Regular Session - May 17, 2011

                                                                   3157

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 17, 2011

11                      3:18 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH E. ROBACH, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  

                                                               3158

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

 2                ACTING PRESIDENT ROBACH:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise and 

 5   join me in the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT ROBACH:   In the 

 9   absence of clergy, may we please bow our heads in 

10   a moment of silence.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT ROBACH:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Monday, 

16   May 16th, the Senate met pursuant to adjournment.  

17   The Journal of Sunday, May 15th, was read and 

18   approved.  On motion, Senate adjourned.

19                ACTING PRESIDENT ROBACH:    Without 

20   objection, the Journal stands approved as read.

21                Presentation of petitions.

22                Messages from the Assembly.

23                The Secretary will read.

24                THE SECRETARY:   On page 28, Senator 

25   Gallivan moves to discharge, from the Committee 

                                                               3159

 1   on Children and Families, Assembly Bill Number 

 2   55A and substitute it for the identical Senate 

 3   Bill Number 2551A, Third Reading Calendar 403.

 4                On page 44, Senator Ranzenhofer 

 5   moves to discharge, from the Committee on 

 6   Consumer Protection, Assembly Bill Number 3798 

 7   and substitute it for the identical Senate Bill 

 8   Number 4485, Third Reading Calendar Number 587.

 9                ACTING PRESIDENT ROBACH:    

10   Substitutions ordered.

11                Messages from the Governor.

12                Reports of standing committees.

13                Reports of select committees.

14                Communications and reports from 

15   state officers.

16                Motions and resolutions.

17                Senator Libous.

18                SENATOR LIBOUS:   Thank you, 

19   Mr. President.  At this time could we please 

20   adopt the Resolution Calendar, with the exception 

21   of Resolution Numbers 1797, 1813, and 1874.

22                ACTING PRESIDENT ROBACH:   All in 

23   favor of adopting the Resolution Calendar, with 

24   the exceptions of Resolutions 1797, 1813, and 

25   1874, signify by saying aye.

                                                               3160

 1                (Response of "Aye.")

 2                ACTING PRESIDENT ROBACH:   Any 

 3   opposed, nay.

 4                (No response.)

 5                ACTING PRESIDENT ROBACH:   The 

 6   Resolution Calendar is adopted.

 7                Senator Libous.

 8                SENATOR LIBOUS:   Thank you, 

 9   Mr. President.

10                Mr. President, at this time Senator 

11   Griffo has Resolution Number 1076, which was 

12   previously adopted.  Could we please have it read 

13   in its entirety and then if you could please call 

14   on Senator Griffo.

15                ACTING PRESIDENT ROBACH:   The 

16   Secretary will read.

17                THE SECRETARY:   Legislative 

18   Resolution Number 1076, by Senator Griffo, 

19   congratulating the 2010-2011 New York Mills High 

20   School Boys' Varsity Basketball Team upon the 

21   occasion of capturing the New York State Public 

22   High School Athletic Association Class D 

23   Championship.

24                "WHEREAS, Excellence and success in 

25   competitive sports can be achieved only through 

                                                               3161

 1   strenuous practice, team play and team spirit, 

 2   nurtured by dedicated coaching and strategic 

 3   planning; and 

 4                "WHEREAS, Athletic competition 

 5   enhances the moral and physical development of 

 6   the young people of this state, preparing them 

 7   for the future by instilling in them the value of 

 8   teamwork, encouraging a standard of healthy 

 9   living, imparting a desire for success, and 

10   developing a sense of fair play and competition; 

11   and 

12                "WHEREAS, On Saturday, March 19, 

13   2011, the Marauders of New York Mills High School 

14   captured the New York State Public High School 

15   Athletic Association Class D Boys' Basketball 

16   Championship by defeating Coleman Catholic of 

17   Section IX 47-42 at the Glens Falls Civic Center 

18   to win their second state championship in school 

19   history; and 

20                "WHEREAS, The New York Mills 

21   Marauders advanced to the finals of the New York 

22   State Basketball Championship with a 59-55 win 

23   over Chateaugay of Section X in the state 

24   semifinals; and 

25                "WHEREAS, One of the most successful 

                                                               3162

 1   basketball programs in Central New York, the 

 2   New York Mills Marauders compiled an outstanding 

 3   24-0 record during the 2010-2011 season.  In 

 4   addition to winning the New York State title, the 

 5   Marauders won their third consecutive Center 

 6   State Conference Championship and third 

 7   consecutive Section III Class D championship; and 

 8                "WHEREAS, Leading into the 

 9   championship game, the Marauders had won 55 of 

10   their last 57 games.  Their only losses during 

11   this amazing streak were to the 2009 and 2010 

12   state champions; and 

13                "WHEREAS, During the season, Senior 

14   Co-Captain Fred Russ scored his 1,000th point and 

15   Coach Adey recorded his 450th career coaching 

16   victory.  In his 13 seasons as New York Mills' 

17   head coach, his record is an outstanding 238-59, 

18   and over his 30-year coaching career his record 

19   is 462-156; and 

20                "WHEREAS, The athletic talent 

21   displayed by this team is due in great part to 

22   the efforts of Head Coach Mike Adey and his 

23   talented assistant coaches, Brian Adey, Charlie 

24   Ferguson, Mike Keating and John Stevener, skilled 

25   and inspirational mentors respected for their 

                                                               3163

 1   ability to develop potential into excellence; and 

 2                "WHEREAS, The 2010-2011 New York 

 3   Mills High School Boys' Basketball Team's overall 

 4   record is outstanding, and the team members were 

 5   loyally and enthusiastically supported by family, 

 6   fans, friends and the community at large; and 

 7                "WHEREAS, The hallmarks of the 

 8   2010-2011 New York Mills High School Boys' 

 9   Basketball Team, from the opening game of the 

10   season to its participation in league play and in 

11   the New York State Public High School Athletic 

12   Association championship tournaments, were a 

13   brotherhood of athletic ability, of good 

14   sportsmanship, of honor and of scholarship, 

15   demonstrating that these team players are second 

16   to none; and 

17                "WHEREAS, Athletically and 

18   academically, the team members have proven 

19   themselves to be an unbeatable combination of 

20   talents reflecting favorably on their school and 

21   community; and 

22                "WHEREAS, Sports competition 

23   instills the values of teamwork, pride and 

24   accomplishment, Head Coach Mike Adey, his 

25   coaching staff, and the 2010-2011 New York Mills 

                                                               3164

 1   High School Boys' Basketball Team's outstanding 

 2   athletes have clearly made a contribution to the 

 3   spirit of excellence which is a tradition of 

 4   their school; now, therefore, be it 

 5                "RESOLVED, That this Legislative 

 6   Body pause in its deliberations to congratulate 

 7   the 2010-2011 New York Mills High School Boys' 

 8   Basketball Team, its members -- Jonathan Ross, 

 9   Shane Joswick, James Fellone, Nicholas Etienne, 

10   Addison Wolanin, Jacob Kehrli, Richard Matrassi, 

11   Cody Mariotti, Justin Stevener, Matthew Welch, 

12   Co-Captain Jeffrey Albright and Co-Captain Fred 

13   Russ -- as well as Head Manager Cameron Jennings, 

14   Assistant Managers George Albert, Nathan Hartman, 

15   Casey Rice, and Joe Topa, Head Coach Mike Adey, 

16   and Assistant Coaches Brian Adey, Charlie 

17   Ferguson, Mike Keating and John Stevener, on 

18   their New York State Public High School Athletic 

19   Association Class D Boys' Basketball 

20   Championship, their League and Section III 

21   championships, and their outstanding season and 

22   overall team record; and be it further 

23                "RESOLVED, That copies of this 

24   resolution, suitably engrossed, be transmitted to 

25   the members and coaching staff of the 2010-2011 

                                                               3165

 1   New York Mills High School Boys' Basketball 

 2   Team."

 3                ACTING PRESIDENT ROBACH:   Senator 

 4   Griffo on the resolution.

 5                SENATOR GRIFFO:   Thank you, 

 6   Mr. President.  

 7                I think the resolution really gave 

 8   all the statistics, and they are quite impressive 

 9   statistics.  And I want to thank all of the young 

10   men and the family members who have joined them 

11   today -- Superintendent Houghton and the athletic 

12   director, I think Andrea is up there too -- for 

13   being here in the chamber here today.  

14                This is quite an accomplishment.  In 

15   fact, Senator Little, who represents the Glens 

16   Falls area, had an opportunity to see you.  I 

17   didn't get that same opportunity because I didn't 

18   get to a game this year and Coach Adey is 

19   superstitious.  So I made sure that we listened.

20                (Laughter.)

21                SENATOR GRIFFO:   And what an 

22   impressive run they had, as you saw what took 

23   place throughout the season, as you read and 

24   heard the statistics of what this team 

25   accomplished.  Twenty-four and 0 is quite 

                                                               3166

 1   impressive.  And to be at this particular place 

 2   at Glens Falls two years in a row, for a small 

 3   school, shows the great athletic talent that they 

 4   have assembled there.  

 5                But more importantly, I think -- or 

 6   equally as important, I should say, is the way 

 7   these young men handled themselves throughout 

 8   this season.  I think that they really have been 

 9   able to achieve great things that they will 

10   remember throughout their entire lives.  Great 

11   lessons have been learned.  There will be fond 

12   memories of this championship season and the time 

13   that they have spent at New York Mills.  

14                But it's the type of learning 

15   environment that has been nurtured by their 

16   coaches and by the administration in that school 

17   that has enabled them not only to be excellent 

18   athletes who can compete and compete so 

19   successfully, but also that they are going to be 

20   positioned to do extraordinary things in their 

21   life.  So the lessons they have learned -- the 

22   character, the determination, the competitive 

23   spirit, the resolve to do good things -- will 

24   stay with them throughout their lives.  

25                And I want to specifically thank 

                                                               3167

 1   Coach Adey, Coach Mike Adey, who I've known for a 

 2   long time.  In fact, he had black hair when I 

 3   first met him, I think.  And he is such an 

 4   extraordinary individual.  And you heard some of 

 5   the things in the resolution today also talk 

 6   about his history.  This is a Hall of Fame 

 7   coach.  

 8                But he is just a remarkable 

 9   influence on these young men.  He is an 

10   individual of integrity and character, a great 

11   instructor, also an educator.  And he has really 

12   done so much to mold this team, to bring them 

13   together to be a team.  And I think a lot of the 

14   success is attributed to him.  

15                And as proud as he is of all of you, 

16   I know he's equally as proud of all his coaches, 

17   but particularly one coach who is his son, Brian 

18   Adey, who is also my director of operations, a 

19   fellow Senate employee of all of ours.  And he 

20   does a great job each and every day for me, and I 

21   know he did an extraordinary job in helping to 

22   contribute to the championship season that you 

23   all were able to celebrate this year.  

24                And to beat Coleman Catholic -- I'll 

25   tell you, that is a great thing.  Because the 

                                                               3168

 1   Secretary of the Senate here, Frank Patience, he 

 2   is an alumni of Coleman Catholic.  Is that true?  

 3   I believe he is.  So they beat them on 

 4   St. Joseph's Day, Frank; I want you to know that 

 5   too.  

 6                So it was a great day in the 

 7   school's history, but I think it's an important 

 8   day in the lives of each and every one of these 

 9   young men.

10                So I want to thank the 

11   administration, the coaches, the parents for what 

12   they gave to these young men in their rearing, 

13   because that is so important that you built young 

14   men of character and integrity who will do great 

15   things.  

16                And to all of you, congratulations 

17   on a great accomplishment, as I said, that I 

18   believe that you will take with you throughout 

19   your entire life.  But equally as important, 

20   everything that you associated with, everything 

21   that developed during this time period you will 

22   carry with you to make you a great success in 

23   your future.  So we look to hear many great 

24   things from all of you.  

25                So congratulations.  And I sincerely 

                                                               3169

 1   appreciate you being here today.  And we're proud 

 2   to recognize you.  

 3                I present to you the New York State 

 4   championship team, New York Mills Marauders.  

 5                You want to stand, please?

 6                (Standing ovation.)

 7                SENATOR GRIFFO:   Thank you, 

 8   Mr. President.

 9                ACTING PRESIDENT ROBACH:   Thank 

10   you, Senator Griffo.

11                Senator Libous on the resolution.

12                SENATOR LIBOUS:   Thank you, 

13   Mr. President.  

14                I want to join my colleague Senator 

15   Griffo in congratulating this outstanding team.  

16   And certainly their accomplishments speak for 

17   themselves.  I mean, just what you heard in the 

18   resolution is pretty remarkable.  And my hat is 

19   off certainly to the players and to the coaches 

20   and to the school district for this outstanding 

21   achievement.

22                But I also want to stand to 

23   recognize someone who I happen to know on the 

24   team, and that's my nephew, Richie Matrassi.  So, 

25   Senator Griffo, make sure that they all get in -- 

                                                               3170

 1   Richie, there you go, buddy.  All right.  He's 

 2   not shy, by the way.  It runs in the family; 

 3   we're not shy.

 4                But anyway, to the entire team, 

 5   seriously, your accomplishments are incredible.  

 6   What you've done on the athletic field and I'm 

 7   sure what you do in the classroom is something 

 8   that everybody in this chamber is very proud of.

 9                 So Senator Griffo, thank you for 

10   bringing these champions here.  I'm only jealous 

11   that they're not from Broome County -- but maybe 

12   next time.

13                ACTING PRESIDENT ROBACH:   Thank 

14   you, Senator Libous.  

15                Senator Seward on the resolution.

16                SENATOR SEWARD:   Yes, thank you, 

17   Mr. President.  Very briefly.  

18                I do not have any relative on the 

19   team --

20                (Laughter.)

21                SENATOR SEWARD:   -- but in 

22   representing a neighboring Senate district and an 

23   avid watcher of Channel 2 Utica and, what is it, 

24   Sports Express every weekend, I followed the 

25   victorious season of this New York Mills 

                                                               3171

 1   Marauders team this past winter.  

 2                And I just wanted to stand and say 

 3   it's an honor and pleasure to have you in the 

 4   chamber today.  You're true champions both on and 

 5   off the court.  I'm delighted to join your 

 6   Senator, Senator Griffo, in congratulating you.  

 7   And I'm very, very pleased to support this 

 8   resolution.  

 9                And I heard so much about you and 

10   watched you on television, and it's a great honor 

11   to see you personally.  Congratulations.

12                ACTING PRESIDENT ROBACH:   Thank 

13   you, Senator Seward.

14                Is there any other Senator wishing 

15   to be heard?

16                This resolution was previously 

17   adopted on March 29th.  

18                But on behalf of all the Senators, 

19   let us applaud you on your victory, welcome you 

20   here to the chamber, and extend to you the 

21   courtesies of the house.  Job well done.

22                (Applause.)

23                ACTING PRESIDENT ROBACH:   Senator 

24   Libous.

25                SENATOR LIBOUS:   Thank you, 

                                                               3172

 1   Mr. President.  

 2                At this time I believe Senator 

 3   Savino has Resolution Number 1813 at the desk.  

 4   May we please have it read in its entirety, and 

 5   could you please call on Senator Savino.

 6                ACTING PRESIDENT ROBACH:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Legislative 

 9   Resolution Number 1813, by Senator Savino, 

10   welcoming the Staten Island Girl Scouts upon the 

11   occasion of their visit to Albany, New York, on 

12   Tuesday, May 17, 2011.

13                "WHEREAS, It is the sense of this 

14   Legislative Body to act in accord with its 

15   long-standing traditions, honoring the youth of 

16   today, and leaders of tomorrow, whose character 

17   and achievements exemplify the ideals and values 

18   cherished by this great state and nation; and 

19                "WHEREAS, Attendant to such concern, 

20   and in full accord with its long-standing 

21   traditions, this Legislative Body is justly proud 

22   to welcome the Staten Island Girl Scouts upon the 

23   occasion of their visit to Albany, New York, on 

24   Tuesday, May 17, 2011; and 

25                "WHEREAS, This auspicious visit is 

                                                               3173

 1   part of their biannual trip to the Capitol of 

 2   this great Empire State and will include a visit 

 3   to the State Museum, a meet-and-greet with 

 4   members of the Legislature from Staten Island, a 

 5   pizza party, and a grand tour of the Capitol; and 

 6                "WHEREAS, The Staten Island Girl 

 7   Scouts visiting this year are Alexa Ruberti, 

 8   Alyssa LaRocca, Amanda Casella, Andrea LaPointe, 

 9   Autumn Montanez, Brianna Benjamin, Brianna 

10   Valente, Brigid Fegeley, Caitlin Derbyshire, 

11   Christina Ramos, Christina Tenteromano, Christine 

12   Moog, Danielle Crespo, Danielle Struthers, Deanna 

13   Assad, Elain Minew, Francesa Lamberti, Jennifer 

14   Orlando, Julia Dalessio, Kaycee Barris, Laine 

15   Cialdella, Milena Battaglia, Olivia DeVoti, 

16   Rachel Cook, Rebecca Holzer, Rebecca Renzetti, 

17   Samantha Bergen, Samantha Brandt, Samantha 

18   Ciprut, Shruti Sharma, Stephanie Bergen, 

19   Stephanie Campitiello, Taylor Burgio, Theresa 

20   Figueroa, Toniann Lehmann, Tyler Ramos, and 

21   Victoria Gonzalez.  The chaperones include 

22   Christine Battaglia, Aimee Bergen, Connie 

23   Dalessio, Joann Paradiso, Michele Lamberti, Susan 

24   Hogan, and Joan Ventriglia; and

25                "WHEREAS, Girl Scouting in the 

                                                               3174

 1   United States of America, which will celebrate 

 2   its 100th anniversary next year, began on 

 3   March 12, 1912, when Juliette 'Daisy' Gordon Low 

 4   organized the first Girl Scout troop meeting of 

 5   18 girls in Savannah, Georgia.  Since then, it 

 6   has grown to 3.7 million members worldwide; and 

 7                "WHEREAS, Girl Scouting has 

 8   cultivated in our nation's young people the goals 

 9   of building solid values of sisterhood and the 

10   importance of working with others, stimulating 

11   both mind and body, instilling pride, and 

12   encouraging community service and success; and 

13                "WHEREAS, Girl Scouting has expanded 

14   the horizons of the countless hundreds of 

15   thousands who have participated in scouting 

16   programs which have made scouting an American and 

17   international institution; and 

18                "WHEREAS, This Legislative Body is 

19   pleased to recognize the Staten Island Girl 

20   Scouts and to wish them a future of purposeful 

21   success and well-being; now, therefore, be it 

22                "RESOLVED, That this Legislative 

23   Body pause in its deliberations to welcome the 

24   Staten Island Girl Scouts upon the occasion of 

25   their visit to Albany, New York, on Tuesday, 

                                                               3175

 1   May 17, 2011; and be it further 

 2                "RESOLVED, That a copy of this 

 3   resolution, suitably engrossed, be transmitted to 

 4   the Staten Island Girl Scouts."

 5                ACTING PRESIDENT ROBACH:   Before we 

 6   go to Senator Savino, could we just ask 

 7   colleagues to take the conversations outside and 

 8   get a little order in the chamber.  Thank you.

 9                Senator Savino on the resolution.

10                SENATOR SAVINO:   Thank you, 

11   Mr. President.

12                It is my distinct pleasure to once 

13   again host the Staten Island Girl Scouts Troop 

14   here in Albany.  This is the third time that I've 

15   had the opportunity to do that, along with the 

16   Staten Island delegation -- Senator Lanza, who 

17   I'm sure will be here any moment, and the 

18   Assembly delegation.  We have a new member this 

19   year, Assemblywoman Nicole Malliotakis, along 

20   with Assemblyman Matthew Titone, Assemblyman Lou 

21   Tobacco, and Assemblyman Michael Cusick.

22                Everybody has wonderful Girl Scouts 

23   in their communities, but we like to think that 

24   our Girl Scouts from Staten Island are 

25   particularly impressive, and we're always happy 

                                                               3176

 1   to have them here with us.  And their troop 

 2   leaders:  Christine Battaglia, who is really a 

 3   tremendous mentor and a role model to these young 

 4   girls, along with the other chaperones who have 

 5   been mentioned -- Aimee Bergen, Connie Dalessio, 

 6   Joann Paradiso, Michele Lamberti, Susan Hogan,  

 7   and Joan Ventriglia.  

 8                This is the third time the Girl 

 9   Scouts have come to visit us from Staten Island, 

10   and it's particularly important this year as the 

11   Girl Scouts International begins to celebrate 

12   their hundredth anniversary.  One hundred years 

13   ago in March, Juliette Gordon Low organized the 

14   first Girl Scouts troop, in March 1912, in 

15   Savannah, Georgia.  

16                Many of the women in this 

17   Legislature that have served have been Girl 

18   Scouts.  I am not one of them, I've shared that 

19   with them, although they did make me an honorary 

20   Girl Scout.  

21                These young ladies truly reflect the 

22   Girl Scout mission and motto, which is that Girl 

23   Scouting builds girls of courage, confidence, and 

24   character who make the world a better place.  And 

25   like some of the most famous Girl Scouts that 

                                                               3177

 1   have come before them, I know they're going to 

 2   accomplish great things.  Like Geraldine Ferraro, 

 3   like Hillary Clinton, like Sandra Day O'Connor, 

 4   like astronauts Christa McAuliffe and Sally Ride, 

 5   like Madeleine Albright, like Barbara Walters.  

 6   And also some pretty hip ones, like Mariah Carey 

 7   and Sheryl Crow and Natalie Merchant and Venus 

 8   Williams.  

 9                These young ladies here will be able 

10   to accomplish anything they want, and a lot of it 

11   will be built on the foundation of the Girl 

12   Scouts.  

13                So welcome to Albany.  Again, 

14   congratulations for everything you've 

15   accomplished and what you're going to do going 

16   forward.  And I know that everyone here wishes 

17   you nothing but success in your future 

18   endeavors.  

19                Thank you, Mr. President.

20                ACTING PRESIDENT ROBACH:   Thank 

21   you, Senator Savino.

22                Are there any other Senators wishing 

23   to be heard on the resolution?

24                If none, the question is on the 

25   resolution.  All in favor signify by saying aye.

                                                               3178

 1                (Response of "Aye.")

 2                ACTING PRESIDENT ROBACH:   Any 

 3   opposed, nay.

 4                (No response.)

 5                ACTING PRESIDENT ROBACH:   The 

 6   resolution is adopted.

 7                Young ladies, it's great to have you 

 8   here.  We hope you enjoy your visit.  And thank 

 9   you for all the good things you're doing in 

10   Scouts.

11                (Applause.)

12                ACTING PRESIDENT ROBACH:   Senator 

13   Libous.

14                SENATOR LIBOUS:   Mr. President, at 

15   this time could I have unanimous consent from the 

16   body for Senator Oppenheimer to make a brief 

17   statement.

18                ACTING PRESIDENT ROBACH:   Without 

19   objection.

20                SENATOR LIBOUS:   Thank you, 

21   Mr. President.  Would you call on Senator 

22   Oppenheimer.

23                ACTING PRESIDENT ROBACH:   Senator 

24   Oppenheimer.

25                SENATOR OPPENHEIMER:   Thank you.  

                                                               3179

 1   And thank you, Senator Libous.  

 2                This was an unexpected surprise, but 

 3   I am very, very delighted and honored to be able 

 4   to introduce two very wonderful young ladies.  

 5   They're sitting in that corner.  Come on, girls, 

 6   stand up.  Okay.  As you can see, they're 

 7   gorgeous.  

 8                We have Miss Westchester, that's 

 9   Christina DeLeon, and she's a student teacher in 

10   Yonkers.  She's going to graduate, would you 

11   believe summa cum laude, from SUNY Old Westbury 

12   in just a few weeks, and then she's going on to 

13   get her master's in special education at Mercy 

14   College this fall.  Here is a woman who is going 

15   to make I think waves.  We are going to see a 

16   lot, we expect a lot from Tina.  That's what she 

17   calls herself.

18                Tina, we congratulate you on your 

19   great plans for the future, and good luck in the 

20   process you're in right now.

21                And right next to her is Samantha 

22   Gold, otherwise known as Sam, who is Miss 

23   Westchester Teen.  And Sam is a senior at Byram 

24   Hills High School, and she's preparing to do an 

25   internship with the Westchester County Police 

                                                               3180

 1   Academy.  And she plans to study criminal justice 

 2   when she gets to college.  

 3                And these young women, they 

 4   represent all that is good about Westchester's 

 5   youth and about the youth of our state.  They are 

 6   not only gorgeous, as we can see, but they are 

 7   intelligent and articulate and compassionate and 

 8   they're just charming and a whole lot of fun to 

 9   be with.  

10                And I thank you so much, girls, for 

11   coming up and joining us today in the Senate.  

12                Thank you, Mr. President.

13                ACTING PRESIDENT ROBACH:   Thank 

14   you.  Thank you, Senator Oppenheimer.

15                We welcome these extraordinary young 

16   women to the chamber.  Hope you enjoy your day 

17   here in Albany, and keep up the great work.  

18   Thanks.

19                (Applause.)

20                ACTING PRESIDENT ROBACH:   Senator 

21   Libous.

22                SENATOR LIBOUS:   Mr. President, at 

23   this time there will be an immediate meeting of 

24   the Finance Committee in Room 332.  That's an 

25   immediate meeting of the Finance Committee in 

                                                               3181

 1   Room 332.  The Senate will temporarily stand at 

 2   ease.

 3                ACTING PRESIDENT ROBACH:    

 4   Immediate meeting of the Finance Committee in 

 5   Room 332, and the Senate will stand at ease 

 6   temporarily.

 7                (Whereupon, the Senate stood at ease 

 8   at 3:42 p.m.)

 9                (Whereupon, the Senate reconvened at 

10   4:08 p.m.)

11                ACTING PRESIDENT ROBACH:   The 

12   Senate will come to order.

13                Senator Libous.

14                SENATOR LIBOUS:   Mr. President, 

15   could we return to reports of standing 

16   committees.

17                ACTING PRESIDENT ROBACH:   Reports 

18   of standing committees.  

19                The Secretary will read.

20                THE SECRETARY:   Senator 

21   DeFrancisco, from the Committee on Finance, 

22   offers the following nomination.

23                As commissioner of the New York 

24   State Department of Motor Vehicles, Barbara 

25   Fiala.

                                                               3182

 1                ACTING PRESIDENT ROBACH:   Senator 

 2   DeFrancisco on the nomination.

 3                SENATOR DEFRANCISCO:   I would move 

 4   the nomination of Barbara Fiala as the 

 5   commissioner of the New York State Department of 

 6   Motor Vehicles, and request that you recognize 

 7   Senator Libous to second the nomination.

 8                ACTING PRESIDENT ROBACH:   Senator 

 9   Libous to second the nomination.

10                SENATOR LIBOUS:   Thank you, 

11   Mr. President.  Thank you, Senator DeFrancisco.

12                Mr. President and my colleagues, it 

13   is indeed an honor for me to stand before you 

14   today and talk about the nominee who's before 

15   us.  The Governor, Governor Cuomo, has done an 

16   outstanding job in picking someone who will be a 

17   great commissioner of the office of DMV, who 

18   understands the issues as an employee of that 

19   office, as the director of that office, and then 

20   one who went on in her career to be a very 

21   successful county executive in the County of 

22   Broome.  

23                As I mentioned in the Finance 

24   Committee, Barbara, I'm going to miss you as 

25   county executive.  As a matter of fact, I got 

                                                               3183

 1   along better with you than I did with Republican 

 2   county executives, and we got a lot done 

 3   together.  

 4                And certainly that's the kind of 

 5   cooperation that Barbara will show with all of us 

 6   and certainly the people of New York State.  She 

 7   has an outstanding career.  I think she said that 

 8   this is your 31st year? -- 30th year of public 

 9   service.  And that goes back, as I said, to the 

10   office of Department of Motor Vehicles.

11                As far as her dedication, her 

12   commitment, her passion, as head of the 

13   department of Motor Vehicles and certainly as the 

14   county clerk and certainly as our county 

15   executive, she has the passion for the job and 

16   she gets what's important.  And what's important 

17   is serving the people of New York State.  

18                And unfortunately, not all of the 

19   commissioners or those who have served over the 

20   years as commissioners understood that when they 

21   got the job.  I know you understand that, because 

22   I've seen you perform, I've seen you in action.  

23                And, Mr. President, this is a good 

24   day.  The people of Broome County are very, very 

25   proud of her accomplishments and what she has 

                                                               3184

 1   done.  I know that she has family members and 

 2   friends here today that are extremely proud of 

 3   her, as I am.

 4                So, Mr. President, it is a pleasure 

 5   and honor to second the nomination of Barbara 

 6   Fiala as the commissioner of DMV.

 7                ACTING PRESIDENT ROBACH:   Thank 

 8   you, Senator Libous.

 9                Senator Fuschillo.

10                SENATOR FUSCHILLO:   Thank you very 

11   much, Mr. President.  

12                I follow on the heels of my 

13   colleague Senator Tom Libous, who even before 

14   Barbara Fiala came to the Transportation 

15   Committee, Barbara, I felt like I knew you 

16   because Tom Libous didn't stop talking about you, 

17   in a very positive way.  

18                And I think in the Finance Committee 

19   you said tomorrow is your 30th anniversary when 

20   you became the supervisor of DMV in your 

21   hometown.

22                Mr. President, this is -- as Tom 

23   Libous said in the Finance Committee, we've 

24   complimented the Governor on previous 

25   nominations, but this one is outstanding.  Her 

                                                               3185

 1   record of public and community service is second 

 2   to none.  

 3                And I know, based on her comments in 

 4   the Transportation Committee, where she was 

 5   approved unanimously to come and serve as the 

 6   commissioner of DMV and get to this point, she 

 7   will do an outstanding job.

 8                DMV has come a long way.  And I 

 9   remember as a kid going to Privado Road where it 

10   used to be in Westbury and packing my lunch and 

11   sitting there waiting to just get a renewal of a 

12   driver's license.  But it still needs to come 

13   further.  And public and community service really 

14   is the basis of getting individuals in and out.  

15                And I know that Commissioner Fiala 

16   will serve the residents of State of New York 

17   with great distinction and pride.  I proudly 

18   second the nomination.

19                ACTING PRESIDENT ROBACH:   Senator 

20   Breslin.

21                SENATOR BRESLIN:   Thank you, 

22   Mr. President.  

23                Barbara, as a fellow upstater, I 

24   commend the Governor for just an outstanding 

25   choice.  When you talk to people across the 

                                                               3186

 1   upstate area, you hear words like "professional," 

 2   "honest," "decent," "bright," "consummate person 

 3   to work together."  That's Barbara Fiala.

 4                And I've talked to my much older 

 5   brother Michael, who's a fellow county executive, 

 6   and he echoes those comments, that when you want 

 7   something done you pick Barbara Fiala.  And the 

 8   Governor has done it with Motor Vehicles.  

 9                I commend him, and I commend you for 

10   taking on those responsibilities.  You'll do a 

11   wonderful job.  Congratulations.

12                ACTING PRESIDENT ROBACH:   Thank 

13   you, Senator Breslin.

14                Senator Griffo.

15                SENATOR GRIFFO:   Thank you, 

16   Mr. President.  I also want to congratulate the 

17   Governor on a very excellent choice.

18                As a former county executive, I had 

19   an opportunity to work with Barbara when she was 

20   county executive of Broome and I was county 

21   executive of Oneida.  She had great respect 

22   across the state from other county executives, 

23   and she did an extraordinary job during that 

24   tenure.  

25                Just getting along with Senator 

                                                               3187

 1   Libous had to be huge.  So that is a significant 

 2   accomplishment.

 3                (Laughter.)

 4                SENATOR GRIFFO:   But many in the 

 5   counties during that time always looked to 

 6   Barbara for her creative ideas and solutions.  

 7   And I know she talked today about customer 

 8   service and the importance of serving the people 

 9   of this state and the people of the community 

10   that she has had the opportunity to represent 

11   throughout her tenure.  

12                So today I just want to add my voice 

13   to congratulating her.  I think it's an excellent 

14   choice.  I know that she'll do an extraordinary 

15   job.  

16                Congratulations and good luck.

17                ACTING PRESIDENT ROBACH:   Thank 

18   you, Senator Griffo.

19                Senator Maziarz.

20                SENATOR MAZIARZ:   Thank you very 

21   much, Mr. President.  

22                I've always said to this governor 

23   and to previous governors, when you're choosing a 

24   commissioner of Motor Vehicles, choose a county 

25   clerk.  There is nobody who knows more -- and I 

                                                               3188

 1   think my colleague Senator Ritchie would agree -- 

 2   knows more about the operations of the Department 

 3   of Motor Vehicles than a county clerk.  

 4                And, Barbara, I know it's a proud 

 5   moment for you and your family.  You started out 

 6   in the Department of Motor Vehicles and, you 

 7   know, seeing people that Senator Fuschillo talked 

 8   about coming in there, usually with a whole bunch 

 9   of problems, and you took care of them and worked 

10   your way up to become the county clerk of Broome 

11   County.  And later on you accepted a demotion to 

12   county executive from county clerk.  I can't 

13   believe that.

14                (Laughter.)

15                SENATOR MAZIARZ:   But as a former 

16   county clerk, I want to congratulate my colleague 

17   and friend Barbara Fiala.  She's going to do a 

18   great job as the DMV commissioner.  

19                Thank you, Mr. President.

20                ACTING PRESIDENT ROBACH:   Senator 

21   DeFrancisco.

22                SENATOR DEFRANCISCO:   You know, 

23   we've all had this experience one time or another 

24   that you meet someone and you think you've known 

25   her or him your whole life.  And that's the way 

                                                               3189

 1   it felt for me when I first met this nominee last 

 2   week and we had a nice chat.  And we had so many 

 3   things in common, it was just amazing.  

 4                In fact, her parish priest is coming 

 5   to our parish in Syracuse to replace the parish 

 6   priest.  And I just asked her to please tell him 

 7   to keep his sermons short before he came to 

 8   Syracuse, because that's the clear sign of a good 

 9   parish priest.

10                (Laughter.)

11                SENATOR DEFRANCISCO:   Also, and 

12   much, much more importantly, it's obvious that 

13   she worked hard to get where she is today.  Often 

14   in this day and age in our society people jump 

15   over other people for many reasons, not 

16   necessarily by ability and by hard work.

17                You're a great example of someone 

18   who started in the trenches and worked your way 

19   through various positions.  And you got the next 

20   position because you deserved it.  And you 

21   definitely deserve this position, and we look 

22   forward to meeting and working with you during 

23   the course of your tenure.

24                Congratulations.

25                ACTING PRESIDENT ROBACH:   Thank 

                                                               3190

 1   you, Senator DeFrancisco.

 2                Is there any other Senator wishing 

 3   to be heard?  

 4                Senator Ritchie.

 5                SENATOR RITCHIE:   I would also like 

 6   to commend the Governor for such an excellent 

 7   pick.  

 8                Barbara, we served together as 

 9   county clerks and as members of the New York 

10   State Association of County Clerks.  You always 

11   put your county first.  You always worked hard to 

12   make sure that the revenue stayed locally so that 

13   the offices could operate and we could provide 

14   the services that were necessary for our 

15   constituents.

16                So once again, I congratulate you.  

17   I look forward to working with you.  And I'm sure 

18   you're going to be an excellent commissioner.

19                ACTING PRESIDENT ROBACH:   Thank 

20   you, Senator Ritchie.

21                If there are no other Senators to 

22   speak, the question is on the nomination of 

23   Barbara Fiala as the commissioner of the New York 

24   State Department of Motor Vehicles.  All those in 

25   favor signify by saying aye.

                                                               3191

 1                (Response of "Aye.")

 2                ACTING PRESIDENT ROBACH:   Any 

 3   opposed, nay.

 4                (No response.)

 5                ACTING PRESIDENT ROBACH:   The 

 6   nomination is confirmed.  

 7                Congratulations, Barbara.

 8                (Applause.)

 9                ACTING PRESIDENT ROBACH:   We not 

10   only want to congratulate you, but also welcome 

11   your family.  We know you have your husband Tony 

12   with you, your son Tony, your son James and his 

13   wife Mary Lou, their two sons, Nicholas and 

14   Nathan, and also your brother Anthony and his 

15   wife Marge as well as your brother Nick and his 

16   wife Joanne, and Betty, your sister-in-law.  

17                We wish you all the best in your new 

18   position and welcome you and your family to the 

19   chamber.  God bless.

20                (Applause.)

21                ACTING PRESIDENT ROBACH:          

22   Senator Libous.  

23                SENATOR LIBOUS:   Thank you, 

24   Mr. President.  Now you know how she won her 

25   elections.

                                                               3192

 1                (Laughter.)

 2                SENATOR LIBOUS:   Mr. President, 

 3   could we at this time return to motions and 

 4   resolutions, please.

 5                ACTING PRESIDENT ROBACH:   Motions 

 6   and resolutions.

 7                SENATOR LIBOUS:   I believe there's 

 8   a resolution at the desk by Senator Perkins, 

 9   Number 1797.  Could we have please have the 

10   resolution title read and then move for its 

11   adoption.

12                ACTING PRESIDENT ROBACH:   The 

13   Secretary will read.

14                THE SECRETARY:   Legislative 

15   Resolution Number 1797, by Senator Perkins, 

16   celebrating the 86th Birthday of Malcolm X, the 

17   human rights activist and one of the most 

18   influential African-American leaders in history.

19                ACTING PRESIDENT ROBACH:   Senator 

20   Perkins.  

21                SENATOR PERKINS:   Thank you very 

22   much, Mr. President.  I just want to be brief and 

23   express my appreciation for the opportunity to 

24   put forward this resolution.  

25                As you pointed out, May 19th marks 

                                                               3193

 1   the 86th birthday of Malcolm X, a prominent 

 2   figure in African-American and American history, 

 3   for that matter, and one of the most outspoken 

 4   activists on behalf of the civil rights and human 

 5   rights movement.  I'm honored to sponsor this 

 6   resolution that pays tribute to his life and 

 7   accomplishments.  

 8                Malcolm X was well-known for his 

 9   ability to move an audience with a passion and 

10   veracity.  He would often say "If you don't stand 

11   for something, you will fall for anything."  He 

12   embodied this doctrine, he lived true to this 

13   doctrine.  It was his progressive and forthright 

14   advocacy for civil rights and human rights that 

15   unfortunately led to his assassination.  

16                As a society we were taught many 

17   lessons from Malcolm X, lessons that will endure 

18   long after his words were spoken.  One particular 

19   message echoes in my mind every time I enter this 

20   chamber or I stand ready and willing to defend 

21   the rights of my constituents:  "Power in defense 

22   of freedom is greater than power on behalf of 

23   tyranny and oppression, because real power comes 

24   from our conviction, which produces action, 

25   uncompromising action."  As legislators, as 

                                                               3194

 1   citizens, and as human beings, we must never 

 2   forget these words.  

 3                Thank you very much.  And I ask my 

 4   colleagues to join me in supporting this 

 5   resolution.

 6                ACTING PRESIDENT ROBACH:   Thank 

 7   you, Senator Perkins.

 8                Is there any other Senator wishing 

 9   to be heard?

10                The question is on the resolution.  

11   All those in favor signify by saying aye.

12                (Response of "Aye.")

13                ACTING PRESIDENT ROBACH:   Any 

14   opposed, nay.

15                (No response.)

16                ACTING PRESIDENT ROBACH:   The 

17   resolution is adopted.

18                Senator LaValle.

19                SENATOR LaVALLE:   Yes, 

20   Mr. President.  May we please take up Resolution 

21   1874, by Senator Smith, and may we have the title 

22   read and move for its immediate adoption.

23                ACTING PRESIDENT ROBACH:   The 

24   Secretary will read.

25                THE SECRETARY:   Legislative 

                                                               3195

 1   Resolution Number 1874, by Senator Smith, 

 2   honoring Southeast Queens, New York, 

 3   Actor-Director Arthur French upon the occasion of 

 4   his designation as recipient of the Lifetime 

 5   Achievement Award by the Coalition of Theatres of 

 6   Color.

 7                ACTING PRESIDENT ROBACH:   The 

 8   question is on the resolution.  All those in 

 9   favor signify by saying aye.

10                (Response of "Aye.")

11                ACTING PRESIDENT ROBACH:   Opposed, 

12   nay.  

13                (No response.)

14                ACTING PRESIDENT ROBACH:   The 

15   resolution is adopted.

16                Senator LaValle.

17                SENATOR LaVALLE:   Mr. President, I 

18   understand we have two privileged resolutions by 

19   Senator Young.  Would you read the titles, 

20   please.

21                ACTING PRESIDENT ROBACH:   The 

22   Secretary will read.

23                THE SECRETARY:   Legislative 

24   resolution by Senator Young, honoring Jackson 

25   Watson upon the occasion of competing in the 

                                                               3196

 1   8-to-9-year-old boys division of the 39th Annual 

 2   National Elks Hoop Shoot Finals.  

 3                And legislative resolution by 

 4   Senator Young, commemorating the 50th Anniversary 

 5   of Olean Business Institute.

 6                ACTING PRESIDENT ROBACH:   The 

 7   question is on the resolution.  All in favor 

 8   signify by saying aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT ROBACH:   Opposed, 

11   nay.

12                (No response.)

13                ACTING PRESIDENT ROBACH:   The 

14   resolutions are adopted.

15                Senator LaValle.

16                SENATOR LaVALLE:   Can we return to 

17   motions, Mr. President.

18                ACTING PRESIDENT ROBACH:   Motions 

19   and resolutions.

20                SENATOR LaVALLE:   On page 28, I 

21   offer the following amendments to Calendar Number 

22   405, Senate Print Number 3306A, and ask that said 

23   bill retain its place on Third Reading Calendar.

24                ACTING PRESIDENT ROBACH:   The 

25   amendments are received and adopted, and the bill 

                                                               3197

 1   will retain its place on the Third Reading 

 2   Calendar.

 3                SENATOR LaVALLE:   Mr. President, 

 4   may we please take up the noncontroversial 

 5   reading of the calendar.

 6                ACTING PRESIDENT ROBACH:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   264, by Senator Alesi, Senate Print 3736A, an act 

10   to amend the Economic Development Law.

11                ACTING PRESIDENT ROBACH:   Read the 

12   last section.

13                THE SECRETARY:   Section 5.  This 

14   act shall take effect on the 180th day.

15                ACTING PRESIDENT ROBACH:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 61.

19                ACTING PRESIDENT ROBACH:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   344, by Senator Bonacic, Senate Print 3764A, an 

23   act to amend the Environmental Conservation Law.

24                ACTING PRESIDENT ROBACH:   Read the 

25   last section.

                                                               3198

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT ROBACH:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 61.

 7                ACTING PRESIDENT ROBACH:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   393, by Senator Young, Senate Print 3499, an act 

11   to amend the Town Law.

12                ACTING PRESIDENT ROBACH:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT ROBACH:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 61.

20                ACTING PRESIDENT ROBACH:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   395, by Senator Maziarz, Senate Print 510, an act 

24   to amend the Labor Law.

25                SENATOR LaVALLE:   Will you lay that 

                                                               3199

 1   aside for the day, please.

 2                ACTING PRESIDENT ROBACH:   The bill 

 3   is laid aside for the day.

 4                THE SECRETARY:   Calendar Number 

 5   403, substituted earlier today by Member of the 

 6   Assembly Aubry, Assembly Print Number 55A, an act 

 7   to amend the Legislative Law.

 8                ACTING PRESIDENT ROBACH:   Read the 

 9   last section.

10                THE SECRETARY:   Section 8.  This 

11   act shall take effect on the 30th day.

12                ACTING PRESIDENT ROBACH:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 61.

16                ACTING PRESIDENT ROBACH:   The bill 

17   is passed.  

18                THE SECRETARY:   Calendar Number 

19   421, by Senator Griffo, Senate Print 3880A, an 

20   act to amend the Education Law.

21                ACTING PRESIDENT ROBACH:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect July 1, 2013.

25                ACTING PRESIDENT ROBACH:   Call the 

                                                               3200

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 61.

 4                ACTING PRESIDENT ROBACH:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   583, by Senator Griffo, Senate Print 3645C, an 

 8   act to amend the Correction Law.

 9                ACTING PRESIDENT ROBACH:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect on the 180th day.

13                ACTING PRESIDENT ROBACH:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT ROBACH:   Senator 

17   Griffo to explain your vote.

18                SENATOR GRIFFO:   Thank you, 

19   Mr. President.

20                This is an important piece of 

21   legislation.  It's another step in trying to 

22   protect our people that we all serve.

23                We heard today -- we had a family up 

24   here from Senator Nozzolio's district, because a 

25   lot of times we look at statistics but today we 

                                                               3201

 1   had a story behind the statistics.  And it's so 

 2   important that we understand what can happen when 

 3   violent crime is perpetrated upon the communities 

 4   that we serve.  

 5                So today this is another effort to 

 6   keep our communities and families safe.  It's 

 7   another opportunity and tool that will become 

 8   invaluable to law enforcement.  So I appreciate 

 9   the support we've received in the chamber today.  

10   I appreciate Senator Nozzolio's cosponsorship and 

11   for bringing forward a story that is so poignant 

12   and so important and what we all try to do in 

13   making a difference in trying to protect people.

14                So I vote aye.

15                ACTING PRESIDENT ROBACH:   Thank 

16   you, Senator Griffo.

17                Senator Nozzolio to explain his 

18   vote.

19                SENATOR NOZZOLIO:   Thank you, 

20   Mr. President.

21                Mr. President and my colleagues, can 

22   you just imagine on one afternoon the anguish of 

23   Dale Driscoll in receiving the information that 

24   she lost both her daughter and her 

25   granddaughter.  John Edward Brown, with a history 

                                                               3202

 1   of violence, convicted of very violent acts, was, 

 2   unbeknownst to Helen Buchel, brought into their 

 3   family.  And those violent tendencies were such 

 4   that he murdered Helen Buchel and Brittany 

 5   Passalacqua.

 6                This law, known as Brittany's Law in 

 7   Brittany Passalacqua's memory, is to provide 

 8   notice to those who have brought someone into 

 9   their home -- a new employee into their business, 

10   a blind date for their daughter -- a type of 

11   information, and allowing the information age to 

12   help prevent crime.

13                That's why this measure is 

14   important.  I want to thank Senator Griffo for 

15   his leadership in pushing this legislation and 

16   seeing it through to this point.  With bipartisan 

17   support in the Assembly, we're very hopeful that 

18   it will be passed so that Brittany's life will 

19   not be in vain and her death will have 

20   protections for others so that the Brittany 

21   Passalacquas of the future will not have to 

22   happen.

23                I support this measure, 

24   Mr. President, and I urge my colleagues to do 

25   likewise.  Thank you very much.

                                                               3203

 1                ACTING PRESIDENT ROBACH:   Thank 

 2   you, Senator Nozzolio.

 3                Senator Kennedy to explain his vote.

 4                SENATOR KENNEDY:   Thank you very 

 5   much, Mr. President.

 6                First of all, I want to commend 

 7   Senator Griffo for bringing this important piece 

 8   of legislation to the floor today.

 9                Brittany's Law is important to be 

10   passed in a bipartisan fashion, and I think we're 

11   seeing that today.

12                Government and law enforcement must 

13   remain vigilant in our efforts to keep 

14   New Yorkers safe.  And as such, we rely on state 

15   and local police agencies to protect our 

16   neighborhoods and maintain the safety of our 

17   roads.  But those police agencies also rely on us 

18   here in the State Legislature to empower them 

19   with the tools that they need to defend our 

20   families and crack down on violence and illegal 

21   behavior.

22                By creating this registry of violent 

23   felony offenders, this legislation will provide 

24   law enforcement with an important tool in the 

25   fight against violent crime.  It will help 

                                                               3204

 1   prevent innocent New Yorkers from becoming the 

 2   victims of repeat offenders, and it will 

 3   absolutely improve public safety.  

 4                New Yorkers want to live, work, and 

 5   raise their families in safe neighborhoods.  By 

 6   passing this legislation today, we are taking 

 7   another step toward making New York State safer.  

 8   We are helping prevent tragedies caused by 

 9   violent crime.  Thank you.

10                ACTING PRESIDENT ROBACH:   Thank 

11   you, Senator Kennedy.

12                Announce the results.

13                THE SECRETARY:   In relation to 

14   Calendar Number 583, those recorded in the 

15   negative are Senators Duane, Parker, Perkins and 

16   Serrano.

17                Ayes, 57.  Nays, 4.

18                ACTING PRESIDENT ROBACH:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   584, by Senator Maziarz, Senate Print 3915, an 

22   act to amend Chapter 410 of the Laws of 2009.

23                ACTING PRESIDENT ROBACH:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 

                                                               3205

 1   act shall take effect immediately.

 2                ACTING PRESIDENT ROBACH:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 59.  Nays, 

 6   2.  Senators Hassell-Thompson and Parker recorded 

 7   in the negative.

 8                ACTING PRESIDENT ROBACH:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   587, substituted earlier today by Member of the 

12   Assembly Spano, Assembly Print Number 3798, an 

13   act to amend the General Business Law.

14                ACTING PRESIDENT ROBACH:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT ROBACH:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 61.

22                ACTING PRESIDENT ROBACH:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   590, by Senator Ranzenhofer, Senate Print 3188, 

                                                               3206

 1   an act to amend the Alcoholic Beverage Control 

 2   Law.

 3                ACTING PRESIDENT ROBACH:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 5.  This 

 6   act shall take effect on the first of January.

 7                ACTING PRESIDENT ROBACH:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 61.

11                ACTING PRESIDENT ROBACH:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   605, by Senator Zeldin, Senate Print 4385A, an 

15   act to amend the Highway Law.

16                ACTING PRESIDENT ROBACH:   Read the 

17   last section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT ROBACH:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT ROBACH:   Senator 

24   Zeldin to explain his vote.

25                SENATOR ZELDIN:   Thank you, 

                                                               3207

 1   Mr. President.  And I want to thank all my 

 2   colleagues for supporting this piece of 

 3   legislation today.  

 4                I'm joined in the chamber by 

 5   Assemblyman Dean Murray, who is carrying this 

 6   legislation over in the State Assembly with 

 7   Assemblyman Al Graf.  And it was Assemblyman 

 8   Murray that came to me and told me about Grace's 

 9   story.  

10                Two years ago today, on May 17, 

11   2009, 7-year-old Grace Catherine Peshkur passed 

12   away from an illness called epidermolysis 

13   bullosa, or EB for short.  

14                EB is sometimes known as the 

15   butterfly disease, due to the fragility of the 

16   skin.  Any abrasion or friction causes the skin 

17   to blister and slough off.  Sufferers resemble 

18   burn victims with bodies wrapped in bandages.  

19   The disease also affects internal organs and 

20   makes sufferers more liable to sepsis and other 

21   infections. 

22                EB is one of the so-called orphan 

23   diseases.  When Grace was born, there were no 

24   standards of care for newborns with this 

25   illness.  Now, due to the awareness that she 

                                                               3208

 1   helped create, there are now protocols in place 

 2   for how to care for these children immediately 

 3   after birth.  

 4                The whole community came together in 

 5   a wonderful effort to give Grace the love and 

 6   quality of life all children should enjoy.  A 

 7   first-grader at Chippewa School in Holtsville, 

 8   the fellow children in the class treated her just 

 9   like every other student.  Her perseverance and 

10   fortitude during her short life are an 

11   inspiration to many.  

12                On the second anniversary of her 

13   death, our thoughts and prayers go out to Grace's 

14   parents, Michael and Karen Peshkur, and her 

15   little sister Emma Gray, who was born two days 

16   after Grace passed away.  

17                Naming this bridge is a small 

18   gesture that will ensure that Grace's memory is a 

19   permanent part of the fabric of our community.  

20   Thank you, everyone, for your support.

21                ACTING PRESIDENT ROBACH:   Thank 

22   you, Senator Zeldin.

23                Announce the results.

24                THE SECRETARY:   Ayes, 61.

25                ACTING PRESIDENT ROBACH:   The bill 

                                                               3209

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   614, by Senator Golden, Senate Print 4778, an act 

 4   to amend Chapter 890 of the Laws of 1982.

 5                ACTING PRESIDENT ROBACH:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT ROBACH:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 61.

13                ACTING PRESIDENT ROBACH:   The bill 

14   is passed.

15                Senator LaValle.

16                SENATOR LaVALLE:   Mr. President, is 

17   there any other business at the desk?  

18                ACTING PRESIDENT ROBACH:   There is 

19   none.

20                SENATOR LaVALLE:   There being no 

21   further business before the Senate, 

22   Mr. President, I move we adjourn until Wednesday, 

23   May 18th, at 11:00 a.m.

24                ACTING PRESIDENT ROBACH:   On 

25   motion, the Senate stands adjourned until 

                                                               3210

 1   tomorrow, Wednesday, May 18th, at 11:00 a.m.

 2                (Whereupon, at 4:34 p.m., the Senate 

 3   adjourned.)

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