. 22 ACTING PRESIDENT BRESLIN: Thank 23 you, Senator Huntley. 24 Senator Little.
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(518) 371-8910 1 SENATOR LITTLE: Thank you. 2 And thank you, Senator Huntley, for 3 your comments, but also thank you for this 4 resolution in sympathy to those who lost their 5 lives that day. 6 As was mentioned, this was a real, 7 real tragedy. The community of Wells, 8 New York, is located in Hamilton County. 9 Hamilton County is one of the largest 10 geographic counties in the state and the 11 smallest county in the state, having a 12 population of just over 5,000 people. So we 13 are really talking about a very small 14 community. 15 And within that community there 16 were three residential facilities -- 17 ACTING PRESIDENT BRESLIN: Can we 18 have some quiet, please. 19 You may continue, Senator Little. 20 SENATOR LITTLE: Thank you. 21 There were three residential 22 facilities for the residents of Sunmount, 23 which is a huge mental retardation, 24 developmentally disabled facility located in
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(518) 371-8910 1 Tupper Lake. 2 This facility, when you got the 3 call that such a thing had happened and you 4 realize what a tragedy it was, I guess your 5 first instinct is that this is a home that 6 perhaps maybe they had done renovations to, or 7 an older home. This was a brand-new 8 residence. It was just built last spring; the 9 residents moved in June 1st. It was a 10 beautiful setting, and it was totally 11 destroyed by a very, very fast fire. 12 There were nine residents of this 13 facility; five were saved. There were two 14 supervisors who were on duty from 11:00 to 15 7:00 at night, and they worked very hard to 16 get as many residents out of the facility as 17 they could. Unfortunately and tragically, 18 four residents lost their lives. And 19 certainly my sympathy and feelings go out to 20 their families, as does everyone's. 21 The thing that you think about is 22 when you think of these people and these 23 residents, many of them have lived in a 24 developmental residence since they were born.
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(518) 371-8910 1 Many of them have lived there all of their 2 adult life. The director of the residence in 3 Wells, New York, said he knew these people for 4 21 years. 5 So our sympathies go out to their 6 family. But believe me, their extended family 7 is very, very large. Their extended family is 8 all of those who are employed by Sunmount, by 9 the developmental disability agency, all of 10 the people of Wells, New York -- because these 11 people were involved in the community, they 12 were out at a day treatment facility every 13 day, they attended events at the school and in 14 the community. Everyone in the community knew 15 these people, and they were part of the Wells 16 family. 17 It was very, very impressive that 18 day, despite the tragedy, to see the 19 outpouring of help and assistance. The local 20 fire companies from all around came that day. 21 Two firemen lived across the street when the 22 call came out. And frequently there are 23 smoke-detector fires and false alarms. They 24 put on their gear, looked out the window and
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(518) 371-8910 1 saw the flames, and went running across the 2 street to the house to help get the people out 3 of the house. 4 Everyone came to help. 5 Commissioner Diana Jones-Ritter flew in that 6 afternoon. The director of Sunmount, Helene 7 DeSanto, was on the scene when I got there 8 shortly after 1 o'clock. The pharmacies, 9 which were at least an hour away, had 10 everyone's medication there by 3 o'clock in 11 the afternoon so people did not go without 12 their medication. People in the community 13 were bringing food into the residence where 14 the survivors were taken. Clothing was being 15 dropped off, all kinds of things to help these 16 people and to help them. 17 So I guess when you have a tragedy 18 like that, you certainly thank God for the 19 help that comes together and the people and 20 the outpouring of love and compassion for the 21 people who endured this tragedy. 22 So I thank all of you for your 23 concern and for your sympathy. And, Senator 24 Huntley, thank you very much for doing this
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(518) 371-8910 1 resolution. It will be appreciated by the 2 families as well as all the workers of 3 Sunmount, OMRDD, and all of those who were 4 involved in this terrible, terrible tragedy. 5 Thank you. 6 ACTING PRESIDENT BRESLIN: Thank 7 you, Senator Little. 8 Are there any other Senators 9 wishing to be heard on this resolution? 10 The question is on the resolution. 11 All those in favor please signify by saying 12 aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT BRESLIN: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT BRESLIN: The 18 resolution is adopted. 19 At the request of the sponsor, the 20 resolution is open for multisponsorship by the 21 entire house. Any member wishing not to be a 22 multisponsor may so inform the desk. 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, I
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(518) 371-8910 1 believe Senator Morahan has a resolution at 2 the desk. I ask that the title be read and 3 move for its immediate adoption and give 4 Senator Morahan the opportunity to speak on 5 the said resolution. 6 ACTING PRESIDENT BRESLIN: The 7 Secretary will read. 8 THE SECRETARY: By Senator 9 Morahan, Legislative Resolution Number 1034, 10 honoring Valley Cottage Library upon the 11 occasion of celebrating its 50th anniversary 12 on March 28, 2009. 13 ACTING PRESIDENT BRESLIN: The 14 question is on the resolution. All those in 15 favor signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT BRESLIN: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT BRESLIN: The 21 resolution is adopted. 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, 24 there will be an immediate meeting of the
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(518) 371-8910 1 Rules Committee in the Majority Conference 2 Room, 332. 3 Pending the report of the Rules 4 Committee, may we please stand at ease. 5 ACTING PRESIDENT BRESLIN: There 6 will be an immediate meeting of the Rules 7 Committee in the Majority Conference Room, 8 Room 332. 9 The Senate will stand at ease 10 pending the report of the Rules Committee. 11 (Whereupon, the Senate stood at 12 ease at 11:32 a.m.) 13 (Whereupon, the Senate reconvened 14 at 11:52 a.m.) 15 ACTING PRESIDENT BRESLIN: 16 Senator Klein. 17 SENATOR KLEIN: Mr. President, at 18 this time can we return to the order of 19 reports of standing committees. 20 I believe there's a report of the 21 Rules Committee at the desk, and I move for 22 its acceptance. 23 ACTING PRESIDENT BRESLIN: 24 Returning to the order of reports of standing
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(518) 371-8910 1 committees, there is a report of the Rules 2 Committee at the desk. 3 The Secretary will read. 4 THE SECRETARY: Senator Smith, 5 from the Committee on Rules, reports the 6 following bill direct to third reading: 7 Senate Print 3641, by Senator 8 C. Johnson, an act authorizing the State 9 Comptroller. 10 ACTING PRESIDENT BRESLIN: 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, I 13 move we accept the report of the Rules 14 Committee. 15 ACTING PRESIDENT BRESLIN: All 16 those in favor of accepting the Rules 17 Committee report please signify by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT BRESLIN: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT BRESLIN: The 23 report of the Rules Committee is accepted. 24 Senator Klein.
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(518) 371-8910 1 SENATOR KLEIN: Mr. President, 2 could we at this time take up the reading of 3 Calendar Number 27. 4 ACTING PRESIDENT BRESLIN: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 55, by Senator Savino, Senate Print 2312, an 8 act to amend the Retirement and Social 9 Security Law, in relation to extension. 10 ACTING PRESIDENT BRESLIN: Read 11 the last section. 12 THE SECRETARY: Section 5. This 13 act shall take effect immediately. 14 ACTING PRESIDENT BRESLIN: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. 18 ACTING PRESIDENT BRESLIN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 117, by Senator Hassell-Thompson, Senate Print 22 3401, an act to amend the Correction Law, in 23 relation to enabling. 24 ACTING PRESIDENT BRESLIN: The
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(518) 371-8910 1 Secretary will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT BRESLIN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT BRESLIN: 8 Senator DeFrancisco, to explain his vote. 9 SENATOR DeFRANCISCO: Yes, this 10 is an excellent bill. I believe the sheriffs 11 around the state are supportive of this bill. 12 This bill being our 58th bill that 13 we've passed so far in session, on the 33rd 14 day of session this year. So we're averaging 15 a very healthy 1.75 bills per day of session 16 day. As compared to prior years, when we 17 didn't come here on Thursdays -- less days -- 18 last year we had 263 bills passed, and in 19 2007, 182 bills passed. 20 So I guess this is a wonderful 21 bill. We'd like to see more bills on the 22 floor for vote and debate, especially budget 23 bills, since we are now less than a week from 24 budget time. We've been here Thursdays, which
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(518) 371-8910 1 was a great idea when the Governor put his 2 budget out back in December, so that we could 3 work on the budget diligently. But 4 unfortunately, we don't have those bills 5 either. 6 So I favor this bill. I would also 7 favor bringing some budget bills onto the 8 floor so we could study them and actually 9 debate the biggest issue facing the State of 10 New York; namely, its budget. 11 Thank you. I vote aye. 12 ACTING PRESIDENT BRESLIN: Thank 13 you, Senator DeFrancisco. 14 Senator Hassell-Thompson, to 15 explain her vote. 16 SENATOR HASSELL-THOMPSON: 17 Senator DeFrancisco, first of all, let me 18 thank you for your support of the bill. 19 Since this is my first bill in the 20 Majority, of course, obviously, it means a 21 great deal to me. It means an even bigger 22 deal that you didn't lay it aside, because I 23 had all this wonderful speech that I had 24 prepared.
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(518) 371-8910 1 (Laughter.) 2 SENATOR MARCELLINO: Lay it 3 aside. 4 (Laughter.) 5 SENATOR HASSELL-THOMPSON: Thank 6 you, Carl. I appreciate you as well. 7 But, you know, just to say that in 8 this budget crunch we want to be sure that we 9 codify and clarify what sheriffs can do. And 10 I just appreciate the support on this bill. 11 Thank you, Mr. President. 12 ACTING PRESIDENT BRESLIN: Thank 13 you, Senator Hassell-Thompson. 14 The Secretary will announce the 15 results. 16 THE SECRETARY: Ayes, 60. Nays, 17 0. 18 ACTING PRESIDENT BRESLIN: The 19 bill is passed. 20 Senator Klein, that completes the 21 noncontroversial reading of the calendar. 22 SENATOR KLEIN: Mr. President, 23 can you please recognize Senator Ruth 24 Hassell-Thompson for a brief announcement.
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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: 2 Senator Hassell-Thompson. 3 SENATOR HASSELL-THOMPSON: Thank 4 you again, Mr. President. 5 Immediately following this session 6 there will be a Majority conference in the 7 Majority Conference Room, Room 332. 8 Thank you. 9 ACTING PRESIDENT BRESLIN: 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, is 12 there any further business at the desk? 13 ACTING PRESIDENT BRESLIN: 14 Senator Klein, the desk is clear. 15 SENATOR KLEIN: There being none, 16 I move that we adjourn at the call of the 17 Majority Leader, intervening days to be 18 legislative days. 19 ACTING PRESIDENT BRESLIN: There 20 being no further business to come before the 21 Senate, on motion, the Senate stands adjourned 22 at the call of the Majority Leader, 23 intervening days to be legislative days. 24 (Whereupon, at 11:57 a.m., the
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(518) 371-8910 1 Senate adjourned.) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
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Highest impact first.