Regular Session - May 5, 2010
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 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.)
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