Regular Session - May 3, 2011

                                                            2770



         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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         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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