Regular Session - May 22, 2012

                                                                   3036

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 22, 2012

11                     3:26 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH A. GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  

                                                               3037

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

 2               ACTING PRESIDENT GRIFFO:   The 

 3  Senate will come to order.  

 4               I ask all present to please rise 

 5  and join with me as we recite the Pledge of 

 6  Allegiance to our Flag.

 7               (Whereupon, the assemblage 

 8  recited the Pledge of Allegiance to the Flag.)

 9               ACTING PRESIDENT GRIFFO:    

10  Today's invocation will be offered by the 

11  Reverend Mark Pierce, the pastor of the Lake 

12  and River Parish of the United Methodist 

13  Church in Cape Vincent.  

14               Pastor.  

15               REVEREND PIERCE:   Thank you.

16               Will you pray with me?  

17               Holy God, we are held in the 

18  curve of Your fingers, and Your eyes are fixed 

19  upon us.  Your gaze never falters.  Your 

20  presence never fades.  And we are surrounded 

21  by the gentleness of Your grace.  

22               Your voice lifts around us as 

23  lilac and apple blossoms scent the air and new 

24  leaves unfold their green.  Your voice speaks 

25  to us in the robin's song and seagull cry, in 

                                                               3038

 1  all the rush and rustle of children and all 

 2  their quiet drowse.  

 3               Your voice speaks to us in the 

 4  challenges of human turmoil, in the cries of 

 5  human need, in the lifting eyes of compassion 

 6  and the weary labors of service.  You speak to 

 7  us in the vigilance of care, in the courage 

 8  and readiness to enter the crisis of a 

 9  stranger, and in the steadiness of presence.  

10               You speak to us in the concern 

11  and the tending, in the lifting and the 

12  bearing, the embracing and the tears.  

13               Holy God, Your touch comes from 

14  the many hands of care and service.  Your gaze 

15  lifts from the many eyes of compassion.  Your 

16  voice rises in the many voices of 

17  encouragement.  

18               Holy God, encourage us here 

19  today, and touch our hearts, that we would 

20  know the steadiness of Your presence.  Speak 

21  deeply to us, that we might listen deeply and 

22  know Your grace.  

23               Holy God, guide these Senators in 

24  the pursuit of their duties.  Let Your breath 

25  warm their hearts and hold them in the deeper 

                                                               3039

 1  folds of Your purpose.  For this we pray in 

 2  Your holy name.  

 3               Amen.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  reading of the Journal.

 6               THE SECRETARY:   In Senate, 

 7  Monday, May 21st.  The Senate met pursuant to 

 8  adjournment.  The Journal of Sunday, May 20th, 

 9  was read and approved.  On motion, Senate 

10  adjourned.

11               ACTING PRESIDENT GRIFFO:    

12  Without objection, the Journal stands approved 

13  as read.

14               Presentation of petitions.

15               Messages from the Assembly.

16               The Secretary will read.

17               THE SECRETARY:   On page 33, 

18  Senator Griffo moves to discharge, from the 

19  Committee on Crime Victims, Crime and 

20  Corrections, Assembly Bill Number 8917 and 

21  substitute it for the identical Senate Bill 

22  Number 6785, Third Reading Calendar 737.

23               ACTING PRESIDENT GRIFFO:   The 

24  substitution is so ordered.

25               THE SECRETARY:   And on page 42, 

                                                               3040

 1  Senator Hannon moves to discharge, from the 

 2  Committee on Health --

 3               ACTING PRESIDENT GRIFFO:   Can we 

 4  have some order, please, in the chamber.

 5               Thank you.  

 6               The Secretary will read.

 7               THE SECRETARY:   On page 42, 

 8  Senator Hannon moves to discharge, from the 

 9  Committee on Health, Assembly Bill Number 9347 

10  and substitute it for the identical Senate Bill 

11  Number 7035, Third Reading Calendar 820.

12               ACTING PRESIDENT GRIFFO:   The 

13  substitution is so ordered.

14               Messages from the Governor.

15               Reports of standing committees.

16               Reports of select committees.

17               Communications and reports from 

18  state officers.

19               Motions and resolutions.

20               Senator Libous.

21               SENATOR LIBOUS:   Thank you, 

22  Mr. President.  

23               I'm going to do two motions, and 

24  then if you could call on Senator Breslin for 

25  motions.

                                                               3041

 1               But on behalf of Senator 

 2  Ranzenhofer, I wish to call up Senate Print 

 3  Number 5198B, recalled from the Assembly, which 

 4  is now at the desk.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  Secretary will read.  

 7               Excuse me.  Again, I'm going to ask 

 8  everyone present in the chamber to please come to 

 9  order.  I would ask to take conversations outside 

10  the Senate chamber so that we can allow the 

11  proceedings of the business to take place.

12               The Secretary will read.

13               THE SECRETARY:   Calendar Number 

14  140, by Senator Ranzenhofer, Senate Print 5198B, 

15  an act to repeal certain provisions.

16               SENATOR LIBOUS:   Mr. President, I 

17  now move to reconsider the vote by which this 

18  bill was passed.

19               ACTING PRESIDENT GRIFFO:   Call the 

20  roll on reconsideration.

21               (The Secretary called the roll.)

22               THE SECRETARY:   Ayes, 51.

23               SENATOR LIBOUS:   Mr. President, I 

24  now offer up the following amendments.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               3042

 1  amendments are received.

 2               SENATOR LIBOUS:   On behalf of 

 3  Senator O'Mara, Mr. President, I move that the 

 4  following bill be discharged from its respective 

 5  committee and be recommitted with instructions to 

 6  strike the enacting clause.  That would be Senate 

 7  Print 7369.

 8               ACTING PRESIDENT GRIFFO:   So 

 9  ordered.

10               Senator Breslin.  

11               SENATOR BRESLIN:   Thank you, 

12  Mr. President.  

13               On page number 36, I offer the 

14  following amendments to Calendar Number 758, 

15  Senate Print Number 6849, and ask that the bill 

16  retain its place on the Third Reading Calendar.

17               ACTING PRESIDENT GRIFFO:   The 

18  amendments are received, and the bill shall 

19  retain its place on third reading.

20               SENATOR BRESLIN:   Thank you, 

21  Mr. President.

22               ACTING PRESIDENT GRIFFO:   Thank 

23  you, Senator Breslin.

24               Senator Libous.

25               SENATOR LIBOUS:   Thank you, 

                                                               3043

 1  Mr. President.  

 2               At this time may we please adopt 

 3  the Resolution Calendar, with the exception of 

 4  Resolutions Number 4705, 4738, 4755, 4751, 4754 

 5  and 4797.

 6               ACTING PRESIDENT GRIFFO:   All in 

 7  favor of adopting the Resolution Calendar with 

 8  the exception of Resolutions 4705, 4738, 4755, 

 9  4751, 4754 and 4797, signify by saying aye.

10               (Response of "Aye.")

11               ACTING PRESIDENT GRIFFO:    

12  Opposed?  

13               (No response.)

14               ACTING PRESIDENT GRIFFO:   The 

15  Resolution Calendar is adopted.

16               Senator Libous.

17               SENATOR LIBOUS:   Thank you, 

18  Mr. President.  

19               I believe there's a resolution at 

20  the desk by Senator Skelos, Number 4797.  I'd ask 

21  that it be please read in entirety, and call on 

22  Senator Skelos and then Senator Breslin before 

23  its adoption.

24               ACTING PRESIDENT GRIFFO:   The 

25  Secretary will read.

                                                               3044

 1               THE SECRETARY:   Legislative 

 2  Resolution Number 4797, by Senator Skelos, 

 3  honoring the distinguished veterans from the 

 4  State of New York upon the occasion of their 

 5  induction into the New York State Senate Veterans 

 6  Hall of Fame, to be celebrated on May 22, 2012.  

 7               "WHEREAS, Members of the Armed 

 8  Services from the State of New York, who have 

 9  served so valiantly and honorably in wars in 

10  which this country's freedom was at stake, as 

11  well as in the preservation of peace in 

12  peacetime, deserve a special salute from this 

13  Legislative Body; and 

14               "WHEREAS, Attendant to such 

15  concern, and in full accord with its 

16  long-standing traditions, this Legislative Body 

17  is justly proud to honor the distinguished 

18  veterans from the State of New York upon the  

19  occasion of their induction into the New York 

20  State Senate Veterans Hall of Fame, to be 

21  celebrated on May 22, 2012; and

22               "WHEREAS, The New York State Senate 

23  Veterans Hall of Fame inductees are members of 

24  any branch of the United States Armed Forces, 

25  which include Army, Navy, Coast Guard, Air Force, 

                                                               3045

 1  and Marine Corps.  These exceptional men and 

 2  women are chosen for this prestigious honor based 

 3  on either service in combat or notable work 

 4  performed after discharge from the service; and 

 5               "WHEREAS, The 2012 inductees 

 6  include:  Patrick Abrams, Joseph G. Angelino, 

 7  Leroy Richard Archible, Robert W. Armenio, 

 8  LaTanga Blair, James Byler, Alberto Caiella, 

 9  Ralph Calabrese, Dr. Barry Culhane, Anthony J. 

10  D'Arpino, Stephanie E. Dawson, Donald Day, 

11  William J. DiNuzzo, Jr., Edward T. Dempsey, 

12  Michael Esposito, Jr., Joseph Farina, The Fedele 

13  Family, Melvin Garrett, Patrick Gualtieri, 

14  Jordan Haerter, Dr. Olivia J. Hooker, David R. 

15  Hooks, Jr., Harry Janson, J. Arthur Kieffer, 

16  Edward S. Kirkland, Jaroslaw Kril, Harry Kreter, 

17  Stacey Latimer, Corine Lombardo, Arthur Maggy, 

18  William T. Mahan, Donald Mandel, John J. Maroon, 

19  Job Mashariki, Jonathan de Sol Mendes, Matthew  

20  Mondoux, Dabney N. Montgomery, Frank S. Naro, 

21  Anthony C. Nesci, Eugene Parrotta, George E. 

22  Parsons, William H. Payne, Michael Plummer, 

23  Debbera M. Ransom, James John Regan, John 

24  Ringlehan, Joe Theinert, Michael Tokarz, Kevin  

25  Vaughan, George M. Vujnovich, Robert E. Walsh, 

                                                               3046

 1  Jeremy Warneke, Ted N. Wilkinson, and Fang A.  

 2  Wong; and 

 3               "WHEREAS, The banner of freedom 

 4  will always wave over our beloved New York and 

 5  all of America, the land of the free and the home 

 6  of the brave; and 

 7               "WHEREAS, The freedoms and security 

 8  we cherish as Americans come at a very high price 

 9  for those serving in the military in times of  

10  conflict.  It is fitting and proper that we who 

11  are the beneficiaries of those who risk their 

12  lives, must never forget the courage with which 

13  these men and women served their country; and 

14               "WHEREAS, Our nation's veterans 

15  deserve to be recognized, commended and thanked 

16  by the people of the State of New York for their 

17  service and for their dedication to their 

18  communities, their state and their nation; now, 

19  therefore, be it 

20               "RESOLVED, That this Legislative 

21  Body pause in its deliberations to honor the 

22  distinguished veterans from the State of New York  

23  upon the occasion of their induction into the 

24  New York State Senate Veterans Hall of Fame, to 

25  be celebrated on May 22, 2012; and be it further 

                                                               3047

 1               "RESOLVED, That copies of this 

 2  resolution, suitably engrossed, be transmitted to 

 3  the 2012 inductees."

 4               ACTING PRESIDENT GRIFFO:   For the 

 5  purposes of this resolution, before its vote I 

 6  will recognize Majority Leader Skelos and then 

 7  Deputy Minority Leader Breslin.

 8               Senator Skelos.

 9               SENATOR SKELOS:   Thank you very 

10  much, Mr. President.  

11               It's truly an honor for me to be 

12  able to introduce this resolution as we induct 

13  new members into the New York State Senate 

14  Veterans Hall of Fame.  

15               The Veterans Hall of Fame 

16  celebrates members of our communities who have 

17  gone above and beyond the call of duty to protect 

18  our freedoms -- the freedoms to exercise speech 

19  right here on the floor, as we have for 

20  generations before us.

21               It acknowledges those veterans who 

22  have made extraordinary accomplishments both on 

23  and off the battlefield.  With Memorial Day 

24  approaching, it is especially fitting that we 

25  honor distinguished veterans by passing this 

                                                               3048

 1  resolution.  

 2               This is the time of year when we 

 3  are reminded of the hardships our current and 

 4  former service members face and, most 

 5  importantly, honor those who have made the 

 6  ultimate sacrifice.  

 7               I would like to express my sincere 

 8  gratitude to all the veterans being honored 

 9  today, and especially to the families of whose 

10  who are being honored posthumously.  The 

11  meritorious service of these veterans have 

12  provided us with the freedoms that we celebrate 

13  every day, and certainly in our eyes they are our 

14  heroes.  

15               So it's my pleasure to introduce 

16  the resolution, ask for its passage.  And, 

17  Mr. President, we should open up this resolution 

18  to the entire membership.  If anybody cares not 

19  to sponsor the resolution, they should notify the 

20  desk.

21               ACTING PRESIDENT GRIFFO:   Thank 

22  you, Senator Skelos.  So noted.  

23               Senator Breslin.

24               SENATOR BRESLIN:   Thank you, 

25  Mr. President.

                                                               3049

 1               I first salute Senator Skelos for a 

 2  wonderful day saluting veterans across New York 

 3  State.

 4               You know, it's a day when we all 

 5  sit, we each are able to name a particular 

 6  veteran in our own jurisdiction who we think 

 7  has accomplished a great deal serving as a 

 8  veteran.  And, you know, as I sat there this 

 9  morning, I thought that there were many Democrats 

10  who I'm sure were choosing Republicans and there 

11  were many Republicans who were choosing 

12  Democrats.  Because it's one of those days where 

13  politics did not play a role; we chose people in 

14  our districts because of their contributions.  

15               I had the chance to nominate Frank 

16  DiNuzzo.  I have no idea what his political 

17  affiliation is.  I just know that he was part of 

18  the Greatest Generation who served during 

19  World War II and then came back and was brought 

20  into society and worked, raised a family, and did 

21  all the things that you would expect of a true 

22  United States citizen.  

23               And, you know, it's that one day, 

24  too, when we think about we are able here to talk 

25  about veterans freely and openly, and we're able 

                                                               3050

 1  to then go on and debate issues that are so 

 2  critically important to our state.  

 3               And we have freedoms that we take 

 4  for granted.  We have freedoms that we're able to 

 5  vote each year -- yet we are so free that less 

 6  than 50 percent of the people come out to vote.

 7               So all of those freedoms are 

 8  because of our veterans.  And the veterans I saw 

 9  today, really we're truly humbled, all of the 

10  Senators that I talked to.  And I salute each and 

11  every one of you for your contributions for 

12  making this, again, the most wonderful country in 

13  the world.

14               We salute you.  We will continue to 

15  salute you.  And we thank all of you.  

16               Thank you very much, Mr. President.

17               ACTING PRESIDENT GRIFFO:   Thank 

18  you, Senator Breslin.

19               The question is on the resolution. 

20  All in favor signify by saying aye.

21               (Response of "Aye.")

22               ACTING PRESIDENT GRIFFO:    

23  Opposed?  

24               (No response.)

25               ACTING PRESIDENT GRIFFO:   The 

                                                               3051

 1  resolution is adopted.

 2               The resolution is open for 

 3  cosponsorship.  If you wish not to be a 

 4  cosponsor, please notify the desk.

 5               Senator Libous.  

 6               SENATOR LIBOUS:   Mr. President, 

 7  Senator Larkin made note to me that on the 

 8  Resolution Calendar that passed, Resolution 4796 

 9  is also a resolution that deals with veterans and 

10  the American flag.  And he'd like to open that up 

11  to all members.  

12               If any member wishes not to be on 

13  4796, they should let the desk know, please.

14               ACTING PRESIDENT GRIFFO:    

15  Resolution 4796 is open for cosponsorship.  If 

16  you not wish to be a cosponsor, please notify the 

17  desk.

18               Senator Libous.

19               SENATOR LIBOUS:   Thank you, 

20  Mr. President.  

21               At this time I believe Senator 

22  Saland has, at the desk, Resolution Number 4755.  

23  Could we have the title read, and Senator Saland 

24  would like to be called on before its adoption.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               3052

 1  Secretary will read.

 2               THE SECRETARY:   Calendar Number 

 3  4755, by Senator Saland, congratulating the 

 4  Chatham High School Model Congress Team for their 

 5  participation in the 72nd Annual Model Congress 

 6  Event.

 7               ACTING PRESIDENT GRIFFO:   Senator 

 8  Saland.

 9               SENATOR SALAND:   Thank you, 

10  Mr. President.

11               Mr. President, to your right -- our 

12  left -- in the upper gallery are a group of 

13  students from Chatham High School, which is 

14  within my Senate district.  They are part of the 

15  Chatham Model Congress Team that competed in the 

16  72nd Annual Model Congress competition in 

17  Springfield, Massachusetts, at the American 

18  International College.  

19               And they are joined by their 

20  co-advisors, who are social studies teachers at 

21  Chatham, Mark Pearson and Sesame Campbell.  And 

22  I'd be remiss if I didn't pause long enough to 

23  acknowledge particularly the presence of Sesame, 

24  who I also knew as Stephanie when she was a 

25  member of my staff, and a very valued member, 

                                                               3053

 1  until she aspired to go on to bigger and better 

 2  things by becoming an educator.

 3               These students have been competing 

 4  now through the high school, not necessarily 

 5  personally, individually, for some five years.  

 6  And what they do in the course of their program 

 7  is they effectively proceed as would members of a 

 8  legislative body such as our federal House and 

 9  Senate or this Senate and our Assembly, and they 

10  guide bills that they debate through the process.

11               And one of the bills that was of 

12  particular interest to them and which they 

13  successfully negotiated and navigated through the 

14  process was a bill dealing with the regulation of 

15  hydrofracking.  Perhaps something which I should 

16  have asked them about when I met with them 

17  earlier on the Million Dollar Staircase, because 

18  they might have been able to edify me in ways 

19  that I haven't quite been fully edified.  

20               They have received special 

21  recognition for their participation.  And it's 

22  truly an enormous pleasure for me, because this 

23  is truly what our democracy of ours is about.

24               I believe I commented when I met 

25  with them that I was confident that at least one 

                                                               3054

 1  of them would in one way or another, whether it 

 2  be through advocacy or whether it be through 

 3  office or whether it be through service, I'm sure 

 4  become involved in some way in public life.  

 5               And I would encourage them to do 

 6  so.  I congratulate them on their success.  I 

 7  would ask you, obviously, to welcome them to the 

 8  chamber and congratulate them on their success as 

 9  well.  And look forward to them enjoying future 

10  successes and much opportunity and, hopefully 

11  having gained insights into the system, become 

12  very much an active part of the system.  

13               Good luck, and God bless.

14               ACTING PRESIDENT GRIFFO:   Thank 

15  you, Senator Saland.  

16               We want to congratulate the 

17  students and faculty from Chatham.  We welcome 

18  you to the chamber and extend the courtesies of 

19  the house.  Please stand and be acknowledged.

20               (Applause.)

21               ACTING PRESIDENT GRIFFO:   Senator 

22  Libous.

23               SENATOR LIBOUS:   I believe 

24  Senator Saland would like to open that resolution 

25  up for all members.  If someone wishes not to go 

                                                               3055

 1  on the resolution as a cosponsor, please notify 

 2  the desk.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  resolution is open for cosponsorship.  If you 

 5  choose not to be a sponsor, please notify the 

 6  desk.

 7               Thank you, Senator Libous.

 8               SENATOR LIBOUS:   Mr. President, I 

 9  believe there's a resolution by Senator Little at 

10  the desk, 4754.  Please have it read in its 

11  entirety and then, before its adoption, call on 

12  Senator Little.

13               ACTING PRESIDENT GRIFFO:   First 

14  I'm going to call the question on the previous 

15  resolution.  All in favor say aye.

16               (Response of "Aye.")

17               ACTING PRESIDENT GRIFFO:    

18  Opposed?  

19               (No response.)

20               SENATOR LIBOUS:   The resolution is 

21  adopted.  

22               The Secretary will now read Senator 

23  Little's resolution.  

24               THE SECRETARY:   Legislative 

25  Resolution Number 4754, by Senator Little, 

                                                               3056

 1  honoring The Quartiers Family upon the occasion 

 2  of being selected as the 2012 March of Dimes 

 3  Northeastern New York Division Ambassador 

 4  Family.  

 5               "WHEREAS, It is the sense of this 

 6  Legislative Body to pay tribute to those 

 7  exemplary individuals within the State of 

 8  New York whose personal triumphs serve as an 

 9  inspiration to all citizens; and 

10               "WHEREAS, Attendant to such 

11  concern, and in full accord with its 

12  long-standing traditions, this Legislative Body 

13  is justly proud to honor The Quartiers Family 

14  upon the occasion of being selected as the 2012 

15  March of Dimes Northeastern New York Division 

16  Ambassador Family, to be observed by the March of 

17  Dimes on Tuesday, May 22, 2012; and 

18               "WHEREAS, During this special 

19  occasion, The Quartiers Family of Glens Falls, 

20  New York, will be part of the March of Dimes 

21  Advocacy Day; and 

22               "WHEREAS, A national voluntary 

23  health organization, the March of Dimes mission 

24  is to improve the health of infants and children 

25  by preventing birth defects, premature birth, and 

                                                               3057

 1  infant mortality.  The Quartiers Family is to be 

 2  recognized for their unwavering dedication to 

 3  educating the public about its mission; and 

 4               "WHEREAS, Earlier this year, Sara 

 5  and Jason Quartiers were honored by the March of 

 6  Dimes Northeastern New York Division and given 

 7  the Volunteer of the Year Award; and 

 8               "WHEREAS, Sara and Jason Quartiers' 

 9  son, Cameron Jace, was born on February 16, 2009, 

10  16 weeks premature.  They were able to take him 

11  home after 213 days in Albany Medical Center's 

12  NICU.  Unfortunately, Cameron only spent a short 

13  time at home and passed away on October 20, 2009; 

14  and 

15               "WHEREAS, After this long, arduous 

16  battle, Sara and Jason Quartiers' story serves to 

17  inspire others facing similar circumstances as  

18  well as to educate the public on the importance 

19  of supporting the March of Dimes and its vital 

20  mission; and 

21               "WHEREAS, The Quartiers Family 

22  started their own foundation called 'Project: 

23  Cameron's Story.'  The goal of the foundation is 

24  to support the bonding of parents with their 

25  premature babies in the Neonatal Intensive Care  

                                                               3058

 1  Unit (NICU), through the use of children's 

 2  literature and storytelling; and 

 3               "WHEREAS, Sara and Jason Quartiers 

 4  have been volunteering with March of Dimes since 

 5  2010.  They participate in the Adirondack March 

 6  for Babies and have raised a significant amount 

 7  with Project: Cameron's Story; and 

 8               "WHEREAS, Not only do The Quartiers 

 9  Family raise funds for the March of Dimes, they 

10  also volunteer their time in so many different 

11  ways.  Sara takes part in the March for Babies 

12  committee, participates in Advocacy Day, 

13  participates in radio interviews, and both Sara 

14  and Jason are spokespersons to assist in carrying 

15  the prematurity message forward.  Through their 

16  outreach in the community, the Quartiers have 

17  encouraged many families to become involved with 

18  March of Dimes; and 

19               "WHEREAS, Predeceased by Cameron, 

20  the Quartier family members include Sara, Jason, 

21  Schuyler and Liam; and 

22               "WHEREAS, In the course of the 

23  evolving development of the Empire State, there 

24  have emerged certain members of our community who  

25  have embodied truly magnanimous conduct and 

                                                               3059

 1  strength, and we call these individuals 

 2  'distinguished citizens' of the State of 

 3  New York; now, therefore, be it 

 4               "RESOLVED, That this Legislative 

 5  Body pause in its deliberations to honor 

 6  The Quartiers Family upon the occasion of being  

 7  selected as the 2012 March of Dimes Northeastern 

 8  New York Division Ambassador Family; and be it 

 9  further 

10               "RESOLVED, That a copy of this  

11  resolution, suitably engrossed, be transmitted to 

12  Sara and Jason Quartiers."

13               ACTING PRESIDENT GRIFFO:   Senator 

14  Little.

15               SENATOR LITTLE:   Thank you, 

16  Mr. President.  

17               It is my privilege and real honor 

18  to welcome Sara and Jason Quartiers to our 

19  chamber today.  As you have heard, they lost 

20  their child Cameron, who was born prematurely and 

21  died within that year.  

22               But they do have a story.  And 

23  following a tragedy like that, we always wonder 

24  how people have the strength to go on and to do 

25  other things.  They began what they call 

                                                               3060

 1  Project:  Cameron's Story.  And not only are they 

 2  advocating for the March of Dimes, but they have 

 3  advocated and raised money for this.

 4               One of the hardships that people 

 5  have when they have a premature child is that 

 6  when they go to the hospital to the NIC Unit, 

 7  their ability is only to stand and to watch their 

 8  child as they're in the incubator.  

 9               Well, Sara is a teacher and she 

10  knew how much reading meant through the bonding 

11  process of parent and child.  So she and Jason 

12  and their family members began taking storybooks 

13  to the NIC Unit and standing or sitting next to 

14  the incubator and reading to Cameron.  And there 

15  was a difference in Cameron's body temperatures 

16  and all of that when this was going on.  

17               They were able to take Cameron home 

18  for a short period of time before he did pass 

19  way.  But following their grief, they decided 

20  that that meant so much to them and really helped 

21  them bond with this child that they wanted to do 

22  it for others.  

23               So there are 17 NIC Units in 

24  New York State, and currently three of those NIC 

25  Units have a brand-new book provided to every 

                                                               3061

 1  premature baby that is born in those NIC Units, 

 2  with the encouragement for those parents to spend 

 3  time reading to that child, because that's what 

 4  will help them bond with that child.  

 5               And I just think that it's so 

 6  commendable what they have done in their grief 

 7  and in their journey for healing.

 8               So I recognize them for their 

 9  recognition and awards by the March of Dimes 

10  association and for their work for advocating for 

11  the March of Dimes, but also for helping other 

12  families who have to experience what they have 

13  experienced.

14               So thank you very much for being 

15  here, and thank you so much for what you have 

16  done.

17               ACTING PRESIDENT GRIFFO:   Thank 

18  you, Senator Little.

19               The question is on the resolution. 

20  All in favor signify by saying aye.

21               (Response of "Aye.")

22               ACTING PRESIDENT GRIFFO:    

23  Opposed?  

24               (No response.)

25               ACTING PRESIDENT GRIFFO:   The 

                                                               3062

 1  resolution is adopted.

 2               We also would like to welcome Sara 

 3  and Jason, the Quartiers family, for being here.  

 4  We appreciate your efforts and all that you have 

 5  done in your advocacy.  Thank you.

 6               (Applause.)

 7               ACTING PRESIDENT GRIFFO:   Senator 

 8  Libous.

 9               SENATOR LIBOUS:   Mr. President, I 

10  believe Senator Little would like to open the 

11  resolution up for all members.  So all members 

12  will become immediate cosponsors, unless they 

13  wish not to and they will let the desk know.

14               ACTING PRESIDENT GRIFFO:   Please 

15  notify the desk if you choose not to be a 

16  cosponsor.  

17               Senator Libous.  

18               SENATOR LIBOUS:   There is a 

19  resolution at the desk, Mr. President, by Senator 

20  Kennedy, Number 4738.  I ask that it be read in 

21  its entirety and, before we move for its 

22  adoption, to please call on Senator Kennedy.

23               ACTING PRESIDENT GRIFFO:   Thank 

24  you, Senator Libous.  

25               The Secretary will read.

                                                               3063

 1               THE SECRETARY:   Legislative 

 2  Resolution Number 4738, by Senator Kennedy, 

 3  memorializing Governor Andrew M. Cuomo to 

 4  proclaim November 16, 2012, as Myocarditis 

 5  Awareness Day in the State of New York.  

 6               "WHEREAS, It is the custom of this 

 7  Legislative Body to recognize official days that 

 8  are set aside to increase awareness of serious 

 9  illnesses that affect the lives of citizens of 

10  New York State; and 

11               "WHEREAS, Attendant to such 

12  concern, and in full accord with its 

13  long-standing traditions, it is the sense of this 

14  Legislative Body to memorialize Governor Andrew 

15  M. Cuomo to proclaim November 16, 2012, as 

16  Myocarditis Awareness Day in the State of 

17  New York; and 

18               "WHEREAS, Myocarditis is 

19  characterized by inflammation of the myocardium, 

20  often with subsequent damage to the heart; and 

21               "WHEREAS, The disease can affect 

22  the muscle cells of the myocardium or the 

23  specialized electrical conduction pathways, 

24  leading to irregular rhythms, very fast or slow 

25  heart rates, palpitations or sometimes loss of 

                                                               3064

 1  consciousness; and 

 2               "WHEREAS, The tragedy of this 

 3  disease is that myocarditis usually occurs in  

 4  young, otherwise healthy people.  However, anyone  

 5  may be susceptible.  In fact, almost 20 percent 

 6  of all cases of sudden death in young adults are 

 7  attributed to myocarditis; and 

 8               "WHEREAS, Such was the case for 

 9  10-year-old Luke Gould from the Town of 

10  West Seneca.  Luke showed no signs of any 

11  physical conditions.  He played hockey, was an 

12  active member of the community, and worked hard 

13  at school; and 

14               "WHEREAS, On November 16, 2011, 

15  Luke Gould, a healthy boy, passed away in his 

16  sleep.  When the autopsy came back, the medical 

17  examiner had declared his cause of death 

18  'unknown'; and 

19               "WHEREAS, Before allowing the case 

20  to be closed, Luke's parents worked tirelessly to 

21  get the medical examiner to look further into the 

22  cause of death; and 

23               "WHEREAS, Upon further review and 

24  more testing, it was discovered that the cause of 

25  Luke Gould's death was myocarditis; and 

                                                               3065

 1               "WHEREAS, There are many causes of 

 2  myocarditis, including viral infections,  

 3  autoimmune disorders, environmental toxins and 

 4  adverse drug reactions; and 

 5               "WHEREAS, Myocarditis is a poorly 

 6  understood, often undiagnosed illness which can 

 7  rapidly progress to heart failure and death.  

 8  With increased awareness, lives may be saved so 

 9  other families will not have to feel the pain and 

10  suffering felt by the friends and family members 

11  of Luke Gould; and 

12               "WHEREAS, It is imperative that 

13  there be greater public awareness of this serious 

14  health crisis, and more must be done to increase  

15  activity at the state, local and national levels; 

16  now, therefore, be it 

17               "RESOLVED, That this Legislative 

18  Body pause in its deliberations to memorialize 

19  Governor Andrew M. Cuomo to proclaim November 16,  

20  2012, as Myocarditis Awareness Day in the State 

21  of New York; and be it further 

22               "RESOLVED, That a copy of this 

23  resolution, suitably engrossed, be transmitted to 

24  The Honorable Andrew M. Cuomo, Governor of the  

25  State of New York."

                                                               3066

 1               ACTING PRESIDENT GRIFFO:   Senator 

 2  Kennedy.

 3               SENATOR KENNEDY:   Thank you, 

 4  Mr. President.  

 5               First of all, I would just like to 

 6  take this opportunity to welcome Amy and Joe 

 7  Skowronski, who are here today to raise awareness 

 8  of myocarditis, the rare disease that claimed the 

 9  life of their son, Luke Gould.  Also joining them 

10  is their daughter and Luke's sister, Jill.

11               As was stated in the resolution, 

12  they're here to bring recognition to Luke's young 

13  life that was taken away by a rather unknown 

14  disease of the heart called myocarditis.  

15               On November 16th of this upcoming 

16  year, this resolution calls for this to be 

17  Myocarditis Awareness Day across New York State.  

18  It's very much an unknown disease, and it took 

19  the life of a young boy, a hockey player, someone 

20  who was a bright light within the community, 

21  within his school, within his family, within the 

22  Town of West Seneca.  

23               And it was his family that will 

24  happened upon Luke in his death but, since his 

25  death, has been advocates on ensuring that this 

                                                               3067

 1  disease of the heart becomes better known 

 2  throughout all of New York State.  

 3               And through their advocacy, they 

 4  were able to find closure through advocating for 

 5  the medical examiner out in Western New York to 

 6  further review the cause of death that was 

 7  initially found to be unknown.  The fact of the 

 8  matter is this is found, this cause of death 

 9  being unknown, in so many instances.  Because of 

10  their advocacy, there is going to be closure in 

11  many families' lives through this, again, very 

12  much an unknown disease, myocarditis.  

13               I want to thank the family, Luke 

14  Gould's family, for being here today.  If you 

15  could stand up.  And I'd like to recognize them, 

16  and I would also like to open this resolution up, 

17  Mr. President, for cosponsorship.  

18               Thank you very much.

19               ACTING PRESIDENT GRIFFO:   Thank 

20  you, Senator Kennedy.

21               We would first call the question on 

22  the resolution.  All in favor indicate by saying 

23  aye.

24               (Response of "Aye.")

25               ACTING PRESIDENT GRIFFO:    

                                                               3068

 1  Opposed?  

 2               (No response.)

 3               ACTING PRESIDENT GRIFFO:   The 

 4  resolution is adopted.

 5               The resolution is open for 

 6  cosponsorship.  If you choose not to, please 

 7  notify the desk.  

 8               We want to welcome the Skowronski 

 9  family.  We appreciate your efforts and we 

10  appreciate your advocacy.  Thank you very much.

11               (Applause.)

12               ACTING PRESIDENT GRIFFO:   Senator 

13  Fuschillo.

14               SENATOR FUSCHILLO:   Mr. President, 

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

16  Senator Diaz, Number 4705.  I ask that it be read 

17  in its entirety and ask for its immediate 

18  adoption.

19               ACTING PRESIDENT GRIFFO:   The 

20  Secretary will read.

21               THE SECRETARY:   Legislative 

22  Resolution Number 4705, by Senator Diaz, 

23  congratulating the people of the Republic of 

24  China (Taiwan) for the successful conduct of the 

25  fifth direct and democratic presidential election 

                                                               3069

 1  in January, 2012.  

 2               "WHEREAS, The United States and the 

 3  Republic of China (Taiwan) share common ideals 

 4  and a clear vision for the 21st century, where 

 5  freedom and democracy are the foundations for 

 6  peace, prosperity, and progress; and 

 7               "WHEREAS, Taiwan has become a 

 8  multiparty democracy in which all citizens have 

 9  the right to participate freely in the political 

10  process, as evidenced by four democratic 

11  presidential elections of Taiwan which took place 

12  in 1996, 2000, 2004 and 2008; and 

13               "WHEREAS, Taiwan successfully 

14  conducted a presidential election on January 14, 

15  2012, and re-elected Dr. Ma Ying-jeou and Mr. Wu 

16  Den-yih as the next President and Vice President 

17  of the Republic of China (Taiwan); and 

18               "WHEREAS, Through cross-Strait  

19  dialogues, the establishment of the Economic 

20  Cooperation Framework Agreement (ECFA) with 

21  Mainland China, and viable diplomacy, 

22  President Ma has transformed the Taiwan Strait 

23  from a major international flash point into a 

24  cornerstone for peace and prosperity for 

25  East Asia; and 

                                                               3070

 1               "WHEREAS, Taiwan is one of the 

 2  strongest democratic allies of the United States 

 3  in the Asia-Pacific region, and it is 

 4  United States policy to support and strengthen 

 5  democracy around the world; and 

 6               "WHEREAS, The United States and 

 7  Taiwan share a long-term and close economic 

 8  relationship, including $67 billion of bilateral 

 9  trade in 2011, making Taiwan the 9th largest  

10  trading partner and the 10th largest foreign 

11  market for the United States; and 

12               "WHEREAS, The United States 

13  assisted Taiwan in participating in the World  

14  Health Assembly (WHA) as an observer in 2009, and 

15  will continue supporting Taiwan's meaningful 

16  participation in other United Nations-affiliated   

17  organizations such as the International Civil 

18  Aviation Organization (ICAO) and the United 

19  Nations Framework Convention on Climate Change 

20  (UNFCCC); and 

21               "WHEREAS, The government of the 

22  Republic of China (Taiwan) has expressed its hope  

23  that the United States will include Taiwanese 

24  passport holders into the Visa Waiver Program 

25  (VWP), resume negotiation on a Trade and  

                                                               3071

 1  Investment Framework Agreement (TIFA), and sign a 

 2  Free Trade Agreement (FTA) with Taiwan in the 

 3  near future; and 

 4               "WHEREAS, The State of New York 

 5  exported $1.3 billion worth of products to Taiwan 

 6  in 2011, making Taiwan the 15th largest foreign 

 7  market for New York State in 2011, strengthening 

 8  bilateral economic ties; and 

 9               "WHEREAS, Many of the United 

10  States' top 500 companies, which have their 

11  headquarters located in New York, have invested 

12  in Taiwan, including IBM, Pfizer, Corning, 

13  Citigroup, AIG, MetLife, J.P. Morgan, Morgan 

14  Chase, Merrill Lynch, and New York Life; and 

15               "WHEREAS, There are 300 Taiwanese 

16  companies that have invested in the State of 

17  New York in sectors such as computers, finance, 

18  jewelry, and sporting goods, as well as the 

19  garment industry; and 

20               "WHEREAS, The State of New York is 

21  home to a thriving overseas Taiwanese community.  

22  Both the government of Taiwan and Taiwanese- 

23  Americans devote themselves to the local 

24  community service in the State of New York.  The  

25  State of New York has maintained a friendly and 

                                                               3072

 1  fruitful relationship with Taiwan for many years; 

 2  now, therefore, be it 

 3               "RESOLVED, That this Legislative 

 4  Body pause in its deliberations to congratulate 

 5  the people of Taiwan and President Ma Ying-jeou 

 6  for the successful conduct of the fifth 

 7  democratic presidential election in January 2012,  

 8  and to reiterate its support of a closer economic 

 9  and trade partnership between the United States 

10  and Taiwan; and be it further 

11               "RESOLVED, That a copy of this 

12  resolution, suitably engrossed, be transmitted to 

13  President Ma Ying-jeou of the Republic of China 

14  through the Taipei Economic and Cultural Office 

15  in New York."

16               ACTING PRESIDENT GRIFFO:   Senator 

17  Diaz.

18               SENATOR DIAZ:   Thank you, 

19  Mr. President.  

20               I'm very honored today, I'm very 

21  proud that we in the New York State Senate are 

22  congratulating the people of Taiwan on the 

23  occasion of the fifth direct and democratic 

24  presidential election.  

25               While the people of Taiwan 

                                                               3073

 1  certainly have a right to be proud of this event, 

 2  they are not the only ones celebrating.  Any time 

 3  a country has a fair and democratic election, it 

 4  is a celebration for democracy throughout the 

 5  world.

 6               Mr. President, and ladies and 

 7  gentlemen, I want to share a statement regarding 

 8  Taiwan that aptly describes our celebration 

 9  today.  The people of Taiwan "share a conviction 

10  that their future must be based on freedom, 

11  democracy, human rights, the rule of law, and 

12  that only they have the right to decide their own 

13  future."

14               I think, ladies and gentlemen, we 

15  can all agree that there is no better way for a 

16  country to decide its own future than through a 

17  democratic election.

18               On a personal note, ladies and 

19  gentlemen and Mr. President, I have been blessed, 

20  I happen to be blessed to be associated with the 

21  Taipei Economic and Cultural Council for over 

22  10 years.  

23               I have been especially moved by 

24  their commitment to our children's education.  

25  This year, as in years past, they have generously 

                                                               3074

 1  donated backpacks filled with school supplies for 

 2  the Three Kings celebration in my Senate district 

 3  which I hold every year.

 4               We deeply appreciate Ambassador 

 5  Kao's efforts and the generosity of his 

 6  associates, who donated more than 700 backpacks 

 7  filled with school supplies to our underserved 

 8  children in the South Bronx.  As the children in 

 9  the South Bronx returned to school in January, 

10  they had a little extra confidence to succeed, 

11  due to this gift and thanks to the Taiwanese 

12  people.

13               Mr. President, with us today to 

14  celebrate this joyous occasion are Ambassador 

15  Andrew J.C. Kao, sitting here to my left; 

16  Mr. Arthur Wu, secretary to Ambassador Kao; and 

17  Mr. David Chien, director of the Taipei Economic 

18  and Cultural Office in New York.

19               In the Senate gallery, over there, 

20  we have members from the Taiwanese American 

21  Cultural Society of New York.  Their leader is 

22  Mr. Chungchin Chen.  

23               I'm please, Mr. President and 

24  ladies and gentlemen, to welcome all of them 

25  today to the New York State chamber, and I'm 

                                                               3075

 1  privileged to consider you my friends.

 2               Mr. President and ladies and 

 3  gentlemen, in closing, I want once again to offer 

 4  my sincerest congratulations to the people of 

 5  Taiwan as their beloved country celebrates this 

 6  election.  May they have many, many, many more 

 7  democratic elections.

 8               Thank you very much, 

 9  Mr. President.  And thank you very much, ladies 

10  and gentlemen.  And thank you very much, you in 

11  the gallery, thank you very much for being here 

12  today.

13               ACTING PRESIDENT GRIFFO:   Thank 

14  you, Senator Diaz.

15               Senator Stavisky.

16               SENATOR STAVISKY:   Thank you, 

17  Mr. President.  

18               And thank you, Senator Diaz, for 

19  your work in putting together this Senate 

20  resolution as you have done in years past.

21               To Ambassador Kao and Mr. Wu and 

22  Mr. Chien, our friends in the gallery, I say 

23  "Ni hao":  Welcome, hello.  

24               And I must say that the friendship 

25  between the United States and Taiwan, the 

                                                               3076

 1  Republic of China, is a long-lasting friendship, 

 2  and it's built on mutual trust as well as mutual 

 3  respect.

 4               The resolution talked about the 

 5  close economic ties that exist between not just 

 6  the United States but the State of New York and 

 7  the Republic of China.

 8               There are many companies doing 

 9  business in my district in Queens that are based 

10  in the Republic of China.  You just have to walk 

11  down the street and you see the names of these 

12  companies.  And I marvel at how people have come 

13  to the United States, but particularly to my 

14  district in Flushing, and have created a new life 

15  as new Americans.  

16               And I think we in government have 

17  an obligation to do everything we can to make 

18  life as easy as possible for the new Americans.

19               I have been privileged to visit 

20  Taiwan on two occasions with my colleague 

21  Senator Duane and other people as well.  We have 

22  visited your country from Taipei in the north to 

23  Kaohsiung in the south -- that is a remarkable 

24  train ride, I must tell you.  And we have a lot 

25  to learn in terms of high-speed rail from the 

                                                               3077

 1  experience that we had.

 2               We visited schools in Taiwan.  And 

 3  each and every place I went, we felt very much at 

 4  home.  We were welcomed, we felt a genuine 

 5  friendship that truly exists, whether we met at 

 6  the foreign ministry in Taipei or at -- I 

 7  remember a university, Sun Yat-Sen University in 

 8  the south.  I felt very, very much at home in 

 9  Taipei.  

10               And this friendship is no more 

11  apparent than in the community of Flushing.  We 

12  in Flushing, we call it "the crossroads of the 

13  world," because people come from all over the 

14  world -- from Asia, from Europe, from South 

15  America, Central America, other parts of the 

16  United States, and we make people feel at home in 

17  Flushing.

18               The diversity is very, very 

19  apparent, whether you -- whether it's been the 

20  building boom -- the Comptroller did a study 

21  recently of the economy, and he focused on 

22  Flushing.  And in Flushing the economy is 

23  booming.  There are stores that are empty, there 

24  are people out of work, but for the most part 

25  Flushing is exploding.  

                                                               3078

 1               And the reason is because of the 

 2  investment from people in Asia, and that is 

 3  appreciated, whether it be in the housing that is 

 4  being built or in the restaurants that are 

 5  there.  With all due respect to my colleague 

 6  Senator Squadron, our restaurants in Flushing are 

 7  outstanding.  Outstanding.

 8               So in conclusion, let me just say 

 9  that we welcome you here.  The mission -- I 

10  attended the opening of a mission in Flushing a 

11  number of years ago.  They have their own 

12  business office in Flushing.  

13               So I congratulate President Ma and 

14  the government for continuing the tradition of 

15  democracy in a world that is sorely lacking in 

16  democratic traditions.

17               Thank you, Mr. President.

18               ACTING PRESIDENT GRIFFO:   Thank 

19  you, Senator Stavisky.

20               Senator Squadron, here's your 

21  opportunity.

22               SENATOR SQUADRON:   Thank you very 

23  much.  I suppose this is also a point of personal 

24  privilege, Mr. President.

25               First of all, I want to thank 

                                                               3079

 1  Senator Diaz for his leadership on this issue 

 2  this year and in previous years.  The partnership 

 3  and relationship that he has forged with this 

 4  community, with Taiwan, is extraordinarily 

 5  important.  So thank you, Senator Diaz.

 6               To Senator Stavisky, it is a 

 7  wonderful community that you represent.  And in 

 8  fact your knowledge of the restaurants there is 

 9  something I have benefited from enormously many 

10  times, and so I thank you for your deep knowledge 

11  of that area and partnership there.  

12               Though the truth is I would say 

13  Chinatown in Manhattan is the historic, cultural 

14  center of Chinese culture in America and 

15  Chinese-American culture.  And, Senator Stavisky, 

16  with all due respect, we're very proud of that, 

17  and I have many restaurants to prove it here on 

18  the floor in the future, perhaps.

19               But it really is true, and it's 

20  really true that the Republic of China and our 

21  partnership is a big part of why Chinatown in 

22  Manhattan and the Chinese-American community in 

23  this country is so strong and that we have such 

24  strong business ties, such strong trade ties.  

25  For more than a century now, the partnership and 

                                                               3080

 1  relationship has been of great benefit to our 

 2  country and to our community and especially to 

 3  New York City.

 4               And, Ambassador, I see you 

 5  frequently in the community.  And it's because 

 6  your role is so much one of being a partner with 

 7  the existing community in the city -- not just as 

 8  a visitor, but as part of it in a real, permanent 

 9  sense.  And that means so much to us.  And we are 

10  a stronger city and a stronger state because of 

11  that partnership.  

12               So to the visitors we have here 

13  today, thank you very much.  Even when you are 

14  not in the chamber, you are with us.  In New York 

15  we simply would not be what we are today without 

16  the partnership of the Republic of China, without 

17  the permanent population that we have, and 

18  without the travel and the business relationships 

19  that we continue to have.  

20               It is a great, great honor to 

21  represent Chinatown and to be partnered with this 

22  community, to see the ambassador here today.  And 

23  I want you to know that every day we honor the 

24  relationship and we are grateful for it.

25               So "Doh je," thank you very much 

                                                               3081

 1  for being here today.  And thank you, Senator 

 2  Diaz, for bringing this resolution forward.

 3               ACTING PRESIDENT GRIFFO:   Senator 

 4  Montgomery.

 5               SENATOR MONTGOMERY:   Thank you, 

 6  Mr. President.

 7               I am very honored to join my 

 8  colleagues in celebration of people today, 

 9  peoples both in our state and around the world:  

10  Senator Saland, who honored people, young people 

11  from his district; Senator Little; Senator 

12  Kennedy.  

13               And, Senator Diaz, I'm very pleased 

14  that we are also here honoring the people of 

15  Taiwan today, some of who whom are our guests 

16  today.

17               And I just wanted to stand with you 

18  and honor someone, a hero from my own district.  

19  He is not Chinese.  However, he is a person to 

20  whom I am very much indebted, as all of us are, 

21  because he is one of the veterans of America.  

22  His name is Joe Mashariki.  

23               And he is -- not only was he a 

24  veteran who went to war, fought for us, came 

25  home, came back to his community, his hometown, 

                                                               3082

 1  but he was the founder of the Black Veterans for 

 2  Social Justice, which was the first 

 3  African-American veterans organization in our 

 4  state.  He's done things like build housing for 

 5  them.  He has a center where they gather and 

 6  congregate and receive services and receive 

 7  information.  He is certainly a hero.  

 8               It's a 30-year-old organization, 

 9  and so this is my honor for today, to celebrate 

10  Joe Mashariki and his placement in the Veterans 

11  Hall of Fame.

12               So, Senator Diaz, thank you for 

13  your celebration of the Taiwan people.  

14               I thank you, my colleagues, for 

15  offering me an opportunity to celebrate my 

16  favorite and distinguished veteran of the year, 

17  and that's Joe Mashariki.  

18               Thank you, Mr. President.

19               ACTING PRESIDENT GRIFFO:   Thank 

20  you, Senator Montgomery.

21               Senator Espaillat.

22               SENATOR ESPAILLAT:   Thank you, 

23  Mr. President, and Senator Diaz for this 

24  resolution.  

25               And I want to welcome the 

                                                               3083

 1  ambassador and the members of the Taiwanese 

 2  community for your contribution to New York 

 3  State, not only in your vigorous participation in 

 4  economic development here and abroad, but the 

 5  sense that you bring to the U.S. of democracy and 

 6  your fight to ensure that the Republic of China 

 7  has a democratic process that's reliable, 

 8  transparent, and respectful of democratic rights 

 9  across the world.  

10               So we thank you for your presence 

11  here and for your contribution to our 

12  communities, particularly to Senator Diaz's 

13  district that he has eloquently highlighted in 

14  his presentation.  And we hope to see you here 

15  every year with this resolution before us.  Thank 

16  you so much for coming.  

17               Thank you, Mr. President.

18               ACTING PRESIDENT GRIFFO:   Senator 

19  Perkins.  

20               SENATOR PERKINS:   Thank you, 

21  Mr. President.  

22               First let me thank Senator 

23  Montgomery for raising the Black Veterans for 

24  Social Justice and Joe Mashariki, especially 

25  because I have had the opportunity to work with 

                                                               3084

 1  them.

 2               But I really wanted to commend also 

 3  Senator Diaz for his resolution.  You know, I 

 4  have a Taiwanese brother.  His name is John Liu.  

 5  You might remember him as the Comptroller for the 

 6  City of New York.  He and I -- he took us to 

 7  Taiwan and introduced us to the Taiwanese 

 8  community.  

 9               And I want to thank the ambassador 

10  and his delegation and the folks from this 

11  community for the wonderful experience that I 

12  had.  

13               In fact, your president and I have 

14  something in common.  He's a jogger, he's a 

15  marathon runner.  Yours truly as well.  And when 

16  he visited New York City, at that time 

17  Councilmember John Liu's office, he brought his 

18  sneakers in anticipation of us getting -- having 

19  an opportunity to run together.

20               So please extend to him my regards 

21  and an invitation for the New York City Marathon, 

22  where I hope that he will be able to join me and 

23  once again renew our relationship from when at 

24  that time he was the mayor.

25               So thank you very much, Senator 

                                                               3085

 1  Diaz, for this opportunity to reconnect with our 

 2  folks from Taiwan, the People's Republic of 

 3  China -- I mean the Republic of China.  Not the 

 4  People's Republic, the Republic of China.

 5               ACTING PRESIDENT GRIFFO:   Thank 

 6  you, Senator Perkins.

 7               Senator Duane.

 8               SENATOR DUANE:   Thank you, 

 9  Mr. President.  

10               It's a great thrill and honor for 

11  us in this chamber to have President Ma with us 

12  and other officials and guests.  

13               I also want to congratulate the 

14  president not just on his reelection but also on 

15  the observer status which was conveyed at the 

16  World Health Organization.  I, when I have been 

17  to Taiwan, was extremely impressed by their 

18  healthcare provisions, their system, and I think 

19  we have a tremendous amount to learn from them.  

20  And I have tried to bring that to our country as 

21  well.

22               But it was -- it is very impressive 

23  as is their high-speed train system.  I think we 

24  can learn an awful lot from an amazing 

25  transportation system, incredibly impressive.  

                                                               3086

 1  And again, they show true leadership in that 

 2  area.

 3               As many of you know -- well, let me 

 4  say one other thing.  And they have an incredibly 

 5  vibrant democracy.  And it is hard to really 

 6  identify any other nation that has such a vibrant 

 7  democracy anywhere in the world.

 8               I, as many of you know, at one time 

 9  represented about two-thirds of Chinatown in 

10  Manhattan.  And as many of you know, certainly I 

11  and we over on this side of the aisle had 

12  absolutely no control over how the districts were 

13  drawn.  But I want to assure you that my 

14  relationship with the community in Chinatown 

15  remains strong, and I will never let go.  And I'm 

16  also a boy from Flushing.  

17               And during some of the most 

18  difficult economic times in New York City, it was 

19  the Taiwanese community that really invested in 

20  Flushing, which meant there was investment in our 

21  city.  And it was very, very helpful at a time 

22  when we really needed it.

23               So it's not just that we are great 

24  trading partners, but we are forever linked 

25  because of how our countries have helped each 

                                                               3087

 1  other and supported each other through the years 

 2  in every way.  And so I look forward to a 

 3  continued really wonderful relationship.  

 4               And it's always wonderful when you 

 5  come, when you trek here to Albany -- where 

 6  there's also a very large Taiwanese community.  

 7  But when you come here and give greetings to us, 

 8  it means really a tremendous amount to us.  And 

 9  thank you very much for that.

10               ACTING PRESIDENT GRIFFO:   The 

11  question is on the resolution.  All in favor 

12  signify by saying aye.

13               (Response of "Aye.")

14               ACTING PRESIDENT GRIFFO:    

15  Opposed?  

16               (No response.)

17               ACTING PRESIDENT GRIFFO:   The 

18  resolution is adopted.

19               I want to welcome the ambassador, 

20  the officials and visitors from the Republic of 

21  China, Taiwan.  Thank you.

22               (Standing ovation.)  

23               ACTING PRESIDENT GRIFFO:   Senator 

24  Fuschillo.

25               SENATOR FUSCHILLO:   Mr. President, 

                                                               3088

 1  Senator Diaz would like to open his resolution 

 2  for sponsorship by the entire house.  If any 

 3  Senator wishes not to cosponsor the resolution, 

 4  they should notify the desk.

 5               ACTING PRESIDENT GRIFFO:   

 6  Resolution 4705, by Senator Diaz, is open for 

 7  sponsorship by all members.  If any member wishes 

 8  not to be on the resolution, please advise the 

 9  desk.  

10               Senator Fuschillo.

11               SENATOR FUSCHILLO:   Mr. President, 

12  there's a resolution at the desk by 

13  Senator Peralta, Number 4751.  I ask that it be 

14  read in its entirety and ask for its immediate 

15  adoption.

16               ACTING PRESIDENT GRIFFO:   The 

17  Secretary will read.

18               THE SECRETARY:   Legislative 

19  Resolution Number 4751, by Senator Peralta, 

20  welcoming the students and faculty of the 

21  Lexington School for the Deaf/Center for the Deaf 

22  as they visit Albany, New York, on May 22, 2012.  

23               "WHEREAS, It is the custom of this 

24  Legislative Body to recognize and commend those 

25  institutions of true purpose and high achievement 

                                                               3089

 1  whose exemplary programs and accomplishments 

 2  clearly demonstrate an enduring pursuit of 

 3  excellence in the education of deaf youth in the 

 4  Empire State; and 

 5               "WHEREAS, Attendant to such 

 6  concern, and in full accord with its 

 7  long-standing traditions, this Legislative Body 

 8  is justly proud to welcome the students and  

 9  faculty of the Lexington School for the 

10  Deaf/Center for the Deaf as they visit Albany, 

11  New York, on Tuesday, May 22, 2012; and 

12               "WHEREAS, It is central to the 

13  mission of the Lexington School for the 

14  Deaf/Center for the Deaf to be an exemplary 

15  education, service and research institution for 

16  the deaf and hard of hearing in metropolitan 

17  New York City and the nation; and 

18               "WHEREAS, The Lexington School has 

19  helped and continues to facilitate the deaf and 

20  hard of hearing in overcoming great barriers to 

21  learning, growing, and thriving in a complex 

22  world; and 

23               "WHEREAS, Lexington School for the 

24  Deaf was founded in 1864, when the first class of 

25  six children and an instructor convened at the 

                                                               3090

 1  home of Isaac and Hannah Rosenfeld; and 

 2               "WHEREAS, Due to constantly 

 3  increasing enrollment, the school moved several 

 4  times until it settled in 1882 at 904 Lexington 

 5  Avenue with 161 students.  In 1934, it officially 

 6  became the Lexington School for the Deaf; and 

 7               "WHEREAS, The Lexington School for 

 8  the Deaf continued to grow and, in 1968, its new 

 9  home was inaugurated on a seven-acre site at 

10  30th Avenue and 75th Street in Jackson Heights, 

11  Queens; and 

12               "WHEREAS, Today, the Lexington 

13  School for the Deaf is the largest school for the  

14  deaf in New York State, with its student body 

15  residing throughout the five boroughs of New York 

16  City; and 

17               "WHEREAS, In addition to its strong 

18  academic program, the Lexington School for the 

19  Deaf offers a broad range of physical and 

20  cultural education programs, including a highly 

21  regarded basketball team; and 

22               "WHEREAS, In the 1980s, the 

23  Lexington School for the Deaf became known as the 

24  Lexington School for the Deaf/Center for the Deaf 

25  after establishing several affiliate agencies to 

                                                               3091

 1  support the needs of deaf and hard-of-hearing 

 2  children and adults.  This included the Lexington 

 3  Center for Mental Health Services, the Lexington 

 4  Hearing and Speech Center, and the Lexington 

 5  Vocational Services, a New York State Education 

 6  Department-Vocational Services for Individuals 

 7  with Disabilities-funded program; and 

 8               "WHEREAS, The Lexington School for 

 9  the Deaf/Center for the Deaf developed a new 

10  approach to teaching in the mid-1990s.  It  

11  became the first Mediated Learning educational  

12  model in a school for the deaf, which earned it 

13  the federal designation of a Most Effective 

14  Practices school; and 

15               "WHEREAS, It is the sense of this 

16  Legislative Body that those who enhance the 

17  well-being and vitality of their community and 

18  have shown a long and sustained commitment to 

19  excellence certainly have earned our recognition 

20  and applause; now, therefore, be it 

21               "RESOLVED, That this Legislative 

22  Body pause in its deliberations to welcome the 

23  students and faculty of the Lexington School for 

24  the Deaf/Center for the Deaf as they visit 

25  Albany, New York, on May 22, 2012, and to wish 

                                                               3092

 1  them well in all their future endeavors; and be 

 2  it further 

 3               "RESOLVED, That a copy of this  

 4  resolution, suitably engrossed, be transmitted to 

 5  the Lexington School for the Deaf/Center for the 

 6  Deaf."

 7               ACTING PRESIDENT GRIFFO:   Senator 

 8  Peralta.

 9               SENATOR PERALTA:   Thank you, 

10  Mr. President.

11               The Lexington School for the 

12  Deaf/Center for the Deaf is a New York 

13  institution that has been serving the deaf and 

14  hard-of-hearing communities of the New York 

15  metropolitan area for nearly 150 years.  

16               Its special emphases are helping 

17  the deaf and the hard of hearing to realize their 

18  full potential in both the deaf and 

19  hard-of-hearing worlds, ensuring mastery of 

20  expressive and receptive communication skills by 

21  individuals at every point along the spectrum of 

22  deaf to hard of hearing; designing, constructing 

23  and using the evolving information technologies 

24  to the best advantage; and being a leading 

25  advocate for the deaf and hard-of-hearing 

                                                               3093

 1  communities.  

 2               The needs of Lexington students and 

 3  clients increasingly reflect the challenges posed 

 4  by society, with many living in poverty and 

 5  facing significant obstacles to accessing 

 6  healthcare and obtaining decent employment.  Many 

 7  are recently immigrants, for whom the complex 

 8  adjustment to life in the United States is made 

 9  more difficult because of deafness.  

10               Since its founding as a school, 

11  Lexington has evolved to offer vital services in 

12  a wide range of important issues.  The Lexington 

13  School provides education services.  There is the 

14  Lexington Center for Mental Health Services that 

15  includes an outpatient clinic and provides 

16  specialized infant, child, adult and family 

17  services.  The Lexington Vocational Services 

18  Center supports employment and independent living 

19  skills training for adults.  

20               The three Lexington Early 

21  Intervention programs provide referrals and 

22  service for families with young children who are 

23  deaf and hard of hearing.  Lexington also 

24  operates a licensed childcare and universal pre-K 

25  center that provides full daycare for children 

                                                               3094

 1  ages 12 months through pre-kindergarten.  

 2               The Lexington Hearing and Speech 

 3  Center offers community-based speech and 

 4  audiology services.  And there is also the Ralph 

 5  and Ricky Lauren Center for the Performing Arts.  

 6               For all of the wonderful work over 

 7  the course of all of these many years, Lexington 

 8  School for the Deaf/Center for the Deaf, please 

 9  accept our sincerest thanks for an important job 

10  extraordinarily well done.  

11               And I understand that there is a 

12  basketball game tonight.  And as usual, I ask all 

13  of the participants, please take it easy on my 

14  colleagues.  I know it's going to be very hard, 

15  but may best team win.  Enjoy tonight.

16               ACTING PRESIDENT GRIFFO:   Thank 

17  you, Senator Peralta.

18               Senator Oppenheimer.

19               SENATOR OPPENHEIMER:   Well, I 

20  would like to thank the Lexington School for the 

21  Deaf.  

22               As many of you in the chamber know, 

23  I have 11 members of my family who are deaf.  And 

24  my niece and nephew went through the Lexington 

25  School for the Deaf and have become exceedingly 

                                                               3095

 1  productive citizens.  My nephew is the head of 

 2  deaf education for New Mexico.  His daughter is 

 3  the deaf actress that you sometimes see on the 

 4  television screens.  My niece went on to be the 

 5  assistant head of the Rochester School for the 

 6  Deaf.

 7               They are people who without the 

 8  background that they had from when they were 

 9  almost infants, without the background of the 

10  Lexington School for the Deaf, they would not be 

11  the people that they are today, the productive 

12  people reaching out to help others who are deaf.  

13  So I could not be more appreciative of what Oscar 

14  did back then many years ago for my family.

15               Thank you.

16               ACTING PRESIDENT GRIFFO:   Thank 

17  you, Senator Oppenheimer.

18               The question is on the resolution. 

19  All in favor signify by saying aye.

20               (Response of "Aye.")

21               ACTING PRESIDENT GRIFFO:    

22  Opposed?  

23               (No response.)

24               ACTING PRESIDENT GRIFFO:   The 

25  resolution is adopted.

                                                               3096

 1               We would like to extend a warm 

 2  welcome to the students and faculty from the 

 3  Lexington School for the Deaf/Center for the 

 4  Deaf.  We thank you for being here, and we 

 5  appreciate your attendance.

 6               Let's give them our recognition.  

 7               (Applause.)

 8               ACTING PRESIDENT GRIFFO:   Senator 

 9  Fuschillo.

10               SENATOR FUSCHILLO:   Mr. President, 

11  Senator Peralta would like to open up this 

12  resolution for cosponsorship.  If someone does 

13  not wish to be a cosponsor, they should notify 

14  the desk.

15               ACTING PRESIDENT GRIFFO:   The 

16  resolution is open for cosponsorship.  If you 

17  choose not to be a cosponsor, please notify the 

18  desk.

19               Senator Fuschillo.

20               SENATOR FUSCHILLO:   On behalf of 

21  Senator Nozzolio, on page number 27 I offer the 

22  following amendments to Calendar Number 646, 

23  Senate Print Number 6171, and ask that said bill 

24  retain its place on Third Reading Calendar.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               3097

 1  amendments are received, and the bill shall 

 2  retain its place on third reading.

 3               SENATOR FUSCHILLO:   On behalf of 

 4  Senator Young, I move that the following bill be 

 5  discharged from its respective committee and be 

 6  recommitted with instructions to strike the 

 7  enacting clause:  Senate Print Number 2450A.

 8               ACTING PRESIDENT GRIFFO:   So 

 9  ordered.

10               Senator Fuschillo.

11               SENATOR FUSCHILLO:   Mr. President, 

12  may we now have the reading of the 

13  noncontroversial calendar.

14               ACTING PRESIDENT GRIFFO:   The 

15  Secretary will read.

16               THE SECRETARY:   Calendar Number 

17  43, by Senator Grisanti, Senate Print 3133B, an 

18  act to amend the Public Housing Law.

19               ACTING PRESIDENT GRIFFO:   Read the 

20  last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT GRIFFO:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               3098

 1               ACTING PRESIDENT GRIFFO:   Announce 

 2  the results.

 3               THE SECRETARY:   In relation to 

 4  Calendar Number 43, those recorded in the 

 5  negative are Senators Addabbo, Avella, Dilan, 

 6  Duane, Espaillat, Gianaris, Hassell-Thompson, 

 7  Kennedy, Krueger, Montgomery, Oppenheimer, 

 8  Rivera, Serrano, Squadron and Stewart-Cousins.  

 9               Ayes, 44.  Nays, 15.

10               ACTING PRESIDENT GRIFFO:   The bill 

11  is passed.

12               THE SECRETARY:   Calendar Number 

13  64, by Senator Ritchie, Senate Print 4717B, an 

14  act to amend the Penal Law.

15               ACTING PRESIDENT GRIFFO:   Read the 

16  last section.

17               THE SECRETARY:   Section 5.  This 

18  act shall take effect immediately.

19               ACTING PRESIDENT GRIFFO:   Call the 

20  roll.

21               (The Secretary called the roll.)

22               ACTING PRESIDENT GRIFFO:   Senator 

23  Ritchie to explain her vote.

24               SENATOR RITCHIE:   Mr. President, 

25  on January 30, 2009, 25-year-old volunteer EMT 

                                                               3099

 1  Mark Davis was fatally shot responding to an 

 2  urgent call.  He was one of those people who run 

 3  into dangerous situations when many of us are 

 4  running out.  

 5               This bill increases the penalty of 

 6  murdering a first responder in the line of duty.

 7               We had a petition up.  We received 

 8  over 2,000 signatures on it.  We have the support 

 9  of the state volunteer fire departments and the 

10  professional fire departments and the EMTs.  

11               Today with us we have the family in 

12  the gallery.  We have Mark's mother, Marsha; his 

13  father, Larry; brother, Brandon; and we also have 

14  his sister, Maricia.  And Maricia graduated from 

15  JCC on Friday night as a paramedic.  

16               So, Maricia, I'd like to say that 

17  your family's proud of you, I'm proud of you, and 

18  I'm sure Mark's proud of you.  It's amazing that 

19  you continued in this line after what happened to 

20  your brother.  And I'm sure that Mark is honored 

21  that this bill is named after him.

22               And Marsha, thank you for your 

23  advocacy on this bill.  Thank you for continuing 

24  to push and make sure that this came to the floor 

25  of the Senate.  And we appreciate all you did.  

                                                               3100

 1  And thank you again for coming all the way from 

 2  Florida today to make sure that this bill 

 3  passed.  

 4               And I vote aye on this bill, 

 5  Mr. President.  Thank you.

 6               ACTING PRESIDENT GRIFFO:   Senator 

 7  Ritchie to be recorded in the affirmative.

 8               We also would like to recognize the 

 9  presence of the family and thank you for your 

10  advocacy.  

11               Announce the results.

12               THE SECRETARY:   Ayes, 59.

13               ACTING PRESIDENT GRIFFO:   The bill 

14  is passed.

15               THE SECRETARY:   Calendar Number 

16  352, by Senator Fuschillo, Senate Print 6636, an 

17  act to amend the Vehicle and Traffic Law.

18               ACTING PRESIDENT GRIFFO:   Read the 

19  last section.

20               THE SECRETARY:   Section 18.  This 

21  act shall take effect on the 90th day.

22               ACTING PRESIDENT GRIFFO:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               ACTING PRESIDENT GRIFFO:   Senator 

                                                               3101

 1  Fuschillo to explain his vote.

 2               SENATOR FUSCHILLO:   Thank you very 

 3  much, Mr. President.  

 4               I want to thank my colleague 

 5  Senator Dilan for his partnership and leadership 

 6  with this piece of legislation.  

 7               What this bill does is it brings 

 8  back the intended purpose of Leandra's Law to 

 9  fulfill the wishes and dreams of Lenny Rosado.  

10               Since this was enacted in August of 

11  2010 till December of 2011, there have been more 

12  than 22,000 court-ordered ignition interlock 

13  systems.  Yet with unintended loopholes, defense 

14  attorneys have found, only about 6,000, 7,000 

15  individuals have actually had their ignition 

16  interlock installed in their car.  

17               The intended purpose of Leandra's 

18  Law was to require that all first-time offenders 

19  have an ignition interlock system in their car.  

20  This bill closes the loophole.  We have to urge 

21  the Assembly to adopt this legislation as well.  

22               I vote aye.

23               ACTING PRESIDENT GRIFFO:   Senator 

24  Fuschillo to be recorded in the affirmative.

25               Announce the results.

                                                               3102

 1               THE SECRETARY:   Ayes, 58.  Nays, 

 2  1.  Senator Hassell-Thompson recorded in the 

 3  negative.

 4               ACTING PRESIDENT GRIFFO:   The bill 

 5  is passed.

 6               THE SECRETARY:   Calendar Number 

 7  425, by Senator Ball, Senate Print 6090A, an act 

 8  to amend the Penal Law.

 9               ACTING PRESIDENT GRIFFO:   Read the 

10  last section.

11               THE SECRETARY:   Section 2.  This 

12  act shall take effect on the 90th day.

13               ACTING PRESIDENT GRIFFO:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 57.  Nays, 

17  2.  Senators Duane and Perkins recorded in the 

18  negative.

19               ACTING PRESIDENT GRIFFO:   The bill 

20  is passed.

21               THE SECRETARY:   Calendar Number 

22  657, by Senator Griffo, Senate Print 1505A, an 

23  act to amend the Tax Law.

24               ACTING PRESIDENT GRIFFO:   Read the 

25  last section.

                                                               3103

 1               THE SECRETARY:   Section 3.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT GRIFFO:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 59.

 7               ACTING PRESIDENT GRIFFO:   The bill 

 8  is passed.

 9               THE SECRETARY:   Calendar Number 

10  675, by Senator Saland, Senate Print 698, an act 

11  to amend the Highway Law.

12               ACTING PRESIDENT GRIFFO:   Read the 

13  last section.

14               THE SECRETARY:   Section 4.  This 

15  act shall take effect immediately.

16               ACTING PRESIDENT GRIFFO:   Call the 

17  roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 58.  Nays, 

20  1.  Senator Perkins recorded in the negative.  

21               ACTING PRESIDENT GRIFFO:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  709, by Senator Griffo, Senate Print 6020A, an 

25  act to amend the Penal Law.

                                                               3104

 1               ACTING PRESIDENT GRIFFO:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 5.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT GRIFFO:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Senator Rivera to 

 9  explain his vote.

10               SENATOR RIVERA:   Thank you, 

11  Mr. President.

12               I will be voting in the negative on 

13  this piece of legislation.  It is one of a few 

14  that we are going to be voting on today which I 

15  believe follow a pattern that is unfortunate in 

16  trying to establish -- introducing pieces of 

17  legislation which make certain that people that 

18  are incarcerated will never leave incarceration.

19               I certainly believe that we should 

20  be very careful about the process of having folks 

21  that have served their time -- we should take 

22  into consideration what certainly they have done 

23  to be incarcerated, but certainly what they have 

24  done since being incarcerated.

25               This is only one of two pieces of 

                                                               3105

 1  legislation that we're going to vote on today 

 2  that in my opinion go in the opposite direction 

 3  and want to make sure that anyone who is 

 4  incarcerated remains incarcerated for the rest of 

 5  their lives.  

 6               And I don't believe that that is 

 7  the correct way to go in policy overall.  It is 

 8  why I will be voting in the negative on this 

 9  piece of legislation.  

10               Thank you, Mr. President.

11               ACTING PRESIDENT GRIFFO:   Senator 

12  Rivera to be recorded in the negative.

13               Announce the results.

14               THE SECRETARY:   In relation to 

15  Calendar Number 709, those recorded in the 

16  negative are Senators Dilan, Duane, 

17  Hassell-Thompson, Krueger, Montgomery, Parker, 

18  Perkins, Rivera and Squadron.  

19               Ayes, 50.  Nays, 9.

20               ACTING PRESIDENT GRIFFO:   The bill 

21  is passed.

22               THE SECRETARY:   Calendar Number 

23  733, by Senator Fuschillo, Senate Print 5221A, an 

24  act to amend the Executive Law.

25               ACTING PRESIDENT GRIFFO:   Read the 

                                                               3106

 1  last section.

 2               THE SECRETARY:   Section 2.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT GRIFFO:   Call the 

 5  roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 58.  Nays, 

 8  1.  Senator Duane recorded in the negative.

 9               ACTING PRESIDENT GRIFFO:   The bill 

10  is passed.

11               THE SECRETARY:   Calendar Number 

12  737, substituted earlier by Member of the 

13  Assembly Brindisi, Assembly Print 8917, an act to 

14  amend the Executive Law.

15               ACTING PRESIDENT GRIFFO:   Read the 

16  last section.

17               THE SECRETARY:   Section 2.  This 

18  act shall take effect on the 30th day.

19               ACTING PRESIDENT GRIFFO:   Call the 

20  roll.

21               (The Secretary called the roll.)

22               THE SECRETARY:   Ayes, 59.

23               ACTING PRESIDENT GRIFFO:   The bill 

24  is passed.

25               THE SECRETARY:   Calendar Number 

                                                               3107

 1  751, by Senator Young, Senate Print 7136, an 

 2  act to --

 3               SENATOR FUSCHILLO:   Lay it aside 

 4  for the day.

 5               ACTING PRESIDENT GRIFFO:   The bill 

 6  is laid aside for the day.

 7               THE SECRETARY:   Calendar Number 

 8  754, by Senator Griffo, Senate Print 2418, an act 

 9  to amend the Environmental Conservation Law.

10               ACTING PRESIDENT GRIFFO:   Read the 

11  last section.

12               THE SECRETARY:   Section 2.  This 

13  act shall take effect on the 180th day.

14               ACTING PRESIDENT GRIFFO:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 57.  Nays, 

18  2.  Senators Duane and Espaillat recorded in the 

19  negative.

20               ACTING PRESIDENT GRIFFO:   The bill 

21  is passed.

22               THE SECRETARY:   Calendar Number 

23  768, by Senator Nozzolio, Senate Print 6844, an 

24  act to amend the Penal Law.

25               ACTING PRESIDENT GRIFFO:   Read the 

                                                               3108

 1  last section.

 2               THE SECRETARY:   Section 2.  This 

 3  act shall take effect on the 30th day.

 4               ACTING PRESIDENT GRIFFO:   Call the 

 5  roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 59.

 8               ACTING PRESIDENT GRIFFO:   The bill 

 9  is passed.

10               THE SECRETARY:   Calendar Number 

11  791, by Senator O'Mara, Senate Print 6988A, an 

12  act to amend the Real Property Law.

13               ACTING PRESIDENT GRIFFO:   Read the 

14  last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect January 1, 2013.

17               ACTING PRESIDENT GRIFFO:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 59.

21               ACTING PRESIDENT GRIFFO:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  793, by Senator Nozzolio, Senate Print 3249A, an 

25  act to amend the Executive Law.

                                                               3109

 1               ACTING PRESIDENT GRIFFO:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 5.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT GRIFFO:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               ACTING PRESIDENT GRIFFO:   Senator 

 9  Rivera to explain his vote.

10               SENATOR RIVERA:   Thank you, 

11  Mr. President.  

12               This is the second piece of 

13  legislation that we'll be voting on this day that 

14  is somewhat similar to the first one, at least in 

15  its general intention.  

16               What is particularly egregious 

17  about this piece of legislation is that it sets a 

18  standard of unanimity in a Parole Board hearing.  

19  I believe that certainly we should -- and I have 

20  spoken to many members of the Parole Board who 

21  certainly take their job very seriously and take 

22  into consideration what the incarcerated 

23  individual has done to be incarcerated to begin 

24  with.

25               However, if we believe in 

                                                               3110

 1  rehabilitation -- and I believe that in some 

 2  cases it absolutely does work -- and we have 

 3  somebody that has served for a long time, has 

 4  done everything that he or she needs to do while 

 5  incarcerated, has proven, at least inside prison, 

 6  that they have rehabilitated, and we still are 

 7  allowing for, say, a panel of three people -- for 

 8  two that believe very strongly that that person 

 9  should be set free, should be paroled, and then 

10  one person says absolutely not because of 

11  something that they did 30 years ago.

12               I do believe that this is the type 

13  of thing that moves us away from a direction of 

14  rehabilitation and more towards, as I said 

15  earlier, a model that puts someone that believes 

16  that anyone who is incarcerated should remain 

17  incarcerated for the rest of their lives.  

18               I do not think that this is good 

19  for policy, and I certainly don't think it is 

20  good for the individuals that are incarcerated.

21               And lest one of my colleagues 

22  points it out, I certainly am not forgetting 

23  about the victims.  But I do believe that in many 

24  cases people can be rehabilitated.  

25               And when they can be, they should 

                                                               3111

 1  be paroled.  This piece of legislation would make 

 2  that more difficult, and it is why I will be 

 3  voting in the negative.  

 4               Thank you, Mr. President.

 5               ACTING PRESIDENT GRIFFO:   Senator 

 6  Rivera to be recorded in the negative.

 7               Announce the results.

 8               THE SECRETARY:   In relation to 

 9  Calendar Number 793, those recorded in the 

10  negative are Senators Avella, Dilan, Duane, 

11  Gianaris, Hassell-Thompson, Krueger, Montgomery, 

12  Parker, Peralta, Perkins, Rivera, Squadron, 

13  Stavisky and Stewart-Cousins.

14               Ayes, 45.  Nays, 14.

15               ACTING PRESIDENT GRIFFO:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  795, by Senator Libous --

19               SENATOR FUSCHILLO:   Lay it aside 

20  for the day.

21               ACTING PRESIDENT GRIFFO:   Lay it 

22  aside for the day.

23               Senator Montgomery, why do you 

24  rise?

25               SENATOR MONTGOMERY:   Thank you.  

                                                               3112

 1  Mr. President, could you give me the status of 

 2  Calendar 768?

 3               ACTING PRESIDENT GRIFFO:   That is 

 4  a bill that's amended, I believe, Senator 

 5  Montgomery.  

 6               SENATOR MONTGOMERY:   I'm sorry, I 

 7  don't understand.

 8               ACTING PRESIDENT GRIFFO:   That 

 9  bill was amended at the beginning of session, 

10  Senator Montgomery.  Therefore, it was not before 

11  the body.  It's high and it requires three days 

12  to age.

13               SENATOR MONTGOMERY:   768?

14               ACTING PRESIDENT GRIFFO:   

15  Correct.  That is Senator Breslin's bill.

16               SENATOR MONTGOMERY:   No, no, no.

17               ACTING PRESIDENT GRIFFO:   Time 

18  out.  Excuse me.

19               SENATOR MONTGOMERY:   It was 

20  Senator Nozzolio's bill.  It's Calendar Number 

21  768, Senate Bill 6844.

22               ACTING PRESIDENT GRIFFO:   Calendar 

23  Number 768, Senate Bill 6844, was passed, Senator 

24  Montgomery.

25               SENATOR MONTGOMERY:   Okay, I just 

                                                               3113

 1  want to say that it went on a fast roll call.  

 2  I'm sitting right here, and somehow I'm recorded 

 3  as a yes on that bill.  It is definitely a no 

 4  vote for me.  That was absolutely -- I did not 

 5  hear that bill called.  

 6               And I believe there's other no 

 7  votes that were missed.  I'm not sure it was even 

 8  called.

 9               ACTING PRESIDENT GRIFFO:   Senator 

10  Fuschillo.  

11               SENATOR SQUADRON:   Mr. President.

12               ACTING PRESIDENT GRIFFO:   Senator 

13  Squadron.

14               SENATOR SQUADRON:   I would request 

15  unanimous consent to reopen the roll on 768.

16               ACTING PRESIDENT GRIFFO:   Senator 

17  Squadron has requested unanimous consent to 

18  reopen the roll.  Without objection?

19               SENATOR FUSCHILLO:   Without 

20  objection.

21               ACTING PRESIDENT GRIFFO:   There is 

22  no objection.

23               SENATOR MONTGOMERY:   Thank you, 

24  Mr. President.  I vote no.

25               ACTING PRESIDENT GRIFFO:   One 

                                                               3114

 1  second.

 2               SENATOR MONTGOMERY:   Oh, okay, I'm 

 3  sorry.

 4               ACTING PRESIDENT GRIFFO:   We're 

 5  reopening up the roll call.  

 6               The Secretary will call the roll on 

 7  reconsideration.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 59.

10               ACTING PRESIDENT GRIFFO:   All 

11  those in the negative please raise your hand.  

12               This is Calendar Number 768, by 

13  Senator Nozzolio, Senate Bill 6844.  Without 

14  objection, the vote has been opened and we've 

15  called the roll on reconsideration.

16               Announce the results.

17               THE SECRETARY:   In relation to 

18  Calendar 768, those recorded in the negative are 

19  Senators Dilan, Hassell-Thompson, Krueger, 

20  Montgomery, Oppenheimer, Parker, Perkins and 

21  Squadron.

22               Ayes, 51.  Nays, 8.

23               ACTING PRESIDENT GRIFFO:   The bill 

24  is passed.

25               Senate Bill 795 has been laid aside 

                                                               3115

 1  for the day by Senator Libous.  We're on Calendar 

 2  798.

 3               THE SECRETARY:   Calendar Number 

 4  798, by Senator Griffo, Senate Print 4927, an act 

 5  to amend the Banking Law.

 6               ACTING PRESIDENT GRIFFO:   Read the 

 7  last section.

 8               THE SECRETARY:   Section 2.  This 

 9  act shall take effect immediately.

10               ACTING PRESIDENT GRIFFO:   Call the 

11  roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 59.

14               ACTING PRESIDENT GRIFFO:   The bill 

15  is passed.

16               THE SECRETARY:   Calendar Number 

17  813, by Senator Golden, Senate Print 2147A, an 

18  act to amend the Public Health Law.

19               ACTING PRESIDENT GRIFFO:   Read the 

20  last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT GRIFFO:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               3116

 1               THE SECRETARY:   Ayes, 57.  Nays, 

 2  2.  Senators Montgomery and Perkins recorded in 

 3  the negative.

 4               ACTING PRESIDENT GRIFFO:   The bill 

 5  is passed.

 6               THE SECRETARY:   Calendar Number 

 7  815, by Senator Skelos, Senate Print 5145, an act 

 8  to amend the Public Health Law.

 9               ACTING PRESIDENT GRIFFO:   Read the 

10  last section.

11               THE SECRETARY:   Section 5.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT GRIFFO:   May I 

14  have some order, please.  

15               Call the roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 59.

18               ACTING PRESIDENT GRIFFO:   The bill 

19  is passed.

20               THE SECRETARY:   Calendar Number 

21  820, substituted earlier today by Member of the 

22  Assembly Brindisi, Assembly Print Number 9347, an 

23  act to amend the Public Health Law.

24               ACTING PRESIDENT GRIFFO:   Read the 

25  last section.

                                                               3117

 1               THE SECRETARY:   Section 2.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT GRIFFO:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 59.

 7               ACTING PRESIDENT GRIFFO:   The bill 

 8  is passed.

 9               THE SECRETARY:   Calendar Number 

10  821, by Senator Hannon, Senate Print 7149, an act 

11  to amend the Public Health Law.

12               ACTING PRESIDENT GRIFFO:   Read the 

13  last section.

14               THE SECRETARY:   Section 2.  This 

15  act shall take effect immediately.

16               ACTING PRESIDENT GRIFFO:   Call the 

17  roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 59.

20               ACTING PRESIDENT GRIFFO:   The bill 

21  is passed.

22               Senator Fuschillo, that concludes 

23  the noncontroversial reading of the calendar.

24               SENATOR FUSCHILLO:   Is there any 

25  other business at the desk, Mr. President?  

                                                               3118

 1               ACTING PRESIDENT GRIFFO:   There is 

 2  no further business.

 3               SENATOR FUSCHILLO:   There being no 

 4  further business, I move that we adjourn until 

 5  Wednesday, May 23rd, at 10:30 a.m.

 6               ACTING PRESIDENT GRIFFO:   On 

 7  motion, the Senate stands adjourned until 

 8  Wednesday, May 23rd, at 10:30 a.m. 

 9               Senate adjourned.  

10               (Whereupon, at 4:50 p.m., the Senate 

11  adjourned.)  

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