Regular Session - April 17, 2013

                                                                   1756

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   April 17, 2013

11                     11:06 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DAVID CARLUCCI, Acting President

19  FRANCIS W. PATIENCE, Secretary

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25  


                                                               1757

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

 2                ACTING PRESIDENT CARLUCCI:   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 CARLUCCI:   In the 

10   absence of clergy, may we please bow our heads 

11   in a moment of silence.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                ACTING PRESIDENT CARLUCCI:    

15   Reading of the Journal.

16                THE SECRETARY:   In Senate, 

17   Tuesday, April 16th, the Senate met pursuant to 

18   adjournment.  The Journal of Monday, April 15th, 

19   was read and approved.  On motion, Senate 

20   adjourned.

21                ACTING PRESIDENT CARLUCCI:    

22   Without objection, the Journal stands approved 

23   as read.

24                Presentation of petitions.

25                Messages from the Assembly.  


                                                               1758

 1                Messages from the Governor.  

 2                Reports of standing committees.  

 3                Reports of select committees.  

 4                Communications and reports from 

 5   state officers.

 6                Motions and resolutions.

 7                Senator Fuschillo.

 8                SENATOR FUSCHILLO:   Mr. President, 

 9   please recognize Senator Valesky.

10                ACTING PRESIDENT CARLUCCI:    

11   Senator Valesky.

12                SENATOR VALESKY:   Thank you, 

13   Senator Fuschillo.  Thank you, Mr. President.  

14                I move that the following bills be 

15   discharged from their respective committees and 

16   be recommitted with instructions to strike the 

17   enacting clause:  Senate Bill Numbers 1208A, 

18   1211, 3043, and 3842.

19                ACTING PRESIDENT CARLUCCI:   So 

20   ordered.

21                Senator Fuschillo.

22                SENATOR FUSCHILLO:   Mr. President, 

23   may we please adopt the Resolution Calendar, 

24   with the exception of Resolutions 1185, 1261, 

25   and 1262.


                                                               1759

 1                ACTING PRESIDENT CARLUCCI:   All in 

 2   favor of adopting the Resolution Calendar, with 

 3   the exception of Resolutions 1185, 1261, and 

 4   1262, signify by saying aye.

 5                (Response of "Aye.")

 6                ACTING PRESIDENT CARLUCCI:    

 7   Opposed, nay.

 8                (No response.)

 9                ACTING PRESIDENT CARLUCCI:   The 

10   Resolution Calendar is adopted.

11                Senator Fuschillo.

12                SENATOR FUSCHILLO:   Mr. President, 

13   there's a resolution at the desk by Senator 

14   Parker, Number 1185.  I ask that the title be 

15   read and ask for its immediate adoption.

16                ACTING PRESIDENT CARLUCCI:   The 

17   Secretary will read.

18                THE SECRETARY:   Legislative 

19   Resolution Number 1185, by Senator Parker, 

20   memorializing Governor Andrew M. Cuomo to 

21   proclaim April 2, 2013, as Autism Awareness Day 

22   in the State of New York.

23                ACTING PRESIDENT CARLUCCI:    

24   Senator Rivera.

25                SENATOR RIVERA:   Thank you, 


                                                               1760

 1   Mr. President.

 2                As I have stood on this floor many 

 3   times, I am glad to do so today to speak just a 

 4   little bit about autism and the impact that it 

 5   can have on families, and certainly the impact 

 6   that it's had on my mine.  

 7                My older brother, José Mañuel 

 8   Rivera -- Papotín, as we call him 

 9   affectionately -- who turns 44 years old this 

10   year, was diagnosed with autism very early on in 

11   his life, which changed my parents' life 

12   forever.  And it definitely changed mine as 

13   well.  It taught me a level of patience that many 

14   times has been tested.  

15                But overall, what the experience 

16   with my brother has demonstrated is that when 

17   these folks are given the opportunity, when they 

18   are provided with access to services so that 

19   their needs can be met, when they are surrounded 

20   by family members who are patient and loving, 

21   they can be successful individuals.

22                And so today I stand to just once 

23   again say that anytime that we can bring 

24   attention to this issue, anytime that we can talk 

25   about those members of our families and our 


                                                               1761

 1   communities which are impacted by this, it is to 

 2   remind ourselves that we are not talking about 

 3   folks that can't be productive members of our 

 4   society, but the total opposite is true.  They 

 5   are absolutely productive members of our 

 6   society.  

 7                My brother, as I've mentioned many 

 8   times, his job right now is to translate books 

 9   into Braille down in Puerto Rico, where he lives 

10   with my family.  And I am proud of him every 

11   single day.  And I know that there's many 

12   members of our body who have family members or 

13   friends who they are also proud of.  

14                So I stand to say to my colleagues 

15   that this is exactly the type of resolution that 

16   we should adopt, since it is a way to bring, 

17   ourselves, a little bit more attention to this 

18   issue as it is necessary to make sure that we 

19   know that these folks are part of our families, 

20   part of our communities, and should be valued.

21                So thank you, Mr. President.

22                ACTING PRESIDENT CARLUCCI:   Thank 

23   you, Senator Rivera.

24                Are there other Senators wishing to 

25   be heard on the resolution?  


                                                               1762

 1                Seeing none, the question is on the 

 2   resolution.  All in favor signify by saying aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT CARLUCCI:    

 5   Opposed, nay.

 6                (No response.)

 7                ACTING PRESIDENT CARLUCCI:   The 

 8   resolution is adopted.

 9                Senator Fuschillo.

10                SENATOR FUSCHILLO:   Mr. President, 

11   we'd like to open that up for cosponsorship by 

12   other members.

13                ACTING PRESIDENT CARLUCCI:   The 

14   resolution is open for cosponsorship.  If you do 

15   not wish to be a cosponsor, please notify the 

16   desk.

17                Senator Fuschillo.

18                SENATOR FUSCHILLO:   Mr. President, 

19   there's a resolution at the desk by 

20   Senator Addabbo, Number 1261.  I ask that the 

21   title be read and ask for its immediate adoption.

22                ACTING PRESIDENT CARLUCCI:   The 

23   Secretary will read.

24                THE SECRETARY:   Legislative 

25   Resolution Number 1261, by Senator Addabbo, 


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 1   mourning the death of Legendary Archbishop Molloy 

 2   High School Coach Jack Curran.

 3                ACTING PRESIDENT CARLUCCI:   Senator 

 4   Addabbo.

 5                SENATOR ADDABBO:   Thank you, 

 6   Mr. President.

 7                By the time I got to Archbishop 

 8   Molloy High School in 1978, Coach Jack Curran was 

 9   already a local legend.  Over the last 50 years 

10   of coaching at Archbishop Molloy High School, 

11   Jack Curran won five New York City championships 

12   in basketball and 17 New York City championships 

13   in baseball.  No other New York City coach won a 

14   title in both sports in the same year, yet Jack 

15   did it four times in three different decades.

16                He's also the only high school coach 

17   in the New York State Hall of Fame for both 

18   basketball and baseball.  He's the only high 

19   school coach to be elected as National Coach of 

20   the Year in both baseball and basketball.  And 

21   with 2,680 victories combined for baseball and 

22   basketball, he's the most winningest coach in the 

23   country, high school coach.

24                And even when I saw Jack last as he 

25   was battling both lung and kidney illnesses, he 


                                                               1764

 1   was still advocating for better ball fields in 

 2   our local parks and protecting athletic programs 

 3   throughout the state.  

 4                Jack passed away this past 

 5   March 14th at the age of 82 in Rye, New York, 

 6   where he lived, and he leaves behind an infinite 

 7   impression of dedication, perseverance, and the 

 8   will to live a successful life.  And he will be 

 9   missed.  

10                Thank you, Mr. President.

11                ACTING PRESIDENT CARLUCCI:   Thank 

12   you, Senator Addabbo.

13                Senator Latimer on the resolution.

14                SENATOR LATIMER:   Thank you, 

15   Mr. President.  

16                My friend Senator Addabbo pointed 

17   out the outstanding contributions that Jack 

18   Curran made as a coach.  I knew Jack Curran as a 

19   person who lived across town from me.  

20                And I never really understood what 

21   an outstanding record he had until I read about 

22   him in the newspaper.  Because to see him back 

23   home at the local deli, at the bank, if you 

24   bumped into him at the hardware store, you saw a 

25   man who didn't carry his resume around with him 


                                                               1765

 1   on his sleeve.  He was very self-effacing.  And 

 2   then to read about the tremendous accomplishments 

 3   of this man who was a neighbor was really 

 4   unbelievable and outstanding.

 5                I'm very fortunate in the district 

 6   that I represent that I might run into, at the 

 7   local grocery stores where I shop, Jonathan 

 8   Lippman, Timothy Geithner, people who I see on 

 9   television.  It happens to be one of those types 

10   of areas in New York State.  But I never met a 

11   more outstanding man who was more normal and 

12   self-effacing and a wonderful man than I met in 

13   Jack Curran.  

14                And we mourn his passing.

15                ACTING PRESIDENT CARLUCCI:   Thank 

16   you, Senator Latimer.

17                Are there other Senators wishing to 

18   be heard on the resolution?  

19                Seeing none, the question is on the 

20   resolution.  All in favor signify by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT CARLUCCI:    

23   Opposed, nay.

24                (No response.)

25                ACTING PRESIDENT CARLUCCI:   The 


                                                               1766

 1   resolution is adopted.

 2                May we please pause for a moment of 

 3   silence to remember the life of Jack Curran.

 4                (Whereupon, the assemblage respected 

 5   a moment of silence.)

 6                ACTING PRESIDENT CARLUCCI:   Senator 

 7   Fuschillo.  

 8                SENATOR FUSCHILLO:   Mr. President, 

 9   Senator Addabbo would like to open up 

10   Resolution 1261 for cosponsorship.

11                ACTING PRESIDENT CARLUCCI:   The 

12   resolution is open for cosponsorship.  If any 

13   member does not wish to be a cosponsor, please 

14   notify the desk.  

15                Senator Fuschillo.

16                SENATOR FUSCHILLO:   Mr. President, 

17   there's a resolution at the desk by Senator 

18   Hassell-Thompson, Number 1262.  I ask that the 

19   title be read and ask for its immediate adoption.

20                ACTING PRESIDENT CARLUCCI:   The 

21   Secretary will read.

22                THE SECRETARY:   Legislative 

23   Resolution 1262, by Senator Hassell-Thompson, 

24   honoring Brian Fischer upon the occasion of his 

25   retirement after 44 years of distinguished 


                                                               1767

 1   service to the State of New York.

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   question is on the resolution.  All in favor 

 4   signify by saying aye.

 5                (Response of "Aye.")

 6                ACTING PRESIDENT CARLUCCI:    

 7   Opposed, nay.

 8                (No response.)

 9                ACTING PRESIDENT CARLUCCI:   The 

10   resolution is adopted.

11                Senator Fuschillo.

12                SENATOR FUSCHILLO:   Senator 

13   Hassell-Thompson would like to open up the 

14   resolution for cosponsorship.

15                ACTING PRESIDENT CARLUCCI:   The 

16   resolution is open for cosponsorship.  If you do 

17   not wish to be a cosponsor, please notify the 

18   desk.

19                Senator Fuschillo.

20                SENATOR FUSCHILLO:   Is there any 

21   further business at the desk?  

22                ACTING PRESIDENT CARLUCCI:   There 

23   is no further business at the desk, Senator.  

24                SENATOR FUSCHILLO:   There being no 

25   further business, I move that we adjourn until 


                                                               1768

 1   Monday, April 22nd, at 3:00 p.m., intervening 

 2   days being legislative days.

 3                ACTING PRESIDENT CARLUCCI:   On 

 4   motion, the Senate stands adjourned until Monday, 

 5   April 22nd, at 3:00 p.m., intervening days being 

 6   legislative days.

 7                (Whereupon, at 11:16 a.m., the 

 8   Senate adjourned.)

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