Regular Session - April 6, 2009

                                                            3435



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     April 6, 2009

        11                       3:22 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR NEIL D. BRESLIN, Acting President

        19  ANGELO J. APONTE, Secretary

        20

        21

        22

        23

        24



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

         2                  ACTING PRESIDENT BRESLIN:    The

         3       Senate will come to order.

         4                  I ask all to rise and recite the

         5       Pledge of Allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  ACTING PRESIDENT BRESLIN:    The

         9       invocation today will be delivered by Rabbi

        10       Israel Rubin, outreach director of the Capital

        11       Chabad, Albany.

        12                  RABBI RUBIN:    This Wednesday

        13       marks a most auspicious day on the Jewish

        14       calendar, being the eve of Passover, a major

        15       family festival that marks freedom from

        16       bondage.

        17                  This year it also marks Birkat

        18       Hachama, the rare once-in-28-years Blessing of

        19       the Sun.  At this time we take special note of

        20       the planetary positioning of the recognition

        21       of the divine performance of creation, that

        22       great ball of fire in the sky that warms,

        23       lights, and energizes all of life.

        24                  It also marks, yesterday, the



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         1       birthday of the Lubavitcher Rebbe, whose

         2       position in Jewish history was like a sunrise

         3       after the Holocaust.

         4                  Almighty God, may we never take

         5       Your blessings for granted.  Let us always

         6       remember to express and appreciate with

         7       thankfulness.

         8                  Looking at the sun, we increase our

         9       solar awareness.  May we learn to utilize and

        10       tap its vast potential to improve our

        11       consumption of energy freedom and independence

        12       as well as global climate and well-being.

        13                  Amen.

        14                  ACTING PRESIDENT BRESLIN:    Thank

        15       you, Rabbi.

        16                  The reading of the Journal.

        17                  The Secretary will read.

        18                  THE SECRETARY:    In Senate,

        19       Friday, April 3, the Senate met pursuant to

        20       adjournment.  The Journal of Thursday,

        21       April 2, was read and approved.  On motion,

        22       Senate adjourned.

        23                  ACTING PRESIDENT BRESLIN:

        24       Without objection, the Journal stands approved



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         1       as read.

         2                  Presentation of petitions.

         3                  Messages from the Assembly.

         4                  Messages from the Governor.

         5                  Reports of standing committees.

         6                  Reports of select committees.

         7                  Communications and reports from

         8       state officers.

         9                  Motions and resolutions.

        10                  Senator Klein.

        11                  SENATOR KLEIN:    Mr. President,

        12       Majority Leader Smith has a privileged

        13       resolution at the desk.  I ask that the title

        14       of this resolution be read and move for its

        15       immediate adoption.

        16                  ACTING PRESIDENT BRESLIN:    The

        17       Secretary will read.

        18                  THE SECRETARY:    By Senator Smith,

        19       Legislative Resolution commemorating the

        20       Anniversary Celebration of the Birthday of the

        21       revered Lubavitcher Rebbe, Rabbi Menachem M.

        22       Schneerson, upon the occasion of a Memorial

        23       Reception to be held in the New York State

        24       Capitol on April 6, 2009.



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         1                  ACTING PRESIDENT BRESLIN:    The

         2       question is on the resolution.  All those in

         3       favor please signify by saying aye.

         4                  (Response of "Aye.")

         5                  ACTING PRESIDENT BRESLIN:

         6       Opposed, nay.

         7                  (No response.)

         8                  ACTING PRESIDENT BRESLIN:    The

         9       resolution is adopted.

        10                  At the request of the sponsor, the

        11       resolution is open for multisponsorship by the

        12       entire house.  Any member wishing not to be a

        13       multisponsor of the resolution shall so inform

        14       the desk.

        15                  Senator Klein.

        16                  SENATOR KLEIN:    Mr. President,

        17       can we at this time take up the reading of

        18       Senate Calendar Number 33.

        19                  ACTING PRESIDENT BRESLIN:    The

        20       Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       128, by Senator Espada, Senate Print 3459, an

        23       act to amend the Private Housing Finance Law,

        24       in relation to facilitating.



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         1                  ACTING PRESIDENT BRESLIN:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT BRESLIN:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT BRESLIN:

         9       Announce the results.

        10                  THE SECRETARY:    Ayes, 56.

        11                  ACTING PRESIDENT BRESLIN:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       140, by Senator Huntley, Senate Print 3483, an

        15       act to amend the Mental Hygiene Law, in

        16       relation to changing.

        17                  ACTING PRESIDENT BRESLIN:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 50.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT BRESLIN:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT BRESLIN:



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         1       Announce the results.

         2                  THE SECRETARY:    Ayes, 57.

         3                  ACTING PRESIDENT BRESLIN:    The

         4       bill is passed.

         5                  Senator Klein.

         6                  SENATOR KLEIN:    Mr. President, is

         7       there any further business at the desk?

         8                  ACTING PRESIDENT BRESLIN:    No,

         9       Senator Klein, the desk is clear.

        10                  SENATOR KLEIN:    Senator Smith

        11       hands up the following committee assignment to

        12       fill a vacancy on the Local Government

        13       Committee:  Add Senator Suzi Oppenheimer.

        14                  ACTING PRESIDENT BRESLIN:    To be

        15       filed in the Journal.

        16                  Senator Klein.

        17                  SENATOR KLEIN:    Mr. President, at

        18       this time I move we adjourn until Tuesday,

        19       April 7th, at 10:00 a.m.

        20                  ACTING PRESIDENT BRESLIN:    There

        21       being no further business to come before the

        22       Senate, on motion, the Senate stands adjourned

        23       until Tuesday, April 7th, at 10:00 a.m.

        24    (Whereupon, at 3:28 p.m., the Senate adjourned.)



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