Thursday, June 4, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 4, 2009 11 12:33 p.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 come to order. 4 I ask all to rise and repeat the 5 Pledge of Allegiance to the Flag. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT BRESLIN: The 9 invocation will be by Father Peter Young, of 10 Mother Teresa Church in Albany. 11 REVEREND YOUNG: Many years ago, 12 we listened to a Disney song: "It's A Small 13 World." And today's visit by our President to 14 the Mideast states that same concept of a 15 needed global understanding. 16 Today we gather here in this 17 chamber with a need to bring together all of 18 our New Yorkers. 19 God, by Your love, You made a world 20 where we have become neighbors to each other 21 and we are enabled to love one another. Grant 22 that we too may use the Senate to strive 23 toward a way of life in keeping with Your 24 plan, O God.

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(518) 371-8910 1 Amen. 2 ACTING PRESIDENT BRESLIN: Thank 3 you, Father Young. 4 The reading of the Journal. 5 The Secretary will read. 6 THE SECRETARY: In Senate, 7 Wednesday, June 3, the Senate met pursuant to 8 adjournment. The Journal of Tuesday, June 2, 9 was read and approved. On motion, Senate 10 adjourned. 11 ACTING PRESIDENT BRESLIN: 12 Without objection, the Journal stands approved 13 as read. 14 Presentation of petitions. 15 Messages from the Assembly. 16 Messages from the Governor. 17 Reports of standing committees. 18 Reports of select committees. 19 Communications and reports from 20 state officers. 21 Motions and resolutions. 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, 24 are there any substitutions at the desk?

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: Yes, 2 Senator Klein, there are. 3 The Secretary will read. 4 THE SECRETARY: On page 31, 5 Senator Bonacic moves to discharge, from the 6 Committee on Investigations and Government 7 Operations, Assembly Bill Number 3988 and 8 substitute it for the identical Senate Bill 9 Number 4848, Third Reading Calendar 321. 10 On page 40, Senator Breslin moves 11 to discharge, from the Committee on 12 Investigations and Government Operations, 13 Assembly Bill Number 6372 and substitute it 14 for the identical Senate Bill Number 2793, 15 Third Reading Calendar 432. 16 On page 47, Senator Breslin moves 17 to discharge, from the Committee on Insurance, 18 Assembly Bill Number 6843 and substitute it 19 for the identical Senate Bill Number 3554, 20 Third Reading Calendar 508. 21 On page 48, Senator Squadron moves 22 to discharge, from the Committee on Housing, 23 Construction and Community Development, 24 Assembly Bill Number 620 and substitute it for

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(518) 371-8910 1 the identical Senate Bill Number 4403, Third 2 Reading Calendar 515. 3 On page 48, Senator Huntley moves 4 to discharge, from the Committee on Crime 5 Victims, Crime and Correction, Assembly Bill 6 Number 606A and substitute it for the 7 identical Senate Bill Number 2072A, Third 8 Reading Calendar 517. 9 On page 48, Senator Montgomery 10 moves to discharge, from the Committee on 11 Crime Victims, Crime and Correction, Assembly 12 Bill Number 3766 and substitute it for the 13 identical Senate Bill Number 4793, Third 14 Reading Calendar 521. 15 ACTING PRESIDENT BRESLIN: 16 Substitutions ordered. 17 Senator Klein. 18 SENATOR KLEIN: Mr. President, I 19 have some motions. 20 The first, on behalf of myself, on 21 page 45 I offer the following amendments to 22 Calendar Number 490, Senate Print 2484A, and 23 ask that said bill retain its place on Third 24 Reading Calendar.

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: So 2 ordered. 3 SENATOR KLEIN: Mr. President, on 4 behalf of Senator Parker, on page 30 I offer 5 the following amendments to Calendar Number 6 296, Senate Print 3715, and ask that said bill 7 retain its place on Third Reading Calendar. 8 ACTING PRESIDENT BRESLIN: So 9 ordered. 10 SENATOR KLEIN: On behalf of 11 Senator Breslin, on page number 23 I offer the 12 following amendments to Calendar Number 178, 13 Senate Print 3635A, and ask that said bill 14 retain its place on Third Reading Calendar. 15 ACTING PRESIDENT BRESLIN: So 16 ordered. 17 SENATOR KLEIN: Mr. President, I 18 now move that we adopt the Resolution Calendar 19 in its entirety. 20 ACTING PRESIDENT BRESLIN: All in 21 favor of adopting the Resolution Calendar in 22 its entirety please signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT BRESLIN:

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(518) 371-8910 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT BRESLIN: The 4 Resolution Calendar is adopted. 5 Senator Klein. 6 SENATOR KLEIN: Mr. President, 7 can we please move to a reading of the 8 calendar. 9 ACTING PRESIDENT BRESLIN: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 119, by Senator Klein, Senate Print 1866, an 13 act to amend the Vehicle and Traffic Law, in 14 relation to residential parking. 15 ACTING PRESIDENT BRESLIN: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT BRESLIN: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT BRESLIN: There 23 is a home-rule message at the desk. 24 Announce the results.

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT BRESLIN: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 325, by Member of the Assembly Peralta, 6 Assembly Print Number 306 -- 7 SENATOR KLEIN: Lay the bill 8 aside for the day, please. 9 ACTING PRESIDENT BRESLIN: The 10 bill is laid aside for the day. 11 THE SECRETARY: Calendar Number 12 330, by Member of the Assembly Brodsky, 13 Assembly Print Number 5025, an act to amend 14 the Executive Law, in relation to consistency. 15 SENATOR KLEIN: Lay the bill 16 aside for the day. 17 ACTING PRESIDENT BRESLIN: The 18 bill is laid aside for the day. 19 THE SECRETARY: Calendar Number 20 370, by Senator Adams, Senate Print 3022, an 21 act to amend the Racing, Pari-Mutuel Wagering 22 and Breeding Law, in relation to authorizing. 23 SENATOR KLEIN: Could we lay the 24 bill aside for the day.

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: The 2 bill is laid aside for the day. 3 THE SECRETARY: Calendar Number 4 380, by Senator Savino, Senate Print 4223, an 5 act to amend the Executive Law, in relation to 6 designating. 7 ACTING PRESIDENT BRESLIN: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 30th day. 11 ACTING PRESIDENT BRESLIN: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT BRESLIN: 15 Senator Maziarz, to explain his vote. 16 SENATOR MAZIARZ: Thank you very 17 much, Mr. President. To explain my vote. 18 I know today is getaway day and 19 everybody is in a hurry, and I would never lay 20 this bill aside. It just shows you, though, 21 what my social life in Albany was like, I 22 actually read this stuff yesterday, last 23 night. 24 And I don't know what August the

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(518) 371-8910 1 20th is. I couldn't figure out why it was 2 August the 20th. I'm hoping against all hope 3 that it's Senator Marchi's birthday or 4 something like that, August the 20th. 5 But there is a very serious error 6 in your bill memo, Senator Savino. It says: 7 "Staten Island is also home to the most famous 8 boat ride in the world." Now, had it said one 9 of the most famous boat rides in the world, it 10 would not be an error. But everyone knows 11 that the most famous boat ride in the world is 12 the "Maid of the Mist" in Niagara Falls. 13 So with that correction on the 14 record, Mr. President, I will be voting in the 15 affirmative. Thank you. 16 ACTING PRESIDENT BRESLIN: Then 17 you will voting in the negative? 18 (Laughter.) 19 ACTING PRESIDENT BRESLIN: You 20 will be recorded as voting in the affirmative. 21 Announce the results. 22 SENATOR MAZIARZ: Excuse me, 23 Mr. President, before you do that. 24 And I would certainly invite both

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(518) 371-8910 1 Senator Lanza and Senator Savino to Niagara 2 Falls to take a ride on the "Maid of the Mist" 3 so that then they will know where the most 4 famous boat ride is in the world. 5 Thank you, Mr. President. 6 (Laughter.) 7 ACTING PRESIDENT BRESLIN: 8 Senator Savino to counteract and explain her 9 vote. 10 SENATOR SAVINO: Thank you, 11 Mr. President. 12 And on behalf of Senator Lanza, we 13 accept your invitation to come and ride the 14 "Maid of the Mist." I in fact have ridden on 15 the "Maid of the Mist," and it is quite 16 beautiful. But we still think our ferry boat 17 is a little bit more famous. 18 However, we will agree to disagree 19 on that. Thank you. 20 ACTING PRESIDENT BRESLIN: 21 Announce the results. 22 THE SECRETARY: Ayes, 60. Nays, 23 0. 24 ACTING PRESIDENT BRESLIN: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 396, by Senator L. Krueger, Senate Print 4960, 4 an act to amend the Election Law -- 5 SENATOR KLEIN: Lay it aside for 6 the day, please. 7 ACTING PRESIDENT BRESLIN: The 8 bill is laid aside for the day. 9 THE SECRETARY: Calendar Number 10 402, by Senator Dilan, Senate Print 5174, an 11 act to amend the Vehicle and Traffic Law, in 12 relation to emergency rule. 13 ACTING PRESIDENT BRESLIN: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT BRESLIN: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT BRESLIN: 21 Announce the results. 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT BRESLIN: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 403, by Senator Seward, Senate Print 2445, an 3 act to amend Chapter 443 of the Laws of 2007 4 amending the Tax Law. 5 ACTING PRESIDENT BRESLIN: There 6 is a home-rule message at the desk. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT BRESLIN: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT BRESLIN: 14 Announce the results. 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT BRESLIN: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 404, by Senator Libous, Senate Print 2803, an 20 act to amend the Tax Law, in relation to 21 extending. 22 ACTING PRESIDENT BRESLIN: There 23 is a home-rule message at the desk. 24 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT BRESLIN: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT BRESLIN: 7 Announce the results. 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT BRESLIN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 406, by Member of the Assembly Destito, 13 Assembly Print Number 1203 -- 14 SENATOR KLEIN: Lay the bill 15 aside for the day. 16 ACTING PRESIDENT BRESLIN: The 17 bill is laid aside for the day. 18 THE SECRETARY: Calendar Number 19 407, by Member of the Assembly Rosenthal, 20 Assembly Print Number 4544, an act to amend 21 the Arts and Cultural Affairs Law, in relation 22 to participation. 23 ACTING PRESIDENT BRESLIN: Read 24 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT BRESLIN: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT BRESLIN: 7 Announce the results. 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT BRESLIN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 412, by Senator C. Johnson, Senate Print 13 4235A, an act to amend the Tax Law, in 14 relation to extending the authorization. 15 ACTING PRESIDENT BRESLIN: There 16 is a home-rule message at the desk. 17 Read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT BRESLIN: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT BRESLIN: 24 Announce the results.

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT BRESLIN: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 413, by Senator C. Johnson -- 6 SENATOR KLEIN: Please lay the 7 bill aside for the day. 8 ACTING PRESIDENT BRESLIN: The 9 bill is laid aside for the day. 10 THE SECRETARY: Calendar Number 11 415, by the Senate Committee on Rules, Senate 12 Print Number 5476, an act to -- 13 SENATOR KLEIN: Lay the bill 14 aside for the day. 15 ACTING PRESIDENT BRESLIN: The 16 bill is laid aside for the day. 17 THE SECRETARY: Calendar Number 18 417, by Member of the Assembly John, Assembly 19 Print Number 7736, an act to -- 20 SENATOR KLEIN: Lay the bill 21 aside for the day. 22 ACTING PRESIDENT BRESLIN: The 23 bill is laid aside for the day. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 418, by Senator Parker, Senate Print 3713, an 2 act to amend the Public Service Law, in 3 relation to powers of municipalities. 4 ACTING PRESIDENT BRESLIN: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT BRESLIN: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT BRESLIN: 12 Announce the results. 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT BRESLIN: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 419, by Member of the Assembly -- 18 SENATOR KLEIN: Lay the bill 19 aside for the day. 20 ACTING PRESIDENT BRESLIN: The 21 bill is laid aside for the day. 22 THE SECRETARY: Calendar Number 23 431, by Member of the Assembly Abbate, 24 Assembly Print Number 2782, an act to amend

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(518) 371-8910 1 Chapter 929 of the Laws of 1986 amending the 2 Tax Law and others. 3 ACTING PRESIDENT BRESLIN: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT BRESLIN: Call 8 the roll. 9 (The Secretary called the roll.) 10 SENATOR LIBOUS: Lay it aside. 11 ACTING PRESIDENT BRESLIN: The 12 bill is laid aside. 13 THE SECRETARY: Calendar Number 14 432, substituted earlier today by Member of 15 the Assembly McEneny, Assembly Print Number 16 6372, an act to amend the Tax Law, in relation 17 to imposition. 18 ACTING PRESIDENT BRESLIN: There 19 is a home-rule message at the desk. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT BRESLIN: Call 24 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT BRESLIN: 3 Announce the results. 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT BRESLIN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 439, by Senator Duane -- 9 SENATOR KLEIN: Lay the bill 10 aside for the day. 11 ACTING PRESIDENT BRESLIN: The 12 bill is laid aside for the day. 13 THE SECRETARY: Calendar Number 14 441, by Member of the Assembly Sweeney, 15 Assembly Print Number 7894, an act to amend 16 Chapter 613 of the Laws of 2007, relating to 17 creating the New York State Sea Level Rise 18 Task Force. 19 ACTING PRESIDENT BRESLIN: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT BRESLIN: Call 24 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT BRESLIN: 3 Announce the results. 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT BRESLIN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 443, by Member of the Assembly Bacalles, 9 Assembly Print Number 7864, an act authorizing 10 the Chemung County/City of Elmira Regional 11 Civil Service Commission. 12 ACTING PRESIDENT BRESLIN: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT BRESLIN: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT BRESLIN: 20 Announce the results. 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT BRESLIN: The 23 bill is passed. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 444, by Senator Savino, Senate Print 3511, an 2 act to amend the Retirement and Social 3 Security Law, in relation to increasing. 4 ACTING PRESIDENT BRESLIN: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect June 30, 2009. 8 ACTING PRESIDENT BRESLIN: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT BRESLIN: 12 Announce the results. 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT BRESLIN: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 451, by Member of the Assembly Wright -- 18 SENATOR KLEIN: Lay the bill 19 aside for the day. 20 ACTING PRESIDENT BRESLIN: The 21 bill is laid aside for the day. 22 THE SECRETARY: Calendar Number 23 477, by Member of the Assembly Schimel, 24 Assembly Print Number 1356A, an act in

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(518) 371-8910 1 relation to legalizing, validating, ratifying 2 and confirming actions of the Port Washington 3 Union Free School District. 4 ACTING PRESIDENT BRESLIN: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT BRESLIN: Call 9 the roll. 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, 12 just one more correction. Can we lay Calendar 13 Number 431, Senator Savino's bill, aside for 14 the day. 15 ACTING PRESIDENT BRESLIN: We'll 16 get to it in just a second. 17 The Secretary will call the roll on 18 Calendar Number 477. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT BRESLIN: 21 Announce the results. 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT BRESLIN: The 24 bill is passed.

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(518) 371-8910 1 Calendar Number 431 will be laid 2 aside for the day. 3 Senator Klein, that completes the 4 reading of the noncontroversial calendar. 5 SENATOR KLEIN: Mr. President, 6 does Senator Ruth Hassell-Thompson have an 7 announcement to make? 8 ACTING PRESIDENT BRESLIN: 9 Senator Hassell-Thompson. 10 SENATOR HASSELL-THOMPSON: Thank 11 you, Mr. President. 12 Just to announce that immediately 13 following session there will be a Majority 14 conference in Room 332. 15 ACTING PRESIDENT BRESLIN: There 16 will be a meeting of the Majority Conference 17 in the Majority Conference Room immediately 18 following session today in Room 332. 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, is 21 there any further business at the desk? 22 ACTING PRESIDENT BRESLIN: 23 Senator Klein, the desk is clear. 24 SENATOR KLEIN: There being none,

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(518) 371-8910 1 I move that we adjourn until Monday, June 8th, 2 at 3:00 p.m., intervening days to be 3 legislative days. 4 ACTING PRESIDENT BRESLIN: There 5 being no further business to come before the 6 Senate, on motion, the Senate stands adjourned 7 until Monday, June 8th, at 3:00 p.m., 8 intervening days being legislative days. 9 (Whereupon, at 12:49 p.m., the 10 Senate adjourned.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24

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(518) 371-8910