Wednesday, May 26, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 26, 2010 11 4:04 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR DAVID J. VALESKY, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT VALESKY: The 3 Senate will 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: The 10 Reverend Peter G. Young, of Mother Teresa 11 Community here in Albany, is with us this 12 afternoon to offer an invocation. 13 REVEREND YOUNG: Thank you, 14 Senator. 15 Let us pray. 16 I recall, as a boy born in 1930, a 17 Depression baby, as that Depression baby, our 18 New York State history records the state that 19 the Senator of our 26th District in 1913 20 prioritized his political career to address 21 the need for job development and economic 22 growth as the President of the United States. 23 As we gather again in difficult 24 times, economic times that they are, we are 25 concerned about the New York State unemployed

Candyco Transcription Service, Inc. 1 seeking the dignity of a paycheck. Our prayer 2 intention on this day -- on this record 3 heating day that will only add to the family 4 stress and higher utility bills -- Almighty 5 and Eternal God, in this intention You have 6 revealed your God-given wisdom to all nations. 7 You are the God of power and might. 8 Wisdom and justice comes to our Senators 9 through Your authority with the prayer that 10 Your laws are enacted and judgments are 11 decreed with our citizens benefiting from the 12 dedication of our session today. 13 Amen. 14 ACTING PRESIDENT VALESKY: The 15 reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Tuesday, May 25, the Senate met pursuant to 19 adjournment. The Journal of Monday, May 24, 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, I 10 wish to call up Senate Calendar Number 544, 11 Assembly Print Number 1401. 12 ACTING PRESIDENT VALESKY: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 544, by Member of the Assembly Wright, 16 Assembly Print Number 1401, an act to amend 17 the Public Housing Law. 18 ACTING PRESIDENT VALESKY: 19 Senator Klein. 20 SENATOR KLEIN: I now move to 21 reconsider the vote by which this bill was 22 substituted for my bill, Senate Print Number 23 6916, on 5/25/2010. 24 ACTING PRESIDENT VALESKY: The 25 Secretary will call the roll on

Candyco Transcription Service, Inc. 1 reconsideration. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 34. 4 ACTING PRESIDENT VALESKY: The 5 bill is before the house. 6 Senator Klein. 7 SENATOR KLEIN: I now move that 8 Assembly Bill Number 1401 be recommitted to 9 the Committee on Housing and my Senate bill be 10 restored to the order of Third Reading 11 Calendar. 12 ACTING PRESIDENT VALESKY: So 13 ordered. 14 SENATOR KLEIN: Mr. President, I 15 now offer the following amendments. 16 ACTING PRESIDENT VALESKY: The 17 amendments are received. 18 Senator Klein. 19 SENATOR KLEIN: Mr. President, I 20 wish to call up Calendar Number 211, Assembly 21 Print Number 5707. 22 ACTING PRESIDENT VALESKY: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 211, by Member of the Assembly Weinstein,

Candyco Transcription Service, Inc. 1 Assembly Print Number 5707, an act to amend 2 the Election Law. 3 ACTING PRESIDENT VALESKY: 4 Senator Klein. 5 SENATOR KLEIN: I now move to 6 reconsider the vote by which this Assembly 7 bill was substituted for Senator Addabbo's 8 bill, Senate Print Number 5029, on 5/18. 9 ACTING PRESIDENT VALESKY: The 10 Secretary will call the roll on 11 reconsideration. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 41. 14 ACTING PRESIDENT VALESKY: The 15 bill is before the house. 16 Senator Klein. 17 SENATOR KLEIN: I now move that 18 Assembly Bill Number 5707 be recommitted to 19 the Committee on Elections and Senator 20 Addabbo's bill be restored to the order of 21 Third Reading Calendar. 22 ACTING PRESIDENT VALESKY: So 23 ordered. 24 SENATOR KLEIN: Mr. President, I 25 now offer the following amendments.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 amendments are received. 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, I 5 believe there are substitutions at the desk. 6 I ask that we make the substitutions at this 7 time. 8 ACTING PRESIDENT VALESKY: The 9 Secretary will read the substitutions. 10 THE SECRETARY: On page 28, 11 Senator Breslin moves to discharge, from the 12 Committee on Insurance, Assembly Bill Number 13 10219A and substitute it for the identical 14 Senate Bill Number 7408A, Third Reading 15 Calendar 482. 16 On page 33, Senator Breslin moves 17 to discharge, from the Committee on Finance, 18 Assembly Bill Number 2387 and substitute it 19 for the identical Senate Bill Number 797, 20 Third Reading Calendar 559. 21 On page 33, Senator Montgomery 22 moves to discharge, from the Committee on 23 Children and Families, Assembly Bill Number 24 8827A and substitute it for the identical 25 Senate Bill Number 3895B, Third Reading

Candyco Transcription Service, Inc. 1 Calendar 562. 2 On page 35, Senator Sampson moves 3 to discharge, from the Committee on Judiciary, 4 Assembly Bill Number 10410 and substitute it 5 for the identical Senate Bill Number 7289, 6 Third Reading Calendar 573. 7 On page 35, Senator Sampson moves 8 to discharge, from the Committee on Codes, 9 Assembly Bill Number 6195A and substitute it 10 for the identical Senate Bill Number 2972A, 11 Third Reading Calendar 580. 12 On page 35, Senator Parker moves to 13 discharge, from the Committee on Energy and 14 Telecommunications, Assembly Bill Number 6509B 15 and substitute it for the identical Senate 16 Bill Number 5615A, Third Reading Calendar 583. 17 On page 36, Senator Saland moves to 18 discharge, from the Committee on Children and 19 Families, Assembly Bill Number 8807B and 20 substitute it for the identical Senate Bill 21 Number 6070B, Third Reading Calendar 585. 22 On page 37, Senator Morahan moves 23 to discharge, from the Committee on Local 24 Government, Assembly Bill Number 7753A and 25 substitute it for the identical Senate Bill

Candyco Transcription Service, Inc. 1 Number 5339A, Third Reading Calendar 597. 2 On page 38, Senator Morahan moves 3 to discharge, from the Committee on Local 4 Government, Assembly Bill Number 7776A and 5 substitute it for the identical Senate Bill 6 Number 7107, Third Reading Calendar 601. 7 And on page 38, Senator Morahan 8 moves to discharge, from the Committee on 9 Local Government, Assembly Bill Number 7774A 10 and substitute it for the identical Senate 11 Bill Number 7108, Third Reading Calendar 602. 12 ACTING PRESIDENT VALESKY: 13 Substitutions ordered. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, I 16 believe Senator Saland has a resolution at the 17 desk. I ask that the title of the resolution 18 be read and move for its immediate adoption. 19 ACTING PRESIDENT VALESKY: 20 Senator Klein, has this resolution been deemed 21 privileged and submitted by the office of the 22 Temporary President? 23 SENATOR KLEIN: Yes, it has, 24 Mr. President. 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 Secretary will read. 2 THE SECRETARY: By Senator 3 Saland, legislative resolution honoring Fred 4 Schaeffer upon the occasion of his designation 5 by the Poughkeepsie Journal as its 2010 6 Business Person of the Year. 7 ACTING PRESIDENT VALESKY: The 8 question is on the resolution. All in favor 9 signify by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT VALESKY: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT VALESKY: The 15 resolution is adopted. 16 Senator Klein. 17 SENATOR KLEIN: Mr. President, at 18 this time I move that we adopt the Resolution 19 Calendar in its entirety, with the exception 20 of Senate Resolutions 5454 and 5519. 21 ACTING PRESIDENT VALESKY: All 22 those in favor of adopting the Resolution 23 Calendar in its entirety, with the exception 24 of Senate Resolutions 5454 and 5519, please 25 signify by saying aye.

Candyco Transcription Service, Inc. 1 (Response of "Aye.") 2 ACTING PRESIDENT VALESKY: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT VALESKY: The 6 Resolution Calendar is adopted. 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, I 9 move to take up Senate Resolution 5454, by 10 Senator Adams. I ask that the title of the 11 resolution be read and move for its immediate 12 adoption. 13 ACTING PRESIDENT VALESKY: The 14 Secretary will read. 15 THE SECRETARY: By Senator Adams, 16 Legislative Resolution Number 5454, 17 commemorating Memorial Day, Monday, May 31, 18 2010 in the State of New York. 19 ACTING PRESIDENT VALESKY: All 20 those in favor of adopting the resolution 21 please signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT VALESKY: 24 Opposed, nay. 25 (No response.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 resolution is adopted. 3 Senators Adams and Larkin have 4 indicated they would like to open the 5 resolution to the entire body for 6 cosponsorship. Any Senator wishing not to be 7 on the resolution please inform the desk. 8 Senator Larkin. 9 SENATOR LARKIN: Thank you, 10 Mr. President. 11 You know, some of us older guys are 12 getting a little tired when Memorial Day 13 becomes a holiday -- special barbecues, 14 special this, special that. 15 Memorial Day to me means something 16 special. Memorial Day means the day that we 17 make recognition for those who aren't here. 18 New York played a great role in establishing 19 Memorial Day when they went out after the 20 Civil War and put flowers on a lot of graves. 21 But what are we saying? Last year 22 we recognized 59 New Yorkers that were killed 23 in Afghanistan and Iraq. Just last weekend, 24 there was six more killed. 25 This is a day we should be paying

Candyco Transcription Service, Inc. 1 attention. There will be parades, but they're 2 not the parades that we used to know. Because 3 we've lost the spirit. And many of us are old 4 enough to encourage our young people to 5 respect the flag and respect the people who 6 have served this country. 7 Service to this country isn't easy. 8 We just saw a buffoon in Connecticut telling 9 people how he was in combat in Vietnam. What 10 a disgrace, a disgrace to 15,000 Marines whose 11 names are on the wall on that black metal in 12 Washington, D.C., all killed in Vietnam. 13 It is a shame, it is a shame that 14 we don't do more to show those who care. Our 15 military force today is an all-volunteer. It 16 isn't a draft one. It isn't "maybe the rule 17 will catch me." It's young men and women. 18 One thousand three graduated from 19 West Point Saturday. The President of the 20 United States, in his address, indicated to 21 them that this time next year two-thirds of 22 them will be in combat. Combat that they're 23 not afraid of. Combat because they knew four 24 years ago when they went to West Point that 25 they would be in harm's way.

Candyco Transcription Service, Inc. 1 So, you know, no matter what you do 2 this weekend, you should take a moment and 3 think how lucky we are as individuals that we 4 have men and women who know they're in harm's 5 way. 6 When the West Point cadets were 7 here, we had the First Captain, who has had 8 three tours before he ever got to West Point. 9 And as he said Saturday, "This is the happiest 10 day of my life, because I am now an officer in 11 the United States Army. And I am an infantry 12 officer that will lead people in combat." 13 Ladies and gentlemen, please, for 14 your own sake, if you don't think it's very 15 important, just think about it. What would we 16 do if we didn't have these men and women? We 17 would be a country without anything. 18 But we're blessed. We have men and 19 women who have said: I will serve, and I will 20 defend this great country of ours. 21 Mr. President, we should all stand 22 up for a moment of silence for those Americans 23 who have been killed in combat. There are 24 1.9 million Americans who have been awarded 25 the Purple Heart since World War II.

Candyco Transcription Service, Inc. 1 Thank you. 2 ACTING PRESIDENT VALESKY: Thank 3 you, Senator Larkin. 4 Per Senator Larkin's suggestion, I 5 would ask all Senators, staff, and visitors in 6 the chamber today to please rise and offer a 7 moment of silent reflection in honor of all of 8 those men and women who gave their lives in 9 defense of our state and nation. 10 (Whereupon, the assemblage 11 respected a moment of silence.) 12 ACTING PRESIDENT VALESKY: Thank 13 you, Senator Larkin. 14 Senator Nozzolio, on the 15 resolution. 16 SENATOR NOZZOLIO: Thank you, 17 Mr. President. 18 Mr. President and my colleagues, 19 there is no way that I could ever match 20 Senator Larkin's eloquence and commitment, as 21 second to none, a commitment to our nation. 22 I thank you, Senator Larkin, for 23 your service, for your leadership, for your 24 answering the call when our nation needed you 25 the most.

Candyco Transcription Service, Inc. 1 In 1966, a small town in New York 2 State was declared the official birthplace of 3 Memorial Day. That community of Waterloo, 4 New York is a community that, in the spirit of 5 Senator Larkin's remarks, takes their 6 obligations very seriously in honoring the 7 sacrifices of our nation's veterans. 8 Waterloo is the permanent home of 9 Memorial Day. Not just for the community, not 10 just for the state, but for the entire nation. 11 It serves each and every year as a powerful 12 reminder that freedom is not free but is paid 13 for with the courage, valor, sacrifice and 14 commitment of all our nation's veterans. 15 I am honored to represent the 16 community of Waterloo, proud of their holding 17 the torch, the birthplace of Memorial Day, 18 celebrating and commemorating that day 19 throughout the entire weekend, but especially 20 observing Memorial Day on its traditional day 21 of May 30th. 22 We must never forget how blessed it 23 is to be an American. Although certainly we 24 are in a nation now of high alert, the 25 terrorists are continuing to threaten our

Candyco Transcription Service, Inc. 1 nation, that New York itself has more soldiers 2 and sailors in harm's way than any other state 3 in this nation today. We have more reservists 4 than any other state who are on active duty, 5 fighting in Afghanistan and Iraq and in other 6 places across the globe defending freedom. 7 On this Memorial Day, give thought 8 to a quotation of those who care about this 9 day and show our gratitude for those who are 10 real heroes, who shed their blood to keep our 11 world free: A soldier belongs to their 12 family, but when a soldier falls, he belongs 13 to us all. And that's the spirit of Memorial 14 Day. 15 And thank you, Senator Larkin, for 16 your leadership in making this body recognize 17 its significance of Memorial Day. Thank you, 18 Senator. 19 Thank you, Mr. President. 20 ACTING PRESIDENT VALESKY: Thank 21 you, Senator Nozzolio. 22 Are there any other Senators who 23 wish to be heard? 24 Seeing none, the question has 25 already been called. The resolution is

Candyco Transcription Service, Inc. 1 adopted. And as previously indicated, it is 2 open for cosponsorship. 3 Senator Craig Johnson. 4 SENATOR CRAIG JOHNSON: Mr. 5 President, at this time I move to take up 6 Senate Resolution 5519, by Senator Aubertine. 7 I ask that the title of the resolution be read 8 and move for its immediate adoption. 9 ACTING PRESIDENT VALESKY: The 10 Secretary will read. 11 THE SECRETARY: By Senator 12 Aubertine, Legislative Resolution Number 5519, 13 commending the courageous Fort Drum soldiers 14 for their valiant military service, each of 15 whom made the ultimate sacrifice serving their 16 beloved country as members of the United 17 States Army. 18 ACTING PRESIDENT VALESKY: 19 Senator Aubertine, on the resolution. 20 SENATOR AUBERTINE: Thank you, 21 Mr. President. 22 Mr. President, today this 23 resolution before us honors the many soldiers 24 who have served at Fort Drum and lost their 25 lives in the defense of our freedoms in

Candyco Transcription Service, Inc. 1 Afghanistan and Iraq since 2002 up till 2 April 30th of this year. 3 As you know, Mr. President, 4 Fort Drum is home of the Tenth Mountain 5 Division, our nation's most deployed military 6 division. They and their families make a home 7 in the North Country, coming from our 8 communities and from all parts of this great 9 nation. 10 It's important that this body 11 recognize those who have paid the ultimate 12 sacrifice. In the North Country, we're 13 constantly reminded of these sacrifices that 14 have been made. Just last week, two soldiers 15 from Fort Drum lost their lives, and their 16 service and sacrifice will not be forgotten. 17 It really drives home the point how much is at 18 stake for our soldiers and why it is so 19 important to commend each and every soldier's 20 selfless act of giving to protect our way of 21 life. 22 So in the true spirit of Memorial 23 Day, I ask all of my fellow legislators and 24 all of us here in this chamber to support this 25 resolution and remember our fallen servicemen

Candyco Transcription Service, Inc. 1 and women. And in so doing, we honor all 2 servicemen and women. 3 And for the record, Fort Drum, 4 since the beginning of the Iraq War in 2003, 5 we've lost over 300 soldiers. And that's a 6 constant reminder for all of us in the North 7 Country. 8 Thank you, Mr. President. 9 ACTING PRESIDENT VALESKY: Thank 10 you, Senator Aubertine. 11 The question is on the resolution. 12 All in favor 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 is adopted. 19 Senator Aubertine has indicated he 20 would like the resolution open for 21 cosponsorship. Any Senator wishing not to 22 cosponsor should notify the desk. 23 Senator Johnson. 24 SENATOR CRAIG JOHNSON: Mr. 25 President, is there any further business at

Candyco Transcription Service, Inc. 1 the desk? 2 ACTING PRESIDENT VALESKY: The 3 desk is clear. 4 SENATOR CRAIG JOHNSON: Mr. 5 President, there being no further business at 6 the desk, I move that we adjourn until 7 Thursday, May 27th, at 3:00 p.m. 8 ACTING PRESIDENT VALESKY: On 9 motion, there being no further business to 10 come before the Senate, the Senate stands 11 adjourned until Thursday, May 27th, at 12 3:00 p.m. 13 (Whereupon, at 4:24 p.m., the 14 Senate adjourned.) 15 16 17 18 19 20 21 22 23 24 25

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