Regular Session - April 8, 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                     April 8, 2010

        11                       3:29 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR CRAIG JOHNSON, Acting President

        19  ANGELO J. APONTE, Secretary

        20

        21

        22

        23

        24

        25



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         1                 P R O C E E D I N G S

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         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 CRAIG JOHNSON:

        10       Today's invocation will be provided by the

        11       Reverend Peter G. Young, of Mother Theresa

        12       Community here in Albany.

        13                  REVEREND YOUNG:    Thank you,

        14       Senator.  Let us pray.

        15                  As we share the priorities of the

        16       New York State budget in this time of

        17       difficulty, may we again proudly say we're

        18       happy to be the kind of New Yorkers that were

        19       the example of Van Buren, Fillmore, Arthur,

        20       Cleveland, Theodore and Franklin Roosevelt,

        21       all serving as presidents from here in our

        22       Empire State.

        23                  May we continue in the greatness of

        24       their dedicated public service to all of our

        25       citizens.  May we follow in the rich tradition



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         1       of the Senators that first met in Kingston

         2       five days after the Declaration of

         3       Independence.

         4                  You, O God, have provided our

         5       Senators with outstanding examples to inspire

         6       those in this Senate chamber for their

         7       committed service to all of our citizens.  We

         8       ask You to bless them in Your name, now and

         9       forever.

        10                  Amen.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Thank you, Reverend.

        13                  The reading of the Journal.

        14                  The Secretary will read.

        15                  THE SECRETARY:    In Senate,

        16       Wednesday, April 7, the Senate met pursuant to

        17       adjournment.  The Journal of Tuesday, April 6,

        18       was read and approved.  On motion, Senate

        19       adjourned.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Without objection, the Journal stands approved

        22       as read.

        23                  Presentation of petitions.

        24                  Messages from the Assembly.

        25                  Messages from the Governor.



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         1                  Reports of standing committees.

         2                  Reports of select committees.

         3                  Communications and reports from

         4       state officers.

         5                  Motions and resolutions.

         6                  Senator Klein.

         7                  SENATOR KLEIN:    Thank you,

         8       Mr. President.

         9                  On page number 8, I offer the

        10       following amendments to Calendar Number 74,

        11       Senate Print Number 2490C, and ask that said

        12       bill retain its place on Third Reading

        13       Calendar.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       So ordered.

        16                  Senator Klein.

        17                  SENATOR KLEIN:    Mr. President, on

        18       behalf of Senator Addabbo, on page 15 I offer

        19       the following amendments to Calendar Number

        20       235, Senate Print Number 6909, and ask that

        21       said bill retain its place on Third Reading

        22       Calendar.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       So ordered.

        25                  Senator Klein.



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         1                  SENATOR KLEIN:    Mr. President, I

         2       believe there's a resolution at the desk by

         3       Senator Ruth Hassell-Thompson.

         4                  I ask that the resolution be read

         5       in its entirety and move for its immediate

         6       adoption and allow Senator Hassell-Thompson to

         7       speak on her resolution.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Senator Klein, has this resolution been deemed

        10       privileged and submitted by the office of the

        11       Temporary President?

        12                  SENATOR KLEIN:    Yes,

        13       Mr. President.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       The Secretary will read.

        16                  THE SECRETARY:    By Senator

        17       Hassell-Thompson, legislative resolution

        18       commending the Reverend Dr. W. Franklyn

        19       Richardson upon the occasion of his 35th

        20       Anniversary, to be celebrated on Tuesday,

        21       April 13, 2010.

        22                  "WHEREAS, The character and

        23       richness of religious and community life in

        24       this noble Empire State is nourished and

        25       fulfilled through the faithful concern and



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         1       selfless devotion of those who would commit

         2       their energies and purpose to the ministry of

         3       others; and

         4                  "WHEREAS, It is the sense of this

         5       Legislative Body to bring full recognition and

         6       just tribute to those individuals who

         7       distinguish themselves and the ministry

         8       through their unremitting commitment and

         9       preeminence of service; and

        10                  "WHEREAS, This Legislative Body is

        11       justly proud to commend The Reverend Dr. W.

        12       Franklyn Richardson upon the occasion of his

        13       35th Anniversary, to be celebrated on Tuesday,

        14       April 13, 2010; and

        15                  "WHEREAS, Reverend Dr. W. Franklyn

        16       Richardson is the senior pastor of the

        17       historic Grace Baptist Church in Mt. Vernon,

        18       New York.  He has been the leader of this

        19       vibrant, diverse, multistaffed ministry since

        20       April 1975.  Under his esteemed leadership,

        21       the congregation has grown to more than 4,000

        22       members, and in 2003, the ministry was

        23       expanded to Port St. Lucie, Florida; and" --

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Can we have some order in the chamber, please.



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         1                  Proceed.

         2                  THE SECRETARY:    -- "and WHEREAS,

         3       Prior to coming to New York, Reverend

         4       Richardson was pastor of Rising Mt. Zion

         5       Baptist Church, located in Richmond, Virginia,

         6       and St. James Baptist Church in Varina,

         7       Virginia, concurrently from 1969 until 1975;

         8       and

         9                  "WHEREAS, A graduate of Virginia

        10       Union University, Reverend Dr. W. Franklyn

        11       Richardson received his divinity degree from

        12       Yale University Divinity School and his

        13       doctorate of ministry as a Wyatt T. Walker

        14       Fellow from the United Theological Seminary in

        15       Dayton, Ohio; and

        16                  "WHEREAS, Reverend Dr. W. Franklyn

        17       Richardson has received many honors for his

        18       extraordinary leadership in ministry,

        19       including the Doctor of Divinity from his

        20       alma mater, Virginia Union University, and

        21       several other colleges and universities.  In

        22       1989, he was inducted into the Martin Luther

        23       King, Jr., Board of Preachers at Morehouse

        24       College in Atlanta, Georgia; and

        25                  "WHEREAS, A community builder and



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         1       organizer for decades, Reverend Dr. W.

         2       Franklyn Richardson has played a pivotal role

         3       in the grassroots efforts of reestablishing a

         4       cultural bridge between community and

         5       education.  He has been involved in the

         6       brick-and-mortar realities of housing

         7       development and is singularly responsible for

         8       leveling the ground by fighting for equitable

         9       opportunities in public education in the

        10       Mt. Vernon community.  His insightful guidance

        11       is responsible for two Grace Church-related

        12       community development corporations; and

        13                  "WHEREAS, Reverend Dr. W. Franklyn

        14       Richardson served as General Secretary for

        15       12 years of the 8-million-member National

        16       Baptist Convention USA, Inc.  This experience

        17       led him to the international arena of the

        18       World Council of Churches, where he served on

        19       its prestigious Central Committee.  The World

        20       Council represents more than 400 million

        21       Christians in 150 nations; and

        22                  "WHEREAS, In addition, Reverend Dr.

        23       W. Franklyn Richardson served on the boards of

        24       the Congress of the National Black Churches,

        25       the National Urban League, and the



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         1       Constituency for Africa.  A life member of the

         2       National Association for the Advancement of

         3       Colored People, he is also a member of the

         4       Sigma Pi Phi fraternity; and

         5                  "WHEREAS, This distinguished

         6       theologian is an internationally sought-after

         7       preacher, lecturer and facilitator, having

         8       preached on several continents.  For the past

         9       30 years, Reverend Dr. W. Franklyn Richardson

        10       has been heard throughout the tristate area on

        11       WVOX Radio is viewed on national television

        12       every Sunday morning; and

        13                  "WHEREAS, Furthermore, Reverend Dr.

        14       W. Franklyn Richardson is the author of the

        15       widely acclaimed Power of the Pew and has

        16       written several extensive articles on

        17       faith-based community developments.  Of note:

        18       "Mission to Mandate" in the National Urban

        19       League's State of Black America.  A published

        20       preacher as well, his sermons can be found in

        21       publications including Keep the Faith, by

        22       Welcome Rain Publishers, and Joy to the World,

        23       by Simon & Schuster; and

        24                  "WHEREAS, A man of intuitive reason

        25       and an incisive mind, Reverend Dr. W. Franklyn



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         1       Richardson demonstrates in his persona the

         2       marvelous union of passion and intellect.  He

         3       is a national advocate for economic equity,

         4       and his counsel and advice is widely solicited

         5       in several major corporate boardrooms

         6       throughout America; and

         7                  "WHEREAS, Currently, Reverend Dr.

         8       W. Franklyn Richardson serves on the boards of

         9       the Institute of Church Administration and

        10       Management at the Interdenominational

        11       Theological Center in Atlanta, Georgia; Pepsi

        12       Cola Ethnic Advisory Board; the Ujamaa

        13       Community Development Corporation; the Harvard

        14       University Divinity School Summer Leadership

        15       Institute for Church-Based Community and

        16       Economic Development; and the Black Equity

        17       Alliance of New York.  He is also the chairman

        18       of the board of the National Action Network

        19       and a trustee of Virginia Union University;

        20       and

        21                  "WHEREAS, With him throughout have

        22       been his wife, Inez Nunnally Richardson, their

        23       two children, and their four grandchildren,

        24       all of whom feel privileged to be a part of

        25       his life and rejoice in his achievements; and



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         1                  "WHEREAS, Reverend Dr. W. Franklyn

         2       Richardson has brought to his ministry an

         3       overwhelming spirit of charity and compassion,

         4       acting from vision and enlightenment in

         5       conducting his administrative and spiritual

         6       duties, while always displaying the highest

         7       standards of personal and professional

         8       integrity and dedication; and

         9                  "WHEREAS, This distinguished man of

        10       God has always given enlightenment, guidance

        11       and wisdom to the many entrusted to his care

        12       and has administered abundantly and

        13       unstintingly to the spiritual and corporal

        14       needs of all; and

        15                  "WHEREAS, It is the sense of this

        16       Legislative Body that when a person of such

        17       noble aims and accomplishments is brought to

        18       our attention, it is appropriate to publicly

        19       and jubilantly proclaim and commend that

        20       individual for the edification of others; now,

        21       therefore, be it resolved

        22                  "RESOLVED, That this Legislative

        23       Body pause in its deliberations to commend

        24       Reverend Dr. W. Franklyn Richardson upon the

        25       occasion of his 35th Anniversary, noting his



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         1       unremitting and compassionate faith and his

         2       exemplary service to God, man and his

         3       community, and extending to him the heartfelt

         4       best wishes of this Legislative Body for a

         5       future of purposeful success and well-being;

         6       and be it further

         7                  "RESOLVED, That a copy of this

         8       resolution, suitably engrossed, be transmitted

         9       to The Reverend Dr. W. Franklyn Richardson."

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Senator Hassell-Thompson.

        12                  SENATOR HASSELL-THOMPSON:    Thank

        13       you, Mr. Chairman.

        14                  At the time that I asked to speak

        15       on the resolution, I wasn't sure that it was

        16       going to be read in its entirety.  So there's

        17       very little that I need to add, except to say

        18       that the leadership of Dr. Franklyn Richardson

        19       goes way beyond the walls of his churches, as

        20       this resolution dictates.

        21                  But it also does not include the

        22       work that he has done to break the silence

        23       around HIV and AIDS.  And he has been one of

        24       the forward ministers of the National Baptist

        25       Convention who has made the world AIDS problem



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         1       one of the top issues for the National Baptist

         2       Convention, because people were not prepared

         3       to put the proper face on who has AIDS in this

         4       country.

         5                  And so that I want to just commend

         6       Dr. Richardson for his committed and focused

         7       dedication to the people not only of the

         8       community of Mt. Vernon, but to the State of

         9       New York and to this country, for the work

        10       that he has done and the leadership that he

        11       has provided, both spiritual, ecumenically,

        12       and certainly as a builder and developer who

        13       recognizes the need for poor and not-so-poor

        14       people to have more than adequate housing in

        15       which to live.

        16                  So I thank you, Mr. President, and

        17       I certainly would like to invite all members

        18       who are present who wish to sign onto this

        19       resolution, and I will be more than happy to

        20       carry this forth at the celebration of the

        21       anniversary.

        22                  And I thank you.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Thank you very much, Senator Hassell-Thompson.

        25                  Senator Stewart-Cousins.



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         1                  SENATOR STEWART-COUSINS:    Thank

         2       you, Mr. President.

         3                  I rise to commend my colleague

         4       Senator Hassell-Thompson for bringing this

         5       resolution forth and, as a member of the

         6       extended family of Reverend Dr. Richardson, to

         7       just commend him also on his 35 years of

         8       being, I believe, a preacher's preacher.

         9                  But as Senator Hassell-Thompson

        10       said, his interests go far, far beyond the

        11       walls of the church, the City of Mt. Vernon,

        12       the county.  He has a national focus.

        13                  But he is someone who thinks

        14       globally and always acts locally.  Whether

        15       it's human rights or civil rights or whether

        16       it's just being there to offer the quiet

        17       spiritual counseling from someone who is more

        18       than willing to be available to whatever

        19       shoulder is needed at any point in time,

        20       Reverend Richardson is there.

        21                  So I do want to say 35 years, I

        22       would never have thought he'd serve this

        23       long -- but he is becoming more and more

        24       influential, powerful, and respected.

        25                  So thank you very much.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Thank you very much, Senator Stewart-Cousins.

         3                  Senator Oppenheimer.

         4                  SENATOR OPPENHEIMER:    Well, we

         5       seem to be the fan club of Reverend

         6       Richardson.

         7                  A lot has been said about him, and

         8       I was going to comment on his passion for

         9       social justice and how he has been a leader

        10       nationwide in that arena.

        11                  But on a more personal note, I

        12       would say that I have been in his church when

        13       he has delivered some of the most

        14       astonishingly beautiful sermons, that you

        15       would think he was a great literary scholar.

        16       Which he probably is.  But the beauty of his

        17       sermons and the way they are structured, with

        18       a beginning, a middle, and an end which

        19       relates back to the beginning, they are really

        20       wonderful examples of literary achievement.

        21                  So not only does he have a

        22       beautiful soul, and working hard to bring

        23       social justice, but he also is an

        24       extraordinary mind who has a gift for writing

        25       and preaching.  And we thank him for that, and



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         1       we thank him for 35 years of dedicated

         2       service, not just to the local community in

         3       Westchester but to the nation.

         4                  Thank you.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Thank you very much, Senator Oppenheimer.

         7                  Are there any other Senators who

         8       wish to be heard on the resolution?

         9                  The question is on the resolution.

        10       All those in favor please signify by saying

        11       aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Opposed, nay.

        15                  (No response.)

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       The resolution is adopted.

        18                  Senator Hassell-Thompson has

        19       indicated that she would like to open the

        20       resolution up for cosponsorship by the entire

        21       house.  Any Senator wishing not to be on the

        22       resolution please notify the desk.

        23                  Senator Klein.

        24                  SENATOR KLEIN:    Mr. President, I

        25       believe there's a resolution at the desk by



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         1       Senator Golden.  I ask that the title of the

         2       resolution be read and move for its immediate

         3       adoption.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Senator Klein, has this resolution been deemed

         6       privileged and submitted by the office of the

         7       Temporary President?

         8                  SENATOR KLEIN:    Yes, it has,

         9       Mr. President.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       The Secretary will read.

        12                  THE SECRETARY:    By Senator

        13       Golden, legislative resolution celebrating the

        14       Sesquicentennial Anniversary of SUNY Downstate

        15       Medical Center.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Are there any Senators that wish to be heard

        18       on the resolution?

        19                  The question is on the resolution.

        20       All those in favor please signify by saying

        21       aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Opposed, nay.

        25                  (No response.)



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       The resolution is adopted.

         3                  Senator Golden has indicated that

         4       he would like to open the resolution up for

         5       cosponsorship by the entire house.  Any

         6       Senator wishing to not be on the resolution

         7       please notify the desk.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Mr. President, at

        10       this time I move we pass the Resolution

        11       Calendar in its entirety, with the exception

        12       of Senate Resolutions 4542, 4571, 4103, 4454,

        13       and 4484.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       All those in favor of adopting the Resolution

        16       Calendar in its entirety, with the exception

        17       of Senate Resolutions 4542, 4571, 4103, 4454,

        18       and 4484, please signify by saying aye.

        19                  (Response of "Aye.")

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Opposed, nay.

        22                  (No response.)

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       The Resolution Calendar is adopted.

        25                  Senator Klein.



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         1                  SENATOR KLEIN:    Mr. President, at

         2       this time I move we take up Senate Resolution

         3       Number 4542, by Senator Duane, and ask that

         4       the resolution be read in its entirety and

         5       move for its immediate adoption.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       The Secretary will read.

         8                  THE SECRETARY:    By Senator Duane,

         9       Legislative Resolution Number 4542, endorsing

        10       the application to bring a space shuttle to

        11       the State of New York for permanent display

        12       for the benefit of the public.

        13                  "WHEREAS, The NASA space shuttle

        14       program has been in operation since 1981; and

        15                  "WHEREAS, The space shuttle program

        16       represents the most successful continued space

        17       program in the history of space exploration;

        18       and

        19                  "WHEREAS, The successes of the

        20       space shuttle program have benefited our

        21       nation and its interests and our entire world

        22       in advancing scientific discovery; and

        23                  "WHEREAS, The National Aeronautics

        24       and Space Administration has announced that

        25       the fleet of space shuttle orbiters will be



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         1       permanently retired within the next one to two

         2       years; and

         3                  "WHEREAS, Institutions around the

         4       United States who are interested in

         5       permanently displaying a space shuttle to the

         6       public have been invited to submit

         7       applications to NASA; and

         8                  "WHEREAS, The Intrepid Sea, Air and

         9       Space Museum in New York has submitted such an

        10       application in pursuit of bringing a space

        11       shuttle to this great Empire State, and

        12       permanently displaying it for the benefit of

        13       the general public; and

        14                  "WHEREAS, The State of New York is

        15       an ideal location to display a shuttle for the

        16       benefit of the general public, due to the

        17       significant size of the local population, the

        18       tens of millions of tourists who visit every

        19       year, and the high concentration of

        20       educational and cultural institutions that

        21       would benefit from the exposition of a shuttle

        22       in New York, as well as numerous other

        23       reasons; now, therefore, be it

        24                  "RESOLVED, That this Legislative

        25       Body pause in its deliberations to hereby



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         1       endorse the application to bring a space

         2       shuttle to the State of New York for permanent

         3       display, and to encourage all New Yorkers to

         4       support this effort; and be it further

         5                  "RESOLVED, That copies of this

         6       resolution, suitably engrossed, be transmitted

         7       to the Intrepid Sea, Air and Space Museum in

         8       New York and the National Aeronautics and

         9       Space Administration."

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Senator Duane.

        12                  SENATOR DUANE:    Thank you,

        13       Mr. President.

        14                  As we know, the space shuttle

        15       program has only three missions left, and then

        16       the program is going to be disbanded and the

        17       shuttles will be mothballed.  And in July,

        18       NASA is expected to decide, as a result of a

        19       nationwide competition, a permanent home for

        20       the shuttles the Endeavor, the Atlantis, and

        21       Discovery.

        22                  Now, the Intrepid, which is moored

        23       on the West Side of Manhattan now permanently,

        24       played a key role during NASA's early years.

        25       It was the primary recovery vessel for



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         1       astronauts and space capsules when they

         2       splashed into the water after the Mercury and

         3       Gemini space missions.  And the Intrepid is a

         4       very important tourist economic engine for the

         5       state.  It brings in over a million visitors

         6       per year.

         7                  And I would be very pleased and

         8       proud if my colleagues would join me in urging

         9       NASA to bring home one of the three of the

        10       shuttles and give it a permanent home in our

        11       state at Pier 86 on Manhattan's West Side.

        12                  And so, Mr. President, I urge

        13       everyone to vote in favor.  But if I may even

        14       anticipate a favorable response, I also would

        15       welcome everyone to sign onto the resolution,

        16       and I would like it to be open to everyone.

        17                  Thank you, Mr. President.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Thank you, Senator Duane.

        20                  Are there any other Senators that

        21       wish to speak on the resolution?

        22                  The question is on the resolution.

        23       All those in favor please signify by saying

        24       aye.

        25                  (Response of "Aye.")



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Opposed, nay.

         3                  (No response.)

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       The resolution is adopted.

         6                  Senator Duane has indicated that he

         7       would like to open this resolution up to the

         8       entire body for cosponsorship.  Any Senator

         9       wishing not to be on the resolution please

        10       inform the desk.

        11                  Senator Klein.

        12                  SENATOR KLEIN:    Mr. President, at

        13       this time can we take up Senate Resolution

        14       4571, by Senator Adams.  I ask that the title

        15       of the resolution be read and move for its

        16       immediate adoption.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       The Secretary will read.

        19                  THE SECRETARY:    By Senator Adams,

        20       Legislative Resolution Number 4571,

        21       memorializing Governor David A. Paterson to

        22       proclaim April 2010 as Autism Awareness Month

        23       in the State of New York.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Senator Adams.



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         1                  SENATOR ADAMS:    Thank you,

         2       Mr. President.

         3                  This is an important month.  This

         4       is Autism Awareness Month.  And autism is one

         5       of the many illnesses that impacts children.

         6       And it just draws attention to the whole issue

         7       around children with special needs.

         8                  And I just want to make sure that

         9       we never forget that behind a child with

        10       special needs is a special parent, and that

        11       parent must ensure that that child has a

        12       countless number of hours of attention.  And

        13       one of the highest levels of love and

        14       affection comes from a parent that shows the

        15       attention to a child with special needs.

        16                  Autism impacts over 17,000 students

        17       in New York City between the ages of 4 and 21.

        18       Boys are four times more likely to be impacted

        19       by autism, and one in every 58 boys will be

        20       diagnosed with autism.  So we must ensure that

        21       we do all that we can to provide the needed

        22       services, provide the needed care.

        23                  I've always believed that the three

        24       areas of our society that we should give the

        25       greatest level of focus and attention during



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         1       these budgetary moments is our seniors, our

         2       children, and our children with special needs.

         3                  And so I believe that by this being

         4       Autism Awareness Month, it gives us the

         5       opportunity to understand the importance of

         6       allocating the necessary resources, services

         7       and, more important, the necessary patience

         8       for those who are afflicted with autism.

         9                  Thank you, Mr. President.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Thank you very much, Senator Adams.

        12                  Are there any other Senators that

        13       wish to be heard on this resolution?

        14                  Senator McDonald.

        15                  SENATOR McDONALD:    Thank you,

        16       Mr. President.

        17                  I would like to thank everybody for

        18       this resolution.  More importantly, I'd like

        19       to thank each and every member of the Senate

        20       and the Assembly -- each party, each house --

        21       for their commitment to this issue.  I have

        22       yet to speak to anybody who wasn't genuinely

        23       committed to it.  And as it was spoken

        24       earlier, we're here for people more than

        25       anything else, and this is all about people.



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         1                  Now, this is a special issue for

         2       me.  That issue is I have two grandsons,

         3       brothers, that are both autistic.  It changes

         4       your life.  It changes your outlook on life.

         5       It's very, very important.

         6                  And as much as I like the

         7       resolution, I know that this year, next year,

         8       and unfortunately for years in the future

         9       we'll be dealing with this issue.  Which means

        10       that we're going to have to talk about some

        11       very serious things -- supporting families,

        12       especially single-parent families, economic

        13       assistance, educational assistance, all kinds

        14       of therapy.  And, when these folks grow up to

        15       be 21, supporting adult facilities, homes,

        16       jobs, whatever is needed.

        17                  The numbers are getting staggering.

        18       It's frightening.  But I think this body,

        19       along with our colleagues in the Assembly and

        20       our Governor, I think all of us working as a

        21       team, we can do this.  We can make our folks

        22       who have this problem in New York State, we

        23       can make their lives a little bit better, a

        24       little easier.  And I think we can lead this

        25       whole country on this issue.



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         1                  This will be an issue that we will

         2       be dealing with, no matter who we are in this

         3       chamber, for a long time.  And quite frankly,

         4       I think everybody here is up to the task, and

         5       I'm proud to be part of that team.

         6                  Thank you.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Thank you, Senator McDonald.

         9                  Senator Volker.

        10                  SENATOR VOLKER:    I just want to

        11       thank you for the resolution, everyone.

        12                  And my son -- who is an adolescent

        13       psychologist, has a professorship at SUNY

        14       Buffalo -- has been doing studies on autism

        15       for many years.  In fact, he has had federal

        16       and state programs that he's been involved

        17       with -- and now that he's married a

        18       Chinese-Canadian wife, who also is a professor

        19       of psychology, the two of them are working on

        20       autism.  And I frankly think that they're

        21       doing some great work at SUNY Buffalo.

        22                  But the biggest thing is that

        23       autism has become a cause that it was not

        24       before, because people just didn't realize the

        25       importance and the amount of it that there



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         1       was.

         2                  So I want to thank everybody

         3       involved here, Eric and Roy, for the work that

         4       you're doing.  I have a feeling that we're

         5       going to find out that this issue is only

         6       going to get bigger as the years went on.  And

         7       what we're doing in this Legislature will

         8       become very, very historic, I believe.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       The question is on the resolution.  All those

        11       in favor please signify by saying aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Opposed, nay.

        15                  (No response.)

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       The resolution is adopted.

        18                  Senator Adams has indicated that he

        19       would like to open this resolution up to the

        20       entire body for cosponsorship.  Any Senator

        21       wishing to not be on the resolution please

        22       inform the desk.

        23                  Senator Klein.

        24                  SENATOR KLEIN:    Mr. President, at

        25       this time can we please go to a reading of the



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         1       calendar.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       The Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       50, by Senator C. Kruger --

         6                  SENATOR KLEIN:    Lay the bill

         7       aside for the day.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       The bill is laid aside for the day.

        10                  The Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       104, by Senator Aubertine, Senate Print 6303,

        13       an act to amend the Agriculture and Markets

        14       Law, in relation to food donation.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Read the last section.

        17                  THE SECRETARY:    Section 3.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Call the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Senator Little, to explain her vote.

        24                  SENATOR LITTLE:    Thank you.  I

        25       would just like to thank Senator Aubertine for



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         1       putting forth this bill.

         2                  This is a really important bill,

         3       and it is going to serve the purpose of

         4       allowing soup kitchens and places where they

         5       feed people in need to be able to accept many,

         6       many food donations from restaurants and other

         7       places that before this time were concerned

         8       about the liability issue of passing along the

         9       food that they had not used for the day to a

        10       soup kitchen or to a food pantry.

        11                  So thank you very much.  I think

        12       it's a good step in New York State.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Announce the results.

        15                  THE SECRETARY:    Ayes, 58.  Nays,

        16       0.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       The bill is passed.

        19                  The Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       199, by Member of the Assembly --

        22                  SENATOR KLEIN:    Lay the bill

        23       aside for the day.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       The bill is laid aside for the day.



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         1                  THE SECRETARY:    Calendar Number

         2       214, by Member of the Assembly Latimer,

         3       Assembly Print Number --

         4                  SENATOR KLEIN:    Lay the bill

         5       aside for the day.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       The bill is laid aside for the day.

         8                  THE SECRETARY:    Calendar Number

         9       262, by Senator Morahan, Senate Print --

        10                  SENATOR KLEIN:    Lay the bill

        11       aside for the day.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       The bill is laid aside for the day.

        14                  THE SECRETARY:    Calendar Number

        15       288, by Senator Breslin, Senate Print --

        16                  SENATOR KLEIN:    Lay the bill

        17       aside for the day.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       The bill is laid aside for the day.

        20                  THE SECRETARY:    Calendar Number

        21       299, by Member of the Assembly Jeffries,

        22       Assembly Print Number 7899A, an act to amend

        23       the Estates, Powers and Trusts Law, in

        24       relation to establishing.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Read the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Call the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 57.  Nays,

         8       1.  Senator Saland recorded in the negative.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       The bill is passed.

        11                  The Secretary will read.

        12                  THE SECRETARY:    Calendar Number

        13       302, by Senator C. Johnson, Senate Print 716,

        14       an act to authorize Vaishnav Temple of

        15       New York.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Call the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Announce the results.

        25                  THE SECRETARY:    Those recorded in



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         1       the negative on Calendar Number 302 are

         2       Senators Bonacic and Larkin.

         3                  Ayes, 56.  Nays, 2.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       The bill is passed.

         6                  The Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       313, by --

         9                  SENATOR KLEIN:    Lay the bill

        10       aside for the day.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       The bill is laid aside for the day.

        13                  Senator Klein, that completes the

        14       reading of the noncontroversial calendar.

        15                  SENATOR KLEIN:    Mr. President, is

        16       there any further business at the desk?

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Senator Klein, the desk is clear.

        19                  SENATOR KLEIN:    There being no

        20       further business, Mr. President, I move that

        21       we adjourn at the call of the Temporary

        22       President, intervening days to be legislative

        23       days.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       There being no further business to come before



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         1       the Senate, on motion, the Senate stands

         2       adjourned at the call of the Temporary

         3       President, intervening days being legislative

         4       days.

         5                  (Whereupon, at 4:00 p.m., the

         6       Senate adjourned.)

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