Regular Session - March 1, 2010
1074
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 1, 2010
11 3:23 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR DAVID J. VALESKY, Acting President
19 ANGELO J. APONTE, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT VALESKY: The
3 Senate will 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: Father
10 Peter G. Young, of Mother Theresa Community
11 here in Albany, is with us this afternoon to
12 offer an invocation.
13 REVEREND YOUNG: Thank you,
14 Senator.
15 Let us pray.
16 We know that in March our lion has
17 roared in, and therefore we in this chamber
18 today have the desire to make, make us share
19 in God's love and to aid in gentle kindness to
20 those who are weak, sick and unfortunate. In
21 their love for God, You have called us to show
22 mercy.
23 God, by Your love, You made a world
24 where we have become neighbors to each other
25 and we are enabled to love one another. Grant
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1 that we too may use the Senate to strive
2 toward a way of life in keeping with God's
3 plan.
4 God has given us a marvelous
5 example of charity in the call to us to love
6 one another. Send down Your blessing on these
7 Senators who generously devote themselves
8 helping all of our New York State citizens.
9 Amen.
10 ACTING PRESIDENT VALESKY: The
11 reading of the Journal.
12 The Secretary will read.
13 THE SECRETARY: In Senate Sunday.
14 February 28, the Senate met pursuant to
15 adjournment. The Journal of Saturday,
16 February 27, was read and approved. On
17 motion, Senate adjourned.
18 ACTING PRESIDENT VALESKY:
19 Without objection, the Journal stands approved
20 as read.
21 Presentation of petitions.
22 Messages from the Assembly.
23 Messages from the Governor.
24 Reports of standing committees.
25 Reports of select committees.
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1 Communications and reports from
2 state officers.
3 Motions and resolutions.
4 Senator Klein.
5 SENATOR KLEIN: Mr. President, on
6 behalf of Senator Montgomery, I move that the
7 following bills be discharged from their
8 respective committees and be recommitted with
9 instructions to strike the enacting clause:
10 Senate Number 1296.
11 ACTING PRESIDENT VALESKY: So
12 ordered.
13 SENATOR KLEIN: On behalf of
14 Senator Aubertine, I move to commit Senate
15 Number 6303, Calendar Number 104 on the order
16 of third reading, to the Committee on Codes.
17 ACTING PRESIDENT VALESKY: So
18 ordered.
19 Senator Klein.
20 SENATOR KLEIN: Mr. President,
21 can you please recognize Senator Libous for a
22 motion.
23 ACTING PRESIDENT VALESKY:
24 Senator Libous.
25 SENATOR LIBOUS: Thank you,
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1 Mr. President. Good to see you today, sir.
2 ACTING PRESIDENT VALESKY: Good
3 to see you, Senator.
4 SENATOR LIBOUS: On behalf of
5 Senator Marcellino, I move that the following
6 bill be discharged from its respective
7 committee and be recommitted with instructions
8 to strike the enacting clause. And that would
9 be Senate 6704, please.
10 ACTING PRESIDENT VALESKY: So
11 ordered.
12 SENATOR LIBOUS: Thank you.
13 ACTING PRESIDENT VALESKY:
14 Senator Klein.
15 SENATOR KLEIN: Mr. President,
16 are there any substitutions at the desk?
17 ACTING PRESIDENT VALESKY: Yes,
18 we have substitutions.
19 The Secretary will proceed.
20 THE SECRETARY: On page 9,
21 Senator Golden moves to discharge, from the
22 Committee on Finance, Assembly Bill Number
23 4491 and substitute it for the identical
24 Senate Bill Number 2013, Third Reading
25 Calendar 48.
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1 ACTING PRESIDENT VALESKY:
2 Substitution ordered.
3 Senator Klein.
4 SENATOR KLEIN: Mr. President, I
5 believe Senator Sampson has a resolution at
6 the desk. I ask that the resolution be read
7 in its entirety and move for its immediate
8 adoption.
9 ACTING PRESIDENT VALESKY: Has
10 this resolution been deemed privileged and
11 submitted by the office of the Temporary
12 President?
13 SENATOR KLEIN: Yes, it has,
14 Mr. President.
15 ACTING PRESIDENT VALESKY: The
16 Secretary will read.
17 THE SECRETARY: By Senator
18 Sampson, legislative resolution congratulating
19 the United States Olympians, and particularly
20 the New Yorkers, who competed in the 2010
21 Vancouver Olympic Winter Games held
22 February 12-28, 2010.
23 "WHEREAS, The Olympic movement
24 follows from a set of core Olympic values:
25 The search for excellence, fair play, the joy
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1 in effort, respect for others, and harmony
2 between body, mind, and will; and
3 "WHEREAS, The Olympic Games have
4 been a catalyst for peace, and more than 200
5 countries are represented in the Olympics,
6 with over 10,000 athletes competing; and
7 "WHEREAS, The young men and women
8 of the United States selected to participate
9 in the 2010 Vancouver Olympics have worked for
10 many years for this opportunity to honor our
11 nation through their dedication and
12 patriotism; and
13 "WHEREAS, The 2010 United States
14 Olympic team members have achieved great
15 success in their chosen sports and have served
16 as inspirational role models for the nation;
17 and
18 "WHEREAS, Lowell Bailey of Lake
19 Placid, New York, was chosen to represent the
20 United States in Biathlon;
21 Dustin Brown of New York, New York,
22 was chosen for the United States Hockey Team
23 and won a Silver Medal;
24 Tim Burke of Paul Smiths, New York,
25 was chosen to represent the United States in
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1 Biathlon;
2 Ryan Callahan of Rochester,
3 New York, was chosen for the United States
4 Hockey Team and won a Silver Medal;
5 Annelies Cook of Lake Placid,
6 New York, was chosen to represent the United
7 States in Biathlon;
8 Julia Clukey of Lake Placid,
9 New York, was chosen to represent the United
10 States in the Luge;
11 Caitlin Compton of New York,
12 New York, was chosen to represent the United
13 States in Cross-Country Skiing;
14 John Daly of Smithtown, New York,
15 was chosen to represent the United States in
16 the Bobsled;
17 Bill Demong of Vermontville,
18 New York, was chosen to the represent the
19 United States in the Nordic Combined and won a
20 Gold Medal and a Silver Medal;
21 Matthew De Peters of Buffalo,
22 New York, was chosen to represent the United
23 States in Freestyle Skiing;
24 Peter Frenette of Saranac Lake,
25 New York, was chosen for the United States Ski
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1 Jumping Team;
2 Mark Grimmette of Lake Placid,
3 New York, was chosen to represent the United
4 States in the Luge;
5 Erin Hamlin of Remsen, New York,
6 was chosen to represent the United States in
7 the Luge;
8 Anders Johnson of Plattsburgh,
9 New Yorker, was chosen to represent the United
10 States in Ski Jumping;
11 Haley Johnson of Lake Placid,
12 New York, was chosen to represent the
13 United States in the Biathlon;
14 Dan Joye of Carmel, New York, was
15 chosen to represent the United States in the
16 Luge;
17 Patrick Kane of Buffalo, New York,
18 was chosen for the United States Hockey Team
19 and won a Silver Medal;
20 Trevor Marsicano of Ballston Spa,
21 New York, was chosen to represent the United
22 States in Speed Skating;
23 Chris Mazdzer of Saranac Lake,
24 New York, was chosen to represent the United
25 States in the Luge;
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1 Steve Mesler of Buffalo, New York,
2 was chosen to represent the United States in
3 the Bobsled and won a Gold Medal;
4 Ryan Miller of Buffalo, New York,
5 was chosen for the United States Hockey Team
6 and won a Silver Medal;
7 John Napier of Schenectady,
8 New York, was chosen to represent the
9 United States in the Bobsled;
10 Sara Studebaker of Lake Placid,
11 New York, was chosen to represent the
12 United States in the Biathlon;
13 Bengt Walden of Lake Placid,
14 New York, was chosen to represent the
15 United States in the Luge;
16 Andrew Weibrecht of Lake Placid,
17 New York, was chosen to represent the United
18 States in Alpine Skiing and won a Bronze
19 Medal; and
20 "WHEREAS, New York has been the
21 birthplace or home of hundreds of Olympians,
22 including more than 300 Olympic athletes born
23 in New York City; and
24 "WHEREAS, The year 2010 is the 30th
25 anniversary of New York's Olympics in Lake
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1 Placid, site of the "Miracle on Ice"; and
2 "WHEREAS, The 1980 Olympics in
3 Lake Placid was the second time the Olympic
4 Winter Games were held in Lake Placid,
5 New York; now, therefore, be it
6 "RESOLVED, That this Legislative
7 Body pause in its deliberations to
8 congratulate the New Yorkers chosen to
9 represent the United States and the great
10 State of New York in the 2010 Winter Games in
11 Vancouver, British Columbia, Canada, and to
12 thank New York's young athletes for once again
13 showing this great Empire State's character,
14 diversity, energy and unbeatable human spirit
15 to the world; and be it further
16 "RESOLVED, That copies of this
17 resolution, suitably engrossed, be transmitted
18 to the aforementioned Olympians."
19 ACTING PRESIDENT VALESKY:
20 Senator Little, on the resolution.
21 SENATOR LITTLE: Thank you,
22 Mr. President.
23 Today I join all of my colleagues
24 as well as all New Yorkers in our pride with
25 our young men and women and how they achieved
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1 and how they participated in our current
2 Winter Olympics which have just finished in
3 Vancouver.
4 As a representative of Lake Placid,
5 which is the winter sports capital of the
6 world, the home of the 1932 and the 1980
7 Olympics, I have a particular pride in having
8 had 12 of these athletes that are listed on
9 this resolution coming from my district, and a
10 great deal of pride as we had one Gold Medal
11 winner in Bill Demong, a 29-year-old from
12 Vermontville, Saranac Lake area, who won a
13 Gold Medal in this Olympics and also was
14 selected by his peers to carry the flag at the
15 final closing of the Olympics.
16 I also have a tremendous amount of
17 pride in the fact -- well, also, Bill Demong
18 won a Silver Medal with his teammates. And
19 Andrew Weibrecht, at 23, attending his first
20 Olympics, who received a Bronze Medal in the
21 Alpine ski racing.
22 So we are very pleased. In Lake
23 Placid, as you know, we have the only luge and
24 bobsled skeleton run in this part of the
25 country. We have one of the only ski jumping
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1 facilities in this part of the country, as
2 well as several hockey rinks and skiing areas.
3 We also have a huge cross-country facility and
4 a biathlon track and facility.
5 So it's a pride of New York State
6 and our hope that again we will have an
7 Olympics in this part of the country, and
8 particularly in New York State, where
9 Lake Placid and the whole surrounding areas,
10 from Plattsburgh to Albany, would be able to
11 participate in it.
12 I thank you very much for the
13 resolution. And again, we congratulate all of
14 our athletes. And our particular pride in
15 those who achieved the ultimate goal of
16 winning an Olympic medal.
17 Thank you.
18 ACTING PRESIDENT VALESKY: Thank
19 you, Senator Little.
20 Are there any other Senators who
21 wish to be heard on the resolution?
22 The question is on the resolution.
23 All in favor signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT VALESKY:
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1 Opposed, nay.
2 (No response.)
3 ACTING PRESIDENT VALESKY: The
4 resolution is adopted.
5 Senator Sampson has indicated he
6 would like to open this resolution up to the
7 entire body for cosponsorship. Anyone wishing
8 not to cosponsor the resolution should notify
9 the desk.
10 Senator Klein.
11 SENATOR KLEIN: Mr. President, I
12 believe there's a resolution at the desk by
13 Senator Adams. I ask that the resolution be
14 read in its entirety and move for its
15 immediate adoption.
16 ACTING PRESIDENT VALESKY:
17 Senator Klein, has this resolution been deemed
18 privileged and submitted by the office of the
19 Temporary President?
20 SENATOR KLEIN: Yes, it has,
21 Mr. President.
22 ACTING PRESIDENT VALESKY: The
23 Secretary will read.
24 THE SECRETARY: By Senator Adams,
25 legislation resolution commemorating March 1,
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1 2010, as Korean Independence Day.
2 "WHEREAS, It is the custom of this
3 Legislative Body to honor with great pleasure
4 and great pride the Korean-American community
5 of the State of New York upon the historic
6 occasion of the commemoration of March 1,
7 2010, as Korean Independence Day; and
8 "WHEREAS, a nationwide uprising on
9 March 1, 1919, in Korea was an outcry for
10 national survival in the face of intolerable
11 aggression, oppression, and plundering by the
12 Japanese colonists. An apparent sudden change
13 in the international situation in the wake of
14 World War I stimulated a group of Korean
15 leaders to launch an independence struggle
16 both at home and abroad; and
17 "WHEREAS, 33 nationalists who
18 formed the core of the Samil Movement convened
19 at Taehwagwan Restaurant in Seoul, Korea, to
20 read the Korean Declaration of Independence
21 that had been drawn up by the historian/writer
22 Choe Namseon and the poet/Buddhist monk
23 Manhae, also known as Han Yongun; and
24 "WHEREAS, The nationalists
25 initially planned to assemble at Tapgol Park
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1 in downtown Seoul but decided on the more
2 private location out of fear that the
3 gathering might turn into a riot. The leaders
4 of the movement signed the document and sent a
5 copy to the Japanese Governor General; and
6 "WHEREAS, In the early 1950s,
7 thousands of Koreans fleeing from war, poverty
8 and desolation came to the United States
9 seeking opportunities; and
10 "WHEREAS, Korean-Americans, like
11 waves of immigrants that came to the United
12 States before them, have taken root and
13 thrived in the United States through strong
14 family ties, community support, and hard work;
15 and
16 "WHEREAS, The partnership of the
17 United States and South Korea helps maintain
18 peace and stability in the Asia-Pacific region
19 and provides economic benefits to the people
20 of both nations and the rest of the world; and
21 "WHEREAS, The contributions of
22 Korean-Americans to the United States include
23 the development of the first beating heart
24 operation for coronary artery disease, the
25 development of several varieties of the
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1 nectarine, and achievements in engineering,
2 architecture, medicine, acting, singing,
3 sculpture and writing; and
4 "WHEREAS, The State of New York is
5 fortunate to have in its midst a substantial
6 number of citizens who trace their origins to
7 Korea; and
8 "WHEREAS, The unique beauty of
9 Korean culture, and the contribution of its
10 people to literature, the arts and sciences,
11 and to the economy are well-known and
12 well-appreciated around the world. The
13 contributions of Korean-Americans are
14 especially bountiful throughout the Empire
15 State and are distinguished by their
16 excellence; now, therefore, be it
17 "RESOLVED, That this Legislative
18 Body pause in its deliberations to commemorate
19 March 1, 2010, as Korean Independence Day; and
20 be it further
21 "RESOLVED, That copies of this
22 resolution, suitably engrossed, be transmitted
23 to the Brooklyn Korean Association, the
24 Korean-American Association of Greater
25 New York, Reverend Nam Su Kim, Adam Kim, and
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1 Insik Hwang."
2 ACTING PRESIDENT VALESKY:
3 Senator Adams, on the resolution.
4 SENATOR ADAMS: Thank you,
5 Mr. President.
6 And I'm sure my colleague Senator
7 Stavisky wanted to also speak on this
8 resolution, but she's not here with us now.
9 Joining in the chamber with me is
10 Mr. Hwang, the former president of the
11 Brooklyn Korean-American Association, Mr. Kim,
12 who's the former president also of the
13 Brooklyn Korean-American Association,
14 Mr. Jung-Kibok, who's the representative of
15 the Korean-American Association of Greater New
16 York, and Mr. Adam Kim.
17 Last week we had the opportunity to
18 acknowledge men and women who were here in the
19 chamber from the Dominican Republic. And I
20 think that we give great acknowledgment to our
21 country each time we identify and uniquely
22 examine each string of the quilt of the
23 diversity of this country.
24 The Korean-Americans, when you look
25 at their history, you'll see a unique
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1 identification with the history and
2 development of America. Their independence
3 movement day that we celebrate today, after
4 the tyrannical acts of Japan and some of the
5 abuse that they had to undergo, 33
6 nationalists sat down and read and signed
7 their declaration of independence. This is an
8 important document, just as the Declaration of
9 Independence is important for our country.
10 It is clear that when you look at
11 the pollen of freedom from the flowers of our
12 land has reached the soil of Korea and put the
13 flowers of hope there. They saw what we went
14 through through our independence struggle from
15 Britain and borrowed from that and united
16 around to have freedom also.
17 So it doesn't matter what part of
18 the globe or where we are, the desire to be
19 free, the desire to be independent and the
20 desire to have self-determination is
21 paramount.
22 And each time I talk about any
23 particular ethnic group or a particular group
24 from a different geographical area of the
25 globe, I always acknowledge those first
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1 arrivals and how important it is that they too
2 love America and the spirit of America and the
3 contribution that the many Korean nationalists
4 and those Korean immigrants to America, how
5 they contribute to the greatness of this
6 country.
7 And nothing touched me more than
8 during the Haitian earthquake. Some of the
9 men and women who are here from the
10 Korean-American community immediately called
11 my office. Senator Parker and I, we have two
12 of the largest Haitian populations in the
13 state, and they raised thousands of dollars.
14 But they went one step further. They also
15 bought clothing for those who are in Haiti and
16 didn't have clothing, and raised food.
17 And during the various times of the
18 year, they use their businesses to give
19 clothing and coats to those who are in this
20 city and state that do not have coats during
21 the winter months.
22 So there's a continuous
23 contribution that they are making. And it
24 just adds to the fact and the reality that
25 what's great about this country is that we in
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1 our diversity is something we can celebrate.
2 And I commend those men and women
3 from the Korean-American community and
4 continue to call on us the importance of
5 opening our borders and allowing all groups to
6 come in and contribute to what's great about
7 the United States of America.
8 So on this day, March 1, 2010, I
9 want to applaud the Korean community and the
10 Korean Independence Day movement and state
11 that we are glad to be a part of this great
12 country.
13 Thank you, Mr. President.
14 ACTING PRESIDENT VALESKY: Thank
15 you, Senator Adams.
16 Senator Craig Johnson, on the
17 resolution.
18 SENATOR CRAIG JOHNSON: Thank you
19 very much, Mr. President.
20 First I want to commend Senator
21 Adams for sponsoring this resolution. And I
22 too want to share in congratulating the
23 growing Korean-American community for this
24 resolution.
25 The history of Korean independence
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1 is such an incredible one, especially when you
2 look and see the struggles that the
3 nationalists in Korea had to undergo with
4 respect to their dealings with imperial Japan.
5 And if you look at the history, especially in
6 the '30s and '40s during the Second World War,
7 and what Korean women had to suffer through at
8 the hands of the Imperial Japanese Army during
9 the Second World War, we must look on with
10 admiration to their independence.
11 The Korean-American community is a
12 growing community in Long Island and in
13 particular in my district. And in reading the
14 resolution, Senator Adams, I want to commend
15 you for one particular section which talks
16 about the fact that New York State is
17 fortunate to have in its midst a substantial
18 number of citizens who trace their origins to
19 Korea.
20 What many in this body maybe do not
21 realize is I can attest to that personally, as
22 my sister Karen is from South Korea. She was
23 born in Seoul, South Korea, in 1973, and my
24 family adopted her in 1974. And I've been
25 lucky to have such an incredible human being
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1 in my life, as my sister has taught me so
2 much.
3 And so I want to echo what Senator
4 Adams has put forth in this resolution. The
5 Korean-American community contributes so much
6 to New York State in so many fields. And I
7 know they will continue to do so.
8 So I thank you, Senator Adams, for
9 recognizing this day. I congratulate the men
10 who are here today as representatives of the
11 Korean-American community, and I thank you for
12 your time.
13 Thank you, Mr. President.
14 ACTING PRESIDENT VALESKY: Thank
15 you, Senator Johnson.
16 Senator Larkin, on the resolution.
17 SENATOR LARKIN: Thank you,
18 Mr. President.
19 As someone who served in Korea in
20 combat in 1950 and '51, I feel that this is a
21 most important event of planning this to make
22 sure that we understand the culture of our two
23 countries, what was done.
24 Anybody who's ever seen the
25 photographs of what went on in 1950 when we
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1 went to Korea, July the 15th, what happened at
2 Inchon and the blasting we took at Hoengsong
3 and Hungnam and at the Yalu.
4 I think that -- there's a national
5 magazine that I hope -- I'll wait for
6 Mr. Adams.
7 Mr. Adams, on the resolution being
8 dispatched, I think it's most appropriate that
9 a copy of this resolution be sent to the
10 Korean War Veterans Association of America.
11 It's a national organization authorized by
12 Congress, and it communicates between the
13 Korean community in America, the Korean
14 community in Korea, and members of the armed
15 forces that have served in Korea and how they
16 handle some of these issues.
17 Some of your guests here from Korea
18 know that we now have what we call a revisit
19 program, where those who served in combat in
20 Korea are taken back to Korea, with their
21 families, go to areas where they were and see
22 it. For me, I plan to go next year, if the
23 good Lord lets me.
24 I have three children that were
25 born in Korea. They're here, they're American
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1 citizens now. One is a schoolteacher, another
2 is an investment planner, and the other one is
3 working here at St. Peter's in Albany and
4 enjoying life.
5 But the culture that we get from
6 you -- I will give you a copy of the magazine,
7 Senator Adams, and you will see the mutual
8 respect and cordiality between the communities
9 of Korea and those of Americans, talking about
10 what we did and where we did it and how we did
11 it and what was the complete cooperation in
12 those days.
13 I wouldn't want to go through it
14 again. But your country has a lot to offer to
15 a lot of people.
16 Thank you.
17 ACTING PRESIDENT VALESKY: Thank
18 you, Senator Larkin.
19 Senator Stavisky, on the
20 resolution.
21 SENATOR STAVISKY: Thank you,
22 Mr. President.
23 And I must say I am so proud to
24 represent thousands of Korean-Americans,
25 particularly in the Flushing community,
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1 because they have contributed so much to the
2 everyday life, the political life, the
3 cultural life, the business community, the
4 life in the business community.
5 And yet I am proud to call them my
6 friends. They're not my what I call
7 hyphenated friends, they're not my
8 Korean-American friends, they're friends.
9 They're people whom I've known for many years.
10 And they have made such a significant
11 contribution to the life in both Queens and in
12 New York State.
13 They came to the United States over
14 a hundred years ago, and they have worked
15 hard, they obey the laws, they contribute to
16 society. They have large numbers of
17 organizations, the Korean American Association
18 being probably one of the most significant.
19 But there are so many groups. And they lend
20 their experience and their cultural experience
21 to what goes on in the city.
22 And as we gather today to celebrate
23 the Korean independence, it's particularly
24 appropriate because just two weeks we
25 celebrated the Asian Lunar New Year. And we
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1 marched together through the streets of
2 Flushing to celebrate the Year of the Tiger.
3 So to my friends in the chamber and
4 to my constituents, may you have a very happy
5 and prosperous Year of the Tiger as we come
6 together to celebrate another day together,
7 that of Korean independence.
8 Thank you, Mr. President.
9 ACTING PRESIDENT VALESKY: Thank
10 you, Senator Stavisky.
11 Senator Padavan, on the resolution.
12 SENATOR PADAVAN: To you,
13 Mr. President, and Senator Adams, I say [in
14 Korean], which for those of you who don't know
15 what that means, is "thank you very much."
16 We thank those who are representing
17 the Korean community here today and the
18 thousands and thousands of Korean families
19 throughout my district and elsewhere who have
20 made a significant contribution to the quality
21 of life of our city, many parts of it.
22 Korean immigration began over a
23 hundred years ago when Koreans came to the
24 Island of Hawaii to work on the nascent
25 plantations that were being built for cane
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1 sugar and pineapple. And then, of course,
2 they spread to the West Coast and became an
3 integral part of the fabric of many
4 communities throughout our country.
5 Our nations were bound together on
6 two momentous occasions. One, obviously, in
7 defeating the Japanese and freeing Korea from
8 that terrible, terrible yoke of bondage in
9 which they found themselves. And secondly, of
10 course, in defending South Korea against North
11 Korea and the Chinese.
12 There are two memorials in New York
13 City that relate to those conflicts. One of
14 them is in Battery Park, and the other is in
15 Kissena Park, in my district, which was
16 established and funded by myself and many
17 others, as well as the Korean community,
18 veterans of the Republic of Korea as well as
19 veterans from the United States. And it's a
20 beautiful monument surrounded by a park. And
21 on the inscription it tells us of the
22 sacrifices made by so many, both Koreans and
23 Americans, to keep that country free.
24 So we're delighted to join with my
25 colleagues to simply thank the Korean
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1 community for all its contributions, both in
2 terms of business, in terms of the arts,
3 culture, and for their very, very deep
4 commitment to families. I probably have a
5 hundred Korean churches in my district of
6 every denomination. And when I go to them and
7 I visit them on various occasions, it's just
8 amazing to see how family-oriented they are
9 and how important that is to them as a
10 community.
11 So again, Mr. President, Senator
12 Adams, thank you very much for introducing
13 this resolution.
14 ACTING PRESIDENT VALESKY: Thank
15 you, Senator Padavan.
16 Are there any other Senators who
17 wish to be heard?
18 The question is on the resolution.
19 All in favor signify by saying aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT VALESKY:
22 Opposed, nay.
23 (No response.)
24 ACTING PRESIDENT VALESKY: The
25 resolution is adopted.
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1 Senator Adams has indicated that he
2 would like to open the resolution to the
3 entire body for cosponsorship. Anyone not
4 wishing to cosponsor the resolution should
5 inform the desk.
6 A very sincere welcome to our
7 special guests today.
8 Senator Klein.
9 SENATOR KLEIN: Mr. President, at
10 this time I move to recall Senate Resolution
11 Number 3303, by Senator Fuschillo, which was
12 adopted on January 12th. I ask that the title
13 of the resolution be read and that Senator
14 Fuschillo be recognized to make some brief
15 remarks.
16 ACTING PRESIDENT VALESKY: The
17 Secretary will read.
18 THE SECRETARY: By Senator
19 Fuschillo, Legislative Resolution Number 3303,
20 mourning the death of Joseph R. Sugar,
21 distinguished citizen and devoted member of
22 his community.
23 ACTING PRESIDENT VALESKY:
24 Senator Fuschillo.
25 SENATOR FUSCHILLO: Thank you,
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1 Mr. President. And thank you, Senator Klein.
2 Today is NYSSMA's advocacy day here
3 in the state, and I want to welcome all the
4 advocates for being here today. And it's only
5 fitting that I recognize a man by the name of
6 Joe Sugar. And his son Tom and wife Clara are
7 in the gallery, and I welcome you to Albany
8 once again.
9 Joe Sugar was Mr. Music. He
10 dedicated more than 50 years of his life in
11 the art of education and teaching and music in
12 our schools. But it was more than that. He
13 knew the importance of music as a way of life
14 for everybody.
15 Joe dedicated his entire life to
16 the advancement of music education. He was
17 the director of bands at Indiana University,
18 director of bands at Matawan High School,
19 director of bands at Bethpage High School,
20 director of bands at Hewlett High School and
21 director of music at Hewlett-Woodmere School
22 District, where his son Tom is now the
23 teacher.
24 And I understand, Tom, one of the
25 students told you that their parents knew the
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1 real Mr. Sugar who was the teacher there long
2 before you.
3 You know, I, during my almost 12
4 years in the Senate, one year didn't make
5 NYSSMA's advocacy day celebration. And boy,
6 was I scolded by Joe Sugar. But when I went
7 back to my district, I was almost afraid to
8 see him one day out at an event. And he gave
9 it to me. You know: "Where were you?" And I
10 told him I was in session. Clara, it wasn't a
11 good enough excuse for him that I wasn't
12 there.
13 But at that moment, I saw his
14 compassion, his dedication, and his love for
15 music. His resume of teaching music
16 throughout this state is second to none. But
17 his love for people is really what took me.
18 And this year I'm going to miss him terribly.
19 And as I said, today is the
20 advocacy day for NYSSMA throughout the halls
21 of this chamber. But I'm proud that I found
22 out that it's been renamed after Joe Sugar.
23 And that's a great tribute to a man that
24 dedicated his entire life.
25 And, Clara, his legacy will go on
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1 forever. So it's with deep sorrow that I rise
2 on the passing of your husband, but I'm proud
3 that I knew him. God bless you.
4 And thank you very much,
5 Mr. President.
6 ACTING PRESIDENT VALESKY: Thank
7 you, Senator Fuschillo.
8 Are there any other Senators who
9 wish to be heard?
10 As Senator Klein indicated, this
11 resolution was unanimously adopted on
12 January 12th.
13 Thank you very much for being with
14 us today.
15 Senator Klein.
16 SENATOR KLEIN: Mr. President, at
17 this time can we please move to a reading of
18 the calendar.
19 ACTING PRESIDENT VALESKY: The
20 Secretary will proceed with the reading of the
21 noncontroversial active list.
22 THE SECRETARY: Calendar Number
23 10, by Senator Savino, Senate Print 5481A, an
24 act to amend the Executive Law, in relation to
25 establishing Women's Equality Day.
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1 ACTING PRESIDENT VALESKY: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT VALESKY: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 57.
9 ACTING PRESIDENT VALESKY: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 33, by Senator L. --
13 SENATOR KLEIN: Lay the bill
14 aside for the day.
15 ACTING PRESIDENT VALESKY: The
16 bill is laid aside for the day.
17 THE SECRETARY: Calendar Number
18 80, by Senator Adams, Senate Print 6352A, an
19 act to amend the Racing, Parimutuel Wagering
20 and Breeding Law, in relation to equine drug
21 testing.
22 ACTING PRESIDENT VALESKY: Read
23 the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT VALESKY: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 57.
5 ACTING PRESIDENT VALESKY: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 82, by Senator --
9 SENATOR KLEIN: Lay the bill
10 aside for the day.
11 ACTING PRESIDENT VALESKY: The
12 bill is laid aside for the day.
13 THE SECRETARY: Calendar Number
14 86, by Senator Foley, Senate Print 5945, an
15 act to amend the Election Law, in relation to
16 authorizing registration records.
17 ACTING PRESIDENT VALESKY: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT VALESKY: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 57.
25 ACTING PRESIDENT VALESKY: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 97, by Senator Squadron, Senate Print 3775C,
4 an act to amend the Alcoholic Beverage Control
5 Law, in relation to the siting of certain
6 premises.
7 ACTING PRESIDENT VALESKY: Read
8 the last section.
9 THE SECRETARY: Section 6. This
10 act shall take effect December 31, 2010.
11 ACTING PRESIDENT VALESKY: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 57.
15 ACTING PRESIDENT VALESKY: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 103, by Senator Morahan, Senate Print 5328A,
19 an act to amend the Real Property Tax Law, in
20 relation to temporarily extending.
21 ACTING PRESIDENT VALESKY: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT VALESKY: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 57.
4 ACTING PRESIDENT VALESKY: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 109, by Senator Foley, Senate Print 3703A, an
8 act to amend the Banking Law, in relation to
9 requirement.
10 ACTING PRESIDENT VALESKY: Read
11 the last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect on the same date as
14 Section 8 of Chapter 472 of the Laws of 2008.
15 ACTING PRESIDENT VALESKY: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 57.
19 ACTING PRESIDENT VALESKY: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 117, by Member of the Assembly Rosenthal,
23 Assembly Print Number 8678A, an act to amend
24 the Education Law, in relation to requiring
25 licensure.
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1 ACTING PRESIDENT VALESKY: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT VALESKY: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 57.
9 ACTING PRESIDENT VALESKY: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 127, by Senator Sampson, Senate Print 5720, an
13 act to amend the Real Property Law, in
14 relation to online listing.
15 ACTING PRESIDENT VALESKY: Read
16 the last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect immediately.
19 ACTING PRESIDENT VALESKY: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 57.
23 ACTING PRESIDENT VALESKY: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 130, by Senator Breslin, Senate Print 3554, an
2 act to amend the Insurance Law, in relation to
3 losses sustained.
4 ACTING PRESIDENT VALESKY: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 180th day.
8 ACTING PRESIDENT VALESKY: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 56. Nays,
12 1. Senator Marcellino recorded in the
13 negative.
14 ACTING PRESIDENT VALESKY: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 132, by Senator Sampson --
18 SENATOR KLEIN: Lay the bill
19 aside for the day, please.
20 ACTING PRESIDENT VALESKY: The
21 bill is laid aside for the day.
22 THE SECRETARY: Calendar Number
23 135, by Senator Breslin, Senate Print 402, an
24 act to amend the Vehicle and Traffic Law, in
25 relation to special vehicle identification.
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1 ACTING PRESIDENT VALESKY: Read
2 the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect on the 90th day.
5 ACTING PRESIDENT VALESKY: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 57.
9 ACTING PRESIDENT VALESKY: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 139, by Senator Stavisky, Senate Print 1538B,
13 an act to amend the Executive Law, in relation
14 to providing information.
15 ACTING PRESIDENT VALESKY: Read
16 the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the 180th day.
19 ACTING PRESIDENT VALESKY: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 57.
23 ACTING PRESIDENT VALESKY: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 140, by Senator LaValle, Senate Print 2923, an
2 act to amend the Correction Law, in relation
3 to requiring.
4 ACTING PRESIDENT VALESKY: Read
5 the last section.
6 THE SECRETARY: Section 2. 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, 57.
12 ACTING PRESIDENT VALESKY: The
13 bill is passed.
14 Senator Klein, that completes the
15 reading of the noncontroversial active list.
16 SENATOR KLEIN: Mr. President, at
17 this time can we please move to a reading of
18 the supplemental active list.
19 ACTING PRESIDENT VALESKY: The
20 Secretary will proceed with the reading of the
21 supplemental active list.
22 Senator Klein.
23 SENATOR KLEIN: Mr. President,
24 are there any substitutions at the desk?
25 ACTING PRESIDENT VALESKY: There
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1 is a substitution at the desk.
2 The Secretary will read.
3 THE SECRETARY: On page 13,
4 Senator Larkin moves to discharge, from the
5 Committee on Finance, Assembly Bill Number
6 1003A and substitute it for the identical
7 Senate Bill Number 638A, Third Reading
8 Calendar 111.
9 ACTING PRESIDENT VALESKY:
10 Substitution ordered.
11 The Secretary will now proceed with
12 the reading of the supplemental active list.
13 THE SECRETARY: Calendar Number
14 94, by Senator Fuschillo, Senate Print 5760A,
15 an act to authorize the First United Methodist
16 Church.
17 ACTING PRESIDENT VALESKY: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT VALESKY: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: In relation to
25 Calendar Number 94: Ayes, 55. Nays, 2.
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1 Senators Bonacic and Larkin recorded in the
2 negative.
3 ACTING PRESIDENT VALESKY: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 101, by Senator Fuschillo, Senate Print 30, an
7 act to amend the Real Property Tax Law, in
8 relation to allowing.
9 ACTING PRESIDENT VALESKY: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 90th day.
13 ACTING PRESIDENT VALESKY: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 57.
17 ACTING PRESIDENT VALESKY: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 111, substituted earlier by Member of the
21 Assembly Gunther, Assembly Print Number 1003A,
22 an act to amend the Insurance 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 120th day.
2 ACTING PRESIDENT VALESKY: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 57.
6 ACTING PRESIDENT VALESKY: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 125, by Senator Nozzolio, Senate Print 3271,
10 an act to amend Chapter 219 of the Laws of
11 2002 amending the Judiciary 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
23 128, by Senator Volker --
24 SENATOR VOLKER: Lay it aside for
25 the day, please.
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1 ACTING PRESIDENT VALESKY: The
2 bill is laid aside for the day.
3 Senator Klein, that completes the
4 reading of the supplemental active list.
5 SENATOR KLEIN: Mr. President, on
6 behalf of Senator Smith, I hand up the
7 following committee notice and ask that it be
8 filed in the Journal.
9 ACTING PRESIDENT VALESKY: So
10 ordered.
11 Senator Klein.
12 SENATOR KLEIN: Also,
13 Mr. President, can you please recognize
14 Senator Ruth Hassell-Thompson at this time.
15 ACTING PRESIDENT VALESKY:
16 Senator Hassell-Thompson.
17 SENATOR HASSELL-THOMPSON: Thank
18 you, Mr. President.
19 There will be an immediate meeting
20 of the Majority in the Majority Conference
21 Room, Room 332, following this session.
22 ACTING PRESIDENT VALESKY:
23 Immediate meeting of the Senate Majority in
24 Room 332 immediately following session.
25 Senator Klein.
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1 SENATOR KLEIN: Is there any
2 further business at the desk?
3 ACTING PRESIDENT VALESKY: The
4 desk is clear.
5 SENATOR KLEIN: There being no
6 further business, I move that we adjourn until
7 Tuesday, March 2nd, at 3:00 p.m.
8 ACTING PRESIDENT VALESKY: On
9 motion, there being no further business to
10 come before the Senate, the Senate stands
11 adjourned until Tuesday, March 2nd, at
12 3:00 p.m.
13 (Whereupon, at 4:06 p.m., the
14 Senate adjourned.)
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