Regular Session - May 3, 2011
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 3, 2011
11 3:18 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH E. ROBACH, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT ROBACH: The
3 Senate will come to order.
4 I ask everyone present to please
5 join me in the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT ROBACH: Our
9 invocation today will be given by Pastor
10 Anthony L. Usher, of the Seventh-Day Adventist
11 Church in Brooklyn, New York.
12 Pastor Anthony.
13 PASTOR USHER: Thank you. Let us
14 pray.
15 Eternal heavenly Father,
16 recognizing that unless the Lord builds the
17 house, they labor in vain that build it, is
18 why once more a group of elected officials
19 pause to pray in the Capitol of the great
20 State of New York.
21 We thank You for the strong
22 leadership they have given to our state. And
23 in the time that they represent their various
24 constituencies, they play their parts
25 exceedingly well.
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1 We seize this opportunity to invoke
2 Your blessing on our beloved President Barack
3 Obama, that he may continue conducting the
4 affairs of national government with wisdom,
5 bravery, and true justice. With mixed
6 feelings, we are grateful that under his able
7 leadership the saga of bin Laden has finally
8 found closure.
9 We pray for our newly elected
10 Governor Andrew Cuomo and rejoice today for
11 our bipartisan balanced budget.
12 We pray for the members of the
13 Congress, that they may truly represent the
14 needs of the people and work in harmony for
15 the advancement of all men, women and
16 children.
17 We pray for the judges that rule
18 the courts of our land, that they may balance
19 justice with mercy, civil law with divine
20 mandate.
21 And last but by no means least, we
22 pray for the Senate assembly that is about to
23 convene.
24 We pray, O heavenly Father, that
25 You will turpentine their imagination with
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1 fresh ideas and new vision for their
2 respective constituencies. And recognizing
3 that You set up kings and remove them, may
4 they always lead ever-conscious of this
5 unmovable truth, that in the days of these
6 kings shall the God of heaven set up His
7 kingdom in which justice will roll down like a
8 mighty stream and righteousness like a mighty
9 river.
10 Then hasten that day when the last
11 day of earth's history will become the first
12 of eternity. Then shall come to pass the
13 saying: One nation under God, under the
14 bloodstained banner of Prince Emmanuel,
15 indivisible, with liberty and justice for all.
16 For we ask this in the name that is
17 above all other names. In the name of Jesus
18 we pray. Amen.
19 ACTING PRESIDENT ROBACH: The
20 reading of the Journal.
21 THE SECRETARY: In Senate,
22 Monday, May 2nd, the Senate met pursuant to
23 adjournment. The Journal of Sunday, May 1st,
24 was read and approved. On motion, Senate
25 adjourned.
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1 ACTING PRESIDENT ROBACH: Without
2 objection, the Journal stands approved as
3 read.
4 Presentation of petitions.
5 Messages from the Assembly.
6 The Secretary will read.
7 THE SECRETARY: On page 25,
8 Senator Grisanti moves to discharge, from the
9 Committee on Environmental Conservation,
10 Assembly Bill Number 668 and substitute it for
11 the identical Senate Bill Number 3888, Third
12 Reading Calendar 345.
13 ACTING PRESIDENT ROBACH:
14 Substitution ordered.
15 Messages from the Governor.
16 Reports of standing committees.
17 Reports of select committees.
18 Communications and reports from
19 state officers.
20 Motions and resolutions.
21 Senator Libous.
22 SENATOR LIBOUS: Thank you,
23 Mr. President.
24 On behalf of Senator Seward, on
25 page 21 I offer the following amendments to
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1 Calendar Number 269, Senate Print 2382, and
2 ask that said bill retain its place on the
3 Third Reading Calendar.
4 ACTING PRESIDENT ROBACH: The
5 amendments are received and adopted, and the
6 bill will retain its place on the Third
7 Reading Calendar.
8 SENATOR LIBOUS: Mr. President,
9 on behalf of Senator Libous, on page 27 I
10 offer the following amendments to Calendar
11 Number 367, Senate Print 3964A, and ask that
12 said bill retain its place on the Third
13 Reading Calendar.
14 ACTING PRESIDENT ROBACH: The
15 amendments are received and adopted, and the
16 bill will retain its place on the Third
17 Reading Calendar.
18 Senator Libous.
19 SENATOR LIBOUS: Mr. President, I
20 believe we will adopt the Resolution Calendar
21 at this time, with the exception of Resolution
22 Numbers 1423, 1437, 1438, 1536, 1537, 1550,
23 and 1523.
24 ACTING PRESIDENT ROBACH: All in
25 favor of adopting the Resolution Calendar,
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1 with the exceptions noted, signify by saying
2 aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT ROBACH: All
5 those opposed, nay.
6 (No response.)
7 ACTING PRESIDENT ROBACH: The
8 Resolution Calendar is adopted.
9 Senator Libous.
10 SENATOR LIBOUS: Mr. President, I
11 believe that Senator Martins has a resolution
12 at the desk. May we have it read in its
13 entirety and move for its immediate adoption.
14 ACTING PRESIDENT ROBACH: The
15 Secretary will read.
16 THE SECRETARY: Legislative
17 Resolution Number 1516, by Senator Martins,
18 congratulating Elmont Memorial High School
19 pitcher Danny Aguilo upon making Long Island
20 baseball history by pitching a no-hitter and
21 striking out 21 batters.
22 "WHEREAS, Athletic competition
23 enhances the moral and physical development of
24 the young people of this state, preparing them
25 for the future by instilling in them the value
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1 of teamwork, encouraging a standard of healthy
2 living, imparting a desire for success, and
3 developing a sense of fair play and
4 competition; and
5 "WHEREAS, It is the sense of this
6 Legislative Body to recognize and pay tribute
7 to those young people within the State of
8 New York who, by achieving outstanding success
9 in athletic competition, have inspired and
10 brought pride to their school and community;
11 and
12 "WHEREAS, This Legislative Body is
13 justly proud to congratulate Elmont Memorial
14 High School pitcher Danny Aguilo upon making
15 Long Island baseball history by pitching a
16 no-hitter and striking out 21 batters; and
17 "WHEREAS, Using an overpowering
18 fastball and effective off-speed pitch,
19 sophomore Danny Aguilo struck out 21 batters
20 as Elmont Memorial defeated Hempstead 21-0 in
21 a seven-inning baseball game on April 20,
22 2011. With this exceptional performance, he
23 ties the state record for a seven-inning game
24 and did not allow a ball to be hit into play;
25 and
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1 "WHEREAS, Only a walk in the fifth
2 and seventh inning kept Danny Aguilo from true
3 perfection. Also a talented defensive
4 shortstop, he never had struck out more than
5 13 batters previously in his career; and
6 "WHEREAS, Danny Aguilo's overall
7 record is outstanding. He was loyally and
8 enthusiastically supported by family, fans,
9 friends and the community at large; and
10 "WHEREAS, Sports competition
11 instills the values of teamwork, pride and
12 accomplishment, and Danny Aguilo has clearly
13 made a contribution to the spirit of
14 excellence which is a tradition of his school;
15 now, therefore, be it
16 "RESOLVED, That this Legislative
17 Body pause in its deliberations to
18 congratulate Elmont Memorial High School
19 pitcher Danny Aguilo upon making Long Island
20 baseball history by pitching a no-hitter and
21 striking out 21 batters; and be it further
22 "RESOLVED, That a copy of this
23 resolution, suitably engrossed, be transmitted
24 to Danny Aguilo."
25 ACTING PRESIDENT ROBACH: If we
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1 could just get a little order in the chamber,
2 please.
3 Senator Martins on the resolution.
4 SENATOR MARTINS: Thank you,
5 Mr. President.
6 You know, I am honored to stand
7 here with you today to recognize two young
8 men, two young men who each pitched a
9 no-hitter, back to back. I'll talk about
10 Danny Aguilo first.
11 Danny's here with us today. He's a
12 sophomore at Elmont Memorial High School. In
13 a seven-inning game, he struck out 21 batters.
14 Let's think about that for a second. It's not
15 only a Long Island record, it's a New York
16 State record, it's a U.S. record. Not a
17 single ball was placed in play. All 21
18 batters were struck out. Two walks. For a
19 sophomore in high school, an incredible
20 achievement. And I thank him for being here
21 to allow us to recognize him.
22 Also with us today are Danny's
23 parents, Hector and Iris, who are with us here
24 in the gallery. Thank you so much for joining
25 with us today and allowing us the opportunity
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1 to recognize this truly historic and singular
2 event.
3 I don't believe that there's an
4 achievement in sport that can rival 21
5 strike-outs. And the statistical
6 probabilities of getting 21 strike-outs in a
7 seven-inning game are so astronomical that it
8 is that important that we take moment from our
9 deliberations to recognize Danny and to wish
10 you a wonderful, wonderful career ahead of us.
11 In addition to his athletic
12 achievement, he is also a gifted academic, not
13 only excelling academically in high school but
14 also as a community leader and a leader in the
15 high school. And for that, we salute you and
16 we salute your parents. Thank you.
17 Coincidentally, and only
18 coincidentally, the very next day after we had
19 a no-hitter and 21 batters were struck out,
20 Elmont High School Spartans, in their pitcher
21 Enrique Sanchez, who's also with us today,
22 pitched another no-hitter.
23 So we had back-to-back no-hitters.
24 And although we didn't strike out 21 batters
25 on that second night, we struck out 13
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1 batters. But again, an incredible
2 achievement.
3 And I want to take the opportunity
4 to recognize both of these fine young men,
5 both of these community leaders for that
6 achievement, and recognize Elmont High School
7 once again, its principal, John Capozzi, and
8 the entire Elmont community for this wonderful
9 achievement.
10 With us also today is our Team
11 Captain Tommy Caraballo, who joins us. He's
12 the spirit of the team. And for my
13 colleagues, I'd ask you to join me also in
14 recognizing, purely by coincidence, it's
15 Tommy's birthday today. Tommy, happy birthday
16 to you.
17 To the entire Elmont community,
18 congratulations on a spectacular two days of
19 baseball on Long Island. And to Danny's
20 parents, thanks for being here with us today.
21 Thank you, Mr. President.
22 ACTING PRESIDENT ROBACH: On
23 behalf of Senator Martins and all of us,
24 congratulations, Danny, Tommy, Enrique, on
25 your great accomplishment. And we welcome you
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1 and extend to you all the courtesies of the
2 floor, and to your families as well.
3 Let's give these fine young men a
4 nice round of applause.
5 (Applause.)
6 ACTING PRESIDENT ROBACH: Though
7 this may be a little pro forma, the motion is
8 on the resolution. All those in favor signify
9 by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT ROBACH: Any
12 opposed, nay.
13 (No response.)
14 ACTING PRESIDENT ROBACH: The
15 resolution is adopted.
16 Again, congratulations.
17 Senator Libous.
18 SENATOR LIBOUS: Mr. President,
19 there's another privileged resolution at the
20 desk by Senator Martins.
21 ACTING PRESIDENT ROBACH: The
22 Secretary will read.
23 THE SECRETARY: Legislative
24 Resolution Number 1544, by Senator Martins,
25 congratulating Elmont Memorial High School
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1 pitcher Enrique Sanchez for pitching his first
2 career no-hitter and striking out 11 batters.
3 "WHEREAS, Athletic competition
4 enhances the moral and physical development of
5 the young people of this state, preparing them
6 for the future by instilling in them the value
7 of teamwork, encouraging a standard of healthy
8 living, imparting a desire for success, and
9 developing a sense of fair play and
10 competition; and
11 "WHEREAS, It is the sense of this
12 Legislative Body to recognize and pay tribute
13 to those young people within the State of
14 New York who, by achieving outstanding success
15 in athletic competition, have inspired and
16 brought pride to their school and community;
17 and
18 "WHEREAS, This Legislative Body is
19 justly proud to congratulate Elmont Memorial
20 High School pitcher Enrique Sanchez for
21 pitching his first career no-hitter, striking
22 out 11 batters; and
23 "WHEREAS, On the day after his
24 teammate Danny Aguilo made state history by
25 pitching a no-hitter against Hempstead,
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1 Enrique Sanchez followed suit with an
2 outstanding no-hit pitching performance,
3 defeating Hempstead 14-0; and
4 "WHEREAS, A junior, Enrique Sanchez
5 pitched the full seven innings by striking out
6 11 batters in his shutout victory; and
7 "WHEREAS, Enrique Sanchez's overall
8 record is outstanding. He was loyally and
9 enthusiastically supported by family, fans,
10 friends and the community at large; and
11 "WHEREAS, Sports competition
12 instills the values of teamwork, pride and
13 accomplishment, and Enrique Sanchez has
14 clearly made a contribution to the spirit of
15 excellence which is a tradition of his school;
16 now, therefore, be it
17 "RESOLVED, That this Legislative
18 Body pause in its deliberations to
19 congratulate Elmont Memorial High School
20 pitcher Enrique Sanchez for pitching his first
21 career no-hitter, striking out 11 batters; and
22 be it further
23 "RESOLVED, That a copy of this
24 resolution, suitably engrossed, be transmitted
25 to Enrique Sanchez."
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1 ACTING PRESIDENT ROBACH: The
2 question is on the resolution. All those in
3 favor signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT ROBACH: Those
6 opposed, nay.
7 (No response.)
8 ACTING PRESIDENT ROBACH: The
9 resolution is adopted.
10 Senator Libous.
11 SENATOR LIBOUS: Mr. President, I
12 believe Senator Rivera has a resolution,
13 Number 1523, at the desk. If we could have
14 its title read and call on Senator Rivera.
15 ACTING PRESIDENT ROBACH: The
16 Secretary will read.
17 THE SECRETARY: Legislative
18 Resolution Number 1523, by Senator Rivera,
19 congratulating the Monroe College Women's
20 Basketball Team and Coach Seth Goodman upon
21 the occasion of capturing the 2011 NJCAA
22 Division II National Championship.
23 ACTING PRESIDENT ROBACH: Senator
24 Rivera.
25 SENATOR RIVERA: Thank you,
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1 Mr. President.
2 I stand today as this definitely
3 has been the basketball week, so I figure that
4 we must continue on that. And today I stand
5 to congratulate the Lady Mustangs and their
6 coach, Seth Goodman, for their national
7 championship victory in the NJCAA Division II
8 Championship.
9 And I wanted to point out that like
10 in the rest of the state -- certainly in
11 Senator Nozzolio's district, as he was
12 celebrating the victory of a local team --
13 there are champions everywhere. There's
14 champions in Senator Nozzolio's district,
15 there are champions in the Bronx, there are
16 semi-champions in Senator Libous's district --
17 and he didn't hear it, but I'm still going to
18 say it.
19 This team, they finished with a
20 season record of 29-5. They have -- I want to
21 definitely praise their success as college
22 athletes, their hard work and determination.
23 And for the record, the players
24 that won: April Williams, Bianca Lewis,
25 Ramona Miles, Rahquana Dickerson, Simone
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1 Victor, Victoria Story, Ja'taeilah Forde,
2 Samantha Gilman, Alisha Steele, Kristal
3 Edwards, Quamisha Lyles, Alexis Paige
4 Sprewell, Jasmine Strong, Jessica Previlon,
5 and Shanee Williams. I read their names into
6 the record since they could not join us this
7 afternoon.
8 This is, again, the team from
9 Monroe College, which was founded in 1933 in
10 the Bronx. And it is only one of two colleges
11 in any division at any level that have had
12 both their men's and their women's basketball
13 teams in the Final Four.
14 So I extend my congratulations to
15 the men's team, which much like Senator
16 Libous's -- the team in Senator Libous's
17 district, the men's team, they came in third.
18 The women's team came in first. So I'll just
19 say the women's team is like Senator
20 Nozzolio's team, and the men's team is kind of
21 like the folks that came from your district.
22 But again, I stand to both honor
23 their hard work and determination and their
24 success, and hopefully we will have many more
25 championships coming to the Bronx from this
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1 great team.
2 Thank you, Mr. President.
3 ACTING PRESIDENT ROBACH: Thank
4 you, Senator Rivera.
5 Are there any other Senators
6 wishing to be heard?
7 If none, the question is on the
8 resolution. All in favor signify by saying
9 aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT ROBACH: Any
12 opposed?
13 (No response.)
14 ACTING PRESIDENT ROBACH: The
15 resolution is adopted.
16 Senator Libous.
17 SENATOR LIBOUS: Mr. President, I
18 believe we have a resolution at the desk,
19 1423, by Senator Hannon. Could we please have
20 the title read and move for its immediate
21 adoption.
22 ACTING PRESIDENT ROBACH: The
23 Secretary will read.
24 THE SECRETARY: Legislative
25 Resolution Number 1423, by Senator Hannon,
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1 congratulating the Garden City Girls' Winter
2 Track Team upon the occasion of their
3 outstanding 2010-2011 season.
4 ACTING PRESIDENT ROBACH: On the
5 resolution, all those in favor signify by
6 saying aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT ROBACH:
9 Opposed, nay.
10 (No response.)
11 ACTING PRESIDENT ROBACH: The
12 resolution is adopted.
13 Senator Libous.
14 SENATOR LIBOUS: Thank you,
15 Mr. President.
16 I believe that Resolution 1437, by
17 Senator Peralta, is at the desk. Could we
18 have the title read and I believe call on
19 Senator Peralta.
20 ACTING PRESIDENT GRIFFO: The
21 Secretary will read.
22 THE SECRETARY: Legislative
23 Resolution Number 1437, by Senator Peralta,
24 commemorating the celebration of Cinco de
25 Mayo, May 5, 2011.
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1 ACTING PRESIDENT GRIFFO: Senator
2 Peralta.
3 SENATOR PERALTA: Thank you,
4 Mr. President.
5 Cinco de Mayo, in commemoration of
6 the Battle of Puebla, transcends the victory
7 of the greatly outnumbered Mexican army over
8 the French forces. Cinco de Mayo has evolved
9 into an American celebration of Mexican and
10 Hispanic culture and heritage in this country.
11 Cinco de Mayo is about the spirit
12 and determination of our Mexican and Chicano
13 brethren, about unity and patriotism, about
14 strength and will and perseverance. It is a
15 celebration of liberty and freedom and of the
16 long-standing friendship between the United
17 States and Mexico.
18 From the arts and culture to
19 politics and the economy, Mexico and
20 Mexican-Americans have made indelible
21 contributions. Mexican heritage and folklore
22 are intertwined in American fabric and
23 Mexican-American experience. In every borough
24 and every county of our great state,
25 Mexican-Americans enrich our communities. In
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1 celebrating Cinco de Mayo, we recognize the
2 myriad contributions and strengthen the
3 innumerable ties that bind us.
4 Today let's remember that the
5 United States and Mexico are not simply
6 neighbors bound by geography and history,
7 we're two societies that are woven together by
8 millions of families and friends, by common
9 interests and a shared future. And although
10 today is el tercero de Mayo, or the third of
11 May, I want to wish everyone a happy Cinco de
12 Mayo.
13 So thank you very much,
14 Mr. President.
15 ACTING PRESIDENT GRIFFO: Thank
16 you, Senator Peralta.
17 The question is on the resolution.
18 All in favor signify by saying aye.
19 (Response of "Aye.")
20 ACTING PRESIDENT GRIFFO:
21 Opposed?
22 (No response.)
23 ACTING PRESIDENT GRIFFO: The
24 resolution is adopted.
25 Senator Libous.
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1 SENATOR LIBOUS: Mr. President, I
2 believe that Senator Peralta has another
3 resolution at the desk. May we have the title
4 read and move for its immediate adoption.
5 ACTING PRESIDENT GRIFFO: The
6 Secretary will read.
7 THE SECRETARY: Legislative
8 Resolution Number 1438, by Senator Peralta,
9 commemorating the 200th Anniversary of the
10 Independence of the Republic of Paraguay.
11 ACTING PRESIDENT GRIFFO: The
12 question is on the resolution. All in favor
13 signify by saying aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT GRIFFO:
16 Opposed?
17 (No response.)
18 ACTING PRESIDENT GRIFFO: The
19 resolution is adopted.
20 Senator Libous.
21 SENATOR LIBOUS: Mr. President, I
22 believe that there's a resolution at the desk
23 by Senator Perkins, Number 1536. May we
24 please have the title read and call on Senator
25 Perkins.
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1 ACTING PRESIDENT GRIFFO: The
2 Secretary will read.
3 THE SECRETARY: Legislative
4 Resolution Number 1536, by Senator Perkins,
5 mourning the death of Grete Waitz, an
6 outstanding athlete and marathon icon, and
7 recognizing the significance of her life
8 accomplishments.
9 ACTING PRESIDENT GRIFFO: Senator
10 Perkins.
11 SENATOR PERKINS: Thank you very
12 much. I just want to briefly make some
13 remarks.
14 Grete Waitz was an exceptional
15 athlete and marathon icon who distinguished
16 herself through her outstanding achievements
17 in worldwide athletic competitions. Some of
18 you may know that I have occasionally run
19 marathons myself, and she was someone that was
20 very influential with me in terms of the
21 efforts that I've made to do that.
22 She continually excelled in her
23 sport throughout her career. At the age of
24 17, she won the national junior titles in
25 Norway for 400 and 800-meter races. She set
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1 the European junior record for the 1500-meters
2 race with a time of 4:17. She won a Bronze
3 Medal at the European Championship in 1974.
4 She set a new record in '75 in the 3000-meters
5 race in Oslo, Norway, with a time of 8:46:6,
6 eight hours, 46 minutes, 6 seconds. She won a
7 Gold Medal in 1977 for the 3000-meters race at
8 the IAAF World Cup in Dusseldorf, Germany.
9 She began running in the New York City
10 marathon in 1978, when she went on to win nine
11 races. I started in 1979.
12 Grete is widely acknowledged for
13 helping to promote marathon and long-distance
14 running for women. In Norway, she is a
15 sporting legend, having an annual race named
16 in her honor. And the New York Road Runners
17 Club annually sponsors "Grete's Great Gallop,"
18 a half-marathon dedicated in her honor.
19 After being diagnosed with cancer
20 in 2005, Grete established the cancer care
21 foundation called "Active Against Cancer" in
22 2007.
23 Grete Waitz leaves behind a legacy
24 which will long endure the passage of time and
25 will remain as a comforting memory to all who
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1 knew her or have been affected by her work.
2 She was one that I believe single-handedly
3 opened up long-distance running, especially
4 marathon running, for women not only in this
5 state but throughout the world. She has
6 recently passed, but she has left behind a
7 great, great legacy, a great tribute not just
8 to the sport but to the role that women can
9 play as athletes and what you can give back to
10 the community.
11 Thank you very much.
12 ACTING PRESIDENT GRIFFO: The
13 question is on the resolution. All in favor
14 signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT GRIFFO:
17 Opposed?
18 (No response.)
19 ACTING PRESIDENT GRIFFO: The
20 resolution is adopted.
21 Senator Libous.
22 SENATOR LIBOUS: Thank you,
23 Mr. President.
24 Mr. President, I believe that there
25 is another resolution at the desk by Senator
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1 Perkins. And if we could read it in its
2 entirety and then call on Senator Perkins.
3 ACTING PRESIDENT GRIFFO: The
4 Secretary will read.
5 THE SECRETARY: Legislative
6 Resolution Number 1537, by Senator Perkins,
7 commemorating the 112th birthday of Edward
8 Kennedy "Duke" Ellington and his tremendous
9 contributions to music of the 20th century,
10 specifically jazz, blues and gospel.
11 "WHEREAS, It is the sense of this
12 Legislative Body to recognize and commend
13 those musical geniuses who brought
14 entertainment and cultural enrichment to the
15 citizens of the great Empire State; and
16 "WHEREAS, Edward Kennedy Ellington
17 was born on April 29, 1899, to James Edward
18 Ellington and Daisy Kennedy Ellington. Daisy
19 and James Edward were both pianists; and
20 "WHEREAS, At the age of seven,
21 Edward Kennedy Ellington began taking piano
22 lessons. His mother surrounded him with
23 dignified women to reinforce his manners and
24 taught him to live elegantly; and
25 "WHEREAS, Edward Kennedy
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1 Ellington's childhood friends noticed that
2 'his casual, offhand manner, easy grace, and
3 his dapper dress gave him the bearing of a
4 young nobleman.' They began calling him
5 'Duke.' Duke credited his 'chum' Edgar
6 McEntree for the nickname; and
7 "WHEREAS, Duke Ellington once
8 stated, 'I think he felt that in order for me
9 to be eligible for his constant companionship,
10 I should have a title. So he called me Duke';
11 and
12 "WHEREAS, A prominent figure in the
13 history of jazz, Duke Ellington's music
14 stretched into various other genres, including
15 blues, gospel, film scores, popular, and
16 classical. His career spanned more than
17 50 years and included leading his orchestra,
18 composing an inexhaustible songbook, attaining
19 credits for movies, and composing stage
20 musicals and world tours; and
21 "WHEREAS, Duke Ellington's work has
22 come to be recognized as a cornerstone of
23 American culture and heritage. He is widely
24 regarded as the most important composer in
25 jazz, and was also a galvanizing bandleader
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1 who inspired many of his musicians to produce
2 their best work, whilst himself being a
3 significant exponent of jazz piano; and
4 "WHEREAS, When asked what inspired
5 him to write, Duke Ellington had replied, 'My
6 men and my race are the inspiration of my
7 work. I try to catch the character and mood
8 and feeling of my people'; and
9 "WHEREAS, Thanks to his inventive
10 use of the orchestra, or big band, and thanks
11 to his eloquence and extraordinary charisma,
12 Duke Ellington is generally considered to have
13 elevated the perception of jazz to an art form
14 on a par with other traditional genres of
15 music; and
16 "WHEREAS, Duke Ellington influenced
17 millions of people both at home and around the
18 world. He gave American music its own sound
19 for the first time. Throughout his 50-year
20 career, he played over 20,000 performances in
21 Europe, Latin America, the Middle East as well
22 as Asia; and
23 "WHEREAS, Duke Ellington was
24 awarded the Grammy Lifetime Achievement Award
25 in 1966. He was later awarded several other
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1 prizes, the U.S. Presidential Medal of Freedom
2 in 1969, and the Legion of Honor by France in
3 1973, the highest civilian honors in each
4 country; and
5 "WHEREAS, Duke Ellington died on
6 May 24, 1974, a month after his 75th birthday,
7 and is buried in the Bronx, New York City. At
8 his funeral, attended by over 12,000 people at
9 the Cathedral of St. John the Divine, located
10 in Harlem, New York, Ella Fitzgerald summed up
11 the occasion by stating, It's a very sad
12 day ... A genius has passed'; and
13 "WHEREAS, Formerly named 'Frawley
14 Circle,' the traffic circle located at
15 5th Avenue and 110th Street in Harlem,
16 New York, was renamed 'Duke Ellington Circle'
17 in 1995. In 1997, a 25-foot tall statue by
18 sculptor Robert Graham of Duke Ellington was
19 erected in the middle of the amphitheater
20 composing the circle; and
21 "WHEREAS, In 1986, a dramatic
22 stamp-image portrayal of the beloved American
23 composer and bandleader Duke Ellington was
24 designed by Texas-born artist James Sharpe,
25 and its April 1986 release not only
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1 represented the first U.S. Postal Service
2 issue of a jazz-themed image, but the
3 introduction of its design also served as only
4 the second U.S. stamp-image to feature an
5 African-American from the field of musical
6 arts; and
7 "WHEREAS, In 2008, the honor was
8 bestowed on Duke Ellington once again with the
9 issuance of another U.S. postage stamp titled
10 'Black Cinema USA 42' for his film 'Black and
11 Tan'; and
12 "WHEREAS, On February 24, 2009, the
13 United States Mint launched a new coin
14 featuring Duke Ellington, making him the first
15 African-American to appear alone on a
16 circulating United States coin; now,
17 therefore, be it
18 "RESOLVED, That this Legislative
19 Body pause in its deliberations to commemorate
20 the 112th birthday of Edward Kennedy 'Duke'
21 Ellington, a legendary musician and one of the
22 most influential African-Americans in the
23 history of this state, this country, and the
24 world; and be it further
25 "RESOLVED, That a copy of this
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1 resolution, suitably engrossed, be transmitted
2 to the family of Edward Kennedy 'Duke'
3 Ellington."
4 ACTING PRESIDENT GRIFFO: Senator
5 Perkins.
6 SENATOR PERKINS: Thank you
7 again, Mr. President. I'll be brief.
8 I just wanted to, from a very
9 personal family point of view, recognize how
10 pervasive Duke Ellington's presence was in our
11 home and in our community. And when we think
12 of jazz, we cannot but think of Duke
13 Ellington. He is a legendary musician and one
14 of the most influential African-Americans in
15 the history this state, this country and the
16 world.
17 And I would invite all my
18 colleagues to please join me in signing onto
19 supporting the resolution. Thank you.
20 ACTING PRESIDENT GRIFFO: The
21 question is on the resolution. All in favor
22 signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT GRIFFO:
25 Opposed?
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1 (No response.)
2 ACTING PRESIDENT GRIFFO: The
3 resolution is adopted.
4 Senator Libous.
5 SENATOR LIBOUS: Mr. President, I
6 believe that Senator Larkin has Resolution
7 Number 1550 at the desk. Could we have its
8 title read and ask Senator Larkin for
9 comments.
10 ACTING PRESIDENT GRIFFO: The
11 Secretary will read.
12 THE SECRETARY: Legislative
13 Resolution Number 1550, by Senator Larkin,
14 expressing appreciation to the U.S. Postal
15 Service upon the occasion of its announcement
16 of the classification of the Purple Heart
17 postage stamp as a Forever Stamp.
18 ACTING PRESIDENT GRIFFO: Senator
19 Larkin.
20 SENATOR LARKIN: Thank you,
21 Mr. President.
22 You know, I stand here with a lot
23 of pride today and a heartfelt thanks to a lot
24 of people across America and across this
25 planet.
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1 In January 2000 I asked about
2 25 people to join me at the Orange County
3 legislature, and our purpose was to discuss a
4 team to put together of how do we go about
5 getting a stamp to honor the American men and
6 women who have been wounded or killed in
7 combat.
8 In January 2000, ladies and
9 gentlemen, we weren't at war. A lot of people
10 wanted everything to settle down. I had a few
11 people say, Forget it, you know, my father is
12 dead and my brother is sick and this here.
13 But we decided that this was the appropriate
14 time.
15 The Postal Department told us that
16 we could wait for you-know-who to freeze over,
17 Michael. And what happened? We started a
18 campaign.
19 The United States Military
20 Academy -- we had the cadets up here last
21 week -- in the first month, January through
22 February, West Point produced 2500 letters in
23 support of it. The Postal Service doesn't
24 take petitions, so consequently you couldn't
25 have it done in a quick way of saying how many
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1 people supported a Purple Heart stamp.
2 We worked feverishly to get this
3 stamp approved. And before I go any further,
4 I want to especially mention one person who
5 worked harder than most people you'd ever
6 imagine.
7 In February 2001, after being
8 elected to the United States Senate, Senator
9 Hillary Clinton came to Orange County to a
10 meeting we had. She saw everybody wearing the
11 badge that said "Purple Heart Stamp," "Purple
12 Heart Stamp." She grabbed me and she said,
13 "What is this all about?" I told her, and she
14 said to her aide, "Find us a room." We
15 briefed her on where we were at, what was our
16 goal, how were we going to get it.
17 I'm gonna tell you, at 3 o'clock
18 that afternoon I had a call from the Postal
19 Department that said "Did you know that
20 Senator Clinton, former First Lady, is now a
21 member of your task force?" I said "Yes, and
22 I'm very proud."
23 She did a lot of work. She didn't
24 like her name in the paper about it all the
25 time, but she did it.
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1 But this was something that you
2 were thinking about if you've ever been in
3 combat and you saw somebody killed or wounded.
4 I've experienced that. And you experience it
5 writing to the families to tell them about it.
6 As of the first of April, we have
7 1.9 million Americans since the start of
8 World War II that are recipients of the Purple
9 Heart for being wounded or killed in combat.
10 This is [noise from door] -- I'm
11 going to shut that in a minute and make
12 somebody really pissed off.
13 This is a serious matter. Eleven
14 and a half years it took us to convince the
15 Postal Department to honor men and women of
16 our armed forces who shed blood for this great
17 country of ours. And now, ten days ago, the
18 Postal Department called, and it was like a
19 quarter to 10 at night. And I said to my
20 wife, "That's some joke somebody's playing."
21 She said, "It's Mr. McDonald."
22 So I picked it up, and he said:
23 "Lark, I've got good news and bad news for
24 you. The good news is the vote today was
25 unanimous for the Purple Heart to be a Forever
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1 Stamp. The bad news is you can't do it until
2 after the fifth of May."
3 The fifth of May is two days from
4 now. And on an aircraft carrier out in
5 San Diego, they will open up the stamp in
6 honor of Lieutenant Murphy, from Long Island,
7 who just received last year the Congressional
8 Medal of Honor.
9 So I thank everybody. There's a
10 lot of people, I don't want to miss names, but
11 there was a lot of people here that helped us,
12 both sides of the aisle, because they knew it
13 was the right thing to do. But in a couple of
14 days you'll be able to go downstairs to the
15 post office and get those stamps. There'll
16 also be a special medal for you to wear.
17 But most important, by the purchase
18 of this stamp or the medal, you will be saying
19 to America and its armed services, dead and
20 alive: Thank you for your commitment to our
21 country.
22 May God bless America.
23 ACTING PRESIDENT GRIFFO: Thank
24 you, Senator Larkin, for your efforts and your
25 leadership.
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1 The question is on the resolution.
2 All in favor signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT GRIFFO:
5 Opposed?
6 (No response.)
7 ACTING PRESIDENT GRIFFO: The
8 resolution is adopted.
9 Senator Libous.
10 SENATOR LIBOUS: Mr. President,
11 there's a privileged resolution at the desk by
12 Senator Adams. Could we have the title read
13 and move for its immediate adoption.
14 ACTING PRESIDENT GRIFFO: The
15 Secretary will read.
16 THE SECRETARY: Legislative
17 resolution by Senator Adams, honoring the
18 Business Outreach Center Network upon the
19 occasion of its 2011 Celebrating
20 Entrepreneurship Luncheon commemorating
21 15 years of helping low and moderate income
22 entrepreneurs.
23 ACTING PRESIDENT GRIFFO: The
24 question is on the resolution. All in favor
25 signify by saying aye.
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1 (Response of "Aye.")
2 ACTING PRESIDENT GRIFFO:
3 Opposed?
4 (No response.)
5 ACTING PRESIDENT GRIFFO: The
6 resolution is adopted.
7 Senator Libous.
8 SENATOR LIBOUS: Mr. President,
9 could we now take up the reading of the
10 noncontroversial calendar.
11 ACTING PRESIDENT GRIFFO: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 8, by Senator Golden, Senate Print 638, an act
15 to amend the Real Property Tax Law.
16 ACTING PRESIDENT GRIFFO: Read
17 the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT GRIFFO: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 20, by Senator Fuschillo, Senate Print 526A,
3 an act to amend the Vehicle and Traffic Law.
4 ACTING PRESIDENT GRIFFO: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect one year after it shall
8 have become law.
9 ACTING PRESIDENT GRIFFO: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 60.
13 ACTING PRESIDENT GRIFFO: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 22, by Senator Fuschillo, Senate Print 600A,
17 an act to amend the Vehicle and Traffic Law.
18 ACTING PRESIDENT GRIFFO: Read
19 the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the first of
22 November.
23 ACTING PRESIDENT GRIFFO: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT GRIFFO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 27, by Senator Johnson, Senate Print 1208, an
6 act to amend the Vehicle and Traffic Law.
7 ACTING PRESIDENT GRIFFO: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the first of
11 November.
12 ACTING PRESIDENT GRIFFO: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59. Nays,
16 1. Senator Duane recorded in the negative.
17 ACTING PRESIDENT GRIFFO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 50, by Senator Marcellino, Senate Print 939,
21 an act to amend the Vehicle and Traffic Law.
22 ACTING PRESIDENT GRIFFO: Read
23 the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect on the first of
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2811
1 November.
2 ACTING PRESIDENT GRIFFO: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 59. Nays,
6 1. Senator Parker recorded in the negative.
7 ACTING PRESIDENT GRIFFO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 117, by Senator Young, Senate Print 767, an
11 act to amend the Labor Law.
12 ACTING PRESIDENT GRIFFO: Read
13 the last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 54. Nays,
20 6. Senators Avella, Duane, Montgomery,
21 Peralta, Rivera and Savino recorded in the
22 negative.
23 ACTING PRESIDENT GRIFFO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 129, by Senator Marcellino, Senate Print 998B,
2 an act to amend the Vehicle and Traffic Law.
3 ACTING PRESIDENT GRIFFO: Read
4 the last section.
5 THE SECRETARY: Section 7. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT GRIFFO: Senator
11 Marcellino to explain his vote.
12 SENATOR MARCELLINO: Thank you,
13 Mr. President. I rise to explain my vote on
14 this bill.
15 This is an important --
16 ACTING PRESIDENT GRIFFO: Senator
17 Marcellino, one second, please.
18 Can we have some order in the
19 chamber, please. Thank you.
20 Senator Marcellino.
21 SENATOR MARCELLINO: Thank you,
22 Mr. President.
23 The bill that we are passing today
24 making texting while driving a primary offense
25 would seem to be a no-brainer, but in fact it
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1 is not. Too many people are dying, too many
2 people are being maimed or injured on our
3 roads, nationwide and in our state.
4 Everyone can speak to an occasion
5 where they know of someone who was either
6 injured or hurt by someone who was texting
7 while driving or talking on a cellphone while
8 driving. These are dangerous things and
9 should not be done.
10 This law will make it easier for
11 law enforcement to enforce existing law and to
12 save lives. That is the motivation of this
13 bill, that is its primary function, to save
14 lives.
15 The lives we save with this bill
16 are primarily young people under the age of 20
17 who are engaging in the activity of texting,
18 which has become a phenomenon of recent years
19 and did not exist, frankly, when we did the
20 cellphone ban. So we're bringing our laws up
21 to meet with technology and hopefully we will,
22 in so doing, save as many lives as possible,
23 to bring the word forward.
24 We've got a same-as sponsor in the
25 Assembly, Harvey Weisenberg. Assemblyman
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1 Weisenberg is carrying it in the Assembly. He
2 tells me he can pass it over there. We are
3 looking forward to the Governor signing this
4 bill into law and the saving of many, many
5 lives of our constituents and our residents in
6 this great State of New York.
7 Thank you and God bless, and I
8 thank my colleagues for supporting this
9 legislation.
10 ACTING PRESIDENT GRIFFO: Senator
11 Marcellino to be recorded in the affirmative.
12 Senator Fuschillo.
13 SENATOR FUSCHILLO: Thank you
14 very much, Mr. President.
15 I want to compliment my colleague
16 Senator Marcellino for this, and for his
17 leadership in banning the use of cellphones in
18 cars. This is just another measure to protect
19 individuals.
20 Every single day when we drive on
21 our roads, especially my colleagues here in
22 the Senate, when we drive home, whether any
23 particular part of the state, when we see a
24 car in the left lane all of a sudden going
25 down to 50 miles an hour or 45 miles an hour,
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1 we know that they've picked up a cellphone or
2 they're texting.
3 The federal government has ruled
4 that texting is almost as dangerous as drunk
5 driving. And what Senator Marcellino is doing
6 here today in making the offense of texting a
7 primary offense is critically important to aid
8 law enforcement to properly punish the
9 violators that are putting individuals' lives
10 at risk.
11 I compliment my colleague on his
12 leadership on this issue for many years, and
13 I'll be voting in the affirmative.
14 ACTING PRESIDENT GRIFFO: Senator
15 Fuschillo to be recorded in the affirmative.
16 Senator Libous. Senator Alesi;
17 Senator Libous yields.
18 SENATOR ALESI: Thank you. Thank
19 you, Senator Libous.
20 We learn by experience. And the
21 experience that people in my community went
22 through a couple of years ago when five
23 beautiful young women were killed in a fiery
24 crash that they speculate was caused by
25 texting, should teach us, teach us as we look
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1 around the country that over and over and over
2 again we see the dangers of texting while
3 driving and how they affect our families and
4 motorists in New York State.
5 We have an obligation here as
6 members of the Senate to do what we can to
7 protect the public. And this is one of those
8 times when we look back at the seat belt bill
9 that most people were opposed to in the
10 beginning. We realize now how important that
11 legislation was in saving lives.
12 The bill that Senator Marcellino
13 has taken such a strong leadership position on
14 also includes a component for educating young
15 people. In fact, it requires the DMV, in the
16 application for license, to provide
17 educational materials on the dangers of
18 texting. It requires DMV to even include a
19 question on the final licensing exam.
20 So that we're not only looking to
21 deter people by giving law enforcement a
22 primary objective when they pull people over,
23 we're looking not only to deter people from
24 texting by giving them a $150 fine, but we're
25 taking a positive, proactive measure by
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1 educating young people who are now applying
2 for licenses to make it clear to them how
3 dangerous this is.
4 This will now be an amendment to
5 the Vehicle and Traffic Law, just as the
6 drinking and driving and just as seat belts,
7 all of those things that are meant to help
8 people.
9 And I know that people will be
10 opposed to this, some of them will. But as I
11 said, we learn by our experience, and our
12 experience tells us that this is vitally
13 necessary to pass this bill.
14 And I applaud Senator Marcellino
15 for his leadership. I encourage my colleagues
16 to join in voting yes on this bill.
17 ACTING PRESIDENT GRIFFO: Senator
18 Marcellino to be recorded in the affirmative.
19 Senator Little to explain her
20 vote -- Senator Little passes.
21 Senator Libous to explain his vote.
22 SENATOR LIBOUS: Thank you,
23 Mr. President. I too want to congratulate
24 Senator Marcellino.
25 You know, when the original bill
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1 was passed on this floor, I voted against it,
2 the talking on the phone in the car. And I
3 kind of regret that I've done that, because I
4 have seen a number of traffic fatalities
5 because of it. I have seen people, as Senator
6 Fuschillo said, even now, traveling to Albany
7 this week, as I'm moving along doing the speed
8 limit, the car in front of me all of a sudden
9 slows down and veers off to the right, comes
10 back in. As I pass the car, the young lady
11 was talking on her cellphone.
12 That's just talking on your
13 cellphone. We're talking about texting. This
14 is a good bill. People should not be doing
15 other things while they're driving a car.
16 They should be paying attention to the road.
17 They should be paying attention to what
18 they're doing inside of their vehicle. They
19 should not be texting. They should not be
20 holding a phone to their ear -- obviously,
21 it's legal if it's hands-free. They should
22 not be doing those things.
23 Senator Marcellino, you're on
24 point, as Senator Alesi said. We have lost
25 lives tragically because of those individuals
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1 who feel that it's necessary to send a friend
2 a text message while they're driving in a car.
3 I support this bill wholeheartedly
4 and would urge my colleagues to think very
5 seriously and vote yes for this.
6 ACTING PRESIDENT GRIFFO: Senator
7 Libous to be recorded in the affirmative.
8 Senator Kennedy to explain his
9 vote.
10 SENATOR KENNEDY: Thank you,
11 Mr. President.
12 First of all, let me thank Senator
13 Marcellino for his leadership on this
14 extremely important issue.
15 I want to also thank Senator
16 Fuschillo, the chair of the Transportation
17 Committee. It was actually on my first day
18 here at the Senate, I hadn't yet met Senator
19 Fuschillo, and I approached him about this
20 issue. This issue is extraordinarily
21 important for public safety in Western
22 New York and across New York State.
23 And Senator Fuschillo said to me,
24 "We're going to pass a bill, and it's going to
25 be Senator Marcellino's bill." Because
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1 there's so many different bills that are out
2 there, we as a Senate, Democrat and
3 Republican, need to come to a conclusion on
4 what's the strongest bill that makes the most
5 sense that is going to help to cure the
6 epidemic that has become texting and driving.
7 And it has become an epidemic,
8 across New York State and across the United
9 States. The statistics are staggering.
10 Thousands of individuals have lost their lives
11 due to texting and driving and distracted
12 driving across the nation and across this
13 state.
14 As Senator Alesi has already
15 mentioned in his district, it hit home in his
16 district. It hit home in my district. A
17 young man, 21 years old, his name is A.J.
18 Larson, lost his life tragically texting and
19 driving -- rolling a stop sign, hit by an
20 oncoming vehicle. His mother, Kelly Cline,
21 has made it her life's work since that moment
22 to create an environment on the state level,
23 on the national level, and unfortunately on a
24 local level because in the past the state has
25 failed to act.
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1 And we cannot fail to act once
2 again today. And it is our opportunity today
3 to embrace this legislation, to embrace public
4 safety, to create an environment that's going
5 to be safer -- for individuals of all ages,
6 but especially the youth of this state.
7 If you look at the statistics, the
8 statistics actually double when you change the
9 age level to which you acquire the
10 information. So the amount of injuries and
11 accidents that are caused by texting while
12 driving doubles when you change the age factor
13 from 18 to 60 years old to 18 to 35 years old.
14 This is technology that has
15 advanced. Today's legislation is catching up
16 with technology, creating a safer environment
17 for all individuals of all ages that are on
18 the road every single day.
19 I want to thank Kelly Cline for her
20 advocacy on this important issue. Recently
21 she spearheaded a group called Families
22 Against Texting While Driving. I urge my
23 fellow Senators and I urge the public to join
24 Families Against Texting While Driving to
25 further advance this important issue into the
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1 New York State Assembly, where Assemblymember
2 Weisenberg is carrying this mirroring bill
3 that will allow us eventually to get the
4 signing legislation this session.
5 Thank you very much.
6 ACTING PRESIDENT GRIFFO: Senator
7 Kennedy to be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: Ayes, 57. Nays,
10 3. Senators Montgomery, Parker and Savino
11 recorded in the negative.
12 ACTING PRESIDENT GRIFFO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 214, by Senator LaValle, Senate Print 3576, an
16 act to amend the Real Property Tax Law.
17 ACTING PRESIDENT GRIFFO: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 60.
25 ACTING PRESIDENT GRIFFO: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 216, by Senator Krueger, Senate Print 888, an
4 act to amend the Criminal Procedure Law.
5 ACTING PRESIDENT GRIFFO: Read
6 the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 30th day.
9 ACTING PRESIDENT GRIFFO: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 60.
13 ACTING PRESIDENT GRIFFO: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 253, by Senator Bonacic, Senate Print 3099A,
17 an act to amend the Vehicle and Traffic Law.
18 ACTING PRESIDENT GRIFFO: Read
19 the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT GRIFFO: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 59. Nays,
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1 1. Senator Parker recorded in the negative.
2 ACTING PRESIDENT GRIFFO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 306, by Senator Skelos, Senate Print 1543, an
6 act to amend the Penal Law.
7 ACTING PRESIDENT GRIFFO: Read
8 the last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect on the first of
11 November.
12 ACTING PRESIDENT GRIFFO: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59. Nays,
16 1. Senator Parker recorded in the negative.
17 ACTING PRESIDENT GRIFFO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 337, by Senator Martins, Senate Print 3060, an
21 act to authorize the Town of North Hempstead.
22 ACTING PRESIDENT GRIFFO: Read
23 the last section.
24 THE SECRETARY: Section 5. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT GRIFFO: There
2 is a home-rule message at the desk.
3 Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT GRIFFO: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 338, by Senator Nozzolio, Senate Print 3488,
10 an act authorizing the Town of Webster.
11 ACTING PRESIDENT GRIFFO: There
12 is a home-rule message at the desk.
13 Read the last section.
14 THE SECRETARY: Section 7. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT GRIFFO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 345, substituted earlier today by Member of
24 the Assembly Jaffee, Assembly Print Number
25 668, an act to amend the Environmental
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1 Conservation Law.
2 ACTING PRESIDENT GRIFFO: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT GRIFFO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 365, by Senator Grisanti, Senate Print 2478,
14 an act to amend the Education Law.
15 ACTING PRESIDENT GRIFFO: Read
16 the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT GRIFFO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 373, by Senator Huntley, Senate Print 3022, an
2 act to amend the Vehicle and Traffic Law.
3 ACTING PRESIDENT GRIFFO: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of
7 November.
8 ACTING PRESIDENT GRIFFO: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT GRIFFO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 381, by Senator Golden, Senate Print 2923, an
16 act to amend the Education Law.
17 ACTING PRESIDENT GRIFFO: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect January 1, 2012.
21 ACTING PRESIDENT GRIFFO: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 58. Nays,
25 2. Senators Little and Ritchie recorded in
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1 the negative.
2 ACTING PRESIDENT GRIFFO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 388, by Senator Ranzenhofer, Senate Print
6 4124, an act to amend the Public Health Law.
7 ACTING PRESIDENT GRIFFO: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 59. Nays,
15 1. Senator Duane recorded in the negative.
16 ACTING PRESIDENT GRIFFO: The
17 bill is passed.
18 Senator Libous, that completes the
19 noncontroversial reading of the calendar.
20 SENATOR LIBOUS: Mr. President,
21 is there any other business at the desk?
22 ACTING PRESIDENT GRIFFO: There
23 is none.
24 SENATOR LIBOUS: Mr. President, I
25 have an announcement.
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1 Tomorrow, on May 4th, we will have
2 our Senate picture taken. We would ask that
3 members be here 10 minutes early, if they
4 could, because it will take 20 minutes for us
5 to get organized and get the picture taken.
6 So tomorrow will be our annual
7 Senate picture. I would ask everybody to be
8 here 10 minutes early, if they can.
9 And, Mr. President, there being no
10 further business at the desk, I move that we
11 adjourn until tomorrow, May 4th, at
12 11:00 a.m., and Senate picture at 10:50.
13 ACTING PRESIDENT GRIFFO: The
14 announcement is to be noted that there will be
15 a Senate picture and all members should be
16 present at 10:50 a.m.
17 And on motion, the Senate stands
18 adjourned until Wednesday, May 4th, at
19 11:00 a.m. Senate adjourned.
20 (Whereupon, at 4:13 p.m., the
21 Senate adjourned.)
22
23
24
25
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