Thursday, May 27, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 27, 2010 11 3:43 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR NEIL D. BRESLIN, 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 BRESLIN: The 3 Senate will please come to order. 4 I ask all to rise and repeat with 5 me the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT BRESLIN: In the 9 absence of clergy, may we bow our heads for a 10 moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT BRESLIN: The 14 reading of the Journal. 15 The Secretary will read. 16 THE SECRETARY: In Senate, 17 Wednesday, May 26, the Senate met pursuant to 18 adjournment. The Journal of Tuesday, May 25, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT BRESLIN: 22 Without objection, the Journal stands approved 23 as read. 24 Presentation of petitions. 25 Messages from the Assembly.

Candyco Transcription Service, Inc. 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, on 9 behalf of Senator Schneiderman, on page number 10 19 I offer the following amendments to 11 Calendar Number 336, Senate Print Number 7141, 12 and ask that said bill retain its place on 13 Third Reading Calendar. 14 ACTING PRESIDENT BRESLIN: So 15 ordered. 16 Senator Klein. 17 SENATOR KLEIN: Mr. President, I 18 believe there are substitutions at the desk. 19 I ask that we make the substitutions at this 20 time. 21 ACTING PRESIDENT BRESLIN: 22 Senator Klein, there are substitutions at the 23 desk. 24 The Secretary will read. 25 THE SECRETARY: On page 20,

Candyco Transcription Service, Inc. 1 Senator Volker moves to discharge, from the 2 Committee on Judiciary, Assembly Bill Number 3 9070A and substitute it for the identical 4 Senate Bill Number 7170A, Third Reading 5 Calendar 344. 6 On page 33, Senator C. Kruger moves 7 to discharge, from the Committee on Finance, 8 Assembly Bill Number 8556A and substitute it 9 for the identical Senate Bill Number 5710A, 10 Third Reading Calendar 563. 11 On page 33, Senator Sampson moves 12 to discharge, from the Committee on Judiciary, 13 Assembly Bill Number 8392C and substitute it 14 for the identical Senate Bill Number 7288A, 15 Third Reading Calendar 572. 16 On page 35, Senator 17 Hassell-Thompson moves to discharge, from the 18 Committee on Investigations and Government 19 Operations, Assembly Bill Number 8952 and 20 substitute it for the identical Senate Bill 21 Number 5570A, Third Reading Calendar 589. 22 On page 37, Senator Squadron moves 23 to discharge, from the Committee on Housing, 24 Construction and Community Development, 25 Assembly Bill Number 620 and substitute it for

Candyco Transcription Service, Inc. 1 the identical Senate Bill Number 4403, Third 2 Reading Calendar 605. 3 On page 37, Senator Klein moves to 4 discharge, from the Committee on Codes, 5 Assembly Bill Number 5823 and substitute it 6 for the identical Senate Bill Number 1901, 7 Third Reading Calendar 611. 8 On page 38, Senator Sampson moves 9 to discharge, from the Committee on Codes, 10 Assembly Bill Number 7569A and substitute it 11 for the identical Senate Bill Number 4532A, 12 Third Reading Calendar 612. 13 And on page 38, Senator Sampson 14 moves to discharge, from the Committee on 15 Codes, Assembly Bill Number 8393A and 16 substitute it for the identical Senate Bill 17 Number 5696A, Third Reading Calendar 613. 18 ACTING PRESIDENT BRESLIN: 19 Substitutions ordered. 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, at 22 this time can we please go to a reading of the 23 calendar. 24 ACTING PRESIDENT BRESLIN: The 25 Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 106, by Senator Klein, Senate Print 6343A, an 3 act to amend the Agriculture and Markets Law. 4 ACTING PRESIDENT BRESLIN: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 180th day. 8 ACTING PRESIDENT BRESLIN: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT BRESLIN: 12 Announce the results. 13 THE SECRETARY: Ayes, 52. 14 ACTING PRESIDENT BRESLIN: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 415, by Senator Schneiderman, Senate Print 18 4394A, an act to amend the Penal Law. 19 ACTING PRESIDENT BRESLIN: Read 20 the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect on the 90th day. 23 ACTING PRESIDENT BRESLIN: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Senator DeFrancisco, to explain his vote. 3 SENATOR DeFRANCISCO: Yes, I'm 4 going to vote no. I've done this many times. 5 I think we did it a couple of days ago on one 6 of Senator Parker's bills to protect 7 sanitation workers of some type. 8 The whole purpose of this bill is 9 to add sanitation workers to the protected 10 class, like police officers and firemen, which 11 will increase an assault to a higher degree 12 because of the status of the individual. 13 I certainly have no problem giving 14 special protection to sanitation workers, but 15 I have a difficult time figuring out how 16 sanitation workers or code enforcement 17 officers or housing inspectors or any other 18 inspector has a less dangerous job than 19 sanitation workers. 20 So once again, I think these bills 21 are basically to pander to a certain group 22 rather than have any logic behind who the 23 special class is that we're trying to give 24 special protection for. 25 So I'm going to vote no.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Senator DeFrancisco to be recorded in the 3 negative. 4 Senator Volker, to explain his 5 vote. 6 SENATOR VOLKER: You know, I 7 agree with Senator DeFrancisco in many ways, 8 and having sponsored some of these bills. 9 But I have to explain why these 10 bills happen. And the answer to a certain 11 extent is because for almost a decade, as 12 chairman of Codes, I tried to convince the 13 Assembly to upgrade assault penalties to a 14 degree that seemed responsible and -- well, 15 responsible. 16 Unfortunately, the Assembly refused 17 to do it. At one time I had like eight or 18 nine assault bills on the agenda that would 19 gradually upgrade penalties to deal with the 20 severity of the assault, the -- in some ways, 21 the people, because they were the most likely 22 to be assaulted. 23 Unfortunately, the Assembly has 24 taken the attitude -- for instance, if you 25 make it an E felony, why, then, the judge will

Candyco Transcription Service, Inc. 1 let it be pleaded down to A misdemeanor where 2 it's now an A misdemeanor. And those defense 3 attorneys don't want it an A misdemeanor, they 4 want to be able to get it down to a B 5 misdemeanor because of their clients. 6 So the truth is that assault is one 7 of the most undervalued statutes as a statute 8 in the entire penal code. And I personally 9 think it's ridiculous that people who are 10 involved in some severe assaults are punished 11 very minorly because the Assembly has 12 people -- and has for years -- that just do 13 not want to take any chances on somebody going 14 to jail for assaulting. Unless it's somebody 15 who's a higher-profile person or something of 16 that nature. 17 So I agree with my colleague that 18 this is kind of silly, except that the reason, 19 John, that this happens is because the 20 Assembly has refused for years to deal with 21 the issue of assault. 22 I vote aye. 23 ACTING PRESIDENT BRESLIN: 24 Senator Volker will be recorded in the 25 affirmative.

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 415 are 4 Senators DeFrancisco, Little and Ranzenhofer. 5 Ayes, 52. Nays, 3. 6 ACTING PRESIDENT BRESLIN: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 461, by Member of the Assembly Ortiz, Assembly 10 Print Number 6453A, an act to amend the 11 Education Law and the Public Health Law. 12 ACTING PRESIDENT BRESLIN: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT BRESLIN: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT BRESLIN: 20 Announce the results. 21 THE SECRETARY: Ayes, 54. Nays, 22 1. Senator Ranzenhofer recorded in the 23 negative. 24 ACTING PRESIDENT BRESLIN: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 482, by Member of -- 3 SENATOR KLEIN: Lay the bill 4 aside for the day, please. 5 ACTING PRESIDENT BRESLIN: The 6 bill is laid aside for the day. 7 THE SECRETARY: Calendar Number 8 501, by Member of the Assembly Meng, Assembly 9 Print Number 9220A, an act to amend the Penal 10 Law and the Executive Law. 11 ACTING PRESIDENT BRESLIN: Read 12 the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect on the first of 15 November. 16 ACTING PRESIDENT BRESLIN: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT BRESLIN: 20 Announce the results. 21 THE SECRETARY: Ayes, 55. 22 ACTING PRESIDENT BRESLIN: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 502, by Senator Valesky, Senate Print 2622, an

Candyco Transcription Service, Inc. 1 act to amend the Environmental Conservation 2 Law. 3 ACTING PRESIDENT BRESLIN: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT BRESLIN: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT BRESLIN: 11 Announce the results. 12 THE SECRETARY: Ayes, 55. 13 ACTING PRESIDENT BRESLIN: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 513, by Senator Espada, Senate Print 7421, an 17 act to amend the Private Housing Finance Law. 18 ACTING PRESIDENT BRESLIN: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT BRESLIN: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Ayes, 55. 3 ACTING PRESIDENT BRESLIN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 516, by Member of the Assembly Magee, Assembly 7 Print Number 10556, an act to amend the 8 Agriculture and Markets Law. 9 ACTING PRESIDENT BRESLIN: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT BRESLIN: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT BRESLIN: 17 Announce the results. 18 THE SECRETARY: Ayes, 55. 19 ACTING PRESIDENT BRESLIN: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 517, by Senator -- 23 SENATOR KLEIN: Lay the bill 24 aside for the day, please. 25 ACTING PRESIDENT BRESLIN: The

Candyco Transcription Service, Inc. 1 bill is laid aside for the day. 2 THE SECRETARY: Calendar Number 3 519, by Senator Squadron, Senate Print 5283, 4 an act to amend the Tax Law. 5 ACTING PRESIDENT BRESLIN: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT BRESLIN: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT BRESLIN: 13 Announce the results. 14 THE SECRETARY: Ayes, 55. 15 ACTING PRESIDENT BRESLIN: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 521, by Senator Foley, Senate Print 5800, an 19 act to amend the Education Law. 20 ACTING PRESIDENT BRESLIN: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT BRESLIN: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT BRESLIN: 3 Announce the results. 4 THE SECRETARY: Ayes, 55. 5 ACTING PRESIDENT BRESLIN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 532, by Member -- 9 SENATOR KLEIN: Lay the bill 10 aside for the day, please. 11 ACTING PRESIDENT BRESLIN: The 12 bill is laid aside for the day. 13 Senator Klein, that completes the 14 reading of the noncontroversial calendar. 15 SENATOR KLEIN: Mr. President, 16 can we please stand at ease. 17 ACTING PRESIDENT BRESLIN: The 18 Senate will stand at ease. 19 (Whereupon, the Senate stood at 20 ease at 3:54 p.m.) 21 (Whereupon, the Senate reconvened 22 at 4:41 p.m.) 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Klein. 25 SENATOR KLEIN: Mr. President, is

Candyco Transcription Service, Inc. 1 there any further business at the desk? 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator Klein, the desk is clear. 4 SENATOR KLEIN: Can you please 5 recognize Senator Libous for a brief 6 announcement. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Libous. 9 SENATOR LIBOUS: Thank you, 10 Mr. President. 11 There will be a brief Republican 12 conference immediately following session. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 There will be a brief Republican conference 15 immediately following session in the 16 Republican Conference Room. 17 Senator Klein. 18 SENATOR KLEIN: Mr. President, 19 there being no further business at the desk, I 20 move that we adjourn until Friday, May 28th, 21 at 9:00 a.m. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 There being no further business to come before 24 the Senate, on motion, the Senate stands 25 adjourned until Friday, May 28th, at 9:00 a.m.

Candyco Transcription Service, Inc. 1 (Whereupon, at 4:42 p.m., the 2 Senate adjourned.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Candyco Transcription Service, Inc.