Regular Session - May 15, 2012

                                                                   2915

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 15, 2012

11                     3:20 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR ELIZABETH O'C. LITTLE, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  

                                                               2916

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

 2               ACTING PRESIDENT LITTLE:   The 

 3  Senate will come to order.  

 4               I ask everyone present to please 

 5  rise and repeat with me the Pledge of 

 6  Allegiance.

 7               (Whereupon, the assemblage 

 8  recited the Pledge of Allegiance to the Flag.)

 9               ACTING PRESIDENT LITTLE:   We are 

10  joined today by Rabbi Neal Joseph Loevinger of 

11  Temple Beth El, Poughkeepsie, New York.

12               Rabbi?

13               RABBI LOEVINGER:   Thank you.  

14  It's an honor to be here.  

15               Thank you, Senator Saland, for 

16  inviting me.

17               In this week the Jewish people 

18  are reading a section of the Torah called the 

19  Portion Behar-Bechukotai.  And in this section 

20  of the Torah we read one of the most famous 

21  verses in American history, the verse which 

22  speaks of the Jubilee, that fiftieth year when 

23  debts and slaves were released and liberty was 

24  proclaimed throughout the land.  

25               This verse is inscribed on the 

                                                               2917

 1  Liberty Bell in Philadelphia:  "Proclaim 

 2  liberty throughout all the Land, unto all the 

 3  inhabitants thereof."

 4               In the Jewish tradition, the 

 5  teachings of the Torah portion are an 

 6  invitation to reflect on the meaning of the 

 7  liberty, which is seen as the deepest goal of 

 8  human society.  

 9               We all approach God in our own 

10  way.  We all have a different understanding of 

11  our higher power.  In the Jewish tradition, 

12  one way we name God is notan da'at, the source 

13  of our wisdom.  So I pray to the source of all 

14  our wisdom, the One who is conceived 

15  differently by those citizens of various races 

16  and creeds, professions joined here today.  

17               Please, Source of our Wisdom, 

18  teach us that lesson from our Torah, from our 

19  sacred scriptures, that reminds us that riches 

20  are wonderful, a free market economy is a 

21  blessing, but human freedom and human dignity 

22  is the most important goal of all.

23               Please, Source of our Wisdom, 

24  bind citizens of different goals together in a 

25  common purpose, to uplift the polity which 

                                                               2918

 1  this house is blessed and consecrated to 

 2  serve.  Help us all be humble, accept the 

 3  criticism and ideas of those who are different 

 4  from us.  Help us be fearless in standing up 

 5  for the deepest ideals and the greatest goals 

 6  of our integrity.

 7               Please, Source of our Wisdom, God 

 8  who is the Father of all humankind, give us 

 9  one human heart, as citizens of the great 

10  State of New York who serve towards the goal 

11  of proclaiming liberty throughout all the land 

12  unto all the inhabitants thereof -- all the 

13  inhabitants, of every color, every creed, 

14  every social class, every political 

15  persuasion, everyone who is blessed to call 

16  this state home.  Let us serve together to 

17  raise them up with all the powers that You 

18  have granted us.  

19               And let us say amen.

20               ACTING PRESIDENT LITTLE:   Thank 

21  you, Rabbi Loevinger.

22               Senator Saland.

23               SENATOR SALAND:   Thank you, 

24  Madam President.  

25               I think Rabbi Loevinger's 

                                                               2919

 1  eloquence certainly was captured by my friend and 

 2  colleague Senator DeFrancisco, who just said:  

 3  "Is he primarying you?"

 4               (Laughter.)

 5               SENATOR SALAND:   It's a distinct 

 6  pleasure for me to have the opportunity to 

 7  personally welcome Rabbi Loevinger to our 

 8  chamber.  He's a man who not only is my spiritual 

 9  leader and the spiritual leader of my 

10  congregation, but he's a man who married my 

11  youngest son and daughter-in-law.  

12               He's a man who means so much to so 

13  many, not merely within the community of Temple 

14  Beth El, but the community of all of not merely 

15  Poughkeepsie but Dutchess County.  He's a man who 

16  is committed to equality, to diversity, to 

17  tolerance.  

18               It's a pleasure to be a member of 

19  his congregation.  I'm proud to be a member of 

20  his congregation.  And from the invocation he 

21  offered today, you certainly can understand why I 

22  would be.

23               Rabbi, thank you very much.

24               RABBI LOEVINGER:   Thank you, 

25  Senator.

                                                               2920

 1               SENATOR SALAND:   And thank you, 

 2  Madam President, for recognizing me.

 3               ACTING PRESIDENT LITTLE:   Thank 

 4  you very much.

 5               RABBI LOEVINGER:   Thank you, 

 6  Senator.

 7               ACTING PRESIDENT LITTLE:   Thank 

 8  you.

 9               The reading of the Journal.

10               THE SECRETARY:   In Senate, Monday, 

11  May 14th, the Senate met pursuant to adjournment.  

12  The Journal of Sunday, May 13th, was read and 

13  approved.  On motion, Senate adjourned.

14               ACTING PRESIDENT LITTLE:   Without 

15  objection, the Journal stands approved as read.

16               Presentation of petitions.

17               Messages from the Assembly.

18               The Secretary will read.

19               THE SECRETARY:   On page 21, 

20  Senator Hannon moves to discharge, from the 

21  Committee on Finance, Assembly Bill Number 669C 

22  and substitute it for the identical Senate Bill 

23  Number 3200B, Third Reading Calendar 524.

24               ACTING PRESIDENT LITTLE:  

25  Substitution ordered.

                                                               2921

 1               Messages from the Governor.

 2               Reports of standing committees.

 3               The Secretary will read.

 4               THE SECRETARY:   Senator 

 5  DeFrancisco, from the Committee on Finance, 

 6  reports the following confirmation:  

 7               As member and chair of the Niagara 

 8  Frontier Transportation Authority, Howard A. 

 9  Zemsky, of Buffalo.

10               ACTING PRESIDENT LITTLE:   Senator 

11  DeFrancisco.

12               SENATOR DeFRANCISCO:   Yes, I move 

13  the nomination of Howard Zemsky as a member of 

14  the Niagara Frontier Transportation Authority; 

15  actually, as chairman.  

16               And he went through the Senate 

17  Finance Committee as well as the Transportation 

18  Committee, and he is clearly qualified.  And 

19  we're very pleased that the Governor made the 

20  nomination.  

21               And I would move the nomination and 

22  urge that the nomination be adopted.

23               ACTING PRESIDENT LITTLE:   Thank 

24  you, Senator DeFrancisco.

25               Senator Maziarz.

                                                               2922

 1               SENATOR MAZIARZ:   Thank you very 

 2  much, Madam President.  

 3               I just want to endorse this 

 4  nomination and thank the Governor for choosing 

 5  such an excellent nominee.  

 6               Mr. Zemsky has been a member of the 

 7  authority for several years now.  And I think the 

 8  most positive thing among many positive things 

 9  that I could say is that he looks at the 

10  authority from what it should be, a multicounty 

11  agency that's charged with a very important 

12  public mission, providing transportation services 

13  to all the residents of Western New York.  

14               I think this is, as I said, an 

15  excellent appointment by Governor Cuomo.  I've 

16  known Howard for many years.  I know he will do a 

17  great job here.  

18               I do want to just mention that we 

19  have our former colleague, Assemblyman Sam Hoyt, 

20  here with us, who is working very closely with 

21  Howard in some other ventures that the Governor 

22  has appointed both of them to, and that is 

23  turning around the economy of Western New York.  

24               And if the Governor is listening -- 

25  and we all know the Governor is always 

                                                               2923

 1  listening -- I just want to say that both of 

 2  them, Howard as chair of the Western Regional 

 3  Economic Development Council and Sam as the head 

 4  of the Western Region Empire State Development 

 5  Office, are doing an excellent job, working very 

 6  closely together with local elected officials all 

 7  over Western New York to create jobs for Western 

 8  New Yorkers.  

 9               In this case, in the case of the 

10  Niagara Frontier Transportation Authority, to get 

11  Western New Yorkers to their jobs is a very 

12  important mission, very important to those people 

13  who need public transportation.

14               So, Madam President, it's a great 

15  pleasure for me to highly recommend to my 

16  colleagues this appointment by Governor Cuomo.

17               Thank you.

18               ACTING PRESIDENT LITTLE:   Thank 

19  you, Senator Maziarz.

20               Senator Gallivan.

21               SENATOR GALLIVAN:   Thank you, 

22  Madam President.

23               I too rise to support the 

24  nomination of Howard Zemsky as chairman of the 

25  NFTA.  

                                                               2924

 1               Howard is, of course, as Senator 

 2  DeFrancisco mentioned, tremendously qualified.  

 3  But he's been a tremendous leader for Western 

 4  New York, a tremendously successful businessman, 

 5  very generous in giving of his time in helping 

 6  the community, doing a great job as cochair of 

 7  the Regional Economic Development Council, 

 8  working with Assemblyman Hoyt, and I thank you 

 9  both of you for that.

10               And, Howard, I congratulate you for 

11  this nomination, look forward to voting for it, 

12  and look forward to working with you for many 

13  years to come.

14               Thank you, Madam President.

15               ACTING PRESIDENT LITTLE:   Thank 

16  you, Senator Gallivan.

17               Senator Grisanti.

18               SENATOR GRISANTI:   Yes, thank you, 

19  Madam President.  

20               You know, Howard, for -- first of 

21  all, I think the Governor has made a wise choice 

22  in making you chairman of the NFTA.  But you wear 

23  so many hats that if this was the Indy 500, you 

24  should be getting paid for sponsorship programs 

25  for wearing so many hats.  

                                                               2925

 1               Because from the Larkin 

 2  Development, where you have taken that area and 

 3  grown it so vastly and made it such a beautiful 

 4  place and a place for employment and jobs -- 

 5  which is actually our number-one goal -- from the 

 6  Richardson Complex, to the Regional Council, to 

 7  your contribution with the arts and the culturals 

 8  in our program in our community, and to be teamed 

 9  up with Sam, who's next to you.  

10               I mean, what we have going on in 

11  the Western New York delegation, what we have 

12  going on with the Governor's office and our 

13  appointments, Western New York will not be 

14  ignored any longer.

15               And the simple fact of the matter 

16  is is that you could probably have left the state 

17  if you wanted to and taken your business 

18  elsewhere.  And, you know, you're a man of 

19  vision, a man of your word, and you're somebody 

20  that once you put your mind to it, you're going 

21  to get it done.  

22               And I'm glad to see that you're 

23  focused now with the NFTA, transportation, 

24  figuring out what we're going to be doing with 

25  regard to the waterfront, issues along those 

                                                               2926

 1  lines.  Very important for the future of this 

 2  region.  

 3               And I'm just very proud to support 

 4  this, and I recommend everybody in this chamber 

 5  to support Howard Zemsky as chair of the NFTA.  

 6               Thank you, Howard, for being here, 

 7  and tell your whole family hello as well.  

 8               Thank you.  

 9               ACTING PRESIDENT LITTLE:   Thank 

10  you, Senator Grisanti.

11               Senator Ranzenhofer.

12               SENATOR RANZENHOFER:   Thank you, 

13  Madam President.  

14               I'd also like to rise and commend 

15  the Governor for an excellent nomination.  

16               When Mr. Zemsky appeared before us 

17  today in Transportation, I had mentioned that I 

18  think that he is an excellent candidate because 

19  he has a great combination of private-sector 

20  experience and experience serving on the NFTA 

21  already.

22               But what most impressed me, in 

23  addition to what my colleagues have said, is that 

24  earlier this year when the NFTA was dealing with 

25  a very difficult issue, Mr. Zemsky stepped 

                                                               2927

 1  forward and exhibited leadership.  He was in a 

 2  minority position that was not the feeling of the 

 3  majority of the board.  At the end of the day, 

 4  his wisdom, his leadership prevailed.  And that's 

 5  the type of leadership that we need at the NFTA 

 6  as we move forward with all of the issues that we 

 7  have to contend with.  

 8               So I commend you for accepting the 

 9  Governor's nomination, for giving once again of 

10  your abilities and your time, and look forward to 

11  working with you as chairman of the NFTA.

12               Good luck.

13               ACTING PRESIDENT LITTLE:   Thank 

14  you, Senator Ranzenhofer.

15               Senator Kennedy.

16               SENATOR KENNEDY:   Yes, thank you, 

17  Madam President.

18               First and foremost, I want to 

19  congratulate Howard Zemsky on your appointment as 

20  chairman to the NFTA.  

21               And, you know, good things come to 

22  those who wait.  Mr. Zemsky was put forward 

23  several years ago under another administration.  

24  Congratulations to Governor Cuomo for once again 

25  getting it right and succeeding where other 

                                                               2928

 1  administrations have failed.

 2               We are very, very proud as 

 3  Western New Yorkers and Buffalonians to second 

 4  the nomination and the confirmation of Howard 

 5  Zemsky as the chairman of the NFTA.  

 6               Recently the Buffalo News correctly 

 7  referred to Mr. Zemsky as our go-to guy out in 

 8  Western New York.  And as already articulated, 

 9  Mr. Zemsky's leadership on issues that pertain 

10  both to the NFTA as well as to the greater 

11  community -- his efforts to restore Frank Lloyd 

12  Wright's Darwin Martin House, the Richardson 

13  Olmsted Complex out in Western New York, his 

14  sincere and focused strategy on reinvigorating 

15  Western New York's economy by a strong focus on 

16  our tremendous cultural institutions -- is second 

17  to none.  

18               And with that, he has been tapped 

19  as the cochair of the Western New York Regional 

20  Economic Development Council, which recently was 

21  awarded one of four over $100 million --

22               ACTING PRESIDENT LITTLE:   

23  {Gaveling.}

24               SENATOR KENNEDY:   -- economic 

25  development awards from Albany.

                                                               2929

 1               With that said -- I take it, 

 2  Madam President, you weren't putting the gavel 

 3  down with on me with all these great things I'm 

 4  saying.

 5               (Laughter.)

 6               ACTING PRESIDENT LITTLE:   Just 

 7  trying to get quiet so everyone can hear you.

 8               SENATOR KENNEDY:   With that said, 

 9  Howard Zemsky's leadership and vision have been a 

10  driving force in reinvigorating economic 

11  development out in Western New York.  

12               And the long-term success of the 

13  Niagara Frontier Transportation Authority is 

14  critical to our region's economic future.  And a 

15  strong focus on the agency's core mission of 

16  public transportation is going to ensure Western 

17  New Yorkers have the accessible and affordable 

18  transportation services that we and we desire.  

19               Mr. Zemsky, it is truly an honor 

20  and a privilege to stand on this floor to confirm 

21  you and to second your nomination as chair of the 

22  NFTA.  I look forward to working with you for a 

23  long way to come.

24               Thank you very much.

25               ACTING PRESIDENT LITTLE:   Thank 

                                                               2930

 1  you, Senator Kennedy.

 2               The question is on the confirmation 

 3  of Howard Zemsky, of Buffalo, as a member and 

 4  chair of the Niagara Falls Transportation 

 5  Authority.  All those in favor signify by saying 

 6  aye.

 7               (Response of "Aye.")

 8               ACTING PRESIDENT LITTLE:   Those 

 9  opposed, nay.

10               (No response.)

11               ACTING PRESIDENT LITTLE:   The 

12  confirmation is confirmed.

13               And certainly, Mr. Zemsky, 

14  listening to my colleagues, I know that you are 

15  well-prepared, well-suited for this position.  We 

16  wish you our best wishes, congratulations, and 

17  sincerely a lot of luck and good success at what 

18  you are doing as you go forward.  Thank you very 

19  much, and thanks for being here today.

20               (Standing ovation.)

21               ACTING PRESIDENT LITTLE:   Reports 

22  of select committees.

23               Communications and reports from 

24  state officers.

25               Motions and resolutions.

                                                               2931

 1               Senator Libous.

 2               SENATOR LIBOUS:   Thank you, 

 3  Madam President.

 4               I have a number of motions that I 

 5  need to read at this time.

 6               On behalf of Senator Nozzolio, on 

 7  page 7 I offer the following amendments to 

 8  Calendar Number 44, Senate Print Number 5208A, 

 9  and ask that said bill retain its place on the 

10  Third Reading Calendar.

11               ACTING PRESIDENT LITTLE:   The 

12  amendments are received and adopted, and the bill 

13  will retain its place on the Third Reading 

14  Calendar.

15               SENATOR LIBOUS:   Madam President, 

16  on behalf of Senator Ball, on page 16 I offer the 

17  following amendments to Calendar Number 425, 

18  Senate Print 6090, and ask that said bill retain 

19  its place on the Third Reading Calendar.

20               ACTING PRESIDENT LITTLE:   The 

21  amendments are received and adopted, and the bill 

22  will retain its place on the Third Reading 

23  Calendar.

24               SENATOR LIBOUS:   On behalf of 

25  Senator Grisanti, on page 28, I offer the 

                                                               2932

 1  following amendments to Calendar Number 662, 

 2  Senate Print 2409D, and ask that said bill retain 

 3  its place on the Third Reading Calendar.

 4               ACTING PRESIDENT LITTLE:   The 

 5  amendments are received and adopted, and the bill 

 6  will retain its place on the Third Reading 

 7  Calendar.

 8               SENATOR LIBOUS:   On behalf of 

 9  Senator Fuschillo, on page 35 I offer the 

10  following amendments to Calendar Number 733, 

11  Senate Print 5221, and ask that said bill retain 

12  its place on the Third Reading Calendar.

13               ACTING PRESIDENT LITTLE:   The 

14  amendments are received and adopted, and the bill 

15  will retain its place on the Third Reading 

16  Calendar.

17               SENATOR LIBOUS:   On behalf of 

18  Senator Saland, Madam President, I wish to call 

19  up his bill, Senate Print 1414A, recalled from 

20  the Assembly, which is now at the desk.

21               ACTING PRESIDENT LITTLE:   The 

22  Secretary will read.

23               THE SECRETARY:   Calendar Number 

24  414, by Senator Saland, Senate Print 1414A, an 

25  act to amend the Criminal Procedure Law.

                                                               2933

 1               SENATOR LIBOUS:   Madam President, 

 2  I now move to reconsider the vote by which this 

 3  bill was passed.

 4               ACTING PRESIDENT LITTLE:   Call the 

 5  roll on reconsideration.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 57.

 8               SENATOR LIBOUS:   Madam President, 

 9  I offer up the following amendments.

10               ACTING PRESIDENT LITTLE:   The 

11  amendments are received.

12               Senator Libous.

13               SENATOR LIBOUS:   Thank you, 

14  Madam President.  

15               At this time may we adopt the 

16  Resolution Calendar, with the exception of 

17  Resolutions 4557, 4620, 4637, and 4658.

18               ACTING PRESIDENT LITTLE:   All in 

19  favor of adopting the Resolution Calendar, with 

20  the exceptions noted, signify by saying aye.

21               (Response of "Aye.")

22               ACTING PRESIDENT LITTLE:   Opposed, 

23  nay.

24               (No response.)

25               ACTING PRESIDENT LITTLE:   The 

                                                               2934

 1  Resolution Calendar is adopted.

 2               Senator Libous.

 3               SENATOR LIBOUS:   Madam President, 

 4  I believe there's a resolution at the desk by 

 5  Senator Skelos, Number 4620.  I would ask the 

 6  desk to please read it in its entirety.  

 7               And then, after it is read, I would 

 8  ask you to call on Senator Young first and then 

 9  Senator Hassell-Thompson.

10               ACTING PRESIDENT LITTLE:   Thank 

11  you, and the Secretary will read.

12               THE SECRETARY:   Legislative 

13  Resolution Number 4620, by Senator Skelos, 

14  congratulating the 2012 New York State Senate 

15  Women of Distinction.  

16               "WHEREAS, It is the sense of this 

17  Legislative Body to acknowledge and celebrate 

18  Women of Distinction who significantly add 

19  inspiration and encouragement to the people of 

20  this great Empire State; and 

21               "WHEREAS, The New York State Senate 

22  Women of Distinction program was created in 1998, 

23  as part of our state celebration of Women's  

24  History Month, to honor exemplary women from 

25  across New York State whose singular professional  

                                                               2935

 1  or personal achievements, commitment to 

 2  excellence, and accomplishments merit special 

 3  recognition.  Honorees are selected from 

 4  nominations submitted from across the state; and   

 5               "WHEREAS, Women of every economic, 

 6  ethnic and religious background have made 

 7  significant contributions that are reflected 

 8  across all aspects of society; and 

 9               "WHEREAS, It is the custom of this 

10  Legislative Body to pay tribute to individuals of  

11  remarkable character who have shown initiative 

12  and commitment in constantly pursuing higher 

13  goals for themselves as well as acting as role 

14  models to all women in their community; and   

15               "WHEREAS, On behalf of the New York 

16  State Senate, I take this opportunity to 

17  congratulate Dr. LaVonne E. Ansari, Angela 

18  Augugliaro, Erin Bentivegna, Debra Brawley, 

19  Randi Bregman, Serena Brothers-Mohamed, Jane 

20  Brown,  Patricia T. Cataldi, Dr. Mary Lane Cobb, 

21  Marie Colvin, The Honorable Ann C. Crowell, 

22  Norma Cummings, Ida D'Angelo, Deirdre 

23  DeAngelis-D'Alessio,  Mary Elizabeth Delli-Pizzi, 

24  Toni DeMeo, Colleen C. DiPirro, Elizabeth A. 

25  Einstein, Hilda Rosario Escher, Sonia Valentin 

                                                               2936

 1  Fernandez, Ivine Galarza, Marie Goldstein, 

 2  Ardeane Greene-Cook, Bernell K. Grier, 

 3  Colleen Hassett-Mastine, Kathleen Henderson, 

 4  Sister Yliana Hernandez, Virginia Houseknecht, 

 5  Carol Houwaart-Diez, Reverend Debra Jameson, 

 6  Roselyn A. Johnson, Catherine Kingsley, Deborah 

 7  Slaner Larkin, Sheila Lewandowski, Mary Lindsay, 

 8  Gaye Mallet, The Honorable Patricia D. Marks, 

 9  Susan K. McGiver, Zenaida Mendez, Carol Meschkow, 

10  Chandra S. Morgan, Major Jude B. Mulvey, 

11  Loraine O'Donnell, Siobhan O'Neill, Dilletta 

12  Pina, Dr. Jeanne S. Poindexter, Jean-Marie 

13  Posner, Jan Rebeor, Joanne Rosenberger, 

14  Ginny Salerno, Lisa Williams Schary, Reina 

15  Schiffrin, Lorraine Sciulli, Sue Susman, 

16  Victoria Thomas-Ramos, Alice Thorpe, 

17  Katharine Tomasi, Marolyn Piersma Wilson, and 

18  Denise Wright-Scott as 2012 New York State Senate 

19  Women of Distinction, to be celebrated on 

20  Tuesday, May 15, 2012, at the Annual Women of  

21  Distinction Awards Ceremony in The Well of the 

22  Legislative Office Building; and 

23               "WHEREAS, Women have become part of 

24  New York's lasting heritage by fighting against 

25  stereotypes, prejudice, and seemingly  

                                                               2937

 1  insurmountable obstacles; and 

 2               "WHEREAS, From the women's suffrage 

 3  movement just over 150 years ago to the present 

 4  day, women have played and continue to play a 

 5  crucial role in adding strength, understanding, 

 6  and inspiration to the diversity and quality of 

 7  life of the people of the State of New York; and   

 8               "WHEREAS, New York State has been, 

 9  and continues to be, the home to many 

10  distinguished women who have made their mark in 

11  history as pioneers in their field, therefore 

12  laying the foundation for women after them to 

13  succeed; and  

14               "WHEREAS, This Legislative Body 

15  recognizes that New York State is the home to 

16  countless women who are strong and colorful 

17  threads vital to the fabric of our rich heritage, 

18  who have contributed and continue to add to the 

19  advancement of our culture through their 

20  traditional and non-traditional roles in society; 

21  now, therefore, be it 

22               "RESOLVED, That this Legislative 

23  Body pause in its deliberations to congratulate 

24  the 2012 New York State Senate Women of 

25  Distinction; and be it further 

                                                               2938

 1               "RESOLVED, That copies of this 

 2  resolution, suitably engrossed, be transmitted to 

 3  the aforementioned Women of Distinction."

 4               ACTING PRESIDENT LITTLE:   Thank 

 5  you.  

 6               Senator Young.

 7               SENATOR YOUNG:   Thank you, 

 8  Madam President.  

 9               It is with great pride that we 

10  offer this resolution to honor these very strong 

11  and accomplished women through Women of 

12  Distinction.

13               The Women of Distinction program is 

14  part of our annual salute to Women's History 

15  Month.  And we work at this to specifically 

16  highlight the accomplishments of women who 

17  continue to make history every single day by 

18  providing inspiration and encouragement to the 

19  people of our great state.

20               This event provides us with the 

21  opportunity to recognize the enormous 

22  contributions that these women make in our 

23  communities.  Women from all walks of life have 

24  been nominated by friends and coworkers and 

25  neighborhood leaders to pay tribute to their 

                                                               2939

 1  outstanding work on behalf of their communities, 

 2  making them deserving of this special 

 3  designation.  These women are a select few who 

 4  stand apart because of their hard work to make 

 5  New York State a better place.

 6               The Senate has been very fortunate 

 7  over the years to honor women who have excelled 

 8  in both traditional and nontraditional roles.  

 9  They have succeeded in the worlds of business, 

10  academics, civic life, performed heroic acts or 

11  selfless acts, made significant discoveries, or 

12  persevered with excellence against very difficult 

13  odds.  

14               The Women of Distinction chosen by 

15  my colleagues and I this year have exhibited 

16  those achievements to the very fullest.  Their 

17  professional, academic, or personal success and 

18  commitment to excellence deserves special 

19  acknowledgment.

20               Each woman who we celebrate today 

21  is continuing a tradition of defining and opening 

22  doors of opportunity for our future generations.  

23  And so we are forever grateful to all of you for 

24  the impact that you have continued to have on our 

25  communities and for the legacy that you leave.  

                                                               2940

 1  And you truly are an example for people 

 2  everywhere.  So congratulations.  

 3               We have our ceremony later this 

 4  afternoon, and we welcome you here to Albany.  I 

 5  know that several of are you in the gallery 

 6  today.  And I look forward to the actual ceremony 

 7  later.

 8               Thank you so much for all that you 

 9  do.

10               (Applause.)

11               ACTING PRESIDENT LITTLE:   Thank 

12  you, Senator Young.

13               Senator Hassell-Thompson.

14               SENATOR HASSELL-THOMPSON:   Thank 

15  you, Madam President.  

16               I too rise today to share with my 

17  colleague Senator Young our gratitude for the 

18  time that this body takes to identify and to 

19  recognize the Women of Distinction.  

20               I always look forward to this great 

21  event.  And it's great not only to hear the 

22  inspiring stories but to meet the various women 

23  who are making a difference around the state.  

24  And what we are doing today is very important, 

25  because women have continued -- have been doing 

                                                               2941

 1  so and will continue to make a great difference.  

 2               But I think it's important that we 

 3  understand that as we honor those who make 

 4  sacrifices and dedicate their lives to our state, 

 5  that we must do this every day.  

 6               Women have been at the forefront of 

 7  leading social change, whether it be Susan B.  

 8  Anthony leading the women's suffragette movement; 

 9  Constance Baker Motley, a civil rights 

10  trailblazer; Shirley Chisholm, from Brooklyn, the 

11  first woman ever to run for President of the 

12  United States; or Justice Sonia Sotomayor, who 

13  hails from the Bronx.  All of these are women who 

14  have made an outstanding contribution to the 

15  growth and progress of our state.

16               And what they do is to demonstrate 

17  to women who are coming behind them that anything 

18  that they wish to do, it is possible; all they 

19  have to do is want to and work toward it.

20               Just today, my colleague Senator 

21  Liz Krueger held an event to discuss the many 

22  economic issues that face women today.  And so we 

23  must not rest until every woman understands and 

24  achieves true equality.  

25               I know that the women that we are 

                                                               2942

 1  honoring today are true inspirations to the next 

 2  generation.  And as Secretary of State Hillary 

 3  Clinton once remarked, "There are no acceptable 

 4  limits and there are acceptable prejudices in the 

 5  21st century."

 6               So, Madam President, I say 

 7  congratulations to all who we are honoring and to 

 8  all who have identified and have recognized 

 9  distinguished women from their districts that 

10  we're honoring today.

11               Thank you, Madam President.

12               ACTING PRESIDENT LITTLE:   Thank 

13  you, Senator Hassell-Thompson.

14               The question is on the resolution.  

15  All in favor signify by saying aye.

16               (Response of "Aye.")

17               ACTING PRESIDENT LITTLE:   Opposed, 

18  nay.

19               (No response.)

20               ACTING PRESIDENT LITTLE:   The 

21  resolution is adopted. 

22               Senator LaValle.

23               SENATOR LaVALLE:   Yes.  

24  Madam President, would you open up the resolution 

25  for sponsorship.

                                                               2943

 1               ACTING PRESIDENT LITTLE:   Yes.  

 2  The resolution has been opened for sponsorship.  

 3  Anyone who does not care to be on the resolution, 

 4  please signify to the desk.  Thank you.

 5               Let's recognize, please, our Women 

 6  of Distinction who are in the gallery today in 

 7  different spots.  But we congratulate them, and 

 8  they truly are Women of Distinction.  

 9               We thank you for all that you're 

10  doing in your community and for our state, and we 

11  thank you for being here today.  Congratulations.

12               (Standing ovation.)

13               ACTING PRESIDENT LITTLE:   Thank 

14  you.

15               Senator LaValle.

16               SENATOR LaVALLE:   Madam President, 

17  there is a resolution at the desk by 

18  Senator DeFrancisco, Number 4421.  It was 

19  previously adopted by this house on May 8th.  May 

20  we have the title read and call on Senator 

21  DeFrancisco.

22               ACTING PRESIDENT LITTLE:   Thank 

23  you.  

24               The Secretary will read.

25               THE SECRETARY:   Legislative 

                                                               2944

 1  Resolution Number 4421, by Senator DeFrancisco, 

 2  honoring James Werbeck upon the occasion of his 

 3  designation as recipient of the 2012 New York 

 4  State Middle School Principal of the Year Award 

 5  by the School Administrators Association of 

 6  New York State.

 7               ACTING PRESIDENT LITTLE:   Senator 

 8  DeFrancisco.

 9               SENATOR DeFRANCISCO:   Thank you, 

10  Madam President.

11               We also have a man of distinction 

12  here today, with his woman of distinction, his 

13  wife, Susie.  They're in the chambers on the 

14  floor here.  

15               Yesterday we had a resolution 

16  honoring someone from my Senate district for 

17  receiving an award that only five other teachers 

18  have received throughout the United States of 

19  America, and last year he was the Teacher of the 

20  Year for New York State.

21               Today, we have the Administrator of 

22  the Year for New York State, and that's James 

23  Werbeck.  And he's principal of the middle school 

24  in Solvay, New York, also in my district.  

25               There's a common thread about these 

                                                               2945

 1  winners or these successful people, and that is 

 2  that many of them -- not all of them, mind you, 

 3  but many of them are from Central New York.  

 4               And this was one wonderful award 

 5  for a phenomenal administrator who has other 

 6  interests that he's been involved with, including 

 7  creating the school district's first response to 

 8  intervention team in that district, and also 

 9  implementing the positive behavioral intervention 

10  system program.  He's not only doing that, but 

11  he's also facilitated some of the capital 

12  building projects.  

13               So it's an all-around individual 

14  who has children in mind.  And he's an 

15  administrator that we all should be proud of, the 

16  2012 Junior High School Administrator of the Year 

17  Award to James Werbeck.  

18               Mr. Werbeck, congratulations.

19               (Applause.)

20               ACTING PRESIDENT LITTLE:   Thank 

21  you.  This resolution was previously adopted on 

22  May 8th.  

23               And we congratulate our winner, 

24  Administrator of the Year.  Thank you for being 

25  here today.

                                                               2946

 1               Senator LaValle.

 2               SENATOR LaVALLE:   Thank you, 

 3  Madam President.  

 4               There's a resolution at the desk by 

 5  myself, Resolution Number 4463.  It was 

 6  previously adopted by this house on May the 8th.  

 7  I am asking that the resolution be read in its 

 8  entirety.

 9               ACTING PRESIDENT LITTLE:   The 

10  Secretary will read.

11               THE SECRETARY:   Legislative 

12  Resolution Number 4463, by Senator LaValle, 

13  honoring and recognizing the heroism and 

14  commitment of local volunteer firefighters in 

15  fighting the wildfires in the Towns of Ridge and 

16  Manorville, New York, in April 2012.  

17               "WHEREAS, It is the sense of this 

18  Legislative Body to recognize and honor those 

19  distinguished citizens who would volunteer to 

20  devote themselves to public service, 

21  demonstrating great courage and diligence in  

22  providing for the care and welfare of the 

23  citizens of their communities and this great 

24  Empire State; and 

25               "WHEREAS, Within every community of 

                                                               2947

 1  the State of New York there are certain  

 2  individuals who, by virtue of their commitment 

 3  and dedication, command the respect and 

 4  admiration of their community for their exemplary 

 5  contributions and service on behalf of others; 

 6  and 

 7               "WHEREAS, This Legislative Body is 

 8  justly proud to honor and recognize the heroism 

 9  and commitment of local volunteer firefighters  

10  in fighting the wildfires in the Towns of Ridge 

11  and Manorville, New York, in April 2012; and 

12               "WHEREAS, Our unsung heroes, the 

13  volunteer firefighters of New York State, are 

14  everyday committed men and women who leave their 

15  families and jobs at a moment's notice and run 

16  fearlessly into the face of fire to keep our 

17  communities safe and protect their neighbors.  

18  They are renowned throughout the nation.  Their 

19  reputation is synonymous with excellence in the 

20  arduous field of fire protection and prevention; 

21  and 

22               "WHEREAS, In April 2012, raging 

23  wildfires in the area encompassing the Towns of 

24  Ridge and Manorville, New York, affected over 

25  1,124 acres, making the fire among the 10 largest 

                                                               2948

 1  fires in New York State since 1975; and   

 2               "WHEREAS, Working under very 

 3  difficult and dangerous conditions, approximately 

 4  200 firefighters from about 35 local area fire 

 5  departments battled the April 2012 wildfires in 

 6  Ridge and Manorville, New York, with 20 brush 

 7  trucks, 10 tankers and 10 engines; and 

 8               "WHEREAS, Volunteer firefighters 

 9  and fire departments not only provide the 

10  critical service of fire protection but also 

11  engage in other activities of great benefit and 

12  importance to the communities they serve; and 

13               "WHEREAS, It is the sense of this  

14  Legislative Body that those dedicated public 

15  servants who unselfishly devote their lives to 

16  the preservation of order and the protection of 

17  others are worthy and due full praise for their 

18  commitment and noble endeavors; and 

19               "WHEREAS, It takes a special 

20  dedication, a strong desire to help others, and a 

21  tireless sense of community to forsake precious  

22  time with family and friends to respond to the 

23  signal that a neighbor is in need.  Those 

24  volunteers who heroically responded to the 

25  wildfires in the Towns of Ridge and Manorville, 

                                                               2949

 1  New York in April 2012 are such firefighters; 

 2  now, therefore, be it 

 3               "RESOLVED, That this Legislative 

 4  Body pause in its deliberations to honor and 

 5  recognize the heroism and commitment of local 

 6  volunteer firefighters in fighting the wildfires 

 7  in the Towns of Ridge and Manorville, New York, 

 8  in April 2012; and be it further 

 9               "RESOLVED, That copies of this  

10  Resolution, suitably engrossed, be transmitted to 

11  the aforementioned volunteer firefighters."

12               ACTING PRESIDENT LITTLE:   Thank 

13  you.

14               Senator LaValle.

15               SENATOR LaVALLE:   Thank you, 

16  Madam President.  

17               I rise to thank all of the 

18  volunteer firefighters, and especially those who 

19  fought a very large wildfire in my district this 

20  past April, several of whom are here with us 

21  today and watching the proceeding from the 

22  gallery.

23               The fire districts of Manorville 

24  and Ridge were the primary districts responsible 

25  for the wildfire that started in their areas, but 

                                                               2950

 1  they were joined by fire districts, departments 

 2  from both Suffolk and neighboring Nassau County.  

 3  It is a testament to the training that these 

 4  firefighters, volunteer firefighters undergo, 

 5  because they did yeoman's work over many, many 

 6  hours over two, three days in fighting the fires.

 7               I'd like to relay one of the 

 8  firefighter's stories as he battled the raging 

 9  flames.  

10               Bill Hille had been clutching two 

11  hoses as he stood on the back of a brush truck, 

12  when suddenly the wind changed direction.  A 

13  sudden gust of wind thrust the flames into his 

14  face and forced him and two others to jump 

15  through a wall of fire.  At the time, he said, 

16  "It just engulfed us."  

17               The fire was on the driver's side 

18  of the truck, and then it just encircled the 

19  truck and he could hear two bangs.  It was the 

20  tires exploding.  And it just took that truck, 

21  brush truck, out of service.

22               Bill had to be taken to Stony Brook 

23  Hospital, to the Burn Center.  And that center 

24  exists because of our volunteer fire service 

25  demanding that it be included in the hospital and 

                                                               2951

 1  making sure that it is funded, and making 

 2  contributions.  All of our volunteer fire 

 3  districts, fire departments, make contributions.

 4               So I thank all of the departments 

 5  in Suffolk and certainly in our neighboring 

 6  County of Nassau.  You know, we're -- everyone 

 7  thinks of Long Island, but, you know, when one 

 8  county has a problem, the other is there to back 

 9  them up.

10               I would like to open the 

11  resolution, Madam President, for sponsorship.

12               ACTING PRESIDENT LITTLE:   Thank 

13  you, Senator LaValle.

14               Senator Fuschillo.

15               SENATOR FUSCHILLO:   Madam 

16  President, I just rise to thank Senator LaValle 

17  for bringing this resolution to the floor.

18               What's happening here today with 

19  Senator LaValle's resolution recognizing the fire 

20  departments in his district and throughout Nassau 

21  and Suffolk County is something that should 

22  happen every single day, where we should thank 

23  the men and women of the volunteer fire 

24  departments in Nassau and Suffolk County, and 

25  they're here today.  

                                                               2952

 1               Just to say thanks, because you are 

 2  volunteers.  You're not paid.  You have dedicated 

 3  and committed your life to helping other people 

 4  in need.  And as Senator LaValle said, without 

 5  any confusion.  Because sometimes we debate 

 6  political issues here and we're separated on 

 7  other sides of the aisles.  There's no politics.  

 8  They're not Republican, they don't ask if they're 

 9  Republican or Democrat, where they're from.  When 

10  there's a problem, you go in and you save 

11  somebody's life.  

12               I just wanted to rise, Madam 

13  President, and support this resolution and say 

14  thanks to all the volunteer fire departments on 

15  Long Island -- thank you very much for your 

16  service -- and throughout New York State.

17               ACTING PRESIDENT LITTLE:   Thank 

18  you, Senator Fuschillo.

19               This resolution was adopted May 8th 

20  in this body.  

21               But it's an honor for all of our 

22  Senators here today to recognize your efforts.  

23  The size and scope of that fire was something 

24  that was in all the newspapers throughout 

25  New York State.  And the possibilities that if 

                                                               2953

 1  that had gotten out of control were enormous.  

 2               So we thank you for your 

 3  dedication, for your bravery.  And as was said, 

 4  we really thank you and all of our volunteer 

 5  firemen.  So congratulations.  But thank you 

 6  very, very much for being here today.  

 7               (Standing ovation.)

 8               ACTING PRESIDENT LITTLE:   The 

 9  resolution is open to all Senators.  If you 

10  choose not to be on it, please signify to the 

11  desk.

12               Senator LaValle.

13               SENATOR LaVALLE:   Madam President, 

14  I believe there's a resolution by Senator Zeldin 

15  at the desk, Resolution Number 4658.  I ask that 

16  the title be read and ask for its immediate 

17  adoption.

18               ACTING PRESIDENT LITTLE:   Thank 

19  you.  

20               The Secretary will read.

21               THE SECRETARY:   Legislative 

22  Resolution Number 4658, by Senator Zeldin, 

23  honoring Anthony Nunziata upon the occasion of 

24  his designation as Brookhaven Fire Department's 

25  2012 Fireman of the Year.

                                                               2954

 1               ACTING PRESIDENT LITTLE:   Senator 

 2  Zeldin.

 3               SENATOR ZELDIN:   I'm honored to 

 4  take an opportunity to recognize a real hero, 

 5  Firefighter Anthony Nunziata, who in 2011 saved 

 6  multiple lives on two separate occasions.  He was 

 7  named as Brookhaven Fire Department's Firefighter 

 8  of the Year for 2012.  

 9               Since 1988, Anthony has worked at 

10  Clare Rose, which is a Long Island-based 

11  distribution company.  In September 2011 there 

12  was a horrible accident involving one of 

13  Anthony's coworkers.  And Anthony, with all of 

14  his training, responded to help save this 

15  coworker's life.  

16               But it didn't stop there.  Two 

17  months later, Anthony was with another coworker 

18  and he came across a motor vehicle accident.  And 

19  there was a 9,000-gallon tanker truck filled with 

20  a gasoline, and a minivan that was filled with 

21  nine people in it.  And Anthony and his coworker 

22  responded and very bravely saved the lives of 

23  many people that were involved in that terrible 

24  accident.  

25               He's here today with wife, Barbara, 

                                                               2955

 1  Ken Meyer from Clare Rose, and many of his proud 

 2  fellow firefighters.  He has two daughters, 

 3  Cassandra, age 13, and Brittney, age 18.  

 4               Few of us ever have the opportunity 

 5  to save another person's life.  In the span of 

 6  less than two months, Anthony acted twice to save 

 7  the lives of almost a dozen people.  

 8               He's here with us today.  Anthony, 

 9  I want to take this opportunity to publicly thank 

10  you for your bravery, your public service, and 

11  your heroism.

12               (Standing ovation.)

13               ACTING PRESIDENT LITTLE:   Thank 

14  you, Senator Zeldin.  

15               And thank you for being here 

16  today.  We're honored to be in your presence.  

17  Thank you.

18               The question is on the resolution. 

19  All in favor signify by saying aye.

20               (Response of "Aye.")

21               ACTING PRESIDENT LITTLE:   Opposed, 

22  nay.

23               (No response.)

24               ACTING PRESIDENT LITTLE:   The 

25  resolution is adopted.

                                                               2956

 1               Senator Libous.

 2               SENATOR LIBOUS:   Madam President, 

 3  could we open this resolution up.  So if any 

 4  member doesn't want to be on it, they should let 

 5  the desk know.

 6               ACTING PRESIDENT LITTLE:   Thank 

 7  you.  The resolution is open to all Senators.  

 8  Please signify if you choose not to be on it.

 9               Thank you.

10               SENATOR LIBOUS:   Madam President, 

11  I believe there's a resolution at the desk by 

12  Senator Squadron, Number 4637.  Could the title 

13  please be read and then I would call on Senator 

14  Squadron.

15               ACTING PRESIDENT LITTLE:   Thank 

16  you.  

17               The Secretary will read.

18               THE SECRETARY:   Legislative 

19  Resolution Number 4637, by Senator Squadron, 

20  mourning the death of famed rapper and activist 

21  Adam "MCA" Yauch.

22               ACTING PRESIDENT LITTLE:   Thank 

23  you.  

24               Senator Squadron.

25               SENATOR SQUADRON:   Thank you, 

                                                               2957

 1  Madam President.

 2               Madam President, Adam Yauch, better 

 3  known to music fans around the world as MCA of 

 4  the Beastie Boys, passed away this month at the 

 5  age of 47 years old.  

 6               He was born and raised in Brooklyn, 

 7  in my district, in Brooklyn Heights, attended 

 8  Murrow High School in Brooklyn, and began his 

 9  music career, as so many folks did at that time 

10  in the late '70s and early '80s, in the Lower 

11  East Side of Manhattan, in music clubs and the 

12  underground music scene there.  

13               Of course, the Beastie Boys, Adam 

14  Yauch and Adam Horovitz and Mike Diamond, went a 

15  long way from there and became world-famous, 

16  putting out the first hip-hop album to top the 

17  Billboard charts, putting out albums that changed 

18  the face of hip-hop and music for decades, but 

19  also really rose above an early immature start in 

20  some ways to be an activist for good, deeply 

21  involved in humanist issues locally and around 

22  the world in highlighting abuses in Tibet and 

23  against Tibetans, and really trying be a voice 

24  for a positive influence across the nation and 

25  across the world.

                                                               2958

 1               For many people in my generation, 

 2  the passing of Adam Yauch and of MCA was, because 

 3  of its untimely nature and because of the 

 4  influence that the Beastie Boys had, truly 

 5  shocking and saddening.  

 6               I think that his career and the 

 7  evolution of the Beastie Boys is so 

 8  representative of something that happened in 

 9  New York -- a New York City kid, born in 

10  Brooklyn, going to public schools, heading down 

11  into Manhattan on weekends and weeknights, trying 

12  to change the face of music, popularize a type of 

13  music that most people in those days hadn't heard 

14  of -- was so emblematic of New York in the early 

15  '80s.  And their development, their popularity 

16  and expansion into looking into humanist and 

17  other important causes beyond their music over 

18  time.

19               So it is with great sadness that we 

20  mourn Adam Yauch and honor his life, his 

21  contributions to music, and his contributions to 

22  the world as an activist and an organizer for 

23  good.  

24               He is survived by his wife and 

25  daughter, and our hearts go out to them.  We're 

                                                               2959

 1  very grateful, from Brooklyn Heights to the Lower 

 2  East Side.  And whatever happens in the future, 

 3  we know that Adam Yauch and the Beastie Boys 

 4  can't, won't, and don't stop.

 5               Thank you, Madam President.

 6               ACTING PRESIDENT LITTLE:   Thank 

 7  you, Senator Squadron.

 8               The question is on the resolution. 

 9  All in favor signify by saying aye.

10               (Response of "Aye.")

11               ACTING PRESIDENT LITTLE:   Opposed, 

12  nay.

13               (No response.)

14               ACTING PRESIDENT LITTLE:   The 

15  resolution is adopted.  

16               And we extend our sympathy to the 

17  Yauch family.  Thank you.

18               Senator Libous.

19               SENATOR LIBOUS:   Madam President, 

20  there is a resolution at the desk by Senator 

21  Krueger, Number 4557.  Could we have the title 

22  read and could you please call on Senator Krueger 

23  before its adoption.

24               ACTING PRESIDENT LITTLE:   The 

25  Secretary will read.

                                                               2960

 1               THE SECRETARY:   Legislative 

 2  Resolution Number 4557, by Senator Krueger, 

 3  celebrating the 89th Anniversary of Amelia Mary 

 4  Earhart becoming the 16th woman to be issued a 

 5  pilot's license by the International Aeronautical 

 6  Federation, to be observed on May 15, 2012.

 7               ACTING PRESIDENT LITTLE:   Thank 

 8  you.  

 9               Senator Krueger.

10               SENATOR KRUEGER:   Thank you, 

11  Madam President.  

12               I rise briefly to remind this house 

13  of the importance of a fascinating woman of 

14  history on this day of Women of Distinction where 

15  we are honoring, a little later this afternoon, 

16  so many wonderful women who are still alive and 

17  with us, but also to remember, in Women's History 

18  Month, the women that stood before us and whose 

19  shoulders we stand on.  

20               Amelia Earhart is perhaps best 

21  known as the first major woman pilot who was lost 

22  at sea, breaking barriers and breaking records 

23  for her flights.  But she was also a woman who 

24  was very strongly a believer in equal rights for 

25  women, equal rights to fair employment, equal 

                                                               2961

 1  rights to be able to do jobs that men do.  She 

 2  was a supporter of the National Woman's Party, a 

 3  friend of Eleanor Roosevelt, and an early 

 4  supporter of the Equal Rights Amendment.

 5               So in 2012, in New York, in Women's 

 6  History Month, on the day we celebrate existing 

 7  live Women of Distinction, I think it's important 

 8  to remember the lessons of a woman like Amelia 

 9  Earhart, who fought so early and so bravely for 

10  all of us on issues we are still fighting for 

11  today.  

12               Earlier today the Senate held a 

13  roundtable on issues for women in the workforce, 

14  where we discussed the fact that women still only 

15  earn 73 to 75 cents on the dollar compared to men 

16  in the same types of jobs.  We learned that there 

17  is no right to equal pay based on gender in the 

18  State of New York.  We learned that we are still, 

19  in the State of New York, in this country of the 

20  United States, one of only three major nations in 

21  the world who do not have some kind of paid 

22  family-leave options.  We have so far to go.

23               So on this great day where we 

24  remember the history of important women and we 

25  honor a generation of Women of Distinction, 

                                                               2962

 1  please let this chamber not forget we have not 

 2  completed our assignment as legislators in the 

 3  great State of New York.  We have much to do to 

 4  ensure equal rights and equal protections for 

 5  women in our own state in this time.

 6               Thank you, Madam President.

 7               ACTING PRESIDENT LITTLE:   Thank 

 8  you, Senator Krueger.

 9               And thank you for this resolution 

10  on Amelia Earhart.  I recall many years ago as a 

11  seventh-grader reading this biography and being 

12  very impressed with her.  

13               The question is on the resolution. 

14  All in favor signify by saying aye.

15               (Response of "Aye.")

16               ACTING PRESIDENT LITTLE:   Opposed, 

17  nay.

18               (No response.)

19               ACTING PRESIDENT LITTLE:   The 

20  resolution is adopted.

21               Senator Libous.

22               SENATOR LIBOUS:   Madam President, 

23  Senator Krueger has requested that all members to 

24  go on the resolution.  And as our policy is, as 

25  always, if you wish not to be on the resolution, 

                                                               2963

 1  let the desk know.

 2               ACTING PRESIDENT LITTLE:   Thank 

 3  you.  The resolution is open to all members of 

 4  the Senate.  Thank you.

 5               Senator Libous.

 6               SENATOR LIBOUS:   Madam President, 

 7  since we are on motions, I have something by 

 8  Senator Robach.  I wish to call up his bill, 

 9  Print Number 6341A, recalled from the Assembly, 

10  which is now at the desk.

11               ACTING PRESIDENT LITTLE:   The 

12  Secretary will read.

13               THE SECRETARY:   Calendar Number 

14  700, by Senator Robach, Senate Print 6341A, an 

15  act to amend the Alcoholic Beverage Control Law.

16               SENATOR LIBOUS:   Madam President, 

17  I now move to reconsider the vote by which this 

18  bill was passed.

19               ACTING PRESIDENT LITTLE:   The 

20  Secretary will call the roll on reconsideration 

21  of the vote.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 60.

24               ACTING PRESIDENT LITTLE:   Senator 

25  Libous.

                                                               2964

 1               SENATOR LIBOUS:   Thank you, 

 2  Madam President.  I now offer the following 

 3  amendments.

 4               ACTING PRESIDENT LITTLE:   The 

 5  amendments are received.

 6               SENATOR LIBOUS:   Thank you.

 7               Madam President, at this time 

 8  there's an immediate meeting of the Rules 

 9  Committee in Room 332.  

10               I would ask members, as quickly as 

11  the members of the Rules Committee can get to the 

12  meeting, we'll have the meeting and come right 

13  back to the floor so that we can reconvene.

14               ACTING PRESIDENT LITTLE:   There 

15  will be an immediate meeting of the 

16  Rules Committee in Room 332.

17               The Senate will stand at ease.

18               (Whereupon, the Senate stood at ease 

19  at 4:12 p.m.)

20               (Whereupon, the Senate reconvened at 

21  4:39 p.m.)

22               SENATOR LIBOUS:   Madam President.

23               ACTING PRESIDENT LITTLE:   Senator 

24  Libous.

25               SENATOR LIBOUS:   May we return to 

                                                               2965

 1  reports of standing committees.  I believe 

 2  there's a report of the Rules Committee at the 

 3  desk.

 4               ACTING PRESIDENT LITTLE:   The 

 5  Secretary will read.

 6               THE SECRETARY:   Senator Skelos, 

 7  from the Committee on Rules, reports the 

 8  following bills:  

 9               Senate Print 6374, by Senator 

10  Montgomery, an act in relation to allowing; 

11               Senate Print 7400, by Senator 

12  McDonald, an act to amend the Executive Law; 

13               Senate Print 7407, by Senator 

14  Golden, an act to amend the Penal Law; and 

15               Senate Print 7418, by Senator 

16  O'Mara, an act in relation to the date of primary 

17  elections.

18               All bills reported directly to 

19  third reading.

20               ACTING PRESIDENT LITTLE:   Senator 

21  Libous.

22               SENATOR LIBOUS:   Madam President, 

23  thank you.  I move to accept the report of the 

24  Rules Committee.

25               ACTING PRESIDENT LITTLE:   All in 

                                                               2966

 1  favor of accepting the report of the Rules 

 2  Committee signify by saying aye.

 3               (Response of "Aye.")

 4               ACTING PRESIDENT LITTLE:   Opposed, 

 5  nay.

 6               (No response.)

 7               ACTING PRESIDENT LITTLE:   The 

 8  report is accepted.

 9               Senator Libous.

10               SENATOR LIBOUS:   At this time 

11  we'll have the noncontroversial reading of the 

12  active list, please.

13               ACTING PRESIDENT LITTLE:   Thank 

14  you.  The Secretary will read.

15               THE SECRETARY:   Calendar Number 

16  524, substituted earlier today by Member of the 

17  Assembly Jaffee, Assembly Print 669C, an act to 

18  amend the Public Health Law.

19               ACTING PRESIDENT LITTLE:   Read the 

20  last section.

21               THE SECRETARY:   Section 3.  This 

22  act shall take effect on the 180th day.

23               ACTING PRESIDENT LITTLE:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               2967

 1               THE SECRETARY:   Ayes, 60.

 2               ACTING PRESIDENT LITTLE:   The bill 

 3  is passed.

 4               THE SECRETARY:   Calendar Number 

 5  707, by Senator Saland, Senate Print 4436A, an 

 6  act to amend the Penal Law.

 7               ACTING PRESIDENT LITTLE:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 2.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT LITTLE:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               ACTING PRESIDENT LITTLE:   Announce 

15  the results.

16               THE SECRETARY:   Ayes, 57.  Nays, 

17  3.  Senators Duane, Montgomery, and Perkins 

18  recorded in the negative.

19               ACTING PRESIDENT LITTLE:   The bill 

20  is passed.

21               THE SECRETARY:   Calendar Number 

22  719, by Senator Golden, Senate Print 2163, an act 

23  to establish.

24               ACTING PRESIDENT LITTLE:   Read the 

25  last section.

                                                               2968

 1               THE SECRETARY:   Section 8.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT LITTLE:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               ACTING PRESIDENT LITTLE:   Announce 

 7  the results.

 8               THE SECRETARY:   Ayes, 60.

 9               ACTING PRESIDENT LITTLE:   The bill 

10  is passed.

11               Senator Golden to explain his vote.

12               SENATOR GOLDEN:   To explain my 

13  vote.

14               I want to thank the conference and 

15  all those that will vote for this bill, and 

16  hopefully the Assembly will pass this bill as 

17  well and the Governor will go on to sign it.  

18               Over 1300 children are killed in 

19  this country each and every year, and 80,000 just 

20  here in the State of New York are maltreated.  It 

21  is $2.4 billion that we as a state spend on costs 

22  of incarceration, on court costs and foster care, 

23  and only $30 million do we spend on prevention.  

24               I think this commission is long 

25  overdue.  I think the approach of putting some 

                                                               2969

 1  money in the front end, in the prevention area, 

 2  could turn around and help us go in there and 

 3  save a lot of children from this abuse that we 

 4  see going on here in the State of New York.  

 5               I vote aye, and I thank my 

 6  colleagues who are voting for this bill as well.

 7               ACTING PRESIDENT LITTLE:   Thank 

 8  you, Senator Golden.  

 9               The Secretary will announce the 

10  results.

11               THE SECRETARY:   Ayes, 60.

12               ACTING PRESIDENT LITTLE:   The bill 

13  is passed.

14               THE SECRETARY:   Calendar Number 

15  722, by Senator Ball, Senate Print 2423, an act 

16  to amend the Executive Law.

17               ACTING PRESIDENT LITTLE:   Read the 

18  last section.

19               THE SECRETARY:   Section 2.  This 

20  act shall take effect immediately.

21               ACTING PRESIDENT LITTLE:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               ACTING PRESIDENT LITTLE:   Announce 

25  the results.

                                                               2970

 1               THE SECRETARY:   Ayes, 60.

 2               ACTING PRESIDENT LITTLE:   The bill 

 3  is passed.

 4               THE SECRETARY:   Calendar Number 

 5  725, by Senator Martins, Senate Print 3778D, an 

 6  act to amend the Public Authorities Law.

 7               ACTING PRESIDENT LITTLE:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 2.  This 

10  act shall take effect on the 30th day.

11               ACTING PRESIDENT LITTLE:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               ACTING PRESIDENT LITTLE:   Announce 

15  the results.

16               THE SECRETARY:   Ayes, 60.

17               ACTING PRESIDENT LITTLE:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

20  726, by Senator Griffo, Senate Print 3880B, an 

21  act to amend the Education Law.

22               ACTING PRESIDENT LITTLE:   Read the 

23  last section.

24               THE SECRETARY:   Section 2.  This 

25  act shall take effect July 1, 2014.

                                                               2971

 1               ACTING PRESIDENT LITTLE:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               ACTING PRESIDENT LITTLE:   Announce 

 5  the results.

 6               THE SECRETARY:   Ayes, 60.

 7               ACTING PRESIDENT LITTLE:   The bill 

 8  is passed.

 9               THE SECRETARY:   Calendar Number 

10  730, by Senator Ritchie, Senate Print 4728A, an 

11  act to amend the Tax Law.

12               ACTING PRESIDENT LITTLE:   Read the 

13  last section.

14               THE SECRETARY:   Section 2.  This 

15  act shall take effect on the same date and in the 

16  same manner as Section 3 of Chapter 583 of the 

17  Laws of 2011.

18               ACTING PRESIDENT LITTLE:   Call the 

19  roll.

20               (The Secretary called the roll.)

21               ACTING PRESIDENT LITTLE:   Announce 

22  the results.

23               THE SECRETARY:   Ayes, 59.  Nays, 

24  1.  Senator Duane recorded in the negative.

25               ACTING PRESIDENT LITTLE:   The bill 

                                                               2972

 1  is passed.

 2               THE SECRETARY:   Calendar Number 

 3  731, by Senator Young, Senate Print 4943, an act 

 4  to amend the Tax Law.

 5               ACTING PRESIDENT LITTLE:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect immediately.

 9               ACTING PRESIDENT LITTLE:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               ACTING PRESIDENT LITTLE:   Announce 

13  the results.

14               THE SECRETARY:   In relation to 

15  Calendar Number 731, those recorded in the 

16  negative are Senators Duane, Hassell-Thompson, 

17  Krueger and Perkins.

18               Ayes, 56.  Nays, 4.

19               ACTING PRESIDENT LITTLE:   The bill 

20  is passed.

21               THE SECRETARY:   Calendar Number 

22  734, by Senator DeFrancisco, Senate Print 5671A, 

23  an act to amend the State Finance Law.

24               ACTING PRESIDENT LITTLE:   Read the 

25  last section.

                                                               2973

 1               THE SECRETARY:   Section 2.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT LITTLE:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               ACTING PRESIDENT LITTLE:   Announce 

 7  the results.

 8               THE SECRETARY:   Ayes, 60.

 9               ACTING PRESIDENT LITTLE:   The bill 

10  is passed.

11               THE SECRETARY:   Calendar Number 

12  736, by Senator Little, Senate Print 6718, an act 

13  to amend the Executive Law.

14               ACTING PRESIDENT LITTLE:   Read the 

15  last section.

16               THE SECRETARY:   Section 7.  This 

17  act shall take effect immediately.

18               ACTING PRESIDENT LITTLE:   Call the 

19  roll.

20               (The Secretary called the roll.)

21               ACTING PRESIDENT LITTLE:   Senator 

22  Oppenheimer, to explain your vote?  

23               SENATOR OPPENHEIMER:   Yes, I'd 

24  like to explain my vote, Madam President.

25               I'm going to be voting against 

                                                               2974

 1  this, because the Adirondack Council is concerned 

 2  about some things.  This is to expedite the 

 3  review process, and I understand that, and trying 

 4  to make clarification on timetables for 

 5  submitting and reviewing permits, and that's 

 6  good.  

 7               But I think there's a couple of 

 8  things that have to be addressed before -- maybe 

 9  it could be held for further work in committee.  

10  Because this bill would remove the 60-day 

11  expiration of a permit issued by the agency if it 

12  is not recorded with the county clerk's office.

13               Now, we believe that this would 

14  lead to -- says the Adirondack Council -- to a 

15  lot of confusion and speculation and additional 

16  costs for the state, since a permit will never be 

17  recorded.  And it can be pulled up at any time 

18  later on by someone seeking a different permit, 

19  and it can become very confusing.  And there is 

20  no charge for these permits, so it would probably 

21  end up being an additional burden on the state.

22               And additionally, landowners and 

23  real estate investors could seek free permits 

24  from the APA even if they have no intention of 

25  using them now, and simply holding them 

                                                               2975

 1  indefinitely when stronger regulations might be 

 2  in place and prohibit the type of development 

 3  that they're seeking.

 4               So this has certain problems 

 5  attached to it.  And I appreciate what the 

 6  Senator is trying to do.  But if this could be 

 7  held in committee, I think it would produce a 

 8  better bill and would need further work.

 9               So I'll be voting no because of the 

10  reasons I have just outlined.

11               ACTING PRESIDENT YOUNG:   Senator 

12  Oppenheimer will be recorded in the negative.

13               Senator Little to explain her 

14  vote.  

15               SENATOR LITTLE:   Thank you, 

16  Madam President.  

17               I really felt it was necessary to 

18  come down to explain this bill because I believe 

19  that there's a great misunderstanding.

20               The 60 days in the law said that 

21  you had to record the permit after it had been 

22  given in the county clerk's office.  That's all 

23  we're doing, is removing.

24               You cannot put a shovel in the 

25  ground until the permit is recorded.  Now, this 

                                                               2976

 1  means that you go for a permit to build a house, 

 2  you may then have to go get the financing for 

 3  that house after you have the permit.  You don't 

 4  always get that financing, in today's day and 

 5  age, in 60 days.  The law says if it's not 

 6  recorded in 60 days, the permit is no longer 

 7  expired.

 8               What we're trying to do, for the 

 9  purposes of someone not having to go back and get 

10  another permit, is to say that they have more 

11  than 60 days to record their permit in the county 

12  clerk's office.  And unless that permit is 

13  recorded in that office, you cannot begin 

14  construction of the building.

15               So I think it's quite a bit of 

16  misunderstanding here.  And I vote aye, and I 

17  really would hope that people would take some 

18  consideration into the real facts here and 

19  support this bill as well.

20               Thank you.

21               ACTING PRESIDENT YOUNG:   Thank 

22  you, Senator Little.  You will be recorded in the 

23  affirmative.

24               Announce the results.

25               THE SECRETARY:   In relation to 

                                                               2977

 1  Calendar Number 736, those recorded in the 

 2  negative are Senators Avella, Ball, 

 3  Hassell-Thompson, Oppenheimer, and Perkins.

 4               Ayes, 55.  Nays, 5.

 5               ACTING PRESIDENT YOUNG:   The bill 

 6  is passed.

 7               Senator Libous, that completes the 

 8  reading of the noncontroversial active list.  

 9               SENATOR LIBOUS:   Thank you, 

10  Madam President.

11               At this time we're going to take up 

12  Supplemental Calendar 44A, and I'm going to take 

13  up first the noncontroversial reading of Calendar 

14  Number 811.

15               ACTING PRESIDENT YOUNG:   Thank 

16  you, Senator Libous.

17               The Secretary will read.

18               THE SECRETARY:   Calendar Number 

19  811, by Senator Golden, Senate Print 7407, an act 

20  to amend the Penal Law.

21               ACTING PRESIDENT YOUNG:   Read the 

22  last section.

23               THE SECRETARY:   Section 3.  This 

24  act shall take effect immediately.

25               ACTING PRESIDENT YOUNG:   Call the 

                                                               2978

 1  roll.

 2               (The Secretary called the roll.)

 3               ACTING PRESIDENT YOUNG:   Senator 

 4  Golden to explain his vote.

 5               SENATOR GOLDEN:   Thank you, Madam 

 6  President.

 7               Again, I stand and rise to thank my 

 8  colleagues for voting for this legislation, and 

 9  hopefully in the Assembly, and that the Governor 

10  will sign this bill as quickly as possible.  

11               To find out that the Court of 

12  Appeals had ruled, on the People versus Kent, on 

13  an individual that had accessed a computer and 

14  had viewed child pornography 132 different times, 

15  and found not guilty by the Court of Appeals 

16  because the word "viewing" and "possession" are 

17  two different -- and mean a total difference with 

18  the courts when it came to what viewing is.

19               We have no law here that says that 

20  you cannot view child pornography.  The nation 

21  does.  This bill codifies that and gives us the 

22  ability to go along with the national law that is 

23  in this country that you cannot view child 

24  pornography.  The more child pornography is 

25  viewed, the more the need for more videos to be 

                                                               2979

 1  made.  The more videos that are made, the more 

 2  children that are victimized and abused each and 

 3  every year.  

 4               This is a great bill, and I tell my 

 5  colleagues and ask my colleagues that -- thank 

 6  you, and thank you, and I'll be voting yes, 

 7  Madam President.

 8               ACTING PRESIDENT YOUNG:   Thank 

 9  you, Senator Golden.  You will be recorded as a 

10  yes.

11               Announce the results.

12               THE SECRETARY:   In relation to 

13  Calendar Number 811, those recorded in the 

14  negative are Senators Duane, Montgomery, Parker 

15  and Perkins.

16               Ayes, 56.  Nays, 4.

17               ACTING PRESIDENT YOUNG:   The bill 

18  is passed.

19               Senator Libous.

20               SENATOR LIBOUS:   Madam President, 

21  if we could bring up, noncontroversial, Calendar 

22  Number 812 next.  And then if we can go to 809 

23  after that.

24               ACTING PRESIDENT YOUNG:   Thank 

25  you, Senator Libous.

                                                               2980

 1               The Secretary will read.

 2               THE SECRETARY:   Calendar Number 

 3  812, by Senator O'Mara, Senate Print 7418, an act 

 4  in relation to the date of primary elections.

 5               ACTING PRESIDENT YOUNG:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect immediately.

 9               ACTING PRESIDENT YOUNG:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               ACTING PRESIDENT YOUNG:   Announce 

13  the results.

14               THE SECRETARY:   Ayes, 60.

15               ACTING PRESIDENT YOUNG:   The bill 

16  is passed.

17               The Secretary will continue to 

18  read.

19               THE SECRETARY:   On page 1, Senator 

20  Montgomery moves to discharge, from the Committee 

21  on Civil Service and Pensions, Assembly Bill 

22  Number 9168 and substitute it for the identical 

23  Senate Bill Number 6374, Third Reading Calendar 

24  809.

25               ACTING PRESIDENT YOUNG:    

                                                               2981

 1  Substitution ordered.

 2               The Secretary will read.

 3               THE SECRETARY:   Calendar Number 

 4  809, by Member of the Assembly Millman, Assembly 

 5  Print Number 9168, an act in relation to 

 6  allowing.

 7               ACTING PRESIDENT YOUNG:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 2.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT YOUNG:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               ACTING PRESIDENT YOUNG:   Announce 

15  the results.

16               THE SECRETARY:   In relation to 

17  Calendar 809, those recorded in the negative are 

18  Senators Ball, Griffo, LaValle, Ranzenhofer, 

19  Robach, and Saland.  Also Senator Lanza.

20               Ayes, 53.  Nays, 7.

21               ACTING PRESIDENT YOUNG:   The bill 

22  is passed.

23               Senator Libous.

24               SENATOR LIBOUS:   Madam President, 

25  Calendar Number 810, if you could lay it aside 

                                                               2982

 1  for the day.

 2               ACTING PRESIDENT YOUNG:   Lay the 

 3  bill aside for the day.

 4               Senator Libous.  

 5               SENATOR LIBOUS:   Could we return 

 6  to motions, please.

 7               ACTING PRESIDENT YOUNG:   Motions 

 8  and resolutions.

 9               SENATOR LIBOUS:   Thank you, 

10  Madam President.  

11               On behalf of Senator DeFrancisco, 

12  I'd like to call up his bill, Print Number 2903B, 

13  which is recalled from the Assembly, which is now 

14  at the desk.

15               ACTING PRESIDENT YOUNG:   The 

16  Secretary will read.

17               THE SECRETARY:   Calendar Number 

18  138, by Senator DeFrancisco, Senate Print 2903B, 

19  an act to amend the Navigation Law.

20               SENATOR LIBOUS:   Madam President, 

21  I now move to reconsider the vote by which this 

22  bill was passed.

23               ACTING PRESIDENT YOUNG:   The 

24  Secretary will call the roll on reconsideration.

25               (The Secretary called the roll.)

                                                               2983

 1               THE SECRETARY:   Ayes, 60.

 2               SENATOR LIBOUS:   Madam President, 

 3  I offer up the following amendments.

 4               ACTING PRESIDENT YOUNG:   Thank 

 5  you, Senator Libous.  The amendments are 

 6  received.  

 7               SENATOR LIBOUS:   Madam President, 

 8  at this time is there any further business at the 

 9  desk?  

10               ACTING PRESIDENT YOUNG:   There is 

11  no further business before the desk, 

12  Senator Libous.

13               SENATOR LIBOUS:   Thank you.  There 

14  being no further business, I move that the Senate 

15  adjourn until Wednesday, May 16th, at 11:00 a.m.

16               ACTING PRESIDENT YOUNG:   On 

17  motion, the Senate stands adjourned until 

18  Wednesday, May 16th, at 11:00 a.m.

19               (Whereupon, at 4:56 p.m., the Senate 

20  adjourned.)

21

22

23

24

25