Regular Session - January 6, 2010

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    January 6, 2010

        11                      12:32 p.m.

        12

        13

        14                    REGULAR SESSION

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        16

        17

        18

        19  LIEUTENANT GOVERNOR RICHARD RAVITCH, President

        20  ANGELO J. APONTE, Secretary

        21

        22

        23

        24



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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 again the Pledge of Allegiance

         6       to our Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  THE PRESIDENT:    May we bow our

        10       heads for a moment of silence.

        11                  (Whereupon, the assemblage

        12       respected a moment of silence.)

        13                  THE PRESIDENT:    Thank you.

        14                  The reading of the Journal.

        15                  The Secretary will read.

        16                  THE SECRETARY:    In Senate,

        17       Tuesday, January 5, the Senate met pursuant to

        18       adjournment.  The Journal of Saturday,

        19       January 2, was read and approved.  On motion,

        20       Senate adjourned.

        21                  THE PRESIDENT:    Without

        22       objection, the Journal stands approved as

        23       read.

        24                  Presentation of petitions.



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         1                  Messages from the Assembly.

         2                  Messages from the Governor.

         3                  Reports of standing committees.

         4                  Reports of select committees.

         5                  Communications and reports from

         6       state officers.

         7                  Motions and resolutions.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Mr. President, on

        10       behalf of Senator Sampson, I wish to call up

        11       Senate Print Number 1759, recalled from the

        12       Assembly, which is now at the desk.

        13                  THE PRESIDENT:    The Secretary

        14       will read.

        15                  THE SECRETARY:    Calendar Number

        16       70, by Senator Sampson, Senate Print 1759, an

        17       act to amend the City Civil Court Act.

        18                  THE PRESIDENT:    Senator Klein.

        19                  SENATOR KLEIN:    Mr. President, I

        20       now move to reconsider the vote by which the

        21       bill was passed.

        22                  THE PRESIDENT:    Call the roll on

        23       reconsideration.

        24                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 55.

         2                  THE PRESIDENT:    The bill is

         3       restored to its place on the Third Reading

         4       Calendar.

         5                  Senator Klein.

         6                  SENATOR KLEIN:    Mr. President, I

         7       now move to recommit the bill to the Committee

         8       on Judiciary.

         9                  THE PRESIDENT:    So ordered.

        10                  Senator Klein.

        11                  SENATOR KLEIN:    Mr. President, on

        12       behalf of Senator Diaz, I move to take from

        13       the table the motion to reconsider the vote by

        14       which Senate Bill Number 2550A was lost on

        15       September 10, 2009.  I further move that said

        16       bill be recommitted to the Committee on Rules.

        17                  THE PRESIDENT:    The Secretary

        18       will read.

        19                  THE SECRETARY:    Calendar Number

        20       964, by Senator Diaz, Senate Print 2550A, an

        21       act to amend the Tax Law.

        22                  THE PRESIDENT:    Call the roll on

        23       reconsideration.

        24                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 57.

         2                  THE PRESIDENT:    Order that said

         3       bill will be recommitted to the Committee on

         4       Rules.

         5                  Senator Klein.

         6                  SENATOR KLEIN:    Mr. President, I

         7       believe there's a concurrent resolution at the

         8       desk.  I ask that the resolution be read in

         9       its entirety and move for its immediate

        10       adoption.

        11                  THE PRESIDENT:    The Secretary

        12       will read the substitution.

        13                  THE SECRETARY:    The Assembly sent

        14       for concurrence Assembly Concurrent Resolution

        15       Number 819.

        16                  Senator Sampson moved to substitute

        17       Senate Concurrent Resolution Number 3543 for

        18       Assembly Concurrent Resolution Number 819.

        19                  THE PRESIDENT:    Substitution

        20       ordered.

        21                  The Secretary will read the

        22       resolution.

        23                  THE SECRETARY:    Concurrent

        24       resolution of the Senate and Assembly relative



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         1       to the adjournment sine die of the 2009

         2       session of the Legislature.

         3                  "RESOLVED, That the 2009 session of

         4       the Legislature adjourn sine die on Wednesday,

         5       January 6, 2010, simultaneously with the

         6       commencement of the 2010 legislative session."

         7                  THE PRESIDENT:    The question is

         8       on the concurrent resolution.  All those in

         9       favor please indicate by saying aye.

        10                  (Response of "Aye.")

        11                  THE PRESIDENT:    Any opposed?

        12                  (No response.)

        13                  THE PRESIDENT:    The concurrent

        14       resolution is adopted.

        15                  This regular session is adjourned

        16       sine die.

        17                  (Whereupon, at 12:36 p.m., the

        18       Senate adjourned.)

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