Tuesday, March 22, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 22, 2011 11 3:05 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: In the 10 absence of clergy, may we bow our heads in a 11 moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT O'MARA: The 15 reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Monday, March 21st, the Senate met pursuant to 19 adjournment. The Journal of Sunday, 20 March 20th, was read and approved. On motion, 21 Senate adjourned. 22 ACTING PRESIDENT O'MARA: Without 23 objection, the Journal stands approved as 24 read. 25 Presentation of petitions.

Candyco Transcription Service, Inc. 1 Messages from the Assembly. 2 The Secretary will read. 3 THE SECRETARY: On page 20, 4 Senator Robach moves to discharge, from the 5 Committee on Labor, Assembly Bill Number 6091 6 and substitute it for the identical Senate 7 Bill Number 3928, Third Reading Calendar 229. 8 ACTING PRESIDENT O'MARA: 9 Substitution ordered. 10 Messages from the Governor. 11 Reports of standing committees. 12 Reports of select committees. 13 Communications and reports from 14 state officers. 15 Motions and resolutions. 16 Senator Breslin. 17 SENATOR BRESLIN: Thank you, 18 Mr. President. 19 On behalf of Senator Parker, I move 20 that the following bill, Bill 1820, be 21 discharged from its respective committee and 22 be recommitted with instructions to strike the 23 enacting clause. 24 ACTING PRESIDENT O'MARA: So 25 ordered.

Candyco Transcription Service, Inc. 1 SENATOR BRESLIN: Thank you, 2 Mr. President. 3 ACTING PRESIDENT O'MARA: Senator 4 Libous. 5 SENATOR LIBOUS: Thank you, 6 Mr. President. 7 On behalf of Senator Griffo, 8 Mr. President, I move to commit Senate Print 9 Number 1707A, Calendar Number 223 on the order 10 of third reading, to the Committee on 11 Commerce, Economic Development and Small 12 Business. 13 ACTING PRESIDENT O'MARA: So 14 ordered. 15 SENATOR LIBOUS: And, 16 Mr. President, on behalf of Senator Seward, on 17 page 9 I offer the following amendments to 18 Calendar Number 87, Senate Print Number 2683, 19 and ask that the bill retain its place on the 20 Third Reading Calendar. 21 ACTING PRESIDENT O'MARA: The 22 amendments are received, and the bill retain 23 its place on the Third Reading Calendar. 24 Senator Libous. 25 SENATOR LIBOUS: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 May we at this time adopt the 3 Resolution Calendar, with the exception of 4 Resolution Numbers 965, 971, 980, 995, 996, 5 and 999. 6 ACTING PRESIDENT O'MARA: All in 7 favor of adopting the Resolution Calendar, 8 with the omissions noted, please signify by 9 saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT O'MARA: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT O'MARA: Motion 15 carried. The Resolution Calendar is adopted. 16 SENATOR LIBOUS: Mr. President, 17 there's a resolution at the desk by Senator 18 Martins, Resolution Number 980. May we please 19 have it read in its entirety and call on 20 Senator Martins before it is adopted. 21 ACTING PRESIDENT O'MARA: The 22 Secretary will read. 23 THE SECRETARY: By Senator 24 Martins, Legislative Resolution Number 980, 25 congratulating the Elmont Memorial High School

Candyco Transcription Service, Inc. 1 Varsity Boys Basketball Team and Coach George 2 Holub upon the occasion of capturing the 3 Nassau County Class AA Championship on 4 March 7, 2011. 5 "WHEREAS, Excellence and success in 6 competitive sports can be achieved only 7 through strenuous practice, team play and team 8 spirit, nurtured by dedicated coaching and 9 strategic planning; and 10 "WHEREAS, Athletic competition 11 enhances the moral and physical development of 12 the young people of this state, preparing them 13 for the future by instilling in them the value 14 of teamwork, encouraging a standard of healthy 15 living, imparting a desire for success, and 16 developing a sense of fair play and 17 competition; and 18 "WHEREAS, The Elmont Memorial High 19 School Varsity Boys Basketball Team, the 20 Elmont Spartans, are the Nassau County Class 21 AA Champions; and 22 "WHEREAS, The athletic talent 23 displayed by this team is due in great part to 24 the efforts of Coach George Holub, a skilled 25 and inspirational tutor respected for his

Candyco Transcription Service, Inc. 1 ability to develop potential into excellence; 2 and 3 "WHEREAS, The team's overall record 4 is outstanding, and the team members were 5 loyally and enthusiastically supported by 6 family, fans, friends and the community at 7 large. Elmont's 32 to 29 victory over Baldwin 8 at the Marck Arena was watched by a crowd of 9 1,500; and 10 "WHEREAS, The hallmarks of the 11 Elmont Memorial High School Varsity Boys 12 Basketball Team, from the opening game of the 13 season to participation in the championship, 14 were a brotherhood of athletic ability, of 15 good sportsmanship, of honor and of 16 scholarship, demonstrating that these team 17 players are second to none; and 18 "WHEREAS, Athletically and 19 academically, the team members have proven 20 themselves to be an unbeatable combination of 21 talents, reflecting favorably on their school; 22 and 23 "WHEREAS, Coach George Holub has 24 done a superb job in guiding, molding and 25 inspiring the team members toward their goals;

Candyco Transcription Service, Inc. 1 and 2 "WHEREAS, Sports competition 3 instills the values of teamwork, pride and 4 accomplishment, and Coach George Holub and his 5 outstanding athletes have clearly made a 6 contribution to the spirit of excellence which 7 is a tradition of their school; now, 8 therefore, be it 9 "RESOLVED, That this legislative 10 body pause in its deliberations to 11 congratulate the Elmont Memorial High School 12 Varsity Boys Basketball Team, its members -- 13 Dillon Williams, Anthony Elechi, Tyler 14 DeChalus, Robert Chambers, Tristan Brown, 15 Reggie Pierre, Kyle Johnson, Jean Altidor, 16 Timothy Lewis, Rahquan Scott, Greg Senat, 17 Michael Dugue, Hakeem Fisher-Ali and Devin 18 Guerre -- and Coach George Holub on their 19 outstanding season and overall team record; 20 and be it further 21 "RESOLVED, That copies of this 22 resolution, suitably engrossed, be transmitted 23 to the Elmont Memorial High School Varsity 24 Boys Basketball Team and to Principal John 25 Capozzi and Coach George Holub."

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT O'MARA: Senator 2 Martins on the resolution. 3 SENATOR MARTINS: Thank you, 4 Mr. President. 5 I rise in support of this 6 resolution and to recognize the wonderful 7 achievements of the Elmont High School Boys 8 Basketball Team, Nassau County champions. I 9 want to recognize their principal, John 10 Capozzi. I want to recognize their coach, 11 George Holub, who has molded this team into a 12 county championship. And I want to recognize 13 the fact that for Elmont and Elmont High 14 School, this is their first county 15 championship in the history of that school. 16 And it is well deserved. The 17 Elmont Spartans beat the Baldwin Bruins 32-29 18 in the championship game. And as a result of 19 that victory, my colleague and good friend 20 Senator Fuschillo will be joining us for lunch 21 in Elmont, at the high school, where we will 22 celebrate the victory of the Elmont Boys 23 Basketball Team. 24 But to speak of this team in 25 particular -- and I think it's important that

Candyco Transcription Service, Inc. 1 we do that -- it's not just about the sports, 2 it's not just about the sports program and the 3 impact in the school, but these young men are 4 leaders in the Elmont community. They 5 volunteer, they tutor, they mentor other 6 children, they're involved in not-for-profit 7 organizations, and they are making a 8 difference. And they will make a difference 9 as future leaders in the Elmont community. 10 And it is for that reason as well 11 as their great achievements on the basketball 12 court that I rise today and support and ask 13 that we all recognize such a great team and 14 this wonderful achievement. 15 Mr. President, thank you. 16 ACTING PRESIDENT O'MARA: Thank 17 you, Senator Martins. 18 Senator Fuschillo. 19 SENATOR FUSCHILLO: Thank you 20 very much, Mr. President. I rise in a humbled 21 fashion here today that I do have to go to 22 Elmont High School and eat in their cafeteria 23 with the winning team. 24 Senator Skelos and I represent 25 Baldwin, but he also represents Elmont as

Candyco Transcription Service, Inc. 1 well. And despite the fact that Elmont beat 2 my son's basketball team at Merrick Calhoun 3 High School twice, and despite the fact that 4 they beat Baldwin in the championship, I just 5 wanted to rise and congratulate Senator 6 Martins and the fine group of the boys that 7 displayed a tremendous amount of character in 8 their victory. 9 Congratulations, Elmont. 10 ACTING PRESIDENT O'MARA: I hope 11 you enjoy your lunch. 12 (Laughter.) 13 ACTING PRESIDENT O'MARA: Senator 14 Skelos. 15 SENATOR SKELOS: Thank you very 16 much, Mr. President. 17 I too want to congratulate the 18 Elmont Basketball Team. I want to 19 congratulate Senator Fuschillo for agreeing to 20 go to lunch with Senator Martins and myself. 21 And I also just want to point out I 22 represent both. And generally when you 23 represent both, one of them is a winner. And 24 as the leader, I'm delighted that I had a 25 winner.

Candyco Transcription Service, Inc. 1 (Laughter.) 2 SENATOR SKELOS: But both teams 3 are great young men. They both achieve 4 athletically and, even more important, 5 academically. 6 So we're very proud of both teams, 7 but today we celebrate the great victory of 8 the Elmont High School Basketball Team. And I 9 know the entire chamber sends our best wishes 10 and congratulations. 11 ACTING PRESIDENT O'MARA: The 12 question is on the resolution. All in favor 13 signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT O'MARA: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT O'MARA: The 19 resolution is adopted. 20 Senator Libous. 21 SENATOR LIBOUS: Thank you, 22 Mr. President. 23 I believe there's another 24 resolution at the desk, 965, by Senator 25 Hannon. Could we please read its title and

Candyco Transcription Service, Inc. 1 move for its immediate adoption. 2 ACTING PRESIDENT O'MARA: The 3 Secretary will read. 4 THE SECRETARY: Legislative 5 Resolution Number 965, by Senator Hannon, 6 memorializing Governor Andrew M. Cuomo to 7 proclaim March 10, 2011, as Chronic Kidney 8 Disease Awareness Day in the State of 9 New York. 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: Thank you, 21 Mr. President. 22 And I believe Senator Hannon would 23 like to open up his resolution for 24 cosponsorship. As we have a policy here, if 25 you do not wish to be on the resolution, let

Candyco Transcription Service, Inc. 1 the desk know. Otherwise, you will be a 2 cosponsor. 3 ACTING PRESIDENT O'MARA: Yes, 4 Senator Libous. The resolution is open for 5 cosponsorship. If you do not wish to be a 6 cosponsor, please notify the desk. 7 Senator Libous. 8 SENATOR LIBOUS: Mr. President, 9 there is a resolution at the desk, 971, by 10 Senator Larkin. Could we ask that you read it 11 in its entirety and call on Senator Larkin, 12 please. 13 ACTING PRESIDENT O'MARA: The 14 Secretary will read. 15 THE SECRETARY: Legislative 16 Resolution Number 971, by Senator Larkin, 17 commemorating the 35th Anniversary of the 18 New York Aviation Management Association and 19 celebrating the benefits of aviation in the 20 State of New York. 21 "WHEREAS, It is the sense of this 22 Legislative Body to recognize that the quality 23 and character of the life of the communities 24 across New York State are reflective of the 25 concerned and dedicated efforts of those

Candyco Transcription Service, Inc. 1 organizations and individuals who would devote 2 themselves to the welfare of the community and 3 its citizenry; and 4 "WHEREAS, Attendant to such 5 concern, and in full accord with its 6 long-standing traditions, this Legislative 7 Body is justly proud to commemorate the 35th 8 Anniversary of the New York Aviation 9 Management Association, and to celebrate the 10 benefits of aviation in New York State; and 11 "WHEREAS, The Empire State is home 12 to over 600 commercial, public and private 13 airports and heliports, ranging from small 14 rural facilities to New York City's John F. 15 Kennedy International Airport, which is the 16 twelfth busiest airport in the world; and 17 "WHEREAS, The New York State 18 Department of Transportation has demonstrated 19 that the state's aviation industry accounts 20 for a significant amount in annual economic 21 activity, 500,000 jobs, and a significant 22 amount in state and local revenue; and 23 "WHEREAS, This contribution by the 24 aviation sector to the state's economic 25 well-being is fueled by a vibrant and

Candyco Transcription Service, Inc. 1 supportive aviation community, led by the 2 New York Aviation Management Association, 3 which represents the voice of aviation in 4 New York State for airports, general aviation, 5 commercial aviation, cargo transports, 6 manufacturing partners, hospitality 7 businesses, vendors and contractors, engineers 8 and consultants, pilots, mechanics, 9 educational institutions and other aviation 10 organizations; and 11 "WHEREAS, New York State's 12 commercial service airports accommodate a wide 13 variety of local, domestic, and international 14 flights connecting all of New York State to 15 the nation and the world, and are responsible 16 for over 40 million enplanements per year; and 17 "WHEREAS, Business aviation is a 18 critical tool for companies in New York to 19 support their operations, thus bringing new 20 business, investment and jobs to this state. 21 Business aircraft improve efficiency, save 22 money and open up opportunities for rural 23 areas not served by commercial aviation; and 24 "WHEREAS, Aviation and airports 25 play a vital role in New York State's

Candyco Transcription Service, Inc. 1 businesses and communities that depend on 2 general aviation of all types for mobility, 3 access to medical treatment, economic 4 opportunity, disaster relief, law enforcement, 5 search and rescue, and also contribute to our 6 national defense; and 7 "WHEREAS, The State of New York has 8 a keen interest in the health and economic 9 vitality of airports and the aviation industry 10 and should lead the nation in promoting its 11 aviation sector so as to further attract 12 private-sector investment; now, therefore, be 13 it 14 "RESOLVED, That this legislative 15 body pause in its deliberations to commemorate 16 the 35th Anniversary of the New York Aviation 17 Management Association, and to celebrate the 18 benefits of aviation in New York State; and be 19 it further 20 "RESOLVED, That a copy of this 21 resolution, suitably engrossed, be transmitted 22 to the New York Aviation Management 23 Association." 24 ACTING PRESIDENT O'MARA: Senator 25 Larkin on the resolution.

Candyco Transcription Service, Inc. 1 SENATOR LARKIN: Thank you very 2 much, Mr. President. 3 You know, normally we don't 4 recognize a lot of people in the gallery 5 unless they're some sports teams or academic, 6 but we have some people in the gallery who've 7 made revenue for the State of New York. 8 I'd like to introduce Carl 9 Beardsley, from Senator Libous's district, who 10 is the president of this organization, who's 11 been a driving force. Carl, thank you very 12 much. 13 And from my own district, although 14 he's a naval officer, I'll say Fritz Kass -- 15 where are you hiding? No hat on, I don't 16 recognize you. And the other representatives 17 here of the airports throughout the state. 18 You have made a major effort to 19 assist us in the development of our airports, 20 the area surrounding it, and the community, to 21 increase job opportunities. We've been 22 slacking in many areas in this. A couple of 23 years ago we did one with reference to the 24 taxes on what you would do with an airplane 25 when it needs to be repaired. Instead of

Candyco Transcription Service, Inc. 1 sending it to, in my area, over to Shirley, 2 Connecticut, because of the taxes that we did 3 back in '07 you were able to take that tax 4 benefit here. 5 We need to do a lot more of that, 6 because a lot of our small airports can make a 7 major contribution to the economy. I know 8 what Cessna does for us at Stewart and all the 9 rest around the area. 10 I just want to thank you all very 11 much for taking time from your busy schedule 12 to be here with us today and let my fellow 13 colleagues understand what the issue is with 14 regard to small aviation in our state. I 15 thank you all very much for coming. 16 Thank you, Mr. President. 17 ACTING PRESIDENT O'MARA: Senator 18 Libous on this resolution. 19 SENATOR LIBOUS: Thank you, 20 Mr. President. 21 I want to join Senator Larkin and 22 certainly welcome everyone that is here from 23 the association. And I'm very proud to stand 24 here, as Carl Beardsley represents the Greater 25 Binghamton Airport -- or, as we like to refer

Candyco Transcription Service, Inc. 1 to it back home, as the Broome County Airport. 2 Some of us can't get out of bad habits, Carl. 3 But this, as Senator Larkin said, 4 is an economic-engine driver that we often 5 overlook. We tend to just think that, you 6 know, our aviation system in New York State is 7 just there, the airports just kind of function 8 on their own. And we have dedicated 9 individuals like Carl and his colleagues who 10 make sure that things move forward in a very 11 positive direction. 12 They are indeed a critical part of 13 economic development in this state and how we 14 transport, how we bring people in. Carl and I 15 had a conversation the other day about how the 16 various airports along the New York border 17 were doing more business because of -- and I 18 hate to bring this up -- gas drilling in 19 Pennsylvania, that we were getting busier 20 because they were prospering. 21 There's a whole host of things that 22 are good about what these folks do in moving 23 New York State forward that I think sometimes 24 we tend to overlook. 25 So I am proud to stand here and

Candyco Transcription Service, Inc. 1 support Senator Larkin's resolution. I say 2 thank you to all of you for what you do to 3 help economic development. And we need to 4 continue to do our part to help you. 5 ACTING PRESIDENT O'MARA: The 6 question is on the resolution. All in favor 7 signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT O'MARA: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT O'MARA: The 13 resolution is adopted. 14 Senator Libous. 15 SENATOR LIBOUS: Thank you, 16 Mr. President. 17 I believe there's a resolution at 18 the desk, Number 995, by Senator Squadron. 19 May we please have the title read, and I 20 believe Senator Squadron would like to be 21 called on. 22 ACTING PRESIDENT O'MARA: The 23 Secretary will read. 24 THE SECRETARY: Legislative 25 Resolution Number 995, by Senator Squadron,

Candyco Transcription Service, Inc. 1 paying tribute to the life and accomplishments 2 of Anne Compoccia, a dedicated civic leader 3 and devoted member of her community. 4 ACTING PRESIDENT O'MARA: Senator 5 Squadron on the resolution. 6 SENATOR SQUADRON: Thank you, 7 Mr. President. 8 On February 24, Anne Compoccia 9 passed away in Lower Manhattan, where she had 10 spent truly decades committing herself to the 11 community in many different ways. 12 You know, one thing about a 13 community, someone whose life is about making 14 a community work and working for a community, 15 is the number of different ways they do that 16 over decades. The ups and downs over decades 17 are too much to enumerate in a moment on the 18 floor. 19 But there's no question that Lower 20 Manhattan, Little Italy, the communities that 21 have recovered from the September 11, 2001, 22 attacks, that have thrived and changed over 23 centuries, have been where so many of us, 24 wherever we're from today, had our families 25 begin down at the southern tip of Manhattan,

Candyco Transcription Service, Inc. 1 are better off because of the work that Anne 2 Compoccia dedicated in many roles over many, 3 many years. 4 Lower Manhattan, Little Italy -- 5 the entire state -- are less for having lost 6 her. And I wanted to take a moment on the 7 floor of the Senate to honor her and her many 8 years of work and the many accomplishments she 9 had, and express our gratitude as a state for 10 Anne and for all of the community leaders who 11 commit themselves to what is needed when it's 12 needed for a lifetime. 13 Thank you, Mr. President. 14 ACTING PRESIDENT O'MARA: Thank 15 you, Senator Squadron. 16 Senator Duane on the resolution. 17 SENATOR DUANE: Thank you, 18 Mr. President. 19 I too had the great pleasure of 20 working with Anne Compoccia. She was an 21 amazing, amazing civic leader. I knew of her 22 work and had actually worked with her even 23 before I was elected to the City Council in 24 1991. And the district which I first 25 represented included an enormous amount of

Candyco Transcription Service, Inc. 1 Community Board One. And Anne was just a 2 pleasure, a pleasure to work with. 3 And, you know, who among us has not 4 had some difficulties in their lives, and Anne 5 was no exception. However, Anne turned the 6 difficulty that she had in her life into yet 7 another way to provide great public service, 8 and particularly to those who most needed 9 help. She did that through her work at the 10 Postgraduate Center and in other areas. 11 And when the history is written of 12 Lower Manhattan, Anne will absolutely be a 13 part of that. And her passing is very, very 14 sad, but she has certainly left an amazing 15 mark. 16 Thank you, Mr. President. 17 ACTING PRESIDENT O'MARA: Thank 18 you, Senator Duane. 19 The question is on the resolution. 20 All in favor signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT O'MARA: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT O'MARA: The

Candyco Transcription Service, Inc. 1 resolution is adopted. 2 Senator Libous. 3 SENATOR LIBOUS: Mr. President, I 4 believe there is a resolution at the desk by 5 Senator Gallivan, Resolution Number 996. 6 Could you please read it in its entirety and 7 call on Senator Gallivan. 8 ACTING PRESIDENT O'MARA: The 9 Secretary will read. 10 THE SECRETARY: Legislative 11 Resolution Number 996, by Senator Gallivan, 12 paying tribute to the life and accomplishments 13 of Joseph Elias Joseph, distinguished citizen 14 and devoted member of his community. 15 "WHEREAS, It is the custom of this 16 Legislative Body to pay tribute to citizens of 17 the State of New York whose lifework and civic 18 endeavor serve to enhance the quality of life 19 in their communities and the great State of 20 New York; and 21 "WHEREAS, Joseph Elias Joseph of 22 Eden, New York, died on February 25, 2011, at 23 the age of 62; and 24 "WHEREAS, Joseph Elias Joseph 25 distinguished himself in his profession and by

Candyco Transcription Service, Inc. 1 his sincere dedication and substantial 2 contribution to the welfare of his community; 3 and 4 "WHEREAS, A long-time sheriff's 5 deputy, and later a member of the sheriff's 6 mounted division, Joseph Elias Joseph pursued 7 many occupations over the years. He worked as 8 a barber, was the owner and operator of KJ's 9 Matchbox Diner, the proprietor of the private 10 investigation firm J.J. Enterprises, the head 11 of event security for the annual 'Jam in the 12 Valley' country jamboree, and he and his wife 13 began the 'Davis Ranch' in Eden; and 14 "WHEREAS, Upon his retirement in 15 2007, the county legislature proclaimed 16 March 1, 2007, 'Joseph Joseph Day' in Erie 17 County. Approximately 500 people attended his 18 retirement party, and nearly 900 people 19 attended the 'Joe Joseph Celebration of Life' 20 event in May of 2010; and 21 "WHEREAS, Joseph Elias Joseph's 22 commitment to excellence, and his spirit of 23 humanity, carried over into in all fields of 24 enterprise, including charitable and civic 25 endeavors; and

Candyco Transcription Service, Inc. 1 "WHEREAS, He served as president 2 and chairman of the Sheriff's Office Badge and 3 Shield Club and attended many community events 4 held by the Italian-American Police 5 Association, the Tonawanda Police Department, 6 and the Badge and Shield Club; and 7 "WHEREAS, Joseph Elias Joseph is 8 survived by his loving wife, Ruby 9 Davis-Joseph; two sons, Keith and Jeffrey; a 10 brother, Gregory; and three sisters, Regina, 11 Rosemary, and Dolores; and 12 "WHEREAS, Armed with a humanistic 13 spirit, imbued with a sense of compassion, and 14 comforted by a loving family, Joseph Elias 15 Joseph leaves behind a legacy which will long 16 endure the passage of time and will remain as 17 a comforting memory to all he served and 18 befriended; now, therefore, be it 19 "RESOLVED, That this Legislative 20 Body pause in its deliberations to pay tribute 21 to the life and accomplishments of Joseph 22 Elias Joseph, distinguished citizen and 23 devoted member of his community, and be it 24 further 25 "RESOLVED, That a copy of this

Candyco Transcription Service, Inc. 1 resolution, suitably engrossed, be transmitted 2 to the family of Joseph Elias Joseph." 3 ACTING PRESIDENT O'MARA: Can we 4 have a little order in the chamber, please. 5 It's getting a little loud in the back. 6 And Senator Gallivan on the 7 resolution. 8 SENATOR GALLIVAN: Thank you, 9 Mr. President. 10 I rise to pay tribute to the life 11 and accomplishments of Joseph Elias Joseph. 12 Joe was a lifetime public servant who served 13 with distinction. He was a dedicated member 14 of his community. His friendliness, his 15 character and enthusiasm inspired all who came 16 in contact with him. 17 Joe always went out of his way to 18 be with friends, neighbors, colleagues and 19 members of the community. It was his natural 20 element. He treated his community like his 21 family, like he had known and loved all of 22 them his entire life. 23 At the time of his passing, he 24 remained active as president and chairman of 25 the Erie County Sheriff's Office Badge and

Candyco Transcription Service, Inc. 1 Shield Club. He was dedicated to law 2 enforcement and to the service of others. In 3 one way or another, law enforcement and 4 service was his life. Joe devoted so much of 5 his time to honoring and befriending men and 6 women of law enforcement -- correction 7 officers, retired police officers, anyone who 8 gave part of themselves to protect all that is 9 good in society. It's fitting that we honor 10 him today. 11 Joe is survived by his widow, a 12 retired law enforcement officer, Ruby 13 Davis-Joseph, who's watching us at home today. 14 She should know that she, her family, and Joe 15 are in our hearts and will always be. 16 I'd like to thank my colleagues for 17 honoring Deputy Joe Joseph today and 18 recognizing him as a true public servant, an 19 outstanding citizen we can all be proud of. 20 Thank you, Mr. President. 21 ACTING PRESIDENT O'MARA: Thank 22 you, Senator Gallivan. 23 The question is on the resolution. 24 All in favor signify by saying aye. 25 (Response of "Aye.")

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT O'MARA: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT O'MARA: The 5 resolution is adopted. 6 Senator Libous. 7 SENATOR LIBOUS: Mr. President, I 8 believe there's a privileged resolution at the 9 desk by Senator Flanagan. May we please have 10 the title read and move for its immediate 11 adoption. 12 ACTING PRESIDENT O'MARA: The 13 Secretary will read. 14 THE SECRETARY: By Senator 15 Flanagan, legislative resolution commemorating 16 the 19th Annual National Jewish Sports Hall of 17 Fame Induction Ceremony on March 27, 2011. 18 ACTING PRESIDENT O'MARA: The 19 question is on the resolution. All in favor 20 signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT O'MARA: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT O'MARA: The

Candyco Transcription Service, Inc. 1 resolution is adopted. 2 Senator Libous. 3 SENATOR LIBOUS: Mr. President, I 4 believe there is another privileged resolution 5 at the desk, by Senator Duane. May we please 6 have the title read and call on Senator Duane, 7 please. 8 ACTING PRESIDENT O'MARA: The 9 Secretary will read. 10 THE SECRETARY: Legislative 11 resolution by Senator Duane, commemorating the 12 100th Anniversary of the Triangle Shirtwaist 13 Factory Fire on March 25, 2011. 14 ACTING PRESIDENT O'MARA: Senator 15 Duane. 16 SENATOR DUANE: Thank you, 17 Mr. President. 18 Today, as we do every year, the 19 Senate honors the memories of the young women 20 and men killed in the Triangle Shirtwaist 21 Factory Fire. This year has special and very 22 sad significance. This Friday, March 25th, 23 will be the 100th anniversary of their cruel, 24 senseless deaths. 25 The Triangle Fire was the worst

Candyco Transcription Service, Inc. 1 industrial disaster in the history of 2 New York. The tragedy also marks a critical 3 moment in New York labor history and served as 4 a catalyst for much-needed reforms. And so on 5 this anniversary we honor the victims by 6 recalling not only the horror and the 7 heartbreak but the resilience and power of 8 their colleagues in fighting to improve 9 workplace conditions. 10 The 500 employees of the Triangle 11 Shirtwaist Factory worked six days a week 12 without breaks. The doors were locked from 13 the outside. Talking was forbidden, bathroom 14 breaks monitored, and employees were even 15 forced to buy their own needles and thread. 16 Despite a widespread protest that 17 occurred in 1909, where the workers staged a 18 walkout, Triangle management still refused to 19 recognize a union and never met the demands to 20 unlock the doors and to create functional fire 21 escapes. So when the fire broke out in a 22 scrap bin one Saturday, there was no alarm and 23 there was no way out. 24 Hundreds of workers were left with 25 no choice but to leap from ninth- and

Candyco Transcription Service, Inc. 1 tenth-floor windows. The newspapers of that 2 day offered graphic, sickening, sad, violent 3 descriptions of the scene. And the gruesome 4 details will forever be in the minds, hearts, 5 and memories of New Yorkers. 6 However, a century later, we are 7 able to mark the legacy of what happened that 8 day. And that legacy is in our child labor 9 laws, in employee safety regulations, in 10 40-hour working weeks and collective 11 bargaining rights. Those deaths, those 12 horrible deaths, the legacy has served to 13 bring fairness and dignity to workers 14 regardless of age, national origin, gender. 15 You know, it may be easy and sadly 16 it seems too easy now to take this history for 17 granted. And it's maybe too easy to dismiss, 18 to just ignore the place of labor in our 19 history. But this history of good that came 20 from a tragedy includes the legacy which we 21 provide for immigrants and really those who 22 are ignored and belittled, around the margins 23 of our society. 24 And we're marking this anniversary 25 especially so that we never forget our own

Candyco Transcription Service, Inc. 1 heritage as New Yorkers and that we never, 2 ever forget the unthinkable struggles and 3 tragedy of our ancestors. 4 Shortly after the fire, the factory 5 owners went on trial for manslaughter. They 6 were acquitted. No criminal charges, they 7 were acquitted. They paid out $75 per victim 8 in a civil suit. In contrast, the insurance 9 company reimbursed the owners nearly $60,000 10 more than what was reported in losses. And 11 two years later, when one of the owners was 12 caught again locking the doors of his 13 factories from the outside, he was fined $20. 14 But again, the Triangle Fire was a 15 galvanizing event for New York labor, and the 16 day after that tragedy 15,000 shirtwaist 17 workers demonstrated for better conditions. 18 And the record exists of the editorials and 19 the pamphlets that were written in Italian and 20 German and Yiddish and probably dozens of 21 other languages, demanding change. 22 And this terrible thing brought 23 together Catholic reformers, socialist 24 organizers, machine politicians and teenage 25 girls who worked in factories. And they

Candyco Transcription Service, Inc. 1 joined together to fight for workers' rights. 2 And in response to that widespread 3 organizing, based on the outrage of what had 4 happened, this very legislature convened the 5 1911 Factory Commission which led to overhauls 6 of fire code regulations, evacuation rules, 7 sanitary requirements and over 30 total 8 workplace-safety laws. Committee cochair 9 Robert Wagner went on to author the landmark 10 National Labor Relations Act. 11 A woman named Rose Schneiderman of 12 the Women's Trade Union League told an 13 audience at the Metropolitan Opera House the 14 day after the tragedy: "I know from 15 experience it is up to the working people to 16 save themselves. The only way they can is by 17 a strong working-class movement." 18 And New York's own Frances Perkins, 19 later President Roosevelt's Commissioner of 20 Labor, called the Triangle Fire "the day the 21 New Deal began." 22 The reforms made in the years after 23 the Triangle Fire illustrate for us the 24 strength of the traditionally marginalized -- 25 of women, of new immigrants, of the poor and

Candyco Transcription Service, Inc. 1 of the young. And the progress made on 2 workers' rights in the Progressive Era and the 3 New Deal and throughout the history of 4 New York -- proud parts, parts of New York's 5 history that we must remain proud of and hold 6 sacrosanct -- shows us what we can achieve 7 when people on the edges of society unite and 8 speak. 9 And when people march together and 10 organize together, they can demand of us in 11 government what is rightfully theirs: A safe 12 working environment, a living wage, respect. 13 That's the legacy of the Triangle Fire. It's 14 a legacy of collective action and social 15 change, and it was literally forged in fire 16 and blood. 17 And because of that terrible 18 tragedy, the rest of us are able to live 19 better lives and we have a chance to have 20 future generations that will also have better 21 lives. And we must not betray the lessons of 22 the Triangle Fire. 23 Thank you, Mr. President. 24 ACTING PRESIDENT O'MARA: Thank 25 you, Senator Duane.

Candyco Transcription Service, Inc. 1 Senator Robach on the resolution. 2 SENATOR ROBACH: Yes, 3 Mr. President. Let me join my colleague 4 Senator Duane and others who are going to 5 support this on the 100th anniversary of the 6 Shirtwaist Fire. 7 And clearly, as my colleague 8 Senator Duane pointed out, horrific events 9 occurred to large numbers of people when 10 policies weren't in place and people weren't 11 working toward protecting those that may be 12 helping them share in profits. 13 And in this case, the loss of any 14 life is critically important. But these were 15 immigrants, many Italian and Jewish in 16 particular, many women and young women that 17 suffered from the terrible conditions that 18 were allowed to exist right here in our state. 19 And I would certainly agree that 20 there's no question this was a catalyst for 21 much that changed, but even today should 22 remain motivation for all of us to do all we 23 can to have policies in place that keep 24 working conditions as safe for everyone, even 25 those on the job today, though things have

Candyco Transcription Service, Inc. 1 changed dramatically. 2 And I would applaud our own 3 Department of Labor, who has also historically 4 kept this alive, had educational forums and 5 seminars as well as remembrance to let people 6 know and have all those people that perished 7 not be completely in vain. 8 I would be remiss if I didn't 9 mention our own former colleague Serph 10 Maltese, who had three members of his own 11 family, Italian immigrant women, who perished 12 in that terrible, horrific accident, and all 13 he had done to keep that memory alive too so 14 we could all not only not forget but use that 15 as motivation to help keep all of today's 16 employees out of harm's way. 17 So I join my colleague Senator 18 Duane in this very important resolution and 19 remembrance, especially on its 100th 20 anniversary. 21 Thank you, Mr. President. 22 ACTING PRESIDENT O'MARA: Thank 23 you, Senator. 24 Senator Savino on the resolution. 25 SENATOR SAVINO: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 I also want to thank Senator Duane 3 for bringing this resolution. And I join him 4 and Senator Robach and I'm sure everyone else 5 in this room in what is appropriate for the 6 New York State Senate to stop in its 7 deliberations and recognize the importance of 8 the Triangle Shirtwaist Factory Fire, not just 9 for the tragedy that occurred 100 years ago, 10 but for the advances in workers' rights that 11 followed that tragedy. 12 Every advance in workers' rights 13 began as a result of a tragedy. And I think 14 it's particularly important that now, at this 15 time, this 100th anniversary could not be 16 coming at a more important time for working 17 people in this country. 18 It would be very easy to turn the 19 clock back on the rights of workers. As we 20 speak, across the country in state houses and 21 governors are looking to curtail the 22 collective bargaining rights of public 23 employees right now. Sadly, many 24 private-sector employees no longer have a 25 voice in organized labor.

Candyco Transcription Service, Inc. 1 So I think it's very important that 2 we not only pause, recognize what happened on 3 that day, reflect on how it should never 4 happen again, but we should be ever mindful 5 and vigilant that if the representatives of 6 working people are stripped of their right to 7 represent them, if they no longer have a 8 viable labor movement in this country, if we 9 say that unions don't have the ability to have 10 automatic dues deductions so they can have an 11 organized effort to counteract some of these 12 antilabor governors and legislators across the 13 country, we could have another Triangle 14 Shirtwaist Factory Fire. 15 Without a strong labor movement, 16 you will see OSHA laws disappear just like 17 that. Without a strong labor movement, we 18 will see minimum wage laws disappear just like 19 that. We will see working people forced in 20 never-ending race to the bottom. That was the 21 legacy of the Triangle Shirtwaist Factory 22 Fire -- not only that we stop and recognize 23 the tragedy on that day and the positive 24 changes that came about for working people, 25 but we do not allow their deaths to be in

Candyco Transcription Service, Inc. 1 vain, we do not turn back the clock in an 2 effort to somehow deal with a budget crisis 3 that is not the fault of working people who 4 are struggling every day. Never before in 5 history have we needed a strong organized 6 labor movement more than we need it today. 7 That is the legacy of the Triangle Shirtwaist 8 Factory Fire. 9 So I want to thank Senator Duane 10 for bringing this resolution, Senator Robach 11 for his comments. I also think we should 12 recognize Senator Maltese, who held an event 13 around this issue every year, for keeping it 14 foremost in our minds, but never more 15 important than it is on the 100th anniversary. 16 Thank you, Senator Duane. 17 ACTING PRESIDENT O'MARA: Thank 18 you, Senator. 19 Senator Duane. 20 SENATOR DUANE: Thank you, 21 Mr. President. 22 I neglected, and I'm sorry, to 23 mention Senator Serph Maltese's incredible 24 involvement in this issue. And, you know, I 25 know that the pamphlets that went out in

Candyco Transcription Service, Inc. 1 Italian just point to the fact of the sadness 2 of the loss that his family suffered. 3 And I also neglected to mention 4 that on Friday in New York City, at Our Lady 5 of Pompeii, there will also be a mass marking 6 this 100th anniversary. And if anyone is in 7 the -- what we call the South Village, please 8 by all means come to this service. 9 Thank you, Mr. President. 10 ACTING PRESIDENT O'MARA: Thank 11 you, Senator. 12 Any other member wishing to be 13 heard on this resolution? 14 The question is on the resolution. 15 All in favor signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT O'MARA: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT O'MARA: The 21 resolution is adopted. 22 Senator Marcellino. 23 SENATOR MARCELLINO: Thank you, 24 Mr. President. 25 I believe there is a privileged

Candyco Transcription Service, Inc. 1 resolution at the desk by Senator Squadron. I 2 ask that the title be read and move for its 3 immediate adoption. And Senator Squadron, I 4 believe, would like to be heard on it. 5 ACTING PRESIDENT O'MARA: The 6 Secretary will read. 7 THE SECRETARY: By Senator 8 Squadron, legislative resolution 9 congratulating Carlos M. Valdez upon the 10 occasion of being named a Boys & Girls Club 11 Youth of the Year. 12 ACTING PRESIDENT O'MARA: Senator 13 Squadron. 14 SENATOR SQUADRON: Thank you, 15 Mr. President. 16 And we have Mr. Valdez here in the 17 chamber with us today. At the time this 18 resolution was written, he was a Boys and 19 Girls Club of America Youth of the Year, one 20 of 35 from around the state. But today he is 21 the statewide Youth of the Year, having, 22 between the writing of the resolution and it 23 coming up on the floor today, having won that 24 honor. And it is certainly well deserved. 25 Carlos Valdez grew up on the Lower

Candyco Transcription Service, Inc. 1 East Side of Manhattan in a public housing 2 development, first born in Alfred E. Smith 3 Houses and has lived for the last 13 years in 4 Baruch Houses, both in the heart of the Lower 5 East Side. 6 He has been committed, he told me 7 this morning, to working for NASA his whole 8 life. Many of us I think as children loved 9 that idea; the difference with Carlos is he 10 continues to and has the talents and the skill 11 to get there. 12 He is currently a senior in high 13 school at Bard High School Early College. And 14 he won't just be graduating from high school 15 this June, he'll be graduating from high 16 school and concurrently getting an associate's 17 degree, heading off to college next year and 18 from there hopefully on to graduate school to 19 become an engineer and, I am certain, to meet 20 his dream of going to work for NASA and 21 becoming an astronaut. 22 You know, Carlos Valdez comes here 23 today along with the 34 others who are being 24 honored by the Boys & Girls Clubs of America, 25 each one of whom stands out in their local

Candyco Transcription Service, Inc. 1 clubhouse. His is the Education Alliance 2 Clubhouse, known as the Edgies Clubhouse, 3 which every year sends a student. And each of 4 the 35 students were incredibly deserving. 5 Carlos wrote a speech about the 6 power of youth and the power of youth to 7 really make a difference. And his background, 8 his commitment and his speech have really made 9 him stand out. He will now be heading on to 10 the Northeast Regionals, from there I'm sure 11 to the nationals, and from there to an 12 extraordinary future. 13 I would say as well that the 14 Educational Alliance Clubhouse now has two of 15 the last three statewide Youths of the Year. 16 And Amarilis Perez from Educational Alliance, 17 who runs the clubhouse, is due enormous credit 18 as well and is also here in the chamber with 19 us. 20 You know, it is hard for so many 21 young people in New York to grow up. Senator 22 Duane just spoke movingly about the history a 23 hundred years ago, and others. The challenge 24 continues to exist for so many. And for so 25 many young people, because of the challenges

Candyco Transcription Service, Inc. 1 they face, it's just too easy to give up. But 2 that's not true for Carlos, it's not true for 3 the other Youths of the Year who are up here, 4 it's not true for the other ones competing 5 nationally. 6 And I think we as a Senate, as a 7 body, should really take that lesson to heart 8 and that message to heart. The work, the 9 commitment, the faith that if he works hard 10 and really gives it his all, he will be 11 successful, is one that should be inspiring to 12 all of us and to youths across the state. 13 I want to just quote here not from 14 the resolution that we're passing in honor of 15 Carlos today, but from his own comments about 16 the Boys & Girls Club Youth of the Year. "The 17 Boys & Girls Club means the world to me," he 18 wrote. "At the clubhouse I have gained a 19 family that supports my dreams and helps me 20 cope with daily challenges I face in my 21 community. They are there at the end of the 22 day to reassure me of my special purpose in 23 this world. It is a place that has taught me 24 that nothing in life is unachievable." 25 Well, Carlos, I want you to know

Candyco Transcription Service, Inc. 1 nothing in life is unachievable if you 2 continue to work, continue to take the great 3 talents that you bring to the challenges that 4 are before you. Congratulations today on 5 behalf of the New York State Senate for an 6 honor well-deserved, and we look forward to 7 watching you continue to go wonderful places, 8 perhaps even all the way to space in the years 9 to come. 10 Congratulations, Carlos, on being 11 New York State Youth of the Year. 12 (Applause.) 13 ACTING PRESIDENT O'MARA: 14 Congratulations, Carlos. Welcome to the 15 Senate today. I hope you enjoy your time with 16 us. And we extend the courtesies of the house 17 to you during your time with us here today. 18 The question is on the resolution. 19 All in favor signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT O'MARA: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT O'MARA: The 25 resolution is adopted.

Candyco Transcription Service, Inc. 1 Senator Marcellino. 2 SENATOR MARCELLINO: Yes, 3 Mr. President. May we please at last, 4 finally, have the reading of the 5 noncontroversial calendar. 6 ACTING PRESIDENT O'MARA: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 15, by Senator LaValle, Senate Print 1456A, an 10 act to amend the Environmental Conservation 11 Law. 12 ACTING PRESIDENT O'MARA: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT O'MARA: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT O'MARA: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 63, by Senator Seward, Senate Print 1685, an 24 act to amend the Penal Law. 25 ACTING PRESIDENT O'MARA: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the first of 4 November. 5 ACTING PRESIDENT O'MARA: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT O'MARA: Senator 9 Seward, to explain his vote. 10 SENATOR SEWARD: Yes, 11 Mr. President, to briefly explain my vote. 12 This bill before us creates a new 13 crime of staging a motor vehicle accident 14 which would be punishable as a felony offense. 15 Staging an accident under this bill is defined 16 as intentionally causing a collision for the 17 purpose of committing insurance fraud. In a 18 staged accident the participants risk their 19 own safety, their target's safety, as well as 20 the safety of the general motoring public. 21 And the bill before us is referred 22 to as Alice's Law. It's named after Alice 23 Ross, who was a 70-year-old grandmother who 24 was killed as a result of a staged accident in 25 the New York City borough of Queens. In fact,

Candyco Transcription Service, Inc. 1 today is the eighth anniversary of the death 2 of Alice Ross. 3 Mrs. Ross was on her way to her 4 daughter's house when she was intentionally 5 struck in the rear of her vehicle by three men 6 who were out searching for an unsuspecting 7 victim. And the impact of this staged 8 accident caused Mrs. Ross's vehicle to leave 9 the highway and crash head-on into a tree, 10 causing her death. 11 And after the accident the three 12 perpetrators, as is the case in these staged 13 accidents, they were taken to a medical center 14 where they feigned an assortment of injuries 15 in order to collect on phony injury claims 16 through the no-fault system. 17 So this bill will not only help to 18 contain no-fault fraud and reduce insurance 19 premiums, but it also will create safety for 20 everyone on our roadways. It is critical that 21 we take steps to crack down on the criminals 22 who perpetrate no-fault fraud and harm 23 innocent people like Alice Ross in the 24 process. 25 Because no-fault fraud is on the

Candyco Transcription Service, Inc. 1 rise across the state, particularly in the 2 New York City area. In fact, it's estimated 3 that one out of every five no-fault claims in 4 the downstate area show evidence of fraud. 5 And overall, no-fault fraud cost New York 6 State residents more than $241 million last 7 year in higher auto insurance premiums. 8 So this bill will help not only to 9 reduce that burden, but also to promote safer 10 traveling on our highways. 11 Mr. President, I vote aye. 12 ACTING PRESIDENT O'MARA: Senator 13 Seward will be recorded in the affirmative. 14 Announce the results. 15 THE SECRETARY: Ayes, 60. Nays, 16 1. Senator Duane recorded in the negative. 17 ACTING PRESIDENT O'MARA: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 101, by Senator McDonald, Senate Print 2152, 21 an act to amend Chapter 542 of the Laws of 22 1997. 23 ACTING PRESIDENT O'MARA: There 24 is a home-rule message at the desk. 25 Read the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT O'MARA: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT O'MARA: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 142, by Senator Stewart-Cousins, Senate Print 11 2373, an act to amend the State Technology 12 Law, the Real Property Law, and the Civil 13 Practice Law and Rules. 14 ACTING PRESIDENT O'MARA: Read 15 the last section. 16 THE SECRETARY: Section 6. This 17 act shall take effect on the 270th day after 18 it shall have become law. 19 ACTING PRESIDENT O'MARA: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT O'MARA: Senator 23 Ritchie wishes to explain her vote. 24 SENATOR RITCHIE: To explain my 25 vote.

Candyco Transcription Service, Inc. 1 I would like to thank Senator 2 Stewart-Cousins for sponsoring this bill. 3 Before being elected to the Senate, I served 4 as the St. Lawrence County Clerk for 11 years. 5 During my tenure I had the privilege to serve 6 as the president of the State Association. 7 And one of my first actions was to create the 8 E-Recording Committee. 9 This bill will help streamline 10 county government and save taxpayers money. I 11 will be voting yes on the bill. 12 ACTING PRESIDENT O'MARA: Senator 13 Ritchie will be recorded in the affirmative. 14 Senator Carlucci wishes to explain 15 his vote. 16 SENATOR CARLUCCI: Yes, Mr. 17 President, to explain my vote. 18 First I want to congratulate and 19 thank Senator Stewart-Cousins for sponsoring 20 this bill. Like Senator Ritchie, I too was a 21 clerk before serving in the Senate. And this 22 bill is extremely important, and it goes a 23 long way in terms of giving our 24 municipalities, giving our clerks another tool 25 in the toolbox to make government for

Candyco Transcription Service, Inc. 1 efficient, to make government more accessible, 2 and I think most importantly to make it more 3 efficient when it comes to spending taxpayer 4 dollars. 5 This is a step in the right 6 direction. And I want to again thank Senator 7 Stewart-Cousins for sponsoring this bill and 8 thank my colleagues for joining me in 9 supporting this bill and voting yes. 10 Mr. President, I'll be voting in 11 the affirmative. Thank you. 12 ACTING PRESIDENT O'MARA: Senator 13 Carlucci will be recorded in the affirmative. 14 Senator Stewart-Cousins to explain 15 her vote. 16 SENATOR STEWART-COUSINS: Thank 17 you, Mr. President. 18 And it was certainly a great 19 pleasure to carry this bill. And I want to 20 congratulate the clerks who are now my 21 colleagues in the Senate, and I think Senator 22 Maziarz certainly as well. 23 But I also wanted to thank my own 24 Westchester County Clerk, Tim Idoni, who 25 worked so hard in making sure that we all

Candyco Transcription Service, Inc. 1 understood what these issues were and are able 2 to pass this bill here. 3 Hopefully we'll get it done in the 4 Assembly and we will, as my colleagues have 5 said, start making it easier not only for 6 these records to be filed but also to save the 7 taxpayers money and to be much more efficient. 8 So I will certainly be voting in 9 the affirmative. 10 ACTING PRESIDENT O'MARA: Senator 11 Stewart-Cousins will be recorded in the 12 affirmative. 13 Announce the results. 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT O'MARA: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 147, by Senator Klein, Senate Print 627, an 19 act to amend the New York State Urban 20 Development Corporation Act. 21 ACTING PRESIDENT O'MARA: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT O'MARA: Call

Candyco Transcription Service, Inc. 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT O'MARA: Senator 4 Klein to explain his vote. 5 SENATOR KLEIN: Thank you, 6 Mr. President. 7 This legislation expands the 8 authority of the Urban Development Corporation 9 and the Empire State Development Corporation 10 to provide loans and loan guarantees and 11 grants to a lot of different organizations 12 like municipalities, businesses, and 13 industrial development agencies. 14 One of the problems that we've seen 15 over the years is the inability of some of our 16 inner-city communities, especially my home 17 borough, the Bronx, to have the proliferation 18 or see the proliferation of farmer's markets. 19 This is a way for our upstate farmers to send 20 their produce down to the city. With the 21 numbers of obesity skyrocketing in our 22 inner-city communities, this is a very 23 important way for young people and all 24 families to have access to fresh fruits and 25 vegetables.

Candyco Transcription Service, Inc. 1 So I vote yes, Mr. President. 2 ACTING PRESIDENT O'MARA: Senator 3 Klein will be recorded in the affirmative. 4 Announce the results. 5 THE SECRETARY: Ayes, 62. 6 ACTING PRESIDENT O'MARA: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 159, by Senator LaValle, Senate Print 2756, an 10 act to authorize the Village of 11 Port Jefferson. 12 ACTING PRESIDENT O'MARA: A home 13 rule message is at the desk. 14 Read the last section. 15 THE SECRETARY: Section 7. This 16 act shall take effect immediately. 17 ACTING PRESIDENT O'MARA: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 62. 21 ACTING PRESIDENT O'MARA: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 201, by Member of the Assembly Sweeney, 25 Assembly Print Number 5664, an act authorizing

Candyco Transcription Service, Inc. 1 the lease of lands located at the State 2 University of New York College at Farmingdale. 3 ACTING PRESIDENT O'MARA: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT O'MARA: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT O'MARA: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 229, by Member of the Assembly Wright, 15 Assembly Print Number 6091, an act to amend 16 the Labor Law. 17 ACTING PRESIDENT O'MARA: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT O'MARA: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT O'MARA: Senator 25 Robach to explain his vote.

Candyco Transcription Service, Inc. 1 SENATOR ROBACH: Yes, 2 Mr. President, just very quickly. 3 Happy to join with Assemblyman 4 Wright on this Governor's program bill that 5 will give us quick legislative action allowing 6 us to access federal funds for unemployment, 7 which obviously is critically important at 8 these times as people are looking for jobs and 9 struggling somewhat in the economy. 10 Happy we're moving forward to allow 11 that to move forward, get those federal funds 12 to give them some relief. And I'm hopeful 13 that both in this budget and as we move 14 forward we will continue to implement policies 15 that will create more private-sector jobs and 16 not have people be so reliant on unemployment. 17 But glad we're taking this very important 18 step. 19 Thank you, Mr. President. 20 ACTING PRESIDENT O'MARA: Senator 21 Robach will be recorded in the affirmative. 22 Announce the results. 23 THE SECRETARY: Ayes, 62. 24 ACTING PRESIDENT O'MARA: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 Senator Marcellino, that completes 2 the noncontroversial reading of the calendar. 3 SENATOR MARCELLINO: Thank you, 4 Mr. President. 5 Is there any further business at 6 the desk? 7 ACTING PRESIDENT O'MARA: There 8 is none. 9 SENATOR MARCELLINO: In that 10 case, Mr. President, I hand up the following 11 committee assignments and ask that such 12 assignments be filed in the Journal. 13 ACTING PRESIDENT O'MARA: They 14 will be filed in the Journal. 15 SENATOR MARCELLINO: Mr. 16 President, there being no further business to 17 come before the Senate this day, I move we 18 adjourn until Wednesday, March 23rd, at 19 11:00 a.m. 20 ACTING PRESIDENT O'MARA: On 21 motion, the Senate stands adjourned until 22 Wednesday, March 23rd -- at 11:00 a.m.? 23 SENATOR MARCELLINO: That's what 24 it says. 25 ACTING PRESIDENT O'MARA: Mine

Candyco Transcription Service, Inc. 1 says 3:00. 2 (Laughter.) 3 SENATOR MARCELLINO: Mr. 4 President, if we could just hold our fire for 5 two seconds. 6 ACTING PRESIDENT O'MARA: Senator 7 Marcellino. 8 SENATOR MARCELLINO: Just to 9 clarify. As I said, there being no further 10 business to come before the Senate, I move we 11 adjourn until Wednesday, March 23rd, at 12 3:00 p.m. 13 (Laughter.) 14 ACTING PRESIDENT O'MARA: I 15 thought that's what you said. 16 On motion, the Senate stands 17 adjourned until Wednesday, March 23rd, at 18 3:00 p.m. 19 (Whereupon, at 4:05 p.m., the 20 Senate adjourned.) 21 22 23 24 25

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