Regular Session - May 23, 2013

                                                                   2520

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 23, 2013

11                     11:21 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DAVID CARLUCCI, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               2521

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

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT CARLUCCI:   To 

10   deliver the invocation, today we have my good 

11   friend Reverend Nathaniel Demosthene, the senior 

12   pastor of First Timothy Christian Church in 

13   Spring Valley.

14                REVEREND DEMOSTHENE:   Thank you 

15   for this opportunity.  And on behalf of our 

16   community in Spring Valley, our children in 

17   East Ramapo, the Consulate General who's here, I 

18   thank you.  

19                Let's bow our heads and pray.

20                Almighty God, our Father, 

21   everything we see and everything we cannot see 

22   exists because of You alone.  It all belongs to 

23   You and comes from You.  

24                Scripture tells us that we are to 

25   love our neighbor as we love ourselves.  And You 


                                                               2522

 1   Yourself gave this compassionate example of how 

 2   to love.  And we thank You for the love that has 

 3   us here today.  

 4                First and foremost, we acknowledge, 

 5   God, Haiti, one of our neighbors.  And we thank 

 6   You for her continuous recovery from earthquake 

 7   and storms and disease.  And thank You for her 

 8   peaceful transfer of power to another 

 9   democratically elected president.  Thank You for 

10   the Haitian consular representative who is here 

11   with us in chambers.  

12                We ask that You help us remember 

13   that we are united in their struggle, as 

14   Americans and New Yorkers.  And together we are 

15   here today not by race, religion, blood or any 

16   sexual orientation or creed, but by universal 

17   binding commitment to the freedom and 

18   opportunity and justice that this country 

19   provides us all.

20                And in that same spirit, we lift up 

21   our spirit of prayer for the continuing recovery 

22   of victims in Newtown, Massachusetts, the 

23   recovery of tornado victims in Oklahoma and the 

24   disaster in Texas, and elsewhere in the world 

25   where others need courage and focus and we 


                                                               2523

 1   always lend a helping hand.  

 2                In that vein, we don't want to 

 3   focus on ourselves today.  We don't to be 

 4   worried about fighting each other.  We want to 

 5   learn today about forgiving each other.  

 6                And teach us how to bring out that 

 7   greatness that brought this country in the first 

 8   place its prosperity.  Bring out that greatness 

 9   that helps us to treat our fellow human beings 

10   and this earth with the respect that it 

11   deserves, and forgive us of our shortcomings in 

12   this endeavor.  

13                Remind us continuously of the 

14   responsibility of our actions.  Give us humility 

15   in our approaches to one another and civility in 

16   our attitudes towards each other's doctrines, 

17   dogmas and ideas, even when we differ.  Help us 

18   to share.  Help us to serve.  Help us to seek 

19   the common good of all, as Christ did when he 

20   was on this earth, despite all the obstacles he 

21   faced.  

22                This is our prayer today.  Amen.

23                ACTING PRESIDENT CARLUCCI:   The 

24   reading of the Journal.

25                THE SECRETARY:   In Senate, 


                                                               2524

 1   Wednesday, May 22nd, the Senate met pursuant to 

 2   adjournment.  The Journal of Tuesday, May 21st, 

 3   was read and approved.  On motion, Senate 

 4   adjourned.

 5                ACTING PRESIDENT CARLUCCI:   Without 

 6   objection, the Journal stands approved as read.

 7                Presentation of petitions.

 8                Messages from the Assembly.

 9                The Secretary will read.

10                THE SECRETARY:   On page 28, Senator 

11   Golden moves to discharge, from the Committee on 

12   Local Government, Assembly Bill Number 6658 and 

13   substitute it for the identical Senate Bill 

14   Number 4600, Third Reading Calendar 395.

15                ACTING PRESIDENT CARLUCCI:   The 

16   substitution is ordered.

17                Messages from the Governor.

18                Reports of standing committees.  

19                Reports of select committees.  

20                Communications and reports from 

21   state officers.

22                Motions and resolutions.

23                Senator Libous.

24                SENATOR LIBOUS:   Thank you, 

25   Mr. President.  


                                                               2525

 1                On behalf of Senator Lanza, on 

 2   page 27 I offer the following amendments to 

 3   Calendar Number 385, Senate Print 2135A, and ask 

 4   that said bill retain its place on the 

 5   Third Reading Calendar.

 6                ACTING PRESIDENT CARLUCCI:   So 

 7   ordered.

 8                SENATOR LIBOUS:   On behalf of 

 9   Senator Robach, on page 28 I offer the following 

10   amendments to Calendar Number 419, Senate Print 

11   4180A, and ask that said bill retain its place on 

12   the Third Reading Calendar.

13                ACTING PRESIDENT CARLUCCI:   So 

14   ordered.

15                SENATOR LIBOUS:   And on behalf of 

16   Senator DeFrancisco, on page 38 I offer the 

17   following amendments to Calendar Number 583, 

18   Senate Print 553A, and ask that said bill retain 

19   its place on the Third Reading Calendar.

20                ACTING PRESIDENT CARLUCCI:   So 

21   ordered.

22                Senator Libous.

23                SENATOR LIBOUS:   Mr. President, at 

24   this time may we please adopt the Resolution 

25   Calendar, with the exception of Resolutions 1999 


                                                               2526

 1   and 2001.

 2                ACTING PRESIDENT CARLUCCI:   All in 

 3   favor of adopting the Resolution Calendar, with 

 4   the exception of Resolutions 1999 and 2001, 

 5   signify by saying aye.

 6                (Response of "Aye.")

 7                ACTING PRESIDENT CARLUCCI:    

 8   Opposed, nay.

 9                (No response.)

10                ACTING PRESIDENT CARLUCCI:   The 

11   Resolution Calendar is adopted.

12                Senator Libous.

13                SENATOR LIBOUS:   Thank you, 

14   Mr. President.

15                There's a resolution at the desk, 

16   Mr. President, by Senator DeFrancisco.  It's 

17   Number 284.  It was previously adopted by the 

18   house on January 29th.  May we have the title 

19   read and call on Senator DeFrancisco.

20                ACTING PRESIDENT CARLUCCI:   The 

21   Secretary will read.

22                THE SECRETARY:   Legislative 

23   Resolution Number 284, by Senator DeFrancisco, 

24   honoring the Jordan-Elbridge Marching Band upon 

25   the occasion of capturing the 2012 New York State 


                                                               2527

 1   Field Band Championship.

 2                ACTING PRESIDENT CARLUCCI:   Senator 

 3   DeFrancisco.

 4                SENATOR DeFRANCISCO:   Thank you, 

 5   Mr. President.

 6                We're very honored today to have the 

 7   Jordan-Elbridge Marching Band, the 2012 champions 

 8   of the Small School 2 Class Division.  

 9                This was actually adopted in the 

10   Senate on January 29th and adopted in the 

11   Assembly on January 24th.  It's taken us this 

12   long to get them here because they were all 

13   concerned about their studies.  They didn't want 

14   to miss any classes until they were right near 

15   the end, because they're all good students.  And 

16   we're happy that we finally were able to get them 

17   here.  

18                But this is very interesting.  This 

19   is a small school, it's in the Small School 

20   Division.  They won the championship, the 

21   Governor's Cup, for the first time after trying 

22   for 14 years.  So some of you were 2 years old 

23   when they first started trying.  Or maybe 1, 

24   even.

25                And that shows perseverance, and it 


                                                               2528

 1   shows hard work and dedication to a goal.  And 

 2   those traits will do all of you well in your 

 3   future lives.  You'll need all of those 

 4   characteristics to succeed in this world.

 5                We owe special thanks to 

 6   Band Director Katie Daniels, who's the leader of 

 7   this band, and to her entire staff, and also to 

 8   the parents and the community for encouraging you 

 9   for all of these years to do well.

10                I play the saxophone, but I can't 

11   march and play it at the same time.  I can only 

12   do one thing at the same time.  I can't chew gum 

13   and hop on one foot at the same time either.  But 

14   you can it at the same time, and you are the 

15   champs.  

16                So congratulations to all of you.  

17   Welcome here.  And we'll have pizza in a little 

18   while.  

19                Thank you.

20                ACTING PRESIDENT CARLUCCI:   Thank 

21   you, Senator DeFrancisco.

22                This resolution was previously 

23   adopted on January 29, 2013.

24                Senator Libous.

25                SENATOR LIBOUS:   Thank you, 


                                                               2529

 1   Mr. President.  

 2                I'm disappointed that 

 3   Senator DeFrancisco didn't tell the rest of us 

 4   where the pizza is going to be.

 5                (Laughter.)

 6                SENATOR LIBOUS:   Mr. President, I 

 7   believe there is a resolution by you, 

 8   Number 1919, at the desk.  I ask that we read in 

 9   its entirety and ask for its immediate adoption 

10   and then call on Senator Larkin.  

11                But before the clerk does that, 

12   there's a lot of chatter in the chamber this 

13   morning.  And I don't think we're being 

14   respectful to our guests who we're honoring.  And 

15   if members need to talk, you can leave the 

16   chamber.  We have nice chairs outside for you to 

17   sit in.  If staff need to talk, you can leave the 

18   chamber, you can stand outside and talk.  

19                But what we're doing here is very 

20   serious.  We have some other guests that we want 

21   to honor, and at this time we're going to do 

22   that.

23                ACTING PRESIDENT CARLUCCI:   The 

24   Secretary will read.

25                THE SECRETARY:   Legislative 


                                                               2530

 1   Resolution Number 1999, by Senator Carlucci, 

 2   memorializing Governor Andrew M. Cuomo to 

 3   proclaim May 23, 2013, as Haitian Unity Day in 

 4   the State of New York.  

 5                "WHEREAS, It is the sense of this 

 6   Legislative Body, in keeping with its 

 7   time-honored traditions, to recognize and pay 

 8   tribute to those organizations which foster 

 9   ethnic pride and enhance the profile of cultural 

10   diversity which strengthens the fabric of the 

11   communities of New York State; and 

12                "WHEREAS, Attendant to such concern, 

13   and in full accord with its long-standing  

14   traditions, this Legislative Body is justly proud 

15   to memorialize Governor Andrew M. Cuomo to 

16   proclaim May 23, 2013, as Haitian Unity Day in 

17   the State of New York; and 

18                "WHEREAS, Haiti, located less than 

19   700 miles from the United States of America, is 

20   the second nation in the Western Hemisphere, 

21   after the United States, to earn its 

22   independence, and has, since 1803, stood as a 

23   beacon of freedom as the first black-governed 

24   republic in the world; and 

25                "WHEREAS, Haiti is one of the 


                                                               2531

 1   original members of the United Nations and 

 2   several of its specialized and related agencies, 

 3   as well as a member of the Organization of 

 4   American States (OAS); and

 5                "WHEREAS, On August 22, 1791, Haiti 

 6   was the island nation where hundreds of thousands 

 7   of enslaved persons initiated the most successful 

 8   slave rebellion in history, under the military  

 9   leadership of Francois Toussaint L'Ouverture, the 

10   grandson of an African chief, making the Haitian 

11   revolution a major turning point in the history 

12   of the world with repercussions extending far 

13   beyond the Caribbean nation; and 

14                "WHEREAS, Haiti's victory against 

15   France redefined Napoleon's goals in the 

16   Western Hemisphere and so set the stage for the 

17   Louisiana Purchase, a single acquisition doubling 

18   the United States' size, giving the United States 

19   its heartland, control of the Mississippi River 

20   and the important port city of New Orleans on the 

21   Gulf of Mexico.  The Louisiana Territory drew 

22   immigrants from all over Europe, transforming and 

23   strengthening the United States and the American 

24   people; and 

25                "WHEREAS, For many years preceding 


                                                               2532

 1   the American Civil War, the Haitian Revolution 

 2   had a substantial influence over many of the 

 3   policies and laws in the United States that 

 4   related to slavery, such as, in 1794 and 1800, 

 5   the federal government passage of anti-slave 

 6   trade laws to prevent the possible spread of the 

 7   Haitian slave revolt to the United States; 

 8   prohibiting citizens from equipping ships engaged 

 9   in slave-trade commerce, barring Americans from 

10   serving aboard such ships or from having any 

11   interest in their voyages; and 

12                "WHEREAS, In 1792, a number of 

13   measures taken to prevent a slave rebellion such 

14   as Haiti's in the United States were so brutal 

15   and inhumane that these acts drove and 

16   strengthened the crusade of the abolitionists in 

17   the United States, therefore having a profound 

18   influence on the movement that led to the 

19   Civil War; and 

20                "WHEREAS, The Haitian Revolution 

21   ignited a ground-breaking change in the history 

22   of the modern world by enabling hundreds of 

23   thousands of African slaves worldwide and tens of 

24   thousands of free persons of color to find the 

25   wherewithal to unite in the quest for individual  


                                                               2533

 1   and collective liberty; and 

 2                "WHEREAS, Haitian people have 

 3   migrated to the United States since the 1700s, 

 4   resulting in approximately 200,000 Haitians 

 5   residing in the State of New York; and 

 6                "WHEREAS, Our state enjoys a great 

 7   legacy from the successors of freed Haitian 

 8   slaves who came to the United States, notably  

 9   Pierre Toussaint, the first layman now being 

10   proposed by the Catholic Church to become a 

11   saint, who arrived in New York in 1787, where he 

12   turned his home into a shelter for orphans, a 

13   credit bureau, an employment agency, and a safe 

14   haven for priests.  Toussaint was a benefactor of 

15   the first New York City Catholic school for black 

16   children at St. Vincent de Paul on Canal Street.  

17   Toussaint also provided money to build a new 

18   Roman Catholic church in New York, which became 

19   old Saint Patrick's Cathedral on Mulberry Street; 

20   and 

21                "WHEREAS, In October of 1995, 

22   Pope John Paul II, from the throne in the 

23   sanctuary of New York's Saint Patrick's 

24   Cathedral, publicly bestowed Pierre Toussaint 

25   with the suffix 'Venerable,' which is the second 


                                                               2534

 1   step towards becoming a saint in the Catholic 

 2   Church, because Pierre Toussaint transcends race 

 3   through his miracle and charitable acts as 

 4   evidence that he is not a man limited in range 

 5   and that his love for his neighbor is not 

 6   restricted to race or tribe; and 

 7                "WHEREAS, Many other notable 

 8   Haitians have made rich contributions to the 

 9   nation, such as the Tuskegee-trained Raymond  

10   Cassagnol, who helped form the Haitian Air Force 

11   in the United States; Jean Baptiste Point Du 

12   Sable from San Marc, a Haitian immigrant who 

13   founded the first non-indigenous settlement in 

14   what is now Chicago, Illinois, where he 

15   established a community, attracted colonists to 

16   the area, and founded a trading post, which had a 

17   major impact on Chicago's early economy; and 

18                "WHEREAS, John James Audubon, born 

19   in Haiti, inspired one of the founders of the 

20   Audubon Society, in the late 1800s, to name the  

21   society after John James Audubon because of his 

22   reputation and deep appreciation and concern for 

23   the natural world.  To this day, the name Audubon 

24   remains synonymous with avian life, wildlife 

25   protection, and environmental conservation the 


                                                               2535

 1   world over; and 

 2                "WHEREAS, It is the practice of this 

 3   Legislative Body to recognize those important 

 4   days which remind us of the rich and diverse 

 5   heritage of our great state and nation; now, 

 6   therefore, be it 

 7                "RESOLVED, That this Legislative 

 8   Body pause in its deliberations to memorialize 

 9   Governor Andrew M. Cuomo to proclaim May 23, 

10   2013, as Haitian Unity Day in the State of 

11   New York, in honor of Haiti's legacy of liberty 

12   and justice throughout the world and in honor of 

13   the significant and countless contributions of 

14   New Yorkers of Haitian descent who have enriched 

15   our nation and our state; and be it further 

16                "RESOLVED, That a copy of this  

17   resolution, suitably engrossed, be transmitted to 

18   the Honorable Andrew M. Cuomo, Governor of the 

19   State of New York."

20                ACTING PRESIDENT CARLUCCI:   Senator 

21   Larkin.

22                SENATOR LARKIN:   Thank you, 

23   Mr. President.

24                Today we as Americans stand here 

25   tall, honoring and welcoming our brethren who 


                                                               2536

 1   came from Haiti.  While the resolution talks 

 2   about history, we should also be talking about 

 3   today, about some of the things that they do in 

 4   our communities.  

 5                I have a large Haitian population in 

 6   the three counties that I represent.  They are 

 7   constituents that I'm proud of.  Their 

 8   contribution to our communities is second to 

 9   none.  Participating in the well-being and the 

10   future of the communities is quite obviously an 

11   eloquent representation of their children in our 

12   schools, where their children are rising up to be 

13   the future leaders of their own embodied 

14   community.

15                You know, we talk about someone 

16   going to be a saint, we talk about one of the 

17   Tuskegee Airmen, but we haven't talked about the 

18   individuals that I call the foot soldiers of the 

19   Haitian movement.  Unity Day here in New York for 

20   the Haitian community is something we should all 

21   be proud of -- because when we start looking 

22   divisive among one another, we destroy one 

23   another.  It's when we start looking at one 

24   another and saying, Let us be friends, let us be 

25   partners in making this the great state and 


                                                               2537

 1   country of the world.  

 2                Thank you for joining us today, 

 3   gentlemen.

 4                ACTING PRESIDENT CARLUCCI:   Thank 

 5   you, Senator Larkin.  

 6                Senator Sanders.

 7                SENATOR SANDERS:   On the 

 8   resolution.  

 9                I too am honored to have a large 

10   Haitian constituency in Southeast Queens.  And 

11   the energy, the vibrancy that the community 

12   brings is second to none.  

13                But second to none is the legacy of 

14   heroics that this community has done.  That all 

15   freedom-loving people would have to applaud that 

16   they took on the armies of Napoleon's France, 

17   Spain, England and then France again, winning all 

18   of those at great cost, incredible cost.

19                This is something that flows through 

20   the veins of this population.  And although we 

21   can speak of many magnificent things in days gone 

22   by, I personally believe that the greatest 

23   contributions of the Haitian people lie ahead of 

24   us.  Indeed, to this very room that you helped 

25   bring many of these people to may be the next 


                                                               2538

 1   Toussaint.  In fact, we need an opening right 

 2   around now.  

 3                Thank you very much.

 4                ACTING PRESIDENT CARLUCCI:   Thank 

 5   you, Senator Sanders.

 6                The question is on the resolution.  

 7   All in favor signify by saying aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT CARLUCCI:    

10   Opposed, nay.

11                (No response.)

12                ACTING PRESIDENT CARLUCCI:   The 

13   resolution is adopted.

14                And we want to thank the students 

15   from East Ramapo, from Ramapo and Spring Valley 

16   High School for joining us here today to 

17   celebrate Haitian Unity Day.  Thank you for being 

18   here.

19                (Applause.)

20                SENATOR LIBOUS:   Mr. President, I 

21   believe you would like the resolution opened up 

22   to all the members of the house, so we will do 

23   so.  Everybody will be put on as a cosponsor 

24   unless you wish not to be put on, and then please 

25   let the desk know.


                                                               2539

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   resolution is open for cosponsorship.  If you do 

 3   not wish to be a cosponsor, please notify the 

 4   desk.  

 5                Senator Libous.  

 6                SENATOR LIBOUS:   Thank you, 

 7   Mr. President.

 8                I believe there's another resolution 

 9   at the desk, Number 2001, by Senator Kennedy.  

10   Could I ask that the title be read and then call 

11   on Senator Kennedy before its immediate adoption.

12                ACTING PRESIDENT CARLUCCI:   The 

13   Secretary will read.

14                THE SECRETARY:   Legislative 

15   Resolution Number 2001, by Senator Kennedy, 

16   mourning the death of Ann Billittier, 

17   distinguished citizen and devoted member of her 

18   community.

19                ACTING PRESIDENT CARLUCCI:   Senator 

20   Kennedy.

21                SENATOR KENNEDY:   Thank you very 

22   much, Mr. President.  

23                On May 11, 2013, Buffalo and 

24   New York State lost a true icon, Ann Billittier.  

25   She was 83 years old and had a beautiful long 


                                                               2540

 1   life and died shortly following an illness.

 2                When people think of Buffalo, they 

 3   often think of our cuisine.  I firmly believe we 

 4   have one of the greatest cuisines in all the 

 5   world.  And when you talk about the landmarks you 

 6   need to visit in Buffalo, you talk about the 

 7   unique restaurants.  Well, one of those landmarks 

 8   stands at the corner of Seneca and Chicago Street 

 9   in the City of Buffalo:  Chef's Restaurant.  

10                Chef's has become one of the most 

11   iconic family restaurants in Western New York.  

12   Everybody knows Chef's.  And if you haven't been 

13   there, it's probably on your list of places to 

14   try.  Like the restaurant slogan says, it's a 

15   place where family and friends meet to eat.  

16                A force behind the success of 

17   Chef's Restaurant has been Ann Billittier.  Along 

18   with her husband Louis Billittier, Ann co-owned 

19   Chef's Restaurant for years.  She and her husband 

20   grew the restaurant and built its fame and 

21   reputation for great eats.  They were committed 

22   to their family, their business, their nation and 

23   their community.  

24                In the 1950s, when Louis served our 

25   nation in the Korean War, Ann watched over the 


                                                               2541

 1   restaurant and managed its success.  What began 

 2   as a simple restaurant Ann and Lou helped build 

 3   into a well-known regional landmark.  

 4                Her accomplishments extend far 

 5   beyond Chef's famous Italian family-style 

 6   cuisine.  With her faith and dedicated membership 

 7   at St. Francis of Assisi Catholic Church, Ann was 

 8   committed to helping others.  Ann founded the 

 9   Louis J. Billittier Foundation in honor of her 

10   late husband and gave financial support to so 

11   many local organizations.  

12                Ann was often seen at charity events 

13   in Buffalo.  Events for the Buffalo Hearing and 

14   Speech Center, or the Bornhava school for 

15   children with special needs, or many other 

16   causes, she would be there.  You could always 

17   count on Ann.

18                I commend her hard work and the 

19   dedication of Ann Billittier, not only as an 

20   accomplished businesswoman but also as a 

21   compassionate person who always put the 

22   well-being of her family and her community 

23   first.  

24                I extend my sympathies to 

25   Ann Billittier's family, and I thank them for 


                                                               2542

 1   their ongoing commitment to the Western New York 

 2   community.  She will surely be missed.

 3                Thank you, Mr. President.

 4                ACTING PRESIDENT CARLUCCI:   Thank 

 5   you, Senator Kennedy.

 6                The question is on the resolution. 

 7   All in favor signify by saying aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT CARLUCCI:    

10   Opposed, nay.

11                (No response.)

12                ACTING PRESIDENT CARLUCCI:   The 

13   resolution is adopted.

14                Senator Libous.

15                SENATOR LIBOUS:   Thank you, 

16   Mr. President.  

17                And I believe Senator Kennedy would 

18   like to open the resolution up to all members of 

19   the house, which we will do so.  If a member 

20   wishes not to be on the resolution, please let 

21   the desk know.

22                ACTING PRESIDENT CARLUCCI:   The 

23   resolution is open for cosponsorship.  If you do 

24   not wish to be a cosponsor, please notify the 

25   desk.


                                                               2543

 1                Senator Libous.

 2                SENATOR LIBOUS:   Thank you, 

 3   Mr. President.  

 4                At this time could we take up the 

 5   reading of the noncontroversial calendar.

 6                ACTING PRESIDENT CARLUCCI:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   395, substituted earlier by Member of the 

10   Assembly Wright, Assembly Bill 6658, an act to 

11   amend the Real Property Tax Law.

12                ACTING PRESIDENT CARLUCCI:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT CARLUCCI:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT CARLUCCI:   Senator 

20   Stavisky to explain her vote.

21                SENATOR STAVISKY:   Mr. President, I 

22   just want to briefly comment on this bill.  

23                The people who own shareholders and 

24   co-ops and the ownership is in trust were left 

25   out of the original bill that we did several 


                                                               2544

 1   months ago.  This is the same benefit that's 

 2   extended to people who have the STAR exemption, 

 3   the senior citizen exemptions, the veterans 

 4   exemptions and so on.  And the trust ownership 

 5   concept was inadvertently left out of the 

 6   original bill.  

 7                And I vote aye.

 8                ACTING PRESIDENT CARLUCCI:   Thank 

 9   you, Senator Stavisky.

10                Announce the results.

11                THE SECRETARY:   Ayes, 60.

12                ACTING PRESIDENT CARLUCCI:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   555, by Senator LaValle, Senate Print 2486, an 

16   act to amend the Executive Law.

17                ACTING PRESIDENT CARLUCCI:   Read 

18   the last section.

19                THE SECRETARY:   Section 3.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT CARLUCCI:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT CARLUCCI:    

25   Announce the result.  


                                                               2545

 1                THE SECRETARY:   In relation to 

 2   Calendar Number 555, those recorded in the 

 3   negative are Senators Dilan, Espaillat, Gianaris, 

 4   Gipson, Hassell-Thompson, Hoylman, Krueger, 

 5   Montgomery, Perkins, Rivera, Sampson, Sanders and 

 6   Serrano.  Also Senator Squadron.  

 7                Ayes, 46.  Nays, 14.

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   617, by Senator LaValle --

12                SENATOR LIBOUS:   Lay it aside for 

13   the day.

14                ACTING PRESIDENT CARLUCCI:   The 

15   bill is laid aside for the day.

16                THE SECRETARY:   Calendar Number 

17   618, by Senator Golden, Senate Print 3762, an act 

18   to amend the Correction Law.

19                ACTING PRESIDENT CARLUCCI:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect on the first of November.  

23                ACTING PRESIDENT CARLUCCI:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               2546

 1                ACTING PRESIDENT CARLUCCI:    

 2   Announce the result.

 3                THE SECRETARY:   Ayes, 56.  Nays, 

 4   4.  Senators Hassell-Thompson, Montgomery, 

 5   Perkins and Rivera recorded in the negative.

 6                ACTING PRESIDENT CARLUCCI:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   621, by Senator Grisanti, Senate Print 3947, an 

10   act to amend the Public Health Law.

11                ACTING PRESIDENT CARLUCCI:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the 180th day.

15                ACTING PRESIDENT CARLUCCI:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT CARLUCCI:    

19   Announce the result.

20                THE SECRETARY:   Ayes, 60.

21                ACTING PRESIDENT CARLUCCI:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   623, by Senator Felder, Senate Print 4518, an act 

25   to amend the Domestic Relations Law.


                                                               2547

 1                ACTING PRESIDENT CARLUCCI:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 4.  This 

 4   act shall take effect on the 30th day.

 5                ACTING PRESIDENT CARLUCCI:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT CARLUCCI:    

 9   Announce the result.

10                THE SECRETARY:   Ayes, 60.

11                ACTING PRESIDENT CARLUCCI:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   625, by Senator Skelos, Senate Print 5069, an act 

15   to amend the Domestic Relations Law.

16                ACTING PRESIDENT CARLUCCI:   Read 

17   the last section.

18                THE SECRETARY:   Section 4.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT CARLUCCI:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT CARLUCCI:    

24   Announce the result.

25                THE SECRETARY:   Ayes, 60.


                                                               2548

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   627, by Senator Kennedy, Senate Print 530, an act 

 5   to amend the Penal Law.

 6                ACTING PRESIDENT CARLUCCI:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 4.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT CARLUCCI:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT CARLUCCI:   Senator 

14   Kennedy to explain his vote.

15                SENATOR KENNEDY:   Thank you very 

16   much, Mr. President.  

17                I want to thank my colleagues on 

18   both sides of the aisle for your staunch support 

19   of Jay J's Law, passing this here today.  I want 

20   to thank the Democratic Conference and the 

21   leadership of Senator Andrea Stewart-Cousins for 

22   helping to drive this initiative.  

23                I want to make a clear recognition 

24   of the leadership of Senators Klein and Skelos 

25   for bringing this to the floor today.  This is 


                                                               2549

 1   essential that we get this passed today, we get 

 2   passed today to drive this initiative forward.  

 3   Last year we passed this unanimously.  It passed 

 4   through committee unanimously this past week.  We 

 5   have a short time frame through which we can get 

 6   this law passed.  

 7                For those of you that don't recall, 

 8   Jay J is the little boy who stood in this chamber 

 9   with his family last year.  He suffered a brutal 

10   act of violence at the hands of his own father, 

11   who at only weeks old broke 11 bones in his 

12   body.  His father was given a light sentence of 

13   1 1/3 to 4 years in prison when he had previously 

14   beaten another one of his children and broken 

15   another one of his children's bones, but that was 

16   four years earlier.  The look-back window only 

17   allowed a three-year look-back.  

18                This extends the look-back window to 

19   10 years.  It also increases penalties for repeat 

20   child abuse.  These violent criminal acts against 

21   the most vulnerable individuals in our society 

22   cannot and must not go unpunished.  

23                By passing this law today, we will 

24   create justice for Jay J, but we will also set a 

25   precedent in this chamber that we cannot wait any 


                                                               2550

 1   longer.  And we will send a message to our 

 2   colleagues on the other side of this chamber that 

 3   they must act immediately.  There is no more 

 4   excuses and there is no more time to wait.  It is 

 5   this year that this legislation must be passed.  

 6                And again, I thank my colleagues on 

 7   both sides of the aisle and the leadership for 

 8   bringing this to the floor today so that we can 

 9   bring attention to this extremely important 

10   matter that will help save lives and help protect 

11   children -- 80,000 of which in New York State 

12   alone, in 2010, were abused and neglected.  Ten 

13   children die in the United States every single 

14   day to abuse and neglect.  We will be a leader 

15   once again on this issue.  

16                Thank you, Mr. President.  I vote 

17   aye.

18                ACTING PRESIDENT CARLUCCI:   Thank 

19   you, Senator Kennedy.

20                Senator Maziarz to explain his vote.

21                SENATOR MAZIARZ:   Thank you.  Thank 

22   you very much, Mr. President.  I rise to vote aye 

23   and support this legislation.  

24                This is the second time the Senate, 

25   I assume unanimously, is going to pass this 


                                                               2551

 1   bill.  Hopefully unanimously.  

 2                It is shameful that the other house 

 3   would go home this year and not pass this bill.  

 4   Of all the pieces of paper we see piled up on our 

 5   desks, legislation, if there was one bill, just 

 6   one bill that we had to pick out to say this is 

 7   the one that we absolutely want, this would be 

 8   the bill.

 9                This story is horrific.  This 

10   individual beat his own son, broke several bones 

11   in his own son when he was just a little baby.  

12   That was the first one.  Then he did it again to 

13   Jay J.  

14                The county court judge in Niagara 

15   County, Judge Sara Sheldon Sperrazza, has seen 

16   the worst criminal cases come before her:  

17   murderers, rapists, people that beat elderly 

18   people up.  This is the only case where she broke 

19   down sobbing when she had to sentence this 

20   individual to just a little over a year for 

21   beating his own child multiple times.  

22                The nurses at the hospital testified 

23   that when they did the x-rays on this baby, that 

24   several of the bones had been broke for months.  

25   For months.  This baby had to be in absolute 


                                                               2552

 1   pain, at the hands of its own father.

 2                If this bill came up for a vote in 

 3   the Assembly, it would pass easily with 

 4   150 votes.  Nobody would dare vote against this 

 5   bill.  The real question is to get the leadership 

 6   in the Assembly.  You know, if they want some 

 7   goodwill in this state, this is the bill to 

 8   pass.  

 9                I vote in the affirmative.  Thank 

10   you, Mr. President.

11                ACTING PRESIDENT CARLUCCI:   Thank 

12   you, Senator Maziarz.

13                Announce the results.

14                THE SECRETARY:   Ayes, 60.

15                ACTING PRESIDENT CARLUCCI:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   629, by Senator Robach, Senate Print 1016, an act 

19   to amend the Penal Law.

20                ACTING PRESIDENT CARLUCCI:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT CARLUCCI:   Call 

25   the roll.


                                                               2553

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT CARLUCCI:   Senator 

 3   Robach to explain his vote.

 4                SENATOR ROBACH:   Yes, 

 5   Mr. President, just very briefly.  Thank you for 

 6   the support of this.  And I'm hoping that we can 

 7   get this passed in the other house.  

 8                This is a very, very important piece 

 9   of legislation.  It not only occurs in my 

10   district, but across the state.  This bill came 

11   from an incident where individuals wanting to 

12   steal copper, of all things, a couple of hundred 

13   dollars' worth of copper, drilled into that to 

14   empty over a million dollars' worth of damage 

15   into Lake Ontario at a power plant in my 

16   district, which then the Department of 

17   Environmental Conservation, the taxpayers of 

18   New York, have to pay that million dollars to 

19   clean up.  And even if they're lucky enough to 

20   apprehend those individuals, the current 

21   penalties and fines don't even measure anything 

22   close.  

23                And whether it's dumping asbestos 

24   shingling in public or private lands, tires, all 

25   this, this is one if we want to get serious not 


                                                               2554

 1   only should the punishment fit the crime, but 

 2   also we should be doing more to protect the 

 3   environment.  And this goes a long way to do 

 4   that.

 5                So I am hopeful and appreciate the 

 6   support here for this bill today for the second 

 7   year in a row.  If anyone would like to help me 

 8   get the bill passed in the other house, I would 

 9   gladly accept that and think it would be very 

10   good for the environment and all New Yorkers.  

11                Thank you, Mr. President.

12                ACTING PRESIDENT CARLUCCI:   Thank 

13   you, Senator Robach.  

14                The Secretary will announce the 

15   result.

16                THE SECRETARY:   Ayes, 59.  Nays, 

17   1.  Senator Montgomery recorded in the negative.

18                ACTING PRESIDENT CARLUCCI:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   630, by Senator Perkins, Senate Print 1222, an 

22   act to amend the Penal Law.

23                ACTING PRESIDENT CARLUCCI:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2555

 1   act shall take effect on the first of November.

 2                ACTING PRESIDENT CARLUCCI:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT CARLUCCI:    

 6   Announce the result.

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   631, by Senator Carlucci, Senate Print 1982, an 

12   act to amend the Penal Law.

13                ACTING PRESIDENT CARLUCCI:   Read 

14   the last section.

15                THE SECRETARY:   Section 4.  This 

16   act shall take effect on the first of November.

17                ACTING PRESIDENT CARLUCCI:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT CARLUCCI:    

21   Announce the result.

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT CARLUCCI:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2556

 1   632, by Senator Golden, Senate Print 2173A, an 

 2   act to amend the Penal Law.

 3                ACTING PRESIDENT CARLUCCI:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 4.  This 

 6   act shall take effect on the first of November.

 7                ACTING PRESIDENT CARLUCCI:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT CARLUCCI:    

11   Announce the result.

12                THE SECRETARY:   Ayes, 59.  Nays, 

13   1.  Senator Montgomery recorded in the negative.

14                ACTING PRESIDENT CARLUCCI:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   633, by Senator Klein, Senate Print 2266, an act 

18   to amend the Penal Law.

19                ACTING PRESIDENT CARLUCCI:   Read 

20   the last section.

21                THE SECRETARY:   Section 12.  This 

22   act shall take effect on the first of November.

23                ACTING PRESIDENT CARLUCCI:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               2557

 1                ACTING PRESIDENT CARLUCCI:    

 2   Announce the result.

 3                THE SECRETARY:   Ayes, 60.

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   634, by Senator Golden, Senate Print 2748, an act 

 8   to amend the Penal Law.

 9                ACTING PRESIDENT CARLUCCI:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the first of November.

13                ACTING PRESIDENT CARLUCCI:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT CARLUCCI:    

17   Announce the result.

18                THE SECRETARY:   Ayes, 59.  Nays, 

19   1.  Senator Montgomery recorded in the negative.

20                ACTING PRESIDENT CARLUCCI:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   635, by Senator Young, Senate Print 3378, an act 

24   to amend the Penal Law.

25                ACTING PRESIDENT CARLUCCI:   Read 


                                                               2558

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the first of November.

 4                ACTING PRESIDENT CARLUCCI:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT CARLUCCI:    

 8   Announce the result.

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT CARLUCCI:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   636, by Senator Griffo, Senate Print 3871, an act 

14   to amend the Penal Law.

15                ACTING PRESIDENT CARLUCCI:   Read 

16   the last section.

17                THE SECRETARY:   Section 5.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT CARLUCCI:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT CARLUCCI:    

23   Announce the result.

24                THE SECRETARY:   In relation to 

25   Calendar Number 636, those recorded in the 


                                                               2559

 1   negative are Senators Hassell-Thompson, Hoylman, 

 2   Krueger, Montgomery, Rivera and Sanders.

 3                Ayes, 54.  Nays, 6.

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   637, by Senator Bonacic, Senate Print 4042, an 

 8   act to amend the Civil Practice Law and Rules.

 9                ACTING PRESIDENT CARLUCCI:   Read 

10   the last section.

11                THE SECRETARY:   Section 5.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT CARLUCCI:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT CARLUCCI:    

17   Announce the result.

18                THE SECRETARY:   Ayes, 60.

19                ACTING PRESIDENT CARLUCCI:   The 

20   bill is passed.  

21                Oh, I'm sorry.  Senator Bonacic to 

22   explain his vote.

23                SENATOR BONACIC:   This was a court 

24   administration bill.  I just wanted to highlight 

25   it for the members.  


                                                               2560

 1                What's been happening nationally and 

 2   at the state level is what we call paper 

 3   terrorism.  People that have been aggrieved by 

 4   judicial decisions or the duties of public 

 5   officials have filed these frivolous liens 

 6   against public officials and judges, whether it 

 7   comes from people that don't believe in the 

 8   government, whether it comes from those that are 

 9   in prison or just everyday citizens that are not 

10   happy with what judges have done.

11                This is an expedited process that 

12   helps public officials and judges get rid of 

13   these liens that are meant for the sole purpose 

14   to intimidate, harass, and make the lives of 

15   public officials and judges miserable.  

16                So this is the bill.  It's called 

17   paper terrorism.  It's starting to spread 

18   throughout the whole country.  And we hope to 

19   pass it in the Assembly and at least give elected 

20   officials and judges an opportunity not to have 

21   their credit rating destroyed or be harassed with 

22   multiple liens on whatever assets they may own.  

23                So I thank the members and 

24   colleagues for their support.  

25                Thank you, Mr. President.


                                                               2561

 1                ACTING PRESIDENT CARLUCCI:   Thank 

 2   you, Senator Bonacic.

 3                The Secretary will announce the 

 4   result.

 5                THE SECRETARY:   Ayes, 60.

 6                ACTING PRESIDENT CARLUCCI:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   638, by Senator Lanza, Senate Print 4162, an act 

10   to amend the Penal Law.

11                ACTING PRESIDENT CARLUCCI:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the 30th day.

15                ACTING PRESIDENT CARLUCCI:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT CARLUCCI:    

19   Announce the result.

20                THE SECRETARY:   Ayes, 60.

21                ACTING PRESIDENT CARLUCCI:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   640, by Senator Nozzolio, Senate Print 4941, an 

25   act to amend the Criminal Procedure Law.


                                                               2562

 1                ACTING PRESIDENT CARLUCCI:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT CARLUCCI:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT CARLUCCI:    

 9   Announce the result.

10                THE SECRETARY:   In relation to 

11   Calendar Number 640, those recorded in the 

12   negative are Senators Gipson, Hassell-Thompson, 

13   Krueger, Montgomery, Rivera, Sanders and Tkaczyk.

14                Ayes, 53.  Nays, 7.

15                ACTING PRESIDENT CARLUCCI:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   641, by Senator Nozzolio, Senate Print 5125, an 

19   act to amend the Criminal Procedure Law.

20                ACTING PRESIDENT CARLUCCI:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT CARLUCCI:   Call 

25   the roll.


                                                               2563

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT CARLUCCI:    

 3   Announce the result.

 4                THE SECRETARY:   Ayes, 60.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   707, by Senator Avella, Senate Print 323, an act 

 9   to amend the Correction Law.

10                ACTING PRESIDENT CARLUCCI:   Read 

11   the last section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT CARLUCCI:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT CARLUCCI:    

18   Announce the result.

19                THE SECRETARY:   Ayes, 60.

20                ACTING PRESIDENT CARLUCCI:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   713, by Senator Parker, Senate Print 910, an act 

24   to amend the Mental Hygiene Law.

25                ACTING PRESIDENT CARLUCCI:   Read 


                                                               2564

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the 180th day.

 4                ACTING PRESIDENT CARLUCCI:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT CARLUCCI:    

 8   Announce the result.

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT CARLUCCI:   The 

11   bill is passed.

12                Senator Libous, that completes the 

13   noncontroversial reading of the calendar.

14                SENATOR LIBOUS:   Thank you, 

15   Mr. President.

16                Is there any further business at the 

17   desk?

18                ACTING PRESIDENT CARLUCCI:   There 

19   is no further business at the desk.

20                SENATOR LIBOUS:   All right, 

21   Mr. President.  Seeing there to be no further 

22   business, I have a very important announcement to 

23   make.  

24                There being no further business at 

25   the desk, I move that we adjourn until Wednesday, 


                                                               2565

 1   May 29th, at 3:00 p.m., intervening days being 

 2   legislative days.

 3                ACTING PRESIDENT CARLUCCI:   On 

 4   motion, the Senate stands adjourned until 

 5   Wednesday, May 29th, at 3:00 p.m., intervening 

 6   days being legislative days.

 7                (Whereupon, at 12:01 a.m., the 

 8   Senate adjourned.)

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25