Regular Session - March 11, 2010

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

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         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    March 11, 2010

        11                      11:32 a.m.

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        14                    REGULAR SESSION

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        18  SENATOR DAVID J. VALESKY, Acting President

        19  ANGELO J. APONTE, Secretary

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         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:    In the

        10       absence of clergy, may we bow our heads in a

        11       moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT VALESKY:    The

        15       reading of the Journal.

        16                  The Secretary will read.

        17                  THE SECRETARY:    In Senate,

        18       Wednesday, March 10, the Senate met pursuant

        19       to adjournment.  The Journal of Tuesday,

        20       March 9, was read and approved.  On motion,

        21       Senate adjourned.

        22                  ACTING PRESIDENT VALESKY:

        23       Without objection, the Journal stands approved

        24       as read.

        25                  Presentation of petitions.



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         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       believe Senator Maziarz has a resolution at

        11       the desk.  I ask that the title of the

        12       resolution be read and move for its immediate

        13       adoption.

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Klein, has this resolution been deemed

        16       privileged and submitted by the office of the

        17       Temporary President?

        18                  SENATOR KLEIN:    Yes,

        19       Mr. President.

        20                  ACTING PRESIDENT VALESKY:    The

        21       Secretary will read.

        22                  THE SECRETARY:    By Senator

        23       Maziarz, legislative resolution mourning the

        24       untimely death of Specialist Alan N. Dikcis of

        25       Wheatfield, New York, and paying tribute to



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         1       his courageous actions as a member of the

         2       United States Army.

         3                  ACTING PRESIDENT VALESKY:    The

         4       question is on the resolution.  All in favor

         5       signify by saying aye.

         6                  (Response of "Aye.")

         7                  ACTING PRESIDENT VALESKY:

         8       Opposed, nay.

         9                  (No response.)

        10                  ACTING PRESIDENT VALESKY:    The

        11       resolution is adopted.

        12                  Senator Klein.

        13                  SENATOR KLEIN:    Mr. President, I

        14       believe Senator Sampson has a resolution at

        15       the desk.  I ask that the title of the

        16       resolution be read and move for its immediate

        17       adoption.

        18                  ACTING PRESIDENT VALESKY:

        19       Senator Klein, has this resolution been deemed

        20       privileged and submitted by the office of the

        21       Temporary President?

        22                  SENATOR KLEIN:    Yes, it has,

        23       Mr. President.

        24                  ACTING PRESIDENT VALESKY:    The

        25       Secretary will read.



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         1                  THE SECRETARY:    By Senator

         2       Sampson, Senate resolution establishing a plan

         3       setting forth an itemized list of grantees for

         4       the New York State Economic Development

         5       Assistance Program established pursuant to an

         6       appropriation in the 2008-2009 state fiscal

         7       year and in Part QQ of Chapter 57 of the Laws

         8       of 2008.

         9                  ACTING PRESIDENT VALESKY:    The

        10       question is on the resolution.

        11                  The Secretary will call the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 52.  Nays,

        14       1.  Senator Ranzenhofer recorded in the

        15       negative.

        16                  ACTING PRESIDENT VALESKY:    The

        17       resolution is adopted.

        18                  Senator Maziarz is recognized to

        19       speak on the resolution that was previously

        20       adopted.

        21                  SENATOR MAZIARZ:    Thank you very

        22       much, Mr. President and my colleagues.

        23                  I just want to rise to remember

        24       Specialist Alan Dikcis of the town of

        25       Wheatfield.



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         1                  ACTING PRESIDENT VALESKY:    Excuse

         2       me, Senator Maziarz.

         3                  If we could have some quiet in the

         4       chamber and attention to Senator Maziarz's

         5       comments in regard to a resolution

         6       memorializing an individual who lost his life

         7       in combat.

         8                  Senator Maziarz.

         9                  SENATOR MAZIARZ:    Thank you very

        10       much, Mr. President.

        11                  Again, I rise to recognize the

        12       service and sacrifice of Specialist Alan N.

        13       Dikcis of the town of Wheatfield, New York.

        14       Just last week, at the age of 21 years,

        15       Specialist Dikcis was killed in Afghanistan

        16       while serving his country.

        17                  I spoke yesterday to his dad and to

        18       his brother.  And clearly, we have seen all

        19       too often in this chamber, we have

        20       memorialized the service and sacrifice of

        21       young men and women like Alan Dikcis -- good

        22       soldiers, good Americans, great citizens of

        23       New York who have gone, when their country has

        24       called, over to places of war representing

        25       this great country and this great state.



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         1                  Mr. President, I ask all my

         2       colleagues to join me in this resolution

         3       memorializing this very special New Yorker,

         4       this very special son, this very special

         5       brother, Alan Dikcis.

         6                  Thank you, Mr. President.

         7                  ACTING PRESIDENT VALESKY:    Thank

         8       you, Senator Maziarz.

         9                  Per Senator Maziarz's request, all

        10       Senators are invited to cosponsor the

        11       resolution.  Anyone wishing not to be a

        12       cosponsor should notify the desk.

        13                  Senator Klein.

        14                  SENATOR KLEIN:    Mr. President, at

        15       this time can we please move to a reading of

        16       the calendar.

        17                  ACTING PRESIDENT VALESKY:    The

        18       Secretary will proceed with a reading of the

        19       active bills on Senate Calendar Number 20.

        20                  THE SECRETARY:     Calendar Number

        21       64, by Senator C. Johnson, Senate Print 2753A,

        22       an act to amend the General Business Law and

        23       the Civil Practice Law and Rules, in relation

        24       to prohibiting.

        25                  ACTING PRESIDENT VALESKY:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 3.  This

         3       act shall take effect on the 60th day.

         4                  ACTING PRESIDENT VALESKY:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 55.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       99, by Senator Breslin --

        12                  SENATOR KLEIN:    Lay the bill

        13       aside for the day.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside for the day.

        16                  THE SECRETARY:    Calendar Number

        17       115, by Senator Leibell, Senate Print 4714, an

        18       act to amend the Executive Law, in relation to

        19       reporting.

        20                  ACTING PRESIDENT VALESKY:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT VALESKY:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 56.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       170, by Senator Aubertine --

         7                  SENATOR KLEIN:    Lay the bill

         8       aside for the day, please.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is laid aside for the day.

        11                  THE SECRETARY:    Calendar Number

        12       181, by Senator Espada, Senate Print 6753, an

        13       act to amend Chapter 449 of the Laws of 1986

        14       amending the Private Housing Finance 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                  THE SECRETARY:    Ayes, 56.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       191, by Member of the Assembly --

         2                  SENATOR KLEIN:    Lay the bill

         3       aside for the day, please.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is laid aside for the day.

         6                  Senator Klein, that completes the

         7       reading of the active bills on Senate Calendar

         8       Number 20.

         9                  SENATOR KLEIN:    Mr. President, I

        10       just want to announce we'll have an immediate

        11       meeting of the Veterans, Homeland Security and

        12       Military Affairs Committee in Room 332,

        13       followed by an immediate meeting of the Rules

        14       Committee.

        15                  Pending the return of the Rules

        16       Committee, may we please stand at ease.

        17                  ACTING PRESIDENT VALESKY:    An

        18       immediate meeting of the Senate Veterans

        19       Affairs Committee in Room 332.  Immediately

        20       following that, a meeting of the Senate Rules

        21       Committee.

        22                  Pending the return of the report of

        23       the Rules Committee, the Senate stands at

        24       ease.

        25                  (Whereupon, the Senate stood at



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         1       ease at 11:40 a.m.)

         2                  (Whereupon, the Senate reconvened

         3       at 11:59 a.m.)

         4                  ACTING PRESIDENT VALESKY:

         5       Senator Klein.

         6                  SENATOR KLEIN:    Mr. President,

         7       can we please return to the order of reports

         8       of standing committees.

         9                  I believe there's a report of the

        10       Rules Committee at the desk, and I move that

        11       we adopt the report at this time.

        12                  ACTING PRESIDENT VALESKY:

        13       Reports of standing committees.

        14                  The Secretary will read the report

        15       of the Rules Committee.

        16                  THE SECRETARY:    Senator Smith,

        17       from the Committee on Rules, reports the

        18       following bills:

        19                  Senate Print 1283, by Senator O.

        20       Johnson, an act to authorize the Commissioner

        21       of Transportation;

        22                  And Senate Print 6705, by Senator

        23       Marcellino, an act to amend the Highway Law.

        24                  Both bills ordered direct to third

        25       reading.



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         1                  ACTING PRESIDENT VALESKY:    All

         2       those in favor of adopting the report of the

         3       Rules Committee signify by saying aye.

         4                  (Response of "Aye.")

         5                  ACTING PRESIDENT VALESKY:

         6       Opposed, nay.

         7                  (No response.)

         8                  ACTING PRESIDENT VALESKY:    The

         9       report of the Rules Committee is adopted.

        10                  Senator Klein.

        11                  SENATOR KLEIN:    Mr. President, at

        12       this time can we please move to a reading of

        13       the supplemental calendar.

        14                  ACTING PRESIDENT VALESKY:    The

        15       Secretary will proceed with a reading of

        16       Senate Supplemental Calendar 20A.

        17                  THE SECRETARY:    Calendar Number

        18       251, by Senator O. Johnson, Senate Print 1283,

        19       an act to authorize the Commissioner of

        20       Transportation to alienate and convey certain

        21       land.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 5.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 56.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       252, by Senator Marcellino, Senate Print 6705,

         9       an act to amend the Highway Law, in relation

        10       to the designation.

        11                  ACTING PRESIDENT VALESKY:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 3.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT VALESKY:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 252:  Ayes, 55.  Nays, 1.

        20       Senator Dilan recorded in the negative.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  Senator Klein, that completes the

        24       reading of Senate Supplemental Calendar 20A.

        25                  SENATOR KLEIN:    Mr. President, is



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         1       there any further business at the desk?

         2                  ACTING PRESIDENT VALESKY:    No,

         3       Senator, the desk is clear.

         4                  SENATOR KLEIN:    There being none,

         5       Mr. President, I move that we adjourn until

         6       Monday, March 15th, at 3:00 p.m., intervening

         7       days to be legislative days.

         8                  ACTING PRESIDENT VALESKY:    There

         9       being no further business to come before the

        10       Senate, on motion, the Senate stands adjourned

        11       until Monday, March 15th, at 3:00 p.m.,

        12       intervening days being legislative days.

        13                  (Whereupon, at 12:01 p.m., the

        14       Senate adjourned.)

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