Regular Session - March 16, 2011

                                                            1463



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    March 16, 2011

        11                      11:21 a.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18

        19  SENATOR JOSEPH A. GRIFFO, Acting President

        20  FRANCIS W. PATIENCE, Secretary

        21

        22

        23

        24

        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 join with me as we recite the Pledge of

         6       Allegiance to our Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT GRIFFO:    Today's

        10       invocation will be offered by the Reverend

        11       Peter G. Young, of the Mother Teresa Community

        12       here in Albany.

        13                  Father?

        14                  REVEREND YOUNG:    Thank you,

        15       Senator.

        16                  Let us pray.

        17                  God, by Your love, You made a world

        18       where we have become neighbors to each other

        19       and we are enabled to love one another.  Let

        20       us remember today those that are in Japan that

        21       are suffering with a traumatic kind of

        22       potential meltdown for nuclear problems.  And

        23       may we pray, too, for peace in the Mideast.

        24                  May we again grant that You too may

        25       use the Senate to strive toward a way of life



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         1       in keeping with God's plan.  We pray that You

         2       will bless our Senators generously who devote

         3       themselves to helping our New York State

         4       citizens.

         5                  Amen.

         6                  ACTING PRESIDENT GRIFFO:    Thank

         7       you, Father.

         8                  The reading of the Journal.

         9                  THE SECRETARY:    In Senate,

        10       Tuesday, March 15th, the Senate met pursuant

        11       to adjournment.  The Journal of Monday,

        12       March 14th, was read and approved.  On motion,

        13       Senate adjourned.

        14                  ACTING PRESIDENT GRIFFO:    Without

        15       objection, the Journal stands approved as

        16       read.

        17                  Presentation of petitions.

        18                  Messages from the Assembly.

        19                  The Secretary will read.

        20                  THE SECRETARY:    On page 18,

        21       Senator Little moves to discharge, from the

        22       Committee on Health, Assembly Bill Number 1635

        23       and substitute it for the identical Senate

        24       Bill Number 1689, Third Reading Calendar 191.

        25                  ACTING PRESIDENT GRIFFO:



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         1       Substitution ordered.

         2                  THE SECRETARY:    On page 18,

         3       Senator Espaillat moves to discharge, from the

         4       Committee on Housing, Construction and

         5       Community Development, Assembly Bill Number

         6       570 and substitute it for the identical Senate

         7       Bill Number 3114, Third Reading Calendar 195.

         8                  ACTING PRESIDENT GRIFFO:

         9       Substitution so ordered.

        10                  THE SECRETARY:    On page 19,

        11       Senator Fuschillo moves to discharge, from the

        12       Committee on Higher Education, Assembly Bill

        13       Number 5664 and substitute it for the

        14       identical Senate Bill Number 3536, Third

        15       Reading Calendar 201.

        16                  ACTING PRESIDENT GRIFFO:

        17       Substitution is so ordered.

        18                  Messages from the Governor.

        19                  Reports of standing committees.

        20                  Reports of select committees.

        21                  Communications and reports from

        22       state officers.

        23                  Motions and resolutions.

        24                  Senator Libous.

        25                  SENATOR LIBOUS:    Thank you,



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         1       Mr. President.

         2                  There will be an immediate meeting

         3       of the Finance Committee in Room 332 -- that's

         4       the Finance Committee immediately will meet in

         5       Room 332.

         6                  The Senate will stand at ease.

         7                  ACTING PRESIDENT GRIFFO:    There

         8       will be an immediate meeting of the Senate

         9       Finance Committee in Room 332.

        10                  The Senate stands at ease.

        11                  (Whereupon, the Senate stood at

        12       ease at 11:25 a.m.)

        13                  (Whereupon, the Senate reconvened

        14       at 11:45 a.m.)

        15                  ACTING PRESIDENT GRIFFO:    The

        16       Senate will come to order.

        17                  Senator Libous.

        18                  SENATOR LIBOUS:    Mr. President,

        19       can we return to motions and resolutions,

        20       please.

        21                  ACTING PRESIDENT GRIFFO:    We will

        22       return to motions and resolutions.

        23                  Senator Libous.

        24                  SENATOR LIBOUS:    Mr. President, I

        25       believe there's a resolution at the desk by



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         1       Senator LaValle.  Could we have it read in its

         2       entirety and call on Senator LaValle, please.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       Secretary will read.

         5                  THE SECRETARY:    Legislative

         6       resolution by Senator LaValle, congratulating

         7       the Rocky Point High School Varsity

         8       Cheerleading Team upon the occasion of

         9       capturing the National Championship in the

        10       Universal Cheerleaders Association's Medium

        11       Varsity Division.

        12                  "WHEREAS, Athletic competition

        13       enhances the moral and physical development of

        14       the young people of this state, preparing them

        15       for the future by instilling in them the value

        16       of teamwork, encouraging a standard of healthy

        17       living, imparting a desire for success, and

        18       developing a sense of fair play and

        19       competition; and

        20                  "WHEREAS, This Legislative Body is

        21       justly proud to congratulate the Rocky Point

        22       High School Varsity Cheerleading Team upon the

        23       occasion of capturing the National

        24       Championship in the Universal Cheerleaders

        25       Association's Medium Varsity Division in



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         1       Orlando, Florida, on February 12-13, 2011; and

         2                  "WHEREAS, The Rocky Point High

         3       School Varsity Cheerleading Team competed

         4       against the top 32 teams in the country.  This

         5       is the first time a Long Island team has won

         6       the Universal Cheerleaders Association's

         7       national title; and

         8                  "WHEREAS, A week before the

         9       national competition, the Rocky Point

        10       Cheerleading Squad placed first at the Long

        11       Island Championship at Suffolk County

        12       Community College in Selden, New York.  The

        13       team secured the highest recorded score, 144.5

        14       out of a possible 150 points, in the history

        15       of the Long Island Cheerleading Coaches

        16       Association (LICCA).  In addition, Rocky Point

        17       Cheerleading Coach Anna Spallina received a

        18       Lifetime Achievement Award from the LICCA as

        19       one of Long Island's most deserving coaches;

        20       and

        21                  "WHEREAS, Loyally and

        22       enthusiastically supported by family, fans,

        23       friends and the community at large, the Rocky

        24       Point Varsity Cheerleading Team have proven

        25       themselves to be an unbeatable combination of



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         1       athletic and academic talents, reflecting

         2       favorably on their community; and

         3                  "WHEREAS, The Rocky Point High

         4       School Varsity Cheerleading Team includes:

         5       Nicole Danisi, Rebecca Farley, Heather Haas,

         6       Angela Henriksen, Cori Icopelli, Elizabeth

         7       Johannesen, Ally Kaleita, Amanda Lang, Kaity

         8       Moran, Emily Cincotta, Heidi Lebens, Brianna

         9       Lent, Margie Nociforo, Brianna Norbury, Haley

        10       Sanchez, Stephanie Savage, Paige Thomsen,

        11       Sarah Vaden, Sarah Viola, Melissa Carniero,

        12       Naomi Bauer, Jenna Orlando, Megan Keane, Kim

        13       Oliver, Jaclyn Lang, and Danielle Ortolani;

        14       and Head Coach Anna Spallina was ably

        15       supported by Assistant Coaches Samantha

        16       Melella, Lenee Passiglia, and Donna Collier;

        17       and

        18                  "WHEREAS, It is the sense of this

        19       Legislative Body that when young people who

        20       represent their community with pride and

        21       determination while participating in

        22       competitive sports are brought to our

        23       attention, they should be celebrated and

        24       recognized by all citizens of the great State

        25       of New York; now, therefore, be it



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         1                  "RESOLVED, That this Legislative

         2       Body pause in its deliberations to honor the

         3       Rocky Point High School Varsity Cheerleading

         4       Team upon the occasion of winning the National

         5       Championship in the Universal Cheerleaders

         6       Association's Medium Varsity Division; and be

         7       it further

         8                  "RESOLVED, That copies of this

         9       resolution, suitably engrossed, be transmitted

        10       to the members of the Rocky Point High School

        11       Varsity Cheerleading Team, Coach Anna

        12       Spallina, and the aforementioned assistant

        13       coaches."

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       LaValle.

        16                  SENATOR LaVALLE:    Thank you,

        17       Mr. President.

        18                  Today we have the Rocky Point High

        19       School Varsity Cheerleaders with us to

        20       celebrate and commemorate their achievement.

        21       Senator Flanagan came over to me before, and

        22       he said, "National championship?  Wow."

        23                  And to my colleagues, I say to win

        24       a national championship, to be the first team

        25       from Long Island to beat 32 other teams from



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         1       around our great nation, is indeed a great,

         2       great achievement.

         3                  Rocky Point is a community, a

         4       hamlet on the North Shore of Long Island.  It

         5       is a wonderful community where people in that

         6       community of Rocky Point work together, play

         7       together, and do so in just a great way.

         8       There are many other districts surrounding

         9       Rocky Point where people say "How do we become

        10       a community like Rocky Point?"

        11                  These students who are with us

        12       today have achieved in the classroom and they

        13       have achieved athletically.  It is a wonderful

        14       thing.

        15                  Many, many moons ago, my own

        16       daughter was a cheerleader at Earl

        17       Vandermeulen High School in Port Jefferson,

        18       and at that time cheerleading was not at the

        19       level that it is today.  As many of you, I

        20       attend a lot of cheerleading events, and the

        21       activities that go on are just mind-boggling.

        22       And many times I have to cover my eyes because

        23       of the flips and things that are done.

        24                  So to the Rocky Point cheerleaders,

        25       today we are passing this resolution.  You



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         1       will be part of the history of New York and

         2       you can look back in time and say that your

         3       achievements were recognized by the New York

         4       State Senate, and I believe it's already been

         5       done in the Assembly.

         6                  So congratulations from my

         7       colleagues, myself to your coach and all of

         8       you on the wonderful national achievement that

         9       you reached.

        10                  (Applause.)

        11                  ACTING PRESIDENT GRIFFO:    The

        12       Senate welcomes and congratulates the Rocky

        13       Point High School Varsity Cheerleading Team.

        14       Thanks for being with us today, and

        15       congratulations.

        16                  ("Thank you" from the gallery.)

        17                  (Laughter; applause.)

        18                  ACTING PRESIDENT GRIFFO:    It

        19       sounds like a cheer.

        20                  All in favor of the resolution

        21       signify by saying aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT GRIFFO:

        24       Opposed?

        25                  (No response.)



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         1                  ACTING PRESIDENT GRIFFO:    The

         2       resolution is adopted.

         3                  Senator Libous.

         4                  SENATOR LIBOUS:    Thank you,

         5       Mr. President -- we can clap again.

         6                  (Applause.)

         7                  SENATOR LIBOUS:    Thank you,

         8       Mr. President.

         9                  There's a resolution at the desk,

        10       Number 879 by Senator Golden.  Could we please

        11       have its title read, and I believe Senator

        12       Golden would like to be called on.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       Secretary will read.

        15                  THE SECRETARY:    Legislative

        16       Resolution 879, by Senator Golden, commending

        17       the Brooklyn Irish-American Parade Committee

        18       upon the occasion of its 36th Annual

        19       St. Patrick's Day Parade on March 20, 2011.

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Golden.

        22                  SENATOR GOLDEN:    This obviously

        23       is a great time during the month of March that

        24       we celebrate St. Patrick's Day, and there are

        25       many parades, one being tomorrow, the 250th



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         1       anniversary of the parade with Mary Higgins

         2       Clark, who will be the grand marshal tomorrow,

         3       and she will march down that avenue, and

         4       proud, and pass the Archbishop, who will be on

         5       the steps of St. Patrick's Cathedral, as he is

         6       every year.

         7                  And this will be a great day for

         8       the Irish.  Mary Higgins Clark, her parents

         9       arrived here the same as my parents, with a

        10       dollar in their pocket and a dream.  And that

        11       dollar in their pocket and that dream came

        12       true for her and for my family as well.  My

        13       brother was the grand marshal in the Mineola

        14       parade this past week, and my sister Eileen

        15       joined him, and she plays with Cherish the

        16       Ladies and he has the Golden School of Irish

        17       Dance.  And I was gifted with having the --

        18       being the Queens grand marshal last year.

        19                  We have, coming up on March 27th

        20       and this week coming up, two other parades in

        21       Brooklyn that will celebrate Irish heritage

        22       and bring out the culture of the great

        23       communities of the City of New York, and

        24       proudly they will march down the avenues in

        25       Brooklyn and Queens and the City of New York



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         1       and across this great state, celebrating their

         2       Irish heritage and their religion.

         3                  And I commend and ask anybody who

         4       would like to join that resolution as we give

         5       that out and bestow that honor on the people

         6       of Brooklyn.

         7                  Thank you, Mr. President.

         8                  ACTING PRESIDENT GRIFFO:    Thank

         9       you, Senator Golden.

        10                  The question is on the resolution.

        11       All in favor signify by saying aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT GRIFFO:

        14       Opposed?

        15                  (No response.)

        16                  ACTING PRESIDENT GRIFFO:    The

        17       resolution is adopted.

        18                  And past practice will adhere.

        19       Those who do not want to be on the resolution,

        20       please notify the desk, as Senator Golden has

        21       offered all to be a cosponsor.

        22                  Senator Libous, we are still on

        23       motions and resolutions.  Are there any

        24       further --

        25                  SENATOR LIBOUS:    Yes, sir, we



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         1       are.  And we have a couple of others.  I

         2       believe there's one by Senator Seward that is

         3       at the desk.  Could we ask that the title be

         4       read and we go for its immediate adoption.

         5                  ACTING PRESIDENT GRIFFO:    Thank

         6       you, Senator Libous.

         7                  The Secretary will read.

         8                  THE SECRETARY:    Legislative

         9       resolution by Senator Seward, honoring

        10       The Parisian Family upon the occasion of their

        11       designation as recipients of the 2011

        12       Distinguished Partners in Education Award by

        13       St. Mary's School in Oneonta, New York, on

        14       March 19, 2011.

        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?

        21                  (No response.)

        22                  ACTING PRESIDENT GRIFFO:    The

        23       resolution is adopted.

        24                  Senator Libous.

        25                  SENATOR LIBOUS:    Thank you,



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         1       Mr. President.

         2                  We have another resolution before

         3       us, Resolution 834, at the desk.  May we

         4       please have the title read and call on Senator

         5       Little, please, and then move for its

         6       adoption.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       Secretary will read.

         9                  THE SECRETARY:    Legislative

        10       Resolution 834, by Senator Skelos,

        11       memorializing Governor Andrew M. Cuomo to

        12       proclaim March 2011 as Women's History Month

        13       in the State of New York and commemorating the

        14       New York State Senate's "Women of Distinction"

        15       tribute.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Little.

        18                  SENATOR LITTLE:    Thank you,

        19       Mr. President.

        20                  Each year when we celebrate women's

        21       history we celebrate the women in New York

        22       State's history who have made a significant

        23       contribution to our society and to our causes.

        24       And it goes without saying that many of those

        25       women's contributions went far beyond the



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         1       borders of New York State; they have become

         2       part of our lasting heritage.  And they did so

         3       by fighting against stereotypes, prejudice and

         4       insurmountable obstacles.

         5                  Many of those women you know by

         6       name, certainly, and we have honored them

         7       before:  Sojourner Truth, Harriet Tubman,

         8       Susan B. Anthony, Elizabeth Cady Stanton,

         9       Nellie Bly, the artist Grandma Moses, Barbara

        10       McClintock, and the "First Lady of the World,"

        11       Eleanor Roosevelt.

        12                  New York State continues to be a

        13       place where women have had a major role.  And

        14       as we approach September 11, 2011, we will

        15       mark the 10th anniversary of the unprecedented

        16       tragedy that befell our state and our country.

        17       And once again, we should remember the three

        18       women of distinction that we honored because

        19       of their service, their ultimate sacrifice in

        20       2001:  Moira Smith, a decorated New York

        21       Police Department officer; Captain Kathy

        22       Mazza, the first female commandant of the Port

        23       Authority Police Training Academy; and Yamel

        24       Merino, 2001 Emergency Medical Technician of

        25       the Year, all who gave their lives in that



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         1       tragedy in 2001.

         2                  We continue this tradition this

         3       year by inducting three new honorees for the

         4       year 2011.  Two of these women, as many before

         5       them that we have honored, have been first in

         6       their field.

         7                  Linda Richards, who was from

         8       Potsdam, New York, and was the first trained

         9       nurse, will be honored.  Her life span was

        10       1841 to 1930.

        11                  Second, Susan Smith McKenney

        12       Steward, who was the first African-American

        13       female doctor in New York State and was the

        14       third in our country.  Her life span, 1847 to

        15       1918.

        16                  And the third, who happens to be

        17       from my district, Mary Wiltsie Fuller.  Mary

        18       Wiltsie Fuller was born in 1862 and was the

        19       daughter of a Troy industrialist and an

        20       advocate for women.  Through her sponsorship

        21       of the Girls Friendly Society of the Episcopal

        22       Church in Troy, she became aware of the need

        23       for respite and recreation for the working

        24       women who worked in the Troy shirt factories.

        25                  At that time, many people called



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         1       Troy "the City of Women" because there were so

         2       many women -- young immigrant women, young

         3       women, older women, single women -- working to

         4       support their families working in these shirt

         5       factories.  And certainly vacations and

         6       recreation were way beyond their means.

         7                  Realizing this, Mary turned to her

         8       friends Spencer and Katrina Trask about

         9       helping to find a location for her retreat for

        10       women.  The Trask family lived in Tuxedo Park,

        11       Saratoga, and Lake George.  They had land on

        12       Lake George that they had bought in a tax

        13       sale, and they agreed to allow Mary to

        14       establish a retreat for women on their land by

        15       leasing it to her in 1903.  Mary then turned

        16       to many others to help with the support of

        17       building this retreat.  The following year,

        18       1904, Katrina Trask sold the property to Mary

        19       for one dollar and a bouquet of flowers.

        20                  There were about 50 friends who

        21       helped Mary raise the money for the

        22       renovations and contributed food and supplies

        23       for this home on Lake George.  The name chosen

        24       for the home was Wiawaka, which is an Indian

        25       name for "the Great Spirit of Women," and it



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         1       officially opened July 4, 1903.  And for a

         2       little more than $3, a woman could spend a

         3       week on Lake George.

         4                  Mary lived and worked at Wiawaka

         5       until her death in Glens Falls in 1943.

         6       Wiawaka still exists.  It is the oldest and

         7       longest continuously operated nonprofit

         8       retreat for women in America today.  This past

         9       summer and the summer before that, it hosted

        10       female wounded warriors for a retreat on

        11       Lake George.

        12                  It is still available for a minimum

        13       donation or what you can afford to pay for

        14       women to go and spend a week on Lake George.

        15       And it is still the recipient of local

        16       philanthropy.  Josie Beckos-Wood of the

        17       Charles Wood Foundation has donated funds to

        18       this Wiawaka so that they can keep up the

        19       buildings and they can continue this tradition

        20       which has gone on for well over a hundred

        21       years of helping women find a space, a

        22       beautiful location for a retreat, and a place

        23       to renew their souls.

        24                  I would ask you all to take a

        25       moment to look at the display in the Well



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         1       honoring all the women that we have honored in

         2       the past as well as these three women who we

         3       respectfully and gratefully honor this year.

         4                 Thank you.

         5                  ACTING PRESIDENT GRIFFO:    Thank

         6       you, Senator Little.

         7                  The question is on the resolution.

         8       All in favor 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                  Senator Libous.

        16                  SENATOR LIBOUS:    Mr. President

        17       there's another resolution at the desk, 873.

        18       May we please have -- actually, could we read

        19       it in its entirety, please.  And then if you

        20       would call on me afterwards.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       Secretary will read.

        23                  THE SECRETARY:    Legislative

        24       Resolution 873, by Senator Skelos, recognizing

        25       and celebrating the week of March 13-19, 2011,



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         1       as "Sunshine Week."

         2                  "WHEREAS, The pillars of democracy

         3       include government transparency, accessibility

         4       and accountability, resulting in an informed

         5       citizenry; and

         6                  "WHEREAS, Sunshine Week is a

         7       national initiative about the importance of

         8       open government and freedom of information;

         9       and

        10                  "WHEREAS, Sunshine Week seeks to

        11       enlighten and empower people to play an active

        12       role in their government at all levels; and

        13                  "WHEREAS, This Legislative Body

        14       understands and appreciates the value of

        15       access to information that it needs to make

        16       informed decisions, and the corresponding

        17       importance of access to government information

        18       by the citizens of this state; and

        19                  "WHEREAS, The free flow of

        20       information from the government to the people

        21       instills trust and confidence in our democracy

        22       and ensures that our government is accessible,

        23       accountable and open; and

        24                  "WHEREAS, We must continue to

        25       educate and empower the public regarding their



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         1       right to access government documents,

         2       information and meetings; and

         3                  "WHEREAS, This Legislative Body

         4       will hold joint budget conference committees

         5       in order to provide more openness and

         6       transparency to the budget process; and

         7                  "WHEREAS, Nationwide, during the

         8       week of March 13 through 19, countless

         9       citizens and others interested in open

        10       government will celebrate Sunshine Week; and

        11                  "WHEREAS, Sunshine Week is a

        12       nonpartisan initiative whose supporters are

        13       conservative, liberal and every group in

        14       between, and its participants include print,

        15       broadcast and online news media, civic groups,

        16       libraries, nonprofits, schools and others

        17       interested in the public's right to know; now,

        18       therefore, be it

        19                  "RESOLVED, That this Legislative

        20       Body pause in its deliberations to recognize

        21       and celebrate the week of March 13-19, 2011,

        22       as Sunshine Week."

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Libous on the resolution.

        25                  SENATOR LIBOUS:    Thank you,



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         1       Mr. President.  I'm proud to stand before the

         2       body today and speak on this resolution.

         3                  Actually, what our goal is here is

         4       to have Sunshine Year, not just Sunshine Week.

         5       We certainly want to do all we can to open

         6       government up and make it as transparent as

         7       possible and make it available to all of the

         8       people that everyone in this chamber

         9       represents.

        10                  I think, as mentioned in the

        11       resolution, Mr. President, what's particularly

        12       special is that at 12 o'clock, as we speak on

        13       this resolution, at 12 o'clock we are

        14       commencing a number of the budget conference

        15       committees, legislation that was passed into

        16       law by this body in 2007 to open up the

        17       budgeting process and making sure that the

        18       public understands what's going to be in the

        19       final budget bill or legislation.  Media

        20       cameras are in every one of the rooms as the

        21       meetings are commencing, as we are being

        22       telecast on the Internet and certainly viewed

        23       and heard by many.

        24                  Sunshine Week -- or, as I'd like to

        25       say, every day is Sunshine Day in New York



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         1       State, as we have passed a number of different

         2       laws over the years to achieve that

         3       transparency and openness that is required

         4       from government and is expected and deserved

         5       to the people.

         6                  So again, this is not just a day,

         7       just not a week, and I know my colleagues on

         8       both sides of the aisle agree with me that our

         9       goals in this chamber, both Republicans and

        10       Democrats, is to open things up in government

        11       and have the sun shine in every day so that

        12       what we do is extremely transparent.

        13                  ACTING PRESIDENT GRIFFO:    Thank

        14       you, Senator Libous.

        15                  Senator Valesky on the resolution.

        16                  SENATOR VALESKY:    Thank you,

        17       Mr. President.

        18                  I want to join Senator Libous in

        19       saluting Sunshine Week.  And certainly

        20       Sunshine Week should be expanded to all

        21       52 weeks of the year.

        22                  I want to, in addition to being

        23       very pleased this year that the budget process

        24       is actually in compliance with the Budget

        25       Reform Law of 2007 -- for the first time in a



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         1       couple of years -- which certainly is in the

         2       spirit of Sunshine Week and the spirit of

         3       openness and transparency.  I would also

         4       suggest, though, the legislative activity that

         5       we've taken this week in many ways is in the

         6       spirit of Sunshine Week.

         7                  On Monday, two days ago, we had an

         8       open and honest discussion about redistricting

         9       reform for the first time ever in this State

        10       Senate, had an opportunity to have that

        11       discussion.

        12                  Yesterday, in the one-house budget

        13       that we passed -- I think it's very, very

        14       important to call this to the attention of the

        15       members of the Senate, because this is also in

        16       the spirit of Sunshine Week.  There is

        17       Article 7 legislation that was included in

        18       yesterday's budget that we approved that does

        19       the following:

        20                  The creation of a Legislative

        21       Budget Office, whose primary responsibility is

        22       to provide individual members and legislative

        23       committees on a nonpartisan basis with

        24       information related to the budget process.

        25       That's sunshine in the budget process;



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         1                  An independent executive director

         2       to helped head up that Legislative Budget

         3       Office, appointed for a six-year term.  That's

         4       sunshine;

         5                  That the Executive and Legislature

         6       adopt budgets that are balanced in accordance

         7       with generally accepted accounting principles.

         8       I would submit that that's in the interest and

         9       the spirit of the sunshine and a more

        10       transparent and open legislature;

        11                  And that the Division of the Budget

        12       adopt a five-year financial plan in accordance

        13       with GAAP.

        14                  We didn't have an opportunity to

        15       discuss that yesterday during the debate on

        16       the one-house Senate budget, but I think it's

        17       important for the record to reflect that the

        18       budget that the Senate approved yesterday

        19       advances budget reform from four years ago in

        20       the spirit of openness and transparency.

        21                  And I want the record to reflect

        22       that as we acknowledge Sunshine Week, and I

        23       look forward to all of our colleagues

        24       supporting the resolution.

        25                  Thank you, Mr. President.



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         1                  ACTING PRESIDENT GRIFFO:    Thank

         2       you, Senator Valesky.

         3                  The question is on the resolution.

         4       All in favor signify by saying aye.

         5                  (Response of "Aye.")

         6                  ACTING PRESIDENT GRIFFO:

         7       Opposed?

         8                  (No response.)

         9                  ACTING PRESIDENT GRIFFO:    The

        10       resolution is adopted.

        11                  Senator Libous.

        12                  SENATOR LIBOUS:    Mr. President,

        13       on behalf of Senator Bonacic, on page 9 I

        14       offer the following amendments to Calendar

        15       Number 72, Senate Print Number 2769A, and ask

        16       that the said bill retain its place on the

        17       Third Reading Calendar.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       amendments are received, and the bill retain

        20       its place on the Third Reading Calendar.

        21                  Senator Libous.

        22                  SENATOR LIBOUS:    Mr. President,

        23       seeing at this time all the members of the

        24       Senate are taking place in the open process of

        25       conference committees, the Senate will stand



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         1       at ease until those committees commence, and

         2       we will all be expected to be back here at a

         3       time that will be announced.

         4                  But we are at ease, we are not

         5       adjourning, and we will all be expected to be

         6       back here after the committees are over.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       Senate will stand at ease.

         9                  (Whereupon, the Senate stood at

        10       ease at 12:10 p.m.)

        11                  (Whereupon, the Senate reconvened

        12       at 3:57 p.m.)

        13                  ACTING PRESIDENT FLANAGAN:

        14       Senator Libous.

        15                  SENATOR LIBOUS:    Mr. President, I

        16       believe there's a report of the Finance

        17       Committee at the desk.

        18                  ACTING PRESIDENT FLANAGAN:    The

        19       Secretary will read.

        20                  THE SECRETARY:    Senator

        21       DeFrancisco, from the Committee on Finance,

        22       reports the following bill direct to third

        23       reading:

        24                  Senate Print 2802, Senate Budget

        25       Bill, an act making appropriations for the



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         1       legal requirements of the state debt service.

         2                  ACTING PRESIDENT FLANAGAN:    So

         3       ordered.

         4                  Senator Breslin, why do you rise?

         5                  SENATOR BRESLIN:    Thank you,

         6       Mr. President.  Point of order, please.

         7                  According to the Senate rules,

         8       under Rule 5, subsection 6(C), a bill must,

         9       when it goes to Finance, in order to get to

        10       the third reading, must go through Rules.  If

        11       it doesn't go through Rules, our rules signify

        12       that it can be done by unanimous consent.

        13                  This particular bill did not go

        14       through Rules.  And we have been more than

        15       willing to allow unanimous consent, but that

        16       was denied.  And we feel that this bill is not

        17       properly before the house.

        18                  ACTING PRESIDENT FLANAGAN:

        19       Senator Breslin, on your point of order, I

        20       would reference Rule 6, Section 6, which

        21       requires that all budget bills shall be given

        22       a number and shall be referred to the Finance

        23       Committee.

        24                  And it is the precedent in this

        25       body that the Finance Committee reports budget



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         1       bills directly to third reading for

         2       consideration on the floor.

         3                  While you're citing a separate

         4       rule, the ruling that I'm making is based on

         5       Rule 6, Section 6.  And I would respectfully

         6       tell you that your point of order is not

         7       well-taken.

         8                  SENATOR BRESLIN:    Thank you,

         9       Mr. President.

        10                  ACTING PRESIDENT FLANAGAN:

        11       Senator Libous.

        12                  SENATOR LIBOUS:    Can we take up

        13       the supplemental noncontroversial calendar,

        14       please.

        15                  ACTING PRESIDENT FLANAGAN:    The

        16       Secretary will read the substitution.

        17                  THE SECRETARY:    Senator

        18       DeFrancisco moves to discharge, from the

        19       Committee on Finance, Assembly Bill 4002 and

        20       substitute it for the identical Senate Bill

        21       2802, Third Reading Calendar Number 230.

        22                  ACTING PRESIDENT FLANAGAN:

        23       Substitution ordered.

        24                  The Secretary will read.

        25                  THE SECRETARY:    Calendar Number



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         1       230, Assembly Print Number 4002, Assembly

         2       Budget Bill, an act making appropriations for

         3       the legal requirements of the state debt

         4       service.

         5                  ACTING PRESIDENT FLANAGAN:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT FLANAGAN:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 60.

        13                  ACTING PRESIDENT FLANAGAN:    The

        14       bill is passed.

        15                  Senator Libous.

        16                  SENATOR LIBOUS:    Mr. President,

        17       is there any further business at the desk?

        18                  ACTING PRESIDENT FLANAGAN:    There

        19       is no business at the desk, Senator Libous.

        20                  SENATOR LIBOUS:    Thank you,

        21       Mr. President.

        22                  There being no further business at

        23       the desk, I move that the Senate adjourn until

        24       Monday, March 21st, at 3:00 p.m., intervening

        25       days being legislative days.



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         1                  ACTING PRESIDENT FLANAGAN:    On

         2       motion, the Senate stands adjourned until

         3       Monday, March 21st, at 3:00 p.m., intervening

         4       days being legislative days.

         5                  (Whereupon, at 4:04 p.m., the

         6       Senate adjourned.)

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