Regular Session - March 21, 2011
1508
1 NEW YORK STATE SENATE
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3
4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 March 21, 2011
11 3:17 p.m.
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14 REGULAR SESSION
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18 SENATOR THOMAS F. O'MARA, 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 O'MARA: 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 O'MARA: We have
10 the Reverend Peter G. Young, of Mother Teresa
11 Community here in Albany, to lead us in a
12 prayer.
13 REVEREND YOUNG: Thank you,
14 Senator.
15 Dear God, on this beautiful first
16 day of spring with the snowflakes, You've made
17 a world where we have become our neighbor and
18 to each other we are enabled, therefore, to
19 love one another. Grant that we too may use
20 the Senate to strive toward a way of life in
21 keeping with Your plan.
22 You, O God, have given us a
23 marvelous example of charity in the call to us
24 to love one another. Send down Your blessing
25 on these Senators who generously devote
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1 themselves to helping our New York State
2 citizens.
3 Amen.
4 ACTING PRESIDENT O'MARA: The
5 reading of the Journal.
6 THE SECRETARY: In Senate,
7 Sunday, March 20th, the Senate met pursuant to
8 adjournment. The Journal of Saturday,
9 March 19th, was read and approved. On motion,
10 Senate adjourned.
11 ACTING PRESIDENT O'MARA: Without
12 objection, the Journal stands approved as
13 read.
14 Presentation of petitions.
15 Messages from the Assembly.
16 Messages from the Governor.
17 Reports of standing committees.
18 Reports of select committees.
19 Communications and reports from
20 state officers.
21 Motions and resolutions.
22 Senator Libous.
23 SENATOR LIBOUS: Thank you,
24 Mr. President.
25 Mr. President, on behalf of Senator
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1 Zeldin, I move to commit Senate Print Number
2 3638, Calendar Number 169 on the order of
3 third reading, and commit it to the Committee
4 on Finance, please.
5 ACTING PRESIDENT O'MARA: So
6 ordered.
7 Senator Libous.
8 SENATOR LIBOUS: Thank you,
9 Mr. President.
10 Mr. President, there's a privileged
11 resolution at the desk by Senator Perkins.
12 May we please have it read in its entirety,
13 and I believe Senator Perkins would like to be
14 called on before it's adopted.
15 ACTING PRESIDENT O'MARA: The
16 Secretary will read.
17 THE SECRETARY: By Senator
18 Perkins, Legislative Resolution Number 994,
19 memorializing Governor Andrew M. Cuomo to
20 proclaim March 2011 as Colorectal Cancer
21 Awareness Month in the State of New York.
22 "WHEREAS, Colorectal cancer is the
23 second leading cause of cancer deaths in men
24 and women combined in the United States; and
25 "WHEREAS, It is estimated that in
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1 the year 2011 over 146,970 new cases of
2 colorectal cancer will be diagnosed in the
3 United States; and
4 "WHEREAS, In the year 2011 the
5 disease is expected to kill an estimated
6 49,920 individuals in this country; and
7 "WHEREAS, An estimated 9,970
8 individuals in the State of New York were
9 diagnosed with colorectal cancer in the year
10 2009; and
11 "WHEREAS, In November of 1999 the
12 United States Senate passed legislation
13 declaring March 2000 as the first ever
14 National Colorectal Cancer Awareness Month;
15 and
16 "WHEREAS, The Colon Cancer
17 Alliance, Inc., will continue working with
18 Congress for coverage, education, and
19 awareness so that colorectal cancer is
20 detected early and lives are saved; and
21 "WHEREAS, Screening for colorectal
22 cancer is underutilized. Less than 50 percent
23 of individuals above age 50 receive annual
24 screenings for colorectal cancer; and
25 "WHEREAS, Regular screenings, which
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1 can detect polyps that lead to colorectal
2 cancer, can save lives; and
3 "WHEREAS, Education can help inform
4 the public about methods of prevention, and
5 about symptoms, to aid in early detection; and
6 "WHEREAS, Adopting a healthy diet
7 at a young age can significantly reduce the
8 risk of developing colorectal cancer; and
9 "WHEREAS, The Ralph Lauren Center
10 for Cancer Care and Prevention is offering
11 colon cancer evaluations for men and women
12 age 50 and over, and prostate evaluations for
13 men age 40 and over, to be held at the Adam
14 Clayton Powell Jr. State Office Building in
15 New York on Wednesday, March 23, 2011, in
16 conjunction with Colorectal Cancer Awareness
17 Month in the State of New York; and
18 "WHEREAS, The State of New York
19 should help inform the public about colorectal
20 cancer prevention and screening; now,
21 therefore, be it
22 "RESOLVED, That this Legislative
23 Body pause in its deliberations to memorialize
24 Governor Andrew M. Cuomo to proclaim
25 March 2011 as Colorectal Cancer Awareness
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1 Month in the State of New York; and be it
2 further
3 "RESOLVED, That will copies of this
4 resolution, suitably engrossed, be transmitted
5 to The Honorable Andrew M. Cuomo, Governor of
6 the State of New York; The Colon Cancer
7 Alliance, Inc., 1025 Vermont Avenue, N.W.,
8 Suite 1066, Washington, D.C. 20005; Dan
9 Foster, 8 Dictum Court, Brooklyn, New York
10 11229; Dahlia Rizk, D.O., Director,
11 Hospitalist Program, Beth Israel Medical
12 Center, First Avenue at 16th Street, New York,
13 New York 10003; Jianjun Li, M.D., Maimonides
14 Medical Center, Director, Division of
15 Gastroenterology, 4721 Fort Hamilton Parkway,
16 Brooklyn, New York 11219; and the Ralph Lauren
17 Center for Cancer Care and Prevention, 1919
18 Madison Avenue, New York, New York 10035."
19 ACTING PRESIDENT O'MARA: Senator
20 Perkins.
21 SENATOR PERKINS: Thank you very
22 much.
23 I'm going to be brief because I
24 think that the resolution speaks well for what
25 it is that we're trying to acknowledge.
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1 I'm speaking today as a survivor of
2 colorectal cancer, and I know all too well
3 that early detection is essential. However,
4 less than 50 percent of at-risk individuals
5 have regular screenings. Colorectal cancer is
6 highly treatable with early detection, and if
7 everyone at risk received screenings
8 regularly, the number of deaths could be
9 reduced by 60 percent.
10 And I know especially
11 African-American men and men of color are
12 often victims of colorectal cancer to the
13 fatal extent. And we've launched a campaign
14 to alert our neighbors and our friends to get
15 these prescreenings in order to prevent the
16 mortality that would result without them. As
17 a matter of fact, as was pointed out, we are
18 doing some screenings as we speak at the Adam
19 Clayton Powell State Office Building.
20 And I want to acknowledge again the
21 Ralph Lauren Center for Cancer Care and
22 Prevention for the extraordinary work that
23 they've been doing in alerting our communities
24 about this colorectal cancer problem and
25 getting the community united and organized to
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1 deal with it.
2 So thank you very much, and I would
3 ask my colleagues to join me in signing onto
4 the resolution.
5 ACTING PRESIDENT O'MARA: Thank
6 you, Senator Perkins.
7 Any other Senator wishing to be
8 heard on the resolution?
9 (No response.)
10 ACTING PRESIDENT O'MARA: The
11 question is on the resolution. All in favor
12 signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT O'MARA:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT O'MARA: The
18 resolution is adopted.
19 Senator Libous.
20 SENATOR LIBOUS: Mr. President, I
21 believe we are on the reading of the
22 noncontroversial calendar, please.
23 ACTING PRESIDENT O'MARA: Senator
24 Libous, Senator Perkins indicated a
25 willingness to leave the resolution open for
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1 cosponsorship. Anyone not wishing to be on
2 the resolution please notify the desk.
3 May we please have the
4 noncontroversial reading of the calendar.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 81, by Senator Flanagan, Senate Print 1833, an
8 act to amend the General Business Law.
9 ACTING PRESIDENT O'MARA: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 60th day.
13 ACTING PRESIDENT O'MARA: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 58. Nays,
17 2. Senator Duane and Senator Perkins recorded
18 in the negative.
19 ACTING PRESIDENT O'MARA: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 171, by Senator Valesky, Senate Print 657, an
23 act to amend the Penal Law and the Public
24 Health Law.
25 ACTING PRESIDENT O'MARA: Read
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1 the last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect on the 180th day.
4 ACTING PRESIDENT O'MARA: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT O'MARA: Senator
8 DeFrancisco to explain his vote.
9 SENATOR DeFRANCISCO: Yes, I'm
10 going to vote aye on this bill.
11 Earlier today I explained the bill
12 to -- that this bill would be on the calendar
13 to people from the Living Word Academy in
14 Syracuse, New York, and I was surprised to
15 learn that one of the teachers was aware of
16 why we need this bill. And she didn't tell me
17 why she knew why this bill was important, but
18 I was very impressed about that. And I was
19 impressed with the students coming here and
20 learning about government.
21 And for those reasons, I'm going to
22 vote aye on this bill.
23 ACTING PRESIDENT O'MARA: Senator
24 DeFrancisco will be recorded in the
25 affirmative.
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1 Announce the results.
2 THE SECRETARY: Ayes, 60.
3 ACTING PRESIDENT O'MARA: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 191, by Member of the Assembly Sayward,
7 Assembly Print Number 1635, an act to
8 authorize certain healthcare professionals.
9 ACTING PRESIDENT O'MARA: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect July 20, 2011.
13 ACTING PRESIDENT O'MARA: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT O'MARA: The
18 bill is passed.
19 Senator Libous, that completes the
20 reading of the noncontroversial calendar.
21 SENATOR LIBOUS: Thank you,
22 Mr. President.
23 At this time I'd like to hand up
24 the following committee assignments and ask
25 that the assignments be filed in the Journal.
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1 ACTING PRESIDENT O'MARA: So
2 ordered. The assignments will be filed in the
3 Journal.
4 Senator Libous.
5 SENATOR LIBOUS: Mr. President,
6 is there any further business at the desk?
7 ACTING PRESIDENT O'MARA: No,
8 there is no further business at the desk.
9 SENATOR LIBOUS: Mr. President,
10 there being no further business to come before
11 the Senate today, I move that we adjourn until
12 Tuesday, March 22nd, at 3:00 p.m.
13 ACTING PRESIDENT O'MARA: On
14 motion, the Senate stands adjourned until
15 Tuesday, March 22nd, at 3:00 p.m.
16 (Whereupon, at 3:28 p.m., the
17 Senate adjourned.)
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