Tuesday, May 5, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 5, 2009 11 3:23 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR ANDREA STEWART-COUSINS, 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 STEWART-COUSINS: 3 The Senate will please come to order. 4 I ask everyone present to 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 STEWART-COUSINS: 10 The invocation today will be delivered by the 11 Reverend Peter G. Young, of Mother Theresa 12 Community in Albany, New York. 13 REVEREND YOUNG: Thank you, 14 Senator. 15 As we have just saluted our flag 16 and honored our flag, let us remember that as 17 New Yorkers we saw the christening of the 18 American flag when the Stars and Stripes was 19 first flown in battle at the defense of 20 Fort Stanwix in Rome. 21 It's with great pride that we are 22 able to serve as Senators in this patriotic 23 tradition as the elected leaders to fulfill 24 Your call, O, God, of leadership to all of our

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(518) 371-8910 1 citizens in New York State. 2 Amen. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Thank you. 5 The reading of the Journal. 6 The Secretary will read. 7 THE SECRETARY: In Senate, 8 Monday, May 4th, the Senate met pursuant to 9 adjournment. The Journal of Sunday, May 3th, 10 was read and approved. On motion, Senate 11 adjourned. 12 ACTING PRESIDENT STEWART-COUSINS: 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: Madam President,

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(518) 371-8910 1 on behalf of Senator Sampson, I move that the 2 following bill be discharged from its 3 committees and be recommitted with 4 instructions to strike the enacting clause: 5 Senate Number 2976. Again, on behalf of 6 Senator Sampson. 7 ACTING PRESIDENT STEWART-COUSINS: 8 So ordered. 9 Senator Klein. 10 SENATOR KLEIN: Madam President, 11 may we at this time adopt the Resolution 12 Calendar in its entirety. 13 ACTING PRESIDENT STEWART-COUSINS: 14 All those in favor of adopting the Senate 15 Resolution Calendar in its entirety please 16 signify by saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT STEWART-COUSINS: 19 Opposed, nay. 20 (No response.) 21 ACTING PRESIDENT STEWART-COUSINS: 22 The Resolution Calendar is adopted in its 23 entirety. 24 Senator Klein.

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(518) 371-8910 1 SENATOR KLEIN: Madam President, 2 can we please recognize Senator Larkin, who 3 wishes to speak on an adopted resolution. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Can we have order in the chamber, please. 6 Senator Larkin. 7 SENATOR LARKIN: Thank you very 8 much, Madam President. 9 You know, the month of May has been 10 dedicated as Military Appreciation Month. And 11 I don't think there's a better time of the 12 year to take a good look at what the military 13 means. 14 First of all, it's been designated 15 by Congress. At least they all agreed -- it 16 was unanimous in both houses on both sides of 17 the aisle -- to make May Military Appreciation 18 Month. 19 But if you look at this, this is an 20 opportunity for us, a golden opportunity for 21 us to get our young people involved so that 22 they will know what the military is all about. 23 It isn't about watching TV on Sunday night or 24 Tuesday night and seeing caskets come home,

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(518) 371-8910 1 it's about what they stand for, what they mean 2 to us as a country. 3 You know, if you look at May, it's 4 VE Day in Europe. If you look at it, it's 5 Armed Forces Day, it's Loyalty Day, it's the 6 National Day of Prayer, and finally, it's 7 Memorial Day. The month honors all of our 8 brothers and sisters who served in the armed 9 forces and many who didn't come home. 10 As of the first of this month, 11 there was a recorded 1.8 million Americans 12 have received the Purple Heart, either 13 directly or posthumously, for being wounded or 14 killed in combat. There are 590 as of the 15 first of May still alive who have received 16 this award. 17 This is Military Appreciation 18 Month. And I think that everybody here in 19 this chamber, regardless of what you think 20 about war, what you think about those of us 21 who served in one, two, or three -- but what 22 those men and women that served with us did, 23 they did it for us, for us, for our future, 24 for our future generations.

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(518) 371-8910 1 And I think we have a due 2 responsibility to put out the word that this 3 is Military Appreciation Month and to 4 encourage all of our constituents to stand up 5 and proudly say "Thank you for your service to 6 our country." 7 ACTING PRESIDENT STEWART-COUSINS: 8 Thank you, Senator Larkin. 9 Senator Klein. 10 SENATOR KLEIN: Madam President, 11 can we at this time move to a reading of 12 Senate Calendar Number 42. 13 ACTING PRESIDENT STEWART-COUSINS: 14 First, Senator Klein, we'll be making some 15 substitutions. 16 The Secretary will read. 17 THE SECRETARY: On page 10, 18 Senator Espada moves to discharge, from the 19 Committee on Housing, Construction and 20 Community Development, Assembly Bill Number 21 5567A and substitute it for the identical 22 Senate Bill Number 2844A, Third Reading 23 Calendar 97. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Substitution ordered. 2 THE SECRETARY: On page 3 number 17, Senator Schneiderman moves to 4 discharge, from the Committee on Codes, 5 Assembly Bill Number 2006 and substitute it 6 for the identical Senate Bill Number 4306, 7 Third Reading Calendar 228. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Substitution ordered. 10 THE SECRETARY: On page 11 number 18, Senator Addabbo moves to discharge, 12 from the Committee on Elections, Assembly Bill 13 Number 1436 and substitute it for the 14 identical Senate Bill Number 4378, Third 15 Reading Calendar 236. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Substitution ordered. 18 THE SECRETARY: And on page 19 number 18, Senator Valesky moves to discharge, 20 from the Committee on Transportation, Assembly 21 Bill Number 1114 and substitute it for the 22 identical Senate Bill Number 2830, Third 23 Reading Calendar 240. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Substitution ordered. 2 Now, Madam Secretary, please 3 proceed with the reading of Calendar Number 4 42. 5 Senator Klein. 6 SENATOR KLEIN: Madam President, 7 before we move to a reading of the calendar, 8 can we go back to motions and resolutions. 9 Senator Thompson would like to 10 speak on a resolution that was already passed 11 by the Senate, Resolution 1815. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Certainly. 14 Senator Thompson. 15 SENATOR THOMPSON: Yes, Madam 16 President. First, thank you for the 17 opportunity just to say a few brief remarks 18 about a gentleman I've known for about six 19 years now. 20 Mike Doran attended the University 21 of Buffalo Law School, also started his own 22 practice as well, and then expanded that 23 practice in 1999. 24 Unfortunately, last week, on

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(518) 371-8910 1 April 28th, he was leaving Ohio. On his way 2 back, right after takeoff, his plane crashed. 3 And Mike was a great guy. He was a 4 trial lawyer from Western New York. He 5 actually lived in my colleague's district; 6 Senator Ranzenhofer is also a cosponsor of the 7 resolution. 8 And he really had a heart for the 9 people. A warm guy, traveled all over the 10 world doing different things. And he was 11 really, really committed to doing good legal 12 work and also good public service and 13 community service. He helped so many people. 14 So many folks turned out on Sunday, 15 they had two wake services, one from 2:00 to 16 4:00 and I think the other one was from 7:00 17 to 9:00. And it's my understanding from my 18 staff -- one of my staff members was pretty 19 close to him and his family, and I heard it 20 was pretty well attended there as well. 21 So my heart is heavy for them. And 22 Mike was a really nice, down-to-earth kind of 23 guy, and it's really unfortunate, really 24 unfortunate.

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(518) 371-8910 1 Thank you. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Thank you, Senator Thompson, for that 4 resolution. And certainly on behalf of the 5 Senate, our condolences are extended to the 6 family. 7 Senator Klein. 8 SENATOR KLEIN: Madam President, 9 may we at this time move to a reading of the 10 Senate Calendar Number 42. 11 ACTING PRESIDENT STEWART-COUSINS: 12 The Secretary will read. 13 THE SECRETARY: Calendar Number 14 154, Senate Print 3703A, by Senator Foley, an 15 act to amend the Banking Law, in relation to 16 the requirement for licensure to make mortgage 17 loans. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Read the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the same date as 22 Section 8 of Chapter 472 of the Laws of 2008 23 takes effect. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Call the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT STEWART-COUSINS: 4 Announce the results. 5 THE SECRETARY: 58-0. 6 ACTING PRESIDENT STEWART-COUSINS: 7 The bill is passed. 8 The Secretary will continue to 9 read. 10 THE SECRETARY: Calendar Number 11 172, Senate Print 3860, by Senator Espada, an 12 act to amend Chapter 253 of the Laws of 2004, 13 amending the Private Housing Finance Law 14 relating to rehabilitated multiple dwellings 15 acquired and reconveyed by the federal 16 government, in relation to extending the 17 effectiveness thereof. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Call the roll. 24 (The Secretary called the roll.)

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Announce the results. 3 THE SECRETARY: 58-0. 4 ACTING PRESIDENT STEWART-COUSINS: 5 The bill is passed. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 185, Senate Print 548, by Senator Breslin, an 9 act to amend the County Law, in relation to 10 establishing a wireless surcharge for Albany 11 County. 12 ACTING PRESIDENT STEWART-COUSINS: 13 There is a home-rule message at the desk. 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT STEWART-COUSINS: 21 Announce the results. 22 THE SECRETARY: 58-0. 23 ACTING PRESIDENT STEWART-COUSINS: 24 The bill is passed.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 189, Senate Print 3574, by Senator Aubertine, 4 an act to amend the Agriculture and Markets 5 Law, in relation to the State Fair Advisory 6 Board. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Read the last section. 9 THE SECRETARY: Section 13. This 10 act shall take effect on the 90th day after it 11 shall have become law. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT STEWART-COUSINS: 16 Announce the results. 17 THE SECRETARY: 59-0. 18 ACTING PRESIDENT STEWART-COUSINS: 19 The bill is passed. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 210, Assembly Print Number 1245A, by 23 Assemblymember Lancman, an act to amend the 24 Education Law, in relation to enacting the

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(518) 371-8910 1 "public schools emergency alert act." 2 ACTING PRESIDENT STEWART-COUSINS: 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Call the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT STEWART-COUSINS: 10 Announce the results. 11 THE SECRETARY: 59-0. 12 ACTING PRESIDENT STEWART-COUSINS: 13 The bill is passed. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 240, substituted earlier today by 17 Assemblymember Destito, Assembly Print Number 18 1114, an act to amend the Canal Law, in 19 relation to the method of abandonment for the 20 purposes of the canal system. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 30th day after it

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(518) 371-8910 1 shall have become law. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Senator Maziarz. 4 SENATOR MAZIARZ: To explain my 5 vote. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Senator Maziarz, to explain his vote. 8 SENATOR MAZIARZ: Thank you, 9 Madam President. 10 Yes, I just want to say that I'm 11 going to be voting in favor of this 12 legislation. I represent an area that 13 actually grew up on the Erie Canal, from 14 North Tonawanda all the way into the City of 15 Rochester, the area that I represent. 16 I think this is a very good bill. 17 There's been a lot of controversy and 18 consternation about the right-of-way along the 19 canal, and I think that this will really help 20 in the development of the area surrounding the 21 Erie Canal. 22 I think it's a very good bill, 23 Madam President. I vote in the affirmative. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Thank you, Senator. 2 Any other Senators wishing to 3 explain his or her vote? 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT STEWART-COUSINS: 7 Announce the results. 8 THE SECRETARY: 59-0. 9 ACTING PRESIDENT STEWART-COUSINS: 10 The bill is passed. 11 Senator Klein, that completes the 12 noncontroversial reading of the calendar. 13 SENATOR KLEIN: Madam President, 14 is there any further business at the desk? 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Klein, there is no further business at 17 the desk. 18 SENATOR KLEIN: Well, I have one 19 motion, Madam President. On page 9, I offer 20 the following amendments to Calendar 94, 21 Senate Print Number 1290, and ask that said 22 bill retain its place on the Third Reading 23 Calendar, on behalf of Senator Montgomery. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 So ordered. 2 The desk is clear, Senator Klein. 3 SENATOR KLEIN: There being no 4 further business, I move we adjourn until 5 Wednesday, May 6th, at 11:00 a.m. 6 ACTING PRESIDENT STEWART-COUSINS: 7 There being no further business to come before 8 the Senate, on motion, the Senate stands 9 adjourned until Wednesday, May 6th, at 10 11:00 a.m. 11 (Whereupon, at 3:37 p.m., the 12 Senate adjourned.) 13 14 15 16 17 18 19 20 21 22 23 24

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(518) 371-8910