Regular Session - June 10, 2010

                                                            4965



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     June 10, 2010

        11                      12:01 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18

        19  SENATOR DAVID J. VALESKY, Acting President

        20  ANGELO J. APONTE, Secretary

        21

        22

        23

        24

        25



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         1                 P R O C E E D I N G S

         2                  ACTING PRESIDENT VALESKY:    The

         3       Senate will please come to order.

         4                  I ask everyone present to please

         5       rise and recite with me the Pledge of

         6       Allegiance.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT VALESKY:    In the

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

        11       moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT VALESKY:    The

        15       reading of the Journal.

        16                  The Secretary will read.

        17                  THE SECRETARY:    In Senate,

        18       Wednesday, June 9, the Senate met pursuant to

        19       adjournment.  The Journal of Tuesday, June 8,

        20       was read and approved.  On motion, Senate

        21       adjourned.

        22                  ACTING PRESIDENT VALESKY:

        23       Without objection, the Journal stands approved

        24       as read.

        25                  Presentation of petitions.



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         1                  Messages from the Assembly.

         2                  Messages from the Governor.

         3                  Reports of standing committees.

         4                  Reports of select committees.

         5                  Communications and reports from

         6       state officers.

         7                  Motions and resolutions.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Thank you,

        10       Mr. President.

        11                  First, on behalf of Senator Parker,

        12       on page number 40 I offer the following

        13       amendments to Calendar Number 518, Senate

        14       Print Number 4291A, and ask that said bill

        15       retain its place on Third Reading Calendar.

        16                  ACTING PRESIDENT VALESKY:    The

        17       amendments are received.

        18                  SENATOR KLEIN:    On behalf of

        19       Senator Craig Johnson, on page 38 I offer the

        20       following amendments to Calendar Number 481,

        21       Senate Print Number 6309A, and ask that said

        22       bill retain its place on Third Reading

        23       Calendar.

        24                  ACTING PRESIDENT VALESKY:

        25       Amendments received.



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         1                  SENATOR KLEIN:    Mr. President, on

         2       behalf of Senator Craig Johnson, I wish to

         3       call up Print Number 7366, recalled from the

         4       Assembly, which is now at the desk.

         5                  ACTING PRESIDENT VALESKY:    The

         6       Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       421, by Senator C. Johnson, Senate Print 7366,

         9       an act to amend the Real Property Tax Law.

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Klein.

        12                  SENATOR KLEIN:    Mr. President, I

        13       now move to reconsider the vote by which this

        14       bill was passed.

        15                  ACTING PRESIDENT VALESKY:    The

        16       Secretary will call the roll on

        17       reconsideration.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 52.

        20                  SENATOR KLEIN:    I now offer the

        21       following amendments.

        22                  ACTING PRESIDENT VALESKY:    The

        23       amendments are received.

        24                  SENATOR KLEIN:    Mr. President, on

        25       behalf of Senator Huntley, I wish to call up



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         1       Print Number 3119B, recalled from the

         2       Assembly, which is now at the desk.

         3                  ACTING PRESIDENT VALESKY:    The

         4       Secretary will read.

         5                  THE SECRETARY:    Calendar Number

         6       329, by Senator Huntley, Senate Print 3119B,

         7       an act to amend the Vehicle and Traffic Law.

         8                  ACTING PRESIDENT VALESKY:

         9       Senator Klein.

        10                  SENATOR KLEIN:    Mr. President, I

        11       now move to reconsider the vote by which this

        12       bill was passed.

        13                  ACTING PRESIDENT VALESKY:    The

        14       Secretary will call the roll on

        15       reconsideration.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 52.

        18                  ACTING PRESIDENT VALESKY:

        19       Senator Klein.

        20                  SENATOR KLEIN:    Mr. President, I

        21       now offer the following amendments.

        22                  ACTING PRESIDENT VALESKY:    The

        23       amendments are received.

        24                  Senator Klein.

        25                  SENATOR KLEIN:    Mr. President, I



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         1       believe there are substitutions at the desk.

         2       I ask that we make the substitutions at this

         3       time.

         4                  ACTING PRESIDENT VALESKY:    There

         5       are substitutions at the desk.

         6                  The Secretary will read.

         7                  THE SECRETARY:    On page 36,

         8       Senator Valesky moves to discharge, from the

         9       Committee on Codes, Assembly Bill Number 2257B

        10       and substitute it for the identical Senate

        11       Bill Number 1606B, Third Reading Calendar 414.

        12                  On page 54, Senator Onorato moves

        13       to discharge, from the Committee on Labor,

        14       Assembly Bill Number 10126 and substitute it

        15       for the identical Senate Bill Number 7808,

        16       Third Reading Calendar 744.

        17                  And on page 54, Senator Sampson

        18       moves to discharge, from the Committee on

        19       Insurance, Assembly Bill Number 4916 and

        20       substitute it for the identical Senate Bill

        21       Number 4651, Third Reading Calendar 748.

        22                  ACTING PRESIDENT VALESKY:

        23       Substitutions ordered.

        24                  Senator Klein.

        25                  SENATOR KLEIN:    Mr. President, I



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         1       believe Senator Sampson has a resolution at

         2       the desk.  I ask that the title of the

         3       resolution be read and move for its immediate

         4       adoption.

         5                  ACTING PRESIDENT VALESKY:

         6       Senator Klein, has this resolution been deemed

         7       privileged and submitted by the office of the

         8       Temporary President?

         9                  SENATOR KLEIN:    Yes, it has,

        10       Mr. President.

        11                  ACTING PRESIDENT VALESKY:    The

        12       Secretary will read.

        13                  THE SECRETARY:    By Senator

        14       Sampson, legislative resolution memorializing

        15       Governor David A. Paterson to proclaim June 13

        16       through 20, 2010, as Men's Health Awareness

        17       Week in the State of New York.

        18                  ACTING PRESIDENT VALESKY:    The

        19       question is on the resolution.  All in favor

        20       signify by saying aye.

        21                  (Response of "Aye.")

        22                  ACTING PRESIDENT VALESKY:

        23       Opposed, nay.

        24                  (No response.)

        25                  ACTING PRESIDENT VALESKY:    The



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         1       resolution is adopted.

         2                  Senator Sampson has asked that it

         3       be open for cosponsorship.  Any Senator

         4       wishing not to cosponsor the resolution should

         5       notify the desk.

         6                  Senator Klein.

         7                  SENATOR KLEIN:    Mr. President, I

         8       believe Senator Breslin has a resolution at

         9       the desk.  I ask that the resolution be read

        10       in its entirety and move for its immediate

        11       adoption.

        12                  ACTING PRESIDENT VALESKY:

        13       Senator Klein, has this resolution been deemed

        14       privileged and submitted by the office of the

        15       Temporary President?

        16                  SENATOR KLEIN:    Yes,

        17       Mr. President.

        18                  ACTING PRESIDENT VALESKY:    The

        19       Secretary will read.

        20                  THE SECRETARY:    By Senator

        21       Breslin, legislative resolution commemorating

        22       the 20th anniversary of the enactment of the

        23       Americans with Disabilities Act of 1990.

        24                  "WHEREAS, Upon adoption of the

        25       Americans with Disabilities Act of 1990, over



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         1       54 million Americans living with disabilities

         2       were afforded broad protection against

         3       discrimination; and

         4                  "WHEREAS, Before such time,

         5       Americans living with disabilities faced

         6       overwhelming barriers to employment,

         7       transportation, public accommodations, public

         8       services, and equal rights under the law; and

         9                  "WHEREAS, Such barriers to the

        10       freedom of full participation in society

        11       imposed staggering economic and social costs

        12       on American society and undermined both our

        13       efforts to educate, rehabilitate, and employ

        14       individuals with disabilities, as well as

        15       America's bedrock principles of fairness and

        16       justice; and

        17                  "WHEREAS, In the face of such

        18       injustice, we honored our fundamental moral

        19       obligation to support and defend the most

        20       vulnerable to discrimination and mistreatment;

        21       and

        22                  "WHEREAS, The Americans with

        23       Disabilities Act represented a giant leap

        24       forward in empowering America's disabled

        25       population to more fully participate in



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         1       society on equal footing and expanded freedom

         2       of opportunity to all Americans bravely living

         3       with disabilities; and

         4                  "WHEREAS, The Americans with

         5       Disabilities Act established firm protections

         6       in the workplace, prohibiting discrimination

         7       in all employment practices, including job

         8       application procedures, hiring, firing,

         9       advancement, compensation, training and other

        10       terms, conditions and privileges of

        11       employment; and

        12                  "WHEREAS, The Americans with

        13       Disabilities Act ensured that no individual

        14       may be discriminated against on the basis of

        15       disability with regards to the full and equal

        16       enjoyment of the goods, services, facilities

        17       or accommodations of any place of public

        18       accommodation, including lodging, recreation,

        19       transportation, education and dining

        20       establishments; and

        21                  "WHEREAS, By affording such

        22       protections, we enabled society to benefit

        23       from the skills and talents of individuals

        24       with disabilities and have made progress to

        25       fuller, more productive lives for all



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         1       Americans; now, therefore, be it

         2                  "RESOLVED, That this legislative

         3       body pause in its deliberations to commemorate

         4       the 20th anniversary of the enactment of the

         5       Americans with Disabilities Act of 1990; and

         6       be it further

         7                  "RESOLVED, That our commitment to

         8       New York's brave and enduring disabled

         9       population is reaffirmed and strengthened in

        10       the face of all that remains to be done to

        11       more fully realize the goals of equal

        12       opportunity, full participation, independent

        13       living, and economic self-sufficiency for

        14       those living with disabilities."

        15                  ACTING PRESIDENT VALESKY:

        16       Senator Breslin.

        17                  SENATOR BRESLIN:    Thank you,

        18       Mr. President.

        19                  Today we celebrate the anniversary,

        20       the 20th anniversary of the Americans with

        21       Disabilities Act.  It's hard to believe that

        22       twenty years have passed.  But it's probably

        23       the most important piece of nondiscrimination

        24       legislation other than the Civil Rights Act in

        25       the last 70 years.



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         1                  As the resolution points out, it

         2       protects against discrimination in employment,

         3       public services, transportation,

         4       telecommunications, and on and on and on.  But

         5       it's a living document.  And compliance with

         6       the ADA is never, ever complete.  There's

         7       still many, many obstacles, including but not

         8       limited to areas of employment, wages.

         9       Education gaps also still exist.

        10                  And it's up to the Legislature to

        11       recognize that compliance with the ADA is

        12       never complete.  And it is hoped with this

        13       package of bills today that these bills will

        14       help improve the quality of life for those

        15       2.1 million New Yorkers who suffer with

        16       disabilities, and that this package will be an

        17       important component in making their lives

        18       better.

        19                  Thank you, Mr. President.

        20                  ACTING PRESIDENT VALESKY:    Thank

        21       you, Senator Breslin.

        22                  Senator Libous, on the resolution.

        23                  SENATOR LIBOUS:    Thank you,

        24       Mr. President.  I want to join my colleague

        25       Senator Breslin on this resolution.



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         1                  As this chamber knows, I have

         2       dedicated a number of years of my career in

         3       this chamber, along with my colleagues, in

         4       promoting many major pieces of legislation to

         5       help people with intellectual and physical

         6       disabilities.

         7                  And certainly the Americans with

         8       Disabilities Act, when it was passed, was just

         9       a huge step forward for people in this country

        10       and certainly this state that have

        11       intellectual and physical disabilities.

        12                  We in this chamber have been

        13       extremely progressive and been very proud,

        14       every one of my colleagues, over the course of

        15       the last several years in promoting those

        16       issues that help people with intellectual and

        17       physical disabilities.

        18                  And today is a good day that we can

        19       stand here, Senator Breslin, and talk on this

        20       resolution on a very, very important movement

        21       that took place in this country.  But as

        22       Senator Breslin said, every day we must

        23       continue, not only in this house but in our

        24       own districts, promoting the welfare and

        25       helping those people with intellectual and



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         1       physical disabilities.

         2                  So, Mr. President, I'm extremely

         3       proud to stand here with all of my

         4       colleagues -- Senator Breslin in particular,

         5       as the sponsor -- and promoting or at least

         6       talking about what this country and this state

         7       has promoted for people with disabilities.

         8                  ACTING PRESIDENT VALESKY:    Thank

         9       you, Senator Libous.

        10                  The question is on the resolution.

        11       All in favor signify by saying aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT VALESKY:

        14       Opposed, nay.

        15                  (No response.)

        16                  ACTING PRESIDENT VALESKY:    The

        17       resolution is adopted.

        18                  Senator Breslin has asked that it

        19       be open for cosponsorship.  Any Senator

        20       wishing not to cosponsor the resolution should

        21       notify the desk.

        22                  Senator Klein.

        23                  SENATOR KLEIN:    Mr. President, I

        24       believe Senator Andrea Stewart-Cousins has a

        25       resolution at the desk.  I ask that the title



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         1       of the resolution be read and move for its

         2       immediate adoption.

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Klein, has this resolution been deemed

         5       privileged and submitted by the office of the

         6       Temporary President?

         7                  SENATOR KLEIN:    Yes, it has,

         8       Mr. President.

         9                  ACTING PRESIDENT VALESKY:    The

        10       Secretary will read.

        11                  THE SECRETARY:    By Senator

        12       Stewart-Cousins, legislative resolution

        13       celebrating the hard work and achievement of

        14       the independent living movement over the past

        15       several decades.

        16                  ACTING PRESIDENT VALESKY:

        17       Senator Stewart-Cousins, on the resolution.

        18                  SENATOR STEWART-COUSINS:    Thank

        19       you, Mr. President.

        20                  I rise and join with my colleagues

        21       in celebrating this day where we are

        22       acknowledging the progress not only in the

        23       country, but within the state, of legislatures

        24       who understand the unique challenges that are

        25       faced by those with disabilities.



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         1                  The Independent Living Centers,

         2       however, is an extension of that.  We talk

         3       about what we do, but we know that as

         4       government we're limited.  We know that we

         5       can't do everything.  In New York State, we

         6       decided to fund Independent Living Centers in

         7       1982.  And what has happened is that which we

         8       wish to get done has been part and parcel of

         9       what Independent Living Centers do for those

        10       who are disabled.  They offer peer counseling,

        11       they offer help in employment, in housing, in

        12       ways to live integrated in the community for

        13       those who otherwise might have to be

        14       institutionalized.

        15                  It gives the -- Mr. President, can

        16       I ask for some order?  Thank you.  I

        17       appreciate that.  I think this is too

        18       important really not to give our full

        19       attention to.

        20                  Again, the Independent Living

        21       Centers in New York -- and there's 36 of

        22       them -- have helped thousands to stay in their

        23       homes, to be integrated in our society, to be

        24       able to contribute as all of us want to

        25       contribute to making our places a better place



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         1       to be.

         2                  So today, as we pass our disability

         3       package, as we move forward in our commitment

         4       to making sure there is access, there are

         5       opportunities for our disabled community --

         6       realizing that in any given day, any one of us

         7       could be part of that which is called the

         8       largest minority, and realizing our

         9       responsibility and our partnership with

        10       Independent Living Centers.

        11                  So I certainly thank you for your

        12       attention.

        13                  ACTING PRESIDENT VALESKY:    Thank

        14       you, Senator Stewart-Cousins.

        15                  The question is on the resolution.

        16       All in favor signify by saying aye.

        17                  (Response of "Aye.")

        18                  ACTING PRESIDENT VALESKY:

        19       Opposed, nay.

        20                  (No response.)

        21                  ACTING PRESIDENT VALESKY:    The

        22       resolution is adopted.

        23                  Senator Stewart-Cousins has asked

        24       that it be open for cosponsorship.  Any

        25       Senator wishing not to cosponsor the



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         1       resolution should notify the desk.

         2                  Senator Klein.

         3                  SENATOR KLEIN:    Mr. President, I

         4       believe Senator Hassell-Thompson has a

         5       resolution at the desk.  I ask that the title

         6       of the resolution be read and move for its

         7       immediate adoption.

         8                  ACTING PRESIDENT VALESKY:

         9       Senator Klein, has this resolution been deemed

        10       privileged and submitted by the office of the

        11       Temporary President?

        12                  SENATOR KLEIN:    Yes, it has,

        13       Mr. President.

        14                  ACTING PRESIDENT VALESKY:    The

        15       Secretary will read.

        16                  THE SECRETARY:    By Senator

        17       Hassell-Thompson, legislative resolution

        18       commending Evelyn Ruth Walker Copeland upon

        19       the occasion of receiving the Humanitarian

        20       Award from the Women's Welfare Club of

        21       Mt. Vernon.

        22                  ACTING PRESIDENT VALESKY:

        23       Senator Hassell-Thompson, on the resolution.

        24                  SENATOR HASSELL-THOMPSON:    Thank

        25       you, Mr. President.



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         1                  Several weeks ago this

         2       extraordinary lady's child was being honored

         3       in this chamber, and apples don't fall far

         4       from the tree.  She's a deacon.  She's one of

         5       the few women within the Baptist Church who

         6       has been ordained as a full deacon, not a

         7       deaconess.

         8                  The work that she does for her

         9       entire community is so well felt and so well

        10       sweeping that suddenly she is the subject of

        11       awards all over the place.  It gives me great

        12       honor to join with them as they celebrate her

        13       tonight, and others who have done

        14       extraordinary community work.

        15                  It's very interesting that those

        16       who seem to have so little feel so obligated

        17       to do so much.  She's not famous and doesn't

        18       wish to be, and yet she's very famous for the

        19       work and the care that she provides to people

        20       in her own city, the many years that she has

        21       served on the Daycare Council in Westchester,

        22       for those children whose parents had to work

        23       and to ensure that the environment in which

        24       those children reside, in the absence of being

        25       at home, that they're safe, that the quality



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         1       of the service that is given to those children

         2       is tremendous.

         3                  And the teaching that she is

         4       responsible for for assisting those who have

         5       home daycare licenses to ensure that not only

         6       are the homes safe, that the environment meets

         7       the standards of licensure, but she helps to

         8       elevate the level of training that these

         9       providers receive and works with families to

        10       ensure that they don't just dump their

        11       children but that they have expectations that

        12       are realistic and participatory by parents.

        13                  And so for a variety of acts of

        14       kindness, as well as her vocation, I am

        15       pleased to ask my colleagues to join me in

        16       this resolution on behalf of a very worthy

        17       woman.

        18                  I thank you, Mr. President.

        19                  ACTING PRESIDENT VALESKY:    Thank

        20       you, Senator Hassell-Thompson.

        21                  The question is on the resolution.

        22       All in favor signify by saying aye.

        23                  (Response of "Aye.")

        24                  ACTING PRESIDENT VALESKY:

        25       Opposed, nay.



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         1                  (No response.)

         2                  ACTING PRESIDENT VALESKY:    The

         3       resolution is adopted.

         4                  Senator Klein.

         5                  SENATOR KLEIN:    Mr. President, I

         6       believe Senator Hassell-Thompson has another

         7       resolution at the desk.  I ask that the title

         8       of the resolution be read and move for its

         9       immediate adoption.

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Klein, has this resolution been deemed

        12       privileged and submitted by the office of the

        13       Temporary President?

        14                  SENATOR KLEIN:    Yes, it has,

        15       Mr. President.

        16                  ACTING PRESIDENT VALESKY:    The

        17       Secretary will read.

        18                  THE SECRETARY:    By Senator

        19       Hassell-Thompson, legislative resolution

        20       commending Keith Collins upon the occasion of

        21       receiving the Business Award from the Women's

        22       Welfare Club of Mt. Vernon.

        23                  ACTING PRESIDENT VALESKY:

        24       Senator Hassell-Thompson, on the resolution.

        25                  SENATOR HASSELL-THOMPSON:    So



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         1       that I don't spend an inordinate amount of

         2       time and prolong this, but to give due to

         3       those who deserve to be recognized, I would

         4       also like to ask my colleagues to support me

         5       in placing this resolution before this body

         6       commending Keith Collins, who is an

         7       extraordinary young man who's lived his life

         8       in the Bronx and, upon graduating from high

         9       school, has done military service with the

        10       United States Marines.

        11                  But besides his service to his

        12       country, his service to his church and to his

        13       community is outstanding.  And so therefore,

        14       it gives me great pleasure to also resolve

        15       today in the name of Keith Collins.

        16                  Thank you, Mr. President.

        17                  ACTING PRESIDENT VALESKY:    Thank

        18       you, Senator Hassell-Thompson.

        19                  The question is on the resolution.

        20       All in favor signify by saying aye.

        21                  (Response of "Aye.")

        22                  ACTING PRESIDENT VALESKY:

        23       Opposed, nay.

        24                  (No response.)

        25                  ACTING PRESIDENT VALESKY:    The



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         1       resolution is adopted.

         2                  Senator Klein.

         3                  SENATOR KLEIN:    Mr. President, I

         4       believe Senator Nozzolio has a privileged

         5       resolution at the desk.  I ask that the title

         6       of the resolution be read and move for its

         7       immediate adoption.

         8                  ACTING PRESIDENT VALESKY:

         9       Senator Klein, has this resolution been deemed

        10       privileged and submitted by the office of the

        11       Temporary President?

        12                  SENATOR KLEIN:    Yes, it has,

        13       Mr. President.

        14                  ACTING PRESIDENT VALESKY:    The

        15       Secretary will read.

        16                  THE SECRETARY:    By Senator

        17       Nozzolio, legislative resolution

        18       congratulating Maxwell J. Skolnick upon the

        19       occasion of receiving the distinguished rank

        20       of Eagle Scout, the most prestigious of

        21       Scouting honors.

        22                  ACTING PRESIDENT VALESKY:    The

        23       question is on the resolution.  All in favor

        24       signify by saying aye.

        25                  (Response of "Aye.")



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         1                  ACTING PRESIDENT VALESKY:

         2       Opposed, nay.

         3                  (No response.)

         4                  ACTING PRESIDENT VALESKY:    The

         5       resolution is adopted.

         6                  Senator Klein.

         7                  SENATOR KLEIN:    Mr. President, I

         8       believe there's another resolution by Senator

         9       Ruth Hassell-Thompson at the desk.  I ask that

        10       the title of the resolution be read and move

        11       for its immediate adoption.

        12                  ACTING PRESIDENT VALESKY:

        13       Senator Klein, has this resolution been deemed

        14       privileged and submitted by the office of the

        15       Temporary President?

        16                  SENATOR KLEIN:    Yes, it has,

        17       Mr. President.

        18                  ACTING PRESIDENT VALESKY:    The

        19       Secretary will read.

        20                  THE SECRETARY:    By Senator

        21       Hassell-Thompson, legislative resolution

        22       commending Robert J. Heyward upon the occasion

        23       of receiving the Community Service Award from

        24       the Women's Welfare Club of Mt. Vernon.

        25                  ACTING PRESIDENT VALESKY:



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         1       Senator Hassell-Thompson, on the resolution.

         2                  SENATOR HASSELL-THOMPSON:    Thank

         3       you, Mr. President.

         4                  I again rise to give honor to

         5       Mr. Robert J. Heyward, as a long-time resident

         6       of New York State, who was born and raised in

         7       Harlem and educated in New York's Catholic

         8       schools, for his many years of service in the

         9       New York Police Department.  And who, as part

        10       of the New York Narcotics Division on the

        11       United States Office of Drug Abuse and Law

        12       Enforcement, has done some extraordinary work

        13       since his retirement.  And he pursues and is

        14       about to receive his juris doctorate from

        15       New York Law School.

        16                  What he proves is that no matter

        17       what you do in life, it's never too late to

        18       learn, to advance yourself and to develop

        19       yourself.  But the wonderful thing is that

        20       with each advancement, he uses his new skills

        21       and talent and those things that he learns and

        22       the gifts that he has to make the world a

        23       better place.

        24                  And so I thank you, Mr. President,

        25       for the opportunity to recommend to this body



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         1       for consideration Mr. Robert J. Heyward.

         2                  ACTING PRESIDENT VALESKY:    Thank

         3       you, Senator Hassell-Thompson.

         4                  The question is on the resolution.

         5       All in favor signify by saying aye.

         6                  (Response of "Aye.")

         7                  ACTING PRESIDENT VALESKY:

         8       Opposed, nay.

         9                  (No response.)

        10                  ACTING PRESIDENT VALESKY:    The

        11       resolution is adopted.

        12                  Senator Klein.

        13                  SENATOR KLEIN:    Mr. President, at

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

        15       calendar.

        16                  ACTING PRESIDENT VALESKY:    The

        17       Secretary will proceed with the reading of the

        18       calendar.

        19                  THE SECRETARY:    Calendar Number

        20       211, by Member of the Assembly Weinstein,

        21       Assembly Print Number 5707A, an act to amend

        22       the Election Law.

        23                  ACTING PRESIDENT VALESKY:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect on the first of December

         2       next succeeding.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 57.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       231, by Senator Oppenheimer, Senate Print

        11       6776B, an act to amend the Education Law.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 57.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       266, by Senator Dilan, Senate Print 5175B, an

        24       act to amend the Vehicle and Traffic Law.

        25                  ACTING PRESIDENT VALESKY:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT VALESKY:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 57.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       364, by Senator C. Johnson, Senate Print 713A,

        12       an act to amend the General Business Law.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 6.  This

        16       act shall take effect on the 60th day.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 58.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       403, by Member of the Assembly DelMonte,

        25       Assembly Print Number 8181, an act to amend



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         1       the Racing, Pari-Mutuel Wagering and Breeding

         2       Law.

         3                  ACTING PRESIDENT VALESKY:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT VALESKY:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT VALESKY:

        11       Announce the results.

        12                  THE SECRETARY:    Those recorded in

        13       the negative on Calendar Number 403 are

        14       Senators Golden, Larkin, Marcellino, Maziarz,

        15       and Ranzenhofer.  Also Senator Saland.

        16                  Ayes, 52.  Nays, 6.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       414, substituted earlier today by Member of

        21       the Assembly Stirpe, Assembly Print Number

        22       2257B, an act to amend the Penal Law.

        23                  ACTING PRESIDENT VALESKY:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect on the first of

         2       November.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 57.  Nays,

         7       1.  Senator Golden recorded in the negative.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       426, by Senator Huntley, Senate Print 6844A,

        12       an act to amend the General Municipal Law.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 58.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       437, by Member of the Assembly Gottfried,

        25       Assembly Print Number 8498A, an act to amend



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         1       the Public Health Law.

         2                  ACTING PRESIDENT VALESKY:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 58.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       440, by Member of the Assembly Paulin,

        14       Assembly Print Number 629, an act to amend the

        15       General Business Law.

        16                  ACTING PRESIDENT VALESKY:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 58.

        24                  ACTING PRESIDENT VALESKY:    The

        25       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       452, by Member of the Assembly Cusick,

         3       Assembly Print Number 10771, an act to amend

         4       the Executive Law.

         5                  ACTING PRESIDENT VALESKY:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT VALESKY:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 58.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       505, by Senator C. Johnson, Senate Print

        17       4031A, an act in relation to authorizing the

        18       County of Nassau.

        19                  ACTING PRESIDENT VALESKY:    There

        20       is a home-rule message at the desk.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 13.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT VALESKY:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 58.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       618, by Senator C. Johnson, Senate Print

         7       7448A, an act to amend the Penal Law.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT VALESKY:

        16       Announce the results.

        17                  THE SECRETARY:    Those recorded in

        18       the negative on Calendar Number 618 are

        19       Senators LaValle, Marcellino and Ranzenhofer.

        20                  Ayes, 55.  Nays, 3.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       623, by Senator Savino, Senate Print 5633A, an

        25       act to amend the Retirement and Social



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         1       Security Law.

         2                  ACTING PRESIDENT VALESKY:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 58.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       624, by Senator Montgomery, Senate Print --

        14                  SENATOR KLEIN:    Lay the bill

        15       aside for the day, please.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is laid aside for the day.

        18                  THE SECRETARY:    Calendar Number

        19       625, by Senator Montgomery, Senate Print

        20       6713 --

        21                  SENATOR KLEIN:    Lay the bill

        22       aside for the day, please.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is laid aside for the day.

        25                  THE SECRETARY:    Calendar Number



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         1       632, by Senator Espada, Senate Print 7225, an

         2       act to amend the Private Housing Finance Law.

         3                  ACTING PRESIDENT VALESKY:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect --

         7                  SENATOR LaVALLE:    Lay it aside,

         8       please.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is laid aside.

        11                  THE SECRETARY:    Calendar Number

        12       643, by Senator Klein, Senate Print --

        13                  SENATOR LaVALLE:    Lay it aside.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside.

        16                  THE SECRETARY:    Calendar Number

        17       644, by Member of the Assembly Nolan, Assembly

        18       Print Number 10507A, an act to amend the

        19       Education Law.

        20                  ACTING PRESIDENT VALESKY:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT VALESKY:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT VALESKY:

         3       Announce the results.

         4                  THE SECRETARY:    Those recorded in

         5       the negative on Calendar Number 644 are

         6       Senators Griffo, Larkin, LaValle, Marcellino,

         7       and Young.  Also Senator Nozzolio.  Also

         8       Senator Ranzenhofer.

         9                  Ayes, 51.  Nays 7.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       645, by Senator Oppenheimer --

        14                  SENATOR KLEIN:    Lay the bill

        15       aside for the day, please.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is laid aside for the day.

        18                  THE SECRETARY:    Calendar Number

        19       647, by Member of the Assembly Paulin,

        20       Assembly Print Number 10676, an act to amend

        21       the Executive Law.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 3.  This

        25       act shall take effect on the 120th day.



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         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT VALESKY:

         5       Announce the results.

         6                  THE SECRETARY:    Those recorded in

         7       the negative on Calendar Number 647 are

         8       Senators Bonacic, DeFrancisco, Farley,

         9       Fuschillo, Golden, Griffo, O. Johnson, Lanza,

        10       Larkin, LaValle, Little, Maziarz, McDonald,

        11       Ranzenhofer, Skelos and Young.  Also Senator

        12       Flanagan.  Also Senator Leibell.  Also Senator

        13       Saland.  Also Senator Nozzolio.

        14                  Ayes, 38.  Nays, 20.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       678, by Senator Smith, Senate Print 7898, an

        19       act to amend the Public Housing Law.

        20                  ACTING PRESIDENT VALESKY:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect on the 30th day.

        24                  ACTING PRESIDENT VALESKY:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT VALESKY:

         3       Senator Smith, to explain his vote.

         4                  SENATOR SMITH:    Thank you very

         5       much, Mr. President.

         6                  Let me first thank Senator Breslin

         7       for his resolution on the 20th anniversary of

         8       our Disabilities Act of 1990.

         9                  In that spirit, this particular

        10       bill says to individuals who are subject to

        11       wheelchairs or disabilities in public

        12       developments that we recognize the challenges

        13       that they face.

        14                  About a year ago in Far Rockaway,

        15       Queens, there was a fire where a young lady's

        16       life was taken away.  The daughter, who was in

        17       a wheelchair, was severely burned.  And we

        18       vowed then that we would take some action and

        19       respond as a state body.  Today we are doing

        20       that, during this Disabilities Act

        21       celebration.

        22                  This particular bill will allow for

        23       anyone who disabled in public developments to

        24       have preference to be on the first floor of

        25       that public development should they choose to,



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         1       if in fact a particular apartment becomes

         2       available.

         3                  This bill provides recognition to

         4       those who are disabled that we recognize that

         5       the challenges that they face are challenges

         6       that we must respond to.  And so with that,

         7       Mr. President, I am proud to vote yes for this

         8       bill.

         9                  Thank you very much.

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Smith to be recorded in the

        12       affirmative.

        13                  Announce the results.

        14                  THE SECRETARY:    Ayes, 60.  Nays,

        15       0.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       725, by Member of the Assembly Bing, Assembly

        20       Print Number --

        21                  SENATOR KLEIN:    Lay the bill

        22       aside for the day, please.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is laid aside for the day.

        25                  THE SECRETARY:    Calendar Number



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         1       743, by Member of the Assembly Destito,

         2       Assembly --

         3                  SENATOR KLEIN:    Lay the bill

         4       aside for the day, please.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is laid aside for the day.

         7                  THE SECRETARY:    Calendar Number

         8       890, by Senator Duane, Senate Print 2933, an

         9       act to amend the Transportation Law and the

        10       Public Authorities Law.

        11                  ACTING PRESIDENT VALESKY:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 3.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT VALESKY:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 60.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       891, by Senator Foley, Senate Print 6819, an

        23       act to amend the Executive Law.

        24                  ACTING PRESIDENT VALESKY:    Read

        25       the last section.



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         1                  THE SECRETARY:    Section 3.  This

         2       act shall take effect January 1, 2011.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT VALESKY:

         7       Senator Hannon, to explain his vote.

         8                  SENATOR HANNON:    Yes, thank you,

         9       Mr. President.

        10                  While the goal of this bill is

        11       laudatory, I'm not so sure that the process by

        12       which it's implemented can be defended.  I

        13       have asked whether there were hearings on this

        14       bill, hearings on this concept, whether

        15       there's reports.  It is unclear the extent of

        16       which a local municipality zoning code would

        17       be overridden.

        18                  And for that reason and that doubt,

        19       I would vote in the negative.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Hannon to be recorded in the negative.

        22                  Announce the results.

        23                  THE SECRETARY:    Those recorded in

        24       the negative on Calendar Number 891 are

        25       Senators Bonacic, DeFrancisco, Griffo, Hannon,



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         1       O. Johnson, Larkin, LaValle, Leibell, Libous,

         2       Little, Marcellino, Nozzolio, Padavan,

         3       Ranzenhofer, Saland, Seward and Young.  Also

         4       Senator Flanagan.

         5                  Ayes, 41.  Nays, 18.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       938, by Member of the Assembly Schroeder,

        10       Assembly Print Number 10853B, an act to amend

        11       the Executive Law.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 60.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       939, by Member of the Assembly Bing, Assembly

        24       Print Number 9757, an act to amend the Public

        25       Housing Law.



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         1                  ACTING PRESIDENT VALESKY:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect on the 120th day.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 60.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       940, by Member of the Assembly Cahill,

        13       Assembly Print Number 10946, an act to amend

        14       the Election Law.

        15                  ACTING PRESIDENT VALESKY:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect on the 15th of December.

        19                  ACTING PRESIDENT VALESKY:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT VALESKY:

        23       Announce the results.

        24                  THE SECRETARY:    Those recorded in

        25       the negative on Calendar Number 940 are



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         1       Senators --

         2                  SENATOR FARLEY:    Mr. President,

         3       just to explain my vote.

         4                  ACTING PRESIDENT VALESKY:

         5       Senator Farley, to explain his vote.

         6                  SENATOR FARLEY:    Just to explain

         7       my vote.

         8                  You know, this bill is on its face

         9       is a good bill, and one that we'd like to

        10       support, but in particular, in some of the

        11       rural areas, it makes it very, very difficult.

        12       They'd have to not vote in a place where

        13       they've been voting for years because they

        14       can't make it handicapped-accessible and so

        15       forth.

        16                  I'm going to vote no, but to

        17       protect -- I have a lot of rural areas where

        18       this could be quite difficult for them to

        19       rehabilitate the voting places.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Farley to be recorded in the negative.

        22                  Announce the results.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 940, those Senators recorded

        25       in the negative are Farley, Flanagan,



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         1       O. Johnson, Little, Ranzenhofer and Seward.

         2                  Ayes, 54.  Nays, 6.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  Senator Klein, that completes the

         6       reading of the noncontroversial calendar.

         7                  Senator Seward, why do you rise?

         8                  SENATOR SEWARD:    Mr. President, I

         9       apologize for the interruption, but I was

        10       unavoidably out of the chamber when Calendar

        11       Number 364 passed, and I wish to be recorded

        12       in the negative, if that's possible.

        13                  ACTING PRESIDENT VALESKY:

        14       Calendar Number 364, that was?

        15                  SENATOR SEWARD:    Yes.  Thank you.

        16                  ACTING PRESIDENT VALESKY:    With

        17       unanimous consent, Senator Seward to be

        18       recorded in the negative on Calendar Number

        19       364.

        20                  Senator Klein.

        21                  SENATOR KLEIN:    Mr. President, at

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

        23       controversial calendar.

        24                  ACTING PRESIDENT VALESKY:    The

        25       Secretary will proceed with the reading of the



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         1       controversial calendar.

         2                  The Secretary will ring the bells.

         3       Senators are asked to proceed to the chamber

         4       for the controversial calendar.

         5                  The Secretary will read.

         6                  THE SECRETARY:    Calendar Number

         7       632, by Senator Espada, Senate Print 7225, an

         8       act to amend the Private Housing Finance Law.

         9                  ACTING PRESIDENT VALESKY:

        10       Senator Hannon.

        11                  SENATOR HANNON:    Yes, I wonder if

        12       the sponsor would yield.

        13                  ACTING PRESIDENT VALESKY:

        14       Senator Espada, Senator Hannon has asked you

        15       to yield to a question.

        16                  SENATOR ESPADA:    Well, of course.

        17       Of course.

        18                  ACTING PRESIDENT VALESKY:    The

        19       sponsor will yield.

        20                  SENATOR HANNON:    Senator Espada,

        21       earlier today when I reviewed this I had asked

        22       if there was a memo from the City of New York,

        23       and at that point there was none available.  I

        24       now have one, and it's dated today.  But the

        25       memo itself simply repeats what's in your



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         1       sponsor's memo, so it doesn't add any more

         2       information.

         3                  So that's all by way of

         4       preliminary.  But since we're adding one-plus

         5       billion dollars of borrowing authority, I just

         6       wondered if there was more detail as to which

         7       of the programs this bonding authority would

         8       be used for and which of the programs that are

         9       referred to in the memo, but not specified,

        10       that are the other initiatives might be the

        11       ones that would add to this borrowing

        12       authority.

        13                  SENATOR ESPADA:    Well, of course,

        14       Senator Hannon.

        15                  The programs are basically three

        16       programs run by HDC.  These programs are the

        17       Low-Income Affordable Marketplace Program, the

        18       New Hope New Housing Opportunities Program and

        19       the Mitchell-Lama program.

        20                  And I hasten to add that while this

        21       is nothing new, as of 2005 we continued to

        22       build tens of thousands of units of affordable

        23       housing, in this climate that we're in, the

        24       exponential impact is all positive in that

        25       there's also economic development and jobs



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         1       included.  And there's a huge pipeline of

         2       projects that await this financing.

         3                  SENATOR HANNON:    Could the door

         4       be closed behind Senator Espada?  Because

         5       there's people coming in, and there's a lot of

         6       noise.

         7                  ACTING PRESIDENT VALESKY:    Will

         8       the sergeants please close the doors behind

         9       Senator Espada so it's easier for all of us to

        10       hear.

        11                  Senator Hannon.

        12                  SENATOR HANNON:    No, I have no --

        13                  SENATOR ESPADA:    That's my

        14       explanation.  That's my answer.

        15                  SENATOR HANNON:    Thank you very

        16       much.  Appreciate it.  Thank you, Senator.

        17                  SENATOR ESPADA:    Thank you,

        18       Senator Hannon.

        19                  ACTING PRESIDENT VALESKY:    Are

        20       there any other Senators wishing to speak?

        21                  Seeing none, the debate is closed.

        22       The Secretary will ring the bells.  Senators

        23       are asked to proceed to the chamber for the

        24       roll call.

        25                  Read the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT VALESKY:

         7       Announce the results.

         8                  THE SECRETARY:    Those recorded in

         9       the negative on Calendar Number 632 are

        10       Senators DeFrancisco, Flanagan, Griffo,

        11       O. Johnson, Larkin, LaValle, Libous,

        12       Marcellino, Ranzenhofer, Robach, Seward and

        13       Skelos.

        14                  Absent from voting:  Senators Diaz,

        15       Dilan, Perkins, Schneiderman, Volker and

        16       Winner.

        17                  Ayes, 43.  Nays, 12.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       643, by Senator Klein, Senate Print 1884A, an

        22       act to amend the Education Law.

        23                  ACTING PRESIDENT VALESKY:

        24       Senator Padavan.

        25                  SENATOR PADAVAN:    I just want to



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         1       ask a question.

         2                  ACTING PRESIDENT VALESKY:

         3       Senator Klein, do you yield to a question?

         4                  SENATOR KLEIN:    Yes,

         5       Mr. President.

         6                  ACTING PRESIDENT VALESKY:    The

         7       sponsor yields.

         8                  SENATOR PADAVAN:    Let me preface

         9       my question, Senator Klein, by saying I well

        10       understand the laudable goal of your bill, to

        11       ensure that our youngsters have outdoor

        12       recreational facilities and that that should

        13       not be taken away from them in any

        14       irresponsible manner.

        15                  However, as you know, the City of

        16       New York has been going through and is well

        17       along the way in a $13 billion capital

        18       improvement program.  Schools all over the

        19       City of New York are either being

        20       modernized -- some new schools being built,

        21       obviously, but many are being modernized,

        22       upgraded, additions, all kinds of things going

        23       on.  If you travel around the city you see

        24       scaffolding on just about every other school

        25       you run by.



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         1                  Now, there are occasions and

         2       places -- and I had one just two blocks from

         3       my office where they were doing a major

         4       renovation and there had to be a place where

         5       the contractors must store their equipment and

         6       material used in that renovation.  There is no

         7       other playground in the area unless they put

         8       them on a bus and took them to the park.  And

         9       for that period of time, a significant portion

        10       of the playground was not available to the

        11       children.

        12                  Now, the way I read your bill, even

        13       those circumstances would be precluded, if

        14       that's the way I read it.  If I read it

        15       correctly, you'll tell me that.  But if I've

        16       read it correctly, how do you deal with the

        17       real-life issue that I've just described?

        18                  SENATOR KLEIN:    Through you,

        19       Mr. President, Senator Padavan raises a good

        20       point.

        21                  In my discussions with the city, if

        22       you notice on line 6 of the legislation,

        23       existing playgrounds shall not be sold,

        24       leased, or transferred or permanently

        25       authorized for other uses.



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         1                  The example Senator Padavan gave of

         2       having a certain area with construction or

         3       construction debris wouldn't be permanent.  So

         4       they would not, under my legislation, have to

         5       come up with a plan.

         6                  SENATOR PADAVAN:    All right.  So

         7       to clarify your answer, if I may, Senator.

         8                  If there's construction of some

         9       limited period of time -- obviously, they are

        10       limited -- then your bill would not come into

        11       effect.

        12                  SENATOR KLEIN:    Correct.

        13                  SENATOR PADAVAN:    Thank you,

        14       Senator.

        15                  SENATOR KLEIN:    On the bill,

        16       Mr. President.

        17                  ACTING PRESIDENT VALESKY:

        18       Senator Klein, on the bill.

        19                  SENATOR KLEIN:    This is an

        20       important piece of legislation which came out

        21       of two studies that my office conducted around

        22       the City of New York which showed

        23       unfortunately, in many cases, especially in

        24       minority communities, the lack of adequate

        25       playground space.



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         1                  In many cases they're used by

         2       temporary classrooms.  Even worse cases,

         3       they're used as parking lots, denying our

         4       young people the ability to exercise.

         5                  You know, there's a lot of talk

         6       about soda taxes and other fat taxes to reduce

         7       childhood obesity, which presently in the

         8       New York City area, 35 percent of our young

         9       people are obese or overweight.

        10                  I personally believe that the way

        11       to reduce childhood obesity is making sure

        12       that young people have adequate playground

        13       space and meaningful physical activity when

        14       they're at school.

        15                  So I am hopeful that when this

        16       legislation is passed into law, we can make

        17       sure that happens.

        18                  And I don't think it's too much to

        19       ask the Department of Education to make sure

        20       that if indeed they have a permanent usage

        21       which prevents kids from using their

        22       playground, that they make alternative

        23       arrangements, like taking the kids to a nearby

        24       park, maybe closing off the street for a

        25       couple of hours to traffic, to make sure, once



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         1       again, that our young people have meaningful

         2       outdoor physical activity.

         3                  So of course I support this

         4       legislation, Mr. President.

         5                  ACTING PRESIDENT VALESKY:    Thank

         6       you, Senator Klein.

         7                  Are there any other Senators who

         8       wish to be heard?

         9                  Seeing none, the debate is closed.

        10       The Secretary will ring the bells.

        11                  Read the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect July 1, 2011.

        14                  ACTING PRESIDENT VALESKY:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 55.  Nays,

        18       0.

        19                  Absent from voting:  Senators Diaz,

        20       Dilan, Perkins, Schneiderman, Volker and

        21       Winner.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  Senator Klein, that completes the

        25       reading of the controversial calendar.



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         1                  SENATOR KLEIN:    Mr. President,

         2       can we please go to a reading of the

         3       supplemental active list.

         4                  ACTING PRESIDENT VALESKY:    The

         5       Secretary will proceed with the reading of the

         6       supplemental active list.

         7                  THE SECRETARY:    Calendar Number

         8       369, by Senator Young, Senate Print 3417, an

         9       act to amend the Highway Law.

        10                  ACTING PRESIDENT VALESKY:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT VALESKY:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 60.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       508, by Senator Young, Senate Print 2437, an

        22       act to amend the Agriculture and Markets Law.

        23                  ACTING PRESIDENT VALESKY:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 60.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       602, by Member of the Assembly Rabbitt,

        10       Assembly Print Number 7774A, an act to

        11       authorize the Town of Ramapo.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 602:  Ayes, 58.  Nays, 2.

        21       Senators Bonacic and Larkin recorded in the

        22       negative.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       881, by Senator Leibell, Senate Print 7620, an

         2       act to authorize the Town of Kent.

         3                  ACTING PRESIDENT VALESKY:    There

         4       is a home-rule message at the desk.

         5                  Read the last section.

         6                  THE SECRETARY:    Section 3.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT VALESKY:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 60.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  Senator Klein, that completes the

        15       read of the supplemental active list.

        16                  SENATOR KLEIN:    Mr. President, I

        17       just want to announce to the members that

        18       there will be a meeting of the Social Services

        19       Committee immediately following session.

        20                  ACTING PRESIDENT VALESKY:    A

        21       meeting of the Social Services Committee

        22       immediately following session.

        23                  SENATOR KLEIN:    Mr. President, is

        24       there any further business at the desk?

        25                  ACTING PRESIDENT VALESKY:    The



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         1       desk is clear.

         2                  SENATOR KLEIN:    There being no

         3       further business, Mr. President, I move that

         4       we adjourn at the call of the Temporary

         5       President, intervening days to be legislative

         6       days.

         7                  ACTING PRESIDENT VALESKY:    On

         8       motion, the Senate stands adjourned subject to

         9       the call of the Temporary President,

        10       intervening days being legislative days.

        11                  (Whereupon, at 1:05 p.m., the

        12       Senate adjourned.)

        13

        14

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