Gaveled in 11:32 AM · Albany, New York · 2009–10 session
1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 11, 2010 11 11:32 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 Wednesday, March 10, the Senate met pursuant 19 to adjournment. The Journal of Tuesday, 20 March 9, was read and approved. On motion, 21 Senate 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, I 10 believe Senator Maziarz has a resolution at 11 the desk. I ask that the title of the 12 resolution be read and move for its immediate 13 adoption. 14 ACTING PRESIDENT VALESKY: 15 Senator Klein, has this resolution been deemed 16 privileged and submitted by the office of the 17 Temporary President? 18 SENATOR KLEIN: Yes, 19 Mr. President. 20 ACTING PRESIDENT VALESKY: The 21 Secretary will read. 22 THE SECRETARY: By Senator 23 Maziarz, legislative resolution mourning the 24 untimely death of Specialist Alan N. Dikcis of 25 Wheatfield, New York, and paying tribute to
Candyco Transcription Service, Inc. 1 his courageous actions as a member of the 2 United States Army. 3 ACTING PRESIDENT VALESKY: The 4 question is on the resolution. All in favor 5 signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT VALESKY: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT VALESKY: The 11 resolution is adopted. 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, I 14 believe Senator Sampson has a resolution at 15 the desk. I ask that the title of the 16 resolution be read and move for its immediate 17 adoption. 18 ACTING PRESIDENT VALESKY: 19 Senator Klein, has this resolution been deemed 20 privileged and submitted by the office of the 21 Temporary President? 22 SENATOR KLEIN: Yes, it has, 23 Mr. President. 24 ACTING PRESIDENT VALESKY: The 25 Secretary will read.
Candyco Transcription Service, Inc. 1 THE SECRETARY: By Senator 2 Sampson, Senate resolution establishing a plan 3 setting forth an itemized list of grantees for 4 the New York State Economic Development 5 Assistance Program established pursuant to an 6 appropriation in the 2008-2009 state fiscal 7 year and in Part QQ of Chapter 57 of the Laws 8 of 2008. 9 ACTING PRESIDENT VALESKY: The 10 question is on the resolution. 11 The Secretary will call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 52. Nays, 14 1. Senator Ranzenhofer recorded in the 15 negative. 16 ACTING PRESIDENT VALESKY: The 17 resolution is adopted. 18 Senator Maziarz is recognized to 19 speak on the resolution that was previously 20 adopted. 21 SENATOR MAZIARZ: Thank you very 22 much, Mr. President and my colleagues. 23 I just want to rise to remember 24 Specialist Alan Dikcis of the town of 25 Wheatfield.
Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Excuse 2 me, Senator Maziarz. 3 If we could have some quiet in the 4 chamber and attention to Senator Maziarz's 5 comments in regard to a resolution 6 memorializing an individual who lost his life 7 in combat. 8 Senator Maziarz. 9 SENATOR MAZIARZ: Thank you very 10 much, Mr. President. 11 Again, I rise to recognize the 12 service and sacrifice of Specialist Alan N. 13 Dikcis of the town of Wheatfield, New York. 14 Just last week, at the age of 21 years, 15 Specialist Dikcis was killed in Afghanistan 16 while serving his country. 17 I spoke yesterday to his dad and to 18 his brother. And clearly, we have seen all 19 too often in this chamber, we have 20 memorialized the service and sacrifice of 21 young men and women like Alan Dikcis -- good 22 soldiers, good Americans, great citizens of 23 New York who have gone, when their country has 24 called, over to places of war representing 25 this great country and this great state.
Candyco Transcription Service, Inc. 1 Mr. President, I ask all my 2 colleagues to join me in this resolution 3 memorializing this very special New Yorker, 4 this very special son, this very special 5 brother, Alan Dikcis. 6 Thank you, Mr. President. 7 ACTING PRESIDENT VALESKY: Thank 8 you, Senator Maziarz. 9 Per Senator Maziarz's request, all 10 Senators are invited to cosponsor the 11 resolution. Anyone wishing not to be a 12 cosponsor should notify the desk. 13 Senator Klein. 14 SENATOR KLEIN: Mr. President, at 15 this time can we please move to a reading of 16 the calendar. 17 ACTING PRESIDENT VALESKY: The 18 Secretary will proceed with a reading of the 19 active bills on Senate Calendar Number 20. 20 THE SECRETARY: Calendar Number 21 64, by Senator C. Johnson, Senate Print 2753A, 22 an act to amend the General Business Law and 23 the Civil Practice Law and Rules, in relation 24 to prohibiting. 25 ACTING PRESIDENT VALESKY: Read
Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the 60th day. 4 ACTING PRESIDENT VALESKY: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 55. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 99, by Senator Breslin -- 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 17 115, by Senator Leibell, Senate Print 4714, an 18 act to amend the Executive Law, in relation to 19 reporting. 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, 56. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 170, by Senator Aubertine -- 7 SENATOR KLEIN: Lay the bill 8 aside for the day, please. 9 ACTING PRESIDENT VALESKY: The 10 bill is laid aside for the day. 11 THE SECRETARY: Calendar Number 12 181, by Senator Espada, Senate Print 6753, an 13 act to amend Chapter 449 of the Laws of 1986 14 amending the Private Housing Finance Law. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 2. 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, 56. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed. 25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc. 1 191, by Member of the Assembly -- 2 SENATOR KLEIN: Lay the bill 3 aside for the day, please. 4 ACTING PRESIDENT VALESKY: The 5 bill is laid aside for the day. 6 Senator Klein, that completes the 7 reading of the active bills on Senate Calendar 8 Number 20. 9 SENATOR KLEIN: Mr. President, I 10 just want to announce we'll have an immediate 11 meeting of the Veterans, Homeland Security and 12 Military Affairs Committee in Room 332, 13 followed by an immediate meeting of the Rules 14 Committee. 15 Pending the return of the Rules 16 Committee, may we please stand at ease. 17 ACTING PRESIDENT VALESKY: An 18 immediate meeting of the Senate Veterans 19 Affairs Committee in Room 332. Immediately 20 following that, a meeting of the Senate Rules 21 Committee. 22 Pending the return of the report of 23 the Rules Committee, the Senate stands at 24 ease. 25 (Whereupon, the Senate stood at
Candyco Transcription Service, Inc. 1 ease at 11:40 a.m.) 2 (Whereupon, the Senate reconvened 3 at 11:59 a.m.) 4 ACTING PRESIDENT VALESKY: 5 Senator Klein. 6 SENATOR KLEIN: Mr. President, 7 can we please return to the order of reports 8 of standing committees. 9 I believe there's a report of the 10 Rules Committee at the desk, and I move that 11 we adopt the report at this time. 12 ACTING PRESIDENT VALESKY: 13 Reports of standing committees. 14 The Secretary will read the report 15 of the Rules Committee. 16 THE SECRETARY: Senator Smith, 17 from the Committee on Rules, reports the 18 following bills: 19 Senate Print 1283, by Senator O. 20 Johnson, an act to authorize the Commissioner 21 of Transportation; 22 And Senate Print 6705, by Senator 23 Marcellino, an act to amend the Highway Law. 24 Both bills ordered direct to third 25 reading.
Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: All 2 those in favor of adopting the report of the 3 Rules Committee signify by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT VALESKY: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT VALESKY: The 9 report of the Rules Committee is adopted. 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, at 12 this time can we please move to a reading of 13 the supplemental calendar. 14 ACTING PRESIDENT VALESKY: The 15 Secretary will proceed with a reading of 16 Senate Supplemental Calendar 20A. 17 THE SECRETARY: Calendar Number 18 251, by Senator O. Johnson, Senate Print 1283, 19 an act to authorize the Commissioner of 20 Transportation to alienate and convey certain 21 land. 22 ACTING PRESIDENT VALESKY: Read 23 the last section. 24 THE SECRETARY: Section 5. 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, 56. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 252, by Senator Marcellino, Senate Print 6705, 9 an act to amend the Highway Law, in relation 10 to the designation. 11 ACTING PRESIDENT VALESKY: Read 12 the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT VALESKY: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: In relation to 19 Calendar Number 252: Ayes, 55. Nays, 1. 20 Senator Dilan recorded in the negative. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 Senator Klein, that completes the 24 reading of Senate Supplemental Calendar 20A. 25 SENATOR KLEIN: Mr. President, is
Candyco Transcription Service, Inc. 1 there any further business at the desk? 2 ACTING PRESIDENT VALESKY: No, 3 Senator, the desk is clear. 4 SENATOR KLEIN: There being none, 5 Mr. President, I move that we adjourn until 6 Monday, March 15th, at 3:00 p.m., intervening 7 days to be legislative days. 8 ACTING PRESIDENT VALESKY: There 9 being no further business to come before the 10 Senate, on motion, the Senate stands adjourned 11 until Monday, March 15th, at 3:00 p.m., 12 intervening days being legislative days. 13 (Whereupon, at 12:01 p.m., the 14 Senate adjourned.) 15 16 17 18 19 20 21 22 23 24 25
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