Regular Session - March 3, 2011

                                                            999



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     March 3, 2011

        11                      11:15 a.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR JOSEPH E. ROBACH, Acting President

        19  FRANCIS W. PATIENCE, Secretary

        20

        21

        22

        23

        24

        25



                      Candyco Transcription Service, Inc.
                                                        1000



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

         2                  ACTING PRESIDENT ROBACH:    The

         3       Senate will come to order.

         4                  I ask everyone present to please

         5       stand and join me in the Pledge of Allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  ACTING PRESIDENT ROBACH:    In the

         9       absence of clergy, may we now please bow our

        10       heads for a moment of silence.

        11                  (Whereupon, the assemblage

        12       respected a moment of silence.)

        13                  ACTING PRESIDENT ROBACH:    Reading

        14       of the Journal.

        15                  THE SECRETARY:    In Senate,

        16       Wednesday, March 2, the Senate met pursuant to

        17       adjournment.  The Journal of Tuesday, March 1,

        18       was read and approved.  On motion, Senate

        19       adjourned.

        20                  ACTING PRESIDENT ROBACH:    Without

        21       objection, the Journal stands approved as

        22       read.

        23                  Presentation of petitions.

        24                  Messages from the Assembly.

        25                  Messages from the Governor.



                      Candyco Transcription Service, Inc.
                                                        1001



         1                  Reports of standing committees.

         2                  Reports of select committees.

         3                  Communications and reports from

         4       state officers.

         5                  Motions and resolutions.

         6                  Senator Libous.

         7                  SENATOR LIBOUS:    Thank you,

         8       Mr. President.

         9                  There's a privileged resolution at

        10       the desk, I believe by Senator Zeldin.  Could

        11       we have the title read and then move for its

        12       immediate adoption.

        13                  ACTING PRESIDENT ROBACH:    The

        14       Secretary will read.

        15                  THE SECRETARY:    By Senator

        16       Zeldin, legislative resolution congratulating

        17       Loretta Cesman upon the occasion of

        18       celebrating her 100th Birthday.

        19                  ACTING PRESIDENT ROBACH:    The

        20       question is on the resolution.  All those in

        21       favor signify by saying aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT ROBACH:

        24       Opposed, nay.

        25                  (No response.)



                      Candyco Transcription Service, Inc.
                                                        1002



         1                  ACTING PRESIDENT ROBACH:    The

         2       resolution is adopted.

         3                  Senator Libous.

         4                  SENATOR LIBOUS:    Could we have

         5       the reading of the noncontroversial calendar

         6       at this time.

         7                  ACTING PRESIDENT ROBACH:    The

         8       Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       75, by Senator Grisanti, Senate Print 1406, an

        11       act to amend the Public Authorities Law.

        12                  ACTING PRESIDENT ROBACH:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 9.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT ROBACH:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 53.

        20                  ACTING PRESIDENT ROBACH:    The

        21       bill is passed.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 100, Senator O'Mara moves to

        24       discharge, from the Committee on Elections,

        25       Assembly Bill Number 5698 and substitute it



                      Candyco Transcription Service, Inc.
                                                        1003



         1       for the identical Senate Bill Number 3500,

         2       Third Reading Calendar 100.

         3                  ACTING PRESIDENT ROBACH:

         4       Substitution ordered.

         5                  The Secretary will read.

         6                  THE SECRETARY:    Calendar Number

         7       100, by Member of the Assembly Millman,

         8       Assembly Print Number 5698, an act to amend

         9       the Public Officers Law and the Election Law.

        10                  ACTING PRESIDENT ROBACH:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT ROBACH:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 53.

        18                  ACTING PRESIDENT ROBACH:    The

        19       bill is passed.

        20                  Senator Libous.

        21                  SENATOR LIBOUS:    Thank you,

        22       Mr. President.

        23                  I know we moved quite quickly; I

        24       believe Senator Grisanti wanted to make a

        25       statement on the bill of his that passed, and



                      Candyco Transcription Service, Inc.
                                                        1004



         1       for whatever reason the desk did not recognize

         2       him.  If I could have unanimous consent for

         3       him to be recognized at this time.

         4                  ACTING PRESIDENT ROBACH:    Without

         5       objection.

         6                  Senator Grisanti.

         7                  SENATOR GRISANTI:    Thank you,

         8       Mr. President.

         9                  The reason why I wanted to stand is

        10       I wanted to again thank my colleagues and

        11       friends for allowing a piece of history that

        12       is sitting smack dab in the middle of Buffalo.

        13       For the last 40 years, it's been vacant, with

        14       no electricity, no running water.  It's a

        15       building designed by Richardson, the

        16       landscaping was done by Olmsted, the same two

        17       individuals that have designed this building

        18       that we stand in here today.  And it's a

        19       complete shame at the mess that it's become.

        20                  And I appreciate the support on

        21       both sides -- from Senator Kennedy, once

        22       again, to help out Buffalo and to make sure

        23       that this gets done.  I appreciate it.

        24                  And I don't have anything else

        25       today, until next week, so then we'll see what



                      Candyco Transcription Service, Inc.
                                                        1005



         1       happens at that point.

         2                  (Laughter.)

         3                  SENATOR GRISANTI:    Thank you very

         4       much.  Thank you, Mr. President.

         5                  ACTING PRESIDENT ROBACH:    Thank

         6       you, Senator Grisanti.

         7                  Senator Libous.

         8                  SENATOR LIBOUS:    Thank you,

         9       Mr. President.  A couple of points.

        10                  I want to recognize for the house

        11       that Senator O'Mara has just passed his first

        12       piece of legislation.

        13                  (Applause.)

        14                  SENATOR LIBOUS:    And,

        15       Mr. President, if I could ask all the members

        16       to rise, I'd like to have a moment of silence.

        17                  There were two U.S. airmen killed

        18       senselessly in an act of violence that

        19       occurred yesterday, March 2nd, over in

        20       Frankfurt, Germany.  If I could ask all the

        21       members and the folks in the gallery to stand

        22       so that we could have a moment of silence in

        23       honor of them.

        24                  (Whereupon, the assemblage

        25       respected a moment of silence.)



                      Candyco Transcription Service, Inc.
                                                        1006



         1                  SENATOR LIBOUS:    Thank you,

         2       Mr. President.

         3                  Mr. President, is there any further

         4       business at the desk?

         5                  ACTING PRESIDENT ROBACH:    There

         6       is none.

         7                  SENATOR LIBOUS:    Mr. President,

         8       there being no further business, I move that

         9       the Senate adjourn until Monday, March 7th, at

        10       3:00 p.m., intervening days being legislative

        11       days.

        12                  ACTING PRESIDENT ROBACH:    On

        13       motion, the Senate stands adjourned until

        14       Monday, March 7th, at 3:00 p.m., intervening

        15       days being legislative days.

        16                  Thank you, Senator Libous.

        17                  (Whereupon, at 11:21 a.m., the

        18       Senate adjourned.)

        19

        20

        21

        22

        23

        24

        25



                      Candyco Transcription Service, Inc.