Regular Session - January 24, 2012
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1 NEW YORK STATE SENATE
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4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 January 24, 2012
11 11:03 a.m.
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14 REGULAR SESSION
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18 SENATOR JOSEPH A. GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask all present to please rise
5 and join with me as we recite the Pledge of
6 Allegiance to our Flag.
7 (Whereupon, the assemblage
8 recited the Pledge of Allegiance to the
9 Flag.)
10 ACTING PRESIDENT GRIFFO: In
11 the absence of clergy, I ask all to bow our
12 heads in a moment of silent reflection.
13 (Whereupon, the assemblage
14 respected a moment of silence.)
15 ACTING PRESIDENT GRIFFO: The
16 reading of the Journal.
17 THE SECRETARY: In Senate,
18 Monday, January 23rd, the Senate met pursuant
19 to adjournment. The Journal of Sunday,
20 January 22nd, was read and approved. On
21 motion, Senate adjourned.
22 ACTING PRESIDENT GRIFFO:
23 Without objection, the Journal stands
24 approved as read.
25 Presentation of petitions.
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1 Messages from the Assembly.
2 Messages from the Governor.
3 Reports of standing committees.
4 Reports of select committees.
5 Communications and reports from
6 state officers.
7 Motions and resolutions.
8 Senator LaValle.
9 SENATOR LaVALLE: Mr. President,
10 at this time may we please adopt the Resolution
11 Calendar in its entirety, with the exception of
12 Resolution 3055.
13 ACTING PRESIDENT GRIFFO: All in
14 favor of adopting the Resolution Calendar, with
15 the exception of Resolution 3055, signify by
16 saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT GRIFFO:
19 Opposed?
20 (No response.)
21 ACTING PRESIDENT GRIFFO: The
22 Resolution Calendar is adopted.
23 Senator LaValle.
24 SENATOR LaVALLE: Mr. President,
25 there is a resolution at the desk, 3055, by
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1 Senator Gallivan. May we have the title read
2 and move for its immediate adoption.
3 ACTING PRESIDENT GRIFFO: The
4 Secretary will read.
5 THE SECRETARY: Legislative
6 Resolution Number 3055, by Senator Gallivan,
7 honoring Jeremy M. Jacobs for his
8 accomplishments as the owner of the National
9 Hockey League's Boston Bruins, and as a
10 business owner and philanthropist.
11 ACTING PRESIDENT GRIFFO: Senator
12 Gallivan.
13 SENATOR GALLIVAN: Thank you,
14 Mr. President.
15 Joining all of us today in the
16 Capitol is a good friend of mine, a great
17 friend of western New York. And it's not the
18 Stanley Cup --
19 (Laughter.)
20 SENATOR GALLIVAN: -- but he owns
21 the team that won the Stanley Cup.
22 Jeremy Jacobs is a resident of the
23 59th Senate District, lives in East Aurora,
24 New York -- which is in my district, of
25 course -- and is the chairman and CEO of the
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1 Delaware North Companies and the owner of the
2 2011 Stanley Cup champion Boston Bruins.
3 Mr. Jacobs and the Bruins were
4 received at the White House yesterday and
5 formally congratulated by President Obama.
6 Delaware North and the Jacobs
7 family have been staples of the Western
8 New York business, civic, and philanthropic
9 communities since Jeremy's father and uncles
10 began selling peanuts and popcorn at Buffalo's
11 old Offermann Stadium in 1915.
12 From those humble beginnings on
13 the City of Buffalo's old East Side in Senator
14 Grisanti's district, Delaware North has emerged
15 as a global leader in food service and
16 hospitality, expanding to become one of the
17 largest privately held companies in the world,
18 with 200 locations operating across three
19 continents, employing 50,000 people who have
20 served nearly half a billion customers.
21 While Delaware North continues to
22 be a leader and innovator on a global scale,
23 at home Jeremy Jacobs is known for his personal
24 generosity and unwavering commitment to the
25 residents, institutions and fabric of Western
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1 New York. His charitable gifts to Roswell Park
2 Cancer Institute and the University of
3 Buffalo's Jacobs Institute have enabled both
4 institutions to become nationally recognized
5 leaders in both cancer research and the
6 treatment of heart and vascular disease.
7 Jeremy Jacobs and his philanthropy
8 have also been specifically recognized by the
9 United Way and the Jeremiah Milbank Society.
10 He has served as chairman of the UB Foundation,
11 is the current chairman of the National Hockey
12 League Board of Governors, and in 2006 was
13 inducted into the Western New York Sports Hall
14 of Fame.
15 On behalf of my colleagues, I
16 welcome and thank Mr. Jeremy Jacobs for joining
17 us today, for bringing his Stanley Cup, and for
18 all he does for Western New York and our
19 community.
20 Thank you, Mr. President.
21 ACTING PRESIDENT GRIFFO: Thank
22 you, Senator Gallivan.
23 Is there any other member wishing
24 to be heard?
25 (No response.)
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1 ACTING PRESIDENT GRIFFO: The
2 question is on the resolution. All in favor
3 signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT GRIFFO:
6 Opposed?
7 (No response.)
8 ACTING PRESIDENT GRIFFO: The
9 resolution is adopted.
10 We want to welcome and extend
11 our congratulations to Jeremy Jacobs.
12 (Applause.)
13 ACTING PRESIDENT GRIFFO: Senator
14 LaValle.
15 SENATOR LaVALLE: Mr. President,
16 may we please have the noncontroversial reading
17 of the calendar.
18 ACTING PRESIDENT GRIFFO: The
19 Secretary will read.
20 THE SECRETARY: Calendar Number
21 31, by Senator Fuschillo, Senate Print 5318, an
22 act to amend Chapter 203 of the Laws of 1999.
23 ACTING PRESIDENT GRIFFO: Read
24 the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 50.
6 ACTING PRESIDENT GRIFFO: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 45, by Senator Klein, Senate Print 1523, an act
10 to amend the Vehicle and Traffic Law.
11 ACTING PRESIDENT GRIFFO: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 90th day.
15 ACTING PRESIDENT GRIFFO: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 50.
19 ACTING PRESIDENT GRIFFO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 50, by Senator Fuschillo, Senate Print 3768B,
23 an act to amend the Vehicle and Traffic Law.
24 ACTING PRESIDENT GRIFFO: Read
25 the last section.
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1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 50.
7 ACTING PRESIDENT GRIFFO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 52, by Senator Fuschillo, Senate Print 4177, an
11 act to amend the Vehicle and Traffic Law.
12 ACTING PRESIDENT GRIFFO: Read
13 the last section.
14 THE SECRETARY: Section 2. 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, 50.
20 ACTING PRESIDENT GRIFFO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 57, by Senator Saland, Senate Print 1417B, an
24 act to amend the Penal Law.
25 ACTING PRESIDENT GRIFFO: Read
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1 the last section.
2 THE SECRETARY: Section 12. This
3 act shall take effect on the first of November.
4 ACTING PRESIDENT GRIFFO: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 50.
8 ACTING PRESIDENT GRIFFO: The
9 bill is passed.
10 The Secretary will continue to
11 read.
12 THE SECRETARY: Calendar Number
13 68, by Senator Flanagan, Senate Print 1833A, an
14 act to amend the General Business Law.
15 ACTING PRESIDENT GRIFFO: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 60th day.
19 ACTING PRESIDENT GRIFFO: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT GRIFFO: Senator
23 Hassell-Thompson to explain her vote.
24 SENATOR HASSELL-THOMPSON: Thank
25 you, Mr. President.
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1 In the past I have voted in the
2 affirmative on this particular issue, but today
3 I will be voting no.
4 And just very briefly, banning the
5 sale of salvia will create a whole underground
6 black market that will undermine the state's
7 ability to prevent minors from obtaining this
8 substance.
9 And also, I'm suggesting that more
10 effective regulation and control by prohibiting
11 sales to minors and taxing the adult sales will
12 make a greater impact.
13 Also, there is ongoing medical
14 research into the potential therapeutic
15 benefits of salvia, and banning it would hinder
16 this research. If you look at the laws that
17 have been in place in both California and
18 Maine, you will see that they have employed
19 very effective regulations and controls that
20 would keep this drug from being the kind of
21 problem that the media has created a sensation
22 about and not because of any true results.
23 Thank you, Mr. President. I will
24 be voting no.
25 ACTING PRESIDENT GRIFFO: Senator
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1 Hassell-Thompson to be recorded in the
2 negative.
3 Senator Perkins to explain his
4 vote.
5 SENATOR PERKINS: Thank you very
6 much.
7 I want to associate myself with
8 the comments of my colleague Senator
9 Hassell-Thompson, and also respect Senator
10 Flanagan's intention in terms of what I believe
11 he rightfully is trying to do in protecting the
12 public from what might be a very dangerous
13 drug.
14 However, my experience, as was to
15 some extent articulated by Senator
16 Hassell-Thompson, is that this will increase
17 the sale of the drug, it will bring it
18 underground, it will make it even more
19 dangerous for us to actually accomplish that
20 which I believe this bill is well intended on
21 accomplishing.
22 So recognizing that we've seen
23 this criminalization approach backfire on us in
24 the past, I just want to make sure that we give
25 more thought to it before we begin to perhaps
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1 open a door that will be very, very difficult
2 to close.
3 So in that regard, I vote in the
4 negative.
5 ACTING PRESIDENT GRIFFO: Senator
6 Perkins to be recorded in the negative.
7 Is there any other Senator wishing
8 to explain their vote?
9 (No response.)
10 ACTING PRESIDENT GRIFFO:
11 Announce the results.
12 THE SECRETARY: Ayes, 50. Nays,
13 2. Senators Hassell-Thompson and Perkins
14 recorded in the negative.
15 ACTING PRESIDENT GRIFFO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 71, by Senator LaValle, Senate Print 4925, an
19 act to amend the General Business Law.
20 ACTING PRESIDENT GRIFFO: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 52.
3 ACTING PRESIDENT GRIFFO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 74, by Senator Grisanti, Senate Print 5594, an
7 act to amend the New York State Urban
8 Development Corporation Act.
9 ACTING PRESIDENT GRIFFO: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 120th day.
13 ACTING PRESIDENT GRIFFO: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 52.
17 ACTING PRESIDENT GRIFFO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 77, by Senator Young, Senate Print 4358, an act
21 to amend the General City Law.
22 ACTING PRESIDENT GRIFFO: Read
23 the last section.
24 THE SECRETARY: Section 10. This
25 act shall take effect on the first of July.
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1 ACTING PRESIDENT GRIFFO: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 52.
5 ACTING PRESIDENT GRIFFO: The
6 bill is passed.
7 Senator LaValle, that completes
8 the noncontroversial reading of the calendar.
9 SENATOR LaVALLE: Is there any
10 other business at the desk, Mr. President?
11 ACTING PRESIDENT GRIFFO: There
12 is no further business before the desk.
13 SENATOR LaVALLE: Mr. President,
14 I'd like to recognize Senator O'Mara for a
15 brief announcement.
16 ACTING PRESIDENT GRIFFO: Senator
17 O'Mara.
18 SENATOR O'MARA: Thank you,
19 Mr. President.
20 There will be a meeting of the
21 Senate Government Efficiency Task Force at
22 noon in Room 813 of the LOB, at noon in
23 Room 813. Thank you.
24 ACTING PRESIDENT GRIFFO: Room
25 813 in the LOB at noon, a meeting of the Senate
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1 Government Efficiency Task Force.
2 Any other announcements?
3 Senator LaValle.
4 SENATOR LaVALLE: Mr. President,
5 there being no further business, I move we
6 adjourn until Monday, January 30th, at
7 3:00 p.m., intervening days to be legislative
8 days.
9 ACTING PRESIDENT GRIFFO: On
10 motion, the Senate stands adjourned until
11 Monday, January 30th, at 3:00 p.m., intervening
12 days being legislative days.
13 Senate adjourned.
14 (Whereupon, at 11:14 a.m., the
15 Senate adjourned.)
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