Regular Session - March 13, 2012
1021
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 March 13, 2012
11 3:13 p.m.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR JOHN J. BONACIC, 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 BONACIC: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage
8 recited the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT BONACIC: Today
10 we're going to have two clergy. First we're
11 going to start with Rabbi Steven Graber, of
12 Temple Hillel in North Woodmere.
13 Rabbi?
14 RABBI GRABER: Ladies and
15 gentlemen of the Senate, know that it is a
16 great honor for me to be here today to pray
17 with you and for you as you work for the
18 betterment of this state and its citizens.
19 And thus I pray {in Hebrew}.
20 Sovereign of the universe, we thank You for
21 the blessings which You have bestowed upon
22 us. Thank You for giving us life and
23 sustaining us.
24 As citizens of the United States,
25 we live in the greatest democracy history has
1023
1 ever known. And as citizens of New York, we
2 live in the greatest state in all of America.
3 Thank You, O, Lord, for that privilege.
4 Jewish tradition teaches that
5 You, O God, created this world wonderfully and
6 miraculously, yet a little less than perfect,
7 and that You created man for the purpose of
8 bringing our world closer to that elusive
9 state of perfection.
10 These Senators before whom I
11 stand today are the good men and women who we
12 have elected to lead us and to create
13 legislation for the betterment of our
14 society. Bless them, O Lord. Bless our
15 Senators and shine Your light upon them.
16 Increase their understanding of how to use
17 their gifts and their creative spirits to
18 solve that the issues that face our Senate
19 today.
20 Help them to act in kindness,
21 love, humility, and compassion as they work to
22 create a more balanced society where justice
23 is tempered with mercy, a society where
24 goodness and righteousness can advance and
25 thrive.
1024
1 Author of creation {in Hebrew}
2 who has given from His glory to mortal man,
3 continue to bless our Governor Andrew Cuomo,
4 our Senate Majority Leader Dean Skelos, our
5 62 State Senators, and all of the men and
6 women of their staffs who are responsible for
7 the welfare of our great State of New York.
8 {In Hebrew} Grant blessing and
9 success to all the worthy deeds that they
10 perform.
11 And let us say amen.
12 ACTING PRESIDENT BONACIC: Thank
13 you, Rabbi Graber.
14 Our second speaker will be
15 Reverend Richard Dellos, who's pastor of
16 St. Joseph and St. Patrick Church in Utica.
17 PASTOR DELLOS: First the
18 Old Testament, then the New Testament.
19 Bless Your public servants,
20 O Lord. Bless their families today and every
21 day.
22 Thank You for the gifts that you
23 have given to them all. Their bodies, make
24 them healthy to do Your work. Their minds,
25 help them to know the issues and that they may
1025
1 understand their relative importance.
2 You bless them also with the gift
3 of the will, so that we can choose what is
4 practical for the common good. And You have
5 blessed them with a spirit that is deep within
6 where they can meet You and sense your holy
7 presence.
8 And You have blessed them also in a
9 very special holy sacred place, a sanctuary that
10 is the sacred core of humanity. It is here that
11 we are alone with God. It is called the
12 conscience.
13 Cleanse them from dead works so
14 that we can truly serve You as God. Thank You
15 for speaking to us through the holy conscience,
16 that we may hear You speaking to us here as Your
17 voice echoes in our depths.
18 So bless their bodies, their minds,
19 their spirits, and their consciences, these Your
20 public servants who do Your work promoting the
21 common good.
22 Amen.
23 ACTING PRESIDENT BONACIC: Thank
24 you, Reverend Dellos.
25 The reading of the Journal.
1026
1 THE SECRETARY: In Senate, Monday,
2 March 12, the Senate met pursuant to adjournment.
3 The Journal of Sunday, March 11, was read and
4 approved. On motion, Senate adjourned.
5 ACTING PRESIDENT BONACIC: Without
6 objection, the Journal stands approved as read.
7 Presentation of petitions.
8 Messages from the Assembly.
9 Messages from the Governor.
10 Reports of standing committees.
11 Reports of select committees.
12 Communications and reports from
13 state officers.
14 Motions and resolutions.
15 Senator Libous.
16 SENATOR LIBOUS: Thank you,
17 Mr. President.
18 On behalf of Senator Gallivan, on
19 page 12 I offer the following amendments to
20 Calendar Number 259, Print Number 5868, and ask
21 that said bill retain its place on the Third
22 Reading Calendar.
23 ACTING PRESIDENT BONACIC: The
24 amendments are received, and the bill will retain
25 its place on the Third Reading Calendar.
1027
1 Senator Libous.
2 SENATOR LIBOUS: Thank you,
3 Mr. President.
4 I have one more, on behalf of
5 Senator Griffo. I move that the following bill
6 be discharged from its respective committee and
7 be recommitted with instructions to strike the
8 enacting clause: Senate Print 5686.
9 ACTING PRESIDENT BONACIC: So
10 ordered.
11 Senator Libous.
12 SENATOR LIBOUS: Mr. President, at
13 this time may we adopt the Resolution Calendar,
14 with the exception of Resolution Numbers 3559,
15 3570, and 3593.
16 SENATOR SQUADRON: Mr. President.
17 ACTING PRESIDENT BONACIC: Senator
18 Squadron, why do you rise?
19 SENATOR SQUADRON: Mr. President,
20 before we adopt the Resolution Calendar, I'd like
21 to be heard on Senate Legislative Resolution
22 3582, which is on the calendar and is being
23 offered by Senator Skelos, recognizing and
24 celebrating the week of March 11th through 17th
25 as Sunshine Week.
1028
1 Thank you, Mr. President.
2 ACTING PRESIDENT BONACIC: Senator
3 Squadron, we're going to adopt it as a group. Do
4 you want to take that off and have it debated
5 separately?
6 SENATOR SQUADRON: Mr. President,
7 I'm happy to discuss it and debate it ahead of
8 the Resolution Calendar, which I believe is in
9 order.
10 If we'd like to pull it and discuss
11 it separately, I'm happy to work with the
12 Majority on that solution as well.
13 SENATOR LIBOUS: Mr. President.
14 ACTING PRESIDENT BONACIC: Yes,
15 Senator Libous.
16 SENATOR LIBOUS: Mr. President,
17 I'm glad you gave Senator Squadron a chance to
18 speak.
19 Although I did have the floor,
20 Senator, and didn't relinquish it, but it was
21 good to hear from you.
22 We have no problem if you want
23 to -- I'll add that resolution to the ones -- we
24 haven't adopted the calendar yet, so we'll add
25 that resolution number. If the desk could repeat
1029
1 the resolution number.
2 ACTING PRESIDENT BONACIC: It was
3 Resolution Number 3582.
4 SENATOR LIBOUS: So if we may,
5 Senator Squadron, at this time I'd like to move
6 the adoption of the Resolution Calendar, with the
7 exception of Resolutions 3582, 3559, 3570, and
8 3593.
9 ACTING PRESIDENT BONACIC: All in
10 favor of adopting the Resolution Calendar with
11 the exception of those four resolutions -- 3559,
12 3570, 3582, and 3593 -- signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT BONACIC:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT BONACIC: The
18 Resolution Calendar is adopted.
19 Senator Libous.
20 SENATOR LIBOUS: Thank you,
21 Mr. President.
22 At this time Senator Seward, I
23 believe, has Resolution Number 3593 at the desk.
24 We would like to have it read in its entirety,
25 and then Senator Seward would like to be called
1030
1 on and then we move for its immediate adoption.
2 ACTING PRESIDENT BONACIC: The
3 Secretary will read.
4 THE SECRETARY: Legislative
5 Resolution Number 3593, by Senator Seward,
6 memorializing Governor M. Andrew Cuomo to
7 proclaim March 12-17, 2012, as Flood Safety
8 Awareness Week in the State of New York.
9 "WHEREAS, It is the sense of this
10 Legislative Body to memorialize Governor Andrew
11 M. Cuomo to proclaim March 12-17, 2012, as Flood
12 Safety Awareness Week in the State of New York,
13 in conjunction with National Flood Safety
14 Awareness Week; and
15 "WHEREAS, The National Oceanic and
16 Atmospheric Administration has named March 12-17,
17 2012, as National Flood Safety Awareness Week;
18 and
19 "WHEREAS, Floods can happen
20 anytime, anywhere, and without warning; and
21 "WHEREAS, Flooding creates
22 emergencies of great concern to New York State,
23 with imminent threat to life and property, and
24 causes hundreds of millions of dollars in damage
25 to homes, businesses, and local government
1031
1 infrastructure; and
2 "WHEREAS, A large number of
3 communities across New York State suffered major
4 flooding in 2011 as a result of Hurricane Irene
5 and Tropical Storm Lee, causing millions of
6 dollars in damages and leading to the loss of
7 homes, properties, public infrastructure,
8 businesses, and income; and
9 "WHEREAS, Individuals and families
10 are still, to this day, struggling to recover
11 after having lost everything in the floods; and
12 "WHEREAS, Damage from a flood is
13 not normally covered under a standard homeowner's
14 policy, and residents need to review their
15 homeowner's policies and consider their risks for
16 flooding and the need for flood insurance; and
17 "WHEREAS, This Legislative Body
18 concurs that a public that is well-informed of
19 the dangers associated with flooding can improve
20 its preparedness and reduce the occurrence of
21 death, injury, and property damage as a result of
22 severe flooding; now, therefore, be it
23 "RESOLVED, That this Legislative
24 Body pause in its deliberations to memorialize
25 Governor Andrew M. Cuomo to proclaim March 12-17,
1032
1 2012, as Flood Safety Awareness Week in the State
2 of New York; and be it further
3 "RESOLVED, That a copy of this
4 resolution, suitably engrossed, be transmitted to
5 The Honorable Andrew M. Cuomo, Governor of the
6 State of New York."
7 ACTING PRESIDENT BONACIC: Senator
8 Seward.
9 SENATOR SEWARD: Thank you,
10 Mr. President.
11 We all became very painfully aware
12 on August 28th of 2011, and then a few days later
13 in early September of 2011, when both Hurricane
14 Irene and then Tropical Storm Lee came through
15 New York State.
16 And in its wake in both of those
17 storms, we saw millions and millions of dollars
18 of damages to so many communities in my Senate
19 district, in yours, Mr. President,
20 Senator Libous's, and several other members
21 throughout the state. Millions and millions of
22 dollars of damages in property, and in some
23 cases, tragically, a few New Yorkers were lost in
24 terms of their lives that day.
25 And many of our communities, so
1033
1 many of them are still recovering from those
2 tragic floods of last year. As impressed as we
3 are with the resiliency of the people of those
4 communities, they still have a long way to go
5 because of the severe damage.
6 Now, March 12th through the 17th,
7 this week, is National Flood Awareness Week, and
8 it is a week set aside to help individuals,
9 homeowners, business owners, and communities
10 focus on better preparing themselves for floods
11 and the potential damage that can occur from
12 flooding.
13 And one thing that homeowners and
14 property owners can do is to review their
15 insurance coverage as it relates to floods.
16 Regular homeowner's insurance policies do not
17 cover flood damage, and a property owner must get
18 separate coverage through the National Flood
19 Insurance Program in order to receive that
20 coverage.
21 And in conjunction with this
22 National Flood Safety Awareness Week,
23 Mr. President, Senator Bonacic and I jointly
24 sponsored a public roundtable yesterday to
25 discuss some of the issues surrounding the flood
1034
1 insurance and to come up with suggestions to
2 improve the National Flood Insurance Program
3 claims process, which is in great need of
4 improvement.
5 And we had a very good discussion,
6 we had a number of stakeholders at the table. We
7 identified a number of improvements that can be
8 made to the systems that will ensure that
9 homeowners have adequate flood coverage and that
10 that insurance coverage and their claims will be
11 paid when they are needed. And we're going to
12 work with our federal colleagues to see that some
13 of those changes are made.
14 Now, we at the state level, we can
15 start by reviewing the notice that's included in
16 the standard homeowner's insurance policy
17 informing individuals that flooding is not
18 covered. Is the notice clear enough, can it be
19 reworded in a way that will make it easier for
20 people to understand that they need to get a
21 separate flood insurance policy through the
22 National Flood Insurance Program in order to
23 receive that coverage?
24 And so I would urge, through this
25 resolution, the Governor to join the federal
1035
1 government and also proclaim March 12 through the
2 17th, this week, as Flood Safety Awareness Week
3 in the State of New York, so that we can better
4 raise awareness among our citizenry that flooding
5 can cause severe damage and we must do more to be
6 better prepared.
7 Thank you, Mr. President.
8 ACTING PRESIDENT BONACIC: Any
9 other Senator wish to speak on the resolution?
10 Seeing none, the question is on the
11 resolution. All in favor signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT BONACIC:
14 Opposed, nay.
15 (No response.)
16 ACTING PRESIDENT BONACIC: The
17 resolution is adopted.
18 Senator Seward has indicated that
19 this is open for sponsorship.
20 Senator Libous.
21 SENATOR LIBOUS: Thank you,
22 Mr. President.
23 I believe there's a resolution,
24 Number 3570, at the desk by Senator Diaz. Could
25 you please have it read in its entirety and call
1036
1 on Senator Diaz.
2 ACTING PRESIDENT BONACIC: Thank
3 you, Senator Libous.
4 We're going to put everyone on
5 Senator Seward's resolution. Those that don't
6 want to be on, please come to the front desk and
7 let them know. Thank you.
8 The Secretary will read.
9 THE SECRETARY: Legislative
10 Resolution Number 3570, by Senator Diaz,
11 memorializing Governor Andrew M. Cuomo to declare
12 March 11, 2012, to April 12, 2012, as
13 Garifuna-American Heritage Month in the State of
14 New York.
15 "WHEREAS, It is the sense of this
16 Legislative Body to recognize and pay just
17 tribute to the cultural heritage of the ethnic
18 groups which comprise and contribute to the
19 richness and diversity of the community of the
20 State of New York; and
21 "WHEREAS, Attendant to such
22 concern, and in keeping with its time-honored
23 traditions, it is the intent of this Legislative
24 Body to applaud and commemorate events which
25 foster ethnic pride and exemplify the cultural
1037
1 diversity that represents and strengthens the
2 spirit of the people and the State of New York;
3 and
4 "WHEREAS, This Legislative Body is
5 justly proud to memorialize Governor Andrew M.
6 Cuomo to declare March 11, 2012, to April 12,
7 2012, as Garifuna-American Heritage Month in the
8 State of New York; and
9 "WHEREAS, Garifuna-American
10 Heritage Month celebrates the great contributions
11 of Garifuna-Americans to the fabric of New York
12 City, and pays tribute to the common culture and
13 bonds of friendship that united the United States
14 and the Garifuna countries; and
15 "WHEREAS, Garifuna-American
16 Heritage Month affirms the culture, identity and
17 self-esteem of a people. It celebrates a rich
18 heritage and illuminates Garifuna history and
19 tradition, as well as the spirit of an
20 indomitable people; and
21 "WHEREAS, In 1665, two Spanish
22 ships wrecked off the coast of St. Vincent; and
23 "WHEREAS, The West African slaves
24 that escaped to the island eventually
25 intermarried with the Venezuelan Caribs and the
1038
1 Arawaks; and
2 "WHEREAS, The new race of people,
3 known as the Garifuna, grew strong and prosperous
4 on the island; and
5 "WHEREAS, In 1795, the Garifuna
6 began the Second Carib War against the British.
7 Battles raged throughout St. Vincent over the
8 next year, with both sides enduring heavy losses;
9 and
10 "WHEREAS, On June 10, 1796, the
11 final battle commenced with the Garifuna and
12 British, resulting in the Garifuna's surrender;
13 and
14 "WHEREAS, The surviving Caribs were
15 exiled to the neighboring island of Balliceaux;
16 and
17 "WHEREAS, On March 11, 1797, the
18 defeated Garifuna were loaded onto a convoy of
19 eight vessels and transported to Roatan,
20 Honduras, which arrived on April 12th of that
21 year; and
22 "WHEREAS, The Garifuna began to
23 migrate to the United States during the 1930s.
24 Today, New York City is home to the largest
25 Garifuna community outside of Central America;
1039
1 and
2 "WHEREAS, The nurturing and
3 promotion of Garifuna pride is at the center of
4 the Garifuna coalition's community organizing
5 initiative, to create awareness and appreciation
6 of the Garifuna culture and its contribution to
7 the culture and society of New York; and
8 "WHEREAS, On May 18, 2001, the
9 United Nations Educational, Scientific and
10 Cultural Organization (UNESCO) proclaimed the
11 Garifuna language, dance and music as a
12 'masterpiece of the oral and intangible heritage
13 of humanity"; and
14 "WHEREAS, Garifuna-American
15 Heritage Month provides an opportunity to
16 recognize the significance of their contributions
17 to the quality and character of life, and,
18 through many events and activities throughout the
19 month, for all people to gain a greater
20 appreciation of Garifuna history and traditions,
21 and of the role Garifuna-Americans have played
22 and will continue to play in our society; and
23 "WHEREAS, On September 17, 1821,
24 nearly a decade before slavery was completely
25 phased out in New York City, William Henry
1040
1 Brown's African Theater presented its first
2 performance in Greenwich Village. Mr. Brown was
3 the first American playwright of African descent
4 and wrote 'The Drama of King Shotaway,'
5 recognized as the first black drama of the
6 American theatre, which has as its subject the
7 1795 Black Caribs (Garifunas) defense of the
8 Island of Saint Vincent against colonization by
9 the British; and
10 "WHEREAS, Today, New Yorkers of
11 Garifuna heritage such as Sara Logan, Lino Solis,
12 Rosemary Ordonez Jenkins, Eleanor Cecelia
13 Castillo-Bullock, Mirtha Colon, Jose Francisco
14 Avila, and Aurelio Martinez continue to recognize
15 and honor the cultural practices of their
16 ancestors; now, therefore, be it
17 "RESOLVED, That this Legislative
18 Body pause in its deliberations to memorialize
19 Governor Andrew M. Cuomo to declare March 11,
20 2012, to April 12, 2012, as Garifuna-American
21 Heritage Month in the State of New York; and be
22 it further
23 "RESOLVED, That a copy of this
24 resolution, suitably engrossed, be transmitted
25 to The Honorable Andrew M. Cuomo, Governor of the
1041
1 State of New York."
2 ACTING PRESIDENT BONACIC: Senator
3 Diaz.
4 SENATOR DIAZ: Thank you,
5 Mr. President.
6 And thank you, Senator Skelos,
7 Senator Libous, and members of this prestigious
8 chamber for allowing me to introduce this
9 resolution today.
10 Today, Mr. President and ladies and
11 gentlemen, is a very special and very honored day
12 for me because today I have the privilege to
13 present and introduce a resolution for the second
14 year recognizing the Garifuna community,
15 especially those that reside in Bronx County.
16 Today I'm honored to have the
17 opportunity and privilege granted to me by this
18 distinguished body and its president, Honorable
19 Dean Skelos, and the members of this body, to be
20 able to introduce this resolution, as I said
21 before, and to have many members of the Garifuna
22 community present today to witness this historic
23 event.
24 Ladies and gentlemen, the Garifuna
25 community has been an integral part of New York
1042
1 City, and especially the county of the Bronx, for
2 more than 70 years. The Garifuna have been
3 migrating to the United States of America in
4 search of a better life since 1930. Their
5 vitality, their talents, and their commitment
6 constitute tremendous resources for our state and
7 our city.
8 But, Mr. President and ladies and
9 gentlemen, it took a tragic incident or accident,
10 a fire that took the life of 87 people, for the
11 government and institutions to start paying
12 attention to this great community. On March 25,
13 1980, a social club known as the Happy Land was
14 set on fire, causing the loss of many people and
15 inflicting pain and suffering to the rest of the
16 Garifuna community.
17 Today, as the State Senator
18 representing the 32nd Senatorial District in
19 Bronx County, it is an honor and privilege for me
20 to have a delegation of Garifuna joining us today
21 in the Senate gallery. This delegation, presided
22 by Mr. Jose Francisco Avila, who is here, has
23 arrived and are joining us today.
24 In closing, Mr. President and
25 ladies and gentlemen, I would like to thank one
1043
1 more time Senator Skelos and the Secretary of the
2 Senate, Mr. Frank Patience, for allowing me this
3 great honor of celebrating this historic event in
4 New York State.
5 At 5 p.m., after the session is
6 over, we will have a reception in the Sign of the
7 Tree, to which you all are invited.
8 To the Garifuna community that are
9 up there --
10 (Applause from the galleries.)
11 SENATOR DIAZ: To the Garifuna
12 community {in Garifuna}.
13 (Laughter and applause from the
14 galleries.)
15 ACTING PRESIDENT BONACIC: Thank
16 you, Senator Diaz. And I agree with your last
17 two sentences.
18 (Laughter.)
19 ACTING PRESIDENT BONACIC: Does
20 anyone else like to speak on the resolution?
21 Senator Rivera. Senator Rivera,
22 then Senator Serrano.
23 SENATOR RIVERA: I know we can --
24 we're very much alike, him and me, Mr. President,
25 so I understand.
1044
1 ACTING PRESIDENT BONACIC: No,
2 you're very different. But go ahead.
3 SENATOR RIVERA: It's the hair.
4 Just look at the hair.
5 Ladies and gentlemen, I am
6 certainly not going to try to imitate either
7 Senator Diaz's style and certainly not try to
8 quote a particular Garifuna phrase. But
9 I did want to stand up and say hello to my
10 friends, to my colleagues, to my neighbors.
11 The Garifuna community is a proud,
12 vibrant part of the Bronx community. There is a
13 large presence of them in my district.
14 Jose Francisco Avila, who's here
15 sitting in the chamber, is actually someone who
16 is a great community leader and has been a great
17 ally to me in the Bronx in my year and a half in
18 office.
19 They are, again, a vibrant part of
20 the Bronx, a vibrant part of my district. I
21 recognize how important they are to the growing
22 diversity of the city and the state. And I
23 welcome them to the Senate chamber.
24 I hope that this is not the first
25 time, this is not the last time that you visit
1045
1 us. I do hope that at some point in the near
2 future maybe one of your members could actually
3 join us sitting in one of these seats right
4 here.
5 (Applause from the galleries.)
6 SENATOR RIVERA: Thank you so
7 much.
8 ACTING PRESIDENT BONACIC: Thank
9 you, Senator Rivera.
10 Senator Serrano.
11 SENATOR SERRANO: Thank you very
12 much, Mr. President.
13 I want to echo the words of my
14 colleagues Gustavo and Senator Diaz and thank
15 Senator Diaz for this resolution and also the
16 events that he holds in the Bronx to celebrate
17 this wonderful community.
18 And all of the things that have
19 been said about the growth of this community in
20 the Bronx and throughout the city are so
21 important. But also equally important is the
22 history lesson that is taught here.
23 Learning about the Garifuna
24 community, it is like a history lesson of the
25 Americas, a history lesson of Latin America and
1046
1 how we came to be as Latin Americans, the
2 influences from Latin America, from Africa, and
3 the wonderful meshing of these wonderful cultures
4 in a wonderful community both here and abroad.
5 So I want to thank once again
6 Senator Diaz for putting this all together and
7 thank all of the wonderful guests for being here
8 today. Thank you.
9 (Applause from the galleries.)
10 ACTING PRESIDENT BONACIC: Thank
11 you, Senator Serrano.
12 Does any other Senator wish to
13 speak on the resolution?
14 Hearing none, the question is on
15 the resolution. All in favor signify by saying
16 aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT BONACIC:
19 Opposed, nay.
20 (No response.)
21 ACTING PRESIDENT BONACIC: The
22 resolution is adopted.
23 Senator Libous.
24 SENATOR LIBOUS: Thank you,
25 Mr. President.
1047
1 I believe that a resolution by
2 Senator Smith, Number 3559, is at the desk.
3 Could we have the title read, and I believe
4 Senator Smith would like to speak on it.
5 ACTING PRESIDENT BONACIC: The
6 Secretary will read.
7 THE SECRETARY: Legislative
8 Resolution Number 3559, by Senator Smith,
9 recognizing Yunnan Province and Chongqing
10 Municipality of the People's Republic of China as
11 a "Sister City" with New York City.
12 ACTING PRESIDENT BONACIC: Senator
13 Smith on the resolution.
14 SENATOR SMITH: Thank you very
15 much, Mr. President.
16 Let me also thank my colleagues
17 Senator Farley, Senator Griffo, Senator Maziarz,
18 as well as other colleagues who have gone on
19 trips to China with me: Senator Duane,
20 Senator Parker as well.
21 Obviously New York and China have
22 some of the largest economies in the world. We
23 believe that a cooperation between Yunnan
24 Province, Chongqing Province as well as New York
25 will only bode well for the economy of both those
1048
1 provinces, municipalities, as well as New York.
2 Tomorrow we will be visited by a
3 delegation from the People's Republic of China.
4 At that point in time we will be presenting this
5 resolution to them.
6 But I do want to acknowledge my
7 colleague Senator Farley, who was the dean of our
8 delegation that went over to China and
9 represented this state very well.
10 So I stand here today,
11 Mr. President, just to acknowledge my colleagues,
12 their presence and involvement in this
13 relationship between China and New York, and also
14 to thank you for allowing us to bring this
15 resolution to the floor.
16 ACTING PRESIDENT BONACIC: Senator
17 Smith, you've been doing this for quite a while.
18 We thank you for your efforts.
19 Senator Stavisky on the resolution.
20 SENATOR STAVISKY: Thank you,
21 Mr. President. And on the resolution.
22 I thank Senator Smith for
23 introducing this resolution. I am a proud
24 cosponsor, because sister-city relationships are
25 important, whether it be culturally or socially
1049
1 or especially economically.
2 It's interesting because the
3 Province of Yunnan is as diverse as the City of
4 New York, and particularly the county which both
5 Senator Smith and I represent, and that's
6 Queens County. Yunnan is one of the most diverse
7 counties, provinces, in the People's Republic of
8 China. And I understand that 38 percent of the
9 population in that province is made up of ethnic
10 minorities.
11 And the City of Chongqing, if I'm
12 pronouncing it correctly, is one of the largest
13 cities in the world. There are 28 million people
14 in that city alone. So for New York City and
15 New York State to have a relationship I think is
16 significant.
17 This is an area where we have great
18 economic diversity, where they have industrial
19 development. And that is something that we
20 strive for in New York. This relationship
21 between the economy and the individuals is
22 extremely important.
23 I have visited the People's
24 Republic of China many years ago, but I celebrate
25 the cultural diversity, particularly in a section
1050
1 of my district known as Flushing, where the
2 economy is really doing very well compared to the
3 rest of the state. So many people from all parts
4 of the world come to Queens looking for a better
5 life; we're able to provide it.
6 And I look forward to welcoming the
7 ambassador and the delegation from the People's
8 Republic of China.
9 Thank you, Mr. President.
10 ACTING PRESIDENT BONACIC: Thank
11 you, Senator Stavisky.
12 Senator Farley.
13 SENATOR FARLEY: Thank you,
14 Mr. President.
15 I do rise as a cosponsor of this
16 with Senator Smith and part of the delegation
17 that did visit there.
18 I think it's rather significant,
19 what you're talking about, the largest city in
20 the world, Chongqing, which used to be
21 Chungking -- 32 million, I think I was told,
22 which is four times the largest city in our
23 nation, New York, great city.
24 And you know, it was very
25 interesting on this delegation. Senator Maziarz,
1051
1 who almost didn't eat anything all the time he
2 was there, and Senator Griffo, who ate everything
3 that didn't bite first.
4 (Laughter.)
5 SENATOR FARLEY: But by and large,
6 it was a great trip and one that we learned a
7 lot.
8 And if we can get into that Chinese
9 market, boy, I'll tell you, you're talking
10 populations which would just blow your mind.
11 Beijing, 22 million. Shanghai, 25 million. If
12 we could just get a piece of that market, the
13 economy of New York State will really blossom.
14 And consequently we're very pleased that
15 Chongqing and this province can become a sister
16 city with New York City.
17 And thank you, Senator Smith, who
18 really made New York State look good at this
19 trip.
20 ACTING PRESIDENT BONACIC: Thank
21 you, Senator Farley.
22 I just note that you wish that we
23 could get a piece of the China economy. China
24 has already a piece of our economy, that's for
25 sure.
1052
1 Any other member like to speak to
2 the resolution?
3 Hearing none, the question is on
4 the resolution. All in favor signify by saying
5 aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT BONACIC: Those
8 opposed, nay.
9 (No response.)
10 ACTING PRESIDENT BONACIC: The
11 resolution is adopted.
12 Senator Libous.
13 SENATOR LIBOUS: Thank you,
14 Mr. President.
15 I believe that Senator Skelos has a
16 resolution at the desk, Number 3582. Could you
17 have the title read and we'll move for its
18 adoption.
19 ACTING PRESIDENT BONACIC: The
20 Secretary will read.
21 THE SECRETARY: Legislative
22 Resolution Number 3582, by Senator Skelos,
23 recognizing and celebrating the week of
24 March 11-17, 2012, as Sunshine Week.
25 ACTING PRESIDENT BONACIC: Senator
1053
1 Squadron on the resolution.
2 SENATOR SQUADRON: Thank you,
3 Mr. President.
4 This resolution certainly raises
5 some important issues, and they are issues that I
6 think really do deserve discussion on the Senate
7 floor today.
8 And the resolution reads in part --
9 I know we did not read it in its entirety --
10 "Whereas, the pillars of democracy include
11 government transparency, accessibility, and
12 accountability, resulting in an informed
13 citizenry."
14 I think those words express an
15 excellent goal and an excellent set of values.
16 Unfortunately, they're values that I think too
17 often in the State Senate today we are not able
18 to live.
19 You know, it's a beautiful day out
20 in Albany today. Unfortunately, that sunlight
21 doesn't seem to be making its way into this
22 Senate chamber.
23 Just this past week, late and dark
24 in the night of Sunday night, from the caves of
25 LATFOR emerged a 200-page bill explaining
1054
1 legislative lines that didn't have maps
2 attached. The process was completely opaque.
3 And I think it's a real shame that
4 this house is participating in that way in a
5 process that does exactly the opposite of what it
6 is this resolution talks about and professes to
7 support. And it's the opposite of sunshine when
8 you look at that redistricting process, as I say,
9 deep in the caves of LATFOR.
10 Just today we had 311 bills that
11 were taken from their committees of subject
12 matter and taken by the long tentacles of the
13 Rules Committee and put in that vault there so
14 that we can't have open hearings and debate on
15 those 311 bills.
16 Exactly the sort of open debate
17 that would result in an informed citizenry that
18 would be an example of government transparency,
19 accessibility, and accountability -- and even
20 though the Senate rules in fact allow for a
21 process by which those bills can get called up,
22 can get debated, may pass, may not pass, but can
23 see the light of day, can get the great warming
24 disinfectant of sunlight that folks always talk
25 about when they talk about Sunshine Week and how
1055
1 important it is.
2 So I think it's a real shame. You
3 know, in New York City we have a 311, you call
4 them for information. Today we have 311 bills
5 that have just -- we're not going to get any
6 information on where the members of those
7 committees stand on those bills, we won't have a
8 substantive conversation.
9 So it is ironic for sure that we
10 have this "Sunshine" resolution this week when
11 there is so little sunshine shining through the
12 windows into this chamber and into the halls of
13 the State Senate, and I think it's a shame.
14 I am going to support the
15 resolution, because the principles in it are ones
16 I certainly support. And I just wish that as a
17 chamber, as a body, we could be living them more
18 fully.
19 Thank you, Mr. President.
20 ACTING PRESIDENT BONACIC: Thank
21 you, Senator Squadron.
22 The question is on the resolution.
23 All in favor signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT BONACIC: Those
1056
1 opposed, nay.
2 (No response.)
3 ACTING PRESIDENT BONACIC: The
4 resolution is adopted.
5 Senator Libous.
6 SENATOR LIBOUS: Mr. President, at
7 this time could we have the reading of the
8 noncontroversial calendar, please.
9 ACTING PRESIDENT BONACIC: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 206, by Senator Griffo, Senate Print 3657, an act
13 to amend the State Technology Law.
14 ACTING PRESIDENT BONACIC: Read
15 the last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect on the 120th day.
18 ACTING PRESIDENT BONACIC: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 58.
22 ACTING PRESIDENT BONACIC: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 275, by Senator Flanagan, Senate Print 4706, an
1057
1 act to amend the Public Officers Law.
2 ACTING PRESIDENT BONACIC: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 120th day.
6 ACTING PRESIDENT BONACIC: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 58.
10 ACTING PRESIDENT BONACIC: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 287, by Senator Young, Senate Print 791, an act
14 to amend the Agriculture and Markets Law.
15 ACTING PRESIDENT BONACIC: Read
16 the last section.
17 THE SECRETARY: Section 5. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BONACIC: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BONACIC:
23 Announce the results.
24 THE SECRETARY: In relation to
25 Calendar Number 287, those recorded in the
1058
1 negative are Senators Avella, Ball, Dilan, Duane,
2 Gianaris, Krueger, LaValle, Rivera, Serrano,
3 Squadron, Stavisky and Stewart-Cousins.
4 Ayes, 46. Nays, 12.
5 ACTING PRESIDENT BONACIC: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 288, by Senator Young, Senate Print 793A, an act
9 to amend the Agriculture and Markets Law.
10 ACTING PRESIDENT BONACIC: Read
11 the last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BONACIC: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 58.
18 ACTING PRESIDENT BONACIC: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 292, by Senator LaValle, Senate Print 1456B, an
22 act to amend the Environmental Conservation Law.
23 ACTING PRESIDENT BONACIC: Read
24 the last section.
25 THE SECRETARY: Section 2. This
1059
1 act shall take effect immediately.
2 ACTING PRESIDENT BONACIC: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 58.
6 ACTING PRESIDENT BONACIC: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 293, by Senator McDonald, Senate Print 2351, an
10 act to amend the Environmental Conservation Law.
11 ACTING PRESIDENT BONACIC: Read
12 the last section.
13 THE SECRETARY: Section 9. This
14 act shall take effect upon the receipt by the
15 Commissioner of Environmental Conservation.
16 ACTING PRESIDENT BONACIC: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 58.
20 ACTING PRESIDENT BONACIC: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 294, by Senator Young, Senate Print 2775, an act
24 to amend the Environmental Conservation Law.
25 ACTING PRESIDENT BONACIC: Read
1060
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BONACIC: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 58.
8 ACTING PRESIDENT BONACIC: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 297, by Senator Libous, Senate Print 6283, an act
12 to amend the Environmental Conservation Law.
13 ACTING PRESIDENT BONACIC: Read
14 the last section.
15 THE SECRETARY: Section 5. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BONACIC: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: In relation to
21 Calendar Number 297, those recorded in the
22 negative are Senators Duane, Perkins and Serrano.
23 Ayes, 55. Nays, 3.
24 ACTING PRESIDENT BONACIC: The
25 bill is passed.
1061
1 THE SECRETARY: Calendar Number
2 299 --
3 SENATOR LIBOUS: Lay it aside for
4 the day.
5 ACTING PRESIDENT BONACIC: Bill
6 Number 299 is laid aside for the day.
7 THE SECRETARY: Calendar Number
8 301, by Senator Larkin, Senate Print 1727, an act
9 to amend the Executive Law.
10 ACTING PRESIDENT BONACIC: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BONACIC: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 58.
18 ACTING PRESIDENT BONACIC: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 302, by Senator Libous, Senate Print 2461, an act
22 to amend the Executive Law.
23 ACTING PRESIDENT BONACIC: Read
24 the last section.
25 THE SECRETARY: Section 3. This
1062
1 act shall take effect on the first of April.
2 ACTING PRESIDENT BONACIC: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BONACIC: Senator
6 Libous to explain his vote.
7 Senator Krueger to explain her
8 vote.
9 SENATOR KRUEGER: Thank you very
10 much. I appreciate Senator Libous deferring to
11 me.
12 If this bill dealt with permitting
13 through many agencies other than the Department
14 of Environmental Conservation, I think I could
15 vote for this bill. But in fact the dilemmas the
16 state faces when approving permits in complicated
17 environmental land-use questions are different
18 than when you're talking about an SED delay in a
19 permit or an SLA delay in a permit or some other
20 business type of permit, where I share his view
21 and frustration that our agencies can't get their
22 work done on time.
23 But I believe that there needs to
24 be an exception or an amendment to this bill that
25 would remove the DEC timeline requirement,
1063
1 because our environment and making mistakes in
2 approvals to things that could give risk to our
3 land, air, or water is too great to simply put an
4 artificial date timeline of 134 percent of the
5 average for permits.
6 So I'll be voting no,
7 Mr. President. Thank you.
8 ACTING PRESIDENT BONACIC: Thank
9 you, Senator Krueger.
10 Senator Libous.
11 SENATOR LIBOUS: Thank you,
12 Mr. President. I rise to explain my vote; I
13 obviously am in favor of it.
14 And I certainly respect what
15 Senator Krueger is saying. And, Senator, we'll
16 look at that, because you're right, not all
17 permitting can be done -- and certainly as the
18 DEC goes through sometimes a scientific analysis
19 or what have you, that it may take a little bit
20 more time.
21 However, for the most part,
22 98 percent of state agencies are not responsive
23 to our constituents. It takes forever to get a
24 permit or a license.
25 One of the biggest complaints I get
1064
1 in my office, and I'm sure you do too, is that --
2 a typical one that really prompted this, a
3 restaurant applied for a liquor license. They
4 sent the check in. They cashed the check and got
5 the license nine months later. They took their
6 money. That's what got me going on this.
7 So I think it's a good start.
8 Certainly Senator Krueger brings up a good point,
9 and I think we can look at that, Senator. But
10 for the most part we need to get this in place --
11 honesty in permitting, being responsible to the
12 people that are trying to start businesses and
13 are trying to function in this state.
14 So obviously, Mr. President, I vote
15 aye.
16 ACTING PRESIDENT BONACIC: Thank
17 you, Senator Libous.
18 Senator Hassell-Thompson to explain
19 her vote.
20 SENATOR HASSELL-THOMPSON: Thank
21 you, Mr. President. To explain my vote.
22 I had voted, in the past, aye on
23 this bill. But in, you know, very good
24 discussion today it occurred to me that DEC being
25 in this bill was a major concern to all of us
1065
1 environmentally.
2 And I listened -- and it's very
3 interesting, Senator Libous, the very example you
4 use was the example I used, which had been the
5 reason in the past that I had voted in the
6 affirmative, because the Liquor Authority was one
7 of the most difficult and --
8 SENATOR PERKINS: Egregious.
9 SENATOR HASSELL-THOMPSON: -- and
10 egregious, thank you, most egregious in terms of
11 this issue. And even though they've resolved
12 some of their issues, there's still work that
13 needs to be done.
14 And if we could do something about
15 DEC, then I think that all of us would be more
16 than willing to agree that this bill's intent is
17 right on.
18 Thank you, Mr. President.
19 ACTING PRESIDENT BONACIC: How do
20 you vote, Senator Hassell-Thompson?
21 SENATOR HASSELL-THOMPSON: I will
22 be voting no.
23 ACTING PRESIDENT BONACIC: Thank
24 you, Senator Hassell-Thompson.
25 Anyone else wish to speak?
1066
1 Senator Stavisky.
2 SENATOR STAVISKY: Thank you,
3 Mr. President.
4 I agree with everything that
5 Senator Libous said except the part where he
6 didn't say "We're going to take out DEC."
7 At the budget hearing I asked the
8 Commissioner of Education and his deputy about
9 that very issue, the question of licensure and
10 people who apply for licenses. We increased the
11 license fee in 2009 or 2010, and the purpose was
12 to speed up the licensure process. It's still as
13 slow as ever.
14 I'm very reluctant to vote no, but
15 if they -- once -- if DEC comes out of the
16 legislation, I will enthusiastically support it.
17 But until that time, I vote no.
18 ACTING PRESIDENT BONACIC: Senator
19 Stavisky in the negative.
20 Senator Perkins.
21 SENATOR PERKINS: I'm going to be
22 voting no on this for the reasons that some of my
23 colleagues have already mentioned, as it
24 particularly relates to DEC.
25 But I just want to also at the same
1067
1 time recognize that I share the concerns of the
2 sponsor. And hopefully as we work with this,
3 we'll be able to get the DEC issues resolved and
4 move forward in the spirit that the legislation I
5 think is being offered in, which I agree with.
6 But in any case, I'm going to be
7 voting against it.
8 ACTING PRESIDENT BONACIC: Senator
9 Perkins in the negative.
10 Anyone else?
11 Announce the results.
12 THE SECRETARY: In relation to
13 Calendar Number 302, those recorded in the
14 negative are Senators Ball, Duane,
15 Hassell-Thompson, Krueger, LaValle, Marcellino,
16 Montgomery, Perkins, Rivera, Squadron, Stavisky
17 and Stewart-Cousins.
18 Ayes, 46. Nays, 12.
19 ACTING PRESIDENT BONACIC: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 304, by Senator Young, Senate Print 2838, an act
23 to amend the Executive Law.
24 ACTING PRESIDENT BONACIC: Read
25 the last section.
1068
1 THE SECRETARY: Section 6. This
2 act shall take effect immediately.
3 ACTING PRESIDENT BONACIC: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 58.
7 ACTING PRESIDENT BONACIC: The
8 bill is passed.
9 That completes the noncontroversial
10 reading of the calendar, Senator Libous.
11 SENATOR LIBOUS: Mr. President, if
12 we could go back to motions and resolutions, just
13 an announcement.
14 Senator Diaz's resolution, 3570, he
15 wants to open that up to all members of the
16 chamber. So if there's someone who does not want
17 to go on the resolution, please address the desk.
18 ACTING PRESIDENT BONACIC: Senator
19 Diaz's resolution, 3570, is now open for
20 sponsorship for anyone that wants to be on that
21 resolution. We'll put everyone on. If someone
22 doesn't want to be on, please come to the front
23 desk and so advise them.
24 SENATOR LIBOUS: Mr. President.
25 ACTING PRESIDENT BONACIC: Senator
1069
1 Libous.
2 SENATOR LIBOUS: Is there any
3 further business at the desk?
4 ACTING PRESIDENT BONACIC: There
5 is not.
6 SENATOR LIBOUS: There being no
7 further business, on motion, the Senate stands
8 adjourned until Wednesday, March 14th, at
9 11:00 a.m.
10 ACTING PRESIDENT BONACIC: On
11 motion, the Senate stands adjourned until
12 Wednesday, March 14th, at 11:00 a.m.
13 (Whereupon, at 4:03 p.m., the Senate
14 adjourned.)
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