Monday, February 1, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 1, 2010 11 3:39 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

Candyco Transcription Service, Inc. 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 all to rise and recite the 5 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 provided by the Rabbi 10 Yisroel Rubin, from the Chabad of the Capital 11 District, of Albany, New York. 12 RABBI RUBIN: The state of our 13 state has been described, the current economic 14 climate, as the winter of reckoning. But 15 economic crunch should not cast us into 16 despair or depression. 17 This weekend the Jewish calendar 18 noted Tu B'Shevat, the New Year for Trees, 19 which teaches us that despite outer cold and 20 bleak forecasts, new life stirs within the 21 trees, new energies flow toward future growth 22 and blossom. 23 Despite the winter cold and dread, 24 we pray for hope and optimism, looking forward

Candyco Transcription Service, Inc. 1 to the promise of spring. Prayers and 2 blessings alone do not solve fiscal problems, 3 but reflection offers us optimism and inner 4 strength to overcome challenge. 5 Almighty G-d, grant the members of 6 this Senate the wisdom to discuss and debate 7 how to best distribute resources in difficult 8 times to benefit all people of this great 9 state. 10 Amen. 11 ACTING PRESIDENT BRESLIN: Thank 12 you, Rabbi Rubin. 13 The reading of the Journal. 14 The Secretary will read. 15 THE SECRETARY: In Senate, 16 Friday, January 29, the Senate met pursuant to 17 adjournment. The Journal of Thursday, 18 January 28, was read and approved. On motion, 19 Senate adjourned. 20 ACTING PRESIDENT BRESLIN: 21 Without objection, the Journal stands approved 22 as read. 23 Presentation of petitions. 24 Messages from the Assembly.

Candyco Transcription Service, Inc. 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, on 9 behalf of Senator Aubertine, I move that the 10 following bills be discharged from their 11 respective committees and be recommitted with 12 instructions to strike the enacting clause: 13 Senate Number 6274A. 14 ACTING PRESIDENT BRESLIN: So 15 ordered. 16 Senator Klein. 17 SENATOR KLEIN: Mr. President, at 18 this time can we take up Senator Flanagan's 19 Resolution Number 3787, off today's Resolution 20 Calendar. I ask that the title of the 21 resolution be read and move for its immediate 22 adoption, and allow Senator Flanagan to speak 23 on his resolution. 24 ACTING PRESIDENT BRESLIN: The

Candyco Transcription Service, Inc. 1 Secretary will read. 2 THE SECRETARY: By Senator 3 Flanagan, Legislative Resolution Number 3787, 4 congratulating Gail L. King upon the occasion 5 of being crowned Ms. Senior America 2009. 6 ACTING PRESIDENT BRESLIN: 7 Senator Flanagan. 8 SENATOR FLANAGAN: Thank you, 9 Mr. President. 10 Very briefly on this resolution, I 11 had a chance today to meet someone that 12 everyone is kind of going, "Oh, this can't 13 really be true." This is a constituent of 14 mine, from Dix Hills out on Long Island in our 15 great State of New York. Her name is Gail 16 King, and I'm going to introduce her to all of 17 you as Ms. Senior America. And yes, I will 18 repeat that, Ms. Senior America, much to the 19 shock of many of my colleagues. 20 Gail had a very distinguished 21 career before she went on to win Ms. Senior 22 New York and then became Ms. Senior America. 23 She, like many people who enter and then 24 ultimately prevail in these pageants, has

Candyco Transcription Service, Inc. 1 become an ambassador for a lot of things 2 involving goodwill. She's been a strong 3 promoter of literacy, working with not only 4 grandparents but with young students. And she 5 had a distinguished 35-year career teaching in 6 the public schools. She was an English 7 teacher. 8 And yes, Senator Savino is 9 reminding me, she wears an absolutely lovely 10 tiara that many of the people in here would 11 love to have. 12 But I just want to touch on one 13 thing. In part of her new career -- and I 14 think this is very cool -- she's had a chance 15 to be on TV shows and feature films, including 16 "Law and Order," "Royal Pains," "30 Rock," 17 "Life on Mars," "Extreme Forensics," "Soap," 18 "Four Back Yards," "Growing Seasons" and 19 "Something about the Morgans." 20 We all get to go to Albany every 21 week; she travels around the country and does 22 lots of fun stuff, but all with an eye towards 23 doing good things in our communities, not only 24 here in New York but across the country.

Candyco Transcription Service, Inc. 1 So her reign will come to an end 2 this coming October, where she will pass on 3 her crown -- or her tiara, I should say. But, 4 Mr. President, if I could, I just want to 5 introduce Ms. Gail King to the body as 6 Ms. Senior New York and Ms. Senior America. 7 Thank you. 8 ACTING PRESIDENT VALESKY: Thank 9 you, Senator Flanagan. 10 Are there any other Senators who 11 wish to be heard on the resolution? 12 Seeing none, the question is on the 13 resolution. All in favor please signify by 14 saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT VALESKY: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT VALESKY: The 20 resolution is adopted. 21 Congratulations. 22 (Applause.) 23 ACTING PRESIDENT VALESKY: 24 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, at 2 this time can we take up Resolution Number 3 3810, off today's Resolution Calendar. I ask 4 that the title of the resolution be read and 5 move for its immediate adoption. 6 ACTING PRESIDENT VALESKY: The 7 Secretary will read. 8 THE SECRETARY: By Senator 9 Espada, Legislative Resolution Number 3810, 10 commending Community Health Care Association 11 of New York State for its enduring advocacy on 12 behalf of community health centers serving the 13 medically underserved throughout the City and 14 State of New York. 15 ACTING PRESIDENT VALESKY: The 16 question is on the resolution. All in favor 17 signify by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT VALESKY: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT VALESKY: The 23 resolution is adopted. 24 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, at 2 this time can we please move to a reading of 3 the calendar. 4 ACTING PRESIDENT VALESKY: The 5 Secretary will proceed with the reading of the 6 today's calendar. 7 Senator Klein, we do have one 8 substitution. If it would be all right if we 9 could take that up. 10 The Secretary will read. 11 THE SECRETARY: On page 9, 12 Senator Dilan moves to discharge, from the 13 Committee on Transportation, Assembly Bill 14 Number 7137B and substitute it for the 15 identical Senate Bill Number 4480C, Third 16 Reading Calendar 15. 17 ACTING PRESIDENT VALESKY: 18 Substitution ordered. 19 The Secretary will read the bills 20 on today's calendar. 21 THE SECRETARY: Calendar Number 22 7, by Senator Savino, Senate Print 4223A, an 23 act to amend the Executive Law, in relation to 24 designating August 20th as a day of

Candyco Transcription Service, Inc. 1 commemoration to be known as Staten Island 2 Day. 3 ACTING PRESIDENT VALESKY: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the 30th day. 7 ACTING PRESIDENT VALESKY: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT VALESKY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 13, by Senator Schneiderman, Senate Print 15 4667 -- 16 SENATOR KLEIN: Lay the bill 17 aside for the day, please. 18 ACTING PRESIDENT VALESKY: The 19 bill is laid aside for the day. 20 THE SECRETARY: Calendar Number 21 15, substituted earlier today by Member of the 22 Assembly Millman, Assembly Print Number 7137B, 23 an act to amend Chapter 549 of the Laws of 24 1994, amending the Public Authorities Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 THE SECRETARY: Ayes, 59. Nays, 8 1. Senator Saland recorded in the negative. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 20, by Senator Stachowski, Senate Print 1941, 13 an act to amend the Executive Law and the Real 14 Property Tax Law, in relation to requiring. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect on the first of January. 19 ACTING PRESIDENT VALESKY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. Nays, 23 1. Senator Ranzenhofer recorded in the 24 negative.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 21, by Senator Volker, Senate Print 2660B, an 5 act to amend the Criminal Procedure Law, in 6 relation to authorizing defendants. 7 ACTING PRESIDENT VALESKY: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 90th day. 11 ACTING PRESIDENT VALESKY: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT VALESKY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 22, by Senator Klein, Senate Print 3377A, an 19 act to amend the General Business Law and the 20 Social Services Law, in relation to 21 irrevocable trust accounts. 22 ACTING PRESIDENT VALESKY: Read 23 the last section. 24 THE SECRETARY: Section 6. This

Candyco Transcription Service, Inc. 1 act shall take effect on the first of January. 2 ACTING PRESIDENT VALESKY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 25, by Senator Aubertine -- 10 SENATOR LIBOUS: Lay it aside, 11 please. 12 ACTING PRESIDENT VALESKY: The 13 bill is laid aside. 14 THE SECRETARY: Calendar Number 15 28, by Senator Perkins, Senate Print 11 -- 16 SENATOR KLEIN: Lay it aside for 17 the day. 18 ACTING PRESIDENT VALESKY: The 19 bill is laid aside for the day. 20 THE SECRETARY: Calendar Number 21 29, by Senator Thompson, Senate Print 1635, an 22 act to amend the -- 23 SENATOR KLEIN: Lay the bill 24 aside for the day, please.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 bill is laid aside for the day. 3 THE SECRETARY: Calendar Number 4 30, by Senator Schneiderman, Senate Print 5 4407, an act to amend the Environmental 6 Conservation Law, in relation to declaring a 7 policy. 8 SENATOR WINNER: Lay it aside. 9 ACTING PRESIDENT VALESKY: The 10 bill is laid aside. 11 THE SECRETARY: Calendar Number 12 31, by Senator Thompson, Senate Print 5642, an 13 act to amend the Environmental Conservation 14 Law, in relation to electronic filing. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 30th day. 19 ACTING PRESIDENT VALESKY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 32, by Senator Flanagan, Senate Print 3236, an 3 act to amend the Election Law, in relation to 4 publication. 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, 60. 13 ACTING PRESIDENT VALESKY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 33, by Senator L. Krueger -- 17 SENATOR LIBOUS: Lay it aside, 18 please. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside. 21 SENATOR KLEIN: Lay it aside for 22 the day, please. 23 ACTING PRESIDENT VALESKY: The 24 bill is laid aside for the day.

Candyco Transcription Service, Inc. 1 Senator Klein, that completes the 2 reading of the noncontroversial calendar. 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, 5 can we lay aside Senator Aubertine's bill, 6 Calendar Number 25, for the day. 7 ACTING PRESIDENT VALESKY: 8 Calendar Number 25 is laid aside for the day. 9 SENATOR KLEIN: As well as 10 Calendar Number 30, also for the day. 11 ACTING PRESIDENT VALESKY: 12 Calendar Number 30 is also laid aside for the 13 day. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, is 16 there any further business at the desk? 17 ACTING PRESIDENT VALESKY: The 18 desk is clear. 19 SENATOR KLEIN: There being none, 20 Mr. President, I move that we adjourn until 21 Tuesday, February 2nd, at 3:00 p.m. 22 ACTING PRESIDENT VALESKY: On 23 motion, the Senate stands adjourned until 24 Tuesday, February 2nd, at 3:00 p.m.

Candyco Transcription Service, Inc. 1 (Whereupon, at 3:55 p.m., the 2 Senate adjourned.) 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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