Wednesday, May 12, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 12, 2010 11 11:30 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: 10 Today's invocation will be provided by Rabbi 11 Yaakov Kellman, from the Jewish Educational 12 Resources of New York, here in Albany. 13 Rabbi. 14 RABBI KELLMAN: Jerusalem, 15 reunited as a holy city for people of all 16 faiths, 43 years ago today. Jerusalem: The 17 city of peace, the city of wholeness, the city 18 of respect -- for three faiths. 19 We bless you, we pray for you, we 20 ask God's beneficence to this convening body, 21 that the peace of Jerusalem shine upon each 22 one of you now and forever. 23 Amen. 24 ACTING PRESIDENT VALESKY: The 25 reading of the Journal.

Candyco Transcription Service, Inc. 1 The Secretary will read. 2 THE SECRETARY: In Senate, 3 Tuesday, May 11, 2010, the Senate met pursuant 4 to adjournment. The Journal of Monday, 5 May 10, 2010, was read and approved. On 6 motion, Senate adjourned. 7 ACTING PRESIDENT VALESKY: 8 Without objection, the Journal stands approved 9 as read. 10 Presentation of petitions. 11 Messages from the Assembly. 12 Messages from the Governor. 13 Reports of standing committees. 14 Reports of select committees. 15 Communications and reports from 16 state officers. 17 Motions and resolutions. 18 Senator Klein. 19 SENATOR KLEIN: Mr. President, on 20 behalf of Senator Sampson, I move that the 21 following bills be discharged from their 22 respective committees and be recommitted with 23 instructions to strike the enacting clause: 24 Senate Number 144, 1632, 2352, 3404, and 7504. 25 ACTING PRESIDENT VALESKY: So

Candyco Transcription Service, Inc. 1 ordered. 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, I 4 believe there are substitutions at the desk. 5 I ask that we make the substitutions at this 6 time. 7 ACTING PRESIDENT VALESKY: The 8 Secretary will take up the substitutions. 9 THE SECRETARY: Page 27, Senator 10 Schneiderman moves to discharge, from the 11 Committee on Education, Assembly Bill Number 12 6453A and substitute it for the identical 13 Senate Bill Number 6196A, Third Reading 14 Calendar 461. 15 Page number 30, Senator C. Johnson 16 moves to discharge, from the Committee on 17 Local Government, Assembly Bill Number 6249B 18 and substitute it for the identical Senate 19 Bill Number 2269A, Third Reading Calendar 20 Number 504. 21 Page number 30, Senator Squadron 22 moves to discharge, from the Committee on 23 Corporations, Authorities and Commissions, 24 Assembly Bill Number 10147 and substitute it 25 for the identical Senate Bill Number 7365,

Candyco Transcription Service, Inc. 1 Third Reading Calendar 506. 2 ACTING PRESIDENT VALESKY: 3 Substitutions ordered. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, I 6 believe there's a resolution at the desk by 7 Senator Perkins. I ask that the resolution be 8 read in its entirety and move for its 9 immediate adoption. 10 ACTING PRESIDENT VALESKY: 11 Senator Klein, has this resolution been deemed 12 privileged and submitted by the office of the 13 Temporary President? 14 SENATOR KLEIN: Yes, it has, 15 Mr. President. 16 ACTING PRESIDENT VALESKY: The 17 Secretary will read. 18 THE SECRETARY: By Senator 19 Perkins, Senate Legislative Resolution 20 mourning the death of legendary singer, 21 dancer, actress and civil rights activist Lena 22 Mary Calhoun Horne. 23 "WHEREAS, It is the sense of this 24 Legislative Body to pay tribute to the lives 25 of those esteemed individuals of world renown

Candyco Transcription Service, Inc. 1 who distinguished themselves through their 2 life's work; and 3 "WHEREAS, Born in Brooklyn, 4 New York, Lena Horne was the first black 5 performer to be signed to a long-term contract 6 by a major Hollywood studio and went on to 7 achieve international fame as a singer. She 8 died at the age of 92 on Sunday, May 9, 2010; 9 and 10 "WHEREAS, Lena Horne's timeless 11 legacy will forever be celebrated as part of 12 the fabric of American popular music. Her 13 striking beauty often overshadowed her talent 14 and artistry; and 15 "WHEREAS, Lena Horne was largely 16 raised by her grandparents as her mother, Edna 17 Horne, who pursued a career in show business, 18 and father, Teddy Horne, separated. Lena 19 dropped out of high school at age 16 and 20 joined the chorus line at the Cotton Club, the 21 fabled Harlem night spot where the 22 entertainers were black and the clientele 23 white. She left the club in 1935 to tour with 24 Noble Sissle's orchestra, billed as Helena 25 Horne; and

Candyco Transcription Service, Inc. 1 "WHEREAS, The talented Lena Horne 2 once said, 'I was unique in that I was a kind 3 of black that white people could accept ... I 4 was their daydream. I had the worst kind of 5 acceptance because it was never for how great 6 I was or what I contributed. It was because 7 of the way I looked.'; and 8 "WHEREAS, Actress Liza Minelli's 9 father, director Vincente Minelli, brought 10 Lena Horne to Hollywood to star in 'Cabin in 11 the Sky,' in 1943. In the 1940s, Lena Horne 12 was one of the first black performers hired to 13 sing with a major white band, to play the 14 Copacabana nightclub in New York City. And 15 when she signed with MGM, she was among a few 16 black actors to have a contract with a major 17 Hollywood studio; and 18 "WHEREAS, In 1943, MGM Studios 19 temporarily transferred her to 20th Century 20 Fox to play the role of Selina Rogers in the 21 all-black movie musical 'Stormy Weather.' Her 22 rendition of the title song became a major hit 23 and her most famous tune; and 24 "WHEREAS, In her first big Broadway 25 success, as the star of 'Jamaica' in 1957,

Candyco Transcription Service, Inc. 1 reviewer Richard Watts, Jr., called her 'one 2 of the incomparable performers of our time.' 3 Songwriter Buddy de Sylva dubbed her 'the best 4 female singer of songs'; and 5 "WHEREAS, Ms. Horne's voice was not 6 particularly powerful, but it was extremely 7 expressive. She reached her listeners 8 emotionally by acting as well as singing the 9 romantic standards like 'The Man I Love' and 10 'Moon River' that dominated her repertory. 11 The person she always credited as her main 12 influence was not another singer but a pianist 13 and composer, Duke Ellington's longtime 14 associate Billy Strayhorn; and 15 "WHEREAS, Lena Horne had married 16 MGM music director Lennie Hayton, a white man, 17 in Paris in 1947 after her first overseas 18 engagements in France and England. An earlier 19 marriage to Louis J. Jones had ended in 20 divorce in 1944 after producing her daughter, 21 Gail, and her son, Teddy. Lena's father, her 22 son, and Hayton all died in 1970 and 1971; and 23 "WHEREAS, While at MGM, Lena Horne 24 starred in the all-black 'Cabin in the Sky,' 25 but in most movies, she appeared only in

Candyco Transcription Service, Inc. 1 musical numbers that could be cut when shown 2 in the South, and she was denied major roles 3 and speaking parts. She had appeared in the 4 role of Julie in a 'Show Boat' scene in a 1946 5 movie about Jerome Kern, and was deemed a 6 logical choice for the 1951 movie, but the 7 part went to a white actress, Ava Gardner, who 8 did not sing; and 9 "WHEREAS, Lena Horne was only two 10 when her grandmother, a prominent member of 11 the Urban League and the National Association 12 for the Advancement of Colored People, 13 enrolled her in the NAACP. However, Lena 14 avoided activism until 1945, when she was 15 entertaining at an Army base and saw German 16 prisoners of war sitting up front while black 17 American soldiers were consigned to the rear. 18 That pivotal moment channeled her anger into 19 something useful; and 20 "WHEREAS, Roger Edens, the composer 21 and musical arranger who had been Judy 22 Garland's chief protector at MGM, had heard 23 the elegant Lena Horne sing at Cafe Society 24 and also went to hear her at the Little Troc. 25 He then insisted that Arthur Freed, the

Candyco Transcription Service, Inc. 1 producer of MGM's lavish musicals, listen to 2 Ms. Horne sing. Mr. Freed insisted that Louis 3 B. Mayer, who ran the studio, hear her too, 4 and when he did, she had soon signed a 5 seven-year contract with MGM; and 6 "WHEREAS, With Lena Horne being the 7 trailblazer, the NAACP celebrated that 8 particular contract as a weapon in its war to 9 get better movie roles for black performers; 10 and 11 "WHEREAS, Perpetually frustrated 12 with racism, Lena Horne got involved in 13 various social and political organizations, 14 and, partly because of her friendship with 15 singer-actor-activist Paul Robeson, was 16 blacklisted during the Red-hunting McCarthy 17 era. By the 1960s, she was one of the most 18 visible celebrities in the civil rights 19 movement, once throwing a lamp at a customer 20 who made a racial slur in a Beverly Hills 21 restaurant, and, in 1963, joining 250,000 22 others in the March on Washington for Jobs and 23 Freedom when Martin Luther King, Jr., gave his 24 'I Have a Dream' speech. She also spoke at a 25 rally that year with another civil rights

Candyco Transcription Service, Inc. 1 leader, Medgar Evers, just days before his 2 assassination; and 3 "WHEREAS, Lena Horne's 1981 4 one-woman Broadway show, 'Lena Horne: The 5 Lady and Her Music,' won a special Tony Award 6 and two Grammy Awards. In it, the 64-year-old 7 singer used two renditions, one straight and 8 the other gut-wrenching, of 'Stormy Weather' 9 to give audiences a glimpse of the spiritual 10 odyssey of her five-decade career; and 11 "WHEREAS, A true asset to society, 12 Lena Horne's life and works will endure as an 13 inspiration and legacy to all who had the 14 privilege and honor of knowing her. She is 15 survived by her daughter, journalist Gail 16 Buckley; now, therefore, be it 17 "RESOLVED, That this Legislative 18 Body pause in its deliberations to mourn the 19 death of legendary singer, dancer, actress and 20 civil rights activist Lena Mary Calhoun Horne; 21 and be it further 22 "RESOLVED, That a copy of this 23 resolution, suitably engrossed, be transmitted 24 to Gail Buckley." 25 ACTING PRESIDENT VALESKY:

Candyco Transcription Service, Inc. 1 Senator Perkins, on the resolution. 2 SENATOR PERKINS: Thank you, 3 Mr. President. I'll just make a brief few 4 observations. 5 First, you know, in the resolution 6 there is a quote from Lena Horne that I just 7 want to emphasize because it is kind of tragic 8 that she herself had to acknowledge that it 9 was not her talent but her race that seemed to 10 be so much a part of her acknowledgment by the 11 public. Even though she was, you know, a 12 beautiful woman, but she was not just accepted 13 for her talent. 14 And I think that she reminds me and 15 so many of us that unfortunately there have 16 been so many other actors and actresses and 17 scientists and doctors and writers and others 18 who have had to experience that kind of 19 tokenism or racism. 20 And I just would like to say that 21 hopefully that past will be left in the past 22 and that we will be able to move forward and 23 begin to recognize each other for what we 24 really represent and that our talents will 25 really be that which we focus on.

Candyco Transcription Service, Inc. 1 And so I'm honored to have had the 2 opportunity to experience her. I want to 3 thank her for that which she contributed even 4 in the civil rights movement. And I would 5 hope that my colleagues would join me in 6 supporting this resolution. 7 Thank you. 8 ACTING PRESIDENT VALESKY: Thank 9 you, Senator Perkins. 10 Senator Montgomery, on the 11 resolution. 12 SENATOR MONTGOMERY: Yes, 13 Mr. President, I rise to thank my colleague 14 Senator Perkins for introducing this 15 resolution. 16 And as we all know, anyone who had 17 ever laid eyes on Lena Horne knows that she 18 was one of the most beautiful women in the 19 world. But she was not only physically 20 attractive, but she was also a beautiful human 21 being. 22 She started her life in Brooklyn, 23 in my own district, and so she's probably one 24 of the most outstanding people in theater from 25 the community, the village of

Candyco Transcription Service, Inc. 1 Bedford-Stuyvesant. 2 And I appreciate the fact that she 3 was not simply an actress who was looking to 4 be the most famous actress. She had 5 tremendous talent, but she also utilized that 6 talent to benefit her community and her people 7 in a very significant way. So she lived her 8 life both in terms of her profession but also 9 in terms of her significant place in society 10 to make a statement on behalf of her people. 11 So I commend her and I celebrate 12 her life. And again, I thank my colleague for 13 introducing this in commemorating the life and 14 death of Lena Horne. 15 Thank you. 16 ACTING PRESIDENT VALESKY: Thank 17 you, Senator Montgomery. 18 Are there any other Senators who 19 wish to be heard? 20 Seeing none, the question is on the 21 resolution. All in favor signify by saying 22 aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT VALESKY: 25 Opposed, nay.

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

Candyco Transcription Service, Inc. 1 Yom Yerushalayim, Jerusalem Day, on May 12, 2 2010. 3 ACTING PRESIDENT VALESKY: 4 Senator Breslin, on the resolution. 5 SENATOR BRESLIN: Thank you very 6 much, Mr. President. 7 I rise because today is the 8 celebration of Jerusalem Day and Jerusalem 9 Day, in particular, the first time we have 10 celebrated in the Capital District, this area. 11 And it celebrates the anniversary 12 of the unification of Jerusalem, which took 13 place 43 years ago, 43 years ago after the 14 culmination of the Six-Day War in Israel. 15 And tonight, at Temple Israel, 16 we'll bring together a number of different 17 groups, twenty in all, from different 18 religious backgrounds, from different faiths, 19 to commemorate the peaceful transition in 20 Jerusalem. 21 And tonight at Temple Israel we'll 22 be honoring several individuals, including 23 Bill Adams, the deputy director of the Bridges 24 for Peace in the United States; Dr. Stephen 25 Berk, a professor of history at Union College;

Candyco Transcription Service, Inc. 1 Dr. Arthur Brenner, a professor of Judaic 2 studies at the University of Albany; and my 3 dear friend Michael McNulty, the former 4 Congressman for this area -- all four of whom 5 have been instrumental in the peaceful process 6 that's taken place in Jerusalem. 7 And I ask all to think of this day 8 as a commemoration of the peaceful unification 9 of the wonderful city of Jerusalem. 10 Thank you, Mr. President. 11 ACTING PRESIDENT VALESKY: Thank 12 you, Senator Breslin. 13 Senator Parker, on the resolution. 14 SENATOR PARKER: Mr. President, 15 on the resolution. 16 Yom Yerushalayim, or Jerusalem Day, 17 is a recent addition to the Hebrew calendar. 18 It commemorates the reunification of Jerusalem 19 after the Six-Day War in 1967. 20 As you know, I represent the 21st 21 Senatorial District in Brooklyn, which is 22 Flatbush and East Flatbush, Midwood, Ditmas 23 Park, Kensington and Boro Park, and as such I 24 represent probably the largest population of 25 Jews by anybody who's not Jewish in the State

Candyco Transcription Service, Inc. 1 of New York. So this day is a really 2 important day for people in my district, and 3 it's important for me, especially having 4 visited Jerusalem two years ago and seeing the 5 kind of history and culture that exists in the 6 City of Jerusalem. 7 Jerusalem is a city today that is 8 sacred to not just Jews but also Christians 9 and Muslims, and all live there in relative 10 peace, for the most part. 11 Today, May 12th, Temple Israel in 12 Albany, as Senator Breslin has indicated, is 13 going to have the Christian Zionist community 14 celebrating the 43rd anniversary of the 15 Jerusalem reunification. And so we want to 16 congratulate them and really just be 17 respectful of the history of Jerusalem and so 18 much that that history has given not just to 19 the people of my community but the people of 20 New York and the people of the world. 21 Thank you. 22 ACTING PRESIDENT VALESKY: Thank 23 you, Senator Parker. 24 Are there any other Senators who 25 wish to be heard?

Candyco Transcription Service, Inc. 1 Seeing none, the question is on the 2 resolution. All in favor signify by saying 3 aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT VALESKY: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT VALESKY: The 9 resolution is adopted. 10 Senator Breslin has asked that the 11 resolution be opened for cosponsorship. Any 12 member wishing not to be a cosponsor should 13 notify the desk. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, I 16 believe Senator Breslin has another resolution 17 at the desk. I ask that the title of the 18 resolution be read and move for its immediate 19 adoption. 20 ACTING PRESIDENT VALESKY: 21 Senator Klein, has this resolution been deemed 22 privileged and submitted by the office of the 23 Temporary President? 24 SENATOR KLEIN: Yes, it has, 25 Mr. President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 Secretary will read. 3 THE SECRETARY: By Senators 4 Breslin and Parker, Senate Legislative 5 Resolution commending the first Capital 6 District community commemoration of Yom 7 Yerushalayim, Jerusalem Day, on May 12, 2010. 8 ACTING PRESIDENT VALESKY: 9 Senator Breslin, on the resolution. 10 SENATOR BRESLIN: Thank you very 11 much, Mr. President. 12 Again, I would be repeating much of 13 what I said in my explanation of the prior 14 resolution. Again, it's commemorating in a 15 very peaceful way the unification of Jerusalem 16 43 years ago after the Six-Day War. 17 And Temple Israel, in the Capital 18 District, is bringing together a peaceful 19 group, twenty in all, of organizations that 20 will celebrate it tonight at Temple Israel. 21 And I know I've been invited, and I'll be 22 there. And I hope many of the people who are 23 listening to this will also be there. And 24 again, Temple Israel, 6 o'clock. 25 Thank you very much, Mr. President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Thank 2 you, Senator Breslin. 3 Are there any other Senators who 4 wish to be heard? 5 Seeing none, the question is on the 6 resolution. All in favor signify by saying 7 aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT VALESKY: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT VALESKY: The 13 resolution is adopted. 14 Senator Breslin has also asked that 15 this resolution be open to cosponsorship. Any 16 Senator wishing not to cosponsor the 17 resolution should notify the desk. 18 And at this point, with unanimous 19 consent, I'd like to welcome Joel Lion, the 20 consul for media affairs to the Consulate 21 General of Israel, to please come forward and 22 make a few statements. 23 CONSUL LION: Senators, as the 24 official representative of the State of Israel 25 now here in the Capital City of Albany, it is

Candyco Transcription Service, Inc. 1 an honor to thank you, all of you, for your 2 solidarity to the State of Israel, for your 3 solidarity with our capital, Jerusalem, and, 4 as it was said in the resolution, we hope that 5 also we will find a way to have peace, peace 6 in our region. It's not easy. But I hope 7 that we are now on a good way to have it. 8 Thank you very, very much for 9 everything. 10 (Applause.) 11 ACTING PRESIDENT VALESKY: 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, I 14 believe that there are four resolutions at the 15 desk by Senator Ruth Hassell-Thompson. I ask 16 that the title of each resolution be read and 17 move for its immediate adoption. 18 ACTING PRESIDENT VALESKY: 19 Senator Klein, have these resolutions been 20 deemed privileged and submitted by the office 21 of the Temporary President? 22 SENATOR KLEIN: Yes, they have, 23 Mr. President. 24 ACTING PRESIDENT VALESKY: The 25 Secretary will proceed with reading the titles

Candyco Transcription Service, Inc. 1 of all four resolutions. 2 THE SECRETARY: By Senator 3 Hassell-Thompson, legislative resolution 4 commending Deacon Myrtle Elaine Mitchell upon 5 the occasion of her designation for special 6 recognition by the Women's Ministry of Grace 7 Baptist Church at its Women's Convocation 8 Weekend, May 14-16, 2010. 9 By Senator Hassell-Thompson, 10 legislative resolution commending Deacon Wanda 11 Michael Peters upon the occasion of her 12 designation for special recognition by the 13 Women's Ministry of Grace Baptist Church at 14 its Women's Convocation Weekend, May 14-16, 15 2010. 16 By Senator Hassell-Thompson, 17 legislative resolution commending Deacon 18 Gwendolyn Youngs upon the occasion of her 19 designation for special recognition by the 20 Women's Ministry of Grace Baptist Church at 21 its Women's Convocation Weekend, May 14-16, 22 2010. 23 And by Senator Hassell-Thompson, 24 legislative resolution commending Rita E. 25 Strayhorn upon the occasion of her designation

Candyco Transcription Service, Inc. 1 for special recognition by the Women's 2 Ministry of Grace Baptist Church at its 3 Women's Convocation Weekend, May 14-16, 2010. 4 ACTING PRESIDENT VALESKY: 5 Senator Hassell-Thompson, on the resolutions. 6 SENATOR HASSELL-THOMPSON: Thank 7 you, Mr. President. 8 I rise to ask this body to 9 celebrate with me the lives of these four 10 women who are members of my church, which is 11 Grace Baptist. And also, because she is a 12 staffer, we're not allowed to do resolutions, 13 but also I'd like to include the name of Lisa 14 A. Copeland, who is also being honored as one 15 of the five women. 16 The five women represent the five 17 women who began the Church of Grace. And many 18 years ago, the pastor began to create awards 19 for those members who showed leadership beyond 20 their contributions to the church but for the 21 their work in the community at large. 22 In the names of these five women, 23 in the persons of Lisa Copeland, of Deacon 24 Gwendolyn Youngs, Rita Strayhorn, Deacon Wanda 25 Michael Peters, and Deacon Myrtle Elaine

Candyco Transcription Service, Inc. 1 Mitchell -- the fact that these women are 2 called deacons, as opposed to deaconesses, 3 also talks about the progressiveness of the 4 church that looks at women's ability to serve 5 in any role within the ministerial life of the 6 church. 7 And so to these four deacons and to 8 Lisa Copeland, I give honor and praise for the 9 work that they do and would ask that those who 10 would wish would sign onto this resolution. 11 Thank you, Mr. President. 12 ACTING PRESIDENT VALESKY: Thank 13 you, Senator Hassell-Thompson. 14 Are there any other Senators who 15 wish to be heard? 16 Seeing none, the question is on the 17 resolutions. All in favor of adopting the 18 resolutions signify by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT VALESKY: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT VALESKY: The 24 resolutions are adopted. 25 Senator Hassell-Thompson has

Candyco Transcription Service, Inc. 1 offered cosponsorship on all four of these. 2 Anyone wishing not to be a cosponsor should 3 notify the desk. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, at 6 this time I move to adopt the Resolution 7 Calendar in its entirety, with the exception 8 of Senate Resolution 5182. 9 ACTING PRESIDENT VALESKY: All in 10 favor of adopting the Senate Resolution 11 Calendar, with the exception of Resolution 12 Number 5182, signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT VALESKY: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT VALESKY: The 18 Resolution Calendar is adopted. 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, I 21 move that we take up Senate Resolution 5182, 22 by Senator Savino. I ask that the title of 23 the resolution be read and move for its 24 immediate adoption. 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 Secretary will read. 2 THE SECRETARY: By Senator 3 Savino, Legislative Resolution Number 5182, 4 memorializing Governor David A. Paterson to 5 proclaim May 15th through June 15th, 2010 as 6 Tourette Syndrome Awareness Month in the State 7 of New York. 8 ACTING PRESIDENT VALESKY: All in 9 favor of adopting the resolution please 10 signify by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT VALESKY: 13 Opposed, nay. 14 (No response.) 15 ACTING PRESIDENT VALESKY: The 16 resolution is adopted. 17 Senator Savino has offered 18 cosponsorship to all Senators. Anyone wishing 19 not to be a cosponsor of 5182 please notify 20 the desk. 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, I 23 have two motions. 24 The first, on behalf of Senator 25 Thompson, on page number 26 I offer the

Candyco Transcription Service, Inc. 1 following amendments to Calendar Number 456, 2 Senate Print Number 3560. 3 ACTING PRESIDENT VALESKY: 4 Amendments received. 5 SENATOR KLEIN: Mr. President, on 6 behalf of Senator Huntley, on page number 18 I 7 offer the following amendments to Calendar 8 Number 329, Senate Print Number 3119A, and ask 9 that said bill retain its place on Third 10 Reading Calendar. 11 ACTING PRESIDENT VALESKY: So 12 ordered. 13 Senator Klein. 14 SENATOR KLEIN: Mr. President, at 15 this time can we please go to a reading of the 16 calendar. 17 ACTING PRESIDENT VALESKY: The 18 Secretary will proceed with the reading of the 19 active bills on Senate Calendar Number 47. 20 THE SECRETARY: Calendar Number 21 246, by Senator Thompson, Senate Bill 4954B, 22 an act to amend the General Municipal 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 immediately. 2 ACTING PRESIDENT VALESKY: 3 Senator DeFrancisco. 4 SENATOR DeFRANCISCO: Are we 5 going on the regular calendar right now? 6 ACTING PRESIDENT VALESKY: This 7 is the bill taken from the supplemental active 8 list. 9 SENATOR DeFRANCISCO: Okay, thank 10 you. 11 ACTING PRESIDENT VALESKY: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT VALESKY: Call 16 the roll. 17 (The Secretary called the roll.) 18 SENATOR LIBOUS: Excuse me, 19 Mr. President. 20 ACTING PRESIDENT VALESKY: 21 Senator Libous. 22 SENATOR LIBOUS: Mr. President, 23 could you again repeat what we're on? Because 24 there seems to be some confusion; people are 25 looking at the calendar. If you could just --

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Yes. 2 Calendar Number 246, which is the 3 bill that comprises the supplemental active 4 list, is currently before the house. 5 SENATOR LIBOUS: Thank you, 6 Mr. President. 7 ACTING PRESIDENT VALESKY: The 8 Secretary will announce the results. 9 THE SECRETARY: Ayes, 62. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 262, by Senator Morahan, Senate Bill 1823B, an 14 act to amend the Labor 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 ACTING PRESIDENT VALESKY: 23 Announce the results. 24 THE SECRETARY: Those recorded in 25 the negative: Senators Bonacic, DeFrancisco,

Candyco Transcription Service, Inc. 1 Flanagan, Golden, Griffo, Lanza, Libous, 2 Ranzenhofer, Saland, Seward and Winner. Also 3 Senator Leibell. Also Senator Little. Also 4 Senator Nozzolio. Also Senator O. Johnson. 5 Also Senator Young. 6 ACTING PRESIDENT VALESKY: The 7 Secretary will announce the final vote. 8 THE SECRETARY: Ayes, 46. Nays, 9 16. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 311, by Assemblywoman Hooper, Assembly Bill 14 Number 9010, an act to amend the General 15 Municipal Law. 16 ACTING PRESIDENT VALESKY: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT VALESKY: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 62. 24 ACTING PRESIDENT VALESKY: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 381, by Senator Perkins, Senate Bill 6066A, an 3 act to amend the Alcoholic Beverage Control 4 Law. 5 ACTING PRESIDENT VALESKY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT VALESKY: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT VALESKY: 13 Announce the results. 14 THE SECRETARY: In relation to 15 Calendar Number 381, those recorded in the 16 negative: Senators Bonacic, DeFrancisco, 17 Flanagan, Fuschillo, Golden, Hannon, Larkin, 18 LaValle, Nozzolio, Padavan, Skelos, Volker and 19 Young. 20 Ayes, 48. Nays, 13. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 The Secretary will continue to 24 read. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 388, by Senator McDonald, Senate Bill 5873, an 2 act in relation to authorizing the Town of 3 Malta. 4 ACTING PRESIDENT VALESKY: There 5 is a home-rule message at the desk. 6 Read the last section. 7 THE SECRETARY: Section 6. This 8 act shall take effect immediately. 9 ACTING PRESIDENT VALESKY: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT VALESKY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 412, by Senator Griffo, Senate Print 7188, an 17 act to amend the State Finance Law. 18 ACTING PRESIDENT VALESKY: Read 19 the last section. 20 THE SECRETARY: Section 4. This 21 act shall take effect immediately. 22 ACTING PRESIDENT VALESKY: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 427, by Senator Padavan, Senate Bill 7327A, an 5 act to amend the General City Law and the 6 Administrative Code of the City of New York. 7 ACTING PRESIDENT VALESKY: Read 8 the last section. 9 THE SECRETARY: Section 12. This 10 act shall take effect immediately. 11 ACTING PRESIDENT VALESKY: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT VALESKY: 15 Announce the results. 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 433, by Assemblyman Scarborough, Assembly 21 Print Number 8524, an act to amend the Family 22 Court Act and the Social Services Law. 23 ACTING PRESIDENT VALESKY: Read 24 the last section. 25 THE SECRETARY: Section 4. This

Candyco Transcription Service, Inc. 1 act shall take effect on the 90th day after it 2 shall have become law. 3 ACTING PRESIDENT VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 444, by Senator Savino -- 11 SENATOR KLEIN: Lay the bill 12 aside for the day, please. 13 ACTING PRESIDENT VALESKY: The 14 bill is laid aside for the day. 15 THE SECRETARY: Calendar Number 16 447, by Assemblyperson Gottfried, Assembly 17 Bill 6020, an act to amend the Executive Law. 18 ACTING PRESIDENT VALESKY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first day of the 22 first month beginning 180 days or more after 23 it shall have become law. 24 ACTING PRESIDENT VALESKY: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 450, by Senator Savino, Senate Bill 5533A, an 7 act to amend the Retirement and Social 8 Security Law. 9 ACTING PRESIDENT VALESKY: Read 10 the last section. 11 THE SECRETARY: Section 11. This 12 act shall take effect immediately and shall be 13 deemed to have been in full force and effect 14 on and after October 16, 1992. 15 ACTING PRESIDENT VALESKY: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 451, by Assemblymember Destito, Assembly Bill 23 Number 8531A, an act to amend the Public 24 Officers Law. 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, 61. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 453, by Senator C. Johnson, Senate Bill 7332, 12 an act to amend the Alcoholic Beverage Control 13 Law. 14 ACTING PRESIDENT VALESKY: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT VALESKY: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 458, by Senator Aubertine, Senate Bill 4277,

Candyco Transcription Service, Inc. 1 an act to amend the Vehicle and Traffic Law. 2 ACTING PRESIDENT VALESKY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 30th day after it 6 shall have become law. 7 ACTING PRESIDENT VALESKY: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT VALESKY: 11 Announce the results. 12 THE SECRETARY: In relation to 13 Calendar Number 458, those recorded in the 14 negative: Senators Duane, Hannon, 15 Hassell-Thompson, L. Krueger, LaValle, 16 Marcellino, Montgomery, Oppenheimer, Perkins, 17 Schneiderman and Serrano. 18 Ayes, 50. Nays, 11. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 462, by Senator Valesky, Senate Bill 7232, an 23 act to amend Chapter 698 of the Laws of 1996 24 amending the Education Law. 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, 61. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 474, by Member of the Assembly McEneny, 12 Assembly Print Number 7885A, an act to amend 13 the Education Law. 14 ACTING PRESIDENT VALESKY: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 180th day after 18 it shall have become law. 19 ACTING PRESIDENT VALESKY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 493, by Senator Klein, Senate Bill 1909C, an 2 act to amend the Penal Law. 3 ACTING PRESIDENT VALESKY: Read 4 the last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect on the first of November 7 next succeeding. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT VALESKY: 12 Senator Klein, to explain his vote. 13 SENATOR KLEIN: Thank you, 14 Mr. President. 15 Unfortunately, over the last couple 16 of years we've seen an increase in the number 17 of times vandalism takes place outside a house 18 of worship. Presently we have enhanced 19 penalties for theft or vandalism that occurs 20 within a religious house of worship, but 21 unfortunately it's not covered for statues or 22 menorahs or things that are outside. 23 So I think this is a very tough and 24 common-sense approach to have a Class E felony 25 for vandalism of all types of property outside

Candyco Transcription Service, Inc. 1 a house of worship. My hope is that we'll no 2 longer consider this just a prank by young 3 people, but take it seriously. And hopefully 4 this legislation will have a chilling effect 5 to make sure that religious articles outside 6 of a house of worship are kept safe and 7 secure. 8 So of course I vote yes, 9 Mr. President. 10 ACTING PRESIDENT VALESKY: 11 Senator Klein to be recorded in the 12 affirmative. 13 Announce the results. 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT VALESKY: The 16 bill is passed. 17 THE SECRETARY: Senator Klein, 18 that completes the reading of the calendar. 19 SENATOR KLEIN: Mr. President, is 20 there any further business at the desk? 21 ACTING PRESIDENT VALESKY: The 22 desk is clear. 23 SENATOR KLEIN: There being no 24 further business, Mr. President, I move that 25 we adjourn at the call of the Temporary

Candyco Transcription Service, Inc. 1 President, intervening days to be legislative 2 days. 3 ACTING PRESIDENT VALESKY: On 4 motion, the Senate stands adjourned at the 5 call of the Temporary President, intervening 6 days being legislative days. 7 (Whereupon, at 12:12 p.m., the 8 Senate adjourned.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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