Regular Session - May 25, 2010

                                                            4091



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     May 25, 2010

        11                       3:22 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR ANDREA STEWART-COUSINS, 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 STEWART-COUSINS:

         3       The 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 STEWART-COUSINS:

        10       In the absence of clergy, may we all bow our

        11       heads in a moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The reading of the Journal.

        16                  The Secretary will read.

        17                  THE SECRETARY:    In Senate,

        18       Monday, May 24, 2010, the Senate met pursuant

        19       to adjournment.  The Journal of Sunday,

        20       May 23, 2010, was read and approved.  On

        21       motion, Senate adjourned.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        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:    Madam President,

        10       I have a resolution at the desk.  I ask that

        11       the resolution be read in its entirety and

        12       move for its immediate adoption.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Klein, has this resolution been deemed

        15       privileged and submitted by the office of the

        16       Temporary President?

        17                  SENATOR KLEIN:    Yes, it has,

        18       Madam President.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The Secretary will read.

        21                  THE SECRETARY:    By Senator Klein,

        22       legislative resolution commending Eileen Frey

        23       upon the occasion of her designation for

        24       special recognition in honor of her unwavering

        25       efforts with the Michael Frey Foundation.



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         1                  "WHEREAS, It is the custom of this

         2       Legislative Body to recognize those

         3       individuals of preeminent character whose

         4       lives exemplify the highest ideals of humanity

         5       and whose lifework and civic endeavor serve to

         6       enhance the quality of life in their

         7       communities and the great State of New York;

         8       and

         9                  "WHEREAS, Attendant to such

        10       concern, and in full accord with its

        11       long-standing traditions, this Legislative

        12       Body is justly proud to commend Eileen Frey

        13       upon the occasion of her designation for

        14       special recognition in honor of her unwavering

        15       efforts with the Michael Frey Foundation; and

        16                  "WHEREAS, In 1997, Eileen Frey,

        17       along with her family, launched the Michael

        18       Frey Foundation, named after Eileen's late

        19       son, Michael Frey, who died in the line of

        20       duty while working as an Eastchester police

        21       officer in 1996; and

        22                  "WHEREAS, A heroic and courageous

        23       police officer, Michael Frey worked for the

        24       New York City Police Department for

        25       approximately three years before transferring



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         1       in 1989 to serve as an officer in his hometown

         2       of Eastchester, New York; and

         3                  "WHEREAS, A woman of incredible

         4       fortitude and perseverance, Eileen Frey has

         5       made it her life's passion to keep Michael

         6       Frey's legacy alive; and

         7                  "WHEREAS, Almost 14 years later,

         8       after the 29-year-old became the town's only

         9       police officer to die in the line of duty,

        10       hundreds of his fellow officers, as well as

        11       friends and relatives, celebrate the life and

        12       sacrifice of Officer Michael Frey every year,

        13       thanks to the efforts of Eileen Frey and the

        14       Michael Frey Foundation; and

        15                  "WHEREAS, This incredible

        16       foundation has raised money for education

        17       scholarships for students in Eastchester,

        18       Tuckahoe, and Bronxville, including a special

        19       scholarship started by Eileen Frey for

        20       students who specifically follow her son's

        21       footsteps and attend Immaculate Conception

        22       School and Archbishop Stepinac High School in

        23       White Plains, New York; and

        24                  "WHEREAS, Eileen Frey and her son

        25       Al were also instrumental forces in the



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         1       formation of the New Yorkers Against Gun

         2       Violence chapter in Eastchester, New York.  In

         3       addition, she has served as the treasurer of

         4       the California Ridge Association; and

         5                  "WHEREAS, A wonderful son, a

         6       devoted police officer, and an inspiring

         7       friend, Michael Frey will be forever missed by

         8       all those who knew him, but his legacy will

         9       long endure the passage of time, thanks to the

        10       infinite love of his mother, Eileen Frey; and

        11                  "WHEREAS, It is the sense of this

        12       Legislative Body that those who enhance the

        13       well-being and vitality of their community and

        14       have shown a long and sustained commitment to

        15       excellence certainly have earned the

        16       recognition and applause of all the citizens

        17       of this great Empire State; now, therefore, be

        18       it

        19                  "RESOLVED, That this Legislative

        20       Body pause in its deliberations to commend

        21       Eileen Frey upon the occasion of her

        22       designation for special recognition in honor

        23       of her unwavering efforts with the Michael

        24       Frey Foundation; and be it further

        25                  "RESOLVED, That a copy of this



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         1       resolution, suitably engrossed, be transmitted

         2       to Eileen Frey."

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Senator Klein.

         5                  SENATOR KLEIN:    Thank you, Madam

         6       President.

         7                  It is truly my honor to have

         8       nominated Eileen Frey as my Woman of

         9       Distinction in the 34th Senate District.  And

        10       I have the privilege of recognizing them today

        11       in the chamber:  Eileen, her husband Al, her

        12       son Al, who have done such tremendous work on

        13       behalf of their son.

        14                  One of the great losses in the Town

        15       of Eastchester, that I have the privilege of

        16       representing, was the loss of Michael Frey.

        17       Michael Frey was the only police officer,

        18       thank God, that was killed in the line of duty

        19       in the Town of Eastchester.  It took on sort

        20       of a life of its own because of the hard work

        21       of Eileen.  And I think many of you,

        22       especially those in the Lower Hudson Valley,

        23       are very familiar with the bump stickers

        24       "Thank A Police Officer" in honor of Michael

        25       Frey.



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         1                  I think Eileen's work deserves

         2       tremendous recognition.  There's very few who

         3       would take a terrible tragedy in their life

         4       and try to make something positive of it.

         5       Eileen's fight against gun violence, Eileen's

         6       fight on behalf of her son to provide

         7       scholarships to those who follow in the

         8       footsteps of her heroic son is something that

         9       I wish could be replicated more often.

        10                  She is someone who I consider one

        11       of my personal heroes, because it takes a very

        12       special person to put aside personal tragedy

        13       and go on and do so much for others.

        14       Certainly that's something that I believe we

        15       need more of, especially right now in this

        16       state.

        17                  She's someone who fights hard every

        18       day, recognizes the problems that police

        19       officers have each and every day because of

        20       the proliferation of guns in our society, and

        21       has done her work in her Town of Eastchester

        22       to educate the public to such.

        23                  So it is my distinct pleasure to

        24       honor her today.  And I know there's going to

        25       be a ceremony later on today, but I did want



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         1       to recognize this very special lady and

         2       someone who I consider a dear friend and who's

         3       not only a credit to the Town of Eastchester

         4       but to all New Yorkers.

         5                  Let's welcome Eileen Frey,

         6       everybody.

         7                  (Applause.)

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Thank you, Senator Klein.

        10                  The question is on the resolution.

        11       All those in favor please signify by saying

        12       aye.

        13                  (Response of "Aye.")

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Opposed, nay.

        16                  (No response.)

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       The resolution is adopted.

        19                  Senator Klein has indicated that he

        20       would like to open the resolution up for

        21       cosponsorship by the entire house.  Any

        22       Senator wishing not to be on the resolution

        23       please notify the desk.

        24                  And again, our congratulations to

        25       the Freys.  Thank you, Eileen.



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         1                  Senator Klein.

         2                  SENATOR KLEIN:    Madam President,

         3       I believe Senator Sampson has a resolution at

         4       the desk.  I ask that the resolution be read

         5       in its entirety and move for its immediate

         6       adoption.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         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       Madam President.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       The Secretary will read.

        15                  THE SECRETARY:    By Senator

        16       Sampson, legislative resolution congratulating

        17       the 2010 New York State Senate Contemporary

        18       Women of Distinction Award honorees to be

        19       celebrated May 25, 2010.

        20                  "WHEREAS, It is the sense of this

        21       Legislative Body to recognize and pay tribute

        22       to those women of distinction within the

        23       Empire State who have made strong

        24       contributions to their communities and who

        25       inspire others through their model



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         1       citizenship; and

         2                  "WHEREAS, These illustrious women

         3       have added vitality, sensitivity and

         4       understanding to the diversity and value of

         5       the people of the State of New York; and

         6                  "WHEREAS, This Legislative Body is

         7       justly proud to congratulate the 2010 New York

         8       State Senate Contemporary Women of Distinction

         9       Award honorees to be celebrated at its annual

        10       ceremony and reception on Tuesday, May 25,

        11       2010; and

        12                  "WHEREAS, For the past 13 years,

        13       the New York State Senate has honored a select

        14       group of outstanding women who work to improve

        15       the lives of others, subsequently making the

        16       world a better place to live.  To date, more

        17       than 400 women across the state have been

        18       awarded this most prestigious accolade; and

        19                  "WHEREAS, The 2010 Contemporary

        20       Women of Distinction are being recognized for

        21       their dedication to community, achievements in

        22       education, the arts, health and business.

        23       They have not only achieved great success on

        24       an individual level, but also on a community

        25       and social level, strengthening the



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         1       communities of this great Empire State; and

         2                  "WHEREAS, Historically, great

         3       achievements have been made by women of

         4       New York, such as Susan B. Anthony, who was a

         5       teacher in Hardscrabble, New York, and began

         6       her career in social activism in Rochester;

         7       Eleanor Roosevelt, born on West 37th Street in

         8       New York City, fought for civil rights during

         9       her tenure as First Lady; Ella Fitzgerald, who

        10       grew up in Yonkers and became a jazz legend;

        11       Lucille Ball, born and raised in Chautauqua

        12       County, went on to become a legend of the

        13       screen; and Harriet Tubman, who did a majority

        14       of her work in the women's suffrage movement

        15       from her home in Auburn, New York; and

        16                  "WHEREAS, The 2010 Contemporary

        17       Women of Distinction include Aissatou Ndao,

        18       Muriel Allerton, JoAnn T. Atlas, Aurelia

        19       Greene, Mary Walsh Boatfield, Dolores

        20       Patterson Caldwell, Edie Carbone, Linda S.

        21       Chiarenza, Mary Carroll Clavin, Susan M.

        22       Cohen, Ilene Corina, Corrina Grant, Joy

        23       Cousminer, Rachel Lee Davis, Andrea L. DeMeo,

        24       Katherine M. Doherty, Alice J. Fiacco, Rena

        25       Finkelstein, Eileen Frey, Lisa A. Frisch, Ada



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         1       Grabowski, Ph.D., Dedra Grant-Wade, Cheryl

         2       Anne Hall, Helen Ann Henkel, The Honorable

         3       Jacqueline Grace Boyce, Catherine McVay

         4       Hughes, Dafny Joy Irizarry, Paloma

         5       Izquierdo-Hernandez, Janice Emanuel-Bunn,

         6       Carrie Kahn, Lynn Kennison, Peggy Liuzzi,

         7       Kathy Marchione, Mary-Howell Martens, Kathleen

         8       'Katie' Kilcommons McGowan, Anna Marie

         9       Lusins-McLachlan, Ann Chambers Meagher, Mimi

        10       Pierre Johnson, Mayor Stephanie A. Miner,

        11       Margaret B. 'Mardy' Moore, Peg Overdorf, Jodie

        12       A. Perry, Jean Phelps, Magaly Polo, Terri

        13       Pouymari, Carol Quirk, Chandler M. Ralph,

        14       Julie Ratner, M.D., Lillian Rodriguez-Lopez,

        15       Carol Ruane, Eileen Santiago, Ph.D., Mary

        16       Silver, Carol G. Simon, Dee G. Vanenburg,

        17       Diane Arneth, Victoria Schneps, Tricia

        18       Haggerty Wenz, Helen R. Worth, and Olga Rovt;

        19       and

        20                  "WHEREAS, Each of these exceptional

        21       women of singular distinction have continually

        22       demonstrated extreme competence, extraordinary

        23       intelligence, and diligent leadership in their

        24       unwavering service to their communities; and

        25                  "WHEREAS, It is the custom of this



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         1       Legislative Body that those who enhance the

         2       well-being and vitality of their community and

         3       have shown a long and sustained commitment to

         4       excellence certainly have earned the

         5       recognition and applause of all the citizens

         6       of this great Empire State; now, therefore, be

         7       it

         8                  "RESOLVED, That this Legislative

         9       Body pause in its deliberations to

        10       congratulate the 2010 New York State Senate

        11       Contemporary Women of Distinction Award

        12       honorees, to be celebrated May 25, 2010; and

        13       be it further

        14                  "RESOLVED, That copies of this

        15       resolution, suitably engrossed, be transmitted

        16       to the 2010 Contemporary Women of Distinction

        17       honorees."

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Are there any other Senators wishing to be

        20       heard on the resolution?

        21                  Senator Libous.

        22                  SENATOR LIBOUS:    Thank you, Madam

        23       President.

        24                  This is certainly a very special

        25       day in the New York State Senate, Women of



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         1       Distinction, and we are going to honor not

         2       only here on the floor but later on today a

         3       number of very, very dedicated women who have

         4       served not only the state but many

         5       organizations in a very honorable manner.

         6                  I just want to also recognize, as

         7       Senator Klein did, that Alice Fiacco is in the

         8       gallery -- Alice, please stand up, be proud to

         9       stand up -- who is my woman of distinction.

        10       And she has dedicated her life to the fire

        11       service in Broome County.  And we'll talk a

        12       little bit more about that later today.

        13                  But I'm just pleased to have Alice

        14       here so that we, as all of you, will be

        15       honoring each and every very special Woman of

        16       Distinction, that I get that opportunity on

        17       the floor.

        18                  So, Alice, congratulations to you.

        19       Thank you for what you do in our community.

        20                  And, Madam President, I look

        21       forward to the ceremony later today, which I

        22       know you will be very involved in.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Thank you, Senator.

        25                  Are there any other Senators



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         1       wishing to speak?

         2                  Senator Johnson.

         3                  SENATOR CRAIG JOHNSON:    Thank you

         4       very much, Madam President.

         5                  I want to first thank Leader

         6       Sampson for his resolution and, like Senator

         7       Libous, congratulate all the Women of

         8       Distinction who are here today.

         9                  I wish to congratulate my woman of

        10       distinction, Mimi Johnson, who is up in the

        11       gallery as well, who has faithfully served the

        12       Elmont community in my district, in particular

        13       on one very important issue.

        14                  Last week the Investigations

        15       Committee held a very important hearing in

        16       Elmont involving the quality of the water in

        17       the Elmont-Franklin Square area.  And it was

        18       through the leadership activities of Mimi

        19       Johnson, who brought this issue to my

        20       attention, who has been fighting the fight to

        21       ensure that the residents of Elmont get a very

        22       basic service from the Western Nassau Water

        23       Authority, and that's clean water, drinkable

        24       water.

        25                  And so for her actions on that one



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         1       issue as well as other issues, and her civic

         2       activity, I want to congratulate Mimi Johnson

         3       for being here and for being the Woman of

         4       Distinction for the Seventh Senatorial

         5       District.

         6                  So again, I thank Leader Sampson

         7       and I join in the resolution.  Thank you very

         8       much.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Thank you, Senator.

        11                  Senator Larkin.

        12                  SENATOR LARKIN:    Thank you, Madam

        13       President.

        14                  You know, when we look about Women

        15       of Distinction, you don't look at age, you

        16       look at accomplishments.  My Woman of

        17       Distinction, Patricia Haggerty Wenz, had one

        18       of the most startling beginnings.  She married

        19       a young man who was to be a coach at West

        20       Point.  They turned the sport of lacrosse

        21       around.

        22                  All of a sudden, before the

        23       championship game, he wanted to show the

        24       cadets about the three things that they know

        25       best:  Duty, honor and country.  And in doing



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         1       that, he raced to the top of Michie Stadium

         2       and he raced down.  As he hit the bottom step,

         3       he fell over and died.

         4                  A young lady, two children, what

         5       was she going to do with herself?  Brand-new

         6       to the area.  But she stood up and said, Hey,

         7       I've got to move on.  I have these children.

         8       And a lot of the women that are here today --

         9       and some of ours in the Legislature -- have

        10       been confronted with this.

        11                  So she said, What can I do?  She

        12       started out and look at people who were less

        13       fortunate.  She said, Yes, I've lost my

        14       husband, my children have lost their dad, but

        15       I have to move forward and do something.

        16                  She started an outfit that's called

        17       Safe Harbors.  It's in the City of Newburgh.

        18       You've read about the City of Newburgh lately.

        19       Sometimes Yonkers is all in the same path,

        20       Madam President.

        21                  So she started going around America

        22       and finding out, how do you do this, how do

        23       you bring people together who are separated?

        24       She started this Safe Harbors.  It brought in

        25       people that have been drug addicts, drunks,



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         1       you know, prostitutes, whatnot.  And now she

         2       has a Hotel Newburgh that Lucille Ball -- I

         3       saw it in one of the articles that Lucille

         4       Ball's first real performance was in the Ritz

         5       Theater in Newburgh.  And this lady said, If

         6       Lucille Ball can do it, we can.

         7                  I was there Saturday night for

         8       their annual ball, and everybody was saying

         9       something -- as a matter of fact, she's on her

        10       way here, but she's got a flat tire.

        11                  But the point about it is is she

        12       took these people in from all walks of life.

        13       She has them working, training, school, just

        14       opened up a couple of lofts so artists from

        15       the city can come up and do it and teach

        16       others and still can turn what they want to

        17       do.

        18                  This is a young lady that has shown

        19       that she is a lady of distinction because of

        20       her commitment to others.  And we are a proud

        21       community because Patricia Haggerty Wenz is

        22       with us.  And many of us who had the

        23       opportunity to meet her first husband

        24       understand what she said, he was a man for all

        25       reasons.  So is she.



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         1                  Thank you, Madam President.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Thank you, Senator.

         4                  Senator Ranzenhofer.

         5                  SENATOR RANZENHOFER:    Thank you,

         6       Madam President.

         7                  I'd also like to rise and join my

         8       colleagues.  And you can just hear from the

         9       comments that have been made by the other

        10       Senators how proud they are, each and every

        11       one of them, of the woman that they have

        12       nominated for Woman of Distinction.

        13                  This is the second opportunity I've

        14       had to do this, and I'm very proud today to

        15       have Carrie Kahn with us as the Woman of

        16       Distinction for the 61st District.  Carrie

        17       Kahn has been very active in workforce

        18       development.  She is viewed as one of the

        19       leaders in our community for workforce

        20       development, workforce training, has brought

        21       in a lot of money to help displaced workers

        22       and other people in need of training getting

        23       back into the workforce.

        24                  In addition to that, she also

        25       volunteers as a member of the school board.



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         1       She decided to get more involved in the

         2       community a few years ago and ran for the

         3       school board in order to help our

         4       Williamsville Central School District move

         5       through the challenges that we are facing.

         6       And just last week, she was reelected for her

         7       second term with the highest number of votes.

         8                  So she is a dedicated mother and

         9       wife, very active in our community on the

        10       school board, and just does a tremendous

        11       amount for our community.  I'm very proud to

        12       have her as a Woman of Distinction and join

        13       with my fellow Senators in just saying how

        14       proud I am and pleased that she could join us

        15       here today among many, many great Women of

        16       Distinction in the chambers.

        17                  Thank you, Madam President.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Thank you, Senator.

        20                  Are there any other Senators

        21       wishing to speak on the resolution?

        22                  I certainly, before taking the

        23       vote, want to acknowledge my Woman of

        24       Distinction, Helen Henkel, who we will hear

        25       more about, along with all of the other women



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         1       later today.

         2                  So the question is on the

         3       resolution.  All those in favor of its

         4       adoption signify by saying aye.

         5                  (Response of "Aye.")

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Opposed, nay.

         8                  (No response.)

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       The resolution is adopted.

        11                  Senator Sampson has indicated that

        12       he would like to open the resolution up for

        13       cosponsorship by the entire house.  Any

        14       Senator wishing to not be on the resolution

        15       please notify the desk.

        16                  Senator Klein.

        17                  SENATOR KLEIN:    Madam President,

        18       I believe Senator Winner has a resolution at

        19       the desk.  I ask that the title of the

        20       resolution be read and move for its immediate

        21       adoption.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Senator Klein, has this resolution been deemed

        24       privileged and submitted by the office of

        25       Temporary President?



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         1                  SENATOR KLEIN:    Yes, it has,

         2       Madam President.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       The Secretary will read.

         5                  THE SECRETARY:    By Senator

         6       Winner, legislative resolution honoring

         7       Desiree Miller, of Corning, New York, upon the

         8       occasion of being crowned Miss New York State

         9       Teenager.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Senator Winner.

        12                  SENATOR WINNER:    Thank you, Madam

        13       President.

        14                  It's my distinct honor to be able

        15       to be here to present this resolution in honor

        16       of a fine young lady from my district who is a

        17       Young Woman of Distinction.  And she is

        18       Desiree Miller, who has been crowned Miss

        19       New York State Teenager, and she's here in the

        20       chamber today, and she's joined by her mother,

        21       Crystal McCannon, and her advisor and pageant

        22       director, Dick Gillespie.

        23                  And so if you could give some

        24       recognition to Desiree Miller and congratulate

        25       her on her honor and wish her all the best in



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         1       her endeavors from a great part of the state.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Congratulations, Miss New York State Teenager.

         4                  (Applause.)

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Thank you, Senator Winner.

         7                  Are there any other Senators who

         8       wish to be heard on this resolution?

         9                  The question is on the resolution.

        10       All those in favor please signify by saying

        11       aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Opposed, nay.

        15                  (No response.)

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       The resolution is adopted.

        18                  Senator Winner has indicated that

        19       he would like to open the resolution up for

        20       cosponsorship by the entire house.  Any

        21       Senator wishing not to be on the resolution

        22       please notify the desk.

        23                  And again, congratulations to our

        24       wonderful honoree.

        25                  Senator Klein.



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         1                  SENATOR KLEIN:    Madam President,

         2       I believe Senator Stachowski has a resolution

         3       at the desk.  I ask that the title of the

         4       resolution be read and move for its immediate

         5       adoption.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Senator Klein, has this resolution been deemed

         8       privileged and submitted by the office of the

         9       Temporary President?

        10                  SENATOR KLEIN:    Yes, it has,

        11       Madam President.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       The Secretary will read.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       By Senator Stachowski, Legislative Resolution

        16       5477, commending Peg Overdorf upon the

        17       occasion of her designation as a 2010

        18       Contemporary Woman of Distinction on May 25,

        19       2010.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator Stachowski.

        22                  SENATOR STACHOWSKI:    Just

        23       briefly.  As Senator Sampson's resolution

        24       spoke about all the ladies, Women of

        25       Distinction, and Senator Klein did one on his



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         1       person, I had requested that mine get also

         2       separated.

         3                  Peg Overdorf has been a community

         4       activist for years.  She runs a place called

         5       the Valley Community Center in an old

         6       neighborhood in South Buffalo which is a lower

         7       economic strata.  And it started out as a

         8       storefront and now has two daycare centers, a

         9       senior center and a community center.

        10                  She has an educational program that

        11       after about six years got their first student

        12       that was struggling in school that got

        13       accepted to an Ivy League school.  So she does

        14       a marvelous job with that.  She helps people

        15       get job placement.  She helps people with

        16       resumes.  She gets seniors transportation and

        17       food pantry accessibility.

        18                  So Peg Overdorf just about does it

        19       all in her community.  She also is currently

        20       the main driving force between a new park

        21       being built on the Buffalo River, which is

        22       going to be of great use to the people in that

        23       community also.

        24                  So Peg, through her career, has

        25       done so many wonderful things for so many



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         1       people that she easily qualifies as the person

         2       from my district that's this year's Woman of

         3       Distinction, and I just wanted to say a few

         4       words about her on the floor of the Senate.

         5                  Thank you.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Thank you, Senator.

         8                  Are there any other Senators

         9       wishing to speak on the resolution?

        10                  Hearing none, the question is on

        11       the resolution.  All those in favor please

        12       signify by saying aye.

        13                  (Response of "Aye.")

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Opposed, nay.

        16                  (No response.)

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       The resolution is adopted.

        19                  Senator Klein.

        20                  SENATOR KLEIN:    Madam President,

        21       at this time I move to recall Senate

        22       Resolution Number 5187, by Senator Diaz, which

        23       was previously adopted on May 12th.  I ask

        24       that the resolution be read in its entirety

        25       and allow Senator Diaz to speak on his said



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         1       resolution.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The Secretary will read.

         4                  THE SECRETARY:    By Senator Diaz,

         5       Legislative Resolution Number 5187, honoring

         6       Lillian Rodriguez-Lopez upon the occasion of

         7       her designation as recipient of the 2010 Woman

         8       of Distinction Award.

         9                  "WHEREAS, It is the sense of this

        10       Legislative Body to publicly recognize those

        11       extraordinary individuals who have made

        12       contributions to the success and progress of

        13       society in the course of their life's work;

        14       and

        15                  "WHEREAS, Attendant to such

        16       concern, and in full accord with its

        17       long-standing traditions, this Legislative

        18       Body is justly proud to honor Lillian

        19       Rodriguez-Lopez upon the occasion of her

        20       designation as recipient of the 2010 Woman of

        21       Distinction Award; and

        22                  "WHEREAS, Lillian Rodriguez-Lopez

        23       serves as president of the Hispanic

        24       Federation, a nonprofit membership

        25       organization serving more than 90 Latino



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         1       health and human service agencies in New York,

         2       New Jersey, Connecticut and Pennsylvania.  She

         3       first joined the federation in 1996 as vice

         4       president, and under her leadership, the

         5       association has dramatically increased its

         6       organizational capacity to serve an

         7       ever-increasing network of member agencies and

         8       respond to the Latino community's needs

         9       locally and nationally; and

        10                  "WHEREAS, Prior to joining the

        11       Hispanic Federation, Lillian Rodriguez-Lopez

        12       was employed at the New York City Health and

        13       Hospitals Corporation, a public benefit

        14       corporation which oversees the city's

        15       healthcare system.  She served in several

        16       capacities, including executive assistant to

        17       the chairman of the board of directors; and

        18                  "WHEREAS, Lillian Rodriguez-Lopez

        19       is currently chair of New Yorkers for Smaller

        20       Classes and co-chair of Broadband Everywhere.

        21       In addition, she serves as a member of the

        22       Citizens Union, the Wachovia Bank Community

        23       Board, and the Manhattan Borough President

        24       Community Board Reform Committee.  She is a

        25       true asset to society; and



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         1                  "WHEREAS, A great community is only

         2       as great as those persons who provide

         3       exemplary service, whether through

         4       participation in voluntary programs, through

         5       unique personal achievement in their

         6       profession or other endeavors, or simply

         7       through a lifetime of good citizenry; and

         8                  "WHEREAS, It is the custom of this

         9       Legislative Body that those who enhance the

        10       well-being and vitality of their community and

        11       have shown a long and sustained commitment to

        12       excellence certainly have earned the

        13       recognition and applause of all the citizens

        14       of this great Empire State; now, therefore, be

        15       it

        16                  "RESOLVED, That this Legislative

        17       Body pause in its deliberations to honor

        18       Lillian Rodriguez-Lopez upon the occasion of

        19       her designation as recipient of the 2010 Woman

        20       of Distinction Award; and be it further

        21                  "RESOLVED, That a copy of this

        22       resolution, suitably engrossed, be transmitted

        23       to Lillian Rodriguez-Lopez."

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Senator Diaz.



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         1                  SENATOR DIAZ:    Thank you, Madam

         2       President.

         3                  Today is one of those days that

         4       makes it more important than others.  Today we

         5       are celebrating the Women of Distinction, the

         6       2010 Women of Distinction.  And there are many

         7       of them that are being honored today, but I'm

         8       taking pride in that today I am designating a

         9       Woman of Distinction, a wonderful woman, a

        10       marvelous woman, a woman that all men and

        11       women have to be very careful because she is

        12       one of those women that takes over.  And she

        13       needs no directions, she goes.

        14                  And every time, Madam President and

        15       ladies and gentlemen, every time that we have

        16       a catastrophe in one of our countries, it is

        17       Lillian Rodriguez and the Hispanic Federation

        18       that takes command, that takes action, and

        19       that coordinates every effort and puts

        20       everybody together to help other countries.

        21                  Lillian Rodriguez is here today

        22       with her mother, Maria Rodriguez.  And you

        23       know, the Rodriguez last name in Puerto Rico

        24       is one of the more common -- Diaz, Rodriguez,

        25       Martinez, Rivera.  But Lillian Rodriguez, I am



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         1       very proud and honored today to designate

         2       Ms. Lillian Rodriguez-Lopez as a 2010 Woman of

         3       Distinction.

         4                  And we just heard, Madam President

         5       and ladies and gentlemen, we just heard in the

         6       resolution Ms. Rodriguez-Lopez can be

         7       justifiably proud of her many accomplishments.

         8       Some of her many professional accomplishments

         9       have been the New York City Health and

        10       Hospitals Corporation.  And as president of

        11       the Hispanic Federation, through its

        12       outstanding volunteer service,

        13       Ms. Rodriguez-Lopez is truly a pillar of the

        14       community and someone who I am happy to call

        15       my friend.

        16                  She runs an organization, the best

        17       organization in New York City.  Run by a lady,

        18       by a woman.  Run by that person that I'm

        19       honored today to present to you, the Hispanic

        20       Federation.  Go out -- if you don't ever heard

        21       about the Hispanic Federation, go to your

        22       website, go ask for it.  And you will find the

        23       reputation -- the honesty, the integrity, the

        24       work that the Hispanic Federation is doing

        25       under the direction of Lillian



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         1       Rodriguez-Lopez.

         2                  Madam President and ladies and

         3       gentlemen, Ms. Lillian Rodriguez has served

         4       not only the Latino community but the entire

         5       community -- indeed, the entire community with

         6       her dedication, expertise and vision.  That is

         7       why she is so deserving of this award.

         8                  Lillian Lopez is a Hispanic woman.

         9       Lillian Lopez is not only a Hispanic woman,

        10       she's a leader.  Every Hispanic elected

        11       official, when they are called by the Hispanic

        12       Federation and Lillian Lopez, we run.

        13       Because -- we run.  She is the one that puts

        14       everybody together.  And she is the one that

        15       even the President of the United States, when

        16       they invite leaders of our community, the

        17       first one that gets invited is Lillian

        18       Rodriguez-Lopez.

        19                  I'm so honored, I'm so pleased

        20       today to be able to nominate and to be the one

        21       that presents to you Lillian Rodriguez-Lopez.

        22                  Thank you, Madam President, ladies

        23       and gentlemen, thank you for your time.  And

        24       thank you, Madam President, for this

        25       opportunity.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Thank you, Senator.

         3                  Are there any other Senators

         4       wishing to be heard on the resolution?

         5                  Senator Huntley.

         6                  SENATOR HUNTLEY:    Thank you,

         7       Madam President.

         8                  I just want to thank the leader for

         9       this evening, for Women of Distinction.  I

        10       think it's something that really brings all

        11       our people around us so we can show the

        12       appreciation that we have for them.

        13                  I want to welcome my person who

        14       just arrived, Dr. Jean Phelps.  I want to

        15       welcome her.  And I'm going to save the best

        16       about Dr. Phelps for later, when we give out

        17       the awards.

        18                  And I would also at this time like

        19       to welcome Jacqueline Boyce, on behalf of

        20       Senator Smith, who is not on the premises, and

        21       he asked me if I would welcome her also.  And

        22       later on this evening we will talk more about

        23       them.

        24                  Thank you.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Thank you, Senator Huntley.

         2                  The previous resolution had been

         3       adopted on May 12th.

         4                  And so again, our congratulations

         5       to the honoree, and we will see you all this

         6       evening at 5:30.

         7                  Senator Klein.

         8                  SENATOR KLEIN:    Madam President,

         9       on behalf of Senator Diaz, can we please place

        10       a sponsor's star on Calendar Number 588.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       So ordered.

        13                  SENATOR KLEIN:    Madam President,

        14       are there any substitutions at the desk?

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       There are substitutions at the desk, Senator

        17       Klein.

        18                  The Secretary will read.

        19                  THE SECRETARY:    On page number

        20       21, Senator Farley moves to discharge, from

        21       the Committee on Crime Victims, Crime and

        22       Corrections, Assembly Bill Number 9826 and

        23       substitute it for the identical Senate Bill

        24       Number 6765, Third Reading Calendar 287.

        25                  On page 23, Senator Young moves to



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         1       discharge, from the Committee on Crime

         2       Victims, Crime and Corrections, Assembly Bill

         3       Number 10233 and substitute it for the

         4       identical Senate Bill Number 6658, Third

         5       Reading Calendar 349.

         6                  On page number 28, Senator Sampson

         7       moves to discharge, from the Committee on

         8       Elections, Assembly Bill Number 10681B and

         9       substitute it for the identical Senate Bill

        10       Number 7466B, Third Reading Calendar 439.

        11                  On page number 35, Senator Parker

        12       moves to discharge, from the Committee on

        13       Housing, Construction and Community

        14       Development, Assembly Bill Number 1401 and

        15       substitute it for the identical Senate Bill

        16       Number 6916, Third Reading Calendar 544.

        17                  And on page number 36, Senator Diaz

        18       moves to discharge, from the Committee on

        19       Aging, Assembly Bill Number 9838 and

        20       substitute it for the identical Senate Bill

        21       Number 7647, Third Reading Calendar 551.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Substitutions so ordered.

        24                  Senator Klein.

        25                  SENATOR KLEIN:    Madam President,



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         1       can we return to the reports of standing

         2       committees.  I believe there's a report of the

         3       Finance Committee at the desk.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Returning to the reports of standing

         6       committees, there is a report of the Finance

         7       Committee at the desk.

         8                  The Secretary will read.

         9                  THE SECRETARY:    Senator C.

        10       Kruger, from the Committee on Finance, reports

        11       the following nomination.

        12                  As a member of the Metropolitan

        13       Transportation Authority, Patrick J. Foye, of

        14       Sandspoint.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Senator C. Kruger.

        17                  SENATOR CARL KRUGER:    Thank you,

        18       Madam President.  Can we please move that

        19       nomination.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Are there any Senators that wish to be heard

        22       on the nomination?

        23                  SENATOR FUSCHILLO:    Madam

        24       President, I'm sorry, which nomination are we

        25       on?



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       This is the nomination of Patrick Foye for the

         3       MTA.

         4                  SENATOR FUSCHILLO:    I'd like to

         5       be heard.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Senator Fuschillo.

         8                  SENATOR FUSCHILLO:    Thank you,

         9       Madam President.

        10                  I just want to thank Mr. Foye for

        11       his opportunity to serve this great state.

        12                  You know, this is a challenging

        13       position, being a member of the MTA board at a

        14       time where they're facing drastic cuts, less

        15       coverage for the commuters, reduction of

        16       services, and an increase in fees.  I asked

        17       Mr. Foye to use his experience in both the

        18       public and private sector, to be not only

        19       concerned about the service but obviously the

        20       fees that are charged to our consumers.

        21                  Once again, I thank him for his

        22       service to the State of New York, and I wish

        23       him well.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Thank you, Senator Fuschillo.



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         1                  Senator C. Johnson.

         2                  SENATOR CRAIG JOHNSON:    Thank you

         3       very much, Madam President.  I rise to also

         4       second the nomination of Patrick J. Foye to

         5       the MTA board.

         6                  We are in a very critical time, as

         7       all of you are aware, with respect to the MTA.

         8       And the MTA doesn't just limit its confines to

         9       the five boroughs but goes to the 12-county

        10       region surrounding it.  And for a while now,

        11       Nassau County has been without a voice on the

        12       MTA board.

        13                  I can think of no better individual

        14       to serve as the representative from Nassau

        15       County than Pat Foye.  I've known Pat for a

        16       number of years.  He happens to be a

        17       constituent.  More significantly, he happens

        18       to be a friend.

        19                  His service to the state has been

        20       stellar.  And now he not only is going to be

        21       serving on the MTA board, but he's now giving

        22       back to his county, where he serves as the

        23       deputy county executive focusing on economic

        24       development -- which obviously, given these

        25       very difficult economic times, is certainly a



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         1       challenge, just like the challenge to serve on

         2       the MTA board.

         3                  But don't just take it from me,

         4       take it from the various groups and

         5       organizations that Pat dedicates his time

         6       to -- his very limited spare time -- in

         7       volunteer efforts.  Just last week I happened

         8       to be in the audience when he was honored by

         9       the Catholic Charities and heard about the

        10       fine words from Bishop Murphy, who spoke

        11       glowingly of the work that Pat has done for

        12       Catholic Charities and for Nassau County.

        13                  So I congratulate him.  My

        14       condolences to his wife, Suzanne, to lose him

        15       for another board opportunity; his daughters,

        16       Caitlin and Heather and Olivia.

        17                  And, Pat, I congratulate you.  You

        18       have a lot of work ahead of you.  And so I

        19       wish you the best of luck and Godspeed.

        20                  Thank you very much.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Thank you, Senator.

        23                  Senator Bonacic.

        24                  SENATOR BONACIC:    I'll be brief.

        25                  Hard decisions have to be made by



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         1       those on the board with the MTA.  We had

         2       chances to interact with Patrick when he

         3       served with Governor Spitzer as the economic

         4       development chief.  He's a man that I consider

         5       a fiscal expert.  He knows how to analyze,

         6       make tough business decisions.

         7                  We wish him well, and we're glad

         8       that he's allowed his name to be put in

         9       nomination for this challenging position.  We

        10       wish him and his family well.

        11                  Thank you, Madam Chair.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Thank you, Senator.

        14                  Senator Marcellino.

        15                  SENATOR MARCELLINO:    Thank you,

        16       Madam President.

        17                  In spite of what I just heard about

        18       Patrick's friendship with Senator Johnson, I

        19       intend to support and I will maintain my

        20       support for Pat Foye.

        21                  At our confirmation during the

        22       Finance Committee meeting, I had asked Pat to

        23       look into the suspension of the Able-Ride

        24       system on Long Island, which assists the

        25       elderly and the handicapped.  That is a system



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         1       that has been suspended by the current

         2       administration of the MTA, and we think that

         3       was a mistake.  We think the savings are

         4       minimal and that they can be found in other

         5       areas.

         6                  And I've asked Pat and he's agreed

         7       to look into that and see if we can keep the

         8       Able-Ride system going, because it's an

         9       absolute necessity on Long Island for the

        10       people it serves.

        11                  So, Pat, I wish you well.  It's not

        12       an easy job you're taking on, but I know

        13       you're going to do it and do it well.  So

        14       congratulations, and God bless.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Are there any other Senators that wish to be

        17       heard on the nomination?

        18                  Senator O. Johnson.

        19                  SENATOR OWEN JOHNSON:    Yes, I'd

        20       like to join and, shall I say, celebrate the

        21       appointment of Pat Foye to the MTA.

        22                  We've known him on Long Island.

        23       He's done many public service positions and

        24       has always been a man you can count upon to

        25       listen to you and do the right thing.



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         1                  So, Pat, we're glad to have you

         2       there, and thank you very much for accepting.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Thank you, Senator.

         5                  Are there any other Senators

         6       wishing to be heard on the nomination?

         7                  The question is on the motion to

         8       confirm the nomination of Patrick J. Foye as a

         9       member of the Metropolitan Transportation

        10       Authority.  All those in favor please signify

        11       by saying aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Opposed, nay.

        15                  (No response.)

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       The motion carries.  The nomination is

        18       confirmed.

        19                  Congratulations to Mr. Foye.

        20                  (Applause.)

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       The Secretary will continue to read.

        23                  THE SECRETARY:    As members of the

        24       Small Business Advisory Board, Doreen Frasca,

        25       of New York City; Michael J. Garner, of



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         1       New York City; and Lisa Quiroz, of New York

         2       City.

         3                  As members of the State Board for

         4       Historic Preservation, Michael J. Devonshire,

         5       of Brooklyn, and Paul M. Stewart, of Albany.

         6                  As members of the Taconic State

         7       Park, Recreation and Historic Preservation

         8       Commission, Frederick H. Osborn, III, of

         9       Garrison, and Lucy R. Waletzky, M.D., of

        10       Pleasantville.

        11                  As members of the State Council on

        12       the Arts, Jill Erika Braufman, of New York

        13       City; Laudelina Martinez, of Albany; John

        14       Morning, of New York City; and Hal D. Payne,

        15       of Buffalo.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Senator Kruger.

        18                  SENATOR CARL KRUGER:    Thank you,

        19       Madam President.  Can we please move on these

        20       nominations.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Are there any other Senators wishing to be

        23       heard on the motion to confirm the

        24       nominations?

        25                  The question is on the motion to



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         1       confirm the nominations.  All those in favor

         2       please signify by saying aye.

         3                  (Response of "Aye.")

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Opposed, nay.

         6                  (No response.)

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The motion carries.  The nominations are

         9       confirmed.

        10                  Senator Klein.

        11                  SENATOR KLEIN:    Madam President,

        12       at this time can we please go to a reading of

        13       the calendar.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       387, by Senator Marcellino, Senate Print 5870,

        18       an act in relation to authorizing.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       There is a home-rule message at the desk.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Call the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Announce the results.

         4                  THE SECRETARY:    Ayes, 61.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       The bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       420, by Senator Fuschillo, Senate Print 5140,

         9       an act to authorize the Wantagh Memorial

        10       Congregational Church to file an application.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Read the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Call the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Announce the results.

        20                  THE SECRETARY:    Ayes, 60.  Nays,

        21       1.  Senator Bonacic to be recorded in the

        22       negative.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       The bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       479, by Senator Breslin, Senate Print 3499A,

         2       an act to amend the Insurance Law.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Read the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Call the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Announce the results.

        12                  THE SECRETARY:    Ayes, 61.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       The bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       480, by Senator Breslin --

        17                  SENATOR KLEIN:    Lay the bill

        18       aside for the day.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The bill is laid aside for the day.

        21                  THE SECRETARY:    Calendar Number

        22       510, by Senator Stavisky, Senate Print 1742A,

        23       an act to amend the Real Property Tax Law.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Read the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Call the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Announce the results.

         8                  THE SECRETARY:    Ayes, 60.  Nays,

         9       1.  Senator Ranzenhofer to be recorded in the

        10       negative.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       The bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       512, by Assemblyman V. Lopez, Assembly Print

        15       2364, an act to amend the Private Housing

        16       Finance Law.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Read the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Call the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Announce the results.



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         1                  THE SECRETARY:    Ayes, 61.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The bill is passed.

         4                  Senator Klein, that completes the

         5       reading of the calendar.

         6                  SENATOR KLEIN:    Madam President,

         7       at this time can we please go to a reading of

         8       the supplemental active list.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       The Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       514, by Senator Serrano, Senate Print 7776A,

        13       an act in relation to requiring the Office of

        14       Parks.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Read the last section.

        17                  SENATOR PADAVAN:    Lay it aside.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       The bill is laid aside.

        20                  Senator Klein, that completes the

        21       reading of the noncontroversial supplemental

        22       calendar.

        23                  SENATOR KLEIN:    Madam President,

        24       at this time can we please go to a reading of

        25       the controversial supplemental active list.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The Secretary will please ring the bell.

         3                  Members are all asked to come to

         4       the chamber for the reading of the

         5       controversial supplemental active list.

         6                  The Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       514, by Senator Serrano, Senate Print 7776A,

         9       an act in relation to requiring the Office of

        10       Parks.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Senator Flanagan, on the bill.

        13                  SENATOR FLANAGAN:    Thank you,

        14       Madam President.  Would Senator Serrano yield

        15       to a couple of questions?

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Senator Serrano, do you yield?

        18                  SENATOR SERRANO:    Absolutely.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator Serrano yields, Senator Flanagan.

        21                  SENATOR FLANAGAN:    Thank you.

        22                  Senator Serrano, I was looking at

        23       this bill not only in its specificity but in

        24       context of some of the things that are going

        25       on or not going on.



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         1                  So the first question is, is there

         2       an appropriation in this bill?

         3                  SENATOR SERRANO:    Madam

         4       President, through you.  Senator Flanagan,

         5       there is not an appropriation, because in

         6       every week's extender bill there is an

         7       appropriation for all state agencies,

         8       including Parks.

         9                  The indication from the Office of

        10       Parks, through Commissioner Ash, is that the

        11       funding that's included in those extenders is

        12       sufficient for them to maintain the operation

        13       levels as they have up until this time.  And

        14       it would allow them to move forward with the

        15       park operations as they pertain to getting

        16       ready for the summer season, hiring

        17       lifeguards, getting the parks open.

        18                  Right now we are in danger of

        19       having our parks not open for Memorial Day,

        20       and this will give us the opportunity to do

        21       that.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Excuse me, Senator.

        24                  May we have order in the chamber,

        25       please.



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         1                  Senator.

         2                  SENATOR FLANAGAN:    Madam

         3       President, would Senator Serrano continue to

         4       yield.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Senator Serrano, do you continue to yield?

         7                  SENATOR SERRANO:    Yes.

         8                  SENATOR FLANAGAN:    Senator

         9       Serrano, I'm trying to listen very carefully.

        10       And you may have opened the door on something

        11       that could be enlightening, in that you're

        12       saying that there's general appropriation

        13       authority in each extender bill, and you as

        14       chair of the committee have had ongoing

        15       discussions with Commissioner Ash and Parks

        16       representatives and there appears to be some

        17       fungibility in those funds.

        18                  So my basic question, then, is if

        19       they felt they could do this, why the heck are

        20       they closing the parks?  Why are we going

        21       through this rain dance, or this song and

        22       dance on something that it appears could be

        23       fixed administratively?

        24                  SENATOR SERRANO:    Through you,

        25       Madam President.  Senator Flanagan, excuse me



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         1       if I wasn't clear in my response.

         2                  The bill that we have in front of

         3       us will give, in language, the authorization

         4       for the Office of Parks to move forward with

         5       getting ready for the summer season.

         6       Currently, they're not able to do that in each

         7       extender because the language is for very

         8       bare-bones operations at state agencies.

         9                  And then so what I'm saying is that

        10       the funding that exists within each of the

        11       extenders, if they had authorization, they

        12       could use those funds to continue funding

        13       parks or operating parks at previous budget

        14       levels.

        15                  SENATOR FLANAGAN:    Madam

        16       President, would Senator Serrano continue to

        17       yield.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Senator Serrano, do you continue to yield?

        20                  SENATOR SERRANO:    Yes.

        21                  SENATOR FLANAGAN:    If I follow

        22       that logic, then it would seem to me that we

        23       could have bills on the floor for education,

        24       for healthcare, for transportation, things

        25       that we've argued about here before that we've



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         1       offered amendments on which you and your

         2       colleagues have voted against.

         3                  So your argument is that we need

         4       this specific bill to give Parks the authority

         5       to spend at last year's level, but with no

         6       appropriation.

         7                  SENATOR SERRANO:    Madam

         8       President, through you.  Senator Flanagan, the

         9       indication that I've been given is that no

        10       additional appropriation is needed and that

        11       the money that is included in the bare-bones

        12       extenders is sufficient enough for the

        13       operations to sort of bridge until we get a

        14       final budget in place.

        15                  And to -- and, I'm sorry, through

        16       you, Madam President, to answer your other

        17       concerns, the issue of parks, as chair of the

        18       Committee on Parks, and seeing the broad

        19       bipartisan support that we've had on this

        20       issue, Senator, we've seen both sides of the

        21       aisle agree on the notion of saving parks;

        22       we've seen actually both houses here in the

        23       Legislature agree on this as well.

        24                  I can't speak to any of the other

        25       parts of this budget.  My only concern at this



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         1       moment is parks.  And I'm trying to do

         2       anything that I can, in my power, to try to

         3       find a way to keep the parks open.

         4                  Of course, what is most optimal is

         5       to have a budget in place that closes the gap

         6       that prevents any closure of parks.  Until we

         7       reach that point, this bill will act as a

         8       bridge to at least give Parks the authority to

         9       move forward with their operations in a way

        10       that hopefully we won't lose the entire summer

        11       season.

        12                  Because, Senator, as you know, the

        13       parks provide a tremendous economic benefit to

        14       our state.  Every dollar that's invested in

        15       parks reaps $5 in revenue.  And they provide

        16       tremendous recreational opportunities and

        17       outlets for our community.  In a recession, we

        18       need our state parks more than ever.

        19                  So while I understand your concern

        20       about why this isn't happening at other levels

        21       and in other areas, I can't stress enough how

        22       important it is that we keep these state parks

        23       open, and both sides of the aisle agree on

        24       this.

        25                  SENATOR FLANAGAN:    Thank you,



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         1       Senator Serrano.

         2                  Madam President, on the bill.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       On the bill.

         5                  SENATOR FLANAGAN:    Thank you.

         6                  I appreciate the comments of the

         7       sponsor.  And I'm going to make a clear

         8       distinction.  I believe Senator Serrano to be

         9       a thoughtful legislator, sincere in his

        10       approach, genuine in his effort to try and

        11       address this issue.  He is a gentleman in

        12       every respect, and I appreciate that very

        13       much.

        14                  To the bill itself, I think this

        15       bill is a great example of why Albany is so

        16       messed up -- right at this juncture, before,

        17       and probably prospectively for a little bit of

        18       time.

        19                  Senator Serrano is correct, the

        20       failure is in not having a budget on time,

        21       which could have and should have been done by

        22       April 1st.  There is no reason, no legitimate

        23       reason why a budget could not have been done.

        24       We have had eight extenders, we've had a lot

        25       of emergency appropriation bills that frankly



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         1       we didn't need.  There should have been open

         2       debate, open dialogue.

         3                  There was an amendment offered

         4       yesterday which would have rectified this

         5       problem and done so in what I believe would

         6       have been a more appropriate fashion, but the

         7       majority voted it down.

         8                  So now we have a bill before us

         9       that doesn't have an appropriation.  And when

        10       we've had these discussions before, Senator

        11       Klein has gotten up and said that we are

        12       offering amendments that he believes to be

        13       either non-germane or unconstitutional because

        14       we can't add items of appropriation.

        15                  And in essence, that's exactly what

        16       we're doing with this bill, even though it's

        17       not specified that way.  We're saying that

        18       they can spend at last year's level, which

        19       means in essence we are changing the

        20       Governor's budget as it was presented to us.

        21       If there were going to be a legal problem --

        22       and not that I necessarily agree with the

        23       approach that Senator Klein has taken, but we

        24       have to be consistent.

        25                  So we don't have an appropriation.



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         1       We certainly don't have an agreement.  And

         2       even though everyone appears to be in support

         3       of the parks, I'm looking at a list of 81

         4       closures; there's only a couple in the City of

         5       New York.  Most of them are scattered around

         6       the state.  I have a couple in my own district

         7       where people are calling all the time.  We all

         8       get the same kind of calls.  And it's frankly

         9       embarrassing that we even have to have a piece

        10       of legislation like this before us.

        11                  Again, I'll distinguish between the

        12       sponsor and what is going on in relation to

        13       this issue and the budget.  But perhaps the

        14       most disconcerting part to me is listening to

        15       how this gets explained.

        16                  I'm trying to think, how do I go

        17       back now to the people that I represent -- or,

        18       for that matter, any one of us -- and say, you

        19       know, we actually did a bill, we didn't really

        20       put any money behind the bill, but we did a

        21       bill so that we could try and keep the parks

        22       open, and we found out during that discussion

        23       that while we do these extenders there's a

        24       slush fund for the Parks Department that they

        25       are not utilizing properly.



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         1                  So when I hear about their

         2       opportunity to potentially keep the parks

         3       open, I say to myself is this a failure in

         4       leadership, is it a failure in management, is

         5       it a failure to follow through, or is this

         6       just a quintessential high-stakes game of

         7       chicken hanging the issue of parks over

         8       everybody's head?

         9                  It's an abysmal failure that we're

        10       approaching Memorial Day and we're having a

        11       discussion about whether or not state parks

        12       should be open.  That's absolutely absurd,

        13       it's ridiculous, and it's not the way things

        14       should be done.

        15                  Everybody should be in agreement.

        16       The Governor -- if people are of goodwill, we

        17       should have had this in an extender.  But we

        18       don't.  This is aiming at the target and

        19       shooting this way and shooting that way.

        20       We're not hitting the bull's-eye.  And that

        21       ill serves the people of this state.

        22                  Having said all that, I join your

        23       effort, and I am going to vote in favor of

        24       this even though I have disdain for how we're

        25       moving this ship forward, if you will.  We



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         1       need to do a lot better.  And frankly, the

         2       taxpayers deserve a lot better than they're

         3       getting, not only in relation to the budget

         4       but specifically as it relates to parks.

         5                  Thank you.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Thank you, Senator Flanagan.

         8                  Senator Serrano.

         9                  SENATOR SERRANO:    On the bill.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Senator Serrano, on the bill.

        12                  SENATOR SERRANO:    And I

        13       appreciate your comments, Senator Flanagan,

        14       and I return the comment to you, Senator.  You

        15       are a gentleman and a friend.  And I

        16       appreciate your remarks.

        17                  I obviously feel a bit different

        18       than you about this bill.  Yes, I'm concerned

        19       about where we are as far as a budget is

        20       concerned.  But I obviously feel a bit more

        21       upbeat about the notion of the bipartisan

        22       support that we've had on this bill.

        23                  I think that it's a relatively --

        24       when you look at the entire scope of our state

        25       budget, it is a relatively small amount of



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         1       money that will do so much to save state

         2       parks.  We're not talking about an enormous

         3       amount of money, we're talking about a

         4       relatively small amount that will prepare our

         5       parks for the summer season and get us there.

         6                  Yes, I agree, there is a lot of

         7       different things that we could be doing

         8       better.  But we shouldn't cut off our nose to

         9       spite our faces.  If there's a way that we can

        10       try to find to try to get these parks to

        11       remain open -- and I look at this letter that

        12       I sent to the Governor that is a completely

        13       bipartisan letter, with Republicans and

        14       Democrats from this chamber.  When we think

        15       about the press conference that we had earlier

        16       in the budget season, which had not only

        17       Democrats and Republicans from this house but

        18       from the Assembly as well -- a very rare feat

        19       in Albany standards -- I can't help but think

        20       that here's an example of legislators working

        21       together.

        22                  I really think that we owe it to

        23       the people of the State of New York to leave

        24       no stone unturned to try to find a way to keep

        25       our parks open.  You indicated -- Senator



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         1       Flanagan indicated in his remarks, Madam

         2       President, that the brunt of the burden of

         3       these closures is in places outside of

         4       New York.

         5                  Now, I represent East Harlem and

         6       the South Bronx.  I don't think I have any in

         7       my district that are in danger of closing, or

         8       maybe a couple.  But yes, the majority of this

         9       is throughout the state.

        10                  But if you believe in the economic

        11       engine that our parks and our cultural

        12       institutions and historic sites generate, if

        13       you think about the number of camping

        14       reservations that are not being made right now

        15       because we don't have our parks operating, and

        16       when you think about the number of staycations

        17       that are not being planned -- and in a

        18       recession, that is the time for staycations,

        19       and people of the State of New York are

        20       looking for things to do throughout the

        21       state -- if we don't act quickly, if we don't

        22       act in a fashion that allows our parks to move

        23       very quickly -- and it should be noted that

        24       this is a two-house bill, and I believe the

        25       other bill in the Assembly is being passed



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         1       today as well -- we will lose that

         2       opportunity.

         3                  So I commend Senator Flanagan for

         4       his remarks and his passion on behalf of

         5       parks, and I commend my colleagues from both

         6       sides of the aisle here in the Senate as well

         7       as my colleagues in the Assembly for

         8       supporting this bill and trying to find a way,

         9       any way that we can, to bridge that gap while

        10       we work to get this budget done to allow our

        11       parks to remain open for the economic impact

        12       and for the spiritual impact that they have on

        13       the people of the State of New York.

        14                  Thank you, Madam President.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Thank you, Senator.

        17                  Senator Fuschillo.

        18                  SENATOR FUSCHILLO:    Thank you,

        19       Madam President.  Would Senator Serrano answer

        20       a question?

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Senator Serrano, will you yield for a

        23       question?

        24                  SENATOR SERRANO:    Absolutely.

        25                  SENATOR FUSCHILLO:    Senator, I



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         1       too agree with Senator Flanagan; I want to

         2       thank you for putting this legislation forth.

         3                  But I have to ask you a question on

         4       a response that you had made to Senator

         5       Flanagan.  You said that there's enough money

         6       in the extenders to keep the operation of the

         7       parks going.  Now, as far as I'm concerned --

         8       and I listened to Senator Kruger and I

         9       listened to Senator DeFrancisco debate the

        10       extenders every Monday, and they do it with

        11       great detail.  And I get the briefing on the

        12       extenders.  And it's very specific where the

        13       money is intended to go.

        14                  So my question to you is, is there

        15       a slush fund that is being created with these

        16       extenders that is un-itemized -- it's not

        17       specific, it's not detailed in where it's

        18       going -- based on your statement that there's

        19       enough money in the extenders?

        20                  SENATOR SERRANO:    Madam

        21       President, through you.  Senator, I thank you

        22       for your question.  No.  To my knowledge, this

        23       isn't a situation where there's a slush fund

        24       or anything like that.

        25                  What we have been told by the



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         1       Department of Parks is that within the

         2       extenders there is money, week-to-week money,

         3       but the language within the extenders does not

         4       give authorization.

         5                  Now, if you're looking at the major

         6       gap to fill in Parks, that's something that

         7       needs to be done in the budget.  We're talking

         8       about, you know, $6 million or $11 million --

         9       you know, there's some discussion on which is

        10       it -- to stave off the 51 park closures.

        11                  But just to get us from one week to

        12       the next, there is enough funds within each

        13       extender appropriation.  That has been

        14       indicated to me by the Office of Parks.

        15                  SENATOR FUSCHILLO:    Madam

        16       President, would Senator Serrano yield for one

        17       more question.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Senator Serrano, do you continue to yield?

        20                  SENATOR SERRANO:    Absolutely.

        21                  SENATOR FUSCHILLO:    Senator, so

        22       where is the money?

        23                  SENATOR SERRANO:    The money is

        24       within the extenders.

        25                  SENATOR FUSCHILLO:    Would Senator



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         1       Serrano yield for another question.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Senator Serrano, do you continue to yield?

         4                  SENATOR SERRANO:    Yes,

         5       absolutely.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Senator Fuschillo.

         8                  SENATOR FUSCHILLO:    Can you

         9       specifically state where the money is?

        10                  SENATOR SERRANO:    I don't have

        11       that information.  The only thing that I have

        12       been told has been that the money exists

        13       within the extenders and that they -- meaning

        14       they, the Office of Parks -- does not have

        15       authorization to engage in the activities that

        16       we are outlining in our bill.  Therefore, the

        17       money remains unspent.

        18                  SENATOR FUSCHILLO:    Thank you,

        19       Senator Serrano.

        20                  Madam President, just on the bill.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Senator Fuschillo, on the bill.

        23                  SENATOR FUSCHILLO:    You know,

        24       this raises great concern to all of us here in

        25       these chambers.



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         1                  And I'll preface this to Senator

         2       Kruger and Senator DeFrancisco, our chair and

         3       ranker for Finance, that we're voting on

         4       extenders, whether yea or nay -- can we have a

         5       little order in the house?

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       (Gaveling.)

         8                  SENATOR FUSCHILLO:    We're voting

         9       on extenders, whether yes or no, that aren't

        10       specific.  And evidently there's money there,

        11       based on Senator Serrano's answer, that

        12       departments can utilize if we bring forth

        13       legislation.

        14                  Well, next week I think we should

        15       bring forth legislation that appropriates

        16       money to the State Education Department, and

        17       we should bring forth legislation that

        18       appropriates money to OMRDD, and we should

        19       bring legislation that appropriates money that

        20       was taken out of SUNY, the higher education,

        21       and puts money back there.  Because if there's

        22       money in the extenders --

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Senator Kruger, why do you rise?

        25                  SENATOR CARL KRUGER:    As a point



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         1       of information.

         2                  SENATOR FUSCHILLO:    Thank you.

         3                  SENATOR CARL KRUGER:    What we're

         4       talking about are -- you have to quantify it.

         5       Approximately $6 million is what's needed to

         6       open the gates to start cutting the grass and

         7       doing what has to get done to get the parks

         8       open.

         9                  Within the narrow scope of that

        10       extender, there is the ability to manipulate,

        11       for lack of a better term, that little bit of

        12       money for a short period of time to sort of,

        13       you know, turn on the lights.

        14                  But in the longer scope of

        15       things -- you know, the Governor's proposal in

        16       his bill dealing with parks has an $80 million

        17       cut, and the $80 million cut would have

        18       decimated the aquariums, the zoos and done all

        19       the things that we're trying to avoid.  So I

        20       think the confusion lies with what we actually

        21       can attain.

        22                  Now, while we're appropriating

        23       money in the extender to pay the day-to-day

        24       operation for our school budget, that's just

        25       what we're talking about, the day-to-day



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         1       operation for a very small window of time.  So

         2       we could not sustain the parks indefinitely

         3       using either Senator Serrano's bill or the

         4       small amount of money that exists in that

         5       weekly extender, but certainly we can open up

         6       the gates, turn the lights on, get the grass

         7       cut and start the process going.

         8                  Thank you, Madam President.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Thank you, Senator Kruger.

        11                  Senator Fuschillo, would you like

        12       to continue?

        13                  SENATOR FUSCHILLO:    I'd like to

        14       finish.  But would Senator Kruger now answer a

        15       question?

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Senator Kruger, would you please yield for a

        18       question?

        19                  SENATOR FUSCHILLO:    Just one

        20       question.  Yes?

        21                  SENATOR CARL KRUGER:    Yes.

        22                  SENATOR FUSCHILLO:    So in that

        23       manipulation of the extenders, where would you

        24       manipulate to find $6 million that has been

        25       specifically voted on and appropriated out of



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         1       what the Senate is voting on?

         2                  SENATOR CARL KRUGER:    Well, you

         3       don't -- again, through you, Madam President.

         4       Again, we don't even need $6 million.  We need

         5       a small amount of money.  This bill would

         6       enable the agency to move their available cash

         7       into an operating mode so once again, because

         8       of the time constraints that are involved, we

         9       would be able to hopefully try to start

        10       meeting that Memorial Day weekend.

        11                  It's a very short stopgap measure

        12       of once again doing things within the agency

        13       to create that small little pot of money.

        14                  Thank you, Madam President.

        15                  SENATOR FUSCHILLO:    Thank you.

        16                  Would Senator Serrano answer just

        17       one further question.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Senator Serrano, do you yield?

        20                  SENATOR SERRANO:    Absolutely.

        21                  SENATOR FUSCHILLO:    Senator, is

        22       there an Assembly sponsor?  And did the

        23       Assembly pass your bill?

        24                  SENATOR SERRANO:    Yes, there is

        25       an Assembly sponsor.  My counterpart, the



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         1       chair of the Parks Committee, Assemblyman

         2       Steve Englebright, is also passing the bill

         3       today.  Today he will pass it.

         4                  SENATOR FUSCHILLO:    Thank you,

         5       Senator.

         6                  You know, again, I want to conclude

         7       by saying while it's well-intended, this has

         8       opened up a whole new world for us in this

         9       Senate to think about, when an extender comes

        10       before this house next week, about, as Senator

        11       Kruger said, the manipulation of funds.

        12                  And I think we should be concerned

        13       about that because, as I stated before, I'd

        14       like to see bills like this come up where

        15       other departments can manipulate their funds,

        16       for lack of a better word, to put more funds

        17       into education, higher education, OMRDD and

        18       other necessary programs in the state.

        19                  Thank you very much, Madam

        20       President.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Thank you, Senator.

        23                  Senator Padavan.

        24                  SENATOR PADAVAN:    Thank you,

        25       Madam President.



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         1                  You know, we can kick this can

         2       around all day, but here's what it boils down

         3       to.  Maybe about five hours ago I heard the

         4       Governor say "It's only $5 million, but the

         5       Legislature has not provided those funds for

         6       me to open the parks this weekend."  That was

         7       an unequivocal statement on his part.  And to

         8       my knowledge, we have not done that.

         9                  Now, you know, with all due respect

        10       to anyone in this chamber, I don't believe the

        11       Governor would have said that if it weren't a

        12       matter of fact.

        13                  So now what you're doing is you're

        14       misleading the people of this state, who,

        15       based on this bill and what you say will

        16       happen in the Assembly, are going to go to

        17       their parks this weekend and the gates will be

        18       closed or the services not provided.  That is

        19       disingenuous.

        20                  Now, if the Governor says the

        21       $5 million -- and that's the figure he used --

        22       is not there and that unless it's provided

        23       this week in some fashion the parks will not

        24       open, or at least those who have been

        25       indicated that will not open, what are we



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         1       doing here?  Write a letter home to our

         2       constituents and say we voted for a bill to

         3       open the parks?

         4                  Or is there anything meaningful

         5       here that will satisfy the Governor, who

         6       ultimately, through his commissioners, must do

         7       what you want them to do, open up the parks?

         8       That's not a question.  You can answer it if

         9       you wish.  But I think that we are kidding

        10       ourselves here if you're suggesting that this

        11       bill is going to solve the problem.  Because

        12       it's not.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Little.

        15                  SENATOR LITTLE:    Thank you, Madam

        16       President.

        17                  Certainly I too, as the ranking

        18       member on the Tourism Committee, understand

        19       the need, as does Senator Serrano, who has

        20       worked hard to have this happen, the need to

        21       have these parks open.  Because here we are

        22       approaching Memorial Day.  There are people in

        23       this state who had intended to use these

        24       parks -- and especially, with this economy,

        25       would use these parks more than ever -- whose



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         1       taxpayers' dollars have actually paid for

         2       these parks and paid for the upkeep of these

         3       parks in previous years.  And here we were

         4       going to tell them that these parks were going

         5       to be closed.

         6                  The other victims of closing the

         7       parks are the seasonal workers who would not

         8       have a job for the summer, who are hanging in

         9       the wind as to whether they would be used or

        10       not used or where they were going to stand and

        11       how they were going to provide any income

        12       during the summer season.

        13                  So I'm pleased that we have somehow

        14       found the money to keep these parks open and

        15       they will be open for Memorial Day weekend.

        16       But I would ask -- and maybe before I ask to

        17       explain that when the Department of Parks,

        18       Recreation and Historic Preservation was

        19       formed, all of the campgrounds and parks

        20       within the Adirondack Park and the Catskill

        21       Park were not given to them to supervise.

        22       They were not under the jurisdiction of Parks,

        23       Recreation, whatever.  They have remained with

        24       DEC, and DEC is closing parks.

        25                  We had a meeting this morning about



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         1       one of the parks, the Moose River Plains,

         2       which is a 40-mile road in the Forest Preserve

         3       with 170, 180 primitive campsites, purchased

         4       with state land, and the gate is closed.  The

         5       answer was people can go around the gate and

         6       if they can make their way down the road 10,

         7       12 miles, or even if they have a wheelchair,

         8       they can get around there.  But this park was

         9       handicapped-accessible.  And closing it with a

        10       gate, it's not handicapped-accessible.

        11                  This park, the Schroon Manor

        12       Park -- there's so many parks within the

        13       Adirondack Park and the Catskill Park that are

        14       being closed this year.  And when you put up

        15       "Closed for the Summer" signs, a lot of people

        16       change their plans and there's a lot of damage

        17       that we're not going to be able to correct.

        18                  But my question is, since you have

        19       found $6 million to be able to keep the other

        20       parks open, if we could find an additional

        21       $2 million to be able to solve this problem

        22       with DEC.

        23                  At the meeting this morning we had

        24       the supervisors of the Town of Inlet and

        25       Indian Lake.  We also had Old Forge and Webb



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         1       who have agreed.  And those towns are so

         2       desperate because of the economic impact of

         3       this park, the Moose River Plains, to their

         4       summer economy -- which is their only economy,

         5       basically -- that they're willing to try to

         6       help.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Serrano, why do you rise?

         9                  SENATOR SERRANO:    I'm just trying

        10       to clarify if the Senator is asking me a

        11       question.  I'd be more than happy to answer

        12       it.

        13                  SENATOR LITTLE:    I was getting to

        14       it.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Senator Little, do you wish --

        17                  SENATOR LITTLE:    I do have a

        18       question.  And I'm just trying to point out

        19       that at this morning's meeting, that we're

        20       looking for the towns to come up with the

        21       money to keep this park open.  And, you know,

        22       the towns don't have any more money than the

        23       state does in this kind of situation.

        24                  And so listening that there is some

        25       money available, could we make $2 million



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         1       available so that the parks within the

         2       Adirondacks and the Catskills under DEC's

         3       jurisdiction would also be able to open?

         4                  SENATOR SERRANO:    Through you,

         5       Madam President.  First of all, I want to

         6       thank you for your advocacy on behalf of

         7       parks.  And as the ranking member of this

         8       committee, you've been amazing in trying to

         9       find ways to keep our parks open.

        10                  And I agree with you wholeheartedly

        11       on your idea of finding $2 million to keep the

        12       parks within the DEC realm open.  However,

        13       that's a different agency, and I haven't dealt

        14       with that.  And I don't know the answer to

        15       your question.

        16                  But conceptually, I would be in

        17       support of that as well, but it's just not

        18       anything that I have explored.

        19                  SENATOR LITTLE:    Thank you.

        20                  Continuing on the bill, though,

        21       this is extremely important to the economy of

        22       the Adirondacks and the Catskills.  And the

        23       reason these parks are with DEC has always

        24       been a question to me and something I didn't

        25       quite understand, why they aren't moved to



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         1       Parks and Recreation.

         2                  But to see that this is happening

         3       where the other parks are being saved and they

         4       are not -- and DEC claims that they don't have

         5       any money to keep these open, and yet we're

         6       talking here about some kinds of money in the

         7       extender bill that every agency must have to

         8       be able to keep these parks open.

         9                  This is Memorial Day weekend.

        10       These people have just paid their taxes.

        11       These taxes go for the state lands.  The state

        12       continues to purchase more land.  And now

        13       we're seeing that the access to that land is

        14       being denied to the taxpayers at a time when

        15       they would enjoy it the most.

        16                  So I would like to work to see that

        17       the Adirondacks and the Catskills will get the

        18       same benefit as the -- and I have parks that

        19       are under Parks and Recreation that I'm really

        20       glad are going to be able to be kept open.

        21       But I think we have more work to do, as well

        22       as getting the budget accomplished.

        23                  Thank you.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Thank you, Senator.



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         1                  Senator Serrano.

         2                  SENATOR SERRANO:    And just to

         3       conclude my thought, Senator Padavan had

         4       mentioned that the Governor had indicated that

         5       $5 million or 6 million -- I'm not sure what

         6       the number is -- is what is needed to keep

         7       parks open.  And yeah, that's a correct

         8       statement in the long term.  If you wanted to

         9       shut this budget down and actually maintain

        10       parks for the rest of the year, yes, that is

        11       the answer.

        12                  But that's not what I'm trying to

        13       do here in this bill.  This bill is a stopgap

        14       measure just to get us from week to week so

        15       that Parks can move forward with their

        16       operation.  So Senator Padavan was not

        17       incorrect in his statement, but that's not

        18       exactly what I'm trying to do here with this

        19       bill.  I'm trying to save parks now, short of

        20       a budget being done.

        21                  Thank you.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Thank you, Senator.

        24                  Are there any other Senators

        25       wishing to be heard on the bill?



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         1                  Hearing none, the debate is closed.

         2                  The Secretary will please ring the

         3       bells.

         4                  SENATOR FARLEY:    Madam President,

         5       point of personal privilege.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Senator Farley, what is your point of personal

         8       privilege?

         9                  SENATOR FARLEY:    Point of

        10       personal privilege.  I'd just like to announce

        11       to my colleagues that today is Senator

        12       Maziarz's 57th birthday.

        13                  (Applause.)

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Happy birthday, Senator Maziarz.

        16                  SENATOR MAZIARZ:    I feel much

        17       older.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Senator Volker, is it your birthday?

        20                  SENATOR VOLKER:    Can I just make

        21       an announcement, as long as we're waiting,

        22       that tomorrow is the Legislative Memorial

        23       Service, at 8 o'clock at St. Mary's Church,

        24       and then we'll have the breakfast afterwards.

        25                  I just thought this was a good time



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         1       to make the announcement, okay.  So it's

         2       tomorrow morning.  All right?  Thank you.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Read the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Call the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Senator DeFrancisco, to explain his vote.

        12                  SENATOR DeFRANCISCO:    Yes.

        13       Everyone on this side of the aisle obviously

        14       is going to support this bill to keep the

        15       parks open.  If it weren't the case, we

        16       wouldn't be offering amendments week after

        17       week to keep the parks open.

        18                  The difference between our efforts

        19       and this effort is that each time we offer an

        20       amendment like yesterday, that was soundly

        21       defeated by everyone on the other side of the

        22       aisle, we had an appropriation amount

        23       associated with it:  $6 million taken from the

        24       New York State Power Authority.  That made it

        25       real.  Why a real bill would be rejected over



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         1       a bill that it's a feel-good bill is beyond

         2       me.

         3                  Every single appropriation bill has

         4       this language:  "No monies appropriated by

         5       this chapter shall be available for payment

         6       until a certificate of approval has been

         7       issued by the Director of the Budget, who

         8       shall file the certificate," et cetera.

         9                  To claim that there is some type of

        10       manipulation or slush fund is pure sophistry.

        11       The Governor at the open conference meeting

        12       today said he will not approve the parks

        13       opening unless there's some money that's saved

        14       in another location.

        15                  So we're all voting yes knowing

        16       full well that unfortunately this is

        17       meaningless without the acceptance of the

        18       Governor, and the only way to keep the parks

        19       open is to get a budget.  And we would

        20       certainly hope that we would start working on

        21       a budget before all parks are closed and

        22       there's no money for anything.

        23                  Thank you, Madam President.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Senator DeFrancisco to be recorded in the



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         1       affirmative.

         2                  Are there any other Senators

         3       wishing to explain his or her vote?

         4                  Announce the results.

         5                  THE SECRETARY:    Ayes, 59.  Nays,

         6       0.

         7                  Absent from voting:  Senators

         8       Sampson and Schneiderman.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       The bill is passed.

        11                  Senator Serrano, that completes the

        12       reading of the controversial supplemental

        13       active list.

        14                  SENATOR SERRANO:    Thank you,

        15       Madam President.  Can we return to the order

        16       of motions and resolutions.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Returning to the order of motions and

        19       resolutions.

        20                  Senator Serrano.

        21                  SENATOR SERRANO:    Madam

        22       President, at this time I move to recall

        23       Senate Resolution Number 3840, by Senator

        24       Seward, which was previously adopted on

        25       February 9th.  I ask that the title of the



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         1       resolution be read and that Senator Seward be

         2       given the opportunity to speak on the

         3       resolution.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Thank you, Senator.

         6                  The Secretary will read.  May I

         7       please have order in the chamber.

         8                  The Secretary will read.

         9                  THE SECRETARY:    By Senator

        10       Seward, Legislative Resolution Number 3840,

        11       commending the Honorable Anna Marie

        12       Lusins-McLachlan upon the occasion of her

        13       retirement after 20 years of distinguished

        14       service on the Oneonta Town Board.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Senator Seward.

        17                  SENATOR SEWARD:    Thank you, Madam

        18       President.

        19                  I'm very pleased to rise to pay

        20       tribute to a very distinguished woman from my

        21       district who has played such a leading role in

        22       the growth of her community and touching

        23       countless number of lives along the way, both

        24       in local government and throughout the

        25       community as a leader.



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         1                  Marie Lusins-McLachlan has spent,

         2       as the resolution stated, two decades as a

         3       member of the Oneonta Town Board.  And in that

         4       capacity, she has helped to usher great

         5       progress in her community, constantly focusing

         6       on the needs of the people of that township.

         7                  And as someone who always had her

         8       finger on the pulse of the community, Marie

         9       was able to recognize the needs of the people

        10       and also find ways to fulfill those needs.

        11                  For example, she helped develop a

        12       countywide food bank called Community

        13       Connection, assisting food pantries throughout

        14       Otsego County helping those in need.  Marie

        15       also recognized the need for healthcare for

        16       many struggling to pay their healthcare bills

        17       and helped develop the Oneonta Community

        18       Health Center, a free clinic for those in

        19       need.

        20                  And her advocacy did not stop at

        21       the borders of her community.  She actually

        22       rose through the ranks of the New York State

        23       Association of Towns and Townships and spent a

        24       year as president of that organization that

        25       represents all of the 932 towns and townships



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         1       throughout the State of New York.

         2                  You know, Marie also used a

         3       personal tragedy in her family as a source of

         4       motivation for her community care.  A brain

         5       tumor that eventually claimed the life of her

         6       daughter led her to work as a tireless

         7       advocate for the mentally and physically

         8       challenged, both children and adults.

         9                  And Marie served as president of

        10       the Otsego County ARC and currently serves on

        11       the surrogate decision-making committee,

        12       continuing to make sure that those who need

        13       those services receive those services as well

        14       as essential care.

        15                  Now, I could go on and on.  This is

        16       just a sample of her very distinguished life

        17       and career of service.  But I'm very, very

        18       pleased to have Marie Lusins-McLachlan here

        19       with us today up front here in the Richardson

        20       chairs, along with her husband, Richard, and

        21       her daughter Gillian.

        22                  And I'm very, very pleased to rise

        23       to honor her for her two decades of service on

        24       the town board -- but more than that, a

        25       lifetime of service to her community.  And I'm



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         1       very, very delighted that all of my colleagues

         2       have joined me by the passage of this

         3       resolution.

         4                  Congratulations, Marie.

         5                  (Applause.)

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Certainly congratulations.

         8                  And this resolution was previously

         9       adopted on February 9th.  So again,

        10       congratulations for all you've done.

        11                  Senator Serrano.

        12                  SENATOR SERRANO:    Thank you,

        13       Madam President.

        14                  On behalf of Senator Oppenheimer,

        15       on page 19 I offer the following amendments to

        16       Calendar Number 231, Senate Print Number

        17       6776A, and I ask that said bill retain its

        18       place on Third Reading Calendar.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       So ordered.

        21                  Senator Serrano.

        22                  SENATOR SERRANO:    Madam

        23       President, is there any further business at

        24       the desk?

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Senator Serrano, the desk is clear.

         2                  SENATOR SERRANO:    There being no

         3       further business at the desk, I move that we

         4       adjourn until Wednesday, May 26th, at

         5       3:00 p.m.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       There being no further business to come before

         8       the Senate, on motion, the Senate stands

         9       adjourned until Wednesday, May 26th, at

        10       3:00 p.m.

        11                  (Whereupon, at 4:52 p.m., the

        12       Senate adjourned.)

        13

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24

        25



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