Regular Session - March 27, 2012

                                                                   1504

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 27, 2012

11                     3:14 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOHN FLANAGAN, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  

                                                               1505

 1              P R O C E E D I N G S

 2               ACTING PRESIDENT FLANAGAN:   The 

 3  Senate will come to order.  

 4               I ask everyone present to please 

 5  rise and recite the Pledge of Allegiance.

 6               (Whereupon, the assemblage 

 7  recited the Pledge of Allegiance to the Flag.)

 8               ACTING PRESIDENT FLANAGAN:   In 

 9  the absence of clergy, I would respectfully 

10  ask everyone to bow their heads in a moment of 

11  silence.

12               (Whereupon, the assemblage 

13  respected a moment of silence.)

14               ACTING PRESIDENT FLANAGAN:   The 

15  reading of the Journal.

16               THE SECRETARY:   In Senate, 

17  Monday, March 26th, the Senate met pursuant to 

18  adjournment.  The Journal of Sunday, 

19  March 25th, was read and approved.  On motion, 

20  Senate adjourned.

21               ACTING PRESIDENT FLANAGAN:    

22  Without objection, the Journal stands approved 

23  as read.

24               Presentation of petitions.

25               Messages from the Assembly.  

                                                               1506

 1               The Secretary will read.

 2               THE SECRETARY:   On page 21, 

 3  Senator DeFrancisco moves to discharge, from 

 4  the Committee on Local Government, Assembly 

 5  Bill Number 9336 and substitute it for the 

 6  identical Senate Bill Number 6471, Third 

 7  Reading Calendar 449.

 8               ACTING PRESIDENT FLANAGAN:    

 9  Substitution ordered.

10               Messages from the Governor.

11               Reports of standing committees.

12               Reports of select committees.

13               Communications and reports from 

14  state officers.

15               Motions and resolutions.

16               Senator DeFrancisco.

17               SENATOR DeFRANCISCO:    

18  Mr. President, I move that the following bills 

19  be discharged from their respective committees 

20  and be recommitted with instructions to strike 

21  the enacting clause.  The first one is a 

22  Senator Flanagan bill -- an excellent bill, I 

23  might add -- Senate 1883A. 

24               I also request that we offer the 

25  following amendments to Calendar Number 316, 

                                                               1507

 1  on page 12, which is Senate Print 4210, also 

 2  an excellent bill, by Senator Farley.

 3               ACTING PRESIDENT FLANAGAN:    

 4  Senator DeFrancisco, if I may.  On your first 

 5  one, I just want to say so ordered.

 6               And on the second one, the 

 7  amendments are received, and the bill will 

 8  maintain its status on the Third Reading 

 9  Calendar.

10               SENATOR DeFRANCISCO:   And in 

11  addition, on page 17 I offer the following 

12  amendments to Calendar Number 401, it's Senate 

13  Bill 6668, by Senator Lanza.  It's a pretty 

14  good bill.

15               ACTING PRESIDENT FLANAGAN:   The 

16  amendments are received, and the bill will 

17  retain its place on the Third Reading 

18  Calendar.

19               SENATOR DeFRANCISCO:   And 

20  lastly, Mr. President, I wish you to call up 

21  Bill Number 6084A, by Senator Grisanti, 

22  recalled from the Assembly, which is now at 

23  the desk.

24               ACTING PRESIDENT FLANAGAN:   The 

25  Secretary will read.

                                                               1508

 1               THE SECRETARY:   Calendar Number 

 2  193, by Senator Grisanti, Senate Print 6084A, an 

 3  act to amend the Parks, Recreation and Historic 

 4  Preservation Law.

 5               SENATOR DeFRANCISCO:   I now move 

 6  to reconsider the vote by which this excellent 

 7  bill was passed.

 8               ACTING PRESIDENT FLANAGAN:   The 

 9  Secretary will call the roll on reconsideration.

10               (The Secretary called the roll.)

11               THE SECRETARY:   Ayes, 45.

12               SENATOR DeFRANCISCO:   I now offer 

13  the following amendments.

14               ACTING PRESIDENT FLANAGAN:   The 

15  amendments are received.

16               SENATOR DeFRANCISCO:   Thank you.

17               ACTING PRESIDENT FLANAGAN:    

18  Senator Libous.

19               SENATOR LIBOUS:   Mr. President, 

20  thank you.

21               At this time may we please adopt 

22  the Resolution Calendar, with the exception of 

23  Resolutions Number 3701, 3716, and 3747.  

24               But before we adopt the Resolution 

25  Calendar, Mr. President, I believe that Senator 

                                                               1509

 1  Serrano and Senator Parker would like to speak on 

 2  a resolution that's on the calendar.

 3               ACTING PRESIDENT FLANAGAN:   Thank 

 4  you, Senator Libous.

 5               Senator Serrano on the resolution.  

 6               SENATOR SERRANO:   Thank you very 

 7  much, Mr. President.  

 8               Senator Libous, thank you.

 9               I'm here to talk about Earth Hour.  

10  Earth Hour is a global event that happens every 

11  year.  This year it will be happening March 31st, 

12  between the hours of 8:30 and 9:30.  And during 

13  that hour we ask people everywhere to turn off 

14  their lights just for one hour.  

15               I've carried this resolution since 

16  2008.  Participation grows every single year.  

17  And like I said, it's a worldwide event.  This 

18  resolution commemorates that, and it also 

19  encourages more participation.

20               Global treasures throughout the 

21  world, from the Sphinx in Egypt to the Empire 

22  State Building, will go dark for that one hour 

23  from 8:30 to 9:30.  

24               And it will greatly reduce the 

25  carbon footprint across our globe.  For example, 

                                                               1510

 1  in 2007, in Sydney, Australia alone, the turning 

 2  off lights for one hour during Earth Hour was the 

 3  equivalent of reducing about 50,000 automobiles 

 4  from the road.  

 5               Now, when we consider the high 

 6  asthma rates in a place like the South Bronx or 

 7  East Harlem, that kind of impact is truly 

 8  significant.

 9               And more importantly, it teaches 

10  our youngsters and our children that making small 

11  changes in the way that we consume in our society 

12  actually has a great effect on our environment.

13               So I thank all of my colleagues for 

14  their support of Earth Hour, and I look forward 

15  to the passage of this resolution today.

16               Thank you.

17               ACTING PRESIDENT FLANAGAN:   Thank 

18  you, Senator Serrano.

19               Senator Parker.

20               SENATOR PARKER:   Thank you, 

21  Mr. President.  I rise to speak on Resolution 

22  Number 3789.  

23               And this resolution, Mr. President, 

24  honors the sacrifice and heroism of patriots who 

25  saw America fail her promise and knew she could 

                                                               1511

 1  do better, who on March 7, 1965, through silent 

 2  nonviolent protests, sought to redress grievances 

 3  that impact the most basic right, the right to 

 4  participate in our democracy.  

 5               A hundred years had passed since 

 6  the Civil War and the passage of the 

 7  15th Amendment which granted the rights of 

 8  citizens of the United States or by any state on 

 9  account of race, color, or previous condition of 

10  servitude.  Yet through the rise of poll taxes, 

11  literacy tests, and district manipulation, 

12  tactics including cracking, packing, and 

13  stacking, states disenfranchised and diluted the 

14  African-American vote.  

15               The situation was particularly dire 

16  in Southern states.  For example, in Dallas 

17  County, Alabama, although African-Americans 

18  comprised over 50 percent of the population, only 

19  2 percent were registered to vote.

20               Six hundred patriots, led by the 

21  Dallas County Voters League, the Southern 

22  Christian Leadership Council, and the Student 

23  Nonviolent Coordinating Committee, SNCC, sought 

24  to march from Selma to Montgomery, a 54-mile 

25  journey along Route 80.  However, their silent 

                                                               1512

 1  journey came to an abrupt end at the Edmund 

 2  Pettus Bridge, a mere six blocks into their 

 3  march.  Here these heroes were brutally assaulted 

 4  by heavily armed state troopers and deputies.  

 5               That evening ABC interrupted the 

 6  showing of Judgment at Nuremberg to play footage 

 7  of the injustice and the travesty that took place 

 8  that day on the Pettus Bridge.  

 9               Protests were held in 80 cities the 

10  next day, and a little over a week later 

11  President Johnson, before a joint session of 

12  Congress, asked that all Americans be given equal 

13  rights to participate in our democracy.  

14               On Sunday, March 21st, about 3,200 

15  marchers set out for Montgomery, walking 12 miles 

16  a day and sleeping in fields.  And by the time 

17  they reached the capital on Thursday, March 25th, 

18  they were 25,000 strong.  A few months later, in 

19  August, President Johnson signed the Voting 

20  Rights Act of 1965.  

21               So where are we today?  Where are 

22  the sacrifices that were made by so many those 

23  30 years ago?  We diminish the rights of 

24  communities through cracking, packing and 

25  stacking.  

                                                               1513

 1               Islip is split.  Hempstead is still 

 2  cracked between four districts.  Rochester is 

 3  still split between three districts.  Buffalo and 

 4  Niagara are still split apart.  Syracuse is split 

 5  two ways.  And in Erie County there was an effort 

 6  to remove every African-American from the 

 7  district in a process of separating two large 

 8  African-American communities into Senate 

 9  districts, diluting African-American voting 

10  strength.  

11               The City of Rochester, which can 

12  easily be contained to one Senate district, is 

13  now split into three districts, represented by 

14  incumbents who all live outside the city.  

15               As we represent the sacrifice of 

16  the heroes of the Bloody Sunday massacre, we must 

17  not allow their sacrifices to be in vain.  

18               Thank you, Mr. President.

19               ACTING PRESIDENT FLANAGAN:   Thank 

20  you, Senator Parker.

21               Senator Libous.

22               SENATOR LIBOUS:   Mr. President, 

23  before we adopt the Resolution Calendar, I 

24  believe Senator Breslin has a resolution on that 

25  calendar.  

                                                               1514

 1               And, Senator, you want to open that 

 2  up, Resolution Number 3729, to members?  

 3               SENATOR BRESLIN:   Yes, thank you, 

 4  Senator Libous.  I request that it be opened up 

 5  to all members and anyone not wishing to be on it 

 6  notify the desk.

 7               ACTING PRESIDENT FLANAGAN:   Thank 

 8  you, Senator Breslin.

 9               SENATOR BRESLIN:   Thank you, 

10  Mr. President.

11               SENATOR LIBOUS:   Mr. President, 

12  could I now move the adoption of the Resolution 

13  Calendar.

14               ACTING PRESIDENT FLANAGAN:   All in 

15  favor of adopting the Resolution Calendar signify 

16  by saying aye.

17               (Response of "Aye.")

18               ACTING PRESIDENT FLANAGAN:    

19  Opposed, nay.  

20               (No response.)

21               ACTING PRESIDENT FLANAGAN:   The 

22  Resolution Calendar is adopted.

23               Senator Libous.

24               SENATOR LIBOUS:   Mr. President, 

25  before we move on, I want to take a moment to 

                                                               1515

 1  recognize all the outstanding young people who 

 2  have joined us in the chamber.  They're brought 

 3  to us here by the League of Women Voters, and I'm 

 4  told that they have been here for a couple of 

 5  days and will resume after session today.  

 6               They have been shadowing members of 

 7  the Assembly and have been shadowing members of 

 8  the Senate today.  

 9               And I just think, Mr. President, it 

10  is outstanding to see our young people here that 

11  care about government, they want to learn about 

12  government, they want to see how we function.  

13  And they can probably give us a few 

14  recommendations on how we might even be able to 

15  function better.

16               But I just want to welcome them all 

17  on behalf of Senator Skelos and both the Majority 

18  and Minority here and say that we hope you have a 

19  learning experience, it is a beneficial 

20  experience, and we really enjoy having you with 

21  us this afternoon.

22               (Applause.)

23               ACTING PRESIDENT FLANAGAN:    

24  Senator Libous.

25               SENATOR LIBOUS:   I believe that 

                                                               1516

 1  Senator Young should be called on for the 

 2  purposes of an announcement.

 3               ACTING PRESIDENT FLANAGAN:    

 4  Senator Young.

 5               SENATOR YOUNG:   Thank you, 

 6  Mr. President.

 7               Today is such a special day for me 

 8  because, as you look up into the gallery, you see 

 9  that it's filled with young people.  Those young 

10  people are from my district.  They're the tenth-, 

11  eleventh-, and twelfth-graders from Frewsburg 

12  Central School in Chautauqua County, right along 

13  the Pennsylvania border.  

14               And they had to travel nearly six 

15  hours to get to Albany.  As you know, I represent 

16  the far western region of New York State.

17               And I especially want to thank 

18  Mr. Nelson, who came today, but all the adult 

19  chaperones.  Mr. Nelson actually teaches 

20  participation in government to the 

21  twelfth-graders, and I go to speak to their class 

22  whenever I can.  And so I want to thank him, but 

23  also Shane Peterson, who is a senior this year 

24  and was a driving force -- he's a student, and he 

25  wanted to make sure that they had the opportunity 

                                                               1517

 1  to come to Albany.

 2               So I just wanted to say to them:  

 3  Welcome.  They've been on a tour, they've been to 

 4  the State Museum.  But there's no better way to 

 5  learn about state government than to be here and 

 6  experience it yourself.

 7               So I just want to say to all the 

 8  students what a great job you're doing.  It's so 

 9  wonderful to have you.  I get very few classes 

10  because we are so far away, but I want to say to 

11  you I'm glad you could come, and keep up the 

12  great work.

13               (Applause.)

14               ACTING PRESIDENT FLANAGAN:    

15  Senator Libous.

16               SENATOR LIBOUS:   Thank you, 

17  Mr. President.

18               I believe that Senator Farley has 

19  Resolution Number 3747 at the desk.  Could we 

20  please read it in its entirety and then, before 

21  its adoption, call on Senator Farley.

22               ACTING PRESIDENT FLANAGAN:   The 

23  Secretary will read.

24               THE SECRETARY:   Legislative 

25  Resolution Number 3747, by Senator Farley, 

                                                               1518

 1  recognizing April 2012 as Child Abuse Prevention 

 2  Month.  

 3               "WHEREAS, The State of New York 

 4  takes great pride in participating in months of 

 5  awareness of important issues; and 

 6               "WHEREAS, Court-Appointed Special  

 7  Advocates (CASA) of Fulton and Montgomery 

 8  Counties will commemorate Child Abuse Prevention 

 9  Month during its Pinwheel for Prevention 

10  campaign, culminating with a Celebration of 

11  Children Showcase on May 11, 2012; and 

12               "WHEREAS, The public cares deeply 

13  about child abuse, and a majority report that 

14  child abuse is a very important moral issue to 

15  them; and 

16               "WHEREAS, Preventing child abuse 

17  and neglect is a community issue that depends on 

18  involvement of people throughout the community; 

19  and 

20               "WHEREAS, Child abuse and neglect 

21  not only directly harm children but also  

22  increase the likelihood of long-term physical and 

23  mental health problems, alcohol and substance 

24  abuse, continued family violence and criminal 

25  behavior; and 

                                                               1519

 1               "WHEREAS, Child maltreatment often 

 2  occurs when people find themselves in stressful 

 3  situations, without community resources, and 

 4  don't know how to cope; and 

 5               "WHEREAS, The majority of child 

 6  abuse cases stem from situations and conditions 

 7  that are preventable in an engaged and supportive  

 8  community; and 

 9               "WHEREAS, Child abuse and neglect 

10  can be reduced by making sure each family has the 

11  support they need in raising their children in a  

12  safe, nurturing environment; and

13               "WHEREAS, Effective child abuse 

14  prevention programs succeed because of 

15  partnerships created among social service  

16  agencies, schools, faith communities, civic  

17  organizations, law enforcement agencies, and the 

18  business community; now, therefore, be it

19               "RESOLVED, That this Legislative 

20  Body pause in its deliberations to recognize 

21  April 2012 as Child Abuse Awareness Month; and be 

22  it further 

23               "RESOLVED, That copies of this 

24  Resolution, suitably engrossed, be transmitted to 

25  the Court-Appointed Special Advocates (CASA) of 

                                                               1520

 1  Fulton and Montgomery Counties."

 2               ACTING PRESIDENT FLANAGAN:    

 3  Senator Farley on the resolution.

 4               SENATOR FARLEY:   Thank you, 

 5  Mr. President.

 6               In the gallery with us today is 

 7  Ladan Alomar, executive director of Centro Civico 

 8  of Amsterdam, New York, which operates the 

 9  Court-Appointed Special Advocates, CASA.

10               Ladan has been a leading advocate 

11  for children for many years.  The prevention of 

12  child abuse and its causes, that has always been 

13  near and dear to her heart.  Her extraordinary 

14  dedication has had a positive impact on the lives 

15  of countless children in our community.  

16               The observance of Child Abuse 

17  Prevention Month will conclude with the 

18  celebration of the Children's Showcase on 

19  May 11th at the BOCES in Johnstown, New York, 

20  beginning at 3:00 p.m. 

21               It is always vitally important to 

22  protect the safety of our residents, especially 

23  our children.  I commend Ladan Alomar, 

24  Centro Civico, and CASA for their active role in 

25  raising awareness in the preventing of child 

                                                               1521

 1  abuse and neglect.  

 2               And, Mr. President, I'd like you to 

 3  recognize Ladan Alomar, who is in our gallery 

 4  today.  And thank you very much.

 5               ACTING PRESIDENT FLANAGAN:   The 

 6  chair certainly recognizes Ms. Alomar.  

 7               Welcome.

 8               (Applause.)

 9               ACTING PRESIDENT FLANAGAN:   Thank 

10  you, Senator Farley.  

11               The question is on the resolution.  

12  All those in favor signify by saying aye.

13               (Response of "Aye.")

14               ACTING PRESIDENT FLANAGAN:    

15  Opposed, nay.

16               (No response.)

17               ACTING PRESIDENT FLANAGAN:   The 

18  resolution is adopted.

19               Senator Libous.

20               SENATOR LIBOUS:   Mr. President, 

21  Senator Farley would also like to open up that 

22  resolution up for cosponsors.  

23               If anyone wishes not to be on the 

24  resolution, please let the desk know.  Otherwise, 

25  all members will be on the resolution.

                                                               1522

 1               ACTING PRESIDENT FLANAGAN:   So 

 2  ordered, Senator Libous.

 3               SENATOR LIBOUS:   Mr. President, 

 4  thank you.  

 5               I believe there's a resolution at 

 6  the desk by Senator McDonald, Number 3701.  

 7  Please have it read in its entirety and before 

 8  its adoption call on Senator McDonald.

 9               ACTING PRESIDENT FLANAGAN:   The 

10  Secretary will read.

11               THE SECRETARY:   Legislative 

12  Resolution Number 3701, by Senator McDonald, 

13  memorializing Governor Andrew M. Cuomo to 

14  proclaim April 2012 as Autism Spectrum Disorders 

15  Awareness Month in the State of New York.  

16               "WHEREAS, It is the sense of this  

17  Legislative Body to memorialize Governor Andrew 

18  M. Cuomo to proclaim April 2012 as Autism 

19  Spectrum Disorders Awareness Month in the State 

20  of New York; and 

21               "WHEREAS, 'Autism Spectrum  

22  Disorders,' or ASDs, refers to neurobiological  

23  conditions including Autism, Asperger Syndrome, 

24  Rett's Syndrome, and other pervasive 

25  developmental disorders; and 

                                                               1523

 1               "WHEREAS, ASDs, the third most 

 2  common type of developmental disability in the 

 3  United States, are afflictions occurring in 

 4  children before the age of three, and are 

 5  recognized by unresponsiveness to human contact, 

 6  deficits in language development, and peculiar  

 7  reactions to environmental stimuli; and

 8               "WHEREAS, Affecting over 

 9  1.5 million Americans, the cause or causes of 

10  ASDs are unknown; and 

11               "WHEREAS, One in every 110 children 

12  nationally are diagnosed with an ASD; and 

13               "WHEREAS, ASDs know no racial, 

14  ethnic or social boundaries, and diagnoses are 

15  four times more prevalent in boys than girls; and

16               "WHEREAS, ASDs interfere with the 

17  normal development of children's reasoning, 

18  social interaction, and communication skills, 

19  causing those diagnosed to have difficulty 

20  relating to others; and

21               "WHEREAS, Over the past 30 years, 

22  significant progress has been made in the areas 

23  of research, medicine, diagnostics, and therapies 

24  for ASDs, resulting in improved quality of life 

25  for those with ASDs and their loved ones; and

                                                               1524

 1               "WHEREAS, It is in the interest of 

 2  New York State to recognize the achievements made 

 3  and to continue these efforts by promoting 

 4  awareness and fostering understanding of ASDs; 

 5  and 

 6               "WHEREAS, Autism Awareness Month 

 7  has been recognized nationally since 1996; now, 

 8  therefore, be it

 9               "RESOLVED, That this Legislative 

10  Body pause in its deliberations to memorialize  

11  Governor Andrew M. Cuomo to proclaim April 2012 

12  as Autism Spectrum Disorders Awareness Month in 

13  the State of New York; and be it further

14               "RESOLVED, That a copy of this 

15  Resolution, suitably engrossed, be transmitted to 

16  The Honorable Andrew M. Cuomo, Governor of the  

17  State of New York."

18               ACTING PRESIDENT FLANAGAN:    

19  Senator McDonald on the resolution.

20               SENATOR MCDONALD:   Thank you, 

21  Mr. President.  

22               And thank you for the resolutions 

23  before this that were all so important to the 

24  people of our community.

25               Thank you to each and every Senator 

                                                               1525

 1  here and our colleagues in the Assembly and our 

 2  Governor for making sure that on this particular 

 3  issue that's relatively new in American society 

 4  that we're getting ready and have already 

 5  accomplished some very serious things like the 

 6  autism insurance bill earlier this year.  And 

 7  we're getting ready to take on this issue.

 8               All these young people sitting 

 9  here, in your generations, if we don't do 

10  anything, you may be parents of people with 

11  autism or similar-type disabilities.  If we don't 

12  do anything, that sadness will be with you for 

13  the rest of your lives and that child's life.  

14               We're at a focal point, and that 

15  focal point is that one out of 90 people are 

16  being diagnosed with this terrible problem.  We 

17  have to do something.  And it's not unique; we 

18  have so many different issues we have to deal 

19  with.  And that's the real reason we're here, is 

20  to help people.  

21               So this is a chance for the young 

22  people to learn something very real in their 

23  personal lives.  Inevitably, everybody's family 

24  gets impacted by some kind of health problem -- 

25  cancer, autism, abuses.  So why are we a 

                                                               1526

 1  society?  Why are you here?  

 2               We can't do it by ourselves.  

 3  People like myself and my family, we have to turn 

 4  to extended family, if we have it; we have to 

 5  turn to the good graces of the Lord and the good 

 6  graces of our state and federal government and 

 7  our local communities.  

 8               So this is not just a resolution, 

 9  this is a challenge.  And the challenge is this 

10  is why we're Americans, this is why we're human 

11  beings:  To stick together, to care for these 

12  people who can't care for themselves.  No matter 

13  what their problem is, way beyond autism, just to 

14  take care of our own people.  And that's what 

15  we're here for.  

16               So take that away when you go back 

17  to your schools, that these people in this house, 

18  the house down the hallway, and our Governor 

19  care.  

20               So I want to thank you, as a person 

21  who's not only chairman of the New York State 

22  Senate Mental Health and Disabilities Committee 

23  but also the grandfather of two little boys, 

24  brothers, who are autistic, that, like all of our 

25  special people, are the highlight of our lives.

                                                               1527

 1               Thank you.

 2               ACTING PRESIDENT FLANAGAN:   Thank 

 3  you, Senator McDonald.

 4               Senator Fuschillo on the 

 5  resolution.

 6               SENATOR FUSCHILLO:   Thank you very 

 7  much, Mr. President.  

 8               Let me take this opportunity to 

 9  thank Senator McDonald for his leadership.  

10               This November 1st is a major step 

11  forward in New York State, when the insurance law 

12  takes effect that will for the first time provide 

13  insurance reimbursement for the diagnosis, 

14  treatment, and therapy of individuals living with 

15  autism.  

16               And I want to thank Senator 

17  McDonald, especially his two boys, his 

18  grandchildren, who are autistic, who really put a 

19  face on the issue and how important it is for 

20  families to have this relief.  Because they've 

21  been discriminated against for many, many years 

22  when insurance companies have denied them 

23  reimbursement.  And they've had to live almost in 

24  poverty to provide the necessary treatment for 

25  their children who are growing older.  

                                                               1528

 1               And as Senator McDonald said, the 

 2  issue just doesn't rest with this insurance law, 

 3  because there are many other issues that we have 

 4  to deal with with families who have individuals, 

 5  loved ones, with autism.

 6               Today you'll notice, members, when 

 7  you leave here and go back to the Legislative 

 8  Office Building, there are quilts being displayed 

 9  by Autism Speaks.  And those quilts were made up 

10  by children.  And I ask all of you to take time 

11  to go look at those quilts and look at the care 

12  and love that was given to that.

13               You know, April now being Autism 

14  Month really highlights the continued awareness 

15  and importance that we as a legislative body must 

16  do more to help these families, because they're 

17  getting older.  And the biggest fear of parents 

18  is what's going to happen to my children when I'm 

19  no longer here.  And we have that responsibility 

20  incumbent upon us to ensure that they're 

21  protected for the rest of their lives.  

22               Thank you, Senator.  Thank you for 

23  your leadership.  I support the resolution.

24               ACTING PRESIDENT FLANAGAN:   Thank 

25  you, Senator Fuschillo.

                                                               1529

 1               Senator Farley on the resolution.

 2               SENATOR FARLEY:   Thank you, 

 3  Mr. President.

 4               Yes, I rise to salute my colleague 

 5  Senator McDonald, who's been absolutely 

 6  relentless on behalf of autism.  

 7               You know, it's one of the mysteries 

 8  of our time right now that autism is an area that 

 9  is growing.  They don't know why, whether it's 

10  the environment or whatever it is.  But it's so 

11  good to see the State of New York and the nation, 

12  for that matter, recognizing that autism is 

13  something that we have to address and attack.  

14               And we have a leader in this state 

15  that, as I said, has been relentless on behalf of 

16  autism.  And I salute you for that, Roy.

17               ACTING PRESIDENT FLANAGAN:   Thank 

18  you, Senator Farley.

19               Senator Rivera on the resolution.

20               SENATOR RIVERA:   Thank you, 

21  Mr. President.

22               It was only yesterday, my 

23  colleagues, that I stood up to talk a little bit 

24  about my brother, José Manuel Rivera, Papotin.  I 

25  just like the fact, by the way, that that's going 

                                                               1530

 1  to be on the record forever, my brother's 

 2  nickname.

 3               And I wanted to just talk for a few 

 4  minutes about my father.  And back in the early 

 5  1970s when my brother was diagnosed for the first 

 6  time, there were very few people knew much about 

 7  autism.  It has been 41 years since he was born, 

 8  and in that period of time we've actually done a 

 9  lot of work to determine the different levels at 

10  which somebody can be stricken with this disease 

11  and this condition.

12               And it is exactly times like this 

13  when we talk on the floor of the State 

14  Legislature about this issue -- whether declaring 

15  whether it be a week or a month, talking about 

16  establishing a task force on autism and adults 

17  with autism, as we did yesterday -- that I think 

18  that there is definitely a good reason why 

19  legislatures exist.  We can do a lot to bring 

20  attention to this subject, to talk about how 

21  we've dealt with it over the years and every 

22  single day learn a little bit more about how best 

23  to address these concerns.  

24               So today I stand up to join my 

25  voice to all my colleagues who have thanked 

                                                               1531

 1  Senator McDonald for his leadership.  Because it 

 2  is part of our continuing to struggle to make 

 3  sure these that these folks, we can recognize 

 4  what their disease is, we can recognize the ways 

 5  that we can help them so they can continue to be 

 6  productive members of our communities.  

 7               And I mentioned my father because 

 8  he actually did a lot of research on this issue 

 9  back in the early '70s before it was really 

10  diagnosed.  And if it wasn't for that work, my 

11  brother today wouldn't have graduated high school 

12  and college and wouldn't have a full-time job.  

13               And it is my father who I think 

14  Senator McDonald is somebody that kind of reminds 

15  me of him, because it is his leadership and 

16  his -- because he always reminds us of this all 

17  the time about his grandsons.  And it just 

18  reminds me a little bit of the work that my 

19  father did to make sure that my brother is where 

20  he is today.  

21               So, Senator McDonald, again, I 

22  thank you for this resolution and for your 

23  continued leadership on this issue.  

24               Thank you, Mr. President.

25               ACTING PRESIDENT FLANAGAN:   Thank 

                                                               1532

 1  you, Senator Rivera.

 2               Senator Parker on the resolution.

 3               SENATOR PARKER:   Thank you, 

 4  Mr. President.  On the resolution.  

 5               I'm actually rising to add my voice 

 6  to the chorus of those who are thanking 

 7  Senator McDonald for his leadership on the issue 

 8  of autism spectrum disorders.  

 9               And I think that this resolution 

10  that declares April Autism Spectrum Disorders 

11  Awareness Month is really, really critical.  

12  Particularly because it's April, and so there's 

13  going to be a number of activities both 

14  nationally and around the state that address the 

15  issue of autism.  

16               But April 1st, as you know, is the 

17  beginning of our fiscal year.  And really the 

18  best thing that we could be doing in this chamber 

19  is, over the next couple of days as we pass the 

20  budget, making sure that we do the best that we 

21  possibly can in our budget to support families 

22  and people who are affected by autism spectrum 

23  disorders.  

24               It's not one disorder, it's a 

25  number of them, and sometimes they're hard to 

                                                               1533

 1  detect, as you heard Senator Fuschillo talk about 

 2  the great impact this has on families.  And 

 3  certainly Senator Rivera understands that as 

 4  well, that we need to really do far more than we 

 5  have done, both in our budget and within the 

 6  context of our state agencies, to support these 

 7  families.

 8               And so, again, I rise to celebrate 

 9  this resolution but also recommit myself to work 

10  alongside the members of this chamber to make 

11  sure we're providing both more services and more 

12  support, both to the people, the organizations, 

13  but most importantly the families and individuals 

14  who are dealing with this every single day.

15               ACTING PRESIDENT FLANAGAN:   Thank 

16  you, Senator Parker.

17               Senator Duane on the resolution.

18               SENATOR DUANE:   Thank you, 

19  Mr. President.  

20               I just want to give a little bit of 

21  context of my interest and perhaps you might call 

22  it passion about this issue.  When I was a 

23  teenager I volunteered for a CYO camp, a Brooklyn 

24  Diocese CYO camp for developmentally challenged 

25  children.  And I in retrospect know that there 

                                                               1534

 1  were also children who had autism, but it was not 

 2  diagnosed.  And the children in that camp were 

 3  among the most lovable children I have ever met.  

 4               And, you know, later on my younger 

 5  brother was to have a brain tumor which affected 

 6  not just his -- you know, caused him to have a 

 7  physical disability but also some mental health 

 8  issues.  And that happened in early adolescence.  

 9  And sadly, he died in his mid-thirties from a 

10  second brain tumor.  

11               But I truly believe that physical 

12  disabilities -- and many of you remember my 

13  ardent -- my passion for Timothy's Law and to try 

14  to reduce stigma around mental health challenges 

15  equal to physical health challenges.

16               And it was a true pleasure to work 

17  with Senator McDonald and Senator Fuschillo.  And 

18  you're going to have to forgive me if I forget 

19  the others who worked on it.  I'll name a couple 

20  more -- former Senator Craig Johnson, Senator 

21  Breslin.  I was in the mix, proudly.  And forgive 

22  me if I've left someone out who was involved in 

23  working on this issue.

24               And it was, I think, from my point 

25  of view one of the most wonderful -- one of the 

                                                               1535

 1  most wonderful things that ever happened in the 

 2  Senate in my time here.

 3               And, you know, I was saddened when 

 4  former Governor Paterson vetoed the bill that we 

 5  did, but I'm happy that finally Governor Cuomo 

 6  signed a bill that will really help families.  

 7               And, you know, there are many -- 

 8  there's several things of which I'm proud to have 

 9  worked on, and I know that the people who have 

10  worked on this, who worked on this issue have 

11  many things to be proud of.  But I want you to 

12  know most sincerely that on my list of things 

13  that I'm proud that I worked on, this is it.  

14               And I believe that the bill passed 

15  unanimously both times that we passed this bill, 

16  both parties unanimously.  And I truly felt at 

17  both of those moments in time that we behaved 

18  like a real Senate, and we can always do that.  

19  And if we ever start to stray from how we really 

20  can operate, I encourage everyone to remember 

21  those two moments when we worked so well 

22  together.  

23               And I again want to thank 

24  Senator McDonald because he shared his personal 

25  stories with us.  And when people come and lobby 

                                                               1536

 1  I always encourage them, when they see other 

 2  Senators, to tell their personal stories.  And 

 3  the personal stories involved in this bill were 

 4  enough to move each and every member of this 

 5  Senate.

 6               And a moment for us to be very 

 7  proud.  And thank you, Senator McDonald, and 

 8  everyone who has been involved and passionate 

 9  about this issue.

10               Thank you, Mr. President.

11               ACTING PRESIDENT FLANAGAN:   Thank 

12  you, Senator Duane.

13               Senator Huntley on the resolution.

14               SENATOR HUNTLEY:   Thank you, 

15  Mr. President.

16               I would like to take this 

17  opportunity to commend Senator McDonald for the 

18  work that he does.  I'm the ranker on his 

19  committee and I can tell you, no pun intended, 

20  but it's one of the best committees I've been on, 

21  with a person who I enjoy working with, a person 

22  who's warm and affectionate about what he does, 

23  about his family.  And it's indeed been a 

24  pleasure just to be in the company of someone who 

25  is so very sincere.  

                                                               1537

 1               And I just want to say to you it's 

 2  been really a great pleasure, and I wish you and 

 3  your family Godspeed.

 4               ACTING PRESIDENT FLANAGAN:   Thank 

 5  you, Senator Huntley.

 6               Senator Kennedy on the resolution.

 7               SENATOR KENNEDY:   Yes, thank you, 

 8  Mr. President.  

 9               It's been quite some time since 

10  we've spent so much time on a resolution -- 

11  rightfully so on this particular one.

12               Raising awareness and focus of 

13  autism, autism spectrum disorder, is incredibly 

14  important to this community, this great state.  

15  We all owe you, Senator McDonald, a tremendous 

16  debt of gratitude as individuals, as 

17  representatives of respective districts, but also 

18  as family members and as just members of this 

19  great community and this great state, to your 

20  leadership on this all-important issue.

21               Myself, I've had the opportunity as 

22  an occupational therapist to work with families 

23  of individuals and most importantly to work with 

24  individuals with all sorts of disabilities in 

25  their background.  Some of the greatest 

                                                               1538

 1  individuals that I've worked with have been 

 2  individuals who have the autism spectrum 

 3  disorder.  

 4               This state, this great state, 

 5  having last year, with your leadership, Senator 

 6  McDonald, taken such a tremendous step in the 

 7  right direction to help these families that are 

 8  impacted on a daily basis of this disorder is -- 

 9  again, we all owe you a debt of gratitude.  

10               We look forward this month as we 

11  recognize this disease and this disorder in these 

12  chambers to work with you to further the 

13  awareness and the impact that state legislation, 

14  driven through your committee, can have on 

15  families all across New York State.

16               Thank you, Mr. President.

17               ACTING PRESIDENT FLANAGAN:   Thank 

18  you, Senator Kennedy.

19               Senator Stewart-Cousins on the 

20  resolution.

21               SENATOR STEWART-COUSINS:   Thank 

22  you, Mr. President.

23               I rise too, and certainly extend my 

24  gratitude to Senator McDonald.  But also, as I 

25  look around, I see so many young people here 

                                                               1539

 1  today.  They're shadowing many of us as 

 2  legislators.  I know that my own shadowers, 

 3  Marialisa and Sam, are behind me.  

 4               But I thought it was important, 

 5  since you're here, that we're asking the Governor 

 6  and we're all acknowledging how important this 

 7  issue is -- and I know probably each and every 

 8  one of you are in touch or know someone who also 

 9  has autism.  So while you watch what happens 

10  today, understand that it's not all the time that 

11  we discuss issues that everybody knows a little 

12  about.  Autism is one of those issues.

13               So as you watch, as you shadow, 

14  remember the discussion.  Remember that in this 

15  Legislature, in this body, we talked about things 

16  that we as government can do -- not only passing 

17  legislation and resolutions, but raising 

18  awareness.  

19               And all of you who are here are 

20  part of that effort to raise awareness.  Because 

21  together, everywhere that we go, we can make it 

22  better for someone.

23               So again, welcome.  And again, 

24  thank you, Senator McDonald, for what you've 

25  done.

                                                               1540

 1               ACTING PRESIDENT FLANAGAN:   Thank 

 2  you, Senator Stewart-Cousins.

 3               The question is on the resolution. 

 4  All those in favor signify by saying aye.

 5               (Response of "Aye.")

 6               ACTING PRESIDENT FLANAGAN:    

 7  Opposed, nay.

 8               (No response.)

 9               ACTING PRESIDENT FLANAGAN:   The 

10  resolution is adopted.

11               Senator Libous.

12               SENATOR LIBOUS:   Mr. President, 

13  Senator McDonald would also open this resolution 

14  to all members.  If there's any member that 

15  wishes not to be a cosponsor, please advise the 

16  desk.

17               ACTING PRESIDENT FLANAGAN:   Any 

18  Senator wishing not to be a cosponsor of this 

19  resolution please notify the desk.

20               Senator Libous.

21               SENATOR LIBOUS:   There's a 

22  resolution by Senator Duane, Number 3716, at the 

23  desk.  Can we read its title, call on Senator 

24  Duane, and move for its adoption.

25               ACTING PRESIDENT FLANAGAN:   The 

                                                               1541

 1  Secretary will read.

 2               THE SECRETARY:   Legislative 

 3  Resolution 3716, by Senator Duane, commemorating 

 4  the 101st Anniversary of the Triangle Shirtwaist 

 5  Factory Fire on March 25, 2012.

 6               ACTING PRESIDENT FLANAGAN:    

 7  Senator Duane on the resolution.

 8               SENATOR DUANE:   Thank you, 

 9  Mr. President.

10               Today, as we do every year, the 

11  Senate honors the memories of the workers killed 

12  in the Triangle Shirtwaist Factory Fire.  The 

13  resolution -- which I encourage everyone to read, 

14  because it gives us the awful details of that day 

15  when 146 people, including former Senator Serph 

16  Maltese's grandmother and two of his aunts, were 

17  killed in that Triangle Shirtwaist Factory.  And 

18  they were horrible and -- horrible deaths.

19               And instead of repeating the 

20  chronology of events, I do want to talk about the 

21  idea of the Triangle Fire as what's referred to 

22  as an industrial accident.  

23               And that's actually an incorrect 

24  description.  To say that 146 people died because 

25  of a fire in a wastebasket, it's like saying 

                                                               1542

 1  World War I was about an archduke being fired at 

 2  Sarajevo.  It doesn't tell the whole story.  And 

 3  this -- because this -- what happened that day 

 4  was not an accident.  It was because of the 

 5  policies that were in place at the time.  

 6               So we remember and we mourn the 

 7  victims.  And we also have to remember the 

 8  perpetrators.  Not as individual factory owners, 

 9  but, you know, let's look at our history and the 

10  social and economic and political culture that at 

11  that time really were responsible for these 

12  literally crimes against the lives and dignity of 

13  working people, including Senator Maltese's 

14  family.

15               And even at the same time as the 

16  Triangle Fire, it's estimated that over 

17  100 Americans died in the workplace every day.  

18  One hundred people died in the workplace every 

19  day.  And so the Triangle Fire isn't an isolated 

20  incident, it was just a more egregious version.  

21  And it's a version of something that happened in 

22  factories and towns and textile mills and 

23  slaughterhouses and coal mines across the 

24  country.  You can read about in The Jungle, by 

25  Upton Sinclair.  

                                                               1543

 1               And two years after the Triangle 

 2  Fire, 31 people were killed in the Binghamton 

 3  Clothing Company, when a fire broke out in the 

 4  Wall Street building where it was housed and the 

 5  deputy marshal reported that a lack of fire 

 6  escapes contributed to the death toll.  And 

 7  events like these were horrible and were 

 8  commonplace.

 9               And I encourage my colleagues and 

10  visitors not to forget how difficult the struggle 

11  was to win the workplace safety rules that we 

12  take for granted today.  In 1909, shirtwaist 

13  workers citywide, they walked out in a demand for 

14  better pay and working conditions, but they were 

15  ignored by the Triangle management.  

16               And after the fire, the factory 

17  owners' insurance company reimbursed them $60,000 

18  more than their estimated losses.  They were then 

19  cleared of all criminal charges and paid out $75 

20  per victim in a civil suit.  In other words, the 

21  factory owners who ignored demands for reform, 

22  the factory owners who had locked their employees 

23  in to die turned a $50,000 profit thanks to the 

24  legal and political systems of their day.

25               That was the world in 1911.  And 

                                                               1544

 1  progress only came through the long-term efforts 

 2  of organized labor -- and we need to remember 

 3  that more than ever today -- and public disgust 

 4  at such terrifying working conditions, which we 

 5  must educate young people about because it is not 

 6  talked about, it's not a big enough part of 

 7  history books.  

 8               And progress came through political 

 9  will.  And I met one of my colleagues here 

10  because of her union activism, and together we 

11  created an amazing bill when I was in the 

12  New York City Council that to this day is a model 

13  of progress for hardworking people in New York 

14  City.

15               You know, one of the things that 

16  happened because of the horrible tragedy of that 

17  fire was that the Legislature, and really 

18  responding to public pressure -- so public 

19  pressure.  Pressure us, keep pressuring us.  And 

20  that was what caused the overhauling of our 

21  state's fire code, evacuation rules, and sanitary 

22  requirements.  

23               And New York's own Robert Wagner 

24  would go on to author the landmark National Labor 

25  Relations Act, and Governor Franklin Roosevelt 

                                                               1545

 1  appointed Frances Perkins -- a former senator -- 

 2  as Labor Secretary.  That's Ms. Frances Perkins.  

 3  Oh, FDR was a senator.  Yeah, I didn't think 

 4  Frances Perkins was.  I was like, I didn't 

 5  remember that from the -- yes, FDR, he sat right 

 6  over there.  Right over there.  And smoked.  

 7  Which he shouldn't have.  Anyway.  But Frances 

 8  Perkins, a New Yorker, was appointed FDR's Labor 

 9  Secretary.  

10               But, you know, over and over at 

11  that time there were patterns of industrial 

12  accidents.  And they weren't accidents.  And the 

13  victims tend to be marginalized, whether they 

14  were 16-year-old Russian Jewish girls in New York 

15  or first-generation Italians who made up the bulk 

16  of the victims at Monongah.  And over and over, 

17  cries for reform and resistance by the 

18  industries, and eventual progress as society and 

19  government came to recognize the brutality of how 

20  we treated our own people.  

21               By 1970 it was estimated that 

22  40 Americans died each day in the workplace.  

23  Today it is approximately 14.  But we need to do 

24  everything we can to make that zero.  So we have 

25  come a long way, but we have more to do.  

                                                               1546

 1               And institutions like OSHA, health 

 2  regulations, safety regulations -- whether in 

 3  textiles or factories or food processing -- have 

 4  changed the way Americans work and live, but they 

 5  have not been bought cheaply.  There are still 

 6  people who make our clothes, pick our produce, 

 7  and assemble our electronics working in 

 8  conditions much like the Triangle Factory Fire.  

 9               And some of this happens at home, 

10  as we learn that 25 people were killed in a fire 

11  in a chicken plant in North Carolina, having been 

12  locked in their factory 80 years after the 

13  Triangle Fire.

14               And much of it occurs overseas when 

15  people are murdered in, oh, so many countries -- 

16  Colombia, Guatemala -- for organizing unions.  

17  For organizing unions.  And Chinese workers have 

18  stood up to their own government, demanding the 

19  same rights as the young women demanded after the 

20  Triangle Fire, the same rights that Martin Luther 

21  King demanded for Memphis sanitation workers 

22  after two were crushed and killed by a sanitation 

23  truck malfunction that was not operating safely.

24               So what stands between us and the 

25  society of 20 years ago in North Carolina, 

                                                               1547

 1  50 years ago in Memphis, 100 years ago at 

 2  23 Washington Place in Greenwich Village is the 

 3  response of organized labor and social 

 4  movements.  It's what Rose Schneiderman of the 

 5  Women's Trade Union League demanded when she 

 6  wrote that it was up to the working people to 

 7  save themselves.  And it is what we must continue 

 8  to do going forward, working with working 

 9  people.  And we have to do it for the descendants 

10  of the victims of the Triangle Factory Fire.

11               I want to quote Fannia Cohn, one of 

12  the leaders of the International Ladies Garment 

13  Workers Union.  After the event, she wrote:  "The 

14  best memorial for our martyrs of the Triangle 

15  Fire is a resolve to continue our efforts to have 

16  the workers more strongly united in the economic 

17  and political fields, coupled with a workers' 

18  education movement that would help to create a 

19  new environment lending itself to fundamental 

20  political, social, and economic changes."

21               She was with the ILGWU.  Another 

22  garment workers' union, the Amalgamated Clothing 

23  and Textile Workers, incredibly important to the 

24  history of Rochester.

25               You know, almost every newspaper in 

                                                               1548

 1  the country has a business section.  Why isn't 

 2  there a section in every newspaper that talks 

 3  about what happens to the workers who make it 

 4  possible for those businesses to have that 

 5  profit?

 6               So I challenge me, I challenge us:  

 7  Our work is not done.  This is not a one-day, 

 8  oh -- this is a day where we have to recommit 

 9  ourselves.  I think this is something that we 

10  need to recommit ourselves to every day because 

11  future societies will judge us on what we do for 

12  working people today.

13               Thank you, Mr. President.

14               ACTING PRESIDENT GRIFFO:   Senator 

15  Parker.  

16               SENATOR PARKER:   Thank you, 

17  Mr. President.  On the resolution.

18               Let me begin by thanking Senator 

19  Duane for his explanation of the Triangle 

20  Shirtwaist Factory Fire and the historical 

21  significance of its 101st anniversary.  I 

22  actually carried a similar resolution the last 

23  couple of years.  

24               This is really a critical 

25  resolution because it really did create the 

                                                               1549

 1  atmosphere and really was the tipping point of 

 2  making sure that worker safety was improved not 

 3  just in New York City but really throughout the 

 4  country.  

 5               And we certainly, you know -- 

 6  obviously I want to honor the family of one of 

 7  our former colleagues, Serph Maltese, and his 

 8  family members that were lost in this fire.

 9               I think that part of what Senator 

10  Duane tried to cushion us from was the horrific 

11  nature of those 146 people who lost their lives 

12  that day.  These were poor working-class people.  

13  And not working class in like firemen, policemen, 

14  teachers.  We're talking about like immigrant 

15  working class.  Like, you know, people who were 

16  really at the lowest rung of the economic ladder 

17  and still working really for cents.  

18               And the reason why so many people 

19  died in this fire is that they were literally 

20  sealed in the place.  Making shirts, right?  And 

21  literally locked in.  And they literally couldn't 

22  get out.  And people were literally -- you know, 

23  many of the people, many got burned up.  Many 

24  jumped to their death instead of burning up in 

25  the building.

                                                               1550

 1               So this really was a horrific act.  

 2  It's really something that we need to remember.  

 3  I have a bill, Senate Bill 1819, that actually 

 4  creates a centennial commission on the Triangle 

 5  Shirtwaist Factory Fire that I am asking 

 6  Senator Skelos to bring to the floor and let's 

 7  pass it again.  We passed it in 2010.  And we can 

 8  pass this bill and get this commission going.  

 9               It would certainly, one, from a 

10  historical perspective, create the commission 

11  that would commemorate this event so that we -- 

12  you know, as they say about history, those who 

13  fail to learn the lessons of history are doomed 

14  to repeat them.  So we certainly want to 

15  commemorate them.  

16               But it also is a commission that 

17  would help us look forward as we continue to look 

18  for ways to improve working conditions for 

19  working people throughout the State of New York.

20               And certainly what my 

21  recommendation was to my colleagues was that we 

22  pass the bill, create the commission, and the 

23  Senate appointment structure should be former 

24  Senator Serph Maltese, who I think would 

25  certainly be a good addition to that.  

                                                               1551

 1               So Senate Bill 1819, if you didn't 

 2  get that the first time, Senator Libous, if we 

 3  can get that to the floor and pass it, I think it 

 4  would be a great addition to the work that we're 

 5  currently doing here in the State Senate.  

 6               Thank you, Mr. President.

 7               ACTING PRESIDENT GRIFFO:   Senator 

 8  Stavisky.

 9               SENATOR STAVISKY:   Thank you, 

10  Mr. President.  

11               Let me just amplify some of the 

12  comments that have been made.  First of all, 

13  146 people died.  And think about it:  129 were 

14  women.  Many were children; in fact, as young as 

15  12 years old.  Most of the people who died I 

16  believe were under the age of 26, I think, or 27.

17               Why did they die?  Because the 

18  owner of the factory locked the doors.  They 

19  couldn't get out.  They locked the stairwells, 

20  they locked the exits.  They could not get out.

21               And what happened as a result?  

22  Well, right after that they had a funeral 

23  procession, 100,000 people marched in New York 

24  City, in Manhattan, at the funeral procession to 

25  commemorate the horrific incident.

                                                               1552

 1               But after that, as Senator Duane 

 2  said, this gave the International Ladies Garment 

 3  Workers Union -- which was a relatively new union 

 4  in 1911.  They had been founded in 1900.  And 

 5  that gave them the impetus to organize and to 

 6  demand better working conditions.

 7               But the significance I think is not 

 8  just to remember history, but to prevent this 

 9  sort of situation from happening again.  And 

10  unfortunately, we have sweatshops that exist 

11  today.  We've got to make sure that we do not 

12  patronize those sweatshops.  They're dangerous.  

13  They employ people who belong in school.  

14               And I thank Senator Duane and 

15  Senator Parker for their comments.  But let us 

16  also remember the relatives, the descendants of 

17  the fire.  I know how important this was to 

18  Senator Maltese, and I certainly hope that we 

19  continue the tradition of remembering our 

20  history.

21               Thank you very much.

22               ACTING PRESIDENT GRIFFO:   Senator 

23  Savino.

24               SENATOR SAVINO:   Thank you, 

25  Mr. President.

                                                               1553

 1               I also want to rise and thank 

 2  Senator Duane for bringing this resolution and 

 3  for his very eloquent words about what this 

 4  means.  

 5               And we all know how important this 

 6  issue was to Senator Maltese, not just because he 

 7  was personally affected by it, as a family member 

 8  was lost, but also as a leader in the 

 9  Italian-American community.  

10               What happened in the Triangle 

11  Shirtwaist Factory was a tragedy.  And as we 

12  heard Senator Duane and Senator Parker and 

13  Senator Stavisky talk about the shockingness of 

14  the idea of 146 women being locked in a factory 

15  and being terrified and being forced to jump out 

16  the window rather than burn to death.  

17               And we hear about the efforts that 

18  came after that from Robert Wagner, who went on 

19  to pen the National Labor Relations Act, the 

20  Wagner Act, which grants workers the right to 

21  join together to fight these types of 

22  conditions.  

23               And we reflect that in the last 

24  100 years the likelihood of American workers 

25  dying in factories that way has diminished 

                                                               1554

 1  considerably.  We haven't exactly eradicated it.  

 2               But I think what's even more 

 3  important is that we should stop and think today, 

 4  as we commemorate the Triangle Shirtwaist Factory 

 5  Fire, and we are happy that American workers no 

 6  longer toil under those types of conditions -- 

 7  unless they're not caught at it.  But I would 

 8  think every one of us might want to take off 

 9  their jacket or look inside the label of their 

10  clothes and see where the clothing that you are 

11  wearing today was made.  

12               The likelihood is it was made in 

13  China or Vietnam or Bangladesh or somewhere else 

14  in the world where the conditions that existed in 

15  the Triangle Shirtwaist Factory are not an 

16  anomaly, they are not an exception, they are the 

17  rule.  

18               So while we reflect on the advances 

19  of workers in the United States and we look at 

20  the history of the Triangle Shirtwaist Factory 

21  and we say "never again here," maybe it's time we 

22  start saying "never again there" as well.

23               Thank you, Mr. President.

24               ACTING PRESIDENT GRIFFO:   The 

25  question is on the resolution.  All in favor 

                                                               1555

 1  signify by saying aye.

 2               (Response of "Aye.")

 3               ACTING PRESIDENT GRIFFO:    

 4  Opposed?  

 5               (No response.)

 6               ACTING PRESIDENT GRIFFO:   The 

 7  resolution is adopted.

 8               Senator Libous.  

 9               SENATOR LIBOUS:   Thank you, 

10  Mr. President.

11               At this time could we have the 

12  reading of the noncontroversial calendar, please.

13               ACTING PRESIDENT GRIFFO:   The 

14  Secretary will read.

15               SENATOR DUANE:   Mr. President, I 

16  would like to offer the opportunity for everyone 

17  to sign on.

18               SENATOR LIBOUS:   Absolutely.  

19               Senator Duane would like -- all 

20  members will be put on the resolution.  And if 

21  there are any members who wish to be taken off, 

22  to let the desk know.  

23               ACTING PRESIDENT GRIFFO:   So 

24  noted.

25               SENATOR LIBOUS:   Thank you, 

                                                               1556

 1  Senator Duane.  

 2               Reading of the noncontroversial 

 3  calendar.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  Secretary will read.

 6               THE SECRETARY:   Calendar Number 

 7  409, by Senator Fuschillo, Senate Print 6715, an 

 8  act to amend the Vehicle and Traffic Law.

 9               ACTING PRESIDENT GRIFFO:   Read the 

10  last section.

11               THE SECRETARY:   Section 7.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT GRIFFO:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 58.  Nays, 

17  1.  Senator Parker recorded in the negative.

18               ACTING PRESIDENT GRIFFO:   The bill 

19  is passed.

20               THE SECRETARY:   Calendar Number 

21  410, by Senator Fuschillo, Senate Print 6723, an 

22  act to amend the Vehicle and Traffic Law.

23               ACTING PRESIDENT GRIFFO:   Read the 

24  last section.

25               THE SECRETARY:   Section 2.  This 

                                                               1557

 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  413, by Senator Robach --

11               SENATOR BRESLIN:   Lay it aside.

12               ACTING PRESIDENT GRIFFO:   The bill 

13  is laid aside.

14               THE SECRETARY:   Calendar Number 

15  442, by Senator Zeldin, Senate Print 3844B, an 

16  act to amend Chapter 397 of the Laws of 1996.

17               ACTING PRESIDENT GRIFFO:   There is 

18  a home-rule message at the desk.

19               Read the last section.

20               THE SECRETARY:   Section 2.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT GRIFFO:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 58.  Nays, 

                                                               1558

 1  1.  Senator Parker recorded in the negative.

 2               ACTING PRESIDENT GRIFFO:   The bill 

 3  is passed.

 4               THE SECRETARY:   Calendar Number 

 5  444, by Senator Young, Senate Print 4359, an act 

 6  to amend the General Municipal Law.

 7               ACTING PRESIDENT GRIFFO:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 7.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT GRIFFO:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 58.  Nays, 

15  1.  Senator Parker recorded in the negative.

16               ACTING PRESIDENT GRIFFO:   The bill 

17  is passed.

18               THE SECRETARY:   Calendar Number 

19  446, by Senator Zeldin, Senate Print 6193, an act 

20  in relation to authorizing.

21               ACTING PRESIDENT GRIFFO:   Read the 

22  last section.

23               THE SECRETARY:   Section 2.  This 

24  act shall take effect immediately.

25               ACTING PRESIDENT GRIFFO:   Call the 

                                                               1559

 1  roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 58.  Nays, 

 4  2.  Senators Bonacic and Parker recorded in the 

 5  negative.

 6               ACTING PRESIDENT GRIFFO:   The bill 

 7  is passed.

 8               THE SECRETARY:   Calendar Number 

 9  447, by Senator Marcellino, Senate Print 6363, an 

10  act to amend Chapter 226 of the Laws of 2003.

11               ACTING PRESIDENT GRIFFO:   Read the 

12  last section.

13               THE SECRETARY:   Section 4.  This 

14  act shall take effect immediately.

15               ACTING PRESIDENT GRIFFO:   Call the 

16  roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 58.  Nays, 

19  2.  Senators Ball and Parker recorded in the 

20  negative.

21               ACTING PRESIDENT GRIFFO:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  449, by Member of the Assembly Magnarelli, 

25  Assembly Print Number 9336, an act to amend the 

                                                               1560

 1  County Law.

 2               ACTING PRESIDENT GRIFFO:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 2.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT GRIFFO:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 59.  Nays, 

10  1.  Senator Parker recorded in the negative.

11               ACTING PRESIDENT GRIFFO:   The bill 

12  is passed.

13               Senator DeFrancisco, why do you 

14  rise?

15               SENATOR DeFRANCISCO:   Just to 

16  explain my vote.

17               ACTING PRESIDENT GRIFFO:   Senator 

18  DeFrancisco to explain his vote.

19               SENATOR DeFRANCISCO:   This is an 

20  important bill for Central New York.  And it 

21  basically authorizes Onondaga County to 

22  collaborate with other counties in Central 

23  New York to operate and maintain a foreign trade 

24  zone, which is extremely important to work 

25  together, for counties to work together, in this 

                                                               1561

 1  case the counties of Onondaga, Cayuga, Oswego and 

 2  Madison, in order to bring business in the state.

 3               And I would urge everyone to vote 

 4  yes on this.  I'm not quite sure where the 

 5  opposition could come from.  Because it helps 

 6  Central New York and it helps create jobs in 

 7  New York State.

 8               Thank you, Mr. President.

 9               ACTING PRESIDENT GRIFFO:   Senator 

10  DeFrancisco to be recorded in the affirmative.  

11               Announce the results.

12               THE SECRETARY:   In relation to 

13  Calendar Number 449:  Ayes, 59.  Nays, 1.  

14  Senator Parker recorded in the negative.

15               ACTING PRESIDENT GRIFFO:   The bill 

16  is passed.

17               Senator Libous, that completes the 

18  noncontroversial reading of the calendar.

19               SENATOR LIBOUS:   Thank you, 

20  Mr. President.

21               Could we now go to the 

22  controversial reading of the calendar.

23               ACTING PRESIDENT GRIFFO:   The 

24  Secretary will ring the bell.

25               The Secretary will read.

                                                               1562

 1               THE SECRETARY:   Calendar Number 

 2  413, by Senator Robach, Senate Print 702A, an act 

 3  to amend the Penal Law.

 4               ACTING PRESIDENT GRIFFO:   An 

 5  explanation has been requested by Senator 

 6  Krueger.  

 7               Senator Breslin, why do you rise?

 8               SENATOR BRESLIN:   Mr. President, I 

 9  believe there's an amendment at the desk.  I ask 

10  that the reading of the amendment be waived and 

11  that Senator Krueger be allowed to speak on the 

12  amendment.

13               ACTING PRESIDENT GRIFFO:   Senator 

14  Krueger, you are waiving, then, the request for 

15  the explanation?  

16               SENATOR KRUEGER:   No, let's do the 

17  hostile first.

18               ACTING PRESIDENT GRIFFO:   Okay.  

19  Senator Breslin, there is an amendment at the 

20  desk.  

21               Senator Breslin, I have reviewed 

22  the amendment and ruled that it is not germane to 

23  the bill and therefore out of order.

24               SENATOR BRESLIN:   Yes, 

25  Mr. President, I would appeal the decision of the 

                                                               1563

 1  chair and request that Senator Krueger be heard 

 2  on that appeal.

 3               ACTING PRESIDENT GRIFFO:   Senator 

 4  Krueger, you may be heard.  

 5               The question is on the appeal of 

 6  the ruling of the chair, and Senator Krueger now 

 7  will be heard on that.

 8               SENATOR KRUEGER:   Thank you very 

 9  much.  I am appealing the ruling of the chair.  

10               My amendment to Senator Robach's 

11  bill is clearly germane to the bill.  The 

12  amendment deals with the same subject matter as 

13  the underlying bill in the following respects.  

14               Both Senator Robach's bill and the 

15  provisions of my amendment propose a new section, 

16  145.24, of the Penal Law.  Senator Robach's bill 

17  creates the new crime of environmental damage to 

18  property with a new section, 145.24, of the Penal 

19  Law, and my amendment provides the detail for 

20  particular types of violations under the same new 

21  section.

22               The amendment neither unreasonably 

23  expands the object or subject of the underlying 

24  bill, nor does it change the purpose, scope, or 

25  object of the original bill.  

                                                               1564

 1               The purpose and scope of the bill, 

 2  as amended as I propose, would remain to hold 

 3  those who do environmental damage to property 

 4  criminally liable for their actions.

 5               Had the bill been originally 

 6  introduced as I propose it now to be amended, it 

 7  would still have required consideration by the 

 8  same standing committee that reported the 

 9  underlying bill.  My amendments simply expand the 

10  details of Senator Robach's bill to allow 

11  specific types of environmental damage to fall 

12  under both the penal code and also civil code.  

13               It is for these reasons that I am 

14  offering the amendment today.  I do believe it is 

15  germane.  And I think it's particularly important 

16  that we recognize that there are -- excuse me, 

17  Mr. President.  

18               It is critical to understand that 

19  Senator Robach's bill and my amendments both 

20  would work to ensure that there are penalties for 

21  any person who intentionally takes action which 

22  does irreparable harm to the water supply and 

23  make clear that any natural gas driller who 

24  intentionally discharges hydraulic fracturing 

25  compounds into the state's water supply or 

                                                               1565

 1  knowingly covers up a prohibited discharge is in 

 2  fact violating environmental law.

 3               It provides for strict liability 

 4  for any person who undertakes the activities of 

 5  hydraulic fracturing or transportation of waste 

 6  chemicals and products, provides for treble 

 7  damages when such actions result in personal 

 8  injury or wrongful death, property damage, 

 9  reduction in property value, reduction in 

10  business value, loss of profits and all other 

11  damages caused by such activities.

12               Finally, my amendment, as germane 

13  to Senator Robach's bill, would remove any doubt 

14  that municipalities have standing to pursue such 

15  claims for damages resulting from the 

16  exploration, drilling and extraction of natural 

17  gas, including high-volume hydraulic fracturing, 

18  or hydrofracking.  

19               It is for these reasons that I 

20  believe my amendment is germane, and I would very 

21  much like a vote on the actual amendment.

22               Thank you, Mr. President.

23               ACTING PRESIDENT GRIFFO:   Thank 

24  you, Senator Krueger.  You have been heard on 

25  your appeal.

                                                               1566

 1               The question now is on the appeal 

 2  of overruling the chair.  All those in favor of 

 3  overruling the chair signify by saying aye.

 4               SENATOR BRESLIN:   Mr. President, 

 5  can we have a show of hands.

 6               ACTING PRESIDENT GRIFFO:   Senator 

 7  Breslin has requested a show of hands.  So 

 8  ordered.  

 9               (Senators raised their hands.)

10               ACTING PRESIDENT GRIFFO:   The 

11  Secretary will announce the results.

12               THE SECRETARY:   Ayes, 24.

13               ACTING PRESIDENT GRIFFO:   The 

14  ruling of the chair is sustained.

15               Read the last section.

16               Senator Krueger.

17               SENATOR KRUEGER:   Now if I could 

18  ask for an explanation of the bill.

19               ACTING PRESIDENT GRIFFO:   An 

20  explanation has been requested, Senator Robach, 

21  by Senator Krueger.

22               SENATOR ROBACH:   Yes, 

23  Mr. President.  

24               This bill would create the crime of 

25  environmental damage of property, which is 

                                                               1567

 1  committed when one, in the furtherance of the 

 2  commission of another felony, intentionally or 

 3  recklessly causes property damage that alters, 

 4  contaminates or destroys the quality of water, 

 5  soil or air in a remediation amount of more than 

 6  $100,000.  Environmental damage of property could 

 7  then be an additional Class C felony.  

 8               And let me further explain.  The 

 9  genesis of this bill came from an actual incident 

10  which happened in my district where an RGE 

11  plant -- Rochester Gas & Electric, our main 

12  provider of energy -- some criminals, for lack of 

13  a better term, broke into the power plant 

14  facility, wanted to get the copper out of a 

15  surplus transformer and, to get about $500 of 

16  copper, put 4800 gallons of oil into the 

17  tributaries, ponds, and eventually into 

18  Lake Ontario, causing a million dollars to the 

19  ratepayers and the Department of Environmental 

20  Conservation to clean that up. 

21               After working with people who were 

22  shocked at this outcome and also even more 

23  surprised to find out there really wasn't too 

24  much that could be done about the environmental 

25  damage side, I put this bill in place.  

                                                               1568

 1               ACTING PRESIDENT GRIFFO:   Senator 

 2  Krueger.

 3               SENATOR KRUEGER:   Thank you, 

 4  Mr. President.  If the sponsor could yield to a 

 5  question or two.

 6               ACTING PRESIDENT GRIFFO:   Sponsor, 

 7  will you yield?   

 8               SENATOR ROBACH:   I 

 9  enthusiastically yield.

10               SENATOR KRUEGER:   Well, I 

11  enthusiastically ask.  Thank you, Mr. Sponsor and 

12  Mr. President.

13               So I just attempted to offer 

14  amendments to your bill that in fact we did not 

15  have an opportunity to vote on.  But I actually 

16  think that the concerns I was raising could and 

17  would be addressed by your bill if it became 

18  law.  

19               So I'd like to propose a 

20  hypothetical and ask the sponsor whether he 

21  thinks his law would in fact apply in that 

22  situation.  Let's say I was the owner of a -- I'm 

23  sorry, Mr. President, I want to make sure the 

24  sponsor can hear me.

25               ACTING PRESIDENT GRIFFO:   Senator 

                                                               1569

 1  Krueger, are you posing a hypothetical or a 

 2  hypothetical question?  Because --

 3               SENATOR KRUEGER:   Well, I'm giving 

 4  a hypothetical example and I'm asking it as a 

 5  question of the sponsor.  Thank you.  

 6               But he was speaking to someone 

 7  else; I wanted to make sure he had a chance to 

 8  listen.  Thank you.  

 9               So let's say I was operating a 

10  hydraulic drilling site, hydrofracturing at a 

11  drilling site in New York, and I know that I'm 

12  supposed to remove, under the hypothetical 

13  permit, remove the wastewater from the drilling 

14  site to an appropriate wastewater decontamination 

15  site of some sort, but I decide that I don't 

16  really want to spend the money to do that and so 

17  I tell my employee to go dump it in a lake 

18  instead of taking it to a wastewater facility.

19               Over the course of the trip to the 

20  lake or river or pond, with the dangerous waste 

21  chemicals being illegally transported to this 

22  lake, river or pond, there is an accident.  And 

23  because these products are actually -- they're 

24  flammable, and so the vehicle blows up, the 

25  worker is killed, the environmental damage is 

                                                               1570

 1  done --

 2               SENATOR LIBOUS:   Mr. President, 

 3  just a point of order.

 4               ACTING PRESIDENT GRIFFO:   Senator 

 5  Libous, why do you rise?

 6               SENATOR LIBOUS:   Is Senator 

 7  Krueger asking the sponsor a question or is she 

 8  telling us a story, a hypothetical story of 

 9  something that may happen?  

10               ACTING PRESIDENT GRIFFO:   I have 

11  asked Senator Krueger -- Senator Robach did yield 

12  for a question, as you had requested.  You now 

13  appear to be discussing the bill in some format.

14               SENATOR KRUEGER:   No.  No, I'm not 

15  discussing the bill, Mr. President.

16               ACTING PRESIDENT GRIFFO:   So would 

17  you please direct a question to Senator Robach?  

18               SENATOR KRUEGER:   Certainly.  

19               Through you, Mr. President, my 

20  question is does Senator Robach believe his bill 

21  would apply in a situation where someone who was 

22  involved in hydraulic fracturing chose to send 

23  their wastewater to an illegal dumping site, 

24  there was a tragic accident on the way to the 

25  illegal dumping site, and there was an additional 

                                                               1571

 1  felony that took place, perhaps because of the 

 2  blowing up of the vehicle in addition to the 

 3  environmental dosage?  

 4               ACTING PRESIDENT GRIFFO:  Senator 

 5  Krueger -- Senator Krueger --

 6               SENATOR KRUEGER:   Would that be -- 

 7  excuse me.

 8               ACTING PRESIDENT GRIFFO:   What is 

 9  your question?  

10               SENATOR KRUEGER:   Would your bill 

11  in fact apply in that circumstance?

12               SENATOR ROBACH:   My answer will be 

13  much, much shorter than the question.

14               As I stated in the beginning of 

15  this, if it was done in the commission of another 

16  felony, that would apply regardless of what the 

17  activity was, if it damaged the environment on 

18  any topic.

19               SENATOR KRUEGER:   Mr. President, 

20  through you, I think I will speak on the bill.

21               ACTING PRESIDENT GRIFFO:   Senator 

22  Krueger on the bill.

23               SENATOR KRUEGER:   So I thank the 

24  sponsor for his answer.  Because while it was a 

25  hypothetical question, it was a very real 

                                                               1572

 1  possibility, and he answered yes, that his bill 

 2  could apply.

 3               And in fact you can find in case 

 4  law in the State of New York any number of 

 5  circumstances where that's already taken place.  

 6  Not necessarily with hydraulic fracturing, 

 7  because we don't actually allow that yet in our 

 8  state, but through any number of other 

 9  environmental accidents or intentional 

10  accidents.  

11               I'll cite People of the State of 

12  New York v. Roth, an Onondaga County case from 

13  1992, where the employee was cleaning a truck 

14  trailer and he died when petroleum vapors 

15  exploded.  The defendants, charged with 

16  manslaughter and negligent homicide, were a 

17  petroleum transport company, the district manager 

18  and the operations manager of the facility where 

19  the deceased worker worked from.  

20               The court affirmed dismissal of the 

21  charges, finding the evidence presented was 

22  insufficient to show the foreseeability of the 

23  death, but they did establish that the question 

24  of causation in law and environmental damage was 

25  real.  

                                                               1573

 1               Unfortunately, we didn't have the 

 2  right law in New York State to address this.  I 

 3  believe with Senator Robach's law we might in 

 4  fact have the correct statute.

 5               In the People of the State of 

 6  New York versus Polvino, also Onondaga County, 

 7  the defendants knew the proper way to dispose of 

 8  corrosive and hazardous chemicals that were on 

 9  their property.  Evidence showed, however, that 

10  the defendant did not follow such correct 

11  procedures in removal of the hazardous chemicals 

12  and instead hired another man to haul the barrels 

13  away.  The contents spilled, the hauler died at 

14  the scene, caused by lung damage from the spill.  

15  There was environmental damage in addition to the 

16  felony of the man dying.  

17               The court found evidence of 

18  foreseeability was sufficient to allow the case 

19  of the criminal charge of the worker dying but 

20  not necessarily of the violation of environmental 

21  law.

22               I believe Senator Robach's law 

23  would allow us to go after this type of 

24  circumstance, whether it's moving corrosive and 

25  hazardous chemicals from a drilling site or from 

                                                               1574

 1  some other site, under our law.

 2               Under the People of the State of 

 3  New York versus Macellaro, 1987, Westchester 

 4  County, the court allowed a reckless endangerment 

 5  prosecution where evidence showed that the 

 6  defendant illegally dumped 35-gallon drums on the 

 7  side of a roadway rather than correctly removing 

 8  the hazardous chemicals.  

 9               One drum was leaking, and when the 

10  defendant attempted to remove the hazardous 

11  warning label in order to leave the drums by 

12  burning off the hazardous warning label with a 

13  lighter, the substance ignited instead, causing 

14  enormous environmental damage.  

15               So in fact there also there was the 

16  criminal activity of illegally attempting to dump 

17  chemicals.  The harm done by the ignition or 

18  explosion of the chemicals when someone was 

19  trying to hide the fact that they were violating 

20  the law, but not a clear statute on penal -- 

21  excuse me, criminal sanctions, criminal penalties 

22  for violations of our environment.

23               So in fact I believe that Senator 

24  Robach's bill is an important bill.  I think it 

25  could have been strengthened with the amendments 

                                                               1575

 1  that I proposed, which included sections of a law 

 2  I carry, sections of a bill Senator Duane 

 3  carries, and sections of a bill that Senator Greg 

 4  Ball carries.  

 5               So I am happy to support Senator 

 6  Robach's bill today.  I hope it becomes law.  But 

 7  I think it could become an even better law if we 

 8  were to seriously look at making the amendments 

 9  to his law that we've recommended today.

10               And so I'm hoping Senator Robach 

11  might want to work with me in the future to make 

12  his what I believe good bill even better law.  

13               Thank you, Mr. President.

14               ACTING PRESIDENT GRIFFO:   Is there 

15  any other Senator wishing to be heard?

16               Hearing none, debate is closed.  

17  The Secretary will ring the bell.

18               Can we have some order, please, in 

19  the chamber.  

20               The Secretary will read the last 

21  section.

22               THE SECRETARY:   Section 2.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT GRIFFO:   Call the 

25  roll.

                                                               1576

 1               (The Secretary called the roll.)

 2               ACTING PRESIDENT GRIFFO:   Senator 

 3  Robach to explain his vote.

 4               SENATOR ROBACH:   Yes, 

 5  Mr. President, very quickly.

 6               I would just encourage folks to 

 7  support this.  This really is a win for all of 

 8  our constituents in two ways.  

 9               The first way, it can deter 

10  contamination, environmentally dangerous 

11  exposure.  

12               And secondly, it really, I think, 

13  can help people.  In the case that I gave you, 

14  what happened in my district, it will also 

15  protect people from either having to pay through 

16  their taxes when the Department of Environmental 

17  Conservation is responsible for these types of 

18  activities, where they have to clean it up, or, 

19  in the case in my district where Rochester Gas & 

20  Electric, the utility, had to clean it up, that 

21  cost then goes out to the ratepayers.  

22               So we can do two good things today 

23  by passing this bill:  Deter that type of 

24  environmental crime in the commission of other 

25  felonies and also at the same time hopefully --

                                                               1577

 1               ACTING PRESIDENT GRIFFO:   Excuse 

 2  me.  I ask for order in the chamber, please.

 3               Senator Robach, please continue.

 4               SENATOR ROBACH:   -- and 

 5  hopefully reduce the chances of increased risk 

 6  in this type of environmental damage.  

 7               And I would just encourage people 

 8  to support that on behalf of all of our 

 9  constituents.

10               Thank you, Mr. President.

11               ACTING PRESIDENT GRIFFO:    

12  Senator Robach to be recorded in the 

13  affirmative.

14               Announce the results.

15               THE SECRETARY:   In relation to 

16  Calendar Number 413, those recorded in the 

17  negative are Senators Duane and Parker.

18               Ayes, 58.  Nays, 2.

19               ACTING PRESIDENT GRIFFO:   The bill 

20  is passed.

21               Senator Libous, that completes the 

22  controversial reading of the calendar.

23               SENATOR LIBOUS:   Mr. President, is 

24  there any further business at the desk?  

25               ACTING PRESIDENT GRIFFO:   There is 

                                                               1578

 1  none.

 2               SENATOR LIBOUS:   Thank you, 

 3  Mr. President.  

 4               There being no further business, 

 5  I move that the Senate adjourn until 

 6  Wednesday, March 28th, at 11:00 a.m.

 7               ACTING PRESIDENT GRIFFO:   On 

 8  motion, the Senate stands adjourned until 

 9  Wednesday, March 28th, at 11:00 a.m. 

10               Senate adjourned.  

11               (Whereupon, at 4:34 p.m., the 

12  Senate adjourned.)

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