Wednesday, March 3, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 3, 2010 11 11:47 a.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 please 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: In the 10 absence of clergy, may we bow our heads in a 11 moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT VALESKY: The 15 reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Tuesday, March 2, the Senate met pursuant to 19 adjournment. The Journal of Monday, March 1, 20 was read and approved. On motion, Senate 21 adjourned. 22 ACTING PRESIDENT VALESKY: 23 Without objection, the Journal stands approved 24 as read. 25 Presentation of petitions.

Candyco Transcription Service, Inc. 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, on 10 behalf of Senator Adams, I wish to call up 11 Senate Bill 6352A, recalled from the Assembly, 12 which is now at the desk. 13 ACTING PRESIDENT VALESKY: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 80, by Senator Adams, Senate Print 6352A, an 17 act to amend the Racing, Pari-Mutuel Wagering 18 and Breeding Law. 19 ACTING PRESIDENT VALESKY: 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, I 22 now move to reconsider the vote by which the 23 bill was passed and ask that the bill be 24 restored to the order of third reading. 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 Secretary will call the roll on 2 reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 56. 5 ACTING PRESIDENT VALESKY: 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, I 8 now move to discharge, from the Committee on 9 Finance, Assembly Print Number 9954 and 10 substitute it for the identical bill. 11 The Senate bill on first passage 12 was voted unanimously. I now move that the 13 substituted Assembly bill have its third 14 reading at this time. 15 ACTING PRESIDENT VALESKY: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 80, substituted earlier by Member of the 19 Assembly Pretlow, Assembly Print Number 9954, 20 an act to amend the Racing, Pari-Mutuel 21 Wagering and Breeding Law, in relation to 22 equine drug testing. 23 ACTING PRESIDENT VALESKY: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT VALESKY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 56. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, 10 are there any substitutions at the desk? 11 ACTING PRESIDENT VALESKY: Yes, 12 Senator, there are substitutions. 13 The Secretary will read. 14 THE SECRETARY: On page 11, 15 Senator Volker moves to discharge, from the 16 Committee on Civil Service and Pensions, 17 Assembly Bill Number 9925 and substitute it 18 for the identical Senate Bill Number 3038A, 19 Third Reading Calendar 61. 20 On page 12, Senator Thompson moves 21 to discharge, from the committee on 22 Environmental Conservation, Assembly Bill 23 Number 5765 and substitute it for the 24 identical Senate Bill Number 3777, Third 25 Reading Calendar 82.

Candyco Transcription Service, Inc. 1 On page 13, Senator Foley moves to 2 discharge, from the Committee on Banks, 3 Assembly Bill Number 9872 and substitute it 4 for the identical Senate Bill Number 6698, 5 Third Reading Calendar 110. 6 On page 17, Senator Addabbo moves 7 to discharge, from the Committee on Codes, 8 Assembly Bill Number 602 and substitute it for 9 the identical Senate Bill Number 6724, Third 10 Reading Calendar 156. 11 And on page 17, Senator Fuschillo 12 moves to discharge, from the Committee on 13 Health, Assembly Bill Number 5320A and 14 substitute it for the identical Senate Bill 15 Number 629A, Third Reading Calendar 164. 16 ACTING PRESIDENT VALESKY: 17 Substitutions ordered. 18 Senator Klein. 19 SENATOR KLEIN: Mr. President, at 20 this time I would like to recall Senate 21 Resolution Number 3331, which was previously 22 adopted on January 12th. 23 I ask that the resolution be read 24 in its entirety and give Senator Andrea 25 Stewart-Cousins the opportunity to speak on

Candyco Transcription Service, Inc. 1 her resolution. 2 ACTING PRESIDENT VALESKY: The 3 Secretary will read. 4 THE SECRETARY: By Senator 5 Stewart-Cousins, Legislative Resolution 6 Number 3331, mourning the death of Yonkers 7 Fire Department Firefighter Patrick Joyce, Jr. 8 "WHEREAS, A great state is only as 9 great as those individuals and their 10 organizations who perform exemplary service on 11 behalf of their community, and it is the 12 custom of this Legislative Body to pay tribute 13 to that outstanding service; and 14 "WHEREAS, Patrick Joyce, Jr., was 15 born in the Riverdale neighborhood of the 16 Bronx, New York, to a family that loved him 17 dearly, and in that tradition he built a life 18 and family in Eastchester, New York, with his 19 loving wife, Tara, and their daughters, 20 Isabella and Charlotte; and 21 "WHEREAS, A veteran firefighter of 22 16 years, Patrick Joyce, Jr., exhibited a 23 tremendous passion for his work and a love for 24 the community he served. He is remembered by 25 all for his kindness, professionalism, and

Candyco Transcription Service, Inc. 1 humor. And in addition to his duties as a 2 Yonkers firefighter, assigned to Rescue 1, he 3 was also an entrepreneur, the proprietor of 4 the Dunwoody Golf Course, and a visionary who 5 believed in a promising future for the City of 6 Yonkers and its waterfront; and 7 "WHEREAS, City of Yonkers 8 firefighter Patrick Joyce, Jr., heroically 9 gave his life in the line of duty while 10 fighting a fire on October 2, 2009; and 11 "WHEREAS, A loving and devoted 12 husband, father, son, brother, friend and 13 fellow firefighter, Patrick Joyce, Jr., is 14 survived by his parents, Patrick and Kathleen; 15 his wife, Tara; his daughters, Isabella and 16 Charlotte; his brother Martin and twin brother 17 Peter, sisters Deborah, Julianne, and Katie, 18 and many loving family members and dear 19 friends; and 20 "WHEREAS, Throughout his life, 21 Firefighter Patrick Joyce, Jr., touched so 22 many through his kindness and commitment to 23 public service. And in this time of such 24 loss, the entire community joins together to 25 memorialize his remarkable life and the

Candyco Transcription Service, Inc. 1 immense impact he had on everyone with whom he 2 came in contact; and 3 "WHEREAS, This Legislative Body 4 pauses to pay tribute to the immense sacrifice 5 that City of Yonkers Firefighter Patrick 6 Joyce, Jr., has made, and to honor this 7 sacrifice and offer comfort and prayers to his 8 family and many friends; and 9 "WHEREAS, The countless lives that 10 have been influenced by this remarkable man 11 will ensure his lasting legacy, and his 12 sacrifice will not be forgotten. Firefighter 13 Patrick Joyce, Jr., will prefer be honored and 14 his memory will always be cherished; now, 15 therefore, be it 16 "RESOLVED, That this Legislative 17 Body pause in its deliberations to mourn the 18 death of Yonkers Fire Department Firefighter 19 Patrick Joyce, Jr., whose memory will remain 20 in the hearts of all those who had the honor 21 of serving with him; and be it further 22 "RESOLVED, That copies of this 23 resolution, suitably engrossed, be transmitted 24 to the family of Firefighter Patrick Joyce, 25 Jr., and the Yonkers Fire Department."

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: 2 Senator Stewart-Cousins, on the resolution. 3 SENATOR STEWART-COUSINS: Thank 4 you, Mr. President. 5 I look up and look at the family, 6 and we heard the very, very tragic story of 7 how Patrick Joyce, in the line of duty, 8 sacrificed his life for others. 9 And the resolution makes us all 10 very, very sad because we understand what a 11 tremendous loss such as this one means -- not 12 only to the family, but to the entire 13 community. We know that when we send people 14 out to protect us, there's always that 15 possibility that they may not return. But 16 most of us never really think of it until a 17 day like this, like the one we experienced on 18 October 2, 2009. 19 When this 39-year-old firefighter 20 plunged to his death when he tried to rescue 21 people he thought were in a house, the whole 22 community stopped and the whole community 23 embraced the family that you see up above us. 24 And while we mourned, the only 25 thing we heard were the stories of "the Irish

Candyco Transcription Service, Inc. 1 Prince," Patrick Joyce. And as much as we 2 were sorrowful when we heard how every moment 3 of his life -- not only on the job, but every 4 moment of his life -- was dedicated to the 5 support of his beautiful wife, Tara, and the 6 children, Isabella and Charlotte, and his mom 7 and dad, who are with us, Patrick and 8 Kathleen, and all of his brothers and sisters, 9 sister-in-laws, nieces, everyone. 10 And then it extended even beyond 11 that. He was an entrepreneur. He was a man 12 who was making lives better on every level. 13 And any time anybody needed something fixed in 14 the family, it was Patrick who would come to 15 do that. There was never a moment that he 16 wasn't giving. 17 And when that fateful day happened, 18 there was no end to what the outpouring of an 19 entire community gave back to that family. 20 And so from Riverdale, where he was born, all 21 the way through Westchester County, thousands 22 of people came to embrace the Joyces because 23 of the legacy of Patrick. 24 And although we were not in session 25 during that tragic period, in January this

Candyco Transcription Service, Inc. 1 body passed a resolution. But we didn't want 2 to pass it without inviting you to be part of 3 it -- and in a time where, yes, we can 4 celebrate his life and give respect to the 5 fact that there was a loss, but also let you 6 know that the family extends far beyond the 7 boundaries you could ever imagine. That the 8 family is a New York State family, and that 9 his legacy, represented by you, is something 10 that we all cherish. And that what he did is 11 representative of so many who every day go out 12 and we all hope return safely but know they're 13 there to do a job for us. 14 So as we give you this tribute and 15 this resolution, it is also not just a 16 mourning but a celebration of his life, and 17 gratitude for all that you've given to us in 18 your strength, your dignity, in your joy in 19 spite of it all, and your willingness to be 20 here to show us that we do go on, we do move 21 on, and we celebrate even new life in the 22 person of Leila, who's there with us who's 23 only one week old. 24 Thank you so much. God bless you. 25 Thank you.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Thank 2 you, Senator Stewart-Cousins. 3 SENATOR STEWART-COUSINS: And of 4 course I would open the resolution to the 5 entire body. 6 ACTING PRESIDENT VALESKY: Thank 7 you, Senator Stewart-Cousins. 8 Senator Klein, on the resolution. 9 SENATOR KLEIN: Thank you, 10 Mr. President. 11 I want to thank my colleague 12 Senator Andrea Stewart-Cousins for bringing 13 this resolution before us today. 14 It's unfortunate that the only 15 time, in many cases, we celebrate the life of 16 a brave firefighter like Patrick Joyce is upon 17 his death. And I know this is a man who 18 dedicated his life to the Yonkers Fire 19 Department for 16 years, dedicated his life to 20 his family and his community. And it's 21 unfortunate that we're only talking about it 22 now. 23 But at the same time, I think it is 24 worth mentioning that he's someone who touched 25 many, many lives, not only his job in the

Candyco Transcription Service, Inc. 1 Yonkers Fire Department, but his family and 2 friends. 3 He grew up in the Riverdale section 4 of the Bronx, he lived his life with his 5 wonderful family in the Town of Eastchester, 6 in Westchester County, which I represent. 7 And I wish there was something more 8 that we can do in this legislative session. I 9 wish there was a way we can do more for his 10 family, his lovely wife, his mother and 11 father, his children. But unfortunately, we 12 can't. But what we can do is recognize his 13 memory, recognize all he did for his community 14 and his country. 15 And I know he's looking down at us 16 today with a smile, not only because he's 17 being recognized -- which I don't think he 18 would care about that, because he got up every 19 day and he did a job because he had to do that 20 job -- but I think he would smile because his 21 family is all here today. And I know it's a 22 family he loved very, very much. 23 So thank you, Andrea 24 Stewart-Cousins, for recognizing a very brave 25 firefighter, Patrick Joyce.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Thank 2 you, Senator Klein. 3 Are there any other Senators who 4 wish to be heard on the resolution? 5 At this time I would ask all 6 Senators in the chamber and guests, staff and 7 guests, to please rise and offer a moment of 8 silence to honor the memory of Yonkers 9 Firefighter Patrick Joyce, Jr. 10 (Whereupon, the assemblage 11 respected a moment of silence.) 12 ACTING PRESIDENT VALESKY: As 13 Senator Stewart-Cousins has indicated, the 14 resolution is open for cosponsorship. Anyone 15 wishing not to be a sponsor of the resolution 16 should notify the desk. 17 And the resolution was unanimously 18 adopted on January 12th. 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, at 21 this time can we please move to a reading of 22 the calendar. 23 ACTING PRESIDENT VALESKY: The 24 Secretary will proceed with a reading of the 25 active-list bills on Senate Calendar Number

Candyco Transcription Service, Inc. 1 15. 2 THE SECRETARY: Calendar Number 3 28, by Senator Perkins, Senate Print 1145C, an 4 act to amend the Environmental Conservation 5 Law, in relation to -- 6 SENATOR KLEIN: Lay the bill 7 aside for the day. 8 ACTING PRESIDENT VALESKY: The 9 bill is laid aside for the day. 10 THE SECRETARY: Calendar Number 11 83, by Senator Thompson, Senate Print -- 12 SENATOR KLEIN: Lay the bill 13 aside for the day. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside for the day. 16 THE SECRETARY: Calendar Number 17 100, by Senator Breslin, Senate Print 4116, an 18 act to amend the Insurance Law, in relation to 19 investments. 20 ACTING PRESIDENT VALESKY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT VALESKY: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 105, by Senator Aubertine, Senate Print 6318, 7 an act requiring the State Fire Prevention and 8 Building Code Council to implement. 9 ACTING PRESIDENT VALESKY: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT VALESKY: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 58. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 114, by Senator Adams, Senate Print 3815, an 21 act to amend the Military Law, in relation to 22 authorizing additional paid leave. 23 ACTING PRESIDENT VALESKY: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT VALESKY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 58. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 126, by Senator Sampson, Senate Print 3528A, 10 an act to amend the Estates, Powers and Trusts 11 Law, the General Obligations Law, and the 12 Mental Hygiene Law. 13 ACTING PRESIDENT VALESKY: Read 14 the last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect on the first of January 17 next succeeding. 18 ACTING PRESIDENT VALESKY: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 58. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 136, by Senator Dilan, Senate Print 3625, an

Candyco Transcription Service, Inc. 1 act to amend the Vehicle and Traffic Law, in 2 relation to retention. 3 ACTING PRESIDENT VALESKY: Read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the 90th day. 7 ACTING PRESIDENT VALESKY: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. 11 ACTING PRESIDENT VALESKY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 138, by Senator Foley, Senate Print 6459, an 15 act to amend the Highway Law, in relation to 16 designating. 17 ACTING PRESIDENT VALESKY: Read 18 the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect on the 30th day. 21 ACTING PRESIDENT VALESKY: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 142, by Senator -- 4 SENATOR KLEIN: Lay the bill 5 aside for the day, please. 6 ACTING PRESIDENT VALESKY: The 7 bill is laid aside for the day. 8 THE SECRETARY: Calendar Number 9 143, by Senator Stavisky, Senate Print 5857, 10 an act to amend the Workers' Compensation Law, 11 in relation to rule-making. 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, 58. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 145, by Senator Valesky, Senate Print 6268, an 24 act to repeal the closing paragraph of 25 Section 173 of the Agriculture and Markets

Candyco Transcription Service, Inc. 1 Law. 2 ACTING PRESIDENT VALESKY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT VALESKY: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 58. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 155, by Senator Duane -- 14 SENATOR KLEIN: Lay the bill 15 aside for the day, please. 16 ACTING PRESIDENT VALESKY: The 17 bill is laid aside for the day. 18 THE SECRETARY: Calendar Number 19 159, by Senator Aubertine, Senate Print 4844, 20 an act to amend the State Finance Law, in 21 relation to reducing. 22 ACTING PRESIDENT VALESKY: Read 23 the last section. 24 THE SECRETARY: Section 5. This 25 act shall take effect on the 30th day.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 162, by Senator Klein, Senate Print 5841A, an 9 act authorizing the Commissioner of General 10 Services to sell certain land. 11 ACTING PRESIDENT VALESKY: Read 12 the last section. 13 THE SECRETARY: Section 5. This 14 act shall take effect immediately. 15 ACTING PRESIDENT VALESKY: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 58. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 169, by Senator Valesky, Senate Print 5722, an 23 act to amend the Vehicle and Traffic Law, in 24 relation to excluding. 25 ACTING PRESIDENT VALESKY: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT VALESKY: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 58. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 172, by Senator -- 12 SENATOR KLEIN: Lay the bill 13 aside for the day. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside for the day. 16 THE SECRETARY: Calendar Number 17 174, by Senator Squadron, Senate Print 5577 -- 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 Senator Klein, that completes the 23 noncontroversial reading of the bills on 24 today's active list. 25 SENATOR KLEIN: Mr. President,

Candyco Transcription Service, Inc. 1 can you please recognize Senator Foley 2 regarding a previously passed bill, Senate 3 Bill Number 6459. 4 ACTING PRESIDENT VALESKY: 5 Senator Foley, to explain his vote. 6 SENATOR FOLEY: Thank you, 7 Mr. President. 8 It's indeed an honor today to 9 sponsor this legislation that renames a 10 portion of the state highway system as 11 "Corporal Paulo Marko Pacificador Memorial 12 Bridge." 13 Corporal Pacificador Memorial 14 Bridge is located on the William Floyd Parkway 15 passing over Route 127 in Shirley. It will be 16 an homage to Corporal Pacificador, who served 17 our country with great courage and bravery. 18 On August 13, 2007, Corporal 19 Pacificador was killed in hostilities in Iraq. 20 He was just 24 years of age. Posthumously, he 21 was awarded the Bronze Star and the Purple 22 Heart for his valor and sacrifice to our 23 country. 24 He is survived by his fine parents 25 Mr. and Mrs. Jose Pacificador, of Shirley.

Candyco Transcription Service, Inc. 1 While I was supervisor, I had the distinct 2 honor to visit their home to speak with them 3 about their loss. 4 Nothing, obviously, that we do 5 today will bring Corporal Pacificador back in 6 our lives, and no tribute will ever come close 7 to repaying the great debt that our nation 8 owes to Corporal Pacificador and all those who 9 have paid the ultimate sacrifice to protect 10 the United States. However, memorializing 11 this bridge is one way that we can express our 12 appreciation for his service and a promise 13 that we'll never, never forget that the 14 service of Corporal Pacificador will always be 15 remembered by all of our constituents and 16 residents of New York State. 17 We're grateful for his service. We 18 thank him for his years of service to our 19 country and to his family. And again, this 20 memorial bridge is one way that we can say 21 thank you to his family. And they'll have a 22 small token of relief in the fact that we in 23 New York State are highlighting his great 24 sacrifice and that every time we cross that 25 very busy bridge, it's to remember a very fine

Candyco Transcription Service, Inc. 1 citizen and son of our state. 2 Thank you, Mr. President. 3 ACTING PRESIDENT VALESKY: 4 Senator Foley to be recorded in the 5 affirmative. 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, 8 can we return to order of motions and 9 resolutions. 10 I believe Senator Sampson has a 11 resolution at the desk. I ask that the title 12 of the resolution be read and move for its 13 immediate adoption. 14 ACTING PRESIDENT VALESKY: 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, 17 can we please stand at ease. 18 ACTING PRESIDENT VALESKY: The 19 Senate will stand at ease. 20 (Whereupon, the Senate stood at 21 ease at 12:10 p.m.) 22 (Whereupon, the Senate reconvened 23 at 12:12 p.m.) 24 ACTING PRESIDENT VALESKY: 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, 2 can we return to the order of motions and 3 resolutions. I believe Senator Sampson has a 4 resolution at the desk. I ask that the title 5 of the resolution be read and move for its 6 immediate adoption. 7 ACTING PRESIDENT VALESKY: 8 Senator Klein, has this resolution been deemed 9 privileged and submitted by the office of the 10 Temporary President? 11 SENATOR KLEIN: Yes, it has, 12 Mr. President. 13 ACTING PRESIDENT VALESKY: The 14 Secretary will read. 15 THE SECRETARY: By Senator 16 Sampson, concurrent resolution establishing a 17 plan setting forth an itemized list of 18 grantees for a certain appropriation for the 19 2009-2010 state fiscal year for grants that 20 are incurred by local government agencies 21 and/or not-for-profit providers or their 22 employees providing civil or criminal legal 23 services; for grants in aid for drug, violence 24 and crime control and prevention programs; and 25 for grants that prevent domestic violence or

Candyco Transcription Service, Inc. 1 aid victims of domestic violence, as required 2 by subdivision 5 of Section 24 of the State 3 Finance Law. 4 ACTING PRESIDENT VALESKY: 5 Senator Bonacic, on the resolution. 6 SENATOR BONACIC: Thank you, 7 Mr. President. 8 I'm going to stand in opposition to 9 this resolution for two reasons. 10 I believe in the fall of last year 11 this resolution was addressed, and a majority 12 of the members here supported the resolution, 13 including myself. But things have changed 14 from the fall of last year to now, in terms of 15 our fiscal crisis, in terms of how we've got 16 to prioritize state spending. And I do 17 believe that there are more important things 18 that we can spend this money on than those 19 itemized in this resolution. 20 The second reason I stand and 21 oppose this resolution is because, according 22 to our new rules, which we adopted in January, 23 we said that state resources were going to be 24 distributed more fairly and equally to all of 25 the members throughout the State of New York.

Candyco Transcription Service, Inc. 1 And I think when you look at this resolution, 2 if we're going to spend the money, it's keyed 3 only to a handful. And that is contrary to 4 the spirit of the new rules that we adopted in 5 January of 2010. 6 For those two reasons, I'm going to 7 vote no. Thank you, Mr. President. And not 8 only on this bill -- this is the Byrne money, 9 and I understand the second resolution is on 10 bullet aid. And for the same reasons, I'm 11 going to vote no. 12 Thank you. 13 ACTING PRESIDENT VALESKY: Thank 14 you, Senator Bonacic. 15 Senator DeFrancisco, on the 16 resolution. 17 SENATOR DeFRANCISCO: Yes. It's 18 now March 3rd; it's been almost a month since 19 the Governor has presented us with his budget. 20 And to today there's been absolutely no 21 activity towards trying to resolve that budget 22 situation. 23 Even more concerning to me is that 24 there is a legislative law that says 10 days 25 after the budget is presented to us, there has

Candyco Transcription Service, Inc. 1 to be a determination, an announcement of 2 conference committees to openly discuss the 3 budget between the Assembly and the Senate and 4 also the composition of those committees and a 5 schedule for that activity, the open 6 discussions of budget components by members, 7 rank-and-file members. 8 You know, last year that was 9 totally ignored. Despite the promise that we 10 were going to have a new and improved reform 11 system, it was ignored. A budget came out out 12 of a private meeting between the three leaders 13 from New York City, and we had a yea or nay 14 vote on it. 15 This year I want to make it very 16 clear that at least the people on this side of 17 the aisle aren't going to tolerate that. And 18 this is an opportunity to vote no on this 19 particular part of a spending plan when we 20 haven't even started the procedure for an 21 open, honest debate about the various 22 components of what the budget should be like. 23 So we're starting today -- and I'm 24 sure you're going to hear this again -- we 25 need the conference committee law abided by.

Candyco Transcription Service, Inc. 1 We're not looking for reform, we're not 2 looking for change. We're looking for abiding 3 by the law as it exists that many of us in 4 this house on both sides of the aisle -- I 5 think everybody on both sides of the aisle 6 that were there when it was passed -- voted 7 for. 8 So I'm going to vote no on this 9 because it's a spending plan that's a segment 10 of our spending. And we shouldn't be spending 11 anything until we start the conference 12 committee meetings and see where the money has 13 to be cut and where we can restore various 14 things depending upon the revenues that are 15 available. 16 So I'm going to vote no on this 17 resolution. Thank you. 18 ACTING PRESIDENT VALESKY: Thank 19 you, Senator DeFrancisco. 20 The question is on the concurrent 21 resolution. The Secretary will call the roll. 22 (The Secretary called the roll.) 23 SENATOR MARCELLINO: 24 Mr. President, to explain my vote. 25 ACTING PRESIDENT VALESKY:

Candyco Transcription Service, Inc. 1 Senator Marcellino, to explain his vote. 2 SENATOR MARCELLINO: Yes, 3 Mr. President, I will be supporting these 4 resolutions. 5 But I would also like to add my 6 voice to what Senator DeFrancisco said 7 relative to the process of the conferences. 8 Today is the 10th [sic]; by law, revenues 9 should have been established, we should have a 10 number to deal with so that we know what we're 11 talking about relative to the budget. 12 Conference committees should be set up. I'm 13 looking forward to them, willing to 14 participate. And I'm hoping that the process 15 will be different this year than it was last 16 year so that we can have a truly bipartisan 17 budget and one that we can all get behind and 18 vote for. 19 I don't see the process occurring. 20 I think it's a mistake if we go forward and do 21 the same mistake and make the same mistake we 22 made last year. This is a time we could do 23 something different. We should be focused on 24 this budget. We're not, apparently; other 25 things are getting in the way.

Candyco Transcription Service, Inc. 1 I urge that we get down to business 2 and the business of the people, and that is 3 doing a budget on time. 4 Thank you, Mr. President. Again, 5 aye on the resolution. 6 ACTING PRESIDENT VALESKY: 7 Senator Marcellino to be recorded in the 8 affirmative. 9 Senator Krueger, to explain her 10 vote. 11 SENATOR LIZ KRUEGER: Thank you. 12 I rise to support this bill. 13 I don't disagree with my colleagues 14 who are raising concerns about process and 15 budget. I have any number of recommendations 16 I'm hoping that this house will support for 17 change in the process of the budget. 18 But the fact is we have debt 19 obligations, that we need to make sure the 20 state is on time with completing its 21 obligations to make sure that government 22 continues, that we continue to show to the 23 state, to the voters, and to the people who we 24 have borrowed money from in the past that we 25 are fully capable, prepared, and on time in

Candyco Transcription Service, Inc. 1 completing our obligations. 2 So I recommend a yes vote by all. 3 Thank you. 4 ACTING PRESIDENT VALESKY: 5 Senator Krueger to be recorded in the 6 affirmative. 7 The Secretary will announce the 8 results. 9 THE SECRETARY: Those recorded in 10 the negative are Senators Bonacic, 11 DeFrancisco, Farley, O. Johnson, Lanza, 12 Ranzenhofer, Robach, Saland and Winner. Also 13 Senator Libous. 14 Ayes, 49. Nays, 10. 15 ACTING PRESIDENT VALESKY: The 16 resolution is adopted. 17 Senator Klein. 18 SENATOR KLEIN: Mr. President, I 19 believe Senator Smith has a resolution at the 20 desk. I ask that the title of the resolution 21 be read and move for its immediate adoption. 22 ACTING PRESIDENT VALESKY: 23 Senator Klein, has this resolution been deemed 24 privileged and submitted by the office of the 25 Temporary President?

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Yes, it has, 2 Mr. President. 3 ACTING PRESIDENT VALESKY: The 4 Secretary will read. 5 THE SECRETARY: By Senator Smith, 6 concurrent resolution establishing a plan 7 setting forth an itemized list of grantees for 8 certain appropriations for the 2009-2010 state 9 fiscal year, as required by subdivision 5 of 10 Section 24 of the State Finance Law. 11 ACTING PRESIDENT VALESKY: 12 Senator DeFrancisco, on the resolution. 13 SENATOR DeFRANCISCO: Yes, I'm 14 going to vote no for the same reasons that I 15 stated in the last resolution. 16 But there's one other thing I'd 17 like to add in response to what Senator 18 Krueger mentioned, that she has many, many 19 different ideas on how to reform the system. 20 You know, we've been using that 21 term "reform" so very loosely, and it's almost 22 a cure-all, the end-all and the cure-all for 23 everything. The fact of the matter is the 24 budget system process was reformed. A bill 25 was passed requiring open committees to be

Candyco Transcription Service, Inc. 1 announced and scheduled 10 days after the 2 Governor provided us his Executive Budget. 3 We haven't done that. And we can't 4 complain that it's the Governor fault because 5 he's got all kinds of trouble and we've been 6 distracted in some way. It's the 7 Legislature's responsibility to do this. 8 So we can ask for all the reform we 9 want, but we reformed the system, it wasn't 10 followed, the law was violated last year. 11 Before we spend any more money, we've got to 12 get the process going the way it should be 13 going so a budget can be done in an open and 14 fair manner. 15 I'm going to vote no on this. 16 ACTING PRESIDENT VALESKY: Thank 17 you, Senator DeFrancisco. 18 The question is on the concurrent 19 resolution. The Secretary will call the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT VALESKY: 22 Announce the results. 23 THE SECRETARY: Those recorded in 24 the negative are Senators Bonacic, 25 DeFrancisco, Farley, O. Johnson, Lanza,

Candyco Transcription Service, Inc. 1 Libous, Little, Ranzenhofer, Robach, Saland 2 and Winner. 3 Ayes, 48. Nays, 11. 4 ACTING PRESIDENT VALESKY: The 5 resolution is adopted. 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, on 8 behalf of Senator Hassell-Thompson, there will 9 be an immediate conference of the Senate 10 Majority in the Majority Conference Room. 11 Would you please recognize Senator 12 Libous for his announcement. 13 ACTING PRESIDENT VALESKY: 14 Senator Libous. 15 SENATOR LIBOUS: Thank you, 16 Mr. President. 17 On behalf of Senator Skelos, we 18 hand up the following committee appointment to 19 be filed. 20 And there will be an immediate 21 Republican conference following session. 22 ACTING PRESIDENT VALESKY: 23 Immediate conferences of the Majority and the 24 Minority immediately following session. 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, is 2 there any further business at the desk? 3 ACTING PRESIDENT VALESKY: The 4 desk is clear. 5 SENATOR KLEIN: There being none, 6 Mr. President, I move that we adjourn until 7 Thursday, March 4th, at 11:00 a.m. 8 ACTING PRESIDENT VALESKY: On 9 motion, the Senate stands adjourned until 10 Thursday, March 4th, at 11:00 a.m. 11 (Whereupon, at 12:24 p.m., the 12 Senate adjourned.) 13 14 15 16 17 18 19 20 21 22 23 24 25

Candyco Transcription Service, Inc.