Regular Session - March 17, 2010
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 17, 2010
11 3:35 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR ANDREA STEWART-COUSINS, Acting President
19 ANGELO J. APONTE, Secretary
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21
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT STEWART-COUSINS:
3 The Senate will please come to order.
4 I ask everyone present to rise and
5 recite with me the Pledge of Allegiance to our
6 Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT STEWART-COUSINS:
10 In the absence of clergy, may we all bow our
11 heads for a moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT STEWART-COUSINS:
15 Senator Klein.
16 SENATOR KLEIN: Madam President,
17 I would like to introduce the Honorable Joseph
18 Teresi, from the Supreme Court of Albany
19 County, who will be swearing in a new Senator
20 today.
21 Judge Teresi.
22 JUDGE TERESI: I, Jose Peralta --
23 SENATOR PERALTA: I, Jose
24 Peralta --
25 JUDGE TERESI: -- do solemnly
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1 swear --
2 SENATOR PERALTA: -- do solemnly
3 swear --
4 JUDGE TERESI: -- that I will
5 support the Constitution of the United
6 States --
7 SENATOR PERALTA: -- that I will
8 support the Constitution of the United
9 States --
10 JUDGE TERESI: -- and the
11 Constitution of the State of New York --
12 SENATOR PERALTA: -- and the
13 Constitution of the State of New York --
14 JUDGE TERESI: -- and will
15 faithfully discharge --
16 SENATOR PERALTA: -- and will
17 faithfully discharge --
18 JUDGE TERESI: -- the duties
19 of --
20 SENATOR PERALTA: -- the duties
21 of --
22 JUDGE TERESI: -- Senator of the
23 State of New York --
24 SENATOR PERALTA: -- Senator of
25 the State of New York --
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1 JUDGE TERESI: -- Thirteenth
2 District --
3 SENATOR PERALTA: -- Thirteenth
4 District --
5 JUDGE TERESI: -- according to
6 the best of my abilities --
7 SENATOR PERALTA: -- according to
8 the best of my abilities --
9 JUDGE TERESI: -- so help me God.
10 SENATOR PERALTA: -- so help me
11 God.
12 JUDGE TERESI: Congratulations,
13 Senator.
14 SENATOR PERALTA: Thank you.
15 (Extended standing ovation.)
16 ACTING PRESIDENT STEWART-COUSINS:
17 Congratulations, Senator Peralta.
18 Senator Peralta is joined on the
19 Senate floor today by his wife, Evelyn; his
20 son, Miles; his parents, Rosa and Jose; his
21 brothers Edgar and Mayo; his sister-in-law
22 Evelyn; his sister Cindy; and his cousin
23 Leonore.
24 Again, we welcome you, Senator
25 Peralta, and congratulations.
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1 (Applause.)
2 ACTING PRESIDENT STEWART-COUSINS:
3 Senator Klein.
4 SENATOR KLEIN: Madam President,
5 at this time can you please recognize Senator
6 Sampson for an introduction.
7 ACTING PRESIDENT STEWART-COUSINS:
8 Senator Sampson.
9 SENATOR SAMPSON: Thank you very
10 much, Madam President.
11 At this time I want to congratulate
12 our newest colleague, Senator Jose Peralta.
13 But most of all, I want to congratulate your
14 wife, Evelyn; your son, Miles; and truly, most
15 of all, your parents, Jose and Rosa, because
16 if not for them, you wouldn't be in the
17 position you are today.
18 The Senator joins us in extremely
19 difficult times in New York. New Yorkers are
20 struggling not only to pay the bills, keep
21 their jobs, but most of all feed their
22 families. This is truly unacceptable.
23 Today, the Senate welcomes a new
24 member who will help us find that common
25 ground in bipartisan solutions to the crisis
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1 we all face. And as myself and Senator Skelos
2 understand, we love bipartisanship. Am I
3 correct, Senator Skelos?
4 As a first-generation
5 Dominican-American and the first ever elected
6 to the State of New York Senate, Jose Peralta
7 knows about struggle. He knows about the
8 difficult choices that families are making on
9 a day-to-day basis just to survive.
10 His parents came to this country in
11 search of the American dream and a better life
12 for their children, just like my parents came
13 to America looking for a better way of life
14 for their children. Now, Senator Peralta
15 joins us to make it happen.
16 As a graduate of the New York City
17 public schools system, but most of all the
18 CUNY system, he understands what a quality
19 education means. It means opportunity.
20 As a leading advocate for
21 protecting the rights of new immigrants,
22 Senator Peralta knows the importance of
23 offering steppingstones to economic and social
24 equality.
25 As a vocal supporter of tenants
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1 rights, Senator Peralta knows quality and
2 affordable housing is the foundation for good
3 schools, safe streets, but most of all
4 successful businesses.
5 Senator, I want to welcome you here
6 to this chamber. It's so important,
7 especially during this period of time, to let
8 everyone know that decorum but, most of all, a
9 sense of calm is here in the State Senate.
10 A lot of people have different
11 names that they've tried to characterize us,
12 but people need to understand that what we are
13 fighting for is making sure people can pay
14 their bills, put food on their table, give
15 their children an opportunity that they didn't
16 have, but most of all making sure healthcare
17 is accessible for everyone.
18 Senator, for joining us in that
19 fight. We will continue in that fight to make
20 sure that everyone, the 19.5 million people
21 here in the State of New York, are fully
22 represented -- not by 32 Senators, but all 62
23 Senators in the State of New York, because we
24 owe that to the people of the State of
25 New York.
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1 Congratulations.
2 (Applause.)
3 ACTING PRESIDENT STEWART-COUSINS:
4 Senator Klein.
5 SENATOR KLEIN: Madam President,
6 can you please recognize Senator Skelos for an
7 introduction.
8 ACTING PRESIDENT STEWART-COUSINS:
9 Senator Skelos.
10 SENATOR SKELOS: Thank you very
11 much, Madam President.
12 It's just like deja vu, referring
13 to you as Madam President as we did a little
14 less than a year ago.
15 And my first caveat to Senator
16 Peralta -- and we do welcome you -- is when it
17 comes to June, if Senator Espada starts going
18 like this to you and smiling at you, be
19 careful.
20 (Laughter.)
21 SENATOR SKELOS: Whenever we have
22 a new Senator that is sworn in, it really is a
23 great occasion for all of us, both Republicans
24 and Democrats, because although we have -- we
25 certainly have differences as we move through
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1 the legislative process, there is a mutual
2 respect that we have for each other within
3 this chamber.
4 And certainly as we move through
5 the balance of this legislative year,
6 hopefully there will be bipartisanship,
7 hopefully there will be transparency,
8 hopefully there will be openness in the
9 process.
10 I know, with all of us, I'm going
11 to agree with Senator Sampson that there will
12 be no tax increases or fee increases in this
13 budget, there will be spending cuts, there
14 will be economic development, there will be
15 real property tax relief, and what we all
16 agree upon, there will be no debt and no
17 borrowing to get us by the situation we are in
18 right now.
19 So, Senator Peralta, I look at you
20 and I go back to 26 years ago when I was first
21 sworn in, and I was holding my son, who was at
22 that time six -- no, actually, he was less, he
23 was three or four. And I look at you now with
24 your family and your son, and reflect upon how
25 fast time goes and how, you know, we see our
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1 children grow, we see how we grow
2 professionally, hopefully, within this body.
3 But it's always great to see a new
4 young Senator with their family, with their
5 children. And so I welcome you on behalf of
6 our conference. I know that we will work
7 cooperatively together. As I said, there will
8 be differences of opinion. But I also want to
9 say that, with Senator Sampson, I think the
10 tone is changing here, I think you are seeing
11 an attempt to have more bipartisanship.
12 And the bottom line is the end
13 result, and hopefully we can get there in a
14 direction that we all can live with in a
15 positive way for the people of this state.
16 ACTING PRESIDENT STEWART-COUSINS:
17 Thank you, Senator.
18 The reading of the Journal.
19 The Secretary will read.
20 THE SECRETARY: In Senate,
21 Tuesday, March 16, the Senate met pursuant to
22 adjournment. The Journal of Monday, March 15,
23 was read and approved. On motion, Senate
24 adjourned.
25 ACTING PRESIDENT STEWART-COUSINS:
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1 Without objection, the Journal stands approved
2 as read.
3 Presentation of petitions.
4 Messages from the Assembly.
5 Messages from the Governor.
6 Reports of standing committees.
7 Reports of select committees.
8 Communications and reports from
9 state officers.
10 Motions and resolutions.
11 Senator Klein.
12 SENATOR KLEIN: Madam President,
13 are there any substitutions at the desk?
14 ACTING PRESIDENT STEWART-COUSINS:
15 There are substitutions at the desk.
16 The Secretary will read.
17 THE SECRETARY: On page 10,
18 Senator Thompson moves to discharge, from the
19 Committee on Environmental Conservation,
20 Assembly Bill Number 4110A and substitute it
21 for the identical Senate Bill Number 4950A,
22 Third Reading Calendar 83.
23 On page 15, Senator Valesky moves
24 to discharge, from the Committee on Finance,
25 Assembly Bill Number 5873 and substitute it
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1 for the identical Senate Bill Number 4284,
2 Third Reading Calendar 203.
3 On page 15, Senator Morahan moves
4 to discharge, from the Committee on Elections,
5 Assembly Bill Number 3910A and substitute it
6 for the identical Senate Bill Number 1535A,
7 Third Reading Calendar 209.
8 On page 16, Senator C. Johnson
9 moves to discharge, from the Committee on
10 Investigations and Government Operations,
11 Assembly Bill Number 6484A and substitute it
12 for the identical Senate Bill Number 6134A,
13 Third Reading Calendar 214.
14 And on page 19, Senator Oppenheimer
15 moves to discharge, from the Committee on
16 Rules, Assembly Bill Number 10196 and
17 substitute it for the identical Senate Bill
18 Number 7054, Third Reading Calendar 260.
19 ACTING PRESIDENT STEWART-COUSINS:
20 Substitutions ordered.
21 Senator Klein.
22 SENATOR KLEIN: Madam President,
23 I believe there's a resolution at the desk by
24 Senator Volker. I ask that the resolution be
25 read in its entirety and move for its
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1 immediate adoption.
2 ACTING PRESIDENT STEWART-COUSINS:
3 Senator Klein, has this resolution been deemed
4 privileged and submitted by the office of the
5 Temporary President?
6 SENATOR KLEIN: Yes, it has,
7 Madam President.
8 ACTING PRESIDENT STEWART-COUSINS:
9 The Secretary will read.
10 THE SECRETARY: By Senator
11 Volker, legislative resolution honoring
12 St. Patrick and all persons of Irish descent
13 upon the occasion of the 2010 celebration of
14 St. Patrick's Day.
15 "WHEREAS, A native of Roman
16 Britain, Patrick was the son of Calpornius, a
17 civil servant and deacon; and
18 "WHEREAS, Tradition has it that at
19 age 16 Patrick was captured, along with all
20 the servants of his father's estate, by Irish
21 marauders, then sold to a Druid chief and
22 taken to what is now known as County Antrim,
23 in the Province of Ulster, Ireland; and
24 "WHEREAS, During his six years of
25 captivity, Patrick's occupation as a slave was
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1 the tending of flocks of swine and sheep; and
2 "WHEREAS, While in Ireland, Patrick
3 learned the Irish language and customs; and
4 "WHEREAS, During this period,
5 Patrick experienced a religious awakening,
6 with the Christian teachings of his family and
7 pastors taking hold during his captivity; and
8 "WHEREAS, Driven by visions urging
9 him to return to his native land, Patrick
10 escaped his captors, undertaking a perilous
11 journey in the process; and
12 "WHEREAS, Upon his return home,
13 Patrick dedicated his life to religion,
14 studying in France, where he was ordained a
15 priest and later consecrated a bishop; and
16 "WHEREAS, It was Pope Celestine I
17 who named him Patricius and sent him back to
18 Ireland, where he tangled with the Druids over
19 religious beliefs and where his efforts to
20 convert the Irish to the Catholic faith were
21 untiring, as seen today in the significant
22 presence of God in Irish life; and
23 "WHEREAS, It was the example and
24 fervor of Patrick's faith that inspired and
25 rekindled the lamp of learning in Ireland
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1 which shone throughout the British Isles and
2 the rest of Europe, and which sustained the
3 people of Ireland through famine, oppression
4 and exile; and
5 "WHEREAS, As United States
6 President John Fitzgerald Kennedy observed,
7 Ireland has hemorrhaged herself to enrich the
8 lifebloods of other nations around the world,
9 where its sons and daughters have risen to
10 prominent positions as pioneers, educators,
11 military commanders, and government leaders,
12 even ascending to the presidency of both
13 France and the United States; and
14 "WHEREAS, It was his faith that
15 earned Patrick not only sainthood but the
16 everlasting love and respect of the Irish
17 people; and
18 "WHEREAS, As we honor St. Patrick,
19 whose life mirrored a deep and abiding example
20 of the challenges of sainthood, we are mindful
21 of the history of the Irish people and their
22 struggle against oppression, religious
23 intolerance, and political, social and
24 economic barriers; now, therefore, be it
25 "RESOLVED, That this Legislative
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1 Body pause in its deliberations to most
2 joyously commemorate the life and good works
3 of St. Patrick and to express its sincerest
4 prayers and hopes that the 1998 peace
5 agreement known as the Good Friday Accord will
6 lead to a lasting reconciliation between the
7 Christian populations of Northern Ireland and
8 bring true peace and freedom for all the
9 people of Northern Ireland; and be it further
10 "RESOLVED, That copies of this
11 resolution, suitably engrossed, be transmitted
12 to His Excellency Timothy M. Dolan, Archbishop
13 of New York; Raymond W. Kelly, 248th Grand
14 Marshal of the New York City St. Patrick's Day
15 Parade; and John P. Dunleavy, chairman of the
16 New York City St. Patrick's Day Parade, on the
17 17th of March, 2010."
18 ACTING PRESIDENT STEWART-COUSINS:
19 Senator Volker.
20 SENATOR VOLKER: Thank you, Madam
21 President.
22 As Senator Padavan just said to me,
23 the tradition is that St. Patrick was actually
24 a relative of Italian descent. And although
25 that has been some subject of dispute, it is
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1 probably correct that he was of Italian
2 descent.
3 People ask me sometimes, because my
4 name is Volker, whether I am of Irish descent.
5 And the answer is I absolutely am. My
6 great-grandfather on my father's side came
7 from Alsace-Lorraine, Stuttgart. He was tired
8 of being British one year and French the next.
9 But on my grandfather's side on my mother's
10 side, my grandfather came directly from
11 Ireland, Martin O'Neill. And I have numerous
12 relatives with Irish names.
13 And I've been at times the vice
14 chairman of the American Irish Legislators.
15 We've already had our St. Patrick's Day party,
16 which was very, very successful. And a number
17 of you were there, and we appreciate it very
18 much.
19 I would like to wish everybody here
20 a joyous St. Patrick's Day. And I would
21 suggest that everybody here tip a glass of
22 something to the Irish people and to
23 St. Patrick.
24 And thank you for the opportunity
25 to read a history of St. Patrick. And best of
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1 luck, and happy St. Patrick's Day.
2 ACTING PRESIDENT STEWART-COUSINS:
3 Thank you so much, Senator.
4 Are there any other Senators
5 wishing to speak on the resolution?
6 Senator Volker has asked that we
7 open the resolution for everyone in the
8 chamber. Should you not wish to be on the
9 resolution, please notify the desk.
10 Now, the question is on the
11 resolution. All those in favor signify by
12 saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT STEWART-COUSINS:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT STEWART-COUSINS:
18 The resolution is adopted.
19 Senator Klein.
20 SENATOR KLEIN: Madam President,
21 I believe there's a resolution at the desk by
22 Senator Maziarz. I ask that the title of the
23 resolution be read and move for its immediate
24 adoption.
25 ACTING PRESIDENT STEWART-COUSINS:
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1 Senator Klein, has this resolution been deemed
2 privileged and submitted by the office of the
3 Temporary President?
4 SENATOR KLEIN: Yes, it has,
5 Madam President.
6 ACTING PRESIDENT STEWART-COUSINS:
7 Thank you.
8 The Secretary will read.
9 THE SECRETARY: By Senator
10 Maziarz, legislative resolution commemorating
11 the 100th Anniversary of the Albion Future
12 Farmers of America.
13 ACTING PRESIDENT STEWART-COUSINS:
14 Senator Maziarz.
15 SENATOR MAZIARZ: Thank you very
16 much, Madam President.
17 Just very briefly, I want to rise
18 to invite all my colleagues to sign onto this
19 resolution congratulating and memorializing
20 the 100th anniversary of these young people at
21 Albion High School who have for 100 years been
22 one of the first Future Farmers of America
23 chapters in the State of New York and
24 interested in our leading industry,
25 agriculture.
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1 And they've done a great job over
2 the past hundred years. And the students that
3 are involved today do an excellent job about
4 this very important industry in our state.
5 Thank you, Madam President.
6 ACTING PRESIDENT STEWART-COUSINS:
7 Thank you, Senator Maziarz.
8 Are there any other Senators
9 wishing to speak on the resolution?
10 Hearing none, the question is on
11 the resolution. All those in favor signify by
12 saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT STEWART-COUSINS:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT STEWART-COUSINS:
18 The resolution is adopted.
19 And Senator Maziarz has already
20 asked all of us, should we wish, to cosponsor,
21 to be part of this resolution. Of course any
22 Senator wishing not to be on the resolution
23 should inform the desk.
24 While we are paused for a moment, I
25 just wanted to take the privilege to recognize
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1 some students from my district, the 35th
2 District, who are from the Greenburgh Academy,
3 joined by parents of some of the students and
4 their advisor, Kurt Kennemeyer.
5 These students are here just to see
6 what happens in the chambers. And also they
7 are here at my invitation, because they went
8 for a 10-day journey to South Africa, where
9 they brought aid to AIDS orphans and fed
10 people and understood how important they were
11 to people all over the world. So these
12 students are to be congratulated.
13 We have in our midst Kariel Paul,
14 Martin Rosario, Ainello Prisco, Pihwa Ni, and
15 Adrian Ceneno, all humanitarians at this very,
16 very young age. Thank you so much for what
17 you've done.
18 (Applause.)
19 ACTING PRESIDENT STEWART-COUSINS:
20 Senator Klein.
21 SENATOR KLEIN: Madam President,
22 I believe there's a resolution at the desk by
23 Senator Alesi. I ask that the title of the
24 resolution be read and move for its immediate
25 adoption.
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1 ACTING PRESIDENT STEWART-COUSINS:
2 Senator Klein, has this resolution been deemed
3 privileged and submitted by the office of the
4 Temporary President?
5 SENATOR KLEIN: Yes, it has,
6 Madam President.
7 ACTING PRESIDENT STEWART-COUSINS:
8 The Secretary will read.
9 THE SECRETARY: By Senator Alesi,
10 Senate resolution memorializing Governor David
11 A. Paterson to proclaim March 17, 2010, as
12 Special Olympics New York Day in the State of
13 New York, in recognition of the celebration of
14 the 40th anniversary.
15 ACTING PRESIDENT STEWART-COUSINS:
16 Senator Alesi.
17 SENATOR ALESI: Thank you, Madam
18 President.
19 My colleagues, we universally
20 acknowledge that March 17th is St. Patrick's
21 Day. And all of us collectively, without
22 regard to our own background, where we come
23 from, know that the 17th is a special day.
24 As you know, the Assembly passed a
25 resolution just a few days ago also asking the
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1 Governor to recognize March 17th as another
2 special day for some very special people, and
3 those are the people involved in Special
4 Olympics.
5 And so the resolution at hand asks
6 the Governor to declare March 17th as
7 acknowledging and remembering, memorializing
8 March 17th as the 40th anniversary of the
9 Special Olympics.
10 In the gallery we have some of
11 those Special Olympians and the people that
12 work with them, the people that through their
13 noble pursuit, their volunteerism, the
14 families, the staff, and of course the
15 athletes themselves -- as you can see, some of
16 them wearing their medals.
17 An inspiration to all of us.
18 Because as we know, yesterday we passed
19 another special resolution. And as they
20 continue to pursue the things in their various
21 endeavors in sports -- and I know I was
22 talking with Kathryn today, and some of the
23 other ones earlier, about what sports they are
24 involved in -- that they are pursuing not only
25 excellence, as we should all strive to, but
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1 they do it in such a meaningful and friendly
2 way. And an inspiration to all of us, things
3 that we could learn from them and apply to our
4 own everyday lives.
5 I welcome them. And as the
6 resolution states, it does call on the
7 Governor to make March 17th Special Olympics
8 Day.
9 And in closing, I know I wanted to
10 defer my time to Senator Libous, who for two
11 years in a row was the state chairman of the
12 New York State Special Olympics.
13 And I couldn't let the opportunity
14 go by to once again welcome Senator Peralta to
15 this esteemed chamber.
16 Thank you, Madam President. And
17 good luck to all of the athletes. And thank
18 you for your inspiration.
19 ACTING PRESIDENT STEWART-COUSINS:
20 Thank you, Senator.
21 (Applause.)
22 ACTING PRESIDENT STEWART-COUSINS:
23 We really congratulate you for all that you
24 do. In your efforts, you inspire us. Thank
25 you.
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1 Senator Libous, did you wish to
2 speak?
3 SENATOR LIBOUS: Thank you, Madam
4 President. I just want to rise, as I did
5 yesterday, and again salute our special
6 Olympians.
7 I was privileged, like a lot of our
8 colleagues, to attend the 11 o'clock 40th
9 anniversary today. And it was a show of the
10 red shirts, as Neal Johnson has said, and our
11 athletes that are there.
12 I want to say that every time I am
13 around those folks who are involved in Special
14 Olympics, I get an extra spring in my step.
15 And today I learned that -- can anybody here
16 dead lift about 450 pounds? Well, guess what.
17 We have a Special Olympian who can. And
18 that's a pretty remarkable feat for anybody.
19 So I again say happy 40th
20 anniversary to Special Olympics. I look
21 forward, as I know my colleagues do, to
22 working with you, being with you, and handing
23 out many of those great medals that you so
24 deserve each time that you compete.
25 God bless you.
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1 (Applause.)
2 ACTING PRESIDENT STEWART-COUSINS:
3 Is there any other Senator wishing to speak on
4 the resolution?
5 Senator Alesi.
6 SENATOR ALESI: Madam President,
7 would you be kind enough to open sponsorship
8 to all members?
9 ACTING PRESIDENT STEWART-COUSINS:
10 Certainly, Senator Alesi.
11 SENATOR ALESI: Thank you.
12 ACTING PRESIDENT STEWART-COUSINS:
13 The question is on the resolution. All those
14 in favor please signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT STEWART-COUSINS:
17 Opposed, nay.
18 (No response.)
19 ACTING PRESIDENT STEWART-COUSINS:
20 The resolution is adopted.
21 And, Senator Alesi, as you've
22 heard, has indicated that he would like all of
23 us to cosponsor the resolution. Of course,
24 any Senator wishing not to be on the
25 resolution should notify the desk.
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1 Congratulations again.
2 (Applause.)
3 ACTING PRESIDENT STEWART-COUSINS:
4 Senator Klein.
5 SENATOR KLEIN: Madam President,
6 at this time can we please move to a reading
7 of the calendar.
8 ACTING PRESIDENT STEWART-COUSINS:
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 69, by Senator Klein, Senate Print --
12 SENATOR LIBOUS: Lay it aside,
13 please.
14 ACTING PRESIDENT STEWART-COUSINS:
15 The bill is laid aside.
16 THE SECRETARY: Calendar Number
17 86, by Senator Foley, Senate Print 5945A, an
18 act to amend the Election Law, in relation to
19 authorizing registration records.
20 ACTING PRESIDENT STEWART-COUSINS:
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT STEWART-COUSINS:
25 Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58.
3 ACTING PRESIDENT STEWART-COUSINS:
4 The bill is passed.
5 THE SECRETARY: Calendar Number
6 147, by Senator LaValle, Senate Print 3632B,
7 concurrent resolution of the Senate and
8 Assembly proposing an amendment to Section 26
9 of Article 6 of the Constitution.
10 ACTING PRESIDENT STEWART-COUSINS:
11 Call the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT STEWART-COUSINS:
14 Announce the results.
15 THE SECRETARY: Ayes, 58.
16 ACTING PRESIDENT STEWART-COUSINS:
17 The bill is passed. The concurrent resolution
18 is adopted.
19 THE SECRETARY: Calendar Number
20 232, by Senator Addabbo, Senate Print 6906, an
21 act to amend the Election Law, in relation to
22 write-in votes.
23 ACTING PRESIDENT STEWART-COUSINS:
24 Read the last section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT STEWART-COUSINS:
3 Call the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT STEWART-COUSINS:
6 Announce the results.
7 THE SECRETARY: Ayes, 58.
8 ACTING PRESIDENT STEWART-COUSINS:
9 The bill is passed.
10 THE SECRETARY: Calendar Number
11 233, by Senator Addabbo, Senate Print 6907, an
12 act to amend the Election Law, in relation to
13 poll-site marking utensils.
14 ACTING PRESIDENT STEWART-COUSINS:
15 Read the last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT STEWART-COUSINS:
19 Call the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT STEWART-COUSINS:
22 Announce the results.
23 THE SECRETARY: Ayes, 58.
24 ACTING PRESIDENT STEWART-COUSINS:
25 The bill is passed.
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1 THE SECRETARY: Calendar Number
2 234, by Senator Addabbo, Senate Print 6908, an
3 act to amend the Election Law, in relation to
4 write-in votes.
5 ACTING PRESIDENT STEWART-COUSINS:
6 Read the last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect immediately.
9 ACTING PRESIDENT STEWART-COUSINS:
10 Call the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT STEWART-COUSINS:
13 Announce the results.
14 THE SECRETARY: Ayes, 58.
15 ACTING PRESIDENT STEWART-COUSINS:
16 The bill is passed.
17 THE SECRETARY: Calendar Number
18 237, by Senator Breslin, Senate Print 6769, an
19 act to amend the Lien Law, in relation to lien
20 filings.
21 ACTING PRESIDENT STEWART-COUSINS:
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT STEWART-COUSINS:
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1 Call the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT STEWART-COUSINS:
4 Announce the results.
5 THE SECRETARY: Ayes, 58.
6 ACTING PRESIDENT STEWART-COUSINS:
7 The bill is passed.
8 THE SECRETARY: Calendar Number
9 240, by Member of the Assembly Gottfried,
10 Assembly Print Number 723, an act to amend the
11 Public Health Law and the Insurance Law.
12 SENATOR KLEIN: Lay the bill
13 aside for the day, please.
14 ACTING PRESIDENT STEWART-COUSINS:
15 The bill is laid aside for the day.
16 THE SECRETARY: Calendar Number
17 244, by Senator Stachowski, Senate Print
18 6816A, an act to amend the Alcoholic
19 Beverage --
20 SENATOR KLEIN: Lay the bill
21 aside for the day, please.
22 ACTING PRESIDENT STEWART-COUSINS:
23 The bill is laid aside for the day.
24 THE SECRETARY: Calendar Number
25 249, by Senator Huntley, Senate Print 3485, an
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1 act to amend the Mental Hygiene Law, in
2 relation to authorizing release.
3 ACTING PRESIDENT STEWART-COUSINS:
4 Read the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT STEWART-COUSINS:
8 Call the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT STEWART-COUSINS:
11 Announce the results.
12 THE SECRETARY: Ayes, 58.
13 ACTING PRESIDENT STEWART-COUSINS:
14 The bill is passed.
15 THE SECRETARY: Calendar Number
16 250, by Senator Maziarz, Senate Print 1417A,
17 an act to amend the Education Law, in relation
18 to changing eligibility dates.
19 ACTING PRESIDENT STEWART-COUSINS:
20 Read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT STEWART-COUSINS:
24 Call the roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT STEWART-COUSINS:
2 Announce the results.
3 THE SECRETARY: Ayes, 58.
4 ACTING PRESIDENT STEWART-COUSINS:
5 The bill is passed.
6 Senator Klein, that completes the
7 reading of the noncontroversial calendar.
8 SENATOR KLEIN: Madam President,
9 at this time can we please move to a reading
10 of the controversial calendar.
11 ACTING PRESIDENT STEWART-COUSINS:
12 The Secretary will ring the bell.
13 Members are all asked to come to
14 the chamber for the controversial reading of
15 the calendar.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 69, by Senator Klein, Senate Print 706D, an
19 act to amend the Tax Law.
20 ACTING PRESIDENT STEWART-COUSINS:
21 Senator Padavan.
22 SENATOR PADAVAN: Thank you,
23 Madam President.
24 I'm not going to ask Senator Klein
25 to yield to a question or two, because I
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1 know -- I think we all know what this bill
2 does, and we all know the problem that we're
3 dealing with.
4 I recently sent all of you a memo
5 talking about the problems that we have in
6 New York State as it relates to problem
7 gambling. Parenthetically, let me advise all
8 of you, if you didn't notice that memo, that
9 March, nationally, is Gambling Awareness
10 Month.
11 And in recognition of that fact,
12 our State Commission of the Office of
13 Substance Abuse proposed that we not advertise
14 for one week during this month all of the
15 various games of chance that are sponsored and
16 promoted by the State of New York, and to use
17 that money to make more people aware of the
18 problems of compulsive gambling and problem
19 gambling. And of course, as you might expect,
20 she was totally ignored.
21 And what this bill does, it ignores
22 the fact that in New York State we have over a
23 million people -- and this is not my number,
24 it's a number that comes as a result of a
25 survey and a study sponsored by our state
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1 agency and echoed by the Office of Compulsive
2 Gambling, Commission on Compulsive Gambling --
3 over a million people who are problem or
4 addicted compulsive gamblers.
5 The damage they do to themselves is
6 significant. You can multiply that number by
7 three in terms of those who are affected --
8 family members, businesses -- by virtue of the
9 problems that manifest themselves vis-a-vis
10 these individuals. Larceny, incarceration,
11 social services, business failure, all the way
12 down the list. And among them, suicides, as a
13 result of getting addicted.
14 And who is the major culprit? The
15 State of New York. Who has promoted, year
16 after year, every year virtually I've been
17 here, one more gambling venue after the other.
18 And when the VLTs were promoted,
19 you know, they were with certain
20 restrictions -- 16 hours a day, 2:00 a.m.
21 curfew. That's eliminated by this bill. It
22 now goes to 140 hours per week, which if you
23 divide it by seven is roughly 20 hours a
24 day -- actually, exactly 20 hours a day. So
25 except for four hours in each 24-hour cycle,
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1 these racinos will be going full-steam. Las
2 Vegas of the East -- gambling all the time.
3 In addition, what the bill does, it
4 puts in statute the replicative types of
5 gambling that we find in casinos -- roulette,
6 baccarat, poker, all in there by virtue of
7 law. And that's what this bill would do. So
8 you have virtual casinos. You have one in
9 Yonkers, you have one upstate, and of course
10 we know about the one proposed for Aqueduct.
11 And who will fall victim to these
12 new opportunities? Well, all the studies,
13 again, tell us they are middle-to-low-income
14 people.
15 And the economists tell us time
16 after time -- and it's very rare that
17 economists will agree, but they all agree that
18 unless you attract people great distances to
19 your region or state, you don't make any
20 money. They call it a zero-sum game.
21 As a matter of fact, there's an
22 economist in one of the states, one of the
23 universities, who says for every dollar
24 gambled, you lose three because of the
25 businesses that are impacted upon, the
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1 individuals who are impacted upon, the costs
2 that I mentioned earlier, and so on.
3 So here we are in the month of
4 March, National Gambling Awareness month. And
5 what are we doing? We're increasing gambling
6 opportunities in the State of New York. What
7 a travesty. At least you could have waited
8 until April, Senator, you know, when we
9 weren't in the middle of this month of
10 awareness where our state commission is trying
11 to do something positive, failed and being
12 ignored, and all the other things that are
13 going on.
14 Well, I think you got the point. I
15 think it's about time we said no, we've got
16 enough. And this bill certainly falls in the
17 category of being more than enough.
18 ACTING PRESIDENT STEWART-COUSINS:
19 Senator Saland.
20 SENATOR SALAND: Thank you, Madam
21 President. On the bill.
22 This particular bill I believe is
23 proposing to amend a section of the law which
24 was buried in one of our budgets several years
25 ago. And at the time there were a number of
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1 restrictions imposed, the purpose of which was
2 to deal with some of the many issues that
3 Senator Padavan has just raised in his
4 comments, comments which I certainly can
5 substantially identify with and which account
6 for the reason why I previously voted against
7 this bill.
8 But I'd like to look at this in
9 another context. In our lust for revenue --
10 and that's what this is about, our lust for
11 revenue -- we are seeking to take this already
12 dubious means of raising revenue and expanding
13 upon it.
14 And for those people who are now
15 discussing, whether it be in forums, in the
16 media, in op-ed pieces, the so-called Ravitch
17 proposal, what kind of signal are we sending
18 when we can't even curb our voracious appetite
19 in this minute corner of the state's revenue
20 spectrum when given the opportunity, should
21 that opportunity befall us, to have the
22 Ravitch Commission proposal as part of our
23 governance? It is really sort of bar the
24 doors. God only knows what will happen once
25 we have done that.
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1 So if we can't police ourselves in
2 this relatively minuscule area, why would
3 anybody hold that hope that the Ravitch
4 proposal will do anything that will enable us
5 to police ourselves any better?
6 I will be voting in the negative.
7 Thank you, Madam President.
8 ACTING PRESIDENT STEWART-COUSINS:
9 Senator Diaz.
10 SENATOR DIAZ: Thank you, Madam
11 President.
12 Senator Saland just said that
13 because of the fiscal situation that we are
14 facing in the State of New York, we should not
15 say no to gambling.
16 But, you know, gambling, gambling
17 is a habit. Gambling is people get addicted
18 to it. And I see -- I have seen people that
19 have lost their homes, their families. I have
20 seen people that have gambled the rice and
21 beans of their children, because when they get
22 used to gambling, they do -- people do all
23 kinds of things that they don't think.
24 I understand, Madam President, that
25 we have a very difficult fiscal situation with
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1 the state and that we are supposed to come up
2 with ideas to bring money.
3 Well, I have brought ideas. No
4 gambling, good ideas. And Senator Saland and
5 the Senator have not joined together with me.
6 For example, I have been telling
7 this chamber that we could find $500 million
8 if we forced the credit card companies to send
9 the taxes straight to the state coffers and
10 not back to the merchants. Easy. Let's force
11 the credit card companies to send the taxes
12 that are owed to the state straight to the
13 state and not back to the merchants, and the
14 state will save $500 million.
15 I have said let's purchase
16 prescription drugs from Canada, and the state
17 will save 40 percent on it, about
18 $800 million.
19 So I have brought ideas -- not
20 gambling. But we prefer gambling. We prefer
21 gambling, where people could gamble their
22 homes, their rice and beans, their children's
23 clothes, their rings.
24 I cannot support gambling. I
25 understand that the state is in a very
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1 difficult situation, but gambling is out of
2 the question for me. So therefore, I cannot
3 support a bill like this.
4 ACTING PRESIDENT STEWART-COUSINS:
5 Senator Klein.
6 SENATOR KLEIN: Thank you, Madam
7 President. On the bill.
8 You know, I certainly respect
9 Senator Padavan's long-held belief in
10 opposition to gambling. But on this
11 legislation we're merely expanding and
12 changing the hours in racinos around the State
13 of New York, and we're now allowing what's
14 known as electronic table games. They fit
15 into the constitutional definition of what is
16 a VLT, or a video lottery terminal. They're
17 still games of chance, there's no skill
18 involved. It's sort of like a scratch-off
19 lottery in a video lottery terminal.
20 And the basic fact is we need
21 revenue. And last year 38 percent of the
22 people who gambled in Atlantic City were from
23 New York State. So these are people who
24 already choose, in their spare time, to
25 gamble.
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1 And the revenue that we generated,
2 whether we like it or not, from the Division
3 of Lottery is very, very large. Last year the
4 State of New York derived 13 percent of their
5 total education revenue from the Division of
6 Lottery.
7 This legislation, by expanding the
8 hours of play as well as expanding or allowing
9 electronic table games, will generate anywhere
10 from $150 million to $170 million a year in
11 additional education revenue. So in other
12 words, not money that just goes to various
13 things, but earmarked specifically for
14 education.
15 So I represent Yonkers Raceway.
16 That money also goes specifically to help
17 Yonkers public schools, because there was
18 legislation that was written in the past that
19 allows the host track or host racino to get
20 extra revenue, extra money for the education
21 system in their specific localities.
22 So I urge a yes vote. Especially
23 during a time when we're heading into probably
24 the most difficult budget season any of us
25 will ever, ever see, we certainly need that
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1 additional money for education in the State of
2 New York.
3 I thank you, Madam President.
4 ACTING PRESIDENT STEWART-COUSINS:
5 Thank you, Senator Klein.
6 Are there any other Senators
7 wishing to be heard on the bill?
8 Hearing none, the debate is closed.
9 The Secretary will please ring the bells.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 30th day.
13 ACTING PRESIDENT STEWART-COUSINS:
14 Call the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT STEWART-COUSINS:
17 Announce the results.
18 THE SECRETARY: Those recorded in
19 the negative on Calendar Number 69 are
20 Senators DeFrancisco, Diaz, Espada, Flanagan,
21 Fuschillo, Hannon, O. Johnson, LaValle,
22 Leibell, Marcellino, Padavan, Saland and
23 Volker.
24 Absent from voting: Senators
25 Duane, Golden and C. Kruger.
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1 Ayes 43. Nays, 13.
2 ACTING PRESIDENT STEWART-COUSINS:
3 The bill is passed.
4 THE SECRETARY: Senator Klein,
5 that completes the controversial reading of
6 the calendar.
7 SENATOR KLEIN: Madam President,
8 can you please recognize Senator Ruth
9 Hassell-Thompson, please.
10 ACTING PRESIDENT STEWART-COUSINS:
11 Senator Hassell-Thompson.
12 SENATOR HASSELL-THOMPSON: Thank
13 you, Madam President.
14 I rise to announce that immediately
15 following session today there will be a
16 meeting of the Majority in Room 332.
17 ACTING PRESIDENT STEWART-COUSINS:
18 There will be a meeting of the Majority
19 Conference immediately after session in
20 Room 332.
21 Senator Klein.
22 SENATOR KLEIN: Madam President,
23 is there any further business at the desk?
24 ACTING PRESIDENT STEWART-COUSINS:
25 Senator Klein, the desk is clear.
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1 SENATOR KLEIN: There being no
2 further business, Madam President, I move that
3 we adjourn until Thursday, March 18th, at
4 10:00 a.m.
5 ACTING PRESIDENT STEWART-COUSINS:
6 There being no further business to come before
7 the Senate, on motion, the Senate stands
8 adjourned until Thursday, March 18th, at
9 10:00 a.m.
10 (Whereupon, at 4:32 p.m., the
11 Senate adjourned.)
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