Regular Session - May 11, 2009

                                                            4338



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     May 11, 2009

        11                       3:26 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR NEIL D. BRESLIN, Acting President

        19  ANGELO J. APONTE, Secretary

        20

        21

        22

        23

        24



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4339



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

         2                  ACTING PRESIDENT BRESLIN:    The

         3       Senate will please come to order.

         4                  I ask all to rise and repeat with

         5       me the Pledge of Allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  ACTING PRESIDENT BRESLIN:    The

         9       invocation today will be delivered by the

        10       Reverend Peter G. Young, from Mother Theresa

        11       Community.

        12                  REVEREND YOUNG:    As we gather on

        13       this beautiful May day, when we meet in

        14       session sometimes we stop listening and use

        15       our communication skills to advocate for only

        16       our own constituents' agenda.

        17                  God, You want us to communicate

        18       with respect and care for each of the Senators

        19       in this chamber, and all of their

        20       constituents, so we might show our New York

        21       State citizens and our constituents our

        22       example of togetherness and the common good of

        23       New York State.

        24                  Help us to have open ears and



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4340



         1       hospitality in our mind as we listen, share,

         2       and build community instead of disunity for

         3       our citizens.

         4                  Amen.

         5                  ACTING PRESIDENT BRESLIN:    Thank

         6       you, Father Young.

         7                  The reading of the Journal.

         8                  The Secretary will read.

         9                  THE SECRETARY:    In Senate,

        10       Friday, May 8, the Senate met pursuant to

        11       adjournment.  The Journal of Thursday, May 7,

        12       was read and approved.  On motion, Senate

        13       adjourned.

        14                  ACTING PRESIDENT BRESLIN:

        15       Without objection, the Journal stands approved

        16       as read.

        17                  Presentation of petitions.

        18                  Messages from the Assembly.

        19                  Messages from the Governor.

        20                  Reports of standing committees.

        21                  Reports of select committees.

        22                  Communications and reports from

        23       state officers.

        24                  Motions and resolutions.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4341



         1                  Senator Klein.

         2                  SENATOR KLEIN:    Mr. President, on

         3       behalf of Senator Ruth Hassell-Thompson, I

         4       move that the following bill be discharged

         5       from its committee and be recommitted with

         6       instructions to strike the enacting clause:

         7       Senate Bill 5257.

         8                  ACTING PRESIDENT BRESLIN:    So

         9       ordered.

        10                  Senator Libous.

        11                  SENATOR LIBOUS:    Thank you,

        12       Mr. President.

        13                  Mr. President, on behalf of Senator

        14       DeFrancisco, I move that the following bill be

        15       discharged from its respective committee and

        16       be recommitted with instructions to strike the

        17       enacting clause:  Senate Print Number 2394.

        18                  ACTING PRESIDENT BRESLIN:    So

        19       ordered, Senator Libous.

        20                  SENATOR LIBOUS:    Thank you.

        21                  ACTING PRESIDENT BRESLIN:

        22       Senator Klein.

        23                  SENATOR KLEIN:    Mr. President, I

        24       believe there are a few resolutions at the



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4342



         1       desk.  I ask that they be taken up at this

         2       time and move for their immediate adoption and

         3       allow Senator Nozzolio to speak on his

         4       resolution first.

         5                  ACTING PRESIDENT BRESLIN:    The

         6       Secretary will read.

         7                  THE SECRETARY:    By Senator

         8       Nozzolio, Legislative Resolution Number 1884,

         9       congratulating the Newark High School Varsity

        10       Girls' Basketball Team upon the occasion of

        11       capturing the 2008-2009 New York State Class A

        12       Championship.

        13                  "WHEREAS, Excellence and success in

        14       competitive sports can be achieved only

        15       through strenuous practice, team play and team

        16       spirit, nurtured by dedicated coaching and

        17       strategic planning; and

        18                  "WHEREAS, Athletic competition

        19       enhances the moral and physical development of

        20       the young people of this state, preparing them

        21       for the future by instilling in them the value

        22       of teamwork, encouraging a standard of healthy

        23       living, imparting a desire for success, and

        24       developing a sense of fair play and



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4343



         1       competition; and

         2                  "WHEREAS, On Saturday, March 21,

         3       2009, in the title game held at Hudson Valley

         4       Community College in Troy, New York, the

         5       Newark High School Varsity Girls' Basketball

         6       Team captured the New York State Class A

         7       Championship by defeating Albertus Magnus by a

         8       score of 75-68; and

         9                  "WHEREAS, The 'Reds' of Newark High

        10       School were led by their Head Coach Diane

        11       Kirnie, a skilled and inspirational mentor,

        12       respected for her ability to develop potential

        13       into excellence; and

        14                  "WHEREAS, The 2008-2009 Newark High

        15       School Varsity Girls' Basketball Team overall

        16       record is outstanding, and the team members

        17       were loyally and enthusiastically supported by

        18       family, fans, friends and the community at

        19       large; and

        20                  "WHEREAS, The hallmarks of the

        21       2008-2009 Newark High School Varsity Girls'

        22       Basketball Team, from the opening game of the

        23       season to participation in league play and

        24       winning the Class A Championship, were a



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4344



         1       sisterhood of athletic ability, of good

         2       sportsmanship, of honor and of scholarship,

         3       demonstrating that these team players are

         4       second to none; and

         5                  "WHEREAS, Athletically and

         6       academically, the team members have proven

         7       themselves to be an unbeatable combination of

         8       talents, reflecting favorably on their school

         9       and community; and

        10                  "WHEREAS, Head Coach Diane Kirnie

        11       has done a superb job in guiding, molding and

        12       inspiring the members of the 2008-2009 Newark

        13       High School Varsity Girls' Basketball Team

        14       toward their goals; and

        15                  "WHEREAS, Sports competition

        16       instills the values of teamwork, pride, and

        17       accomplishment; and Head Coach Diane Kirnie

        18       and the 2008-2009 Newark High School Varsity

        19       Girls' Basketball Team's outstanding athletes

        20       have clearly made a contribution to the spirit

        21       of excellence which is a tradition of their

        22       school; now, therefore, be it

        23                  "RESOLVED, That this Legislative

        24       Body pause in its deliberations to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4345



         1       congratulate the 2008-2009 Newark High School

         2       Varsity Girls' Basketball Team, its members --

         3       Alyssa Fenyn, Sarah Tanea, Kira Lauer,

         4       Shakista Woolfolk, Heather Virts, Marissa

         5       Bunce, Maddy Amo, Rachel MacBride, Jessica

         6       Graham, Nikki Clark, Maggie Van Kouwenberg,

         7       Amanda Robson, Brynn Lauer, Allison Miller,

         8       and Sabrina Macaulay -- and Head Coach Diane

         9       Kirnie on their New York State Class A

        10       Championship, outstanding season, and overall

        11       team record; and be it further

        12                  "RESOLVED, That copies of this

        13       resolution, suitably engrossed, be transmitted

        14       to the members and head coach of the 2008-2009

        15       Newark High School Varsity Girls' Basketball

        16       Team."

        17                  ACTING PRESIDENT BRESLIN:

        18       Senator Nozzolio.

        19                  SENATOR NOZZOLIO:    Thank you,

        20       Mr. President.  On the resolution.

        21                  Mr. President, many issues will be

        22       discussed in this chamber and in the State

        23       Capitol today, but this particular resolution

        24       celebrates the excellence of all that is great



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4346



         1       in this state.

         2                  Congratulations to a group of fine

         3       young women who together fought tremendous

         4       odds to become state champions -- the Newark

         5       Reds Women's Basketball Team, state champions

         6       for the first time in their history, led by a

         7       great group of players, a tremendous coach,

         8       and an outstanding community supporting their

         9       school.

        10                  That I appreciate the resolution

        11       and the reading of the individual players who

        12       make up this championship team.  I'm also very

        13       pleased that this team, to win the Section V

        14       title, beat Pittsford Mendon, which is

        15       represented by Senator Alesi.  And it was very

        16       good that we could see Newark overcome that

        17       team from Section V.

        18                  And better yet, by beating Albertus

        19       Magnus as a team in Senator Morahan's

        20       district.  And we couldn't certainly beat a

        21       better squad, and one that I'm very pleased

        22       that Senator Morahan, who is a good sport

        23       generally, took the defeat with the grace and

        24       good spirit.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4347



         1                  Alyssa Fenyn was by far the most

         2       valuable player I believe in the history of

         3       Section V basketball.  She finished her career

         4       scoring well over 2000 points, almost 2500

         5       points, placing her in one of the numerous

         6       All-Star teams at the local, regional and

         7       state level.

         8                  She's going on to Virginia Tech

         9       next year, and we wish her well.  We only hope

        10       that she comes back to New York State after

        11       being educated away from us in college.

        12                  Kira Lauer also receiving the

        13       Sportsmanship Award.

        14                  But the entire team, as you heard

        15       their names mentioned, worked very hard

        16       together.  They pursued their goals, goals

        17       that were many years in the making.

        18                  That a few years ago I saw this

        19       team lose at the buzzer of the state semifinal

        20       championships.  That, I believe, only made

        21       this state championship sweeter than ever in

        22       terms of being able to come from defeat and a

        23       few years later ensure, by many players who

        24       were on that team, ensure victory.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4348



         1                  I cannot say enough about Head

         2       Coach Diane Kirnie.  Her record of

         3       accomplishment as a leader of young people is

         4       outstanding.  A tremendous community asset.

         5       We are so pleased that she continues to labor

         6       and work and mentor the young people of

         7       Newark.

         8                  Last year, this house recognized

         9       her for capturing her 300th career victory.

        10       She's well on the road to 400 now, and we hope

        11       we'll be celebrating that milestone in the

        12       very near future.

        13                  Also with us today is Coach Justin

        14       Fladd and the administration of Newark High

        15       School -- Kevin Whitaker, the high school

        16       principal, and Greg Herbst, assistant

        17       principal and director of athletics.

        18                  We thank these leaders from Newark

        19       and the Newark school system for bringing up

        20       such a fine group of young people.

        21                  State champions certainly.  Those

        22       who understand excellence know what it's like

        23       to win a state championship.  Only a handful

        24       of teams each year win such an accolade.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4349



         1       Newark, by far, shone the brightest of all the

         2       teams in that excellence category this year.

         3                  And with that, I'd like to ask this

         4       body to pause and to congratulate the

         5       administration, the coaches, the faculty, and

         6       especially the players who brought the state

         7       championship of girls' basketball to Newark, a

         8       great community in the center of Wayne County.

         9                  Congratulations, members of the

        10       Newark Basketball Squad, and thank you,

        11       Mr. President, for the opportunity to

        12       introduce them here and to recognize them as

        13       true state champions.

        14                  ACTING PRESIDENT BRESLIN:    Thank

        15       you, Senator Nozzolio.

        16                  Are there any other Senators

        17       wishing to be heard on this resolution?

        18                  The question is on the resolution.

        19                  All those in favor say aye.

        20                  (Response of "Aye.")

        21                  ACTING PRESIDENT BRESLIN:

        22       Opposed, nay.

        23                  (No response.)

        24                  ACTING PRESIDENT BRESLIN:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4350



         1       resolution is adopted.

         2                  Congratulations to the Newark

         3       Basketball Team for their Class A State

         4       Championship.

         5                  (Applause.)

         6                  ACTING PRESIDENT BRESLIN:    The

         7       Secretary will continue to read.

         8                  THE SECRETARY:    By Senator

         9       Ranzenhofer, Legislative Resolution Number

        10       1885, paying tribute to the life and

        11       accomplishments of former New York State

        12       Congressman and Buffalo Bills quarterback Jack

        13       Kemp.

        14                  ACTING PRESIDENT BRESLIN:

        15       Senator Ranzenhofer.

        16                  SENATOR RANZENHOFER:    Thank you,

        17       Mr. President.

        18                  It's with a great deal of sadness,

        19       especially after talking about the great

        20       accomplishment of the Newark Basketball Team,

        21       that I rise to talk about the passing of Jack

        22       Kemp.

        23                  As many of you know, Congressman

        24       Kemp served the Western New York area for



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4351



         1       18 years, was a great representative for our

         2       area, very eloquent, a great communicator.

         3       He's also known to Western New Yorkers not so

         4       much for his Congressional accomplishments but

         5       for his accomplishments as the quarterback of

         6       the Buffalo Bills and the only quarterback

         7       that led our city to a championship many, many

         8       years ago.

         9                  Congressman Kemp served our area,

        10       as I said, for many years.  He served as

        11       Secretary of Housing and Urban Development

        12       under President George Bush, was also the

        13       Republican nominee for vice president in 1996.

        14                  In addition to his accomplishments

        15       as a Congressman, as a quarterback, I think

        16       most people know him for his later

        17       accomplishments, later in life, as I said, for

        18       just being very approachable, very open, a

        19       very, very warm individual.

        20                  And not only will Western New York

        21       and all of New York but our country will miss

        22       his presence, his quick wit, and his good

        23       charm.

        24                  Thank you, Mr. President.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4352



         1                  ACTING PRESIDENT BRESLIN:    Thank

         2       you, Senator Ranzenhofer.

         3                  Senator Volker.

         4                  SENATOR VOLKER:    Mr. President,

         5       Jack Kemp was a close and personal friend of

         6       mine who I have known for some forty years.

         7                  In fact, the second person he hired

         8       in his office after Ed Rutkowski, a close

         9       personal friend, was my wife.  And she

        10       remained his office secretary until she became

        11       quite pregnant with my first son, Marty.

        12                  He was a gentleman, he was a great

        13       orator.  He was a man who loved this country.

        14       He loved football and loved sports.  And he

        15       loved Western New York, even though he was

        16       initially a Californian, he graduated from

        17       Occidental College.  He spent a lot of time in

        18       Western New York.

        19                  I had asked him to come in on a

        20       number of occasions to do fundraisers, as did

        21       many people.  And he always agreed when

        22       whenever he could.

        23                  At one point I suggested that it

        24       would be good if he would put his name in for



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4353



         1       Governor of New York.  His response was:  "I'm

         2       not a state guy.  You're a state guy.  I'm a

         3       national guy.  I'm not into that state stuff.

         4       I want to make policy on a national level.  I

         5       want to help change this country."

         6                  He was a great man.  His wife, by

         7       the way, Joanne, was just a peach, a great

         8       person.  Carol and I spent a lot of time with

         9       the both of them.  And we will miss him

        10       deeply, although I haven't seen him as much in

        11       the last few years.

        12                  I ran his campaign at the

        13       convention in New Orleans for vice president.

        14       And there are some people like myself and some

        15       others who believe that had George Bush, Sr.,

        16       picked Jack Kemp instead of Dan Quayle, he

        17       might have been a lot more successful in the

        18       years to come.

        19                  But -- I could give you some idea

        20       of why that happened, but it would be better

        21       not to get into it.

        22                  But Jack Kemp was a true American,

        23       a true American athlete, a true American

        24       statesman, a true New Yorker, a true Western



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4354



         1       New Yorker, and a man who will be greatly

         2       missed in this land and will not be forgotten.

         3                  ACTING PRESIDENT BRESLIN:    Thank

         4       you, Senator Volker.

         5                  Senator Nozzolio.

         6                  SENATOR NOZZOLIO:    Mr. President,

         7       I rise to share my condolences to the Kemp

         8       family, to support this resolution, and to

         9       mention that Jack Kemp's picture has been in

        10       my office for the 26 years that I've been a

        11       state legislator.

        12                  Jack Kemp was a mentor of mine.  I

        13       met him while I was still in college, when he

        14       was a newly elected Congressman and I was

        15       working in my very first position in

        16       government and politics as an intern in

        17       Washington, D.C.

        18                  And I met him because of the fact

        19       that he was the quarterback of my favorite

        20       football team, the Buffalo Bills.  But in so

        21       doing, I got to know the fact that he -- more

        22       than anyone else, I believe, in the last

        23       generation -- had conveyed the spirit of what

        24       it was like to be a Republican in the true



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4355



         1       spirit of what the Republican Party should be

         2       doing.

         3                  And that's a spirit of keeping the

         4       principles of opportunity that America so

         5       greatly has cherished throughout its history

         6       but maybe had lost its way.  And that through

         7       less taxes, through better support of

         8       enterprise and letting enterprise be free in

         9       this state and in this nation, Jack Kemp

        10       preached a political philosophy that guided

        11       many.

        12                  And I agree with Senator Volker

        13       that -- I was with Senator Volker in

        14       New Orleans in 1988, had run in New York as a

        15       Kemp delegate, had worked with other state

        16       legislators who also supported Jack Kemp to

        17       put Jack Kemp as our vice presidential nominee

        18       in 1988.

        19                  Jack Kemp cared about Western

        20       New York.  His district went well into the

        21       district that I now serve, in Ontario County.

        22       And that he is, though, an icon for not just

        23       the past, but for the principles that he

        24       espoused of growth, opportunity, progress,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4356



         1       individual initiative.  Those are the

         2       hallmarks of the American way, and they're the

         3       guiding lights of a great leader like former

         4       Congressman, former HUD Secretary Jack Kemp.

         5                  We mourn his passing, and we extend

         6       our sympathies, our deep sympathies to his

         7       family.

         8                  Thank you, Mr. President.

         9                  ACTING PRESIDENT BRESLIN:    Thank

        10       you, Senator Nozzolio.

        11                  Senator Stachowski.

        12                  SENATOR STACHOWSKI:    Thank you,

        13       Mr. President.  I too would like to rise to

        14       share condolences on Jack Kemp's passing.

        15                  I met Jack Kemp when I was a senior

        16       in high school.  He was a quarterback at the

        17       Buffalo Bills, and I was a high school

        18       quarterback, and we took a picture in the

        19       paper and that laid.

        20                  And then I ended up representing --

        21       when I got elected to the Senate, Jack and I,

        22       our districts overlapped.  And we would sit

        23       together a lot at different functions.  In

        24       particular, usually a League of Women Voters



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4357



         1       dinner they had in Hamburg, we would always

         2       sit at the same table and chitchat.

         3                  So when he retired from Congress, I

         4       had an extra copy of that picture that he had

         5       autographed for me when I was a senior in high

         6       school.  So I signed it to him:  "Long way

         7       from the rock pile -- State Senator Bill

         8       Stachowski."

         9                  And years later, when they

        10       celebrated some anniversary team for the

        11       Bills, Jack came up to me and said, "You know,

        12       in my office I have two Democrats.  I have

        13       Thomas Jefferson and you."  And so it was kind

        14       of a funny story that he kept.

        15                  But I think the most striking thing

        16       about Jack Kemp -- and obviously everybody

        17       spoke about all the things he accomplished and

        18       the incredible person he was.  But his human

        19       rights beliefs were as strong as anybody's

        20       from any party.  And he showed that when he

        21       was an AFL All-Star and they went down to

        22       New Orleans again.

        23                  And that was the year that they

        24       went to New Orleans to do an All-Star game,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4358



         1       and when they got there all the

         2       African-American players were told they

         3       couldn't stay in the same hotel with the other

         4       guys.

         5                  So Jack and a bunch of people

         6       approached the people running the game and

         7       said, "Well, we just want you to know that

         8       we're not going to play if they can't stay in

         9       the same hotel."

        10                  And they ended up moving that game

        11       to Miami, and the rest is history.  And then

        12       things started changing.

        13                  But that's the kind of person Jack

        14       Kemp was, a stand-up guy.  Very interesting

        15       man.  If he was your friend, he was always

        16       your friend and it didn't matter which party

        17       you were from.

        18                  So it's a great loss for everybody.

        19       Jack was an interesting individual.  He left a

        20       legacy of all kinds of friends and teammates,

        21       et cetera, all over Western New York and

        22       obviously everywhere else that he traveled.

        23                  So we'll miss Jack Kemp.  Our

        24       condolences to his family.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4359



         1                  And the interesting thing is when

         2       you read all the obituaries, although politics

         3       is everything most people remember about him,

         4       football was his real vocation.  And his sons

         5       were the ones that pointed that out.  That was

         6       one of the central things to the whole family,

         7       was football and that participation.

         8                  So it's a good day to celebrate the

         9       life of Jack Kemp, but it will always be a

        10       great loss for everybody that knew him.

        11                  Thank you, Mr. President.

        12                  ACTING PRESIDENT BRESLIN:    Thank

        13       you, Senator Stachowski.

        14                  Are there any other Senators

        15       wishing to be heard on the resolution?

        16                  The question is on the resolution.

        17       All those in favor signify by saying aye.

        18                  (Response of "Aye.")

        19                  ACTING PRESIDENT BRESLIN:

        20       Opposed, nay.

        21                  (No response.)

        22                  ACTING PRESIDENT BRESLIN:    The

        23       resolution is adopted.

        24                  At the request of the sponsor, the



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4360



         1       resolution is open for multisponsorship by the

         2       entire house.  Any member wishing not to be a

         3       multisponsor of the resolution should so

         4       inform the desk.

         5                  Senator DeFrancisco.

         6                  SENATOR DeFRANCISCO:    Yes.  I

         7       would just request the privilege of the floor

         8       to welcome a very important constituent of

         9       mine who was just honored in the Assembly on

        10       this Disability Awareness Day that they have

        11       every year.

        12                  His name is Andrew Bowman, and he

        13       received the State Assembly's Excelsior Award

        14       for Excellence.  He is a swimmer.  He won the

        15       Special Olympics gold medal last year.  I've

        16       got a picture of him with other gold medals

        17       that he's holding and other medals that he's

        18       holding.  He's just a special young man who

        19       has done special things.

        20                  He's an 8th-grader.  And he's here

        21       with his father, Chris Bowman, his mother,

        22       Susan Bowman, and his brother Peter.

        23                  And they're here, if they'd just

        24       stand up.  Andrew, give a wave to everybody.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4361



         1                  (Applause.)

         2                  SENATOR DeFRANCISCO:    Thank you

         3       very much, Mr. President.

         4                  ACTING PRESIDENT BRESLIN:    Thank

         5       you, Senator DeFrancisco.

         6                  And congratulations to the Bowman

         7       family and in particular Andrew.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Mr. President,

        10       may we at this time move to a reading of

        11       Senate Calendar Number 44.

        12                  First, are there any substitutions

        13       at the desk?

        14                  ACTING PRESIDENT BRESLIN:    Yes,

        15       there are, Senator Klein.

        16                  The Secretary will read.

        17                  THE SECRETARY:    On page 19,

        18       Senator Stewart-Cousins moves to discharge,

        19       from the Committee on Local Government,

        20       Assembly Bill Number 7505 and substitute it

        21       for the identical Senate Bill Number 3743,

        22       Third Reading Calendar 218.

        23                  And on page 22, Senator

        24       Schneiderman moves to discharge, from the



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4362



         1       Committee on Mental Health and Developmental

         2       Disabilities, Assembly Bill Number 1801 and

         3       substitute it for the identical Senate Bill

         4       Number 4058, Third Reading Calendar 246.

         5                  ACTING PRESIDENT BRESLIN:

         6       Substitution ordered.

         7                  Senator Klein.

         8                  SENATOR KLEIN:    Mr. President,

         9       can we now go to a reading of Senate Calendar

        10       Number 44.

        11                  ACTING PRESIDENT BRESLIN:    The

        12       Secretary will read.

        13                  THE SECRETARY:    Calendar Number

        14       75, by Senator Breslin, Senate Print 738A, an

        15       act to amend the Executive Law, in relation to

        16       records.

        17                  ACTING PRESIDENT BRESLIN:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT BRESLIN:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT BRESLIN:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4363



         1       Announce the results.

         2                  THE SECRETARY:    Ayes, 62.

         3                  ACTING PRESIDENT BRESLIN:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       97, by Member of the Assembly Lopez, Assembly

         7       Print Number 5567A, an act to amend the

         8       Private Housing Finance Law, in relation to

         9       tax exemptions.

        10                  ACTING PRESIDENT BRESLIN:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT BRESLIN:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT BRESLIN:

        18       Announce the results.

        19                  THE SECRETARY:    Ayes, 62.

        20                  ACTING PRESIDENT BRESLIN:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       167, by Senator Klein, Senate Print 1865A, an

        24       act to amend the Vehicle and Traffic Law, in



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4364



         1       relation to stopping.

         2                  ACTING PRESIDENT BRESLIN:    There

         3       is a home-rule message at the desk.

         4                  Read the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT BRESLIN:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT BRESLIN:

        11       Announce the results.

        12                  THE SECRETARY:    Ayes, 62.

        13                  ACTING PRESIDENT BRESLIN:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       171, by Senator Savino, Senate Print 3512, an

        17       act to amend the Education Law, in relation to

        18       mandated payment.

        19                  ACTING PRESIDENT BRESLIN:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT BRESLIN:    Call

        24       the roll.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4365



         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT BRESLIN:

         3       Announce the results.

         4                  THE SECRETARY:    Ayes, 62.

         5                  ACTING PRESIDENT BRESLIN:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       182, by Senator Adams, Senate Print 2782, an

         9       act to amend the Surrogate's Court Procedure

        10       Act, in relation to confirmation.

        11                  ACTING PRESIDENT BRESLIN:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT BRESLIN:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT BRESLIN:

        19       Announce the results.

        20                  THE SECRETARY:    Ayes, 62.

        21                  ACTING PRESIDENT BRESLIN:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       183, by Senator Espada, Senate Print 2871A, an



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4366



         1       act to amend the Real Property Actions and

         2       Proceedings Law, in relation to new owners.

         3                  ACTING PRESIDENT BRESLIN:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 3.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT BRESLIN:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT BRESLIN:

        11       Announce the results.

        12                  THE SECRETARY:    Ayes, 62.

        13                  ACTING PRESIDENT BRESLIN:    The

        14       bill is passed.

        15                  Senator Klein, that completes the

        16       reading of the noncontroversial calendar.

        17                  SENATOR KLEIN:    Mr. President,

        18       can we please recognize Senator Ruth

        19       Hassell-Thompson at this time for an

        20       announcement.

        21                  ACTING PRESIDENT BRESLIN:

        22       Senator Hassell-Thompson.

        23                  SENATOR HASSELL-THOMPSON:    Thank

        24       you, Mr. President.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4367



         1                  I would like to announce that

         2       immediately following session there will be a

         3       meeting of the Majority in Room 332.

         4                  ACTING PRESIDENT BRESLIN:    There

         5       will be a meeting of the Senate Majority

         6       immediately following session in Room 332.

         7                  Senator Klein.

         8                  SENATOR KLEIN:    Mr. President, is

         9       there any further business at the desk?

        10                  ACTING PRESIDENT BRESLIN:    No,

        11       Senator Klein, the desk is clear.

        12                  SENATOR KLEIN:    There being none,

        13       I move that we adjourn until Tuesday,

        14       May 12th, at 3:00 p.m.

        15                  I want to remind everyone that

        16       tomorrow is going to be the time we take our

        17       Senate photographs.  So we're starting

        18       promptly at 3:00 p.m.

        19                  ACTING PRESIDENT BRESLIN:

        20       Senator Volker.

        21                  SENATOR VOLKER:    I'm sorry, could

        22       I just remind everybody that tomorrow is the

        23       Senate Club, tomorrow evening at 6 o'clock at

        24       the Jack's Restaurant, because a lot of people



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4368



         1       tend to forget it.  I'm sorry, I forgot to

         2       mention it before.

         3                  And we appreciate anybody that can

         4       come to it.  We're going to have a lot of the

         5       older Senators from before are going to be

         6       coming.

         7                  Thank you.

         8                  ACTING PRESIDENT BRESLIN:    The

         9       annual Senate Club dinner will be tomorrow

        10       night at Jack's at 6:00 p.m.

        11                  There being no further business to

        12       come before the Senate, on motion, the Senate

        13       stands adjourned until Tuesday, May 12th, at

        14       3:00 p.m.

        15                  (Whereupon, at 3:54 p.m., the

        16       Senate adjourned.)

        17

        18

        19

        20

        21

        22

        23

        24



                      Candyco Transcription Service, Inc.
                                (518) 371-8910