Wednesday, May 4, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 4, 2011 11 11:29 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CARL L. MARCELLINO, 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 MARCELLINO: The 3 Senate will come to order. 4 I ask everyone present to please 5 rise and recite with me the Pledge of 6 Allegiance to our country. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT MARCELLINO: In 10 the absence of clergy, may we bow our heads in 11 a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT MARCELLINO: May 15 we have the reading of the Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, May 3, the Senate met pursuant to 18 adjournment. The Journal of Monday, May 2, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT MARCELLINO: 22 Without objection, the Journal stands approved 23 as read. 24 Presentation of petitions. 25 Messages from the Assembly.

Candyco Transcription Service, Inc. 1 The Secretary will read. 2 THE SECRETARY: On page 36, 3 Senator Gallivan moves to discharge, from the 4 Committee on Investigations and Government 5 Operations, Assembly Bill Number 5150 and 6 substitute it for the identical Senate Bill 7 Number 3241, Third Reading Calendar 360. 8 ACTING PRESIDENT MARCELLINO: 9 Substitution is ordered. 10 If we could have some silence in 11 the chamber, this would of assistance to the 12 stenographer, who has to take the record. 13 Messages from the Governor. 14 Reports of standing committees. 15 Reports of select committees. 16 Communications and reports from 17 state officers. 18 Motions and resolutions. 19 Senator Breslin. 20 SENATOR BRESLIN: Thank you, 21 Mr. President. 22 On behalf of Senator Peralta, I 23 move that the following bills be discharged 24 from their respective committees and be 25 recommitted with instructions to strike the

Candyco Transcription Service, Inc. 1 enacting clause: Bills 1019 and 606. 2 ACTING PRESIDENT MARCELLINO: So 3 ordered. 4 SENATOR BRESLIN: Thank you, 5 Mr. President. 6 ACTING PRESIDENT MARCELLINO: 7 Senator Libous. 8 SENATOR LIBOUS: Thank you, 9 Mr. President. 10 On behalf of Senator Fuschillo, on 11 page 39 I offer the following amendments to 12 Calendar Number 387, Senate Print 3461A, and 13 ask that said bill retain its place on the 14 Third Reading Calendar. 15 ACTING PRESIDENT MARCELLINO: The 16 amendments are received and adopted, and the 17 bill will retain its place on the Third 18 Reading Calendar. 19 SENATOR LIBOUS: Thank you, 20 Mr. President. 21 On behalf of Senator Martins, on 22 page 37 I offer the following amendments to 23 Calendar Number 369, Senate Print Number 4434, 24 and ask that said bill retain its place on the 25 Third Reading Calendar.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT MARCELLINO: The 2 bill will retain its place on the Third 3 Reading Calendar, and the amendments are 4 accepted. 5 SENATOR LIBOUS: On behalf of 6 Senator Alesi, on page 30 I offer the 7 following amendments to Calendar Number 264, 8 Senate Print 3736, and ask that said bill 9 retain its place on the Third Reading 10 Calendar. 11 ACTING PRESIDENT MARCELLINO: The 12 bill will retain its place on the Third 13 Reading Calendar, and the amendments are 14 accepted. 15 SENATOR LIBOUS: And, 16 Mr. President, on behalf of myself, Senator 17 Libous, on page 35 I offer the following 18 amendments to Calendar Number 343, Senate 19 Print 3137, and ask that said bill retain its 20 place on the Third Reading Calendar. 21 ACTING PRESIDENT MARCELLINO: The 22 bill will retain its place on the Third 23 Reading Calendar, and the amendments are 24 accepted. 25 Senator Libous.

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: Mr. President, 2 there are three privileged resolutions at the 3 desk by Senator Golden. May we please have 4 the titles read and move for their immediate 5 adoption, please. 6 ACTING PRESIDENT MARCELLINO: The 7 Secretary will read the titles only. 8 THE SECRETARY: Legislative 9 resolution by Senator Golden, honoring Anthony 10 L. DiMango, D.D.S., upon the occasion of his 11 designation as recipient of the Physician 12 Award by Lutheran HealthCare. 13 ACTING PRESIDENT MARCELLINO: 14 Read the next one. 15 THE SECRETARY: Legislative 16 resolution by Senator Golden, honoring 17 President Wendy Z. Goldstein upon the occasion 18 of her designation for special recognition by 19 Lutheran HealthCare. 20 And legislative resolution by 21 Senator Golden, commending Frenkel & Company 22 upon the occasion of its designation as 23 recipient of the Corporate Award by Lutheran 24 HealthCare. 25 ACTING PRESIDENT MARCELLINO: All

Candyco Transcription Service, Inc. 1 in favor of approving the resolutions as read 2 signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT MARCELLINO: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT MARCELLINO: The 8 resolutions are approved. 9 Senator Libous. 10 SENATOR LIBOUS: Mr. President, 11 at this time I believe that Senator Sampson 12 has several privileged resolutions at the 13 desk. At this time could we read the titles 14 of the resolutions and move for their 15 immediate adoption. 16 ACTING PRESIDENT MARCELLINO: The 17 Secretary will read all the titles. 18 THE SECRETARY: Legislative 19 resolution by Senator Sampson, honoring Melba 20 P. Brown upon the occasion of her designation 21 for special recognition at the Fourth Annual 22 Salute to Women of Valor on May 12, 2011. 23 Legislative resolution by Senator 24 Sampson, honoring Lucinda Clarke upon the 25 occasion of her designation for special

Candyco Transcription Service, Inc. 1 recognition at the Fourth Annual Salute to 2 Women of Valor on May 12, 2011. 3 Legislative resolution by Senator 4 Sampson, honoring Maria Garrett upon the 5 occasion of her designation for special 6 recognition at the Fourth Annual Salute to 7 Women of Valor on May 12, 2011. 8 Legislative resolution by Senator 9 Sampson, honoring Florence Hirsh upon the 10 occasion of her designation for special 11 recognition at the Fourth Annual Salute to 12 Women of Valor on May 12, 2011. 13 Legislative resolution by Senator 14 Sampson, honoring Juanita Holmes upon the 15 occasion of her designation for special 16 recognition at the Fourth Annual Salute to 17 Women of Valor on May 12, 2011. 18 Legislative resolution by Senator 19 Sampson, honoring Tina Johnson upon the 20 occasion of her designation for special 21 recognition at the Fourth Annual Salute to 22 Women of Valor on May 12, 2011. 23 Legislative resolution by Senator 24 Sampson, honoring Doreen McIntosh upon the 25 occasion of her designation for special

Candyco Transcription Service, Inc. 1 recognition at the Fourth Annual Salute to 2 Women of Valor on May 12, 2011. 3 Legislative resolution by Senator 4 Sampson, honoring Maria Ortega upon the 5 occasion of her designation for special 6 recognition at the Fourth Annual Salute to 7 Women of Valor on May 12, 2011. 8 Legislative resolution by Senator 9 Sampson, honoring Sue Rock upon the occasion 10 of her designation for special recognition at 11 the Fourth Annual Salute to Women of Valor on 12 May 12, 2011. 13 Legislative resolution by Senator 14 Sampson, honoring Tiffany Tucker upon the 15 occasion of her designation for special 16 recognition at the Fourth Annual Salute to 17 Women of Valor on May 12, 2011. 18 Legislative resolution by Senator 19 Sampson, honoring Latrice Walker upon the 20 occasion of her designation for special 21 recognition at the Fourth Annual Salute to 22 Women of Valor on May 12, 2011. 23 And legislative resolution by 24 Senator Sampson, honoring Mary Wilson upon the 25 occasion of her designation for special

Candyco Transcription Service, Inc. 1 recognition at the Fourth Annual Salute to 2 Women of Valor on May 12, 2011. 3 ACTING PRESIDENT MARCELLINO: All 4 in favor of the resolutions as read signify by 5 saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT MARCELLINO: All 8 opposed, nay. 9 (No response.) 10 ACTING PRESIDENT MARCELLINO: The 11 ayes have it. The resolutions are approved. 12 Senator Libous. 13 SENATOR LIBOUS: Thank you, 14 Mr. President. 15 ACTING PRESIDENT MARCELLINO: You 16 are welcome. 17 SENATOR LIBOUS: Mr. President, 18 there is a privileged resolution at the desk 19 by Senators Griffo, Hannon and Little. May we 20 please have the resolution read in its 21 entirety and I believe we will call on Senator 22 Griffo. 23 ACTING PRESIDENT MARCELLINO: The 24 Secretary will read the resolution in its 25 entirety.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Legislative 2 Resolution Number 767, by Senators Griffo, 3 Hannon and Little, memorializing Governor 4 Andrew M. Cuomo to proclaim May 2011 as Lupus 5 Awareness Month in the State of New York. 6 "WHEREAS, Each year the Lupus 7 Agencies of New York State designate May as 8 Lupus Awareness Month to show support for the 9 105,400 New Yorkers, 1.5 million Americans and 10 5 million people worldwide who suffer from the 11 often debilitating effects of lupus, a chronic 12 autoimmune disease that can cause severe 13 damage to the tissues and organs in the body, 14 and in some cases death; and 15 "WHEREAS, Each year thousands of 16 people are newly diagnosed with lupus, a great 17 majority of whom are young people in the prime 18 of their lives, and 90 percent of whom are 19 women; and 20 "WHEREAS, Lupus is the most 21 prevalent among African-Americans, Hispanics, 22 Native Americans, Asians. And tragically, 23 thousands of people die from lupus each year 24 because a cure remains elusive; and 25 "WHEREAS, Many healthcare

Candyco Transcription Service, Inc. 1 professionals are unaware of symptoms and 2 health effects of lupus, causing people with 3 lupus to suffer for many years before they 4 obtain a correct diagnosis and medical 5 treatment, demonstrating the need for 6 increased public and professional awareness of 7 lupus; and 8 "WHEREAS, Medical research efforts 9 into lupus and the discovery of safer, more 10 effective treatment for lupus patients are 11 underfunded in comparison with diseases of 12 comparable magnitude and severity; and 13 "WHEREAS, Increasing community 14 awareness and focusing public attention on 15 lupus and its devastating impact on patients' 16 lives will provide hope for a better future 17 for those affected; and 18 "WHEREAS, The Lupus Agencies of 19 New York State are dedicated to 'improving the 20 quality of life for individuals with lupus and 21 their loved ones by providing education, 22 support and outreach services and promoting 23 programs of awareness, advocacy and research'; 24 and 25 "WHEREAS, This Legislative Body

Candyco Transcription Service, Inc. 1 recognizes the needs of those chronically ill 2 people who are living with lupus and urges all 3 citizens to support the search for a cure and 4 assist those individuals and families who deal 5 with this devastating disease on a daily 6 basis; now, therefore, be it 7 "RESOLVED, That this Legislative 8 Body pause in its deliberations to memorialize 9 Governor Andrew M. Cuomo to proclaim May 2011 10 as Lupus Awareness Month in the State of 11 New York; and be it further 12 "RESOLVED, That copies of this 13 resolution, suitably engrossed, be transmitted 14 to the Honorable Andrew M. Cuomo, Governor of 15 the State of New York, and the Lupus Agencies 16 of New York State." 17 ACTING PRESIDENT MARCELLINO: To 18 be heard on the resolution, Senator Griffo. 19 SENATOR GRIFFO: Thank you, 20 Mr. President. I want to thank the members 21 for taking up this resolution today. 22 I want to thank those who are in 23 attendance here in the gallery today for being 24 so vigilant and so engaged in this -- Kathleen 25 Arntsen and many people are here from across

Candyco Transcription Service, Inc. 1 New York State to continue to make members of 2 the Legislature and leaders across this state 3 informed and aware of this debilitating 4 disease. 5 Over 1.5 million Americans are 6 affected by this disease. And we heard how 7 females and African-American women are 8 disproportionately affected, particularly 9 between the ages of 15 and 44. So it is so 10 important, as we try to deal with chronic 11 illness and diseases such as the lupus issue, 12 that we continue to make people aware of the 13 need and the importance of research and 14 putting together the resources financially 15 that are necessary to try to help find a cure. 16 One example of that is the FDA has 17 just recently approved a drug called Benlysta. 18 It's a new form of therapy which is now being 19 used as a result of clinical trials that they 20 have now authorized. And I think this is why 21 we want to make sure that when we look at 22 pieces of legislation, when we look at 23 clinical studies and the need for resources 24 and funding in order to undertake these kind 25 of studies, that we can find opportunities to

Candyco Transcription Service, Inc. 1 try to treat this disease. 2 But also, ultimately, what we're 3 trying to accomplish is a life without lupus. 4 I heard that today from Assemblywoman Gibson, 5 and I think it says it all. 6 So it is so imperative -- and I 7 want to thank you -- that we call attention to 8 this, but it's equally important that we 9 continue to be engaged and involved in trying 10 to call attention to this and to ensure that 11 we are diverting and developing policies and 12 resources that will help in trying to create 13 that life without lupus. 14 So I want to thank all of you who 15 are here today for your efforts. I appreciate 16 that. I'm proud to be a sponsor of this 17 resolution and will continue to work with you 18 to do what we can to combat this unfortunate 19 disease. Thank you. 20 ACTING PRESIDENT MARCELLINO: 21 Senator Hannon. 22 SENATOR HANNON: Thank you, 23 Mr. President. 24 ACTING PRESIDENT MARCELLINO: 25 Excuse me, Senator.

Candyco Transcription Service, Inc. 1 Can we have some quiet in the 2 chamber, please. 3 Senator Hannon. 4 SENATOR HANNON: I just want to 5 commend Senator Griffo for sponsoring this 6 resolution and make two points. 7 One is this lupus, it is necessary 8 to call attention to a disease like lupus 9 because even in our modern society where we 10 think we have healthcare that can treat all, 11 there are these intractable diseases, 12 especially those of the autoimmune system, 13 that still bedevil people throughout the 14 state, throughout the nation, and need to be 15 addressed, need to have research, need to have 16 treatment. 17 And the second is for those of you 18 who have any familiarity with lupus or the 19 other related illnesses -- fibromyalgia, 20 Lyme's disease -- it's a whole family of the 21 autoimmune diseases -- there's a display in 22 the Well of the LOB today with lots of 23 information, people have come from around the 24 state. And I would urge that you stop by and 25 say hello and get some of the material and

Candyco Transcription Service, Inc. 1 information that's being displayed. 2 Thank you, Mr. President. 3 ACTING PRESIDENT MARCELLINO: 4 Thank you, Senator Hannon. 5 Senator Little. 6 SENATOR LITTLE: Thank you, 7 Mr. President. 8 I'd like to join my colleagues in 9 welcoming the women who are here today to show 10 all of us a little bit more about lupus. And 11 many of them are victims of lupus or know 12 someone who is. 13 And I think one of the biggest 14 problems that is involved with having lupus is 15 getting that diagnosis, because it takes a 16 long time and people go through a lot of tests 17 and everything before they can actually 18 determine what is the problem and what is 19 causing the health issues that that person is 20 having. It also becomes a disease that you 21 have to learn to live with as we go forward. 22 So recognition of it, awareness of 23 it is very important. And that's what a 24 resolution like this does, and that's what 25 their presence here today does for all of us.

Candyco Transcription Service, Inc. 1 So thank you for being here. Thank 2 you for improving the awareness and 3 recognition of this disease. 4 Thank you. 5 ACTING PRESIDENT MARCELLINO: 6 Thank you, Senator Little. 7 Senator Savino on the resolution. 8 SENATOR SAVINO: Thank you, 9 Mr. President. 10 I want to thank Senator Griffo for 11 bringing this resolution. Earlier today I 12 attended the Lupus Awareness Day event in the 13 Well with Senator Griffo and Assemblywoman 14 Vanessa Gibson and Assemblywoman Ellen Jaffee. 15 Assemblywoman Gibson and I sponsor 16 three pieces of legislation which would bring 17 public awareness about lupus to a greater 18 number of New Yorkers by directing the 19 Department of Health to establish a lupus 20 awareness and education program. 21 Imagine, if we really thought about 22 this, if we were to look at the statistics, we 23 know that there are 100,000 women in the State 24 of New York who have been diagnosed with 25 lupus. There are 100,000 women in the State

Candyco Transcription Service, Inc. 1 of New York who doctors have been able to 2 determine that the debilitating disease that 3 they have been suffering from is lupus. 4 How many more women are walking 5 around and don't know it? How many more women 6 are going to their doctors for some of the 7 symptoms, as Senator Hannon talked about, and 8 being treated or misdiagnosed? How many women 9 are suffering? Far too many. If 100,000 have 10 been diagnosed, we know that the likelihood is 11 there's about a million who are suffering and 12 not receiving the appropriate treatment. We 13 can do something about that by raising 14 awareness about lupus through the Department 15 of Health, through education. 16 We've had some good news in the 17 last year since the last Lupus Awareness Day 18 here in Albany. As Senator Griffo said, the 19 FDA had not approved a new drug for use in 20 treatment of this debilitating disease in over 21 50 years. Last March they did. They approved 22 the use of a drug called Benlysta. And while 23 it has not provided full relief for all the 24 women, it is providing a significant amount of 25 relief for some.

Candyco Transcription Service, Inc. 1 But we need to do more. But the 2 first thing we need to do is to educate 3 doctors, to educate women, and to let people 4 know that those symptoms that they're feeling 5 could be lupus. Don't just assume it's 6 fatigue or that you're overworked or that 7 you're just under the weather. It could be a 8 disease that will affect the rest of your 9 life. 10 So I want to thank Senator Griffo 11 for bringing the resolution. And I hope all 12 of you will take the time to stop in the Well 13 and pick up the information about lupus and 14 take it back to your district offices and let 15 people know that this is a disease that, if it 16 is diagnosed early, can be treated better. 17 One hundred thousand women that we know -- how 18 many more don't we know about? 19 Thank you, Mr. President. 20 ACTING PRESIDENT MARCELLINO: 21 Thank you, Senator Savino. 22 Anyone else wishing to be heard on 23 this resolution? 24 Seeing none, the motion is on the 25 resolution. All in favor signify by saying

Candyco Transcription Service, Inc. 1 aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT MARCELLINO: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT MARCELLINO: The 7 resolution is approved. 8 Senator Libous. 9 SENATOR LIBOUS: Mr. President, I 10 believe there are a couple of resolutions at 11 the desk by Senator Squadron. One resolution 12 by Senator Squadron. 13 ACTING PRESIDENT MARCELLINO: 14 There is a resolution by Senator Squadron, 15 sir. 16 SENATOR LIBOUS: Can we have its 17 title read and call on Senator Squadron. 18 ACTING PRESIDENT MARCELLINO: The 19 Secretary will read. 20 SENATOR LIBOUS: Mr. President, I 21 was correct, there are two resolutions by 22 Senator Squadron. He wishes to speak on one; 23 could the titles of both be read. 24 ACTING PRESIDENT MARCELLINO: The 25 Secretary will read the resolutions title

Candyco Transcription Service, Inc. 1 only. 2 THE SECRETARY: Legislative 3 resolution by Senator Squadron, honoring Brook 4 Peters upon the occasion of the selection of 5 his film, "The Second Day," for screening at 6 the Tribeca Film Festival on April 30, 2011. 7 And legislative resolution by 8 Senator Squadron, commending the Gowanus Canal 9 Community Development Corporation upon the 10 occasion of its 33rd anniversary, to be 11 celebrated at its Annual Gala on May 5, 2011. 12 ACTING PRESIDENT MARCELLINO: On 13 the resolutions, Senator Squadron. 14 SENATOR SQUADRON: Thank you, 15 Mr. President, on the resolution honoring 16 Brook Peters. 17 On this week in which the whole 18 world has turned its attention again to the 19 attacks of September 11, 2001, in which one 20 chapter that came out of that day and a result 21 of that day has been closed, with Osama bin 22 Laden being brought to justice, I thought it 23 was appropriate to also highlight what's 24 happening locally and what's happening on the 25 personal level in the wake of September 11th.

Candyco Transcription Service, Inc. 1 Brook Peters was 4 years old on 2 September 11, 2001. He lived in the Lower 3 Manhattan neighborhood. Just a few years 4 later, when he was 11 years old, he started 5 making a film in which he talked to hundreds 6 of classmates who had lived in the community, 7 who were right there, who were directly 8 affected by the attacks of September 11, 2001. 9 And what he found was that for many 10 of them, they hadn't talked about it with 11 their parents, their feelings on it were 12 conflicted, they were still dealing with it. 13 Much as all of us are, much as the entire 14 nation and the entire world are still dealing 15 with it. 16 And Brook Peters, who's now in 17 eighth grade, then submitted his film to the 18 Tribeca Film Festival, one of the great film 19 festivals of the world and also an event that 20 exists in part to help Lower Manhattan, 21 New York City and New York State to rebuild 22 from the attacks. And they accepted the film, 23 and it was well received at the Tribeca Film 24 Festival Family Day on Saturday. 25 So as all of us approach the tenth

Candyco Transcription Service, Inc. 1 anniversary of those attacks, as we think this 2 week both about the fact that we have brought 3 bin Laden to justice and the fact that 4 together -- as a city, as a state, as a 5 nation -- we are continuing to learn from and 6 rise above those attacks, I think that Brook 7 Peters' success, his sensitivity, the way that 8 he has addressed and approached this issue 9 really should be commended and highlighted. 10 And I wanted to take a moment on 11 the floor of the State Senate to commend and 12 thank Brook for reminding us all of the many 13 different ways that September 11th still 14 affects us and the many different ways that we 15 are all as a community continuing to rise 16 above it. 17 Thank you, Mr. President. 18 ACTING PRESIDENT MARCELLINO: 19 Thank you, Senator Squadron. 20 All in favor of the resolutions as 21 read signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT MARCELLINO: 24 Opposed, nay. 25 (No response.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT MARCELLINO: The 2 resolutions are adopted. 3 Senator Libous. 4 SENATOR LIBOUS: Thank you, 5 Mr. President. 6 Senator Hassell-Thompson has a 7 resolution at the desk. She would like it 8 please read in its entirety, and I believe she 9 would like to be called on. 10 ACTING PRESIDENT MARCELLINO: The 11 Secretary will read. 12 THE SECRETARY: Legislative 13 resolution by Senator Hassell-Thompson, 14 congratulating the 2010-2011 Mount Vernon High 15 School Boys Basketball Team upon the occasion 16 of its outstanding season and capturing three 17 championships. 18 "WHEREAS, Excellence and success in 19 competitive sports can be achieved only 20 through strenuous practice, team play and team 21 spirit, nurtured by dedicated coaching and 22 strategic planning; and 23 "WHEREAS, Athletic competition 24 enhances the moral and physical development of 25 the young people of this state preparing them

Candyco Transcription Service, Inc. 1 for the future by instilling in them the value 2 of teamwork, encouraging a standard of healthy 3 living, imparting a desire for success, and 4 developing a sense of fair play and 5 competition; and 6 "WHEREAS, The 2010-2011 Mount 7 Vernon High School Boys Basketball Team 8 compiled an outstanding championship season, 9 capturing three major New York high school 10 basketball titles; and 11 "WHEREAS, Emerging victorious as 12 the 2011 champions of Section I, the 2010-2011 13 Mount Vernon High School Boys Basketball Team 14 also triumphed as 2011 New York State Public 15 High School Athletic Association champions, as 16 well as the 2011 New York State Federation 17 champions; and 18 "WHEREAS, The athletic talent 19 displayed by the 2010-2011 Mount Vernon High 20 School Boys Basketball Team is due in great 21 part to the efforts of Head Coach Robert 22 Cimmino, Assistant Head Coach Brian Pritchett, 23 and Assistant Coaches Dwayne Murray, Paul 24 Roland, Patrick Theodule, Yaccov Williams, and 25 Anthony Pavlacka, skilled and inspirational

Candyco Transcription Service, Inc. 1 tutors respected for their ability to develop 2 potential into excellence; and 3 "WHEREAS, The overall record of the 4 2010-2011 Mount Vernon High School Boys 5 Basketball Team was outstanding, and the team 6 players were loyally and enthusiastically 7 supported by family, fans, friends and the 8 community at large; and 9 "WHEREAS, The hallmarks of the 10 2010-2011 Mount Vernon High School Boys 11 Basketball Team, from the opening game of the 12 season to capturing the Section I New York 13 State Public High School Athletic Association 14 and New York State Federation championships, 15 were a brotherhood of athletic ability, of 16 good sportsmanship, of honor and of 17 scholarship, demonstrating that these team 18 players are second to none; and 19 "WHEREAS, Athletically and 20 academically, the 2010-2011 Mount Vernon High 21 School Boys Basketball Team members have 22 proven themselves to be an unbeatable 23 combination of talents, reflecting favorably 24 on their school and their community; and 25 "WHEREAS, The coaches and staff of

Candyco Transcription Service, Inc. 1 the 2010-2011 Mount Vernon High School Boys 2 Basketball Team have done a superb job in 3 guiding, molding, and inspiring the team 4 members toward their goals; and 5 "WHEREAS, Sports competition 6 instills the values of teamwork, pride and 7 accomplishment. The 2010-2011 Mount Vernon 8 High School Boys Basketball Team's outstanding 9 athletes have clearly made a contribution to 10 the spirit of excellence which is a tradition 11 of their school; now, therefore, be it 12 "RESOLVED, That this Legislative 13 Body pause in its deliberations to 14 congratulate the 2010-2011 Mount Vernon High 15 School Boys Basketball Team, its members -- 16 Isaiah Cousins, Quadere Lovell, Khalid 17 Samuels, Damani Ashton, Horace Copeland, 18 Joshua Doughty, Givvion Jones, William 19 Robinson, Randy Stephens, Jamall Walker, Kenny 20 Ellis, Adam Malheur, Jamel Knott, Jarrel 21 Marshall, Yhanni Bartley, Jabarie Hinds -- as 22 well as Head Coach Robert Cimmino, Assistant 23 Head Coach Brian Pritchett, Assistant Coaches 24 Dwayne Murray, Paul Roland, Patrick Theodule, 25 Yaccov Williams and Anthony Pavlacka, Athletic

Candyco Transcription Service, Inc. 1 Trainers Peter Montpellier and Brian Gardener, 2 Statisticians John Nannariello and Don Munroe, 3 and Managers Akime Nicholas, Shanika Benjamin, 4 and Rich Hollis, on their outstanding season 5 and overall team record and capturing the 6 Section I New York Public High School Athletic 7 Association and the New York State Federation 8 championships; and be it further 9 "RESOLVED, That copies of this 10 resolution, suitably engrossed, be transmitted 11 to the members, coaches, and staff of the 12 2010-2011 Mount Vernon High School Boys 13 Basketball Team." 14 ACTING PRESIDENT MARCELLINO: 15 Senator Hassell-Thompson. 16 SENATOR HASSELL-THOMPSON: Thank 17 you, Mr. President. 18 I rise with pleasure to 19 congratulate the Mount Vernon Boys Basketball 20 Team who captured this year's Section I 21 New York State Public High School Athletic 22 Association and the New York State federation 23 championships. I can't that say often enough. 24 This winning team was coached by 25 head coach, as you heard, Robert Cimmino, who

Candyco Transcription Service, Inc. 1 is one of the most highly respected and 2 successful high school basketball coaches in 3 the nation. Coach Robert Cimmino was selected 4 as the head coach of the East Team in the 5 highly prestigious McDonald's Annual Games, 6 which features many of the top senior high 7 school basketball players in the country. 8 Since 2000, as head coach of the Mount Vernon 9 High School Basketball Team, Robert Cimmino 10 has guided his team to 11 Section I 11 championships, five New York Public High 12 School Athletic Association championships, and 13 four New York State Federation Tournament of 14 Champion titles. 15 I would also like to recognize the 16 two co-captains of the team, Jabarie Hinds and 17 Khalid Samuels, the athletic trainers, Peter 18 Montpellier and Brian Gardener, statisticians 19 John Nannariello and Don Munroe, and the 20 managers, Akime Nicholas, Shanika Benjamin and 21 Rich Hollis. 22 Jabarie Hinds was the recipient of 23 the prestigious title of "Mr. Basketball for 24 the State of New York" for the 2010-2011 high 25 school basketball season. He was also

Candyco Transcription Service, Inc. 1 selected as the Most Valuable Player of the 2 2011 New York State Public High School 3 Athletic Association Championship Basketball 4 Tournament. Jabarie Hinds will continue his 5 education in the fall of 2011 at West Virginia 6 University, where he is recipient of a 7 basketball scholarship. 8 Khalid Samuels was selected to the 9 New York State Public High School Athletic 10 Association All-Star Team during the 2011 11 championship. He was also named to the 12 New York State Federation Tournament of 13 Champions All-Star Team during the tournament. 14 I'm also pleased to congratulate 15 the Mount Vernon Boys 800-meter relay team of 16 Michael Blake, Steven Gayle, Christopher 17 Winslow and Darien Burnside, and alternates 18 Kareem Campbell and Darian Livingston, who won 19 the League, Westchester County, Section I, New 20 York State and Federation, Eastern States and 21 National titles. Its 1600-meter relay team 22 also won League, Westchester County, and 23 Section I championships. 24 Congratulations. 25 ACTING PRESIDENT MARCELLINO:

Candyco Transcription Service, Inc. 1 Thank you, Senator. 2 Anyone else wishing to be heard? 3 Senator Montgomery. 4 SENATOR MONTGOMERY: Yes, thank 5 you, Mr. President. 6 I rise to congratulate the young 7 people, and I want to thank my colleague. I 8 know that she claims them. They certainly are 9 from her district. And we have someone else 10 who's sneaked in to also claim these young 11 people as well, Assemblyman Gary Pretlow. 12 But I also want to say that you 13 belong to all of us. Whatever your 14 accomplishments are and will be from now on, 15 we will claim them as well. We claim you. 16 And I want to say that athletics is 17 the foundation of all of the success in life. 18 So you have begun to be successful. The 19 skills that you have acquired will go with you 20 throughout your lives. And certainly many of 21 the people sitting in this room have been 22 successful athletes starting out as young 23 people like yourselves. 24 So I applaud you and I wish you the 25 very, very best. And certainly one day I

Candyco Transcription Service, Inc. 1 assume some of you will move from up there 2 where you are to down here on this floor. 3 Congratulations. 4 Thank you, Senator 5 Hassell-Thompson. 6 ACTING PRESIDENT MARCELLINO: 7 Thank you, Senator. 8 Senator Stewart-Cousins. 9 SENATOR STEWART-COUSINS: Thank 10 you, Mr. President. 11 And I just wanted to thank Senator 12 Hassell-Thompson for not only bringing the 13 resolution forth but also making sure that you 14 got here. Because we're hoping that as you 15 inspire us, we will inspire you. 16 And I certainly couldn't let 17 Senator Montgomery get away with claiming you, 18 because -- although it's true, you belong to 19 all of us. But I represent Yonkers and 20 Westchester County, and certainly your success 21 is motivating to your next-door neighbors to 22 the west. 23 And so again, much congratulations. 24 Thank you for being excellent. Thank you for 25 persevering. Thank you for displaying

Candyco Transcription Service, Inc. 1 teamwork. Thank you for leading the way again 2 and again. You are all to be congratulated. 3 ACTING PRESIDENT MARCELLINO: 4 Gentleman and ladies, on behalf of the State 5 Senate I would just like to congratulate you. 6 Too often these days we hear about young 7 people doing the wrong things, going in the 8 wrong direction. It's a pleasure to hear 9 about young people who are doing the right 10 thing -- celebrating their family, celebrating 11 their community, and making everybody proud. 12 Keep up the good work. 13 On the resolution, all in favor 14 signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT MARCELLINO: All 17 opposed, nay. 18 (No response.) 19 ACTING PRESIDENT MARCELLINO: The 20 ayes have it. The resolution is adopted. 21 Senator Gallivan. 22 SENATOR GALLIVAN: Thank you, 23 Mr. President. 24 I believe Senator Hassell-Thompson 25 has a number of other privileged resolutions

Candyco Transcription Service, Inc. 1 at the desk. May we please have their titles 2 read and move for their immediate adoption. 3 ACTING PRESIDENT MARCELLINO: The 4 Secretary will read titles only. 5 We're getting a request for 6 spontaneous applause. 7 (Laughter; applause.) 8 ACTING PRESIDENT MARCELLINO: The 9 Secretary will read. Spontaneously. 10 (Laughter.) 11 THE SECRETARY: Legislative 12 resolution by Senator Hassell-Thompson, 13 congratulating Robert Cimmino, as the Head 14 Coach of the 2010-2011 Mount Vernon High 15 School Boys Basketball Team, upon the occasion 16 of capturing three major New York State 17 championships. 18 Legislative resolution by Senator 19 Hassell-Thompson, congratulating Jabarie Hinds 20 of the 2010-2011 Mount Vernon High School Boys 21 Basketball Team upon the occasion of his 22 outstanding athletic accomplishments. 23 Legislative resolution by Senator 24 Hassell-Thompson, congratulating Khalid 25 Samuels of the 2010-2011 Mount Vernon High

Candyco Transcription Service, Inc. 1 School Boys Basketball Team upon the occasion 2 of his outstanding athletic accomplishments. 3 Legislative resolution by Senator 4 Hassell-Thompson, congratulating the Mount 5 Vernon High School Girls Track Team upon the 6 occasion of its outstanding 2010-2011 indoor 7 season. 8 And legislative resolution by 9 Senator Hassell-Thompson, congratulating the 10 Mount Vernon High School Boys Track Team upon 11 the occasion of its outstanding 2010-2011 12 indoor and outdoor seasons. 13 ACTING PRESIDENT MARCELLINO: 14 Senator Hassell-Thompson. 15 SENATOR HASSELL-THOMPSON: Thank 16 you. 17 I had begun to go into my speech on 18 the Boys Track Team, but I want to double back 19 and make sure that they have their separate 20 recognition, as well as our Girls Track Team. 21 And let me just repeat that the 22 Mount Vernon High School Boys Track Team has 23 received and achieved success and excellence 24 in the classroom with 91 percent of its 25 seniors continuing on with their education.

Candyco Transcription Service, Inc. 1 The athletic talent displayed by the 2010-2011 2 Mount Vernon Boys High School Track Team is 3 due to the efforts of its head coach, Marcus 4 Green, a skilled and inspirational mentor 5 respected for his ability to develop potential 6 into excellence. 7 The Mount Vernon High School Girls 8 Track Team captured the Westchester County 9 Championship. Tanaya Yarde dominated the 10 300-meter to become the New York State and 11 Federation champion. 12 In the 2010-2011 indoor season, the 13 4x200 relay team of Robbi Rogers, Lexus 14 Harney, Amber Lacey and Tanaya Yarde defended 15 their 2010 New York State Public High School 16 Championship and won again in 2011. During 17 the 2010 indoor season, the Mount Vernon High 18 School Girls Track Team was the Federation 19 champion in the 4x100 meter race. 20 The athletic talent displayed by 21 the 2010-2011 Mount Vernon High School Girls 22 Track Team is due in part to their head coach, 23 Walter Hall. 24 Here today are members of the Mount 25 Vernon Basketball Team and their coaches,

Candyco Transcription Service, Inc. 1 mentors, and family members. And from the 2 Boys and Girls Track Teams, we have Shantay 3 Beccan, Lexus Harney, Amber Lacey, Robbi 4 Rogers, Tanaya Yarde, Michael Blake, Darien 5 Burnside, Kareem Campbell, Steven Gayle, 6 Darian Livingston, Avery Taylor, Christopher 7 Winslow, and Coaches Adrian Rosario and 8 Danielle Giusti. 9 Congratulations also should go to 10 our new high school principal, Mr. Gonzalez, 11 who is with us today. And it didn't leave 12 very many people at home, because everybody 13 from Mount Vernon wanted to be here today to 14 be a part of this triumph and to share with 15 our young people. 16 I see you, Sue, one of our women's 17 track advisors and tremendous champion, we 18 have to give her sedation at the games because 19 she gets so excited. And she's worse than a 20 mommy when it comes to her support of her team 21 and her young people. 22 But this is a community feeling 23 that has been generated tremendously by this 24 basketball team. And while we talked about 25 the 91 percent of those who are going to

Candyco Transcription Service, Inc. 1 graduate and continue their education, let me 2 say to you that no one can play on the 3 basketball team unless they have at least a 4 3.2 average, and they must keep that average. 5 So that we are not only building athletes, but 6 we're also building academic leaders. 7 So I thank all of you for indulging 8 me today and allowing me the opportunity to 9 brag on my team, to brag on my coaches. Brian 10 Pritchett, one of our deputy coaches, just 11 came back from China with a group of young 12 men. 13 So we are building leaders in our 14 community. And I thank you all, as parents 15 and community people, who came to support our 16 young men and women today. 17 Thank you, Mr. President. 18 ACTING PRESIDENT MARCELLINO: 19 Thank you, Senator. 20 All in favor of these resolutions 21 signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT MARCELLINO: All 24 opposed, nay. 25 (No response.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT MARCELLINO: The 2 resolutions are adopted. 3 Now we can have another round of 4 spontaneous applause. 5 (Applause.) 6 ACTING PRESIDENT MARCELLINO: 7 Senator Gallivan. 8 SENATOR GALLIVAN: Thank you, 9 Mr. President. 10 May we please take up the 11 noncontroversial reading of the calendar. 12 ACTING PRESIDENT MARCELLINO: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 12, by Senator Young, Senate Print 783, an act 16 to amend the Environmental Conservation Law. 17 ACTING PRESIDENT MARCELLINO: 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MARCELLINO: 22 Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 62. 25 ACTING PRESIDENT MARCELLINO: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 315, by Senator Lanza, Senate Print 4377, an 4 act to amend the General City Law. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MARCELLINO: 10 Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 321, by Senator Fuschillo, Senate Print 4071, 17 an act to amend subdivision 19 of Section 246. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61. Nays,

Candyco Transcription Service, Inc. 1 1. Senator Duane recorded in the negative. 2 ACTING PRESIDENT MARCELLINO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 328, by Senator Gallivan, Senate Print 2787, 6 an act to amend the Local Finance Law. 7 ACTING PRESIDENT MARCELLINO: 8 There is a home-rule message at the desk. 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 62. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 329, by Senator Stewart-Cousins, Senate Print 20 2982, an act to amend the Local Finance Law. 21 ACTING PRESIDENT MARCELLINO: 22 Again, there is a home-rule message at the 23 desk. 24 Read the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT MARCELLINO: 3 Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 62. 6 ACTING PRESIDENT MARCELLINO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 333, by Senator Seward, Senate Print 4426, an 10 act to amend the Insurance Law. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section. 13 THE SECRETARY: Section 8. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 59. Nays, 19 3. Senators Dilan, Duane and Hassell-Thompson 20 recorded in the negative. 21 ACTING PRESIDENT MARCELLINO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 360, substituted earlier today by Member of 25 the Assembly Kolb, Assembly Print Number 5150,

Candyco Transcription Service, Inc. 1 an act to amend the Alcoholic Beverage Control 2 Law. 3 ACTING PRESIDENT MARCELLINO: 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MARCELLINO: 8 Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT MARCELLINO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 377, by Senator Johnson, Senate Print 4197, an 15 act to amend the Vehicle and Traffic Law. 16 ACTING PRESIDENT MARCELLINO: 17 There is a home-rule message at the desk. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MARCELLINO: 22 Call the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT MARCELLINO: To 25 explain his vote, Senator DeFrancisco.

Candyco Transcription Service, Inc. 1 SENATOR DeFRANCISCO: Yes, I'm 2 going to vote no. 3 I remember in high school I read a 4 book, 1984, by George Orwell. And many of 5 these bills that have passed so far, I 6 think -- unless I was absent -- I voted 7 against every single one of them. 8 This is just for a hundred 9 intersections. Pretty soon we'll have cameras 10 throughout the State of New York, and I'm not 11 so sure that the law enforcement benefits 12 outweigh the personal privacy and personal 13 freedoms issues. 14 And secondly, I just wanted my high 15 school teacher to know that I do remember the 16 book and I remember the principles behind it. 17 Thank you. 18 ACTING PRESIDENT MARCELLINO: 19 Thank you, Senator DeFrancisco. 20 Announce the results. 21 THE SECRETARY: Ayes, 58. Nays, 22 4. Senators DeFrancisco, LaValle, Ranzenhofer 23 and Zeldin recorded in the negative. 24 ACTING PRESIDENT MARCELLINO: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 Senator Libous, that completes the 2 calendar. 3 SENATOR LIBOUS: Mr. President, I 4 believe Senator Breslin has a handup from 5 Senator Sampson, in consultation with Senator 6 Skelos. 7 ACTING PRESIDENT MARCELLINO: The 8 handup will be accepted and filed in the 9 Journal. 10 SENATOR LIBOUS: Thank you, 11 Mr. President. 12 And I believe Senator 13 Hassell-Thompson would like to make an 14 announcement. 15 ACTING PRESIDENT MARCELLINO: 16 Senator Hassell-Thompson. 17 SENATOR HASSELL-THOMPSON: Thank 18 you, Mr. President. 19 There's going to be a reception for 20 the teams in Room 711. And anyone who would 21 like to join us is welcome, and certainly to 22 take photos. And I'd appreciate it. 23 Thank you. 24 SENATOR LIBOUS: Thank you, 25 Senator.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT MARCELLINO: 2 Senator Libous. 3 SENATOR LIBOUS: Mr. President, 4 is there any further business at the desk? 5 ACTING PRESIDENT MARCELLINO: The 6 desk is clear. 7 SENATOR LIBOUS: If the desk is 8 clear at this time, there being no further 9 business, I move that the Senate adjourn until 10 Monday, May 9th, at 3:00 p.m., intervening 11 days being legislative days. 12 ACTING PRESIDENT MARCELLINO: On 13 motion, the Senate will be adjourned until 14 Monday, May 9th, 3:00 p.m., intervening days 15 to be legislative days. 16 (Whereupon, at 12:13 p.m., the 17 Senate adjourned.) 18 19 20 21 22 23 24 25

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