Regular Session - January 24, 2012

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 1              NEW YORK STATE SENATE

 2                        

 3                        

 4             THE STENOGRAPHIC RECORD

 5                        

 6                        

 7                        

 8                        

 9                ALBANY, NEW YORK

10                January 24, 2012

11                   11:03 a.m.

12                        

13                        

14                 REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH A. GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise 

 5   and join with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage 

 8   recited the Pledge of Allegiance to the 

 9   Flag.)

10                ACTING PRESIDENT GRIFFO:   In 

11   the absence of clergy, I ask all to bow our 

12   heads in a moment of silent reflection.

13                (Whereupon, the assemblage 

14   respected a moment of silence.)

15                ACTING PRESIDENT GRIFFO:   The 

16   reading of the Journal.

17                THE SECRETARY:   In Senate, 

18   Monday, January 23rd, the Senate met pursuant 

19   to adjournment.  The Journal of Sunday, 

20   January 22nd, was read and approved.  On 

21   motion, Senate adjourned.

22                ACTING PRESIDENT GRIFFO:    

23   Without objection, the Journal stands 

24   approved as read.

25                Presentation of petitions.

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 1                Messages from the Assembly.

 2                Messages from the Governor.

 3                Reports of standing committees.

 4                Reports of select committees.

 5                Communications and reports from 

 6   state officers.

 7                Motions and resolutions.

 8                Senator LaValle.

 9                SENATOR LaVALLE:   Mr. President, 

10   at this time may we please adopt the Resolution 

11   Calendar in its entirety, with the exception of 

12   Resolution 3055.

13                ACTING PRESIDENT GRIFFO:   All in 

14   favor of adopting the Resolution Calendar, with 

15   the exception of Resolution 3055, signify by 

16   saying aye.

17                (Response of "Aye.")

18                ACTING PRESIDENT GRIFFO:    

19   Opposed?  

20                (No response.)

21                ACTING PRESIDENT GRIFFO:   The 

22   Resolution Calendar is adopted.

23                Senator LaValle.

24                SENATOR LaVALLE:   Mr. President, 

25   there is a resolution at the desk, 3055, by 

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 1   Senator Gallivan.  May we have the title read 

 2   and move for its immediate adoption.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Legislative 

 6   Resolution Number 3055, by Senator Gallivan, 

 7   honoring Jeremy M. Jacobs for his 

 8   accomplishments as the owner of the National 

 9   Hockey League's Boston Bruins, and as a 

10   business owner and philanthropist.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Gallivan.

13                SENATOR GALLIVAN:   Thank you, 

14   Mr. President.

15                Joining all of us today in the 

16   Capitol is a good friend of mine, a great 

17   friend of western New York.  And it's not the 

18   Stanley Cup --

19                (Laughter.)

20                SENATOR GALLIVAN:   -- but he owns 

21   the team that won the Stanley Cup.  

22                Jeremy Jacobs is a resident of the 

23   59th Senate District, lives in East Aurora, 

24   New York -- which is in my district, of 

25   course -- and is the chairman and CEO of the 

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 1   Delaware North Companies and the owner of the 

 2   2011 Stanley Cup champion Boston Bruins.

 3                Mr. Jacobs and the Bruins were 

 4   received at the White House yesterday and 

 5   formally congratulated by President Obama.  

 6                Delaware North and the Jacobs 

 7   family have been staples of the Western 

 8   New York business, civic, and philanthropic 

 9   communities since Jeremy's father and uncles 

10   began selling peanuts and popcorn at Buffalo's 

11   old Offermann Stadium in 1915.  

12                From those humble beginnings on 

13   the City of Buffalo's old East Side in Senator 

14   Grisanti's district, Delaware North has emerged 

15   as a global leader in food service and 

16   hospitality, expanding to become one of the 

17   largest privately held companies in the world, 

18   with 200 locations operating across three 

19   continents, employing 50,000 people who have 

20   served nearly half a billion customers.  

21                While Delaware North continues to 

22   be a leader and innovator on a global scale, 

23   at home Jeremy Jacobs is known for his personal 

24   generosity and unwavering commitment to the 

25   residents, institutions and fabric of Western 

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 1   New York.  His charitable gifts to Roswell Park 

 2   Cancer Institute and the University of 

 3   Buffalo's Jacobs Institute have enabled both 

 4   institutions to become nationally recognized 

 5   leaders in both cancer research and the 

 6   treatment of heart and vascular disease.  

 7                Jeremy Jacobs and his philanthropy 

 8   have also been specifically recognized by the 

 9   United Way and the Jeremiah Milbank Society.  

10   He has served as chairman of the UB Foundation, 

11   is the current chairman of the National Hockey 

12   League Board of Governors, and in 2006 was 

13   inducted into the Western New York Sports Hall 

14   of Fame.  

15                On behalf of my colleagues, I 

16   welcome and thank Mr. Jeremy Jacobs for joining 

17   us today, for bringing his Stanley Cup, and for 

18   all he does for Western New York and our 

19   community.  

20                Thank you, Mr. President.  

21                ACTING PRESIDENT GRIFFO:   Thank 

22   you, Senator Gallivan.

23                Is there any other member wishing 

24   to be heard?

25                (No response.)

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 1                ACTING PRESIDENT GRIFFO:   The 

 2   question is on the resolution.  All in favor 

 3   signify by saying aye.

 4                (Response of "Aye.")

 5                ACTING PRESIDENT GRIFFO:    

 6   Opposed?  

 7                (No response.)

 8                ACTING PRESIDENT GRIFFO:   The 

 9   resolution is adopted.  

10                We want to welcome and extend 

11   our congratulations to Jeremy Jacobs.

12                (Applause.)

13                ACTING PRESIDENT GRIFFO:   Senator 

14   LaValle.

15                SENATOR LaVALLE:   Mr. President, 

16   may we please have the noncontroversial reading 

17   of the calendar.

18                ACTING PRESIDENT GRIFFO:   The 

19   Secretary will read.

20                THE SECRETARY:   Calendar Number 

21   31, by Senator Fuschillo, Senate Print 5318, an 

22   act to amend Chapter 203 of the Laws of 1999.

23                ACTING PRESIDENT GRIFFO:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 

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 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 50.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   45, by Senator Klein, Senate Print 1523, an act 

10   to amend the Vehicle and Traffic Law.

11                ACTING PRESIDENT GRIFFO:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the 90th day.

15                ACTING PRESIDENT GRIFFO:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 50.

19                ACTING PRESIDENT GRIFFO:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   50, by Senator Fuschillo, Senate Print 3768B, 

23   an act to amend the Vehicle and Traffic Law.

24                ACTING PRESIDENT GRIFFO:   Read 

25   the last section.

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 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 50.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   52, by Senator Fuschillo, Senate Print 4177, an 

11   act to amend the Vehicle and Traffic Law.

12                ACTING PRESIDENT GRIFFO:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 50.

20                ACTING PRESIDENT GRIFFO:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   57, by Senator Saland, Senate Print 1417B, an 

24   act to amend the Penal Law.

25                ACTING PRESIDENT GRIFFO:   Read 

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 1   the last section.

 2                THE SECRETARY:   Section 12.  This 

 3   act shall take effect on the first of November.

 4                ACTING PRESIDENT GRIFFO:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 50.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   bill is passed.

10                The Secretary will continue to 

11   read.

12                THE SECRETARY:   Calendar Number 

13   68, by Senator Flanagan, Senate Print 1833A, an 

14   act to amend the General Business Law.

15                ACTING PRESIDENT GRIFFO:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the 60th day.

19                ACTING PRESIDENT GRIFFO:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Hassell-Thompson to explain her vote.

24                SENATOR HASSELL-THOMPSON:   Thank 

25   you, Mr. President.

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 1                In the past I have voted in the 

 2   affirmative on this particular issue, but today 

 3   I will be voting no.  

 4                And just very briefly, banning the 

 5   sale of salvia will create a whole underground 

 6   black market that will undermine the state's 

 7   ability to prevent minors from obtaining this 

 8   substance.  

 9                And also, I'm suggesting that more 

10   effective regulation and control by prohibiting 

11   sales to minors and taxing the adult sales will 

12   make a greater impact.  

13                Also, there is ongoing medical 

14   research into the potential therapeutic 

15   benefits of salvia, and banning it would hinder 

16   this research.  If you look at the laws that 

17   have been in place in both California and 

18   Maine, you will see that they have employed 

19   very effective regulations and controls that 

20   would keep this drug from being the kind of 

21   problem that the media has created a sensation 

22   about and not because of any true results.  

23                Thank you, Mr. President.  I will 

24   be voting no.

25                ACTING PRESIDENT GRIFFO:   Senator 

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 1   Hassell-Thompson to be recorded in the 

 2   negative.

 3                Senator Perkins to explain his 

 4   vote.

 5                SENATOR PERKINS:   Thank you very 

 6   much.  

 7                I want to associate myself with 

 8   the comments of my colleague Senator 

 9   Hassell-Thompson, and also respect Senator 

10   Flanagan's intention in terms of what I believe 

11   he rightfully is trying to do in protecting the 

12   public from what might be a very dangerous 

13   drug.

14                However, my experience, as was to 

15   some extent articulated by Senator 

16   Hassell-Thompson, is that this will increase 

17   the sale of the drug, it will bring it 

18   underground, it will make it even more 

19   dangerous for us to actually accomplish that 

20   which I believe this bill is well intended on 

21   accomplishing.

22                So recognizing that we've seen 

23   this criminalization approach backfire on us in 

24   the past, I just want to make sure that we give 

25   more thought to it before we begin to perhaps 

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 1   open a door that will be very, very difficult 

 2   to close.  

 3                So in that regard, I vote in the 

 4   negative.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Perkins to be recorded in the negative.  

 7                Is there any other Senator wishing 

 8   to explain their vote?

 9                (No response.)

10                ACTING PRESIDENT GRIFFO:   

11   Announce the results.

12                THE SECRETARY:   Ayes, 50.  Nays, 

13   2.  Senators Hassell-Thompson and Perkins 

14   recorded in the negative.

15                ACTING PRESIDENT GRIFFO:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   71, by Senator LaValle, Senate Print 4925, an 

19   act to amend the General Business Law.

20                ACTING PRESIDENT GRIFFO:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call 

25   the roll.

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 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 52.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   74, by Senator Grisanti, Senate Print 5594, an 

 7   act to amend the New York State Urban 

 8   Development Corporation Act.

 9                ACTING PRESIDENT GRIFFO:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the 120th day.

13                ACTING PRESIDENT GRIFFO:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 52.

17                ACTING PRESIDENT GRIFFO:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   77, by Senator Young, Senate Print 4358, an act 

21   to amend the General City Law.

22                ACTING PRESIDENT GRIFFO:   Read 

23   the last section.

24                THE SECRETARY:   Section 10.  This 

25   act shall take effect on the first of July.

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 1                ACTING PRESIDENT GRIFFO:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 52.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   bill is passed.

 7                Senator LaValle, that completes 

 8   the noncontroversial reading of the calendar.

 9                SENATOR LaVALLE:   Is there any 

10   other business at the desk, Mr. President?  

11                ACTING PRESIDENT GRIFFO:   There 

12   is no further business before the desk.

13                SENATOR LaVALLE:   Mr. President, 

14   I'd like to recognize Senator O'Mara for a 

15   brief announcement.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   O'Mara.

18                SENATOR O'MARA:   Thank you, 

19   Mr. President.  

20                There will be a meeting of the 

21   Senate Government Efficiency Task Force at  

22   noon in Room 813 of the LOB, at noon in 

23   Room 813.  Thank you.

24                ACTING PRESIDENT GRIFFO:   Room 

25   813 in the LOB at noon, a meeting of the Senate 

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 1   Government Efficiency Task Force.

 2                Any other announcements?  

 3                Senator LaValle.

 4                SENATOR LaVALLE:   Mr. President, 

 5   there being no further business, I move we 

 6   adjourn until Monday, January 30th, at 

 7   3:00 p.m., intervening days to be legislative 

 8   days.

 9                ACTING PRESIDENT GRIFFO:   On 

10   motion, the Senate stands adjourned until 

11   Monday, January 30th, at 3:00 p.m., intervening 

12   days being legislative days.  

13                Senate adjourned.

14                (Whereupon, at 11:14 a.m., the 

15   Senate adjourned.)

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