Regular Session - March 29, 2010
1963
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 29, 2010
11 9:56 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR NEIL D. BRESLIN, Acting President
19 ANGELO J. APONTE, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.
1964
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: In the
9 absence of clergy, may we bow our heads for a
10 moment of silence.
11 (Whereupon, the assemblage
12 respected a moment of silence.)
13 ACTING PRESIDENT BRESLIN: The
14 reading of the Journal.
15 The Secretary will read.
16 THE SECRETARY: In Senate,
17 Sunday, March 28, the Senate met pursuant to
18 adjournment. The Journal of Saturday,
19 March 27, was read and approved. On motion,
20 Senate adjourned.
21 ACTING PRESIDENT BRESLIN:
22 Without objection, the Journal stands approved
23 as read.
24 Presentation of petitions.
25 Messages from the Assembly.
Candyco Transcription Service, Inc.
1965
1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Klein.
8 SENATOR KLEIN: Mr. President, on
9 behalf of Senator Stachowski, on page 13 I
10 offer the following amendments to Calendar
11 Number 244, Senate Print Number 6816A, and ask
12 that said bill retain its place on Third
13 Reading Calendar.
14 ACTING PRESIDENT BRESLIN: So
15 ordered.
16 Senator Klein.
17 SENATOR KLEIN: Mr. President,
18 are there any substitutions at the desk?
19 ACTING PRESIDENT BRESLIN: Yes,
20 there are, Senator Klein.
21 The Secretary will read.
22 THE SECRETARY: On page 19,
23 Senator Sampson moves to discharge, from the
24 Committee on Codes, Assembly Bill Number 7899A
25 and substitute it for the identical Senate
Candyco Transcription Service, Inc.
1966
1 Bill Number 3682A, Third Reading Calendar 299.
2 On page 19, Senator Sampson moves
3 to discharge, from the Committee on Judiciary,
4 Assembly Bill Number 8394 and substitute it
5 for the identical Senate Bill Number 3680A,
6 Third Reading Calendar 294.
7 And on page 19, Senator Montgomery
8 moves to discharge, from the Committee on
9 Codes, Assembly Bill Number 8418 and
10 substitute it for the identical Senate Bill
11 Number 5266, Third Reading Calendar 301.
12 ACTING PRESIDENT BRESLIN:
13 Substitutions ordered.
14 Senator Klein.
15 SENATOR KLEIN: Mr. President,
16 can you please recognize Senator Padavan for a
17 motion.
18 ACTING PRESIDENT BRESLIN:
19 Senator Padavan.
20 SENATOR PADAVAN: Thank you,
21 Mr. President.
22 On behalf of Senator Young, please
23 place a sponsor's star on Calendar Number 296.
24 ACTING PRESIDENT BRESLIN: So
25 ordered.
Candyco Transcription Service, Inc.
1967
1 SENATOR PADAVAN: Mr. President,
2 I move that the following bill be discharged
3 from its respective committee and be
4 recommitted with instructions to strike the
5 enacting clause. And that's Senate Bill 6462.
6 ACTING PRESIDENT BRESLIN: So
7 ordered.
8 Senator Klein.
9 SENATOR KLEIN: Mr. President,
10 there will be an immediate meeting of the
11 Finance Committee, followed by a meeting of
12 the Rules Committee, in the Majority
13 Conference Room, Room 332.
14 Pending the return of the Rules
15 Committee, may we please stand at ease.
16 ACTING PRESIDENT BRESLIN: There
17 will be an immediate meeting of the Finance
18 Committee in Room 332, and thereafter a
19 meeting of the Rules Committee.
20 Pending the return of those
21 committees, the Senate will stand at ease.
22 (Whereupon, the Senate stood at
23 ease at 10:19 a.m.)
24 (Whereupon, the Senate reconvened
25 at 10:40 a.m.)
Candyco Transcription Service, Inc.
1968
1 ACTING PRESIDENT BRESLIN:
2 Senator Klein.
3 SENATOR KLEIN: Mr. President, I
4 believe there's a report of the Rules
5 Committee at the desk.
6 ACTING PRESIDENT BRESLIN: There
7 is a report of the Rules Committee at the
8 desk.
9 The Secretary will read.
10 THE SECRETARY: Senator Smith,
11 from the Committee on Rules, reports the
12 following bills:
13 Senate Print 6611B, Senate Budget
14 Bill, enacts the deficiency budget for the
15 2009-2010 state fiscal year;
16 6612A, Senate Budget Bill, an act
17 to amend the Workers' Compensation Law and
18 Chapter 56 of the Laws of 2009;
19 7135, by Senator Squadron, an act
20 to amend the Real Property Tax Law and the
21 Administrative Code of the City of New York;
22 7262, by Senator C. Kruger, an act
23 to amend Part X2 of Chapter 62 of the Laws of
24 2003;
25 7276, by the Senate Committee on
Candyco Transcription Service, Inc.
1969
1 Rules, an act in relation to providing for the
2 administration of certain funds and accounts;
3 7277, by the Senate Committee on
4 Rules, an act making appropriations for the
5 support of government; and
6 Senate Print 6972A, by Senator
7 Savino, an act to provide temporary retirement
8 incentive.
9 All bills ordered direct to third
10 reading.
11 ACTING PRESIDENT BRESLIN:
12 Senator Klein.
13 SENATOR KLEIN: Mr. President, I
14 move that we adopt the Rules report at this
15 time.
16 ACTING PRESIDENT BRESLIN: All
17 those in favor of adopting the Senate Rules
18 Committee report please signify by saying aye.
19 (Response of "Aye.")
20 ACTING PRESIDENT BRESLIN:
21 Opposed, nay.
22 (No response.)
23 ACTING PRESIDENT BRESLIN: The
24 report of the Rules Committee is adopted.
25 Senator Klein.
Candyco Transcription Service, Inc.
1970
1 SENATOR KLEIN: Mr. President, at
2 this time can we please move to a reading of
3 the calendar.
4 ACTING PRESIDENT BRESLIN: The
5 Secretary will read.
6 THE SECRETARY: In relation to
7 Calendar Number 216, Senator C. Johnson moves
8 to discharge, from the Committee on
9 Investigations and Government Operations,
10 Assembly Bill Number 10096 and substitute it
11 for the identical Senate Bill Number 6944,
12 Calendar Number 216.
13 ACTING PRESIDENT BRESLIN:
14 Substitution ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 216, by Member of the Assembly Farrell,
18 Assembly Bill Number 10096, an act to amend
19 the Tax Law and the Administrative Code of the
20 City of New York.
21 ACTING PRESIDENT BRESLIN: Read
22 the last section.
23 THE SECRETARY: Section 5. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BRESLIN: Call
Candyco Transcription Service, Inc.
1971
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BRESLIN:
4 Announce the results.
5 THE SECRETARY: Those recorded in
6 the negative on Calendar Number 216 are
7 Senators Leibell, Maziarz, Montgomery and
8 Ranzenhofer.
9 Ayes, 56. Nays, 4.
10 ACTING PRESIDENT BRESLIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 268, by Member of the Assembly --
14 SENATOR KLEIN: Lay the bill
15 aside for the day.
16 ACTING PRESIDENT BRESLIN: The
17 bill is laid aside for the day.
18 THE SECRETARY: Calendar Number
19 278, by Senator Oppenheimer --
20 SENATOR KLEIN: Lay the bill
21 aside for the day.
22 THE SECRETARY: The bill is laid
23 aside for the day.
24 Senator Klein, that completes the
25 reading of the noncontroversial calendar.
Candyco Transcription Service, Inc.
1972
1 SENATOR KLEIN: Mr. President, at
2 this time can we now have a reading of
3 Supplemental Calendar 29A.
4 ACTING PRESIDENT BRESLIN: The
5 Secretary will read.
6 THE SECRETARY: In relation to
7 Calendar Number 319, Senator C. Kruger moves
8 to discharge, from the Committee on Finance,
9 Assembly Bill Number 9711B and substitute it
10 for the identical Senate Bill Number 6611B,
11 Third Reading Calendar 319.
12 ACTING PRESIDENT BRESLIN:
13 Substitution ordered.
14 SENATOR HANNON: Mr. President.
15 SENATOR LIBOUS: Excuse me,
16 Mr. President, could you identify, what
17 calendar are we on? The supplemental
18 calendar? I believe the supplemental
19 calendar. And is it 319?
20 ACTING PRESIDENT BRESLIN: We're
21 on Supplemental Calendar 29A, Senator Libous.
22 SENATOR KLEIN: Actually, it's
23 30A.
24 ACTING PRESIDENT BRESLIN:
25 Calendar 30A, excuse me.
Candyco Transcription Service, Inc.
1973
1 Thank you, Senator Libous.
2 SENATOR LIBOUS: Thank you.
3 ACTING PRESIDENT BRESLIN:
4 Senator Hannon.
5 SENATOR HANNON: No, my point
6 that this is Calendar 30A, not 29A, is the
7 point I wanted to make.
8 ACTING PRESIDENT BRESLIN: Let
9 the record reflect that it is Calendar 30A.
10 SENATOR HANNON: Thank you.
11 ACTING PRESIDENT BRESLIN: Thank
12 you, Senator Hannon.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 319, Assembly Budget Bill, Assembly Print
16 9711B, an act to amend Chapters 53, 54 and 55
17 of the Laws of 2009 enacting the Education,
18 Labor and Family Assistance Budget.
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:
24 Senator Klein.
25 SENATOR KLEIN: Mr. President, is
Candyco Transcription Service, Inc.
1974
1 there a message of appropriation at the desk?
2 ACTING PRESIDENT BRESLIN: Yes,
3 there is, Senator Klein.
4 SENATOR KLEIN: Mr. President, I
5 move to accept the message of appropriation.
6 ACTING PRESIDENT BRESLIN: All
7 those in favor of accepting the message of
8 appropriation please signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT BRESLIN:
11 Opposed, nay.
12 (No response.)
13 ACTING PRESIDENT BRESLIN: The
14 message is accepted.
15 Read the last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BRESLIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BRESLIN:
22 Announce the results.
23 THE SECRETARY: Those recorded in
24 the negative on Calendar Number 319 are
25 Senators Griffo, Marcellino, Ranzenhofer and
Candyco Transcription Service, Inc.
1975
1 Skelos.
2 Ayes, 56. Nays, 4.
3 ACTING PRESIDENT BRESLIN: The
4 bill is passed.
5 THE SECRETARY: In relation to
6 Calendar Number 320, Senator C. Kruger moves
7 to discharge, from the Committee on Finance,
8 Assembly Bill Number 9712A and substitute it
9 for the identical Senate Bill Number 6612A,
10 Third Reading Calendar 320.
11 ACTING PRESIDENT BRESLIN:
12 Substitution ordered.
13 THE SECRETARY: Calendar Number
14 320, Assembly Budget Bill, Assembly Print
15 Number 9712A, an act to amend the Workers'
16 Compensation Law and Chapter 56 of the Laws of
17 2009 relating to providing.
18 ACTING PRESIDENT BRESLIN: Read
19 the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BRESLIN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BRESLIN:
Candyco Transcription Service, Inc.
1976
1 Announce the results.
2 THE SECRETARY: Those recorded in
3 the negative on Calendar Number 320 are
4 Senators Alesi, DeFrancisco, Farley, Flanagan,
5 Fuschillo, Golden, Griffo, Hannon, O. Johnson,
6 Lanza, Larkin, LaValle, Leibell, Libous,
7 Little, Marcellino, Maziarz, McDonald,
8 Nozzolio, Padavan, Ranzenhofer, Robach,
9 Saland, Seward, Skelos, Volker, Winner and
10 Young.
11 Ayes, 32. Nays, 28.
12 ACTING PRESIDENT BRESLIN: The
13 bill is passed.
14 The Secretary will continue to
15 read.
16 THE SECRETARY: In relation to
17 Calendar Number 321, Senator Squadron moves to
18 discharge, from the Committee on Rules,
19 Assembly Bill Number 10241 and substitute it
20 for the identical Senate Bill Number 7135,
21 Third Reading Calendar 321.
22 ACTING PRESIDENT BRESLIN:
23 Substitution ordered.
24 THE SECRETARY: Calendar Number
25 321, by Member of the Assembly Silver,
Candyco Transcription Service, Inc.
1977
1 Assembly Print Number 10241, an act to amend
2 the Real Property Tax Law and the
3 Administrative Code of the City of New York.
4 ACTING PRESIDENT BRESLIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BRESLIN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BRESLIN:
12 Announce the results.
13 THE SECRETARY: Those recorded in
14 the negative on Calendar Number 321 are
15 Senators Maziarz, Ranzenhofer, Robach and
16 Volker. Also Senator Alesi.
17 Ayes, 55. Nays, 5.
18 ACTING PRESIDENT BRESLIN: The
19 bill is passed.
20 THE SECRETARY: In relation to
21 Calendar Number 322, Senator C. Kruger moves
22 to discharge, from the Committee on Finance,
23 Assembly Bill Number 10407 and substitute it
24 for the identical Senate Bill Number 7262,
25 Third Reading Calendar 322.
Candyco Transcription Service, Inc.
1978
1 ACTING PRESIDENT BRESLIN:
2 Substitution ordered.
3 THE SECRETARY: Calendar Number
4 322, by Member of the Assembly Gottfried,
5 Assembly Print Number 10407, an act to amend
6 Part X2 of Chapter 62 of the Laws of 2003,
7 amending the Public Health Law.
8 ACTING PRESIDENT BRESLIN: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
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, 60.
18 ACTING PRESIDENT BRESLIN: The
19 bill is passed.
20 THE SECRETARY: In relation to
21 Calendar Number 323, Senator Kruger moves to
22 discharge, from the Committee on Finance,
23 Assembly Bill Number 10468 and substitute it
24 for the identical Senate Bill Number 7276,
25 Third Reading Calendar 323.
Candyco Transcription Service, Inc.
1979
1 ACTING PRESIDENT BRESLIN:
2 Substitution ordered.
3 Senator Klein.
4 SENATOR KLEIN: Mr. President, is
5 there a message of appropriation at the desk?
6 ACTING PRESIDENT BRESLIN: Yes,
7 there is, Senator Klein.
8 SENATOR KLEIN: Mr. President, I
9 move to accept the message of appropriation.
10 ACTING PRESIDENT BRESLIN: All
11 those in favor of accepting the message of
12 appropriation please signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT BRESLIN:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT BRESLIN: The
18 message of appropriation is accepted.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 323, by the Assembly Committee on Rules,
22 Assembly Print Number 10468, an act in
23 relation to providing for the administration
24 of certain funds and accounts.
25 ACTING PRESIDENT BRESLIN: Read
Candyco Transcription Service, Inc.
1980
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
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: Those recorded in
10 the negative on Calendar Number 323 are
11 Senators Flanagan, Griffo, Larkin, Leibell,
12 Marcellino, Ranzenhofer, and Seward.
13 Ayes, 53. Nays, 7.
14 ACTING PRESIDENT BRESLIN: The
15 bill is passed.
16 THE SECRETARY: In relation to
17 Calendar Number 324, Senator C. Kruger moves
18 to discharge, from the Committee on Finance,
19 Assembly Bill Number 10469 and substitute it
20 for the identical Senate Bill Number 7277,
21 Third Reading Calendar 324.
22 ACTING PRESIDENT BRESLIN:
23 Substitution ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc.
1981
1 324, by the Assembly Committee on Rules,
2 Assembly Print Number 10469, an act making
3 appropriations for the support of government.
4 ACTING PRESIDENT BRESLIN:
5 Senator Klein.
6 SENATOR KLEIN: Mr. President, is
7 there a message of appropriation at the desk?
8 ACTING PRESIDENT BRESLIN: Yes,
9 there is, Senator Klein.
10 SENATOR KLEIN: Mr. President, I
11 move to accept the message of appropriation.
12 ACTING PRESIDENT BRESLIN: All
13 those in favor of accepting the message of
14 appropriation please signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT BRESLIN:
17 Opposed, nay.
18 (No response.)
19 ACTING PRESIDENT BRESLIN: The
20 message of appropriation is accepted.
21 Read the last section.
22 THE SECRETARY: Section 17. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BRESLIN: Call
25 the roll.
Candyco Transcription Service, Inc.
1982
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BRESLIN:
3 Senator Griffo, to explain his vote.
4 SENATOR GRIFFO: Thank you,
5 Mr. President.
6 Last January, when I saw the
7 legislative calendar and I saw the holidays
8 listed, I knew that this would be cover
9 because we had a budget deadline looming. And
10 this concerns me because there's an erosion of
11 confidence because words don't seem to mean
12 anything. Deadlines need to be abided by and
13 met.
14 And when I read the Governor had
15 said over the weekend in the Associated Press
16 that there was no meaningful discussions or
17 conversations, this gives the impression that
18 it's a charade.
19 And there's still several days left
20 to get this budget done, mindful of the
21 holidays. I just think it's unacceptable and
22 that we should continue to work and strive to
23 meeting the objective and the responsibility
24 that is entrusted in us.
25 So for that reason I vote no.
Candyco Transcription Service, Inc.
1983
1 ACTING PRESIDENT BRESLIN:
2 Senator Griffo will be recorded in the
3 negative.
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar Number 324, those recorded in the
7 negative are Senators Flanagan, Griffo,
8 Larkin, Marcellino, Ranzenhofer and Seward.
9 Ayes, 54. Nays, 6.
10 ACTING PRESIDENT BRESLIN: The
11 bill is passed.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 325, by Senator Savino, Senate Print 6972A, an
15 act to provide temporary retirement incentive.
16 ACTING PRESIDENT BRESLIN: Read
17 the last section.
18 THE SECRETARY: Section 8. 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 Senator Savino, to explain her vote.
25 SENATOR SAVINO: Thank you,
Candyco Transcription Service, Inc.
1984
1 Mr. President.
2 This bill is an effort by the
3 Legislature to comply with the Tier 5
4 legislation that was enacted by this house and
5 the Assembly on December 2nd and signed into
6 law.
7 In the bill that was voted on by
8 every member of this house, with the exception
9 of Senator Thompson, in Part B of the
10 legislation, Section 15, it says clearly here
11 the legislative intent: "The Legislature
12 hereby finds and declares its intent, in
13 addition to the retirement benefit changes
14 provided for in this act, to enact legislation
15 in conjunction with the Executive which would
16 offer a three-month period during calendar
17 year 2010 during which members of the
18 collective bargaining unit of the New York
19 State United Teachers within the New York
20 State Teachers' Retirement System and the
21 New York State and Local Retirement System who
22 have reached 55 years of age and have
23 accumulated 25 years of service as a member of
24 either such retirement system may retire
25 without penalty."
Candyco Transcription Service, Inc.
1985
1 That was voted on by 61 members of
2 this house. The bill that we are passing
3 today is the completion of that legislative
4 intent that we all adopted on December 2nd.
5 And I am voting aye on this bill,
6 Mr. President.
7 ACTING PRESIDENT BRESLIN:
8 Senator Savino will be recorded in the
9 affirmative.
10 Announce the results.
11 THE SECRETARY: Those recorded in
12 the negative on Calendar Number 325 are
13 Senators DeFrancisco, Flanagan, Fuschillo,
14 Golden, C. Johnson, Klein, Lanza, Leibell,
15 Ranzenhofer, Saland and Skelos.
16 Ayes, 49. Nays, 11.
17 ACTING PRESIDENT BRESLIN: The
18 bill is passed.
19 Senator Klein, that completes the
20 reading of the noncontroversial supplemental
21 calendar.
22 SENATOR KLEIN: Mr. President, is
23 there any further business at the desk?
24 ACTING PRESIDENT BRESLIN:
25 Senator Klein, the desk is clear.
Candyco Transcription Service, Inc.
1986
1 SENATOR KLEIN: There being no
2 further business, Mr. President, I move that
3 we adjourn at the call of the Temporary
4 President, intervening days to be legislative
5 days.
6 ACTING PRESIDENT BRESLIN: There
7 being no further business to come before the
8 Senate, on motion, the Senate stands adjourned
9 at the call of the Temporary President,
10 intervening days being legislative days.
11 (Whereupon, at 10:40 a.m., the
12 Senate adjourned.)
13
14
15
16
17
18
19
20
21
22
23
24
25
Candyco Transcription Service, Inc.