Tuesday, May 3, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 3, 2011 11 3:18 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH E. ROBACH, 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 ROBACH: The 3 Senate will come to order. 4 I ask everyone present to please 5 join me in the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT ROBACH: Our 9 invocation today will be given by Pastor 10 Anthony L. Usher, of the Seventh-Day Adventist 11 Church in Brooklyn, New York. 12 Pastor Anthony. 13 PASTOR USHER: Thank you. Let us 14 pray. 15 Eternal heavenly Father, 16 recognizing that unless the Lord builds the 17 house, they labor in vain that build it, is 18 why once more a group of elected officials 19 pause to pray in the Capitol of the great 20 State of New York. 21 We thank You for the strong 22 leadership they have given to our state. And 23 in the time that they represent their various 24 constituencies, they play their parts 25 exceedingly well.

Candyco Transcription Service, Inc. 1 We seize this opportunity to invoke 2 Your blessing on our beloved President Barack 3 Obama, that he may continue conducting the 4 affairs of national government with wisdom, 5 bravery, and true justice. With mixed 6 feelings, we are grateful that under his able 7 leadership the saga of bin Laden has finally 8 found closure. 9 We pray for our newly elected 10 Governor Andrew Cuomo and rejoice today for 11 our bipartisan balanced budget. 12 We pray for the members of the 13 Congress, that they may truly represent the 14 needs of the people and work in harmony for 15 the advancement of all men, women and 16 children. 17 We pray for the judges that rule 18 the courts of our land, that they may balance 19 justice with mercy, civil law with divine 20 mandate. 21 And last but by no means least, we 22 pray for the Senate assembly that is about to 23 convene. 24 We pray, O heavenly Father, that 25 You will turpentine their imagination with

Candyco Transcription Service, Inc. 1 fresh ideas and new vision for their 2 respective constituencies. And recognizing 3 that You set up kings and remove them, may 4 they always lead ever-conscious of this 5 unmovable truth, that in the days of these 6 kings shall the God of heaven set up His 7 kingdom in which justice will roll down like a 8 mighty stream and righteousness like a mighty 9 river. 10 Then hasten that day when the last 11 day of earth's history will become the first 12 of eternity. Then shall come to pass the 13 saying: One nation under God, under the 14 bloodstained banner of Prince Emmanuel, 15 indivisible, with liberty and justice for all. 16 For we ask this in the name that is 17 above all other names. In the name of Jesus 18 we pray. Amen. 19 ACTING PRESIDENT ROBACH: The 20 reading of the Journal. 21 THE SECRETARY: In Senate, 22 Monday, May 2nd, the Senate met pursuant to 23 adjournment. The Journal of Sunday, May 1st, 24 was read and approved. On motion, Senate 25 adjourned.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT ROBACH: Without 2 objection, the Journal stands approved as 3 read. 4 Presentation of petitions. 5 Messages from the Assembly. 6 The Secretary will read. 7 THE SECRETARY: On page 25, 8 Senator Grisanti moves to discharge, from the 9 Committee on Environmental Conservation, 10 Assembly Bill Number 668 and substitute it for 11 the identical Senate Bill Number 3888, Third 12 Reading Calendar 345. 13 ACTING PRESIDENT ROBACH: 14 Substitution ordered. 15 Messages from the Governor. 16 Reports of standing committees. 17 Reports of select committees. 18 Communications and reports from 19 state officers. 20 Motions and resolutions. 21 Senator Libous. 22 SENATOR LIBOUS: Thank you, 23 Mr. President. 24 On behalf of Senator Seward, on 25 page 21 I offer the following amendments to

Candyco Transcription Service, Inc. 1 Calendar Number 269, Senate Print 2382, and 2 ask that said bill retain its place on the 3 Third Reading Calendar. 4 ACTING PRESIDENT ROBACH: The 5 amendments are received and adopted, and the 6 bill will retain its place on the Third 7 Reading Calendar. 8 SENATOR LIBOUS: Mr. President, 9 on behalf of Senator Libous, on page 27 I 10 offer the following amendments to Calendar 11 Number 367, Senate Print 3964A, and ask that 12 said bill retain its place on the Third 13 Reading Calendar. 14 ACTING PRESIDENT ROBACH: The 15 amendments are received and adopted, and the 16 bill will retain its place on the Third 17 Reading Calendar. 18 Senator Libous. 19 SENATOR LIBOUS: Mr. President, I 20 believe we will adopt the Resolution Calendar 21 at this time, with the exception of Resolution 22 Numbers 1423, 1437, 1438, 1536, 1537, 1550, 23 and 1523. 24 ACTING PRESIDENT ROBACH: All in 25 favor of adopting the Resolution Calendar,

Candyco Transcription Service, Inc. 1 with the exceptions noted, signify by saying 2 aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT ROBACH: All 5 those opposed, nay. 6 (No response.) 7 ACTING PRESIDENT ROBACH: The 8 Resolution Calendar is adopted. 9 Senator Libous. 10 SENATOR LIBOUS: Mr. President, I 11 believe that Senator Martins has a resolution 12 at the desk. May we have it read in its 13 entirety and move for its immediate adoption. 14 ACTING PRESIDENT ROBACH: The 15 Secretary will read. 16 THE SECRETARY: Legislative 17 Resolution Number 1516, by Senator Martins, 18 congratulating Elmont Memorial High School 19 pitcher Danny Aguilo upon making Long Island 20 baseball history by pitching a no-hitter and 21 striking out 21 batters. 22 "WHEREAS, Athletic competition 23 enhances the moral and physical development of 24 the young people of this state, preparing them 25 for the future by instilling in them the value

Candyco Transcription Service, Inc. 1 of teamwork, encouraging a standard of healthy 2 living, imparting a desire for success, and 3 developing a sense of fair play and 4 competition; and 5 "WHEREAS, It is the sense of this 6 Legislative Body to recognize and pay tribute 7 to those young people within the State of 8 New York who, by achieving outstanding success 9 in athletic competition, have inspired and 10 brought pride to their school and community; 11 and 12 "WHEREAS, This Legislative Body is 13 justly proud to congratulate Elmont Memorial 14 High School pitcher Danny Aguilo upon making 15 Long Island baseball history by pitching a 16 no-hitter and striking out 21 batters; and 17 "WHEREAS, Using an overpowering 18 fastball and effective off-speed pitch, 19 sophomore Danny Aguilo struck out 21 batters 20 as Elmont Memorial defeated Hempstead 21-0 in 21 a seven-inning baseball game on April 20, 22 2011. With this exceptional performance, he 23 ties the state record for a seven-inning game 24 and did not allow a ball to be hit into play; 25 and

Candyco Transcription Service, Inc. 1 "WHEREAS, Only a walk in the fifth 2 and seventh inning kept Danny Aguilo from true 3 perfection. Also a talented defensive 4 shortstop, he never had struck out more than 5 13 batters previously in his career; and 6 "WHEREAS, Danny Aguilo's overall 7 record is outstanding. He was loyally and 8 enthusiastically supported by family, fans, 9 friends and the community at large; and 10 "WHEREAS, Sports competition 11 instills the values of teamwork, pride and 12 accomplishment, and Danny Aguilo has clearly 13 made a contribution to the spirit of 14 excellence which is a tradition of his school; 15 now, therefore, be it 16 "RESOLVED, That this Legislative 17 Body pause in its deliberations to 18 congratulate Elmont Memorial High School 19 pitcher Danny Aguilo upon making Long Island 20 baseball history by pitching a no-hitter and 21 striking out 21 batters; and be it further 22 "RESOLVED, That a copy of this 23 resolution, suitably engrossed, be transmitted 24 to Danny Aguilo." 25 ACTING PRESIDENT ROBACH: If we

Candyco Transcription Service, Inc. 1 could just get a little order in the chamber, 2 please. 3 Senator Martins on the resolution. 4 SENATOR MARTINS: Thank you, 5 Mr. President. 6 You know, I am honored to stand 7 here with you today to recognize two young 8 men, two young men who each pitched a 9 no-hitter, back to back. I'll talk about 10 Danny Aguilo first. 11 Danny's here with us today. He's a 12 sophomore at Elmont Memorial High School. In 13 a seven-inning game, he struck out 21 batters. 14 Let's think about that for a second. It's not 15 only a Long Island record, it's a New York 16 State record, it's a U.S. record. Not a 17 single ball was placed in play. All 21 18 batters were struck out. Two walks. For a 19 sophomore in high school, an incredible 20 achievement. And I thank him for being here 21 to allow us to recognize him. 22 Also with us today are Danny's 23 parents, Hector and Iris, who are with us here 24 in the gallery. Thank you so much for joining 25 with us today and allowing us the opportunity

Candyco Transcription Service, Inc. 1 to recognize this truly historic and singular 2 event. 3 I don't believe that there's an 4 achievement in sport that can rival 21 5 strike-outs. And the statistical 6 probabilities of getting 21 strike-outs in a 7 seven-inning game are so astronomical that it 8 is that important that we take moment from our 9 deliberations to recognize Danny and to wish 10 you a wonderful, wonderful career ahead of us. 11 In addition to his athletic 12 achievement, he is also a gifted academic, not 13 only excelling academically in high school but 14 also as a community leader and a leader in the 15 high school. And for that, we salute you and 16 we salute your parents. Thank you. 17 Coincidentally, and only 18 coincidentally, the very next day after we had 19 a no-hitter and 21 batters were struck out, 20 Elmont High School Spartans, in their pitcher 21 Enrique Sanchez, who's also with us today, 22 pitched another no-hitter. 23 So we had back-to-back no-hitters. 24 And although we didn't strike out 21 batters 25 on that second night, we struck out 13

Candyco Transcription Service, Inc. 1 batters. But again, an incredible 2 achievement. 3 And I want to take the opportunity 4 to recognize both of these fine young men, 5 both of these community leaders for that 6 achievement, and recognize Elmont High School 7 once again, its principal, John Capozzi, and 8 the entire Elmont community for this wonderful 9 achievement. 10 With us also today is our Team 11 Captain Tommy Caraballo, who joins us. He's 12 the spirit of the team. And for my 13 colleagues, I'd ask you to join me also in 14 recognizing, purely by coincidence, it's 15 Tommy's birthday today. Tommy, happy birthday 16 to you. 17 To the entire Elmont community, 18 congratulations on a spectacular two days of 19 baseball on Long Island. And to Danny's 20 parents, thanks for being here with us today. 21 Thank you, Mr. President. 22 ACTING PRESIDENT ROBACH: On 23 behalf of Senator Martins and all of us, 24 congratulations, Danny, Tommy, Enrique, on 25 your great accomplishment. And we welcome you

Candyco Transcription Service, Inc. 1 and extend to you all the courtesies of the 2 floor, and to your families as well. 3 Let's give these fine young men a 4 nice round of applause. 5 (Applause.) 6 ACTING PRESIDENT ROBACH: Though 7 this may be a little pro forma, the motion is 8 on the resolution. All those in favor signify 9 by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT ROBACH: Any 12 opposed, nay. 13 (No response.) 14 ACTING PRESIDENT ROBACH: The 15 resolution is adopted. 16 Again, congratulations. 17 Senator Libous. 18 SENATOR LIBOUS: Mr. President, 19 there's another privileged resolution at the 20 desk by Senator Martins. 21 ACTING PRESIDENT ROBACH: The 22 Secretary will read. 23 THE SECRETARY: Legislative 24 Resolution Number 1544, by Senator Martins, 25 congratulating Elmont Memorial High School

Candyco Transcription Service, Inc. 1 pitcher Enrique Sanchez for pitching his first 2 career no-hitter and striking out 11 batters. 3 "WHEREAS, Athletic competition 4 enhances the moral and physical development of 5 the young people of this state, preparing them 6 for the future by instilling in them the value 7 of teamwork, encouraging a standard of healthy 8 living, imparting a desire for success, and 9 developing a sense of fair play and 10 competition; and 11 "WHEREAS, It is the sense of this 12 Legislative Body to recognize and pay tribute 13 to those young people within the State of 14 New York who, by achieving outstanding success 15 in athletic competition, have inspired and 16 brought pride to their school and community; 17 and 18 "WHEREAS, This Legislative Body is 19 justly proud to congratulate Elmont Memorial 20 High School pitcher Enrique Sanchez for 21 pitching his first career no-hitter, striking 22 out 11 batters; and 23 "WHEREAS, On the day after his 24 teammate Danny Aguilo made state history by 25 pitching a no-hitter against Hempstead,

Candyco Transcription Service, Inc. 1 Enrique Sanchez followed suit with an 2 outstanding no-hit pitching performance, 3 defeating Hempstead 14-0; and 4 "WHEREAS, A junior, Enrique Sanchez 5 pitched the full seven innings by striking out 6 11 batters in his shutout victory; and 7 "WHEREAS, Enrique Sanchez's overall 8 record is outstanding. He was loyally and 9 enthusiastically supported by family, fans, 10 friends and the community at large; and 11 "WHEREAS, Sports competition 12 instills the values of teamwork, pride and 13 accomplishment, and Enrique Sanchez has 14 clearly made a contribution to the spirit of 15 excellence which is a tradition of his school; 16 now, therefore, be it 17 "RESOLVED, That this Legislative 18 Body pause in its deliberations to 19 congratulate Elmont Memorial High School 20 pitcher Enrique Sanchez for pitching his first 21 career no-hitter, striking out 11 batters; and 22 be it further 23 "RESOLVED, That a copy of this 24 resolution, suitably engrossed, be transmitted 25 to Enrique Sanchez."

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT ROBACH: The 2 question is on the resolution. All those in 3 favor signify by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT ROBACH: Those 6 opposed, nay. 7 (No response.) 8 ACTING PRESIDENT ROBACH: The 9 resolution is adopted. 10 Senator Libous. 11 SENATOR LIBOUS: Mr. President, I 12 believe Senator Rivera has a resolution, 13 Number 1523, at the desk. If we could have 14 its title read and call on Senator Rivera. 15 ACTING PRESIDENT ROBACH: The 16 Secretary will read. 17 THE SECRETARY: Legislative 18 Resolution Number 1523, by Senator Rivera, 19 congratulating the Monroe College Women's 20 Basketball Team and Coach Seth Goodman upon 21 the occasion of capturing the 2011 NJCAA 22 Division II National Championship. 23 ACTING PRESIDENT ROBACH: Senator 24 Rivera. 25 SENATOR RIVERA: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 I stand today as this definitely 3 has been the basketball week, so I figure that 4 we must continue on that. And today I stand 5 to congratulate the Lady Mustangs and their 6 coach, Seth Goodman, for their national 7 championship victory in the NJCAA Division II 8 Championship. 9 And I wanted to point out that like 10 in the rest of the state -- certainly in 11 Senator Nozzolio's district, as he was 12 celebrating the victory of a local team -- 13 there are champions everywhere. There's 14 champions in Senator Nozzolio's district, 15 there are champions in the Bronx, there are 16 semi-champions in Senator Libous's district -- 17 and he didn't hear it, but I'm still going to 18 say it. 19 This team, they finished with a 20 season record of 29-5. They have -- I want to 21 definitely praise their success as college 22 athletes, their hard work and determination. 23 And for the record, the players 24 that won: April Williams, Bianca Lewis, 25 Ramona Miles, Rahquana Dickerson, Simone

Candyco Transcription Service, Inc. 1 Victor, Victoria Story, Ja'taeilah Forde, 2 Samantha Gilman, Alisha Steele, Kristal 3 Edwards, Quamisha Lyles, Alexis Paige 4 Sprewell, Jasmine Strong, Jessica Previlon, 5 and Shanee Williams. I read their names into 6 the record since they could not join us this 7 afternoon. 8 This is, again, the team from 9 Monroe College, which was founded in 1933 in 10 the Bronx. And it is only one of two colleges 11 in any division at any level that have had 12 both their men's and their women's basketball 13 teams in the Final Four. 14 So I extend my congratulations to 15 the men's team, which much like Senator 16 Libous's -- the team in Senator Libous's 17 district, the men's team, they came in third. 18 The women's team came in first. So I'll just 19 say the women's team is like Senator 20 Nozzolio's team, and the men's team is kind of 21 like the folks that came from your district. 22 But again, I stand to both honor 23 their hard work and determination and their 24 success, and hopefully we will have many more 25 championships coming to the Bronx from this

Candyco Transcription Service, Inc. 1 great team. 2 Thank you, Mr. President. 3 ACTING PRESIDENT ROBACH: Thank 4 you, Senator Rivera. 5 Are there any other Senators 6 wishing to be heard? 7 If none, the question is on the 8 resolution. All in favor signify by saying 9 aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT ROBACH: Any 12 opposed? 13 (No response.) 14 ACTING PRESIDENT ROBACH: The 15 resolution is adopted. 16 Senator Libous. 17 SENATOR LIBOUS: Mr. President, I 18 believe we have a resolution at the desk, 19 1423, by Senator Hannon. Could we please have 20 the title read and move for its immediate 21 adoption. 22 ACTING PRESIDENT ROBACH: The 23 Secretary will read. 24 THE SECRETARY: Legislative 25 Resolution Number 1423, by Senator Hannon,

Candyco Transcription Service, Inc. 1 congratulating the Garden City Girls' Winter 2 Track Team upon the occasion of their 3 outstanding 2010-2011 season. 4 ACTING PRESIDENT ROBACH: On the 5 resolution, all those in favor signify by 6 saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT ROBACH: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT ROBACH: The 12 resolution is adopted. 13 Senator Libous. 14 SENATOR LIBOUS: Thank you, 15 Mr. President. 16 I believe that Resolution 1437, by 17 Senator Peralta, is at the desk. Could we 18 have the title read and I believe call on 19 Senator Peralta. 20 ACTING PRESIDENT GRIFFO: The 21 Secretary will read. 22 THE SECRETARY: Legislative 23 Resolution Number 1437, by Senator Peralta, 24 commemorating the celebration of Cinco de 25 Mayo, May 5, 2011.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT GRIFFO: Senator 2 Peralta. 3 SENATOR PERALTA: Thank you, 4 Mr. President. 5 Cinco de Mayo, in commemoration of 6 the Battle of Puebla, transcends the victory 7 of the greatly outnumbered Mexican army over 8 the French forces. Cinco de Mayo has evolved 9 into an American celebration of Mexican and 10 Hispanic culture and heritage in this country. 11 Cinco de Mayo is about the spirit 12 and determination of our Mexican and Chicano 13 brethren, about unity and patriotism, about 14 strength and will and perseverance. It is a 15 celebration of liberty and freedom and of the 16 long-standing friendship between the United 17 States and Mexico. 18 From the arts and culture to 19 politics and the economy, Mexico and 20 Mexican-Americans have made indelible 21 contributions. Mexican heritage and folklore 22 are intertwined in American fabric and 23 Mexican-American experience. In every borough 24 and every county of our great state, 25 Mexican-Americans enrich our communities. In

Candyco Transcription Service, Inc. 1 celebrating Cinco de Mayo, we recognize the 2 myriad contributions and strengthen the 3 innumerable ties that bind us. 4 Today let's remember that the 5 United States and Mexico are not simply 6 neighbors bound by geography and history, 7 we're two societies that are woven together by 8 millions of families and friends, by common 9 interests and a shared future. And although 10 today is el tercero de Mayo, or the third of 11 May, I want to wish everyone a happy Cinco de 12 Mayo. 13 So thank you very much, 14 Mr. President. 15 ACTING PRESIDENT GRIFFO: Thank 16 you, Senator Peralta. 17 The question is on the resolution. 18 All in favor signify by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT GRIFFO: 21 Opposed? 22 (No response.) 23 ACTING PRESIDENT GRIFFO: The 24 resolution is adopted. 25 Senator Libous.

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: Mr. President, I 2 believe that Senator Peralta has another 3 resolution at the desk. May we have the title 4 read and move for its immediate adoption. 5 ACTING PRESIDENT GRIFFO: The 6 Secretary will read. 7 THE SECRETARY: Legislative 8 Resolution Number 1438, by Senator Peralta, 9 commemorating the 200th Anniversary of the 10 Independence of the Republic of Paraguay. 11 ACTING PRESIDENT GRIFFO: The 12 question is on the resolution. All in favor 13 signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT GRIFFO: 16 Opposed? 17 (No response.) 18 ACTING PRESIDENT GRIFFO: The 19 resolution is adopted. 20 Senator Libous. 21 SENATOR LIBOUS: Mr. President, I 22 believe that there's a resolution at the desk 23 by Senator Perkins, Number 1536. May we 24 please have the title read and call on Senator 25 Perkins.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT GRIFFO: The 2 Secretary will read. 3 THE SECRETARY: Legislative 4 Resolution Number 1536, by Senator Perkins, 5 mourning the death of Grete Waitz, an 6 outstanding athlete and marathon icon, and 7 recognizing the significance of her life 8 accomplishments. 9 ACTING PRESIDENT GRIFFO: Senator 10 Perkins. 11 SENATOR PERKINS: Thank you very 12 much. I just want to briefly make some 13 remarks. 14 Grete Waitz was an exceptional 15 athlete and marathon icon who distinguished 16 herself through her outstanding achievements 17 in worldwide athletic competitions. Some of 18 you may know that I have occasionally run 19 marathons myself, and she was someone that was 20 very influential with me in terms of the 21 efforts that I've made to do that. 22 She continually excelled in her 23 sport throughout her career. At the age of 24 17, she won the national junior titles in 25 Norway for 400 and 800-meter races. She set

Candyco Transcription Service, Inc. 1 the European junior record for the 1500-meters 2 race with a time of 4:17. She won a Bronze 3 Medal at the European Championship in 1974. 4 She set a new record in '75 in the 3000-meters 5 race in Oslo, Norway, with a time of 8:46:6, 6 eight hours, 46 minutes, 6 seconds. She won a 7 Gold Medal in 1977 for the 3000-meters race at 8 the IAAF World Cup in Dusseldorf, Germany. 9 She began running in the New York City 10 marathon in 1978, when she went on to win nine 11 races. I started in 1979. 12 Grete is widely acknowledged for 13 helping to promote marathon and long-distance 14 running for women. In Norway, she is a 15 sporting legend, having an annual race named 16 in her honor. And the New York Road Runners 17 Club annually sponsors "Grete's Great Gallop," 18 a half-marathon dedicated in her honor. 19 After being diagnosed with cancer 20 in 2005, Grete established the cancer care 21 foundation called "Active Against Cancer" in 22 2007. 23 Grete Waitz leaves behind a legacy 24 which will long endure the passage of time and 25 will remain as a comforting memory to all who

Candyco Transcription Service, Inc. 1 knew her or have been affected by her work. 2 She was one that I believe single-handedly 3 opened up long-distance running, especially 4 marathon running, for women not only in this 5 state but throughout the world. She has 6 recently passed, but she has left behind a 7 great, great legacy, a great tribute not just 8 to the sport but to the role that women can 9 play as athletes and what you can give back to 10 the community. 11 Thank you very much. 12 ACTING PRESIDENT GRIFFO: The 13 question is on the resolution. All in favor 14 signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT GRIFFO: 17 Opposed? 18 (No response.) 19 ACTING PRESIDENT GRIFFO: The 20 resolution is adopted. 21 Senator Libous. 22 SENATOR LIBOUS: Thank you, 23 Mr. President. 24 Mr. President, I believe that there 25 is another resolution at the desk by Senator

Candyco Transcription Service, Inc. 1 Perkins. And if we could read it in its 2 entirety and then call on Senator Perkins. 3 ACTING PRESIDENT GRIFFO: The 4 Secretary will read. 5 THE SECRETARY: Legislative 6 Resolution Number 1537, by Senator Perkins, 7 commemorating the 112th birthday of Edward 8 Kennedy "Duke" Ellington and his tremendous 9 contributions to music of the 20th century, 10 specifically jazz, blues and gospel. 11 "WHEREAS, It is the sense of this 12 Legislative Body to recognize and commend 13 those musical geniuses who brought 14 entertainment and cultural enrichment to the 15 citizens of the great Empire State; and 16 "WHEREAS, Edward Kennedy Ellington 17 was born on April 29, 1899, to James Edward 18 Ellington and Daisy Kennedy Ellington. Daisy 19 and James Edward were both pianists; and 20 "WHEREAS, At the age of seven, 21 Edward Kennedy Ellington began taking piano 22 lessons. His mother surrounded him with 23 dignified women to reinforce his manners and 24 taught him to live elegantly; and 25 "WHEREAS, Edward Kennedy

Candyco Transcription Service, Inc. 1 Ellington's childhood friends noticed that 2 'his casual, offhand manner, easy grace, and 3 his dapper dress gave him the bearing of a 4 young nobleman.' They began calling him 5 'Duke.' Duke credited his 'chum' Edgar 6 McEntree for the nickname; and 7 "WHEREAS, Duke Ellington once 8 stated, 'I think he felt that in order for me 9 to be eligible for his constant companionship, 10 I should have a title. So he called me Duke'; 11 and 12 "WHEREAS, A prominent figure in the 13 history of jazz, Duke Ellington's music 14 stretched into various other genres, including 15 blues, gospel, film scores, popular, and 16 classical. His career spanned more than 17 50 years and included leading his orchestra, 18 composing an inexhaustible songbook, attaining 19 credits for movies, and composing stage 20 musicals and world tours; and 21 "WHEREAS, Duke Ellington's work has 22 come to be recognized as a cornerstone of 23 American culture and heritage. He is widely 24 regarded as the most important composer in 25 jazz, and was also a galvanizing bandleader

Candyco Transcription Service, Inc. 1 who inspired many of his musicians to produce 2 their best work, whilst himself being a 3 significant exponent of jazz piano; and 4 "WHEREAS, When asked what inspired 5 him to write, Duke Ellington had replied, 'My 6 men and my race are the inspiration of my 7 work. I try to catch the character and mood 8 and feeling of my people'; and 9 "WHEREAS, Thanks to his inventive 10 use of the orchestra, or big band, and thanks 11 to his eloquence and extraordinary charisma, 12 Duke Ellington is generally considered to have 13 elevated the perception of jazz to an art form 14 on a par with other traditional genres of 15 music; and 16 "WHEREAS, Duke Ellington influenced 17 millions of people both at home and around the 18 world. He gave American music its own sound 19 for the first time. Throughout his 50-year 20 career, he played over 20,000 performances in 21 Europe, Latin America, the Middle East as well 22 as Asia; and 23 "WHEREAS, Duke Ellington was 24 awarded the Grammy Lifetime Achievement Award 25 in 1966. He was later awarded several other

Candyco Transcription Service, Inc. 1 prizes, the U.S. Presidential Medal of Freedom 2 in 1969, and the Legion of Honor by France in 3 1973, the highest civilian honors in each 4 country; and 5 "WHEREAS, Duke Ellington died on 6 May 24, 1974, a month after his 75th birthday, 7 and is buried in the Bronx, New York City. At 8 his funeral, attended by over 12,000 people at 9 the Cathedral of St. John the Divine, located 10 in Harlem, New York, Ella Fitzgerald summed up 11 the occasion by stating, It's a very sad 12 day ... A genius has passed'; and 13 "WHEREAS, Formerly named 'Frawley 14 Circle,' the traffic circle located at 15 5th Avenue and 110th Street in Harlem, 16 New York, was renamed 'Duke Ellington Circle' 17 in 1995. In 1997, a 25-foot tall statue by 18 sculptor Robert Graham of Duke Ellington was 19 erected in the middle of the amphitheater 20 composing the circle; and 21 "WHEREAS, In 1986, a dramatic 22 stamp-image portrayal of the beloved American 23 composer and bandleader Duke Ellington was 24 designed by Texas-born artist James Sharpe, 25 and its April 1986 release not only

Candyco Transcription Service, Inc. 1 represented the first U.S. Postal Service 2 issue of a jazz-themed image, but the 3 introduction of its design also served as only 4 the second U.S. stamp-image to feature an 5 African-American from the field of musical 6 arts; and 7 "WHEREAS, In 2008, the honor was 8 bestowed on Duke Ellington once again with the 9 issuance of another U.S. postage stamp titled 10 'Black Cinema USA 42' for his film 'Black and 11 Tan'; and 12 "WHEREAS, On February 24, 2009, the 13 United States Mint launched a new coin 14 featuring Duke Ellington, making him the first 15 African-American to appear alone on a 16 circulating United States coin; now, 17 therefore, be it 18 "RESOLVED, That this Legislative 19 Body pause in its deliberations to commemorate 20 the 112th birthday of Edward Kennedy 'Duke' 21 Ellington, a legendary musician and one of the 22 most influential African-Americans in the 23 history of this state, this country, and the 24 world; and be it further 25 "RESOLVED, That a copy of this

Candyco Transcription Service, Inc. 1 resolution, suitably engrossed, be transmitted 2 to the family of Edward Kennedy 'Duke' 3 Ellington." 4 ACTING PRESIDENT GRIFFO: Senator 5 Perkins. 6 SENATOR PERKINS: Thank you 7 again, Mr. President. I'll be brief. 8 I just wanted to, from a very 9 personal family point of view, recognize how 10 pervasive Duke Ellington's presence was in our 11 home and in our community. And when we think 12 of jazz, we cannot but think of Duke 13 Ellington. He is a legendary musician and one 14 of the most influential African-Americans in 15 the history this state, this country and the 16 world. 17 And I would invite all my 18 colleagues to please join me in signing onto 19 supporting the resolution. Thank you. 20 ACTING PRESIDENT GRIFFO: The 21 question is on the resolution. All in favor 22 signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT GRIFFO: 25 Opposed?

Candyco Transcription Service, Inc. 1 (No response.) 2 ACTING PRESIDENT GRIFFO: The 3 resolution is adopted. 4 Senator Libous. 5 SENATOR LIBOUS: Mr. President, I 6 believe that Senator Larkin has Resolution 7 Number 1550 at the desk. Could we have its 8 title read and ask Senator Larkin for 9 comments. 10 ACTING PRESIDENT GRIFFO: The 11 Secretary will read. 12 THE SECRETARY: Legislative 13 Resolution Number 1550, by Senator Larkin, 14 expressing appreciation to the U.S. Postal 15 Service upon the occasion of its announcement 16 of the classification of the Purple Heart 17 postage stamp as a Forever Stamp. 18 ACTING PRESIDENT GRIFFO: Senator 19 Larkin. 20 SENATOR LARKIN: Thank you, 21 Mr. President. 22 You know, I stand here with a lot 23 of pride today and a heartfelt thanks to a lot 24 of people across America and across this 25 planet.

Candyco Transcription Service, Inc. 1 In January 2000 I asked about 2 25 people to join me at the Orange County 3 legislature, and our purpose was to discuss a 4 team to put together of how do we go about 5 getting a stamp to honor the American men and 6 women who have been wounded or killed in 7 combat. 8 In January 2000, ladies and 9 gentlemen, we weren't at war. A lot of people 10 wanted everything to settle down. I had a few 11 people say, Forget it, you know, my father is 12 dead and my brother is sick and this here. 13 But we decided that this was the appropriate 14 time. 15 The Postal Department told us that 16 we could wait for you-know-who to freeze over, 17 Michael. And what happened? We started a 18 campaign. 19 The United States Military 20 Academy -- we had the cadets up here last 21 week -- in the first month, January through 22 February, West Point produced 2500 letters in 23 support of it. The Postal Service doesn't 24 take petitions, so consequently you couldn't 25 have it done in a quick way of saying how many

Candyco Transcription Service, Inc. 1 people supported a Purple Heart stamp. 2 We worked feverishly to get this 3 stamp approved. And before I go any further, 4 I want to especially mention one person who 5 worked harder than most people you'd ever 6 imagine. 7 In February 2001, after being 8 elected to the United States Senate, Senator 9 Hillary Clinton came to Orange County to a 10 meeting we had. She saw everybody wearing the 11 badge that said "Purple Heart Stamp," "Purple 12 Heart Stamp." She grabbed me and she said, 13 "What is this all about?" I told her, and she 14 said to her aide, "Find us a room." We 15 briefed her on where we were at, what was our 16 goal, how were we going to get it. 17 I'm gonna tell you, at 3 o'clock 18 that afternoon I had a call from the Postal 19 Department that said "Did you know that 20 Senator Clinton, former First Lady, is now a 21 member of your task force?" I said "Yes, and 22 I'm very proud." 23 She did a lot of work. She didn't 24 like her name in the paper about it all the 25 time, but she did it.

Candyco Transcription Service, Inc. 1 But this was something that you 2 were thinking about if you've ever been in 3 combat and you saw somebody killed or wounded. 4 I've experienced that. And you experience it 5 writing to the families to tell them about it. 6 As of the first of April, we have 7 1.9 million Americans since the start of 8 World War II that are recipients of the Purple 9 Heart for being wounded or killed in combat. 10 This is [noise from door] -- I'm 11 going to shut that in a minute and make 12 somebody really pissed off. 13 This is a serious matter. Eleven 14 and a half years it took us to convince the 15 Postal Department to honor men and women of 16 our armed forces who shed blood for this great 17 country of ours. And now, ten days ago, the 18 Postal Department called, and it was like a 19 quarter to 10 at night. And I said to my 20 wife, "That's some joke somebody's playing." 21 She said, "It's Mr. McDonald." 22 So I picked it up, and he said: 23 "Lark, I've got good news and bad news for 24 you. The good news is the vote today was 25 unanimous for the Purple Heart to be a Forever

Candyco Transcription Service, Inc. 1 Stamp. The bad news is you can't do it until 2 after the fifth of May." 3 The fifth of May is two days from 4 now. And on an aircraft carrier out in 5 San Diego, they will open up the stamp in 6 honor of Lieutenant Murphy, from Long Island, 7 who just received last year the Congressional 8 Medal of Honor. 9 So I thank everybody. There's a 10 lot of people, I don't want to miss names, but 11 there was a lot of people here that helped us, 12 both sides of the aisle, because they knew it 13 was the right thing to do. But in a couple of 14 days you'll be able to go downstairs to the 15 post office and get those stamps. There'll 16 also be a special medal for you to wear. 17 But most important, by the purchase 18 of this stamp or the medal, you will be saying 19 to America and its armed services, dead and 20 alive: Thank you for your commitment to our 21 country. 22 May God bless America. 23 ACTING PRESIDENT GRIFFO: Thank 24 you, Senator Larkin, for your efforts and your 25 leadership.

Candyco Transcription Service, Inc. 1 The question is on the resolution. 2 All in favor signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT GRIFFO: 5 Opposed? 6 (No response.) 7 ACTING PRESIDENT GRIFFO: The 8 resolution is adopted. 9 Senator Libous. 10 SENATOR LIBOUS: Mr. President, 11 there's a privileged resolution at the desk by 12 Senator Adams. Could we have the title read 13 and move for its immediate adoption. 14 ACTING PRESIDENT GRIFFO: The 15 Secretary will read. 16 THE SECRETARY: Legislative 17 resolution by Senator Adams, honoring the 18 Business Outreach Center Network upon the 19 occasion of its 2011 Celebrating 20 Entrepreneurship Luncheon commemorating 21 15 years of helping low and moderate income 22 entrepreneurs. 23 ACTING PRESIDENT GRIFFO: The 24 question is on the resolution. All in favor 25 signify by saying aye.

Candyco Transcription Service, Inc. 1 (Response of "Aye.") 2 ACTING PRESIDENT GRIFFO: 3 Opposed? 4 (No response.) 5 ACTING PRESIDENT GRIFFO: The 6 resolution is adopted. 7 Senator Libous. 8 SENATOR LIBOUS: Mr. President, 9 could we now take up the reading of the 10 noncontroversial calendar. 11 ACTING PRESIDENT GRIFFO: The 12 Secretary will read. 13 THE SECRETARY: Calendar Number 14 8, by Senator Golden, Senate Print 638, an act 15 to amend the Real Property Tax Law. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 60. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 20, by Senator Fuschillo, Senate Print 526A, 3 an act to amend the Vehicle and Traffic Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect one year after it shall 8 have become law. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 22, by Senator Fuschillo, Senate Print 600A, 17 an act to amend the Vehicle and Traffic Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the first of 22 November. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 27, by Senator Johnson, Senate Print 1208, an 6 act to amend the Vehicle and Traffic Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first of 11 November. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. Nays, 16 1. Senator Duane recorded in the negative. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 50, by Senator Marcellino, Senate Print 939, 21 an act to amend the Vehicle and Traffic Law. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect on the first of

Candyco Transcription Service, Inc. 1 November. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. Nays, 6 1. Senator Parker recorded in the negative. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 117, by Senator Young, Senate Print 767, an 11 act to amend the Labor Law. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 4. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 54. Nays, 20 6. Senators Avella, Duane, Montgomery, 21 Peralta, Rivera and Savino recorded in the 22 negative. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 129, by Senator Marcellino, Senate Print 998B, 2 an act to amend the Vehicle and Traffic Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 7. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT GRIFFO: Senator 11 Marcellino to explain his vote. 12 SENATOR MARCELLINO: Thank you, 13 Mr. President. I rise to explain my vote on 14 this bill. 15 This is an important -- 16 ACTING PRESIDENT GRIFFO: Senator 17 Marcellino, one second, please. 18 Can we have some order in the 19 chamber, please. Thank you. 20 Senator Marcellino. 21 SENATOR MARCELLINO: Thank you, 22 Mr. President. 23 The bill that we are passing today 24 making texting while driving a primary offense 25 would seem to be a no-brainer, but in fact it

Candyco Transcription Service, Inc. 1 is not. Too many people are dying, too many 2 people are being maimed or injured on our 3 roads, nationwide and in our state. 4 Everyone can speak to an occasion 5 where they know of someone who was either 6 injured or hurt by someone who was texting 7 while driving or talking on a cellphone while 8 driving. These are dangerous things and 9 should not be done. 10 This law will make it easier for 11 law enforcement to enforce existing law and to 12 save lives. That is the motivation of this 13 bill, that is its primary function, to save 14 lives. 15 The lives we save with this bill 16 are primarily young people under the age of 20 17 who are engaging in the activity of texting, 18 which has become a phenomenon of recent years 19 and did not exist, frankly, when we did the 20 cellphone ban. So we're bringing our laws up 21 to meet with technology and hopefully we will, 22 in so doing, save as many lives as possible, 23 to bring the word forward. 24 We've got a same-as sponsor in the 25 Assembly, Harvey Weisenberg. Assemblyman

Candyco Transcription Service, Inc. 1 Weisenberg is carrying it in the Assembly. He 2 tells me he can pass it over there. We are 3 looking forward to the Governor signing this 4 bill into law and the saving of many, many 5 lives of our constituents and our residents in 6 this great State of New York. 7 Thank you and God bless, and I 8 thank my colleagues for supporting this 9 legislation. 10 ACTING PRESIDENT GRIFFO: Senator 11 Marcellino to be recorded in the affirmative. 12 Senator Fuschillo. 13 SENATOR FUSCHILLO: Thank you 14 very much, Mr. President. 15 I want to compliment my colleague 16 Senator Marcellino for this, and for his 17 leadership in banning the use of cellphones in 18 cars. This is just another measure to protect 19 individuals. 20 Every single day when we drive on 21 our roads, especially my colleagues here in 22 the Senate, when we drive home, whether any 23 particular part of the state, when we see a 24 car in the left lane all of a sudden going 25 down to 50 miles an hour or 45 miles an hour,

Candyco Transcription Service, Inc. 1 we know that they've picked up a cellphone or 2 they're texting. 3 The federal government has ruled 4 that texting is almost as dangerous as drunk 5 driving. And what Senator Marcellino is doing 6 here today in making the offense of texting a 7 primary offense is critically important to aid 8 law enforcement to properly punish the 9 violators that are putting individuals' lives 10 at risk. 11 I compliment my colleague on his 12 leadership on this issue for many years, and 13 I'll be voting in the affirmative. 14 ACTING PRESIDENT GRIFFO: Senator 15 Fuschillo to be recorded in the affirmative. 16 Senator Libous. Senator Alesi; 17 Senator Libous yields. 18 SENATOR ALESI: Thank you. Thank 19 you, Senator Libous. 20 We learn by experience. And the 21 experience that people in my community went 22 through a couple of years ago when five 23 beautiful young women were killed in a fiery 24 crash that they speculate was caused by 25 texting, should teach us, teach us as we look

Candyco Transcription Service, Inc. 1 around the country that over and over and over 2 again we see the dangers of texting while 3 driving and how they affect our families and 4 motorists in New York State. 5 We have an obligation here as 6 members of the Senate to do what we can to 7 protect the public. And this is one of those 8 times when we look back at the seat belt bill 9 that most people were opposed to in the 10 beginning. We realize now how important that 11 legislation was in saving lives. 12 The bill that Senator Marcellino 13 has taken such a strong leadership position on 14 also includes a component for educating young 15 people. In fact, it requires the DMV, in the 16 application for license, to provide 17 educational materials on the dangers of 18 texting. It requires DMV to even include a 19 question on the final licensing exam. 20 So that we're not only looking to 21 deter people by giving law enforcement a 22 primary objective when they pull people over, 23 we're looking not only to deter people from 24 texting by giving them a $150 fine, but we're 25 taking a positive, proactive measure by

Candyco Transcription Service, Inc. 1 educating young people who are now applying 2 for licenses to make it clear to them how 3 dangerous this is. 4 This will now be an amendment to 5 the Vehicle and Traffic Law, just as the 6 drinking and driving and just as seat belts, 7 all of those things that are meant to help 8 people. 9 And I know that people will be 10 opposed to this, some of them will. But as I 11 said, we learn by our experience, and our 12 experience tells us that this is vitally 13 necessary to pass this bill. 14 And I applaud Senator Marcellino 15 for his leadership. I encourage my colleagues 16 to join in voting yes on this bill. 17 ACTING PRESIDENT GRIFFO: Senator 18 Marcellino to be recorded in the affirmative. 19 Senator Little to explain her 20 vote -- Senator Little passes. 21 Senator Libous to explain his vote. 22 SENATOR LIBOUS: Thank you, 23 Mr. President. I too want to congratulate 24 Senator Marcellino. 25 You know, when the original bill

Candyco Transcription Service, Inc. 1 was passed on this floor, I voted against it, 2 the talking on the phone in the car. And I 3 kind of regret that I've done that, because I 4 have seen a number of traffic fatalities 5 because of it. I have seen people, as Senator 6 Fuschillo said, even now, traveling to Albany 7 this week, as I'm moving along doing the speed 8 limit, the car in front of me all of a sudden 9 slows down and veers off to the right, comes 10 back in. As I pass the car, the young lady 11 was talking on her cellphone. 12 That's just talking on your 13 cellphone. We're talking about texting. This 14 is a good bill. People should not be doing 15 other things while they're driving a car. 16 They should be paying attention to the road. 17 They should be paying attention to what 18 they're doing inside of their vehicle. They 19 should not be texting. They should not be 20 holding a phone to their ear -- obviously, 21 it's legal if it's hands-free. They should 22 not be doing those things. 23 Senator Marcellino, you're on 24 point, as Senator Alesi said. We have lost 25 lives tragically because of those individuals

Candyco Transcription Service, Inc. 1 who feel that it's necessary to send a friend 2 a text message while they're driving in a car. 3 I support this bill wholeheartedly 4 and would urge my colleagues to think very 5 seriously and vote yes for this. 6 ACTING PRESIDENT GRIFFO: Senator 7 Libous to be recorded in the affirmative. 8 Senator Kennedy to explain his 9 vote. 10 SENATOR KENNEDY: Thank you, 11 Mr. President. 12 First of all, let me thank Senator 13 Marcellino for his leadership on this 14 extremely important issue. 15 I want to also thank Senator 16 Fuschillo, the chair of the Transportation 17 Committee. It was actually on my first day 18 here at the Senate, I hadn't yet met Senator 19 Fuschillo, and I approached him about this 20 issue. This issue is extraordinarily 21 important for public safety in Western 22 New York and across New York State. 23 And Senator Fuschillo said to me, 24 "We're going to pass a bill, and it's going to 25 be Senator Marcellino's bill." Because

Candyco Transcription Service, Inc. 1 there's so many different bills that are out 2 there, we as a Senate, Democrat and 3 Republican, need to come to a conclusion on 4 what's the strongest bill that makes the most 5 sense that is going to help to cure the 6 epidemic that has become texting and driving. 7 And it has become an epidemic, 8 across New York State and across the United 9 States. The statistics are staggering. 10 Thousands of individuals have lost their lives 11 due to texting and driving and distracted 12 driving across the nation and across this 13 state. 14 As Senator Alesi has already 15 mentioned in his district, it hit home in his 16 district. It hit home in my district. A 17 young man, 21 years old, his name is A.J. 18 Larson, lost his life tragically texting and 19 driving -- rolling a stop sign, hit by an 20 oncoming vehicle. His mother, Kelly Cline, 21 has made it her life's work since that moment 22 to create an environment on the state level, 23 on the national level, and unfortunately on a 24 local level because in the past the state has 25 failed to act.

Candyco Transcription Service, Inc. 1 And we cannot fail to act once 2 again today. And it is our opportunity today 3 to embrace this legislation, to embrace public 4 safety, to create an environment that's going 5 to be safer -- for individuals of all ages, 6 but especially the youth of this state. 7 If you look at the statistics, the 8 statistics actually double when you change the 9 age level to which you acquire the 10 information. So the amount of injuries and 11 accidents that are caused by texting while 12 driving doubles when you change the age factor 13 from 18 to 60 years old to 18 to 35 years old. 14 This is technology that has 15 advanced. Today's legislation is catching up 16 with technology, creating a safer environment 17 for all individuals of all ages that are on 18 the road every single day. 19 I want to thank Kelly Cline for her 20 advocacy on this important issue. Recently 21 she spearheaded a group called Families 22 Against Texting While Driving. I urge my 23 fellow Senators and I urge the public to join 24 Families Against Texting While Driving to 25 further advance this important issue into the

Candyco Transcription Service, Inc. 1 New York State Assembly, where Assemblymember 2 Weisenberg is carrying this mirroring bill 3 that will allow us eventually to get the 4 signing legislation this session. 5 Thank you very much. 6 ACTING PRESIDENT GRIFFO: Senator 7 Kennedy to be recorded in the affirmative. 8 Announce the results. 9 THE SECRETARY: Ayes, 57. Nays, 10 3. Senators Montgomery, Parker and Savino 11 recorded in the negative. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 214, by Senator LaValle, Senate Print 3576, an 16 act to amend the Real Property Tax Law. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT GRIFFO: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 216, by Senator Krueger, Senate Print 888, an 4 act to amend the Criminal Procedure Law. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the 30th day. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 253, by Senator Bonacic, Senate Print 3099A, 17 an act to amend the Vehicle and Traffic Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59. Nays,

Candyco Transcription Service, Inc. 1 1. Senator Parker recorded in the negative. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 306, by Senator Skelos, Senate Print 1543, an 6 act to amend the Penal Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect on the first of 11 November. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. Nays, 16 1. Senator Parker recorded in the negative. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 337, by Senator Martins, Senate Print 3060, an 21 act to authorize the Town of North Hempstead. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 5. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT GRIFFO: There 2 is a home-rule message at the desk. 3 Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 338, by Senator Nozzolio, Senate Print 3488, 10 an act authorizing the Town of Webster. 11 ACTING PRESIDENT GRIFFO: There 12 is a home-rule message at the desk. 13 Read the last section. 14 THE SECRETARY: Section 7. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 345, substituted earlier today by Member of 24 the Assembly Jaffee, Assembly Print Number 25 668, an act to amend the Environmental

Candyco Transcription Service, Inc. 1 Conservation Law. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 60. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 365, by Senator Grisanti, Senate Print 2478, 14 an act to amend the Education Law. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 373, by Senator Huntley, Senate Print 3022, an 2 act to amend the Vehicle and Traffic Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of 7 November. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 381, by Senator Golden, Senate Print 2923, an 16 act to amend the Education Law. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect January 1, 2012. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. Nays, 25 2. Senators Little and Ritchie recorded in

Candyco Transcription Service, Inc. 1 the negative. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 388, by Senator Ranzenhofer, Senate Print 6 4124, an act to amend the Public Health Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. Nays, 15 1. Senator Duane recorded in the negative. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 Senator Libous, that completes the 19 noncontroversial reading of the calendar. 20 SENATOR LIBOUS: Mr. President, 21 is there any other business at the desk? 22 ACTING PRESIDENT GRIFFO: There 23 is none. 24 SENATOR LIBOUS: Mr. President, I 25 have an announcement.

Candyco Transcription Service, Inc. 1 Tomorrow, on May 4th, we will have 2 our Senate picture taken. We would ask that 3 members be here 10 minutes early, if they 4 could, because it will take 20 minutes for us 5 to get organized and get the picture taken. 6 So tomorrow will be our annual 7 Senate picture. I would ask everybody to be 8 here 10 minutes early, if they can. 9 And, Mr. President, there being no 10 further business at the desk, I move that we 11 adjourn until tomorrow, May 4th, at 12 11:00 a.m., and Senate picture at 10:50. 13 ACTING PRESIDENT GRIFFO: The 14 announcement is to be noted that there will be 15 a Senate picture and all members should be 16 present at 10:50 a.m. 17 And on motion, the Senate stands 18 adjourned until Wednesday, May 4th, at 19 11:00 a.m. Senate adjourned. 20 (Whereupon, at 4:13 p.m., the 21 Senate adjourned.) 22 23 24 25

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