Regular Session - May 7, 2013

                                                                   2193

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 7, 2013

11                     3:36 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR CATHARINE M. YOUNG, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               2194

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

 2                ACTING PRESIDENT YOUNG:   The 

 3   Senate will come to order.  

 4                I ask that everyone present rise 

 5   and join with me in reciting the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT YOUNG:   We're 

10   very pleased that we are joined today by Dr. Tim 

11   Young, who has served with distinction as pastor 

12   of the Heritage Baptist Church in Palmyra, 

13   New York, for 30 years.  

14                Pastor Young.

15                PASTOR YOUNG:   Thank you.  

16                I'd ask that you bow your heads 

17   with me for a word of prayer.

18                Our Gracious Heavenly Father, it is 

19   certainly an honor for this man to be in the 

20   presence of these people that serve this state.  

21   Lord, it's even greater to realize that we can 

22   come into Your presence so easily.  

23                Lord, we ask that this day be a 

24   special day, not only because of the activities 

25   of the day, but you've given us life in 


                                                               2195

 1   increments, a day at a time.  Lord, help us 

 2   never to forget that.  

 3                The Children of Israel received 

 4   their manna one day at a time.  If they 

 5   accumulated more of it, it became rotten.  

 6                So, Lord, help us to number our 

 7   days.  Help us to recognize the days that You 

 8   have in our lives.  

 9                And, Lord, I pray for this day and 

10   each one in this room.  They did not leave their 

11   respective districts and leave behind them the 

12   heartaches, the difficulties, the wayward 

13   children, perhaps a strained marriage, perhaps 

14   an ill loved one, without bringing it to 

15   Albany.  And so we pray for those that have 

16   special needs in this room as well today, as 

17   they do the business of those they serve.  

18                Lord Jesus, You said that the 

19   greatest among you shall be your servant.  And 

20   maybe today it's a matter of laying aside the 

21   kingly and queenly garments and putting on the 

22   vestures of a servant.  

23                And so I pray that You'd bless the 

24   business of the day.  I pray that You'd meet the 

25   needs of each and every one under the sound of 


                                                               2196

 1   my voice.  And I pray that the people of this 

 2   great state might know that those they've sent 

 3   here have done their business and their 

 4   bidding.  

 5                Thank You for the privilege of 

 6   residing in this state.  And, Lord, thank You 

 7   for the privilege we live in the United States 

 8   and have the privilege of redress.  

 9                And so I pray that You bless these 

10   people that have sacrificed their time and many 

11   times their life to serve others, for it's in 

12   the precious matchless name of the Lord Jesus 

13   Christ we pray.  

14                Amen.

15                ACTING PRESIDENT YOUNG:   Thank 

16   you, Dr. Young.

17                The reading of the Journal.

18                THE SECRETARY:   In Senate, Monday, 

19   May 6th, the Senate met pursuant to adjournment.  

20   The Journal of Friday, May 3rd, was read and 

21   approved.  On motion, Senate adjourned.

22                ACTING PRESIDENT YOUNG:   Without 

23   objection, the Journal stands approved as read.

24                SENATOR LIBOUS:   Madam President.

25                ACTING PRESIDENT YOUNG:   Yes, 


                                                               2197

 1   Senator Libous.

 2                SENATOR LIBOUS:   At this time would 

 3   you please call on Senator Nozzolio.

 4                ACTING PRESIDENT YOUNG:   Senator 

 5   Nozzolio.

 6                SENATOR NOZZOLIO:   Thank you, 

 7   Senator Libous.  

 8                Madam President, may I have some 

 9   order?  

10                ACTING PRESIDENT YOUNG:   Can we 

11   have some order in the chamber, please.

12                SENATOR NOZZOLIO:   Madam President, 

13   thank you.  

14                I rise with great honor to welcome 

15   and thank Pastor Tim Young for his beautiful 

16   blessing today.  

17                That Tim has been a longtime friend, 

18   a wonderful pastor, one who was the founding 

19   pastor of the Heritage Baptist Church in Palmyra, 

20   New York.  1980 was the year, and he started a 

21   very small, little white wood-frame building in 

22   East Palmyra that has grown into a ministry where 

23   there are a school and a church and a broad group 

24   of individuals who look to Pastor Young for their 

25   inspiration.  He has traveled around the world.  


                                                               2198

 1   He is a genuine pastor's pastor.  

 2                He is joined today by his son, 

 3   Pastor Jack Young, who pastors in Senator 

 4   Ritchie's district near Fort Drum, those soldiers 

 5   who are part of the military experience.  Pastor 

 6   Young and his son are genuine American patriots.  

 7   They're men of the Lord.  And that I'm deeply 

 8   honored that they are here today.  

 9                Thank you, Madam President.

10                ACTING PRESIDENT YOUNG:   Thank you, 

11   Senator Nozzolio.

12                Senator Libous.

13                SENATOR LIBOUS:   Thank you, 

14   Madam President.  At this time would you please 

15   recognize Senator Bonacic.

16                ACTING PRESIDENT YOUNG:   Senator 

17   Bonacic.

18                SENATOR BONACIC:   Thank you, 

19   Madam President.  

20                I stand today with mixed emotions.  

21   Today we've celebrated the wonderful activities 

22   of our seniors throughout the State of New York, 

23   we're celebrating our Women of Distinction 

24   throughout the State of New York.  

25                But I want to tell you, on May 4th, 


                                                               2199

 1   three days ago, an American hero died.  Staff 

 2   Sergeant Eric Christian, from Warwick, 

 3   Orange County, died in Afghanistan while 

 4   conducting combat operations.  He was assigned to 

 5   the Second Marine Special Operations Battalion 

 6   based at Camp Lejeune, North Carolina.  He was 

 7   39 years old.

 8                Men and women like Sergeant 

 9   Christian, who reenlisted several times because 

10   he felt his unit needed him, are amazing people.  

11   I am humbled to represent him, and I know there 

12   are others like him in each of your communities 

13   who have given, enlisted, reenlisted, and 

14   unfortunately made the ultimate sacrifice.

15                I extend my deepest sympathies to 

16   Sergeant Christian's family, his friends, and to 

17   his fellow Marines, who lost a brother.  

18                I ask that we honor his service, his 

19   sacrifice, and his unwavering dedication to our 

20   nation.  The flags on all state buildings will 

21   fly at half-staff on Thursday, May 9th, in his 

22   honor.  And I ask that you take a moment to 

23   express your gratitude for this fallen hero, 

24   Sergeant Christian, his family, and the sacrifice 

25   he made for us all.


                                                               2200

 1                Thank you, Madam President.

 2                ACTING PRESIDENT YOUNG:   Thank you, 

 3   Senator Bonacic.

 4                SENATOR LIBOUS:   Madam President, 

 5   could we take a moment of silence for 

 6   Sergeant Christian, please.

 7                ACTING PRESIDENT YOUNG:   Please 

 8   rise and take a moment of silence in honor of our 

 9   fallen hero, Sergeant Christian.

10                (Whereupon, the assemblage rose and 

11   respected a moment of silence.)

12                ACTING PRESIDENT YOUNG:    

13   Presentation of petitions.

14                Messages from the Assembly.

15                The Secretary will read.

16                THE SECRETARY:   On page 27, 

17   Senator Golden moves to discharge, from the 

18   Committee on Consumer Protection, Assembly Bill 

19   Number 3601 and substitute it for the identical 

20   Senate Bill Number 4301, Third Reading Calendar 

21   449.  

22                On page 28, Senator Martins moves to 

23   discharge, from the Committee on Environmental 

24   Conservation, Assembly Bill Number 6910 and 

25   substitute it for the identical Senate Bill 


                                                               2201

 1   Number 4250, Third Reading Calendar 464.

 2                On page 28, Senator Boyle moves to 

 3   discharge, from the Committee on Environmental 

 4   Conservation, Assembly Bill Number 6907 and 

 5   substitute it for the identical Senate Bill 

 6   Number 4368, Third Reading Calendar 467.

 7                On page 28, Senator Boyle moves to 

 8   discharge, from the Committee on Environmental 

 9   Conservation, Assembly Bill Number 6909 and 

10   substitute it for the identical Senate Bill 

11   Number 4369, Third Reading Calendar 468.

12                On page 30, Senator Perkins moves to 

13   discharge, from the Committee on Health, Assembly 

14   Bill Number 6539 and substitute it for the 

15   identical Senate Bill Number 4325A, Third Reading 

16   Calendar 478.

17                On page 34, Senator Carlucci moves 

18   to discharge, from the Committee on Finance, 

19   Assembly Bill Number 1297 and substitute it for 

20   the identical Senate Bill Number 1995, Third 

21   Reading Calendar 520.

22                On page 35, Senator Hannon moves to 

23   discharge, from the Committee on Health, Assembly 

24   Bill Number 1935A and substitute it for the 

25   identical Senate Bill Number 3768, Third Reading 


                                                               2202

 1   Calendar 558.

 2                And on page 35, Senator Little moves 

 3   to discharge, from the Committee on Finance, 

 4   Assembly Bill Number 2387 and substitute it for 

 5   the identical Senate Bill Number 4825, Third 

 6   Reading Calendar 560.

 7                ACTING PRESIDENT YOUNG:    

 8   Substitutions so ordered.

 9                Messages from the Governor.

10                Reports of standing committees.

11                Reports of select committees.

12                Communications and reports from 

13   state officers.

14                Motions and resolutions.

15                Senator Libous.

16                SENATOR LIBOUS:   Thank you, 

17   Madam President.  

18                At this time would you please call 

19   on Senator Gianaris.

20                ACTING PRESIDENT YOUNG:   Thank you, 

21   Senator Libous.  

22                Senator Gianaris.

23                SENATOR GIANARIS:   Thank you, 

24   Madam President.  

25                On behalf of Senator Addabbo, on 


                                                               2203

 1   page number 13 I offer the following amendments 

 2   to Calendar Number 199, Senate Print Number 

 3   3736A, and ask that said bill retain its place on 

 4   Third Reading Calendar.

 5                ACTING PRESIDENT YOUNG:   The 

 6   amendments are received, and the bill will retain 

 7   its place on the Third Reading Calendar.

 8                Senator Libous.

 9                SENATOR LIBOUS:   Thank you, 

10   Madam President.  

11                On behalf of Senator Maziarz, I'd 

12   like to call up his bill, Senate Print 1079, 

13   recalled from the Assembly, which is now at the 

14   desk.

15                ACTING PRESIDENT YOUNG:   The 

16   Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   189, by Senator Maziarz, Senate Print 1079, an 

19   act to amend the Penal Law.

20                ACTING PRESIDENT YOUNG:   Call the 

21   roll on reconsideration.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 61.

24                ACTING PRESIDENT YOUNG:   The bill 

25   is restored to its place on the Third Reading 


                                                               2204

 1   Calendar.

 2                SENATOR LIBOUS:   I now offer up the 

 3   following amendments.

 4                ACTING PRESIDENT YOUNG:   The 

 5   amendments are accepted.  The bill will retain 

 6   its place on the Third Reading Calendar.

 7                SENATOR LIBOUS:   Thank you, 

 8   Madam President.  

 9                On behalf of Senator Ball, on 

10   page 19 I offer the following amendments to 

11   Calendar Number 350, Senate Print 2655, and ask 

12   that said bill retain its place on the 

13   Third Reading Calendar.

14                ACTING PRESIDENT YOUNG:   The 

15   amendments are received, and the bill will retain 

16   its place on the Third Reading Calendar.  

17                SENATOR LIBOUS:   Thank you, 

18   Madam President.

19                Madam President, may we now adopt 

20   the Resolution Calendar, with the exception of 

21   Resolutions 1412, 1608, 1609, 1630, 1686, 1708 

22   and 1751.

23                ACTING PRESIDENT YOUNG:   Thank you, 

24   Senator.

25                All in favor of adopting the 


                                                               2205

 1   Resolution Calendar, with the exception of 

 2   Resolutions Number 1412, 1608, 1609, 1630, 1686, 

 3   1708, and 1751, signify by saying aye.

 4                (Response of "Aye.")

 5                ACTING PRESIDENT YOUNG:   Opposed, 

 6   nay.

 7                (No response.)

 8                ACTING PRESIDENT YOUNG:   The 

 9   Resolution Calendar is adopted.

10                Floor Leader?

11                SENATOR LIBOUS:   Thank you, 

12   Madam President.

13                I believe that Senator Stavisky had 

14   two resolutions that passed on the calendar that 

15   she would like to have opened up for 

16   cosponsorship, Resolutions 1610 and 1618.  

17                Could we place everyone on as a 

18   cosponsor and, as we normally do in the house, if 

19   someone chooses not to go on as a cosponsor, let 

20   the desk know and we will pleasantly remove your 

21   name as a cosponsor.

22                ACTING PRESIDENT YOUNG:   Thank you.

23                Resolutions 1610 and 1618 are open 

24   for cosponsorship.  If you do not wish to be a 

25   cosponsor, please notify the desk.


                                                               2206

 1                Senator Libous.

 2                SENATOR LIBOUS:   Thank you, 

 3   Madam President.

 4                I believe that there is a resolution 

 5   at the desk by Senators Skelos, Klein and 

 6   Stewart-Cousins, Number 1608.  I ask that it be 

 7   read in its entirety and ask for its immediate 

 8   adoption.

 9                ACTING PRESIDENT YOUNG:   The 

10   Secretary will read.

11                THE SECRETARY:   Legislative 

12   Resolution Number 1608, by Senators Klein, Skelos 

13   and Stewart-Cousins, congratulating the 2013 

14   New York State Senate Women of Distinction.  

15                "WHEREAS, It is the sense of this 

16   Legislative Body to acknowledge and celebrate 

17   Women of Distinction who significantly add 

18   inspiration and encouragement to the people of 

19   this great Empire State; and 

20                "WHEREAS, The New York State Senate 

21   Women of Distinction program was created in 1998 

22   as part of our state celebration of Women's 

23   History Month to honor exemplary women from 

24   across New York State whose singular professional 

25   or personal achievements, commitment to 


                                                               2207

 1   excellence and accomplishments merit special 

 2   recognition; honorees are selected from 

 3   nominations submitted from across the state; and 

 4                "WHEREAS, Women of every economic, 

 5   ethnic and religious background have made  

 6   significant contributions that are reflected 

 7   across all aspects of society; and 

 8                "WHEREAS, It is the custom of this 

 9   Legislative Body to pay tribute to individuals of 

10   remarkable character, who have shown initiative 

11   and commitment in constantly pursuing higher 

12   goals for themselves as well as acting as role 

13   models to all women in their community; and 

14                "WHEREAS, On behalf of the New York 

15   State Senate, we take this opportunity to 

16   congratulate Karen Acompora, Hazra Joanne Ali, 

17   Wanda Beck Antosh, Kwayera Archer-Cunningham,  

18   Judy Baron, Donna L. Benson, Kate Bialo, 

19   Lea Bishop, Sister Debbie Blow, Dr. Kari W. 

20   Bovenzi, Erica Boynton, Beth A. Broadway, 

21   Rosalie M. Burgher, Evelyn Cardona, Palmira M. 

22   Cataliotti, Mary Chisholm, Honorable Bernadette 

23   T. Clark, Josephine Collins, Mildred Collins, 

24   Renate DeAngelis, Randi Shubin Dresner, Leah 

25   Dunaief, Dr. Saadia J. Fersobe, Meredith Festa, 


                                                               2208

 1   Jacqueline Gordon, Sara Horowitz, Julissa Juarbe, 

 2   Ellie Kastel, Nancy Kronen, Ginger Lindner, 

 3   Jennifer Mackie, Shannon Mancuso-Getzel, 

 4   Karen O'Hara, Theresa Pirraglia, Francie Potter, 

 5   Mary Alice Price, Vienna Profeta, Ingrid M.  

 6   Richards, Rhonda Lyn Roethal, Taryn Sacramone, 

 7   Jackie Schmid, Mary Jane Smith, Beverly Stamp, 

 8   Susan Steinberg, Elaine E. Stillwell, Denise C.  

 9   Soares, Sofie Somoroff, Emmlynn L. Taylor, 

10   Mary Jo Thorn, Grace Tillinghast, Karen Torrone, 

11   Tiphaine Tsang, Marcia Tuohey, Marie Valachovic, 

12   Estela Vazquez, Isabel E. Villar, Elaine M. 

13   Walsh, Nozomi Hirayama Williams, and 

14   Leslie Zemsky as 2013 New York State Senate Women 

15   of Distinction, to be celebrated on Tuesday, 

16   May 7, 2013, at the Annual Women of Distinction 

17   Awards Ceremony in The Well of the Legislative 

18   Office Building; and 

19                "WHEREAS, Women have become part of 

20   New York's lasting heritage by fighting against 

21   stereotypes, prejudice, and seemingly 

22   insurmountable obstacles; and 

23                "WHEREAS, From the women's suffrage 

24   movement just over 150 years ago to the present 

25   day, women have played and continue to play a 


                                                               2209

 1   crucial role in adding strength, understanding, 

 2   and inspiration to the diversity and quality of 

 3   life of the people of the State of New York; and 

 4                "WHEREAS, New York State has been, 

 5   and continues to be, the home to many 

 6   distinguished women who have made their mark in 

 7   history as pioneers in their field, therefore 

 8   laying the foundation for women after them to 

 9   succeed; and 

10                "WHEREAS, This Legislative Body 

11   recognizes that New York State is the home to 

12   countless women who are strong and colorful 

13   threads, vital to the fabric of our rich 

14   heritage, who have contributed, and continue to 

15   add to the advancement of our culture through 

16   their traditional and non-traditional roles in 

17   society; now, therefore, be it 

18                "RESOLVED, It is the sense of this 

19   Legislative Body that those who enhance the 

20   well-being and vitality of their community and 

21   have shown a long and sustained commitment to 

22   excellence certainly have earned the recognition 

23   and applause of all the citizens of this great 

24   Empire State; and be it further 

25                "RESOLVED, That copies of this 


                                                               2210

 1   resolution, suitably engrossed, be transmitted to 

 2   the aforementioned Women of Distinction."

 3                ACTING PRESIDENT YOUNG:   Senator 

 4   Savino would like to speak.

 5                SENATOR SAVINO:   Thank you, 

 6   Madam President.

 7                In just a few short hours, all of 

 8   the members of this chamber will be gathering 

 9   across the street in the Legislative Office 

10   Building to acknowledge and celebrate some 

11   exceptional Women of Distinction from our own 

12   districts, as the Senate does every year when we 

13   pause to reflect upon the contributions of 

14   particular women from our own areas.  

15                They will be ordinary women in many 

16   ways.  They are family members, they are 

17   professionals, they're nurses, they're teachers, 

18   they're volunteers, all exceptional in many 

19   ways.  

20                But before we do this, I'd like to 

21   take a moment to reflect on this special day and 

22   pay tribute to the contributions that female 

23   leaders have given us throughout the years.

24                Historically, great achievements 

25   have been made by women from every corner of 


                                                               2211

 1   New York State.  Susan B. Anthony, who started as 

 2   a teacher in hardscrabble New York and began her 

 3   career in social activism in Rochester.  Eleanor 

 4   Roosevelt, born on West 37th Street in New York 

 5   City, fought for civil rights during her tenure 

 6   as First Lady, and continues to inspire many 

 7   young women till today.  Ella Fitzgerald, grew up 

 8   in Yonkers, became the First Lady of Jazz.  

 9   Lucille Ball, from Senator Young's district, was 

10   born and raised in Chautauqua and went on to 

11   become a screen legend and a cultural icon and 

12   one of the funniest women ever to grace the small 

13   screen or the large screen.  Harriet Tubman did 

14   the majority of her inspiring work in the women's 

15   suffrage movement from her home in Auburn.  

16                Distinguished women from the worlds 

17   of business, academics, civil life as well as 

18   those who have performed heroic or selfless acts, 

19   have made significant discoveries or persevered 

20   with excellence against difficult odds, have been 

21   honored at this annual event since 1998.

22                Tonight, when we stop and we 

23   celebrate the accomplishments of these fine 

24   women, we also pay tribute to those female 

25   leaders who came before them and look forward to 


                                                               2212

 1   the future where more women leaders will no doubt 

 2   emerge.

 3                I commend all of the women who are 

 4   here tonight for their public service as well as 

 5   their leadership and courage, and I also commend 

 6   all of my fellow female members of the New York 

 7   State Senate for being exceptional women in their 

 8   own right.

 9                Thank you, Madam President.  

10                ACTING PRESIDENT YOUNG:   Thank you, 

11   Senator Savino.

12                Next I'd like to call on 

13   Senator Little.

14                SENATOR LITTLE:   Thank you, 

15   Madam President.  It's my honor to be able to 

16   speak today in recognition of some truly 

17   remarkable women from all across New York State.  

18                I'm pleased that some of those women 

19   are joining us here today in the chamber, and 

20   many others will join us later in the Legislative 

21   Well for the ceremony and the reception to 

22   follow.

23                Each of the women that we honor 

24   today has contributed to the betterment of our 

25   society in many different ways -- as 


                                                               2213

 1   professionals, volunteers, educators, elected 

 2   officials, and in so many varied capacities.  

 3   These women are leaders making a difference in 

 4   our communities, in the lives of others, and in 

 5   what they do making better future for all of us.

 6                Since I was in about seventh or 

 7   eighth grade I found inspiration in the life of a 

 8   very remarkable woman, Amelia Earhart.  Her 

 9   actions alone were enough to inspire.  But in her 

10   relatively short life, she made some great 

11   observations on life, and part of her legacy is 

12   the many wonderful quotations that we have from 

13   her.

14                My favorite Amelia Earhart quotation 

15   is, and I quote:  "The most difficult thing is 

16   the decision to act.  The rest is mere tenacity.  

17   The fears are paper tigers.  You can do anything 

18   you decide to do.  You can act to change and 

19   control your life.  And the procedure, the 

20   process, is its own reward."

21                Being recognized as a New York State 

22   Woman of Distinction means, in my opinion, that 

23   all of you, these honored women, have these 

24   qualities in common, being decisive and being 

25   tenacious.  It wasn't by chance that you arrived 


                                                               2214

 1   here today; it was truly through many years of 

 2   hard work, having a vision, and making that 

 3   vision come true, being decisive and being 

 4   tenacious.

 5                I congratulate all of our honorees 

 6   today on receiving this wonderful Senate 

 7   recognition, and I thank you for being you and 

 8   for making a difference in our communities.

 9                Thank you.

10                ACTING PRESIDENT YOUNG:   Thank you, 

11   Senator Little.  

12                I'd like to welcome Senator 

13   Stewart-Cousins to make some remarks.

14                SENATOR STEWART-COUSINS:   Thank 

15   you, Madam President.

16                First of all, I'd like to thank my 

17   coleaders Senator Skelos and Senator Klein for 

18   putting forth this resolution recognizing these 

19   wonderful Women of Distinction and add my voice 

20   to those of my colleagues who thank you for being 

21   an inspiration, thank you for being the backbone 

22   of so much that goes on in the State of 

23   New York.  

24                There's only been 16 celebrations 

25   like this, and so we know that we've missed a lot 


                                                               2215

 1   of women along the way.  But the fact that we 

 2   pause every year to capture just a small, small 

 3   glimpse of the extraordinary things that women do 

 4   throughout the state makes us all quite pleased.  

 5                We are happy to open our hearts and 

 6   the chamber and hopefully inspire you to keep on 

 7   keeping on.  Because as you know, we still have a 

 8   long way to go, but with you at the helm, I know 

 9   that we'll get there sooner that we think.  

10                Thank you.

11                ACTING PRESIDENT YOUNG:   Thank you, 

12   Senator Stewart-Cousins.  

13                I'd like to echo the remarks of my 

14   distinguished colleagues.  We are thrilled that 

15   women from across New York State have joined us 

16   today to be honored by the New York State 

17   Senate.  This is something that we truly look 

18   forward to each and every year, because it's a 

19   celebration.  It's a celebration of our 

20   communities, but it's a celebration of you and 

21   all that you've accomplished.  And we are just so 

22   grateful for all that you've done.  

23                So welcome.  We extend to you all 

24   the courtesies of the Senate and look forward to 

25   the actual ceremony later on this afternoon.


                                                               2216

 1                The question is on the resolution. 

 2   All those in favor signify by saying aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT YOUNG:   Opposed, 

 5   nay.

 6                (No response.)

 7                ACTING PRESIDENT YOUNG:   The 

 8   resolution is adopted.

 9                Senator Libous.

10                SENATOR LIBOUS:   Madam President, 

11   on this resolution too, I would add all the 

12   members' names.  

13                And if for some crazy reason 

14   somebody chooses not to be on the resolution, 

15   they have that right, and let the desk know.  And 

16   then let me know later.  

17                (Laughter.)

18                ACTING PRESIDENT YOUNG:   Thank you, 

19   Senator.

20                The resolution is open for 

21   cosponsorship.  If you do not wish to be a 

22   cosponsor, please notify the desk.

23                Floor Leader?  

24                SENATOR LIBOUS:   Thank you, 

25   Madam President.  


                                                               2217

 1                I believe that there's a resolution 

 2   by Senator Adams, Number 1609, at the desk.  I 

 3   would ask that you read it in its entirety and 

 4   then call on Senator Adams before its adoption.

 5                ACTING PRESIDENT YOUNG:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Legislative 

 8   Resolution Number 1609, by Senator Adams, 

 9   memorializing Governor Andrew M. Cuomo to 

10   proclaim May 7, 2013, as Senior Citizens 

11   Awareness Day in the State of New York.  

12                "WHEREAS, It is the sense of this 

13   Legislative Body to memorialize Governor Andrew 

14   M. Cuomo to proclaim May 7, 2013, as Senior  

15   Citizens Awareness Day in the State of New York, 

16   in conjunction with May being declared as 

17   National Older Americans Month; and 

18                "WHEREAS, The more than 3 million 

19   residents of New York State 60 years of age and 

20   older bring a wealth of experience and knowledge 

21   to the increasingly active roles they play in 

22   today's society; their past contributions and 

23   future participation are a vital part of, and 

24   valuable asset to, the fabric of community life 

25   and activity; and 


                                                               2218

 1                "WHEREAS, These senior citizens have  

 2   contributed to the State by building and helping 

 3   preserve the customs, traditions and ideals of 

 4   the many ethnic groups that make up the mosaic of 

 5   New York State; and 

 6                "WHEREAS, The wisdom and experience 

 7   of senior citizens constantly enrich the lives of 

 8   the young people of our state through a strong 

 9   tradition of volunteerism; and 

10                "WHEREAS, Since 1962, the month of 

11   May has been declared, by presidential  

12   proclamation, Older Americans Month in order for 

13   communities around the nation to set time aside 

14   to celebrate and reflect on the unique role older 

15   Americans play in the fabric of our society; and 

16                "WHEREAS, The legislative and 

17   executive branches of New York State government 

18   have as a primary goal the improvement of the 

19   quality of life of older New Yorkers and the 

20   assurance of their continued dignity; and 

21                "WHEREAS, It is the intent of this 

22   Legislative Body to recognize and celebrate the 

23   legacy of New York's senior citizens who have 

24   experienced tumultuous changes in the 

25   20th century, including the dawn of the nuclear  


                                                               2219

 1   age, the rise of the computer, and the 

 2   proliferation of the automobile, television, 

 3   technology and so many other innovations of the 

 4   American  spirit, and who now represent a vast 

 5   and willing source of knowledge available to our 

 6   great State of New York; now, therefore, be it 

 7                "RESOLVED, That this Legislative 

 8   Body pause in its deliberations to memorialize 

 9   Governor Andrew M. Cuomo to proclaim May 7, 2013, 

10   as Senior Citizens Awareness Day in the State of 

11   New York; and be it further 

12                "RESOLVED, That this Legislative 

13   Body pause further to urge the residents of 

14   New York State to honor all our senior citizens, 

15   who are the cornerstone of the strength of our 

16   nation and to whom a debt of gratitude is owed; 

17   and be it further 

18                "RESOLVED, That a copy of this 

19   resolution, suitably engrossed, be transmitted to 

20   the Honorable Andrew M. Cuomo, Governor of the  

21   State of New York."

22                ACTING PRESIDENT YOUNG:   Senator 

23   Adams.

24                SENATOR ADAMS:   Thank you, 

25   Mrs. President.


                                                               2220

 1                First, I want to thank you for the 

 2   opportunity of recognizing our seniors who are 

 3   here.  

 4                And today we did a ceremony in 

 5   The Egg recognizing our seniors, and part of the 

 6   conversation talked about the billions of dollars 

 7   that our seniors provide in volunteer services.  

 8   We can only imagine what our budget deficit would 

 9   be if we didn't have our well-trained, 

10   well-skilled and professional seniors who have 

11   volunteered and have retired and are using their 

12   time to continue to bring services to our entire 

13   state.

14                This year marks the 50th anniversary 

15   of President Kennedy designating the month of May 

16   as Senior Citizens Month.  President Kennedy 

17   wanted us to use this month to increase community 

18   awareness of the problems faced by older men and 

19   women, strengthening services and opportunities 

20   to meet their special needs.  He also wanted us 

21   to give recognition to their past and present 

22   contributions and make this month the beginning 

23   of continuing interest in activity on their 

24   behalf.

25                This year, the national theme for 


                                                               2221

 1   the month is "Unleash the power of age."  And I 

 2   just want to modify that by saying "Unleash the 

 3   power of age with dignity."  We need to ensure 

 4   that we treat our seniors with a level of dignity 

 5   and in a dignified manner.  

 6                We all saw the awesome destructive 

 7   power of Hurricane Sandy, and we now have the 

 8   ability of our seniors, through names like Betty 

 9   and Mary and Ms. Coleman and so many others who 

10   volunteer each year, to see the beauty of nature, 

11   the human possibility of allowing our state to 

12   flourish and grow by committing ourselves to the 

13   cross-pollination of a handshake, of an embrace, 

14   a warm smile, or giving back to those who are in 

15   great need.  

16                And our seniors who are here are the 

17   top group that volunteer.  Men and women over the 

18   age of 60 volunteer more than any other group, 

19   and we need to take note of that.  They're not a 

20   burden on society, they are actually the 

21   complement to society for what they do every day.

22                When President Kennedy made the 

23   original designation, there was approximately 

24   17 million people age 65 and older in the 

25   United States.  Today there are approximately 


                                                               2222

 1   41 million people in our country age 65 or older, 

 2   and in New York State approximately 2.5 million 

 3   people are age 65 or older.

 4                Earlier this afternoon, in 

 5   conjunction with Assemblywoman Joan Millman and 

 6   the New York State Office for the Aging, I had 

 7   the pleasure of welcoming many of our older 

 8   New Yorkers to a luncheon.  The purpose of the 

 9   luncheon was to honor and celebrate seniors from 

10   around the state who volunteer their time, their 

11   energy, their skill and talents to make our 

12   communities stronger.  

13                We looked through the biographies of 

14   the nominees.  And in speaking with them 

15   personally, they all stuck out in my mind that 

16   they all have passion and commitment that's 

17   needed to continue to move this great state 

18   forward.

19                So we take a pause from our day and 

20   from our time here in the State Capitol to state 

21   that we respect you seniors, we admire you, and 

22   we will continue to ensure that government does 

23   what's necessary to make your senior years a 

24   comfortable living environment.  

25                So again, on behalf of the New York 


                                                               2223

 1   State Senate and those who are members of the 

 2   Senate, members of the Aging Committee, as well 

 3   as those who sponsor much legislation that 

 4   impacts our seniors, we say thank you, thank you, 

 5   thank you.

 6                ACTING PRESIDENT YOUNG:   Thank you, 

 7   Senator Adams.

 8                And we welcome seniors who have 

 9   traveled from near and far to be recognized for 

10   your volunteerism.  We thank you for all that you 

11   do.

12                And the question is on the 

13   resolution.  All those in favor signify by saying 

14   aye.

15                (Response of "Aye.")

16                ACTING PRESIDENT YOUNG:   Opposed, 

17   nay.

18                (No response.)

19                ACTING PRESIDENT YOUNG:   The 

20   resolution is adopted.

21                Senator DeFrancisco.

22                SENATOR DeFRANCISCO:   The sponsor 

23   would like to open up this resolution for 

24   cosponsorship.  And all those who do not want to 

25   be cosponsors, notify the desk.  Otherwise, you 


                                                               2224

 1   will be.

 2                ACTING PRESIDENT YOUNG:   Thank you, 

 3   Senator.

 4                The resolution is open for 

 5   cosponsorship.  If you do not wish to be a 

 6   cosponsor, please notify the desk.

 7                Senator DeFrancisco.

 8                SENATOR DeFRANCISCO:   There is 

 9   another resolution at the desk, Number 1708, by 

10   Senator Marchione.  I ask that it be read in its 

11   entirety and ask for its immediate adoption.

12                ACTING PRESIDENT YOUNG:   The 

13   Secretary will read.

14                THE SECRETARY:   Legislative 

15   Resolution Number 1708, by Senator Marchione, 

16   congratulating the Saratoga Rowing Association's 

17   Girls Eight upon the occasion of capturing a 

18   gold medal in the Australian World Open Rowing 

19   Championships.  

20                "WHEREAS, It is the sense of this 

21   Legislative Body to recognize and pay tribute to 

22   those young people within the State of New York 

23   who have inspired and brought pride to their 

24   school and community by achieving outstanding 

25   success in athletic competition; and 


                                                               2225

 1                "WHEREAS, Attendant to such concern,  

 2   and in full accord with its long-standing 

 3   traditions, this Legislative Body is justly proud  

 4   to congratulate the Saratoga Rowing Association's  

 5   Girls Eight upon the occasion of capturing a gold 

 6   medal in the Australian World Open Rowing 

 7   Championships; and 

 8                "WHEREAS, The Saratoga Rowing 

 9   Association's Girls Eight, comprised of Saratoga 

10   Springs High School seniors Caroline Murphy, 

11   Shannon Merboth, Alexis Georgia, Keni Wegner and 

12   Kerri Wegner, juniors Mackenzie Battle, 

13   Meghan Hampton and MacKenzie Hart, and sophomore 

14   Claire Murphy, won a gold medal at the Australian 

15   World Championships in the under-19 age division; 

16   and 

17                "WHEREAS, The Saratoga Rowing  

18   Association's Girls Eight practiced daily in 

19   near-freezing temperatures on Fish Creek; the 

20   world champions raced the 2,000-meter course in 

21   six minutes, 54.76 seconds winning over Swan 

22   River Composite by more than six seconds; and 

23                "WHEREAS, The team had previously 

24   performed admirably in major races in the 

25   United States, including a victory on the Charles 


                                                               2226

 1   River and Boston, and was subsequently invited to 

 2   the Australian World Championships; and 

 3                "WHEREAS, Loyally and 

 4   enthusiastically supported by family, fans, and 

 5   friends, the Saratoga Rowing Association's Girls 

 6   Eight have proven themselves to be an unbeatable 

 7   combination of talents, reflecting favorably on 

 8   their community; now, therefore, be it 

 9                "RESOLVED, That this Legislative 

10   Body pause in its deliberations to congratulate 

11   the Saratoga Rowing Association's Girls Eight 

12   upon the occasion of capturing a gold medal in 

13   the Australian World Open Rowing Championships; 

14   and be it further 

15                "RESOLVED, That copies of this 

16   resolution, suitably engrossed, be transmitted to 

17   members of the Saratoga Rowing Association's 

18   Girls Eight."

19                ACTING PRESIDENT YOUNG:   Senator 

20   Marchione.

21                SENATOR MARCHIONE:   Madam President 

22   and my colleagues, I rise for the purpose of 

23   honoring and congratulating the Saratoga Rowing 

24   Association's Girls Eight on winning a gold medal 

25   in the Australian World Open Rowing 


                                                               2227

 1   championship.  And I'm going to repeat that:  

 2   it's the Australian World Open Rowing 

 3   Championships.

 4                You know, today is the Women of 

 5   Distinction.  I feel so honored to not only have 

 6   my own wonderful Woman of Distinction, but I have 

 7   all of these ladies here who are definite ladies 

 8   of distinction, and I would ask them to stand.

 9                These champions and many of their 

10   parents -- and I would ask them to stand as well, 

11   because without their input and their driving and 

12   their efforts, I'm sure these girls would admit 

13   that they wouldn't be where they are.  I'm 

14   thrilled to recognize them and their 

15   achievements.  

16                They are here today along with their 

17   coach, Eric Catalano.  They are Saratoga Springs 

18   High School girls.  We have four that are 

19   seniors, we have three that are juniors and one 

20   sophomore.

21                You know, rowing is one of the 

22   toughest, most physically challenging and 

23   mentally demanding of sports.  It requires 

24   strength, endurance, skill, and most important, 

25   for eight individuals to act as one as they row 


                                                               2228

 1   in perfect synchronization under the direction 

 2   and cadence of their coxswain.  I'm learning.  I 

 3   learned as I was learning about you ladies.

 4                The Saratoga Rowing Association's 

 5   Girls Eight road to the Australian championships 

 6   was not an easy road.  Their road was paved in 

 7   sweat and hours of exhausting hard work.  Their 

 8   road was paved in callused hands and sore 

 9   muscles.  Their road was paved in a conditioning 

10   program that would test the mettle of any 

11   professional athlete.  

12                These champions practiced daily, as 

13   what we heard earlier, in near-freezing 

14   temperatures on Fish Creek.  I believe that this 

15   demonstrates their depth of commitment, a 

16   champion's work ethic.  The world champions raced 

17   the 2,000-meter course in 6 minutes and 

18   54.76 seconds, winning over Swan River Composite 

19   by more than 6 seconds.  Six seconds doesn't 

20   sound like much to us here, but in rowing, 

21   championships are won and world records are 

22   shattered by mere seconds.  

23                The team had performed well in major 

24   domestic races, including a victory on the 

25   Charles River, and was invited to the Australian 


                                                               2229

 1   World Championships.  Along with hard work, all 

 2   of this success was fueled by the love, support, 

 3   and encouragement of loyal and enthusiastic fans, 

 4   friends, and family members.  

 5                The Saratoga Rowing Association's 

 6   Girls Eight have proven themselves to be an 

 7   unbeatable combination of talent, tenacity, 

 8   toughness and teamwork.  In addition to being 

 9   champion athletes, these young women are true 

10   role models who set a positive example that girls 

11   everywhere can aspire to.  They have made their 

12   families, their school, their Saratoga Springs 

13   community and our entire state very proud.

14                Mr. President and my colleagues, 

15   please join me as I'm going to raise my 

16   Saratoga Springs water to them in congratulating 

17   the Saratoga Rowing Association's Girls Eight, 

18   our gold medal rowing champions.

19                (Applause.)

20                SENATOR MARCHIONE:   Thank you.

21                ACTING PRESIDENT YOUNG:   The 

22   question is on the resolution.  All those in 

23   favor signify by saying aye.

24                (Response of "Aye.")

25                ACTING PRESIDENT YOUNG:   Opposed, 


                                                               2230

 1   nay.

 2                (No response.)

 3                ACTING PRESIDENT YOUNG:   The 

 4   resolution is adopted.

 5                Senator Libous.

 6                SENATOR LIBOUS:   Thank you, 

 7   Madam President.  

 8                And I believe Senator Marchione 

 9   would like to open this up for cosponsorship to 

10   all the members of the Senate.  As our policy 

11   goes, if for some reason you choose not to be on 

12   it, let the desk know.

13                ACTING PRESIDENT YOUNG:   Thank 

14   you.  

15                The resolution is open for 

16   cosponsorship.  If anyone does not want to be a 

17   cosponsor, please notify the desk.

18                Senator Libous.

19                SENATOR LIBOUS:   Madam President, I 

20   believe that Senator Carlucci has a previously 

21   adopted resolution at the desk, Number 1349.  I 

22   ask that its title be read and then call on 

23   Senator Carlucci.

24                ACTING PRESIDENT YOUNG:   The 

25   Secretary will read the title.


                                                               2231

 1                THE SECRETARY:   Legislative 

 2   Resolution Number 1349, by Senator Carlucci, 

 3   memorializing Governor Andrew M. Cuomo to 

 4   proclaim May 2013 as Mental Health Month in the 

 5   State of New York.

 6                ACTING PRESIDENT YOUNG:   Senator 

 7   Carlucci.

 8                SENATOR CARLUCCI:   Madam President, 

 9   I rise today to proclaim the month of May 2013 as 

10   Mental Health Month in the great State of 

11   New York.  

12                And when we talk about people's 

13   well-being, their health, oftentimes we over look 

14   their psychological state.  And what we really 

15   need to do and the purpose of proclaiming May as 

16   Mental Health Month is to work towards building 

17   awareness, to ending the stigma that's attached 

18   to mental illness.  

19                In fact, one out of 17 Americans 

20   suffer from severe mental illness,  whether it's 

21   schizophrenia, major depression, or bipolarism.  

22   These are issues that face so many people in our 

23   community, and we need to stand up and just make 

24   sure that we're heard in terms of ending the 

25   stigma and talking about these issues.


                                                               2232

 1                So I'm so proud to serve as the 

 2   chairman of the Mental Health Committee and 

 3   working with so many advocates from across this 

 4   state that really have dedicated their lives to 

 5   making sure that there are wonderful services 

 6   available for people that need treatment that are 

 7   suffering or living with mental illness, but also 

 8   that that access is there.  

 9                And that's something that we really 

10   need to work on and we can work on together, to 

11   make sure that there aren't barriers, that people 

12   that need treatment know where to get it and that 

13   they have that opportunity.

14                So, Madam President, thank you.  And 

15   thank my colleagues for supporting this 

16   resolution.

17                ACTING PRESIDENT YOUNG:   Thank you, 

18   Senator Carlucci.

19                Senator Libous.

20                SENATOR LIBOUS:   Thank you, 

21   Madam President.  

22                I believe that Senator Carlucci 

23   would like to open this up for cosponsorship.  

24   And again, if someone chooses not to be on it, to 

25   please let the desk know.


                                                               2233

 1                ACTING PRESIDENT YOUNG:   Thank you, 

 2   Senator.

 3                The resolution is open for 

 4   cosponsorship.  If you do not want to be a 

 5   cosponsor, please notify the desk.

 6                Senator Libous.

 7                SENATOR LIBOUS:   I believe there's 

 8   a resolution by Senator Diaz, Number 1630, at the 

 9   desk.  I ask that you read it in its entirety and 

10   call on Senator Diaz before its adoption.

11                ACTING PRESIDENT YOUNG:   The 

12   Secretary will read.

13                THE SECRETARY:   Legislative 

14   Resolution Number 1630, by Senator Diaz, 

15   commemorating the Laogai Research Foundation's 

16   Human Rights in China Photo Exhibit.  

17                "WHEREAS, The Laogai Research  

18   Foundation's Human Rights in China Photo Exhibit 

19   will be on display in the New York State 

20   Legislative Office Building in Albany, New York, 

21   from May 6 through May 10, 2013; and 

22                "WHEREAS, The exhibition provides a 

23   graphic account of human suffering which has 

24   occurred and still occurs in China today; and 

25                "WHEREAS, The Human Rights in China 


                                                               2234

 1   Photo Exhibit exhibition is especially relevant 

 2   to New York State, as many Laogai survivors live 

 3   here and New York State invests in companies 

 4   which can encourage human rights reform in China; 

 5   and 

 6                "WHEREAS, A former Chinese political 

 7   prisoner, Harry Wu, established the Laogai 

 8   Research Foundation, a non-profit research and 

 9   public education organization; the work of the 

10   Laogai Research Foundation is recognized as a 

11   leading source of information on the human rights 

12   situation in China's labor camps; and 

13                "WHEREAS, Harry Wu was first 

14   arrested as a young student in Beijing for 

15   speaking out against the Soviet invasion of 

16   Hungary and for criticizing the Chinese Communist 

17   Party; in 1960, he was sent to the Laogai, 

18   China's Gulag, as a 'counter-revolutionary 

19   rightist'; and 

20                "WHEREAS, During the next 19 years 

21   he was imprisoned in 12 different labor camps 

22   manufacturing chemicals, mining coal, building 

23   roads, clearing land, and planting and harvesting  

24   crops; he was beaten, tortured and nearly starved 

25   to death, and he witnessed the deaths of many 


                                                               2235

 1   prisoners from brutality, starvation and suicide; 

 2   and 

 3                "WHEREAS, Released in 1979, Harry Wu 

 4   finally left China and came to the United States 

 5   in 1985 as a Visiting Professor of Geology at the 

 6   University of California at Berkeley; and 

 7                "WHEREAS, Later, he began writing 

 8   about his experiences in the Laogai, and  

 9   subsequently he chose to end his academic work 

10   and became a human rights activist dedicated to 

11   exposing the truth about the Laogai, believed to 

12   be the largest forced labor camp system in the 

13   world today; and 

14                "WHEREAS, In the summer of 1995, 

15   Harry Wu was arrested by the Chinese government 

16   as he tried to enter China with valid, legal 

17   documentation; he was held by the Chinese 

18   government for 66 days before he was convicted in 

19   a trial for 'stealing state secrets'; and 

20                "WHEREAS, He was sentenced to 

21   15 years, but was immediately expelled from China 

22   as a result of an extensive international 

23   campaign launched on his behalf; since his 

24   release, he has continued his work in publicizing 

25   the fight to condemn the Laogai and document its 


                                                               2236

 1   atrocities; and 

 2                "WHEREAS, Harry Wu is especially 

 3   concerned with China's treatment of its 

 4   prisoners; and 

 5                "WHEREAS, Harry Wu supports the 

 6   right to give birth as a fundamental right 

 7   recognized in Article 16 of the Universal  

 8   Declaration of Human Rights, a document composed 

 9   in 1948 by the United Nations; and 

10                "WHEREAS, Harry Wu has testified 

11   before various United States Congressional 

12   committees, as well as the British, German and  

13   Australian Parliaments, the European Parliament 

14   and the United Nations; and 

15                "WHEREAS, Harry Wu is the author of 

16   three books; Laogai: The Chinese Gulag, published 

17   in 1991, is the first book to address the 

18   systematic abuses of the Laogai; Bitter Winds, 

19   published in 1994, is his memoir of his time in 

20   the Laogai; and 

21                "WHEREAS, His latest book, 

22   Troublemaker, was published in 1996 and tells of 

23   his clandestine trips back into China to gather 

24   evidence on the Laogai and his detention by the 

25   Chinese government in the summer of 1995; and 


                                                               2237

 1                "WHEREAS, Harry Wu received the 

 2   Freedom Award from the Hungarian Freedom 

 3   Fighters' Federation in 1991; in 1994, he 

 4   received the first Martin Ennals Human Rights 

 5   Award from the Swiss Martin Ennals Foundation;  

 6   in 1996, he was awarded the Medal of Freedom, 

 7   also known as the Beggars' Medal, from the Dutch 

 8   World War II Resistance Foundation; and he also 

 9   received honorary degrees from St. Louis 

10   University and the American University in Paris 

11   in 1996; now, therefore, be it 

12                "RESOLVED, That this Legislative 

13   Body pause in its deliberations to commemorate 

14   the Laogai Research Foundation's Human Rights in 

15   China Photo Exhibit on display in the New York 

16   State Legislative Office Building in Albany from 

17   May 6 through May 10, 2013; and be it further 

18                "RESOLVED, That a copy of this 

19   resolution, suitably engrossed, be transmitted to 

20   the Laogai Research Foundation."

21                ACTING PRESIDENT YOUNG:   Senator 

22   Diaz.

23                SENATOR DIAZ:   Thank you, 

24   Madam President.

25                Ladies and gentlemen, the month of 


                                                               2238

 1   May is a very important month.  Many things 

 2   happen during the month of May -- good things, 

 3   sentimental things, things that make us 

 4   remember.  

 5                For example, during the month of May 

 6   we celebrate Cinco de Mayo.  That's for the 

 7   Mexican liberation people.  And during the month 

 8   of May we celebrate the Workers' Day.  In May we 

 9   celebrate Mother's Day.  In May we celebrate the 

10   Women of Distinction Day here in the Senate 

11   chamber.  In May we celebrate the Senior Citizens 

12   Month.  In May we celebrate the Women's History 

13   Month.  

14                But in May, this May, I'm honored to 

15   have with me in this chamber a hero of human 

16   rights, a person that was imprisoned for 19 years 

17   in China, fighting for human rights:  Mr. Harry 

18   Wu.  

19                I'm honored to have you in this 

20   chamber today, Mr. Wu.  You are a real hero.  And 

21   thank you for accepting my invitation.

22                Ladies and gentlemen, today I have 

23   the privilege of being the Senate sponsor of this 

24   resolution, which as you just heard commemorates 

25   the important work of the Laogai Research 


                                                               2239

 1   Foundation and the bravery of Mr. Harry Wu, its 

 2   founder.  

 3                I am honored and indeed this chamber 

 4   is honored to have with us today Mr. Harry Wu; 

 5   Mr. Andrew Yang, the Laogai Research Foundation's 

 6   coordinator in Washington, D.C.; and Ms. Ann 

 7   Noonan, whose efforts were instrumental in 

 8   bringing Mr. Wu and the photo exhibit that we are 

 9   having in the Senate.

10                The word Laogai means "reform 

11   through labor" and refers to the most extensive 

12   system of forced labor camps in the world.  The 

13   pictures are a startling and graphic reminder of 

14   the suffering not only endured by Mr. Harry Wu, 

15   who was imprisoned for 19 years in 12 different 

16   labor camps, but by millions of others as well.  

17   Each photo and inscription tells an important 

18   story about the executions, the persecution of 

19   religious and ethnic minorities, the forced labor 

20   of those who dared to speak out, and the 

21   Tiananmen Square Massacre.  

22                This photo exhibit is important to 

23   New York State because many Laogai survivors made 

24   New York State their home.

25                My fellow Senators, ladies and 


                                                               2240

 1   gentlemen, I implore you to take a few minutes 

 2   out of your busy schedule to review the photo 

 3   exhibit, which is located in the Concourse level 

 4   at the entrance of the Legislative Office 

 5   Building.  Viewing this exhibit will be well 

 6   worth your time and effort in order to be made 

 7   more aware of the suffering that has existed and 

 8   still exists to this day, and of how much we take 

 9   for granted here in America our freedom.

10                Thank you, Mr. President.  Thank 

11   you, ladies and gentlemen.  And thank you, 

12   Mr. Harry Wu, for your bravery and for the years 

13   of suffering that we will not be able to repay.  

14   But here in this chamber, as a Senator, a member 

15   of this prestigious body, I welcome you and am 

16   honored and pleased to have met you.  Thank you 

17   again.  And thank you, Ann Noonan, for giving me 

18   the privilege to meet Mr. Harry Wu.

19                Ladies and gentlemen, thank you very 

20   much, Madam President.

21                ACTING PRESIDENT YOUNG:   Thank you, 

22   Senator Diaz.

23                The question is on the resolution. 

24   All those in favor signify by saying aye.

25                (Response of "Aye.")


                                                               2241

 1                ACTING PRESIDENT YOUNG:   Opposed, 

 2   nay.

 3                (No response.)

 4                ACTING PRESIDENT YOUNG:   The 

 5   resolution is adopted.

 6                Senator Libous.

 7                SENATOR LIBOUS:   Thank you, 

 8   Madam President.  

 9                And I believe Senator Diaz would 

10   like to open this up for sponsorship to all the 

11   members of the house.  And again, as our policy 

12   goes, if you choose not to be a cosponsor of the 

13   resolution, then let the desk know.

14                Thank you.

15                ACTING PRESIDENT YOUNG:   Thank you, 

16   Senator.

17                The resolution is open for 

18   cosponsorship.  If you do not wish to be 

19   cosponsor, please notify the desk.

20                Senator Libous.

21                SENATOR LIBOUS:   Madam President, I 

22   believe there's a resolution at the desk by 

23   Senator Larkin, Resolution 1751.  If you would 

24   read its title only and call on Senator Larkin.

25                ACTING PRESIDENT YOUNG:   The 


                                                               2242

 1   Secretary will read.

 2                THE SECRETARY:   Legislative 

 3   Resolution Number 1751, by Senator Larkin, 

 4   honoring Chaplain (Captain) Emil J. Kapaun, 

 5   United States Army, upon the occasion of his 

 6   posthumous designation as the recipient of the 

 7   Congressional Medal of Honor.

 8                ACTING PRESIDENT YOUNG:   Senator 

 9   Larkin.

10                SENATOR LARKIN:   Thank you, 

11   Madam President.

12                I rise with pride to honor a 

13   dedicated American, an outstanding priest of the 

14   Catholic faith, a hero in Korea, and an 

15   individual that put his own life before others.

16                Father Kapaun went to Korea in 1950 

17   with the 1st Cav Division, the 8th Regiment, the 

18   3rd Battalion, one of the first groups to land in 

19   Korea in 1950.  Father Kapaun was well-liked and 

20   well-respected, but there was 200,000 enemy 

21   troops coming after 20,000 troops.  

22                Father Kapaun realized the necessity 

23   for faith and positive attitude by the troops.  

24   He went from foxhole to foxhole taking care of 

25   the wounded.  And at one point a Korean guard 


                                                               2243

 1   took a rifle and put it to the head of a young 

 2   soldier.  Father Kapaun, recognizing that this 

 3   individual had lost his leg, he pushed the Korean 

 4   guard away and went over and picked up this 

 5   soldier and carried him for eight miles.

 6                What I'm telling you is all 

 7   documented.  It isn't a story.  

 8                But Father Kapaun had everything 

 9   going for him.  When there was an escape route, 

10   Father Kapaun was told by his leaders:  "Get out 

11   of here."  And he said, "I can't, these are my 

12   people.  These are the people I was put on earth 

13   to take care of."

14                When they were rewriting the rule 

15   again of how they could take care of prisoners, 

16   Father Kapaun was butted in the head with his 

17   rifle more than once.  And everybody looked and 

18   said "A man of the cloth."  He said, "No, a 

19   fellow soldier."

20                In the camps that winter, some of us 

21   that were there know how cold it was.  Many of 

22   our troops in the 3rd Battalion froze to death.  

23   Father Kapaun offered them clothing.  He took 

24   clothes off of people that were full of lice, 

25   helped to build a pot so that they could put heat 


                                                               2244

 1   under it, and he washed the clothes of these 

 2   young men that were 18 to 22 years old.  He took 

 3   their clothing, washed it, put it in this hot 

 4   pan, and then dressed them.  

 5                At night he went out to place where 

 6   the Koreans were, and they were asleep.  And as 

 7   someone said, "Father, you're stealing food," he 

 8   said, "No, we're taking care of the 

 9   malnourished."

10                Father Kapaun was, on more than one 

11   occasion -- he took care of many, many 

12   individuals.  He put himself on the line, but he 

13   never worried about himself.  He only worried 

14   about the people that he was there to take care 

15   of them.  He rallied the prisoners.  

16                And one day all of a sudden they 

17   started ridiculing the priest because he was 

18   talking about God, and the North Koreans and 

19   Chinese had no idea who he was talking about.  

20   But then in the spring he held an Easter service 

21   at an old church in North Korea, and he had 

22   everybody out there, prisoners themselves going 

23   all over, singing Easter songs.  And then when 

24   they got to singing "God Bless America," they 

25   came down and start shooting at all the 


                                                               2245

 1   prisoners.  Father Kapaun talked and said, you 

 2   know, "Forgive them, as the Lord said, for they 

 3   know not what they do."

 4                He always talked about faith to the 

 5   prisoners.  He went from -- officers were in one 

 6   compound and enlisted men in another, and he'd go 

 7   from one compound to the other, and he would 

 8   instill in them faith and respect for their 

 9   country and the hope that we would get them out 

10   of there and bring them back home.

11                One day one of the prisoners came up 

12   and smacked one of the officers in the face.  

13   This officer was from Brooklyn, New York.  

14   Senator, this prisoner was from Brooklyn, 

15   New York.  His name was Fink.  And most of us -- 

16   some of us remember Stanley Fink.  But they're 

17   not related.  But this priest took the toll for 

18   all he did.  

19                But the most important thing, he 

20   never forgot why he was an individual, why he 

21   became a priest, and why, when he had the 

22   opportunity to leave, he didn't.  And at the end, 

23   the North Koreans and the Chinese couldn't take 

24   it anymore because the morale was as high as it 

25   could ever be.  


                                                               2246

 1                Now, you have to remember some of 

 2   these men had fleas all over them.  And the 

 3   Chinese said in their reports later on they 

 4   couldn't find a way how they could stay alive.  

 5   Well, the Father would go out to the camps and he 

 6   would find the dysentery medicine and he would 

 7   find something else.  

 8                He started learning people how to 

 9   sleep together.  And I mean on a solid basis.  He 

10   had all of the prisoners that were in their huts 

11   sleep so that my arms were open like this, then 

12   Tom Libous pushed his feet in mine, and I pushed 

13   my feet in his arms.  And the number that were 

14   saved, people will tell you it was really 

15   something great.  There was one Air Force, but he 

16   was a Marine, John.

17                You know, I read this book last 

18   week.  It was sent to me by somebody that served 

19   in the 1st Cav.  And I want to tell you, all of 

20   these stories that I'm saying, pick up this 

21   book.  It's called Father Kapaun.  And if you 

22   read it without crying, call me and I'll pay you 

23   what you paid for the book.

24                This is an individual that was found 

25   dead on the 21st of May, 1951.  To this day, his 


                                                               2247

 1   remains have never been found.  Because he was an 

 2   inspiration to all of those people in the 

 3   prisoner of war camp.

 4                You know, if you've never been 

 5   there, you'll never really understand it.  But if 

 6   you read the book that was written about him, you 

 7   will clearly understand that people said that 

 8   when they came back from a prisoner of war camp, 

 9   there were incidents in their town where somebody 

10   was dying, somebody had an illness, people 

11   prayed -- because they had memorials in his 

12   hometown of Pilsen, Kansas, and people said that 

13   without the prayers to Father Kapaun -- because 

14   they remembered what he said when they took him 

15   into this house, which was the last straw.  He 

16   said, "I'm going where I'm supposed to go.  I'm 

17   going home.  And when I get there, I'll look down 

18   and I'll say a prayer for you."

19                And these people that came back out 

20   of the prisoner of war camp -- and there's eight 

21   or 10 citations in the book where they say "Pray 

22   to Father Kapaun."  And those that did said a 

23   miracle occurred.

24                Ladies and gentlemen, I'd ask you to 

25   stand in respect to the late Father Kapaun.


                                                               2248

 1                ACTING PRESIDENT YOUNG:   If 

 2   everyone could please stand for a moment of 

 3   silence.

 4                (Whereupon, the assemblage rose and 

 5   respected a moment of silence.)

 6                ACTING PRESIDENT YOUNG:   The 

 7   question is on the resolution.  All those in 

 8   favor signify by saying aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT YOUNG:   Opposed, 

11   nay.

12                (No response.)

13                ACTING PRESIDENT YOUNG:   The 

14   resolution is adopted.

15                Senator Libous.

16                SENATOR LIBOUS:   Madam President, 

17   Senator Larkin would like to open up the 

18   resolution to all the members of the Senate.  And 

19   if there's anyone who chooses not to go on it, to 

20   please let the desk know.

21                ACTING PRESIDENT YOUNG:   Senator 

22   Larkin's resolution is open for cosponsorship.  

23   If you do not want to be a cosponsor, please 

24   notify the desk.

25                SENATOR LIBOUS:   Madam President, I 


                                                               2249

 1   believe there's a resolution by Senator 

 2   Hassell-Thompson, Number 1412, at the desk.  I 

 3   ask that the title be read and you call on 

 4   Senator Hassell-Thompson.

 5                ACTING PRESIDENT YOUNG:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Legislative 

 8   Resolution Number 1412, by Senator 

 9   Hassell-Thompson, memorializing Governor Andrew 

10   M. Cuomo to proclaim June 2013 as Gun Violence 

11   Awareness Month in the State of New York.

12                ACTING PRESIDENT YOUNG:   Senator 

13   Hassell-Thompson.

14                SENATOR HASSELL-THOMPSON:   Thank 

15   you, Madam President.  

16                By designating June as Gun Violence 

17   Awareness Month, New York will be the first state 

18   in the nation to do so.  This idea is not one of 

19   partisan politics, upstate versus downstate, 

20   rural versus urban, or any other divisive label 

21   that we so often use to polarize people.  But 

22   rather, we are looking to bring together every 

23   New Yorker to say "We abhor gun violence.  We 

24   find it to be a crisis in our communities, and we 

25   want to eliminate it."


                                                               2250

 1                Starting this June, communities all 

 2   across New York will come together to devise 

 3   programs, events, activities and working group 

 4   sessions to change the culture surrounding gun 

 5   violence.  

 6                The goals around Gun Violence 

 7   Awareness Month are threefold.  One is to promote 

 8   greater awareness about gun violence and foster 

 9   community urgency to eradicate it.  Two is to 

10   concentrate annual heightened attention to gun 

11   violence during the month that it starts to 

12   rise.  And three is to bring citizens and other 

13   leaders together in the months leading up to June 

14   to develop ways to end gun violence.

15                Here are just a few alarming 

16   statistics.  In 2011, there were 419 homicides by 

17   firearms in New York State, representing 

18   57 percent of all murders in the state.  Firearm 

19   homicide is the leading cause of death for 

20   African-Americans between the ages of 1 to 44 

21   nationwide.  African-Americans, who represent 

22   23 percent of New York City's population, made up 

23   60 percent of the murder victims and 70 percent 

24   of the shooting victims in 2012.  

25                As you can clearly see, gun violence 


                                                               2251

 1   is tearing families apart and devastating the 

 2   lives of our youth.  Now is the time for us to 

 3   reach out to one another and form a partnership 

 4   across all lines.  We must pull from every 

 5   segment of our community and find a solution to 

 6   this crisis.  We must involve and collaborate 

 7   with law enforcement, civic and faith leaders, 

 8   elected officials, and people of our communities 

 9   to fight to save the lives of our youth from this 

10   senseless gun violence.  

11                I hope you will join me and many of 

12   my fellow legislators, mayors and county 

13   executives from Rochester, Buffalo, Syracuse, 

14   Madison County, Oswego, Ulster, Westchester 

15   County, Bronx County, New York County and 

16   Kings County, who have announced that they have 

17   held town hall meetings and leadership councils 

18   in conjunction with gun violence awareness for 

19   the month of June.

20                Thank you, Madam President.

21                ACTING PRESIDENT YOUNG:   Thank you, 

22   Senator.

23                The question is on the resolution. 

24   All those in favor signify by saying aye.

25                (Response of "Aye.")


                                                               2252

 1                ACTING PRESIDENT YOUNG:   Opposed, 

 2   nay.

 3                (No response.)

 4                ACTING PRESIDENT YOUNG:   The 

 5   resolution is adopted.

 6                Senator DeFrancisco.

 7                SENATOR DeFRANCISCO:   Yes, there's 

 8   a resolution at the desk by Senator Kennedy, 

 9   Number 1686.  Could you please have the title 

10   read and ask for its immediate adoption, unless 

11   we could do it sooner than immediate.

12                ACTING PRESIDENT YOUNG:   Thank you, 

13   Senator.

14                The Secretary will read.

15                THE SECRETARY:   Legislative 

16   Resolution Number 1686, by Senator Kennedy, 

17   mourning the death of Dorothy Malczewski, 

18   distinguished citizen and devoted member of her 

19   community.

20                ACTING PRESIDENT YOUNG:   Thank 

21   you.  

22                Senator Kennedy.

23                SENATOR KENNEDY:   Thank you, 

24   Madam President.  

25                I rise today to recognize the life 


                                                               2253

 1   and legacy of Dorothy Malczewski, who sadly 

 2   passed away last week.  

 3                Dorothy turned a proud Polish custom 

 4   into a successful business in her lifetime.  

 5   Butter Lambs have long been a traditional symbol 

 6   in Poland, but it was Dorothy Malczewski who 

 7   brought this tradition to our Easter dinner 

 8   tables in Western New York.  

 9                Dorothy started her business in the 

10   City of Buffalo in her East Side kitchen with a 

11   wooden mold from Poland.  Her business quickly 

12   grew as demand surged for her product.  So she 

13   moved her operation to a family-owned business, 

14   Malczewski's Chicken Shop, in order to 

15   mass-produce these Butter Lambs.  Dorothy became 

16   known to young Western New Yorkers who frequented 

17   her shop as "the mother of Butter Lambs."  

18                Dorothy quickly became a fixture of 

19   the Broadway Market, a local landmark in the City 

20   of Buffalo, and thousands of Western New Yorkers 

21   came to know Dorothy when they made their annual 

22   trip to the market during the Easter season to 

23   buy one of Dorothy's famous Butter Lambs.  

24                Madam President, I cannot think of a 

25   more fitting day than today to honor the life and 


                                                               2254

 1   contributions of Dorothy Malczewski.  Later 

 2   today, the Senate will recognize 63 Women of 

 3   Distinction in New York State.  I am proud to 

 4   celebrate the accomplishments of such 

 5   distinguished New Yorkers, and I feel so lucky to 

 6   share in today's celebration.  

 7                Life during the Easter season will 

 8   be different in Western New York.  Dorothy has 

 9   long been a part of our Easter traditions and, in 

10   turn, our Easter families.  Her Butter Lambs will 

11   remain set upon dinner tables across Western 

12   New York and on family tables all across New York 

13   State.  And when we place the Butter Lamb on our 

14   table, we'll think of Dorothy and appreciate her 

15   for having been a part of our Easter celebrations 

16   for so many years.  

17                I ask the Senate to join me in 

18   honoring and celebrating the life and legacy of 

19   Dorothy Malczewski.  

20                Thank you, Madam President.  

21                ACTING PRESIDENT YOUNG:   Thank you.

22                The question is on the resolution.  

23   All those in favor signify by saying aye.

24                (Response of "Aye.")

25                ACTING PRESIDENT YOUNG:   Opposed, 


                                                               2255

 1   nay.

 2                (No response.)

 3                ACTING PRESIDENT YOUNG:   The 

 4   resolution is adopted.

 5                Senator Libous.

 6                SENATOR LIBOUS:   Madam President, I 

 7   believe the Senators would like Number 1686 

 8   opened for cosponsorship, and Number 1412, the 

 9   resolutions we just passed.  

10                So if anybody wishes not to be on 

11   those resolutions, please let the desk know.

12                ACTING PRESIDENT YOUNG:   Thank you, 

13   Senator.  

14                The resolutions are open for 

15   cosponsorship.  If you do not wish to be on the 

16   resolutions, please notify the desk.

17                Senator Libous.  

18                SENATOR LIBOUS:   Madam President, 

19   at this time could we take up the reading of the 

20   noncontroversial calendar.

21                ACTING PRESIDENT YOUNG:   The 

22   Secretary will read.

23                THE SECRETARY:   Calendar Number 

24   153, by Senator Larkin, Senate Print 267, an act 

25   to amend the Alcoholic Beverage Control Law.


                                                               2256

 1                ACTING PRESIDENT YOUNG:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 10.  This 

 4   act shall take effect on the 180th day.

 5                ACTING PRESIDENT YOUNG:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT YOUNG:   Announce 

 9   the results.

10                THE SECRETARY:   Ayes, 59.  Nays, 

11   2.  Senators Diaz and Espaillat recorded in the 

12   negative.

13                ACTING PRESIDENT YOUNG:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   208, by Senator Libous, Senate Print --

17                SENATOR LIBOUS:   Lay it aside for 

18   the day, please.

19                ACTING PRESIDENT YOUNG:   The bill 

20   is laid aside for the day.

21                THE SECRETARY:   Calendar Number 

22   337, by Senator Seward, Senate Print 3032, an act 

23   to amend the Vehicle and Traffic Law.

24                ACTING PRESIDENT YOUNG:   Read the 

25   last section.


                                                               2257

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT YOUNG:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT YOUNG:   Announce 

 7   the results.

 8                THE SECRETARY:   Ayes, 61.

 9                ACTING PRESIDENT YOUNG:   The bill 

10   is passed.

11                Senator Espaillat.

12                SENATOR ESPAILLAT:   May I explain 

13   my vote on the first bill that was passed?  

14                SENATOR LIBOUS:   Madam President, 

15   could I --

16                ACTING PRESIDENT YOUNG:   Sure.

17                SENATOR LIBOUS:   Could you repeat 

18   yourself, Senator?

19                SENATOR ESPAILLAT:   May I explain 

20   my vote for Calendar 153, Senate Bill 267?  I 

21   stood up but I wasn't recognized.

22                SENATOR LIBOUS:   If the chair did 

23   not see you stand, I would say that it would be 

24   permissible to do so in this case.

25                ACTING PRESIDENT YOUNG:   Thank you.


                                                               2258

 1                Senator Espaillat.

 2                SENATOR ESPAILLAT:   Thank you, 

 3   Madam President.

 4                Again, this is a bill that proposes 

 5   to bring assistance to the agricultural industry 

 6   in our state.  And as we subsidize this very 

 7   important industry, this very important market 

 8   for our state, farmworkers continue to be 

 9   exploited across the State of New York.  

10                And this industry continues to 

11   perpetrate, turn a blind eye or ignore the 

12   conditions of hundreds of thousands of people 

13   that are working on these farms who do not get a 

14   day's rest, who do not get paid overtime, who 

15   often are children, and who do not have the right 

16   to collectively bargain.  

17                I will continue to vote against 

18   these bills as we subsidize an industry that 

19   continues to ignore this horrendous situation 

20   that's perhaps one of the worst secrets in 

21   New York State.  

22                Thank you, Madam President.  I will 

23   be voting no.

24                ACTING PRESIDENT YOUNG:   Thank you.

25                The Secretary will continue to read.


                                                               2259

 1                THE SECRETARY:   Calendar Number 

 2   339, by Senator Fuschillo, Senate Print 3528, an 

 3   act to amend the Vehicle and Traffic Law.

 4                ACTING PRESIDENT YOUNG:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the 90th day.

 8                ACTING PRESIDENT YOUNG:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT YOUNG:   Announce 

12   the result.

13                THE SECRETARY:   Ayes, 61.

14                ACTING PRESIDENT YOUNG:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   340, by Senator Young, Senate Print 3923A, an act 

18   to amend the Highway Law.

19                ACTING PRESIDENT YOUNG:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT YOUNG:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               2260

 1                ACTING PRESIDENT YOUNG:   Announce 

 2   the result.

 3                THE SECRETARY:   Ayes, 61.

 4                ACTING PRESIDENT YOUNG:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   345, by Senator Lanza, Senate Print 4274, an act 

 8   to amend the Highway Law.

 9                ACTING PRESIDENT YOUNG:   Read the 

10   last section.

11                THE SECRETARY:   Section 8.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT YOUNG:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT YOUNG:   Announce 

17   the result.

18                THE SECRETARY:   Ayes, 61.

19                ACTING PRESIDENT YOUNG:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   401, by Senator Klein, Senate Print 4101, an act 

23   to amend the Alcoholic Beverage Control Law.

24                ACTING PRESIDENT YOUNG:   Read the 

25   last section.


                                                               2261

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect on the first of November.

 3                ACTING PRESIDENT YOUNG:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT YOUNG:   Announce 

 7   the result.

 8                THE SECRETARY:   Ayes, 59.  Nays, 

 9   2.  Senators Hassell-Thompson and Sanders 

10   recorded in the negative.

11                ACTING PRESIDENT YOUNG:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   411, by Senator Golden, Senate Print 1975, an act 

15   to amend the Executive Law.

16                ACTING PRESIDENT YOUNG:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect on the first of January.

20                ACTING PRESIDENT YOUNG:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 61.

24                ACTING PRESIDENT YOUNG:   The bill 

25   is passed.


                                                               2262

 1                THE SECRETARY:   Calendar Number 

 2   413, by Senator Valesky, Senate Print 2149, an 

 3   act to amend the Elder Law.

 4                ACTING PRESIDENT YOUNG:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect on the 120th day.

 8                ACTING PRESIDENT YOUNG:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT YOUNG:   Announce 

12   the result.

13                THE SECRETARY:   Ayes, 61.

14                ACTING PRESIDENT YOUNG:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   418, by Senator Golden, Senate Print 4422A, an 

18   act to amend the Executive Law.

19                ACTING PRESIDENT YOUNG:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect January 1, 2014.

23                ACTING PRESIDENT YOUNG:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               2263

 1                THE SECRETARY:   Ayes, 61.

 2                ACTING PRESIDENT YOUNG:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   449, substituted earlier by Member of the 

 6   Assembly Maisel, Assembly Print 3601, an act to 

 7   amend the General Business Law.

 8                ACTING PRESIDENT YOUNG:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT YOUNG:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT YOUNG:   Announce 

16   the results.

17                THE SECRETARY:   Ayes, 61.

18                ACTING PRESIDENT YOUNG:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   456, by Senator Grisanti, Senate Print 3955A, an 

22   act to amend the Agriculture and Markets Law.

23                ACTING PRESIDENT YOUNG:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2264

 1   act shall take effect on the 120th day.

 2                ACTING PRESIDENT YOUNG:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT YOUNG:   Announce 

 6   the results.

 7                THE SECRETARY:   Ayes, 61.

 8                ACTING PRESIDENT YOUNG:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   459, by Senator LaValle, Senate Print 765, an act 

12   to amend the Environmental Conservation Law.

13                ACTING PRESIDENT YOUNG:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT YOUNG:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT YOUNG:   Announce 

21   the results.

22                THE SECRETARY:   Ayes, 61.

23                ACTING PRESIDENT YOUNG:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2265

 1   464, substituted earlier by Member of the 

 2   Assembly Zebrowski, Assembly Print 6910, an act 

 3   to amend the Environmental Conservation Law.

 4                ACTING PRESIDENT YOUNG:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT YOUNG:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT YOUNG:   Announce 

12   the result.

13                THE SECRETARY:   Ayes, 60.  Nays, 

14   1.  Senator LaValle recorded in the negative.

15                ACTING PRESIDENT YOUNG:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   466, by Senator Boyle, Senate Print 4367, an act 

19   to amend the Environmental Conservation Law.

20                ACTING PRESIDENT YOUNG:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT YOUNG:   Call the 

25   roll.


                                                               2266

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT YOUNG:   Announce 

 3   the result.

 4                THE SECRETARY:   Ayes, 60.  Nays, 

 5   1.  Senator LaValle recorded in the negative.

 6                ACTING PRESIDENT YOUNG:   The bill 

 7   is passed.

 8                SENATOR LIBOUS:   Madam President.

 9                ACTING PRESIDENT YOUNG:   Yes, 

10   Senator Libous.

11                SENATOR LIBOUS:   I believe that was 

12   Senator Boyle's first bill.  If we could give him 

13   a round of applause.

14                (Applause.)

15                ACTING PRESIDENT YOUNG:   Senator, 

16   congratulations.  

17                SENATOR LIBOUS:   Madam President, I 

18   should stand corrected; his first bill in the 

19   Senate.  He has passed many bills in the 

20   Assembly.

21                (Laughter.)

22                ACTING PRESIDENT YOUNG:   Thank you.

23                The Secretary will continue to read.

24                THE SECRETARY:   Calendar Number 

25   467, substituted earlier by Member of the 


                                                               2267

 1   Assembly Colton, Assembly Print 6907, an act to 

 2   amend the Environmental Conservation Law.

 3                ACTING PRESIDENT YOUNG:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT YOUNG:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT YOUNG:   Announce 

11   the result.

12                THE SECRETARY:   Ayes, 60.  Nays, 

13   1.  Senator LaValle recorded in the negative.

14                ACTING PRESIDENT YOUNG:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   468, substituted earlier by Member of the 

18   Assembly Fahy, Assembly Print 6909, an act to 

19   amend the Environmental Conservation Law.

20                ACTING PRESIDENT YOUNG:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT YOUNG:   Call the 

25   roll.


                                                               2268

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 60.  Nays, 

 3   1.  Senator LaValle recorded in the negative.

 4                ACTING PRESIDENT YOUNG:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   470, by Senator LaValle, Senate Print 4419, an 

 8   act to amend the Environmental Conservation Law.

 9                ACTING PRESIDENT YOUNG:   Read the 

10   last section.

11                THE SECRETARY:   Section 4.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT YOUNG:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT YOUNG:   Announce 

17   the results.

18                THE SECRETARY:   Ayes, 59.  Nays, 

19   2.  Senators Perkins and Serrano recorded in the 

20   negative.

21                ACTING PRESIDENT YOUNG:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   475, by Senator Young, Senate Print 2190, an act 

25   to amend the Public Health Law.


                                                               2269

 1                ACTING PRESIDENT YOUNG:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 4.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT YOUNG:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT YOUNG:   Senator 

 9   DeFrancisco.

10                SENATOR DeFRANCISCO:   Yes, I just 

11   want to explain my vote.  

12                I vote no.  Not because I don't like 

13   dentists, nor because I don't think dentists 

14   should have such a program.  But it's coming out 

15   of a program already existing for doctors, and 

16   it's not funded adequately as it is.  So that's 

17   the reason I'm voting no.

18                ACTING PRESIDENT YOUNG:   Announce 

19   the results.

20                THE SECRETARY:   Ayes, 60.  Nays, 

21   1.  Senator DeFrancisco recorded in the negative.

22                ACTING PRESIDENT YOUNG:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   476, by Senator Golden, Senate Print 2235, an act 


                                                               2270

 1   to amend the Public Health Law.

 2                ACTING PRESIDENT YOUNG:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the 120th day.

 6                ACTING PRESIDENT YOUNG:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT YOUNG:   Announce 

10   the results.

11                THE SECRETARY:   Ayes, 60.  Nays, 

12   1.  Senator Perkins recorded in the negative.

13                ACTING PRESIDENT YOUNG:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   478, substituted earlier by Member of the 

17   Assembly Glick, Assembly Print 6539, an act to 

18   amend Chapter 192 of the Laws of 2011.

19                ACTING PRESIDENT YOUNG:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT YOUNG:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               2271

 1                ACTING PRESIDENT YOUNG:   Announce 

 2   the results.

 3                THE SECRETARY:   Ayes, 61.

 4                ACTING PRESIDENT YOUNG:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   481, by Senator Lanza, Senate Print 2483, an act 

 8   to amend the Public Officers Law.

 9                ACTING PRESIDENT YOUNG:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the 60th day.

13                ACTING PRESIDENT YOUNG:   Call the 

14   roll.

15                SENATOR LIBOUS:   Lay it aside for 

16   the day, please.

17                ACTING PRESIDENT YOUNG:   The bill 

18   is laid aside for the day.

19                THE SECRETARY:   Calendar Number 

20   514, by Senator Martins, Senate Print 4681, an 

21   act to amend the Highway Law.

22                ACTING PRESIDENT YOUNG:   Read the 

23   last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect immediately.


                                                               2272

 1                ACTING PRESIDENT YOUNG:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT YOUNG:   Senator 

 5   Martins.

 6                SENATOR MARTINS:   Thank you, 

 7   Madam President.  To explain my vote.

 8                Officer Joseph Olivieri was a 

 9   15-year veteran of the Nassau County Police 

10   Department.  On October 18, 2012, as a member of 

11   the Highway Patrol Unit for the Nassau County 

12   Police Department, he was investigating an 

13   accident on the Long Island Expressway near 

14   Exit 35 when a car came by, struck him and killed 

15   him.

16                Police work is dangerous work.  

17   Sometimes we take that for granted.  But our 

18   brave men and women in the police force take that 

19   risk and that danger upon themselves so that we 

20   don't have to.  And there is literally no aspect 

21   of police work that isn't dangerous, as this is 

22   testament to.  

23                There's nothing routine about police 

24   work.  And in this case, a valued member of the 

25   Nassau County Police Department Highway Patrol 


                                                               2273

 1   gave his life, in the ultimate sacrifice, in 

 2   performing his duty.  So we're going to take the 

 3   opportunity to memorialize his service by naming 

 4   a portion of the highway system, a bridge over 

 5   the Long Island Expressway at New Hyde Park Road, 

 6   in his honor.  

 7                Officer Olivieri is survived by two 

 8   children, Amanda and Daniel.  And through this 

 9   bill we will honor his service.  We will remember 

10   him.  And he'll serve as, again, just a tiny 

11   reminder to all of us and to the great citizens 

12   of New York of how difficult and how dangerous 

13   police work is and how we have to respect and 

14   appreciate their efforts each and every day.

15                So, Madam President, I will be 

16   voting aye.

17                ACTING PRESIDENT YOUNG:   Thank you, 

18   Senator Martins.  You will be recorded in the 

19   affirmative.

20                Announce the results.

21                THE SECRETARY:   Ayes, 61.

22                ACTING PRESIDENT YOUNG:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   515, by Senator Martins, Senate Print 4682, an 


                                                               2274

 1   act to amend the Highway Law.

 2                ACTING PRESIDENT YOUNG:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT YOUNG:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT YOUNG:   Senator 

10   Martins to explain his vote.

11                SENATOR MARTINS:   Madam President, 

12   I stand again to explain my vote.

13                Officer Arthur Lopez, a member of 

14   the Nassau County Police Department, died on 

15   October 23, 2012, less than a week after 

16   Officer Olivieri.  Officer Lopez was responding 

17   to a call.  There was a pedestrian hit and run, 

18   and he was pulling over a car.  And in that 

19   exchange, the driver of the car got out and shot 

20   him in the chest, and he died.  

21                Twenty-nine years old, a nine-year 

22   veteran of the Nassau County Police Department, 

23   and he's no longer with us.

24                In his time on the force, 

25   Officer Lopez earned six Meritorious Service 


                                                               2275

 1   Awards, three Excellent Police Duty Awards, and 

 2   several other command recognitions.

 3                He was a member of the Nassau County 

 4   Police Department Emergency Services Unit, which 

 5   is an elite unit in Nassau County and the Nassau 

 6   County Police Department.  

 7                And I want to recognize with us 

 8   today officers from the Nassau County Police 

 9   Department.  And thank you for being here as we 

10   recognize these brave men and their ultimate 

11   commitment to our service, to our communities, to 

12   our county, and to our state.  Thank you for 

13   being here.

14                But, Madam President, through this 

15   act, by passing this bill and hopefully by 

16   enacting this law, we will take a portion of 

17   Jericho Turnpike in Nassau County, as it extends 

18   over the Cross-Island Parkway, and we will name 

19   that for Officer Lopez so that, again, we can 

20   memorialize a very special person who gave the 

21   ultimate sacrifice but also remember the dangers 

22   of policing and serve as a reminder to all of us 

23   of just how fortunate we are to have our men and 

24   women in blue who protect us each and every day.

25                I will be voting aye.


                                                               2276

 1                ACTING PRESIDENT YOUNG:   Thank you, 

 2   Senator Martins.  You will be recorded in the 

 3   affirmative.

 4                Senator Boyle.

 5                SENATOR BOYLE:   Thank you, 

 6   Madam President.  

 7                I'd like to thank Senator Martins 

 8   for his leadership on this legislation to 

 9   memorialize Officer Lopez.  

10                Officer Lopez was a constituent of 

11   the Fourth Senatorial District, and his friends 

12   and neighbors in Babylon will always remember him 

13   as a tremendous officer but also a neighbor, 

14   someone who was involved in his community, was a 

15   leader on his street, made friends and was always 

16   helpful to the people who he lived near.

17                The highway may be in Nassau County, 

18   but in the hearts of Babylon, Officer Lopez will 

19   always be with us.  

20                I vote in the affirmative.

21                ACTING PRESIDENT YOUNG:   Thank you, 

22   Senator Boyle.

23                Announce the result.

24                THE SECRETARY:   Ayes, 61.

25                ACTING PRESIDENT YOUNG:   The bill 


                                                               2277

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   520, substituted earlier by Member of the 

 4   Assembly Zebrowski, Assembly Print Number 1297, 

 5   an act enacting the "Rockland Bergen Bi-State 

 6   Watershed Flood Prevention and Protection Act."

 7                ACTING PRESIDENT YOUNG:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 9.  This 

10   act shall take effect upon the enactment into 

11   law.

12                ACTING PRESIDENT YOUNG:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT YOUNG:   Announce 

16   the result.

17                THE SECRETARY:   Ayes, 61.

18                ACTING PRESIDENT YOUNG:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   558, substituted earlier by Member of the 

22   Assembly Englebright, Assembly Print 1935A, an 

23   act to amend the Public Health Law.

24                ACTING PRESIDENT YOUNG:   Read the 

25   last section.


                                                               2278

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the 60th day.

 3                ACTING PRESIDENT YOUNG:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT YOUNG:   Announce 

 7   the results.

 8                THE SECRETARY:   Ayes, 61.

 9                ACTING PRESIDENT YOUNG:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   559, by Senator Hannon, Senate Print 3817, an act 

13   to amend the Public Health Law.

14                ACTING PRESIDENT YOUNG:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT YOUNG:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT YOUNG:   Announce 

22   the results.

23                THE SECRETARY:   Ayes, 61.

24                ACTING PRESIDENT YOUNG:   The bill 

25   is passed.


                                                               2279

 1                THE SECRETARY:   Calendar Number 

 2   560, substituted earlier by Member of the 

 3   Assembly Rodriguez, Assembly Print 2387 --

 4                SENATOR LIBOUS:   Lay it aside for 

 5   the day, please.

 6                ACTING PRESIDENT YOUNG:   The bill 

 7   is laid aside for the day.

 8                Senator Libous, that completes the 

 9   reading of the noncontroversial calendar.

10                SENATOR LIBOUS:   Thank you, 

11   Madam President.

12                At this time Senator Klein, 

13   Senator Skelos hand up the following committee 

14   assignments and ask that the assignments be filed 

15   in the Journal.

16                ACTING PRESIDENT YOUNG:   So 

17   ordered.

18                Senator Libous.

19                SENATOR LIBOUS:   Thank you, 

20   Madam President.  

21                Is there any further business at the 

22   desk?  

23                ACTING PRESIDENT YOUNG:   There is 

24   no further business before the desk.

25                SENATOR LIBOUS:   There being no 


                                                               2280

 1   further business, I move that the Senate adjourn 

 2   until Wednesday, May 8th, at 11:00 a.m.

 3                ACTING PRESIDENT YOUNG:   Thank you, 

 4   Senator Libous.  

 5                On motion, the Senate stands 

 6   adjourned until Wednesday, May 8th, at 11:00 a.m.

 7                (Whereupon, at 5:00 p.m., the Senate 

 8   adjourned.)

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25