Tuesday, February 2, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 2, 2010 11 3:45 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 repeat with 5 me the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT BRESLIN: The 9 invocation will be given by the Reverend Peter 10 G. Young, of Mother Theresa Community in 11 Albany, New York. 12 Father Young. 13 REVEREND YOUNG: Let us pray. 14 We're reminded in February of the 15 cupid shooting arrows of love. May we be 16 motivated to prioritize our love to one 17 another and to all of our constituents on this 18 Groundhog Day. 19 Doing the people's business with 20 love is what God has commanded. The bill of 21 God's love is on our calendar; now it is 22 asking for your vote of approval. God is 23 asking for your acceptance for the motion 24 direct to the Third Reading Calendar for

Candyco Transcription Service, Inc. 1 immediate passage. 2 Amen. 3 (Laughter.) 4 ACTING PRESIDENT BRESLIN: Thank 5 you, Father Young. 6 The reading of the Journal. 7 The Secretary will read. 8 THE SECRETARY: In Senate, 9 Monday, February 1, the Senate met pursuant to 10 adjournment. The Journal of Friday, 11 January 29, was read and approved. On motion, 12 Senate adjourned. 13 ACTING PRESIDENT BRESLIN: 14 Without objection, the Journal stands approved 15 as read. 16 Presentation of petitions. 17 Messages from the Assembly. 18 Messages from the Governor. 19 Reports of standing committees. 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, I 22 believe there's a report of the Finance 23 Committee at the desk. 24 ACTING PRESIDENT BRESLIN: The

Candyco Transcription Service, Inc. 1 Secretary will read. 2 THE SECRETARY: Senator Kruger, 3 from the Committee on Finance, reports the 4 following nominations. 5 As a member of the Board of 6 Trustees of the State University of New York, 7 Eunice A. Lewin, of Buffalo. 8 ACTING PRESIDENT BRESLIN: 9 Senator Kruger. 10 SENATOR CARL KRUGER: Please move 11 the nomination. 12 ACTING PRESIDENT BRESLIN: Are 13 there any Senators wishing to be heard on the 14 nomination? 15 Senator Stachowski. 16 SENATOR STACHOWSKI: Yes, 17 Mr. President, I stand to second the 18 nomination of Eunice Lewin. I think she's 19 going to be a great addition to the Board of 20 Trustees of the State University. 21 She is very involved in our 22 community. There's practically no charity 23 event you can go to that she's not there. 24 She's very, very committed to the University

Candyco Transcription Service, Inc. 1 of Buffalo. She also sees the value of having 2 Buff State in the City of Buffalo. 3 So I think with her love of higher 4 education, and particularly those institutions 5 that are right near us, that will give her a 6 great sense of purpose as being a new member 7 of the SUNY Board of Trustees. 8 And I might add that while she was 9 waiting, I kept telling her do we think they 10 sent her nomination to the Orient and it 11 finally got back here and that's why we're 12 confirming her today. 13 So it's my pleasure to second her 14 nomination. 15 ACTING PRESIDENT BRESLIN: Thank 16 you, Senator Stachowski. 17 Senator Maziarz. 18 SENATOR MAZIARZ: I'll defer to 19 Senator Volker, Mr. President. 20 ACTING PRESIDENT BRESLIN: 21 Senator Maziarz will defer to Senator Volker. 22 SENATOR VOLKER: Mr. President, I 23 just want to say that this nominee is a 24 long-time friend of mine. Her family, they

Candyco Transcription Service, Inc. 1 are distinguished citizens of the community in 2 the Buffalo area, fine contributors to the 3 cultural well-being of our city and our 4 county. 5 And there's no question in my mind 6 that Eunice will become a wonderful addition 7 to the SUNY Board of Trustees. And I 8 certainly congratulate her. 9 ACTING PRESIDENT BRESLIN: Thank 10 you, Senator Volker. 11 Senator Maziarz. 12 SENATOR MAZIARZ: Thank you very 13 much, Mr. President. 14 I too rise with my colleagues from 15 Western New York to second this excellent 16 nomination by Governor Paterson. I said in 17 the Higher Ed Committee that it's great to see 18 somebody, somebody from Western New York get 19 appointed to something. 20 And this is a great nomination. It 21 will be a great appointment. Eunice has 22 done -- as Senator Volker pointed out, and 23 Senator Stachowski -- a great deal, has been 24 very active in the community.

Candyco Transcription Service, Inc. 1 I've worked with Eunice as a member 2 of the Niagara Frontier Transportation 3 Authority. And even though she lives in 4 Buffalo and in Erie County, when it came to 5 Niagara County, she was always at the 6 forefront of helping us in Niagara County 7 establish a new transportation center for our 8 buses. And our new airport in Niagara Falls I 9 can say would not have happened without the 10 help and support of Eunice Lewin on the 11 Niagara Frontier Transportation Authority. 12 This is an excellent appointment by 13 the Governor, and she's going to do a great 14 job for the citizens of all of New York State. 15 ACTING PRESIDENT BRESLIN: Thank 16 you, Senator Maziarz. 17 Senator Thompson. 18 SENATOR THOMPSON: Good 19 afternoon. Mr. President, I want to just 20 thank you for the opportunity to say a few 21 brief remarks on behalf of this new appointee. 22 I am very humbled by the fact that 23 the Governor has supported this candidacy, her 24 candidacy. Ms. Lewin has given a lot in

Candyco Transcription Service, Inc. 1 public service and community service. I was 2 proud to support, when asked, her candidacy to 3 the Governor. And I know that she's going to 4 do a great job for Western New York and all of 5 New York State. 6 We wish you well, and let's make 7 sure that we take care of all of SUNY, 8 especially those in Western New York as well. 9 Thank you. We wish you well. And I'm proud 10 that she does live in my district, right by 11 the park that I run in all the time. And 12 hopefully I run enough that you'll see me out 13 there running from some of those dogs in the 14 park sometime. 15 Thank you. I wish you well. God 16 bless you. 17 ACTING PRESIDENT BRESLIN: Thank 18 you, Senator Thompson. 19 Are there any other Senators 20 wishing to be heard? 21 The question is then on the 22 nomination. All those in favor please signify 23 by saying aye. 24 (Response of "Aye.")

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT BRESLIN: The 5 motion carries. The nomination is confirmed. 6 Ms. Lewin, congratulations. 7 (Applause.) 8 ACTING PRESIDENT BRESLIN: The 9 Secretary will continue to read. 10 THE SECRETARY: As a member of 11 the Board of Trustees of Cornell University, 12 Sheryl WuDunn, of Scarsdale. 13 ACTING PRESIDENT BRESLIN: 14 Senator Kruger. 15 SENATOR CARL KRUGER: Please move 16 the nomination. 17 ACTING PRESIDENT BRESLIN: 18 Senator Kruger moves the nomination. 19 Are there any Senators wishing to 20 be heard? 21 The question is then on the 22 nomination. All those in favor please signify 23 by saying aye. 24 (Response of "Aye.")

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT BRESLIN: The 5 motion carries. The nomination is confirmed. 6 Congratulations. 7 (Applause.) 8 ACTING PRESIDENT BRESLIN: The 9 Secretary will continue to read. 10 THE SECRETARY: As a trustee of 11 the State University Construction Fund, David 12 E. Ourlicht, of New York City. 13 ACTING PRESIDENT BRESLIN: 14 Senator Kruger. 15 SENATOR CARL KRUGER: Please move 16 that nomination as well. 17 ACTING PRESIDENT BRESLIN: Any 18 other Senators wishing to be heard on the 19 nomination? 20 Senator Stavisky. 21 SENATOR STAVISKY: Yes. Thank 22 you, Mr. President. 23 We have three outstanding nominees 24 before the Senate today, and each brings a

Candyco Transcription Service, Inc. 1 different dimension to service in the higher 2 education system. 3 Eunice Lewin has been confirmed as 4 a SUNY trustee. She has two master's degrees 5 from SUNY Buffalo, and she has spent 30 years 6 working for the Buffalo Board of Education. 7 Sheryl WuDunn brings a different 8 perspective. She's a journalist, a foreign 9 correspondent, the coauthor of three books, 10 the most recent one, Half the Sky, which talks 11 about women in developing nations. She is a 12 former foreign correspondent for the New York 13 Times, and in fact has won the Pulitzer Prize, 14 the Polk, and the Overseas Press Club Awards. 15 And she brings a background in business as 16 well as reporting to Cornell's Board of 17 Trustees. 18 And David Ourlicht, for the SUNY 19 Construction Fund, is an investment banker. 20 He's senior vice president of Amalgamated 21 Bank. As I told him earlier, Amalgamated 22 Bank, the labor bank, many people, 23 particularly, in New York City used 24 Amalgamated Bank to purchase their cars and

Candyco Transcription Service, Inc. 1 their homes. It's an outstanding institution. 2 And I know that he will bring a financial 3 background as well to the Construction Fund. 4 So I'm delighted with these 5 nominations. I congratulate each individual. 6 They all came before the Higher Education 7 Committee this morning. And I think that 8 their service is going to be an exciting 9 experience not for them but for the people of 10 our state. 11 Thank you, Mr. President. 12 ACTING PRESIDENT BRESLIN: The 13 question is on the nomination of David E. 14 Ourlicht, of New York City, as trustee of the 15 State University Construction Fund. 16 All those in favor please signify 17 by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT BRESLIN: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT BRESLIN: The 23 motion carries. The nomination is confirmed. 24 And Mr. Ourlicht is joined today in

Candyco Transcription Service, Inc. 1 the chamber by his wife, Marybeth, and sons 2 David and Bart. 3 Congratulations. 4 (Applause.) 5 ACTING PRESIDENT BRESLIN: The 6 Secretary will read. 7 THE SECRETARY: As a member of 8 the Board of Trustees of the State University 9 of New York, Philip A. Berry, of New York 10 City. 11 As a member of the Board of 12 Trustees of the State University of New York 13 College of Environmental Science and Forestry, 14 Matthew J. Marko, of Syracuse. 15 As members of the Board of Visitors 16 of the New York State Home for Veterans and 17 Their Dependents at Montrose, Charlotte 18 Craven, of Poughkeepsie; Daniel Griffin, of 19 White Plains; and William T. Mahan, of 20 New City. 21 As a member of the Board of 22 Visitors of the New York State Home for 23 Veterans and Their Dependents at Oxford, John 24 DePersis, of Johnson City.

Candyco Transcription Service, Inc. 1 And as a member of the Board of 2 Visitors of the New York State Home for 3 Veterans and Their Dependents at St. Albans, 4 Marjorie Smith, of South Ozone Park. 5 ACTING PRESIDENT BRESLIN: 6 Senator Kruger. 7 SENATOR CARL KRUGER: Please move 8 those nominations. 9 ACTING PRESIDENT BRESLIN: Are 10 there any Senators wishing to be heard? 11 Senator Golden. 12 SENATOR GOLDEN: Thank you, 13 Mr. President. 14 I rise for all of these trustees 15 that have been named today and all of the 16 members of the New York State Home for 17 Veterans and Their Dependents at Montrose, 18 those for the New York State Home for Veterans 19 and Their Dependents at Oxford, and of course 20 the New York State Home for Veterans and Their 21 Dependents at St. Albans. 22 But most of all, for the trustees 23 here that have been named to our colleges -- 24 Philip Berry for his reappointment and David

Candyco Transcription Service, Inc. 1 Ourlicht for his new appointment as a trustee 2 to the State University Construction Fund. 3 In our audience today we have young 4 men up here from Xaverian High School who will 5 be graduating shortly and going on to many of 6 these schools that we have mentioned here 7 today. And it is our job to make sure that we 8 trust and put good trustees into these schools 9 so that these young men, these young leaders 10 of the future, get the education that they so 11 justly deserve. 12 So I commend all of our 13 appointments today, those particularly to the 14 City of New York and those from the University 15 of Buffalo, Cornell University, and the State 16 College of Environmental Science and Forestry. 17 Congratulations to them, to their families. 18 And thank you, Xaverian, for being 19 here and witnessing this good day. 20 Thank you. 21 ACTING PRESIDENT BRESLIN: The 22 question is on the nominations. All those in 23 favor please signify by saying aye. 24 (Response of "Aye.")

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT BRESLIN: The 5 motion carries. The nominations are 6 confirmed. 7 Congratulations. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, at 10 this time can we move to a reading of the 11 calendar. 12 ACTING PRESIDENT BRESLIN: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 8, by Senator Morahan, Senate Print 5323A, an 16 act to amend the Executive Law, in relation to 17 the designation of a "Thurgood Marshall Day" 18 as a day of commemoration. 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.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT BRESLIN: 3 Announce the results. 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT BRESLIN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 13, by Senator Schneiderman, Senate Print 9 4667 -- 10 SENATOR KLEIN: Lay the bill 11 aside for the day. 12 ACTING PRESIDENT BRESLIN: The 13 bill is laid aside for the day. 14 The Secretary will continue to 15 read. 16 THE SECRETARY: Calendar Number 17 23, by Senator Aubertine, Senate Print 5426, 18 an act to amend the Highway Law, in relation 19 to authorizing county highway superintendents. 20 ACTING PRESIDENT BRESLIN: Read 21 the last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect immediately. 24 ACTING PRESIDENT BRESLIN: Call

Candyco Transcription Service, Inc. 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT BRESLIN: 4 Announce the results. 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT BRESLIN: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 25, by Senator Aubertine, Senate Print -- 10 SENATOR KLEIN: Laid the bill 11 aside for the day. 12 ACTING PRESIDENT BRESLIN: The 13 bill is laid aside for the day. 14 THE SECRETARY: Calendar Number 15 26, by Senator Foley, Senate Print 6346, an 16 act to amend the Executive Law, in relation to 17 including. 18 ACTING PRESIDENT BRESLIN: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT BRESLIN: Call 23 the roll. 24 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Senator Foley, to explain his vote. 3 SENATOR FOLEY: Thank you, 4 Mr. President. 5 This particular initiative will 6 enable Lake Ronkonkoma, which is the largest 7 freshwater lake on Long Island, to be part of 8 the inland waterways, which will enable that 9 particular area to access crucial dollars in 10 order to revitalize that particular lakefront. 11 There's a great and long history to 12 this particular lake. It dates back, 13 obviously, to precolonial days and has been 14 one of the major geographic points on Long 15 Island, dating back to the time when three 16 different Indian tribes took claim to 17 different portions of the shoreline. 18 In recent years this area has been 19 somewhat in need of revitalization, and by 20 this designation it will make this particular 21 waterway eligible for crucial funds that will 22 enable this lake to return to its former 23 grandeur. 24 So this is very important. It has

Candyco Transcription Service, Inc. 1 received bipartisan support from the county 2 legislature, and I would hope that we do the 3 same here in the State Legislature. 4 Thank you. 5 ACTING PRESIDENT BRESLIN: Thank 6 you, Senator Foley. 7 Announce the results. 8 THE SECRETARY: Ayes, 61. Nays, 9 0. 10 ACTING PRESIDENT BRESLIN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 27, by Senator Thompson, Senate Print 4917, an 14 act to amend the Public Authorities Law, in 15 relation to creating. 16 ACTING PRESIDENT BRESLIN: Read 17 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.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT BRESLIN: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 35, by Senator DeFrancisco, Senate Print 764, 6 an act to amend the Insurance Law, in relation 7 to authorizing. 8 ACTING PRESIDENT BRESLIN: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first of January. 12 ACTING PRESIDENT BRESLIN: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT BRESLIN: 16 Announce the results. 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT BRESLIN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 37, by Senator Breslin, Senate Print 4767A, an 22 act to amend the Insurance Law, in relation to 23 approval. 24 ACTING PRESIDENT BRESLIN: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 60th day. 4 ACTING PRESIDENT BRESLIN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT BRESLIN: 8 Announce the results. 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT BRESLIN: The 11 bill is passed. 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, I 14 want to announce that there's going to be a 15 meeting of the Commerce, Economic Development 16 and Small Business Committee in Room 123 17 immediately following session. 18 ACTING PRESIDENT BRESLIN: There 19 will be an immediate meeting after session of 20 the Commerce, Economic Development and Small 21 Business Committee in Room 123 of the Capitol. 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, is 24 there any further business at the desk?

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: There 2 is no further business at the desk. 3 SENATOR KLEIN: There being none, 4 Mr. President, I move that we adjourn until 5 Monday, February 8th, at 3:00 p.m., 6 intervening days to be legislative days. 7 ACTING PRESIDENT BRESLIN: There 8 being no further business to come before the 9 Senate, on motion, the Senate stands adjourned 10 until Monday, February 8th, at 3:00 p.m., 11 intervening days being legislative days. 12 (Whereupon, at 4:02 p.m., the 13 Senate adjourned.) 14 15 16 17 18 19 20 21 22 23 24

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