Regular Session - May 1, 2013

                                                                   2098

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 1, 2013

11                     11:15 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOHN FLANAGAN, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               2099

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

 2                ACTING PRESIDENT FLANAGAN:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and recite the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT FLANAGAN:    

 9   Today's invocation will be by Reverend Dale 

10   Jensen, the senior pastor of the Saratoga 

11   Abundant Life Church in Saratoga Springs.

12                (Pause.)

13                ACTING PRESIDENT FLANAGAN:   And in 

14   lieu --

15                (Laughter.)

16                ACTING PRESIDENT FLANAGAN:   -- of 

17   Pastor Jensen, I would respectfully ask for 

18   everyone to observe a moment of silence.

19                (Whereupon, the assemblage 

20   respected a moment of silence.)

21                ACTING PRESIDENT FLANAGAN:   The 

22   reading of the Journal.

23                THE SECRETARY:   In Senate, 

24   Tuesday, April 30th, the Senate met pursuant to 

25   adjournment.  The Journal of Monday, April 29th, 


                                                               2100

 1   was read and approved.  On motion, Senate 

 2   adjourned.

 3                ACTING PRESIDENT FLANAGAN:    

 4   Without objection, the Journal stands approved 

 5   as read.

 6                Presentation of petitions.

 7                Messages from the Assembly.

 8                The Secretary will read.

 9                THE SECRETARY:   On page 25, 

10   Senator Bonacic moves to discharge, from the 

11   Committee on Judiciary, Assembly Bill Number 

12   4061 and substitute it for the identical Senate 

13   Bill Number 3789, Third Reading Calendar 300.

14                On page 29, Senator Felder moves to 

15   discharge, from the Committee on Children and 

16   Families, Assembly Bill Number 2600 and 

17   substitute it for the identical Senate Bill 

18   Number 4082, Third Reading Calendar 361.

19                And on page 33, Senator Bonacic 

20   moves to discharge, from the Committee on 

21   Finance, Assembly Bill Number 2051 and 

22   substitute it for the identical Senate Bill 

23   Number 2787, Third Reading Calendar 417.

24                ACTING PRESIDENT FLANAGAN:    

25   Substitutions so ordered.


                                                               2101

 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   on behalf of Senator Golden, on page number 30 I 

10   offer the following amendments to Calendar 

11   Number 371, Senate Print Number 4088A, and ask 

12   that said bill retain its place on the order of 

13   Third Reading Calendar.

14                ACTING PRESIDENT FLANAGAN:   The 

15   amendments are received, and the bill will 

16   retain its place on the Third Reading Calendar.

17                Senator Fuschillo.

18                SENATOR FUSCHILLO:   Mr. President, 

19   will you please recognize Senator Carlucci.

20                ACTING PRESIDENT FLANAGAN:   

21   Senator Carlucci.

22                SENATOR CARLUCCI:   Mr. President, 

23   I wish to call up my bill, Print Number 1993, 

24   recalled from the Assembly, which is now at the 

25   desk.


                                                               2102

 1                ACTING PRESIDENT FLANAGAN:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Calendar Number 5, 

 4   by Senator Carlucci, Senate Print 1993, an act to 

 5   amend the Public Health Law.

 6                ACTING PRESIDENT FLANAGAN:   The 

 7   Secretary will call the roll on reconsideration.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 56.

10                ACTING PRESIDENT FLANAGAN:   The 

11   bill is restored to its place on the Third 

12   Reading Calendar.

13                SENATOR CARLUCCI:   Mr. President, I 

14   now offer the following amendments.

15                ACTING PRESIDENT FLANAGAN:   The 

16   amendments are received, and the bill will retain 

17   its place on the Third Reading Calendar.

18                Senator Carlucci.

19                SENATOR CARLUCCI:   Thank you, 

20   Mr. President.  

21                I move that the following bill be 

22   discharged from its respective committee and be 

23   recommitted with instructions to strike the 

24   enacting clause:  Bill Number 3783.

25                ACTING PRESIDENT FLANAGAN:   So 


                                                               2103

 1   ordered.

 2                Senator Fuschillo.

 3                SENATOR FUSCHILLO:   Mr. President, 

 4   there's a privileged resolution at the desk by 

 5   Senator Bonacic, Number 1574.  I ask that the 

 6   title be read and move for its immediate 

 7   adoption.

 8                ACTING PRESIDENT FLANAGAN:   The 

 9   Secretary will read.

10                THE SECRETARY:   Legislative 

11   Resolution Number 1574, by Senator Bonacic, 

12   recognizing Wednesday, May 1st, 2013, as Law Day 

13   U.S.A. in the State of New York.

14                ACTING PRESIDENT FLANAGAN:   The 

15   question is on the resolution.  All those in 

16   favor signify by saying aye.

17                (Response of "Aye.")

18                ACTING PRESIDENT FLANAGAN:    

19   Opposed, nay.

20                (No response.)

21                ACTING PRESIDENT FLANAGAN:   The 

22   resolution is adopted.

23                Senator Fuschillo.

24                SENATOR FUSCHILLO:   Senator Bonacic 

25   would like to open up the resolution for 


                                                               2104

 1   cosponsorship, Mr. President.

 2                ACTING PRESIDENT FLANAGAN:   The 

 3   resolution is open for cosponsorship.  If you do 

 4   not wish to be a cosponsor, please notify the 

 5   desk.

 6                Senator Fuschillo.

 7                SENATOR FUSCHILLO:   There's a 

 8   previously adopted resolution by Senator Griffo, 

 9   Number 918, at the desk.  I ask that it be read 

10   in its entirety.

11                ACTING PRESIDENT FLANAGAN:   The 

12   Secretary will read.

13                THE SECRETARY:   Legislative 

14   Resolution Number 918, by Senator Griffo, 

15   memorializing Governor Andrew M. Cuomo to 

16   proclaim May 2013 as Lupus Awareness Month in the 

17   State of New York.  

18                "WHEREAS, Each year, the Lupus 

19   Agencies of New York State designate May as 

20   Lupus Awareness Month to show support for the 

21   105,400 New Yorkers, 1.5 million Americans, and 

22   5 million people worldwide who suffer from the 

23   often debilitating effects of lupus, a chronic  

24   autoimmune disease that can cause severe damage 

25   to the tissue and organs in the body and, in some 


                                                               2105

 1   cases, death; and 

 2                "WHEREAS, Each year thousands of 

 3   people are newly diagnosed with lupus, the great 

 4   majority of whom are young people in the prime of 

 5   their lives, and 90 percent of whom are women; 

 6   and 

 7                "WHEREAS, Lupus is most prevalent 

 8   among African-Americans, Hispanics, 

 9   Native Americans and Asians; and tragically, 

10   thousands of people die from lupus each year 

11   because a cure remains elusive; and 

12                "WHEREAS, Many health professionals 

13   are unaware of symptoms and health effects of 

14   lupus, causing people with lupus to suffer for 

15   many years before they obtain a correct diagnosis 

16   and medical treatment, demonstrating the need for 

17   increased public and professional awareness of 

18   lupus; and 

19                "WHEREAS, Medical research efforts 

20   into lupus and the discovery of safer, more 

21   effective treatments for lupus patients are 

22   underfunded in comparison with diseases of 

23   comparable magnitude and severity; and 

24                "WHEREAS, Increasing community 

25   awareness and focusing public attention on lupus 


                                                               2106

 1   and its devastating impact on patients' lives 

 2   will provide hope for a better future for those 

 3   affected; and

 4                  "WHEREAS, The Lupus Agencies of 

 5   New York State are dedicated to 'improving the 

 6   quality of life for individuals with lupus and 

 7   their loved ones by providing education, support 

 8   and outreach services, and promoting programs of 

 9   awareness, advocacy, and research'; and 

10                "WHEREAS, This Legislative Body 

11   recognizes the needs of those chronically ill 

12   people who are living with lupus and urges all  

13   citizens to support the search for a cure and 

14   assist those individuals and families who deal 

15   with this devastating disease on a daily basis;  

16   now, therefore, be it 

17                "RESOLVED, That this Legislative 

18   Body pause in its deliberations to memorialize 

19   Governor Andrew M. Cuomo to proclaim May 2013 as 

20   Lupus Awareness Month in the State of New York; 

21   and be it further 

22                "RESOLVED, That copies of this 

23   resolution, suitably engrossed, be transmitted to 

24   The Honorable Andrew M. Cuomo, Governor of the  

25   State of New York, and the Lupus Agencies of 


                                                               2107

 1   New York State."

 2                ACTING PRESIDENT FLANAGAN:   Senator 

 3   Savino on the resolution.

 4                SENATOR SAVINO:   Thank you, 

 5   Mr. President.

 6                You know, there's been a lot of 

 7   discussion around the Capitol for the past few 

 8   weeks about women's equality, talking about where 

 9   women are underrepresented in certain areas or 

10   underpaid or undertreated.  But here today we're 

11   going to talk about an issue where there's an  

12   overrepresentation of women, and that is the 

13   disease of lupus.  

14                On May 10th, for World Lupus Day, 

15   more than 100 organizations around this state 

16   will be demonstrating or observing Lupus 

17   Awareness Month.  And there will be all sorts of 

18   activities about what people can do to 

19   participate and learn more about lupus.  

20                A few years ago, when former 

21   Assemblywoman Aurelia Greene was still in the 

22   Assembly, she approached me to talk to me about 

23   lupus.  And quite frankly, as a woman who is, you 

24   know, certainly not a child anymore, I really did 

25   not know that much about the disease of lupus and 


                                                               2108

 1   how devastating it was to women.  

 2                And in the work that I did with her, 

 3   and then translated it into the work with 

 4   Assemblywoman Vanessa Gibson, who succeeded her 

 5   in many ways and continues to work on this issue, 

 6   we partnered with organizations here in New York 

 7   State to raise awareness for lupus.  

 8                And along the way, I found out that 

 9   lupus disproportionately affects women, and 

10   particularly women of color and young women.  And 

11   even more importantly, that most women don't know 

12   what the signs or symptoms of lupus are, and as a 

13   result of it, they can go years without being 

14   diagnosed.  

15                And that lack of appropriate 

16   diagnosis can lead to all sorts of problems, 

17   including infertility problems and including 

18   chronic pain and debilitating conditions that 

19   affect their entire life and their entire 

20   family.  

21                So we introduced legislation that 

22   would require the State of New York to develop a 

23   lupus education and prevention outreach program.  

24   We want to put a check-off box on your income tax 

25   return so that you can donate a particular amount 


                                                               2109

 1   of money towards that education fund so young 

 2   women can find out about this disease, they can 

 3   speak to their doctors about it, they can be 

 4   appropriately diagnosed, they can get treatment 

 5   earlier rather than later.  And that's what lupus 

 6   awareness is all about.  

 7                And I'm very happy to stand here and 

 8   speak on this resolution.  And I know we have 

 9   some advocates here, they're in the corner, led 

10   by Kathleen Arntsen, who's been working very hard 

11   for several years to help pass this legislation 

12   here in New York.  

13                We've seen some improvements in 

14   Washington, the FDA -- stand up, Kathleen.  The 

15   FDA two years ago finally approved the first new 

16   drug for the treatment of lupus in 50 years.  But 

17   we are way behind in the treatment of this 

18   disease, and the most important component in the 

19   treatment of this disease is education.  

20                So I want to thank you ladies for 

21   coming to Albany for your advocacy every year, 

22   and I hope everyone will support this resolution 

23   and support the legislation that will help put 

24   the intent of this resolution into the full 

25   effect of the law.  


                                                               2110

 1                Thank you, Mr. President.

 2                ACTING PRESIDENT FLANAGAN:   Thank 

 3   you, Senator Savino.

 4                Senator Serrano on the resolution.

 5                SENATOR SERRANO:   Thank you very 

 6   much, Mr. President.  

 7                And I also want to lend my voice to 

 8   what my colleagues are saying about the 

 9   importance of lupus awareness.  And I want to 

10   thank Senator Savino, Senator Griffo, and 

11   Assemblywoman Vanessa Gibson, who's joining us in 

12   the chamber today, for their leadership on this 

13   issue.  

14                The communities that I represent in 

15   the South Bronx and in East Harlem have some very 

16   high numbers of lupus and probably many, many 

17   more that aren't diagnosed.  And it's a very 

18   insidious disease, and very difficult to 

19   diagnose, and very debilitating.  And it has 

20   many, many negative effects throughout the 

21   community.  

22                So I think it's a shame that there 

23   isn't more attention being paid on a national 

24   level to lupus research, and more money and more 

25   funding for innovative treatments.  


                                                               2111

 1                But I think that the fact that this 

 2   Senate body comes together every year to honor 

 3   this resolution to fight against this disease 

 4   does send a very strong message that we have to 

 5   do something urgently to deal with the growing 

 6   cases of lupus in our communities.  

 7                Thank you.

 8                ACTING PRESIDENT FLANAGAN:   Thank 

 9   you, Senator Serrano.

10                We welcome the Assemblywoman and the 

11   advocates.  

12                This resolution was previously 

13   adopted on March 19th.

14                Senator Fuschillo.

15                SENATOR FUSCHILLO:   Senator Griffo 

16   would like to open the resolution up for 

17   cosponsorship.

18                ACTING PRESIDENT FLANAGAN:   The 

19   resolution is open for cosponsorship.  Any 

20   Senator wishing not to be on the resolution, 

21   please notify the desk.

22                Senator Fuschillo.

23                SENATOR FUSCHILLO:   Mr. President, 

24   may we please have the reading of the 

25   noncontroversial calendar.


                                                               2112

 1                ACTING PRESIDENT FLANAGAN:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Calendar Number 

 4   300, substituted earlier by Member of the 

 5   Assembly Weinstein, Assembly Print Number 4061, 

 6   an act to amend Chapter 451 of the Laws of 2011.

 7                ACTING PRESIDENT FLANAGAN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT FLANAGAN:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT FLANAGAN:    

15   Announce the results.

16                THE SECRETARY:   Ayes, 56.

17                ACTING PRESIDENT FLANAGAN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   316, by Senator Marcellino, Senate Print 4319, an 

21   act to amend Chapter 704 of the Laws of 1991.

22                ACTING PRESIDENT FLANAGAN:   Read 

23   the last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect immediately.


                                                               2113

 1                ACTING PRESIDENT FLANAGAN:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT FLANAGAN:    

 5   Announce the results.

 6                THE SECRETARY:   Ayes, 56.

 7                ACTING PRESIDENT FLANAGAN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   361, substituted earlier by Member of the 

11   Assembly Paulin, Assembly Print Number 2600, an 

12   act to amend the Family Court Act.

13                ACTING PRESIDENT FLANAGAN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT FLANAGAN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT FLANAGAN:   Senator 

21   Nozzolio to explain his vote.

22                SENATOR NOZZOLIO:   Thank you, 

23   Mr. President.  

24                Mr. President, I rise to ask my 

25   colleagues to join me in congratulating the 


                                                               2114

 1   sponsor of this legislation for establishing the 

 2   first of what I know will be a long and 

 3   illustrious career in serving in this body.  This 

 4   is Simcha Felder's first bill.  Let's 

 5   congratulate him.

 6                (Applause.)

 7                ACTING PRESIDENT FLANAGAN:   The 

 8   Secretary will announce the results.

 9                THE SECRETARY:   Ayes, 56.

10                ACTING PRESIDENT FLANAGAN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   375, by Senator Little, Senate Print 3932, an act 

14   to amend the Public Authorities Law.

15                ACTING PRESIDENT FLANAGAN:   A 

16   home-rule message is at the desk.

17                Read the last section.

18                THE SECRETARY:   Section 4.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT FLANAGAN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT FLANAGAN:    

24   Announce the results.

25                THE SECRETARY:   Ayes, 55.  Nays, 


                                                               2115

 1   1.  Senator Ball recorded in the negative.

 2                ACTING PRESIDENT FLANAGAN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   414, by Senator Ball, Senate Print 2287, an act 

 6   to amend the Insurance Law.

 7                ACTING PRESIDENT FLANAGAN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 6.  This 

10   act shall take effect on the first of January.

11                ACTING PRESIDENT FLANAGAN:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT FLANAGAN:   Senator 

15   Gipson to explain his vote.

16                SENATOR GIPSON:   Thank you, 

17   Mr. President.  

18                I want to congratulate Senator Ball 

19   for bringing this important bill to the floor.  

20   It does what I think we should be doing more of, 

21   which is requiring insurance companies to cover 

22   the devastating effects of so many chronic 

23   diseases.  

24                And by the support that this bill 

25   has received today in the chamber, it is clear to 


                                                               2116

 1   me that everyone in this chamber agrees that this 

 2   is something that we should be doing more of.  

 3                So it's important for me to point 

 4   out that I am also carrying a bill called the 

 5   Tick-Bite Bill which would do exactly the same 

 6   thing for people that are not covered by the 

 7   devastating diseases associated with tick-borne 

 8   illness.  We need to extend coverage to them; 

 9   that's what that bill would do.  

10                And I look forward to receiving the 

11   same support this chamber has shown today for my 

12   bill when it comes to the floor soon.  

13                Thank you, and I will be voting yes.

14                ACTING PRESIDENT FLANAGAN:   Thank 

15   you, Senator Gipson.  

16                The Secretary will announce the 

17   results.

18                THE SECRETARY:   Ayes, 56.

19                ACTING PRESIDENT FLANAGAN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   417, substituted earlier by Member of the 

23   Assembly Cahill, Assembly Print Number 2051, an 

24   act to amend the State Finance Law.

25                ACTING PRESIDENT FLANAGAN:   Read 


                                                               2117

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT FLANAGAN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT FLANAGAN:    

 8   Announce the results.

 9                THE SECRETARY:   Ayes, 56.

10                ACTING PRESIDENT FLANAGAN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   431, by Senator Flanagan, Senate Print 1193, an 

14   act to amend the Parks, Recreation and Historic 

15   Preservation Law.

16                ACTING PRESIDENT FLANAGAN:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT FLANAGAN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT FLANAGAN:    

24   Announce the results.

25                THE SECRETARY:   Ayes, 56.


                                                               2118

 1                ACTING PRESIDENT FLANAGAN:   The 

 2   bill is passed.

 3                Senator Fuschillo, that completes 

 4   the noncontroversial reading of the calendar.

 5                SENATOR FUSCHILLO:   Mr. President, 

 6   in consultation with Senator Stewart-Cousins, 

 7   Senator Klein and Senator Skelos, we are handing 

 8   up the following Democratic Conference committee 

 9   assignments and ask that such assignments be 

10   filed in the Journal.

11                ACTING PRESIDENT FLANAGAN:   So 

12   ordered.

13                Senator Fuschillo.

14                SENATOR FUSCHILLO:   Mr. President, 

15   is there any other business at the desk?

16                ACTING PRESIDENT FLANAGAN:   Senator 

17   Fuschillo, there is not.

18                SENATOR FUSCHILLO:   There being no 

19   further business, I move we adjourn until Monday, 

20   May 6th, at 3:00 p.m., intervening days being 

21   legislative days.

22                ACTING PRESIDENT FLANAGAN:   On 

23   motion, the Senate stands adjourned until Monday, 

24   May 6th, at 3:00 p.m., intervening days being 

25   legislative days.


                                                               2119

 1                (Whereupon, at 11:15 a.m., the 

 2   Senate adjourned.)

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