Regular Session - May 14, 2014
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1 NEW YORK STATE SENATE
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4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 May 14, 2014
11 10:16 a.m.
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14 REGULAR SESSION
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18 SENATOR TONY AVELLA, Acting President
19 FRANCIS W. PATIENCE, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT AVELLA: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT AVELLA: In the
10 absence of clergy, may we please bow our heads
11 in a moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT AVELLA: Reading
15 of the Journal.
16 THE SECRETARY: In Senate,
17 Tuesday, May 13th, the Senate met pursuant to
18 adjournment. The Journal of Monday, May 12th,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT AVELLA: Without
22 objection, the Journal stands approved as read.
23 Presentation of petitions.
24 Messages from the Assembly.
25 The Secretary will read.
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1 THE SECRETARY: On page 9,
2 Senator Bonacic moves to discharge, from the
3 Committee on Racing, Gaming and Wagering,
4 Assembly Bill Number 7617A and substitute it for
5 the identical Senate Bill Number 5330B, Third
6 Reading Calendar 92.
7 And on page 12, Senator O'Mara moves
8 to discharge, from the Committee on Elections,
9 Assembly Bill Number 412 and substitute it for
10 the identical Senate Bill Number 4671, Third
11 Reading Calendar 155.
12 ACTING PRESIDENT AVELLA:
13 Substitutions so ordered.
14 Messages from the Governor.
15 Reports of standing committees.
16 Reports of select committees.
17 Communications and reports from
18 state officers.
19 Motions and resolutions.
20 Senator Libous.
21 SENATOR LIBOUS: Thank you,
22 Mr. President.
23 I have a couple of motions. On
24 behalf of Senator Lanza, on page 46 I offer the
25 following amendments to Calendar Number 515,
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1 Senate Print 6623, and ask that said bill retain
2 its place on the Third Reading Calendar.
3 ACTING PRESIDENT AVELLA: The
4 amendments are received, and the bill will retain
5 its place on the Third Reading Calendar.
6 Senator Libous.
7 SENATOR LIBOUS: Thank you.
8 And, Mr. President, on behalf of
9 Senator Gallivan, I move that the following bill
10 be discharged from its respective committee and
11 be recommitted with instructions to strike the
12 enacting clause. And that would be Senate Print
13 7011.
14 ACTING PRESIDENT AVELLA: So
15 ordered.
16 SENATOR LIBOUS: And I believe at
17 this time if you could call on Senator Valesky,
18 and then come back to me.
19 ACTING PRESIDENT AVELLA: Senator
20 Valesky.
21 SENATOR VALESKY: Thank you,
22 Mr. President.
23 On behalf of Senator Carlucci, on
24 page 35 I offer the following amendments to
25 Calendar 323, Senate Print 3553, and ask that
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1 said bill retain its place on the Third Reading
2 Calendar.
3 ACTING PRESIDENT AVELLA: The
4 amendments are received, and the bill will retain
5 its place on the Third Reading Calendar.
6 Senator Libous.
7 SENATOR LIBOUS: Thank you,
8 Mr. President.
9 At this time could you please call
10 on Senator Griffo for a very inspiring and
11 exciting announcement.
12 ACTING PRESIDENT AVELLA: Senator
13 Griffo.
14 SENATOR GRIFFO: Thank you, Senator
15 Libous. And thank you, Mr. President.
16 Today I have with me a special
17 guest. About a year ago, I had a chance to read
18 about this individual and to watch him compete in
19 our area, which is something that is very
20 significant.
21 It's an event that attracts
22 thousands of people. It's the Utica Boilermaker.
23 It's a 15K road race. It's a renowned road race
24 which takes place each year. It's recognized
25 nationally as one of the most outstanding
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1 15K races in the nation.
2 This young man, Jason Robinson,
3 participated in that race. He was born with
4 spina bifida. But at the age of 10, he became
5 the youngest ever to compete in the 15K
6 Boilermaker. And he completed that race in an
7 hour and 13 minutes. Quite an impressive
8 accomplishment in the wheelchair division of the
9 Boilermaker, with all these other individuals
10 that come from across the country to compete in
11 this race.
12 So I was quite impressed with that
13 story, and then I had an opportunity to meet this
14 young man and his family. I took the opportunity
15 to extend him an invitation to come to Albany.
16 Now, most people I do that to don't come.
17 (Laughter.)
18 SENATOR GRIFFO: But Jason decided
19 to take me up on that, and I'm glad that he and
20 his family are able to join me today.
21 So I would like to acknowledge today
22 here in the chamber someone who -- not only for
23 his inspiration and his courage despite the
24 challenges that he has had to face and endure in
25 his 11 years here on earth, with the support of
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1 his family. He's truly inspiring.
2 He's truly somebody who has now put
3 together an effort to raise money for others who
4 suffer any type of disability and who want to
5 know they can lead productive lives and do what
6 they would like to do and participate in those
7 activities if they have the heart, the desire,
8 and the support.
9 And I know he has that. So I want
10 to welcome Jason here today. I want to welcome
11 his mom and dad, Jamie and Erin; his sister,
12 Arianna; his principal, Eric Coriale; and the
13 superintendent of schools at the Westmoreland
14 Central School District -- all who are very
15 supportive of Jason and his family -- Rocco
16 Migliori.
17 So Jason, thank you for coming here
18 today. I appreciate that. And you truly are our
19 hero, and we're inspired by your courage. And
20 continue to do good things. And we're going to
21 keep watching you, okay?
22 Thank you. Thank you all.
23 Thank you, Mr. President.
24 (Standing ovation.)
25 ACTING PRESIDENT AVELLA: Jason, on
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1 behalf of the Senate, we welcome you here, and
2 you're an inspiration to all of us. Best wishes
3 to you and your family.
4 Senator Libous.
5 SENATOR LIBOUS: Thank you,
6 Mr. President.
7 At this time I think we want to take
8 up the reading of the calendar, noncontroversial,
9 please.
10 ACTING PRESIDENT AVELLA: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number 45,
13 by Senator Martins, Senate Print 6210, an act to
14 authorize.
15 ACTING PRESIDENT AVELLA: Read the
16 last section.
17 SENATOR LIBOUS: Lay the bill aside
18 for the day.
19 ACTING PRESIDENT AVELLA: The bill
20 is laid aside for the day.
21 THE SECRETARY: Calendar Number 92,
22 substituted earlier by Member of the Assembly
23 Pretlow, Assembly Print 7617A, an act to amend
24 the Racing, Pari-Mutuel Wagering and Breeding
25 Law.
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1 ACTING PRESIDENT AVELLA: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT AVELLA: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT AVELLA: Announce
9 the result.
10 THE SECRETARY: Ayes, 53.
11 ACTING PRESIDENT AVELLA: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 154, by Senator Martins, Senate Print 3705, an
15 act to amend Chapter 3 of the Laws of 2011.
16 ACTING PRESIDENT AVELLA: Read the
17 last section.
18 THE SECRETARY: Section 5. This
19 act shall take effect immediately.
20 ACTING PRESIDENT AVELLA: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT AVELLA: Announce
24 the result.
25 THE SECRETARY: Ayes, 51. Nays, 2.
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1 Senators Squadron and Tkaczyk recorded in the
2 negative.
3 ACTING PRESIDENT AVELLA: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 155, substituted earlier by Member of the
7 Assembly Paulin, Assembly Print 412, an act to
8 amend the Election Law.
9 ACTING PRESIDENT AVELLA: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the first of December.
13 ACTING PRESIDENT AVELLA: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT AVELLA: Announce
17 the result.
18 THE SECRETARY: Ayes, 53.
19 ACTING PRESIDENT AVELLA: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 224, by Senator Grisanti, Senate Print 6461, an
23 act to amend the Local Finance Law.
24 ACTING PRESIDENT AVELLA: There is
25 a home-rule message at the desk.
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1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT AVELLA: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT AVELLA: Announce
8 the result.
9 THE SECRETARY: Ayes, 52. Nays, 1.
10 Senator Ball recorded in the negative.
11 ACTING PRESIDENT AVELLA: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 459, by Senator Squadron, Senate Print 218, an
15 act to amend the Penal Law.
16 ACTING PRESIDENT AVELLA: Read the
17 last section.
18 THE SECRETARY: Section 11. This
19 act shall take effect immediately.
20 ACTING PRESIDENT AVELLA: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT AVELLA: Announce
24 the result.
25 THE SECRETARY: Ayes, 53.
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1 ACTING PRESIDENT AVELLA: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 547, by Senator Savino, Senate Print 6964, an act
5 to authorize.
6 SENATOR GIANARIS: Lay it aside.
7 SENATOR VALESKY: Lay it aside for
8 the day.
9 ACTING PRESIDENT AVELLA: The bill
10 is laid aside for the day.
11 Senator Libous, that completes the
12 noncontroversial reading of the calendar.
13 SENATOR LIBOUS: Mr. President,
14 that was quite efficient.
15 Is there any further business at the
16 desk?
17 ACTING PRESIDENT AVELLA: There is
18 no further business at the desk.
19 SENATOR LIBOUS: There being no
20 further business at the desk, I move that the
21 Senate adjourn until Monday, May 19th, at
22 3:00 p.m., intervening days being legislative
23 days.
24 ACTING PRESIDENT AVELLA: On
25 motion, the Senate stands adjourned until Monday,
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1 May 19th, at 3:00 p.m., intervening days being
2 legislative days.
3 (Whereupon, at 10:24 a.m., the
4 Senate adjourned.)
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