Regular Session - March 22, 2011

                                                            1521



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    March 22, 2011

        11                       3:05 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR THOMAS F. O'MARA, Acting President

        19  FRANCIS W. PATIENCE, 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 O'MARA:    The

         3       Senate will come to order.

         4                  I ask everyone present to please

         5       rise and repeat with me the Pledge of

         6       Allegiance.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT O'MARA:    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 O'MARA:    The

        15       reading of the Journal.

        16                  The Secretary will read.

        17                  THE SECRETARY:    In Senate,

        18       Monday, March 21st, the Senate met pursuant to

        19       adjournment.  The Journal of Sunday,

        20       March 20th, was read and approved.  On motion,

        21       Senate adjourned.

        22                  ACTING PRESIDENT O'MARA:    Without

        23       objection, the Journal stands approved as

        24       read.

        25                  Presentation of petitions.



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         1                  Messages from the Assembly.

         2                  The Secretary will read.

         3                  THE SECRETARY:    On page 20,

         4       Senator Robach moves to discharge, from the

         5       Committee on Labor, Assembly Bill Number 6091

         6       and substitute it for the identical Senate

         7       Bill Number 3928, Third Reading Calendar 229.

         8                  ACTING PRESIDENT O'MARA:

         9       Substitution ordered.

        10                  Messages from the Governor.

        11                  Reports of standing committees.

        12                  Reports of select committees.

        13                  Communications and reports from

        14       state officers.

        15                  Motions and resolutions.

        16                  Senator Breslin.

        17                  SENATOR BRESLIN:    Thank you,

        18       Mr. President.

        19                  On behalf of Senator Parker, I move

        20       that the following bill, Bill 1820, be

        21       discharged from its respective committee and

        22       be recommitted with instructions to strike the

        23       enacting clause.

        24                  ACTING PRESIDENT O'MARA:    So

        25       ordered.



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         1                  SENATOR BRESLIN:    Thank you,

         2       Mr. President.

         3                  ACTING PRESIDENT O'MARA:    Senator

         4       Libous.

         5                  SENATOR LIBOUS:    Thank you,

         6       Mr. President.

         7                  On behalf of Senator Griffo,

         8       Mr. President, I move to commit Senate Print

         9       Number 1707A, Calendar Number 223 on the order

        10       of third reading, to the Committee on

        11       Commerce, Economic Development and Small

        12       Business.

        13                  ACTING PRESIDENT O'MARA:    So

        14       ordered.

        15                  SENATOR LIBOUS:    And,

        16       Mr. President, on behalf of Senator Seward, on

        17       page 9 I offer the following amendments to

        18       Calendar Number 87, Senate Print Number 2683,

        19       and ask that the bill retain its place on the

        20       Third Reading Calendar.

        21                  ACTING PRESIDENT O'MARA:    The

        22       amendments are received, and the bill retain

        23       its place on the Third Reading Calendar.

        24                  Senator Libous.

        25                  SENATOR LIBOUS:    Thank you,



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         1       Mr. President.

         2                  May we at this time adopt the

         3       Resolution Calendar, with the exception of

         4       Resolution Numbers 965, 971, 980, 995, 996,

         5       and 999.

         6                  ACTING PRESIDENT O'MARA:    All in

         7       favor of adopting the Resolution Calendar,

         8       with the omissions noted, please signify by

         9       saying aye.

        10                  (Response of "Aye.")

        11                  ACTING PRESIDENT O'MARA:

        12       Opposed, nay.

        13                  (No response.)

        14                  ACTING PRESIDENT O'MARA:    Motion

        15       carried.  The Resolution Calendar is adopted.

        16                  SENATOR LIBOUS:    Mr. President,

        17       there's a resolution at the desk by Senator

        18       Martins, Resolution Number 980.  May we please

        19       have it read in its entirety and call on

        20       Senator Martins before it is adopted.

        21                  ACTING PRESIDENT O'MARA:    The

        22       Secretary will read.

        23                  THE SECRETARY:    By Senator

        24       Martins, Legislative Resolution Number 980,

        25       congratulating the Elmont Memorial High School



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         1       Varsity Boys Basketball Team and Coach George

         2       Holub upon the occasion of capturing the

         3       Nassau County Class AA Championship on

         4       March 7, 2011.

         5                  "WHEREAS, Excellence and success in

         6       competitive sports can be achieved only

         7       through strenuous practice, team play and team

         8       spirit, nurtured by dedicated coaching and

         9       strategic planning; and

        10                  "WHEREAS, Athletic competition

        11       enhances the moral and physical development of

        12       the young people of this state, preparing them

        13       for the future by instilling in them the value

        14       of teamwork, encouraging a standard of healthy

        15       living, imparting a desire for success, and

        16       developing a sense of fair play and

        17       competition; and

        18                  "WHEREAS, The Elmont Memorial High

        19       School Varsity Boys Basketball Team, the

        20       Elmont Spartans, are the Nassau County Class

        21       AA Champions; and

        22                  "WHEREAS, The athletic talent

        23       displayed by this team is due in great part to

        24       the efforts of Coach George Holub, a skilled

        25       and inspirational tutor respected for his



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         1       ability to develop potential into excellence;

         2       and

         3                  "WHEREAS, The team's overall record

         4       is outstanding, and the team members were

         5       loyally and enthusiastically supported by

         6       family, fans, friends and the community at

         7       large.  Elmont's 32 to 29 victory over Baldwin

         8       at the Marck Arena was watched by a crowd of

         9       1,500; and

        10                  "WHEREAS, The hallmarks of the

        11       Elmont Memorial High School Varsity Boys

        12       Basketball Team, from the opening game of the

        13       season to participation in the championship,

        14       were a brotherhood of athletic ability, of

        15       good sportsmanship, of honor and of

        16       scholarship, demonstrating that these team

        17       players are second to none; and

        18                  "WHEREAS, Athletically and

        19       academically, the team members have proven

        20       themselves to be an unbeatable combination of

        21       talents, reflecting favorably on their school;

        22       and

        23                  "WHEREAS, Coach George Holub has

        24       done a superb job in guiding, molding and

        25       inspiring the team members toward their goals;



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         1       and

         2                  "WHEREAS, Sports competition

         3       instills the values of teamwork, pride and

         4       accomplishment, and Coach George Holub and his

         5       outstanding athletes have clearly made a

         6       contribution to the spirit of excellence which

         7       is a tradition of their school; now,

         8       therefore, be it

         9                  "RESOLVED, That this legislative

        10       body pause in its deliberations to

        11       congratulate the Elmont Memorial High School

        12       Varsity Boys Basketball Team, its members --

        13       Dillon Williams, Anthony Elechi, Tyler

        14       DeChalus, Robert Chambers, Tristan Brown,

        15       Reggie Pierre, Kyle Johnson, Jean Altidor,

        16       Timothy Lewis, Rahquan Scott, Greg Senat,

        17       Michael Dugue, Hakeem Fisher-Ali and Devin

        18       Guerre -- and Coach George Holub on their

        19       outstanding season and overall team record;

        20       and be it further

        21                  "RESOLVED, That copies of this

        22       resolution, suitably engrossed, be transmitted

        23       to the Elmont Memorial High School Varsity

        24       Boys Basketball Team and to Principal John

        25       Capozzi and Coach George Holub."



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         1                  ACTING PRESIDENT O'MARA:    Senator

         2       Martins on the resolution.

         3                  SENATOR MARTINS:    Thank you,

         4       Mr. President.

         5                  I rise in support of this

         6       resolution and to recognize the wonderful

         7       achievements of the Elmont High School Boys

         8       Basketball Team, Nassau County champions.  I

         9       want to recognize their principal, John

        10       Capozzi.  I want to recognize their coach,

        11       George Holub, who has molded this team into a

        12       county championship.  And I want to recognize

        13       the fact that for Elmont and Elmont High

        14       School, this is their first county

        15       championship in the history of that school.

        16                  And it is well deserved.  The

        17       Elmont Spartans beat the Baldwin Bruins 32-29

        18       in the championship game.  And as a result of

        19       that victory, my colleague and good friend

        20       Senator Fuschillo will be joining us for lunch

        21       in Elmont, at the high school, where we will

        22       celebrate the victory of the Elmont Boys

        23       Basketball Team.

        24                  But to speak of this team in

        25       particular -- and I think it's important that



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         1       we do that -- it's not just about the sports,

         2       it's not just about the sports program and the

         3       impact in the school, but these young men are

         4       leaders in the Elmont community.  They

         5       volunteer, they tutor, they mentor other

         6       children, they're involved in not-for-profit

         7       organizations, and they are making a

         8       difference.  And they will make a difference

         9       as future leaders in the Elmont community.

        10                  And it is for that reason as well

        11       as their great achievements on the basketball

        12       court that I rise today and support and ask

        13       that we all recognize such a great team and

        14       this wonderful achievement.

        15                  Mr. President, thank you.

        16                  ACTING PRESIDENT O'MARA:    Thank

        17       you, Senator Martins.

        18                  Senator Fuschillo.

        19                  SENATOR FUSCHILLO:    Thank you

        20       very much, Mr. President.  I rise in a humbled

        21       fashion here today that I do have to go to

        22       Elmont High School and eat in their cafeteria

        23       with the winning team.

        24                  Senator Skelos and I represent

        25       Baldwin, but he also represents Elmont as



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         1       well.  And despite the fact that Elmont beat

         2       my son's basketball team at Merrick Calhoun

         3       High School twice, and despite the fact that

         4       they beat Baldwin in the championship, I just

         5       wanted to rise and congratulate Senator

         6       Martins and the fine group of the boys that

         7       displayed a tremendous amount of character in

         8       their victory.

         9                  Congratulations, Elmont.

        10                  ACTING PRESIDENT O'MARA:    I hope

        11       you enjoy your lunch.

        12                  (Laughter.)

        13                  ACTING PRESIDENT O'MARA:    Senator

        14       Skelos.

        15                  SENATOR SKELOS:    Thank you very

        16       much, Mr. President.

        17                  I too want to congratulate the

        18       Elmont Basketball Team.  I want to

        19       congratulate Senator Fuschillo for agreeing to

        20       go to lunch with Senator Martins and myself.

        21                  And I also just want to point out I

        22       represent both.  And generally when you

        23       represent both, one of them is a winner.  And

        24       as the leader, I'm delighted that I had a

        25       winner.



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         1                  (Laughter.)

         2                  SENATOR SKELOS:    But both teams

         3       are great young men.  They both achieve

         4       athletically and, even more important,

         5       academically.

         6                  So we're very proud of both teams,

         7       but today we celebrate the great victory of

         8       the Elmont High School Basketball Team.  And I

         9       know the entire chamber sends our best wishes

        10       and congratulations.

        11                  ACTING PRESIDENT O'MARA:    The

        12       question is on the resolution.  All in favor

        13       signify by saying aye.

        14                  (Response of "Aye.")

        15                  ACTING PRESIDENT O'MARA:

        16       Opposed, nay.

        17                  (No response.)

        18                  ACTING PRESIDENT O'MARA:    The

        19       resolution is adopted.

        20                  Senator Libous.

        21                  SENATOR LIBOUS:    Thank you,

        22       Mr. President.

        23                  I believe there's another

        24       resolution at the desk, 965, by Senator

        25       Hannon.  Could we please read its title and



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         1       move for its immediate adoption.

         2                  ACTING PRESIDENT O'MARA:    The

         3       Secretary will read.

         4                  THE SECRETARY:    Legislative

         5       Resolution Number 965, by Senator Hannon,

         6       memorializing Governor Andrew M. Cuomo to

         7       proclaim March 10, 2011, as Chronic Kidney

         8       Disease Awareness Day in the State of

         9       New York.

        10                  ACTING PRESIDENT O'MARA:    The

        11       question is on the resolution.  All in favor

        12       signify by saying aye.

        13                  (Response of "Aye.")

        14                  ACTING PRESIDENT O'MARA:

        15       Opposed, nay.

        16                  (No response.)

        17                  ACTING PRESIDENT O'MARA:    The

        18       resolution is adopted.

        19                  Senator Libous.

        20                  SENATOR LIBOUS:    Thank you,

        21       Mr. President.

        22                  And I believe Senator Hannon would

        23       like to open up his resolution for

        24       cosponsorship.  As we have a policy here, if

        25       you do not wish to be on the resolution, let



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         1       the desk know.  Otherwise, you will be a

         2       cosponsor.

         3                  ACTING PRESIDENT O'MARA:    Yes,

         4       Senator Libous.  The resolution is open for

         5       cosponsorship.  If you do not wish to be a

         6       cosponsor, please notify the desk.

         7                  Senator Libous.

         8                  SENATOR LIBOUS:    Mr. President,

         9       there is a resolution at the desk, 971, by

        10       Senator Larkin.  Could we ask that you read it

        11       in its entirety and call on Senator Larkin,

        12       please.

        13                  ACTING PRESIDENT O'MARA:    The

        14       Secretary will read.

        15                  THE SECRETARY:    Legislative

        16       Resolution Number 971, by Senator Larkin,

        17       commemorating the 35th Anniversary of the

        18       New York Aviation Management Association and

        19       celebrating the benefits of aviation in the

        20       State of New York.

        21                  "WHEREAS, It is the sense of this

        22       Legislative Body to recognize that the quality

        23       and character of the life of the communities

        24       across New York State are reflective of the

        25       concerned and dedicated efforts of those



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         1       organizations and individuals who would devote

         2       themselves to the welfare of the community and

         3       its citizenry; and

         4                  "WHEREAS, Attendant to such

         5       concern, and in full accord with its

         6       long-standing traditions, this Legislative

         7       Body is justly proud to commemorate the 35th

         8       Anniversary of the New York Aviation

         9       Management Association, and to celebrate the

        10       benefits of aviation in New York State; and

        11                  "WHEREAS, The Empire State is home

        12       to over 600 commercial, public and private

        13       airports and heliports, ranging from small

        14       rural facilities to New York City's John F.

        15       Kennedy International Airport, which is the

        16       twelfth busiest airport in the world; and

        17                  "WHEREAS, The New York State

        18       Department of Transportation has demonstrated

        19       that the state's aviation industry accounts

        20       for a significant amount in annual economic

        21       activity, 500,000 jobs, and a significant

        22       amount in state and local revenue; and

        23                  "WHEREAS, This contribution by the

        24       aviation sector to the state's economic

        25       well-being is fueled by a vibrant and



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         1       supportive aviation community, led by the

         2       New York Aviation Management Association,

         3       which represents the voice of aviation in

         4       New York State for airports, general aviation,

         5       commercial aviation, cargo transports,

         6       manufacturing partners, hospitality

         7       businesses, vendors and contractors, engineers

         8       and consultants, pilots, mechanics,

         9       educational institutions and other aviation

        10       organizations; and

        11                  "WHEREAS, New York State's

        12       commercial service airports accommodate a wide

        13       variety of local, domestic, and international

        14       flights connecting all of New York State to

        15       the nation and the world, and are responsible

        16       for over 40 million enplanements per year; and

        17                  "WHEREAS, Business aviation is a

        18       critical tool for companies in New York to

        19       support their operations, thus bringing new

        20       business, investment and jobs to this state.

        21       Business aircraft improve efficiency, save

        22       money and open up opportunities for rural

        23       areas not served by commercial aviation; and

        24                  "WHEREAS, Aviation and airports

        25       play a vital role in New York State's



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         1       businesses and communities that depend on

         2       general aviation of all types for mobility,

         3       access to medical treatment, economic

         4       opportunity, disaster relief, law enforcement,

         5       search and rescue, and also contribute to our

         6       national defense; and

         7                  "WHEREAS, The State of New York has

         8       a keen interest in the health and economic

         9       vitality of airports and the aviation industry

        10       and should lead the nation in promoting its

        11       aviation sector so as to further attract

        12       private-sector investment; now, therefore, be

        13       it

        14                  "RESOLVED, That this legislative

        15       body pause in its deliberations to commemorate

        16       the 35th Anniversary of the New York Aviation

        17       Management Association, and to celebrate the

        18       benefits of aviation in New York State; and be

        19       it further

        20                  "RESOLVED, That a copy of this

        21       resolution, suitably engrossed, be transmitted

        22       to the New York Aviation Management

        23       Association."

        24                  ACTING PRESIDENT O'MARA:    Senator

        25       Larkin on the resolution.



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         1                  SENATOR LARKIN:    Thank you very

         2       much, Mr. President.

         3                  You know, normally we don't

         4       recognize a lot of people in the gallery

         5       unless they're some sports teams or academic,

         6       but we have some people in the gallery who've

         7       made revenue for the State of New York.

         8                  I'd like to introduce Carl

         9       Beardsley, from Senator Libous's district, who

        10       is the president of this organization, who's

        11       been a driving force.  Carl, thank you very

        12       much.

        13                  And from my own district, although

        14       he's a naval officer, I'll say Fritz Kass --

        15       where are you hiding?  No hat on, I don't

        16       recognize you.  And the other representatives

        17       here of the airports throughout the state.

        18                  You have made a major effort to

        19       assist us in the development of our airports,

        20       the area surrounding it, and the community, to

        21       increase job opportunities.  We've been

        22       slacking in many areas in this.  A couple of

        23       years ago we did one with reference to the

        24       taxes on what you would do with an airplane

        25       when it needs to be repaired.  Instead of



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         1       sending it to, in my area, over to Shirley,

         2       Connecticut, because of the taxes that we did

         3       back in '07 you were able to take that tax

         4       benefit here.

         5                  We need to do a lot more of that,

         6       because a lot of our small airports can make a

         7       major contribution to the economy.  I know

         8       what Cessna does for us at Stewart and all the

         9       rest around the area.

        10                  I just want to thank you all very

        11       much for taking time from your busy schedule

        12       to be here with us today and let my fellow

        13       colleagues understand what the issue is with

        14       regard to small aviation in our state.  I

        15       thank you all very much for coming.

        16                  Thank you, Mr. President.

        17                  ACTING PRESIDENT O'MARA:    Senator

        18       Libous on this resolution.

        19                  SENATOR LIBOUS:    Thank you,

        20       Mr. President.

        21                  I want to join Senator Larkin and

        22       certainly welcome everyone that is here from

        23       the association.  And I'm very proud to stand

        24       here, as Carl Beardsley represents the Greater

        25       Binghamton Airport -- or, as we like to refer



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         1       to it back home, as the Broome County Airport.

         2       Some of us can't get out of bad habits, Carl.

         3                  But this, as Senator Larkin said,

         4       is an economic-engine driver that we often

         5       overlook.  We tend to just think that, you

         6       know, our aviation system in New York State is

         7       just there, the airports just kind of function

         8       on their own.  And we have dedicated

         9       individuals like Carl and his colleagues who

        10       make sure that things move forward in a very

        11       positive direction.

        12                  They are indeed a critical part of

        13       economic development in this state and how we

        14       transport, how we bring people in.  Carl and I

        15       had a conversation the other day about how the

        16       various airports along the New York border

        17       were doing more business because of -- and I

        18       hate to bring this up -- gas drilling in

        19       Pennsylvania, that we were getting busier

        20       because they were prospering.

        21                  There's a whole host of things that

        22       are good about what these folks do in moving

        23       New York State forward that I think sometimes

        24       we tend to overlook.

        25                  So I am proud to stand here and



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         1       support Senator Larkin's resolution.  I say

         2       thank you to all of you for what you do to

         3       help economic development.  And we need to

         4       continue to do our part to help you.

         5                  ACTING PRESIDENT O'MARA:    The

         6       question is on the resolution.  All in favor

         7       signify by saying aye.

         8                  (Response of "Aye.")

         9                  ACTING PRESIDENT O'MARA:

        10       Opposed, nay.

        11                  (No response.)

        12                  ACTING PRESIDENT O'MARA:    The

        13       resolution is adopted.

        14                  Senator Libous.

        15                  SENATOR LIBOUS:    Thank you,

        16       Mr. President.

        17                  I believe there's a resolution at

        18       the desk, Number 995, by Senator Squadron.

        19       May we please have the title read, and I

        20       believe Senator Squadron would like to be

        21       called on.

        22                  ACTING PRESIDENT O'MARA:    The

        23       Secretary will read.

        24                  THE SECRETARY:    Legislative

        25       Resolution Number 995, by Senator Squadron,



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         1       paying tribute to the life and accomplishments

         2       of Anne Compoccia, a dedicated civic leader

         3       and devoted member of her community.

         4                  ACTING PRESIDENT O'MARA:    Senator

         5       Squadron on the resolution.

         6                  SENATOR SQUADRON:    Thank you,

         7       Mr. President.

         8                  On February 24, Anne Compoccia

         9       passed away in Lower Manhattan, where she had

        10       spent truly decades committing herself to the

        11       community in many different ways.

        12                  You know, one thing about a

        13       community, someone whose life is about making

        14       a community work and working for a community,

        15       is the number of different ways they do that

        16       over decades.  The ups and downs over decades

        17       are too much to enumerate in a moment on the

        18       floor.

        19                  But there's no question that Lower

        20       Manhattan, Little Italy, the communities that

        21       have recovered from the September 11, 2001,

        22       attacks, that have thrived and changed over

        23       centuries, have been where so many of us,

        24       wherever we're from today, had our families

        25       begin down at the southern tip of Manhattan,



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         1       are better off because of the work that Anne

         2       Compoccia dedicated in many roles over many,

         3       many years.

         4                  Lower Manhattan, Little Italy --

         5       the entire state -- are less for having lost

         6       her.  And I wanted to take a moment on the

         7       floor of the Senate to honor her and her many

         8       years of work and the many accomplishments she

         9       had, and express our gratitude as a state for

        10       Anne and for all of the community leaders who

        11       commit themselves to what is needed when it's

        12       needed for a lifetime.

        13                  Thank you, Mr. President.

        14                  ACTING PRESIDENT O'MARA:    Thank

        15       you, Senator Squadron.

        16                  Senator Duane on the resolution.

        17                  SENATOR DUANE:    Thank you,

        18       Mr. President.

        19                  I too had the great pleasure of

        20       working with Anne Compoccia.  She was an

        21       amazing, amazing civic leader.  I knew of her

        22       work and had actually worked with her even

        23       before I was elected to the City Council in

        24       1991.  And the district which I first

        25       represented included an enormous amount of



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         1       Community Board One.  And Anne was just a

         2       pleasure, a pleasure to work with.

         3                  And, you know, who among us has not

         4       had some difficulties in their lives, and Anne

         5       was no exception.  However, Anne turned the

         6       difficulty that she had in her life into yet

         7       another way to provide great public service,

         8       and particularly to those who most needed

         9       help.  She did that through her work at the

        10       Postgraduate Center and in other areas.

        11                  And when the history is written of

        12       Lower Manhattan, Anne will absolutely be a

        13       part of that.  And her passing is very, very

        14       sad, but she has certainly left an amazing

        15       mark.

        16                  Thank you, Mr. President.

        17                  ACTING PRESIDENT O'MARA:    Thank

        18       you, Senator Duane.

        19                  The question is on the resolution.

        20       All in favor signify by saying aye.

        21                  (Response of "Aye.")

        22                  ACTING PRESIDENT O'MARA:

        23       Opposed, nay.

        24                  (No response.)

        25                  ACTING PRESIDENT O'MARA:    The



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         1       resolution is adopted.

         2                  Senator Libous.

         3                  SENATOR LIBOUS:    Mr. President, I

         4       believe there is a resolution at the desk by

         5       Senator Gallivan, Resolution Number 996.

         6       Could you please read it in its entirety and

         7       call on Senator Gallivan.

         8                  ACTING PRESIDENT O'MARA:    The

         9       Secretary will read.

        10                  THE SECRETARY:    Legislative

        11       Resolution Number 996, by Senator Gallivan,

        12       paying tribute to the life and accomplishments

        13       of Joseph Elias Joseph, distinguished citizen

        14       and devoted member of his community.

        15                  "WHEREAS, It is the custom of this

        16       Legislative Body to pay tribute to citizens of

        17       the State of New York whose lifework and civic

        18       endeavor serve to enhance the quality of life

        19       in their communities and the great State of

        20       New York; and

        21                  "WHEREAS, Joseph Elias Joseph of

        22       Eden, New York, died on February 25, 2011, at

        23       the age of 62; and

        24                  "WHEREAS, Joseph Elias Joseph

        25       distinguished himself in his profession and by



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         1       his sincere dedication and substantial

         2       contribution to the welfare of his community;

         3       and

         4                  "WHEREAS, A long-time sheriff's

         5       deputy, and later a member of the sheriff's

         6       mounted division, Joseph Elias Joseph pursued

         7       many occupations over the years.  He worked as

         8       a barber, was the owner and operator of KJ's

         9       Matchbox Diner, the proprietor of the private

        10       investigation firm J.J. Enterprises, the head

        11       of event security for the annual 'Jam in the

        12       Valley' country jamboree, and he and his wife

        13       began the 'Davis Ranch' in Eden; and

        14                  "WHEREAS, Upon his retirement in

        15       2007, the county legislature proclaimed

        16       March 1, 2007, 'Joseph Joseph Day' in Erie

        17       County.  Approximately 500 people attended his

        18       retirement party, and nearly 900 people

        19       attended the 'Joe Joseph Celebration of Life'

        20       event in May of 2010; and

        21                  "WHEREAS, Joseph Elias Joseph's

        22       commitment to excellence, and his spirit of

        23       humanity, carried over into in all fields of

        24       enterprise, including charitable and civic

        25       endeavors; and



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         1                  "WHEREAS, He served as president

         2       and chairman of the Sheriff's Office Badge and

         3       Shield Club and attended many community events

         4       held by the Italian-American Police

         5       Association, the Tonawanda Police Department,

         6       and the Badge and Shield Club; and

         7                  "WHEREAS, Joseph Elias Joseph is

         8       survived by his loving wife, Ruby

         9       Davis-Joseph; two sons, Keith and Jeffrey; a

        10       brother, Gregory; and three sisters, Regina,

        11       Rosemary, and Dolores; and

        12                  "WHEREAS, Armed with a humanistic

        13       spirit, imbued with a sense of compassion, and

        14       comforted by a loving family, Joseph Elias

        15       Joseph leaves behind a legacy which will long

        16       endure the passage of time and will remain as

        17       a comforting memory to all he served and

        18       befriended; now, therefore, be it

        19                  "RESOLVED, That this Legislative

        20       Body pause in its deliberations to pay tribute

        21       to the life and accomplishments of Joseph

        22       Elias Joseph, distinguished citizen and

        23       devoted member of his community, and be it

        24       further

        25                  "RESOLVED, That a copy of this



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         1       resolution, suitably engrossed, be transmitted

         2       to the family of Joseph Elias Joseph."

         3                  ACTING PRESIDENT O'MARA:    Can we

         4       have a little order in the chamber, please.

         5       It's getting a little loud in the back.

         6                  And Senator Gallivan on the

         7       resolution.

         8                  SENATOR GALLIVAN:    Thank you,

         9       Mr. President.

        10                  I rise to pay tribute to the life

        11       and accomplishments of Joseph Elias Joseph.

        12       Joe was a lifetime public servant who served

        13       with distinction.  He was a dedicated member

        14       of his community.  His friendliness, his

        15       character and enthusiasm inspired all who came

        16       in contact with him.

        17                  Joe always went out of his way to

        18       be with friends, neighbors, colleagues and

        19       members of the community.  It was his natural

        20       element.  He treated his community like his

        21       family, like he had known and loved all of

        22       them his entire life.

        23                  At the time of his passing, he

        24       remained active as president and chairman of

        25       the Erie County Sheriff's Office Badge and



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         1       Shield Club.  He was dedicated to law

         2       enforcement and to the service of others.  In

         3       one way or another, law enforcement and

         4       service was his life.  Joe devoted so much of

         5       his time to honoring and befriending men and

         6       women of law enforcement -- correction

         7       officers, retired police officers, anyone who

         8       gave part of themselves to protect all that is

         9       good in society.  It's fitting that we honor

        10       him today.

        11                  Joe is survived by his widow, a

        12       retired law enforcement officer, Ruby

        13       Davis-Joseph, who's watching us at home today.

        14       She should know that she, her family, and Joe

        15       are in our hearts and will always be.

        16                  I'd like to thank my colleagues for

        17       honoring Deputy Joe Joseph today and

        18       recognizing him as a true public servant, an

        19       outstanding citizen we can all be proud of.

        20                  Thank you, Mr. President.

        21                  ACTING PRESIDENT O'MARA:    Thank

        22       you, Senator Gallivan.

        23                  The question is on the resolution.

        24       All in favor signify by saying aye.

        25                  (Response of "Aye.")



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         1                  ACTING PRESIDENT O'MARA:

         2       Opposed, nay.

         3                  (No response.)

         4                  ACTING PRESIDENT O'MARA:    The

         5       resolution is adopted.

         6                  Senator Libous.

         7                  SENATOR LIBOUS:    Mr. President, I

         8       believe there's a privileged resolution at the

         9       desk by Senator Flanagan.  May we please have

        10       the title read and move for its immediate

        11       adoption.

        12                  ACTING PRESIDENT O'MARA:    The

        13       Secretary will read.

        14                  THE SECRETARY:    By Senator

        15       Flanagan, legislative resolution commemorating

        16       the 19th Annual National Jewish Sports Hall of

        17       Fame Induction Ceremony on March 27, 2011.

        18                  ACTING PRESIDENT O'MARA:    The

        19       question is on the resolution.  All in favor

        20       signify by saying aye.

        21                  (Response of "Aye.")

        22                  ACTING PRESIDENT O'MARA:

        23       Opposed, nay.

        24                  (No response.)

        25                  ACTING PRESIDENT O'MARA:    The



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         1       resolution is adopted.

         2                  Senator Libous.

         3                  SENATOR LIBOUS:    Mr. President, I

         4       believe there is another privileged resolution

         5       at the desk, by Senator Duane.  May we please

         6       have the title read and call on Senator Duane,

         7       please.

         8                  ACTING PRESIDENT O'MARA:    The

         9       Secretary will read.

        10                  THE SECRETARY:    Legislative

        11       resolution by Senator Duane, commemorating the

        12       100th Anniversary of the Triangle Shirtwaist

        13       Factory Fire on March 25, 2011.

        14                  ACTING PRESIDENT O'MARA:    Senator

        15       Duane.

        16                  SENATOR DUANE:    Thank you,

        17       Mr. President.

        18                  Today, as we do every year, the

        19       Senate honors the memories of the young women

        20       and men killed in the Triangle Shirtwaist

        21       Factory Fire.  This year has special and very

        22       sad significance.  This Friday, March 25th,

        23       will be the 100th anniversary of their cruel,

        24       senseless deaths.

        25                  The Triangle Fire was the worst



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         1       industrial disaster in the history of

         2       New York.  The tragedy also marks a critical

         3       moment in New York labor history and served as

         4       a catalyst for much-needed reforms.  And so on

         5       this anniversary we honor the victims by

         6       recalling not only the horror and the

         7       heartbreak but the resilience and power of

         8       their colleagues in fighting to improve

         9       workplace conditions.

        10                  The 500 employees of the Triangle

        11       Shirtwaist Factory worked six days a week

        12       without breaks.  The doors were locked from

        13       the outside.  Talking was forbidden, bathroom

        14       breaks monitored, and employees were even

        15       forced to buy their own needles and thread.

        16                  Despite a widespread protest that

        17       occurred in 1909, where the workers staged a

        18       walkout, Triangle management still refused to

        19       recognize a union and never met the demands to

        20       unlock the doors and to create functional fire

        21       escapes.  So when the fire broke out in a

        22       scrap bin one Saturday, there was no alarm and

        23       there was no way out.

        24                  Hundreds of workers were left with

        25       no choice but to leap from ninth- and



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         1       tenth-floor windows.  The newspapers of that

         2       day offered graphic, sickening, sad, violent

         3       descriptions of the scene.  And the gruesome

         4       details will forever be in the minds, hearts,

         5       and memories of New Yorkers.

         6                  However, a century later, we are

         7       able to mark the legacy of what happened that

         8       day.  And that legacy is in our child labor

         9       laws, in employee safety regulations, in

        10       40-hour working weeks and collective

        11       bargaining rights.  Those deaths, those

        12       horrible deaths, the legacy has served to

        13       bring fairness and dignity to workers

        14       regardless of age, national origin, gender.

        15                  You know, it may be easy and sadly

        16       it seems too easy now to take this history for

        17       granted.  And it's maybe too easy to dismiss,

        18       to just ignore the place of labor in our

        19       history.  But this history of good that came

        20       from a tragedy includes the legacy which we

        21       provide for immigrants and really those who

        22       are ignored and belittled, around the margins

        23       of our society.

        24                  And we're marking this anniversary

        25       especially so that we never forget our own



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         1       heritage as New Yorkers and that we never,

         2       ever forget the unthinkable struggles and

         3       tragedy of our ancestors.

         4                  Shortly after the fire, the factory

         5       owners went on trial for manslaughter.  They

         6       were acquitted.  No criminal charges, they

         7       were acquitted.  They paid out $75 per victim

         8       in a civil suit.  In contrast, the insurance

         9       company reimbursed the owners nearly $60,000

        10       more than what was reported in losses.  And

        11       two years later, when one of the owners was

        12       caught again locking the doors of his

        13       factories from the outside, he was fined $20.

        14                  But again, the Triangle Fire was a

        15       galvanizing event for New York labor, and the

        16       day after that tragedy 15,000 shirtwaist

        17       workers demonstrated for better conditions.

        18       And the record exists of the editorials and

        19       the pamphlets that were written in Italian and

        20       German and Yiddish and probably dozens of

        21       other languages, demanding change.

        22                  And this terrible thing brought

        23       together Catholic reformers, socialist

        24       organizers, machine politicians and teenage

        25       girls who worked in factories.  And they



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         1       joined together to fight for workers' rights.

         2                  And in response to that widespread

         3       organizing, based on the outrage of what had

         4       happened, this very legislature convened the

         5       1911 Factory Commission which led to overhauls

         6       of fire code regulations, evacuation rules,

         7       sanitary requirements and over 30 total

         8       workplace-safety laws.  Committee cochair

         9       Robert Wagner went on to author the landmark

        10       National Labor Relations Act.

        11                  A woman named Rose Schneiderman of

        12       the Women's Trade Union League told an

        13       audience at the Metropolitan Opera House the

        14       day after the tragedy:  "I know from

        15       experience it is up to the working people to

        16       save themselves.  The only way they can is by

        17       a strong working-class movement."

        18                  And New York's own Frances Perkins,

        19       later President Roosevelt's Commissioner of

        20       Labor, called the Triangle Fire "the day the

        21       New Deal began."

        22                  The reforms made in the years after

        23       the Triangle Fire illustrate for us the

        24       strength of the traditionally marginalized --

        25       of women, of new immigrants, of the poor and



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         1       of the young.  And the progress made on

         2       workers' rights in the Progressive Era and the

         3       New Deal and throughout the history of

         4       New York -- proud parts, parts of New York's

         5       history that we must remain proud of and hold

         6       sacrosanct -- shows us what we can achieve

         7       when people on the edges of society unite and

         8       speak.

         9                  And when people march together and

        10       organize together, they can demand of us in

        11       government what is rightfully theirs:  A safe

        12       working environment, a living wage, respect.

        13       That's the legacy of the Triangle Fire.  It's

        14       a legacy of collective action and social

        15       change, and it was literally forged in fire

        16       and blood.

        17                  And because of that terrible

        18       tragedy, the rest of us are able to live

        19       better lives and we have a chance to have

        20       future generations that will also have better

        21       lives.  And we must not betray the lessons of

        22       the Triangle Fire.

        23                  Thank you, Mr. President.

        24                  ACTING PRESIDENT O'MARA:    Thank

        25       you, Senator Duane.



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         1                  Senator Robach on the resolution.

         2                  SENATOR ROBACH:    Yes,

         3       Mr. President.  Let me join my colleague

         4       Senator Duane and others who are going to

         5       support this on the 100th anniversary of the

         6       Shirtwaist Fire.

         7                  And clearly, as my colleague

         8       Senator Duane pointed out, horrific events

         9       occurred to large numbers of people when

        10       policies weren't in place and people weren't

        11       working toward protecting those that may be

        12       helping them share in profits.

        13                  And in this case, the loss of any

        14       life is critically important.  But these were

        15       immigrants, many Italian and Jewish in

        16       particular, many women and young women that

        17       suffered from the terrible conditions that

        18       were allowed to exist right here in our state.

        19                  And I would certainly agree that

        20       there's no question this was a catalyst for

        21       much that changed, but even today should

        22       remain motivation for all of us to do all we

        23       can to have policies in place that keep

        24       working conditions as safe for everyone, even

        25       those on the job today, though things have



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         1       changed dramatically.

         2                  And I would applaud our own

         3       Department of Labor, who has also historically

         4       kept this alive, had educational forums and

         5       seminars as well as remembrance to let people

         6       know and have all those people that perished

         7       not be completely in vain.

         8                  I would be remiss if I didn't

         9       mention our own former colleague Serph

        10       Maltese, who had three members of his own

        11       family, Italian immigrant women, who perished

        12       in that terrible, horrific accident, and all

        13       he had done to keep that memory alive too so

        14       we could all not only not forget but use that

        15       as motivation to help keep all of today's

        16       employees out of harm's way.

        17                  So I join my colleague Senator

        18       Duane in this very important resolution and

        19       remembrance, especially on its 100th

        20       anniversary.

        21                  Thank you, Mr. President.

        22                  ACTING PRESIDENT O'MARA:    Thank

        23       you, Senator.

        24                  Senator Savino on the resolution.

        25                  SENATOR SAVINO:    Thank you,



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         1       Mr. President.

         2                  I also want to thank Senator Duane

         3       for bringing this resolution.  And I join him

         4       and Senator Robach and I'm sure everyone else

         5       in this room in what is appropriate for the

         6       New York State Senate to stop in its

         7       deliberations and recognize the importance of

         8       the Triangle Shirtwaist Factory Fire, not just

         9       for the tragedy that occurred 100 years ago,

        10       but for the advances in workers' rights that

        11       followed that tragedy.

        12                  Every advance in workers' rights

        13       began as a result of a tragedy.  And I think

        14       it's particularly important that now, at this

        15       time, this 100th anniversary could not be

        16       coming at a more important time for working

        17       people in this country.

        18                  It would be very easy to turn the

        19       clock back on the rights of workers.  As we

        20       speak, across the country in state houses and

        21       governors are looking to curtail the

        22       collective bargaining rights of public

        23       employees right now.  Sadly, many

        24       private-sector employees no longer have a

        25       voice in organized labor.



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         1                  So I think it's very important that

         2       we not only pause, recognize what happened on

         3       that day, reflect on how it should never

         4       happen again, but we should be ever mindful

         5       and vigilant that if the representatives of

         6       working people are stripped of their right to

         7       represent them, if they no longer have a

         8       viable labor movement in this country, if we

         9       say that unions don't have the ability to have

        10       automatic dues deductions so they can have an

        11       organized effort to counteract some of these

        12       antilabor governors and legislators across the

        13       country, we could have another Triangle

        14       Shirtwaist Factory Fire.

        15                  Without a strong labor movement,

        16       you will see OSHA laws disappear just like

        17       that.  Without a strong labor movement, we

        18       will see minimum wage laws disappear just like

        19       that.  We will see working people forced in

        20       never-ending race to the bottom.  That was the

        21       legacy of the Triangle Shirtwaist Factory

        22       Fire -- not only that we stop and recognize

        23       the tragedy on that day and the positive

        24       changes that came about for working people,

        25       but we do not allow their deaths to be in



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         1       vain, we do not turn back the clock in an

         2       effort to somehow deal with a budget crisis

         3       that is not the fault of working people who

         4       are struggling every day.  Never before in

         5       history have we needed a strong organized

         6       labor movement more than we need it today.

         7       That is the legacy of the Triangle Shirtwaist

         8       Factory Fire.

         9                  So I want to thank Senator Duane

        10       for bringing this resolution, Senator Robach

        11       for his comments.  I also think we should

        12       recognize Senator Maltese, who held an event

        13       around this issue every year, for keeping it

        14       foremost in our minds, but never more

        15       important than it is on the 100th anniversary.

        16                  Thank you, Senator Duane.

        17                  ACTING PRESIDENT O'MARA:    Thank

        18       you, Senator.

        19                  Senator Duane.

        20                  SENATOR DUANE:    Thank you,

        21       Mr. President.

        22                  I neglected, and I'm sorry, to

        23       mention Senator Serph Maltese's incredible

        24       involvement in this issue.  And, you know, I

        25       know that the pamphlets that went out in



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         1       Italian just point to the fact of the sadness

         2       of the loss that his family suffered.

         3                  And I also neglected to mention

         4       that on Friday in New York City, at Our Lady

         5       of Pompeii, there will also be a mass marking

         6       this 100th anniversary.  And if anyone is in

         7       the -- what we call the South Village, please

         8       by all means come to this service.

         9                  Thank you, Mr. President.

        10                  ACTING PRESIDENT O'MARA:    Thank

        11       you, Senator.

        12                  Any other member wishing to be

        13       heard on this resolution?

        14                  The question is on the resolution.

        15       All in favor signify by saying aye.

        16                  (Response of "Aye.")

        17                  ACTING PRESIDENT O'MARA:

        18       Opposed, nay.

        19                  (No response.)

        20                  ACTING PRESIDENT O'MARA:    The

        21       resolution is adopted.

        22                  Senator Marcellino.

        23                  SENATOR MARCELLINO:    Thank you,

        24       Mr. President.

        25                  I believe there is a privileged



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         1       resolution at the desk by Senator Squadron.  I

         2       ask that the title be read and move for its

         3       immediate adoption.  And Senator Squadron, I

         4       believe, would like to be heard on it.

         5                  ACTING PRESIDENT O'MARA:    The

         6       Secretary will read.

         7                  THE SECRETARY:    By Senator

         8       Squadron, legislative resolution

         9       congratulating Carlos M. Valdez upon the

        10       occasion of being named a Boys & Girls Club

        11       Youth of the Year.

        12                  ACTING PRESIDENT O'MARA:    Senator

        13       Squadron.

        14                  SENATOR SQUADRON:    Thank you,

        15       Mr. President.

        16                  And we have Mr. Valdez here in the

        17       chamber with us today.  At the time this

        18       resolution was written, he was a Boys and

        19       Girls Club of America Youth of the Year, one

        20       of 35 from around the state.  But today he is

        21       the statewide Youth of the Year, having,

        22       between the writing of the resolution and it

        23       coming up on the floor today, having won that

        24       honor.  And it is certainly well deserved.

        25                  Carlos Valdez grew up on the Lower



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         1       East Side of Manhattan in a public housing

         2       development, first born in Alfred E. Smith

         3       Houses and has lived for the last 13 years in

         4       Baruch Houses, both in the heart of the Lower

         5       East Side.

         6                  He has been committed, he told me

         7       this morning, to working for NASA his whole

         8       life.  Many of us I think as children loved

         9       that idea; the difference with Carlos is he

        10       continues to and has the talents and the skill

        11       to get there.

        12                  He is currently a senior in high

        13       school at Bard High School Early College.  And

        14       he won't just be graduating from high school

        15       this June, he'll be graduating from high

        16       school and concurrently getting an associate's

        17       degree, heading off to college next year and

        18       from there hopefully on to graduate school to

        19       become an engineer and, I am certain, to meet

        20       his dream of going to work for NASA and

        21       becoming an astronaut.

        22                  You know, Carlos Valdez comes here

        23       today along with the 34 others who are being

        24       honored by the Boys & Girls Clubs of America,

        25       each one of whom stands out in their local



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         1       clubhouse.  His is the Education Alliance

         2       Clubhouse, known as the Edgies Clubhouse,

         3       which every year sends a student.  And each of

         4       the 35 students were incredibly deserving.

         5                  Carlos wrote a speech about the

         6       power of youth and the power of youth to

         7       really make a difference.  And his background,

         8       his commitment and his speech have really made

         9       him stand out.  He will now be heading on to

        10       the Northeast Regionals, from there I'm sure

        11       to the nationals, and from there to an

        12       extraordinary future.

        13                  I would say as well that the

        14       Educational Alliance Clubhouse now has two of

        15       the last three statewide Youths of the Year.

        16       And Amarilis Perez from Educational Alliance,

        17       who runs the clubhouse, is due enormous credit

        18       as well and is also here in the chamber with

        19       us.

        20                  You know, it is hard for so many

        21       young people in New York to grow up.  Senator

        22       Duane just spoke movingly about the history a

        23       hundred years ago, and others.  The challenge

        24       continues to exist for so many.  And for so

        25       many young people, because of the challenges



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         1       they face, it's just too easy to give up.  But

         2       that's not true for Carlos, it's not true for

         3       the other Youths of the Year who are up here,

         4       it's not true for the other ones competing

         5       nationally.

         6                  And I think we as a Senate, as a

         7       body, should really take that lesson to heart

         8       and that message to heart.  The work, the

         9       commitment, the faith that if he works hard

        10       and really gives it his all, he will be

        11       successful, is one that should be inspiring to

        12       all of us and to youths across the state.

        13                  I want to just quote here not from

        14       the resolution that we're passing in honor of

        15       Carlos today, but from his own comments about

        16       the Boys & Girls Club Youth of the Year.  "The

        17       Boys & Girls Club means the world to me," he

        18       wrote.  "At the clubhouse I have gained a

        19       family that supports my dreams and helps me

        20       cope with daily challenges I face in my

        21       community.  They are there at the end of the

        22       day to reassure me of my special purpose in

        23       this world.  It is a place that has taught me

        24       that nothing in life is unachievable."

        25                  Well, Carlos, I want you to know



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         1       nothing in life is unachievable if you

         2       continue to work, continue to take the great

         3       talents that you bring to the challenges that

         4       are before you.  Congratulations today on

         5       behalf of the New York State Senate for an

         6       honor well-deserved, and we look forward to

         7       watching you continue to go wonderful places,

         8       perhaps even all the way to space in the years

         9       to come.

        10                  Congratulations, Carlos, on being

        11       New York State Youth of the Year.

        12                  (Applause.)

        13                  ACTING PRESIDENT O'MARA:

        14       Congratulations, Carlos.  Welcome to the

        15       Senate today.  I hope you enjoy your time with

        16       us.  And we extend the courtesies of the house

        17       to you during your time with us here today.

        18                  The question is on the resolution.

        19       All in favor signify by saying aye.

        20                  (Response of "Aye.")

        21                  ACTING PRESIDENT O'MARA:

        22       Opposed, nay.

        23                  (No response.)

        24                  ACTING PRESIDENT O'MARA:    The

        25       resolution is adopted.



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         1                  Senator Marcellino.

         2                  SENATOR MARCELLINO:    Yes,

         3       Mr. President.  May we please at last,

         4       finally, have the reading of the

         5       noncontroversial calendar.

         6                  ACTING PRESIDENT O'MARA:    The

         7       Secretary will read.

         8                  THE SECRETARY:    Calendar Number

         9       15, by Senator LaValle, Senate Print 1456A, an

        10       act to amend the Environmental Conservation

        11       Law.

        12                  ACTING PRESIDENT O'MARA:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT O'MARA:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 61.

        20                  ACTING PRESIDENT O'MARA:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       63, by Senator Seward, Senate Print 1685, an

        24       act to amend the Penal Law.

        25                  ACTING PRESIDENT O'MARA:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 3.  This

         3       act shall take effect on the first of

         4       November.

         5                  ACTING PRESIDENT O'MARA:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT O'MARA:    Senator

         9       Seward, to explain his vote.

        10                  SENATOR SEWARD:    Yes,

        11       Mr. President, to briefly explain my vote.

        12                  This bill before us creates a new

        13       crime of staging a motor vehicle accident

        14       which would be punishable as a felony offense.

        15       Staging an accident under this bill is defined

        16       as intentionally causing a collision for the

        17       purpose of committing insurance fraud.  In a

        18       staged accident the participants risk their

        19       own safety, their target's safety, as well as

        20       the safety of the general motoring public.

        21                  And the bill before us is referred

        22       to as Alice's Law.  It's named after Alice

        23       Ross, who was a 70-year-old grandmother who

        24       was killed as a result of a staged accident in

        25       the New York City borough of Queens.  In fact,



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         1       today is the eighth anniversary of the death

         2       of Alice Ross.

         3                  Mrs. Ross was on her way to her

         4       daughter's house when she was intentionally

         5       struck in the rear of her vehicle by three men

         6       who were out searching for an unsuspecting

         7       victim.  And the impact of this staged

         8       accident caused Mrs. Ross's vehicle to leave

         9       the highway and crash head-on into a tree,

        10       causing her death.

        11                  And after the accident the three

        12       perpetrators, as is the case in these staged

        13       accidents, they were taken to a medical center

        14       where they feigned an assortment of injuries

        15       in order to collect on phony injury claims

        16       through the no-fault system.

        17                  So this bill will not only help to

        18       contain no-fault fraud and reduce insurance

        19       premiums, but it also will create safety for

        20       everyone on our roadways.  It is critical that

        21       we take steps to crack down on the criminals

        22       who perpetrate no-fault fraud and harm

        23       innocent people like Alice Ross in the

        24       process.

        25                  Because no-fault fraud is on the



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         1       rise across the state, particularly in the

         2       New York City area.  In fact, it's estimated

         3       that one out of every five no-fault claims in

         4       the downstate area show evidence of fraud.

         5       And overall, no-fault fraud cost New York

         6       State residents more than $241 million last

         7       year in higher auto insurance premiums.

         8                  So this bill will help not only to

         9       reduce that burden, but also to promote safer

        10       traveling on our highways.

        11                  Mr. President, I vote aye.

        12                  ACTING PRESIDENT O'MARA:    Senator

        13       Seward will be recorded in the affirmative.

        14                  Announce the results.

        15                  THE SECRETARY:    Ayes, 60.  Nays,

        16       1.  Senator Duane recorded in the negative.

        17                  ACTING PRESIDENT O'MARA:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       101, by Senator McDonald, Senate Print 2152,

        21       an act to amend Chapter 542 of the Laws of

        22       1997.

        23                  ACTING PRESIDENT O'MARA:    There

        24       is a home-rule message at the desk.

        25                  Read the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT O'MARA:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 61.

         7                  ACTING PRESIDENT O'MARA:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       142, by Senator Stewart-Cousins, Senate Print

        11       2373, an act to amend the State Technology

        12       Law, the Real Property Law, and the Civil

        13       Practice Law and Rules.

        14                  ACTING PRESIDENT O'MARA:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 6.  This

        17       act shall take effect on the 270th day after

        18       it shall have become law.

        19                  ACTING PRESIDENT O'MARA:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT O'MARA:    Senator

        23       Ritchie wishes to explain her vote.

        24                  SENATOR RITCHIE:    To explain my

        25       vote.



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         1                  I would like to thank Senator

         2       Stewart-Cousins for sponsoring this bill.

         3       Before being elected to the Senate, I served

         4       as the St. Lawrence County Clerk for 11 years.

         5       During my tenure I had the privilege to serve

         6       as the president of the State Association.

         7       And one of my first actions was to create the

         8       E-Recording Committee.

         9                  This bill will help streamline

        10       county government and save taxpayers money.  I

        11       will be voting yes on the bill.

        12                  ACTING PRESIDENT O'MARA:    Senator

        13       Ritchie will be recorded in the affirmative.

        14                  Senator Carlucci wishes to explain

        15       his vote.

        16                  SENATOR CARLUCCI:    Yes, Mr.

        17       President, to explain my vote.

        18                  First I want to congratulate and

        19       thank Senator Stewart-Cousins for sponsoring

        20       this bill.  Like Senator Ritchie, I too was a

        21       clerk before serving in the Senate.  And this

        22       bill is extremely important, and it goes a

        23       long way in terms of giving our

        24       municipalities, giving our clerks another tool

        25       in the toolbox to make government for



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         1       efficient, to make government more accessible,

         2       and I think most importantly to make it more

         3       efficient when it comes to spending taxpayer

         4       dollars.

         5                  This is a step in the right

         6       direction.  And I want to again thank Senator

         7       Stewart-Cousins for sponsoring this bill and

         8       thank my colleagues for joining me in

         9       supporting this bill and voting yes.

        10                  Mr. President, I'll be voting in

        11       the affirmative.  Thank you.

        12                  ACTING PRESIDENT O'MARA:    Senator

        13       Carlucci will be recorded in the affirmative.

        14                  Senator Stewart-Cousins to explain

        15       her vote.

        16                  SENATOR STEWART-COUSINS:    Thank

        17       you, Mr. President.

        18                  And it was certainly a great

        19       pleasure to carry this bill.  And I want to

        20       congratulate the clerks who are now my

        21       colleagues in the Senate, and I think Senator

        22       Maziarz certainly as well.

        23                  But I also wanted to thank my own

        24       Westchester County Clerk, Tim Idoni, who

        25       worked so hard in making sure that we all



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         1       understood what these issues were and are able

         2       to pass this bill here.

         3                  Hopefully we'll get it done in the

         4       Assembly and we will, as my colleagues have

         5       said, start making it easier not only for

         6       these records to be filed but also to save the

         7       taxpayers money and to be much more efficient.

         8                  So I will certainly be voting in

         9       the affirmative.

        10                  ACTING PRESIDENT O'MARA:    Senator

        11       Stewart-Cousins will be recorded in the

        12       affirmative.

        13                  Announce the results.

        14                  THE SECRETARY:    Ayes, 61.

        15                  ACTING PRESIDENT O'MARA:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       147, by Senator Klein, Senate Print 627, an

        19       act to amend the New York State Urban

        20       Development Corporation Act.

        21                  ACTING PRESIDENT O'MARA:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT O'MARA:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT O'MARA:    Senator

         4       Klein to explain his vote.

         5                  SENATOR KLEIN:    Thank you,

         6       Mr. President.

         7                  This legislation expands the

         8       authority of the Urban Development Corporation

         9       and the Empire State Development Corporation

        10       to provide loans and loan guarantees and

        11       grants to a lot of different organizations

        12       like municipalities, businesses, and

        13       industrial development agencies.

        14                  One of the problems that we've seen

        15       over the years is the inability of some of our

        16       inner-city communities, especially my home

        17       borough, the Bronx, to have the proliferation

        18       or see the proliferation of farmer's markets.

        19       This is a way for our upstate farmers to send

        20       their produce down to the city.  With the

        21       numbers of obesity skyrocketing in our

        22       inner-city communities, this is a very

        23       important way for young people and all

        24       families to have access to fresh fruits and

        25       vegetables.



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         1                  So I vote yes, Mr. President.

         2                  ACTING PRESIDENT O'MARA:    Senator

         3       Klein will be recorded in the affirmative.

         4                  Announce the results.

         5                  THE SECRETARY:    Ayes, 62.

         6                  ACTING PRESIDENT O'MARA:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       159, by Senator LaValle, Senate Print 2756, an

        10       act to authorize the Village of

        11       Port Jefferson.

        12                  ACTING PRESIDENT O'MARA:    A home

        13       rule message is at the desk.

        14                  Read the last section.

        15                  THE SECRETARY:    Section 7.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT O'MARA:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 62.

        21                  ACTING PRESIDENT O'MARA:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       201, by Member of the Assembly Sweeney,

        25       Assembly Print Number 5664, an act authorizing



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         1       the lease of lands located at the State

         2       University of New York College at Farmingdale.

         3                  ACTING PRESIDENT O'MARA:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT O'MARA:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 62.

        11                  ACTING PRESIDENT O'MARA:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       229, by Member of the Assembly Wright,

        15       Assembly Print Number 6091, an act to amend

        16       the Labor Law.

        17                  ACTING PRESIDENT O'MARA:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT O'MARA:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT O'MARA:    Senator

        25       Robach to explain his vote.



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         1                  SENATOR ROBACH:    Yes,

         2       Mr. President, just very quickly.

         3                  Happy to join with Assemblyman

         4       Wright on this Governor's program bill that

         5       will give us quick legislative action allowing

         6       us to access federal funds for unemployment,

         7       which obviously is critically important at

         8       these times as people are looking for jobs and

         9       struggling somewhat in the economy.

        10                  Happy we're moving forward to allow

        11       that to move forward, get those federal funds

        12       to give them some relief.  And I'm hopeful

        13       that both in this budget and as we move

        14       forward we will continue to implement policies

        15       that will create more private-sector jobs and

        16       not have people be so reliant on unemployment.

        17       But glad we're taking this very important

        18       step.

        19                  Thank you, Mr. President.

        20                  ACTING PRESIDENT O'MARA:    Senator

        21       Robach will be recorded in the affirmative.

        22                  Announce the results.

        23                  THE SECRETARY:    Ayes, 62.

        24                  ACTING PRESIDENT O'MARA:    The

        25       bill is passed.



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         1                  Senator Marcellino, that completes

         2       the noncontroversial reading of the calendar.

         3                  SENATOR MARCELLINO:    Thank you,

         4       Mr. President.

         5                  Is there any further business at

         6       the desk?

         7                  ACTING PRESIDENT O'MARA:    There

         8       is none.

         9                  SENATOR MARCELLINO:    In that

        10       case, Mr. President, I hand up the following

        11       committee assignments and ask that such

        12       assignments be filed in the Journal.

        13                  ACTING PRESIDENT O'MARA:    They

        14       will be filed in the Journal.

        15                  SENATOR MARCELLINO:    Mr.

        16       President, there being no further business to

        17       come before the Senate this day, I move we

        18       adjourn until Wednesday, March 23rd, at

        19       11:00 a.m.

        20                  ACTING PRESIDENT O'MARA:    On

        21       motion, the Senate stands adjourned until

        22       Wednesday, March 23rd -- at 11:00 a.m.?

        23                  SENATOR MARCELLINO:    That's what

        24       it says.

        25                  ACTING PRESIDENT O'MARA:    Mine



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         1       says 3:00.

         2                  (Laughter.)

         3                  SENATOR MARCELLINO:    Mr.

         4       President, if we could just hold our fire for

         5       two seconds.

         6                  ACTING PRESIDENT O'MARA:    Senator

         7       Marcellino.

         8                  SENATOR MARCELLINO:    Just to

         9       clarify.  As I said, there being no further

        10       business to come before the Senate, I move we

        11       adjourn until Wednesday, March 23rd, at

        12       3:00 p.m.

        13                  (Laughter.)

        14                  ACTING PRESIDENT O'MARA:    I

        15       thought that's what you said.

        16                  On motion, the Senate stands

        17       adjourned until Wednesday, March 23rd, at

        18       3:00 p.m.

        19                  (Whereupon, at 4:05 p.m., the

        20       Senate adjourned.)

        21

        22

        23

        24

        25



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