Regular Session - February 7, 2012

                                                                   472

 1              NEW YORK STATE SENATE

 2                        

 3                        

 4             THE STENOGRAPHIC RECORD

 5                        

 6                        

 7                        

 8                        

 9                ALBANY, NEW YORK

10                February 7, 2012

11                   11:08 a.m.

12                        

13                        

14                 REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH A. GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  

                                                               473

 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 Flag.)

 9               ACTING PRESIDENT GRIFFO:   In the 

10  absence of clergy, I ask all to bow for a 

11  moment of silent reflection.

12               (Whereupon, the assemblage 

13  respected a moment of silence.)

14               ACTING PRESIDENT GRIFFO:   The 

15  reading of the Journal.

16               THE SECRETARY:   In Senate, 

17  Monday, February 6, the Senate met pursuant to 

18  adjournment.  The Journal of Friday, 

19  February 3rd, was read and approved.  On 

20  motion, Senate adjourned.

21               ACTING PRESIDENT GRIFFO:    

22  Without objection, the Journal stands approved 

23  as read.

24               Presentation of petitions.

25               Messages from the Assembly.

                                                               474

 1               Messages from the Governor.

 2               Reports of standing committees.

 3               Reports of select committees.

 4               Communications and reports from 

 5  state officers.

 6               Motions and resolutions.

 7               Senator Libous.

 8               SENATOR LIBOUS:   Thank you, 

 9  Mr. President.

10               May we adopt the Resolution 

11  Calendar at this time, with the exception of 

12  Resolution Numbers 3172, 3181, 3196, 3200, and 

13  3204.

14               ACTING PRESIDENT GRIFFO:   Thank 

15  you, Senator Libous.

16               All in favor of adopting the 

17  Resolution Calendar, with the exception of 

18  Resolutions 3172, 3181, 3196, 3200 and 3204, 

19  signify by saying aye.

20               (Response of "Aye.")

21               ACTING PRESIDENT GRIFFO:    

22  Opposed?  

23               (No response.)

24               ACTING PRESIDENT GRIFFO:   The 

25  Resolution Calendar is adopted.    

                                                               475

 1               Senator Libous.

 2               SENATOR LIBOUS:   Mr. President, I 

 3  believe there's a resolution at the desk by 

 4  Senator Skelos.  I ask that it be read in its 

 5  entirety at this time before its immediate 

 6  adoption.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  Secretary will read.

 9               THE SECRETARY:   Legislative 

10  Resolution Number 3204, by Senator Skelos, 

11  congratulating the New York Giants upon the 

12  occasion of winning Super Bowl XLVI on Sunday, 

13  February 5, 2012. 

14               "WHEREAS, It is the custom of this 

15  Legislative Body to pay tribute to those 

16  exemplary athletes and organizations which excel 

17  in professional athletics, distinguishing  

18  themselves through notable achievements and 

19  representing this great Empire State with pride 

20  and determination; and

21                "WHEREAS, This Legislative Body is 

22  justly proud to recognize the hard work, 

23  dedication, discipline and accomplishments of 

24  professional athletes who, as a team, are 

25  recognized as the best in their field and are 

                                                               476

 1  proven to be 'World Champions'; and

 2                "WHEREAS, The New York Giants 

 3  prevailed over the New England Patriots 21-17 to 

 4  win Super Bowl XLVI at Lucas Oil Stadium in 

 5  Indianapolis, Indiana, on Sunday, February 5, 

 6  2012; and

 7                "WHEREAS, Trailing in the fourth 

 8  quarter, Giants quarterback Eli Manning connected 

 9  with receiver Mario Manningham on a 38-yard pass, 

10  which jump-started the game-winning drive.  This 

11  was the turning point toward victory; and

12                "WHEREAS, The clutch-winning drive 

13  ended with Ahmad Bradshaw scoring on a 6-yard 

14  touchdown run with 57 seconds left to play in the 

15  fourth quarter.  This, in turn, gave the 

16  New England Patriots one last chance, but the 

17  intimidating defense of the Giants guaranteed the 

18  championship; and

19                "WHEREAS, Eli Manning was again 

20  named the Super Bowl's Most Valuable Player after 

21  completing 30 of 40 passes for 296 yards, with 

22  one touchdown pass and zero interceptions" --

23               ACTING PRESIDENT GRIFFO:   I'm 

24  going to ask the members to please remain seated 

25  and the doors to be closed so we can have some 

                                                               477

 1  order in the chamber, please, so we may continue 

 2  to hear the resolution.  

 3               The Secretary will continue to 

 4  read.

 5               THE SECRETARY:   "WHEREAS, Eli 

 6  Manning was again named the Super Bowl's Most 

 7  Valuable Player after completing 30 of 40 passes 

 8  for 296 yards, with one touchdown pass and zero 

 9  interceptions, triumphing over the Patriots in 

10  the Super Bowl for the second time in four years; 

11  and

12                "WHEREAS, The exemplary 

13  performance of the members of the New York Giants 

14  professional football team are reflective of 

15  their dedication, determination and personal 

16  commitment; and

17                "WHEREAS, This marvelous display 

18  of athletic prowess, which was truly a team 

19  effort, contains lessons for us all:  When a 

20  dream is worth pursuing, work hard, be 

21  innovative, work as a team and never give up 

22  despite the odds; now, therefore, be it

23                "RESOLVED, That this Legislative 

24  Body pause in its deliberations to congratulate 

25  the New York Football Giants, the team's owners, 

                                                               478

 1  the Mara and Tisch families, the team's Head 

 2  Coach Tom Coughlin and his assistant coaches for 

 3  bringing the Vince Lombardi Trophy back to 

 4  New York and for lifting the spirits of the 

 5  countless Giants fans in New York with their 

 6  Super Bowl victory; and be it further

 7                "RESOLVED, That copies of this 

 8  Resolution, suitably engrossed, be transmitted to 

 9  the entire New York Football Giants 

10  organization."

11               ACTING PRESIDENT GRIFFO:   Senator 

12  Skelos.

13               SENATOR SKELOS:   Thank you, 

14  Mr. President.

15               What a great day Sunday was as we 

16  all watched the Giants win the Super Bowl, 

17  whether you were a Jets fan or a Buffalo Bills 

18  fan.  We were all -- different degrees, but 

19  certainly Giant fans, because we wanted to see 

20  the Super Bowl trophy, the Lombardi Trophy once 

21  again returned to a New York team.

22               It was an exciting game.  And as 

23  the resolution points out, the Giants throughout 

24  this entire season, when everybody was writing 

25  them off -- they wouldn't even make the 

                                                               479

 1  playoffs -- they were persistent, they were 

 2  focused, they were well-coached, they worked 

 3  together as a team, and we saw the end result 

 4  this past Sunday.  

 5               So from all of us to the 

 6  New England Patriots and Tom Brady, who would 

 7  dare, dare say anything negative about a New York 

 8  team such as the Buffalo Bills, we say nice try.  

 9  Not quite good enough, because you're never going 

10  to beat a New York team when it comes to a 

11  Super Bowl.  

12               Thank you very much, 

13  Mr. President.  I'd like to open up the 

14  resolution for sponsorship.  If anybody wishes 

15  not to sponsor it, I will then know that you're 

16  probably a Jets fan.

17               (Laughter.)

18               SENATOR SKELOS:   But get over it, 

19  move on, New York Giants won the Super Bowl.

20               ACTING PRESIDENT GRIFFO:   I think 

21  everyone's "blue" here today, Leader.  

22               And the resolution will be opened 

23  up for cosponsorship.  If you choose not to, 

24  please notify the desk.

25               Senator Libous.

                                                               480

 1               SENATOR LIBOUS:   I just wanted to 

 2  stand and join the leader.  

 3               When we adjourned last week, 

 4  remember I said that we would convene on Monday 

 5  the 6th, the day after the Giants won the 

 6  Super Bowl.  And you heard it here first.  

 7               So I just wanted to make sure 

 8  everybody understood that correctly, that it was 

 9  legislated that it would happen.

10               But as the leader said, you know, I 

11  think what the Giants did for us as a state, 

12  their accomplishments were about the people of 

13  New York.  You know, they were 9 and 17.  They 

14  were the underdog.  They weren't expected -- I 

15  think after the Washington game and a few other 

16  games, nobody expected them to even make the 

17  playoffs.  But like New Yorkers, they came from 

18  behind, they were resilient, they were tough, 

19  they were always the underdog, and they were 

20  victorious.

21               So it is great to have them lift 

22  our spirits through sports.  And I think those 

23  are exciting things, and we're very blessed to 

24  have them and the many sporting teams that we 

25  have throughout New York State.  

                                                               481

 1               But for a team to come back that 

 2  was not expected to win, I think it says a lot 

 3  not only for the New York Football Giants, their 

 4  coaching staff and certainly the many stars on 

 5  the team, but it says a lot about the fans who 

 6  support them and the people of New York.

 7               ACTING PRESIDENT GRIFFO:   Thank 

 8  you, Senator Libous, for your comments and your 

 9  prognostication.

10               Is there any other member wishing 

11  to speak?  

12               All in favor of the resolution 

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:   Thank you, 

22  Mr. President.

23               I believe there's a resolution at 

24  the desk by Senator Perkins, and it's Resolution 

25  Number 3181.  Could the title be read, and I 

                                                               482

 1  believe Senator Perkins would like to be called 

 2  upon before its adoption.  

 3               ACTING PRESIDENT GRIFFO:   We will 

 4  read Resolution Number 3200 in title only.  Is 

 5  that correct, Senator Libous?  

 6               Resolution 3200, title only.  Then 

 7  we will move on to the next.

 8               THE SECRETARY:   Legislative 

 9  Resolution Number 3200, by Senator Perkins, 

10  recognizing the exemplary service of Dr. Ruth 

11  Simmons, President of Brown University.

12               ACTING PRESIDENT GRIFFO:   All in 

13  favor of the resolution 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  think I got it right this time.  

23               I believe there's another 

24  resolution by Senator Perkins at the desk, and I 

25  believe at this time it is 3181.  We would like 

                                                               483

 1  to have it read in its entirety and then Senator 

 2  Perkins would like to speak on the resolution.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  Secretary will read.

 5               THE SECRETARY:   Legislative 

 6  Resolution Number 3181, by Senator Perkins, 

 7  memorializing Governor Andrew M. Cuomo to 

 8  proclaim February 7, 2012, as Black HIV/AIDS 

 9  Awareness Day in the State of New York, in 

10  conjunction with the observance of National Black 

11  HIV/AIDS Awareness Day.  

12                "WHEREAS, It is the sense of this 

13  Legislative Body to memorialize Governor Andrew 

14  M. Cuomo to proclaim February 7, 2012, as Black 

15  HIV/AIDS Awareness Day in the State of New York, 

16  in conjunction with the observance of National 

17  Black HIV/AIDS Awareness Day (NBHAAD); and

18                "WHEREAS, February 7, 2012, marks 

19  the 12th Anniversary of National Black HIV/AIDS 

20  Awareness Day.  This year's theme is 'I Am My 

21  Brother's/Sister's Keeper: Fight HIV/AIDS'; and

22                "WHEREAS, The founders of National 

23  Black HIV/AIDS Awareness Day include Concerned 

24  Black Men, Inc., of Philadelphia; Health Watch 

25  Information and Promotion Services, Inc.; Jackson 

                                                               484

 1  State University - Mississippi Urban Research 

 2  Center; National Black Alcoholism and Addictions 

 3  Council; and the National Black Leadership 

 4  Commission on AIDS; and

 5                "WHEREAS, The National Black 

 6  HIV/AIDS Awareness Day community stands to 

 7  provide capacity-building assistance to black 

 8  communities and organizations throughout the 

 9  United States; and

10                "WHEREAS, In its mission to 

11  mitigate and eventually eliminate the spread of 

12  HIV, the four focal points of Black HIV/AIDS 

13  Awareness Day are education, testing, involvement 

14  and treatment; and

15                "WHEREAS, A national HIV/AIDS 

16  testing and treatment community mobilization 

17  initiative is designed to encourage blacks across 

18  the United States and territorial areas to get 

19  educated, get tested, get involved, and get 

20  treated around HIV/AIDS as it continues to 

21  devastate black communities; and

22                "WHEREAS, According to the United 

23  States Census Bureau, in the State of New York, 

24  blacks/African-Americans comprise about 

25  15 percent of the State's population yet account 

                                                               485

 1  for nearly half of all new HIV patients; and

 2                "WHEREAS, Data from the New York 

 3  State Department of Health shows that 

 4  blacks/African-Americans are 10 times more likely 

 5  than whites to be diagnosed with HIV, with 67.6 

 6  new diagnoses per 100,000 individuals as compared 

 7  to 6.6 per 100,000 for whites; and

 8                "WHEREAS, According to the 

 9  New York State Health Department AIDS Institute, 

10  over 55,000 blacks/African-Americans live with 

11  HIV/AIDS in the State of New York; and

12                "WHEREAS, Harlem ranks first in 

13  AIDS-related deaths in the State of New York; and

14                "WHEREAS, In the City of New York, 

15  black and Latino females have constituted 

16  92 percent of all new HIV diagnoses among 

17  females, stated by the New York City Department 

18  of Health and Mental Hygiene; and

19                "WHEREAS, It is crucial that days 

20  such as National Black HIV/AIDS Awareness Day are 

21  observed in order to continue raising awareness 

22  and, eventually, terminating the spread of 

23  HIV/AIDS, not only in black/African-American  

24  communities but all communities throughout the  

25  State of New York, the United States of America, 

                                                               486

 1  and around the world; now, therefore, be it

 2                "RESOLVED, That this Legislative 

 3  Body pause in its deliberations to memorialize 

 4  Governor Andrew M. Cuomo to proclaim February 7, 

 5  2012, as Black HIV/AIDS Awareness Day in the 

 6  State of New York, in conjunction with the 

 7  observance of National Black HIV/AIDS Awareness 

 8  Day; and be it further

 9                "RESOLVED, That a copy of this 

10  Resolution, suitably engrossed, be transmitted to 

11  The Honorable Andrew M. Cuomo, Governor of the 

12  State of New York."

13               ACTING PRESIDENT GRIFFO:   Senator 

14  Perkins.

15               SENATOR PERKINS:   Thank you very 

16  much.

17               By way of beginning, I want to 

18  recognize some organizations in the gallery that 

19  have been so involved for so many years with this 

20  great crisis and have been making great 

21  contributions.  

22               I would like to acknowledge 

23  Kimberleigh Smith, who represents the Harlem 

24  United Community AIDS Center; the AIDS Council of 

25  Northeastern New York, represented by Michele 

                                                               487

 1  McClave and Jen Goldman; the Capital District 

 2  African-American Coalition on AIDS, 

 3  Arthur Butler; and the Gay Men of Color Alliance, 

 4  Harry Davis.  

 5               Also supporting us has been the 

 6  Memorial Temple Church, Mt. Olive Southern 

 7  Missionary Baptist Church, and the Whitney Young, 

 8  Jr., Health Services.  

 9               Today marks the 12th anniversary of 

10  National Black HIV/AIDS Awareness Day.  And 

11  although February 7th is only one day, we must 

12  let today be a reminder of the need to have 

13  tireless vigilance for 365 days of the year.  

14               Today serves as a call to action, a 

15  call to action that affirms the fact that 

16  HIV/AIDS is not over for anyone until it is over 

17  for everyone.

18               Recent statistics have shown a 

19  decline in the prevalence of HIV/AIDS in some 

20  communities, and we are all encouraged by this 

21  success.  However, in communities I represent as 

22  well as other communities of color throughout 

23  this state and this nation, we have not been so 

24  fortunate.

25               This sobering fact, as stated in my 

                                                               488

 1  resolution, reminds us that proper HIV/AIDS 

 2  education in our schools and funding public and 

 3  nonprofit community agencies that address 

 4  HIV/AIDS is crucial in the effort to eradicate 

 5  this crisis.

 6               We cannot relent in our fight 

 7  against HIV/AIDS.  We must stand united.  We must 

 8  remain steadfast in our efforts.  United we 

 9  stand, divided we fall.  

10               And I'd like to open the resolution 

11  for my colleagues to join me.  Thank you so much.

12               ACTING PRESIDENT GRIFFO:   Thank 

13  you, Senator Perkins.  

14               Both of Senator Perkins' 

15  resolutions are open for cosponsorship.  If you 

16  choose not to, please notify the desk.

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.

                                                               489

 1               SENATOR LIBOUS:   Thank you, 

 2  Mr. President.

 3               There's another resolution at the 

 4  desk, by Senator Ritchie.  I ask that the title 

 5  be read, and then I believe you would call on 

 6  Senator Ritchie before its adoption.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  Secretary will read.

 9               THE SECRETARY:   Legislative 

10  Resolution Number 3172, by Senator Ritchie, 

11  memorializing Governor Andrew M. Cuomo to 

12  proclaim February 18-25, 2012, as Future Farmers 

13  of America Week in the State of New York.

14               ACTING PRESIDENT GRIFFO:   Senator 

15  Ritchie.

16               SENATOR RITCHIE:   Mr. President, 

17  it gives me great pleasure to offer a resolution 

18  that sets aside February 18th to the 25th as 

19  National FFA Week, as a fitting tribute to our 

20  agricultural education program.  

21               As many of you are aware, over a 

22  half a million young people across the nation 

23  learn about science, leadership and farming 

24  through their local FFA programs.  I would like 

25  to welcome the over 80 members who are here with 

                                                               490

 1  us today, and open the resolution up to the other 

 2  members to sign on.

 3               Thank you, Mr. President.

 4               ACTING PRESIDENT GRIFFO:   Thank 

 5  you, Senator Ritchie.  

 6               Senator Maziarz.

 7               SENATOR MAZIARZ:   Thank you, 

 8  Mr. President.  

 9               I appreciate the opportunity to 

10  speak.  You know, earlier there was a resolution 

11  about the second-best football team in the NFL, 

12  and they talked about champions.  And these are 

13  some true champions that we have here in our 

14  gallery today, the Future Farmers of America.  

15               We all know that agriculture is the 

16  largest industry in the State of New York, and 

17  this is the future of the largest industry in the 

18  State of New York sitting here in the gallery.  

19               So I join with my colleague Senator 

20  Ritchie from the North Country.  I have a very 

21  active FFA chapter in Orleans County and in 

22  Monroe County in my district, and I meet with 

23  them often throughout the course of the year.  I 

24  appreciate the efforts that they make, I 

25  appreciate the efforts that they offer to the 

                                                               491

 1  history of the State of New York.  They're a 

 2  bunch of great kids.  

 3               And we welcome you here today, and 

 4  we thank you here today.  And we apologize to you 

 5  for having to listen to all of that nonsense 

 6  about the New York Giants.  

 7               Thank you very much.

 8               (Laughter.)

 9               ACTING PRESIDENT GRIFFO:   Senator 

10  Montgomery.

11               SENATOR MONTGOMERY:   Yes, thank 

12  you, Mr. President.  

13               I join Senator Ritchie and my 

14  colleagues in also honoring this wonderful group 

15  of young people from around the state.  

16               They came to my district last year 

17  and brought down a van that they have transformed 

18  into a museum to show young people in the city 

19  how our wonderful product, maple syrup, is 

20  extracted, and it was an absolutely magnificent 

21  opportunity for youngsters from upstate to meet 

22  youngsters from downstate and to have an 

23  understanding of what they do and how important 

24  the farming industry is to all of us in our city.

25               So I thank them for that.  And I'm 

                                                               492

 1  so happy that they continue to be the next 

 2  generation of people who will be producing a most 

 3  important part of our economy as well as for us 

 4  to be healthy people in the State of New York.

 5               So thank you, and I'm happy to join 

 6  in this resolution.

 7               ACTING PRESIDENT GRIFFO:   Thank 

 8  you, Senator Montgomery.

 9               Senator Little.

10               SENATOR LITTLE:   Thank you, 

11  Mr. President.

12               I'd like to join my colleagues in 

13  welcoming the FFA members here today in Albany, 

14  representing Washington County, Clinton County, 

15  and Franklin County, where we have very, very 

16  active chapters.  And I know we have some folks 

17  from Washington County here today.

18               Thank you for all you do.  As 

19  future farmers of America, you certainly help us 

20  ensure that agriculture remains a big part of our 

21  economy and that we are able to count on our 

22  local producers to produce our food.  So thank 

23  you for your efforts, and please continue.  

24               Thank you.

25               ACTING PRESIDENT GRIFFO:   Is there 

                                                               493

 1  any other Senator that wishes to speak on the 

 2  resolution?  

 3               All in favor of the resolution 

 4  signify by saying aye.

 5               (Response of "Aye.")

 6               ACTING PRESIDENT GRIFFO:    

 7  Opposed? 

 8               (No response.)

 9               ACTING PRESIDENT GRIFFO:   The 

10  resolution is adopted.

11               I want to also welcome all of the 

12  FAA students who are here today and 

13  participating, particularly those from my 

14  district.  Welcome.  Hopefully you're having an 

15  enjoyable day here, and we appreciate all of your 

16  good work.

17               (Applause.)

18               ACTING PRESIDENT GRIFFO:   Senator 

19  Maziarz.

20               SENATOR MAZIARZ:   Thank you very 

21  much, Mr. President.

22               I believe there's a resolution by 

23  Senator Adams at the desk.  I ask that the title 

24  be read and ask for its immediate adoption.  And 

25  would you please call on a Buffalo Bills fan, 

                                                               494

 1  Senator Adams.

 2               Thank you, Mr. President.

 3               ACTING PRESIDENT GRIFFO:   I think 

 4  we're all the color of blue today in tribute to 

 5  the Giants and the FFA members who are here.  

 6               So we will have the Secretary read 

 7  the resolution and, Senator Adams, you will be 

 8  called upon.

 9               SENATOR MAZIARZ:   Mr. President, 

10  all of us are covered in blue today.  For the 

11  record.

12               THE SECRETARY:   Legislative 

13  Resolution Number 3196, by Senator Adams, 

14  mourning the untimely death of Private Danny Chen 

15  of New York, New York, and paying tribute to his 

16  courageous actions as a member of the United 

17  States Army.

18               ACTING PRESIDENT GRIFFO:   Senator 

19  Adams.

20               SENATOR ADAMS:   Thank you, 

21  Mr. President.

22               You know, I stand today to speak on 

23  a resolution for Private Danny Chen.  Danny Chen 

24  was a soldier in the United States Army serving 

25  in Afghanistan.  He was found dead on October 3rd 

                                                               495

 1  from a single gunshot wound to the head.  The 

 2  preliminary investigation revealed that he 

 3  possibly committed suicide, and some believe the 

 4  suicide took place because of possible hazing.

 5               This resolution is my recommitment 

 6  and I hope all of our recommitment to the 

 7  protections of soldiers at home and abroad.  It 

 8  is not an attack on the members of the armed 

 9  service, for we know that men and women of the 

10  armed service protect all Americans.  And that's 

11  why it's important to point out this terrible 

12  incident that took place.

13               When our parents send our 

14  soldiers -- our men, our women, our children, our 

15  husbands, our wives -- over to foreign lands to 

16  protect our country, they do that with the 

17  understanding that they may not return.  What 

18  they don't expect is for them to commit suicide 

19  because they felt that they were not part of the 

20  armed forces.

21               I'm hoping that we will send a 

22  strong message here in a state that celebrates 

23  our diversity that we believe our armed forces 

24  should have a welcome mat for all Americans no 

25  matter who they are or where they're from.

                                                               496

 1               And it sends a very clear and loud 

 2  message that when men and women adorn green 

 3  fatigues, there's only one color that matters, 

 4  and that's the red, the white, and the blue.  

 5               And I hope that what happened to 

 6  Private Chen does not happen to any other 

 7  soldier.  And the resolution is a reminder why we 

 8  must remain vigilant to ensure the importance of 

 9  diversity not only in our armed services but in 

10  the great State of New York and the great country 

11  of the USA.  Thank you.

12               ACTING PRESIDENT GRIFFO:   Thank 

13  you, Senator Adams.

14               Senator Squadron.

15               SENATOR SQUADRON:   Thank you, 

16  Mr. President.  I appreciate that.  

17               And first of all, I want to thank 

18  my colleague Senator Adams for bringing forth 

19  this resolution today.

20               Danny Chen grew up in my district, 

21  in New York's Chinatown, went to P.S. 130.  In 

22  fact, the principal there today, a woman named 

23  Lily Woo, was his principal, and she remembers 

24  how enthusiastic he was about the community, 

25  about the school, growing up.  

                                                               497

 1               And the tragedy that befell him, 

 2  the experience that he had serving our country is 

 3  one that no person in this country should ever 

 4  have, period.

 5               The vast, vast, vast majority of 

 6  the men and women who serve our country in 

 7  uniform do so with honor, and the sacrifice they 

 8  make is something for which we should be grateful 

 9  and proud every day.  But the situation that 

10  Danny Chen experienced is one that we need to 

11  have zero tolerance for.  

12               And we need to have zero tolerance 

13  for it because of the experience that Danny had 

14  and the way that he suffered, the way that he was 

15  hazed, the way that his background made his time 

16  serving our country harder.  

17               But we also need to have zero 

18  tolerance because if even one member of the armed 

19  forces is treating someone else in this way, is 

20  hazing based on any factor, really, but certainly 

21  on cultural heritage, on ethnic background, it 

22  sullies the entire armed forces, and we need to 

23  fight back against it.  What those folks who 

24  hazed Danny Chen did is they disrespected every 

25  one of their brothers and sisters in the armed 

                                                               498

 1  forces.  

 2               And that's why I appreciate taking 

 3  a moment here on the floor of the Senate both to 

 4  honor Danny and his service and also to send the 

 5  message loud and clear that we are so grateful 

 6  and so proud of our men and women in the armed 

 7  forces, and together, as one, we must say this is 

 8  absolutely unacceptable.  

 9               And we need to make the changes 

10  necessary that there are no cover-ups, that you 

11  don't need a community to stand up to make this 

12  public, that the armed forces themselves are 

13  going to, from the highest levels, take this as 

14  seriously as they should.  

15               So I thank Senator Adams, in the 

16  name of Danny Chen, his mother and father, who 

17  are still constituents today, the entire 

18  Chinatown community, I thank Senator Adams for 

19  taking a moment today to honor his life and his 

20  service.

21               ACTING PRESIDENT GRIFFO:   Senator 

22  Perkins.

23               SENATOR PERKINS:   Thank you very 

24  much.  

25               I'll be brief in first thanking 

                                                               499

 1  Senator Adams for reminding us of the importance 

 2  of tolerance in our armed services and for our 

 3  soldiers, but even here in our chamber and in our 

 4  communities.  And it's unfortunate that this 

 5  tragedy would have to happen for us to be 

 6  reminded of this very, very message that this 

 7  resolution represents.

 8               So again, I just want to thank 

 9  Senator Adams for bringing this to our attention 

10  and for allowing us to be a part of remembering 

11  the need for tolerance and the sacrifice that had 

12  to be made for that remembrance.  

13               Thank you.

14               ACTING PRESIDENT GRIFFO:   Senator 

15  Parker.  

16               SENATOR PARKER:   Thank you, 

17  Mr. President.

18               I want to add my voice to those who 

19  are remembering not just this tragedy but this 

20  hero who was involved in it, and wanted to thank 

21  Senator Adams for his leadership in making sure 

22  that we don't forgot these kind of stories.  

23               As much as it is important and as 

24  much as we in this chamber are proud of the men 

25  and women who serve in our United States 

                                                               500

 1  military, we understand that things are not 

 2  perfect there and that we have to continue to 

 3  push ourselves as a body, to push ourselves as a 

 4  community, as a state, and as a nation to make 

 5  sure tolerance and inclusion is part of every 

 6  aspect of American life.

 7               And it's very ironic that somebody 

 8  who was fighting for those very ideas loses his 

 9  life not in service but because of an act of 

10  intolerance.  

11               And so we don't celebrate the 

12  tragedy, but we hope that we can lift a lesson 

13  from it and we remember the life of this great 

14  hero.

15               ACTING PRESIDENT GRIFFO:   Thank 

16  you, Senator Parker.

17               All in favor of the resolution 

18  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.

                                                               501

 1               SENATOR LIBOUS:   Mr. President, at 

 2  this time could we have the reading of the 

 3  noncontroversial calendar, please.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  Secretary will read.

 6               THE SECRETARY:   Calendar Number 

 7  119, by Senator Bonacic, Senate Print 6157A, an 

 8  act to amend the Education Law.

 9               ACTING PRESIDENT GRIFFO:   Read the 

10  last section.

11               THE SECRETARY:   Section 4.  This 

12  act shall take effect on the 180th day.

13               ACTING PRESIDENT GRIFFO:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 59.

17               ACTING PRESIDENT GRIFFO:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

20  124, by Senator DeFrancisco, Senate Print 3297A, 

21  an act to amend the Education Law.

22               ACTING PRESIDENT GRIFFO:   Read the 

23  last section.

24               THE SECRETARY:   Section 4.  This 

25  act shall take effect in six months.

                                                               502

 1               ACTING PRESIDENT GRIFFO:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 59.

 5               ACTING PRESIDENT GRIFFO:   The bill 

 6  is passed.

 7               THE SECRETARY:   Calendar Number 

 8  131, by Senator Klein, Senate Print 1031B, an act 

 9  to amend the Insurance Law.

10               ACTING PRESIDENT GRIFFO:   Read the 

11  last section.

12               THE SECRETARY:   Section 2.  This 

13  act shall take effect on the first of January.

14               ACTING PRESIDENT GRIFFO:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 59.

18               ACTING PRESIDENT GRIFFO:   The bill 

19  is passed.

20               THE SECRETARY:   Calendar Number 

21  133, by Senator Seward, Senate Print 2875, an act 

22  to amend the Insurance Law.

23               ACTING PRESIDENT GRIFFO:   Read the 

24  last section.

25               THE SECRETARY:   Section 2.  This 

                                                               503

 1  act shall take effect immediately.

 2               ACTING PRESIDENT GRIFFO:   Call the 

 3  roll.

 4               (The Secretary called the roll.)

 5               THE SECRETARY:   Ayes, 58.  Nays, 

 6  1.  Senator Parker recorded in the negative.

 7               ACTING PRESIDENT GRIFFO:   The bill 

 8  is passed.

 9               THE SECRETARY:   Calendar Number 

10  136, by Senator Little, Senate Print 547, an act 

11  to amend the Vehicle and Traffic Law.

12               ACTING PRESIDENT GRIFFO:   Read the 

13  last section.

14               THE SECRETARY:   Section 2.  This 

15  act shall take effect on the 180th day.

16               ACTING PRESIDENT GRIFFO:   Call the 

17  roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 59.

20               ACTING PRESIDENT GRIFFO:   The bill 

21  is passed.

22               THE SECRETARY:   Calendar Number 

23  138, by Senator DeFrancisco, Senate Print 2903B, 

24  an act to amend the Navigation Law.

25               ACTING PRESIDENT GRIFFO:   Read the 

                                                               504

 1  last section.

 2               THE SECRETARY:   Section 2.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT GRIFFO:   Call the 

 5  roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 59.

 8               ACTING PRESIDENT GRIFFO:   The bill 

 9  is passed.

10               THE SECRETARY:   Calendar Number 

11  139, by Senator Ritchie, Senate Print 5262, an 

12  act to amend the Vehicle and Traffic Law.

13               ACTING PRESIDENT GRIFFO:   Read the 

14  last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT GRIFFO:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 58.  Nays, 

21  1.  Senator Duane recorded in the negative.

22               ACTING PRESIDENT GRIFFO:   The bill 

23  is passed.

24               THE SECRETARY:   Calendar Number 

25  140, by Senator Ranzenhofer, Senate Print 5198B, 

                                                               505

 1  an act to repeal certain provisions of the Public 

 2  Authorities Law.

 3               ACTING PRESIDENT GRIFFO:   Read the 

 4  last section.

 5               THE SECRETARY:   Section 33.  This 

 6  act shall take effect on the 60th day.  

 7               ACTING PRESIDENT GRIFFO:   Call the 

 8  roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 59.

11               ACTING PRESIDENT GRIFFO:   The bill 

12  is passed.

13               Senator Libous, that completes the 

14  reading of the noncontroversial calendar.

15               SENATOR LIBOUS:   Mr. President, is 

16  there any further business at the desk?  

17               ACTING PRESIDENT GRIFFO:   There is 

18  no further business before the desk.  

19               Senator Libous.

20               SENATOR LIBOUS:   Mr. President, 

21  there being no further business at the desk, I 

22  move that the Senate adjourn until Monday, 

23  February 13th, at 3:00 p.m., intervening days 

24  being legislative days.

25               ACTING PRESIDENT GRIFFO:   On 

                                                               506

 1  motion, the Senate stands adjourned until Monday, 

 2  February 13th, at 3:00 p.m., intervening days 

 3  being legislative days.

 4               Senate adjourned.

 5               (Whereupon, at 11:38 a.m., the 

 6  Senate adjourned.)

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