Regular Session - March 13, 2013

                                                                   1021

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 13, 2013

11                     3:06 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR ELIZABETH O'C. LITTLE, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25


                                                               1022

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

 2                ACTING PRESIDENT LITTLE:   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 LITTLE:   In the 

10   absence of clergy, may please we bow our heads 

11   in a moment of silence.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                ACTING PRESIDENT LITTLE:   Reading 

15   of the Journal.  

16                THE SECRETARY:   In Senate, 

17   Tuesday, March 12th, the Senate met pursuant to 

18   adjournment.  The Journal of Monday, March 11th, 

19   was read and approved.  On motion, Senate 

20   adjourned.

21                ACTING PRESIDENT LITTLE:   Without 

22   objection, the Journal stands approved as read.

23                Presentation of petitions.

24                Messages from the Assembly.

25                The Secretary will read.


                                                               1023

 1                THE SECRETARY:   On page 16, 

 2   Senator LaValle moves to discharge, from the 

 3   Committee on Higher Education, Assembly Bill 

 4   Number 1049 and substitute it for the identical 

 5   Senate Bill Number 2897, Third Reading Calendar 

 6   171.

 7                On page 16, Senator LaValle moves 

 8   to discharge, from the Committee on Higher 

 9   Education, Assembly Bill Number 1050 and 

10   substitute it for the identical Senate Bill 

11   Number 2899, Third Reading Calendar 172.

12                ACTING PRESIDENT LITTLE:    

13   Substitutions ordered.

14                Messages from the Governor.

15                Reports of standing committees.

16                Reports of select committees.

17                Communications and reports from 

18   state officers.

19                Motions and resolutions.

20                Senator Libous.

21                SENATOR LIBOUS:   Thank you, 

22   Madam President.  

23                At this time I believe that you 

24   could recognize Senator Klein, and he would like 

25   to address the body.


                                                               1024

 1                ACTING PRESIDENT LITTLE:   Thank 

 2   you.

 3                Senator Klein.

 4                SENATOR KLEIN:   Thank you, 

 5   Madam President.  Thank you, Senator Libous.  

 6                I want to take a moment to 

 7   recognize a very special guest we have with us 

 8   visiting us here in Albany and in our Senate 

 9   chamber.  I'm honored to have visiting Ms. Padma 

10   Lakshmi, who's someone who I think everyone 

11   knows her many accomplishments.  Host of the 

12   Emmy Award-winning show "Top Chef" on the Bravo 

13   TV Network, she's an accomplished actress, 

14   model, food expert.  

15                And she's here today for a very 

16   special reason, to help us move forward with our 

17   teen health education initiative.  And she's 

18   someone who has done so much work on behalf of 

19   young people throughout our state, throughout 

20   our country.  

21                And she's also the cofounder of the 

22   Endometriosis Foundation of America.  And she's 

23   really putting her heart and soul in this 

24   organization, doing so much great work.  

25                And I hope you will join me, 


                                                               1025

 1   Madam President, in welcoming Padma today to the 

 2   Senate chamber.

 3                ACTING PRESIDENT LITTLE:   Thank 

 4   you, Senator Klein.

 5                And welcome.  It's really a pleasure 

 6   and an honor to have you in our midst today.  

 7   Everyone has enjoyed knowing of you and what you 

 8   have done, and we appreciate it.  So thank you 

 9   very much for joining us.

10                (Applause.)

11                ACTING PRESIDENT LITTLE:   Senator 

12   Libous.

13                SENATOR LIBOUS:   Thank you, 

14   Madam President.  I believe there's a previously 

15   adopted resolution by Senator Carlucci, 

16   Number 582, at the desk.  Could we please have 

17   the title read at this time.

18                ACTING PRESIDENT LITTLE:   Thank 

19   you.

20                The Secretary will read.

21                THE SECRETARY:   Legislative 

22   Resolution Number 582, by Senator Carlucci, 

23   memorializing Governor Andrew M. Cuomo to 

24   proclaim September 2013 as Suicide Prevention 

25   Month in New York State.


                                                               1026

 1                ACTING PRESIDENT LITTLE:   Senator 

 2   Carlucci.

 3                SENATOR CARLUCCI:   Thank you, 

 4   Madam President.

 5                Today I rise to get a head start and 

 6   proclaim September as Suicide Prevention Month in 

 7   the State of New York.  

 8                And today we've probably all been 

 9   visited by mental health advocates from across 

10   the state that have really talked to us about the 

11   importance of making sure that we don't run away 

12   from the stigma, that we talk about this very 

13   important issue.  

14                And in fact, it's troubling, the 

15   statistics.  Believe it or not, right now about 

16   20 percent of our military personnel succumb to 

17   suicide -- 20 percent.  Startlingly, the tenth 

18   highest cause of death in the United States is 

19   currently suicide.  

20                The statistics are startling, and 

21   there's something that we can do about it.  And 

22   we have to start by making sure that we don't 

23   hide away from this stigma, that we don't hide 

24   away this emotion, this issue.  And we make sure 

25   that people that need help and want to talk about 


                                                               1027

 1   it can.  

 2                And we are setting that example by 

 3   proclaiming September a month where we're going 

 4   to recognize the importance of what we can do to 

 5   prevent suicide in the State of New York.

 6                Thank you, Madam President.

 7                ACTING PRESIDENT LITTLE:   Thank 

 8   you, Senator Carlucci.  

 9                Senator LaValle.

10                SENATOR LaVALLE:   Madam President, 

11   may we please have the noncontroversial reading 

12   of the calendar.

13                ACTING PRESIDENT LITTLE:   The 

14   Secretary will read.

15                THE SECRETARY:   Calendar Number 

16   157, by Senator Marcellino, Senate Print 3047, an 

17   act to amend the Tax Law.

18                ACTING PRESIDENT LITTLE:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT LITTLE:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 55.


                                                               1028

 1                ACTING PRESIDENT LITTLE:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   158, by Senator Fuschillo, Senate Print 752, an 

 5   act to amend the Vehicle and Traffic Law.

 6                ACTING PRESIDENT LITTLE:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect on the first of November.

10                ACTING PRESIDENT LITTLE:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT LITTLE:   Announce 

14   the results.

15                THE SECRETARY:   Ayes, 55.

16                ACTING PRESIDENT LITTLE:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   160, by Senator Little, Senate Print 1356, an act 

20   to amend the Vehicle and Traffic Law.

21                ACTING PRESIDENT LITTLE:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the 180th day.

25                ACTING PRESIDENT LITTLE:   Call the 


                                                               1029

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT LITTLE:   Announce 

 4   the results.

 5                THE SECRETARY:   Ayes, 55.

 6                ACTING PRESIDENT LITTLE:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   164, by Senator Libous, Senate Print 982, an act 

10   to amend the Real Property Tax Law.

11                ACTING PRESIDENT LITTLE:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT LITTLE:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT LITTLE:   Senator 

19   Espaillat to explain his vote.

20                SENATOR ESPAILLAT:   Yes, thank you, 

21   Madam President.  I would like to explain my 

22   vote.

23                Every session this chamber takes on 

24   a numerous number of legislation to assist the 

25   farm industry in our state which provides the 


                                                               1030

 1   food that we bring to our table.  In fact, many 

 2   neighborhoods in the City of New York benefit 

 3   from the green markets that receive on a regular 

 4   basis produce from these farms, from New York 

 5   State farms.  

 6                And while we do this, we neglect to 

 7   recognize that in these farms, there are many 

 8   farmworkers that continue to be exploited on a 

 9   regular basis by many of these farms.  They don't 

10   get a day's rest.  They don't get overtime.  They 

11   don't have the right to collectively bargain.  

12   They work under very adverse conditions.  And yet 

13   we haven't found it within us to address this 

14   very serious issue that I think is -- I could 

15   only characterize it as being one step away from 

16   being indentured servants.  

17                So I will be casting my vote in the 

18   negative for this and other future bills that 

19   will bring assistance to the farms until this 

20   very serious travesty of justice is resolved.

21                Thank you, Madam President.  I will 

22   be voting in the negative.

23                ACTING PRESIDENT LITTLE:   Thank 

24   you.

25                Senator Espaillat will be recorded 


                                                               1031

 1   in the negative.

 2                Announce the results.

 3                THE SECRETARY:   Ayes, 54.  Nays, 

 4   1.  Senator Espaillat recorded in the negative.

 5                ACTING PRESIDENT LITTLE:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   171, substituted earlier by Member of the 

 9   Assembly Glick, Assembly Print Number 1049, an 

10   act to repeal subdivision 7 of Section 7908 of 

11   the Education Law.

12                ACTING PRESIDENT LITTLE:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the same date and in the 

16   same manner as Chapter 444 of the Laws of 2012.

17                ACTING PRESIDENT LITTLE:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT LITTLE:   Senator 

21   Kennedy to explain his vote.

22                SENATOR KENNEDY:   Thank you, 

23   Madam President.  

24                First of all, I want to thank my 

25   colleague Senator LaValle for carrying this 


                                                               1032

 1   important bill regarding the profession of 

 2   occupational therapy in this house today.  I'm 

 3   proud to support it.  

 4                As an occupational therapist, I'd 

 5   like to introduce a group of young occupational 

 6   therapy students, some of them from my alma 

 7   mater, D'Youville College, and others from all 

 8   across New York State, from Buffalo to New York 

 9   City and everywhere in between.  They're learning 

10   the process of Albany as they're studying to 

11   become occupational therapy students, and they're 

12   watching government in progress and really 

13   learning the process of that.

14                These individuals are going to go 

15   out into the world and help people.  As I make 

16   the correlation between our jobs as elected 

17   officials and what will be their jobs as 

18   healthcare professionals and occupational 

19   therapists, the common denominator is that we are 

20   out there helping people.  They're studying the 

21   skills to help people learn the job of living and 

22   to live their lives with independence and 

23   dignity.  

24                And with that said, Madam President, 

25   I would appreciate if we could extend the honor 


                                                               1033

 1   of this house to those students today.  

 2                Thank you very much.

 3                ACTING PRESIDENT LITTLE:   Thank 

 4   you, Senator Kennedy.

 5                And welcome to all of the 

 6   occupational therapy students and therapists who 

 7   are here, and assistant therapists.  We 

 8   appreciate your presence today, and continue your 

 9   good work.  Thank you.  

10                And Senator Kennedy will be recorded 

11   in the affirmative.

12                (Applause.)

13                ACTING PRESIDENT LITTLE:   Announce 

14   the results.

15                THE SECRETARY:   Ayes, 55.

16                ACTING PRESIDENT LITTLE:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   172, substituted earlier by Member of the 

20   Assembly Glick, Assembly Print Number 1050, an 

21   act to amend the Education Law.

22                ACTING PRESIDENT LITTLE:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               1034

 1                ACTING PRESIDENT LITTLE:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT LITTLE:   Announce 

 5   the results.

 6                THE SECRETARY:   Ayes, 55.

 7                ACTING PRESIDENT LITTLE:   The bill 

 8   is passed.

 9                Senator Libous, that completes the 

10   noncontroversial reading of the calendar.

11                SENATOR LIBOUS:   Madam President, 

12   is there any further business at the desk?  

13                ACTING PRESIDENT LITTLE:   No, 

14   Senator Little -- Senator Libous.

15                SENATOR LIBOUS:   I'm sorry?  I'm 

16   having a difficult time hearing today.

17                ACTING PRESIDENT LITTLE:   I'm just 

18   as glad you didn't hear it.

19                (Laughter.)

20                ACTING PRESIDENT LITTLE:   Senator 

21   Libous, no, there is no further business at the 

22   desk.

23                SENATOR LIBOUS:   Okay.  Before I 

24   adjourn, I did want to announce and remind the 

25   Republican Conference that they will have 


                                                               1035

 1   conference immediately following session.  

 2                And there being no further business 

 3   before the house, I move that we adjourn until 

 4   Thursday, March 14th, at 11:00 a.m.

 5                ACTING PRESIDENT LITTLE:   On 

 6   motion, the Senate stands adjourned until 

 7   Thursday, March 14th, at 11:00 a.m.

 8                (Whereupon, at 3:19 p.m., the Senate 

 9   adjourned.)

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25