Regular Session - May 21, 2013
2402
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 21, 2013
11 4:35 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR DIANE J. SAVINO, Acting President
19 FRANCIS W. PATIENCE, Secretary
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21
22
23
24
25
2403
1 P R O C E E D I N G S
2 ACTING PRESIDENT SAVINO: The
3 Senate will please come to order.
4 I ask all those present to please
5 rise with me, as we welcome the Color Guard, in
6 the Pledge of Allegiance.
7 (Whereupon, the Color Guard entered
8 the chamber and presented the colors. The
9 assemblage recited the Pledge of Allegiance to
10 the Flag, and the Color Guard exited the
11 chamber.)
12 ACTING PRESIDENT SAVINO: At this
13 time I would ask all those present to please
14 observe with us a moment of silence for the
15 victims of the Oklahoma tornado.
16 (Whereupon, the assemblage
17 respected a moment of silence.)
18 ACTING PRESIDENT SAVINO: Today we
19 are joined by Reverend Hermon Darden, of
20 Vanderveer Park United Methodist Church in
21 Brooklyn, who will deliver the invocation.
22 REVEREND DARDEN: Let us pray.
23 Gracious God, we ask Your blessing
24 upon all of the Senators gathered in this
25 chamber. Continue to strengthen them and lift
2404
1 them up to do the work of this state.
2 We ask an additional blessing on
3 their families, who so graciously sacrifice
4 their time with them and loan them for the work
5 of the State of New York. Bless the staff who
6 are dedicated to supporting the work of our
7 elected officials.
8 We ask, O Lord, a special blessing
9 upon the people who have suffered in Oklahoma.
10 Be with them with Your presence and Your peace,
11 a peace which passeth all understanding. We
12 especially ask blessings upon those who will be
13 impoverished as a result of this tragedy.
14 We too ask that those who are
15 residents of this state who are poor be given
16 special attention. We pray, Dear God, that You
17 will lift up advocates, as You have in this
18 chamber, who will focus on the poor and the
19 indigent in the State of New York.
20 Keep before us the words of Eleanor
21 Roosevelt, who said "Poverty is an expensive
22 luxury we cannot afford," and the wisdom of
23 Mahatma Gandhi, who said: "Poverty is the worst
24 form of violence."
25 And most of all, gracious God, keep
2405
1 before us Your word found in Proverbs 31, where
2 we hear admonishment to speak out, for those who
3 cannot speak, for the rights of the destitute.
4 Speak out, judge righteously, defend the rights
5 of the poor and needy.
6 We ask for these blessings in the
7 name of Yahweh, the God of Moses the Lawgiver,
8 in the name of Allah the Merciful, and through
9 Jesus Christ, our Lord, we pray.
10 Amen.
11 ACTING PRESIDENT SAVINO: The
12 reading of the Journal.
13 THE SECRETARY: In Senate, Monday,
14 May 20th, the Senate met pursuant to
15 adjournment. The Journal of Sunday, May 19th,
16 was read and approved. On motion, Senate
17 adjourned.
18 ACTING PRESIDENT SAVINO: Without
19 objection, the Journal stands approved as read.
20 Presentation of petitions.
21 Messages from the Assembly.
22 The Secretary will read.
23 THE SECRETARY: On page 31,
24 Senator Valesky moves to discharge, from the
25 Committee on Finance, Assembly Bill Number 433
2406
1 and substitute it for the identical Senate Bill
2 Number 2157, Third Reading Calendar 552.
3 ACTING PRESIDENT SAVINO: So
4 ordered.
5 THE SECRETARY: And on page 34,
6 Senator Nozzolio moves to discharge, from the
7 Committee on Local Government, Assembly Bill
8 Number 4665A and substitute it for the identical
9 Senate Bill Number 3636A, Third Reading Calendar
10 585.
11 ACTING PRESIDENT SAVINO: So
12 ordered.
13 Messages from the Governor.
14 Reports of standing committees.
15 Reports of select committees.
16 Communications and reports from
17 state officers.
18 Motions and resolutions.
19 Senator Libous.
20 SENATOR LIBOUS: Madam President,
21 would you please call on Senator Gianaris.
22 ACTING PRESIDENT SAVINO: Senator
23 Gianaris.
24 SENATOR GIANARIS: Thank you,
25 Madam President.
2407
1 On behalf of Senator Avella, on
2 page number 32 I offer the following amendments
3 to Calendar Number 567, Senate Print Number 4544,
4 and ask that said bill retain its place on
5 Third Reading Calendar.
6 ACTING PRESIDENT SAVINO: So
7 ordered.
8 Senator Libous.
9 SENATOR LIBOUS: Madam President,
10 would you call on Senator Carlucci, please.
11 ACTING PRESIDENT SAVINO: Senator
12 Carlucci.
13 SENATOR CARLUCCI: Thank you,
14 Madam President.
15 On page number 20, on behalf of
16 Senator Klein, I offer the following amendments
17 to Calendar Number 358, Senate Print Number 3862,
18 and ask that said bill will retain its place on
19 the Third Reading Calendar.
20 ACTING PRESIDENT SAVINO: So
21 ordered.
22 Senator Libous.
23 SENATOR LIBOUS: Thank you,
24 Madam President.
25 On behalf of Senator Seward, would
2408
1 you please place a sponsor's star on Calendar
2 Number 589.
3 ACTING PRESIDENT SAVINO: So
4 ordered.
5 SENATOR LIBOUS: And on behalf of
6 Senator Fuschillo, I call up his bill, Print
7 Number 774, recalled from the Assembly, which is
8 now at the desk.
9 ACTING PRESIDENT SAVINO: The
10 Secretary will read the title of the bill.
11 THE SECRETARY: Calendar Number
12 439, by Senator Fuschillo, Senate Print 774, an
13 act to amend the General Business Law.
14 SENATOR LIBOUS: Madam President, I
15 now move to reconsider the vote by which this
16 bill was passed.
17 ACTING PRESIDENT SAVINO: The
18 Secretary will call the roll on reconsideration.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 56.
21 SENATOR LIBOUS: Madam President, I
22 offer the following amendments.
23 ACTING PRESIDENT SAVINO: The
24 amendments are received.
25 Senator Libous.
2409
1 SENATOR LIBOUS: Madam President,
2 on behalf of Senator Seward, on page 14 I offer
3 the following amendments to Calendar Number 206,
4 Senate Print 4171, and ask that said bill retain
5 its place on the Third Reading Calendar.
6 ACTING PRESIDENT SAVINO: So
7 ordered.
8 SENATOR LIBOUS: And, Madam
9 President, on behalf of Senator DeFrancisco, on
10 page 34 I offer the following amendments to
11 Calendar Number 583, Senate Print Number 553, and
12 ask that said bill retain its place on the
13 Third Reading Calendar.
14 ACTING PRESIDENT SAVINO: So
15 ordered.
16 Senator Libous.
17 SENATOR LIBOUS: Madam President,
18 at this time may we please adopt the
19 Resolution Calendar, with the exception of
20 Resolution Numbers 1897, 1912, 1913, 1938 and
21 1976.
22 ACTING PRESIDENT SAVINO: All in
23 favor of adopting the Resolution Calendar, with
24 the exception of 1897, 1912, 1913, 1938 and 1976,
25 signify by saying aye.
2410
1 (Response of "Aye.")
2 ACTING PRESIDENT SAVINO: Opposed,
3 nay.
4 (No response.)
5 ACTING PRESIDENT SAVINO: The
6 Resolution Calendar is adopted, with the
7 exceptions.
8 Senator Libous.
9 SENATOR LIBOUS: Thank you,
10 Madam President.
11 Madam President, there's a
12 resolution at the desk by Senator Skelos,
13 Number 1938. I ask that you please read it in
14 its entirety and ask for its adoption, please.
15 And at that time I believe you'll call on
16 Senator Ball, Senator Addabbo, and
17 Senator Sanders.
18 ACTING PRESIDENT SAVINO: The
19 Secretary will read.
20 THE SECRETARY: Legislative
21 Resolution Number 1938, by Senators Skelos, Klein
22 and Stewart-Cousins, honoring the distinguished
23 veterans from the State of New York upon the
24 occasion of their induction into the New York
25 State Senate Veterans Hall of Fame to be
2411
1 celebrated on May 21, 2013.
2 "WHEREAS, Members of the Armed
3 Services from the State of New York, who have
4 served so valiantly and honorably in wars in
5 which this country's freedom was at stake, as
6 well as in the preservation of peace in
7 peacetime, deserve a special salute from this
8 Legislative Body; and
9 "WHEREAS, Attendant to such concern,
10 and in full accord with its long-standing
11 traditions, this Legislative Body is justly proud
12 to honor the distinguished veterans from the
13 State of New York upon the occasion of their
14 induction into the New York State Senate Veterans
15 Hall of Fame to be celebrated on May 21, 2013;
16 and
17 "WHEREAS, The New York State Senate
18 Veterans Hall of Fame inductees are members of
19 any branch of the United States Armed Forces,
20 which include Army, Navy, Coast Guard, Air Force,
21 and Marine Corps; these exceptional men and women
22 are chosen for this prestigious honor based on
23 either service in combat or notable work
24 performed after discharge from the service; and
25 "WHEREAS, The 2013 inductees
2412
1 include: Robert Addison, Jerry Alperstein, Allan
2 P. Atwell, Mike Brennan, Irving Cantor, Philip
3 R. Capraro, Eric Carver, Warren Craig, Roswell
4 L. Crozier, Jr., Robert Danke, John F. Drago,
5 Walter George Drago, William DuBose, Howard Dunn,
6 James A. Haggerty, Walter Hobbs, Daniel J.
7 Honsinger, Indiana Hunt, Marvin R. Jeffcoat,
8 Richard R. Keiser, Mike LaNassa, Don Linborg,
9 Luis Lorenzo, Charles A. Maushardt, Silvio
10 Mazzella, Nicholas L. Mazzola, Ray Melens,
11 James W. Merritte, William Nazario, Stephen
12 Nicolino, Robert Nolan, Zulma L. Novoa, Stephen
13 Owen, Elliott S. Palais, Carmen 'Carm'
14 Pascarella, Jr., Jacquemae Perrotta, Veronica D.
15 Reid, Katherine Robinson, Terrance L. Roche,
16 Marlene L. Roll, Francis H. Romanitch,
17 Costantino Scutari, Roma Stern, Dennis Sullivan,
18 Kenneth Taylor, Don Thomas, Robert Thybulle,
19 Art Van Tyne, Khammoon Viengkham, Wilbur A.
20 Weder, Loretta Weiss, William R. Wilson III,
21 Gerry West, and Roger L. Woodworth; and
22 "WHEREAS, The banner of freedom will
23 always wave over our beloved New York and all of
24 America, the land of the free and the home of the
25 brave; and
2413
1 "WHEREAS, The freedoms and security
2 we cherish as Americans come at a very high price
3 for those serving in the military in times of
4 conflict; it is fitting and proper that we who
5 are the beneficiaries of those who risk their
6 lives must never forget the courage with which
7 these men and women served their country; and
8 "WHEREAS, Our nation's veterans
9 deserve to be recognized, commended and thanked
10 by the people of the State of New York for their
11 service and for their dedication to their
12 communities, their state and their nation; now,
13 therefore, be it
14 "RESOLVED, That this Legislative
15 Body pause in its deliberations to honor the
16 distinguished veterans from the State of New York
17 upon the occasion of their induction into the
18 New York State Senate Veterans Hall of Fame, to
19 be celebrated on May 21, 2013; and be it further
20 "RESOLVED, That copies of this
21 resolution, suitably engrossed, be transmitted to
22 the 2013 inductees."
23 ACTING PRESIDENT SAVINO: Senator
24 Ball.
25 SENATOR BALL: It's an honor just
2414
1 to briefly rise and say that today was an awesome
2 event. We're joined by veterans throughout the
3 state from World War II, men and women who served
4 up until present conflicts. And I can tell you
5 that at times there was not a dry eye in the
6 house.
7 And to the veterans who are here, I
8 know I speak on behalf of all of us to say to the
9 veterans and the families, from the bottom of my
10 heart and all of our hearts, thank you so very
11 much for your service to this great and beautiful
12 country.
13 Thank you, and God bless.
14 ACTING PRESIDENT SAVINO: Senator
15 Addabbo on the resolution.
16 SENATOR ADDABBO: Thank you,
17 Madam President.
18 It is truly an honor for me to
19 welcome all veterans here today in celebrating
20 the Senate Hall of Fame ceremonies. And I want
21 to also echo the thoughts of our chair,
22 Senator Ball, in saying thank you to all for the
23 commitment and dedication.
24 We have veterans here of all ages,
25 from all branches, from all corners of the state,
2415
1 veterans who served in different conflicts, in
2 different ways, and come from different
3 backgrounds. But they all have this in common:
4 a commitment and dedication to our country. And
5 we thank them for it.
6 New York State is home to over
7 900,000 veterans. And as a State Legislature we
8 have a unique opportunity -- some feel an
9 obligation -- to give back to our veterans, to
10 help them find employment, to help them in their
11 healthcare, and to help their families.
12 Congratulations to all honorees and
13 inductees to today's Senate Hall of Fame in the
14 ceremonies, and thank you again for your
15 service.
16 Thank you, Madam President.
17 ACTING PRESIDENT SAVINO: Senator
18 Sanders on the resolution.
19 SENATOR SANDERS: Thank you.
20 As a Marine Corps veteran, I stand
21 to honor those who fought and bled for this
22 country, not simply in foreign battlefields, but
23 once they returned home. They understood that
24 the battle was not over then, and they took
25 leadership positions in their communities. And
2416
1 we really appreciate those things.
2 The inductees have set a high bar
3 that the future people who go into the military
4 will have to try to live up to. I am assured
5 that America will always produce youth of the
6 quality of the inductees so that this country
7 will remain free.
8 So I thank you again, the inductees
9 and their families, for your service, not simply
10 in the battlefield, but once you came home.
11 Thank you.
12 ACTING PRESIDENT SAVINO: The
13 question is on the resolution. All those in
14 favor signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT SAVINO: Opposed,
17 nay.
18 (No response.)
19 ACTING PRESIDENT SAVINO: The
20 resolution is adopted.
21 SENATOR LIBOUS: Madam President,
22 could we open this up to all the members. And as
23 is our normal policy, if someone chooses not to
24 be on it, they should let the desk know.
25 ACTING PRESIDENT SAVINO: This
2417
1 resolution is open up to all members of the
2 Senate. Anyone wishing not to have their name on
3 the resolution, please see the desk.
4 Senator Libous.
5 SENATOR LIBOUS: If we could now
6 take up Resolution 1913, by Senator Larkin. If
7 you could read it in its entirety and call on
8 Senator Larkin and then Senator Diaz, please.
9 ACTING PRESIDENT SAVINO: The
10 Secretary will read.
11 THE SECRETARY: Legislative
12 Resolution Number 1913, by Senator Larkin,
13 honoring the 65th Infantry Regiment of
14 Puerto Rico, known as the Borinqueneers.
15 "WHEREAS, American military heroes
16 who served valiantly and honorably in our
17 nation's wars should be recognized by the people
18 of this state and nation, and the courage with
19 which they fought should never be forgotten; and
20 "WHEREAS, Attendant to such concern,
21 and in full accord with its long-standing
22 traditions, this Legislative Body is justly proud
23 to honor the 65th Infantry Regiment of
24 Puerto Rico, known as the Borinqueneers; and
25 "WHEREAS, Mandated by Congress in
2418
1 1899, the 65th Infantry Regiment from Puerto Rico
2 played a prominent role in American military
3 history, participating in three United States
4 wars: World War I, World War II, and, most
5 notably, the Korean War; and
6 "WHEREAS, Enlisting in the United
7 States Armed Forces, the soldiers from the
8 65th Infantry Regiment of Puerto Rico
9 courageously shed their blood in service to this
10 great nation; and
11 "WHEREAS, On February 2, 1951, the
12 Borinqueneers, in the face of overwhelming odds,
13 earned the sole distinction of conducting the
14 last battalion-sized bayonet charge in American
15 military history when they engaged the Chinese
16 149th Division in mortal combat; and
17 "WHEREAS, The soldiers of the
18 65th Infantry Regiment of Puerto Rico served with
19 distinction and valor, earning two Presidential
20 Unit Citations, an Army Unit Superior Award, a
21 Navy Unit Citation, two Republic of Korea
22 Presidential Unit Citations and the Bravery Gold
23 Medal of Greece; and
24 "WHEREAS, In the spirit of true
25 American heroism, the 65th Infantry Regiment of
2419
1 Puerto Rico is an inspiration to every American;
2 they are exceptional soldiers who deserve to be
3 recognized, commended and remembered by the
4 people of the State of New York and by all
5 Americans; and
6 "WHEREAS, As Americans, it is our
7 responsibility to ensure that our history is
8 documented and reverence is given to our war
9 heroes; and
10 "WHEREAS, It is fitting and proper
11 that we, the benefactors of the sacrifices and
12 courageous acts of the men and women who served
13 and continue to serve in the United States Armed
14 Forces, express our appreciation and eternal
15 gratitude for their service to our great nation;
16 now, therefore, be it
17 "RESOLVED, That this Legislative
18 Body pause in its deliberations to honor the 65th
19 Infantry Regiment of Puerto Rico, known as the
20 Borinqueneers; and be it further
21 "RESOLVED, That copies of this
22 resolution, suitably engrossed, be transmitted
23 to Ruben Estrada, Co-Chairman, The Borinqueneers
24 Stamp Committee, Anthony Mele, Chairman of the
25 65th Infantry Regiment Honor Task Force and
2420
1 great-grandson of Leoncio Beauchamp (65th
2 Infantry Regiment of Puerto Rico, 1917); Javier
3 Morales, President of the 65th Infantry Veterans
4 Association in Puerto Rico; Pedro Pierluisi,
5 Puerto Rico Resident Commissioner; Danny Nieves,
6 65th Infantry Regiment Archivist and
7 Borinqueneers.net webmaster; and to the following
8 members of the Congress of Puerto Rican Veterans-
9 Borinqueneers Post: Modesto Cartagena, Luis
10 Quinones, Antonio Rodriquez-Balinas, Israel
11 Montalvo, Angel Pagan, Felix Ortiz, Augustin
12 Ramirez, Angel Rivera, Anthony Melendez, Jesus
13 Ojeda, Tomas Lopez, Julio Mercado, Jamie Lopez,
14 Luis Martinez, Eugenio Quevedo, Angel Alvarez,
15 Samuel Vazquez, Francisco Alicea, Juan Carrion,
16 Pedro Torruellas, Rafael Cordero, Candido De La
17 Paz, Eladio Cordero, Ramon S. Velez, Jose Ernesto
18 Cordero, Cruz Martinez, and Pedro J. Vanga."
19 ACTING PRESIDENT SAVINO: Senator
20 Larkin.
21 SENATOR LARKIN: Thank you,
22 Madam President.
23 You know, we're honored here by
24 having some special guests because of this
25 resolution. In the gallery there is Ruben
2421
1 Estrada. Ruben is the chairman of the
2 Borinqueneers Stamp Committee. Tony Mele is the
3 chairman of the task force for the 65th. Thank
4 you, Tony. And our deputy post commander is
5 Evelyn Reyes.
6 You know, we've been working with
7 this group here, and there are others in the City
8 of New York and in Puerto Rico, for over a year
9 right now on this stamp. First of all, they
10 understand that the stamp isn't easy. These
11 three individuals helped us when we got the
12 Purple Heart stamp. It took us 11 and a half
13 years to get it. We've only got one year in it.
14 But when you look at the combat
15 record of this unit -- World War I, World War II,
16 Korea -- the number of awards and decorations
17 that were received by individuals and by the 65th
18 itself tells you of a combat unit. When you talk
19 about it and you read in the book, it talks about
20 the bayonet challenge. Other units that were in
21 the same area pulled back. The 65th stood there,
22 put their bayonets on, and charged forward.
23 These are dedicated men and women.
24 We should be very proud of them, not just because
25 they're from Puerto Rico, but because they are
2422
1 Americans. And this is a great opportunity for
2 us as a legislative body to say, as we did in the
3 resolution, what we think about them, that we
4 appreciate what they've done.
5 And I think each and every one of us
6 should go back to our communities and find out
7 how many members that are from Puerto Rico that
8 are here now and what can we do to assist them in
9 having this stamp approved by the U.S. Postal
10 Department.
11 Madam President, I thank you very
12 much, and I'd like to open it up for everybody.
13 Because to not have your name on here is saying
14 something. Today we talked about all of our
15 veterans. But if you're not going to join in
16 with us on this, then where is your heart and
17 your respect for those who served in combat?
18 Thank you.
19 ACTING PRESIDENT SAVINO: Senator
20 Diaz on the resolution.
21 SENATOR DIAZ: Thank you,
22 Madam President.
23 I rise to express my appreciation to
24 Senator Larkin and to Ruben Estrada. Senator
25 Larkin, Madam President, he does not represent a
2423
1 Hispanic area, mainly. But he has come even to
2 my district in the South Bronx, all the way from
3 his district upstate. Ruben Estrada and Senator
4 Larkin came to my district to name a Bronx street
5 for the Borinqueneers.
6 So thank you, Senator Larkin, for
7 all your effort and helping us Puerto Ricans
8 recognize our heroes.
9 But also, Madam President and ladies
10 and gentlemen, I want to commend Senator Greg
11 Ball. This morning we have -- we had this
12 morning a ceremony in which we witnessed the
13 opportunity given to each one of us to bring one
14 of our veterans from our districts to be
15 recognized. And it was a beautiful ceremony,
16 well coordinated.
17 But, Madam President and ladies and
18 gentlemen, the closing, the closing of that
19 ceremony was so sentimental, so deep, so
20 emotional, it made a lot of people cry. And that
21 closing was tastefully done and well put, and I
22 have to congratulate Senator Greg Ball and the
23 committee that put this ceremony together.
24 And I have to tell you,
25 Madam President, before I sit down, that even the
2424
1 great, the great Yankee closer Mariano Rivera
2 cannot make a closing better than what Greg Ball
3 did this morning.
4 Thank you, ladies and gentlemen.
5 ACTING PRESIDENT SAVINO: Thank
6 you, Senator Diaz.
7 Senator Carlucci on the resolution.
8 SENATOR CARLUCCI: Thank you,
9 Madam President.
10 I want to thank Senator Larkin and
11 Senator Diaz for those kind words. It's so
12 fitting that today we honor the 65th Infantry
13 Regiment of Puerto Rico.
14 And I want to thank my friends
15 Ruben, Evelyn and Anthony Mele for keeping this
16 legacy alive. And Anthony Mele is the
17 great-grandson of one of the heroes that served
18 in the 65th Infantry Regiment of Puerto Rico. So
19 it's so fitting that we do this today.
20 And I want to thank again Senator
21 Larkin for introducing this legislation, and our
22 local veterans for making sure that this legacy
23 stays alive, and all of the members for
24 supporting this resolution.
25 Thank you, Madam President.
2425
1 ACTING PRESIDENT SAVINO: Thank
2 you.
3 Senator Dilan on the resolution.
4 SENATOR DILAN: Thank you very
5 much, Madam President.
6 I rise to honor the memory of those
7 Borinqueneers who served in the 65th Infantry and
8 to really congratulate them for their service in
9 World War I, World War II, the Korean War, and
10 the War on Terror also.
11 And to those that are still here
12 with us, I just want to honor and thank them for
13 their service to this country.
14 I'm very proud, one, of being a
15 Puerto Rican and for them being Puerto Ricans.
16 So I want to thank Senator Larkin and
17 Senator Ball and all my colleagues for honoring
18 these individuals and their service.
19 But also, in the Assembly, I would
20 like to also congratulate and thank
21 Assemblywoman Carmen Arroyo for introducing a
22 same-as in the Assembly.
23 Thank you.
24 ACTING PRESIDENT SAVINO: Thank
25 you, Senator Dilan.
2426
1 Are there any other Senators wishing
2 to be heard on the resolution?
3 Seeing none, the question is on the
4 resolution. All those in favor signify by saying
5 aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT SAVINO: Opposed,
8 nay.
9 (No response.)
10 ACTING PRESIDENT SAVINO: The
11 resolution is adopted.
12 Senator Libous.
13 SENATOR LIBOUS: Thank you,
14 Madam President.
15 And I believe Senator Larkin would
16 like to open the resolution up for all members.
17 As the policy goes, if you choose not to go on
18 the resolution, let Senator Larkin know.
19 Otherwise, your names will be placed on the
20 resolution.
21 (Laughter.)
22 ACTING PRESIDENT SAVINO: Senator
23 Libous.
24 SENATOR LIBOUS: At this time I
25 believe there's a resolution, Number 1897, by
2427
1 Senator Little. Could we have a title read only
2 and call on Senator Little to speak.
3 ACTING PRESIDENT SAVINO: The
4 Secretary will read.
5 THE SECRETARY: Legislative
6 Resolution Number 1897, by Senator Little,
7 memorializing Governor Andrew M. Cuomo to
8 proclaim May 12-19, 2013, as Fibromyalgia
9 Awareness Week in the State of New York.
10 ACTING PRESIDENT SAVINO: Senator
11 Little.
12 SENATOR LITTLE: Thank you,
13 Madam President.
14 This is a resolution for better
15 awareness of fibromyalgia. This is a disease
16 that affects about 10 million people in the
17 United States and many, many more people
18 worldwide. It's a chronic syndrome that is
19 increasing at alarming rates, and it causes
20 debilitating fatigue and chronic pain in women,
21 men, and children of all ethnicities.
22 Sometimes it can take up to five
23 years to even be diagnosed with fibromyalgia, and
24 then what you're told by the physician once you
25 are diagnosed is that you need to learn to live
2428
1 with it.
2 What we have and what we are looking
3 for is more awareness. We have a National
4 Fibromyalgia and Chronic Pain Association, which
5 has joined with the International Institute for
6 Human Empowerment, which is based in New York
7 State, to promote fibromyalgia awareness and
8 support, including improved education, diagnosis,
9 research and treatment -- support for people who
10 are struggling with the challenges of this
11 chronic pain disease.
12 The neurosciences department of
13 Albany Medical Center, right here in our area,
14 conducts medical research and provides continuing
15 education for physicians and other healthcare
16 providers in regard to fibromyalgia.
17 I ask you all to join with me in
18 this resolution as we try to increase awareness
19 of this disease that affects so many people,
20 fibromyalgia. By increasing awareness and more
21 education about the disease, we will be able to
22 help those people who are afflicted by it and
23 hopefully find a cause or a cure for those who
24 are afflicted and those who may get it in the
25 future, and also to reduce the number of people
2429
1 who are afflicted by this.
2 So thank you very much for joining
3 me today, and I appreciate your support.
4 ACTING PRESIDENT SAVINO: Thank
5 you, Senator Little.
6 Are there any other Senators wishing
7 to be heard on the resolution?
8 Seeing none, the question is on the
9 resolution. All in favor signify by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT SAVINO: Opposed,
12 nay.
13 (No response.)
14 ACTING PRESIDENT SAVINO: The
15 resolution is adopted.
16 Senator Libous.
17 SENATOR LIBOUS: I'd like to open
18 the resolution up, at Senator Little's request,
19 to all the members of the Senate. If you wish
20 not to be on the resolution, let any one of those
21 fine people at the desk know. Thank you.
22 Madam President, I believe Senator
23 Hassell-Thompson has Resolution 1976. She asks
24 that you read the title only, and then she would
25 like to speak on the resolution.
2430
1 ACTING PRESIDENT SAVINO:
2 Resolution 1897, by Senator Little, is open for
3 cosponsorship. If you do not choose to be on the
4 resolution, please notify the desk.
5 And the Secretary will read
6 Resolution 1976.
7 THE SECRETARY: Legislative
8 Resolution Number 1976, by Senator
9 Hassell-Thompson, honoring Isaiah Moore upon the
10 occasion of being named the Mount Vernon Boys &
11 Girls Club 2013 Youth of the Year.
12 ACTING PRESIDENT SAVINO: Senator
13 Hassell-Thompson.
14 SENATOR HASSELL-THOMPSON: Thank
15 you, Madam President.
16 I would like to congratulate Isaiah
17 Moore for being named the Mount Vernon Boys &
18 Girls Club 2013 as well as the 2012 Youth of the
19 Year.
20 Being named Youth of the Year is the
21 highest honor that a boy or a girl from the
22 Boys & Girls Club could ever receive. This
23 nomination recognizes contributions to a member's
24 family, school, community and Boys & Girls Club
25 as well as overcoming personal challenges and
2431
1 obstacles.
2 Isaiah has been a member of the
3 Boys & Girls Club of Mount Vernon for 11 years,
4 joining when he was just six. Isaiah was born
5 with spina bifida and is paralyzed from the legs
6 down, but has never allowed this to stop him from
7 achieving the goals he sets for himself. Isaiah
8 participates in many of the Boys & Girls Club's
9 programming, including Passport to Manhood, which
10 is a prevention program for preteen and teen
11 boys; Social Recreation game room activities,
12 which promotes sportsmanship; Power Hour, which
13 is a homework-assistance program; Project Learn,
14 an educational philosophy; and Smart Moves, which
15 is also another prevention program for preteens;
16 and Triple Play, a fitness program emphasizing
17 body, mind, spirit and soul.
18 As he has gotten older, Isaiah has
19 taken on a leadership role. He has volunteered
20 at the club for more than 1200 hours in each of
21 the past two years and is currently the head
22 coach and mentor of the children-under-13
23 basketball team. Isaiah also volunteers by
24 helping to feed senior citizens through a program
25 run through his church, Emmanual Pentecostal
2432
1 Faith Temple.
2 Isaiah is currently a senior at
3 Nellie Thornton High School and in the fall he
4 has been accepted at the University of Missouri,
5 where he will be a member of its wheelchair
6 basketball team.
7 Isaiah is an inspiration and a
8 wonderful role model for our youth. And I know
9 he will always remember the great impact that
10 Boys & Girls Club of Mount Vernon has meant to
11 him and his life.
12 Thank you, Madam President.
13 ACTING PRESIDENT SAVINO: Thank
14 you, Senator Hassell-Thompson.
15 Are there any other Senators wishing
16 to be heard on the resolution?
17 Seeing none, the question is on the
18 resolution. All those in favor signify by saying
19 aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT SAVINO: Opposed,
22 nay.
23 (No response.)
24 ACTING PRESIDENT SAVINO: The
25 resolution is adopted.
2433
1 Senator Libous.
2 SENATOR LIBOUS: Thank you,
3 Madam President.
4 I'd like to take up a previously
5 adopted resolution, Number 1333, by
6 Senator Breslin. If you would read it in its
7 entirety, and then I believe Senator Breslin
8 would like to speak on it.
9 ACTING PRESIDENT SAVINO: The
10 Secretary will read.
11 THE SECRETARY: Legislative
12 Resolution Number 1333, by Senator Breslin,
13 commemorating the 200th Anniversary of the
14 Watervliet Arsenal.
15 "WHEREAS, It is the sense of this
16 Legislative Body to observe significant events
17 which represent turning points in our unique
18 history and which are indelibly etched in the
19 saga of our great nation; and
20 "WHEREAS, Attendant to such concern,
21 and in full accord with its long-standing
22 traditions, this Legislative Body is justly proud
23 to commemorate the 200th Anniversary of the
24 Watervliet Arsenal on Friday, May 10, 2013, at
25 the Watervliet Cultural Center in Watervliet,
2434
1 New York; and
2 "WHEREAS, The Watervliet Arsenal is
3 an arsenal of the United States Army located in
4 Watervliet, New York. It is the oldest
5 continuously active arsenal in the United States,
6 and today produces much of the artillery for the
7 Army as well as gun tubes for cannons, mortars,
8 and tanks; and
9 "WHEREAS, Becoming a National
10 Historic Landmark in 1966, the arsenal was
11 founded in 1813 to support the War of 1812; it
12 was designated as the Watervliet Arsenal in 1817;
13 and
14 "WHEREAS, The Watervliet Arsenal is
15 occupied on 142 acres of land. The site contains
16 manufacturing, administrative offices, storage
17 areas, and a museum tracing weaponry from the
18 17th century through modern times; and
19 "WHEREAS, In addition, the
20 Watervliet Arsenal contains the Army's
21 Benet Laboratories, which performs product
22 development, improvement, research, and testing.
23 It bears the historic Iron Building which
24 currently serves as the Watervliet Arsenal
25 Museum; and
2435
1 "WHEREAS, It is the sense of this
2 Legislative Body that when organizations of such
3 noble aims and accomplishments are brought to our
4 attention, they should be celebrated and
5 recognized by all the citizens of this great
6 Empire State; now, therefore, be it
7 "RESOLVED, That this Legislative
8 Body pause in its deliberations to commemorate
9 the 200th Anniversary of the Watervliet Arsenal;
10 and be it further
11 "RESOLVED, That a copy of this
12 resolution, suitably engrossed, be transmitted to
13 the Watervliet Arsenal."
14 ACTING PRESIDENT SAVINO: Senator
15 Breslin.
16 SENATOR BRESLIN: Thank you,
17 Madam President.
18 It is only fitting on this day of
19 the veteran that we celebrate a tremendous
20 milestone countrywide, the Watervliet Arsenal
21 celebrating its 200th anniversary. Two hundred
22 years of continuous arsenal service, the longest
23 of any arsenal in the United States.
24 It started those 200 years ago to
25 service our War of 1812 and manufactured
2436
1 ammunition for that war, successfully. And it's
2 gone on over the years to produce tremendous
3 parts of war -- ammunition, tubing, cannons, and
4 on and on and on. And it also over the years has
5 developed the Benet Laboratories, which is a
6 tremendous research center that services the
7 Army.
8 It's located in Albany County on
9 142 acres, very accessible from here in the
10 Capitol. But it quietly goes about its business
11 day in, day out, to protect us. And it's the
12 major manufacturer of ammunition that supplies
13 our Army.
14 And we're blessed to have
15 Colonel Mark Migaleddi in the gallery, who spoke
16 earlier today in honor of Veterans Day. He's
17 been our commander at the Watervliet Arsenal for
18 the last three years, very close to the end of a
19 tremendous, tremendous three years that has seen
20 wonderful things happen at the arsenal.
21 So I salute you, Colonel, for all
22 that you have done. I salute the Watervliet
23 Arsenal. And I have a great expectation that for
24 the next 200 years the Watervliet Arsenal will
25 continue to serve. Thank you, Colonel.
2437
1 And thank you, Madam President.
2 ACTING PRESIDENT SAVINO: Thank
3 you, Senator Breslin.
4 Are there any other members wishing
5 to speak on this resolution?
6 Seeing none, this resolution was
7 previously adopted on April 23rd.
8 Senator Libous.
9 SENATOR LIBOUS: Thank you,
10 Madam President.
11 Can we take up Resolution Number
12 1912, by Senator Peralta. At this time we only
13 need to read the title only and then move for its
14 adoption.
15 ACTING PRESIDENT SAVINO: The
16 Secretary will read.
17 THE SECRETARY: Legislative
18 Resolution Number 1912, welcoming the students
19 and faculty of the Lexington School for the
20 Deaf/Center for the Deaf as they visit Albany,
21 New York, on May 21, 2013.
22 ACTING PRESIDENT SAVINO: The
23 question is on the resolution. All those in
24 favor signify by saying aye.
25 (Response of "Aye.")
2438
1 ACTING PRESIDENT SAVINO: Opposed,
2 nay.
3 (No response.)
4 ACTING PRESIDENT SAVINO: The
5 resolution is adopted.
6 Senator Libous.
7 SENATOR LIBOUS: Madam President,
8 Senator Peralta would like to open up the
9 resolution for cosponsorship. If anyone chooses
10 not to be on the resolution, they should let the
11 desk know.
12 ACTING PRESIDENT SAVINO:
13 Resolution Number 1912 is open for
14 cosponsorship. All members will be on the
15 resolution unless they let the desk know
16 otherwise.
17 Senator Libous.
18 SENATOR LIBOUS: Madam President,
19 I'm about to call a Rules Committee meeting.
20 But first I'd like to welcome to the
21 chamber one of our former colleagues, Senator
22 Suzi Oppenheimer.
23 ACTING PRESIDENT SAVINO: Welcome,
24 Senator Oppenheimer.
25 (Applause.)
2439
1 ACTING PRESIDENT SAVINO: Senator
2 Libous.
3 SENATOR LIBOUS: There will be an
4 immediate meeting of the Rules Committee in
5 Room 332.
6 And the Senate will stand at ease
7 pending the conclusion of the Rules Committee
8 meeting.
9 ACTING PRESIDENT SAVINO: There
10 will be an immediate meeting of the
11 Rules Committee in Room 332.
12 The Senate will stand at ease
13 pending the return of the Rules Committee.
14 (Whereupon, the Senate stood at ease
15 at 5:11 p.m.)
16 (Whereupon, the Senate reconvened at
17 5:38 p.m.)
18 ACTING PRESIDENT SAVINO: The
19 Senate will come to order.
20 Senator Libous.
21 SENATOR LIBOUS: Madam President, I
22 believe there's a report of the Rules Committee
23 at the desk. I ask that it be read at this time.
24 ACTING PRESIDENT SAVINO: Senator
25 Libous, there is a report of the Rules Committee
2440
1 at the desk.
2 The Secretary will read.
3 THE SECRETARY: Senator Skelos,
4 from the Committee on Rules, reports the
5 following bills:
6 Senate Print 323, by Senator Avella,
7 an act to amend the Correction Law;
8 Senate 339, by Senator DeFrancisco,
9 an act to amend the Navigation Law;
10 Senate 371, by Senator Kennedy, an
11 act to amend the Penal Law;
12 Senate 373, by Senator Kennedy, an
13 act to amend the Penal Law;
14 Senate 410, by Senator Dilan, an act
15 to amend the General Municipal Law;
16 Senate 698, by Senator Grisanti, an
17 act to amend the Labor Law;
18 Senate 910, by Senator Parker, an
19 act to amend the Mental Hygiene Law;
20 Senate 966, by Senator Libous, an
21 act to amend the Social Services Law;
22 Senate 1064, by Senator Maziarz, an
23 act to amend the Vehicle and Traffic Law;
24 Senate 1174, by Senator Robach, an
25 act to amend the Domestic Relations Law;
2441
1 Senate 1452, by Senator Flanagan, an
2 act to amend the Correction Law;
3 Senate 1703, by Senator Grisanti, an
4 act to amend the Education Law;
5 Senate 1862, by Senator Ranzenhofer,
6 an act to amend the Elder Law;
7 Senate 1894, by Senator Nozzolio, an
8 act to amend the Correction Law;
9 Senate 2017, by Senator Skelos, an
10 act to amend the Correction Law;
11 Senate 2060, by Senator Latimer, an
12 act in relation to authorizing;
13 Senate 2108, by Senator Golden, an
14 act to amend the Executive Law;
15 Senate 2169, by Senator Golden, an
16 act to amend the Real Property Tax Law;
17 Senate 2584, by Senator Ball, an act
18 to amend the Alcoholic Beverage Control Law;
19 Senate 2619, by Senator Young, an
20 act to amend the General Municipal Law;
21 Senate 2687, by Senator Young, an
22 act to amend the Education Law;
23 Senate 3406, by Senator Latimer, an
24 act to amend the Tax Law;
25 Senate 3490, by Senator Espaillat,
2442
1 an act to amend the Penal Law;
2 Senate 3740, by Senator Addabbo, an
3 act to amend the Penal Law;
4 Senate 3967A, by Senator Addabbo, an
5 act to amend the Penal Law;
6 Senate 4001, by Senator Libous, an
7 act to authorize;
8 Senate 4065, by Senator Martins,
9 Concurrent Resolution of the Senate and Assembly;
10 Senate 4113, by Senator Golden, an
11 act to amend the Social Services Law;
12 Senate 4249, by Senator Golden, an
13 act to amend the Labor Law;
14 Senate 4331, by Senator Young, an
15 act to amend the Agriculture and Markets Law;
16 Senate 4341, by Senator Gallivan, an
17 act to amend the Executive Law;
18 Senate 4343, by Senator Gallivan, an
19 act to amend the Correction Law;
20 Senate 5067, by Senator Avella, an
21 act to amend the Environmental Conservation Law;
22 And Senate 5169, by Senator Bonacic,
23 an act to amend the Racing, Pari-Mutuel Wagering
24 and Breeding Law.
25 All bills ordered direct to third
2443
1 reading.
2 SENATOR LIBOUS: Madam President, I
3 move we accept the report of the Rules Committee.
4 ACTING PRESIDENT SAVINO: All those
5 in favor of accepting the report of the
6 Rules Committee please signify by saying aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT SAVINO: Opposed,
9 nay.
10 (No response.)
11 ACTING PRESIDENT SAVINO: The Rules
12 Committee report has been accepted.
13 Senator Libous.
14 SENATOR LIBOUS: Madam President,
15 before we go to the noncontroversial calendar, I
16 want to welcome former Senator Craig Johnson and
17 former Senator Robert DiCarlo, who are in the
18 chamber.
19 ACTING PRESIDENT SAVINO: Welcome.
20 (Applause.)
21 ACTING PRESIDENT SAVINO: Senator
22 Libous.
23 SENATOR LIBOUS: Madam President,
24 at this time we want to take up the
25 noncontroversial reading of the calendar, please.
2444
1 ACTING PRESIDENT SAVINO: The
2 Secretary will read the noncontroversial
3 calendar.
4 THE SECRETARY: Calendar Number
5 203, by Senator Maziarz, Senate Print 3457, an
6 act to amend the Correction Law.
7 ACTING PRESIDENT SAVINO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT SAVINO: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT SAVINO: Announce
15 the results.
16 THE SECRETARY: Ayes, 60. Nays,
17 1. Senator Hassell-Thompson recorded in the
18 negative.
19 ACTING PRESIDENT SAVINO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 424, by Senator Lanza, Senate Print 2474, an act
23 to amend the New York City Health and Hospitals
24 Corporation Act.
25 ACTING PRESIDENT SAVINO: Read the
2445
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT SAVINO: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT SAVINO: Announce
8 the results.
9 THE SECRETARY: Ayes, 61. Nays,
10 1. Senator Ball recorded in the negative.
11 ACTING PRESIDENT SAVINO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 502, by Senator Ritchie, Senate Print 1951, an
15 act to amend the Vehicle and Traffic Law.
16 ACTING PRESIDENT SAVINO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT SAVINO: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT SAVINO: Announce
24 the results.
25 THE SECRETARY: Ayes, 61. Nays,
2446
1 1. Senator Espaillat recorded in the negative.
2 ACTING PRESIDENT SAVINO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 507, by Senator Ranzenhofer, Senate Print 3550B,
6 an act to amend the Highway Law.
7 ACTING PRESIDENT SAVINO: Senator
8 Ranzenhofer on the bill.
9 SENATOR RANZENHOFER: Thank you,
10 Madam President.
11 I was debating whether or not to
12 stand up before when we were talking about the
13 Veterans Hall of Fame memorial resolution. I
14 thought it more often to make my remarks at this
15 point as we designate a portion of the state
16 highway in Erie County -- actually in the Town of
17 Amherst -- as the Staff Sergeant William R.
18 Wilson III Memorial Highway.
19 With us today in the chamber are
20 William Wilson's parents, William and Kimberly,
21 who are sitting here on the floor; his
22 grandmother, Sonia Wilson; Judy Rudes, Dawn and
23 Robert Masterorilli, and Carolyn Gressick, who
24 have traveled from Erie County to be with us here
25 today.
2447
1 Staff Sergeant William R. "Billy"
2 Wilson III was inducted into the New York State
3 Senate Veterans Hall of Fame earlier this
4 morning. He was honored posthumously.
5 Staff Sergeant Wilson served as a
6 squad leader for the Second Platoon of the
7 172nd Separate Infantry Brigade that was
8 headquartered in Germany. Known as Billy to many
9 of his family and friends, he grew up in
10 Getzville, New York, and went to Williamsville
11 North High School.
12 Wilson served on two combat
13 deployments to Iraq as part of Operation Iraqi
14 Freedom, and one tour of duty during Operation
15 Enduring Freedom in Afghanistan.
16 And while in Afghanistan, he was
17 training Afghan soldiers and police to take over
18 the country's security when he was unfortunately
19 killed while in Paktika Province in the eastern
20 part of Afghanistan a little bit over a year ago,
21 on March 26, 2012. He was 27 at that time.
22 He's been posthumously awarded the
23 Bronze Star, the Purple Heart. He also received
24 the National Defense Service Medal, the Iraq
25 Campaign Medal and the Afghanistan Campaign
2448
1 Medal, as well as the Army Service Ribbon and
2 Overseas Service Ribbon.
3 Staff Sergeant Wilson is a true
4 American hero. He made the ultimate sacrifice.
5 And it's due to his service for us on behalf of
6 this country that it's very fitting that the
7 Senate today pass this bill which will name
8 Route 990 -- it's a highway in the Town of
9 Amherst -- after him in his honor for his
10 heroism, for his service, and for his bravery.
11 And with that, again, I'm going to
12 be voting yes on this bill which will designate
13 this highway in his honor.
14 Thank you, Madam President.
15 ACTING PRESIDENT SAVINO: Senator
16 Ranzenhofer will be recorded in the affirmative.
17 Senator Libous.
18 SENATOR LIBOUS: Before we pass the
19 bill, I believe his parents are here. Would they
20 please stand.
21 (Extended standing ovation.)
22 ACTING PRESIDENT SAVINO: The
23 Secretary will read the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
2449
1 ACTING PRESIDENT SAVINO: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT SAVINO: Announce
5 the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT SAVINO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 533, by Senator Robach, Senate Print 1977, an act
11 to amend the Social Services Law.
12 ACTING PRESIDENT SAVINO: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT SAVINO: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT SAVINO: Announce
20 the results.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT SAVINO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 534, by Senator Ball, Senate Print 3507A, an act
2450
1 to amend the Domestic Relations Law.
2 ACTING PRESIDENT SAVINO: Read the
3 last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect immediately.
6 ACTING PRESIDENT SAVINO: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT SAVINO: Announce
10 the results.
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT SAVINO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 552, substituted earlier by Member of the
16 Assembly Dinowitz, Assembly Print 433, an act to
17 amend the Public Health Law.
18 ACTING PRESIDENT SAVINO: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 30th day.
22 ACTING PRESIDENT SAVINO: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT SAVINO: Announce
2451
1 the results.
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT SAVINO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 561, by Senator Grisanti, Senate Print 287, an
7 act to amend the Environmental Conservation Law.
8 ACTING PRESIDENT SAVINO: Read the
9 last section.
10 THE SECRETARY: Section 6. This
11 act shall take effect on the first of January.
12 ACTING PRESIDENT SAVINO: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT SAVINO: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar Number 561, those recorded in the
19 negative are Senators Espaillat, Gipson, Krueger,
20 Perkins, Sanders, Serrano and Stavisky.
21 Ayes, 55. Nays, 7.
22 ACTING PRESIDENT SAVINO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 563, by Senator LaValle, Senate Print 2178A, an
2452
1 act to amend the Environmental Conservation Law.
2 ACTING PRESIDENT SAVINO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT SAVINO: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT SAVINO: Announce
10 the results.
11 THE SECRETARY: Ayes, 61. Nays,
12 1. Senator Gipson recorded in the negative.
13 ACTING PRESIDENT SAVINO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 569, by Senator Flanagan, Senate Print 1192, an
17 act to amend the General Municipal Law.
18 ACTING PRESIDENT SAVINO: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT SAVINO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 61. Nays, 1.
2453
1 Senator Diaz recorded in the negative.
2 ACTING PRESIDENT SAVINO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 570, by Senator Klein, Senate Print 2440, an act
6 to amend the General Municipal Law.
7 ACTING PRESIDENT SAVINO: Read the
8 last section.
9 THE SECRETARY: Section 22. This
10 act shall take effect on the first of January.
11 ACTING PRESIDENT SAVINO: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT SAVINO: Announce
15 the results.
16 Members, please take note that we
17 are on Calendar Number 570. Those who wish to be
18 recorded in the negative, please raise your hands
19 for the desk to see.
20 Announce the results.
21 THE SECRETARY: In relation to
22 Calendar Number 570, those recorded in the
23 negative are Senators Diaz and Sanders.
24 Ayes, 60. Nays, 2.
25 ACTING PRESIDENT SAVINO: The bill
2454
1 is passed.
2 THE SECRETARY: Calendar Number
3 571, by Senator Valesky, Senate Print 4021, an
4 act to amend Chapter 335 of the Laws of 2005.
5 ACTING PRESIDENT SAVINO: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT SAVINO: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT SAVINO: Announce
13 the results.
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT SAVINO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 573, by Senator Maziarz, Senate Print 1122, an
19 act to amend the Public Officers Law.
20 ACTING PRESIDENT SAVINO: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT SAVINO: Call the
25 roll.
2455
1 (The Secretary called the roll.)
2 ACTING PRESIDENT SAVINO: Announce
3 the results.
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT SAVINO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 585, substituted earlier by Member of the
9 Assembly Kolb, Assembly Print 4665A, an act to
10 amend the County Law.
11 ACTING PRESIDENT SAVINO: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT SAVINO: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT SAVINO: Announce
19 the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT SAVINO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 590, by Senator Young, Senate Print 4579, an act
25 to amend the Town Law.
2456
1 ACTING PRESIDENT SAVINO: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT SAVINO: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT SAVINO: Announce
9 the results.
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT SAVINO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 591, by Senator Carlucci, Senate Print 4633, an
15 act to authorize.
16 ACTING PRESIDENT SAVINO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT SAVINO: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT SAVINO: Announce
24 the results.
25 THE SECRETARY: Ayes, 62.
2457
1 ACTING PRESIDENT SAVINO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 592, by Senator Larkin, Senate Print 4647, an act
5 to authorize.
6 ACTING PRESIDENT SAVINO: Read the
7 last section.
8 THE SECRETARY: Section 6. This
9 act shall take effect immediately.
10 ACTING PRESIDENT SAVINO: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT SAVINO: Announce
14 the results.
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT SAVINO: The bill
17 is passed.
18 Senator Libous, that completes the
19 reading of the noncontroversial calendar.
20 SENATOR LIBOUS: Thank you,
21 Madam President.
22 At this time I believe members have
23 a supplemental active list on their desks, and
24 I'd like to go through the noncontroversial
25 reading of that supplemental active list.
2458
1 ACTING PRESIDENT SAVINO: The
2 Secretary will read the supplemental active list,
3 noncontroversial.
4 THE SECRETARY: Calendar Number
5 249, by Senator Squadron, Senate Print 3644A, an
6 act to amend the Vehicle and Traffic Law.
7 ACTING PRESIDENT SAVINO: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the 90th day.
11 ACTING PRESIDENT SAVINO: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT SAVINO: Announce
15 the results.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT SAVINO: The bill
18 is passed.
19 THE SECRETARY: In relation to
20 Calendar Number 249: Ayes, 61. Nays, 1.
21 Senator Diaz recorded in the negative.
22 ACTING PRESIDENT SAVINO: The bill
23 is still passed.
24 THE SECRETARY: Calendar Number
25 435, by Senator Squadron, Senate Print 226, an
2459
1 act to amend the Private Housing Finance Law.
2 SENATOR GIANARIS: Lay it aside for
3 the day.
4 ACTING PRESIDENT SAVINO: The bill
5 is laid aside for the day.
6 Senator Libous, that completes the
7 noncontroversial reading of the supplemental
8 active list.
9 SENATOR LIBOUS: Thank you,
10 Madam President.
11 Is there at this time any further
12 business at the desk?
13 ACTING PRESIDENT SAVINO: Senator
14 Libous, there is no further business at the desk.
15 SENATOR LIBOUS: If there's no
16 further business, I move that the Senate stand
17 adjourned until Wednesday, the 22nd of May, at
18 3:00 p.m.
19 ACTING PRESIDENT SAVINO: There
20 being no further business at the desk, the Senate
21 stands adjourned until Wednesday, May 22nd, at
22 3:00 p.m.
23 (Whereupon, at 5:53 p.m., the Senate
24 adjourned.)
25