Tuesday, February 8, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 8, 2011 11 2:11 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN J. FLANAGAN, Acting President 19 FRANCIS W. PATIENCE, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT FLANAGAN: The 3 Senate will come to order. 4 I ask everyone to rise and please 5 repeat with me the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT FLANAGAN: In 9 the absence of clergy, I would ask that 10 everyone bow their heads in a moment of 11 silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT FLANAGAN: The 15 reading of the Journal. 16 THE SECRETARY: In Senate, 17 Monday, February 7, the Senate met pursuant to 18 adjournment. The Journal of Sunday, 19 February 6, was read and approved. On motion, 20 Senate adjourned. 21 ACTING PRESIDENT FLANAGAN: 22 Without objection, the Journal stands approved 23 as read. 24 Presentation of petitions. 25 Messages from the Assembly.

Candyco Transcription Service, Inc. 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Libous. 8 SENATOR LIBOUS: Thank you, 9 Mr. President. 10 May we please adopt the Resolution 11 Calendar, with the exception of Resolution 12 Number 452 and 398, please. 13 ACTING PRESIDENT FLANAGAN: All 14 in favor of adopting the Resolution Calendar, 15 with the exceptions of Resolutions 452 and 16 398, signify by saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT FLANAGAN: 19 Opposed, nay. 20 (No response.) 21 ACTING PRESIDENT FLANAGAN: The 22 Resolution Calendar is adopted. 23 Senator Libous. 24 SENATOR LIBOUS: Mr. President, I 25 believe that Senator Sampson has Resolution

Candyco Transcription Service, Inc. 1 452 at the desk. He would like it read in its 2 entirety and move for its immediate adoption, 3 please. 4 ACTING PRESIDENT FLANAGAN: The 5 Secretary will read. 6 THE SECRETARY: By Senator 7 Sampson, Legislative Resolution Number 452, 8 paying tribute to the life and accomplishments 9 of Dr. Daniel Hale Williams, surgical pioneer 10 of open heart surgery and its sterilization 11 procedures. 12 "WHEREAS, With February being Black 13 History Month, it is a time to reflect on the 14 struggles and victories of African-Americans 15 throughout our country's history and to 16 recognize their numerous valuable 17 contributions to society; and 18 "WHEREAS, Daniel Hale Williams was 19 born on January 18, 1856, in Hollidaysburg, 20 Pennsylvania. He was the fifth of seven 21 children born to Daniel and Sarah Williams; 22 and 23 "WHEREAS, Daniel Hale Williams' 24 father was a barber and moved the family to 25 Annapolis, Maryland, but died shortly

Candyco Transcription Service, Inc. 1 thereafter of tuberculosis. Daniel's mother 2 realized she could not manage the entire 3 family and sent some of the children to live 4 with relatives. Daniel was apprenticed to a 5 shoemaker in Baltimore, but soon moved away to 6 join his mother, who had relocated in 7 Rockford, Illinois; and 8 "WHEREAS, Daniel Hale Williams 9 later moved to Edgerton, Wisconsin, where he 10 joined his sister and opened his own barber 11 shop. After moving to nearby Janesville, he 12 became fascinated with a local physician and 13 decided to follow his path; and 14 "WHEREAS, After following the 15 example of his older brother studying law for 16 a short time, Daniel Hale Williams began 17 working as an apprentice to the physician, 18 Dr. Henry Palmer, for two years, and in 1880 19 entered what is now known as Northwestern 20 University Medical School. After graduation 21 from Northwestern in 1883, he opened his own 22 medical office in Chicago, Illinois; and 23 "WHEREAS, Because of primitive 24 social and medical circumstances existing in 25 that era, much of Dr. Williams' early medical

Candyco Transcription Service, Inc. 1 practice called for him to treat patients in 2 their homes, including conducting occasional 3 surgeries on kitchen tables. In doing so, he 4 utilized many of the emerging antiseptic and 5 sterilization procedures of the day and 6 thereby gained a reputation for 7 professionalism. He was soon appointed as a 8 surgeon on the staff of the South Side 9 Dispensary, and then a clinical instructor in 10 anatomy at Northwestern University; and 11 "WHEREAS, January 23, 1891, 12 Dr. Daniel Hale Williams established the 13 Provident Hospital and Training School 14 Association, a three-story building which held 15 12 beds and served members of the community as 16 a whole. The school also served to train 17 African-American nurses and utilized doctors 18 of all races. Within its first year, 19 189 patients were treated at Provident 20 Hospital, and of those, 141 saw a complete 21 recovery, 23 had recovered significantly, 22 three had seen changes in their condition, and 23 22 had died; and 24 "WHEREAS, For a brand-new hospital, 25 at that time, to see an 87 percent success

Candyco Transcription Service, Inc. 1 rate was phenomenal, considering the financial 2 and health conditions of the plaintiff, along 3 with the primitive conditions of most 4 hospitals. Much can be attributed to 5 Dr. Williams' insistence on the highest 6 standards concerning procedures and sanitary 7 conditions. In 1889, he was appointed to the 8 Illinois State Board of Health and one year 9 later set forth to create an interracial 10 hospital; and 11 "WHEREAS, Two and a half years 12 later, on July 9, 1893, a young 13 African-American man named James Cornish was 14 injured in a bar fight, stabbed in the chest 15 with a knife. Upon being transported to 16 Provident Hospital, he was coming closer to 17 death, having lost a great deal of blood and 18 having already gone into shock; and 19 "WHEREAS, Dr. Williams was faced 20 with the choice of opening the man's chest and 21 possibly operating internally when that was 22 almost unheard of in that particular day and 23 age. Internal operations were unheard of 24 because any entrance into the chest or abdomen 25 of a patient would almost surely bring with it

Candyco Transcription Service, Inc. 1 resulting infection and therefore death. Dr. 2 Williams then made the decision to operate and 3 opened the man's chest; and 4 "WHEREAS, Dr. Williams saw the 5 damage to the man's pericardium (the sac 6 surrounding the heart) and sutured it, and 7 then applied antiseptic procedures before 8 closing his chest. Fifty-one days later, 9 James Cornish walked out of Provident Hospital 10 completely recovered and would go on to live 11 for another fifty years; and 12 "WHEREAS, Unfortunately, 13 Dr. Williams was so busy with other matters, 14 he did not bother to document the event and 15 others made claims to have first achieved the 16 feat of performing open heart surgery. 17 Fortunately, local newspapers of that day did 18 spread the news, and Dr. Williams achieved the 19 acclaim he deserved; and 20 "WHEREAS, It should be noted, 21 however, that while Dr. Williams is known as 22 the first person to perform an open heart 23 surgery, it is actually more noteworthy that 24 he was the first surgeon to open the chest 25 cavity successfully without the patient dying

Candyco Transcription Service, Inc. 1 of infection. His procedures would therefore 2 be used as standards for future internal 3 surgeries; and 4 "WHEREAS, In February of 1894, 5 Dr. Daniel Hale Williams was appointed as 6 chief surgeon at the Freedmen's Hospital in 7 Washington, D.C., and reorganized the 8 hospital, creating seven medical and surgical 9 departments, setting up pathological and 10 bacteriological units, establishing a biracial 11 staff of highly qualified doctors and nurses, 12 and establishing an internship program. 13 Recognition of his efforts and their success 14 came when doctors from all over the country 15 traveled to Washington to view the hospital 16 and to sit in on surgery performed there; and 17 "WHEREAS, Upon his retirement, 18 Dr. Daniel Hale Williams had bestowed upon him 19 numerous honors and awards. He received 20 honorary degrees from Howard and Wilberforce 21 Universities, was named a charter member of 22 the American College of Surgeons, and was a 23 member of the Chicago Surgical Society. 24 Dr. Williams died on August 4, 1931, having 25 set standards and examples for surgeons, both

Candyco Transcription Service, Inc. 1 black and white, for many years to come; now, 2 therefore, be it 3 "RESOLVED, That this Legislative 4 Body pause in its deliberations to pay tribute 5 to the life and accomplishments of Dr. Daniel 6 Hale Williams, surgical pioneer of open heart 7 surgery and its sterilization procedures." 8 ACTING PRESIDENT FLANAGAN: The 9 question is on the resolution. All those in 10 favor signify by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT FLANAGAN: 13 Opposed, nay. 14 (No response.) 15 ACTING PRESIDENT FLANAGAN: The 16 resolution is adopted. 17 Senator Libous. 18 SENATOR LIBOUS: Thank you, 19 Mr. President. 20 And as we do as a custom in the 21 house, Senator Sampson would like to open it 22 up for cosponsorship for all members. If 23 there's a member who wishes not to be on the 24 resolution, let the desk know. 25 ACTING PRESIDENT FLANAGAN: The

Candyco Transcription Service, Inc. 1 resolution is open for cosponsorship. If you 2 would not like to be a cosponsor, please 3 notify the desk. 4 Senator Libous. 5 SENATOR LIBOUS: Thank you, 6 Mr. President. 7 I believe Senator Squadron has 8 privileged Resolution 398 at the desk. I'd 9 ask that the title be read and call on Senator 10 Squadron, please. 11 ACTING PRESIDENT FLANAGAN: The 12 Secretary will read. 13 THE SECRETARY: By Senator 14 Squadron, Legislative Resolution Number 398, 15 honoring Lawrence Bosch, exemplary police 16 officer and true public servant, and 17 recognizing the significance of his service to 18 his community and the people of the State of 19 New York. 20 ACTING PRESIDENT FLANAGAN: 21 Senator Squadron on the resolution. 22 SENATOR SQUADRON: Thank you, 23 Mr. President. I rise today to speak on this 24 resolution honoring Police Officer Lawrence 25 Bosch as the 84th Precinct Cop of the Year.

Candyco Transcription Service, Inc. 1 Police Officer Bosch is not just an 2 exemplary cop in the 84th, he's also a 3 constituent and a neighbor in Carroll Gardens, 4 Brooklyn. He works the beat just like cops 5 have for generations in downtown Brooklyn, and 6 last year really earned his stripes as the 7 Cop of the Year, making 54 arrests in the 8 growing commercial zone of the Fulton Street 9 Corridor, which is a significant one locally 10 in the community but also citywide and 11 statewide. 12 It's a significant and growing 13 commercial zone, and the work of Police 14 Officer Bosch is a big part of making it 15 safer, making it more popular. In fact, he is 16 so good at his job, he has literally earned 17 the nickname "Book 'Em Bosch." And certainly 18 it's a well-deserved one. 19 His honor as 84th Precinct Cop of 20 the Year is one that we're very proud of in 21 the 25th Senate District, across Brooklyn. 22 Congratulations to Police Officer 23 Bosch and to his family. And I thank this 24 body for taking a moment to recognize him. 25 Thank you, Mr. President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: Thank 2 you, Senator Squadron. 3 Is there any other Senator wishing 4 to be heard on the resolution? 5 Hearing none, the question is on 6 the resolution. All those in favor signify by 7 saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT FLANAGAN: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT FLANAGAN: The 13 resolution is adopted. 14 Senator Libous. 15 SENATOR LIBOUS: Thank you, 16 Mr. President. 17 I believe there's another 18 privileged resolution at the desk by Senator 19 Smith. May we please have the title read and 20 move for its immediate adoption. 21 ACTING PRESIDENT FLANAGAN: The 22 Secretary will read. 23 THE SECRETARY: By Senator Smith, 24 Legislative Resolution Number 473, honoring 25 David Franklin Bluford upon the occasion of

Candyco Transcription Service, Inc. 1 his designation for special recognition by the 2 Alpha Phi Alpha Senior Citizens Center, Inc. 3 ACTING PRESIDENT FLANAGAN: The 4 question is on the resolution. All those in 5 favor signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT FLANAGAN: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT FLANAGAN: The 11 resolution is adopted. 12 Senator Libous. 13 SENATOR LIBOUS: Mr. President, 14 could we take up the noncontroversial 15 calendar, please. 16 ACTING PRESIDENT FLANAGAN: The 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 29, by Senator Saland, Senate Print 1433, an 20 act to amend the Criminal Procedure Law. 21 ACTING PRESIDENT FLANAGAN: Read 22 the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect on the first day of the 25 calendar month next succeeding the 30th day.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. 5 ACTING PRESIDENT FLANAGAN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 30, by Senator Sampson, Senate Print 1620, an 9 act to amend the Penal Law, in relation to 10 creating a hazard. 11 ACTING PRESIDENT FLANAGAN: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of 15 November. 16 ACTING PRESIDENT FLANAGAN: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 58. Nays, 20 1. Senator Duane recorded in the negative. 21 ACTING PRESIDENT FLANAGAN: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 32, by Senator Golden, Senate Print 1746, an 25 act to amend the Civil Rights Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT FLANAGAN: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT FLANAGAN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 33, by Senator Griffo, Senate Print 1882, an 13 act to amend the Penal Law. 14 ACTING PRESIDENT FLANAGAN: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the first of 18 November. 19 ACTING PRESIDENT FLANAGAN: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 58. Nays, 23 1. Senator Duane recorded in the negative. 24 ACTING PRESIDENT FLANAGAN: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 34, by Senator Saland, Senate Print 2194, an 3 act to amend the Criminal Procedure Law. 4 ACTING PRESIDENT FLANAGAN: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT FLANAGAN: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 59. 12 ACTING PRESIDENT FLANAGAN: The 13 bill is passed. 14 Senator Libous, that completes the 15 noncontroversial reading of the calendar. 16 SENATOR LIBOUS: Mr. President, 17 is there any further business at the desk? 18 ACTING PRESIDENT FLANAGAN: No 19 other further business, Senator. 20 SENATOR LIBOUS: Thank you, 21 Mr. President. 22 There being no further business to 23 come before the Senate today, I move that we 24 adjourn until Monday, February 14th, at 25 3:00 p.m., intervening days being legislative

Candyco Transcription Service, Inc. 1 days. 2 ACTING PRESIDENT FLANAGAN: On 3 motion, the Senate stands adjourned until 4 Monday, February 14th, at 3:00 p.m., 5 intervening days being legislative days. 6 (Whereupon, at 2:23 p.m., the 7 Senate adjourned.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Candyco Transcription Service, Inc.