Regular Session - February 2, 2010
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 February 2, 2010
11 3:45 p.m.
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13
14 REGULAR SESSION
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16
17
18 SENATOR NEIL D. BRESLIN, 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 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 will be given by the Reverend Peter
10 G. Young, of Mother Theresa Community in
11 Albany, New York.
12 Father Young.
13 REVEREND YOUNG: Let us pray.
14 We're reminded in February of the
15 cupid shooting arrows of love. May we be
16 motivated to prioritize our love to one
17 another and to all of our constituents on this
18 Groundhog Day.
19 Doing the people's business with
20 love is what God has commanded. The bill of
21 God's love is on our calendar; now it is
22 asking for your vote of approval. God is
23 asking for your acceptance for the motion
24 direct to the Third Reading Calendar for
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1 immediate passage.
2 Amen.
3 (Laughter.)
4 ACTING PRESIDENT BRESLIN: Thank
5 you, Father Young.
6 The reading of the Journal.
7 The Secretary will read.
8 THE SECRETARY: In Senate,
9 Monday, February 1, the Senate met pursuant to
10 adjournment. The Journal of Friday,
11 January 29, was read and approved. On motion,
12 Senate adjourned.
13 ACTING PRESIDENT BRESLIN:
14 Without objection, the Journal stands approved
15 as read.
16 Presentation of petitions.
17 Messages from the Assembly.
18 Messages from the Governor.
19 Reports of standing committees.
20 Senator Klein.
21 SENATOR KLEIN: Mr. President, I
22 believe there's a report of the Finance
23 Committee at the desk.
24 ACTING PRESIDENT BRESLIN: The
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1 Secretary will read.
2 THE SECRETARY: Senator Kruger,
3 from the Committee on Finance, reports the
4 following nominations.
5 As a member of the Board of
6 Trustees of the State University of New York,
7 Eunice A. Lewin, of Buffalo.
8 ACTING PRESIDENT BRESLIN:
9 Senator Kruger.
10 SENATOR CARL KRUGER: Please move
11 the nomination.
12 ACTING PRESIDENT BRESLIN: Are
13 there any Senators wishing to be heard on the
14 nomination?
15 Senator Stachowski.
16 SENATOR STACHOWSKI: Yes,
17 Mr. President, I stand to second the
18 nomination of Eunice Lewin. I think she's
19 going to be a great addition to the Board of
20 Trustees of the State University.
21 She is very involved in our
22 community. There's practically no charity
23 event you can go to that she's not there.
24 She's very, very committed to the University
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1 of Buffalo. She also sees the value of having
2 Buff State in the City of Buffalo.
3 So I think with her love of higher
4 education, and particularly those institutions
5 that are right near us, that will give her a
6 great sense of purpose as being a new member
7 of the SUNY Board of Trustees.
8 And I might add that while she was
9 waiting, I kept telling her do we think they
10 sent her nomination to the Orient and it
11 finally got back here and that's why we're
12 confirming her today.
13 So it's my pleasure to second her
14 nomination.
15 ACTING PRESIDENT BRESLIN: Thank
16 you, Senator Stachowski.
17 Senator Maziarz.
18 SENATOR MAZIARZ: I'll defer to
19 Senator Volker, Mr. President.
20 ACTING PRESIDENT BRESLIN:
21 Senator Maziarz will defer to Senator Volker.
22 SENATOR VOLKER: Mr. President, I
23 just want to say that this nominee is a
24 long-time friend of mine. Her family, they
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1 are distinguished citizens of the community in
2 the Buffalo area, fine contributors to the
3 cultural well-being of our city and our
4 county.
5 And there's no question in my mind
6 that Eunice will become a wonderful addition
7 to the SUNY Board of Trustees. And I
8 certainly congratulate her.
9 ACTING PRESIDENT BRESLIN: Thank
10 you, Senator Volker.
11 Senator Maziarz.
12 SENATOR MAZIARZ: Thank you very
13 much, Mr. President.
14 I too rise with my colleagues from
15 Western New York to second this excellent
16 nomination by Governor Paterson. I said in
17 the Higher Ed Committee that it's great to see
18 somebody, somebody from Western New York get
19 appointed to something.
20 And this is a great nomination. It
21 will be a great appointment. Eunice has
22 done -- as Senator Volker pointed out, and
23 Senator Stachowski -- a great deal, has been
24 very active in the community.
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1 I've worked with Eunice as a member
2 of the Niagara Frontier Transportation
3 Authority. And even though she lives in
4 Buffalo and in Erie County, when it came to
5 Niagara County, she was always at the
6 forefront of helping us in Niagara County
7 establish a new transportation center for our
8 buses. And our new airport in Niagara Falls I
9 can say would not have happened without the
10 help and support of Eunice Lewin on the
11 Niagara Frontier Transportation Authority.
12 This is an excellent appointment by
13 the Governor, and she's going to do a great
14 job for the citizens of all of New York State.
15 ACTING PRESIDENT BRESLIN: Thank
16 you, Senator Maziarz.
17 Senator Thompson.
18 SENATOR THOMPSON: Good
19 afternoon. Mr. President, I want to just
20 thank you for the opportunity to say a few
21 brief remarks on behalf of this new appointee.
22 I am very humbled by the fact that
23 the Governor has supported this candidacy, her
24 candidacy. Ms. Lewin has given a lot in
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1 public service and community service. I was
2 proud to support, when asked, her candidacy to
3 the Governor. And I know that she's going to
4 do a great job for Western New York and all of
5 New York State.
6 We wish you well, and let's make
7 sure that we take care of all of SUNY,
8 especially those in Western New York as well.
9 Thank you. We wish you well. And I'm proud
10 that she does live in my district, right by
11 the park that I run in all the time. And
12 hopefully I run enough that you'll see me out
13 there running from some of those dogs in the
14 park sometime.
15 Thank you. I wish you well. God
16 bless you.
17 ACTING PRESIDENT BRESLIN: Thank
18 you, Senator Thompson.
19 Are there any other Senators
20 wishing to be heard?
21 The question is then on the
22 nomination. All those in favor please signify
23 by saying aye.
24 (Response of "Aye.")
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1 ACTING PRESIDENT BRESLIN:
2 Opposed, nay.
3 (No response.)
4 ACTING PRESIDENT BRESLIN: The
5 motion carries. The nomination is confirmed.
6 Ms. Lewin, congratulations.
7 (Applause.)
8 ACTING PRESIDENT BRESLIN: The
9 Secretary will continue to read.
10 THE SECRETARY: As a member of
11 the Board of Trustees of Cornell University,
12 Sheryl WuDunn, of Scarsdale.
13 ACTING PRESIDENT BRESLIN:
14 Senator Kruger.
15 SENATOR CARL KRUGER: Please move
16 the nomination.
17 ACTING PRESIDENT BRESLIN:
18 Senator Kruger moves the nomination.
19 Are there any Senators wishing to
20 be heard?
21 The question is then on the
22 nomination. All those in favor please signify
23 by saying aye.
24 (Response of "Aye.")
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1 ACTING PRESIDENT BRESLIN:
2 Opposed, nay.
3 (No response.)
4 ACTING PRESIDENT BRESLIN: The
5 motion carries. The nomination is confirmed.
6 Congratulations.
7 (Applause.)
8 ACTING PRESIDENT BRESLIN: The
9 Secretary will continue to read.
10 THE SECRETARY: As a trustee of
11 the State University Construction Fund, David
12 E. Ourlicht, of New York City.
13 ACTING PRESIDENT BRESLIN:
14 Senator Kruger.
15 SENATOR CARL KRUGER: Please move
16 that nomination as well.
17 ACTING PRESIDENT BRESLIN: Any
18 other Senators wishing to be heard on the
19 nomination?
20 Senator Stavisky.
21 SENATOR STAVISKY: Yes. Thank
22 you, Mr. President.
23 We have three outstanding nominees
24 before the Senate today, and each brings a
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1 different dimension to service in the higher
2 education system.
3 Eunice Lewin has been confirmed as
4 a SUNY trustee. She has two master's degrees
5 from SUNY Buffalo, and she has spent 30 years
6 working for the Buffalo Board of Education.
7 Sheryl WuDunn brings a different
8 perspective. She's a journalist, a foreign
9 correspondent, the coauthor of three books,
10 the most recent one, Half the Sky, which talks
11 about women in developing nations. She is a
12 former foreign correspondent for the New York
13 Times, and in fact has won the Pulitzer Prize,
14 the Polk, and the Overseas Press Club Awards.
15 And she brings a background in business as
16 well as reporting to Cornell's Board of
17 Trustees.
18 And David Ourlicht, for the SUNY
19 Construction Fund, is an investment banker.
20 He's senior vice president of Amalgamated
21 Bank. As I told him earlier, Amalgamated
22 Bank, the labor bank, many people,
23 particularly, in New York City used
24 Amalgamated Bank to purchase their cars and
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1 their homes. It's an outstanding institution.
2 And I know that he will bring a financial
3 background as well to the Construction Fund.
4 So I'm delighted with these
5 nominations. I congratulate each individual.
6 They all came before the Higher Education
7 Committee this morning. And I think that
8 their service is going to be an exciting
9 experience not for them but for the people of
10 our state.
11 Thank you, Mr. President.
12 ACTING PRESIDENT BRESLIN: The
13 question is on the nomination of David E.
14 Ourlicht, of New York City, as trustee of the
15 State University Construction Fund.
16 All those in favor please signify
17 by saying aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT BRESLIN:
20 Opposed, nay.
21 (No response.)
22 ACTING PRESIDENT BRESLIN: The
23 motion carries. The nomination is confirmed.
24 And Mr. Ourlicht is joined today in
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1 the chamber by his wife, Marybeth, and sons
2 David and Bart.
3 Congratulations.
4 (Applause.)
5 ACTING PRESIDENT BRESLIN: The
6 Secretary will read.
7 THE SECRETARY: As a member of
8 the Board of Trustees of the State University
9 of New York, Philip A. Berry, of New York
10 City.
11 As a member of the Board of
12 Trustees of the State University of New York
13 College of Environmental Science and Forestry,
14 Matthew J. Marko, of Syracuse.
15 As members of the Board of Visitors
16 of the New York State Home for Veterans and
17 Their Dependents at Montrose, Charlotte
18 Craven, of Poughkeepsie; Daniel Griffin, of
19 White Plains; and William T. Mahan, of
20 New City.
21 As a member of the Board of
22 Visitors of the New York State Home for
23 Veterans and Their Dependents at Oxford, John
24 DePersis, of Johnson City.
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1 And as a member of the Board of
2 Visitors of the New York State Home for
3 Veterans and Their Dependents at St. Albans,
4 Marjorie Smith, of South Ozone Park.
5 ACTING PRESIDENT BRESLIN:
6 Senator Kruger.
7 SENATOR CARL KRUGER: Please move
8 those nominations.
9 ACTING PRESIDENT BRESLIN: Are
10 there any Senators wishing to be heard?
11 Senator Golden.
12 SENATOR GOLDEN: Thank you,
13 Mr. President.
14 I rise for all of these trustees
15 that have been named today and all of the
16 members of the New York State Home for
17 Veterans and Their Dependents at Montrose,
18 those for the New York State Home for Veterans
19 and Their Dependents at Oxford, and of course
20 the New York State Home for Veterans and Their
21 Dependents at St. Albans.
22 But most of all, for the trustees
23 here that have been named to our colleges --
24 Philip Berry for his reappointment and David
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1 Ourlicht for his new appointment as a trustee
2 to the State University Construction Fund.
3 In our audience today we have young
4 men up here from Xaverian High School who will
5 be graduating shortly and going on to many of
6 these schools that we have mentioned here
7 today. And it is our job to make sure that we
8 trust and put good trustees into these schools
9 so that these young men, these young leaders
10 of the future, get the education that they so
11 justly deserve.
12 So I commend all of our
13 appointments today, those particularly to the
14 City of New York and those from the University
15 of Buffalo, Cornell University, and the State
16 College of Environmental Science and Forestry.
17 Congratulations to them, to their families.
18 And thank you, Xaverian, for being
19 here and witnessing this good day.
20 Thank you.
21 ACTING PRESIDENT BRESLIN: The
22 question is on the nominations. All those in
23 favor please signify by saying aye.
24 (Response of "Aye.")
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1 ACTING PRESIDENT BRESLIN:
2 Opposed, nay.
3 (No response.)
4 ACTING PRESIDENT BRESLIN: The
5 motion carries. The nominations are
6 confirmed.
7 Congratulations.
8 Senator Klein.
9 SENATOR KLEIN: Mr. President, at
10 this time can we move to a reading of the
11 calendar.
12 ACTING PRESIDENT BRESLIN: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 8, by Senator Morahan, Senate Print 5323A, an
16 act to amend the Executive Law, in relation to
17 the designation of a "Thurgood Marshall Day"
18 as a day of commemoration.
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.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT BRESLIN:
3 Announce the results.
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT BRESLIN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 13, by Senator Schneiderman, Senate Print
9 4667 --
10 SENATOR KLEIN: Lay the bill
11 aside for the day.
12 ACTING PRESIDENT BRESLIN: The
13 bill is laid aside for the day.
14 The Secretary will continue to
15 read.
16 THE SECRETARY: Calendar Number
17 23, by Senator Aubertine, Senate Print 5426,
18 an act to amend the Highway Law, in relation
19 to authorizing county highway superintendents.
20 ACTING PRESIDENT BRESLIN: Read
21 the last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BRESLIN: Call
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1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BRESLIN:
4 Announce the results.
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT BRESLIN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 25, by Senator Aubertine, Senate Print --
10 SENATOR KLEIN: Laid the bill
11 aside for the day.
12 ACTING PRESIDENT BRESLIN: The
13 bill is laid aside for the day.
14 THE SECRETARY: Calendar Number
15 26, by Senator Foley, Senate Print 6346, an
16 act to amend the Executive Law, in relation to
17 including.
18 ACTING PRESIDENT BRESLIN: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BRESLIN: Call
23 the roll.
24 (The Secretary called the roll.)
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1 ACTING PRESIDENT BRESLIN:
2 Senator Foley, to explain his vote.
3 SENATOR FOLEY: Thank you,
4 Mr. President.
5 This particular initiative will
6 enable Lake Ronkonkoma, which is the largest
7 freshwater lake on Long Island, to be part of
8 the inland waterways, which will enable that
9 particular area to access crucial dollars in
10 order to revitalize that particular lakefront.
11 There's a great and long history to
12 this particular lake. It dates back,
13 obviously, to precolonial days and has been
14 one of the major geographic points on Long
15 Island, dating back to the time when three
16 different Indian tribes took claim to
17 different portions of the shoreline.
18 In recent years this area has been
19 somewhat in need of revitalization, and by
20 this designation it will make this particular
21 waterway eligible for crucial funds that will
22 enable this lake to return to its former
23 grandeur.
24 So this is very important. It has
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1 received bipartisan support from the county
2 legislature, and I would hope that we do the
3 same here in the State Legislature.
4 Thank you.
5 ACTING PRESIDENT BRESLIN: Thank
6 you, Senator Foley.
7 Announce the results.
8 THE SECRETARY: Ayes, 61. Nays,
9 0.
10 ACTING PRESIDENT BRESLIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 27, by Senator Thompson, Senate Print 4917, an
14 act to amend the Public Authorities Law, in
15 relation to creating.
16 ACTING PRESIDENT BRESLIN: Read
17 the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BRESLIN: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BRESLIN:
24 Announce the results.
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1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT BRESLIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 35, by Senator DeFrancisco, Senate Print 764,
6 an act to amend the Insurance Law, in relation
7 to authorizing.
8 ACTING PRESIDENT BRESLIN: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the first of January.
12 ACTING PRESIDENT BRESLIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BRESLIN:
16 Announce the results.
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT BRESLIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 37, by Senator Breslin, Senate Print 4767A, an
22 act to amend the Insurance Law, in relation to
23 approval.
24 ACTING PRESIDENT BRESLIN: Read
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1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 60th day.
4 ACTING PRESIDENT BRESLIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BRESLIN:
8 Announce the results.
9 THE SECRETARY: Ayes, 61.
10 ACTING PRESIDENT BRESLIN: The
11 bill is passed.
12 Senator Klein.
13 SENATOR KLEIN: Mr. President, I
14 want to announce that there's going to be a
15 meeting of the Commerce, Economic Development
16 and Small Business Committee in Room 123
17 immediately following session.
18 ACTING PRESIDENT BRESLIN: There
19 will be an immediate meeting after session of
20 the Commerce, Economic Development and Small
21 Business Committee in Room 123 of the Capitol.
22 Senator Klein.
23 SENATOR KLEIN: Mr. President, is
24 there any further business at the desk?
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1 ACTING PRESIDENT BRESLIN: There
2 is no further business at the desk.
3 SENATOR KLEIN: There being none,
4 Mr. President, I move that we adjourn until
5 Monday, February 8th, at 3:00 p.m.,
6 intervening days to be legislative days.
7 ACTING PRESIDENT BRESLIN: There
8 being no further business to come before the
9 Senate, on motion, the Senate stands adjourned
10 until Monday, February 8th, at 3:00 p.m.,
11 intervening days being legislative days.
12 (Whereupon, at 4:02 p.m., the
13 Senate adjourned.)
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