Regular Session - February 15, 2011
749
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 February 15, 2011
11 11:40 a.m.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR JOSEPH GRIFFO, Acting President
19 FRANCIS W. PATIENCE, 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 GRIFFO: The
3 Senate will come to order.
4 I ask all present to please rise
5 and recite the Pledge of Allegiance with me.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT GRIFFO: In the
9 absence of clergy, I ask all to bow their
10 heads for a moment of silence.
11 (Whereupon, the assemblage
12 respected a moment of silence.)
13 ACTING PRESIDENT GRIFFO: The
14 reading of the Journal.
15 The Secretary will read.
16 THE SECRETARY: In Senate,
17 Monday, February 14, the Senate met pursuant
18 to adjournment. The Journal of Sunday,
19 February 13, was read and approved. On
20 motion, Senate adjourned.
21 ACTING PRESIDENT GRIFFO: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
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1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Libous.
8 SENATOR LIBOUS: Thank you,
9 Mr. President.
10 On behalf of Senator Maziarz,
11 Mr. President, on page 8 I offer the following
12 amendments to Calendar Number 10, Senate Print
13 Number 177, and I ask that said bill retain
14 its place on the Third Reading Calendar.
15 ACTING PRESIDENT GRIFFO: The
16 amendments are received, and the bill will
17 retain its place on Third Reading Calendar.
18 Senator Libous.
19 SENATOR LIBOUS: Thank you,
20 Mr. President.
21 Mr. President, at this time I'd
22 like to adopt the Resolution Calendar, with
23 the exception of Resolutions 492, 532, 534 and
24 537.
25 ACTING PRESIDENT GRIFFO: The
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1 motion is to adopt the Resolution Calendar,
2 with the exception of Resolutions 532, 534,
3 537 and 492. All in favor please signify by
4 saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT GRIFFO:
7 Opposed, if any.
8 (No response.)
9 ACTING PRESIDENT GRIFFO: The
10 Resolution Calendar is adopted.
11 Senator Libous.
12 SENATOR LIBOUS: Mr. President,
13 Senator Breslin has a resolution, Number 534,
14 at the desk. Could we please have the title
15 read and move for its immediate adoption.
16 ACTING PRESIDENT GRIFFO: The
17 Secretary will read.
18 THE SECRETARY: By Senator
19 Breslin, Legislative Resolution Number 534,
20 commending John McLoughlin upon the occasion
21 of his more than 35 years of distinguished
22 journalistic service to WTEN-News 10, Albany,
23 New York.
24 ACTING PRESIDENT GRIFFO: Senator
25 Breslin.
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1 SENATOR BRESLIN: Thank you,
2 Mr. President.
3 I rise in support of the resolution
4 honoring John McLoughlin, who is now retiring.
5 And I know that a lot of members of this body
6 as well as in the Assembly take a big sigh of
7 relief knowing they will no longer be asked
8 questions by John McLoughlin.
9 And when elected officials stand up
10 to microphones, they frequently in their minds
11 say, I know the ten questions I want to
12 answer; there's one I don't. And John
13 McLoughlin would invariably ask that question.
14 But he'd always do it with a twinkle in his
15 eye, with the penetration of the elected
16 official being the victim.
17 John McLoughlin was the consummate
18 journalist, TV journalist, spending 35 years
19 at Channel 10. And he's a native of the area.
20 He's a graduate of La Salle Institute in Troy
21 and, for some of the older members, graduated
22 in the same high school class with Mike
23 Hoblock. And I happen to have graduated the
24 same year from a competitive high school,
25 Vincentian Institute.
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1 But over the years the respect that
2 I have for John McLoughlin has grown and grown
3 and grown. From a writer with local
4 newspapers, some background at Siena College
5 and the Columbia School of Journalism, John
6 was an excellent writer. He then went to
7 Channel 10, where he really blossomed,
8 becoming some years ago the managing editor.
9 But he is truly, truly the master
10 of his craft. We will miss him, although I
11 somehow feel that we will see him in the
12 not-too-distant future coming back on at least
13 a part-time basis to again ask all of us those
14 probative questions that allow his viewers to
15 have insight into what we do here in the
16 Legislature.
17 Thank you, Mr. President.
18 ACTING PRESIDENT GRIFFO: Thank
19 you, Senator Breslin.
20 Senator Farley, on the resolution.
21 SENATOR FARLEY: Thank you.
22 I rise to pay tribute to John
23 McLoughlin, a noble Trojan -- as is noble
24 counsel up there, Jack Casey.
25 John McLoughlin was one of a kind,
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1 to say the least. He would always approach
2 you in a mischievous way, many times. And I
3 can recall one instance with Senator Bruno at
4 a press conference, he was going over the
5 budget, and he asked some sort of a pointed
6 question that Senator Bruno didn't care for.
7 And he says, "Here's the whole budget, you
8 read it for yourself." He threw the whole
9 budget at him, which was that high -- and
10 McLoughlin caught it.
11 But he was really somebody that
12 made a difference. He made watching the news
13 entertaining, I think more than almost any
14 reporter that I know. He had the Irish wit.
15 And he was a very, very courageous newsman who
16 really asked the hard questions.
17 And truly I think of all the people
18 that I've known in this media business, John
19 McLoughlin stands out as one of the most
20 outstanding that has ever served this Capitol.
21 He knew where every body was buried, and he
22 tried to look them up too.
23 And John will be missed, but I'm
24 sure that we're going to see more of him. And
25 I rise to pay tribute to him.
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1 ACTING PRESIDENT GRIFFO: Thank
2 you, Senator Farley.
3 Senator Libous.
4 SENATOR LIBOUS: Thank you,
5 Mr. President.
6 I want to add also, with my
7 colleagues, I too will miss John McLoughlin.
8 John was always that one reporter that you
9 tried to get away from -- Senator Breslin,
10 you're right -- because you knew he was going
11 to ask you the very tough question.
12 And he always did it in his own
13 way. He waited until -- you'd be in the
14 hallway, there would be a swarm of reporters
15 around you, and then this arm would come out
16 and he'd kind of grab you by the arm, and he'd
17 go, "Senator, can you stay for a minute so I
18 can talk to you?" And I'd be like, Darn, he
19 caught me.
20 But he certainly was the dean of
21 the news media. He was a great guy. And even
22 when he asked you the very, very tough
23 questions, as Senator Farley said, he did it
24 in a very nice way. And when you got done,
25 he'd always say "Thank you." And then you'd
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1 walk away scratching your head and wondering,
2 Oh, boy, what did I say.
3 So I want to join my colleagues in
4 saying farewell, obviously, to a real giant in
5 the news service business here in Albany, and
6 someone that I've enjoyed working with and
7 having him be a part of this Capitol and a
8 small part of my life over the past few years.
9 Thank you.
10 ACTING PRESIDENT GRIFFO: Thank
11 you, Senator Libous.
12 Any other Senator wishing to be
13 heard on the resolution?
14 (No response.)
15 ACTING PRESIDENT GRIFFO: The
16 question is on the resolution. All in favor
17 signify by saying aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT GRIFFO:
20 Opposed, nay.
21 (No response.)
22 ACTING PRESIDENT GRIFFO: The
23 resolution is adopted.
24 Senator Libous.
25 SENATOR LIBOUS: Mr. President, I
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1 believe Senator Breslin would like members
2 to -- if all members would go on the
3 resolution.
4 And as we normally do in our custom
5 and policy, if you do not want to be on the
6 resolution, the Senator has opened it up, let
7 the desk know; otherwise, we will all be on
8 the resolution.
9 ACTING PRESIDENT GRIFFO: The
10 resolution is open for cosponsorship. If you
11 choose not to be a cosponsor, please notify
12 the desk.
13 Senator Libous.
14 SENATOR LIBOUS: Thank you,
15 Mr. President. I believe Senator Kennedy has
16 Resolution 492 at the desk. Could I ask for
17 its title to be read, and would you call on
18 Senator Kennedy, please.
19 ACTING PRESIDENT GRIFFO: The
20 Secretary will read.
21 THE SECRETARY: By Senator
22 Kennedy, Legislative Resolution Number 492,
23 honoring Marjorie S. Ryan upon the occasion of
24 her designation as recipient of the Tom Sands
25 Community Service Award by Bishop Timon
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1 St. Jude High School.
2 ACTING PRESIDENT GRIFFO: Senator
3 Kennedy on the resolution.
4 SENATOR KENNEDY: Thank you,
5 Mr. President. I'd also like to thank Senator
6 Libous for his accommodation today.
7 I rise today to recognize Marjorie
8 S. Ryan, whom all in South Buffalo know simply
9 as "Marge." This Saturday, Marge will be
10 awarded the Tom Sands Community Service Award
11 by Bishop Timon St. Jude High School.
12 Marge is a lifelong resident of
13 South Buffalo. She's been a stalwart advocate
14 for volunteerism and community service, two
15 attributes which she has exemplified in her
16 unending dedication to the beautification and
17 betterment of our community.
18 As the president of South Buffalo
19 Alive, a nonprofit organization dedicated to
20 improving the quality of life in South
21 Buffalo, Marge has worked diligently to
22 complete a variety of beautification projects
23 throughout the neighborhood. One major
24 example of Marge's work: The reconstruction
25 and restoration of McClellan and McKinley
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1 Circles on McKinley Parkway, originally
2 designed by Frederick Law Olmstead. The
3 project has added color and beauty to the
4 central parkway while remaining true to the
5 design and vision by the nationally acclaimed
6 landscape architect.
7 Other projects spearheaded by Marge
8 include the restoration of Morgan Park, the
9 annual Christmas tree lighting on Potters and
10 Abbott Road, the Bricks in the Bowl Initiative
11 in Cazenovia Park, the Tim Russert Children's
12 Garden on South Park Avenue, the stone
13 flowerpots on South Park Avenue, the Annual
14 South Buffalo Garden Walk, and many others.
15 Marge and many other volunteers and
16 members of South Buffalo Alive put in
17 countless hours maintaining the open green
18 spaces in South Buffalo, keeping the
19 neighborhood welcoming and beautiful for all
20 to come and visit.
21 In addition to her beautification
22 efforts, Marge has played a crucial role in
23 advising policymakers and project designers as
24 to what the needs of all South Buffalonians
25 are, whether it is the Outer Harbor Parkway or
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1 the South Park Avenue Revitalization Project
2 or many other projects.
3 When you need to know what will
4 work best for South Buffalo, you go to Marge
5 Ryan. Marge's voice is an important aspect of
6 every restoration and beautification project
7 within South Buffalo.
8 As an advocate, a preservationist,
9 a volunteer and a friend, Marge has always
10 been a leader within our community, the South
11 Buffalo community, and the greater Western
12 New York community. It is with great pride
13 that the New York State Senate congratulates
14 Marge Ryan, her husband, Tom, her children and
15 grandchildren on this great honor recognizing
16 her commitment to community service.
17 Again, I thank Senator Libous for
18 this opportunity to speak on behalf of Marge
19 Ryan, who is not with us physically today but
20 is watching on the Internet from Western
21 New York.
22 Thank you very much, Mr. President.
23 ACTING PRESIDENT GRIFFO: Thank
24 you, Senator Kennedy.
25 Is there any other Senator wishing
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1 to be heard on the resolution?
2 (No response.)
3 ACTING PRESIDENT GRIFFO: There
4 being none, the question is on the resolution.
5 All in favor signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT GRIFFO:
8 Opposed, nay.
9 (No response.)
10 ACTING PRESIDENT GRIFFO: The
11 resolution is adopted.
12 Senator Libous.
13 SENATOR LIBOUS: Mr. President, I
14 believe there is a resolution at the desk by
15 Senator Hassell-Thompson. May we please have
16 its title read and call on Senator
17 Hassell-Thompson, please.
18 ACTING PRESIDENT GRIFFO: The
19 Secretary will read.
20 THE SECRETARY: By Senator
21 Hassell-Thompson, Legislative Resolution
22 Number 532, commemorating the 50th anniversary
23 of the historical New Rochelle schools
24 desegregation suit, the "Little Rock of the
25 North."
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1 ACTING PRESIDENT GRIFFO: Senator
2 Hassell-Thompson.
3 SENATOR HASSELL-THOMPSON: Thank
4 you, Mr. President.
5 Just very briefly, I would like to
6 thank the President for allowing this
7 resolution to go forward.
8 This is the fiftieth anniversary of
9 the historical New Rochelle desegregation
10 case, known as the "Little Rock of the North."
11 During Black History Month and throughout the
12 year, I believe it is important to reflect on
13 the struggles and victories of
14 African-Americans throughout our country's
15 history and to recognize their numerous
16 valuable contributions to society.
17 We would like to believe that in
18 2011 that cases of desegregation are gone
19 forever. Not so. Therefore, it is important
20 for us to recall the importance of cases like
21 Brown versus the Board of Education in Topeka,
22 Kansas, of 1954, where the United States ruled
23 that separate but equal schools are inherently
24 unequal, and therefore the New Rochelle school
25 case, which happened seven years later.
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1 Thank you again, Mr. President.
2 And those who would be like to sign onto this
3 resolution, I will accept their doing so and
4 would be pleased if they would support this
5 resolution.
6 Thank you, Mr. President.
7 ACTING PRESIDENT GRIFFO: Thank
8 you, Senator Hassell-Thompson.
9 Any other Senator wishing to be
10 heard on the resolution?
11 (No response.)
12 ACTING PRESIDENT GRIFFO: There
13 being none, the question is on the resolution.
14 All in favor signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT GRIFFO:
17 Opposed, nay.
18 (No response.)
19 ACTING PRESIDENT GRIFFO: The
20 resolution is adopted.
21 Senator Libous.
22 SENATOR LIBOUS: Thank you,
23 Mr. President.
24 There is another resolution at the
25 desk by Senator Carlucci, Number 537. Could
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1 you please have its title read and call on
2 Senator Carlucci, please.
3 ACTING PRESIDENT GRIFFO: The
4 Secretary will read.
5 THE SECRETARY: By Senator
6 Carlucci, Legislative Resolution Number 537,
7 mourning the death of Craig Miller, a
8 decorated Vietnam veteran, distinguished
9 citizen and devoted member of his community.
10 ACTING PRESIDENT GRIFFO: Senator
11 Carlucci on the resolution.
12 SENATOR CARLUCCI: Thank you,
13 Mr. President.
14 I wanted to take this time to honor
15 Craig Miller, who, as said in the title, is a
16 decorated Vietnam veteran, distinguished
17 citizen, and devoted and dedicated member of
18 his community. Unfortunately, Craig Miller
19 passed away on Thursday, January 27th, of this
20 year.
21 Craig Miller was a hometown hero
22 serving as a member of the 173rd United States
23 Army Airborne Brigade during Vietnam. After
24 the death of his fellow soldier Nicholas
25 Lesando, Jr., Craig Miller accompanied the
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1 body of his friend when it was brought home to
2 the United States right in Warwick, New York.
3 He then volunteered to go back to
4 Vietnam, where he was seriously wounded and
5 spent months at a hospital in Japan. He then
6 returned to the United States and earned the
7 Purple Heart for his valiant military service.
8 I would ask that this legislative
9 body pause in its deliberations to mourn the
10 death of Craig Miller, a decorated Vietnam
11 veteran, a distinguished citizen, and a
12 dedicated and committed member of his
13 community.
14 Thank you, Mr. President.
15 ACTING PRESIDENT GRIFFO: Thank
16 you, Senator Carlucci.
17 Senator Larkin.
18 SENATOR LARKIN: Thank you,
19 Mr. President.
20 And thank you, Senator Carlucci,
21 for allowing me to join you.
22 I knew the Miller family when I was
23 a member of the Assembly. Craig always gave
24 the impression that he had total respect for
25 his fellow man. He didn't care who it was, he
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1 was there.
2 When he went away in the service
3 somebody said, "My God, he's so dangerous he
4 may get killed." He didn't. Some of his
5 friends did. But he sacrificed himself being
6 wounded by going out and getting somebody
7 back.
8 He had a total commitment. The
9 community mourned, his death was a shock
10 because everybody thought of Craig as an
11 individual that was needed by the community.
12 Those of us who are associated with
13 the Purple Heart Hall of Honor are very
14 saddened because we were trying to get Craig
15 in to work with us so that a lot of young
16 people who have received the Purple Hearts
17 would come down and be part of the system. He
18 didn't want the glory, but he did help us a
19 lot. More importantly, he showed our country
20 and the world what good, solid, hardworking,
21 dedicated, committed Americans are about.
22 He will be a loss as the community
23 mourns the sad passing of a dedicated
24 individual.
25 Thank you, Mr. President.
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1 Thank you, Senator Carlucci.
2 ACTING PRESIDENT GRIFFO: Thank
3 you, Senator Larkin.
4 Is there any other Senator wishing
5 to be heard?
6 The question is on the resolution.
7 All in favor signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT GRIFFO:
10 Opposed, nay.
11 (No response.)
12 ACTING PRESIDENT GRIFFO: The
13 resolution is adopted.
14 Senator Libous.
15 SENATOR LIBOUS: Mr. President,
16 if we could go back to Senator
17 Hassell-Thompson's resolution, she would like
18 to open that up for sponsorship.
19 So as we do with our policy, if
20 someone does not wish to be on the resolution,
21 please let the desk know. Otherwise, we will
22 all be on it for sponsorship.
23 Thank you, Senator.
24 ACTING PRESIDENT GRIFFO: The
25 resolution is open for cosponsorship. If you
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1 choose not to be a cosponsor, please notify
2 the desk.
3 Thank you, Senator Libous.
4 Senator Libous.
5 SENATOR LIBOUS: Mr. President, I
6 believe that Senator Sampson has three
7 privileged resolutions at the desk. If we
8 could have the titles read and adopt them.
9 ACTING PRESIDENT GRIFFO: The
10 Secretary will read.
11 THE SECRETARY: By Senator
12 Sampson, legislative resolution commending
13 Reverend Sharon E. Codner-Walker upon the
14 occasion of her designation for special
15 recognition by the United Christian Church.
16 ACTING PRESIDENT GRIFFO: The
17 question is on the resolution. All in favor
18 signify by saying aye.
19 (Response of "Aye.")
20 ACTING PRESIDENT GRIFFO:
21 Opposed?
22 (No response.)
23 ACTING PRESIDENT GRIFFO: The
24 resolution is adopted.
25 The Secretary will read.
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1 THE SECRETARY: By Senator
2 Sampson, legislative resolution commending the
3 Asian-American Bar Association of New York
4 upon the occasion of hosting its 22nd Annual
5 Banquet.
6 ACTING PRESIDENT GRIFFO: The
7 question is on the resolution. All in favor
8 signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT GRIFFO:
11 Opposed?
12 (No response.)
13 ACTING PRESIDENT GRIFFO: The
14 resolution is adopted.
15 The Secretary will read.
16 THE SECRETARY: By Senator
17 Sampson, legislative resolution commending
18 First Presbyterian Church of Brooklyn upon the
19 occasion of hosting the 17th Annual Police
20 Appreciation Day Service on Sunday,
21 February 27, 2011.
22 ACTING PRESIDENT GRIFFO: The
23 question is on the resolution. All in favor
24 signify by saying aye.
25 (Response of "Aye.")
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1 ACTING PRESIDENT GRIFFO:
2 Opposed?
3 (No response.)
4 ACTING PRESIDENT GRIFFO: The
5 resolution is adopted.
6 Senator Libous.
7 SENATOR LIBOUS: Mr. President,
8 before I ask if there's any further business
9 at the desk, I believe there will be a
10 Veterans and Homeland Security Committee
11 meeting immediately following session in
12 Room 124.
13 And then if you could please call
14 on Senator Hassell-Thompson, we will then do
15 our housekeeping.
16 ACTING PRESIDENT GRIFFO: Senator
17 Hassell-Thompson, for an announcement.
18 SENATOR HASSELL-THOMPSON: Thank
19 you, Mr. President.
20 There will be an immediate meeting
21 of the Democratic Conference in the Democratic
22 Conference Room following session.
23 ACTING PRESIDENT GRIFFO: There
24 will be a meeting of the Democratic Conference
25 in the Democratic Conference Room, and there
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1 will be a meeting of the Veterans and Homeland
2 Security Committee in Room 124 following
3 session.
4 SENATOR LIBOUS: Mr. President,is
5 there any further business at the desk?
6 ACTING PRESIDENT GRIFFO: There
7 is no other business before the desk,
8 Senator Libous.
9 SENATOR LIBOUS: Thank you,
10 Mr. President.
11 There being no further business to
12 come before the Senate today, I move that we
13 adjourn until Monday, February 28th, at
14 3:00 p.m., intervening days being legislative
15 days.
16 ACTING PRESIDENT GRIFFO: On
17 motion, the Senate stands adjourned until
18 Monday, February 28th, at 3:00 p.m.,
19 intervening days being legislative days.
20 (Whereupon, at 12:00 p.m., the
21 Senate adjourned.)
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