Wednesday, April 29, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 29, 2009 11 11:23 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: In the 10 absence of clergy, may we bow our heads in a 11 moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT VALESKY: The 15 reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Tuesday, April 28, the Senate met pursuant to 19 adjournment. The Journal of Monday, April 27, 20 was read and approved. On motion, Senate 21 adjourned. 22 ACTING PRESIDENT VALESKY: 23 Without objection, the Journal stands approved 24 as read.

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(518) 371-8910 1 Presentation of petitions. 2 Messages from the Assembly. 3 Messages from the Governor. 4 Reports of standing committees. 5 Reports of select committees. 6 Communications and reports from 7 state officers. 8 Motions and resolutions. 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, I 11 have two motions. 12 First, on behalf of Senator 13 Aubertine, I move that the following bills be 14 discharged from their respective committees 15 and be recommitted with instructions to strike 16 the enacting clause: Senate Bill 4741. 17 ACTING PRESIDENT VALESKY: So 18 ordered. 19 Senator Klein. 20 SENATOR KLEIN: On behalf of 21 Senator Stavisky, I move that the following 22 bills be discharged from their respective 23 committees and be recommitted with 24 instructions to strike the enacting clause:

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(518) 371-8910 1 Senate Bill 1381. 2 ACTING PRESIDENT VALESKY: So 3 ordered. 4 Senator Klein. 5 SENATOR KLEIN: Also, 6 Mr. President, I believe Senator Huntley has a 7 resolution at the desk. 8 I ask that the title be read and 9 give Senator Huntley the opportunity to speak 10 on her resolution. 11 ACTING PRESIDENT VALESKY: The 12 Secretary will read. 13 THE SECRETARY: By Senator 14 Huntley, Legislative Resolution Number 1628, 15 memorializing Governor David A. Paterson to 16 proclaim May 4, 2009, as Your Story Matters 17 Day in the State of New York. 18 ACTING PRESIDENT VALESKY: 19 Senator Huntley, on the resolution. 20 SENATOR HUNTLEY: Yes, 21 Mr. President. 22 The resolution to me was fitting 23 because a number of people who have had issues 24 with drugs, people who are fighting their way

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(518) 371-8910 1 back to society, I think they all deserve a 2 chance to do that. 3 I think this resolution gives them 4 what they need in order to become good 5 citizens, in order to maintain decent 6 employment, and to know that people care about 7 their issues. And as long as we do, perhaps 8 they will all come back into the American 9 dream kind of concept and move on to have 10 better lives. 11 So based on that, I would like to 12 just wish them well. And I think we all 13 should, because we talk about maintaining good 14 citizens in this country, people who are 15 viable, people who maintain good employment. 16 And all it does is make the country better. 17 And I commend them for their fight. 18 Thank you. 19 ACTING PRESIDENT VALESKY: Thank 20 you, Senator Huntley. 21 Are there any other Senators who 22 wish to be heard on the resolution? 23 Seeing none, the question is on the 24 resolution. All in favor signify by saying

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(518) 371-8910 1 aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT VALESKY: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT VALESKY: The 7 resolution is adopted. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, at 10 this time can we move to a reading of Senate 11 Calendar Number 40. 12 ACTING PRESIDENT VALESKY: The 13 Secretary will proceed with the reading of 14 Senate Calendar Number 40. 15 THE SECRETARY: Calendar Number 16 143, by Senator Savino, Senate Print 3445A, an 17 act to amend the Labor Law and the General 18 Business Law, in relation to the prompt 19 payment. 20 ACTING PRESIDENT VALESKY: 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, 23 can we lay Senator Savino's bill aside for the 24 day.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is laid aside for the day. 3 The Secretary will continue to 4 read. 5 THE SECRETARY: Calendar Number 6 156, by Senator Aubertine, Senate Print 3575, 7 an act to amend the Agriculture and Markets 8 Law, in relation to producer security. 9 ACTING PRESIDENT VALESKY: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT VALESKY: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 52. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 157, by Senator Aubertine, Senate Print 3576, 21 an act to amend the Agriculture and Markets 22 Law, in relation to notice of stated grape 23 prices. 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 THE SECRETARY: Ayes, 52. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 176, by Member of the Assembly Wright, 12 Assembly Print Number 1511, an act to amend 13 Chapter 912 of the Laws of 1920, relating to 14 allowing. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 2. 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, 53. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 177, by Senator Breslin, Senate Print 3628, an 3 act to amend the Insurance Law, in relation to 4 permitting. 5 ACTING PRESIDENT VALESKY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT VALESKY: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 53. 13 ACTING PRESIDENT VALESKY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 187, by Senator L. Krueger, Senate Print 1664, 17 an act to amend the Administrative Code of the 18 City of New York, in relation to adding civil 19 penalties. 20 ACTING PRESIDENT VALESKY: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect six months after it 24 shall have become a law.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 55. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 199, by Member of the Assembly Morelle, 9 Assembly Print Number 4692, an act to amend 10 the State Law, in relation to a state slogan. 11 ACTING PRESIDENT VALESKY: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT VALESKY: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT VALESKY: 19 Senator Serrano, to explain his vote. 20 SENATOR SERRANO: Thank you, 21 Mr. President. 22 I just want to thank my colleagues 23 for supporting this bill. I think many of you 24 figured that "I Love New York" already was the

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(518) 371-8910 1 official state slogan, but it actually wasn't. 2 So I think this bill is important 3 because it will codify the slogan "I Love 4 New York." It has no fiscal impact. But I 5 think the benefit of further branding "I Love 6 New York" is that it helps in our tourism 7 efforts, it helps on other issues that involve 8 having a state slogan. For instance, when we 9 had our state quarter, we didn't have a slogan 10 to put on it because we didn't have an 11 official state slogan. 12 But anyhow, I think that this is a 13 wonderful tourism tool, and I thank my 14 colleagues for supporting this legislation. 15 ACTING PRESIDENT VALESKY: 16 Senator Serrano to be recorded in the 17 affirmative. 18 Announce the results. 19 THE SECRETARY: Ayes, 56. Nays, 20 0. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 Senator Klein, that completes the 24 reading of Senate Calendar Number 40.

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(518) 371-8910 1 SENATOR KLEIN: Mr. President, is 2 there any further business at the desk? 3 ACTING PRESIDENT VALESKY: There 4 is none. 5 SENATOR KLEIN: There being none, 6 I move we adjourn until Monday, May 4th, at 7 5:00 p.m., intervening days being legislative 8 days. 9 ACTING PRESIDENT VALESKY: On a 10 motion by Senator Klein, the Senate stands 11 adjourned until Monday, May 4th, at 5:00 p.m., 12 intervening days being legislative days. 13 (Whereupon, at 11:30 a.m., the 14 Senate adjourned.) 15 16 17 18 19 20 21 22 23 24

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(518) 371-8910