Regular Session - May 21, 2013

                                                                   2402

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 21, 2013

11                     4:35 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DIANE J. SAVINO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               2403

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

 2                ACTING PRESIDENT SAVINO:   The 

 3   Senate will please come to order.  

 4                I ask all those present to please 

 5   rise with me, as we welcome the Color Guard, in 

 6   the Pledge of Allegiance.

 7                (Whereupon, the Color Guard entered 

 8   the chamber and presented the colors.  The 

 9   assemblage recited the Pledge of Allegiance to 

10   the Flag, and the Color Guard exited the 

11   chamber.)

12                ACTING PRESIDENT SAVINO:   At this 

13   time I would ask all those present to please 

14   observe with us a moment of silence for the 

15   victims of the Oklahoma tornado.

16                (Whereupon, the assemblage 

17   respected a moment of silence.)

18                ACTING PRESIDENT SAVINO:   Today we 

19   are joined by Reverend Hermon Darden, of 

20   Vanderveer Park United Methodist Church in 

21   Brooklyn, who will deliver the invocation.

22                REVEREND DARDEN:   Let us pray.

23                Gracious God, we ask Your blessing 

24   upon all of the Senators gathered in this 

25   chamber.  Continue to strengthen them and lift 


                                                               2404

 1   them up to do the work of this state.  

 2                We ask an additional blessing on 

 3   their families, who so graciously sacrifice 

 4   their time with them and loan them for the work 

 5   of the State of New York.  Bless the staff who 

 6   are dedicated to supporting the work of our 

 7   elected officials.  

 8                We ask, O Lord, a special blessing 

 9   upon the people who have suffered in Oklahoma.  

10   Be with them with Your presence and Your peace, 

11   a peace which passeth all understanding.  We 

12   especially ask blessings upon those who will be 

13   impoverished as a result of this tragedy.

14                We too ask that those who are 

15   residents of this state who are poor be given 

16   special attention.  We pray, Dear God, that You 

17   will lift up advocates, as You have in this 

18   chamber, who will focus on the poor and the 

19   indigent in the State of New York.

20                Keep before us the words of Eleanor 

21   Roosevelt, who said "Poverty is an expensive 

22   luxury we cannot afford," and the wisdom of 

23   Mahatma Gandhi, who said:  "Poverty is the worst 

24   form of violence."  

25                And most of all, gracious God, keep 


                                                               2405

 1   before us Your word found in Proverbs 31, where 

 2   we hear admonishment to speak out, for those who 

 3   cannot speak, for the rights of the destitute.  

 4   Speak out, judge righteously, defend the rights 

 5   of the poor and needy.  

 6                We ask for these blessings in the 

 7   name of Yahweh, the God of Moses the Lawgiver, 

 8   in the name of Allah the Merciful, and through 

 9   Jesus Christ, our Lord, we pray.  

10                Amen.

11                ACTING PRESIDENT SAVINO:   The 

12   reading of the Journal.

13                THE SECRETARY:   In Senate, Monday, 

14   May 20th, the Senate met pursuant to 

15   adjournment.  The Journal of Sunday, May 19th, 

16   was read and approved.  On motion, Senate 

17   adjourned.

18                ACTING PRESIDENT SAVINO:   Without 

19   objection, the Journal stands approved as read.

20                Presentation of petitions.

21                Messages from the Assembly.

22                The Secretary will read.

23                THE SECRETARY:   On page 31, 

24   Senator Valesky moves to discharge, from the 

25   Committee on Finance, Assembly Bill Number 433 


                                                               2406

 1   and substitute it for the identical Senate Bill 

 2   Number 2157, Third Reading Calendar 552.

 3                ACTING PRESIDENT SAVINO:   So 

 4   ordered.

 5                THE SECRETARY:   And on page 34, 

 6   Senator Nozzolio moves to discharge, from the 

 7   Committee on Local Government, Assembly Bill 

 8   Number 4665A and substitute it for the identical 

 9   Senate Bill Number 3636A, Third Reading Calendar 

10   585.

11                ACTING PRESIDENT SAVINO:   So 

12   ordered.  

13                Messages from the Governor.  

14                Reports of standing committees.

15                Reports of select committees.

16                Communications and reports from 

17   state officers.

18                Motions and resolutions.

19                Senator Libous.

20                SENATOR LIBOUS:   Madam President, 

21   would you please call on Senator Gianaris.

22                ACTING PRESIDENT SAVINO:   Senator 

23   Gianaris.

24                SENATOR GIANARIS:   Thank you, 

25   Madam President.  


                                                               2407

 1                On behalf of Senator Avella, on 

 2   page number 32 I offer the following amendments 

 3   to Calendar Number 567, Senate Print Number 4544, 

 4   and ask that said bill retain its place on 

 5   Third Reading Calendar.

 6                ACTING PRESIDENT SAVINO:   So 

 7   ordered.

 8                Senator Libous.  

 9                SENATOR LIBOUS:   Madam President, 

10   would you call on Senator Carlucci, please.

11                ACTING PRESIDENT SAVINO:   Senator 

12   Carlucci.

13                SENATOR CARLUCCI:   Thank you, 

14   Madam President.  

15                On page number 20, on behalf of 

16   Senator Klein, I offer the following amendments 

17   to Calendar Number 358, Senate Print Number 3862, 

18   and ask that said bill will retain its place on 

19   the Third Reading Calendar.

20                ACTING PRESIDENT SAVINO:   So 

21   ordered.

22                Senator Libous.

23                SENATOR LIBOUS:   Thank you, 

24   Madam President.  

25                On behalf of Senator Seward, would 


                                                               2408

 1   you please place a sponsor's star on Calendar 

 2   Number 589.

 3                ACTING PRESIDENT SAVINO:   So 

 4   ordered.

 5                SENATOR LIBOUS:   And on behalf of 

 6   Senator Fuschillo, I call up his bill, Print 

 7   Number 774, recalled from the Assembly, which is 

 8   now at the desk.

 9                ACTING PRESIDENT SAVINO:   The 

10   Secretary will read the title of the bill.

11                THE SECRETARY:   Calendar Number 

12   439, by Senator Fuschillo, Senate Print 774, an 

13   act to amend the General Business Law.

14                SENATOR LIBOUS:   Madam President, I 

15   now move to reconsider the vote by which this 

16   bill was passed.

17                ACTING PRESIDENT SAVINO:   The 

18   Secretary will call the roll on reconsideration.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 56.

21                SENATOR LIBOUS:   Madam President, I 

22   offer the following amendments.

23                ACTING PRESIDENT SAVINO:   The 

24   amendments are received.

25                Senator Libous.  


                                                               2409

 1                SENATOR LIBOUS:   Madam President, 

 2   on behalf of Senator Seward, on page 14 I offer 

 3   the following amendments to Calendar Number 206, 

 4   Senate Print 4171, and ask that said bill retain 

 5   its place on the Third Reading Calendar.

 6                ACTING PRESIDENT SAVINO:   So 

 7   ordered.

 8                SENATOR LIBOUS:   And, Madam 

 9   President, on behalf of Senator DeFrancisco, on 

10   page 34 I offer the following amendments to 

11   Calendar Number 583, Senate Print Number 553, and 

12   ask that said bill retain its place on the 

13   Third Reading Calendar.

14                ACTING PRESIDENT SAVINO:   So 

15   ordered.

16                Senator Libous.

17                SENATOR LIBOUS:   Madam President, 

18   at this time may we please adopt the 

19   Resolution Calendar, with the exception of 

20   Resolution Numbers 1897, 1912, 1913, 1938 and 

21   1976.

22                ACTING PRESIDENT SAVINO:   All in 

23   favor of adopting the Resolution Calendar, with 

24   the exception of 1897, 1912, 1913, 1938 and 1976, 

25   signify by saying aye.


                                                               2410

 1                (Response of "Aye.")

 2                ACTING PRESIDENT SAVINO:   Opposed, 

 3   nay.

 4                (No response.)

 5                ACTING PRESIDENT SAVINO:   The 

 6   Resolution Calendar is adopted, with the 

 7   exceptions.

 8                Senator Libous.

 9                SENATOR LIBOUS:   Thank you, 

10   Madam President.

11                Madam President, there's a 

12   resolution at the desk by Senator Skelos, 

13   Number 1938.  I ask that you please read it in 

14   its entirety and ask for its adoption, please.  

15   And at that time I believe you'll call on 

16   Senator Ball, Senator Addabbo, and 

17   Senator Sanders.

18                ACTING PRESIDENT SAVINO:   The 

19   Secretary will read.

20                THE SECRETARY:   Legislative 

21   Resolution Number 1938, by Senators Skelos, Klein 

22   and Stewart-Cousins, honoring the distinguished 

23   veterans from the State of New York upon the 

24   occasion of their induction into the New York 

25   State Senate Veterans Hall of Fame to be 


                                                               2411

 1   celebrated on May 21, 2013.  

 2                "WHEREAS, Members of the Armed 

 3   Services from the State of New York, who have 

 4   served so valiantly and honorably in wars in 

 5   which this country's freedom was at stake, as 

 6   well as in the preservation of peace in 

 7   peacetime, deserve a special salute from this 

 8   Legislative Body; and 

 9                "WHEREAS, Attendant to such concern,  

10   and in full accord with its long-standing 

11   traditions, this Legislative Body is justly proud 

12   to honor the distinguished veterans from the 

13   State of New York upon the occasion of their 

14   induction into the New York State Senate Veterans 

15   Hall of Fame to be celebrated on May 21, 2013; 

16   and 

17                "WHEREAS, The New York State Senate 

18   Veterans Hall of Fame inductees are members of 

19   any branch of the United States Armed Forces, 

20   which include Army, Navy, Coast Guard, Air Force, 

21   and Marine Corps; these exceptional men and women 

22   are chosen for this prestigious honor based on 

23   either service in combat or notable work 

24   performed after discharge from the service; and 

25                "WHEREAS, The 2013 inductees 


                                                               2412

 1   include:  Robert Addison, Jerry Alperstein, Allan 

 2   P. Atwell, Mike Brennan, Irving Cantor, Philip 

 3   R. Capraro, Eric Carver, Warren Craig,  Roswell 

 4   L. Crozier, Jr., Robert Danke, John F. Drago, 

 5   Walter George Drago, William DuBose, Howard Dunn, 

 6   James A. Haggerty, Walter Hobbs, Daniel J. 

 7   Honsinger, Indiana Hunt, Marvin R. Jeffcoat, 

 8   Richard R. Keiser, Mike LaNassa, Don Linborg, 

 9   Luis Lorenzo, Charles A. Maushardt, Silvio 

10   Mazzella, Nicholas L. Mazzola, Ray Melens, 

11   James W. Merritte, William Nazario, Stephen 

12   Nicolino, Robert Nolan, Zulma L. Novoa, Stephen 

13   Owen, Elliott S. Palais, Carmen 'Carm' 

14   Pascarella, Jr., Jacquemae Perrotta, Veronica D. 

15   Reid, Katherine Robinson, Terrance L. Roche,  

16   Marlene L. Roll, Francis H. Romanitch, 

17   Costantino Scutari, Roma Stern, Dennis Sullivan, 

18   Kenneth Taylor, Don Thomas, Robert Thybulle, 

19   Art Van Tyne, Khammoon Viengkham, Wilbur A.  

20   Weder, Loretta Weiss, William R. Wilson III, 

21   Gerry West, and Roger L. Woodworth; and 

22                "WHEREAS, The banner of freedom will 

23   always wave over our beloved New York and all of 

24   America, the land of the free and the home of the 

25   brave; and 


                                                               2413

 1                "WHEREAS, The freedoms and security 

 2   we cherish as Americans come at a very high price 

 3   for those serving in the military in times of 

 4   conflict; it is fitting and proper that we who 

 5   are the beneficiaries of those who risk their 

 6   lives must never forget the courage with which 

 7   these men and women served their country; and 

 8                "WHEREAS, Our nation's veterans 

 9   deserve to be recognized, commended and thanked 

10   by the people of the State of New York for their 

11   service and for their dedication to their 

12   communities, their state and their nation; now, 

13   therefore, be it 

14                "RESOLVED, That this Legislative 

15   Body pause in its deliberations to honor the 

16   distinguished veterans from the State of New York  

17   upon the occasion of their induction into the 

18   New York State Senate Veterans Hall of Fame, to 

19   be celebrated on May 21, 2013; and be it further 

20                "RESOLVED, That copies of this 

21   resolution, suitably engrossed, be transmitted to 

22   the 2013 inductees."

23                ACTING PRESIDENT SAVINO:   Senator 

24   Ball.

25                SENATOR BALL:   It's an honor just 


                                                               2414

 1   to briefly rise and say that today was an awesome 

 2   event.  We're joined by veterans throughout the 

 3   state from World War II, men and women who served 

 4   up until present conflicts.  And I can tell you 

 5   that at times there was not a dry eye in the 

 6   house.

 7                And to the veterans who are here, I 

 8   know I speak on behalf of all of us to say to the 

 9   veterans and the families, from the bottom of my 

10   heart and all of our hearts, thank you so very 

11   much for your service to this great and beautiful 

12   country.  

13                Thank you, and God bless.

14                ACTING PRESIDENT SAVINO:   Senator 

15   Addabbo on the resolution.

16                SENATOR ADDABBO:   Thank you, 

17   Madam President.

18                It is truly an honor for me to 

19   welcome all veterans here today in celebrating 

20   the Senate Hall of Fame ceremonies.  And I want 

21   to also echo the thoughts of our chair, 

22   Senator Ball, in saying thank you to all for the 

23   commitment and dedication.  

24                We have veterans here of all ages, 

25   from all branches, from all corners of the state, 


                                                               2415

 1   veterans who served in different conflicts, in 

 2   different ways, and come from different 

 3   backgrounds.  But they all have this in common:  

 4   a commitment and dedication to our country.  And 

 5   we thank them for it.  

 6                New York State is home to over 

 7   900,000 veterans.  And as a State Legislature we 

 8   have a unique opportunity -- some feel an 

 9   obligation -- to give back to our veterans, to 

10   help them find employment, to help them in their 

11   healthcare, and to help their families.

12                Congratulations to all honorees and 

13   inductees to today's Senate Hall of Fame in the 

14   ceremonies, and thank you again for your 

15   service.  

16                Thank you, Madam President.

17                ACTING PRESIDENT SAVINO:   Senator 

18   Sanders on the resolution.

19                SENATOR SANDERS:   Thank you.  

20                As a Marine Corps veteran, I stand 

21   to honor those who fought and bled for this 

22   country, not simply in foreign battlefields, but 

23   once they returned home.  They understood that 

24   the battle was not over then, and they took 

25   leadership positions in their communities.  And 


                                                               2416

 1   we really appreciate those things.

 2                The inductees have set a high bar 

 3   that the future people who go into the military 

 4   will have to try to live up to.  I am assured 

 5   that America will always produce youth of the 

 6   quality of the inductees so that this country 

 7   will remain free.  

 8                So I thank you again, the inductees 

 9   and their families, for your service, not simply 

10   in the battlefield, but once you came home.  

11   Thank you.

12                ACTING PRESIDENT SAVINO:   The 

13   question is on the resolution.  All those in 

14   favor signify by saying aye.

15                (Response of "Aye.")

16                ACTING PRESIDENT SAVINO:   Opposed, 

17   nay.

18                (No response.) 

19                ACTING PRESIDENT SAVINO:   The 

20   resolution is adopted.  

21                SENATOR LIBOUS:   Madam President, 

22   could we open this up to all the members.  And as 

23   is our normal policy, if someone chooses not to 

24   be on it, they should let the desk know. 

25                ACTING PRESIDENT SAVINO:   This 


                                                               2417

 1   resolution is open up to all members of the 

 2   Senate.  Anyone wishing not to have their name on 

 3   the resolution, please see the desk.

 4                Senator Libous.

 5                SENATOR LIBOUS:   If we could now 

 6   take up Resolution 1913, by Senator Larkin.  If 

 7   you could read it in its entirety and call on 

 8   Senator Larkin and then Senator Diaz, please.

 9                ACTING PRESIDENT SAVINO:   The 

10   Secretary will read.

11                THE SECRETARY:   Legislative 

12   Resolution Number 1913, by Senator Larkin, 

13   honoring the 65th Infantry Regiment of 

14   Puerto Rico, known as the Borinqueneers.  

15                "WHEREAS, American military heroes 

16   who served valiantly and honorably in our 

17   nation's wars should be recognized by the people  

18   of this state and nation, and the courage with 

19   which they fought should never be forgotten; and 

20                "WHEREAS, Attendant to such concern, 

21   and in full accord with its long-standing 

22   traditions, this Legislative Body is justly proud 

23   to honor the 65th Infantry Regiment of 

24   Puerto Rico, known as the Borinqueneers; and 

25                "WHEREAS, Mandated by Congress in 


                                                               2418

 1   1899, the 65th Infantry Regiment from Puerto Rico 

 2   played a prominent role in American military 

 3   history, participating in three United States 

 4   wars:  World War I, World War II, and, most 

 5   notably, the Korean War; and 

 6                "WHEREAS, Enlisting in the United 

 7   States Armed Forces, the soldiers from the 

 8   65th Infantry Regiment of Puerto Rico 

 9   courageously shed their blood in service to this 

10   great nation; and 

11                "WHEREAS, On February 2, 1951, the 

12   Borinqueneers, in the face of overwhelming odds, 

13   earned the sole distinction of conducting the 

14   last battalion-sized bayonet charge in American 

15   military history when they engaged the Chinese 

16   149th Division in mortal combat; and 

17                "WHEREAS, The soldiers of the 

18   65th Infantry Regiment of Puerto Rico served with 

19   distinction and valor, earning two Presidential  

20   Unit Citations, an Army Unit Superior Award, a 

21   Navy Unit Citation, two Republic of Korea 

22   Presidential Unit Citations and the Bravery Gold 

23   Medal of Greece; and 

24                "WHEREAS, In the spirit of true 

25   American heroism, the 65th Infantry Regiment of 


                                                               2419

 1   Puerto Rico is an inspiration to every  American; 

 2   they are exceptional soldiers who deserve to be 

 3   recognized, commended and remembered by the 

 4   people of the State of New York and by all  

 5   Americans; and 

 6                "WHEREAS, As Americans, it is our 

 7   responsibility to ensure that our history is 

 8   documented and reverence is given to our war 

 9   heroes; and 

10                "WHEREAS, It is fitting and proper 

11   that we, the benefactors of the sacrifices and 

12   courageous acts of the men and women who served 

13   and continue to serve in the United States Armed 

14   Forces, express our appreciation and eternal  

15   gratitude for their service to our great nation; 

16   now, therefore, be it 

17                "RESOLVED, That this Legislative 

18   Body pause in its deliberations to honor the 65th  

19   Infantry Regiment of Puerto Rico, known as the 

20   Borinqueneers; and be it further 

21                "RESOLVED, That copies of this  

22   resolution, suitably engrossed, be transmitted  

23   to Ruben Estrada, Co-Chairman, The Borinqueneers 

24   Stamp Committee, Anthony Mele, Chairman of the 

25   65th Infantry Regiment Honor Task Force and  


                                                               2420

 1   great-grandson of Leoncio Beauchamp (65th 

 2   Infantry Regiment of Puerto Rico, 1917); Javier 

 3   Morales, President of the 65th Infantry Veterans 

 4   Association in Puerto Rico; Pedro Pierluisi, 

 5   Puerto Rico Resident Commissioner; Danny Nieves, 

 6   65th Infantry Regiment Archivist and 

 7   Borinqueneers.net webmaster; and to the following  

 8   members of the Congress of Puerto Rican Veterans- 

 9   Borinqueneers Post:  Modesto Cartagena, Luis 

10   Quinones, Antonio Rodriquez-Balinas, Israel  

11   Montalvo, Angel Pagan, Felix Ortiz, Augustin 

12   Ramirez, Angel Rivera, Anthony Melendez, Jesus 

13   Ojeda, Tomas Lopez, Julio Mercado, Jamie Lopez,  

14   Luis Martinez, Eugenio Quevedo, Angel Alvarez,  

15   Samuel Vazquez, Francisco Alicea, Juan Carrion, 

16   Pedro Torruellas, Rafael Cordero, Candido De La 

17   Paz, Eladio Cordero, Ramon S. Velez, Jose Ernesto 

18   Cordero, Cruz Martinez, and Pedro J. Vanga."

19                ACTING PRESIDENT SAVINO:   Senator 

20   Larkin.

21                SENATOR LARKIN:   Thank you, 

22   Madam President.

23                You know, we're honored here by 

24   having some special guests because of this 

25   resolution.  In the gallery there is Ruben 


                                                               2421

 1   Estrada.  Ruben is the chairman of the 

 2   Borinqueneers Stamp Committee.  Tony Mele is the 

 3   chairman of the task force for the 65th.  Thank 

 4   you, Tony.  And our deputy post commander is 

 5   Evelyn Reyes.  

 6                You know, we've been working with 

 7   this group here, and there are others in the City 

 8   of New York and in Puerto Rico, for over a year 

 9   right now on this stamp.  First of all, they 

10   understand that the stamp isn't easy.  These 

11   three individuals helped us when we got the 

12   Purple Heart stamp.  It took us 11 and a half 

13   years to get it.  We've only got one year in it.  

14                But when you look at the combat 

15   record of this unit -- World War I, World War II, 

16   Korea -- the number of awards and decorations 

17   that were received by individuals and by the 65th 

18   itself tells you of a combat unit.  When you talk 

19   about it and you read in the book, it talks about 

20   the bayonet challenge.  Other units that were in 

21   the same area pulled back.  The 65th stood there, 

22   put their bayonets on, and charged forward.  

23                These are dedicated men and women.  

24   We should be very proud of them, not just because 

25   they're from Puerto Rico, but because they are 


                                                               2422

 1   Americans.  And this is a great opportunity for 

 2   us as a legislative body to say, as we did in the 

 3   resolution, what we think about them, that we 

 4   appreciate what they've done.  

 5                And I think each and every one of us 

 6   should go back to our communities and find out 

 7   how many members that are from Puerto Rico that 

 8   are here now and what can we do to assist them in 

 9   having this stamp approved by the U.S. Postal 

10   Department.  

11                Madam President, I thank you very 

12   much, and I'd like to open it up for everybody.  

13   Because to not have your name on here is saying 

14   something.  Today we talked about all of our 

15   veterans.  But if you're not going to join in 

16   with us on this, then where is your heart and 

17   your respect for those who served in combat?  

18                Thank you.

19                ACTING PRESIDENT SAVINO:   Senator 

20   Diaz on the resolution.

21                SENATOR DIAZ:   Thank you, 

22   Madam President.  

23                I rise to express my appreciation to 

24   Senator Larkin and to Ruben Estrada.  Senator 

25   Larkin, Madam President, he does not represent a 


                                                               2423

 1   Hispanic area, mainly.  But he has come even to 

 2   my district in the South Bronx, all the way from 

 3   his district upstate.  Ruben Estrada and Senator 

 4   Larkin came to my district to name a Bronx street 

 5   for the Borinqueneers.

 6                So thank you, Senator Larkin, for 

 7   all your effort and helping us Puerto Ricans 

 8   recognize our heroes.

 9                But also, Madam President and ladies 

10   and gentlemen, I want to commend Senator Greg 

11   Ball.  This morning we have -- we had this 

12   morning a ceremony in which we witnessed the 

13   opportunity given to each one of us to bring one 

14   of our veterans from our districts to be 

15   recognized.  And it was a beautiful ceremony, 

16   well coordinated.  

17                But, Madam President and ladies and 

18   gentlemen, the closing, the closing of that 

19   ceremony was so sentimental, so deep, so 

20   emotional, it made a lot of people cry.  And that 

21   closing was tastefully done and well put, and I 

22   have to congratulate Senator Greg Ball and the 

23   committee that put this ceremony together.  

24                And I have to tell you, 

25   Madam President, before I sit down, that even the 


                                                               2424

 1   great, the great Yankee closer Mariano Rivera 

 2   cannot make a closing better than what Greg Ball 

 3   did this morning.  

 4                Thank you, ladies and gentlemen.

 5                ACTING PRESIDENT SAVINO:   Thank 

 6   you, Senator Diaz.

 7                Senator Carlucci on the resolution.

 8                SENATOR CARLUCCI:   Thank you, 

 9   Madam President.  

10                I want to thank Senator Larkin and 

11   Senator Diaz for those kind words.  It's so 

12   fitting that today we honor the 65th Infantry 

13   Regiment of Puerto Rico.  

14                And I want to thank my friends 

15   Ruben, Evelyn and Anthony Mele for keeping this 

16   legacy alive.  And Anthony Mele is the 

17   great-grandson of one of the heroes that served 

18   in the 65th Infantry Regiment of Puerto Rico.  So 

19   it's so fitting that we do this today.  

20                And I want to thank again Senator 

21   Larkin for introducing this legislation, and our 

22   local veterans for making sure that this legacy 

23   stays alive, and all of the members for 

24   supporting this resolution.  

25                Thank you, Madam President.


                                                               2425

 1                ACTING PRESIDENT SAVINO:   Thank 

 2   you.  

 3                Senator Dilan on the resolution.

 4                SENATOR DILAN:   Thank you very 

 5   much, Madam President.  

 6                I rise to honor the memory of those 

 7   Borinqueneers who served in the 65th Infantry and 

 8   to really congratulate them for their service in 

 9   World War I, World War II, the Korean War, and 

10   the War on Terror also.  

11                And to those that are still here 

12   with us, I just want to honor and thank them for 

13   their service to this country.

14                I'm very proud, one, of being a 

15   Puerto Rican and for them being Puerto Ricans.  

16   So I want to thank Senator Larkin and 

17   Senator Ball and all my colleagues for honoring 

18   these individuals and their service.  

19                But also, in the Assembly, I would 

20   like to also congratulate and thank 

21   Assemblywoman Carmen Arroyo for introducing a 

22   same-as in the Assembly.  

23                Thank you.

24                ACTING PRESIDENT SAVINO:   Thank 

25   you, Senator Dilan.


                                                               2426

 1                Are there any other Senators wishing 

 2   to be heard on the resolution?

 3                Seeing none, the question is on the 

 4   resolution.  All those in favor signify by saying 

 5   aye.

 6                (Response of "Aye.")

 7                ACTING PRESIDENT SAVINO:   Opposed, 

 8   nay.

 9                (No response.)

10                ACTING PRESIDENT SAVINO:   The 

11   resolution is adopted.

12                Senator Libous.

13                SENATOR LIBOUS:   Thank you, 

14   Madam President.

15                And I believe Senator Larkin would 

16   like to open the resolution up for all members.  

17   As the policy goes, if you choose not to go on 

18   the resolution, let Senator Larkin know.  

19   Otherwise, your names will be placed on the 

20   resolution.

21                (Laughter.)

22                ACTING PRESIDENT SAVINO:   Senator 

23   Libous.

24                SENATOR LIBOUS:   At this time I 

25   believe there's a resolution, Number 1897, by 


                                                               2427

 1   Senator Little.  Could we have a title read only 

 2   and call on Senator Little to speak.

 3                ACTING PRESIDENT SAVINO:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Legislative 

 6   Resolution Number 1897, by Senator Little, 

 7   memorializing Governor Andrew M. Cuomo to 

 8   proclaim May 12-19, 2013, as Fibromyalgia 

 9   Awareness Week in the State of New York.

10                ACTING PRESIDENT SAVINO:   Senator 

11   Little.

12                SENATOR LITTLE:   Thank you, 

13   Madam President.

14                This is a resolution for better 

15   awareness of fibromyalgia.  This is a disease 

16   that affects about 10 million people in the 

17   United States and many, many more people 

18   worldwide.  It's a chronic syndrome that is 

19   increasing at alarming rates, and it causes 

20   debilitating fatigue and chronic pain in women, 

21   men, and children of all ethnicities.  

22                Sometimes it can take up to five 

23   years to even be diagnosed with fibromyalgia, and 

24   then what you're told by the physician once you 

25   are diagnosed is that you need to learn to live 


                                                               2428

 1   with it.

 2                What we have and what we are looking 

 3   for is more awareness.  We have a National 

 4   Fibromyalgia and Chronic Pain Association, which 

 5   has joined with the International Institute for 

 6   Human Empowerment, which is based in New York 

 7   State, to promote fibromyalgia awareness and 

 8   support, including improved education, diagnosis, 

 9   research and treatment -- support for people who 

10   are struggling with the challenges of this 

11   chronic pain disease.

12                The neurosciences department of 

13   Albany Medical Center, right here in our area, 

14   conducts medical research and provides continuing 

15   education for physicians and other healthcare 

16   providers in regard to fibromyalgia.

17                I ask you all to join with me in 

18   this resolution as we try to increase awareness 

19   of this disease that affects so many people, 

20   fibromyalgia.  By increasing awareness and more 

21   education about the disease, we will be able to 

22   help those people who are afflicted by it and 

23   hopefully find a cause or a cure for those who 

24   are afflicted and those who may get it in the 

25   future, and also to reduce the number of people 


                                                               2429

 1   who are afflicted by this.

 2                So thank you very much for joining 

 3   me today, and I appreciate your support.

 4                ACTING PRESIDENT SAVINO:   Thank 

 5   you, Senator Little.

 6                Are there any other Senators wishing 

 7   to be heard on the resolution?  

 8                Seeing none, the question is on the 

 9   resolution.  All in favor signify by saying aye.

10                (Response of "Aye.")

11                ACTING PRESIDENT SAVINO:   Opposed, 

12   nay.

13                (No response.)

14                ACTING PRESIDENT SAVINO:   The 

15   resolution is adopted.  

16                Senator Libous.  

17                SENATOR LIBOUS:   I'd like to open 

18   the resolution up, at Senator Little's request, 

19   to all the members of the Senate.  If you wish 

20   not to be on the resolution, let any one of those 

21   fine people at the desk know.  Thank you.  

22                Madam President, I believe Senator 

23   Hassell-Thompson has Resolution 1976.  She asks 

24   that you read the title only, and then she would 

25   like to speak on the resolution.


                                                               2430

 1                ACTING PRESIDENT SAVINO:    

 2   Resolution 1897, by Senator Little, is open for 

 3   cosponsorship.  If you do not choose to be on the 

 4   resolution, please notify the desk.  

 5                And the Secretary will read 

 6   Resolution 1976.

 7                THE SECRETARY:   Legislative 

 8   Resolution Number 1976, by Senator 

 9   Hassell-Thompson, honoring Isaiah Moore upon the 

10   occasion of being named the Mount Vernon Boys & 

11   Girls Club 2013 Youth of the Year.

12                ACTING PRESIDENT SAVINO:   Senator 

13   Hassell-Thompson.

14                SENATOR HASSELL-THOMPSON:   Thank 

15   you, Madam President.

16                I would like to congratulate Isaiah 

17   Moore for being named the Mount Vernon Boys & 

18   Girls Club 2013 as well as the 2012 Youth of the 

19   Year.  

20                Being named Youth of the Year is the 

21   highest honor that a boy or a girl from the 

22   Boys & Girls Club could ever receive.  This 

23   nomination recognizes contributions to a member's 

24   family, school, community and Boys & Girls Club 

25   as well as overcoming personal challenges and 


                                                               2431

 1   obstacles.

 2                Isaiah has been a member of the 

 3   Boys & Girls Club of Mount Vernon for 11 years, 

 4   joining when he was just six.  Isaiah was born 

 5   with spina bifida and is paralyzed from the legs 

 6   down, but has never allowed this to stop him from 

 7   achieving the goals he sets for himself.  Isaiah 

 8   participates in many of the Boys & Girls Club's 

 9   programming, including Passport to Manhood, which 

10   is a prevention program for preteen and teen 

11   boys; Social Recreation game room activities, 

12   which promotes sportsmanship; Power Hour, which 

13   is a homework-assistance program; Project Learn, 

14   an educational philosophy; and Smart Moves, which 

15   is also another prevention program for preteens; 

16   and Triple Play, a fitness program emphasizing 

17   body, mind, spirit and soul.  

18                As he has gotten older, Isaiah has 

19   taken on a leadership role.  He has volunteered 

20   at the club for more than 1200 hours in each of 

21   the past two years and is currently the head 

22   coach and mentor of the children-under-13 

23   basketball team.  Isaiah also volunteers by 

24   helping to feed senior citizens through a program 

25   run through his church, Emmanual Pentecostal 


                                                               2432

 1   Faith Temple.  

 2                Isaiah is currently a senior at 

 3   Nellie Thornton High School and in the fall he 

 4   has been accepted at the University of Missouri, 

 5   where he will be a member of its wheelchair 

 6   basketball team.  

 7                Isaiah is an inspiration and a 

 8   wonderful role model for our youth.  And I know 

 9   he will always remember the great impact that 

10   Boys & Girls Club of Mount Vernon has meant to 

11   him and his life.  

12                Thank you, Madam President.

13                ACTING PRESIDENT SAVINO:   Thank 

14   you, Senator Hassell-Thompson.

15                Are there any other Senators wishing 

16   to be heard on the resolution?

17                Seeing none, the question is on the 

18   resolution.  All those in favor signify by saying 

19   aye.

20                (Response of "Aye.")

21                ACTING PRESIDENT SAVINO:   Opposed, 

22   nay.

23                (No response.)

24                ACTING PRESIDENT SAVINO:   The 

25   resolution is adopted.


                                                               2433

 1                Senator Libous.

 2                SENATOR LIBOUS:   Thank you, 

 3   Madam President.

 4                I'd like to take up a previously 

 5   adopted resolution, Number 1333, by 

 6   Senator Breslin.  If you would read it in its 

 7   entirety, and then I believe Senator Breslin 

 8   would like to speak on it.

 9                ACTING PRESIDENT SAVINO:   The 

10   Secretary will read.

11                THE SECRETARY:   Legislative 

12   Resolution Number 1333, by Senator Breslin, 

13   commemorating the 200th Anniversary of the 

14   Watervliet Arsenal.  

15                "WHEREAS, It is the sense of this 

16   Legislative Body to observe significant events 

17   which represent turning points in our unique 

18   history and which are indelibly etched in the 

19   saga of our great nation; and 

20                "WHEREAS, Attendant to such concern, 

21   and in full accord with its long-standing  

22   traditions, this Legislative Body is justly proud 

23   to commemorate the 200th Anniversary of the 

24   Watervliet Arsenal on Friday, May 10, 2013, at 

25   the Watervliet Cultural Center in Watervliet, 


                                                               2434

 1   New York; and 

 2                "WHEREAS, The Watervliet Arsenal is 

 3   an arsenal of the United States Army located in 

 4   Watervliet, New York.  It is the oldest 

 5   continuously active arsenal in the United States, 

 6   and today produces much of the artillery for the 

 7   Army as well as gun tubes for cannons, mortars,  

 8   and tanks; and 

 9                "WHEREAS, Becoming a National 

10   Historic Landmark in 1966, the arsenal was 

11   founded in 1813 to support the War of 1812; it 

12   was designated as the Watervliet Arsenal in 1817; 

13   and 

14                "WHEREAS, The Watervliet Arsenal is 

15   occupied on 142 acres of land.  The site contains 

16   manufacturing, administrative offices, storage 

17   areas, and a museum tracing weaponry from the  

18   17th century through modern times; and 

19                "WHEREAS, In addition, the  

20   Watervliet Arsenal contains the Army's 

21   Benet Laboratories, which performs product 

22   development, improvement, research, and testing.  

23   It bears the historic Iron Building which 

24   currently serves as the Watervliet Arsenal 

25   Museum; and 


                                                               2435

 1                "WHEREAS, It is the sense of this 

 2   Legislative Body that when organizations of such 

 3   noble aims and accomplishments are brought to our 

 4   attention, they should be celebrated and 

 5   recognized by all the citizens of this great 

 6   Empire State; now, therefore, be it 

 7                "RESOLVED, That this Legislative 

 8   Body pause in its deliberations to commemorate 

 9   the 200th Anniversary of the Watervliet Arsenal; 

10   and be it further 

11                "RESOLVED, That a copy of this 

12   resolution, suitably engrossed, be transmitted to 

13   the Watervliet Arsenal."

14                ACTING PRESIDENT SAVINO:   Senator 

15   Breslin.

16                SENATOR BRESLIN:   Thank you, 

17   Madam President.

18                It is only fitting on this day of 

19   the veteran that we celebrate a tremendous 

20   milestone countrywide, the Watervliet Arsenal 

21   celebrating its 200th anniversary.  Two hundred 

22   years of continuous arsenal service, the longest 

23   of any arsenal in the United States.

24                It started those 200 years ago to 

25   service our War of 1812 and manufactured 


                                                               2436

 1   ammunition for that war, successfully.  And it's 

 2   gone on over the years to produce tremendous 

 3   parts of war -- ammunition, tubing, cannons, and 

 4   on and on and on.  And it also over the years has 

 5   developed the Benet Laboratories, which is a 

 6   tremendous research center that services the 

 7   Army.  

 8                It's located in Albany County on 

 9   142 acres, very accessible from here in the 

10   Capitol.  But it quietly goes about its business 

11   day in, day out, to protect us.  And it's the 

12   major manufacturer of ammunition that supplies 

13   our Army.  

14                And we're blessed to have 

15   Colonel Mark Migaleddi in the gallery, who spoke 

16   earlier today in honor of Veterans Day.  He's 

17   been our commander at the Watervliet Arsenal for 

18   the last three years, very close to the end of a 

19   tremendous, tremendous three years that has seen 

20   wonderful things happen at the arsenal.  

21                So I salute you, Colonel, for all 

22   that you have done.  I salute the Watervliet 

23   Arsenal.  And I have a great expectation that for 

24   the next 200 years the Watervliet Arsenal will 

25   continue to serve.  Thank you, Colonel.  


                                                               2437

 1                And thank you, Madam President.

 2                ACTING PRESIDENT SAVINO:   Thank 

 3   you, Senator Breslin.

 4                Are there any other members wishing 

 5   to speak on this resolution?  

 6                Seeing none, this resolution was 

 7   previously adopted on April 23rd.

 8                Senator Libous.

 9                SENATOR LIBOUS:   Thank you, 

10   Madam President.  

11                Can we take up Resolution Number 

12   1912, by Senator Peralta.  At this time we only 

13   need to read the title only and then move for its 

14   adoption.

15                ACTING PRESIDENT SAVINO:   The 

16   Secretary will read.

17                THE SECRETARY:   Legislative 

18   Resolution Number 1912, welcoming the students 

19   and faculty of the Lexington School for the 

20   Deaf/Center for the Deaf as they visit Albany, 

21   New York, on May 21, 2013.

22                ACTING PRESIDENT SAVINO:   The 

23   question is on the resolution.  All those in 

24   favor signify by saying aye.

25                (Response of "Aye.")


                                                               2438

 1                ACTING PRESIDENT SAVINO:   Opposed, 

 2   nay.

 3                (No response.)

 4                ACTING PRESIDENT SAVINO:   The 

 5   resolution is adopted.

 6                Senator Libous.

 7                SENATOR LIBOUS:   Madam President, 

 8   Senator Peralta would like to open up the 

 9   resolution for cosponsorship.  If anyone chooses 

10   not to be on the resolution, they should let the 

11   desk know.

12                ACTING PRESIDENT SAVINO:   

13   Resolution Number 1912 is open for 

14   cosponsorship.  All members will be on the 

15   resolution unless they let the desk know 

16   otherwise.  

17                Senator Libous.

18                SENATOR LIBOUS:   Madam President, 

19   I'm about to call a Rules Committee meeting.  

20                But first I'd like to welcome to the 

21   chamber one of our former colleagues, Senator 

22   Suzi Oppenheimer.

23                ACTING PRESIDENT SAVINO:   Welcome, 

24   Senator Oppenheimer.

25                (Applause.)


                                                               2439

 1                ACTING PRESIDENT SAVINO:   Senator 

 2   Libous.

 3                SENATOR LIBOUS:   There will be an 

 4   immediate meeting of the Rules Committee in 

 5   Room 332.

 6                And the Senate will stand at ease 

 7   pending the conclusion of the Rules Committee 

 8   meeting.  

 9                ACTING PRESIDENT SAVINO:   There 

10   will be an immediate meeting of the 

11   Rules Committee in Room 332.  

12                The Senate will stand at ease 

13   pending the return of the Rules Committee.

14                (Whereupon, the Senate stood at ease 

15   at 5:11 p.m.)

16                (Whereupon, the Senate reconvened at 

17   5:38 p.m.)

18                ACTING PRESIDENT SAVINO:   The 

19   Senate will come to order.

20                Senator Libous.

21                SENATOR LIBOUS:   Madam President, I 

22   believe there's a report of the Rules Committee 

23   at the desk.  I ask that it be read at this time.

24                ACTING PRESIDENT SAVINO:   Senator 

25   Libous, there is a report of the Rules Committee 


                                                               2440

 1   at the desk.  

 2                The Secretary will read.

 3                THE SECRETARY:   Senator Skelos, 

 4   from the Committee on Rules, reports the 

 5   following bills:  

 6                Senate Print 323, by Senator Avella, 

 7   an act to amend the Correction Law; 

 8                Senate 339, by Senator DeFrancisco, 

 9   an act to amend the Navigation Law; 

10                Senate 371, by Senator Kennedy, an 

11   act to amend the Penal Law; 

12                Senate 373, by Senator Kennedy, an 

13   act to amend the Penal Law; 

14                Senate 410, by Senator Dilan, an act 

15   to amend the General Municipal Law; 

16                Senate 698, by Senator Grisanti, an 

17   act to amend the Labor Law; 

18                Senate 910, by Senator Parker, an 

19   act to amend the Mental Hygiene Law; 

20                Senate 966, by Senator Libous, an 

21   act to amend the Social Services Law;

22                Senate 1064, by Senator Maziarz, an 

23   act to amend the Vehicle and Traffic Law; 

24                Senate 1174, by Senator Robach, an 

25   act to amend the Domestic Relations Law; 


                                                               2441

 1                Senate 1452, by Senator Flanagan, an 

 2   act to amend the Correction Law; 

 3                Senate 1703, by Senator Grisanti, an 

 4   act to amend the Education Law; 

 5                Senate 1862, by Senator Ranzenhofer, 

 6   an act to amend the Elder Law; 

 7                Senate 1894, by Senator Nozzolio, an 

 8   act to amend the Correction Law; 

 9                Senate 2017, by Senator Skelos, an 

10   act to amend the Correction Law; 

11                Senate 2060, by Senator Latimer, an 

12   act in relation to authorizing; 

13                Senate 2108, by Senator Golden, an 

14   act to amend the Executive Law; 

15                Senate 2169, by Senator Golden, an 

16   act to amend the Real Property Tax Law; 

17                Senate 2584, by Senator Ball, an act 

18   to amend the Alcoholic Beverage Control Law; 

19                Senate 2619, by Senator Young, an 

20   act to amend the General Municipal Law; 

21                Senate 2687, by Senator Young, an 

22   act to amend the Education Law; 

23                Senate 3406, by Senator Latimer, an 

24   act to amend the Tax Law;

25                Senate 3490, by Senator Espaillat, 


                                                               2442

 1   an act to amend the Penal Law; 

 2                Senate 3740, by Senator Addabbo, an 

 3   act to amend the Penal Law; 

 4                Senate 3967A, by Senator Addabbo, an 

 5   act to amend the Penal Law; 

 6                Senate 4001, by Senator Libous, an 

 7   act to authorize; 

 8                Senate 4065, by Senator Martins, 

 9   Concurrent Resolution of the Senate and Assembly; 

10                Senate 4113, by Senator Golden, an 

11   act to amend the Social Services Law; 

12                Senate 4249, by Senator Golden, an 

13   act to amend the Labor Law; 

14                Senate 4331, by Senator Young, an 

15   act to amend the Agriculture and Markets Law; 

16                Senate 4341, by Senator Gallivan, an 

17   act to amend the Executive Law; 

18                Senate 4343, by Senator Gallivan, an 

19   act to amend the Correction Law; 

20                Senate 5067, by Senator Avella, an 

21   act to amend the Environmental Conservation Law; 

22                And Senate 5169, by Senator Bonacic, 

23   an act to amend the Racing, Pari-Mutuel Wagering 

24   and Breeding Law.

25                All bills ordered direct to third 


                                                               2443

 1   reading.

 2                SENATOR LIBOUS:   Madam President, I 

 3   move we accept the report of the Rules Committee.

 4                ACTING PRESIDENT SAVINO:   All those 

 5   in favor of accepting the report of the 

 6   Rules Committee please signify by saying aye.

 7                (Response of "Aye.")

 8                ACTING PRESIDENT SAVINO:   Opposed, 

 9   nay.

10                (No response.)

11                ACTING PRESIDENT SAVINO:   The Rules 

12   Committee report has been accepted.

13                Senator Libous.

14                SENATOR LIBOUS:   Madam President, 

15   before we go to the noncontroversial calendar, I 

16   want to welcome former Senator Craig Johnson and 

17   former Senator Robert DiCarlo, who are in the 

18   chamber.

19                ACTING PRESIDENT SAVINO:   Welcome.

20                (Applause.)

21                ACTING PRESIDENT SAVINO:   Senator 

22   Libous.

23                SENATOR LIBOUS:   Madam President, 

24   at this time we want to take up the 

25   noncontroversial reading of the calendar, please.


                                                               2444

 1                ACTING PRESIDENT SAVINO:   The 

 2   Secretary will read the noncontroversial 

 3   calendar.

 4                THE SECRETARY:   Calendar Number 

 5   203, by Senator Maziarz, Senate Print 3457, an 

 6   act to amend the Correction Law.

 7                ACTING PRESIDENT SAVINO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT SAVINO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT SAVINO:   Announce 

15   the results.

16                THE SECRETARY:   Ayes, 60.  Nays, 

17   1.  Senator Hassell-Thompson recorded in the 

18   negative.

19                ACTING PRESIDENT SAVINO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   424, by Senator Lanza, Senate Print 2474, an act 

23   to amend the New York City Health and Hospitals 

24   Corporation Act.

25                ACTING PRESIDENT SAVINO:   Read the 


                                                               2445

 1   last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT SAVINO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT SAVINO:   Announce 

 8   the results.

 9                THE SECRETARY:   Ayes, 61.  Nays, 

10   1.  Senator Ball recorded in the negative.

11                ACTING PRESIDENT SAVINO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   502, by Senator Ritchie, Senate Print 1951, an 

15   act to amend the Vehicle and Traffic Law.

16                ACTING PRESIDENT SAVINO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT SAVINO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT SAVINO:   Announce 

24   the results.

25                THE SECRETARY:   Ayes, 61.  Nays, 


                                                               2446

 1   1.  Senator Espaillat recorded in the negative.

 2                ACTING PRESIDENT SAVINO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   507, by Senator Ranzenhofer, Senate Print 3550B, 

 6   an act to amend the Highway Law.

 7                ACTING PRESIDENT SAVINO:   Senator 

 8   Ranzenhofer on the bill.

 9                SENATOR RANZENHOFER:   Thank you, 

10   Madam President.

11                I was debating whether or not to 

12   stand up before when we were talking about the 

13   Veterans Hall of Fame memorial resolution.  I 

14   thought it more often to make my remarks at this 

15   point as we designate a portion of the state 

16   highway in Erie County -- actually in the Town of 

17   Amherst -- as the Staff Sergeant William R.  

18   Wilson III Memorial Highway.

19                With us today in the chamber are 

20   William Wilson's parents, William and Kimberly, 

21   who are sitting here on the floor; his 

22   grandmother, Sonia Wilson; Judy Rudes, Dawn and 

23   Robert Masterorilli, and Carolyn Gressick, who 

24   have traveled from Erie County to be with us here 

25   today.


                                                               2447

 1                Staff Sergeant William R. "Billy" 

 2   Wilson III was inducted into the New York State 

 3   Senate Veterans Hall of Fame earlier this 

 4   morning.  He was honored posthumously.

 5                Staff Sergeant Wilson served as a 

 6   squad leader for the Second Platoon of the 

 7   172nd Separate Infantry Brigade that was 

 8   headquartered in Germany.  Known as Billy to many 

 9   of his family and friends, he grew up in 

10   Getzville, New York, and went to Williamsville 

11   North High School.  

12                Wilson served on two combat 

13   deployments to Iraq as part of Operation Iraqi 

14   Freedom, and one tour of duty during Operation 

15   Enduring Freedom in Afghanistan.  

16                And while in Afghanistan, he was 

17   training Afghan soldiers and police to take over 

18   the country's security when he was unfortunately 

19   killed while in Paktika Province in the eastern 

20   part of Afghanistan a little bit over a year ago, 

21   on March 26, 2012.  He was 27 at that time.

22                He's been posthumously awarded the 

23   Bronze Star, the Purple Heart.  He also received 

24   the National Defense Service Medal, the Iraq 

25   Campaign Medal and the Afghanistan Campaign 


                                                               2448

 1   Medal, as well as the Army Service Ribbon and 

 2   Overseas Service Ribbon.

 3                Staff Sergeant Wilson is a true 

 4   American hero.  He made the ultimate sacrifice.  

 5   And it's due to his service for us on behalf of 

 6   this country that it's very fitting that the 

 7   Senate today pass this bill which will name 

 8   Route 990 -- it's a highway in the Town of 

 9   Amherst -- after him in his honor for his 

10   heroism, for his service, and for his bravery.  

11                And with that, again, I'm going to 

12   be voting yes on this bill which will designate 

13   this highway in his honor.  

14                Thank you, Madam President.

15                ACTING PRESIDENT SAVINO:   Senator 

16   Ranzenhofer will be recorded in the affirmative.

17                Senator Libous.  

18                SENATOR LIBOUS:   Before we pass the 

19   bill, I believe his parents are here.  Would they 

20   please stand.

21                (Extended standing ovation.)

22                ACTING PRESIDENT SAVINO:   The 

23   Secretary will read the last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect immediately.


                                                               2449

 1                ACTING PRESIDENT SAVINO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT SAVINO:   Announce 

 5   the results.

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT SAVINO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   533, by Senator Robach, Senate Print 1977, an act 

11   to amend the Social Services Law.

12                ACTING PRESIDENT SAVINO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT SAVINO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT SAVINO:   Announce 

20   the results.

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT SAVINO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   534, by Senator Ball, Senate Print 3507A, an act 


                                                               2450

 1   to amend the Domestic Relations Law.

 2                ACTING PRESIDENT SAVINO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 4.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT SAVINO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT SAVINO:   Announce 

10   the results.

11                THE SECRETARY:   Ayes, 62.

12                ACTING PRESIDENT SAVINO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   552, substituted earlier by Member of the 

16   Assembly Dinowitz, Assembly Print 433, an act to 

17   amend the Public Health Law.

18                ACTING PRESIDENT SAVINO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the 30th day.

22                ACTING PRESIDENT SAVINO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT SAVINO:   Announce 


                                                               2451

 1   the results.

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT SAVINO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   561, by Senator Grisanti, Senate Print 287, an 

 7   act to amend the Environmental Conservation Law.

 8                ACTING PRESIDENT SAVINO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 6.  This 

11   act shall take effect on the first of January.

12                ACTING PRESIDENT SAVINO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT SAVINO:   Announce 

16   the results.

17                THE SECRETARY:   In relation to 

18   Calendar Number 561, those recorded in the 

19   negative are Senators Espaillat, Gipson, Krueger, 

20   Perkins, Sanders, Serrano and Stavisky.

21                Ayes, 55.  Nays, 7.

22                ACTING PRESIDENT SAVINO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   563, by Senator LaValle, Senate Print 2178A, an 


                                                               2452

 1   act to amend the Environmental Conservation Law.

 2                ACTING PRESIDENT SAVINO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT SAVINO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT SAVINO:   Announce 

10   the results.

11                THE SECRETARY:   Ayes, 61.  Nays, 

12   1.  Senator Gipson recorded in the negative.

13                ACTING PRESIDENT SAVINO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   569, by Senator Flanagan, Senate Print 1192, an 

17   act to amend the General Municipal Law.

18                ACTING PRESIDENT SAVINO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT SAVINO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 61.  Nays, 1.  


                                                               2453

 1   Senator Diaz recorded in the negative.  

 2                ACTING PRESIDENT SAVINO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   570, by Senator Klein, Senate Print 2440, an act 

 6   to amend the General Municipal Law.

 7                ACTING PRESIDENT SAVINO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 22.  This 

10   act shall take effect on the first of January.

11                ACTING PRESIDENT SAVINO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT SAVINO:   Announce 

15   the results.

16                Members, please take note that we 

17   are on Calendar Number 570.  Those who wish to be 

18   recorded in the negative, please raise your hands 

19   for the desk to see.

20                Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar Number 570, those recorded in the 

23   negative are Senators Diaz and Sanders.  

24                Ayes, 60.  Nays, 2.

25                ACTING PRESIDENT SAVINO:   The bill 


                                                               2454

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   571, by Senator Valesky, Senate Print 4021, an 

 4   act to amend Chapter 335 of the Laws of 2005.

 5                ACTING PRESIDENT SAVINO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT SAVINO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT SAVINO:   Announce 

13   the results.

14                THE SECRETARY:   Ayes, 62.

15                ACTING PRESIDENT SAVINO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   573, by Senator Maziarz, Senate Print 1122, an 

19   act to amend the Public Officers Law.

20                ACTING PRESIDENT SAVINO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT SAVINO:   Call the 

25   roll.


                                                               2455

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT SAVINO:   Announce 

 3   the results.

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT SAVINO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   585, substituted earlier by Member of the 

 9   Assembly Kolb, Assembly Print 4665A, an act to 

10   amend the County Law.

11                ACTING PRESIDENT SAVINO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT SAVINO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT SAVINO:   Announce 

19   the results.

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT SAVINO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   590, by Senator Young, Senate Print 4579, an act 

25   to amend the Town Law.


                                                               2456

 1                ACTING PRESIDENT SAVINO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT SAVINO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT SAVINO:   Announce 

 9   the results.

10                THE SECRETARY:   Ayes, 62.

11                ACTING PRESIDENT SAVINO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   591, by Senator Carlucci, Senate Print 4633, an 

15   act to authorize.

16                ACTING PRESIDENT SAVINO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT SAVINO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT SAVINO:   Announce 

24   the results.

25                THE SECRETARY:   Ayes, 62.


                                                               2457

 1                ACTING PRESIDENT SAVINO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   592, by Senator Larkin, Senate Print 4647, an act 

 5   to authorize.

 6                ACTING PRESIDENT SAVINO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 6.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT SAVINO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT SAVINO:   Announce 

14   the results.

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT SAVINO:   The bill 

17   is passed.  

18                Senator Libous, that completes the 

19   reading of the noncontroversial calendar.

20                SENATOR LIBOUS:   Thank you, 

21   Madam President.  

22                At this time I believe members have 

23   a supplemental active list on their desks, and 

24   I'd like to go through the noncontroversial 

25   reading of that supplemental active list.


                                                               2458

 1                ACTING PRESIDENT SAVINO:   The 

 2   Secretary will read the supplemental active list, 

 3   noncontroversial. 

 4                THE SECRETARY:   Calendar Number 

 5   249, by Senator Squadron, Senate Print 3644A, an 

 6   act to amend the Vehicle and Traffic Law.

 7                ACTING PRESIDENT SAVINO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect on the 90th day.

11                ACTING PRESIDENT SAVINO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT SAVINO:   Announce 

15   the results.

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT SAVINO:   The bill 

18   is passed.

19                THE SECRETARY:   In relation to 

20   Calendar Number 249:  Ayes, 61.  Nays, 1.  

21   Senator Diaz recorded in the negative.

22                ACTING PRESIDENT SAVINO:   The bill 

23   is still passed.

24                THE SECRETARY:   Calendar Number 

25   435, by Senator Squadron, Senate Print 226, an 


                                                               2459

 1   act to amend the Private Housing Finance Law.

 2                SENATOR GIANARIS:   Lay it aside for 

 3   the day.

 4                ACTING PRESIDENT SAVINO:   The bill 

 5   is laid aside for the day.

 6                Senator Libous, that completes the 

 7   noncontroversial reading of the supplemental 

 8   active list.

 9                SENATOR LIBOUS:   Thank you, 

10   Madam President.  

11                Is there at this time any further 

12   business at the desk?  

13                ACTING PRESIDENT SAVINO:   Senator 

14   Libous, there is no further business at the desk.

15                SENATOR LIBOUS:   If there's no 

16   further business, I move that the Senate stand 

17   adjourned until Wednesday, the 22nd of May, at 

18   3:00 p.m.

19                ACTING PRESIDENT SAVINO:   There 

20   being no further business at the desk, the Senate 

21   stands adjourned until Wednesday, May 22nd, at 

22   3:00 p.m.

23                (Whereupon, at 5:53 p.m., the Senate 

24   adjourned.)

25