Regular Session - April 16, 2013

                                                                   1711

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   April 16, 2013

11                     3:34 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DAVID J. VALESKY, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               1712

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

 2                ACTING PRESIDENT VALESKY:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT VALESKY:   Would 

10   everyone please remain standing.

11                Senator Skelos.

12                SENATOR SKELOS:   Mr. President, we 

13   all know and have seen accounts of the cowardly 

14   terrorism that was committed on our neighbors 

15   and fellow United States citizens during the 

16   Boston Marathon.  

17                And at this time I'd ask us all to 

18   stand in a moment of prayer for those who lost 

19   their lives, for those who have been injured, 

20   for those families that will be traumatized for 

21   the rest of their lives.  May they find peace 

22   and may our government find those who 

23   perpetrated those horrible crimes and they be 

24   brought to justice.

25                ACTING PRESIDENT VALESKY:   Per 


                                                               1713

 1   Senator Skelos's request, a moment of silence.

 2                (Whereupon, the assemblage 

 3   respected a moment of silence.)

 4                ACTING PRESIDENT VALESKY:   Thank 

 5   you.  

 6                Our invocation today is by Pastor 

 7   Gilford Monrose, from Mount Zion Church of God 

 8   in Brooklyn.

 9                PASTOR MONROSE:   Let us pray.  

10                Our Father in Heaven, in Whom we 

11   live and move and have all being, as we take 

12   this moment to remember our fellow citizens in 

13   Boston who lost their lives, the injured, their 

14   family and friends, we look to You, O God, to 

15   have mercy on this nation and the great State of 

16   New York, our lawmakers who carry the burden to 

17   maintain our wonderful freedom.  

18                Grant us domestic tranquility in 

19   the face of reckless evil.  Arise, O God, and 

20   save us from ourselves.  

21                We pray for each member of the 

22   Senate -- the Speaker, Republicans and 

23   Democrats, both present and absent.  Give our 

24   lawmakers divine wisdom to pass laws that are 

25   moral, sound, and financially responsible.  We 


                                                               1714

 1   pray for their health and safety.  

 2                Help us to remember the poor among 

 3   us, not only the rich and the middle class.  Be 

 4   with us as we face the difficult times ahead.  

 5   May today's session be productive and pleasing 

 6   in Your sight.  

 7                And now let the words of our mouth 

 8   and the meditation of our hearts be acceptable 

 9   in Thy sight, O Lord, our Strength and our 

10   Redeemer.  

11                Amen.

12                ACTING PRESIDENT VALESKY:   The 

13   reading of the Journal.  

14                The Secretary will read.

15                THE SECRETARY:   In Senate, Monday, 

16   April 15th, the Senate met pursuant to 

17   adjournment.  The Journal of Friday, April 12th, 

18   was read and approved.  On motion, Senate 

19   adjourned.

20                ACTING PRESIDENT VALESKY:   Without 

21   objection, the Journal stands approved as read.  

22                Presentation of petitions.

23                Messages from the Assembly.

24                Messages from the Governor.

25                Reports of standing committees.


                                                               1715

 1                Reports of select committees.

 2                Communications and reports from 

 3   state officers.

 4                Motions and resolutions.

 5                Senator Libous.

 6                SENATOR LIBOUS:   Thank you, 

 7   Mr. President.

 8                Before I get into motions, I want to 

 9   welcome our shadows today.  We have a number of 

10   young people here today, sponsored by the League 

11   of Women Voters, and they are here to learn the 

12   legislative process.  

13                And they have spent some time in the 

14   Capitol, I know they've spent time with each of 

15   the members of this house, and they are now going 

16   to watch an orderly and productive session take 

17   place of the State Senate, and hopefully will 

18   actually learn from it.  

19                So I would ask my colleagues if we 

20   could just take a minute and gave a round of 

21   applause for our shadows today that are being 

22   sponsored by the League of Women Voters.

23                (Applause.)

24                ACTING PRESIDENT VALESKY:   Senator 

25   Libous.


                                                               1716

 1                SENATOR LIBOUS:   Thank you, 

 2   Mr. President.  I do have some motions.  

 3                On behalf of Senator DeFrancisco, I 

 4   move that the following bill be discharged from 

 5   its respective committee and be recommitted with 

 6   instructions to strike the enacting clause.  And 

 7   that would be Senate Print 4230.

 8                ACTING PRESIDENT VALESKY:   So 

 9   ordered.

10                SENATOR LIBOUS:   And on behalf of 

11   Senator Golden, Mr. President, I move that the 

12   following bill be discharged from its respective 

13   committee and be recommitted with instructions to 

14   strike the enacting clause:  Senate Print 4591, 

15   by Senator Golden.

16                ACTING PRESIDENT VALESKY:   So 

17   ordered.

18                SENATOR LIBOUS:   Mr. President, at 

19   this time I would like you to recognize Senator 

20   Carlucci to address the body.

21                ACTING PRESIDENT VALESKY:   Senator 

22   Carlucci.

23                SENATOR CARLUCCI:   Thank you, 

24   Mr. President.

25                It's an honor and a privilege to 


                                                               1717

 1   welcome back to the chamber Lauren Shields.  

 2   Lauren Shields is the recipient of a heart 

 3   transplant.  And thanks to the hard work and the 

 4   dedication here in this chamber and the work that 

 5   Lauren Shields has done over the last couple of 

 6   years, with your help we passed Lauren's Law.  

 7                And to put it into context, what is 

 8   Lauren's Law?  Well, right now in New York State 

 9   we have over 10,000 men, women and children 

10   currently waiting for a lifesaving organ 

11   transplant.  And unfortunately, in New York we 

12   lag behind almost every other state when it comes 

13   to the percentage of people enrolled in the organ 

14   donor program.  

15                In fact, when Lauren and I first 

16   teamed up almost three years ago, the percentage 

17   was at 18 percent.  Eighteen percent of eligible 

18   New Yorkers participated.  That's compared to 

19   42 percent on the national level.

20                Well, we figured we could do more.  

21   And thanks to Lauren Shields and the thousands of 

22   Laurens around the state and the advocates that 

23   are here today to promote organ donation, those 

24   numbers have increased.  We're now at 21 percent 

25   in New York State, and we're continuing to move 


                                                               1718

 1   forward.  

 2                But thanks to the work that you've 

 3   done here in passing Lauren's Law, that bill will 

 4   take effect at the end of this year.  And when 

 5   people go into the Department of Motor Vehicles, 

 6   they're going to be asked a question:  "Would you 

 7   like be a organ donor?  Yes or skip the 

 8   question."  And we believe by asking that 

 9   question and doing what other states have done, 

10   we're going to increase those numbers 

11   tremendously.

12                So it's an absolute honor and a 

13   privilege to have Lauren Shields back in the 

14   chamber.  Thank you for your hard work and 

15   dedication.  

16                We also have, right next to her, 

17   Jennifer Lentini.  Jennifer Lentini lives in 

18   Senator Hannon's district.  And Jennifer received 

19   a heart transplant when she was 13 years old.  

20   And now she's 30 years old, living in Long Island 

21   a productive, healthy life.  And it's so good to 

22   see you here today.  

23                So on behalf of Senator Hannon, on 

24   behalf of the Senate and all the New Yorkers that 

25   have received an organ transplant, that are 


                                                               1719

 1   waiting for an organ transplant, we say thank 

 2   you.

 3                So keep up the great work, and we 

 4   look forward to doing great things in this 

 5   chamber and partnering with you and the 

 6   advocates.  

 7                Thank you so much.

 8                (Applause.)

 9                ACTING PRESIDENT VALESKY:   Senator 

10   Skelos.

11                SENATOR SKELOS:  Yes, Mr. President, 

12   I'd like to mention that as of right now we are 

13   working with the Red Cross to see if blood 

14   donations will be necessary for Massachusetts.  

15   If they do inform us so, we will start a blood 

16   drive within the Senate.  

17                And I'd also like to wish my 

18   colleague Senator Tom Libous a happy birthday.

19                ACTING PRESIDENT VALESKY:   Happy 

20   birthday, Senator Libous.

21                (Applause.)

22                SENATOR LIBOUS:   It's good to be 

23   39.

24                (Laughter.)

25                ACTING PRESIDENT VALESKY:   Senator 


                                                               1720

 1   Libous.

 2                SENATOR LIBOUS:   I believe you 

 3   should at this time recognize Senator O'Brien to 

 4   address the body, and then Senator Gianaris.

 5                ACTING PRESIDENT VALESKY:   Senator 

 6   O'Brien.

 7                SENATOR O'BRIEN:   Thank you, 

 8   Mr. President, for this brief opportunity to 

 9   introduce to everyone in this chamber some very 

10   dear friends of mine.  

11                Vinnie and Jennifer Esposito have 

12   traveled here from Rochester today.  They're in 

13   Albany in recognition of their efforts to 

14   highlight and bring public awareness to something 

15   called congenital diaphragmatic hernia.  

16                They're traveling with Heather 

17   Goetzman, a nurse practitioner for pediatric 

18   surgery, who worked with their daughter, Amazing 

19   Grace Esposito, during her entire and all too 

20   short life.  And they're also here today with 

21   Despina Mitchell, whose son is a CDH survivor.  

22                And I'd ask you to recognize them.  

23   If you'd please stand, our traveling tandem 

24   there.  Thank you for being here.

25                Congenital diaphragmatic hernia 


                                                               1721

 1   affects as many as 1,600 infants annually in the 

 2   United States with substantial and frequently 

 3   fatal pulmonary, gastrointestinal and 

 4   developmental consequences.  And despite a 

 5   frequency as great as cystic fibrosis and spina 

 6   bifida, CDH is relatively unknown.  

 7                And the Espositos have used their 

 8   somewhat public profile in the Rochester area to 

 9   greatly increase awareness of CDH, and also 

10   should be commended as their own individual 

11   efforts have led to an amount that nears $100,000 

12   for the Golisano Children's Hospital in 

13   Rochester.  

14                And I'd ask my colleagues to join me 

15   in thanking them for their efforts on all of our 

16   behalf.  Thank you.

17                (Applause.)

18                ACTING PRESIDENT VALESKY:   Senator 

19   Gianaris on the same topic.

20                SENATOR GIANARIS:   Thank you, 

21   Mr. President.

22                At a time when the nation is riveted 

23   by the loss of a child, among others, in Boston, 

24   I do want to join my colleague Senator O'Brien in  

25   welcoming Vinnie and Jennifer to our chamber.  


                                                               1722

 1   They are dear friends and have gone through a 

 2   loss of their own that they have handled with 

 3   dignity, with respect, and with a purpose, which 

 4   is why they are here advocating for such an 

 5   important cause today.  

 6                And I didn't want to let the 

 7   opportunity pass without lending my words of 

 8   welcome to them as well.

 9                ACTING PRESIDENT VALESKY:   Thank 

10   you, Senator Gianaris.  

11                Senator Libous.

12                SENATOR LIBOUS:   Thank you, 

13   Mr. President.  

14                I believe there's a privileged 

15   resolution by Senator Little, Number 1226, at the 

16   desk.  I'd ask that you read it in its entirety 

17   and then, before its adoption, if you would call 

18   on Senator Little.

19                ACTING PRESIDENT VALESKY:   The 

20   Secretary will read.

21                THE SECRETARY:   Legislative 

22   Resolution Number 1226, congratulating the Lake 

23   George Varsity Boys Basketball Team upon the 

24   occasion of capturing the 2013 New York State 

25   Class C Championship.  


                                                               1723

 1                "WHEREAS, Excellence and success in 

 2   competitive sports can be achieved only through 

 3   strenuous practice, team play and team spirit, 

 4   nurtured by dedicated coaching and strategic 

 5   planning; and

 6                "WHEREAS, Athletic competition 

 7   enhances the moral and physical development of 

 8   the young people of this state, preparing them 

 9   for the future by instilling in them the value  

10   of teamwork, encouraging a standard of healthy 

11   living, imparting a desire for success, and 

12   developing a sense of fair play and competition; 

13   and 

14                "WHEREAS, The Lake George Varsity 

15   Boys Basketball Team captured the Class C 

16   New York State Public High School Athletic 

17   Association Boys Basketball Championship with a 

18   55-45 upset win over No. 1 Pine Plains at the 

19   Glens Falls Civic Center; and 

20                "WHEREAS, Outsized, the Lake George 

21   Warriors overcame the substantial height 

22   advantage of Pine Plains and defeated the Bombers 

23   in front of 5,000 fans; and 

24                "WHEREAS, The athletic talent 

25   displayed by the 2012-2013 Lake George Varsity 


                                                               1724

 1   Boys Basketball Team is due in great part to the 

 2   efforts of Head Coach Dave Jones, a skilled and 

 3   inspirational mentor, respected for his ability 

 4   to develop potential into excellence; and 

 5                "WHEREAS, The team's undefeated 

 6   record is outstanding, and the team members were 

 7   loyally and enthusiastically supported by family, 

 8   fans, friends and the community at large; and 

 9                "WHEREAS, The hallmarks of the 

10   2012-2013 Lake George Varsity Boys Basketball  

11   Team, from the opening game of the season to 

12   capturing the Class C New York State Public High 

13   School Athletic Association Boys Basketball 

14   Championship, were a brotherhood of athletic 

15   ability, of good sportsmanship, of honor and of 

16   scholarship, demonstrating that these team 

17   players are second to none; and 

18                "WHEREAS, Athletically and 

19   academically, the team members have proven 

20   themselves to be an unbeatable combination of 

21   talents, reflecting favorably on their school and 

22   community; and 

23                "WHEREAS, Sports competition 

24   instills the values of teamwork, pride and 

25   accomplishment.  Head Coach Dave Jones and the 


                                                               1725

 1   2012-2013 Lake George Varsity Boys Basketball 

 2   Team's outstanding athletes have clearly made a 

 3   contribution to the spirit of excellence which is 

 4   a tradition of their school; now, therefore, be 

 5   it 

 6                "RESOLVED, That this Legislative 

 7   Body pause in its deliberations to congratulate 

 8   the 2012-2013 Lake George Varsity Boys Basketball 

 9   Team; its members:  Tyler Brown, Kyle Jones, 

10   Joel Wincowski, Zack Zayachek, Andrew Zibro, 

11   Tyler Prime, Connor McCoy, Alex Labruzzo, 

12   Greg Rosenthal, Ethan Wincowski, Matt Bureau, 

13   Duncan Mularz, Nate Fidd and Jeff Naftaly; 

14   Head Coach Dave Jones, Assistant Coaches Tim 

15   Kissane, Greg Luckenbaugh and Blake White, and 

16   Manager Willie Arnold, on their New York State 

17   Class C Championship, their outstanding season 

18   and league championship, and their overall team 

19   record; and be it further 

20                "RESOLVED, That copies of this  

21   resolution, suitably engrossed, be transmitted to  

22   the 2012-2013 Lake George Varsity Boys Basketball 

23   Team and to Head Coach Dave Jones."

24                ACTING PRESIDENT VALESKY:   Senator 

25   Little on the resolution.


                                                               1726

 1                SENATOR LITTLE:   Thank you, 

 2   Mr. President.

 3                Everyone's heard me stand and 

 4   congratulate basketball teams as they won the 

 5   New York State championship in Glens Falls, 

 6   New York, where we have our own March Madness -- 

 7   and we had it this year from March 15th to 

 8   March 17th.  We have hosted the New York State 

 9   High School Basketball Tournament, as I said, for 

10   33 years.  And in all those years that I've been 

11   in the Legislature, I have never had a team that 

12   won the championship.

13                So this year I ask you to join me as 

14   I recognize not one team who won a state 

15   championship from my district, but two teams.  

16                We're going to begin, if we can, 

17   with the Class C Championship New York State Boys 

18   Basketball Team.  As it was said, they played 

19   Pine Plains.  They won the championship game.  

20                Joel Wincowski is the MVP for the 

21   Class C Tournament.  And Joel in that particular 

22   game, the championship game, scored 33 points, 

23   six steals, four rebounds, and four assists.  But 

24   he had plenty of help from his teammates as well 

25   in a fairly low-scoring game but with a lot of 


                                                               1727

 1   defense and coming off with a 10-point win.  He 

 2   was named MVP.  Incidentally, he scored his 

 3   thousandth point as a sophomore at Lake George 

 4   High School.  

 5                He's joined by Connor McCoy, who won 

 6   the Sportsmanship Award, and his brother Ethan, 

 7   who is captain of the team, who was named to the 

 8   All-Tourney Team, Ethan Wincowski.  

 9                They had 5,000 fans -- most of them 

10   were Lake George fans at that game.  And they 

11   were honored by the Village of Lake George, which 

12   I think was the first ticker-tape parade in the 

13   Village of Lake George.  I was able to attend 

14   that.  

15                As much as I love this basketball 

16   tournament, I had a son who decided to get 

17   married that weekend in New York City, so I did 

18   not get to see the games but did watch on 

19   television.  

20                Their head coach, Dave Jones, was 

21   named the Post-Star Coach of the Year.  

22                And I would ask you to join me and 

23   would ask the team members to stand as I call 

24   their names and we honor them.  Tyler Brown, Kyle 

25   Jones, Joel Wincowski, Zack Zayachek, Andrew 


                                                               1728

 1   Zibro, Tyler Prime, Connor McCoy, Alex Labruzzo, 

 2   Greg Rosenthal, Ethan Wincowski, Matt Bureau, 

 3   Duncan Mularz, Nate Fidd, Jeff Naftaly, Manager 

 4   Willie Arnold, and their coaches:  Head Coach 

 5   Dave Jones, Tim Kissane, Greg Luckenbaugh, and 

 6   Blake White.

 7                They had a great season and a 

 8   tremendous amount of teamwork on their part, and 

 9   excellent coaching by the coaching staff.  As was 

10   said, they never expected in their first game 

11   that they would end up with the New York State 

12   Boys Championship.  But congratulations to the 

13   team.  

14                And I'm sure anyone who would like 

15   to join in the resolution honoring them is more 

16   than welcome.  

17                Congratulations.  

18                (Applause.)

19                ACTING PRESIDENT VALESKY:   Senator 

20   DeFrancisco on the resolution.

21                SENATOR DeFRANCISCO:   Just very 

22   briefly, being from Syracuse, New York, where we 

23   have all kinds of champions in basketball and 

24   everything else -- it's the Sports Capital of the 

25   world --


                                                               1729

 1                (Laughter.)

 2                SENATOR DeFRANCISCO:   -- I just had 

 3   to rise and congratulate all of you.  

 4                There's two things I wanted to 

 5   mention.  The first thing that jumped out at me 

 6   in this resolution, it says:  "WHEREAS, Outsized, 

 7   the Lake George Warriors overcame a substantial 

 8   height advantage."  I can relate to that.

 9                (Laughter.)

10                SENATOR DeFRANCISCO:   And it's very 

11   important to be quick.  And when we outsized 

12   people fall, we don't get hurt because we're 

13   closer to the ground.  So we keep getting up.

14                Secondly, I'm happy that there's two 

15   teams in Senator Little's district, because we've 

16   heard about Jimmy Fredette for the last 

17   10 years.  

18                (Laughter.)

19                SENATOR DeFRANCISCO:   Jimmer.  

20   Jimmer, excuse me.

21                So now we've got some new heroes 

22   that we can praise.  And congratulations on your 

23   great work.

24                ACTING PRESIDENT VALESKY:   The 

25   question is on the resolution.  All in favor 


                                                               1730

 1   signify by saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT VALESKY:   Opposed, 

 4   nay.

 5                (No response.)

 6                ACTING PRESIDENT VALESKY:   The 

 7   resolution is adopted.

 8                Congratulations to the Lake George 

 9   Varsity Boys Basketball Team.

10                Senator Libous.

11                SENATOR LIBOUS:   Mr. President and 

12   Senator DeFrancisco, Senator Little would like 

13   you to know that she will open this up for 

14   sponsorship.  And if members don't want to be on 

15   it, then they can tell the desk that they don't 

16   want to be on it.

17                At this time I believe there's 

18   another privileged resolution at the desk by 

19   Senator Little, Number 1227, and I ask that we 

20   read it in its entirety.

21                ACTING PRESIDENT VALESKY:   The 

22   Secretary will read.

23                THE SECRETARY:   Legislative 

24   Resolution Number 1227, by Senator Little, 

25   congratulating the Argyle Varsity Boys Basketball 


                                                               1731

 1   Team upon the occasion of capturing the 2013 

 2   New York State Class D Championship.  

 3                "WHEREAS, Excellence and success in 

 4   competitive sports can be achieved only through 

 5   strenuous practice, team play and team spirit, 

 6   nurtured by dedicated coaching and strategic 

 7   planning; and 

 8                "WHEREAS, Athletic competition 

 9   enhances the moral and physical development of 

10   the young people of this state, preparing them 

11   for the future by instilling in them the value of 

12   teamwork, encouraging a standard of healthy 

13   living, imparting a desire for success, and 

14   developing a sense of fair play and competition; 

15   and 

16                "WHEREAS, The Argyle Varsity Boys 

17   Basketball Team captured the Class D New York 

18   State Public High School Athletic Association 

19   Boys Basketball Championship with a 58-33 win 

20   over Martin Luther King of Hastings-on-Hudson at 

21   the Glens Falls Civic Center; and 

22                "WHEREAS, Capping a perfect 24-0 

23   season, the Scots of Argyle won their first 

24   New York State Class D Championship.  The game 

25   was close in the beginning, but the Scots used a 


                                                               1732

 1   furious charge through the third quarter to 

 2   finish in dominating fashion; and 

 3                "WHEREAS, The athletic talent 

 4   displayed by the 2012-2013 Argyle Varsity Boys 

 5   Basketball Team is due in great part to the 

 6   efforts of Head Coach Jack Sherwin, a skilled and 

 7   inspirational mentor, respected for his ability 

 8   to develop potential into excellence; and 

 9                "WHEREAS, The team's undefeated 

10   record is outstanding, and the team members were 

11   loyally and enthusiastically supported by family, 

12   fans, friends and the community at large; and 

13                "WHEREAS, The hallmarks of the 

14   2012-2013 Argyle Varsity Boys Basketball Team, 

15   from the opening game of the season to capturing 

16   the Class D New York State Public High School 

17   Athletic Association Boys Basketball 

18   Championship, were a brotherhood of athletic 

19   ability, of good sportsmanship, of honor and of 

20   scholarship, demonstrating that these team 

21   players are second to none; and 

22                "WHEREAS, Athletically and 

23   academically, the team members have proven 

24   themselves to be an unbeatable combination of 

25   talents, reflecting favorably on their school and 


                                                               1733

 1   community; and 

 2                "WHEREAS, Sports competition 

 3   instills the values of teamwork, pride and 

 4   accomplishment.  Head Coach Jack Sherwin and the 

 5   2012-2013 Argyle Varsity Boys Basketball Team's 

 6   outstanding athletes have clearly made a 

 7   contribution to the spirit of excellence which is 

 8   a tradition of their school; now, therefore, be 

 9   it 

10                "RESOLVED, That this Legislative 

11   Body pause in its deliberations to congratulate 

12   the 2012-2013 Argyle Varsity Boys Basketball 

13   Team, its members James Bristol, Greg Haskins, 

14   Jake Horton, Jon Jehring, Brock Liddle, 

15   Joey Lufkin, Del Pryce, Aaron Rosati, 

16   Brett Schmaler and Riley Schmaler, with Managers 

17   Peyton Lufkin and Tyler Humiston and Head Coach 

18   Jack Sherwin and Coach Dave Clatworthy, on their 

19   New York State Class D Championship, their 

20   outstanding season and league championship, and 

21   their overall team record; and be it further 

22                "RESOLVED, That copies of this  

23   resolution, suitably engrossed, be transmitted to 

24   the 2012-2013 Argyle Varsity Boys Basketball Team 

25   and to Head Coach Jack Sherwin."


                                                               1734

 1                ACTING PRESIDENT VALESKY:   Senator 

 2   Little on the resolution.

 3                SENATOR LITTLE:   Thank you, 

 4   Mr. President.

 5                While the Lake George team began the 

 6   season not even thinking about being the state 

 7   champion, but hoping it, the Argyle basketball 

 8   team, which has won the Class D Boys 

 9   Championship, began the season as the 

10   number-one-ranked team in Class D in New York 

11   State.  So they had something much more that they 

12   had to keep up with to make it to the finals, to 

13   make it to Glens Falls Civic Center.  

14                They had the number-one ranking all 

15   season long.  They ended the season at 24 and 0, 

16   being totally undefeated in every game they 

17   played.  This is the first time that Argyle has 

18   won the state championship, although not the 

19   first that they have made it to the finals.  They 

20   were there in 1979, 1991, and then being the 

21   winner here in 2013.  And we're really proud to 

22   have them there.  

23                I will tell you that Argyle is a 

24   very small town, but I don't think there was 

25   anyone in Argyle that did not attend their 


                                                               1735

 1   basketball games.  I actually tried to go to the 

 2   regional final, which was the Argyle and 

 3   Madrid-Waddington game, and I couldn't get in -- 

 4   and I was there 10 minutes ahead of time -- 

 5   because the place was absolutely packed, as was 

 6   the Civic Center when they played there.  

 7                We're honoring the team today for 

 8   their entire teamwork.  In this particular game, 

 9   although the score sounds very lopsided, 58 to 

10   33, playing Martin Luther King High School from 

11   Hastings-on-Hudson, at halftime Argyle was only 

12   ahead by two points.  So I'd love to hear a tape 

13   of what went on in the locker room during that 

14   halftime, but they came out and at one point did 

15   a 12-to-0 run within three minutes and really 

16   cemented their win on the game.  

17                Joey Lufkin was their MVP, scoring 

18   27 points in that game, and he really played the 

19   season very, very well and had a tremendous 

20   following.  Brock Liddle -- and I have to tell 

21   you that's Liddle with a "dd," not "tt" -- is the 

22   Sportsmanship Awardee of the Year for Class D.  

23   And Del Pryce was also on the All-Tourney Team.  

24                So I would ask you to join me in 

25   honoring them, and I will call out their names 


                                                               1736

 1   and ask them to stand as we go forward.  James 

 2   Bristol, Greg Haskins, Jake Horton, Jon Jehring, 

 3   Brock Liddle, Joey Lufkin, Del Pryce, Aaron 

 4   Rosati, Brett Schmaler, Riley Schmaler, and our 

 5   managers Peyton Lufkin and Tyler Humiston, and 

 6   their coach, long-time Head Coach Jack Sherwin, 

 7   who took the 1991 team to the finals, made it as 

 8   runner-up, and Coach Dave Clatworthy.  

 9                Believe me, the Town of Argyle is 

10   extremely proud of them, as is the entire school 

11   district, as I am as well.  But this is a major 

12   achievement.  

13                And it's interesting that both 

14   teams are part of the Adirondack League.  So it's 

15   quite an accomplishment to have two teams, Class 

16   C champions, Class D champions, all from one 

17   area.  

18                But thank you very much for being 

19   here, and thank you for joining me.

20                (Applause.)

21                ACTING PRESIDENT VALESKY:   The 

22   question is on the resolution.  All in favor 

23   signify by saying aye.

24                (Response of "Aye.")

25                ACTING PRESIDENT VALESKY:   Opposed, 


                                                               1737

 1   nay.

 2                (No response.)

 3                ACTING PRESIDENT VALESKY:   The 

 4   resolution is adopted.

 5                Congratulations to the Argyle 

 6   Varsity Boys Basketball Team.

 7                Senator Libous.

 8                SENATOR LIBOUS:   Mr. President, I 

 9   believe, Senator Little, you would like to open 

10   this resolution up.  So all members will be 

11   placed on the resolution.  If you choose not to 

12   be on, please let the desk know.

13                ACTING PRESIDENT VALESKY:   Senator 

14   Libous.

15                SENATOR LIBOUS:   I believe at this 

16   time Senator Breslin has a resolution, 

17   Number 1178, at the desk.  I ask that it be read 

18   in its entirety and that you call on 

19   Senator Breslin before its adoption.

20                ACTING PRESIDENT VALESKY:   The 

21   Secretary will read.

22                THE SECRETARY:   Legislative 

23   Resolution Number 1178, by Senator Breslin, 

24   congratulating the College of St. Rose Women's 

25   Soccer Team upon the occasion of its outstanding 


                                                               1738

 1   2012 season.  

 2                "WHEREAS, Excellence and success in 

 3   competitive sports can be achieved only through 

 4   strenuous practice, team play and team spirit, 

 5   nurtured by dedicated coaching and strategic 

 6   planning; and 

 7                "WHEREAS,  Athletic competition 

 8   enhances the moral and physical development of 

 9   the young people of this state, preparing them 

10   for the future by instilling in them the value of 

11   teamwork, encouraging a standard of healthy 

12   living, imparting a desire for success, and 

13   developing a sense of fair play and competition; 

14   and 

15                "WHEREAS, The 2012 College of 

16   St. Rose Women's Soccer Team compiled an 

17   extraordinary season.  Its overall record was an  

18   outstanding 20-3-2, including a 15-1-2 

19   regular-season record and a superlative 12-1-2 

20   conference performance; and   

21                "WHEREAS, Capturing the Northeast-10 

22   Regular Season Title for the seventh consecutive 

23   season, the Golden Knights won the NCAA East 

24   Region Championship for the fifth successive 

25   year; and 


                                                               1739

 1                "WHEREAS, Ranked number one in the 

 2   nation for five weeks during the season, the  

 3   2012 College of St. Rose Women's Soccer Team's 

 4   final NSCAA ranking was fourth in the country; 

 5   and 

 6                "WHEREAS, The 2012 College of 

 7   St. Rose Women's Soccer Team advanced to the 

 8   Final Four NCAA Division II Championships for the 

 9   fifth year in a row; and 

10                "WHEREAS, For the 12th consecutive 

11   year, the College of St. Rose Women's Soccer Team 

12   was named the NSCAA Academic All-American Team; 

13   and 

14                "WHEREAS, The athletic talent 

15   displayed by this team is due in great part to 

16   the efforts of Head Coach Laurie Darling Gutheil, 

17   a skilled and inspirational tutor, respected for 

18   her ability to develop potential into excellence; 

19   and 

20                "WHEREAS, The hallmarks of the 2012 

21   College of St. Rose Women's Soccer Team, from the 

22   opening game of the season to participation in 

23   the Final Four NCAA Division II Championships, 

24   were a sisterhood of athletic ability, of good 

25   sportsmanship, of honor and of scholarship, 


                                                               1740

 1   demonstrating that these team players are second 

 2   to none; and 

 3                "WHEREAS, Athletically and 

 4   academically, the 2012 College of St. Rose 

 5   Women's Soccer Team members have proven 

 6   themselves to be an unbeatable combination of 

 7   talents, reflecting favorably on their school; 

 8   and 

 9                "WHEREAS, Coach Gutheil has done a 

10   superb job in guiding, molding and inspiring the 

11   2012 College of St. Rose Women's Soccer Team 

12   members toward their goals; and 

13                "WHEREAS, Sports competition 

14   instills the values of teamwork, pride and  

15   accomplishment, and Coach Gutheil and the 2012 

16   College of St. Rose Women's Soccer Team's 

17   outstanding athletes have clearly made a 

18   contribution to the spirit of excellence which is 

19   a tradition of their school; now, therefore, be 

20   it 

21                "RESOLVED, That this Legislative 

22   Body pause in its deliberations to congratulate 

23   the 2012 College of St. Rose Women's Soccer Team,  

24   its members and Coach Gutheil on their 

25   outstanding season, overall team record, 


                                                               1741

 1   capturing both the Northeast-10 Regular Season  

 2   Title and NCAA East Region Championship, and 

 3   Final Four NCAA Tournament participation; and be 

 4   it further 

 5                "RESOLVED, That copies of this  

 6   resolution, suitably engrossed, be transmitted to 

 7   the members of the 2012 College of St. Rose 

 8   Women's Soccer Team, and to Head Coach Laurie 

 9   Darling Gutheil."

10                ACTING PRESIDENT VALESKY:   Senator 

11   Breslin on the resolution.

12                SENATOR BRESLIN:   Thank you, 

13   Mr. President.

14                We do recognize athletic teams 

15   frequently here, but rarely do we get the chance, 

16   it seems, to recognize one particular team year 

17   after year after year.  And by that I'm 

18   referencing the St. Rose Women's Soccer Team, who 

19   has compiled this past year an outstanding 

20   record, winning its league again, finishing 

21   fourth in the country.  

22                And we talk about the Final Four.  

23   St. Rose was in the Final four for the fifth 

24   straight year, a coed college located right in 

25   the heart of Albany that happens to be a school 


                                                               1742

 1   where our dear Senator Betty Little graduated 

 2   from.

 3                But when you talk about their 

 4   athletic ability, it doesn't recognize that for 

 5   the seventh straight year its league has 

 6   recognized them as the Academic All-American 

 7   Team.

 8                So when you combine athleticism with 

 9   academic ability and then it's a year after year 

10   process, there must be some part of that formula 

11   that brings them together.  And that's their 

12   coach, Laurie Darling Gutheil.  And year after 

13   year she inspires, she motivates, she makes sure 

14   she brings in young girls, young women with 

15   potential, young women with athletic ability, and 

16   she molds them into a winning team which has 

17   become nationally recognized.

18                So it's my privilege to stand here 

19   today to recognize again, as I have in the last 

20   several years, the St. Rose Women's Soccer Team 

21   that finished fourth in the country Division II 

22   this year.  

23                Thank you, Mr. President.

24                (Applause.)

25                ACTING PRESIDENT VALESKY:   The 


                                                               1743

 1   question is on the resolution.  All in favor 

 2   signify by saying aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT VALESKY:   Opposed, 

 5   nay.

 6                (No response.)

 7                ACTING PRESIDENT VALESKY:   The 

 8   resolution is adopted.

 9                Congratulations to the College of 

10   St. Rose Women's Soccer Team.

11                Senator Libous.

12                SENATOR LIBOUS:   Thank you, 

13   Mr. President.

14                I believe Senator Breslin would like 

15   to open this up for cosponsorship.  So as it goes 

16   in the house, you will all go on the resolution.  

17   Unless if someone for some reason would like 

18   otherwise, they should let the desk know.

19                Mr. President, could we now take up 

20   the reading of the noncontroversial calendar.

21                ACTING PRESIDENT VALESKY:   The 

22   Secretary will read.

23                THE SECRETARY:   Calendar Number 9, 

24   by Senator Martins, Senate Print 306, an act to 

25   amend the Vehicle and Traffic Law.


                                                               1744

 1                ACTING PRESIDENT VALESKY:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect on the 90th day.

 5                ACTING PRESIDENT VALESKY:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 61.

 9                ACTING PRESIDENT VALESKY:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 22, 

12   by Senator Fuschillo, Senate Print 1941, an act 

13   to amend the Vehicle and Traffic Law.

14                ACTING PRESIDENT VALESKY:   Read the 

15   last section.

16                THE SECRETARY:   Section 18.  This 

17   act shall take effect on the 90th day.

18                ACTING PRESIDENT VALESKY:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT VALESKY:   Senator 

22   Robach to explain his vote.

23                SENATOR ROBACH:   Yes, 

24   Mr. President, just very quickly.  

25                I want to applaud Senator Fuschillo 


                                                               1745

 1   for bringing this to the bill to the floor, and 

 2   really the whole Legislature.

 3                During the last decade plus, the 

 4   increase in penalties, the public awareness, 

 5   doing legislation like this to increase usage of 

 6   technology has cut down alcohol-related 

 7   fatalities in New York State by 50 percent.  So I 

 8   think it's good that we use today's technology to 

 9   continue to try and save lives, like this 

10   interlock ignition device.  

11                And so I'm happy to cast my vote in 

12   the affirmative and thank Senator Fuschillo in 

13   particular, as well as everyone else who's led 

14   the charge on these lifesaving measures.  

15                Thank you.

16                ACTING PRESIDENT VALESKY:   Senator 

17   Robach to be recorded in the affirmative.

18                Announce the results.

19                THE SECRETARY:   Ayes, 60.  Nays, 

20   1.  Senator Hassell-Thompson --

21                SENATOR HASSELL-THOMPSON:   I wanted 

22   to explain my vote, Mr. President.

23                ACTING PRESIDENT VALESKY:   Senator 

24   Hassell-Thompson to explain her vote.

25                SENATOR HASSELL-THOMPSON:   I didn't 


                                                               1746

 1   want to lay this aside to ask questions, but I 

 2   always had a concern about the liability of the 

 3   ownership of the car if in fact the owner was not 

 4   in fact the subject of this bill.  

 5                And because I continue to have some 

 6   confusion about that, I will continue to vote no 

 7   even though I understand the intent of the bill.  

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT VALESKY:   Senator 

10   Hassell-Thompson to be recorded in the negative.

11                Announce the results.

12                THE SECRETARY:   Ayes, 60.  Nays, 

13   1.  Senator Hassell-Thompson recorded in the 

14   negative.

15                ACTING PRESIDENT VALESKY:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 59, 

18   by Senator Fuschillo, Senate Print 742, an act to 

19   amend the Vehicle and Traffic Law.

20                ACTING PRESIDENT VALESKY:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect one year after it shall 

24   have become law.

25                ACTING PRESIDENT VALESKY:   Call the 


                                                               1747

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 61.

 4                ACTING PRESIDENT VALESKY:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   258, by Senator Lanza, Senate Print 2475, an act 

 8   to amend the Penal Law.

 9                ACTING PRESIDENT VALESKY:   Read the 

10   last section.

11                THE SECRETARY:   Section 7.  This 

12   act shall take effect on the first of November.

13                ACTING PRESIDENT VALESKY:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 61.

17                ACTING PRESIDENT VALESKY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   262, by Senator Zeldin, Senate Print 3805, an act 

21   to amend the Penal Law.

22                ACTING PRESIDENT VALESKY:   Read the 

23   last section.

24                THE SECRETARY:   Section 7.  This 

25   act shall take effect on the first of November.


                                                               1748

 1                ACTING PRESIDENT VALESKY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT VALESKY:   Senator 

 5   Zeldin to explain his vote.

 6                SENATOR ZELDIN:   Thank you, 

 7   Mr. President.

 8                This important legislation helps 

 9   provide for the safety and security of our 

10   children and our families.  Public lewdness is a 

11   nuisance crime with at times significant victim 

12   impact.

13                The laws currently on the books are 

14   inadequate to crack down on the disgusting 

15   conduct of some of these criminals.  Just over 

16   one year ago in my Senate district, at a 

17   well-known children's restaurant, a repeat 

18   public-lewdness offender was exposing himself in 

19   front of two young 12-year-old girls.  This 

20   person had 10 prior public lewdness offenses 

21   committed in public libraries, retail chain 

22   stores, a beach, and in the children's section of 

23   a well-known retail bookstore where he was 

24   captured on a videotape masturbating.  

25                Furthermore, in Nassau and Suffolk 


                                                               1749

 1   Counties combined, the offender has five public 

 2   lewdness convictions, four endangering the 

 3   welfare of a child convictions, and one 

 4   conviction for stalking.  The man's conduct in 

 5   February of 2012 should have been a felony.  

 6                I'd like to thank Parents for 

 7   Megan's Law, the Crime Victims Center in 

 8   Stony Brook, the Suffolk County Police, and of 

 9   course all of my Senate colleagues for your 

10   support of this initiative.

11                I think that the times of the lives 

12   of these young girls and the way that they were 

13   impacted, hopefully the victimization of them and 

14   moving forward -- unfortunately, as others 

15   unfortunately turn into victims -- this offense 

16   is cracked down stronger, so that there's more of 

17   a punishment and deterrence so they can be 

18   avoided at all costs.  We need to protect our 

19   families and our children from such conduct.  

20                I vote aye.

21                ACTING PRESIDENT VALESKY:   Senator 

22   Zeldin to be recorded in the affirmative.

23                Senator Krueger to explain her vote.

24                SENATOR KRUEGER:   Thank you.  

25                With respect to Senator Zeldin -- 


                                                               1750

 1   and I understand the issue, but I feel that this 

 2   bill is not well thought out and is too broad in 

 3   its impact.

 4                Certainly public lewdness is not 

 5   acceptable.  And there are many definitions under 

 6   the law.  I feel that if someone is actually 

 7   caught in public lewdness multiple times, the 

 8   issue is probably one of a mental health problem 

 9   that needs to be addressed, and nowhere does this 

10   bill address it.  

11                My biggest concern, though, is this 

12   bill also defines someone as a sexual predator 

13   under our registration laws.  And while sexual 

14   predator attacks on human beings are some of the 

15   most atrocious things we've seen, I think there 

16   is a danger from defining public lewdness within 

17   the concept of sexual predator activities and 

18   equal penalties.  

19                So I would love to work with the 

20   Senator on a bill that I think addresses the 

21   concern and deals with the problem.  But I don't 

22   believe that this bill is the right answer for my 

23   agreement with him on the problem.  

24                I'll be voting no.  Thank you.

25                ACTING PRESIDENT VALESKY:   Senator 


                                                               1751

 1   Krueger to be recorded in the affirmative.

 2                Senator Montgomery to explain her 

 3   vote.

 4                SENATOR MONTGOMERY:   Yes, 

 5   Mr. President.  I am also rising to oppose this 

 6   legislation, as I have in the past.  

 7                And one of the issues that I raise 

 8   today and that I have raised before is that it 

 9   includes observation of someone who is naked or 

10   partially naked from either a public place or 

11   from other private premises.  

12                And I must say that I live in a 

13   building that has, across the way from me, a 

14   dormitory.  And I'm not certain that many of the 

15   students in the dorm realize that their windows 

16   are not covered adequately, or at all, and that 

17   they are in fact parading around in various forms 

18   of lewdness as this bill defines it.

19                However, certainly it doesn't 

20   disturb me.  They're not trying to have any kind 

21   of activity that is inappropriate for me or 

22   anyone else.  But it's very possible that some of 

23   those students could be part of this legislation.

24                And I just think, as Senator Krueger 

25   has indicated, it goes way too far.  And I 


                                                               1752

 1   believe that we are really talking about 

 2   situations where people are probably mentally 

 3   ill.  I don't think most people parade around 

 4   lewdly if they are at their normal wits.

 5                So I'm opposing this because I think 

 6   it has the potential of doing much more harm to 

 7   people than trying to protect the public.

 8                So I vote no.

 9                ACTING PRESIDENT VALESKY:   Senator 

10   Montgomery to be recorded in the negative.

11                Announce the results.

12                THE SECRETARY:   In relation to 

13   Calendar Number 262, those recorded in the 

14   negative are Senators Hassell-Thompson, Krueger, 

15   Montgomery and Perkins.  Also Senator Espaillat.

16                Ayes, 56.  Nays, 5.

17                ACTING PRESIDENT VALESKY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   263, by Senator Griffo, Senate Print 4006A, an 

21   act to amend the Penal Law.

22                ACTING PRESIDENT VALESKY:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               1753

 1                ACTING PRESIDENT VALESKY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT VALESKY:   Senator 

 5   DeFrancisco to explain his vote.

 6                SENATOR DeFRANCISCO:   I certainly 

 7   have nothing against employees of the Office of 

 8   Children and Family Services.  But I've voted no 

 9   on bills like this many, many times because the 

10   exception is getting almost greater than the rule 

11   of when a crime becomes an assault in the third 

12   degree to assault in the second degree.

13                So maybe if I'm here long enough, 

14   every human being will be elevated from assault 

15   third to assault second if they're a victim and 

16   then we don't have to keep adding all the other 

17   categories.  

18                So I'm going to vote no.

19                ACTING PRESIDENT VALESKY:   Senator 

20   DeFrancisco to be recorded in the negative.

21                Announce the results.

22                THE SECRETARY:   Ayes, 60.  Nays, 

23   1.  Senator DeFrancisco recorded in the negative.

24                ACTING PRESIDENT VALESKY:   The bill 

25   is passed.


                                                               1754

 1                THE SECRETARY:   Calendar Number 

 2   269, by Senator Griffo, Senate Print 2494, an act 

 3   to amend the Banking Law.

 4                ACTING PRESIDENT VALESKY:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT VALESKY:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 61.  

12                ACTING PRESIDENT VALESKY:   The bill 

13   is passed.

14                Senator Libous, that completes 

15   action on the noncontroversial calendar.

16                SENATOR LIBOUS:   Thank you, 

17   Mr. President.  

18                Is there any further business at the 

19   desk?  

20                ACTING PRESIDENT VALESKY:   Only to 

21   wish you a happy birthday and enjoy the rest of 

22   your day.

23                SENATOR LIBOUS:   Well, thank you, 

24   Mr. President.

25                If there's no further business at 


                                                               1755

 1   the desk, I move that the Senate adjourn until 

 2   Wednesday, April 17th, at 11:00 a.m.

 3                ACTING PRESIDENT VALESKY:   On 

 4   motion, the Senate stands adjourned until 

 5   Wednesday, April 17th, at 11:00 a.m.

 6                (Whereupon, at 4:18 p.m., the Senate 

 7   adjourned.)

 8

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