Monday, March 21, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 21, 2011 11 3:17 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR THOMAS F. O'MARA, 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 O'MARA: 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 O'MARA: We have 10 the Reverend Peter G. Young, of Mother Teresa 11 Community here in Albany, to lead us in a 12 prayer. 13 REVEREND YOUNG: Thank you, 14 Senator. 15 Dear God, on this beautiful first 16 day of spring with the snowflakes, You've made 17 a world where we have become our neighbor and 18 to each other we are enabled, therefore, to 19 love one another. Grant that we too may use 20 the Senate to strive toward a way of life in 21 keeping with Your plan. 22 You, O God, have given us a 23 marvelous example of charity in the call to us 24 to love one another. Send down Your blessing 25 on these Senators who generously devote

Candyco Transcription Service, Inc. 1 themselves to helping our New York State 2 citizens. 3 Amen. 4 ACTING PRESIDENT O'MARA: The 5 reading of the Journal. 6 THE SECRETARY: In Senate, 7 Sunday, March 20th, the Senate met pursuant to 8 adjournment. The Journal of Saturday, 9 March 19th, was read and approved. On motion, 10 Senate adjourned. 11 ACTING PRESIDENT O'MARA: Without 12 objection, the Journal stands approved as 13 read. 14 Presentation of petitions. 15 Messages from the Assembly. 16 Messages from the Governor. 17 Reports of standing committees. 18 Reports of select committees. 19 Communications and reports from 20 state officers. 21 Motions and resolutions. 22 Senator Libous. 23 SENATOR LIBOUS: Thank you, 24 Mr. President. 25 Mr. President, on behalf of Senator

Candyco Transcription Service, Inc. 1 Zeldin, I move to commit Senate Print Number 2 3638, Calendar Number 169 on the order of 3 third reading, and commit it to the Committee 4 on Finance, please. 5 ACTING PRESIDENT O'MARA: So 6 ordered. 7 Senator Libous. 8 SENATOR LIBOUS: Thank you, 9 Mr. President. 10 Mr. President, there's a privileged 11 resolution at the desk by Senator Perkins. 12 May we please have it read in its entirety, 13 and I believe Senator Perkins would like to be 14 called on before it's adopted. 15 ACTING PRESIDENT O'MARA: The 16 Secretary will read. 17 THE SECRETARY: By Senator 18 Perkins, Legislative Resolution Number 994, 19 memorializing Governor Andrew M. Cuomo to 20 proclaim March 2011 as Colorectal Cancer 21 Awareness Month in the State of New York. 22 "WHEREAS, Colorectal cancer is the 23 second leading cause of cancer deaths in men 24 and women combined in the United States; and 25 "WHEREAS, It is estimated that in

Candyco Transcription Service, Inc. 1 the year 2011 over 146,970 new cases of 2 colorectal cancer will be diagnosed in the 3 United States; and 4 "WHEREAS, In the year 2011 the 5 disease is expected to kill an estimated 6 49,920 individuals in this country; and 7 "WHEREAS, An estimated 9,970 8 individuals in the State of New York were 9 diagnosed with colorectal cancer in the year 10 2009; and 11 "WHEREAS, In November of 1999 the 12 United States Senate passed legislation 13 declaring March 2000 as the first ever 14 National Colorectal Cancer Awareness Month; 15 and 16 "WHEREAS, The Colon Cancer 17 Alliance, Inc., will continue working with 18 Congress for coverage, education, and 19 awareness so that colorectal cancer is 20 detected early and lives are saved; and 21 "WHEREAS, Screening for colorectal 22 cancer is underutilized. Less than 50 percent 23 of individuals above age 50 receive annual 24 screenings for colorectal cancer; and 25 "WHEREAS, Regular screenings, which

Candyco Transcription Service, Inc. 1 can detect polyps that lead to colorectal 2 cancer, can save lives; and 3 "WHEREAS, Education can help inform 4 the public about methods of prevention, and 5 about symptoms, to aid in early detection; and 6 "WHEREAS, Adopting a healthy diet 7 at a young age can significantly reduce the 8 risk of developing colorectal cancer; and 9 "WHEREAS, The Ralph Lauren Center 10 for Cancer Care and Prevention is offering 11 colon cancer evaluations for men and women 12 age 50 and over, and prostate evaluations for 13 men age 40 and over, to be held at the Adam 14 Clayton Powell Jr. State Office Building in 15 New York on Wednesday, March 23, 2011, in 16 conjunction with Colorectal Cancer Awareness 17 Month in the State of New York; and 18 "WHEREAS, The State of New York 19 should help inform the public about colorectal 20 cancer prevention and screening; now, 21 therefore, be it 22 "RESOLVED, That this Legislative 23 Body pause in its deliberations to memorialize 24 Governor Andrew M. Cuomo to proclaim 25 March 2011 as Colorectal Cancer Awareness

Candyco Transcription Service, Inc. 1 Month in the State of New York; and be it 2 further 3 "RESOLVED, That will copies of this 4 resolution, suitably engrossed, be transmitted 5 to The Honorable Andrew M. Cuomo, Governor of 6 the State of New York; The Colon Cancer 7 Alliance, Inc., 1025 Vermont Avenue, N.W., 8 Suite 1066, Washington, D.C. 20005; Dan 9 Foster, 8 Dictum Court, Brooklyn, New York 10 11229; Dahlia Rizk, D.O., Director, 11 Hospitalist Program, Beth Israel Medical 12 Center, First Avenue at 16th Street, New York, 13 New York 10003; Jianjun Li, M.D., Maimonides 14 Medical Center, Director, Division of 15 Gastroenterology, 4721 Fort Hamilton Parkway, 16 Brooklyn, New York 11219; and the Ralph Lauren 17 Center for Cancer Care and Prevention, 1919 18 Madison Avenue, New York, New York 10035." 19 ACTING PRESIDENT O'MARA: Senator 20 Perkins. 21 SENATOR PERKINS: Thank you very 22 much. 23 I'm going to be brief because I 24 think that the resolution speaks well for what 25 it is that we're trying to acknowledge.

Candyco Transcription Service, Inc. 1 I'm speaking today as a survivor of 2 colorectal cancer, and I know all too well 3 that early detection is essential. However, 4 less than 50 percent of at-risk individuals 5 have regular screenings. Colorectal cancer is 6 highly treatable with early detection, and if 7 everyone at risk received screenings 8 regularly, the number of deaths could be 9 reduced by 60 percent. 10 And I know especially 11 African-American men and men of color are 12 often victims of colorectal cancer to the 13 fatal extent. And we've launched a campaign 14 to alert our neighbors and our friends to get 15 these prescreenings in order to prevent the 16 mortality that would result without them. As 17 a matter of fact, as was pointed out, we are 18 doing some screenings as we speak at the Adam 19 Clayton Powell State Office Building. 20 And I want to acknowledge again the 21 Ralph Lauren Center for Cancer Care and 22 Prevention for the extraordinary work that 23 they've been doing in alerting our communities 24 about this colorectal cancer problem and 25 getting the community united and organized to

Candyco Transcription Service, Inc. 1 deal with it. 2 So thank you very much, and I would 3 ask my colleagues to join me in signing onto 4 the resolution. 5 ACTING PRESIDENT O'MARA: Thank 6 you, Senator Perkins. 7 Any other Senator wishing to be 8 heard on the resolution? 9 (No response.) 10 ACTING PRESIDENT O'MARA: The 11 question is on the resolution. All in favor 12 signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT O'MARA: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT O'MARA: The 18 resolution is adopted. 19 Senator Libous. 20 SENATOR LIBOUS: Mr. President, I 21 believe we are on the reading of the 22 noncontroversial calendar, please. 23 ACTING PRESIDENT O'MARA: Senator 24 Libous, Senator Perkins indicated a 25 willingness to leave the resolution open for

Candyco Transcription Service, Inc. 1 cosponsorship. Anyone not wishing to be on 2 the resolution please notify the desk. 3 May we please have the 4 noncontroversial reading of the calendar. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 81, by Senator Flanagan, Senate Print 1833, an 8 act to amend the General Business Law. 9 ACTING PRESIDENT O'MARA: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 60th day. 13 ACTING PRESIDENT O'MARA: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 58. Nays, 17 2. Senator Duane and Senator Perkins recorded 18 in the negative. 19 ACTING PRESIDENT O'MARA: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 171, by Senator Valesky, Senate Print 657, an 23 act to amend the Penal Law and the Public 24 Health Law. 25 ACTING PRESIDENT O'MARA: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 4. This 3 act shall take effect on the 180th day. 4 ACTING PRESIDENT O'MARA: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT O'MARA: Senator 8 DeFrancisco to explain his vote. 9 SENATOR DeFRANCISCO: Yes, I'm 10 going to vote aye on this bill. 11 Earlier today I explained the bill 12 to -- that this bill would be on the calendar 13 to people from the Living Word Academy in 14 Syracuse, New York, and I was surprised to 15 learn that one of the teachers was aware of 16 why we need this bill. And she didn't tell me 17 why she knew why this bill was important, but 18 I was very impressed about that. And I was 19 impressed with the students coming here and 20 learning about government. 21 And for those reasons, I'm going to 22 vote aye on this bill. 23 ACTING PRESIDENT O'MARA: Senator 24 DeFrancisco will be recorded in the 25 affirmative.

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Ayes, 60. 3 ACTING PRESIDENT O'MARA: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 191, by Member of the Assembly Sayward, 7 Assembly Print Number 1635, an act to 8 authorize certain healthcare professionals. 9 ACTING PRESIDENT O'MARA: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect July 20, 2011. 13 ACTING PRESIDENT O'MARA: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT O'MARA: The 18 bill is passed. 19 Senator Libous, that completes the 20 reading of the noncontroversial calendar. 21 SENATOR LIBOUS: Thank you, 22 Mr. President. 23 At this time I'd like to hand up 24 the following committee assignments and ask 25 that the assignments be filed in the Journal.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT O'MARA: So 2 ordered. The assignments will be filed in the 3 Journal. 4 Senator Libous. 5 SENATOR LIBOUS: Mr. President, 6 is there any further business at the desk? 7 ACTING PRESIDENT O'MARA: No, 8 there is no further business at the desk. 9 SENATOR LIBOUS: Mr. President, 10 there being no further business to come before 11 the Senate today, I move that we adjourn until 12 Tuesday, March 22nd, at 3:00 p.m. 13 ACTING PRESIDENT O'MARA: On 14 motion, the Senate stands adjourned until 15 Tuesday, March 22nd, at 3:00 p.m. 16 (Whereupon, at 3:28 p.m., the 17 Senate adjourned.) 18 19 20 21 22 23 24 25

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