Regular Session - November 9, 2009

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                   November 9, 2009

        11                       2:19 p.m.

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        13

        14                    REGULAR SESSION

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        16

        17

        18  LIEUTENANT GOVERNOR RICHARD RAVITCH, President

        19  ANGELO J. APONTE, Secretary

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

         2                  THE PRESIDENT:    The Senate will

         3       please come to order.

         4                  I ask everyone present to rise and

         5       recite with me the Pledge of Allegiance to our

         6       Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  THE PRESIDENT:    In the absence of

        10       clergy, may we bow all our heads for a moment

        11       of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  THE PRESIDENT:    The reading of

        15       the Journal.

        16                  The Secretary will read.

        17                  THE SECRETARY:    In Senate,

        18       Sunday, November 8, the Senate met pursuant to

        19       adjournment.  The Journal of Saturday,

        20       November 7, was read and approved.  On motion,

        21       Senate adjourned.

        22                  THE PRESIDENT:    Without

        23       objection, the Journal stands approved as

        24       read.



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         1                  President Pro Tem Smith, Majority

         2       Leader Sampson, Deputy Majority Leader Klein,

         3       Minority Leader Skelos, Deputy Minority Leader

         4       Libous, and all members and officers of the

         5       Senate, I hope you will indulge me for two

         6       minutes for me to say something very personal.

         7                  Fifty years ago this month I got my

         8       first job, after law school and getting out of

         9       the Army, as counsel to a congressional

        10       subcommittee in Washington, D.C.  I spent two

        11       fascinating years working in the Congress, and

        12       I developed an enormous respect and indeed

        13       reverence for the legislative process.

        14                  And in my prior experiences in

        15       Albany -- as advisor to Governor Carey during

        16       the fiscal crisis, as chairman of UDC, and

        17       chairman of MTA -- I dealt extensively with

        18       the Legislature of the State of New York.

        19                  And I have to tell you, I have an

        20       enormous amount of respect for this process,

        21       despite sometimes the intensity of the

        22       partisanship, sometimes the ambiguities that

        23       flow or the cumbersomeness that occurs.  But I

        24       truly devoutly personally believe that this is



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         1       the only way we can conduct business in this

         2       democratic political system of ours.

         3                  And it is with that abiding

         4       conviction that I tell you, though I am here

         5       under somewhat unusual circumstances -- and I

         6       am extremely sensitive to the fact that I was

         7       not elected to anything -- but I want you to

         8       know that for the next 14 months, if I can be

         9       of any help to any of you individually, to any

        10       of you collectively to get the business of

        11       this state done, it would be my honor to do

        12       so.

        13                  Thank you very much.

        14                  (Applause.)

        15                  THE PRESIDENT:    Are there any

        16       messages from the Assembly?

        17                  Presentation of petitions.

        18                  I'm learning the ropes here.

        19                  Messages from the Governor.

        20                  Any reports from standing

        21       committees?

        22                  Reports of select committees.

        23                  Communications and reports from

        24       state officers.



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         1                  Motions and resolutions.

         2                  The chair recognizes Senator Klein.

         3                  SENATOR KLEIN:    Mr. President, I

         4       believe there is a concurrent resolution at

         5       the desk.  I ask that the resolution be read

         6       in its entirety and move for its immediate

         7       adoption.

         8                  THE PRESIDENT:    The Secretary

         9       will read the resolution.

        10                  THE SECRETARY:    By Senator

        11       Sampson, Concurrent Resolution of the Senate

        12       and Assembly Number 3408, providing for a

        13       joint assembly for the purpose of receiving a

        14       message from the Governor.

        15                  "Resolved, That the Senate and

        16       Assembly meet in joint assembly in the

        17       Assembly Chamber at three o'clock p.m. today

        18       for the purpose of receiving a message from

        19       the Governor."

        20                  THE PRESIDENT:    Are there any

        21       other Senators that wish to be heard on this

        22       resolution?

        23                  The question is on the concurrent

        24       resolution.  All those in favor please signify



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         1       by saying aye.

         2                  (Response of "Aye.")

         3                  THE PRESIDENT:    Any opposed?

         4                  (No response.)

         5                  THE PRESIDENT:    The concurrent

         6       resolution is adopted.

         7                  Senator Klein.

         8                  SENATOR KLEIN:    Mr. President, I

         9       believe there's a privileged resolution at the

        10       desk.  I ask that the title of the resolution

        11       be read and move for its immediate adoption.

        12                  THE PRESIDENT:    The Secretary

        13       will read.

        14                  THE SECRETARY:    By Senator

        15       Sampson, Senate Resolution Number 3409,

        16       providing for a Select Committee of the Senate

        17       to investigate the facts and circumstances

        18       surrounding the conviction of Senator Hiram

        19       Monserrate on October 15, 2009.

        20                  THE PRESIDENT:    Are there any

        21       other Senators that wish to be heard on this

        22       resolution?

        23                  Senator Lanza.

        24                  SENATOR LANZA:    Thank you,



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         1       Mr. President.

         2                  The committee which is being

         3       proposed by this resolution has a task which

         4       is not pleasant at all to any of us.  The

         5       proposed client of this committee, so to

         6       speak, is the integrity of this Senate body.

         7                  In order to best serve the

         8       interests of that client, this committee must

         9       proceed unfettered by partiality or any

        10       external pressure whatsoever, including those

        11       of a political nature.

        12                  I suggest, in order to keep with

        13       that mission, that this committee ought to be

        14       comprised in an impartial way with five

        15       members from each party, as opposed to five

        16       from one and four from the other.

        17                  That being said, I've talked to

        18       Senator Schneiderman; I'm confident that this

        19       committee will proceed sensitive to the very

        20       important nature of the work ahead of us, and

        21       I'm confident that the members who have so far

        22       been proposed for this committee will

        23       undertake that task prudently and responsibly.

        24                  But again, I would propose that the



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         1       committee be comprised in a more impartial

         2       fashion with five members from each side of

         3       the aisle.

         4                  THE PRESIDENT:    Are there any

         5       other Senators that wish to be heard on this

         6       resolution?

         7                  The question is on the resolution.

         8       All those in favor please signify by saying

         9       aye.

        10                  (Response of "Aye.")

        11                  THE PRESIDENT:    Opposed, nay.

        12                  (No response.)

        13                  THE PRESIDENT:    The resolution is

        14       adopted.

        15                  Senator Klein.

        16                  SENATOR KLEIN:    Mr. President, on

        17       behalf of the Majority Conference Leader, I

        18       hand up the following committee notices and

        19       ask that they be filed in the Journal.

        20                  THE PRESIDENT:    Committee notice

        21       to be filed in the Journal.

        22                  The Secretary will read.

        23                  Senator Klein, I apologize.  You

        24       have another matter?



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         1                  SENATOR KLEIN:    Mr. President, I

         2       believe there's another privileged resolution

         3       at the desk.  I ask that the title of the

         4       resolution be read and move for its immediate

         5       adoption.

         6                  THE PRESIDENT:    The Secretary

         7       will read.

         8                  THE SECRETARY:    By Senator

         9       Sampson, Senate Resolution Number 3410,

        10       providing for a Senate Select Committee on

        11       New York City School Governance.

        12                  THE PRESIDENT:    Are there any

        13       other Senators that wish to be heard on this

        14       resolution?

        15                  The question is on the resolution.

        16       All those in favor please signify by saying

        17       aye.

        18                  (Response of "Aye.")

        19                  THE PRESIDENT:    All opposed, nay.

        20                  (No response.)

        21                  THE PRESIDENT:    The resolution is

        22       adopted.

        23                  Senator Klein.

        24                  SENATOR KLEIN:    Mr. President, on



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         1       behalf of the Majority Conference Leader, I

         2       hand up the following committee notices and

         3       ask that they be filed in the Journal.

         4                  THE PRESIDENT:    Committee notices

         5       to be filed in the Journal.

         6                  Senator Klein.

         7                  SENATOR KLEIN:    Mr. President,

         8       there will be a conference of the Majority

         9       immediately following the joint session in

        10       Room 332.

        11                  THE PRESIDENT:    Senator Klein.

        12                  SENATOR KLEIN:    Is there any

        13       further business at the desk?

        14                  THE PRESIDENT:    The desk is

        15       clear.

        16                  SENATOR LIBOUS:    Mr. President.

        17                  THE PRESIDENT:    Senator Libous.

        18                  SENATOR LIBOUS:    There will also

        19       be a Republican conference immediately

        20       following the joint session.

        21                  THE PRESIDENT:    There are some

        22       housekeeping items which will be taken care of

        23       when we adjourn -- immediately, I'm corrected.

        24                  Senator Klein.



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         1                  SENATOR KLEIN:    Yes,

         2       Mr. President.  I have a motion to reconsider

         3       and commit a bill recalled from the Assembly.

         4                  On behalf of Senator Breslin, I

         5       wish to call up Senate Print Number 414A,

         6       recalled from the Assembly, which is now at

         7       the desk.

         8                  THE PRESIDENT:    Secretary, will

         9       you read the title.

        10                  THE SECRETARY:    Calendar Number

        11       9, by Senator Breslin, Senate Print 414A, an

        12       act to amend the Vehicle and Traffic Law.

        13                  THE PRESIDENT:    Call the roll on

        14       reconsideration.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 47.

        17                  SENATOR KLEIN:    Mr. President, I

        18       now move to reconsider the vote by which the

        19       bill was passed.

        20                  THE PRESIDENT:    So ordered.

        21                  SENATOR KLEIN:    Mr. President, I

        22       now move to recommit the bill to the Committee

        23       on Rules.

        24                  THE PRESIDENT:    So ordered.



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         1                  Senator Klein.

         2                  SENATOR KLEIN:    I have one more,

         3       Mr. President.

         4                  On behalf of Senator Andrea

         5       Stewart-Cousins, I wish to call up Calendar

         6       Number 389, Assembly Print Number 215.

         7                  THE PRESIDENT:    The Secretary

         8       will read the title.

         9                  THE SECRETARY:    Calendar Number

        10       389, by Member of the Assembly Latimer,

        11       Assembly Print Number 215, an act to amend the

        12       Labor Law.

        13                  SENATOR KLEIN:    I now move to

        14       reconsider the vote by which the Assembly Bill

        15       was substituted for Senate Bill 2904 on

        16       May 26th.

        17                  THE PRESIDENT:    Call the roll on

        18       reconsideration.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 47.

        21                  SENATOR KLEIN:    I now move that

        22       Assembly Bill 215 be committed to the

        23       Committee on Rules and the Senate bill will be

        24       recommitted to the Committee on Rules.



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         1                  THE PRESIDENT:    So ordered.

         2                  SENATOR KLEIN:    Thank you,

         3       Mr. President.

         4                  THE PRESIDENT:    There being no

         5       further business to come before the Senate, on

         6       motion, the Senate stands adjourned until the

         7       call of the Temporary President, intervening

         8       days being legislative days.

         9                  The Senate will now proceed to the

        10       Assembly chamber for the purpose of a joint

        11       session to receive a message from the

        12       Governor.

        13                  (Whereupon, at 2:33 p.m., the

        14       Senate adjourned.)

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