Regular Session - May 23, 2012
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 23, 2012
11 10:38 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR LEE ZELDIN, Acting President
19 FRANCIS W. PATIENCE, Secretary
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21
22
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT ZELDIN: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise.
6 (Whereupon, the assemblage rose
7 as the 10th Mountain Division Honor Guard
8 entered the chamber and presented colors.)
9 ACTING PRESIDENT ZELDIN: Please
10 repeat with me the Pledge of Allegiance.
11 (Whereupon, the assemblage
12 recited the Pledge of Allegiance to the Flag,
13 and the Honor Guard exited the chamber.)
14 ACTING PRESIDENT ZELDIN: In the
15 absence of clergy, I ask everyone to bow their
16 heads for a moment of silence.
17 (Whereupon, the assemblage
18 respected a moment of silence.)
19 ACTING PRESIDENT ZELDIN: The
20 reading of the Journal.
21 THE SECRETARY: In Senate,
22 Tuesday, May 22nd, the Senate met pursuant to
23 adjournment. The Journal of Monday, May 21st,
24 was read and approved. On motion, Senate
25 adjourned.
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1 ACTING PRESIDENT ZELDIN: Without
2 objection, the Journal stands approved as read.
3 Presentation of petitions.
4 Messages from the Assembly.
5 The Secretary will read.
6 THE SECRETARY: On page 39,
7 Senator Saland moves to discharge, from the
8 Committee on Environmental Conservation, Assembly
9 Bill Number 9791 and substitute it for the
10 identical Senate Bill Number 7106, Third Reading
11 Calendar 762.
12 And on page 46, Senator Martins
13 moves to discharge, from the Committee on Local
14 Government, Assembly Bill Number 4982 and
15 substitute it for the identical Senate Bill
16 Number 7213, Third Reading Calendar 837.
17 ACTING PRESIDENT ZELDIN:
18 Substitutions ordered.
19 Messages from the Governor.
20 Reports of standing committees.
21 Reports of select committees.
22 Communications and reports from
23 state officers.
24 Motions and resolutions.
25 Senator Libous.
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1 SENATOR LIBOUS: Thank you,
2 Mr. President.
3 Mr. President, I believe there's
4 a resolution at the desk by Senator Ritchie.
5 It's Resolution Number 4734. It was
6 previously adopted by the house on May 22nd.
7 May we please have the resolution read in its
8 entirety, and then if you could please call on
9 Senator Ritchie.
10 ACTING PRESIDENT ZELDIN: The
11 Secretary will read.
12 THE SECRETARY: Legislative
13 Resolution Number 4734, by Senator Ritchie,
14 memorializing Governor Andrew M. Cuomo to
15 proclaim May 23, 2012, as 10th Mountain
16 Division and Fort Drum Day in the State of
17 New York.
18 "WHEREAS, It is the sense of this
19 Legislative Body to support and promote the
20 historic and significant achievements of
21 Fort Drum and the United States Army 10th
22 Mountain Division; and
23 "WHEREAS, Attendant to such
24 concern, and in full accord with its
25 long-standing traditions, this Legislative
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1 Body is justly proud to memorialize
2 Governor Andrew M. Cuomo to proclaim May 23,
3 2012, as 10th Mountain Division and Fort Drum Day
4 in the State of New York; and
5 "WHEREAS, Fort Drum is the largest
6 United States Army post in the Northeastern
7 United States, with 19,987 soldiers and 4,614
8 civilian workers; and
9 "WHEREAS, Fort Drum is the largest
10 employer in Northern New York, with an economic
11 impact on the North Country and the State of
12 New York of $1.6 billion; and
13 "WHEREAS, Fort Drum traces its
14 roots to 1907, when the post was known as
15 Camp Hughes, after New York Governor Charles
16 Hughes, and later as Pine Camp, and was founded
17 in 1951 as Camp Drum, in honor of Lieutenant
18 General Hugh A. Drum, who commanded the First
19 Army during World War II, and was eventually
20 designated as Fort Drum in 1974; and
21 "WHEREAS, The 10th Mountain
22 Division, which earned special honor during
23 World War II fighting in the mountains of Italy
24 in some of the roughest terrain in the country,
25 and which was renowned for its expertise in
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1 mountain and winter warfare, was reactivated at
2 Fort Drum in 1985, as a rapid deployment combat
3 light infantry unit, dispatched to trouble spots
4 around the globe; and
5 "WHEREAS, Fort Drum continues to be
6 home to the United States Army 10th Mountain
7 Division (Light Infantry), which includes the
8 most deployed combat brigade in the United States
9 Army, with deployments to Operation Desert Storm,
10 Saudi Arabia; Operation Restore Hope and
11 Operation Continue Hope, Somalia; Operation
12 Uphold Democracy, Haiti; Operation Joint Forge
13 (Bosnia and Herzegovina); Operation Joint
14 Guardian, Kosovo; as well as hurricane relief
15 efforts inside the United States; and
16 "WHEREAS, The 10th Mountain
17 Division's three combat brigades at Fort Drum
18 have seen numerous deployments to both Iraq and
19 Afghanistan in support of Operation Iraqi Freedom
20 and Operation Enduring Freedom, in fighting the
21 nation's ongoing war against terrorism since
22 September 11, 2001; and
23 "WHEREAS, Fort Drum and the 10th
24 Mountain Division are commanded by Major General
25 Mark A. Milley and a dedicated cadre of officers
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1 whose commitment to our nation and our troops is
2 exemplary; and
3 "WHEREAS, The 10th Mountain
4 Division, throughout its operational history, has
5 been awarded six campaign streamers, including
6 two in World War II and four in the War on
7 Terrorism, as well as two unit decorations; and
8 "WHEREAS, Recipients of the
9 nation's highest military honor for valor, the
10 Medal of Honor, include two members of the
11 10th Mountain Division: Pfc. John D. Magrath,
12 for his actions at Castel d'Aiano, Italy, during
13 World War II, and Sfc. Jared Monti, who received
14 the honor posthumously in 2009 for his heroism in
15 Kunar Province, Afghanistan, as part of Operation
16 Enduring Freedom, and who is one of just six
17 Medal of Honor recipients since 2001, the start
18 of the global war on terrorism; and
19 "WHEREAS, Thousands of New York men
20 and women have passed through Fort Drum as
21 members of our armed forces -- the Army, National
22 Guard and Reserves -- showing service,
23 dedication, sacrifice, and commitment and living
24 up to the 10th Mountain Division motto 'Climb to
25 Glory'; now, therefore, be it
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1 "RESOLVED, That this Legislative
2 Body pause in its deliberations to recognize the
3 men and women here today from the 10th Mountain
4 Division -- Major Todd Clark, Second Lieutenant
5 Philip Cuiffo, Second Lieutenant Kaitlyn Fahsel,
6 Private First Class Kadeem Miller, Sergeant
7 Brandon Paronett, Sergeant Robert Zaccaria,
8 Corporal Ryan McNally, Staff Sergeant Matthew
9 Wilson, Staff Sergeant Michael Houck, Staff
10 Sergeant Christopher Morse, Sergeant Wesley
11 Smith, Specialist Adam Gramegna, Specialist
12 Miguel Campos, Sergeant Christopher Thaxton,
13 Sergeant First Class Renan Martinez, Command
14 Sergeant Major Rick Merritt, Colonel Noel
15 Nicolle, Lieutenant Colonel Webster Wright,
16 Lieutenant Colonel Christopher Bresko, and
17 Captain Ken Elgort -- and to memorialize
18 Governor Andrew M. Cuomo to proclaim May 23,
19 2012, as 10th Mountain Division and Fort Drum Day
20 in the State of New York; and be it further
21 "RESOLVED, That a copy of this
22 resolution, suitably engrossed, be transmitted to
23 The Honorable Andrew M. Cuomo, Governor of the
24 State of New York, and Major General Mark A.
25 Milley, Commanding General of Fort Drum and the
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1 10th Mountain Division."
2 ACTING PRESIDENT ZELDIN: Senator
3 Ritchie.
4 SENATOR RITCHIE: Thank you,
5 Mr. President.
6 I'm honored to welcome today the
7 commanding general and his representatives, the
8 10th Mountain Division, that are based out of
9 Fort Drum.
10 Commanding General Mark Milley and
11 these fine men and women come to educate us today
12 on Fort Drum. It's certainly fitting, since this
13 is Military Appreciation Month and Memorial Day
14 is right around the corner, when all Americans
15 remember the service and sacrifice of all these
16 brave men and women.
17 They, along with the West Point
18 representatives that were here, represent the
19 highest ideals of honor, service, and duty to
20 their country. I hope my colleagues will take
21 time to stop by the displays and to talk to some
22 of the men and women who are here today to hear
23 about their stories and share our encouragement
24 and support for all they do to defend our fine
25 country and help keep us safe.
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1 I'm proud to honor these men and
2 women. I'm certainly proud to represent them in
3 the 48th District. And I appreciate you coming
4 down today so that all my colleagues can have
5 firsthand knowledge of what wonderful men and
6 women you truly are. So thank you for coming.
7 And I'd also like to acknowledge
8 the Fort Drum Regional Liaison Organization is
9 here. We have a Gold Star Mother here with us
10 here today. And Senator Wright made the trip
11 down because he previously represented the 48th
12 and is still involved with Fort Drum.
13 So thank you all. Commanding
14 General Milley, it's truly a great honor to have
15 met you and to work with you to help make sure
16 that Fort Drum is successful and continues to be
17 all that it is.
18 Thank you.
19 ACTING PRESIDENT ZELDIN: Senator
20 Skelos.
21 SENATOR SKELOS: Thank you very
22 much, Mr. President.
23 I'd like to join Senator Ritchie in
24 welcoming you, and in particular General Milley,
25 as well as the other members who are here from
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1 Fort Drum.
2 General Milley has an outgoing
3 military record, 31 years of service including
4 working in the Pentagon and tours of Iraq and
5 Afghanistan. His record of exemplary leadership
6 has resulted in his command of the largest
7 military installation in the Northeast.
8 We are truly honored by your
9 presence in our historic chamber, and I thank all
10 of you for your cooperation in putting together
11 the display of military equipment in the LOB and
12 in Capitol Park.
13 Fort Drum is home to the famous
14 10th Mountain Division. Sometimes it feels like
15 we have to move mountains to get things done here
16 in Albany, but it pales in comparison to the
17 tremendous work and selfless service that you
18 give to our country.
19 Seven, seven soldiers from
20 Fort Drum have been awarded the Medal of Honor.
21 This truly exemplifies the tremendous courage and
22 bravery of all who serve to protect our freedoms
23 every day.
24 So again, we welcome you. And now,
25 with unanimous consent of the Senate, I'd like to
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1 ask the General if he would address the Senate
2 chamber at this time.
3 ACTING PRESIDENT ZELDIN: Without
4 objection, Major General Milley.
5 MAJOR GENERAL MILLEY: Well,
6 Mr. President and all the members of the Senate,
7 thanks very much for honoring us.
8 And thanks also to the Governor for
9 signing off on 23 May being 10th Mountain
10 Division Day in the great State of New York.
11 And particular thanks to
12 Senator Ritchie and her staff. I know she and
13 several others were the driving force behind this
14 recognition. And for all of us, all 40,000
15 soldiers and family members and Department of the
16 Army civilians at Fort Drum, we are deeply in
17 your debt for this recognition to us.
18 Also, to the veterans that are
19 assembled here, you don't have to go to Fort Drum
20 to see heroes and heroism. You can look around
21 in your own chamber. And amongst you are
22 veterans of the Philippines, the New Guinea
23 campaign. Amongst you are veterans of multiple
24 campaigns in the hill fights of Korea. Amongst
25 you are the veterans of the jungle fights along
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1 the Cambodian and Vietnamese border. And amongst
2 you are recent veterans of both Iraq and
3 Afghanistan.
4 Many of you have served in the
5 Army, the Navy, the Air Force and Marines in the
6 last years since World War II, and you also have
7 a great wealth of service. So we deeply
8 appreciate your service and your support to us.
9 And to those families and friends
10 and supporters of the Division, thank each and
11 every one of you for your continued support.
12 To my left are 15 soldiers, all
13 natives of New York, all representative of the
14 Division. And amongst them you'll see that you
15 have twelve deployments, in excess of
16 12 consecutive years of combat; two
17 Purple Hearts; two Awards for Valor; multiple
18 Bronze Stars. They represent the infantry, the
19 cavalry, intelligence, artillery, logistics, and
20 aviation. Three of them are officers; eight are
21 sergeants, the very backbone of our Army; and
22 four are junior soldiers.
23 I welcome each of you to get to
24 know your constituents that are in uniform and
25 take a moment to shake their hands.
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1 In addition to these 15, we brought
2 58 down here that are in a variety of static
3 displays outside, to show you a little taste of
4 what the Division's about. And I welcome you
5 also to shake their hands and get to know them a
6 bit.
7 A special welcome. In the upper
8 chamber to my right, in the white dress, is
9 Mrs. Dawn Esposito. She's a very special member
10 of our community. She's a Gold Star Mother from
11 Brentwood, New York. Her son, Sergeant Michael
12 Esposito, was killed in action as part of the
13 10th Mountain Division, Second Battalion,
14 22nd Infantry, in Afghanistan. And she
15 represents over 295 Gold Star Mothers from the
16 10th Mountain Division.
17 And, Dawn, thank you so much for
18 being here to represent everyone.
19 (Extended standing ovation.)
20 MAJOR GENERAL MILLEY: As many of
21 you know, and embedded within the resolution, the
22 10th Mountain Division is in fact the most
23 deployed division in the United States Army for
24 the last 20 years or so, since 1985, since we
25 were reactivated up at Fort Drum. We have in
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1 fact been the tip of the spear on anyone
2 intending to do harm to the United States.
3 The Division, as mentioned, was
4 originally conceived during World War II in order
5 to fight in the mountains and the snows of
6 Europe. And in fact they did that. And in 1944,
7 they deployed, and in January of '45 they entered
8 the Northern Apennines in Italy and fought
9 against the Nazi Gustav Line and brought the
10 Nazis to their knees and caused the general
11 collapse of the German front-line trace in
12 northern Italy.
13 Among those veterans were great
14 athletes, many from New York who fought in those
15 fights. At the conclusion of the war, those
16 veterans continued to pursue a variety of
17 endeavors. And if you go to Vail, Colorado,
18 Aspen, Sugarbush, if you go to Crystal Mountain,
19 Whiteface Mountain, if you go to many of the ski
20 resorts around the United States today, you will
21 find that they were founded by 10th Mountain
22 veterans.
23 And in 1985 we were reactivated
24 again, because the nation saw a need to rapidly
25 deploy with light infantry forces and have the
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1 potential for the president of the United States
2 to put boots on the ground at any crisis point on
3 the earth's surface. So we reactivated the
4 10th Mountain Division as a light infantry
5 division, and trained it. And we decided to put
6 it at Fort Drum.
7 And if you look at the headlines
8 from 1985 to today, you will see the Fort Drum
9 emblem, the 10th Mountain Division patch, and
10 soldiers from Northern New York deployed.
11 Whether it's hurricanes or earthquakes, whether
12 it's peacekeeping in the Sinai or peacemaking in
13 the Balkans, whether it's an intervention into
14 Haiti or whether it's trying to help the
15 humanitarian assistance and getting embroiled in
16 a fight in Somalia, or whether it's Iraq or
17 Afghanistan, to follow the 10th Mountain since
18 1985 is to visit every crisis spot that America
19 has been involved in.
20 In the last 11 years, the Division
21 has deployed five times as a division. And we've
22 deployed 28 deployments amongst our brigades. We
23 were the first conventional force to enter
24 Afghanistan very shortly after the tragic events
25 of 9/11. And that's appropriate, that an
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1 American infantry division led the way against
2 our enemies in Afghanistan. And it's doubly
3 appropriate that a division from New York led the
4 way, given that the enemies of our country
5 attacked this great state and murdered our fellow
6 citizens.
7 The soldiers of this division are
8 extremely well trained, motivated, and well led
9 by some of the most experienced junior leaders,
10 captains and sergeants and majors, that our
11 nation has ever known since World War II.
12 The 40,000 soldiers and families of
13 the 10th Mountain appreciate everything that you
14 have done, and we are eager to maintain that
15 relationship. With the important work that you
16 have to do here, we couldn't get you all up to
17 Drum, so we brought today some of Drum to you.
18 And I do hope that you'll get out
19 there and see them. It's very important that
20 you, the representatives of the people, maintain
21 close contact to we, the people's army. The
22 United States Army since 1775 has fought on
23 behalf of the American people. And it's
24 important that the American people and their
25 elected representatives stay connected to our
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1 force.
2 Mr. President, and to all the
3 Senators and ladies and gentlemen, thank you
4 again for this great opportunity. We will be
5 forever grateful that 23 May is 10th Mountain
6 Day.
7 And I ask that all of you keep in
8 your thoughts and prayers the thousand
9 10th Mountain soldiers that are still serving
10 today in Afghanistan.
11 Climb to Glory!
12 (Extended standing ovation.)
13 ACTING PRESIDENT ZELDIN: Senator
14 Libous.
15 SENATOR LIBOUS: Thank you,
16 Mr. President.
17 Major General Milley, that was an
18 outstanding address.
19 And I think what I would like to do
20 at this time, Mr. President, is pause for about
21 five minutes, because I think the members would
22 like to meet some of the soldiers that the Major
23 General has brought with him today.
24 So if the Senate could stand at
25 ease temporarily.
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1 ACTING PRESIDENT ZELDIN: The
2 Senate will stand at ease.
3 (Whereupon, the Senate stood at ease
4 at 10:58 a.m.)
5 SENATOR LIBOUS: Mr. President.
6 ACTING PRESIDENT ZELDIN: Senator
7 Libous.
8 SENATOR LIBOUS: Thank you,
9 Mr. President.
10 The Senate will reconvene in two
11 minutes.
12 (Whereupon, the Senate reconvened at
13 11:11 a.m.)
14 ACTING PRESIDENT ZELDIN: Senator
15 Libous.
16 SENATOR LIBOUS: Mr. President,
17 we're still on motions and resolutions, is that
18 correct?
19 ACTING PRESIDENT ZELDIN: That's
20 correct.
21 SENATOR LIBOUS: Okay. On the
22 resolution that was passed on May 22nd, I believe
23 that we'd like to open that up, at Senator
24 Ritchie's request.
25 So if there's any members who wish
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1 not to be on the resolution, let the desk know,
2 please.
3 ACTING PRESIDENT ZELDIN: I would
4 ask any member who wishes not to be on the
5 resolution to notify the desk.
6 Senator Libous.
7 SENATOR LIBOUS: Mr. President, I
8 have a number of motions that I need to go
9 through.
10 On behalf of Senator Skelos, on
11 page 14 I offer the following amendments to
12 Calendar Number 225, Senate Print 6297A, and I
13 ask that said bill retain its place on the Third
14 Reading Calendar.
15 ACTING PRESIDENT ZELDIN: The
16 amendments are received, and the bill will retain
17 its place on the Third Reading Calendar.
18 SENATOR LIBOUS: Thank you,
19 Mr. President.
20 On behalf of Senator Fuschillo, on
21 page 11 I offer the following amendments to
22 Calendar Number 67, Senate Print 525, and ask
23 that said bill retain its place on the Third
24 Reading Calendar.
25 ACTING PRESIDENT ZELDIN: The
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1 amendments are received, and the bill will retain
2 its place on the Third Reading Calendar.
3 SENATOR LIBOUS: And on behalf of
4 Senator Hannon, on page 21 I offer the following
5 amendments to Calendar Number 465, Senate Print
6 6742, and ask that said bill retain its place on
7 the Third Reading Calendar.
8 ACTING PRESIDENT ZELDIN: The
9 amendments are received, and the bill will retain
10 its place on the Third Reading Calendar.
11 SENATOR LIBOUS: On page 27, I
12 offer the following amendments, on behalf of
13 Senator Grisanti, on Calendar 594, Senate Print
14 6268A, and ask that said bill retain its place on
15 the Third Reading Calendar.
16 ACTING PRESIDENT ZELDIN: The
17 amendments are received, and the bill will retain
18 its place on the Third Reading Calendar.
19 SENATOR LIBOUS: On behalf of
20 Senator Seward, Mr. President, on page 12 I offer
21 the following amendments to Calendar Number 134,
22 Senate Print 5040, and ask that said bill retain
23 its place on the Third Reading Calendar.
24 ACTING PRESIDENT ZELDIN: The
25 amendments are received, and the bill will retain
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1 its place on the Third Reading Calendar.
2 SENATOR LIBOUS: And,
3 Mr. President, on behalf of Senator Zeldin, on
4 page 41 I offer the following amendments to
5 Calendar Number 781, Senate Print 7322, and ask
6 that said bill retain its place on the Third
7 Reading Calendar.
8 ACTING PRESIDENT ZELDIN: The
9 amendments are received, and the bill will retain
10 its place on the Third Reading Calendar.
11 Senator Libous.
12 SENATOR LIBOUS: Mr. President, at
13 this time I believe there's a resolution at the
14 desk by Senator Hassell-Thompson, Resolution
15 Number 4787. It was previously adopted by the
16 house on May 22nd.
17 May we have the title read, and I
18 believe Senator Hassell-Thompson would like to
19 make some comments.
20 ACTING PRESIDENT ZELDIN: The
21 Secretary will read.
22 THE SECRETARY: Legislative
23 Resolution Number 4787, by Senator
24 Hassell-Thompson, congratulating the Mount Vernon
25 High School Girls Track Team upon the occasion of
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1 capturing the New York State Indoor Track and
2 Field Championship.
3 ACTING PRESIDENT ZELDIN: Senator
4 Hassell-Thompson.
5 SENATOR HASSELL-THOMPSON: Thank
6 you, Mr. President.
7 I rise to congratulate our
8 Mount Vernon High School Girls Track Team, who
9 were unable to be with us here today because
10 they're taking final exams.
11 But I did want to make sure that
12 because of their win, and certainly because of
13 their hard work, I wanted to be sure that they
14 were honored today.
15 And I'm pleased to congratulate
16 also the team members: Lexus Harney, Robbi
17 Rogers, Shanice Cameron, and Tanaya Yarde. And
18 also to their coach, Head Coach Walter Hall, who
19 is a skilled and inspirational mentor. And we
20 have such great respect for his ability to not
21 only develop potential but also to create
22 excellence in our young women.
23 Thank you very much for this
24 opportunity to give a shout out for my high
25 school track team.
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1 ACTING PRESIDENT ZELDIN:
2 Congratulations to the Mount Vernon High School
3 Girls Track Team on capturing the New York State
4 Indoor Track and Field Championship.
5 Senator Libous.
6 SENATOR LIBOUS: Thank you,
7 Mr. President.
8 There's another resolution at the
9 desk by Senator Hassell-Thompson, Number 4789.
10 It was previously adopted by the house on
11 May 22nd.
12 Could you please read the title and
13 call on Senator Hassell-Thompson.
14 ACTING PRESIDENT ZELDIN: The
15 Secretary will read.
16 THE SECRETARY: Legislative
17 Resolution Number 4789, by Senator
18 Hassell-Thompson, congratulating the 2011-2012
19 Mount Vernon High School Boys Basketball Team
20 upon the occasion of capturing the New York State
21 Public High School Athletic Association's
22 Basketball Championship.
23 ACTING PRESIDENT ZELDIN: Senator
24 Hassell-Thompson.
25 SENATOR HASSELL-THOMPSON: Again,
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1 thank you, Mr. President.
2 Today I have the great honor of
3 welcoming and congratulating two state
4 championship teams from Mount Vernon High. And
5 of course you've heard from my track team, and
6 now you're going to hear about my wonderful
7 basketball team.
8 This state championship has been
9 occurring for the last 40 years. And if my
10 numbers are correct, I think that Mount Vernon
11 has won that championship 27 times. And we are
12 just so honored to have them here with us today,
13 along with their coach, Head Coach Bob Cimmino,
14 and Assistant Head Coach Brian Pritchett, and
15 Assistant Coaches Dwayne Murray, Paul Roland,
16 Patrick Theodule -- I'm going to mess these up,
17 I'm so sorry -- Richard Suozzo, Anthony Pavlacka,
18 as well as Yaccov Williams. I got the Williams
19 part right.
20 Their athletic trainers, Peter
21 Montpellier and Brian Gardener, and statisticians
22 John Nannariello -- and, you know, it goes on and
23 on and on. And I don't want to take up the time
24 from the congratulatory to the team itself. But
25 suffice it to say that they all came with the
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1 team today.
2 And the team members, Yhanni
3 Bartley, Isaiah Cousins, Jalen David, Joshua
4 Doughty, Gary Johnson, Givvion Jones, Jamel
5 Knott, Jamal Lewis, Qwadere Lovell, Jarrel
6 Marshall, Brandon Martin, Mark Mitchell, William
7 Robinson, Traquann Scales, and Randy Stephens.
8 And I read those names out to you
9 because someday, as we have with many of our
10 players in the past, you may hear their names as
11 MBA players.
12 And one of the things that makes
13 this team not only extraordinary on the field but
14 off the field and in the classroom, Coach Cimmino
15 demands that they have at least a 3.0 grade point
16 average. And if they don't, he beats them into
17 shape. And we help him.
18 And I also want to congratulate
19 Coach Cimmino upon the occasion of his induction
20 into the New York State Basketball Hall of Fame.
21 Since 1994, Coach Robert Cimmino has been the
22 Mount Vernon High School basketball coach and was
23 designated as the New York State Coach of the
24 Year for the seasons 2000, 2004, 2006, and 2007.
25 In 2000 he was also the Daily News-Madison Square
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1 Garden Coach of the Year.
2 And Coach Cimmino's Mount Vernon
3 teams have won the championship for -- these are
4 all the years that I've been here in the State
5 Senate -- 2000, 2004, 2006, 2007, 2011, and
6 2012. Eat your hearts out.
7 (Laughter.)
8 SENATOR HASSELL-THOMPSON: In
9 2011, Robert Cimmino was head coach at the
10 McDonald's All-American game in Chicago,
11 Illinois. And he also served in that capacity
12 during the 2010 NIKE Hoop Summit in Portland,
13 Oregon.
14 I could go on bragging about my
15 team forever and ever. But suffice it to say
16 that not only have the coaches come, the trainers
17 come, but also parents and members of our
18 community, including our high school principal,
19 Mr. Richard Gonzalez, and school board
20 member-elect Brenda Crump.
21 I take great pride in the young men
22 and women who attend Mount Vernon High School.
23 And certainly when they win championships, we
24 always encourage them not only to understand that
25 their own talent is being nurtured, but that of
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1 their community as well.
2 So again, with great pride I
3 welcome my basketball team from the City of
4 Mount Vernon, and the champions of the State of
5 New York, and congratulations on continuing to
6 outstanding in all the things that you do.
7 Thank you, Mr. President.
8 ACTING PRESIDENT ZELDIN:
9 Congratulations to the Mount Vernon Boys
10 Basketball Team. Welcome to the State Senate.
11 Good luck on all your future success.
12 It's great to have you, and please
13 enjoy the privileges of the house during your
14 visit. Congratulations.
15 (Applause.)
16 ACTING PRESIDENT ZELDIN: Senator
17 Libous.
18 SENATOR LIBOUS: Mr. President, at
19 this time would you call on Senator Griffo for
20 the purposes of a statement.
21 ACTING PRESIDENT ZELDIN: Senator
22 Griffo.
23 SENATOR GRIFFO: Thank you,
24 Mr. President.
25 I want to speak on a previously
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1 adopted resolution that was taken up in our
2 house. And we are very fortunate in our state to
3 have outstanding institutions of higher
4 education. And as a member of the Senate
5 Committee on Higher Education, I am privileged to
6 represent a number of universities in my
7 district.
8 And today it is an honor to have
9 with me the president of Hamilton College.
10 Hamilton College is celebrating their
11 bicentennial this year. This is truly a
12 remarkable accomplishment, and this is truly an
13 extraordinary university with an exceptional team
14 that runs the university.
15 Today we just want to pay our
16 respect and recognition to Hamilton, which was
17 really started in 1793 to educate the Oneida
18 Indians in our Central New York area by the
19 missionary Samuel Kirkland. And he presented a
20 proposal to then-President George Washington for
21 consideration and also got the Secretary of the
22 Treasury, Alexander Hamilton, who consented at
23 the time to be a trustee and to lend his name to
24 the school.
25 They have had a rich history since
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1 then. In fact, the first cornerstone was laid by
2 Baron von Steuben, who was at the time -- today
3 we're talking about and we had the honor of
4 having the Fort Drum and the 10th Mountain
5 Division here. Baron von Steuben was the
6 inspector general of the Continental Army at the
7 time when he laid the cornerstone in Clinton for
8 Hamilton College on July 1, 1794.
9 On May 26 of 1812, the official
10 charter was signed designating Hamilton College.
11 And since then the school has really been
12 renowned in its reputation. It is known as one
13 of the "Little Ivies." It is always ranked in
14 the top 25 of liberal arts colleges in our
15 country.
16 It is a college which is really a
17 pioneer in so many different areas and has been
18 the home to some very distinguished alumni.
19 Throughout its history, just a few that we may
20 recognize: Elihu Root, who was a former U.S.
21 Senator, Secretary of War, Secretary of State,
22 and winner of the 1912 Nobel Peace Prize -- who
23 actually was a resident and raised in Clinton,
24 New York, and attended Hamilton College.
25 As well as the former Vice
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1 President of the United States from the great
2 City of Utica, James Sherman, in 1878.
3 In contemporary times, as I said,
4 there are many, many distinguished alumni. But
5 A.J. Lafley, the former president and CEO of
6 Procter & Gamble and current chairman of the
7 board of trustees of the college, who I believe
8 was the commencement speaker. And then also Carl
9 Hayden, who we're all familiar with, the former
10 chancellor of the SUNY Board of Trustees as well
11 as the Board of Regents.
12 We are honored to have here today
13 the vice president of communications and
14 development, Richard Tantillo, but really honored
15 to have with us the president, Dr. Joan Hinde
16 Stewart.
17 She is a Brooklyn native, the 19th
18 president of the college. She's earned her Ph.D.
19 from Yale University. Glad that we brought you
20 to New York. She has been there for 10 years.
21 She is the first female president of the college,
22 so quite a distinguished honor and recognition of
23 her talent and skills.
24 And during her tenure she has
25 presided over a period of tremendous growth at
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1 this great college. The physical grounds have
2 undergone massive reinvestment; over $150 million
3 has been put into the university.
4 And even with such growth,
5 President Stewart has been recognized as a great
6 steward of the college's finances and has done
7 many, many great things to continue to enhance
8 and improve the reputation of this exceptional
9 college.
10 So today I ask the members of this
11 body to join me and rise and acknowledge Dr. Joan
12 Hinde Stewart, and to congratulate you on
13 celebrating 200 years of a rich history and a
14 continued commitment to the highest in education
15 principles and endeavors and really positioning
16 young people to give so much back to the
17 communities in which they go, evidenced by the
18 distinguished alumni that have graduated from
19 that university and that you continue to put
20 forth into our community.
21 So congratulations. Happy
22 bicentennial. And maybe Dr. Joan Hinde Stewart
23 would rise, please.
24 (Sustained applause.)
25 SENATOR GRIFFO: Thank you,
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1 Mr. President.
2 ACTING PRESIDENT ZELDIN:
3 President Joan Hinde Stewart and others from
4 Hamilton College, thank you for being here, and
5 please enjoy your day in the State Senate.
6 Senator Libous.
7 SENATOR LIBOUS: Mr. President, I
8 have a very important motion.
9 On behalf of Senator Libous, on
10 page 42 I offer the following amendments to
11 Calendar Number 795, Senate Print 3445A, and ask
12 that said bill retain its place on the Third
13 Reading Calendar.
14 ACTING PRESIDENT ZELDIN: The
15 amendments are received, and the bill will retain
16 its place on the Third Reading Calendar.
17 SENATOR LIBOUS: Mr. President, at
18 this time may we have the noncontroversial
19 reading of the calendar, please.
20 ACTING PRESIDENT ZELDIN: The
21 Secretary will read.
22 THE SECRETARY: Calendar Number
23 584, by Senator Ball, Senate Print 5034A, an act
24 to amend the Insurance Law.
25 ACTING PRESIDENT ZELDIN: Read the
3152
1 last section.
2 THE SECRETARY: Section 6. This
3 act shall take effect on the first of January.
4 ACTING PRESIDENT ZELDIN: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 56.
8 ACTING PRESIDENT ZELDIN: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 699, by Senator Seward, Senate Print 6313, an act
12 to amend Chapter 218 of the Laws of 2009.
13 ACTING PRESIDENT ZELDIN: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT ZELDIN: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 54. Nays,
21 2. Senators Avella and Ball recorded in the
22 negative.
23 ACTING PRESIDENT ZELDIN: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 702, by Senator Gallivan, Senate Print 6788A, an
2 act to amend Chapter 185 of the Laws of 2005.
3 ACTING PRESIDENT ZELDIN: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT ZELDIN: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 54. Nays,
11 2. Senators Avella and Ball recorded in the
12 negative.
13 ACTING PRESIDENT ZELDIN: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 703, by Senator Seward, Senate Print 6873, an act
17 to amend Chapter 549 of the laws of 2005.
18 ACTING PRESIDENT ZELDIN: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT ZELDIN: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 54. Nays,
3154
1 2. Senators Avella and Ball recorded in the
2 negative.
3 ACTING PRESIDENT ZELDIN: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 744, by Senator Griffo, Senate Print 7275, an act
7 to amend the Public Authorities Law.
8 ACTING PRESIDENT ZELDIN: Read the
9 last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect immediately.
12 ACTING PRESIDENT ZELDIN: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 55. Nays,
16 1. Senator Ball recorded in the negative.
17 ACTING PRESIDENT ZELDIN: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 762, substituted earlier by Member of the
21 Assembly Cahill, Assembly Print Number 9791, an
22 act to amend Chapter 748 of the Laws of 1991.
23 ACTING PRESIDENT ZELDIN: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3155
1 act shall take effect immediately.
2 ACTING PRESIDENT ZELDIN: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 56.
6 ACTING PRESIDENT ZELDIN: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 823, by Senator LaValle, Senate Print 806, an act
10 to amend the Town Law.
11 ACTING PRESIDENT ZELDIN: Read the
12 last section.
13 THE SECRETARY: Section 7. This
14 act shall take effect immediately.
15 ACTING PRESIDENT ZELDIN: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: In relation to
19 Calendar Number 823, those recorded in the
20 negative are Senators Addabbo, Avella, Gianaris,
21 Hassell-Thompson, Montgomery, Rivera, Serrano,
22 Squadron, Stavisky and Stewart-Cousins.
23 Ayes, 46. Nays, 10.
24 ACTING PRESIDENT ZELDIN: The bill
25 is passed.
3156
1 THE SECRETARY: Calendar Number
2 824, by Senator Skelos, Senate Print 4893B, an
3 act to authorize.
4 ACTING PRESIDENT ZELDIN: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT ZELDIN: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 55. Nays,
12 1. Senator O'Mara recorded in the negative.
13 ACTING PRESIDENT ZELDIN: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 828, by Senator Young, Senate Print 6585, an act
17 to authorize.
18 ACTING PRESIDENT ZELDIN: There is
19 a home-rule message at the desk.
20 Read the last section.
21 THE SECRETARY: Section 7. This
22 act shall take effect immediately.
23 ACTING PRESIDENT ZELDIN: Call the
24 roll.
25 (The Secretary called the roll.)
3157
1 THE SECRETARY: Ayes, 56.
2 ACTING PRESIDENT ZELDIN: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 830, by Senator DeFrancisco, Senate Print 6843A,
6 an act in relation to authorizing.
7 ACTING PRESIDENT ZELDIN: There is
8 a home-rule message at the desk.
9 Read the last section.
10 THE SECRETARY: Section 6. This
11 act shall take effect immediately.
12 ACTING PRESIDENT ZELDIN: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 56.
16 ACTING PRESIDENT ZELDIN: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 831, by Senator Hannon, Senate Print 6914B, an
20 act to authorize the assessor.
21 ACTING PRESIDENT ZELDIN: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT ZELDIN: Call the
3158
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 55. Nays,
4 1. Senator O'Mara recorded in the negative.
5 ACTING PRESIDENT ZELDIN: The bill
6 is passed.
7 THE SECRETARY: In relation to
8 Calendar Number 831: Ayes, 54. Nays, 2.
9 Senators Larkin and O'Mara recorded in the
10 negative.
11 ACTING PRESIDENT ZELDIN: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 836, by Senator Zeldin, Senate Print 7131, an act
15 to amend the Real Property Tax Law.
16 ACTING PRESIDENT ZELDIN: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT ZELDIN: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 56.
24 ACTING PRESIDENT ZELDIN: The bill
25 is passed.
3159
1 THE SECRETARY: Calendar Number
2 837, substituted earlier by Member of the
3 Assembly Galef, Assembly Print Number 4982, an
4 act to amend the Real Property Tax Law.
5 ACTING PRESIDENT ZELDIN: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT ZELDIN: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 56.
13 ACTING PRESIDENT ZELDIN: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 838, by Senator Farley, Senate Print 7242, an act
17 to authorize.
18 ACTING PRESIDENT ZELDIN: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT ZELDIN: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 53. Nays,
3160
1 3. Senators Bonacic, Larkin and O'Mara recorded
2 in the negative.
3 ACTING PRESIDENT ZELDIN: The bill
4 is passed.
5 Senator Libous, that completes the
6 noncontroversial reading of the calendar.
7 SENATOR LIBOUS: Mr. President, is
8 there any further business at the desk?
9 ACTING PRESIDENT ZELDIN: No,
10 there is not.
11 SENATOR LIBOUS: There being no
12 further business, I move that we adjourn until
13 Wednesday, May 30th, at 3:00 p.m., intervening
14 days being legislative days.
15 ACTING PRESIDENT ZELDIN: On
16 motion, the Senate stands adjourned until
17 Wednesday, May 30th, at 3:00 p.m., intervening
18 days being legislative days.
19 (Whereupon, at 11:33 a.m., the
20 Senate adjourned.)
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