Wednesday, April 7, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 7, 2010 11 3:29 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CRAIG JOHNSON, 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 CRAIG JOHNSON: 3 The Senate will please come to order. 4 I ask everyone present to rise and 5 recite with me the Pledge of Allegiance to our 6 Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 In the absence of clergy, may we all bow our 11 heads in a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Tuesday, April 6, the Senate met pursuant to 19 adjournment. The Journal of Monday, April 5, 20 was read and approved. On motion, Senate 21 adjourned. 22 ACTING PRESIDENT CRAIG JOHNSON: 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: Thank you, 10 Mr. President. 11 Before we proceed, I'd like to make 12 something that I consider a very personal 13 special announcement. I want to welcome back 14 one of our outstanding colleagues on the other 15 side of the aisle, Senator Tom Morahan, who 16 looks as healthy as ever. 17 (Standing ovation.) 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Morahan. 20 SENATOR MORAHAN: Thank you, 21 Mr. President. 22 I just want to say thank you to my 23 colleagues and staff people who through my 24 illness were so kind to send cards and baskets 25 of fruit, different things -- and I can take

Candyco Transcription Service, Inc. 1 that, because it was from you guys. 2 (Laughter.) 3 SENATOR MORAHAN: -- and the 4 phone calls and the well wishes. 5 And I want to point out, in 6 particular, Secretary to the Senate Angelo 7 Aponte, who visited me in the hospital where I 8 was for 41 days, offered the services of his 9 office both to my local staff, my staff up 10 here, and also messenger service or whatever I 11 needed to keep some semblance of keeping up 12 with my duties while I was caged down in 13 Manhattan. 14 So everybody's been wonderful. I 15 really appreciate it. And I'm happy to be 16 back here today. 17 Thank you very much. 18 (Applause.) 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, I 22 believe there's a substitution at the desk. I 23 ask that we make the substitution at this 24 time. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 The Secretary will read. 2 THE SECRETARY: On page 19, 3 Senator Squadron moves to discharge, from the 4 Committee on Local Government, Assembly Bill 5 Number 9955 and substitute it for the 6 identical Senate Bill Number 6697A, Third 7 Reading Calendar 314. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Substitution ordered. 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, 12 can you please recognize Senator Winner at 13 this time. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Winner. 16 SENATOR WINNER: Thank you, 17 Mr. President. 18 On a less upbeat note, I want to 19 report the unfortunate passing of a former 20 colleague of ours, former -- 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Winner. 23 SENATOR WINNER: -- Senator 24 William T. "Cadillac" Smith, who ably served 25 this Senate for 24 years, from 1962 to 1986,

Candyco Transcription Service, Inc. 1 from Big Flats, New York, and then left as the 2 deputy majority leader. 3 He unfortunately passed away at the 4 end of March, while we were away. 5 Senator Smith obviously served this 6 state with great distinction and of course was 7 known affectionately for his stunt, so to 8 speak, in 1962, where he put a sign on the 9 back of a Cadillac that he purchased for not 10 growing corn as a result of the institution of 11 the Soil Bank Program, and proceeded to use 12 that notoriety and subsequently was elected to 13 the New York State Senate. He was then the 14 president of the Farm Bureau in Big Flats, 15 New York. 16 Senator Smith was well-known for a 17 number of accomplishments while he was a 18 member of this body. First and foremost, he 19 established what they called at that time the 20 price-tag rule, which we now obviously 21 commonly refer to as the fiscal note 22 requirement. 23 At Senator Smith's insistence, that 24 was established back when he was a young 25 Senator, to have the first requirement that

Candyco Transcription Service, Inc. 1 all legislation that's introduced that had any 2 fiscal implications be so indicated on the 3 memorandums in support. 4 He went on to obviously also be 5 very notorious with respect to welfare and 6 Medicaid reform, as the chairman of the Senate 7 Social Services Committee and also the 8 chairman of a temporary state commission to 9 revise the Social Services Law, which made 10 very, very sweeping and major recommendations 11 for reform of those two programs during the 12 '70s. 13 But I think one of his lasting 14 legacies for the State of New York was 15 following the tragic death of his daughter, 16 Judy, to a drunk driver in 1973, whereupon he 17 went out and established and promoted and 18 enacted the Stop DWI Program in 1981, which 19 really is the cornerstone of our anti-DWI 20 efforts in the State of New York to date. 21 I think he was the leading 22 legislator in the United States at the time to 23 establishing a very effective and far-reaching 24 program to combat the tragedy of drunk driving 25 in New York. And he is probably credited,

Candyco Transcription Service, Inc. 1 along with those that supported that effort, 2 with saving thousands of lives, not only in 3 New York but across this country, as a result 4 of drunk-driving fatalities that dropped some 5 50 percent after the enactment and the 6 enforcement of those anti-DWI efforts. So we 7 owe him a great deal of gratitude for those 8 efforts. 9 But the Senator lived to a ripe old 10 age of 94, and he had a great run. And as a 11 result, I know he loved this body and loved 12 service here and loved his community of Big 13 Flats, where he never forgot his roots. So I 14 thought that the body should be aware of the 15 passing of a great distinguished leader of 16 this house for many, many years. And as such, 17 I hope his soul rests in peace. 18 Thank you, Mr. President. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Thank you very much, Senator Winner. 21 I request a moment of silence. If 22 everyone could please rise in the chamber for 23 a moment of silence for the passing of our 24 colleague. 25 (Whereupon, the assemblage

Candyco Transcription Service, Inc. 1 respected a moment of silence.) 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Thank you, Senator Winner. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, if 6 we can go back to motions and resolutions, I 7 have a couple of motions. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Yes. Senator Klein, please. 10 SENATOR KLEIN: First, 11 Mr. President, on behalf of Senator Peralta, I 12 move that the following bill be discharged 13 from its respective committee and be 14 recommitted with instructions to strike the 15 enacting clause: Senate Number 7362. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 So ordered. 18 Senator Klein. 19 SENATOR KLEIN: On behalf of 20 Senator Savino, I move that the following 21 bills be discharged from their respective 22 committees and be recommitted with 23 instructions to strike the enacting clause: 24 Senate Number 6659, 6660, 6662, 6663, 6664, 25 6665, 6666, 6667, 6668, and 6669.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 So ordered. 3 SENATOR KLEIN: On behalf of 4 Senator Foley, on page 14 I offer the 5 following amendments to Calendar Number 248, 6 Senate Print Number 6454, and ask that said 7 bill retain its place on Third Reading 8 Calendar. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 So ordered. 11 SENATOR KLEIN: On behalf of 12 Senator Montgomery, on page 12 I offer the 13 following amendments to Calendar Number 220, 14 Senate Print Number 6474B, and ask that said 15 bill retain its place on Third Reading 16 Calendar. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 So ordered. 19 SENATOR KLEIN: On behalf of 20 Senator Sampson, on page 9 I offer the 21 following amendments to Calendar Number 154, 22 Senate Print Number 5262A, and ask that said 23 bill retain its place on Third Reading 24 Calendar. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 So ordered. 2 SENATOR KLEIN: On behalf of 3 Senator Oppenheimer, I wish to call up Print 4 Number 6776, recalled from the Assembly, which 5 is now at the desk. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 The Secretary will read the title of the bill. 8 THE SECRETARY: Calendar Number 9 231, by Senator Oppenheimer, Senate Print 10 6776, an act to amend the Education Law. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, I 14 now move to reconsider the vote by which this 15 bill was passed. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 The Secretary will call the roll on 18 reconsideration. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 58. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The bill is restored to its place on the Third 23 Reading Calendar. 24 Senator Klein. 25 SENATOR KLEIN: Mr. President, I

Candyco Transcription Service, Inc. 1 now offer the following amendments. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 So ordered. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, on 6 behalf of Senator Thompson, I wish to call up 7 Calendar Number 82, Assembly Print Number 8 5765. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 82, by Member of the Assembly Sweeney, 13 Assembly Print Number 5765, an act to amend 14 the Environmental Conservation Law. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Klein. 17 SENATOR KLEIN: I now move to 18 reconsider the vote by which this Assembly 19 bill was substituted for my bill, Senate Print 20 Number 3776, on 3/3. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The Secretary will call the roll on 23 reconsideration. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 58.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, I 2 now move that Assembly Bill Number 5765 be 3 recommitted to the Committee on Environmental 4 Conservation and Senator Thompson's Senate 5 bill be restored to the order of Third Reading 6 Calendar. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 So ordered. 9 Senator Klein. 10 SENATOR KLEIN: I now offer the 11 following amendments. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 So ordered. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, 16 again, I wish to call up Calendar Number 53, 17 Assembly Print Number 1239A. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 53, by Member of the Assembly Lancman, 22 Assembly Print Number 1239A, an act to amend 23 the Real Property Law. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: I now move to 2 reconsider the vote by which this Assembly 3 bill was substituted for my bill, Senate Print 4 Number 2614A, on February 22nd. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The Secretary will call the roll on 7 reconsideration. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 58. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Klein. 12 SENATOR KLEIN: I now move that 13 Assembly Bill Number 1239A be recommitted to 14 the Committee on Judiciary and my Senate bill 15 be restored to the order of Third Reading 16 Calendar. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 So ordered. 19 SENATOR KLEIN: Mr. President, I 20 now offer the following amendments. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 So ordered. 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, 25 can we now move to a reading of the calendar.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 102, by Senator Thompson, Senate Print 1230 -- 5 SENATOR KLEIN: Lay the bill 6 aside for the day. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The bill is laid aside for the day. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 110, by Member of the Assembly Towns, Assembly 12 Print Number 9872, an act to amend Chapter 591 13 of the Laws of 2001 amending the Banking Law. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Call the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Announce the results. 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 The bill is passed.

Candyco Transcription Service, Inc. 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 124, by Member of the Assembly Glick, Assembly 4 Print Number 5985A, an act to amend the 5 Estates, Powers and Trusts Law, in relation to 6 eliminating. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Announce the results. 16 THE SECRETARY: In relation to 17 Calendar Number 124: Ayes, 58. Nays, 1. 18 Senator Lanza recorded in the negative. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The bill is passed. 21 THE SECRETARY: Calendar Number 22 201, by Member of the Assembly Glick -- 23 SENATOR KLEIN: Lay the bill 24 aside for the day. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 The bill is laid aside for the day. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 244, by Senator Stachowski, Senate Print 5 6816B, an act to amend the Alcoholic Beverage 6 Control Law, in relation to beer and/or malt 7 beverage. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Announce the results. 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bill is passed. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 294, by Member of the Assembly Weinstein, 23 Assembly Print Number 8394, an act to amend 24 the New York City Civil Court Act, the Uniform 25 District Court Act and the Uniform City Court

Candyco Transcription Service, Inc. 1 Act, in relation to granting jurisdiction. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Read the last section. 4 THE SECRETARY: Section 10. This 5 act shall take effect on the first of January 6 next succeeding. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Call the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Announce the results. 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The bill is passed. 15 THE SECRETARY: Calendar Number 16 298, by -- 17 SENATOR KLEIN: Lay the bill 18 aside for the day. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The bill is laid aside for the day. 21 THE SECRETARY: Calendar Number 22 300, by Senator Duane, Senate Print -- 23 SENATOR KLEIN: Lay the bill 24 aside for the day. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 The bill is laid aside for the day. 2 THE SECRETARY: Calendar Number 3 306, by Senator Stachowski, Senate Print 6277, 4 an act to amend the Highway Law, in relation 5 to the designation of a portion of the state 6 highway system. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Read the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Announce the results. 16 THE SECRETARY: Ayes, 59. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 The bill is passed. 19 THE SECRETARY: Calendar Number 20 314, substituted earlier today by Member of 21 the Assembly Silver, Assembly Print Number 22 9955, an act to authorize Manhattan Youth 23 Recreations and Resources, Inc., to file an 24 application. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Call the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Announce the results. 9 THE SECRETARY: In relation to 10 Calendar Number 314: Ayes, 58. Nays, 1. 11 Senator Larkin recorded in the negative. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The bill is passed. 14 Senator Klein, that completes the 15 reading of the noncontroversial calendar. 16 SENATOR KLEIN: Mr. President, is 17 there any further business at the desk? 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Klein, the desk is clear. 20 SENATOR KLEIN: Mr. President, on 21 behalf of Senator Ruth Hassell-Thompson, there 22 will be an immediate Majority conference in 23 the Majority Conference Room immediately after 24 session. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Immediate conference of the Senate Majority in 2 the Majority Conference Room following 3 session. 4 SENATOR KLEIN: Mr. President, is 5 there any further business at the desk? 6 ACTING PRESIDENT CRAIG JOHNSON: 7 There is no further business at the desk, 8 Senator Klein. The desk is clear. 9 SENATOR KLEIN: There being no 10 further business, I move that we adjourn until 11 Thursday, April 8th, at 3:00 p.m. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 There being no further business to come before 14 the Senate, on motion, the Senate stands 15 adjourned until Thursday, April 8th, at 16 3:00 p.m. 17 (Whereupon, at 3:44 p.m., the 18 Senate adjourned.) 19 20 21 22 23 24 25

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