Tuesday, February 15, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 15, 2011 11 11:40 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH GRIFFO, Acting President 19 FRANCIS W. PATIENCE, 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 GRIFFO: The 3 Senate will come to order. 4 I ask all present to please rise 5 and recite the Pledge of Allegiance with me. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT GRIFFO: In the 9 absence of clergy, I ask all to bow their 10 heads for a moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT GRIFFO: The 14 reading of the Journal. 15 The Secretary will read. 16 THE SECRETARY: In Senate, 17 Monday, February 14, the Senate met pursuant 18 to adjournment. The Journal of Sunday, 19 February 13, was read and approved. On 20 motion, Senate adjourned. 21 ACTING PRESIDENT GRIFFO: Without 22 objection, the Journal stands approved as 23 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 Libous. 8 SENATOR LIBOUS: Thank you, 9 Mr. President. 10 On behalf of Senator Maziarz, 11 Mr. President, on page 8 I offer the following 12 amendments to Calendar Number 10, Senate Print 13 Number 177, and I ask that said bill retain 14 its place on the Third Reading Calendar. 15 ACTING PRESIDENT GRIFFO: The 16 amendments are received, and the bill will 17 retain its place on Third Reading Calendar. 18 Senator Libous. 19 SENATOR LIBOUS: Thank you, 20 Mr. President. 21 Mr. President, at this time I'd 22 like to adopt the Resolution Calendar, with 23 the exception of Resolutions 492, 532, 534 and 24 537. 25 ACTING PRESIDENT GRIFFO: The

Candyco Transcription Service, Inc. 1 motion is to adopt the Resolution Calendar, 2 with the exception of Resolutions 532, 534, 3 537 and 492. All in favor please signify by 4 saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT GRIFFO: 7 Opposed, if any. 8 (No response.) 9 ACTING PRESIDENT GRIFFO: The 10 Resolution Calendar is adopted. 11 Senator Libous. 12 SENATOR LIBOUS: Mr. President, 13 Senator Breslin has a resolution, Number 534, 14 at the desk. Could we please have the title 15 read and move for its immediate adoption. 16 ACTING PRESIDENT GRIFFO: The 17 Secretary will read. 18 THE SECRETARY: By Senator 19 Breslin, Legislative Resolution Number 534, 20 commending John McLoughlin upon the occasion 21 of his more than 35 years of distinguished 22 journalistic service to WTEN-News 10, Albany, 23 New York. 24 ACTING PRESIDENT GRIFFO: Senator 25 Breslin.

Candyco Transcription Service, Inc. 1 SENATOR BRESLIN: Thank you, 2 Mr. President. 3 I rise in support of the resolution 4 honoring John McLoughlin, who is now retiring. 5 And I know that a lot of members of this body 6 as well as in the Assembly take a big sigh of 7 relief knowing they will no longer be asked 8 questions by John McLoughlin. 9 And when elected officials stand up 10 to microphones, they frequently in their minds 11 say, I know the ten questions I want to 12 answer; there's one I don't. And John 13 McLoughlin would invariably ask that question. 14 But he'd always do it with a twinkle in his 15 eye, with the penetration of the elected 16 official being the victim. 17 John McLoughlin was the consummate 18 journalist, TV journalist, spending 35 years 19 at Channel 10. And he's a native of the area. 20 He's a graduate of La Salle Institute in Troy 21 and, for some of the older members, graduated 22 in the same high school class with Mike 23 Hoblock. And I happen to have graduated the 24 same year from a competitive high school, 25 Vincentian Institute.

Candyco Transcription Service, Inc. 1 But over the years the respect that 2 I have for John McLoughlin has grown and grown 3 and grown. From a writer with local 4 newspapers, some background at Siena College 5 and the Columbia School of Journalism, John 6 was an excellent writer. He then went to 7 Channel 10, where he really blossomed, 8 becoming some years ago the managing editor. 9 But he is truly, truly the master 10 of his craft. We will miss him, although I 11 somehow feel that we will see him in the 12 not-too-distant future coming back on at least 13 a part-time basis to again ask all of us those 14 probative questions that allow his viewers to 15 have insight into what we do here in the 16 Legislature. 17 Thank you, Mr. President. 18 ACTING PRESIDENT GRIFFO: Thank 19 you, Senator Breslin. 20 Senator Farley, on the resolution. 21 SENATOR FARLEY: Thank you. 22 I rise to pay tribute to John 23 McLoughlin, a noble Trojan -- as is noble 24 counsel up there, Jack Casey. 25 John McLoughlin was one of a kind,

Candyco Transcription Service, Inc. 1 to say the least. He would always approach 2 you in a mischievous way, many times. And I 3 can recall one instance with Senator Bruno at 4 a press conference, he was going over the 5 budget, and he asked some sort of a pointed 6 question that Senator Bruno didn't care for. 7 And he says, "Here's the whole budget, you 8 read it for yourself." He threw the whole 9 budget at him, which was that high -- and 10 McLoughlin caught it. 11 But he was really somebody that 12 made a difference. He made watching the news 13 entertaining, I think more than almost any 14 reporter that I know. He had the Irish wit. 15 And he was a very, very courageous newsman who 16 really asked the hard questions. 17 And truly I think of all the people 18 that I've known in this media business, John 19 McLoughlin stands out as one of the most 20 outstanding that has ever served this Capitol. 21 He knew where every body was buried, and he 22 tried to look them up too. 23 And John will be missed, but I'm 24 sure that we're going to see more of him. And 25 I rise to pay tribute to him.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT GRIFFO: Thank 2 you, Senator Farley. 3 Senator Libous. 4 SENATOR LIBOUS: Thank you, 5 Mr. President. 6 I want to add also, with my 7 colleagues, I too will miss John McLoughlin. 8 John was always that one reporter that you 9 tried to get away from -- Senator Breslin, 10 you're right -- because you knew he was going 11 to ask you the very tough question. 12 And he always did it in his own 13 way. He waited until -- you'd be in the 14 hallway, there would be a swarm of reporters 15 around you, and then this arm would come out 16 and he'd kind of grab you by the arm, and he'd 17 go, "Senator, can you stay for a minute so I 18 can talk to you?" And I'd be like, Darn, he 19 caught me. 20 But he certainly was the dean of 21 the news media. He was a great guy. And even 22 when he asked you the very, very tough 23 questions, as Senator Farley said, he did it 24 in a very nice way. And when you got done, 25 he'd always say "Thank you." And then you'd

Candyco Transcription Service, Inc. 1 walk away scratching your head and wondering, 2 Oh, boy, what did I say. 3 So I want to join my colleagues in 4 saying farewell, obviously, to a real giant in 5 the news service business here in Albany, and 6 someone that I've enjoyed working with and 7 having him be a part of this Capitol and a 8 small part of my life over the past few years. 9 Thank you. 10 ACTING PRESIDENT GRIFFO: Thank 11 you, Senator Libous. 12 Any other Senator wishing to be 13 heard on the resolution? 14 (No response.) 15 ACTING PRESIDENT GRIFFO: The 16 question is on the resolution. All in favor 17 signify by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT GRIFFO: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT GRIFFO: The 23 resolution is adopted. 24 Senator Libous. 25 SENATOR LIBOUS: Mr. President, I

Candyco Transcription Service, Inc. 1 believe Senator Breslin would like members 2 to -- if all members would go on the 3 resolution. 4 And as we normally do in our custom 5 and policy, if you do not want to be on the 6 resolution, the Senator has opened it up, let 7 the desk know; otherwise, we will all be on 8 the resolution. 9 ACTING PRESIDENT GRIFFO: The 10 resolution is open for cosponsorship. If you 11 choose not to be a cosponsor, please notify 12 the desk. 13 Senator Libous. 14 SENATOR LIBOUS: Thank you, 15 Mr. President. I believe Senator Kennedy has 16 Resolution 492 at the desk. Could I ask for 17 its title to be read, and would you call on 18 Senator Kennedy, please. 19 ACTING PRESIDENT GRIFFO: The 20 Secretary will read. 21 THE SECRETARY: By Senator 22 Kennedy, Legislative Resolution Number 492, 23 honoring Marjorie S. Ryan upon the occasion of 24 her designation as recipient of the Tom Sands 25 Community Service Award by Bishop Timon

Candyco Transcription Service, Inc. 1 St. Jude High School. 2 ACTING PRESIDENT GRIFFO: Senator 3 Kennedy on the resolution. 4 SENATOR KENNEDY: Thank you, 5 Mr. President. I'd also like to thank Senator 6 Libous for his accommodation today. 7 I rise today to recognize Marjorie 8 S. Ryan, whom all in South Buffalo know simply 9 as "Marge." This Saturday, Marge will be 10 awarded the Tom Sands Community Service Award 11 by Bishop Timon St. Jude High School. 12 Marge is a lifelong resident of 13 South Buffalo. She's been a stalwart advocate 14 for volunteerism and community service, two 15 attributes which she has exemplified in her 16 unending dedication to the beautification and 17 betterment of our community. 18 As the president of South Buffalo 19 Alive, a nonprofit organization dedicated to 20 improving the quality of life in South 21 Buffalo, Marge has worked diligently to 22 complete a variety of beautification projects 23 throughout the neighborhood. One major 24 example of Marge's work: The reconstruction 25 and restoration of McClellan and McKinley

Candyco Transcription Service, Inc. 1 Circles on McKinley Parkway, originally 2 designed by Frederick Law Olmstead. The 3 project has added color and beauty to the 4 central parkway while remaining true to the 5 design and vision by the nationally acclaimed 6 landscape architect. 7 Other projects spearheaded by Marge 8 include the restoration of Morgan Park, the 9 annual Christmas tree lighting on Potters and 10 Abbott Road, the Bricks in the Bowl Initiative 11 in Cazenovia Park, the Tim Russert Children's 12 Garden on South Park Avenue, the stone 13 flowerpots on South Park Avenue, the Annual 14 South Buffalo Garden Walk, and many others. 15 Marge and many other volunteers and 16 members of South Buffalo Alive put in 17 countless hours maintaining the open green 18 spaces in South Buffalo, keeping the 19 neighborhood welcoming and beautiful for all 20 to come and visit. 21 In addition to her beautification 22 efforts, Marge has played a crucial role in 23 advising policymakers and project designers as 24 to what the needs of all South Buffalonians 25 are, whether it is the Outer Harbor Parkway or

Candyco Transcription Service, Inc. 1 the South Park Avenue Revitalization Project 2 or many other projects. 3 When you need to know what will 4 work best for South Buffalo, you go to Marge 5 Ryan. Marge's voice is an important aspect of 6 every restoration and beautification project 7 within South Buffalo. 8 As an advocate, a preservationist, 9 a volunteer and a friend, Marge has always 10 been a leader within our community, the South 11 Buffalo community, and the greater Western 12 New York community. It is with great pride 13 that the New York State Senate congratulates 14 Marge Ryan, her husband, Tom, her children and 15 grandchildren on this great honor recognizing 16 her commitment to community service. 17 Again, I thank Senator Libous for 18 this opportunity to speak on behalf of Marge 19 Ryan, who is not with us physically today but 20 is watching on the Internet from Western 21 New York. 22 Thank you very much, Mr. President. 23 ACTING PRESIDENT GRIFFO: Thank 24 you, Senator Kennedy. 25 Is there any other Senator wishing

Candyco Transcription Service, Inc. 1 to be heard on the resolution? 2 (No response.) 3 ACTING PRESIDENT GRIFFO: There 4 being none, the question is on the resolution. 5 All in favor signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT GRIFFO: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT GRIFFO: The 11 resolution is adopted. 12 Senator Libous. 13 SENATOR LIBOUS: Mr. President, I 14 believe there is a resolution at the desk by 15 Senator Hassell-Thompson. May we please have 16 its title read and call on Senator 17 Hassell-Thompson, please. 18 ACTING PRESIDENT GRIFFO: The 19 Secretary will read. 20 THE SECRETARY: By Senator 21 Hassell-Thompson, Legislative Resolution 22 Number 532, commemorating the 50th anniversary 23 of the historical New Rochelle schools 24 desegregation suit, the "Little Rock of the 25 North."

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT GRIFFO: Senator 2 Hassell-Thompson. 3 SENATOR HASSELL-THOMPSON: Thank 4 you, Mr. President. 5 Just very briefly, I would like to 6 thank the President for allowing this 7 resolution to go forward. 8 This is the fiftieth anniversary of 9 the historical New Rochelle desegregation 10 case, known as the "Little Rock of the North." 11 During Black History Month and throughout the 12 year, I believe it is important to reflect on 13 the struggles and victories of 14 African-Americans throughout our country's 15 history and to recognize their numerous 16 valuable contributions to society. 17 We would like to believe that in 18 2011 that cases of desegregation are gone 19 forever. Not so. Therefore, it is important 20 for us to recall the importance of cases like 21 Brown versus the Board of Education in Topeka, 22 Kansas, of 1954, where the United States ruled 23 that separate but equal schools are inherently 24 unequal, and therefore the New Rochelle school 25 case, which happened seven years later.

Candyco Transcription Service, Inc. 1 Thank you again, Mr. President. 2 And those who would be like to sign onto this 3 resolution, I will accept their doing so and 4 would be pleased if they would support this 5 resolution. 6 Thank you, Mr. President. 7 ACTING PRESIDENT GRIFFO: Thank 8 you, Senator Hassell-Thompson. 9 Any other Senator wishing to be 10 heard on the resolution? 11 (No response.) 12 ACTING PRESIDENT GRIFFO: There 13 being none, the question is on the resolution. 14 All in favor signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT GRIFFO: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT GRIFFO: The 20 resolution is adopted. 21 Senator Libous. 22 SENATOR LIBOUS: Thank you, 23 Mr. President. 24 There is another resolution at the 25 desk by Senator Carlucci, Number 537. Could

Candyco Transcription Service, Inc. 1 you please have its title read and call on 2 Senator Carlucci, please. 3 ACTING PRESIDENT GRIFFO: The 4 Secretary will read. 5 THE SECRETARY: By Senator 6 Carlucci, Legislative Resolution Number 537, 7 mourning the death of Craig Miller, a 8 decorated Vietnam veteran, distinguished 9 citizen and devoted member of his community. 10 ACTING PRESIDENT GRIFFO: Senator 11 Carlucci on the resolution. 12 SENATOR CARLUCCI: Thank you, 13 Mr. President. 14 I wanted to take this time to honor 15 Craig Miller, who, as said in the title, is a 16 decorated Vietnam veteran, distinguished 17 citizen, and devoted and dedicated member of 18 his community. Unfortunately, Craig Miller 19 passed away on Thursday, January 27th, of this 20 year. 21 Craig Miller was a hometown hero 22 serving as a member of the 173rd United States 23 Army Airborne Brigade during Vietnam. After 24 the death of his fellow soldier Nicholas 25 Lesando, Jr., Craig Miller accompanied the

Candyco Transcription Service, Inc. 1 body of his friend when it was brought home to 2 the United States right in Warwick, New York. 3 He then volunteered to go back to 4 Vietnam, where he was seriously wounded and 5 spent months at a hospital in Japan. He then 6 returned to the United States and earned the 7 Purple Heart for his valiant military service. 8 I would ask that this legislative 9 body pause in its deliberations to mourn the 10 death of Craig Miller, a decorated Vietnam 11 veteran, a distinguished citizen, and a 12 dedicated and committed member of his 13 community. 14 Thank you, Mr. President. 15 ACTING PRESIDENT GRIFFO: Thank 16 you, Senator Carlucci. 17 Senator Larkin. 18 SENATOR LARKIN: Thank you, 19 Mr. President. 20 And thank you, Senator Carlucci, 21 for allowing me to join you. 22 I knew the Miller family when I was 23 a member of the Assembly. Craig always gave 24 the impression that he had total respect for 25 his fellow man. He didn't care who it was, he

Candyco Transcription Service, Inc. 1 was there. 2 When he went away in the service 3 somebody said, "My God, he's so dangerous he 4 may get killed." He didn't. Some of his 5 friends did. But he sacrificed himself being 6 wounded by going out and getting somebody 7 back. 8 He had a total commitment. The 9 community mourned, his death was a shock 10 because everybody thought of Craig as an 11 individual that was needed by the community. 12 Those of us who are associated with 13 the Purple Heart Hall of Honor are very 14 saddened because we were trying to get Craig 15 in to work with us so that a lot of young 16 people who have received the Purple Hearts 17 would come down and be part of the system. He 18 didn't want the glory, but he did help us a 19 lot. More importantly, he showed our country 20 and the world what good, solid, hardworking, 21 dedicated, committed Americans are about. 22 He will be a loss as the community 23 mourns the sad passing of a dedicated 24 individual. 25 Thank you, Mr. President.

Candyco Transcription Service, Inc. 1 Thank you, Senator Carlucci. 2 ACTING PRESIDENT GRIFFO: Thank 3 you, Senator Larkin. 4 Is there any other Senator wishing 5 to be heard? 6 The question is on the resolution. 7 All in favor signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT GRIFFO: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT GRIFFO: The 13 resolution is adopted. 14 Senator Libous. 15 SENATOR LIBOUS: Mr. President, 16 if we could go back to Senator 17 Hassell-Thompson's resolution, she would like 18 to open that up for sponsorship. 19 So as we do with our policy, if 20 someone does not wish to be on the resolution, 21 please let the desk know. Otherwise, we will 22 all be on it for sponsorship. 23 Thank you, Senator. 24 ACTING PRESIDENT GRIFFO: The 25 resolution is open for cosponsorship. If you

Candyco Transcription Service, Inc. 1 choose not to be a cosponsor, please notify 2 the desk. 3 Thank you, Senator Libous. 4 Senator Libous. 5 SENATOR LIBOUS: Mr. President, I 6 believe that Senator Sampson has three 7 privileged resolutions at the desk. If we 8 could have the titles read and adopt them. 9 ACTING PRESIDENT GRIFFO: The 10 Secretary will read. 11 THE SECRETARY: By Senator 12 Sampson, legislative resolution commending 13 Reverend Sharon E. Codner-Walker upon the 14 occasion of her designation for special 15 recognition by the United Christian Church. 16 ACTING PRESIDENT GRIFFO: The 17 question is on the resolution. All in favor 18 signify by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT GRIFFO: 21 Opposed? 22 (No response.) 23 ACTING PRESIDENT GRIFFO: The 24 resolution is adopted. 25 The Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: By Senator 2 Sampson, legislative resolution commending the 3 Asian-American Bar Association of New York 4 upon the occasion of hosting its 22nd Annual 5 Banquet. 6 ACTING PRESIDENT GRIFFO: The 7 question is on the resolution. All in favor 8 signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT GRIFFO: 11 Opposed? 12 (No response.) 13 ACTING PRESIDENT GRIFFO: The 14 resolution is adopted. 15 The Secretary will read. 16 THE SECRETARY: By Senator 17 Sampson, legislative resolution commending 18 First Presbyterian Church of Brooklyn upon the 19 occasion of hosting the 17th Annual Police 20 Appreciation Day Service on Sunday, 21 February 27, 2011. 22 ACTING PRESIDENT GRIFFO: The 23 question is on the resolution. All in favor 24 signify by saying aye. 25 (Response of "Aye.")

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT GRIFFO: 2 Opposed? 3 (No response.) 4 ACTING PRESIDENT GRIFFO: The 5 resolution is adopted. 6 Senator Libous. 7 SENATOR LIBOUS: Mr. President, 8 before I ask if there's any further business 9 at the desk, I believe there will be a 10 Veterans and Homeland Security Committee 11 meeting immediately following session in 12 Room 124. 13 And then if you could please call 14 on Senator Hassell-Thompson, we will then do 15 our housekeeping. 16 ACTING PRESIDENT GRIFFO: Senator 17 Hassell-Thompson, for an announcement. 18 SENATOR HASSELL-THOMPSON: Thank 19 you, Mr. President. 20 There will be an immediate meeting 21 of the Democratic Conference in the Democratic 22 Conference Room following session. 23 ACTING PRESIDENT GRIFFO: There 24 will be a meeting of the Democratic Conference 25 in the Democratic Conference Room, and there

Candyco Transcription Service, Inc. 1 will be a meeting of the Veterans and Homeland 2 Security Committee in Room 124 following 3 session. 4 SENATOR LIBOUS: Mr. President,is 5 there any further business at the desk? 6 ACTING PRESIDENT GRIFFO: There 7 is no other business before the desk, 8 Senator Libous. 9 SENATOR LIBOUS: Thank you, 10 Mr. President. 11 There being no further business to 12 come before the Senate today, I move that we 13 adjourn until Monday, February 28th, at 14 3:00 p.m., intervening days being legislative 15 days. 16 ACTING PRESIDENT GRIFFO: On 17 motion, the Senate stands adjourned until 18 Monday, February 28th, at 3:00 p.m., 19 intervening days being legislative days. 20 (Whereupon, at 12:00 p.m., the 21 Senate adjourned.) 22 23 24 25

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