Regular Session - March 3, 2010

                                                            1168



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     March 3, 2010

        11                      11:47 a.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR DAVID J. VALESKY, Acting President

        19  ANGELO J. APONTE, Secretary

        20

        21

        22

        23

        24

        25



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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:    In the

        10       absence of clergy, may we bow our heads in a

        11       moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT VALESKY:    The

        15       reading of the Journal.

        16                  The Secretary will read.

        17                  THE SECRETARY:    In Senate,

        18       Tuesday, March 2, the Senate met pursuant to

        19       adjournment.  The Journal of Monday, March 1,

        20       was read and approved.  On motion, Senate

        21       adjourned.

        22                  ACTING PRESIDENT VALESKY:

        23       Without objection, the Journal stands approved

        24       as read.

        25                  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 Adams, I wish to call up

        11       Senate Bill 6352A, recalled from the Assembly,

        12       which is now at the desk.

        13                  ACTING PRESIDENT VALESKY:    The

        14       Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       80, by Senator Adams, Senate Print 6352A, an

        17       act to amend the Racing, Pari-Mutuel Wagering

        18       and Breeding Law.

        19                  ACTING PRESIDENT VALESKY:

        20       Senator Klein.

        21                  SENATOR KLEIN:    Mr. President, I

        22       now move to reconsider the vote by which the

        23       bill was passed and ask that the bill be

        24       restored to the order of third reading.

        25                  ACTING PRESIDENT VALESKY:    The



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         1       Secretary will call the roll on

         2       reconsideration.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 56.

         5                  ACTING PRESIDENT VALESKY:

         6       Senator Klein.

         7                  SENATOR KLEIN:    Mr. President, I

         8       now move to discharge, from the Committee on

         9       Finance, Assembly Print Number 9954 and

        10       substitute it for the identical bill.

        11                  The Senate bill on first passage

        12       was voted unanimously.  I now move that the

        13       substituted Assembly bill have its third

        14       reading at this time.

        15                  ACTING PRESIDENT VALESKY:    The

        16       Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       80, substituted earlier by Member of the

        19       Assembly Pretlow, Assembly Print Number 9954,

        20       an act to amend the Racing, Pari-Mutuel

        21       Wagering and Breeding Law, in relation to

        22       equine drug testing.

        23                  ACTING PRESIDENT VALESKY:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 56.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Mr. President,

        10       are there any substitutions at the desk?

        11                  ACTING PRESIDENT VALESKY:    Yes,

        12       Senator, there are substitutions.

        13                  The Secretary will read.

        14                  THE SECRETARY:    On page 11,

        15       Senator Volker moves to discharge, from the

        16       Committee on Civil Service and Pensions,

        17       Assembly Bill Number 9925 and substitute it

        18       for the identical Senate Bill Number 3038A,

        19       Third Reading Calendar 61.

        20                  On page 12, Senator Thompson moves

        21       to discharge, from the committee on

        22       Environmental Conservation, Assembly Bill

        23       Number 5765 and substitute it for the

        24       identical Senate Bill Number 3777, Third

        25       Reading Calendar 82.



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         1                  On page 13, Senator Foley moves to

         2       discharge, from the Committee on Banks,

         3       Assembly Bill Number 9872 and substitute it

         4       for the identical Senate Bill Number 6698,

         5       Third Reading Calendar 110.

         6                  On page 17, Senator Addabbo moves

         7       to discharge, from the Committee on Codes,

         8       Assembly Bill Number 602 and substitute it for

         9       the identical Senate Bill Number 6724, Third

        10       Reading Calendar 156.

        11                  And on page 17, Senator Fuschillo

        12       moves to discharge, from the Committee on

        13       Health, Assembly Bill Number 5320A and

        14       substitute it for the identical Senate Bill

        15       Number 629A, Third Reading Calendar 164.

        16                  ACTING PRESIDENT VALESKY:

        17       Substitutions ordered.

        18                  Senator Klein.

        19                  SENATOR KLEIN:    Mr. President, at

        20       this time I would like to recall Senate

        21       Resolution Number 3331, which was previously

        22       adopted on January 12th.

        23                  I ask that the resolution be read

        24       in its entirety and give Senator Andrea

        25       Stewart-Cousins the opportunity to speak on



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         1       her resolution.

         2                  ACTING PRESIDENT VALESKY:    The

         3       Secretary will read.

         4                  THE SECRETARY:    By Senator

         5       Stewart-Cousins, Legislative Resolution

         6       Number 3331, mourning the death of Yonkers

         7       Fire Department Firefighter Patrick Joyce, Jr.

         8                  "WHEREAS, A great state is only as

         9       great as those individuals and their

        10       organizations who perform exemplary service on

        11       behalf of their community, and it is the

        12       custom of this Legislative Body to pay tribute

        13       to that outstanding service; and

        14                  "WHEREAS, Patrick Joyce, Jr., was

        15       born in the Riverdale neighborhood of the

        16       Bronx, New York, to a family that loved him

        17       dearly, and in that tradition he built a life

        18       and family in Eastchester, New York, with his

        19       loving wife, Tara, and their daughters,

        20       Isabella and Charlotte; and

        21                  "WHEREAS, A veteran firefighter of

        22       16 years, Patrick Joyce, Jr., exhibited a

        23       tremendous passion for his work and a love for

        24       the community he served.  He is remembered by

        25       all for his kindness, professionalism, and



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         1       humor.  And in addition to his duties as a

         2       Yonkers firefighter, assigned to Rescue 1, he

         3       was also an entrepreneur, the proprietor of

         4       the Dunwoody Golf Course, and a visionary who

         5       believed in a promising future for the City of

         6       Yonkers and its waterfront; and

         7                  "WHEREAS, City of Yonkers

         8       firefighter Patrick Joyce, Jr., heroically

         9       gave his life in the line of duty while

        10       fighting a fire on October 2, 2009; and

        11                  "WHEREAS, A loving and devoted

        12       husband, father, son, brother, friend and

        13       fellow firefighter, Patrick Joyce, Jr., is

        14       survived by his parents, Patrick and Kathleen;

        15       his wife, Tara; his daughters, Isabella and

        16       Charlotte; his brother Martin and twin brother

        17       Peter, sisters Deborah, Julianne, and Katie,

        18       and many loving family members and dear

        19       friends; and

        20                  "WHEREAS, Throughout his life,

        21       Firefighter Patrick Joyce, Jr., touched so

        22       many through his kindness and commitment to

        23       public service.  And in this time of such

        24       loss, the entire community joins together to

        25       memorialize his remarkable life and the



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         1       immense impact he had on everyone with whom he

         2       came in contact; and

         3                  "WHEREAS, This Legislative Body

         4       pauses to pay tribute to the immense sacrifice

         5       that City of Yonkers Firefighter Patrick

         6       Joyce, Jr., has made, and to honor this

         7       sacrifice and offer comfort and prayers to his

         8       family and many friends; and

         9                  "WHEREAS, The countless lives that

        10       have been influenced by this remarkable man

        11       will ensure his lasting legacy, and his

        12       sacrifice will not be forgotten.  Firefighter

        13       Patrick Joyce, Jr., will prefer be honored and

        14       his memory will always be cherished; now,

        15       therefore, be it

        16                  "RESOLVED, That this Legislative

        17       Body pause in its deliberations to mourn the

        18       death of Yonkers Fire Department Firefighter

        19       Patrick Joyce, Jr., whose memory will remain

        20       in the hearts of all those who had the honor

        21       of serving with him; and be it further

        22                  "RESOLVED, That copies of this

        23       resolution, suitably engrossed, be transmitted

        24       to the family of Firefighter Patrick Joyce,

        25       Jr., and the Yonkers Fire Department."



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         1                  ACTING PRESIDENT VALESKY:

         2       Senator Stewart-Cousins, on the resolution.

         3                  SENATOR STEWART-COUSINS:    Thank

         4       you, Mr. President.

         5                  I look up and look at the family,

         6       and we heard the very, very tragic story of

         7       how Patrick Joyce, in the line of duty,

         8       sacrificed his life for others.

         9                  And the resolution makes us all

        10       very, very sad because we understand what a

        11       tremendous loss such as this one means -- not

        12       only to the family, but to the entire

        13       community.  We know that when we send people

        14       out to protect us, there's always that

        15       possibility that they may not return.  But

        16       most of us never really think of it until a

        17       day like this, like the one we experienced on

        18       October 2, 2009.

        19                  When this 39-year-old firefighter

        20       plunged to his death when he tried to rescue

        21       people he thought were in a house, the whole

        22       community stopped and the whole community

        23       embraced the family that you see up above us.

        24                  And while we mourned, the only

        25       thing we heard were the stories of "the Irish



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         1       Prince," Patrick Joyce.  And as much as we

         2       were sorrowful when we heard how every moment

         3       of his life -- not only on the job, but every

         4       moment of his life -- was dedicated to the

         5       support of his beautiful wife, Tara, and the

         6       children, Isabella and Charlotte, and his mom

         7       and dad, who are with us, Patrick and

         8       Kathleen, and all of his brothers and sisters,

         9       sister-in-laws, nieces, everyone.

        10                  And then it extended even beyond

        11       that.  He was an entrepreneur.  He was a man

        12       who was making lives better on every level.

        13       And any time anybody needed something fixed in

        14       the family, it was Patrick who would come to

        15       do that.  There was never a moment that he

        16       wasn't giving.

        17                  And when that fateful day happened,

        18       there was no end to what the outpouring of an

        19       entire community gave back to that family.

        20       And so from Riverdale, where he was born, all

        21       the way through Westchester County, thousands

        22       of people came to embrace the Joyces because

        23       of the legacy of Patrick.

        24                  And although we were not in session

        25       during that tragic period, in January this



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         1       body passed a resolution.  But we didn't want

         2       to pass it without inviting you to be part of

         3       it -- and in a time where, yes, we can

         4       celebrate his life and give respect to the

         5       fact that there was a loss, but also let you

         6       know that the family extends far beyond the

         7       boundaries you could ever imagine.  That the

         8       family is a New York State family, and that

         9       his legacy, represented by you, is something

        10       that we all cherish.  And that what he did is

        11       representative of so many who every day go out

        12       and we all hope return safely but know they're

        13       there to do a job for us.

        14                  So as we give you this tribute and

        15       this resolution, it is also not just a

        16       mourning but a celebration of his life, and

        17       gratitude for all that you've given to us in

        18       your strength, your dignity, in your joy in

        19       spite of it all, and your willingness to be

        20       here to show us that we do go on, we do move

        21       on, and we celebrate even new life in the

        22       person of Leila, who's there with us who's

        23       only one week old.

        24                  Thank you so much.  God bless you.

        25       Thank you.



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         1                  ACTING PRESIDENT VALESKY:    Thank

         2       you, Senator Stewart-Cousins.

         3                  SENATOR STEWART-COUSINS:    And of

         4       course I would open the resolution to the

         5       entire body.

         6                  ACTING PRESIDENT VALESKY:    Thank

         7       you, Senator Stewart-Cousins.

         8                  Senator Klein, on the resolution.

         9                  SENATOR KLEIN:    Thank you,

        10       Mr. President.

        11                  I want to thank my colleague

        12       Senator Andrea Stewart-Cousins for bringing

        13       this resolution before us today.

        14                  It's unfortunate that the only

        15       time, in many cases, we celebrate the life of

        16       a brave firefighter like Patrick Joyce is upon

        17       his death.  And I know this is a man who

        18       dedicated his life to the Yonkers Fire

        19       Department for 16 years, dedicated his life to

        20       his family and his community.  And it's

        21       unfortunate that we're only talking about it

        22       now.

        23                  But at the same time, I think it is

        24       worth mentioning that he's someone who touched

        25       many, many lives, not only his job in the



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         1       Yonkers Fire Department, but his family and

         2       friends.

         3                  He grew up in the Riverdale section

         4       of the Bronx, he lived his life with his

         5       wonderful family in the Town of Eastchester,

         6       in Westchester County, which I represent.

         7                  And I wish there was something more

         8       that we can do in this legislative session.  I

         9       wish there was a way we can do more for his

        10       family, his lovely wife, his mother and

        11       father, his children.  But unfortunately, we

        12       can't.  But what we can do is recognize his

        13       memory, recognize all he did for his community

        14       and his country.

        15                  And I know he's looking down at us

        16       today with a smile, not only because he's

        17       being recognized -- which I don't think he

        18       would care about that, because he got up every

        19       day and he did a job because he had to do that

        20       job -- but I think he would smile because his

        21       family is all here today.  And I know it's a

        22       family he loved very, very much.

        23                  So thank you, Andrea

        24       Stewart-Cousins, for recognizing a very brave

        25       firefighter, Patrick Joyce.



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         1                  ACTING PRESIDENT VALESKY:    Thank

         2       you, Senator Klein.

         3                  Are there any other Senators who

         4       wish to be heard on the resolution?

         5                  At this time I would ask all

         6       Senators in the chamber and guests, staff and

         7       guests, to please rise and offer a moment of

         8       silence to honor the memory of Yonkers

         9       Firefighter Patrick Joyce, Jr.

        10                  (Whereupon, the assemblage

        11       respected a moment of silence.)

        12                  ACTING PRESIDENT VALESKY:    As

        13       Senator Stewart-Cousins has indicated, the

        14       resolution is open for cosponsorship.  Anyone

        15       wishing not to be a sponsor of the resolution

        16       should notify the desk.

        17                  And the resolution was unanimously

        18       adopted on January 12th.

        19                  Senator Klein.

        20                  SENATOR KLEIN:    Mr. President, at

        21       this time can we please move to a reading of

        22       the calendar.

        23                  ACTING PRESIDENT VALESKY:    The

        24       Secretary will proceed with a reading of the

        25       active-list bills on Senate Calendar Number



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         1       15.

         2                  THE SECRETARY:    Calendar Number

         3       28, by Senator Perkins, Senate Print 1145C, an

         4       act to amend the Environmental Conservation

         5       Law, in relation to --

         6                  SENATOR KLEIN:    Lay the bill

         7       aside for the day.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is laid aside for the day.

        10                  THE SECRETARY:    Calendar Number

        11       83, by Senator Thompson, Senate Print --

        12                  SENATOR KLEIN:    Lay the bill

        13       aside for the day.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside for the day.

        16                  THE SECRETARY:    Calendar Number

        17       100, by Senator Breslin, Senate Print 4116, an

        18       act to amend the Insurance Law, in relation to

        19       investments.

        20                  ACTING PRESIDENT VALESKY:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT VALESKY:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 58.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       105, by Senator Aubertine, Senate Print 6318,

         7       an act requiring the State Fire Prevention and

         8       Building Code Council to implement.

         9                  ACTING PRESIDENT VALESKY:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT VALESKY:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 58.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       114, by Senator Adams, Senate Print 3815, an

        21       act to amend the Military Law, in relation to

        22       authorizing additional paid leave.

        23                  ACTING PRESIDENT VALESKY:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 58.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       126, by Senator Sampson, Senate Print 3528A,

        10       an act to amend the Estates, Powers and Trusts

        11       Law, the General Obligations Law, and the

        12       Mental Hygiene Law.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 4.  This

        16       act shall take effect on the first of January

        17       next succeeding.

        18                  ACTING PRESIDENT VALESKY:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 58.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       136, by Senator Dilan, Senate Print 3625, an



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         1       act to amend the Vehicle and Traffic Law, in

         2       relation to retention.

         3                  ACTING PRESIDENT VALESKY:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 3.  This

         6       act shall take effect on the 90th day.

         7                  ACTING PRESIDENT VALESKY:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 58.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       138, by Senator Foley, Senate Print 6459, an

        15       act to amend the Highway Law, in relation to

        16       designating.

        17                  ACTING PRESIDENT VALESKY:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 4.  This

        20       act shall take effect on the 30th day.

        21                  ACTING PRESIDENT VALESKY:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 58.

        25                  ACTING PRESIDENT VALESKY:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       142, by Senator --

         4                  SENATOR KLEIN:    Lay the bill

         5       aside for the day, please.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is laid aside for the day.

         8                  THE SECRETARY:    Calendar Number

         9       143, by Senator Stavisky, Senate Print 5857,

        10       an act to amend the Workers' Compensation Law,

        11       in relation to rule-making.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 58.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       145, by Senator Valesky, Senate Print 6268, an

        24       act to repeal the closing paragraph of

        25       Section 173 of the Agriculture and Markets



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         1       Law.

         2                  ACTING PRESIDENT VALESKY:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 58.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       155, by Senator Duane --

        14                  SENATOR KLEIN:    Lay the bill

        15       aside for the day, please.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is laid aside for the day.

        18                  THE SECRETARY:    Calendar Number

        19       159, by Senator Aubertine, Senate Print 4844,

        20       an act to amend the State Finance Law, in

        21       relation to reducing.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 5.  This

        25       act shall take effect on the 30th day.



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         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 58.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       162, by Senator Klein, Senate Print 5841A, an

         9       act authorizing the Commissioner of General

        10       Services to sell certain land.

        11                  ACTING PRESIDENT VALESKY:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 5.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT VALESKY:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 58.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       169, by Senator Valesky, Senate Print 5722, an

        23       act to amend the Vehicle and Traffic Law, in

        24       relation to excluding.

        25                  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                  THE SECRETARY:    Ayes, 58.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       172, by Senator --

        12                  SENATOR KLEIN:    Lay the bill

        13       aside for the day.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside for the day.

        16                  THE SECRETARY:    Calendar Number

        17       174, by Senator Squadron, Senate Print 5577 --

        18                  SENATOR KLEIN:    Lay the bill

        19       aside for the day, please.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is laid aside for the day.

        22                  Senator Klein, that completes the

        23       noncontroversial reading of the bills on

        24       today's active list.

        25                  SENATOR KLEIN:    Mr. President,



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         1       can you please recognize Senator Foley

         2       regarding a previously passed bill, Senate

         3       Bill Number 6459.

         4                  ACTING PRESIDENT VALESKY:

         5       Senator Foley, to explain his vote.

         6                  SENATOR FOLEY:    Thank you,

         7       Mr. President.

         8                  It's indeed an honor today to

         9       sponsor this legislation that renames a

        10       portion of the state highway system as

        11       "Corporal Paulo Marko Pacificador Memorial

        12       Bridge."

        13                  Corporal Pacificador Memorial

        14       Bridge is located on the William Floyd Parkway

        15       passing over Route 127 in Shirley.  It will be

        16       an homage to Corporal Pacificador, who served

        17       our country with great courage and bravery.

        18                  On August 13, 2007, Corporal

        19       Pacificador was killed in hostilities in Iraq.

        20       He was just 24 years of age.  Posthumously, he

        21       was awarded the Bronze Star and the Purple

        22       Heart for his valor and sacrifice to our

        23       country.

        24                  He is survived by his fine parents

        25       Mr. and Mrs. Jose Pacificador, of Shirley.



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         1       While I was supervisor, I had the distinct

         2       honor to visit their home to speak with them

         3       about their loss.

         4                  Nothing, obviously, that we do

         5       today will bring Corporal Pacificador back in

         6       our lives, and no tribute will ever come close

         7       to repaying the great debt that our nation

         8       owes to Corporal Pacificador and all those who

         9       have paid the ultimate sacrifice to protect

        10       the United States.  However, memorializing

        11       this bridge is one way that we can express our

        12       appreciation for his service and a promise

        13       that we'll never, never forget that the

        14       service of Corporal Pacificador will always be

        15       remembered by all of our constituents and

        16       residents of New York State.

        17                  We're grateful for his service.  We

        18       thank him for his years of service to our

        19       country and to his family.  And again, this

        20       memorial bridge is one way that we can say

        21       thank you to his family.  And they'll have a

        22       small token of relief in the fact that we in

        23       New York State are highlighting his great

        24       sacrifice and that every time we cross that

        25       very busy bridge, it's to remember a very fine



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         1       citizen and son of our state.

         2                  Thank you, Mr. President.

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Foley to be recorded in the

         5       affirmative.

         6                  Senator Klein.

         7                  SENATOR KLEIN:    Mr. President,

         8       can we return to order of motions and

         9       resolutions.

        10                  I believe Senator Sampson has a

        11       resolution at the desk.  I ask that the title

        12       of the resolution be read and move for its

        13       immediate adoption.

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Klein.

        16                  SENATOR KLEIN:    Mr. President,

        17       can we please stand at ease.

        18                  ACTING PRESIDENT VALESKY:    The

        19       Senate will stand at ease.

        20                  (Whereupon, the Senate stood at

        21       ease at 12:10 p.m.)

        22                  (Whereupon, the Senate reconvened

        23       at 12:12 p.m.)

        24                  ACTING PRESIDENT VALESKY:

        25       Senator Klein.



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         1                  SENATOR KLEIN:    Mr. President,

         2       can we return to the order of motions and

         3       resolutions.  I believe Senator Sampson has a

         4       resolution at the desk.  I ask that the title

         5       of the resolution be read and move for its

         6       immediate adoption.

         7                  ACTING PRESIDENT VALESKY:

         8       Senator Klein, has this resolution been deemed

         9       privileged and submitted by the office of the

        10       Temporary President?

        11                  SENATOR KLEIN:    Yes, it has,

        12       Mr. President.

        13                  ACTING PRESIDENT VALESKY:    The

        14       Secretary will read.

        15                  THE SECRETARY:    By Senator

        16       Sampson, concurrent resolution establishing a

        17       plan setting forth an itemized list of

        18       grantees for a certain appropriation for the

        19       2009-2010 state fiscal year for grants that

        20       are incurred by local government agencies

        21       and/or not-for-profit providers or their

        22       employees providing civil or criminal legal

        23       services; for grants in aid for drug, violence

        24       and crime control and prevention programs; and

        25       for grants that prevent domestic violence or



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         1       aid victims of domestic violence, as required

         2       by subdivision 5 of Section 24 of the State

         3       Finance Law.

         4                  ACTING PRESIDENT VALESKY:

         5       Senator Bonacic, on the resolution.

         6                  SENATOR BONACIC:    Thank you,

         7       Mr. President.

         8                  I'm going to stand in opposition to

         9       this resolution for two reasons.

        10                  I believe in the fall of last year

        11       this resolution was addressed, and a majority

        12       of the members here supported the resolution,

        13       including myself.  But things have changed

        14       from the fall of last year to now, in terms of

        15       our fiscal crisis, in terms of how we've got

        16       to prioritize state spending.  And I do

        17       believe that there are more important things

        18       that we can spend this money on than those

        19       itemized in this resolution.

        20                  The second reason I stand and

        21       oppose this resolution is because, according

        22       to our new rules, which we adopted in January,

        23       we said that state resources were going to be

        24       distributed more fairly and equally to all of

        25       the members throughout the State of New York.



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         1       And I think when you look at this resolution,

         2       if we're going to spend the money, it's keyed

         3       only to a handful.  And that is contrary to

         4       the spirit of the new rules that we adopted in

         5       January of 2010.

         6                  For those two reasons, I'm going to

         7       vote no.  Thank you, Mr. President.  And not

         8       only on this bill -- this is the Byrne money,

         9       and I understand the second resolution is on

        10       bullet aid.  And for the same reasons, I'm

        11       going to vote no.

        12                  Thank you.

        13                  ACTING PRESIDENT VALESKY:    Thank

        14       you, Senator Bonacic.

        15                  Senator DeFrancisco, on the

        16       resolution.

        17                  SENATOR DeFRANCISCO:    Yes.  It's

        18       now March 3rd; it's been almost a month since

        19       the Governor has presented us with his budget.

        20       And to today there's been absolutely no

        21       activity towards trying to resolve that budget

        22       situation.

        23                  Even more concerning to me is that

        24       there is a legislative law that says 10 days

        25       after the budget is presented to us, there has



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         1       to be a determination, an announcement of

         2       conference committees to openly discuss the

         3       budget between the Assembly and the Senate and

         4       also the composition of those committees and a

         5       schedule for that activity, the open

         6       discussions of budget components by members,

         7       rank-and-file members.

         8                  You know, last year that was

         9       totally ignored.  Despite the promise that we

        10       were going to have a new and improved reform

        11       system, it was ignored.  A budget came out out

        12       of a private meeting between the three leaders

        13       from New York City, and we had a yea or nay

        14       vote on it.

        15                  This year I want to make it very

        16       clear that at least the people on this side of

        17       the aisle aren't going to tolerate that.  And

        18       this is an opportunity to vote no on this

        19       particular part of a spending plan when we

        20       haven't even started the procedure for an

        21       open, honest debate about the various

        22       components of what the budget should be like.

        23                  So we're starting today -- and I'm

        24       sure you're going to hear this again -- we

        25       need the conference committee law abided by.



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         1       We're not looking for reform, we're not

         2       looking for change.  We're looking for abiding

         3       by the law as it exists that many of us in

         4       this house on both sides of the aisle -- I

         5       think everybody on both sides of the aisle

         6       that were there when it was passed -- voted

         7       for.

         8                  So I'm going to vote no on this

         9       because it's a spending plan that's a segment

        10       of our spending.  And we shouldn't be spending

        11       anything until we start the conference

        12       committee meetings and see where the money has

        13       to be cut and where we can restore various

        14       things depending upon the revenues that are

        15       available.

        16                  So I'm going to vote no on this

        17       resolution.  Thank you.

        18                  ACTING PRESIDENT VALESKY:    Thank

        19       you, Senator DeFrancisco.

        20                  The question is on the concurrent

        21       resolution.  The Secretary will call the roll.

        22                  (The Secretary called the roll.)

        23                  SENATOR MARCELLINO:

        24       Mr. President, to explain my vote.

        25                  ACTING PRESIDENT VALESKY:



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         1       Senator Marcellino, to explain his vote.

         2                  SENATOR MARCELLINO:    Yes,

         3       Mr. President, I will be supporting these

         4       resolutions.

         5                  But I would also like to add my

         6       voice to what Senator DeFrancisco said

         7       relative to the process of the conferences.

         8       Today is the 10th [sic]; by law, revenues

         9       should have been established, we should have a

        10       number to deal with so that we know what we're

        11       talking about relative to the budget.

        12       Conference committees should be set up.  I'm

        13       looking forward to them, willing to

        14       participate.  And I'm hoping that the process

        15       will be different this year than it was last

        16       year so that we can have a truly bipartisan

        17       budget and one that we can all get behind and

        18       vote for.

        19                  I don't see the process occurring.

        20       I think it's a mistake if we go forward and do

        21       the same mistake and make the same mistake we

        22       made last year.  This is a time we could do

        23       something different.  We should be focused on

        24       this budget.  We're not, apparently; other

        25       things are getting in the way.



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         1                  I urge that we get down to business

         2       and the business of the people, and that is

         3       doing a budget on time.

         4                  Thank you, Mr. President.  Again,

         5       aye on the resolution.

         6                  ACTING PRESIDENT VALESKY:

         7       Senator Marcellino to be recorded in the

         8       affirmative.

         9                  Senator Krueger, to explain her

        10       vote.

        11                  SENATOR LIZ KRUEGER:    Thank you.

        12       I rise to support this bill.

        13                  I don't disagree with my colleagues

        14       who are raising concerns about process and

        15       budget.  I have any number of recommendations

        16       I'm hoping that this house will support for

        17       change in the process of the budget.

        18                  But the fact is we have debt

        19       obligations, that we need to make sure the

        20       state is on time with completing its

        21       obligations to make sure that government

        22       continues, that we continue to show to the

        23       state, to the voters, and to the people who we

        24       have borrowed money from in the past that we

        25       are fully capable, prepared, and on time in



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         1       completing our obligations.

         2                  So I recommend a yes vote by all.

         3       Thank you.

         4                  ACTING PRESIDENT VALESKY:

         5       Senator Krueger to be recorded in the

         6       affirmative.

         7                  The Secretary will announce the

         8       results.

         9                  THE SECRETARY:    Those recorded in

        10       the negative are Senators Bonacic,

        11       DeFrancisco, Farley, O. Johnson, Lanza,

        12       Ranzenhofer, Robach, Saland and Winner.  Also

        13       Senator Libous.

        14                  Ayes, 49.  Nays, 10.

        15                  ACTING PRESIDENT VALESKY:    The

        16       resolution is adopted.

        17                  Senator Klein.

        18                  SENATOR KLEIN:    Mr. President, I

        19       believe Senator Smith has a resolution at the

        20       desk.  I ask that the title of the resolution

        21       be read and move for its immediate adoption.

        22                  ACTING PRESIDENT VALESKY:

        23       Senator Klein, has this resolution been deemed

        24       privileged and submitted by the office of the

        25       Temporary President?



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         1                  SENATOR KLEIN:    Yes, it has,

         2       Mr. President.

         3                  ACTING PRESIDENT VALESKY:    The

         4       Secretary will read.

         5                  THE SECRETARY:    By Senator Smith,

         6       concurrent resolution establishing a plan

         7       setting forth an itemized list of grantees for

         8       certain appropriations for the 2009-2010 state

         9       fiscal year, as required by subdivision 5 of

        10       Section 24 of the State Finance Law.

        11                  ACTING PRESIDENT VALESKY:

        12       Senator DeFrancisco, on the resolution.

        13                  SENATOR DeFRANCISCO:    Yes, I'm

        14       going to vote no for the same reasons that I

        15       stated in the last resolution.

        16                  But there's one other thing I'd

        17       like to add in response to what Senator

        18       Krueger mentioned, that she has many, many

        19       different ideas on how to reform the system.

        20                  You know, we've been using that

        21       term "reform" so very loosely, and it's almost

        22       a cure-all, the end-all and the cure-all for

        23       everything.  The fact of the matter is the

        24       budget system process was reformed.  A bill

        25       was passed requiring open committees to be



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         1       announced and scheduled 10 days after the

         2       Governor provided us his Executive Budget.

         3                  We haven't done that.  And we can't

         4       complain that it's the Governor fault because

         5       he's got all kinds of trouble and we've been

         6       distracted in some way.  It's the

         7       Legislature's responsibility to do this.

         8                  So we can ask for all the reform we

         9       want, but we reformed the system, it wasn't

        10       followed, the law was violated last year.

        11       Before we spend any more money, we've got to

        12       get the process going the way it should be

        13       going so a budget can be done in an open and

        14       fair manner.

        15                  I'm going to vote no on this.

        16                  ACTING PRESIDENT VALESKY:    Thank

        17       you, Senator DeFrancisco.

        18                  The question is on the concurrent

        19       resolution.  The Secretary will call the roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT VALESKY:

        22       Announce the results.

        23                  THE SECRETARY:    Those recorded in

        24       the negative are Senators Bonacic,

        25       DeFrancisco, Farley, O. Johnson, Lanza,



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         1       Libous, Little, Ranzenhofer, Robach, Saland

         2       and Winner.

         3                  Ayes, 48.  Nays, 11.

         4                  ACTING PRESIDENT VALESKY:    The

         5       resolution is adopted.

         6                  Senator Klein.

         7                  SENATOR KLEIN:    Mr. President, on

         8       behalf of Senator Hassell-Thompson, there will

         9       be an immediate conference of the Senate

        10       Majority in the Majority Conference Room.

        11                  Would you please recognize Senator

        12       Libous for his announcement.

        13                  ACTING PRESIDENT VALESKY:

        14       Senator Libous.

        15                  SENATOR LIBOUS:    Thank you,

        16       Mr. President.

        17                  On behalf of Senator Skelos, we

        18       hand up the following committee appointment to

        19       be filed.

        20                  And there will be an immediate

        21       Republican conference following session.

        22                  ACTING PRESIDENT VALESKY:

        23       Immediate conferences of the Majority and the

        24       Minority immediately following session.

        25                  Senator Klein.



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         1                  SENATOR KLEIN:    Mr. President, is

         2       there any further business at the desk?

         3                  ACTING PRESIDENT VALESKY:    The

         4       desk is clear.

         5                  SENATOR KLEIN:    There being none,

         6       Mr. President, I move that we adjourn until

         7       Thursday, March 4th, at 11:00 a.m.

         8                  ACTING PRESIDENT VALESKY:    On

         9       motion, the Senate stands adjourned until

        10       Thursday, March 4th, at 11:00 a.m.

        11                  (Whereupon, at 12:24 p.m., the

        12       Senate adjourned.)

        13

        14

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