Regular Session - May 4, 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 4, 2011
11 11:29 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR CARL L. MARCELLINO, 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 MARCELLINO: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite with me the Pledge of
6 Allegiance to our country.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT MARCELLINO: In
10 the absence of clergy, may we bow our heads in
11 a moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT MARCELLINO: May
15 we have the reading of the Journal.
16 THE SECRETARY: In Senate,
17 Tuesday, May 3, the Senate met pursuant to
18 adjournment. The Journal of Monday, May 2,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT MARCELLINO:
22 Without objection, the Journal stands approved
23 as read.
24 Presentation of petitions.
25 Messages from the Assembly.
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1 The Secretary will read.
2 THE SECRETARY: On page 36,
3 Senator Gallivan moves to discharge, from the
4 Committee on Investigations and Government
5 Operations, Assembly Bill Number 5150 and
6 substitute it for the identical Senate Bill
7 Number 3241, Third Reading Calendar 360.
8 ACTING PRESIDENT MARCELLINO:
9 Substitution is ordered.
10 If we could have some silence in
11 the chamber, this would of assistance to the
12 stenographer, who has to take the record.
13 Messages from the Governor.
14 Reports of standing committees.
15 Reports of select committees.
16 Communications and reports from
17 state officers.
18 Motions and resolutions.
19 Senator Breslin.
20 SENATOR BRESLIN: Thank you,
21 Mr. President.
22 On behalf of Senator Peralta, I
23 move that the following bills be discharged
24 from their respective committees and be
25 recommitted with instructions to strike the
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1 enacting clause: Bills 1019 and 606.
2 ACTING PRESIDENT MARCELLINO: So
3 ordered.
4 SENATOR BRESLIN: Thank you,
5 Mr. President.
6 ACTING PRESIDENT MARCELLINO:
7 Senator Libous.
8 SENATOR LIBOUS: Thank you,
9 Mr. President.
10 On behalf of Senator Fuschillo, on
11 page 39 I offer the following amendments to
12 Calendar Number 387, Senate Print 3461A, and
13 ask that said bill retain its place on the
14 Third Reading Calendar.
15 ACTING PRESIDENT MARCELLINO: The
16 amendments are received and adopted, and the
17 bill will retain its place on the Third
18 Reading Calendar.
19 SENATOR LIBOUS: Thank you,
20 Mr. President.
21 On behalf of Senator Martins, on
22 page 37 I offer the following amendments to
23 Calendar Number 369, Senate Print Number 4434,
24 and ask that said bill retain its place on the
25 Third Reading Calendar.
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1 ACTING PRESIDENT MARCELLINO: The
2 bill will retain its place on the Third
3 Reading Calendar, and the amendments are
4 accepted.
5 SENATOR LIBOUS: On behalf of
6 Senator Alesi, on page 30 I offer the
7 following amendments to Calendar Number 264,
8 Senate Print 3736, and ask that said bill
9 retain its place on the Third Reading
10 Calendar.
11 ACTING PRESIDENT MARCELLINO: The
12 bill will retain its place on the Third
13 Reading Calendar, and the amendments are
14 accepted.
15 SENATOR LIBOUS: And,
16 Mr. President, on behalf of myself, Senator
17 Libous, on page 35 I offer the following
18 amendments to Calendar Number 343, Senate
19 Print 3137, and ask that said bill retain its
20 place on the Third Reading Calendar.
21 ACTING PRESIDENT MARCELLINO: The
22 bill will retain its place on the Third
23 Reading Calendar, and the amendments are
24 accepted.
25 Senator Libous.
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1 SENATOR LIBOUS: Mr. President,
2 there are three privileged resolutions at the
3 desk by Senator Golden. May we please have
4 the titles read and move for their immediate
5 adoption, please.
6 ACTING PRESIDENT MARCELLINO: The
7 Secretary will read the titles only.
8 THE SECRETARY: Legislative
9 resolution by Senator Golden, honoring Anthony
10 L. DiMango, D.D.S., upon the occasion of his
11 designation as recipient of the Physician
12 Award by Lutheran HealthCare.
13 ACTING PRESIDENT MARCELLINO:
14 Read the next one.
15 THE SECRETARY: Legislative
16 resolution by Senator Golden, honoring
17 President Wendy Z. Goldstein upon the occasion
18 of her designation for special recognition by
19 Lutheran HealthCare.
20 And legislative resolution by
21 Senator Golden, commending Frenkel & Company
22 upon the occasion of its designation as
23 recipient of the Corporate Award by Lutheran
24 HealthCare.
25 ACTING PRESIDENT MARCELLINO: All
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1 in favor of approving the resolutions as read
2 signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT MARCELLINO:
5 Opposed, nay.
6 (No response.)
7 ACTING PRESIDENT MARCELLINO: The
8 resolutions are approved.
9 Senator Libous.
10 SENATOR LIBOUS: Mr. President,
11 at this time I believe that Senator Sampson
12 has several privileged resolutions at the
13 desk. At this time could we read the titles
14 of the resolutions and move for their
15 immediate adoption.
16 ACTING PRESIDENT MARCELLINO: The
17 Secretary will read all the titles.
18 THE SECRETARY: Legislative
19 resolution by Senator Sampson, honoring Melba
20 P. Brown upon the occasion of her designation
21 for special recognition at the Fourth Annual
22 Salute to Women of Valor on May 12, 2011.
23 Legislative resolution by Senator
24 Sampson, honoring Lucinda Clarke upon the
25 occasion of her designation for special
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1 recognition at the Fourth Annual Salute to
2 Women of Valor on May 12, 2011.
3 Legislative resolution by Senator
4 Sampson, honoring Maria Garrett upon the
5 occasion of her designation for special
6 recognition at the Fourth Annual Salute to
7 Women of Valor on May 12, 2011.
8 Legislative resolution by Senator
9 Sampson, honoring Florence Hirsh upon the
10 occasion of her designation for special
11 recognition at the Fourth Annual Salute to
12 Women of Valor on May 12, 2011.
13 Legislative resolution by Senator
14 Sampson, honoring Juanita Holmes upon the
15 occasion of her designation for special
16 recognition at the Fourth Annual Salute to
17 Women of Valor on May 12, 2011.
18 Legislative resolution by Senator
19 Sampson, honoring Tina Johnson upon the
20 occasion of her designation for special
21 recognition at the Fourth Annual Salute to
22 Women of Valor on May 12, 2011.
23 Legislative resolution by Senator
24 Sampson, honoring Doreen McIntosh upon the
25 occasion of her designation for special
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1 recognition at the Fourth Annual Salute to
2 Women of Valor on May 12, 2011.
3 Legislative resolution by Senator
4 Sampson, honoring Maria Ortega upon the
5 occasion of her designation for special
6 recognition at the Fourth Annual Salute to
7 Women of Valor on May 12, 2011.
8 Legislative resolution by Senator
9 Sampson, honoring Sue Rock upon the occasion
10 of her designation for special recognition at
11 the Fourth Annual Salute to Women of Valor on
12 May 12, 2011.
13 Legislative resolution by Senator
14 Sampson, honoring Tiffany Tucker upon the
15 occasion of her designation for special
16 recognition at the Fourth Annual Salute to
17 Women of Valor on May 12, 2011.
18 Legislative resolution by Senator
19 Sampson, honoring Latrice Walker upon the
20 occasion of her designation for special
21 recognition at the Fourth Annual Salute to
22 Women of Valor on May 12, 2011.
23 And legislative resolution by
24 Senator Sampson, honoring Mary Wilson upon the
25 occasion of her designation for special
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1 recognition at the Fourth Annual Salute to
2 Women of Valor on May 12, 2011.
3 ACTING PRESIDENT MARCELLINO: All
4 in favor of the resolutions as read signify by
5 saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT MARCELLINO: All
8 opposed, nay.
9 (No response.)
10 ACTING PRESIDENT MARCELLINO: The
11 ayes have it. The resolutions are approved.
12 Senator Libous.
13 SENATOR LIBOUS: Thank you,
14 Mr. President.
15 ACTING PRESIDENT MARCELLINO: You
16 are welcome.
17 SENATOR LIBOUS: Mr. President,
18 there is a privileged resolution at the desk
19 by Senators Griffo, Hannon and Little. May we
20 please have the resolution read in its
21 entirety and I believe we will call on Senator
22 Griffo.
23 ACTING PRESIDENT MARCELLINO: The
24 Secretary will read the resolution in its
25 entirety.
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1 THE SECRETARY: Legislative
2 Resolution Number 767, by Senators Griffo,
3 Hannon and Little, memorializing Governor
4 Andrew M. Cuomo to proclaim May 2011 as Lupus
5 Awareness Month in the State of New York.
6 "WHEREAS, Each year the Lupus
7 Agencies of New York State designate May as
8 Lupus Awareness Month to show support for the
9 105,400 New Yorkers, 1.5 million Americans and
10 5 million people worldwide who suffer from the
11 often debilitating effects of lupus, a chronic
12 autoimmune disease that can cause severe
13 damage to the tissues and organs in the body,
14 and in some cases death; and
15 "WHEREAS, Each year thousands of
16 people are newly diagnosed with lupus, a great
17 majority of whom are young people in the prime
18 of their lives, and 90 percent of whom are
19 women; and
20 "WHEREAS, Lupus is the most
21 prevalent among African-Americans, Hispanics,
22 Native Americans, Asians. And tragically,
23 thousands of people die from lupus each year
24 because a cure remains elusive; and
25 "WHEREAS, Many healthcare
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1 professionals are unaware of symptoms and
2 health effects of lupus, causing people with
3 lupus to suffer for many years before they
4 obtain a correct diagnosis and medical
5 treatment, demonstrating the need for
6 increased public and professional awareness of
7 lupus; and
8 "WHEREAS, Medical research efforts
9 into lupus and the discovery of safer, more
10 effective treatment for lupus patients are
11 underfunded in comparison with diseases of
12 comparable magnitude and severity; and
13 "WHEREAS, Increasing community
14 awareness and focusing public attention on
15 lupus and its devastating impact on patients'
16 lives will provide hope for a better future
17 for those affected; and
18 "WHEREAS, The Lupus Agencies of
19 New York State are dedicated to 'improving the
20 quality of life for individuals with lupus and
21 their loved ones by providing education,
22 support and outreach services and promoting
23 programs of awareness, advocacy and research';
24 and
25 "WHEREAS, This Legislative Body
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1 recognizes the needs of those chronically ill
2 people who are living with lupus and urges all
3 citizens to support the search for a cure and
4 assist those individuals and families who deal
5 with this devastating disease on a daily
6 basis; now, therefore, be it
7 "RESOLVED, That this Legislative
8 Body pause in its deliberations to memorialize
9 Governor Andrew M. Cuomo to proclaim May 2011
10 as Lupus Awareness Month in the State of
11 New York; and be it further
12 "RESOLVED, That copies of this
13 resolution, suitably engrossed, be transmitted
14 to the Honorable Andrew M. Cuomo, Governor of
15 the State of New York, and the Lupus Agencies
16 of New York State."
17 ACTING PRESIDENT MARCELLINO: To
18 be heard on the resolution, Senator Griffo.
19 SENATOR GRIFFO: Thank you,
20 Mr. President. I want to thank the members
21 for taking up this resolution today.
22 I want to thank those who are in
23 attendance here in the gallery today for being
24 so vigilant and so engaged in this -- Kathleen
25 Arntsen and many people are here from across
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1 New York State to continue to make members of
2 the Legislature and leaders across this state
3 informed and aware of this debilitating
4 disease.
5 Over 1.5 million Americans are
6 affected by this disease. And we heard how
7 females and African-American women are
8 disproportionately affected, particularly
9 between the ages of 15 and 44. So it is so
10 important, as we try to deal with chronic
11 illness and diseases such as the lupus issue,
12 that we continue to make people aware of the
13 need and the importance of research and
14 putting together the resources financially
15 that are necessary to try to help find a cure.
16 One example of that is the FDA has
17 just recently approved a drug called Benlysta.
18 It's a new form of therapy which is now being
19 used as a result of clinical trials that they
20 have now authorized. And I think this is why
21 we want to make sure that when we look at
22 pieces of legislation, when we look at
23 clinical studies and the need for resources
24 and funding in order to undertake these kind
25 of studies, that we can find opportunities to
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1 try to treat this disease.
2 But also, ultimately, what we're
3 trying to accomplish is a life without lupus.
4 I heard that today from Assemblywoman Gibson,
5 and I think it says it all.
6 So it is so imperative -- and I
7 want to thank you -- that we call attention to
8 this, but it's equally important that we
9 continue to be engaged and involved in trying
10 to call attention to this and to ensure that
11 we are diverting and developing policies and
12 resources that will help in trying to create
13 that life without lupus.
14 So I want to thank all of you who
15 are here today for your efforts. I appreciate
16 that. I'm proud to be a sponsor of this
17 resolution and will continue to work with you
18 to do what we can to combat this unfortunate
19 disease. Thank you.
20 ACTING PRESIDENT MARCELLINO:
21 Senator Hannon.
22 SENATOR HANNON: Thank you,
23 Mr. President.
24 ACTING PRESIDENT MARCELLINO:
25 Excuse me, Senator.
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1 Can we have some quiet in the
2 chamber, please.
3 Senator Hannon.
4 SENATOR HANNON: I just want to
5 commend Senator Griffo for sponsoring this
6 resolution and make two points.
7 One is this lupus, it is necessary
8 to call attention to a disease like lupus
9 because even in our modern society where we
10 think we have healthcare that can treat all,
11 there are these intractable diseases,
12 especially those of the autoimmune system,
13 that still bedevil people throughout the
14 state, throughout the nation, and need to be
15 addressed, need to have research, need to have
16 treatment.
17 And the second is for those of you
18 who have any familiarity with lupus or the
19 other related illnesses -- fibromyalgia,
20 Lyme's disease -- it's a whole family of the
21 autoimmune diseases -- there's a display in
22 the Well of the LOB today with lots of
23 information, people have come from around the
24 state. And I would urge that you stop by and
25 say hello and get some of the material and
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1 information that's being displayed.
2 Thank you, Mr. President.
3 ACTING PRESIDENT MARCELLINO:
4 Thank you, Senator Hannon.
5 Senator Little.
6 SENATOR LITTLE: Thank you,
7 Mr. President.
8 I'd like to join my colleagues in
9 welcoming the women who are here today to show
10 all of us a little bit more about lupus. And
11 many of them are victims of lupus or know
12 someone who is.
13 And I think one of the biggest
14 problems that is involved with having lupus is
15 getting that diagnosis, because it takes a
16 long time and people go through a lot of tests
17 and everything before they can actually
18 determine what is the problem and what is
19 causing the health issues that that person is
20 having. It also becomes a disease that you
21 have to learn to live with as we go forward.
22 So recognition of it, awareness of
23 it is very important. And that's what a
24 resolution like this does, and that's what
25 their presence here today does for all of us.
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1 So thank you for being here. Thank
2 you for improving the awareness and
3 recognition of this disease.
4 Thank you.
5 ACTING PRESIDENT MARCELLINO:
6 Thank you, Senator Little.
7 Senator Savino on the resolution.
8 SENATOR SAVINO: Thank you,
9 Mr. President.
10 I want to thank Senator Griffo for
11 bringing this resolution. Earlier today I
12 attended the Lupus Awareness Day event in the
13 Well with Senator Griffo and Assemblywoman
14 Vanessa Gibson and Assemblywoman Ellen Jaffee.
15 Assemblywoman Gibson and I sponsor
16 three pieces of legislation which would bring
17 public awareness about lupus to a greater
18 number of New Yorkers by directing the
19 Department of Health to establish a lupus
20 awareness and education program.
21 Imagine, if we really thought about
22 this, if we were to look at the statistics, we
23 know that there are 100,000 women in the State
24 of New York who have been diagnosed with
25 lupus. There are 100,000 women in the State
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1 of New York who doctors have been able to
2 determine that the debilitating disease that
3 they have been suffering from is lupus.
4 How many more women are walking
5 around and don't know it? How many more women
6 are going to their doctors for some of the
7 symptoms, as Senator Hannon talked about, and
8 being treated or misdiagnosed? How many women
9 are suffering? Far too many. If 100,000 have
10 been diagnosed, we know that the likelihood is
11 there's about a million who are suffering and
12 not receiving the appropriate treatment. We
13 can do something about that by raising
14 awareness about lupus through the Department
15 of Health, through education.
16 We've had some good news in the
17 last year since the last Lupus Awareness Day
18 here in Albany. As Senator Griffo said, the
19 FDA had not approved a new drug for use in
20 treatment of this debilitating disease in over
21 50 years. Last March they did. They approved
22 the use of a drug called Benlysta. And while
23 it has not provided full relief for all the
24 women, it is providing a significant amount of
25 relief for some.
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1 But we need to do more. But the
2 first thing we need to do is to educate
3 doctors, to educate women, and to let people
4 know that those symptoms that they're feeling
5 could be lupus. Don't just assume it's
6 fatigue or that you're overworked or that
7 you're just under the weather. It could be a
8 disease that will affect the rest of your
9 life.
10 So I want to thank Senator Griffo
11 for bringing the resolution. And I hope all
12 of you will take the time to stop in the Well
13 and pick up the information about lupus and
14 take it back to your district offices and let
15 people know that this is a disease that, if it
16 is diagnosed early, can be treated better.
17 One hundred thousand women that we know -- how
18 many more don't we know about?
19 Thank you, Mr. President.
20 ACTING PRESIDENT MARCELLINO:
21 Thank you, Senator Savino.
22 Anyone else wishing to be heard on
23 this resolution?
24 Seeing none, the motion is on the
25 resolution. All in favor signify by saying
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1 aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT MARCELLINO:
4 Opposed, nay.
5 (No response.)
6 ACTING PRESIDENT MARCELLINO: The
7 resolution is approved.
8 Senator Libous.
9 SENATOR LIBOUS: Mr. President, I
10 believe there are a couple of resolutions at
11 the desk by Senator Squadron. One resolution
12 by Senator Squadron.
13 ACTING PRESIDENT MARCELLINO:
14 There is a resolution by Senator Squadron,
15 sir.
16 SENATOR LIBOUS: Can we have its
17 title read and call on Senator Squadron.
18 ACTING PRESIDENT MARCELLINO: The
19 Secretary will read.
20 SENATOR LIBOUS: Mr. President, I
21 was correct, there are two resolutions by
22 Senator Squadron. He wishes to speak on one;
23 could the titles of both be read.
24 ACTING PRESIDENT MARCELLINO: The
25 Secretary will read the resolutions title
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1 only.
2 THE SECRETARY: Legislative
3 resolution by Senator Squadron, honoring Brook
4 Peters upon the occasion of the selection of
5 his film, "The Second Day," for screening at
6 the Tribeca Film Festival on April 30, 2011.
7 And legislative resolution by
8 Senator Squadron, commending the Gowanus Canal
9 Community Development Corporation upon the
10 occasion of its 33rd anniversary, to be
11 celebrated at its Annual Gala on May 5, 2011.
12 ACTING PRESIDENT MARCELLINO: On
13 the resolutions, Senator Squadron.
14 SENATOR SQUADRON: Thank you,
15 Mr. President, on the resolution honoring
16 Brook Peters.
17 On this week in which the whole
18 world has turned its attention again to the
19 attacks of September 11, 2001, in which one
20 chapter that came out of that day and a result
21 of that day has been closed, with Osama bin
22 Laden being brought to justice, I thought it
23 was appropriate to also highlight what's
24 happening locally and what's happening on the
25 personal level in the wake of September 11th.
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1 Brook Peters was 4 years old on
2 September 11, 2001. He lived in the Lower
3 Manhattan neighborhood. Just a few years
4 later, when he was 11 years old, he started
5 making a film in which he talked to hundreds
6 of classmates who had lived in the community,
7 who were right there, who were directly
8 affected by the attacks of September 11, 2001.
9 And what he found was that for many
10 of them, they hadn't talked about it with
11 their parents, their feelings on it were
12 conflicted, they were still dealing with it.
13 Much as all of us are, much as the entire
14 nation and the entire world are still dealing
15 with it.
16 And Brook Peters, who's now in
17 eighth grade, then submitted his film to the
18 Tribeca Film Festival, one of the great film
19 festivals of the world and also an event that
20 exists in part to help Lower Manhattan,
21 New York City and New York State to rebuild
22 from the attacks. And they accepted the film,
23 and it was well received at the Tribeca Film
24 Festival Family Day on Saturday.
25 So as all of us approach the tenth
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1 anniversary of those attacks, as we think this
2 week both about the fact that we have brought
3 bin Laden to justice and the fact that
4 together -- as a city, as a state, as a
5 nation -- we are continuing to learn from and
6 rise above those attacks, I think that Brook
7 Peters' success, his sensitivity, the way that
8 he has addressed and approached this issue
9 really should be commended and highlighted.
10 And I wanted to take a moment on
11 the floor of the State Senate to commend and
12 thank Brook for reminding us all of the many
13 different ways that September 11th still
14 affects us and the many different ways that we
15 are all as a community continuing to rise
16 above it.
17 Thank you, Mr. President.
18 ACTING PRESIDENT MARCELLINO:
19 Thank you, Senator Squadron.
20 All in favor of the resolutions as
21 read signify by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT MARCELLINO:
24 Opposed, nay.
25 (No response.)
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1 ACTING PRESIDENT MARCELLINO: The
2 resolutions are adopted.
3 Senator Libous.
4 SENATOR LIBOUS: Thank you,
5 Mr. President.
6 Senator Hassell-Thompson has a
7 resolution at the desk. She would like it
8 please read in its entirety, and I believe she
9 would like to be called on.
10 ACTING PRESIDENT MARCELLINO: The
11 Secretary will read.
12 THE SECRETARY: Legislative
13 resolution by Senator Hassell-Thompson,
14 congratulating the 2010-2011 Mount Vernon High
15 School Boys Basketball Team upon the occasion
16 of its outstanding season and capturing three
17 championships.
18 "WHEREAS, Excellence and success in
19 competitive sports can be achieved only
20 through strenuous practice, team play and team
21 spirit, nurtured by dedicated coaching and
22 strategic planning; and
23 "WHEREAS, Athletic competition
24 enhances the moral and physical development of
25 the young people of this state preparing them
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1 for the future by instilling in them the value
2 of teamwork, encouraging a standard of healthy
3 living, imparting a desire for success, and
4 developing a sense of fair play and
5 competition; and
6 "WHEREAS, The 2010-2011 Mount
7 Vernon High School Boys Basketball Team
8 compiled an outstanding championship season,
9 capturing three major New York high school
10 basketball titles; and
11 "WHEREAS, Emerging victorious as
12 the 2011 champions of Section I, the 2010-2011
13 Mount Vernon High School Boys Basketball Team
14 also triumphed as 2011 New York State Public
15 High School Athletic Association champions, as
16 well as the 2011 New York State Federation
17 champions; and
18 "WHEREAS, The athletic talent
19 displayed by the 2010-2011 Mount Vernon High
20 School Boys Basketball Team is due in great
21 part to the efforts of Head Coach Robert
22 Cimmino, Assistant Head Coach Brian Pritchett,
23 and Assistant Coaches Dwayne Murray, Paul
24 Roland, Patrick Theodule, Yaccov Williams, and
25 Anthony Pavlacka, skilled and inspirational
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1 tutors respected for their ability to develop
2 potential into excellence; and
3 "WHEREAS, The overall record of the
4 2010-2011 Mount Vernon High School Boys
5 Basketball Team was outstanding, and the team
6 players were loyally and enthusiastically
7 supported by family, fans, friends and the
8 community at large; and
9 "WHEREAS, The hallmarks of the
10 2010-2011 Mount Vernon High School Boys
11 Basketball Team, from the opening game of the
12 season to capturing the Section I New York
13 State Public High School Athletic Association
14 and New York State Federation championships,
15 were a brotherhood of athletic ability, of
16 good sportsmanship, of honor and of
17 scholarship, demonstrating that these team
18 players are second to none; and
19 "WHEREAS, Athletically and
20 academically, the 2010-2011 Mount Vernon High
21 School Boys Basketball Team members have
22 proven themselves to be an unbeatable
23 combination of talents, reflecting favorably
24 on their school and their community; and
25 "WHEREAS, The coaches and staff of
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1 the 2010-2011 Mount Vernon High School Boys
2 Basketball Team have done a superb job in
3 guiding, molding, and inspiring the team
4 members toward their goals; and
5 "WHEREAS, Sports competition
6 instills the values of teamwork, pride and
7 accomplishment. The 2010-2011 Mount Vernon
8 High School Boys Basketball Team's outstanding
9 athletes have clearly made a contribution to
10 the spirit of excellence which is a tradition
11 of their school; now, therefore, be it
12 "RESOLVED, That this Legislative
13 Body pause in its deliberations to
14 congratulate the 2010-2011 Mount Vernon High
15 School Boys Basketball Team, its members --
16 Isaiah Cousins, Quadere Lovell, Khalid
17 Samuels, Damani Ashton, Horace Copeland,
18 Joshua Doughty, Givvion Jones, William
19 Robinson, Randy Stephens, Jamall Walker, Kenny
20 Ellis, Adam Malheur, Jamel Knott, Jarrel
21 Marshall, Yhanni Bartley, Jabarie Hinds -- as
22 well as Head Coach Robert Cimmino, Assistant
23 Head Coach Brian Pritchett, Assistant Coaches
24 Dwayne Murray, Paul Roland, Patrick Theodule,
25 Yaccov Williams and Anthony Pavlacka, Athletic
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1 Trainers Peter Montpellier and Brian Gardener,
2 Statisticians John Nannariello and Don Munroe,
3 and Managers Akime Nicholas, Shanika Benjamin,
4 and Rich Hollis, on their outstanding season
5 and overall team record and capturing the
6 Section I New York Public High School Athletic
7 Association and the New York State Federation
8 championships; and be it further
9 "RESOLVED, That copies of this
10 resolution, suitably engrossed, be transmitted
11 to the members, coaches, and staff of the
12 2010-2011 Mount Vernon High School Boys
13 Basketball Team."
14 ACTING PRESIDENT MARCELLINO:
15 Senator Hassell-Thompson.
16 SENATOR HASSELL-THOMPSON: Thank
17 you, Mr. President.
18 I rise with pleasure to
19 congratulate the Mount Vernon Boys Basketball
20 Team who captured this year's Section I
21 New York State Public High School Athletic
22 Association and the New York State federation
23 championships. I can't that say often enough.
24 This winning team was coached by
25 head coach, as you heard, Robert Cimmino, who
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1 is one of the most highly respected and
2 successful high school basketball coaches in
3 the nation. Coach Robert Cimmino was selected
4 as the head coach of the East Team in the
5 highly prestigious McDonald's Annual Games,
6 which features many of the top senior high
7 school basketball players in the country.
8 Since 2000, as head coach of the Mount Vernon
9 High School Basketball Team, Robert Cimmino
10 has guided his team to 11 Section I
11 championships, five New York Public High
12 School Athletic Association championships, and
13 four New York State Federation Tournament of
14 Champion titles.
15 I would also like to recognize the
16 two co-captains of the team, Jabarie Hinds and
17 Khalid Samuels, the athletic trainers, Peter
18 Montpellier and Brian Gardener, statisticians
19 John Nannariello and Don Munroe, and the
20 managers, Akime Nicholas, Shanika Benjamin and
21 Rich Hollis.
22 Jabarie Hinds was the recipient of
23 the prestigious title of "Mr. Basketball for
24 the State of New York" for the 2010-2011 high
25 school basketball season. He was also
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1 selected as the Most Valuable Player of the
2 2011 New York State Public High School
3 Athletic Association Championship Basketball
4 Tournament. Jabarie Hinds will continue his
5 education in the fall of 2011 at West Virginia
6 University, where he is recipient of a
7 basketball scholarship.
8 Khalid Samuels was selected to the
9 New York State Public High School Athletic
10 Association All-Star Team during the 2011
11 championship. He was also named to the
12 New York State Federation Tournament of
13 Champions All-Star Team during the tournament.
14 I'm also pleased to congratulate
15 the Mount Vernon Boys 800-meter relay team of
16 Michael Blake, Steven Gayle, Christopher
17 Winslow and Darien Burnside, and alternates
18 Kareem Campbell and Darian Livingston, who won
19 the League, Westchester County, Section I, New
20 York State and Federation, Eastern States and
21 National titles. Its 1600-meter relay team
22 also won League, Westchester County, and
23 Section I championships.
24 Congratulations.
25 ACTING PRESIDENT MARCELLINO:
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1 Thank you, Senator.
2 Anyone else wishing to be heard?
3 Senator Montgomery.
4 SENATOR MONTGOMERY: Yes, thank
5 you, Mr. President.
6 I rise to congratulate the young
7 people, and I want to thank my colleague. I
8 know that she claims them. They certainly are
9 from her district. And we have someone else
10 who's sneaked in to also claim these young
11 people as well, Assemblyman Gary Pretlow.
12 But I also want to say that you
13 belong to all of us. Whatever your
14 accomplishments are and will be from now on,
15 we will claim them as well. We claim you.
16 And I want to say that athletics is
17 the foundation of all of the success in life.
18 So you have begun to be successful. The
19 skills that you have acquired will go with you
20 throughout your lives. And certainly many of
21 the people sitting in this room have been
22 successful athletes starting out as young
23 people like yourselves.
24 So I applaud you and I wish you the
25 very, very best. And certainly one day I
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1 assume some of you will move from up there
2 where you are to down here on this floor.
3 Congratulations.
4 Thank you, Senator
5 Hassell-Thompson.
6 ACTING PRESIDENT MARCELLINO:
7 Thank you, Senator.
8 Senator Stewart-Cousins.
9 SENATOR STEWART-COUSINS: Thank
10 you, Mr. President.
11 And I just wanted to thank Senator
12 Hassell-Thompson for not only bringing the
13 resolution forth but also making sure that you
14 got here. Because we're hoping that as you
15 inspire us, we will inspire you.
16 And I certainly couldn't let
17 Senator Montgomery get away with claiming you,
18 because -- although it's true, you belong to
19 all of us. But I represent Yonkers and
20 Westchester County, and certainly your success
21 is motivating to your next-door neighbors to
22 the west.
23 And so again, much congratulations.
24 Thank you for being excellent. Thank you for
25 persevering. Thank you for displaying
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1 teamwork. Thank you for leading the way again
2 and again. You are all to be congratulated.
3 ACTING PRESIDENT MARCELLINO:
4 Gentleman and ladies, on behalf of the State
5 Senate I would just like to congratulate you.
6 Too often these days we hear about young
7 people doing the wrong things, going in the
8 wrong direction. It's a pleasure to hear
9 about young people who are doing the right
10 thing -- celebrating their family, celebrating
11 their community, and making everybody proud.
12 Keep up the good work.
13 On the resolution, all in favor
14 signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT MARCELLINO: All
17 opposed, nay.
18 (No response.)
19 ACTING PRESIDENT MARCELLINO: The
20 ayes have it. The resolution is adopted.
21 Senator Gallivan.
22 SENATOR GALLIVAN: Thank you,
23 Mr. President.
24 I believe Senator Hassell-Thompson
25 has a number of other privileged resolutions
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1 at the desk. May we please have their titles
2 read and move for their immediate adoption.
3 ACTING PRESIDENT MARCELLINO: The
4 Secretary will read titles only.
5 We're getting a request for
6 spontaneous applause.
7 (Laughter; applause.)
8 ACTING PRESIDENT MARCELLINO: The
9 Secretary will read. Spontaneously.
10 (Laughter.)
11 THE SECRETARY: Legislative
12 resolution by Senator Hassell-Thompson,
13 congratulating Robert Cimmino, as the Head
14 Coach of the 2010-2011 Mount Vernon High
15 School Boys Basketball Team, upon the occasion
16 of capturing three major New York State
17 championships.
18 Legislative resolution by Senator
19 Hassell-Thompson, congratulating Jabarie Hinds
20 of the 2010-2011 Mount Vernon High School Boys
21 Basketball Team upon the occasion of his
22 outstanding athletic accomplishments.
23 Legislative resolution by Senator
24 Hassell-Thompson, congratulating Khalid
25 Samuels of the 2010-2011 Mount Vernon High
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1 School Boys Basketball Team upon the occasion
2 of his outstanding athletic accomplishments.
3 Legislative resolution by Senator
4 Hassell-Thompson, congratulating the Mount
5 Vernon High School Girls Track Team upon the
6 occasion of its outstanding 2010-2011 indoor
7 season.
8 And legislative resolution by
9 Senator Hassell-Thompson, congratulating the
10 Mount Vernon High School Boys Track Team upon
11 the occasion of its outstanding 2010-2011
12 indoor and outdoor seasons.
13 ACTING PRESIDENT MARCELLINO:
14 Senator Hassell-Thompson.
15 SENATOR HASSELL-THOMPSON: Thank
16 you.
17 I had begun to go into my speech on
18 the Boys Track Team, but I want to double back
19 and make sure that they have their separate
20 recognition, as well as our Girls Track Team.
21 And let me just repeat that the
22 Mount Vernon High School Boys Track Team has
23 received and achieved success and excellence
24 in the classroom with 91 percent of its
25 seniors continuing on with their education.
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1 The athletic talent displayed by the 2010-2011
2 Mount Vernon Boys High School Track Team is
3 due to the efforts of its head coach, Marcus
4 Green, a skilled and inspirational mentor
5 respected for his ability to develop potential
6 into excellence.
7 The Mount Vernon High School Girls
8 Track Team captured the Westchester County
9 Championship. Tanaya Yarde dominated the
10 300-meter to become the New York State and
11 Federation champion.
12 In the 2010-2011 indoor season, the
13 4x200 relay team of Robbi Rogers, Lexus
14 Harney, Amber Lacey and Tanaya Yarde defended
15 their 2010 New York State Public High School
16 Championship and won again in 2011. During
17 the 2010 indoor season, the Mount Vernon High
18 School Girls Track Team was the Federation
19 champion in the 4x100 meter race.
20 The athletic talent displayed by
21 the 2010-2011 Mount Vernon High School Girls
22 Track Team is due in part to their head coach,
23 Walter Hall.
24 Here today are members of the Mount
25 Vernon Basketball Team and their coaches,
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1 mentors, and family members. And from the
2 Boys and Girls Track Teams, we have Shantay
3 Beccan, Lexus Harney, Amber Lacey, Robbi
4 Rogers, Tanaya Yarde, Michael Blake, Darien
5 Burnside, Kareem Campbell, Steven Gayle,
6 Darian Livingston, Avery Taylor, Christopher
7 Winslow, and Coaches Adrian Rosario and
8 Danielle Giusti.
9 Congratulations also should go to
10 our new high school principal, Mr. Gonzalez,
11 who is with us today. And it didn't leave
12 very many people at home, because everybody
13 from Mount Vernon wanted to be here today to
14 be a part of this triumph and to share with
15 our young people.
16 I see you, Sue, one of our women's
17 track advisors and tremendous champion, we
18 have to give her sedation at the games because
19 she gets so excited. And she's worse than a
20 mommy when it comes to her support of her team
21 and her young people.
22 But this is a community feeling
23 that has been generated tremendously by this
24 basketball team. And while we talked about
25 the 91 percent of those who are going to
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1 graduate and continue their education, let me
2 say to you that no one can play on the
3 basketball team unless they have at least a
4 3.2 average, and they must keep that average.
5 So that we are not only building athletes, but
6 we're also building academic leaders.
7 So I thank all of you for indulging
8 me today and allowing me the opportunity to
9 brag on my team, to brag on my coaches. Brian
10 Pritchett, one of our deputy coaches, just
11 came back from China with a group of young
12 men.
13 So we are building leaders in our
14 community. And I thank you all, as parents
15 and community people, who came to support our
16 young men and women today.
17 Thank you, Mr. President.
18 ACTING PRESIDENT MARCELLINO:
19 Thank you, Senator.
20 All in favor of these resolutions
21 signify by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT MARCELLINO: All
24 opposed, nay.
25 (No response.)
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1 ACTING PRESIDENT MARCELLINO: The
2 resolutions are adopted.
3 Now we can have another round of
4 spontaneous applause.
5 (Applause.)
6 ACTING PRESIDENT MARCELLINO:
7 Senator Gallivan.
8 SENATOR GALLIVAN: Thank you,
9 Mr. President.
10 May we please take up the
11 noncontroversial reading of the calendar.
12 ACTING PRESIDENT MARCELLINO: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 12, by Senator Young, Senate Print 783, an act
16 to amend the Environmental Conservation Law.
17 ACTING PRESIDENT MARCELLINO:
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MARCELLINO:
22 Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT MARCELLINO: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 315, by Senator Lanza, Senate Print 4377, an
4 act to amend the General City Law.
5 ACTING PRESIDENT MARCELLINO:
6 Read the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MARCELLINO:
10 Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT MARCELLINO: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 321, by Senator Fuschillo, Senate Print 4071,
17 an act to amend subdivision 19 of Section 246.
18 ACTING PRESIDENT MARCELLINO:
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MARCELLINO:
23 Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 61. Nays,
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1 1. Senator Duane recorded in the negative.
2 ACTING PRESIDENT MARCELLINO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 328, by Senator Gallivan, Senate Print 2787,
6 an act to amend the Local Finance Law.
7 ACTING PRESIDENT MARCELLINO:
8 There is a home-rule message at the desk.
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MARCELLINO:
13 Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 329, by Senator Stewart-Cousins, Senate Print
20 2982, an act to amend the Local Finance Law.
21 ACTING PRESIDENT MARCELLINO:
22 Again, there is a home-rule message at the
23 desk.
24 Read the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT MARCELLINO:
3 Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT MARCELLINO: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 333, by Senator Seward, Senate Print 4426, an
10 act to amend the Insurance Law.
11 ACTING PRESIDENT MARCELLINO:
12 Read the last section.
13 THE SECRETARY: Section 8. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MARCELLINO:
16 Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 59. Nays,
19 3. Senators Dilan, Duane and Hassell-Thompson
20 recorded in the negative.
21 ACTING PRESIDENT MARCELLINO: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 360, substituted earlier today by Member of
25 the Assembly Kolb, Assembly Print Number 5150,
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1 an act to amend the Alcoholic Beverage Control
2 Law.
3 ACTING PRESIDENT MARCELLINO:
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MARCELLINO:
8 Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT MARCELLINO: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 377, by Senator Johnson, Senate Print 4197, an
15 act to amend the Vehicle and Traffic Law.
16 ACTING PRESIDENT MARCELLINO:
17 There is a home-rule message at the desk.
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MARCELLINO:
22 Call the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MARCELLINO: To
25 explain his vote, Senator DeFrancisco.
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1 SENATOR DeFRANCISCO: Yes, I'm
2 going to vote no.
3 I remember in high school I read a
4 book, 1984, by George Orwell. And many of
5 these bills that have passed so far, I
6 think -- unless I was absent -- I voted
7 against every single one of them.
8 This is just for a hundred
9 intersections. Pretty soon we'll have cameras
10 throughout the State of New York, and I'm not
11 so sure that the law enforcement benefits
12 outweigh the personal privacy and personal
13 freedoms issues.
14 And secondly, I just wanted my high
15 school teacher to know that I do remember the
16 book and I remember the principles behind it.
17 Thank you.
18 ACTING PRESIDENT MARCELLINO:
19 Thank you, Senator DeFrancisco.
20 Announce the results.
21 THE SECRETARY: Ayes, 58. Nays,
22 4. Senators DeFrancisco, LaValle, Ranzenhofer
23 and Zeldin recorded in the negative.
24 ACTING PRESIDENT MARCELLINO: The
25 bill is passed.
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1 Senator Libous, that completes the
2 calendar.
3 SENATOR LIBOUS: Mr. President, I
4 believe Senator Breslin has a handup from
5 Senator Sampson, in consultation with Senator
6 Skelos.
7 ACTING PRESIDENT MARCELLINO: The
8 handup will be accepted and filed in the
9 Journal.
10 SENATOR LIBOUS: Thank you,
11 Mr. President.
12 And I believe Senator
13 Hassell-Thompson would like to make an
14 announcement.
15 ACTING PRESIDENT MARCELLINO:
16 Senator Hassell-Thompson.
17 SENATOR HASSELL-THOMPSON: Thank
18 you, Mr. President.
19 There's going to be a reception for
20 the teams in Room 711. And anyone who would
21 like to join us is welcome, and certainly to
22 take photos. And I'd appreciate it.
23 Thank you.
24 SENATOR LIBOUS: Thank you,
25 Senator.
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1 ACTING PRESIDENT MARCELLINO:
2 Senator Libous.
3 SENATOR LIBOUS: Mr. President,
4 is there any further business at the desk?
5 ACTING PRESIDENT MARCELLINO: The
6 desk is clear.
7 SENATOR LIBOUS: If the desk is
8 clear at this time, there being no further
9 business, I move that the Senate adjourn until
10 Monday, May 9th, at 3:00 p.m., intervening
11 days being legislative days.
12 ACTING PRESIDENT MARCELLINO: On
13 motion, the Senate will be adjourned until
14 Monday, May 9th, 3:00 p.m., intervening days
15 to be legislative days.
16 (Whereupon, at 12:13 p.m., the
17 Senate adjourned.)
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