Regular Session - May 5, 2010

                                                            3388



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                      May 5, 2010

        11                      11:27 a.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR CRAIG M. JOHNSON, 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 JOHNSON:    The

         3       Senate will please come to order.

         4                  I ask everyone present to rise and

         5       recite with me the Pledge of Allegiance to our

         6       Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT JOHNSON:    In the

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

        11       a moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT JOHNSON:    The

        15       reading of the Journal.

        16                  The Secretary will read.

        17                  THE SECRETARY:    In Senate,

        18       Tuesday, May 4, the Senate met pursuant to

        19       adjournment.  The Journal of Monday, May 3,

        20       was read and approved.  On motion, Senate

        21       adjourned.

        22                  ACTING PRESIDENT JOHNSON:

        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 Diaz, I move that the

        11       following bills be discharged from their

        12       respective committees and be recommitted with

        13       instructions to strike the enacting clause:

        14       Senate Numbers 2181A, 2182A.

        15                  ACTING PRESIDENT JOHNSON:    So

        16       ordered.

        17                  SENATOR KLEIN:    Mr. President, on

        18       behalf of Senator Craig Johnson, on page

        19       number 14 I offer the following amendments to

        20       Calendar Number 215, Senate Print Number 6444,

        21       and ask that said bill retain its place on

        22       Third Reading Calendar.

        23                  ACTING PRESIDENT JOHNSON:    So

        24       ordered.

        25                  SENATOR KLEIN:    On behalf of



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         1       Senator Sampson, on page number 25 I offer the

         2       following amendments to Calendar Number 439,

         3       Senate Print Number 7466A, and ask that said

         4       bill retain its place on Third Reading

         5       Calendar.

         6                  ACTING PRESIDENT JOHNSON:    So

         7       ordered.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Mr. President, I

        10       believe there are substitutions at the desk.

        11       I ask that we make the substitutions at this

        12       time.

        13                  ACTING PRESIDENT JOHNSON:    The

        14       Secretary will read.

        15                  THE SECRETARY:    On page 28,

        16       Senator LaValle moves to discharge, from the

        17       Committee on Local Government, Assembly Bill

        18       Number 9766A and substitute it for the

        19       identical Senate Bill Number 6702A, Third

        20       Reading Calendar 465.

        21                  On page 28, Senator C. Johnson

        22       moves to discharge, from the Committee on

        23       Local Government, Assembly Bill Number 9992

        24       and substitute it for the identical Senate

        25       Bill Number 6945, Third Reading Calendar 466.



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         1                  On page 28, Senator Farley moves to

         2       discharge, from the Committee on Local

         3       Government, Assembly Bill Number 10164 and

         4       substitute it for the identical Senate Bill

         5       Number 7037, Third Reading Calendar 467.

         6                  And on page 69, Senator C. Johnson

         7       moves to discharge, from the Committee on

         8       Cultural Affairs, Tourism, Parks and

         9       Recreation, Assembly Bill Number 7885A and

        10       substitute it for the identical Senate Bill

        11       Number 7389, Third Reading Calendar 474.

        12                  ACTING PRESIDENT JOHNSON:

        13       Substitutions so ordered.

        14                  Senator Klein.

        15                  SENATOR KLEIN:    Mr. President,

        16       could you please recognize Senator Volker.

        17                  ACTING PRESIDENT JOHNSON:    Of

        18       course.

        19                  Senator Volker.

        20                  SENATOR VOLKER:    Mr. President,

        21       I'd like to star my bill on page 10, Calendar

        22       Number 128, Senate Print 5772, please.

        23                  ACTING PRESIDENT JOHNSON:    So

        24       ordered.

        25                  Senator Klein.



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         1                  SENATOR KLEIN:    Mr. President, I

         2       believe there's a resolution at the desk by

         3       Senator Aubertine.  I ask that the title of

         4       the resolution be read and move for its

         5       immediate adoption, and I believe Senator

         6       Aubertine wants to speak on his resolution.

         7                  ACTING PRESIDENT JOHNSON:

         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 JOHNSON:    The

        14       Secretary will read.

        15                  THE SECRETARY:    By Senators

        16       Aubertine and Diaz, legislative resolution

        17       honoring Dorothy J. Austin upon the occasion

        18       of her designation as recipient of the 2010

        19       New York State Senior Citizen of the Year

        20       Award.

        21                  ACTING PRESIDENT JOHNSON:

        22       Senator Aubertine.

        23                  SENATOR AUBERTINE:    Thank you,

        24       Mr. President.

        25                  It's certainly a privilege to



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         1       welcome Dorothy and her husband Bob here

         2       today, both good friends of mine from

         3       Jefferson County, from the Watertown area.

         4                  Dorothy is certainly a shining

         5       example to her community.  Dorothy and Bob

         6       moved to Jefferson County in 1958, and they've

         7       really made their mark on the community, they

         8       truly have.

         9                  Dorothy is a cancer survivor and a

        10       person of deep faith.  She is well known to

        11       never shy away from an opportunity to help a

        12       neighbor.  And in that endeavor, the list of

        13       friends that she has in Jefferson County and

        14       around New York State grows every day.

        15                  As president of the Glen Park

        16       Brownville Seniors for five years now, making

        17       new friends and helping people in the work she

        18       does to organize and promote events, Dorothy

        19       helps on events such as the Senior Health Fair

        20       that my office sponsors with the Office of the

        21       Aging and also helps with the Annual Senior

        22       Picnic.

        23                  Every Sunday she visits a nursing

        24       home in Watertown, the Samaritan Keep Home,

        25       visits seniors, and brings a smile to their



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         1       face wherever she goes.

         2                  It's truly an honor for all of us

         3       to have her and Bob here with us today.  And I

         4       certainly want to recognize her as the Senior

         5       Citizen of the Year for 2010.

         6                  Thank you very much, Dorothy, and

         7       thank you, Bob.

         8                  (Applause.)

         9                  ACTING PRESIDENT JOHNSON:    Are

        10       there any other Senators that wish to be heard

        11       on this resolution?

        12                  The question is on the resolution.

        13       All those in favor please signify by saying

        14       aye.

        15                  (Response of "Aye.")

        16                  ACTING PRESIDENT JOHNSON:

        17       Opposed, nay.

        18                  (No response.)

        19                  ACTING PRESIDENT JOHNSON:    The

        20       resolution is adopted.

        21                  Senator Aubertine has indicated

        22       that he would like to open up the resolution

        23       to the entire house for cosponsorship.  Any

        24       Senator wishing to not be on the resolution

        25       please notify the desk.



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         1                  Senator Klein.

         2                  SENATOR KLEIN:    Mr. President, I

         3       believe there's a resolution at the desk by

         4       Senator Dilan.  I ask that the title of the

         5       resolution be read and move for its immediate

         6       adoption.

         7                  ACTING PRESIDENT JOHNSON:

         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 JOHNSON:    The

        14       Secretary will read.

        15                  THE SECRETARY:    By Senator Dilan,

        16       legislative resolution recognizing National

        17       Train Day and the many benefits the railroad

        18       brings to our state and nation.

        19                  ACTING PRESIDENT JOHNSON:    Are

        20       there any Senators that wish to be heard on

        21       the resolution?

        22                  The question is on the resolution.

        23       All those in favor please signify by saying

        24       aye.

        25                  (Response of "Aye.")



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         1                  ACTING PRESIDENT JOHNSON:

         2       Opposed, nay.

         3                  (No response.)

         4                  ACTING PRESIDENT JOHNSON:    The

         5       resolution is adopted.

         6                  Senator Dilan has indicated that he

         7       would like to open up the resolution to the

         8       entire house for cosponsorship.  Any Senator

         9       wishing to not be on the resolution please

        10       notify the desk.

        11                  Senator Klein.

        12                  SENATOR KLEIN:    Mr. President, I

        13       believe there's a resolution at the desk by

        14       Senator Saland.  I ask that the title of the

        15       resolution be read and move for its immediate

        16       adoption.

        17                  ACTING PRESIDENT JOHNSON:

        18       Senator Klein, has this resolution been deemed

        19       privileged and submitted by the office of the

        20       Temporary President?

        21                  SENATOR KLEIN:    Yes, it has,

        22       Mr. President.

        23                  ACTING PRESIDENT JOHNSON:    The

        24       Secretary will read.

        25                  THE SECRETARY:    By Senator



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         1       Saland, legislative resolution honoring

         2       Dr. Dennis J. Murray upon the occasion of his

         3       designation for special recognition by

         4       The Exchange Club of Southern Dutchess on

         5       May 11, 2010.

         6                  ACTING PRESIDENT JOHNSON:    The

         7       question is on the resolution.  All those in

         8       favor please signify by saying aye.

         9                  (Response of "Aye.")

        10                  ACTING PRESIDENT JOHNSON:

        11       Opposed, nay.

        12                  (No response.)

        13                  ACTING PRESIDENT JOHNSON:    The

        14       resolution is adopted.

        15                  Senator Klein.

        16                  SENATOR KLEIN:    Mr. President, I

        17       believe there's a resolution by Senator

        18       Marcellino at the desk.  I ask that the title

        19       of the resolution be read and move for its

        20       immediate adoption.

        21                  ACTING PRESIDENT JOHNSON:

        22       Senator Klein, has this resolution been deemed

        23       privileged and submitted by the office of the

        24       Temporary President?

        25                  SENATOR KLEIN:    Yes, it has,



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         1       Mr. President.

         2                  ACTING PRESIDENT JOHNSON:    The

         3       Secretary will read.

         4                  THE SECRETARY:    By Senator

         5       Marcellino, legislative resolution honoring

         6       Dr. James A. Feltman upon the occasion of his

         7       retirement as superintendent of schools for

         8       the Commack School District.

         9                  ACTING PRESIDENT JOHNSON:    The

        10       question is on the resolution.  All those in

        11       favor please signify by saying aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT JOHNSON:

        14       Opposed, nay.

        15                  (No response.)

        16                  ACTING PRESIDENT JOHNSON:    The

        17       resolution is adopted.

        18                  Senator Klein.

        19                  SENATOR KLEIN:    Mr. President, at

        20       this time I move to recall Senate Resolution

        21       Number 4989, by Senator Griffo, which was

        22       previously adopted by this house on May 4th.

        23       I ask that the resolution be read in its

        24       entirety and that Senator Griffo be given an

        25       opportunity to speak on his resolution.



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         1                  ACTING PRESIDENT JOHNSON:    The

         2       Secretary will read.

         3                  THE SECRETARY:    By Senator

         4       Griffo, Legislative Resolution Number 4989,

         5       congratulating the New Hartford Spartans upon

         6       the occasion of capturing the Division II

         7       New York State Public High School Athletic

         8       Association Hockey Championship.

         9                  "WHEREAS, Excellence and success in

        10       competitive sports can be achieved only

        11       through strenuous practice, team play and team

        12       spirit, nurtured by dedicated coaching and

        13       strategic planning; and

        14                  "WHEREAS, Athletic competition

        15       enhances the moral and physical development of

        16       the young people of this state, preparing them

        17       for the future by instilling in them the value

        18       of teamwork, encouraging a standard of healthy

        19       living, imparting a desire for success, and

        20       developing a sense of fair play and

        21       competition; and

        22                  "WHEREAS, On Sunday, March 14,

        23       2010, the Spartans of New Hartford High School

        24       captured their second straight Division II

        25       New York State Public High School Athletic



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         1       Association Hockey Championship by defeating

         2       Queensbury 5-2 at the Utica Memorial

         3       Auditorium.  New Hartford is the first

         4       Division II team to win back-to-back New York

         5       State titles since 2005-2006; and

         6                  "WHEREAS, The New Hartford Spartans

         7       advanced through the finals of the New York

         8       State Hockey Championship with a 6-0 shutout

         9       over Plattsburgh of Section VII in the

        10       semifinals.  Earlier, New Hartford defeated

        11       Rome Free Academy 7-3 in the Section III

        12       Division II semifinals before claiming the

        13       sectional title over Cazenovia in a 3-2

        14       overtime win; and

        15                  "WHEREAS, One of the most respected

        16       hockey programs in New York State, the

        17       New Hartford Spartans compiled an outstanding

        18       21-4-1 record during the 2009-2010 season.  In

        19       addition to winning the Division II New York

        20       State title, the Spartans repeated as League

        21       and Section III champions, and recorded a

        22       signature win for the program over top-ranked

        23       Section V powerhouse Webster Thomas in a

        24       memorial 5-4 triple overtime win in the

        25       regional final; and



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         1                  "WHEREAS, The athletic talent

         2       displayed by this team is due in great part to

         3       the efforts of Head Coach John Cunningham and

         4       his talented assistant coaches, Carson

         5       Cunningham and Jerry Malloy, skilled and

         6       inspirational mentors, respected for their

         7       ability to develop potential into excellence.

         8       They have done a superb job in guiding,

         9       molding and inspiring the 2009-2010

        10       New Hartford High School Hockey Team members

        11       toward their goals; and

        12                  "WHEREAS, In 2009-2010, Head Coach

        13       John Cunningham was named the

        14       Observer-Dispatch All-Mohawk Valley Ice Hockey

        15       Coach of the Year.  During the season, Coach

        16       Cunningham recorded his 300th career coaching

        17       victory.  In his 20 seasons as New Hartford's

        18       head coach, his record is an outstanding

        19       303-149-23; and

        20                  "WHEREAS, In addition to being

        21       named the All-Mohawk Valley Ice Hockey Coach

        22       of the Year, Coach John Cunningham was honored

        23       as the 2009-2010 New York State Division II

        24       Coach of the Year.  During his coaching

        25       tenure, his teams have won three state



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         1       championships and five Section III titles; and

         2                  "WHEREAS, The 2009-2010 New

         3       Hartford High School Ice Hockey Team's overall

         4       record is outstanding, and the team members

         5       were loyally and enthusiastically supported by

         6       family, fans, friends and the community at

         7       large; and

         8                  "WHEREAS, The hallmarks of the

         9       2009-2010 New Hartford High School Hockey

        10       Team, from the opening game of the season to

        11       its participation in league play and in the

        12       New York State Public High School Athletic

        13       Association Championship Tournaments, were a

        14       brotherhood of athletic ability, of good

        15       sportsmanship, of honor and of scholarship,

        16       demonstrating that these team players are

        17       second to none; and

        18                  "WHEREAS, Athletically and

        19       academically, the team members have proven

        20       themselves to be an unbeatable combination of

        21       talents, reflecting favorably on their school

        22       and community; and

        23                  "WHEREAS, Sports competition

        24       instills the values of teamwork, pride and

        25       accomplishment, and Head Coach John



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         1       Cunningham, his coaching staff, and the

         2       2009-2010 New Hartford High School Hockey

         3       Team's outstanding athletes have clearly made

         4       a contribution to the spirit of excellence

         5       which is a tradition of their school; now,

         6       therefore, be it

         7                  "RESOLVED, That this Legislative

         8       Body pause in its deliberations to

         9       congratulate the 2009-2010 New Hartford High

        10       School Hockey Team, its members -- Joseph

        11       Betar, Michael Critelli, Peter Davidson,

        12       Nicholas Decrisci, Eric Fitzgerald, Jason

        13       Fitzgerald, Alexander Fukes, Joseph Holmes,

        14       Timothy Knaul, Tyler Kraft, Spencer Landry,

        15       Christopher Luker, Kristofer Martinelli,

        16       Nicholas Mercurio, Greyden Nimey, Thomas

        17       Nitti, Michael Rich, Daniel Sheets, Conrad

        18       Stafford, Nicholas Suits, Giovanni Vitagliano,

        19       and Clayton Whitemore -- Head Coach John

        20       Cunningham, and Assistant Coaches Carson

        21       Cunningham and Jerry Malloy, on their

        22       Division II New York State Public High School

        23       Athletic Association Hockey Championship,

        24       their League and Section III championships,

        25       and their outstanding season and overall team



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         1       record; and be it further

         2                  "RESOLVED, That copies of this

         3       resolution, suitably engrossed, be transmitted

         4       to the members and coaching staff of the

         5       2009-2010 New Hartford High School Hockey

         6       Team."

         7                  ACTING PRESIDENT JOHNSON:

         8       Senator Griffo.

         9                  SENATOR GRIFFO:    Thank you,

        10       Mr. President.

        11                  I want to extend a warm welcome to

        12       the members of the New York State Division II

        13       champions of ice hockey.  It's great to have

        14       you here in this chamber.  I want to also

        15       congratulate Head Coach John Cunningham on his

        16       award and his assistant coaches, Carson

        17       Cunningham and also to Coach Jerry Malloy,

        18       Director of Athletics Peter Alvanos I believe

        19       is up there, and Superintendent of Schools Bob

        20       Nole.

        21                  This is truly a remarkable bunch of

        22       young men.  They're a credit to their

        23       community.  They did something this year that

        24       I think was very important, not so much

        25       because they won two years ago in a row --



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         1       which anybody who understands how difficult

         2       that is in athletic competition -- but more

         3       importantly because they came together as a

         4       team and they learned many things working

         5       together as a team in order to achieve

         6       success.  That is that they really epitomized

         7       what we all believe is so important in this

         8       state and in our nation, hard work, extending

         9       effort, working together cooperatively,

        10       setting goals and objectives and then meeting

        11       those.

        12                  So for that hard work, for all that

        13       energy that you put forth, for that commitment

        14       to excellence that you made even after you

        15       lost the first game this year, knowing how

        16       difficult it was going to be to repeat, I

        17       think that is so important.

        18                  So we really admire not so much

        19       that you had to overcome this difficult

        20       challenge of winning a second state

        21       championship, but in the way that you did

        22       that, in coming together under the talented

        23       coaches that you have -- they inspired you,

        24       they motivated you, and as a result of your

        25       dedication and as a result of your commitment,



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         1       you achieved tremendous success.

         2                  I hope that will serve as an

         3       inspiration to other young players and

         4       community members as you go forward so that

         5       they also understand that in athletic

         6       competition there's a lot more that comes

         7       together in principles and ideals that we all

         8       represent if we're going to succeed in life.

         9                  And I also want to compliment all

        10       of you for the way you conducted yourselves.

        11       You were exemplary citizen citizens, too, of

        12       our community, and you went across this entire

        13       state.  So that is so important too, because

        14       you were someone who was respectful and

        15       someone who was willing to show the best of

        16       what our community represented.

        17                  So to Coach Cunningham and to

        18       Superintendent Nole, to the assistant coaches,

        19       all the players, the fans and the community --

        20       it must have been nice, because you're in the

        21       Capital District, to beat Queensbury.  Right,

        22       Senator Little?  Senator Little represents

        23       Queensbury.  So it's great that we were able

        24       to win the state championship by beating

        25       Queensbury.



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         1                  So I want to congratulate each and

         2       every one of you, thank you for being here

         3       today, and offer to this body the Division II

         4       state champions.  And I'm going to borrow from

         5       another individual who's a hoopster but who

         6       grew up in the Rome area and also went to

         7       school here in the Schenectady area, and

         8       that's basketball coach Riley, who said "Let's

         9       three-peat next year."

        10                  So congratulations.  I present to

        11       you the New Hartford Ice Hockey Spartans, and

        12       state champions.

        13                  (Applause.)

        14                  ACTING PRESIDENT JOHNSON:

        15       Senator Little.

        16                  SENATOR LITTLE:    Thank you,

        17       Mr. President.

        18                  I would like to join Senator Griffo

        19       in congratulating the New Hartford Boys Hockey

        20       Team on a tremendous season.  And I know you

        21       are an extremely skilled, good team for having

        22       beat Queensbury Boys Hockey.

        23                  But it was a great competition.

        24       And although I was not at that game, I know

        25       how good Queensbury was.  It's not only in my



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         1       district, it's the school two of my children

         2       graduated from.

         3                  But congratulations.  That's

         4       tremendous to be able to do something two

         5       years in a row.  And you can see what fine

         6       young men you are, with great coaches.

         7                  Thank you.

         8                  ACTING PRESIDENT JOHNSON:    Are

         9       there any other Senators that wish to be heard

        10       on the resolution?

        11                  This resolution was unanimously

        12       adopted on May 4th.

        13                  Senator Klein.

        14                  SENATOR KLEIN:    Mr. President, at

        15       this time I move to recall Senate Resolution

        16       Number 5023, by Senator Peralta, which was

        17       previously adopted by this house on May 4th,

        18       and ask that the resolution be read in its

        19       entirety.

        20                  ACTING PRESIDENT JOHNSON:    The

        21       Secretary will read.

        22                  THE SECRETARY:    By Senator

        23       Peralta, Legislative Resolution Number 5023,

        24       commemorating the celebration of Cinco de

        25       Mayo, May 5, 2010.



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         1                  "WHEREAS, It is the sense of this

         2       Legislative Body, in keeping with its

         3       time-honored traditions, to recognize and pay

         4       tribute to those events which foster ethnic

         5       pride and enhance the profile of the cultural

         6       diversity which strengthens the fabric of the

         7       communities of New York State; and

         8                  "WHEREAS, Attendant to such

         9       concern, and in full accord with its

        10       long-standing traditions, this Legislative

        11       Body is justly proud to commemorate the

        12       celebration of Cinco de Mayo, May 5, 2010; and

        13                  "WHEREAS, Cinco de Mayo is a date

        14       of importance for the Mexican and Chicano

        15       communities.  It marks the victory of the

        16       Mexican army over the French at the Battle of

        17       Puebla; and

        18                  "WHEREAS, The 'Batalla de Puebla'

        19       came to represent a symbol of Mexican unity

        20       and patriotism.  With this victory, Mexico

        21       demonstrated to the world that Mexico and all

        22       of Latin America were willing to defend

        23       themselves from any foreign intervention,

        24       especially those from imperialist states bent

        25       on world conquest; and



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         1                  "WHEREAS, Cinco de Mayo's has its

         2       roots in French occupation of Mexico; and

         3                  "WHEREAS, On July 17, 1861,

         4       President Benito Juarez issued a moratorium in

         5       which all foreign debt payments would be

         6       suspended for a brief period of two years,

         7       with the promise that after this period

         8       payments would resume; and

         9                  "WHEREAS, The English, Spanish and

        10       French refused to allow President Juarez to do

        11       this and instead decided to invade Mexico and

        12       get payments by whatever means necessary.  The

        13       Spanish and English eventually withdrew, but

        14       the French refused to leave; and

        15                  "WHEREAS, On May 5, 1862, the

        16       French army began its advance.  Under General

        17       Ignacio Zaragoza Seguin, 5,000 Mestizo and

        18       Zapotec Indians defeated the French army in

        19       what came to be known as the 'Batalla de

        20       Puebla' on the fifth of May; and

        21                  "WHEREAS, A year later, the French

        22       occupied Mexico.  The French occupying forces

        23       placed Maximilian I, Emperor of Mexico, on the

        24       throne of Mexico in 1864.  The French, under

        25       pressure from the United States, eventually



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         1       withdrew in 1866-1867.  Maximilian was deposed

         2       by President Benito Juarez and executed five

         3       years after the Battle of Puebla; and

         4                  "WHEREAS, The Battle of Puebla was

         5       significant in that the 4,000 Mexican soldiers

         6       were greatly outnumbered by the French army of

         7       8,000 that had not been defeated for almost 50

         8       years; and

         9                  "WHEREAS, In the United States, the

        10       'Batalla de Puebla' came to be known as simply

        11       '5 de Mayo'; and

        12                  "WHEREAS, Cinco de Mayo is

        13       celebrated in the United States with parades,

        14       folkloric dancing, and other types of festive

        15       activities; and

        16                  "WHEREAS, The celebration of Cinco

        17       de Mayo has contributed to the

        18       Mexican-American experience and to the

        19       preservation and enhancement of the Mexican

        20       cultural heritage, adding so much to the rich

        21       mosaic of which our great state and nation are

        22       comprised; now, therefore, be it

        23                  "RESOLVED, That this Legislative

        24       Body pause in its deliberations to commemorate

        25       the celebration of Cinco de Mayo, May 5,



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         1       2010."

         2                  ACTING PRESIDENT JOHNSON:    Are

         3       there any other Senators that wish to be heard

         4       on the resolution?

         5                  This resolution was unanimously

         6       adopted on May 4th.

         7                  Senator Klein.

         8                  SENATOR KLEIN:    Mr. President, at

         9       this time I move to recall Senate Resolution

        10       Number 4947, by Senator Diaz, which was

        11       previously adopted by this house on May 4th.

        12       I ask that the title of the resolution be read

        13       and that Senator Diaz be given an opportunity

        14       to speak on his resolution.

        15                  ACTING PRESIDENT JOHNSON:    The

        16       Secretary will read.

        17                  THE SECRETARY:    By Senator Diaz,

        18       Legislative Resolution Number 4947,

        19       memorializing Governor David A. Paterson to

        20       proclaim May 2010 as Senior Citizens Month in

        21       the State of New York.

        22                  ACTING PRESIDENT JOHNSON:

        23       Senator Diaz.

        24                  SENATOR DIAZ:    Thank you,

        25       Mr. President.



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         1                  Mr. President, ladies and

         2       gentlemen, the month of May is a very, very

         3       important month.  There are many different

         4       activities that are celebrated during the

         5       month of May.  There are different holidays,

         6       important holidays, that are celebrated during

         7       the month of May.  There are different

         8       celebrations and different commemorations

         9       including, including the birth of my grandson

        10       Billy Killey today, who lives in Highland, in

        11       the town of Woodbury, New York.

        12                  During the month of May,

        13       Mr. President and ladies and gentlemen, we

        14       celebrate the International Working Day in

        15       honor of those wonderful and magnificent men

        16       and women that with their dedication and

        17       commitment, sweat, work every day not only for

        18       themselves but also to create a better city, a

        19       better state, a better nation.

        20                  During the month of May, in fact,

        21       we celebrate Cinco de Mayo.  You just read a

        22       resolution celebrating the Cinco de Mayo in

        23       hone of the revolution that commemorates the

        24       Mexican army victory over the French forces in

        25       the Battle of Puebla in 1862.



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         1                  During the month of May, ladies and

         2       gentlemen, this coming Sunday we'll celebrate

         3       a very important day, Mother's Day, in honor

         4       of those women who have realized that life is

         5       sacred and have decided not to abort their

         6       babies but to give birth.  So we celebrate

         7       Mother's Day in honor of the mothers.

         8                  During the month of May, ladies and

         9       gentlemen, we also celebrate Armed Forces Day,

        10       recognizing the contributions of all those men

        11       and women that have given a gift, even their

        12       lives, to protect our nation.

        13                  Also during the month of May we

        14       celebrate Memorial Day, a great and very

        15       important day in the history of our country.

        16                  But the month of May, Mr. President

        17       and ladies and gentlemen, is a very, very

        18       important month not only for those days but

        19       also because this chamber, this Senate, called

        20       the month of May the Senior Citizens Month, in

        21       honor, in recognition to the dedication and

        22       the commitment of senior citizens in our

        23       state.

        24                  At this time, Mr. President, we

        25       have slightly more than 3 million senior



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         1       citizens who call the great State of New York

         2       home.  And today, ladies and gentlemen, we

         3       carry on a tradition instituted by this house.

         4       The Senate of the State of New York since 1983

         5       has recognized and honored the many

         6       achievements of our state's senior citizens.

         7                  This year, this month, this time,

         8       on this occasion, I'm honored once again, as

         9       the chairman of the New York State Senate

        10       Committee on Aging, to bring this resolution

        11       to the floor.  I am also honored to have

        12       chosen the recipient of this year's Senior

        13       Citizen of the Year.

        14                  This year, as Senator Aubertine

        15       said before, we have chosen a very

        16       distinguished person, Ms. Dorothy Austin, a

        17       resident of Watertown, New York, who has

        18       joined us today.  And she's here today with

        19       her husband, Robert.

        20                  And I also would like to

        21       congratulate Senator Aubertine because, as the

        22       Senator representing Watertown, New York, you

        23       have distinguished people represented here

        24       today in the person of Dorothy Austin and her

        25       husband, Robert.  And Ms. Dorothy Austin has



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         1       been chosen to be, out of 3 million senior

         2       citizens, out of 3 million senior citizens,

         3       Senator Aubertine, you have the honor that

         4       Ms. Dorothy Austin has been chosen Senior

         5       Citizen of the Year in the State of New York.

         6       And she's here today.

         7                  Ms. Austin was nominated by the

         8       Jefferson County Office of the Aging for her

         9       many contributions as treasurer, vice

        10       president, and president of the Brownville

        11       Glen Park Senior Citizens.  Ms. Austin's many

        12       other volunteer activities include Meals on

        13       Wheels, an Office for the Aging Health Fair

        14       volunteer, and a weekly visit to the Samaritan

        15       Keep Home.

        16                  Thank you, thank you, Ms. Austin

        17       for your contributions to the State of

        18       New York.  Thank you for being here today

        19       representing all the seniors of the State of

        20       New York.  We don't have a crown, but you are

        21       our queen.

        22                  MS. AUSTIN:    Thank you.  I thank

        23       everyone for everything.

        24                  SENATOR DIAZ:    And today we honor

        25       you, we are honored to have you around.  We



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         1       congratulate you, congratulate your family,

         2       congratulate the organization that recommended

         3       you.  I congratulate again Senator Aubertine.

         4       And, ladies and gentlemen, we all rejoice,

         5       rejoice, celebrating the most important day of

         6       the month, Senior Citizens Month.  And I'm

         7       honored to be the chairman of the Aging

         8       Committee.

         9                  Thank you, Mr. President.  Thank

        10       you, Ms. Austin.  And ladies and gentlemen,

        11       you are welcome to join us later on in the

        12       Convention Center where we're going to have a

        13       big rally with senior citizens.  Thank you.

        14                  (Applause.)

        15                  ACTING PRESIDENT JOHNSON:

        16       Senator Farley.

        17                  SENATOR FARLEY:    Thank you very

        18       much, Mr. President.

        19                  I rise to salute this Senior

        20       Citizen of the Year.  To show you how old I

        21       am, I was the first chairman of the Aging

        22       Committee in the New York State Senate and as

        23       a matter of fact was responsible for starting

        24       the Senior Citizen of the Year program.

        25                  But it goes way back.  Not only am



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         1       I a native of Watertown, but I know Bob Austin

         2       and Dorothy, the Senior Citizen, and I go to

         3       mass with them at Saint Andrews at Sackets

         4       Harbor.  And even though they're from

         5       Brownville, I see them almost every Sunday

         6       when I'm up at my cottage at Sackets Harbor.

         7                  But let me just say what a

         8       remarkable resume.  And I want you all to read

         9       this resolution carefully because of what

        10       Dorothy has done, the contributions that she's

        11       made to her community.  She's a very deserving

        12       Senior Citizen of the Year.  Every year we do

        13       this to honor somebody from all over the State

        14       of New York, and there's a lot of capable

        15       people that are looked at.

        16                  And, Senator Diaz, I commend you.

        17       You have been a devoted chairman of this

        18       committee, which I have served on for over

        19       30 years.  And I want to commend you for the

        20       choice that you've made here, because Dorothy

        21       Austin is a remarkable Senior Citizen of the

        22       Year and her husband, Bob Austin, is also a

        23       great American.

        24                  I'm very proud to support them

        25       both, and congratulations on their honor.



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         1                  ACTING PRESIDENT JOHNSON:    Are

         2       there any other Senators that wish to be heard

         3       on the resolution?

         4                  This resolution was unanimously

         5       adopted on May 4th.

         6                  Senator Klein.

         7                  SENATOR KLEIN:    Mr. President, at

         8       this time can we please go to a reading of the

         9       calendar.

        10                  ACTING PRESIDENT JOHNSON:    The

        11       Secretary will read.

        12                  THE SECRETARY:    Calendar Number

        13       227, by Senator Stavisky, Senate Print 5585C,

        14       an act to amend the Education Law.

        15                  ACTING PRESIDENT JOHNSON:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 4.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT JOHNSON:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT JOHNSON:

        23       Announce the results.

        24                  THE SECRETARY:    Ayes, 58.

        25                  ACTING PRESIDENT JOHNSON:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       297, by Senator L. Krueger, Senate Print

         4       3593C, an act to amend the Environmental

         5       Conservation Law.

         6                  ACTING PRESIDENT JOHNSON:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 3.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT JOHNSON:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT JOHNSON:

        14       Senator Bonacic, to explain his vote.

        15                  SENATOR BONACIC:    Thank you,

        16       Mr. President.

        17                  I think recycling is the way of the

        18       future, it's very important; this is a good

        19       bill.

        20                  But I would just ask the sponsor

        21       why it doesn't apply to the public sector.

        22       This recycling plan and implementation is only

        23       for the private sector to do.  And I would ask

        24       him [sic] to consider that in the future and

        25       make it also apply to the public sector.



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         1                  I vote yes.  Thank you,

         2       Mr. President.

         3                  ACTING PRESIDENT JOHNSON:    Thank

         4       you, Senator Bonacic.

         5                  Announce the results.

         6                  THE SECRETARY:    Ayes, 59.

         7                  ACTING PRESIDENT JOHNSON:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       377, by Member of the Assembly Canestrari,

        11       Assembly Print Number 4300, an act to amend

        12       the Judiciary Law.

        13                  ACTING PRESIDENT JOHNSON:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT JOHNSON:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT JOHNSON:

        21       Announce the results.

        22                  THE SECRETARY:    Ayes, 59.

        23                  ACTING PRESIDENT JOHNSON:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       384, by Senator Addabbo, Senate Print 3538A,

         2       an act to amend the Civil Service Law.

         3                  ACTING PRESIDENT JOHNSON:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT JOHNSON:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT JOHNSON:

        11       Announce the results.

        12                  THE SECRETARY:    Ayes, 58.  Nays,

        13       1.  Senator Lanza recorded in the negative.

        14                  ACTING PRESIDENT JOHNSON:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       413, by Senator C. Johnson, Senate Print 7369,

        18       an act to amend the Executive Law.

        19                  ACTING PRESIDENT JOHNSON:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT JOHNSON:    Call

        24       the roll.

        25                  (The Secretary called the roll.)



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         1                  ACTING PRESIDENT JOHNSON:

         2       Senator Maziarz, to explain his vote.

         3                  SENATOR MAZIARZ:    Thank you very

         4       much, Mr. President.

         5                  I did have several questions on

         6       this, but since you're up there and it is

         7       Getaway Day, I'll defer those questions.

         8                  But maybe just to explain my vote,

         9       I vote in favor of this bill.  I think it's a

        10       very good bill.  But maybe just by way of

        11       explaining, I can make a suggestion to the

        12       sponsor that this -- this legislation includes

        13       any boards, commissions, committees, councils,

        14       task forces.  It's really all-encompassing,

        15       and it's very good.

        16                  There is, however, on the border,

        17       the northern border of New York State, some

        18       very different types of commissions that

        19       control the bridges between Canada and the

        20       United States.  There's the Peace Bridge

        21       Authority in the City of Buffalo, there's the

        22       Niagara Falls Bridge Commission, I think

        23       there's one up in Ogdensburg or someplace up

        24       there.

        25                  But the U.S. representatives are



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         1       appointed, for the most part, by the Governor.

         2       In some instances, like the Peace Bridge,

         3       they're appointed by the Attorney General and

         4       others.

         5                  But these should be included in

         6       resolutions like this.  They consider

         7       themselves to be federal entities when it

         8       benefits them as far as releasing public

         9       information, state entities when it benefits

        10       them as far as not releasing any state

        11       information.

        12                  So just a suggestion that I had,

        13       Mr. President.  I vote in the affirmative.

        14                  ACTING PRESIDENT JOHNSON:    Thank

        15       you very much, Senator Maziarz.

        16                  Announce the results.

        17                  THE SECRETARY:    Ayes, 59.

        18                  ACTING PRESIDENT JOHNSON:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       476, by Senator Dilan, Senate Print 7686, an

        22       act to amend the State Finance Law.

        23                  ACTING PRESIDENT JOHNSON:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT JOHNSON:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT JOHNSON:

         6       Senator LaValle, to explain his vote.

         7                  SENATOR LaVALLE:    Thank you,

         8       Mr. President.

         9                  On Monday I offered an amendment to

        10       the emergency bill, and at that time I had

        11       indicated how SUNY and CUNY were treated

        12       differently, to the detriment of SUNY.

        13                  Today I have a memo from the

        14       Dormitory Authority that just talks about some

        15       of the things that I mentioned and I think

        16       Senator Little may have mentioned in her

        17       remarks.

        18                  It talks about the SUNY dorm 90-day

        19       summer recess construction window and that

        20       this work is done, typically commences around

        21       May the 15th.  It goes on, in the last

        22       sentence of this memo:  "Without a 2010-2011

        23       budget or applicable emergency appropriations

        24       allowing DASNY to draw advances, DASNY will

        25       need to inform contractors early in May that



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         1       we might no longer be able to pay for them to

         2       progress their contracts."

         3                  So as I had indicated, it's

         4       critically important that contractors know

         5       that there is money available that they can

         6       draw down on to complete their work.  And

         7       without this, we have a narrow window, a

         8       90-day window.

         9                  And I know there's an Assembly

        10       bill, so Assemblyman Lopez really has to pass

        11       this quickly, it has to go to the Governor,

        12       and the Governor has to sign this bill -- or

        13       else the legislation before us is for naught

        14       in terms of State University.

        15                  I vote in the affirmative,

        16       Mr. President.

        17                  ACTING PRESIDENT JOHNSON:

        18       Senator LaValle will vote in the affirmative.

        19                  Senator Fuschillo.

        20                  SENATOR FUSCHILLO:    Thank you

        21       very much, Mr. President.  Just quickly, I

        22       want to echo the sentiments of my colleague

        23       Senator LaValle.  I want to thank the chair of

        24       the Transportation Committee, Senator Dilan.

        25                  My colleague, the great colleague



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         1       from the northwest that I represent, Senator

         2       Jim Seward, said "Imitation is the greatest

         3       form of flattery."  We're flattered because

         4       this is identical to the amendments that we

         5       put forth week after week, week after week,

         6       with the Governor's extenders.

         7                  It's critically important that this

         8       does become law, and the Assembly has to adopt

         9       this and the Governor must sign this --

        10       important for public safety, important for

        11       economic development, important to pay these

        12       contractors that have not been paid but are

        13       required to do the work and complete the work

        14       on time regardless of whether they get paid or

        15       not.  And if they don't, they're going to get

        16       penalized heavily.

        17                  But it's critically important to

        18       put people back to work.  You know, on

        19       Long Island we hear from the Long Island

        20       Contractors Association almost on a daily

        21       basis, all my colleagues that represent

        22       Long Island.  We're not talking about just

        23       laying people off or having 35, 40 percent

        24       unemployment anymore, we're talking about

        25       bankruptcy now because the state is not



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         1       following through with its obligation to pay

         2       these contractors.

         3                  This is a step in the right

         4       direction.  I want to thank my colleague

         5       Senator Dilan for this legislation.  I'll be

         6       voting in the affirmative.

         7                  ACTING PRESIDENT JOHNSON:

         8       Senator Fuschillo to be voting in the

         9       affirmative.

        10                  Announce the results.

        11                  THE SECRETARY:    Ayes, 59.  Nays,

        12       0.

        13                  ACTING PRESIDENT JOHNSON:    The

        14       bill is passed.

        15                  Senator Klein, that completes the

        16       reading of the noncontroversial calendar.

        17                  SENATOR KLEIN:    Mr. President, is

        18       there any further business at the desk?

        19                  ACTING PRESIDENT JOHNSON:

        20       Senator Klein, the desk is clear.

        21                  SENATOR KLEIN:    There being no

        22       further business, Mr. President, I move that

        23       we adjourn at the call of the Temporary

        24       President, intervening days to be legislative

        25       days.



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         1                  ACTING PRESIDENT JOHNSON:    There

         2       being no further business to come before the

         3       Senate, on motion, the Senate stands adjourned

         4       at the call of the Temporary President,

         5       intervening days being legislative days.

         6                  (Whereupon, at 12:06 p.m., the

         7       Senate adjourned.)

         8

         9

        10

        11

        12

        13

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24

        25



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