Regular Session - May 23, 2012

                                                                   3119

 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

20  

21  

22  

23  

24  

25  

                                                               3120

 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.

                                                               3121

 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.

                                                               3122

 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 

                                                               3123

 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 

                                                               3124

 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 

                                                               3125

 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 

                                                               3126

 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 

                                                               3127

 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.  

                                                               3128

 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 

                                                               3129

 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 

                                                               3130

 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 

                                                               3131

 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.  

                                                               3132

 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 

                                                               3133

 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 

                                                               3134

 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 

                                                               3135

 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 

                                                               3136

 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.

                                                               3137

 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 

                                                               3138

 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 

                                                               3139

 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 

                                                               3140

 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 

                                                               3141

 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.

                                                               3142

 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, 

                                                               3143

 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 

                                                               3144

 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 

                                                               3145

 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 

                                                               3146

 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 

                                                               3147

 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 

                                                               3148

 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 

                                                               3149

 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 

                                                               3150

 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, 

                                                               3151

 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 

                                                               3153

 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.)

21

22

23

24

25