Monday, March 1, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 1, 2010 11 3:23 p.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 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT VALESKY: The 3 Senate will 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: Father 10 Peter G. Young, of Mother Theresa Community 11 here in Albany, is with us this afternoon to 12 offer an invocation. 13 REVEREND YOUNG: Thank you, 14 Senator. 15 Let us pray. 16 We know that in March our lion has 17 roared in, and therefore we in this chamber 18 today have the desire to make, make us share 19 in God's love and to aid in gentle kindness to 20 those who are weak, sick and unfortunate. In 21 their love for God, You have called us to show 22 mercy. 23 God, by Your love, You made a world 24 where we have become neighbors to each other 25 and we are enabled to love one another. Grant

Candyco Transcription Service, Inc. 1 that we too may use the Senate to strive 2 toward a way of life in keeping with God's 3 plan. 4 God has given us a marvelous 5 example of charity in the call to us to love 6 one another. Send down Your blessing on these 7 Senators who generously devote themselves 8 helping all of our New York State citizens. 9 Amen. 10 ACTING PRESIDENT VALESKY: The 11 reading of the Journal. 12 The Secretary will read. 13 THE SECRETARY: In Senate Sunday. 14 February 28, the Senate met pursuant to 15 adjournment. The Journal of Saturday, 16 February 27, was read and approved. On 17 motion, Senate adjourned. 18 ACTING PRESIDENT VALESKY: 19 Without objection, the Journal stands approved 20 as read. 21 Presentation of petitions. 22 Messages from the Assembly. 23 Messages from the Governor. 24 Reports of standing committees. 25 Reports of select committees.

Candyco Transcription Service, Inc. 1 Communications and reports from 2 state officers. 3 Motions and resolutions. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, on 6 behalf of Senator Montgomery, I move that the 7 following bills be discharged from their 8 respective committees and be recommitted with 9 instructions to strike the enacting clause: 10 Senate Number 1296. 11 ACTING PRESIDENT VALESKY: So 12 ordered. 13 SENATOR KLEIN: On behalf of 14 Senator Aubertine, I move to commit Senate 15 Number 6303, Calendar Number 104 on the order 16 of third reading, to the Committee on Codes. 17 ACTING PRESIDENT VALESKY: So 18 ordered. 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, 21 can you please recognize Senator Libous for a 22 motion. 23 ACTING PRESIDENT VALESKY: 24 Senator Libous. 25 SENATOR LIBOUS: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. Good to see you today, sir. 2 ACTING PRESIDENT VALESKY: Good 3 to see you, Senator. 4 SENATOR LIBOUS: On behalf of 5 Senator Marcellino, I move that the following 6 bill be discharged from its respective 7 committee and be recommitted with instructions 8 to strike the enacting clause. And that would 9 be Senate 6704, please. 10 ACTING PRESIDENT VALESKY: So 11 ordered. 12 SENATOR LIBOUS: Thank you. 13 ACTING PRESIDENT VALESKY: 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, 16 are there any substitutions at the desk? 17 ACTING PRESIDENT VALESKY: Yes, 18 we have substitutions. 19 The Secretary will proceed. 20 THE SECRETARY: On page 9, 21 Senator Golden moves to discharge, from the 22 Committee on Finance, Assembly Bill Number 23 4491 and substitute it for the identical 24 Senate Bill Number 2013, Third Reading 25 Calendar 48.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: 2 Substitution ordered. 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, I 5 believe Senator Sampson has a resolution at 6 the desk. I ask that the resolution be read 7 in its entirety and move for its immediate 8 adoption. 9 ACTING PRESIDENT VALESKY: Has 10 this resolution been deemed privileged and 11 submitted by the office of the Temporary 12 President? 13 SENATOR KLEIN: Yes, it has, 14 Mr. President. 15 ACTING PRESIDENT VALESKY: The 16 Secretary will read. 17 THE SECRETARY: By Senator 18 Sampson, legislative resolution congratulating 19 the United States Olympians, and particularly 20 the New Yorkers, who competed in the 2010 21 Vancouver Olympic Winter Games held 22 February 12-28, 2010. 23 "WHEREAS, The Olympic movement 24 follows from a set of core Olympic values: 25 The search for excellence, fair play, the joy

Candyco Transcription Service, Inc. 1 in effort, respect for others, and harmony 2 between body, mind, and will; and 3 "WHEREAS, The Olympic Games have 4 been a catalyst for peace, and more than 200 5 countries are represented in the Olympics, 6 with over 10,000 athletes competing; and 7 "WHEREAS, The young men and women 8 of the United States selected to participate 9 in the 2010 Vancouver Olympics have worked for 10 many years for this opportunity to honor our 11 nation through their dedication and 12 patriotism; and 13 "WHEREAS, The 2010 United States 14 Olympic team members have achieved great 15 success in their chosen sports and have served 16 as inspirational role models for the nation; 17 and 18 "WHEREAS, Lowell Bailey of Lake 19 Placid, New York, was chosen to represent the 20 United States in Biathlon; 21 Dustin Brown of New York, New York, 22 was chosen for the United States Hockey Team 23 and won a Silver Medal; 24 Tim Burke of Paul Smiths, New York, 25 was chosen to represent the United States in

Candyco Transcription Service, Inc. 1 Biathlon; 2 Ryan Callahan of Rochester, 3 New York, was chosen for the United States 4 Hockey Team and won a Silver Medal; 5 Annelies Cook of Lake Placid, 6 New York, was chosen to represent the United 7 States in Biathlon; 8 Julia Clukey of Lake Placid, 9 New York, was chosen to represent the United 10 States in the Luge; 11 Caitlin Compton of New York, 12 New York, was chosen to represent the United 13 States in Cross-Country Skiing; 14 John Daly of Smithtown, New York, 15 was chosen to represent the United States in 16 the Bobsled; 17 Bill Demong of Vermontville, 18 New York, was chosen to the represent the 19 United States in the Nordic Combined and won a 20 Gold Medal and a Silver Medal; 21 Matthew De Peters of Buffalo, 22 New York, was chosen to represent the United 23 States in Freestyle Skiing; 24 Peter Frenette of Saranac Lake, 25 New York, was chosen for the United States Ski

Candyco Transcription Service, Inc. 1 Jumping Team; 2 Mark Grimmette of Lake Placid, 3 New York, was chosen to represent the United 4 States in the Luge; 5 Erin Hamlin of Remsen, New York, 6 was chosen to represent the United States in 7 the Luge; 8 Anders Johnson of Plattsburgh, 9 New Yorker, was chosen to represent the United 10 States in Ski Jumping; 11 Haley Johnson of Lake Placid, 12 New York, was chosen to represent the 13 United States in the Biathlon; 14 Dan Joye of Carmel, New York, was 15 chosen to represent the United States in the 16 Luge; 17 Patrick Kane of Buffalo, New York, 18 was chosen for the United States Hockey Team 19 and won a Silver Medal; 20 Trevor Marsicano of Ballston Spa, 21 New York, was chosen to represent the United 22 States in Speed Skating; 23 Chris Mazdzer of Saranac Lake, 24 New York, was chosen to represent the United 25 States in the Luge;

Candyco Transcription Service, Inc. 1 Steve Mesler of Buffalo, New York, 2 was chosen to represent the United States in 3 the Bobsled and won a Gold Medal; 4 Ryan Miller of Buffalo, New York, 5 was chosen for the United States Hockey Team 6 and won a Silver Medal; 7 John Napier of Schenectady, 8 New York, was chosen to represent the 9 United States in the Bobsled; 10 Sara Studebaker of Lake Placid, 11 New York, was chosen to represent the 12 United States in the Biathlon; 13 Bengt Walden of Lake Placid, 14 New York, was chosen to represent the 15 United States in the Luge; 16 Andrew Weibrecht of Lake Placid, 17 New York, was chosen to represent the United 18 States in Alpine Skiing and won a Bronze 19 Medal; and 20 "WHEREAS, New York has been the 21 birthplace or home of hundreds of Olympians, 22 including more than 300 Olympic athletes born 23 in New York City; and 24 "WHEREAS, The year 2010 is the 30th 25 anniversary of New York's Olympics in Lake

Candyco Transcription Service, Inc. 1 Placid, site of the "Miracle on Ice"; and 2 "WHEREAS, The 1980 Olympics in 3 Lake Placid was the second time the Olympic 4 Winter Games were held in Lake Placid, 5 New York; now, therefore, be it 6 "RESOLVED, That this Legislative 7 Body pause in its deliberations to 8 congratulate the New Yorkers chosen to 9 represent the United States and the great 10 State of New York in the 2010 Winter Games in 11 Vancouver, British Columbia, Canada, and to 12 thank New York's young athletes for once again 13 showing this great Empire State's character, 14 diversity, energy and unbeatable human spirit 15 to the world; and be it further 16 "RESOLVED, That copies of this 17 resolution, suitably engrossed, be transmitted 18 to the aforementioned Olympians." 19 ACTING PRESIDENT VALESKY: 20 Senator Little, on the resolution. 21 SENATOR LITTLE: Thank you, 22 Mr. President. 23 Today I join all of my colleagues 24 as well as all New Yorkers in our pride with 25 our young men and women and how they achieved

Candyco Transcription Service, Inc. 1 and how they participated in our current 2 Winter Olympics which have just finished in 3 Vancouver. 4 As a representative of Lake Placid, 5 which is the winter sports capital of the 6 world, the home of the 1932 and the 1980 7 Olympics, I have a particular pride in having 8 had 12 of these athletes that are listed on 9 this resolution coming from my district, and a 10 great deal of pride as we had one Gold Medal 11 winner in Bill Demong, a 29-year-old from 12 Vermontville, Saranac Lake area, who won a 13 Gold Medal in this Olympics and also was 14 selected by his peers to carry the flag at the 15 final closing of the Olympics. 16 I also have a tremendous amount of 17 pride in the fact -- well, also, Bill Demong 18 won a Silver Medal with his teammates. And 19 Andrew Weibrecht, at 23, attending his first 20 Olympics, who received a Bronze Medal in the 21 Alpine ski racing. 22 So we are very pleased. In Lake 23 Placid, as you know, we have the only luge and 24 bobsled skeleton run in this part of the 25 country. We have one of the only ski jumping

Candyco Transcription Service, Inc. 1 facilities in this part of the country, as 2 well as several hockey rinks and skiing areas. 3 We also have a huge cross-country facility and 4 a biathlon track and facility. 5 So it's a pride of New York State 6 and our hope that again we will have an 7 Olympics in this part of the country, and 8 particularly in New York State, where 9 Lake Placid and the whole surrounding areas, 10 from Plattsburgh to Albany, would be able to 11 participate in it. 12 I thank you very much for the 13 resolution. And again, we congratulate all of 14 our athletes. And our particular pride in 15 those who achieved the ultimate goal of 16 winning an Olympic medal. 17 Thank you. 18 ACTING PRESIDENT VALESKY: Thank 19 you, Senator Little. 20 Are there any other Senators who 21 wish to be heard on the resolution? 22 The question is on the resolution. 23 All in favor signify by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT VALESKY:

Candyco Transcription Service, Inc. 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT VALESKY: The 4 resolution is adopted. 5 Senator Sampson has indicated he 6 would like to open this resolution up to the 7 entire body for cosponsorship. Anyone wishing 8 not to cosponsor the resolution should notify 9 the desk. 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, I 12 believe there's a resolution at the desk by 13 Senator Adams. I ask that the resolution be 14 read in its entirety and move for its 15 immediate adoption. 16 ACTING PRESIDENT VALESKY: 17 Senator Klein, has this resolution been deemed 18 privileged and submitted by the office of the 19 Temporary President? 20 SENATOR KLEIN: Yes, it has, 21 Mr. President. 22 ACTING PRESIDENT VALESKY: The 23 Secretary will read. 24 THE SECRETARY: By Senator Adams, 25 legislation resolution commemorating March 1,

Candyco Transcription Service, Inc. 1 2010, as Korean Independence Day. 2 "WHEREAS, It is the custom of this 3 Legislative Body to honor with great pleasure 4 and great pride the Korean-American community 5 of the State of New York upon the historic 6 occasion of the commemoration of March 1, 7 2010, as Korean Independence Day; and 8 "WHEREAS, a nationwide uprising on 9 March 1, 1919, in Korea was an outcry for 10 national survival in the face of intolerable 11 aggression, oppression, and plundering by the 12 Japanese colonists. An apparent sudden change 13 in the international situation in the wake of 14 World War I stimulated a group of Korean 15 leaders to launch an independence struggle 16 both at home and abroad; and 17 "WHEREAS, 33 nationalists who 18 formed the core of the Samil Movement convened 19 at Taehwagwan Restaurant in Seoul, Korea, to 20 read the Korean Declaration of Independence 21 that had been drawn up by the historian/writer 22 Choe Namseon and the poet/Buddhist monk 23 Manhae, also known as Han Yongun; and 24 "WHEREAS, The nationalists 25 initially planned to assemble at Tapgol Park

Candyco Transcription Service, Inc. 1 in downtown Seoul but decided on the more 2 private location out of fear that the 3 gathering might turn into a riot. The leaders 4 of the movement signed the document and sent a 5 copy to the Japanese Governor General; and 6 "WHEREAS, In the early 1950s, 7 thousands of Koreans fleeing from war, poverty 8 and desolation came to the United States 9 seeking opportunities; and 10 "WHEREAS, Korean-Americans, like 11 waves of immigrants that came to the United 12 States before them, have taken root and 13 thrived in the United States through strong 14 family ties, community support, and hard work; 15 and 16 "WHEREAS, The partnership of the 17 United States and South Korea helps maintain 18 peace and stability in the Asia-Pacific region 19 and provides economic benefits to the people 20 of both nations and the rest of the world; and 21 "WHEREAS, The contributions of 22 Korean-Americans to the United States include 23 the development of the first beating heart 24 operation for coronary artery disease, the 25 development of several varieties of the

Candyco Transcription Service, Inc. 1 nectarine, and achievements in engineering, 2 architecture, medicine, acting, singing, 3 sculpture and writing; and 4 "WHEREAS, The State of New York is 5 fortunate to have in its midst a substantial 6 number of citizens who trace their origins to 7 Korea; and 8 "WHEREAS, The unique beauty of 9 Korean culture, and the contribution of its 10 people to literature, the arts and sciences, 11 and to the economy are well-known and 12 well-appreciated around the world. The 13 contributions of Korean-Americans are 14 especially bountiful throughout the Empire 15 State and are distinguished by their 16 excellence; now, therefore, be it 17 "RESOLVED, That this Legislative 18 Body pause in its deliberations to commemorate 19 March 1, 2010, as Korean Independence Day; and 20 be it further 21 "RESOLVED, That copies of this 22 resolution, suitably engrossed, be transmitted 23 to the Brooklyn Korean Association, the 24 Korean-American Association of Greater 25 New York, Reverend Nam Su Kim, Adam Kim, and

Candyco Transcription Service, Inc. 1 Insik Hwang." 2 ACTING PRESIDENT VALESKY: 3 Senator Adams, on the resolution. 4 SENATOR ADAMS: Thank you, 5 Mr. President. 6 And I'm sure my colleague Senator 7 Stavisky wanted to also speak on this 8 resolution, but she's not here with us now. 9 Joining in the chamber with me is 10 Mr. Hwang, the former president of the 11 Brooklyn Korean-American Association, Mr. Kim, 12 who's the former president also of the 13 Brooklyn Korean-American Association, 14 Mr. Jung-Kibok, who's the representative of 15 the Korean-American Association of Greater New 16 York, and Mr. Adam Kim. 17 Last week we had the opportunity to 18 acknowledge men and women who were here in the 19 chamber from the Dominican Republic. And I 20 think that we give great acknowledgment to our 21 country each time we identify and uniquely 22 examine each string of the quilt of the 23 diversity of this country. 24 The Korean-Americans, when you look 25 at their history, you'll see a unique

Candyco Transcription Service, Inc. 1 identification with the history and 2 development of America. Their independence 3 movement day that we celebrate today, after 4 the tyrannical acts of Japan and some of the 5 abuse that they had to undergo, 33 6 nationalists sat down and read and signed 7 their declaration of independence. This is an 8 important document, just as the Declaration of 9 Independence is important for our country. 10 It is clear that when you look at 11 the pollen of freedom from the flowers of our 12 land has reached the soil of Korea and put the 13 flowers of hope there. They saw what we went 14 through through our independence struggle from 15 Britain and borrowed from that and united 16 around to have freedom also. 17 So it doesn't matter what part of 18 the globe or where we are, the desire to be 19 free, the desire to be independent and the 20 desire to have self-determination is 21 paramount. 22 And each time I talk about any 23 particular ethnic group or a particular group 24 from a different geographical area of the 25 globe, I always acknowledge those first

Candyco Transcription Service, Inc. 1 arrivals and how important it is that they too 2 love America and the spirit of America and the 3 contribution that the many Korean nationalists 4 and those Korean immigrants to America, how 5 they contribute to the greatness of this 6 country. 7 And nothing touched me more than 8 during the Haitian earthquake. Some of the 9 men and women who are here from the 10 Korean-American community immediately called 11 my office. Senator Parker and I, we have two 12 of the largest Haitian populations in the 13 state, and they raised thousands of dollars. 14 But they went one step further. They also 15 bought clothing for those who are in Haiti and 16 didn't have clothing, and raised food. 17 And during the various times of the 18 year, they use their businesses to give 19 clothing and coats to those who are in this 20 city and state that do not have coats during 21 the winter months. 22 So there's a continuous 23 contribution that they are making. And it 24 just adds to the fact and the reality that 25 what's great about this country is that we in

Candyco Transcription Service, Inc. 1 our diversity is something we can celebrate. 2 And I commend those men and women 3 from the Korean-American community and 4 continue to call on us the importance of 5 opening our borders and allowing all groups to 6 come in and contribute to what's great about 7 the United States of America. 8 So on this day, March 1, 2010, I 9 want to applaud the Korean community and the 10 Korean Independence Day movement and state 11 that we are glad to be a part of this great 12 country. 13 Thank you, Mr. President. 14 ACTING PRESIDENT VALESKY: Thank 15 you, Senator Adams. 16 Senator Craig Johnson, on the 17 resolution. 18 SENATOR CRAIG JOHNSON: Thank you 19 very much, Mr. President. 20 First I want to commend Senator 21 Adams for sponsoring this resolution. And I 22 too want to share in congratulating the 23 growing Korean-American community for this 24 resolution. 25 The history of Korean independence

Candyco Transcription Service, Inc. 1 is such an incredible one, especially when you 2 look and see the struggles that the 3 nationalists in Korea had to undergo with 4 respect to their dealings with imperial Japan. 5 And if you look at the history, especially in 6 the '30s and '40s during the Second World War, 7 and what Korean women had to suffer through at 8 the hands of the Imperial Japanese Army during 9 the Second World War, we must look on with 10 admiration to their independence. 11 The Korean-American community is a 12 growing community in Long Island and in 13 particular in my district. And in reading the 14 resolution, Senator Adams, I want to commend 15 you for one particular section which talks 16 about the fact that New York State is 17 fortunate to have in its midst a substantial 18 number of citizens who trace their origins to 19 Korea. 20 What many in this body maybe do not 21 realize is I can attest to that personally, as 22 my sister Karen is from South Korea. She was 23 born in Seoul, South Korea, in 1973, and my 24 family adopted her in 1974. And I've been 25 lucky to have such an incredible human being

Candyco Transcription Service, Inc. 1 in my life, as my sister has taught me so 2 much. 3 And so I want to echo what Senator 4 Adams has put forth in this resolution. The 5 Korean-American community contributes so much 6 to New York State in so many fields. And I 7 know they will continue to do so. 8 So I thank you, Senator Adams, for 9 recognizing this day. I congratulate the men 10 who are here today as representatives of the 11 Korean-American community, and I thank you for 12 your time. 13 Thank you, Mr. President. 14 ACTING PRESIDENT VALESKY: Thank 15 you, Senator Johnson. 16 Senator Larkin, on the resolution. 17 SENATOR LARKIN: Thank you, 18 Mr. President. 19 As someone who served in Korea in 20 combat in 1950 and '51, I feel that this is a 21 most important event of planning this to make 22 sure that we understand the culture of our two 23 countries, what was done. 24 Anybody who's ever seen the 25 photographs of what went on in 1950 when we

Candyco Transcription Service, Inc. 1 went to Korea, July the 15th, what happened at 2 Inchon and the blasting we took at Hoengsong 3 and Hungnam and at the Yalu. 4 I think that -- there's a national 5 magazine that I hope -- I'll wait for 6 Mr. Adams. 7 Mr. Adams, on the resolution being 8 dispatched, I think it's most appropriate that 9 a copy of this resolution be sent to the 10 Korean War Veterans Association of America. 11 It's a national organization authorized by 12 Congress, and it communicates between the 13 Korean community in America, the Korean 14 community in Korea, and members of the armed 15 forces that have served in Korea and how they 16 handle some of these issues. 17 Some of your guests here from Korea 18 know that we now have what we call a revisit 19 program, where those who served in combat in 20 Korea are taken back to Korea, with their 21 families, go to areas where they were and see 22 it. For me, I plan to go next year, if the 23 good Lord lets me. 24 I have three children that were 25 born in Korea. They're here, they're American

Candyco Transcription Service, Inc. 1 citizens now. One is a schoolteacher, another 2 is an investment planner, and the other one is 3 working here at St. Peter's in Albany and 4 enjoying life. 5 But the culture that we get from 6 you -- I will give you a copy of the magazine, 7 Senator Adams, and you will see the mutual 8 respect and cordiality between the communities 9 of Korea and those of Americans, talking about 10 what we did and where we did it and how we did 11 it and what was the complete cooperation in 12 those days. 13 I wouldn't want to go through it 14 again. But your country has a lot to offer to 15 a lot of people. 16 Thank you. 17 ACTING PRESIDENT VALESKY: Thank 18 you, Senator Larkin. 19 Senator Stavisky, on the 20 resolution. 21 SENATOR STAVISKY: Thank you, 22 Mr. President. 23 And I must say I am so proud to 24 represent thousands of Korean-Americans, 25 particularly in the Flushing community,

Candyco Transcription Service, Inc. 1 because they have contributed so much to the 2 everyday life, the political life, the 3 cultural life, the business community, the 4 life in the business community. 5 And yet I am proud to call them my 6 friends. They're not my what I call 7 hyphenated friends, they're not my 8 Korean-American friends, they're friends. 9 They're people whom I've known for many years. 10 And they have made such a significant 11 contribution to the life in both Queens and in 12 New York State. 13 They came to the United States over 14 a hundred years ago, and they have worked 15 hard, they obey the laws, they contribute to 16 society. They have large numbers of 17 organizations, the Korean American Association 18 being probably one of the most significant. 19 But there are so many groups. And they lend 20 their experience and their cultural experience 21 to what goes on in the city. 22 And as we gather today to celebrate 23 the Korean independence, it's particularly 24 appropriate because just two weeks we 25 celebrated the Asian Lunar New Year. And we

Candyco Transcription Service, Inc. 1 marched together through the streets of 2 Flushing to celebrate the Year of the Tiger. 3 So to my friends in the chamber and 4 to my constituents, may you have a very happy 5 and prosperous Year of the Tiger as we come 6 together to celebrate another day together, 7 that of Korean independence. 8 Thank you, Mr. President. 9 ACTING PRESIDENT VALESKY: Thank 10 you, Senator Stavisky. 11 Senator Padavan, on the resolution. 12 SENATOR PADAVAN: To you, 13 Mr. President, and Senator Adams, I say [in 14 Korean], which for those of you who don't know 15 what that means, is "thank you very much." 16 We thank those who are representing 17 the Korean community here today and the 18 thousands and thousands of Korean families 19 throughout my district and elsewhere who have 20 made a significant contribution to the quality 21 of life of our city, many parts of it. 22 Korean immigration began over a 23 hundred years ago when Koreans came to the 24 Island of Hawaii to work on the nascent 25 plantations that were being built for cane

Candyco Transcription Service, Inc. 1 sugar and pineapple. And then, of course, 2 they spread to the West Coast and became an 3 integral part of the fabric of many 4 communities throughout our country. 5 Our nations were bound together on 6 two momentous occasions. One, obviously, in 7 defeating the Japanese and freeing Korea from 8 that terrible, terrible yoke of bondage in 9 which they found themselves. And secondly, of 10 course, in defending South Korea against North 11 Korea and the Chinese. 12 There are two memorials in New York 13 City that relate to those conflicts. One of 14 them is in Battery Park, and the other is in 15 Kissena Park, in my district, which was 16 established and funded by myself and many 17 others, as well as the Korean community, 18 veterans of the Republic of Korea as well as 19 veterans from the United States. And it's a 20 beautiful monument surrounded by a park. And 21 on the inscription it tells us of the 22 sacrifices made by so many, both Koreans and 23 Americans, to keep that country free. 24 So we're delighted to join with my 25 colleagues to simply thank the Korean

Candyco Transcription Service, Inc. 1 community for all its contributions, both in 2 terms of business, in terms of the arts, 3 culture, and for their very, very deep 4 commitment to families. I probably have a 5 hundred Korean churches in my district of 6 every denomination. And when I go to them and 7 I visit them on various occasions, it's just 8 amazing to see how family-oriented they are 9 and how important that is to them as a 10 community. 11 So again, Mr. President, Senator 12 Adams, thank you very much for introducing 13 this resolution. 14 ACTING PRESIDENT VALESKY: Thank 15 you, Senator Padavan. 16 Are there any other Senators who 17 wish to be heard? 18 The question is on the resolution. 19 All in favor signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT VALESKY: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT VALESKY: The 25 resolution is adopted.

Candyco Transcription Service, Inc. 1 Senator Adams has indicated that he 2 would like to open the resolution to the 3 entire body for cosponsorship. Anyone not 4 wishing to cosponsor the resolution should 5 inform the desk. 6 A very sincere welcome to our 7 special guests today. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, at 10 this time I move to recall Senate Resolution 11 Number 3303, by Senator Fuschillo, which was 12 adopted on January 12th. I ask that the title 13 of the resolution be read and that Senator 14 Fuschillo be recognized to make some brief 15 remarks. 16 ACTING PRESIDENT VALESKY: The 17 Secretary will read. 18 THE SECRETARY: By Senator 19 Fuschillo, Legislative Resolution Number 3303, 20 mourning the death of Joseph R. Sugar, 21 distinguished citizen and devoted member of 22 his community. 23 ACTING PRESIDENT VALESKY: 24 Senator Fuschillo. 25 SENATOR FUSCHILLO: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. And thank you, Senator Klein. 2 Today is NYSSMA's advocacy day here 3 in the state, and I want to welcome all the 4 advocates for being here today. And it's only 5 fitting that I recognize a man by the name of 6 Joe Sugar. And his son Tom and wife Clara are 7 in the gallery, and I welcome you to Albany 8 once again. 9 Joe Sugar was Mr. Music. He 10 dedicated more than 50 years of his life in 11 the art of education and teaching and music in 12 our schools. But it was more than that. He 13 knew the importance of music as a way of life 14 for everybody. 15 Joe dedicated his entire life to 16 the advancement of music education. He was 17 the director of bands at Indiana University, 18 director of bands at Matawan High School, 19 director of bands at Bethpage High School, 20 director of bands at Hewlett High School and 21 director of music at Hewlett-Woodmere School 22 District, where his son Tom is now the 23 teacher. 24 And I understand, Tom, one of the 25 students told you that their parents knew the

Candyco Transcription Service, Inc. 1 real Mr. Sugar who was the teacher there long 2 before you. 3 You know, I, during my almost 12 4 years in the Senate, one year didn't make 5 NYSSMA's advocacy day celebration. And boy, 6 was I scolded by Joe Sugar. But when I went 7 back to my district, I was almost afraid to 8 see him one day out at an event. And he gave 9 it to me. You know: "Where were you?" And I 10 told him I was in session. Clara, it wasn't a 11 good enough excuse for him that I wasn't 12 there. 13 But at that moment, I saw his 14 compassion, his dedication, and his love for 15 music. His resume of teaching music 16 throughout this state is second to none. But 17 his love for people is really what took me. 18 And this year I'm going to miss him terribly. 19 And as I said, today is the 20 advocacy day for NYSSMA throughout the halls 21 of this chamber. But I'm proud that I found 22 out that it's been renamed after Joe Sugar. 23 And that's a great tribute to a man that 24 dedicated his entire life. 25 And, Clara, his legacy will go on

Candyco Transcription Service, Inc. 1 forever. So it's with deep sorrow that I rise 2 on the passing of your husband, but I'm proud 3 that I knew him. God bless you. 4 And thank you very much, 5 Mr. President. 6 ACTING PRESIDENT VALESKY: Thank 7 you, Senator Fuschillo. 8 Are there any other Senators who 9 wish to be heard? 10 As Senator Klein indicated, this 11 resolution was unanimously adopted on 12 January 12th. 13 Thank you very much for being with 14 us today. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, at 17 this time can we please move to a reading of 18 the calendar. 19 ACTING PRESIDENT VALESKY: The 20 Secretary will proceed with the reading of the 21 noncontroversial active list. 22 THE SECRETARY: Calendar Number 23 10, by Senator Savino, Senate Print 5481A, an 24 act to amend the Executive Law, in relation to 25 establishing Women's Equality Day.

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 called the roll.) 8 THE SECRETARY: Ayes, 57. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 33, by Senator L. -- 13 SENATOR KLEIN: Lay the bill 14 aside for the day. 15 ACTING PRESIDENT VALESKY: The 16 bill is laid aside for the day. 17 THE SECRETARY: Calendar Number 18 80, by Senator Adams, Senate Print 6352A, an 19 act to amend the Racing, Parimutuel Wagering 20 and Breeding Law, in relation to equine drug 21 testing. 22 ACTING PRESIDENT VALESKY: Read 23 the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 57. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 82, by Senator -- 9 SENATOR KLEIN: Lay the bill 10 aside for the day. 11 ACTING PRESIDENT VALESKY: The 12 bill is laid aside for the day. 13 THE SECRETARY: Calendar Number 14 86, by Senator Foley, Senate Print 5945, an 15 act to amend the Election Law, in relation to 16 authorizing registration records. 17 ACTING PRESIDENT VALESKY: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT VALESKY: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 57. 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 97, by Senator Squadron, Senate Print 3775C, 4 an act to amend the Alcoholic Beverage Control 5 Law, in relation to the siting of certain 6 premises. 7 ACTING PRESIDENT VALESKY: Read 8 the last section. 9 THE SECRETARY: Section 6. This 10 act shall take effect December 31, 2010. 11 ACTING PRESIDENT VALESKY: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 57. 15 ACTING PRESIDENT VALESKY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 103, by Senator Morahan, Senate Print 5328A, 19 an act to amend the Real Property Tax Law, in 20 relation to temporarily extending. 21 ACTING PRESIDENT VALESKY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT VALESKY: Call

Candyco Transcription Service, Inc. 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 57. 4 ACTING PRESIDENT VALESKY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 109, by Senator Foley, Senate Print 3703A, an 8 act to amend the Banking Law, in relation to 9 requirement. 10 ACTING PRESIDENT VALESKY: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the same date as 14 Section 8 of Chapter 472 of the Laws of 2008. 15 ACTING PRESIDENT VALESKY: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 57. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 117, by Member of the Assembly Rosenthal, 23 Assembly Print Number 8678A, an act to amend 24 the Education Law, in relation to requiring 25 licensure.

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 called the roll.) 8 THE SECRETARY: Ayes, 57. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 127, by Senator Sampson, Senate Print 5720, an 13 act to amend the Real Property Law, in 14 relation to online listing. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 4. 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, 57. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 130, by Senator Breslin, Senate Print 3554, an 2 act to amend the Insurance Law, in relation to 3 losses sustained. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 180th day. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 56. Nays, 12 1. Senator Marcellino recorded in the 13 negative. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 132, by Senator Sampson -- 18 SENATOR KLEIN: Lay the bill 19 aside for the day, please. 20 ACTING PRESIDENT VALESKY: The 21 bill is laid aside for the day. 22 THE SECRETARY: Calendar Number 23 135, by Senator Breslin, Senate Print 402, an 24 act to amend the Vehicle and Traffic Law, in 25 relation to special vehicle identification.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect on the 90th day. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 57. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 139, by Senator Stavisky, Senate Print 1538B, 13 an act to amend the Executive Law, in relation 14 to providing information. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect on the 180th day. 19 ACTING PRESIDENT VALESKY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 57. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 140, by Senator LaValle, Senate Print 2923, an 2 act to amend the Correction Law, in relation 3 to requiring. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 57. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 Senator Klein, that completes the 15 reading of the noncontroversial active list. 16 SENATOR KLEIN: Mr. President, at 17 this time can we please move to a reading of 18 the supplemental active list. 19 ACTING PRESIDENT VALESKY: The 20 Secretary will proceed with the reading of the 21 supplemental active list. 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, 24 are there any substitutions at the desk? 25 ACTING PRESIDENT VALESKY: There

Candyco Transcription Service, Inc. 1 is a substitution at the desk. 2 The Secretary will read. 3 THE SECRETARY: On page 13, 4 Senator Larkin moves to discharge, from the 5 Committee on Finance, Assembly Bill Number 6 1003A and substitute it for the identical 7 Senate Bill Number 638A, Third Reading 8 Calendar 111. 9 ACTING PRESIDENT VALESKY: 10 Substitution ordered. 11 The Secretary will now proceed with 12 the reading of the supplemental active list. 13 THE SECRETARY: Calendar Number 14 94, by Senator Fuschillo, Senate Print 5760A, 15 an act to authorize the First United Methodist 16 Church. 17 ACTING PRESIDENT VALESKY: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT VALESKY: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: In relation to 25 Calendar Number 94: Ayes, 55. Nays, 2.

Candyco Transcription Service, Inc. 1 Senators Bonacic and Larkin recorded in the 2 negative. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 101, by Senator Fuschillo, Senate Print 30, an 7 act to amend the Real Property Tax Law, in 8 relation to allowing. 9 ACTING PRESIDENT VALESKY: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 90th day. 13 ACTING PRESIDENT VALESKY: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 57. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 111, substituted earlier by Member of the 21 Assembly Gunther, Assembly Print Number 1003A, 22 an act to amend the Insurance Law. 23 ACTING PRESIDENT VALESKY: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect on the 120th day. 2 ACTING PRESIDENT VALESKY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 57. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 125, by Senator Nozzolio, Senate Print 3271, 10 an act to amend Chapter 219 of the Laws of 11 2002 amending the Judiciary Law. 12 ACTING PRESIDENT VALESKY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT VALESKY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 57. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 128, by Senator Volker -- 24 SENATOR VOLKER: Lay it aside for 25 the day, please.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 bill is laid aside for the day. 3 Senator Klein, that completes the 4 reading of the supplemental active list. 5 SENATOR KLEIN: Mr. President, on 6 behalf of Senator Smith, I hand up the 7 following committee notice and ask that it be 8 filed in the Journal. 9 ACTING PRESIDENT VALESKY: So 10 ordered. 11 Senator Klein. 12 SENATOR KLEIN: Also, 13 Mr. President, can you please recognize 14 Senator Ruth Hassell-Thompson at this time. 15 ACTING PRESIDENT VALESKY: 16 Senator Hassell-Thompson. 17 SENATOR HASSELL-THOMPSON: Thank 18 you, Mr. President. 19 There will be an immediate meeting 20 of the Majority in the Majority Conference 21 Room, Room 332, following this session. 22 ACTING PRESIDENT VALESKY: 23 Immediate meeting of the Senate Majority in 24 Room 332 immediately following session. 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Is there any 2 further business at the desk? 3 ACTING PRESIDENT VALESKY: The 4 desk is clear. 5 SENATOR KLEIN: There being no 6 further business, I move that we adjourn until 7 Tuesday, March 2nd, at 3:00 p.m. 8 ACTING PRESIDENT VALESKY: On 9 motion, there being no further business to 10 come before the Senate, the Senate stands 11 adjourned until Tuesday, March 2nd, at 12 3:00 p.m. 13 (Whereupon, at 4:06 p.m., the 14 Senate adjourned.) 15 16 17 18 19 20 21 22 23 24 25

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