Monday, March 4, 2013

Reports of standing committees.

Reports of select committees.

Communications and reports from state officers.

Motions and resolutions.

Senator LaValle.

SENATOR LaVALLE: Would you recognize Senator Gianaris for the purpose of making a motion.

ACTING PRESIDENT SAVINO:Senator Gianaris, for the purpose of making a motion.

SENATOR GIANARIS:Madam President, on behalf of Senator Peralta, I move that the following bills be discharged from their respective committees and be recommitted with instructions to strike the enacting clause: Senate Bill Numbers 34, 50, 63, 66, 69, and 117.

ACTING PRESIDENT SAVINO:So ordered.

Senator LaValle.

SENATOR LaVALLE: Before I make an announcement, I would like the record to show that seated in my seat, with a full head of hair, is my neighbor, Jordan Suarez, from Port Jefferson.

There will be an immediate meeting of the Finance Committee in Room 332 of the Capitol.

ACTING PRESIDENT SAVINO:There will be an immediate meeting of the Senate Finance Committee in Room 332 of the Capitol.

The Senate will stand at ease.

(Whereupon, the Senate stood at ease at 3:20 p.m.)

(Whereupon, the Senate reconvened at 3:37 p.m.)

ACTING PRESIDENT SAVINO:The Senate will come to order.

Senator LaValle.

SENATOR LaVALLE: I believe there's a report of the Finance Committee at the desk. If we could have it read at this time.

ACTING PRESIDENT SAVINO:The Secretary will read the report of the Finance Committee.

THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following bill to special report:

Senate 2755, by Senator Griffo, an act to amend Chapter 912 of the Laws of 1920.

ACTING PRESIDENT SAVINO:All in favor of accepting the report of the Finance Committee signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT SAVINO:Opposed, nay.

(No response.)

ACTING PRESIDENT SAVINO:The report is accepted.

Senator LaValle.

SENATOR LaVALLE: I believe there is a previously adopted resolution by Senator Carlucci, Resolution 453, at the desk. I ask that it be read in its entirety.

ACTING PRESIDENT SAVINO:The Secretary will read the resolution.

THE SECRETARY:Legislative Resolution Number 453, by Senator Carlucci, memorializing Governor Andrew M. Cuomo to proclaim March 2013 as Irish American Heritage Month in the State of New York.

"WHEREAS, From America's earliest days, Irish immigrants and their descendants have contributed leadership, wisdom, and vitality to America, through nine signers of the Declaration of Independence and 22 Presidents with Irish roots, as well as the indelible mark Irish Americans have made in the shaping of the great State and City of New York, through numerous governors, legislators, mayors and public officials; and

"WHEREAS, Throughout their long history, the Irish have been ardent in their passion for liberty, hatred of oppression and renowned for their loyalty. And thus the Irish have, from the beginning, been prominent in the defense of this nation, with twenty of George Washington's generals and an estimated quarter of his army being composed of Irish Americans, among them Timothy Murphy, a hero of the pivotal battle of Saratoga, New York; and

"WHEREAS, Irish Americans have distinguished themselves ever since whenever their country has called on them, as typified in the storied 'Fighting 69th' of New York who fought with courage and sacrifice on the battlefields of the American Civil War and World War I and whose Gaelic battle cry of 'Faugh an Beallach' is still heard this day in Iraq and Afghanistan in defense of our country; and

"WHEREAS, The first Congressional Medal of Honor for the current conflict in Afghanistan was awarded to Navy Seal Lieutenant Michael P. Murphy of Smithtown, New York, who made the supreme sacrifice for his country; and

"WHEREAS, Millions of Irish arrived in New York City in the mid-19th century, escaping hunger and injustice in their homeland. New York has long been a haven for immigrants, being the home of the 'golden door' of Ellis Island, where the first immigrant to enter through its passages to a new life in America was 15 year-old Annie Moore of Cork, Ireland; and

"WHEREAS, Irish immigrants and their descendants have contributed to the building of this great society not only by the laying of railroads and the building of physical bridges, but also by building bridges of the mind amongst all people through the founding of numerous schools, colleges and universities, enhancing the quality of every phase of life for all New Yorkers; and

"WHEREAS, Irish American women have a long and proud tradition of being visionaries and trailblazers, whether it be Annie Sullivan, the teacher of Helen Keller, crusading journalist Nelly Bly, or New York's own Colonel Eileen Collins, the first woman to command a space shuttle; and

"WHEREAS, Since 1762, Irish New Yorkers have been faithfully celebrating the feast of St. Patrick every March 17th, wherein they renew their connections to the land of their ancestry, pass on their traditions to the next generation, and share their pride through joyous festivities enjoyed by all New Yorkers irrespective of ethnicity; and

"WHEREAS, Irish Americans have made an indelible impression upon every human endeavor in art, music, literature, science, film, dance, theatre, sports, education, law, finance, and politics and shall continue to embellish New York's shining future, reflecting the noble past of this mighty race, with all the strength, resilience, humor and hospitality of the Irish character. Thus it is most fitting to set aside this month to highlight and honor the history and heritage of the Irish Americans and to remember and pay tribute to the contributions they have made to our state and our nation; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to memorialize Governor Andrew M. Cuomo to proclaim March 2013 as Irish American Heritage Month in the State of New York; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to The Honorable Andrew M. Cuomo, Governor of the State of New York."

ACTING PRESIDENT SAVINO:Senator O'Carlucci on the resolution.

SENATOR CARLUCCI:Thank you, Madam President.

I rise today to ask Governor Cuomo to proclaim March as Irish American Heritage Month. And I'm so honored that today in the gallery we have joining with us some proud members of the Irish American community right here, joining us today, members of the AOH.

Actually, in Rockland County, in Pearl River, the Ancient Order of Hibernians, we have the largest Ancient Order of Hibernians in the State of New York and also in the country right in Pearl River.

And we have a proud tradition in Pearl River where we have a St. Patrick's Day parade, one of the largest in the nation. This year it will be on St. Patrick's Day, the 17th, in two Sundays.

But we have with us today Neil Cosgrove, Katie Basler, Phil and Linda Sheridan, Eileen Moore. And these are members of the community that when they're needed, they help out wherever they can.

And unfortunately, just last week we had to gather and rally and talk about an unfortunate issue that was going on in our community where a store was selling offensive material. And we rose to the occasion, stood up, spoke out and talked about how this is so offensive to people and it's degrading to our community. So we rose up, we spoke out and asked this store to stop doing what they were doing.

We're so honored to have this proclaimed as Irish American Heritage Month. Because believe it or not, 22 of our presidents have been of Irish descent, including our current president, Barack Obama. We've had many governors. We've actually had nine signers of the Declaration of Independence of Irish American heritage. So it is so fitting that we proclaim this month Irish American Heritage Month.

So I'll be voting in favor of the resolution, and I encourage my colleagues to do the same.

Thank you, Madam President.

ACTING PRESIDENT SAVINO:Thank you.

Are there any other Senators wishing to be heard on the resolution?

(No response.)

ACTING PRESIDENT SAVINO:This resolution was previously adopted on February 12th.

And I know that Senator O'Carlucci would be happy to have any other member who would like to be on the resolution; I'm sure you would open it up to all others. And anyone who does not want to be on the resolution, please notify the desk.

Senator LaValle.

SENATOR LaVALLE: I believe that there is a previously adopted resolution by Senator Marchione, Resolution Number 626, at the desk. I ask that it be read in its entirety.

ACTING PRESIDENT SAVINO:The Secretary will read the resolution.

THE SECRETARY:Legislative Resolution Number 626, by Senator Marchione, honoring Courtney Luskin upon the occasion of her designation as 2013-2014 New York State Dairy Princess.

"WHEREAS, It is the sense of this Legislative Body to acknowledge outstanding individuals whose lives, personal endeavors and community service are an example and inspiration to their colleagues, friends, and family; and

"WHEREAS, Individuals who give of their time and energies and serve the best interests of their communities are an asset beyond remuneration and cannot be sufficiently extolled; and

"WHEREAS, It is also the intent of this Legislative Body to recognize and pay tribute to those individuals whose civic endeavors have enhanced the quality of their community in the great State of New York; and

"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, it is the sense of this Legislative Body to honor Courtney Luskin upon the occasion of her designation as 2013-2014 New York State Dairy Princess; and

"WHEREAS, On Tuesday, February 19, 2013, Courtney Luskin of Hoosic Valley High School was crowned the 2013-2014 New York State Dairy Princess at the Holiday Inn in Liverpool, New York; and

"WHEREAS, Courtney Luskin, who has been Rensselaer County Dairy Princess since the spring of 2012, will devote another year to promoting milk and dairy products with the American Dairy Association and Dairy Council; and

"WHEREAS, As state princess, Courtney Luskin will receive a scholarship and represent the organization at county dairy princess pageants, farm meetings, and special events. She will help train new county promoters at seminars and workshops; and

"WHEREAS, Nineteen county dairy princesses competed in the state pageant, which included a personal interview, an impromptu and prepared speech, a product knowledge test, a writing skills test and informal interaction with others; and

"WHEREAS, Rare indeed is the impressive dedication which Courtney Luskin has demonstrated in achieving the title of 2013-2014 New York State Dairy Princess. She has stood constant in dignity, good grace and humor; and

"WHEREAS, It is the sense of this Legislative Body that when an individual of such noble aims and accomplishments is brought to our attention, she should be recognized by all the citizens of this great Empire State; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to honor Courtney Luskin upon the occasion of her designation as 2013-2014 New York State Dairy Princess; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Courtney Luskin."

ACTING PRESIDENT SAVINO:Senator Marchione.

SENATOR MARCHIONE:Thank you, Madam President, and to my colleagues.

I rise for the purpose of recognizing and honoring Courtney Luskin, a constituent of mine, who is the Rensselaer County Dairy Princess and was recently crowned the 2013-2014 New York State Dairy Princess.

Ms. Luskin, who joins us today with her mother, Jane, up in the Senate gallery, is the 18-year-old daughter of Jane and John Luskin of Rensselaer County. Ms. Luskin is a senior at the Hoosic Valley High School and is also an active member of 4-H and a member of the National Honor Society.

On February 19th, Ms. Luskin was crowned the 50th New York State Dairy Princess at the annual coronation in Syracuse. Having served as the Rensselaer County Dairy Princess since the spring of 2012, Ms. Luskin will devote an additional year to promoting New York's award-winning milk and other dairy products with the American Dairy Association and the Dairy Council.

As state princess, Ms. Luskin will receive a scholarship and represents the Dairy Association and Dairy Council at county dairy princess pageants, farm meetings, and a variety of special events. Ms. Luskin also will help train new county promoters at seminars and workshops.

Nineteen county dairy princesses competed in the prestigious state pageant, which included a personal interview, impromptu and prepared speeches, a product knowledge test, a writing skills test, and informal interaction with others. In being named the 2013-2014 New York State Dairy Princess, Ms. Luskin has continually demonstrated intelligence, dignity, good grace and humor.

Agriculture is New York's number-one industry and the backbone of our state's economy, and for good reason. The hard work, commitment, and dedication of our family farmers and our family dairy farmers will ensure that New York continues to be number one in agriculture.

Madam President and my colleagues, I respectfully request that this body pause in its deliberations to honor Ms. Courtney Luskin, the 2013-2014 New York State Dairy Princess.

Thank you.

ACTING PRESIDENT SAVINO:Thank you, Senator Marchione.

(Applause.)

ACTING PRESIDENT SAVINO:Senator Gipson on the resolution.

SENATOR GIPSON:Thank you.

I just want to echo everything that Senator Marchione just mentioned, because I too come from a dairy district and I border the Senator's district.

And I just want to congratulate Ms. Luskin. And I hope that as you tour the state that you will stop off at Dutchess County and see all the many great dairy farms we have there and help us advocate for a growing economy with dairy farms.

And again, congratulations.

ACTING PRESIDENT SAVINO:Are there any other Senators wishing to be heard on the resolution?

Senator Montgomery.

SENATOR MONTGOMERY:Yes, Madam President. I just would like to congratulate Senator Marchione on this and on recognizing someone, a young person who is symbolic of one of the major industries in our state, dairy farming, and the dairy queen there.

And I just want to say that I hope we always remember that we should be very conscious of the celebrations that we do on the floor here and elsewhere and the statements that we make about how much we respect young people. Because one of the groups that I feel so strongly about and so pleased about is the Future Farmers of America. I always try to make sure I see them and at least say hello to them, and I support them.

They're not from my district, but they certainly reflect a group of young people who I believe will be the future people in our state and in our nation who are going to be part of all of our health in terms of their participation and their knowledge in terms of producing foods in our state and being farmers in our state and preserving the environment in our state.

So I commend you on recognizing her. She is just symbolic, I believe, of the wonderful young people in our state who are carrying the torch for us and on into the future.

So thank you, Madam President.

ACTING PRESIDENT SAVINO:Thank you, Senator Montgomery.

This resolution had been previously adopted on February 28, 2013. And I'm sure that Senator Marchione would be willing to have the resolution opened up to all those who wish to be on it.

Senator LaValle.

SENATOR LaVALLE: Madam President, I believe there is a previously adopted resolution by Senator Kennedy, Resolution Number 180, at the desk. I ask that it be read in its entirety.

ACTING PRESIDENT SAVINO:The Secretary will read the resolution.

THE SECRETARY:Legislative Resolution Number 180, by Senator Kennedy, honoring West Side Neighborhood Housing Services for its outstanding service to the community.

"WHEREAS, It is the sense of this Legislative Body to recognize that the quality and character of life in the communities across New York State are reflective of the concerned and dedicated efforts of those organizations and individuals who would devote themselves to the welfare of their community and its citizenry; and

"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to honor West Side Neighborhood Housing Services for its outstanding service to the community; and

"WHEREAS, West Side Neighborhood Housing Services was founded in 1980 to stop the decline of the West Side and to rebuild housing stock and promote reinvestment in the neighborhood; and

"WHEREAS, West Side Neighborhood Housing Services promotes homeownership by offering homebuyer education and lending money needed for down payments and closing costs; and

"WHEREAS, Furthermore, loans are offered for the rehabilitation of homes in the service area and classes such as Foreclosure Prevention, Landlord/Tenant Mediation, and Post-Purchase classes are offered through West Side Neighborhood Housing Services; and

"WHEREAS, Since its establishment, West Side Neighborhood Housing Services has offered numerous services to its community, including community building programs such as Business/Merchant Relationship, Cleanup Project, Community Outreach and Organizing, Community Planning, Leadership Training, Neighborhood/ Resident Crime Watch, and Tenant Organizing; and

"WHEREAS, West Side Neighborhood Housing Services also offers numerous family health programs, including its Christmas Adopt-A-Family Program as well as financial planning and assistance programs such as Disposition of Foreclosed Property, Down Payment Assistance, Elderly Tax Information, Financial Education, Foreclosure Prevention Training, and its Interest Subsidy Program; and

"WHEREAS, Moreover, West Side Neighborhood Housing Services is committed to green building and home improvement, as seen through its energy conservation programs, environmentally friendly building materials, handyman referrals, home safety and security, indoor environment quality, lead poison prevention, renewable energy resources, and sustainable site planning; and

"WHEREAS, It is the sense of this Legislative Body that when organizations of such noble aims and accomplishments are brought to our attention, they should be celebrated and recognized by all the citizens of this great Empire State; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to honor West Side Neighborhood Housing Services for its outstanding service to the community; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Linda Chiarenza, Executive Director, West Side Neighborhood Housing Services."

ACTING PRESIDENT SAVINO:Senator Kennedy.

SENATOR KENNEDY:Thank you very much.

Concerned, dedicated, and devoted -- those are words that embody the West Side Neighborhood Housing Services. This organization was formed in 1980 with a specific focus on the West Side of Buffalo, to rebuild the housing stock in the community and provide reinvestment in the neighborhood. In short, the organization works every single day to make dreams of homeownership, the American dream, come true.

And as the housing market slowly recovers, the need for the critical services they provide has never been greater. The programs this important agency offers carry customers through the entire process of buying and owning a home and ensures they are fully prepared for the many responsibilities that come with owning a home. These programs are revitalizing Buffalo's neighborhoods, providing safe, affordable and sustainable housing opportunities for all.

I wish to offer my thanks to Linda Chiarenza, who's here with us today -- Linda, if you could stand up -- as well as Laura Sweat, both with the West Side Neighborhood Housing Services, and also to your dedicated staff and incredible team of volunteers as well, who work tirelessly every single day to keep the dream of homeownership alive and well in Western New York. One by one, you are building a better community and improving countless lives in the process.

Thank you very much.

ACTING PRESIDENT SAVINO:Are there any other Senators wishing to be heard?

Seeing none, this resolution was previously adopted on January 24, 2013.

Senator Kennedy, I'm sure, would open it up for cosponsorship.

Senator LaValle.

SENATOR LaVALLE: Madam President, may we please have the noncontroversial reading of the calendar.

ACTING PRESIDENT SAVINO:The Secretary will proceed with the reading of the noncontroversial calendar.

THE SECRETARY:Calendar Number 11, by Senator Dilan, Senate Print 391, an act to amend the Vehicle and Traffic Law.

ACTING PRESIDENT SAVINO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the 30th day.

ACTING PRESIDENT SAVINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT SAVINO:Announce the results.

THE SECRETARY:Ayes, 58. Nays, 1. Senator LaValle recorded in the negative.

ACTING PRESIDENT SAVINO:The bill is passed.

THE SECRETARY:Calendar Number 50, by Senator Ranzenhofer, Senate Print 2118, an act to amend the Public Health Law.

ACTING PRESIDENT SAVINO:Read the last section.

THE SECRETARY:Section 15. This act shall take effect on the 180th day.

ACTING PRESIDENT SAVINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT SAVINO:Announce the results.

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT SAVINO:The bill is passed.

THE SECRETARY:Calendar Number 60, by Senator Fuschillo, Senate Print 751, an act to amend the Vehicle and Traffic Law.

ACTING PRESIDENT SAVINO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT SAVINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT SAVINO:Announce the results.

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT SAVINO:The bill is passed.

THE SECRETARY:Calendar Number 63, by Senator Maziarz, Senate Print 1055, an act to amend the Vehicle and Traffic Law.

ACTING PRESIDENT SAVINO:Read the last section.

THE SECRETARY:Section 3. This act shall take effect on the 90th day.

ACTING PRESIDENT SAVINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT SAVINO:Announce the results.

THE SECRETARY:Ayes, 58. Nays, 1. Senator Rivera recorded in the negative.

ACTING PRESIDENT SAVINO:The bill is passed.

THE SECRETARY:Calendar Number 67, by Senator Klein, Senate Print 3041, an act to amend the Vehicle and Traffic Law.

ACTING PRESIDENT SAVINO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the 180th day.

ACTING PRESIDENT SAVINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT SAVINO:Announce the results.

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT SAVINO:The bill is passed.

THE SECRETARY:Calendar Number 77, by Senator Bonacic, Senate Print 883, an act to amend the Education Law.

ACTING PRESIDENT SAVINO:Read the last section.

THE SECRETARY:Section 4. This act shall take effect on the 180th day.

ACTING PRESIDENT SAVINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT SAVINO:Announce the results.

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT SAVINO:The bill is passed.

Senator LaValle, that completes the reading of the noncontroversial calendar.

SENATOR LaVALLE: Madam President, is there any other business at the desk?

ACTING PRESIDENT SAVINO:Senator LaValle, there is no further business at the desk.

SENATOR LaVALLE: Well, there being no further business, I move we adjourn until Tuesday, March the 5th, at 3:00 p.m.

ACTING PRESIDENT SAVINO:On motion, the Senate stands adjourned until Tuesday, March 5th, at 3:00 p.m.

(Whereupon, at 4:01 p.m., the Senate adjourned.)