Regular Session - February 13, 2012

                                                                   516

 1              NEW YORK STATE SENATE

 2                        

 3                        

 4             THE STENOGRAPHIC RECORD

 5                        

 6                        

 7                        

 8                        

 9                ALBANY, NEW YORK

10                February 13, 2012

11                    3:21 p.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  

                                                               517

 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:   Today 

10   our prayer will be offered by an extended 

11   member of the Senate family, the uncle of our 

12   distinguished Senator Pat Gallivan.  

13                So I'm pleased to introduce to 

14   you now Reverend Monsignor David M. Gallivan, 

15   pastor of the Church of the Holy Cross in 

16   Buffalo.

17                MONSIGNOR GALLIVAN:   A reading 

18   from the Book of Isaiah, Chapter 1:  

19                "Put away your misdeeds from 

20   before my eyes; cease doing evil.  Learn to 

21   do good; make justice your aim; redress the 

22   wronged; hear the orphan's plea and defend 

23   the widow.  Come, now, let us set things 

24   right, says the Lord."

25                Almighty and merciful and just 

                                                               518

 1   God, Creator of us all, You have revealed 

 2   Your glory to all the nations.  Through You 

 3   authority is rightly administered, laws are 

 4   enacted, and judgment is decreed.  Let the 

 5   light of Your divine wisdom direct the 

 6   deliberations of our New York State Senate 

 7   and shine forth in the proceedings and the 

 8   laws framed for our rule and government.  

 9                May this Senate seek to comfort 

10   and empower the poor and the disenfranchised, 

11   preserve the peace, promote happiness among 

12   our people, and continue to bring us the 

13   blessings of liberty, solidarity, and 

14   equality.

15                In these times of our competing 

16   calls for radical justice, may the Senate be 

17   open to Your challenge of radical justice.  

18                We likewise commend to Your 

19   unbounded mercy all citizens of this state, 

20   that we may be blessed in the knowledge and 

21   sanctified in the observance of Your holy 

22   law.  May Your mercy and Your compassion 

23   become obvious in their human expression:  

24   Equal justice for all.  

25                Preserve us in unity and in that 

                                                               519

 1   peace which the world cannot give and, after 

 2   enjoying the blessings of this life, admit us 

 3   to those that are eternal.  

 4                And we pray to You, our Lord and 

 5   God, living and reigning forever and ever.  

 6                Amen.

 7                ACTING PRESIDENT GRIFFO:   Thank 

 8   you, Monsignor Gallivan.  

 9                And welcome to you and the 

10   Gallivan family.

11                The reading of the Journal.

12                THE SECRETARY:   In Senate, 

13   Friday, February 10th, the Senate met 

14   pursuant to adjournment.  The Journal of 

15   Thursday, February 9th, was read and 

16   approved.  On motion, Senate adjourned.

17                ACTING PRESIDENT GRIFFO:   

18   Without objection, the Journal stands 

19   approved as read.  

20                Presentation of petitions.

21                Messages from the Assembly.

22                Messages from the Governor.

23                Reports of standing committees.

24                Reports of select committees.

25                Communications and reports from 

                                                               520

 1   state officers.

 2                Motions and resolutions.

 3                Senator Libous.

 4                SENATOR LIBOUS:   Mr. President, 

 5   on behalf of Senator Larkin, I move that the 

 6   following bills be discharged from their 

 7   respective committees and be recommitted with 

 8   instructions to strike the enacting clause:  

 9   Senate Numbers 2403 and 5328.

10                ACTING PRESIDENT GRIFFO:   So 

11   ordered.

12                Senator Libous.  

13                SENATOR LIBOUS:   Mr. President, 

14   I believe there's a privileged resolution at 

15   the desk by Senator Hannon.  May we please 

16   have it read in its entirety and call on 

17   Senator Hannon and then move for its 

18   adoption.

19                ACTING PRESIDENT GRIFFO:   The 

20   Secretary will read.

21                THE SECRETARY:   Legislative 

22   Resolution Number 3231, by Senator Hannon, 

23   memorializing Governor Andrew M. Cuomo to 

24   proclaim April 28, 2012, as Prescription Drug 

25   Take-Back Day in the State of New York, in 

                                                               521

 1   conjunction with National Prescription Drug 

 2   Take-Back Day.

 3                "WHEREAS, It is the custom of 

 4   this Legislative Body to recognize official 

 5   days that are set aside to increase awareness 

 6   of serious concerns that affect the lives of 

 7   citizens of New York State; and 

 8                "WHEREAS, Attendant to such 

 9   concern, and in full accord with its 

10   long-standing traditions, it is the sense of 

11   this Legislative Body to memorialize Governor 

12   Andrew M. Cuomo to proclaim Saturday, 

13   April 28, 2012, as Prescription Drug 

14   Take-Back Day in the State of New York, in 

15   conjunction with National Prescription Drug 

16   Take-Back Day and 

17                "WHEREAS, National Prescription 

18   Drug Take-Back Day was initiated in 2008 by 

19   the United States Department of Justice Drug 

20   Enforcement Administration, in an attempt to 

21   rid homes of accumulated unwanted, unused or 

22   expired prescription drugs in a safe and 

23   convenient way; and 

24                "WHEREAS, Last year, Americans 

25   who participated in the DEA'S third National 

                                                               522

 1   Prescription Drug Take-Back Day turned in 

 2   more than 377,000 pounds of unwanted or 

 3   expired medications for safe and proper 

 4   disposal at the 5,327 take-back sites that 

 5   were available in all 50 states and U.S. 

 6   territories; and 

 7                "WHEREAS, When the results of 

 8   the three prior Prescription Drug Take-Back 

 9   Days are combined, the DEA and its state, 

10   local, and tribal law enforcement and 

11   community partners have removed over 995,000 

12   pounds of medication from circulation; and 

13                "WHEREAS, The three Prescription 

14   Drug Take-Back Days to date have dramatically 

15   reduced the risk of prescription drug 

16   diversion and abuse as well as increased 

17   awareness of this critical public health 

18   issue; and 

19                "WHEREAS, Prescription Drug 

20   Take-Back Day promotes drug abuse prevention 

21   and public safety by providing communities 

22   with an environmentally safe 

23   no-questions-asked location to turn in 

24   prescription drugs that are no longer needed 

25   or are expired; and 

                                                               523

 1                "WHEREAS, 17 North Country law 

 2   enforcement jurisdictions and communities 

 3   participated in an October of 2011 event 

 4   during which a total of 571 pounds of 

 5   prescription drugs were collected for safe 

 6   disposal, including 127.3 pounds from North 

 7   Country nursing homes and long-term-care 

 8   facilities.  Previously, in an April 30, 

 9   2011, event 451 pounds of prescription drugs 

10   were collected.  As a result, more than 

11   1,021 pounds of prescription drugs were 

12   removed from North Country homes and streets 

13   through this community action program; and 

14                "WHEREAS, According to the 

15   New York State Department of Environmental 

16   Conservation, traces of drugs are being found 

17   in our lakes, rivers, and streams.  Some 

18   drugs pass largely unaltered through our 

19   wastewater treatment plants and enter rivers 

20   and other waters; and 

21                "WHEREAS, In addition, fish and 

22   other aquatic wildlife are being adversely 

23   affected, and there is documented concern 

24   that drug-resistant bacteria may develop; and 

25                "WHEREAS, It is imperative that 

                                                               524

 1   there be greater public awareness of this 

 2   serious issue, and more must be done to 

 3   increase knowledge and attentiveness at both 

 4   the state and local levels to protect both 

 5   the environment and the citizens of the State 

 6   of New York; now, therefore, be it 

 7                "RESOLVED, That this Legislative 

 8   Body pause in its deliberations to 

 9   memorialize Governor Andrew M. Cuomo to 

10   proclaim April 28, 2012, as Prescription Drug 

11   Take-Back Day in the State of New York, in 

12   conjunction with National Prescription Drug 

13   Take-Back Day, and be it further 

14                "RESOLVED, That a copy of this 

15   resolution, suitably engrossed, be 

16   transmitted to the Honorable Andrew M. Cuomo, 

17   Governor of the State of New York."

18                ACTING PRESIDENT GRIFFO:   

19   Senator Hannon.

20                SENATOR HANNON:   Thank you, 

21   Mr. President.

22                This resolution would be one 

23   step in addressing a problem that's affecting 

24   our society in regard to the misuse of 

25   prescription drugs, especially opioid drugs.  

                                                               525

 1                We had a roundtable, Senator 

 2   Klein with his committee and mine had a 

 3   roundtable this morning and had some really 

 4   dramatic testimony as to the tragedies that 

 5   can occur with the misuse of the opioid 

 6   drugs.  And a consistent theme by the people 

 7   participating in the roundtable was that 

 8   there's just simply too many drugs on the 

 9   street.  

10                In fact, one statistic I saw was 

11   that last year that we had a reporting 

12   period, which was 2010, there were 22 million 

13   prescriptions for painkillers issued in 

14   New York State.  Think of that, 22 million.  

15   That's more than we have people.

16                And as the resolution also 

17   notes, the amount of drugs -- not necessarily 

18   painkillers -- that are out there that are 

19   sometimes dumped down the toilet, they can 

20   cause pollution to the environment.  

21   Something that people have now found, the 

22   testers have found antibiotics throughout our 

23   feedstock, which decreases the resistance in 

24   human beings down the road.

25                So for all these reasons, we 

                                                               526

 1   want to participate in the National Take-Back 

 2   Day, have April 28th as New York's Take-Back 

 3   Day.  And I invite all present here to 

 4   participate as sponsors of the resolution.

 5                ACTING PRESIDENT GRIFFO:  Thank 

 6   you, Senator Hannon.

 7                The question is on the 

 8   resolution.  All in favor signify by saying 

 9   aye.

10                (Response of "Aye.")

11                ACTING PRESIDENT GRIFFO:   

12   Opposed?

13                (No response.)

14                ACTING PRESIDENT GRIFFO:   The 

15   resolution is adopted.

16                Senator Libous.

17                SENATOR LIBOUS:   Thank you, 

18   Mr. President.

19                I believe at this time could you 

20   recognize Senator Klein for an announcement.

21                ACTING PRESIDENT GRIFFO:   

22   Senator Klein.

23                SENATOR KLEIN:   Thank you, 

24   Mr. President.  

25                And thank you for giving me the 

                                                               527

 1   ability to speak on a resolution that's going 

 2   to come up Wednesday, but we have two very 

 3   special guests.  

 4                Let me first start by 

 5   acknowledging two very courageous young women 

 6   who we're going to be honoring in this 

 7   chamber on Wednesday, Jamie Isaacs and 

 8   Paige Pless, and their families, who are here 

 9   with us today.  Both are, I believe, an 

10   inspiration for teenagers across the state 

11   and testaments of natural strength and true 

12   character.  And we're honoring them today 

13   because the two of them have simultaneously, 

14   one in Long Island and one in Albany, spoke 

15   out against cyberbullying.  

16                Just to just talk a little bit 

17   about this issue -- and I know several of my 

18   colleagues, like Senator Hannon and Senator 

19   Saland, are working on this issue -- this is 

20   something that is impacting our young 

21   people.  And I think what we're seeing each 

22   and every day is that cyberbullying is the 

23   practice of teens and other minors using 

24   modern devices like smartphones and laptops 

25   to harass, embarrass, and hurt one another.  

                                                               528

 1                You know, when I was growing up 

 2   you had a tangible bully, the schoolyard 

 3   bully.  You had a fight after school, you 

 4   shook hands, usually you were fast friends.  

 5   But what we're seeing now in the digital age 

 6   is hundreds of hordes of invisible bullies 

 7   that are hiding behind social media and 

 8   harassing one another.  I think the old adage 

 9   that "Sticks and stones may break your bones 

10   but words cannot harm you," I think we're 

11   seeing unfortunately that words can kill.

12                So these two young women -- 

13   Jamie Isaacs, who's 15 years old and a 

14   high school student at Lake Grove in 

15   Senator Flanagan's district, was cyberbullied 

16   for six years.  Six years.  It got so bad 

17   that at one point kids in her school started 

18   a website called the "I Hate Jamie Club," 

19   where she was harassed each and every day.

20                Well, she stood up.  She fought 

21   cyberbullying.  She started her own 

22   foundation, the Jamie Isaacs Foundation.  She 

23   has her own 24-hour hotline where she was 

24   able to talk eight teenagers out of 

25   committing suicide.  So she has turned a 

                                                               529

 1   negative into a positive, and I want to thank 

 2   her for that.

 3                We also have with us, as I 

 4   mentioned earlier, Paige Pless, another young 

 5   woman who was bullied day after day, time and 

 6   time again.  Some of the taunts were so cruel 

 7   I can't repeat them here today on the Senate 

 8   floor.  

 9                But again, Paige reached out to 

10   the Anti-Defamation League, is now working on 

11   a project to mentor young people, to educate 

12   young people, to let them know about the 

13   horrors of cyberbullying.

14                As a matter of fact, recently 

15   she spoke before her entire school on the 

16   problems of cyberbullying, confronting those 

17   same bullies that taunted her day after day, 

18   year after year.

19                Again, I want to thank them both 

20   for coming out here.  Because unfortunately 

21   when we read our daily newspapers or watch 

22   our TV we always see sort of the last hope of 

23   young people when it comes to cyberbullying, 

24   those who take their own lives.  

25                So these young women handled it 

                                                               530

 1   and really should be showcased like the women 

 2   who each and every day are handling this, 

 3   educating their peers, and I think taking a 

 4   very horrible negative situation into a 

 5   positive one.

 6                So I want to make sure that, 

 7   come Wednesday, all of my colleagues vote for 

 8   this important resolution.  But in the 

 9   meantime, I want to make sure that we all 

10   recognize these two fine young ladies.  

11                Thank you, Mr. President.

12                ACTING PRESIDENT GRIFFO:   Thank 

13   you, Senator Klein.  

14                Senator Libous.

15                SENATOR LIBOUS:   Thank you, 

16   Mr. President.  

17                At this time I just want to 

18   mention to everybody that Senator Hannon's 

19   resolution, everybody will be put on it as a 

20   cosponsor unless you wish not to be on it, 

21   and then you should alert the desk to have 

22   your name taken off.  

23                And could you now call on 

24   Senator Espaillat for the purposes of an 

25   announcement.

                                                               531

 1                ACTING PRESIDENT GRIFFO:   Thank 

 2   you, Senator Libous.

 3                Senator Espaillat.

 4                SENATOR ESPAILLAT:   Thank you, 

 5   Mr. President.  Thank you for allowing me the 

 6   opportunity to address my colleagues.  

 7                We have a resolution that will 

 8   be up before us in the next couple of days 

 9   honoring Dominican Heritage Month, which is 

10   the month of February.  February 27th is 

11   Dominican Independence Day.  

12                And today we have the 

13   distinguished privilege of having the 

14   ambassador of the Dominican Republic to the 

15   Organization of American States in 

16   Washington, Ambassador Roberto Saladin, who's 

17   here with us today, as well as Ambassador 

18   Victor Tirado, and also the consul general of 

19   the Dominican Republic in New York City, 

20   Máximo Corcino.  They're all with us.  

21                We also have three members of 

22   Congress from the Dominican Republic, Rudy 

23   Garcia, Jose Francisco Santana, and 

24   Graciela Fermin Nuesi.  All three of them are 

25   members of the Congress, of the House of 

                                                               532

 1   Representatives in the Dominican Republic.  

 2   And they're here to celebrate Dominican 

 3   heritage.  

 4                Later on we have also a 

 5   reception, and we have members of the 

 6   community that are visiting Albany, including 

 7   some young people that will be dancing and 

 8   giving us some folklore activities later on 

 9   this afternoon, so I want to also welcome 

10   them to this chamber.

11                And traditionally Dominicans 

12   across New York State and perhaps the country 

13   are identified with famous ballplayers like 

14   Alex Rodriguez or Robinson Cano or Mr. Pujols 

15   from the St. Louis Cardinals -- or used to be 

16   from the St. Louis Cardinals -- but also with 

17   movie stars like Zoe Saldana or Michelle 

18   Rodriguez.  

19                But the community is much more 

20   than that.  It is hardworking people that 

21   helped to rescue and preserve Northern 

22   Manhattan.  It is hardworking people that 

23   worked very hard to preserve Corona, Queens, 

24   and now the West Bronx, which is represented 

25   by our colleague Gustavo Rivera, as well as 

                                                               533

 1   other parts of the Bronx represented by our 

 2   dear esteemed colleague Ruben Diaz, Senior.  

 3                So the community is much more 

 4   than that, and we're happy to have them all 

 5   here celebrating the culture and the legacy 

 6   of the Dominican Republic, a country that saw 

 7   the first university in the hemisphere and 

 8   the first cathedral in the hemisphere.  So it 

 9   is, in essence, a cradle of the new 

10   hemisphere in the planet.  And we're happy to 

11   have them all here celebrating this special 

12   moment.  

13                And, Mr. President, please -- 

14   particularly for our ambassador and consul 

15   general, who were stuck for an hour in an 

16   elevator at the LOB and were rescued by the 

17   Fire Department, along with Senator 

18   Espaillat -- please extend them the 

19   courtesies of this house.  

20                Thank you so much.

21                ACTING PRESIDENT GRIFFO:   Thank 

22   you, Senator Espaillat.

23                Mr. Ambassador, Mr. Consul 

24   General, members of Congress, please rise.  

25   Bienvenido.  

                                                               534

 1                And let's -- I'm going to get to 

 2   all the members of the Senate that want to 

 3   speak.  But I want to extend the privileges 

 4   of the floor to the members that are here, 

 5   Mr. Ambassador and Mr. Consul General.  

 6   Thank you.

 7                Now, Senator Diaz.

 8                SENATOR DIAZ:   Thank you, 

 9   Mr. President.  

10                Mr. President, as you know, this 

11   is the second time that this chamber 

12   celebrates the Dominican heritage in the 

13   history of this chamber.  It was under the 

14   leadership of Senator Sampson a few years ago 

15   that the first -- under the leadership of 

16   Senator Sampson and at the request of Rosa 

17   Ayala and Felipe Febles, this chamber 

18   celebrated for the first time the Dominican 

19   Heritage Month.  Ambassador Roberto Saladin 

20   came from Washington and joined us that day.  

21                But what am I saying this for?  

22   I'm saying this, Mr. President and ladies and 

23   gentlemen, because if you want to know about 

24   the growing influence of a community, if you 

25   want to know about a community that is 

                                                               535

 1   expanding everywhere, you have to take a 

 2   look, a real serious and deep look to the 

 3   Dominican community.  

 4                Because when that happens, and 

 5   Senator Serrano and Senator Dilan and two 

 6   other Senators that are not here today were 

 7   here, there was no Dominican in this 

 8   chamber.  And there were two, only two 

 9   Dominicans in the other house, Senator 

10   Adriano Espaillat and Senator Jose Peralta.  

11                A few years later, a few years 

12   later, ladies and gentlemen, we not only 

13   have -- the Dominican community not only have 

14   two Assemblymen, but they have three:  

15   Assemblymember Guillermo Linares, 

16   Assemblymember Nelson Castro, and 

17   Assemblymember Rafael Espinal.  And they have 

18   two Dominican Senators in this chamber.  So 

19   that is to show you the big influence of this 

20   community.  

21                And to that community, and to 

22   Rosa Ayala and to Felipe Febles that have 

23   been coordinating the Bronx Dominican Parade, 

24   for many years coordinating that community, 

25   and to those members of the Dominican 

                                                               536

 1   community that are up there, and to our 

 2   beloved ambassador and consul general and to 

 3   the rest of the delegation, thank you for 

 4   being here.  Continue your struggling, 

 5   continue growing.  

 6                And I'm honored to join and 

 7   congratulate Senator Espaillat for doing this 

 8   today, and I hope today at 5 o'clock we're 

 9   going to dance some Dominican merengue and 

10   some Dominican merengue ripaio and some 

11   bachata.  

12                And if you want to know what's a 

13   bachata and merengue ripaio, come tonight at 

14   5 o'clock.  I invite you.

15                Thank you, Mr. President.

16                ACTING PRESIDENT GRIFFO:   Thank 

17   you, Senator Diaz.  

18                Senator Peralta.

19                SENATOR PERALTA:   Thank you, 

20   Mr. President.

21                I too join the chorus of 

22   welcoming the ambassador, Roberto Saladin, 

23   and the consul general, Máximo Corcino, as 

24   well as the other delegates that are here 

25   with the ambassador.  

                                                               537

 1                Today we are celebrating a 

 2   cultural event at 5 o'clock, as Senator Diaz 

 3   pointed out, and the reason we're doing so is 

 4   because this year marks the 168th anniversary 

 5   of independence of the Dominican Republic.  

 6                Just as American independence is 

 7   closely identified with the tireless, 

 8   fearless leadership of George Washington, 

 9   Ben Franklin, Thomas Jefferson and John 

10   Adams, in a celebration of Dominican 

11   independence we would be remiss not to 

12   recognize La Trinitaria.  

13                In 1838, Juan Pablo Duarte 

14   formed La Trinitaria, a secret society 

15   founded to win independence from Haiti.  

16   Duarte was joined by Ramon Matias Mella and 

17   Rosario Sanchez.  The revolution they set in 

18   motion resulted in La Trinitaria declaring 

19   independence from Haiti on February 27, 

20   1844.  Later that year the Dominican 

21   Republic's first constitution was adopted.  

22                Pico Duarte in the Dominican 

23   Republic, the highest mountain in the 

24   Caribbean, and Duarte Square in New York and 

25   other noteworthy landmarks named in his honor 

                                                               538

 1   are testaments to Duarte's historical 

 2   significance.

 3                This year, as I mentioned, we 

 4   celebrate the 168th anniversary of the 

 5   Dominican Republic's independence and the 

 6   contributions made by Dominicans and 

 7   Dominican-Americans.  From politics and the 

 8   economy to the arts and culture, Dominicans 

 9   have enriched our lives and our country.  

10   Dominicans and Dominican-Americans have 

11   strengthened our neighborhoods and our 

12   economy through their valuable contributions 

13   and customs.  

14                By way of the resolution that's 

15   going to be read on Wednesday, we extend our 

16   best wishes to our Dominican-American friends 

17   throughout the City of New York and across 

18   the state, and we welcome all of you today 

19   this evening to join us at the celebration at 

20   5 p.m., where there will be some bachata 

21   dancing, some merengue dancing, even some 

22   Puerto Rican salsa dancing, and lots and lots 

23   of food.  

24                So please join us today.  

25   Everyone across the aisle, please join us.  

                                                               539

 1   And we will have not only a great 

 2   celebration, but we will have lots of fun.

 3                Thank you, Mr. President.

 4                ACTING PRESIDENT GRIFFO:   Thank 

 5   you, Senator Peralta.

 6                Senator Smith.

 7                SENATOR SMITH:   Thank you very 

 8   much, Mr. President.  

 9                Welcome, ambassadors.  Welcome, 

10   members of Congress.  

11                I rise, Mr. President, just to 

12   congratulate my colleagues Senator Espaillat, 

13   Senator Diaz, and of course Senator Peralta.  

14                You know, it tells you just how 

15   great this state is when, on the floor of 

16   this chamber, you can have Senator Klein on 

17   one hand talk about cyberbullying and five 

18   minutes later we're celebrating 168 years of 

19   independence.  I think it goes to the 

20   testimony of how great this state is and how 

21   diversification can be a positive for any 

22   particular state.

23                I myself have not been to the 

24   Dominican Republic yet.  Assemblyman Keith 

25   Wright has told me he's bringing me there 

                                                               540

 1   this April.  So I'm going to make sure that 

 2   Senator Perkins goes with me, and we will go 

 3   together.  

 4                But I did want to stand only to 

 5   make all understand that 160 years of 

 6   independence is a great moment.  It's a great 

 7   moment for each and every one of you.  I 

 8   congratulate you, congratulate those guests 

 9   who are here in the audience, and look 

10   forward to little bit of salsa and merengue 

11   this evening -- because I can do my step 

12   (demonstrating).

13                (Laughter.)

14                SENATOR SMITH:   Thank you, 

15   Mr. President.

16                ACTING PRESIDENT GRIFFO:   Thank 

17   you, Senator Smith.

18                Again, I would like to ask our 

19   ambassador, please stand and be acknowledged, 

20   Mr. Consul General, and the members of 

21   Congress.  Bienvenido.

22                (Applause.)

23                ACTING PRESIDENT GRIFFO:   Also 

24   I would like to acknowledge in the gallery 

25   today, because these were announcements of 

                                                               541

 1   resolutions that we will be acting on on 

 2   Wednesday, also with us is Paige Pless and 

 3   Jamie Isaacs.  Jamie and Paige.

 4                (Applause.)

 5                ACTING PRESIDENT GRIFFO:   We 

 6   welcome you and thank you for your efforts.  

 7                And to all the members who have 

 8   joined us today to celebrate the Dominican 

 9   Heritage Day, thank you very much.

10                Senator Libous.

11                SENATOR LIBOUS:   Mr. President, 

12   at this time could we have the reading of the 

13   noncontroversial calendar, please.

14                ACTING PRESIDENT GRIFFO:   I 

15   would ask the members to please give me a 

16   little silence as we begin the reading of the 

17   calendar.

18                The Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   35, by Senator Hannon, Senate Print 5880A, an 

21   act to amend the Public Health Law.

22                ACTING PRESIDENT GRIFFO:   Read 

23   the last section.

24                THE SECRETARY:   Section 3.  

25   This act shall take effect immediately.

                                                               542

 1                ACTING PRESIDENT GRIFFO:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 57.  

 5   Nays, 1.  Senator Duane recorded in the 

 6   negative.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   62, by Senator Martins, Senate Print 3210B, 

11   an act to amend the Penal Law.

12                ACTING PRESIDENT GRIFFO:   Read 

13   the last section.

14                THE SECRETARY:   Section 3.  

15   This act shall take effect September 1, 2012.

16                ACTING PRESIDENT GRIFFO:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 57.  

20   Nays, 1.  Senator Duane recorded in the 

21   negative.

22                ACTING PRESIDENT GRIFFO:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   65, by Senator Hannon, Senate Print 6066, an 

                                                               543

 1   act to amend the Penal Law.

 2                ACTING PRESIDENT GRIFFO:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  

 5   This act shall take effect on the first of 

 6   November.

 7                ACTING PRESIDENT GRIFFO:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 58.

11                ACTING PRESIDENT GRIFFO:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   148, by Senator Fuschillo, Senate Print 

15   2728C, an act to amend the Tax Law.

16                ACTING PRESIDENT GRIFFO:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  

19   This act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:  Ayes, 58.

24                ACTING PRESIDENT GRIFFO:   The 

25   bill is passed.

                                                               544

 1                THE SECRETARY:   Calendar Number 

 2   149, by Senator Larkin, Senate Print 4241A, 

 3   an act to amend the Alcoholic Beverage 

 4   Control Law.

 5                ACTING PRESIDENT GRIFFO:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 9.  

 8   This act shall take effect on the 180th day.

 9                ACTING PRESIDENT GRIFFO:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 56.  

13   Nays, 2.  Senators Diaz and Duane recorded in 

14   the negative.

15                ACTING PRESIDENT GRIFFO:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   153, by Senator DeFrancisco, Senate Print --

19                SENATOR LIBOUS:   Lay the bill 

20   aside for the day, please.

21                ACTING PRESIDENT GRIFFO:   The 

22   bill is laid aside for the day.

23                THE SECRETARY:   Calendar Number 

24   154, by Senator Marcellino, Senate Print 

25   924A, an act to amend the Penal Law.

                                                               545

 1                ACTING PRESIDENT GRIFFO:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 6.  

 4   This act shall take effect on the first of 

 5   November.

 6                ACTING PRESIDENT GRIFFO:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:  Ayes, 56.  Nays, 

10   2.  Senators Duane and Perkins recorded in 

11   the negative.  

12                ACTING PRESIDENT GRIFFO:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   156, by Senator Sampson, Senate Print 1620, 

16   an act to amend the Penal Law.

17                ACTING PRESIDENT GRIFFO:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  

20   This act shall take effect on the first of 

21   November.

22                ACTING PRESIDENT GRIFFO:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 58.

                                                               546

 1                ACTING PRESIDENT GRIFFO:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   157, by Senator Golden, Senate Print 1746, an 

 5   act to amend the Civil Rights Law.

 6                ACTING PRESIDENT GRIFFO:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  

 9   This act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 58.

14                ACTING PRESIDENT GRIFFO:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   158, by Senator Skelos, Senate Print 1826, an 

18   act to amend the Penal Law.

19                ACTING PRESIDENT GRIFFO:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  

22   This act shall take effect on the first of 

23   November.

24                ACTING PRESIDENT GRIFFO:   Call 

25   the roll.

                                                               547

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 58.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   159, by Senator Bonacic, Senate Print 2141A, 

 7   an act to amend the Penal Law.

 8                ACTING PRESIDENT GRIFFO:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  

11   This act shall take effect on the first of 

12   November.

13                ACTING PRESIDENT GRIFFO:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 56.  

17   Nays, 2.  Senators Duane and Squadron 

18   recorded in the negative.

19                ACTING PRESIDENT GRIFFO:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   160, by Senator Saland, Senate Print 4092, an 

23   act to amend the Criminal Procedure Law.

24                ACTING PRESIDENT GRIFFO:   Read 

25   the last section.

                                                               548

 1                THE SECRETARY:   Section 3.  

 2   This act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 58.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   161, by Senator Hannon, Senate Print 5260C, 

11   an act to amend the Penal Law.

12                ACTING PRESIDENT GRIFFO:   Read 

13   the last section.

14                THE SECRETARY:   Section 10.  

15   This act shall take effect on the 90th day.

16                ACTING PRESIDENT GRIFFO:  Call 

17   the roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 58.

20                ACTING PRESIDENT GRIFFO:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   163, by Senator Ranzenhofer, Senate Print 

24   4124, an act to amend the Public Health Law.

25                ACTING PRESIDENT GRIFFO:   Read 

                                                               549

 1   the last section.

 2                THE SECRETARY:   Section 2.  

 3   This act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 57.  

 8   Nays, 1.  Senator Duane recorded in the 

 9   negative.

10                ACTING PRESIDENT GRIFFO:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   166, by Senator Hannon, Senate Print 6271, an 

14   act to amend the Public Health Law.

15                ACTING PRESIDENT GRIFFO:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  

18   This act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 58.

23                ACTING PRESIDENT GRIFFO:   The 

24   bill is passed.

25                Senator Libous, that completes 

                                                               550

 1   the noncontroversial reading of the calendar.

 2                SENATOR LIBOUS:   Mr. President, 

 3   is there any further business at the desk?  

 4                ACTING PRESIDENT GRIFFO:   There 

 5   is no further business.

 6                SENATOR LIBOUS:   Mr. President, 

 7   there being no further business, I move that 

 8   we adjourn until Tuesday, February 14th, 

 9   Valentine's Day, at 3:00 p.m.

10                ACTING PRESIDENT GRIFFO:   On 

11   motion, the Senate stands adjourned until -- 

12   I'm feeling the love.  We're getting ready 

13   for Valentine's Day.  

14                On motion, the Senate stands 

15   adjourned until Tuesday, February 14th, 

16   at 3:00 p.m.  Senate adjourned.

17                (Whereupon, at 3:54 p.m., the 

18   Senate adjourned.)

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