Regular Session - March 5, 2009
1009
1 NEW YORK STATE SENATE
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3
4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 March 5, 2009
11 11:17 a.m.
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14 REGULAR SESSION
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18 SENATOR DAVID J. VALESKY, Acting President
19 ANGELO J. APONTE, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT VALESKY: The
3 Senate will please come to order.
4 I ask everyone present to please
5 rise and recite with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT VALESKY: The
10 invocation today will be delivered by Father
11 Peter G. Young, of Mother Theresa Community
12 here in Albany.
13 REVEREND YOUNG: Let us pray.
14 On this Thursday, as we think of
15 heading home to our constituency, let us
16 remember that the wisdom of God is beyond
17 imagining and God's goodness a boundless
18 treasure.
19 You, O Lord, unfailingly enlighten
20 our minds to open up new and better means of
21 sharing with each other here in this Senate
22 chamber our constituencies' information, ideas
23 and aspirations.
24 The discoveries of technology can
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1 be of great assistance to our citizens of
2 New York State. They can bring them the kind
3 of help they need in these times of economic
4 stress, for our needed resources and for our
5 quality of life. We thank You, O God, for
6 that gift.
7 Amen.
8 ACTING PRESIDENT VALESKY: The
9 reading of the Journal.
10 The Secretary will read.
11 THE SECRETARY: In Senate,
12 Wednesday, March 4, the Senate met pursuant to
13 adjournment. The Journal of Tuesday, March 3,
14 was read and approved. On motion, Senate
15 adjourned.
16 ACTING PRESIDENT VALESKY:
17 Without objection, the Journal stands approved
18 as read.
19 Presentation of petitions.
20 Messages from the Assembly.
21 Messages from the Governor.
22 Reports of standing committees.
23 Reports of select committees.
24 Communications and reports from
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1 state officers.
2 Motions and resolutions.
3 Senator Klein.
4 SENATOR KLEIN: Mr. President, on
5 page 7 I offer the following amendments to
6 Calendar Number 19, Print Number 1363A, and
7 ask that said bill retain its place on Third
8 Reading Calendar.
9 ACTING PRESIDENT VALESKY: So
10 ordered.
11 Senator Klein.
12 SENATOR KLEIN: Mr. President,
13 there will be an immediate meeting of the
14 Finance Committee in the Majority Conference
15 Room, Room 332. And immediately following,
16 there will be a Rules Committee meeting in
17 Room 332.
18 Pending the report of the Rules
19 Committee, may we please stand at ease.
20 ACTING PRESIDENT VALESKY: There
21 will be an immediate meeting of the Finance
22 Committee in the Majority Conference Room,
23 Room 332, to be immediately followed by a
24 meeting of the Rules Committee.
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1 The Senate will stand at ease in
2 the meantime.
3 (Whereupon, the Senate stood at
4 ease at 11:19 a.m.)
5 (Whereupon, the Senate reconvened
6 at 11:36 a.m.)
7 ACTING PRESIDENT VALESKY:
8 Senator Klein.
9 SENATOR KLEIN: Mr. President, I
10 believe there's a report of the Rules
11 Committee at the desk. I'd like to move to
12 accept the report of the Rules Committee.
13 ACTING PRESIDENT VALESKY: There
14 is a report of the Rules Committee at the
15 desk.
16 The Secretary will read.
17 THE SECRETARY: Senator Smith,
18 from the Committee on Rules, reports the
19 following bill direct to third reading:
20 Senate Print 52, Senate Budget
21 Bill, an act making appropriations for the
22 legal requirements.
23 ACTING PRESIDENT VALESKY:
24 Senator Klein.
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1 SENATOR KLEIN: Mr. President, I
2 believe there's a substitution at the desk.
3 ACTING PRESIDENT VALESKY: One
4 second, Senator Klein. We need a motion to
5 accept the report of the Rules Committee
6 first.
7 SENATOR KLEIN: I move to accept
8 the report of the Rules Committee.
9 ACTING PRESIDENT VALESKY: All
10 those in favor of accepting the report of the
11 Rules Committee signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT VALESKY:
14 Opposed, nay.
15 (Response of "Nay.")
16 ACTING PRESIDENT VALESKY: The
17 report of the Rules Committee is accepted.
18 Senator Klein.
19 SENATOR KLEIN: I believe there's
20 a substitution at the desk, Mr. President.
21 ACTING PRESIDENT VALESKY: There
22 is, Senator Klein.
23 And the Secretary will read.
24 THE SECRETARY: In relation to
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1 Calendar Number 92, Senator Smith moves to
2 discharge, from the Committee on Rules,
3 Assembly Bill Number 152 and substitute it for
4 the identical Senate Bill Number 52, Third
5 Reading Calendar 92.
6 ACTING PRESIDENT VALESKY:
7 Substitution ordered.
8 Senator Klein.
9 SENATOR KLEIN: Mr. President,
10 may we at this time adopt the Resolution
11 Calendar in its entirety.
12 ACTING PRESIDENT VALESKY: All
13 those in favor of adopting the Senate
14 Resolution Calendar in its entirety please
15 signify by saying aye.
16 (Response of "Aye.")
17 ACTING PRESIDENT VALESKY:
18 Opposed, nay.
19 (No response.)
20 ACTING PRESIDENT VALESKY: The
21 Resolution Calendar is adopted.
22 Senator Klein.
23 SENATOR KLEIN: Mr. President,
24 can we please move to a noncontroversial
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1 reading of the calendar.
2 ACTING PRESIDENT VALESKY: The
3 Secretary will proceed with the
4 noncontroversial reading of Senate Calendar
5 15.
6 THE SECRETARY: Calendar Number
7 56, by Senator Klein, Senate Print 1881, an
8 act to amend the Public Service Law.
9 ACTING PRESIDENT VALESKY: Read
10 the last section.
11 Senator Klein.
12 SENATOR KLEIN: Mr. President,
13 can we lay this bill aside just for the day.
14 ACTING PRESIDENT VALESKY: The
15 bill is laid aside for the day. Calendar
16 Number 56 is laid aside for the day.
17 THE SECRETARY: Calendar Number
18 64, by Senator Stachowski, Senate Print 1411,
19 an act to amend Chapter 276 of the Laws of
20 1993.
21 ACTING PRESIDENT VALESKY: There
22 is a home-rule message at the desk.
23 The Secretary will read the last
24 section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT VALESKY: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 59.
7 ACTING PRESIDENT VALESKY: The
8 bill is passed.
9 Senator Klein, that concludes the
10 noncontroversial reading of Senate Calendar
11 15.
12 SENATOR KLEIN: Mr. President, at
13 this time can we take up Supplemental Calendar
14 15A.
15 ACTING PRESIDENT VALESKY: The
16 Secretary will proceed with the
17 noncontroversial reading of Senate
18 Supplemental Calendar 15A.
19 THE SECRETARY: Calendar Number
20 92, substituted earlier, Assembly Budget Bill,
21 Assembly Print Number 152, an act making
22 appropriations for the legal requirements of
23 the state debt service.
24 ACTING PRESIDENT VALESKY: Read
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1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT VALESKY: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT VALESKY:
8 Senator Maziarz, to explain his vote.
9 SENATOR MAZIARZ: Thank you,
10 Mr. President, to explain my vote. I don't
11 think it would be in order to ask any
12 questions right now, because we're on the roll
13 call, so I'll skip that part of it,
14 reluctantly skip that part of it.
15 I'm going to be voting in the
16 negative on this bill, Mr. President, because
17 just in the Finance Committee meeting it's
18 really unclear to me at this point where the
19 money is coming for this bill.
20 And I fear -- I don't know, but I
21 fear that some of the money for this budget
22 bill, this debt service bill, may be coming
23 from, may be coming from the $750 million that
24 was stolen from the people of Niagara, Erie,
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1 and St. Lawrence Counties, from their -- one
2 of the few assets that they have in Western
3 New York, in Erie and Niagara County, is the
4 New York Power Authority, the Robert Moses
5 Power Plant in the Town of Lewiston.
6 So I vote in the negative. Thank
7 you.
8 ACTING PRESIDENT VALESKY:
9 Senator Maziarz will be recorded in the
10 negative.
11 Senator LaValle, to explain your
12 vote? We are on the roll call. Do you wish
13 to explain your vote?
14 SENATOR LaVALLE: No,
15 Mr. President.
16 ACTING PRESIDENT VALESKY: The
17 Secretary will announce the results.
18 THE SECRETARY: Those recorded in
19 the negative on Calendar Number 92 are
20 Senators Griffo, Hannon, LaValle, Marcellino,
21 Maziarz, Morahan, Ranzenhofer and Robach.
22 Ayes, 52. Nays, 8.
23 ACTING PRESIDENT VALESKY: The
24 bill is passed.
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1 Senator Klein, that completes the
2 noncontroversial reading of the Senate
3 supplemental calendar.
4 SENATOR KLEIN: Mr. President, is
5 there any further business at the desk?
6 ACTING PRESIDENT VALESKY: There
7 is none.
8 SENATOR KLEIN: There being none,
9 I move that we adjourn until Monday,
10 March 9th, at 3:00 p.m., intervening days
11 being legislative days.
12 ACTING PRESIDENT VALESKY: On a
13 motion by Senator Klein, the Senate stands
14 adjourned until Monday, March 9th, at
15 3:00 p.m., intervening days to be legislative
16 days.
17 (Whereupon, at 11:42 a.m., the
18 Senate adjourned.)
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