Regular Session - April 13, 2010
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 13, 2010
11 3:49 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR TOBY ANN STAVISKY, Acting President
19 ANGELO J. APONTE, Secretary
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21
22
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT STAVISKY: The
3 Senate will please come to order.
4 I ask everyone to rise and recite
5 with me the Pledge of Allegiance to the Flag.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT STAVISKY: In
9 the absence of clergy, may we all bow our
10 heads in a moment of silence.
11 (Whereupon, the assemblage
12 respected a moment of silence.)
13 ACTING PRESIDENT STAVISKY: The
14 reading of the Journal.
15 The Secretary will read.
16 THE SECRETARY: In Senate,
17 Monday, April 12, the Senate met pursuant to
18 adjournment. The Journal of Sunday, April 11,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT STAVISKY:
22 Without objection, the Journal stands approved
23 as read.
24 Presentation of petitions.
25 Messages from the Assembly.
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1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Klein.
8 SENATOR KLEIN: Madam President,
9 at this time I move we pass the Resolution
10 Calendar in its entirety, with the exception
11 of Senate Resolutions 4602, 4601, 4642 and
12 4604.
13 ACTING PRESIDENT STAVISKY: All
14 those in favor of adopting the Resolution
15 Calendar in its entirety, with the exception
16 of Senate Resolutions 4602, 4601, 4642 and
17 4604, please signify by saying aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT STAVISKY:
20 Opposed, nay.
21 (No response.)
22 ACTING PRESIDENT STAVISKY: The
23 Resolution Calendar is adopted.
24 Senator Klein.
25 SENATOR KLEIN: Madam President,
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1 at this time can we take up Senate Resolution
2 4601, by Senator Farley. I ask that the
3 resolution be read in its entirety and move
4 for its immediate adoption.
5 ACTING PRESIDENT STAVISKY: The
6 Secretary will read.
7 THE SECRETARY: Legislative
8 Resolution 4601, by Senator Farley,
9 commemorating the 190th Anniversary of the
10 Town of Rotterdam, to be celebrated on
11 April 14, 2010.
12 "WHEREAS, The State of New York
13 takes great pride in acknowledging significant
14 milestones in the distinguished histories of
15 its esteemed municipalities; and
16 "WHEREAS, The Town of Rotterdam
17 will celebrate its 190th Anniversary on
18 April 14, 2010; and
19 "WHEREAS, The area that is now the
20 Town of Rotterdam was settled in the early
21 1660s, predominantly by the Dutch; and
22 "WHEREAS, In 1819, residents of
23 Schenectady began discussing settling off its
24 Third and Fourth Wards into a separate town.
25 A petition was presented to the state
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1 Legislature on December 31, 1819; and
2 "WHEREAS, On April 14, 1820, the
3 New York State Legislature adopted a law
4 establishing the Town of Rotterdam; and
5 "WHEREAS, The town was named after
6 the Town of Rotterdam in the Netherlands; and
7 "WHEREAS, Rotterdam enjoyed a
8 thriving broom corn industry in the late
9 1800s; and
10 "WHEREAS, the Erie Canal and the
11 addition of railroads in Rotterdam led to the
12 creation of several hamlets, including
13 Rotterdam Junction, South Schenectady, and
14 Pattersonville; and
15 "WHEREAS, Rotterdam is now the
16 proud home of hundreds of agricultural,
17 industrial, and commercial businesses; and
18 "WHEREAS, The Town of Rotterdam has
19 seen a steady increase in population and now
20 has more than 28,000 residents; and
21 "WHEREAS, the State of New York is
22 pleased to recognize this significant
23 milestone in Rotterdam's distinguished
24 history; now, therefore, be it
25 "RESOLVED, That this Legislative
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1 Body pause in its deliberations to commemorate
2 the 190th Anniversary of the Town of
3 Rotterdam, to be celebrated on April 14, 2010;
4 and be it further
5 "RESOLVED, That copies of this
6 resolution, suitably engrossed, be transmitted
7 to Town Supervisor Francis Del Gallo, and the
8 board members of the Town of Rotterdam."
9 ACTING PRESIDENT STAVISKY:
10 Senator Farley.
11 SENATOR FARLEY: Thank you very
12 much, Madam Chair.
13 And also, Senator Klein, thank you
14 for the courtesy of recognizing this
15 incredible milestone.
16 We're talking about a community
17 right nearby here. It's really the second
18 stop on the Thruway as you go west.
19 1660 -- that is 190 years before we
20 were even a country. And this is their
21 anniversary, and we're very proud to have with
22 us here almost the entire town fathers and
23 mothers. And they're located right up here in
24 the gallery. And I'd like to introduce them,
25 if I may.
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1 Francis (Frank) Del Gallo, the town
2 supervisor; Robert Godlewski, the deputy
3 supervisor; Gerard Parisi, town board member;
4 Judy D'Agostino, Schenectady County
5 legislator, who served here in the Senate with
6 Senator Cook for many, many years; Anthony
7 (Tony) Jasenski, Schenectady County
8 legislator; Angelo Santabarbara, Schenectady
9 County legislator; Holly Vellano, Schenectady
10 County legislator; and also Michael Godlewski,
11 the assistant town attorney.
12 We're honored to have you in our
13 chamber, and we're very pleased to have the
14 Senate honor this magnificent community on its
15 190th birthday. Congratulations and best
16 wishes.
17 And, Madam President, I'd ask that
18 you give the town fathers and mothers here the
19 welcome of our chamber. Thank you.
20 ACTING PRESIDENT STAVISKY: Thank
21 you, Senator Farley.
22 And welcome to the people from
23 Rotterdam, and congratulations on your 190th
24 birthday.
25 And Senator Farley will be here in
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1 ten years to celebrate the 200th anniversary.
2 (Laughter.)
3 SENATOR FARLEY: Congratulations.
4 ACTING PRESIDENT STAVISKY: Are
5 there any other Senators who wish to be heard
6 on the resolution?
7 The question is on the resolution.
8 All those in favor please signify by saying
9 aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT STAVISKY:
12 Opposed, nay.
13 (No response.)
14 ACTING PRESIDENT STAVISKY: The
15 resolution is adopted.
16 Senator Klein.
17 SENATOR KLEIN: Madam President,
18 at this time can we take up Senate Resolution
19 Number 4642, by Senator McDonald. I ask that
20 the resolution be read in its entirety and
21 move for its immediate adoption.
22 ACTING PRESIDENT STAVISKY: The
23 Secretary will read.
24 THE SECRETARY: By Senator
25 McDonald, Senate Resolution 4642,
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1 congratulating the Averill Park High School
2 Girls Basketball Team and Coach Sean Organ
3 upon the occasion of capturing both the
4 New York State Public School Athletic
5 association Class A Championship and the
6 New York State Federation Class A
7 Championship.
8 "WHEREAS, It is the sense of this
9 Legislative Body to recognize and pay tribute
10 to those young people within the State of
11 New York who have inspired and brought pride
12 to their school and community by achieving
13 outstanding success in athletic competition;
14 and
15 "WHEREAS, Attendant to such
16 concern, and in full accord with its
17 long-standing traditions, this Legislative
18 Body is justly proud to honor the Averill Park
19 High School Girls Basketball Team and Coach
20 Sean Organ upon the occasion of capturing the
21 New York State Public School Athletic
22 association Class A Championship; and
23 "WHEREAS, The lady warriors won the
24 first girls basketball championship for
25 Averill Park High School when they beat
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1 Lakeland High School 53 to 46 on Saturday,
2 March 20, 2010, at Hudson Valley Community
3 College. In addition, they are the Suburban
4 Council Gold Division Champions, the Section
5 II Class A Champions, and the Regional Class A
6 Champions; and
7 "WHEREAS, The team also captured
8 the Class A New York State Federation
9 Championship by defeating St. Anthony's of
10 Melville 60 to 48 on March 27, 2010, at the
11 Glens Falls Civic Center; and
12 "WHEREAS, Ranked as the state's
13 number-one Class A team all season long, the
14 Lady warriors finished the year with a record
15 of 26 and 1. The victory over St. Anthony's
16 marked the first federation title for a
17 Section II team in nine years, and the first
18 ever Federation title, boys or girls, for
19 Averill Park High School; and
20 "WHEREAS, The athletic talent
21 displayed by this team is due in great part to
22 the efforts of Coach Sean Organ and his
23 assistants, skilled and inspirational tutors,
24 respected for their ability to develop
25 potential into excellence; and
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1 "WHEREAS, The team's overall record
2 is outstanding, and the team members were
3 loyally and enthusiastically supported by
4 family, fans, friends and the community at
5 large; and
6 "WHEREAS, The hallmarks of the
7 Averill Park High School Girls Basketball
8 Team, from the opening game of the season to
9 participation in the championship, were a
10 sisterhood of athletic ability, of good
11 sponsorship, of honor and of scholarship,
12 demonstrating that these team players are
13 second to none; and
14 "WHEREAS, Athletically and
15 academically, the team members have proven
16 themselves to be an unbeatable combination of
17 talents reflecting favorably on their school;
18 and
19 "WHEREAS, Coach Sean Organ has done
20 a superb job in guiding, molding and inspiring
21 the team members toward their goals; and
22 "WHEREAS, Sports competition
23 instills the values of teamwork, pride and
24 accomplishment, and Coach Sean Organ and his
25 outstanding athletes have clearly made a
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1 contribution to the spirit of excellence which
2 is a tradition of their school; now,
3 therefore, be it
4 "RESOLVED, That this Legislative
5 Body pause in its deliberations to
6 congratulate the Averill Park High School
7 Girls Basketball Team, its members -- Michela
8 Ottati, Lauren Nunziato, Amanda Fitzgerald,
9 Brittany O'Shea, Katie Duma, Alise Weisberg,
10 Katie Hawes, Alison Nunziato, Brooke O'Shea,
11 Molly Streb, Bridget Carney, and Amber
12 Dushensky -- Coaches Sean Organ, Michael
13 Cavotta, Vince Gaetani, Scott Keegan, and
14 Derek Minkler; Trainer Meg Gosh; Managers
15 Andrea Kronau and Emily Horton; and Athletic
16 Director June MacGilfrey, on their outstanding
17 season and overall team record; and be it
18 further
19 "RESOLVED, That copies of this
20 resolution, suitably engrossed, be transmitted
21 to the Averill Park High School Girls
22 Basketball Team, Coach Sean Organ, and the
23 aforementioned staff."
24 ACTING PRESIDENT STAVISKY:
25 Senator McDonald.
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1 SENATOR McDONALD: Thank you,
2 Madam President.
3 That sure is an impressive array of
4 victories. And it's almost as impressive as
5 those folks up there. Please stand up: The
6 players and coaches from Averill Park High
7 School.
8 (Applause.)
9 SENATOR McDONALD: Averill Park
10 is a beautiful little community not very far
11 from here, about 10, 15 miles at the most, in
12 Rensselaer County.
13 These young people, as you can see,
14 nice, clean-cut people, all on their way to
15 college after they graduate. Hardworking,
16 multidimensional -- many of them are playing
17 more than one sport -- very good athletes.
18 Most importantly, very nice young ladies.
19 Good community people.
20 Their coaches, as you named them --
21 and I'm glad you did, some of the names are
22 hard to read. Thank you -- the coaches did
23 just a tremendous job.
24 It's the first time Averill Park
25 has had a Federation winner, okay, in -- ever,
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1 in Division A.
2 And it's especially gratifying that
3 this wonderful team beat one of my colleagues'
4 teams. Senator Marcellino, they beat a
5 Melville high school. And I think it wasn't
6 even close.
7 (Applause.)
8 SENATOR McDONALD: So thank you.
9 It's an honor to have you here.
10 And thank you, Madam President.
11 ACTING PRESIDENT STAVISKY: Are
12 there any other Senators who wish to be heard
13 on this resolution?
14 Senator Marcellino.
15 SENATOR MARCELLINO: Thank you,
16 Madam President.
17 I rise to congratulate these young
18 ladies. You must be good if you beat
19 St. Anthony's from Melville. Tough team;
20 harsh group.
21 But, Madam President, you well know
22 and we know that there are people in this hall
23 today who are shadows who are visiting us, who
24 are shadowing the members of this chamber for
25 the day.
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1 Like this group, these young people
2 are good, clean-cut, hardworking. They
3 represent their communities well and with
4 pride. We rarely read about them in the
5 media. You rarely hear about people like this
6 in the media.
7 We hear about those who get in
8 trouble -- drugs, DWIs, you name it --
9 committing all kinds of crimes, but we don't
10 hear about and we should hear about the people
11 who live good, honest lives, who contribute to
12 their communities, who represent their
13 communities with honor and with pride.
14 I would like to congratulate this
15 team and Senator McDonald and the community
16 and the young ladies and men who are shadowing
17 us today, because you are what we're all proud
18 of.
19 Stand up. Let's all see the people
20 who are shadowing us. Stand up, because we're
21 proud of you and you should be very proud.
22 (Applause.)
23 SENATOR MARCELLINO: I only wish
24 we would read and see more of you in the
25 media.
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1 Thank you, Madam President.
2 ACTING PRESIDENT STAVISKY: Are
3 there any other Senators who wish to be heard
4 on the resolution?
5 The question is on the resolution.
6 All those in favor please signify by saying
7 aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT STAVISKY:
10 Opposed, nay.
11 (No response.)
12 ACTING PRESIDENT STAVISKY: The
13 resolution is adopted.
14 Congratulations to the Averill Park
15 team.
16 Senator Aubertine.
17 SENATOR AUBERTINE: Thank you,
18 Madam President.
19 At this time can we take up Senate
20 Resolution 4604, by Senator DeFrancisco. I
21 ask that the resolution be read title only and
22 move for its immediate adoption.
23 ACTING PRESIDENT STAVISKY: The
24 Secretary will read.
25 THE SECRETARY: By Senator
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1 DeFrancisco, Senate Resolution 4604, honoring
2 Chief Petty Officer Jeremy K. Torrisi upon the
3 occasion of receiving the Silver Star Medal.
4 ACTING PRESIDENT STAVISKY:
5 Senator DeFrancisco.
6 SENATOR DeFRANCISCO: Thank you,
7 Madam President.
8 This is truly an incredible
9 individual that we're honoring today. Chief
10 Petty Officer Jeremy Torrisi is unable to be
11 here because he's still on duty serving our
12 country.
13 He graduated from high school in
14 1994, and then he went right into the Marines.
15 And he's been in the Marines for 16 years.
16 He's a hospital corpsman. And in that
17 capacity, he's assigned to the United States
18 Marine Corps Special Operations Command in
19 Afghanistan.
20 On his third tour -- I repeat that,
21 third tour to Afghanistan, on June 26, 2008,
22 his Marine organization, his division, was on
23 a Special Operations mission to try to secure
24 a high-profile target. And at that time the
25 division came under very, very heavy fire and
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1 very accurate fire, where several individuals
2 were shot.
3 At that time because of the
4 situation, that it was so dangerous, they were
5 called back, those that could come back.
6 Except there were several that were badly
7 injured in the line of fire.
8 Torrisi sprang into action. He
9 jumped out of his vehicle and ran 50 meters
10 through enemy fire to administer aid to those
11 in the rear vehicle. He then ran 50 to 75
12 more meters to the forward team to do the same
13 thing.
14 Unable to administer care due to
15 the sniper gunfire, Chief Petty Officer
16 Torrisi launched grenade rounds from an M-203
17 grenade launcher, and the assailing gunfire
18 stopped.
19 This soldier, then able to
20 administer to the wounded, moved forward. He
21 ushered wounded team members to the rear
22 vehicle and then went to aid the wounded
23 corpsmen. As he treated them, he was shot in
24 the leg, but refused aid until the other
25 injured individuals were tended to.
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1 Air support was called in, and
2 Chief Petty Officer Torrisi aided in the
3 evacuation of wounded team members to safer
4 locations.
5 This action by Chief Petty Officer
6 Torrisi saved the lives of the four people.
7 And as a result of that, he was given the
8 third-highest honor for valor; namely, the
9 Silver Star Medal. If this deserves the
10 third-highest award given, I'm not so sure
11 what you have to do to get the first.
12 This is truly an inspiration to all
13 of those who understand what our military is
14 going through on a daily basis. I'm sure
15 there's many, many other stories like this
16 throughout the country. But we're here today
17 to honor Chief Petty Officer Jeremy Torrisi
18 for receiving the Silver Star Medal.
19 And we're hoping that he'll be able
20 to come back to Onondaga County in the near
21 future so that I can personally award this to
22 him on behalf of this entire Senate.
23 So thank you, Madam President, for
24 bringing up this privileged resolution and for
25 allowing me to speak on it.
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1 ACTING PRESIDENT STAVISKY: Thank
2 you, Senator DeFrancisco.
3 Are there any other Senators who
4 wish to be heard on this resolution?
5 The question is on the resolution.
6 All those in favor please signify by saying
7 aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT STAVISKY:
10 Opposed, nay.
11 (No response.)
12 ACTING PRESIDENT STAVISKY: The
13 resolution is adopted.
14 Senator DeFrancisco has indicated
15 that he would like to open the resolution up
16 for cosponsorship by the entire house. Any
17 Senator wishing not to be on the resolution
18 please notify the desk.
19 Senator Aubertine.
20 SENATOR AUBERTINE: Thank you,
21 Madam President.
22 At this time I move to take up
23 Senate Resolution Number 4602, by Senator
24 Adams. I ask that the title of the resolution
25 be read and move for its immediate adoption.
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1 ACTING PRESIDENT STAVISKY: The
2 Secretary will read.
3 THE SECRETARY: By Senator Adams,
4 Senate Resolution 4602, memorializing Governor
5 David A. Paterson to proclaim May 2010 as Be
6 Kind to Animals Awareness Month in the State
7 of New York.
8 ACTING PRESIDENT STAVISKY: Are
9 there any Senators who wish to be heard on
10 this resolution?
11 Senator Adams.
12 SENATOR ADAMS: Thank you very
13 much, Madam President.
14 I think that it's important -- as a
15 matter of fact, you look great up there, Madam
16 President, if I may say.
17 ACTING PRESIDENT STAVISKY: Thank
18 you, Senator Adams.
19 SENATOR ADAMS: You know,
20 oftentimes when we think of animals we don't
21 understand how much a role they play inside a
22 household as actually part of a family. And I
23 started an organization called Legislators for
24 the Humane Treatment of Animals.
25 The number of letters I received
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1 yesterday when it was stated that three horses
2 were put to death by the New York City Police
3 Department -- and even if it was for good
4 reasons or bad reasons, it impacts a countless
5 number of New Yorkers who believe our furry
6 family friends are more than just
7 insignificant pets, they're part of our
8 households. And we need think about that when
9 we make laws and how we decide the humane
10 treatment of animals.
11 A great indicator of how we are as
12 a society is how we treat the pets in our
13 lives, how we treat animals in our lives. And
14 New York State is well known for some very
15 fair and practical ways in treating animals,
16 and the indicators are how widespread animals
17 are in our lives.
18 I have a pet dog, and I'm pretty
19 sure many of us have various pets. If it's
20 from a turtle to a poodle, it's imperative
21 that we treat our animals in a fair way.
22 That's a fair way of showing how we are as
23 citizens.
24 Thank you, Madam President.
25 ACTING PRESIDENT STAVISKY: Thank
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1 you, Senator Adams.
2 Are there any other Senators who
3 wish to be heard on this resolution?
4 The question is on the resolution.
5 All those in favor please signify by saying
6 aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT STAVISKY:
9 Opposed, nay.
10 (No response.)
11 ACTING PRESIDENT STAVISKY: The
12 resolution is adopted.
13 Senator Adams has indicated that he
14 would like to open the resolution up for
15 cosponsorship by the entire house. Any
16 Senator not wishing to be on the resolution
17 please notify the desk.
18 Senator Aubertine.
19 SENATOR AUBERTINE: Thank you,
20 Madam President.
21 Can we return to the reports of
22 standing committees. I believe there's a
23 report of the Finance Committee at the desk.
24 ACTING PRESIDENT STAVISKY:
25 Returning to the reports of standing
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1 committees, there is a report of the Finance
2 Committee at the desk.
3 The Secretary will read.
4 THE SECRETARY: Senator C.
5 Kruger, from the Committee on Finance, reports
6 the following nomination.
7 As director of the Independent
8 Authorities Budget Office, David J. Kidera, of
9 Delmar.
10 ACTING PRESIDENT STAVISKY:
11 Senator Kruger.
12 SENATOR CARL KRUGER: Thank you,
13 Madam President. Please move the nomination.
14 ACTING PRESIDENT STAVISKY: Are
15 there any Senators who wish to be heard on the
16 nomination?
17 (No response.)
18 ACTING PRESIDENT STAVISKY: The
19 question is on the motion to confirm the
20 nomination of David J. Kidera, of Delmar, as
21 director of the Independent Authorities Budget
22 Office. All those in favor please signify by
23 saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT STAVISKY:
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1 Opposed, nay.
2 (No response.)
3 ACTING PRESIDENT STAVISKY: The
4 motion carries. The nomination is confirmed.
5 Mr. Kidera is joined in the gallery
6 this afternoon by his wife, Chris.
7 Congratulations on your
8 confirmation.
9 (Applause.)
10 ACTING PRESIDENT STAVISKY:
11 Senator Breslin.
12 SENATOR BRESLIN: Thank you very
13 much, Madam President. I apologize; I was
14 with three shadows, high school students from
15 the area.
16 And I just wanted to take a moment
17 to congratulate the Governor on the choice of
18 David Kidera, who's been such a terrific
19 public servant for over 30 years.
20 And no one, no one is better suited
21 for this new position. As I said in the
22 committee hearing, that if you look up
23 "apolitical" in the dictionary, you'd probably
24 see Dave Kidera.
25 It's a wonderful choice, and he's
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1 with his wonderful wife and son.
2 Congratulations, Dave.
3 ACTING PRESIDENT STAVISKY: Thank
4 you, Senator Breslin.
5 The Secretary will continue to
6 read.
7 THE SECRETARY: As commissioner
8 for the Port Authority of New York and
9 New Jersey, Jeffrey A. Moerdler, of Riverdale.
10 As a member of the Port of Oswego
11 Authority, Gerald H. Brown, of Oswego, and
12 John K. Smith, of Oswego.
13 As a member of the Public
14 Employment Relations Board, Sheila Cole, of
15 Delmar.
16 As a member of the State Banking
17 Board, Franz Leichter, of New York City.
18 As a member of the Board of
19 Directors of the Great Lakes Protection Fund,
20 Matthew J. Driscoll, of Syracuse.
21 As a member of the Republic Airport
22 Commission, Robert W. Bodenmiller, of West
23 Babylon.
24 As a member of the Medical Advisory
25 Committee, John Angerosa, M.D., of Scotia;
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1 Jill Braverman-Panza, M.D., of Clifton Park;
2 Douglas Grant Fish, M.D., of Schenectady; Carl
3 P. Sahler, Jr., M.D., Ph.D., of Canandaigua;
4 Anthony Tartaglia, M.D., of Delmar; and Raul
5 Vazquez, M.D., of Williamsville.
6 As members of the Advisory Council
7 on Alcoholism and Substance Abuse Services,
8 Nidia E. Martinez-Godfrey, of Kingston, and
9 Paul N. Samuels, of New York City.
10 As a member of the Citizens Policy
11 and Complaint Review Council, Douglas E.
12 Landon, of Amsterdam, and Burton Schoenbach,
13 of New York City.
14 As a member of the Continuing Care
15 Retirement Community Council, Robert G. Spann,
16 South Setauket.
17 As members of the Minority Health
18 Council, Melody S. Goodman, of Queens; Antonio
19 Pagan, of New York City; and Susan C.
20 Scrimshaw, Ph.D., of Troy.
21 As a member of the State Hospital
22 Review and Planning Council, Ellen E. Grant,
23 Ph.D., of Grand Island.
24 And as a member of the Board of
25 Visitors of the Broome Developmental
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1 Disabilities Services Office, Ann Brigid
2 Sullivan, of Morris.
3 ACTING PRESIDENT STAVISKY:
4 Senator Kruger.
5 SENATOR CARL KRUGER: Yes, thank
6 you, Madam President. Would you please move
7 these nominations.
8 ACTING PRESIDENT STAVISKY: Are
9 there any Senators wishing to be heard on this
10 motion to confirm the nominations?
11 Senator Fuschillo.
12 SENATOR FUSCHILLO: Madam
13 President, although I'll be voting aye to all
14 the recommendations to these boards, I'll be
15 voting in the negative for the commissioner of
16 the Port Authority.
17 ACTING PRESIDENT STAVISKY:
18 Senator Fuschillo will be recorded in the
19 negative on the confirmation of Jeffrey
20 Moerdler to the Port Authority of New York and
21 New Jersey.
22 Is there anyone else who wishes to
23 speak on the nominations?
24 The question is on the motion to
25 confirm the nominations. All those in favor
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1 please signify by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT STAVISKY:
4 Opposed, nay.
5 (No response.)
6 ACTING PRESIDENT STAVISKY: The
7 motion carries, and the nominations are
8 confirmed.
9 Senator Aubertine.
10 SENATOR AUBERTINE: Thank you,
11 Madam President.
12 Can we return to motions and
13 resolutions. I believe there's a resolution
14 at the desk by Senator Sampson. I ask that
15 the title of the resolution be read and move
16 for its immediate adoption.
17 ACTING PRESIDENT STAVISKY:
18 Returning to the order of motions and
19 resolutions.
20 Senator Aubertine, has this
21 resolution been deemed privileged and
22 submitted by the office of the Temporary
23 President?
24 SENATOR AUBERTINE: Yes, Madam
25 President.
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1 ACTING PRESIDENT STAVISKY: The
2 Secretary will read.
3 THE SECRETARY: By Senator
4 Sampson, legislative resolution commemorating
5 the 25th Anniversary of The Jewish Association
6 for Services for the Aged Senior Center at the
7 H.E.S.
8 ACTING PRESIDENT STAVISKY: Are
9 there any Senators who wish to be heard on
10 this resolution?
11 The question is on the resolution.
12 All those in favor please signify by saying
13 aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT STAVISKY:
16 Opposed, nay.
17 (No response.)
18 ACTING PRESIDENT STAVISKY: The
19 resolution is adopted.
20 Senator Sampson has indicated that
21 he would like to open this resolution up for
22 cosponsorship by the entire house. Any
23 Senator not wishing to be on the resolution
24 please notify the desk.
25 Senator Aubertine.
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1 SENATOR AUBERTINE: Thank you,
2 Madam President.
3 I believe there's a resolution at
4 the desk by Senator Savino. I ask that the
5 title of the resolution be read and move for
6 its immediate adoption.
7 ACTING PRESIDENT STAVISKY:
8 Senator Aubertine, has this resolution been
9 deemed privileged and submitted by the office
10 of the Temporary President?
11 SENATOR AUBERTINE: Yes, Madam
12 President.
13 ACTING PRESIDENT STAVISKY: The
14 Secretary will read.
15 THE SECRETARY: By Senator
16 Savino, legislative resolution paying just
17 tribute and remembering the 29 mining disaster
18 victims of Montcoal, West Virginia, and
19 expressing the deepest condolences of the
20 people from the State of New York.
21 ACTING PRESIDENT STAVISKY:
22 Senator Savino.
23 SENATOR SAVINO: Thank you,
24 Madam President.
25 On April 5, 2010, there was a
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1 tremendous tragedy that occurred in the town
2 of Montcoal, West Virginia, when there was a
3 massive underground explosion at the Massey
4 Upper Branch Mine. It was the worst mining
5 disaster in 25 years, claiming 29 lives.
6 This tragedy has captured the
7 attention of both the nation and those of us
8 here in New York State, and it is appropriate
9 that we stop and reflect upon the tragedy that
10 day and commemorate it here on the floor of
11 the New York State Senate, and convey our
12 support and condolences to Governor Joe
13 Manchin of West Virginia as well as the
14 families of the victims.
15 But we also have a much higher
16 calling here. We have a calling to join the
17 members of the United Mine Workers union as
18 well as the members of the Congress who are
19 calling and demanding for greater safety
20 standards and enforcement against all mine
21 operators, but particularly this one.
22 The United Mine Workers have a very
23 long, storied history in the American labor
24 movement. Among their leaders have been great
25 names like John L. Lewis and Mother Jones.
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1 Their history is full of legendary other
2 events and names, like the Molly Maguires; the
3 Lattimer Massacre; the Ludlow Massacre;
4 Matewan and the Battle of Blair Mountain;
5 Paint Creek, Cabin Creek, and Buffalo Creek;
6 and Bloody Harlan.
7 Despite the threat of physical harm
8 over the centuries, and economic ruin, miners
9 have constantly struggled against great odds
10 to achieve their goals: The eight-hour work
11 day that they achieved in 1898, collective
12 bargaining rights for mine workers in 1933,
13 health and retirement benefits in 1946, health
14 and safety protections in 1969.
15 They successfully lobbied Congress
16 to change the law and establish the Federal
17 Coal Mine Safety Act of 1952, which called for
18 annual evaluations and inspections of
19 underground coal mines, and charging the
20 Bureau of Mines to issue citations and
21 imminent danger withdrawals.
22 Well, here's what we know now about
23 what happened at Upper Branch, owned by the
24 Massey Mine Company. At the time of this
25 disaster, they were contesting millions of
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1 dollars in major safety violations levied
2 against this mine. At his Labor Day
3 anti-union rally -- the Labor Day anti-union
4 rally -- the CEO of Massey mocked Washington
5 politicians and local elected officials who
6 attempt to ensure mine safety, calling their
7 efforts "as silly as global warming."
8 The penalties that were imposed
9 mean nothing to this profit-bound company, nor
10 does it to other profit-bound multinational
11 energy companies. In truth, this explosion at
12 Upper Big Branch was just a tip of the
13 iceberg.
14 As I said, the story is still being
15 written about what happened at Upper Big
16 Branch. There will be other penalties levied.
17 But we need to change the way the mining
18 industry operates in this country to protect
19 the thousands of people who depend upon the
20 industry so that they can put food on the
21 table for their families and provide energy at
22 a low cost to Americans.
23 It has been determined that the
24 New York State --
25 ACTING PRESIDENT STAVISKY:
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1 Senator, can you hold it just a moment.
2 SENATOR SAVINO: Yes.
3 ACTING PRESIDENT STAVISKY: If we
4 could have a little quiet in the chamber so
5 that Senator Savino can be heard.
6 Thank you. Please continue.
7 SENATOR SAVINO: It has been
8 determined that the New York State Pension
9 System and the Common Retirement Fund had
10 invested some of our pension funds into
11 Massey, and we have requested that the
12 Comptroller review that policy. And in fact,
13 today Tom DiNapoli himself called for the
14 resignation of the CEO, Don Blankenship, of
15 Massey for his responsibility of this tragic
16 accident.
17 So while it's important that we
18 stand here today and we commemorate what
19 happened down there, and we send our
20 condolences, I am reminded of the words of one
21 of the greatest organizers and a legend in the
22 United Mine Workers, and that was Mother
23 Jones, who would tell us today: "Pray for the
24 dead, but fight like hell for the living."
25 ACTING PRESIDENT STAVISKY: Thank
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1 you, Senator Savino.
2 Are there any other Senators who
3 wish to be heard on this resolution?
4 The question is on the resolution.
5 All those in favor please signify by saying
6 aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT STAVISKY:
9 Opposed, nay.
10 (No response.)
11 ACTING PRESIDENT STAVISKY: The
12 resolution is adopted.
13 Senator Savino has indicated that
14 she would like to open the resolution up for
15 cosponsorship by the entire house. Any
16 Senator not wishing to be on the resolution
17 please notify the desk.
18 Senator Aubertine.
19 SENATOR AUBERTINE: Thank you,
20 Madam President.
21 On behalf of Senator Parker, on
22 page 18 I offer the following amendments to
23 Calendar Number 298, Senate Print Number
24 3601A, and ask that said bill retain its place
25 on the Third Reading Calendar.
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1 Also, on behalf of Senator
2 Stachowski, I move that the following bill be
3 discharged from its respective committee and
4 be recommitted with instructions to strike the
5 enacting clause: Senate Number 2790.
6 ACTING PRESIDENT STAVISKY: So
7 ordered.
8 Senator Aubertine.
9 SENATOR AUBERTINE: Madam
10 President, is there any further business at
11 the desk?
12 ACTING PRESIDENT STAVISKY:
13 Senator Aubertine, the desk is clear.
14 SENATOR AUBERTINE: There being
15 no further business at the desk, I move that
16 we adjourn until Wednesday, April 14th, at
17 11:00 a.m.
18 ACTING PRESIDENT STAVISKY: There
19 being no further business to come before the
20 Senate, on motion, the Senate stands adjourned
21 until Wednesday, April 14th, at 11:00 a.m.
22 (Whereupon, at 4:25 p.m., the
23 Senate adjourned.)
24
25
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