Gaveled in 3:34 PM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 16, 2013
3:34 p.m.
REGULAR SESSION
SENATOR DAVID J. VALESKY, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT VALESKY:The Senate will come to order.
I ask everyone present to please rise and repeat with me the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT VALESKY:Would everyone please remain standing.
Senator Skelos.
SENATOR SKELOS:Mr. President, we all know and have seen accounts of the cowardly terrorism that was committed on our neighbors and fellow United States citizens during the Boston Marathon.
And at this time I'd ask us all to stand in a moment of prayer for those who lost their lives, for those who have been injured, for those families that will be traumatized for the rest of their lives. May they find peace and may our government find those who perpetrated those horrible crimes and they be brought to justice.
ACTING PRESIDENT VALESKY:Per Senator Skelos's request, a moment of silence.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT VALESKY:Thank you.
Our invocation today is by Pastor Gilford Monrose, from Mount Zion Church of God in Brooklyn.
PASTOR MONROSE:Let us pray.
Our Father in Heaven, in Whom we live and move and have all being, as we take this moment to remember our fellow citizens in Boston who lost their lives, the injured, their family and friends, we look to You, O God, to have mercy on this nation and the great State of New York, our lawmakers who carry the burden to maintain our wonderful freedom.
Grant us domestic tranquility in the face of reckless evil. Arise, O God, and save us from ourselves.
We pray for each member of the Senate -- the Speaker, Republicans and Democrats, both present and absent. Give our lawmakers divine wisdom to pass laws that are moral, sound, and financially responsible. We pray for their health and safety.
Help us to remember the poor among us, not only the rich and the middle class. Be with us as we face the difficult times ahead. May today's session be productive and pleasing in Your sight.
And now let the words of our mouth and the meditation of our hearts be acceptable in Thy sight, O Lord, our Strength and our Redeemer.
Amen.
ACTING PRESIDENT VALESKY:The reading of the Journal.
The Secretary will read.
THE SECRETARY:In Senate, Monday, April 15th, the Senate met pursuant to adjournment. The Journal of Friday, April 12th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT VALESKY:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from state officers.
Motions and resolutions.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
Before I get into motions, I want to welcome our shadows today. We have a number of young people here today, sponsored by the League of Women Voters, and they are here to learn the legislative process.
And they have spent some time in the Capitol, I know they've spent time with each of the members of this house, and they are now going to watch an orderly and productive session take place of the State Senate, and hopefully will actually learn from it.
So I would ask my colleagues if we could just take a minute and gave a round of applause for our shadows today that are being sponsored by the League of Women Voters.
(Applause.)
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President. I do have some motions.
On behalf of Senator DeFrancisco, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause. And that would be Senate Print 4230.
ACTING PRESIDENT VALESKY:So ordered.
SENATOR LIBOUS:And on behalf of Senator Golden, Mr. President, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause: Senate Print 4591, by Senator Golden.
ACTING PRESIDENT VALESKY:So ordered.
SENATOR LIBOUS:Mr. President, at this time I would like you to recognize Senator Carlucci to address the body.
ACTING PRESIDENT VALESKY:Senator Carlucci.
SENATOR CARLUCCI:Thank you, Mr. President.
It's an honor and a privilege to welcome back to the chamber Lauren Shields. Lauren Shields is the recipient of a heart transplant. And thanks to the hard work and the dedication here in this chamber and the work that Lauren Shields has done over the last couple of years, with your help we passed Lauren's Law.
And to put it into context, what is Lauren's Law? Well, right now in New York State we have over 10,000 men, women and children currently waiting for a lifesaving organ transplant. And unfortunately, in New York we lag behind almost every other state when it comes to the percentage of people enrolled in the organ donor program.
In fact, when Lauren and I first teamed up almost three years ago, the percentage was at 18 percent. Eighteen percent of eligible New Yorkers participated. That's compared to 42 percent on the national level.
Well, we figured we could do more. And thanks to Lauren Shields and the thousands of Laurens around the state and the advocates that are here today to promote organ donation, those numbers have increased. We're now at 21 percent in New York State, and we're continuing to move forward.
But thanks to the work that you've done here in passing Lauren's Law, that bill will take effect at the end of this year. And when people go into the Department of Motor Vehicles, they're going to be asked a question: "Would you like be a organ donor? Yes or skip the question." And we believe by asking that question and doing what other states have done, we're going to increase those numbers tremendously.
So it's an absolute honor and a privilege to have Lauren Shields back in the chamber. Thank you for your hard work and dedication.
We also have, right next to her, Jennifer Lentini. Jennifer Lentini lives in Senator Hannon's district. And Jennifer received a heart transplant when she was 13 years old. And now she's 30 years old, living in Long Island a productive, healthy life. And it's so good to see you here today.
So on behalf of Senator Hannon, on behalf of the Senate and all the New Yorkers that have received an organ transplant, that are waiting for an organ transplant, we say thank you.
So keep up the great work, and we look forward to doing great things in this chamber and partnering with you and the advocates.
Thank you so much.
(Applause.)
ACTING PRESIDENT VALESKY:Senator Skelos.
SENATOR SKELOS:Yes, Mr. President, I'd like to mention that as of right now we are working with the Red Cross to see if blood donations will be necessary for Massachusetts. If they do inform us so, we will start a blood drive within the Senate.
And I'd also like to wish my colleague Senator Tom Libous a happy birthday.
ACTING PRESIDENT VALESKY:Happy birthday, Senator Libous.
(Applause.)
SENATOR LIBOUS:It's good to be 39.
(Laughter.)
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:I believe you should at this time recognize Senator O'Brien to address the body, and then Senator Gianaris.
ACTING PRESIDENT VALESKY:Senator O'Brien.
SENATOR O'BRIEN:Thank you, Mr. President, for this brief opportunity to introduce to everyone in this chamber some very dear friends of mine.
Vinnie and Jennifer Esposito have traveled here from Rochester today. They're in Albany in recognition of their efforts to highlight and bring public awareness to something called congenital diaphragmatic hernia.
They're traveling with Heather Goetzman, a nurse practitioner for pediatric surgery, who worked with their daughter, Amazing Grace Esposito, during her entire and all too short life. And they're also here today with Despina Mitchell, whose son is a CDH survivor.
And I'd ask you to recognize them. If you'd please stand, our traveling tandem there. Thank you for being here.
Congenital diaphragmatic hernia affects as many as 1,600 infants annually in the United States with substantial and frequently fatal pulmonary, gastrointestinal and developmental consequences. And despite a frequency as great as cystic fibrosis and spina bifida, CDH is relatively unknown.
And the Espositos have used their somewhat public profile in the Rochester area to greatly increase awareness of CDH, and also should be commended as their own individual efforts have led to an amount that nears $100,000 for the Golisano Children's Hospital in Rochester.
And I'd ask my colleagues to join me in thanking them for their efforts on all of our behalf. Thank you.
(Applause.)
ACTING PRESIDENT VALESKY:Senator Gianaris on the same topic.
SENATOR GIANARIS:Thank you, Mr. President.
At a time when the nation is riveted by the loss of a child, among others, in Boston, I do want to join my colleague Senator O'Brien in welcoming Vinnie and Jennifer to our chamber. They are dear friends and have gone through a loss of their own that they have handled with dignity, with respect, and with a purpose, which is why they are here advocating for such an important cause today.
And I didn't want to let the opportunity pass without lending my words of welcome to them as well.
ACTING PRESIDENT VALESKY:Thank you, Senator Gianaris.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
I believe there's a privileged resolution by Senator Little, Number 1226, at the desk. I'd ask that you read it in its entirety and then, before its adoption, if you would call on Senator Little.
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1226, congratulating the Lake George Varsity Boys Basketball Team upon the occasion of capturing the 2013 New York State Class C Championship.
"WHEREAS, Excellence and success in competitive sports can be achieved only through strenuous practice, team play and team spirit, nurtured by dedicated coaching and strategic planning; and
"WHEREAS, Athletic competition enhances the moral and physical development of the young people of this state, preparing them for the future by instilling in them the value of teamwork, encouraging a standard of healthy living, imparting a desire for success, and developing a sense of fair play and competition; and
"WHEREAS, The Lake George Varsity Boys Basketball Team captured the Class C New York State Public High School Athletic Association Boys Basketball Championship with a 55-45 upset win over No. 1 Pine Plains at the Glens Falls Civic Center; and
"WHEREAS, Outsized, the Lake George Warriors overcame the substantial height advantage of Pine Plains and defeated the Bombers in front of 5,000 fans; and
"WHEREAS, The athletic talent displayed by the 2012-2013 Lake George Varsity Boys Basketball Team is due in great part to the efforts of Head Coach Dave Jones, a skilled and inspirational mentor, respected for his ability to develop potential into excellence; and
"WHEREAS, The team's undefeated record is outstanding, and the team members were loyally and enthusiastically supported by family, fans, friends and the community at large; and
"WHEREAS, The hallmarks of the 2012-2013 Lake George Varsity Boys Basketball Team, from the opening game of the season to capturing the Class C New York State Public High School Athletic Association Boys Basketball Championship, were a brotherhood of athletic ability, of good sportsmanship, of honor and of scholarship, demonstrating that these team players are second to none; and
"WHEREAS, Athletically and academically, the team members have proven themselves to be an unbeatable combination of talents, reflecting favorably on their school and community; and
"WHEREAS, Sports competition instills the values of teamwork, pride and accomplishment. Head Coach Dave Jones and the 2012-2013 Lake George Varsity Boys Basketball Team's outstanding athletes have clearly made a contribution to the spirit of excellence which is a tradition of their school; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to congratulate the 2012-2013 Lake George Varsity Boys Basketball Team; its members: Tyler Brown, Kyle Jones, Joel Wincowski, Zack Zayachek, Andrew Zibro, Tyler Prime, Connor McCoy, Alex Labruzzo, Greg Rosenthal, Ethan Wincowski, Matt Bureau, Duncan Mularz, Nate Fidd and Jeff Naftaly; Head Coach Dave Jones, Assistant Coaches Tim Kissane, Greg Luckenbaugh and Blake White, and Manager Willie Arnold, on their New York State Class C Championship, their outstanding season and league championship, and their overall team record; and be it further
"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to the 2012-2013 Lake George Varsity Boys Basketball Team and to Head Coach Dave Jones."
ACTING PRESIDENT VALESKY:Senator Little on the resolution.
SENATOR LITTLE:Thank you, Mr. President.
Everyone's heard me stand and congratulate basketball teams as they won the New York State championship in Glens Falls, New York, where we have our own March Madness -- and we had it this year from March 15th to March 17th. We have hosted the New York State High School Basketball Tournament, as I said, for 33 years. And in all those years that I've been in the Legislature, I have never had a team that won the championship.
So this year I ask you to join me as I recognize not one team who won a state championship from my district, but two teams.
We're going to begin, if we can, with the Class C Championship New York State Boys Basketball Team. As it was said, they played Pine Plains. They won the championship game.
Joel Wincowski is the MVP for the Class C Tournament. And Joel in that particular game, the championship game, scored 33 points, six steals, four rebounds, and four assists. But he had plenty of help from his teammates as well in a fairly low-scoring game but with a lot of defense and coming off with a 10-point win. He was named MVP. Incidentally, he scored his thousandth point as a sophomore at Lake George High School.
He's joined by Connor McCoy, who won the Sportsmanship Award, and his brother Ethan, who is captain of the team, who was named to the All-Tourney Team, Ethan Wincowski.
They had 5,000 fans -- most of them were Lake George fans at that game. And they were honored by the Village of Lake George, which I think was the first ticker-tape parade in the Village of Lake George. I was able to attend that.
As much as I love this basketball tournament, I had a son who decided to get married that weekend in New York City, so I did not get to see the games but did watch on television.
Their head coach, Dave Jones, was named the Post-Star Coach of the Year.
And I would ask you to join me and would ask the team members to stand as I call their names and we honor them. Tyler Brown, Kyle Jones, Joel Wincowski, Zack Zayachek, Andrew Zibro, Tyler Prime, Connor McCoy, Alex Labruzzo, Greg Rosenthal, Ethan Wincowski, Matt Bureau, Duncan Mularz, Nate Fidd, Jeff Naftaly, Manager Willie Arnold, and their coaches: Head Coach Dave Jones, Tim Kissane, Greg Luckenbaugh, and Blake White.
They had a great season and a tremendous amount of teamwork on their part, and excellent coaching by the coaching staff. As was said, they never expected in their first game that they would end up with the New York State Boys Championship. But congratulations to the team.
And I'm sure anyone who would like to join in the resolution honoring them is more than welcome.
Congratulations.
(Applause.)
ACTING PRESIDENT VALESKY:Senator DeFrancisco on the resolution.
SENATOR DeFRANCISCO: Just very briefly, being from Syracuse, New York, where we have all kinds of champions in basketball and everything else -- it's the Sports Capital of the world --
(Laughter.)
SENATOR DeFRANCISCO: -- I just had to rise and congratulate all of you.
There's two things I wanted to mention. The first thing that jumped out at me in this resolution, it says: "WHEREAS, Outsized, the Lake George Warriors overcame a substantial height advantage." I can relate to that.
(Laughter.)
SENATOR DeFRANCISCO: And it's very important to be quick. And when we outsized people fall, we don't get hurt because we're closer to the ground. So we keep getting up.
Secondly, I'm happy that there's two teams in Senator Little's district, because we've heard about Jimmy Fredette for the last 10 years.
(Laughter.)
SENATOR DeFRANCISCO: Jimmer. Jimmer, excuse me.
So now we've got some new heroes that we can praise. And congratulations on your great work.
ACTING PRESIDENT VALESKY:The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT VALESKY:Opposed, nay.
(No response.)
ACTING PRESIDENT VALESKY:The resolution is adopted.
Congratulations to the Lake George Varsity Boys Basketball Team.
Senator Libous.
SENATOR LIBOUS:Mr. President and Senator DeFrancisco, Senator Little would like you to know that she will open this up for sponsorship. And if members don't want to be on it, then they can tell the desk that they don't want to be on it.
At this time I believe there's another privileged resolution at the desk by Senator Little, Number 1227, and I ask that we read it in its entirety.
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1227, by Senator Little, congratulating the Argyle Varsity Boys Basketball Team upon the occasion of capturing the 2013 New York State Class D Championship.
"WHEREAS, Excellence and success in competitive sports can be achieved only through strenuous practice, team play and team spirit, nurtured by dedicated coaching and strategic planning; and
"WHEREAS, Athletic competition enhances the moral and physical development of the young people of this state, preparing them for the future by instilling in them the value of teamwork, encouraging a standard of healthy living, imparting a desire for success, and developing a sense of fair play and competition; and
"WHEREAS, The Argyle Varsity Boys Basketball Team captured the Class D New York State Public High School Athletic Association Boys Basketball Championship with a 58-33 win over Martin Luther King of Hastings-on-Hudson at the Glens Falls Civic Center; and
"WHEREAS, Capping a perfect 24-0 season, the Scots of Argyle won their first New York State Class D Championship. The game was close in the beginning, but the Scots used a furious charge through the third quarter to finish in dominating fashion; and
"WHEREAS, The athletic talent displayed by the 2012-2013 Argyle Varsity Boys Basketball Team is due in great part to the efforts of Head Coach Jack Sherwin, a skilled and inspirational mentor, respected for his ability to develop potential into excellence; and
"WHEREAS, The team's undefeated record is outstanding, and the team members were loyally and enthusiastically supported by family, fans, friends and the community at large; and
"WHEREAS, The hallmarks of the 2012-2013 Argyle Varsity Boys Basketball Team, from the opening game of the season to capturing the Class D New York State Public High School Athletic Association Boys Basketball Championship, were a brotherhood of athletic ability, of good sportsmanship, of honor and of scholarship, demonstrating that these team players are second to none; and
"WHEREAS, Athletically and academically, the team members have proven themselves to be an unbeatable combination of talents, reflecting favorably on their school and community; and
"WHEREAS, Sports competition instills the values of teamwork, pride and accomplishment. Head Coach Jack Sherwin and the 2012-2013 Argyle Varsity Boys Basketball Team's outstanding athletes have clearly made a contribution to the spirit of excellence which is a tradition of their school; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to congratulate the 2012-2013 Argyle Varsity Boys Basketball Team, its members James Bristol, Greg Haskins, Jake Horton, Jon Jehring, Brock Liddle, Joey Lufkin, Del Pryce, Aaron Rosati, Brett Schmaler and Riley Schmaler, with Managers Peyton Lufkin and Tyler Humiston and Head Coach Jack Sherwin and Coach Dave Clatworthy, on their New York State Class D Championship, their outstanding season and league championship, and their overall team record; and be it further
"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to the 2012-2013 Argyle Varsity Boys Basketball Team and to Head Coach Jack Sherwin."
ACTING PRESIDENT VALESKY:Senator Little on the resolution.
SENATOR LITTLE:Thank you, Mr. President.
While the Lake George team began the season not even thinking about being the state champion, but hoping it, the Argyle basketball team, which has won the Class D Boys Championship, began the season as the number-one-ranked team in Class D in New York State. So they had something much more that they had to keep up with to make it to the finals, to make it to Glens Falls Civic Center.
They had the number-one ranking all season long. They ended the season at 24 and 0, being totally undefeated in every game they played. This is the first time that Argyle has won the state championship, although not the first that they have made it to the finals. They were there in 1979, 1991, and then being the winner here in 2013. And we're really proud to have them there.
I will tell you that Argyle is a very small town, but I don't think there was anyone in Argyle that did not attend their basketball games. I actually tried to go to the regional final, which was the Argyle and Madrid-Waddington game, and I couldn't get in -- and I was there 10 minutes ahead of time -- because the place was absolutely packed, as was the Civic Center when they played there.
We're honoring the team today for their entire teamwork. In this particular game, although the score sounds very lopsided, 58 to 33, playing Martin Luther King High School from Hastings-on-Hudson, at halftime Argyle was only ahead by two points. So I'd love to hear a tape of what went on in the locker room during that halftime, but they came out and at one point did a 12-to-0 run within three minutes and really cemented their win on the game.
Joey Lufkin was their MVP, scoring 27 points in that game, and he really played the season very, very well and had a tremendous following. Brock Liddle -- and I have to tell you that's Liddle with a "dd," not "tt" -- is the Sportsmanship Awardee of the Year for Class D. And Del Pryce was also on the All-Tourney Team.
So I would ask you to join me in honoring them, and I will call out their names and ask them to stand as we go forward. James Bristol, Greg Haskins, Jake Horton, Jon Jehring, Brock Liddle, Joey Lufkin, Del Pryce, Aaron Rosati, Brett Schmaler, Riley Schmaler, and our managers Peyton Lufkin and Tyler Humiston, and their coach, long-time Head Coach Jack Sherwin, who took the 1991 team to the finals, made it as runner-up, and Coach Dave Clatworthy.
Believe me, the Town of Argyle is extremely proud of them, as is the entire school district, as I am as well. But this is a major achievement.
And it's interesting that both teams are part of the Adirondack League. So it's quite an accomplishment to have two teams, Class C champions, Class D champions, all from one area.
But thank you very much for being here, and thank you for joining me.
(Applause.)
ACTING PRESIDENT VALESKY:The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT VALESKY:Opposed, nay.
(No response.)
ACTING PRESIDENT VALESKY:The resolution is adopted.
Congratulations to the Argyle Varsity Boys Basketball Team.
Senator Libous.
SENATOR LIBOUS:Mr. President, I believe, Senator Little, you would like to open this resolution up. So all members will be placed on the resolution. If you choose not to be on, please let the desk know.
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:I believe at this time Senator Breslin has a resolution, Number 1178, at the desk. I ask that it be read in its entirety and that you call on Senator Breslin before its adoption.
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1178, by Senator Breslin, congratulating the College of St. Rose Women's Soccer Team upon the occasion of its outstanding 2012 season.
"WHEREAS, Excellence and success in competitive sports can be achieved only through strenuous practice, team play and team spirit, nurtured by dedicated coaching and strategic planning; and
"WHEREAS, Athletic competition enhances the moral and physical development of the young people of this state, preparing them for the future by instilling in them the value of teamwork, encouraging a standard of healthy living, imparting a desire for success, and developing a sense of fair play and competition; and
"WHEREAS, The 2012 College of St. Rose Women's Soccer Team compiled an extraordinary season. Its overall record was an outstanding 20-3-2, including a 15-1-2 regular-season record and a superlative 12-1-2 conference performance; and
"WHEREAS, Capturing the Northeast-10 Regular Season Title for the seventh consecutive season, the Golden Knights won the NCAA East Region Championship for the fifth successive year; and
"WHEREAS, Ranked number one in the nation for five weeks during the season, the 2012 College of St. Rose Women's Soccer Team's final NSCAA ranking was fourth in the country; and
"WHEREAS, The 2012 College of St. Rose Women's Soccer Team advanced to the Final Four NCAA Division II Championships for the fifth year in a row; and
"WHEREAS, For the 12th consecutive year, the College of St. Rose Women's Soccer Team was named the NSCAA Academic All-American Team; and
"WHEREAS, The athletic talent displayed by this team is due in great part to the efforts of Head Coach Laurie Darling Gutheil, a skilled and inspirational tutor, respected for her ability to develop potential into excellence; and
"WHEREAS, The hallmarks of the 2012 College of St. Rose Women's Soccer Team, from the opening game of the season to participation in the Final Four NCAA Division II Championships, were a sisterhood of athletic ability, of good sportsmanship, of honor and of scholarship, demonstrating that these team players are second to none; and
"WHEREAS, Athletically and academically, the 2012 College of St. Rose Women's Soccer Team members have proven themselves to be an unbeatable combination of talents, reflecting favorably on their school; and
"WHEREAS, Coach Gutheil has done a superb job in guiding, molding and inspiring the 2012 College of St. Rose Women's Soccer Team members toward their goals; and
"WHEREAS, Sports competition instills the values of teamwork, pride and accomplishment, and Coach Gutheil and the 2012 College of St. Rose Women's Soccer Team's outstanding athletes have clearly made a contribution to the spirit of excellence which is a tradition of their school; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to congratulate the 2012 College of St. Rose Women's Soccer Team, its members and Coach Gutheil on their outstanding season, overall team record, capturing both the Northeast-10 Regular Season Title and NCAA East Region Championship, and Final Four NCAA Tournament participation; and be it further
"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to the members of the 2012 College of St. Rose Women's Soccer Team, and to Head Coach Laurie Darling Gutheil."
ACTING PRESIDENT VALESKY:Senator Breslin on the resolution.
SENATOR BRESLIN:Thank you, Mr. President.
We do recognize athletic teams frequently here, but rarely do we get the chance, it seems, to recognize one particular team year after year after year. And by that I'm referencing the St. Rose Women's Soccer Team, who has compiled this past year an outstanding record, winning its league again, finishing fourth in the country.
And we talk about the Final Four. St. Rose was in the Final four for the fifth straight year, a coed college located right in the heart of Albany that happens to be a school where our dear Senator Betty Little graduated from.
But when you talk about their athletic ability, it doesn't recognize that for the seventh straight year its league has recognized them as the Academic All-American Team.
So when you combine athleticism with academic ability and then it's a year after year process, there must be some part of that formula that brings them together. And that's their coach, Laurie Darling Gutheil. And year after year she inspires, she motivates, she makes sure she brings in young girls, young women with potential, young women with athletic ability, and she molds them into a winning team which has become nationally recognized.
So it's my privilege to stand here today to recognize again, as I have in the last several years, the St. Rose Women's Soccer Team that finished fourth in the country Division II this year.
Thank you, Mr. President.
(Applause.)
ACTING PRESIDENT VALESKY:The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT VALESKY:Opposed, nay.
(No response.)
ACTING PRESIDENT VALESKY:The resolution is adopted.
Congratulations to the College of St. Rose Women's Soccer Team.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
I believe Senator Breslin would like to open this up for cosponsorship. So as it goes in the house, you will all go on the resolution. Unless if someone for some reason would like otherwise, they should let the desk know.
Mr. President, could we now take up the reading of the noncontroversial calendar.
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:Calendar Number 9, by Senator Martins, Senate Print 306, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 22, by Senator Fuschillo, Senate Print 1941, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 18. This act shall take effect on the 90th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Robach to explain his vote.
SENATOR ROBACH:Yes, Mr. President, just very quickly.
I want to applaud Senator Fuschillo for bringing this to the bill to the floor, and really the whole Legislature.
During the last decade plus, the increase in penalties, the public awareness, doing legislation like this to increase usage of technology has cut down alcohol-related fatalities in New York State by 50 percent. So I think it's good that we use today's technology to continue to try and save lives, like this interlock ignition device.
And so I'm happy to cast my vote in the affirmative and thank Senator Fuschillo in particular, as well as everyone else who's led the charge on these lifesaving measures.
Thank you.
ACTING PRESIDENT VALESKY:Senator Robach to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 60. Nays, 1. Senator Hassell-Thompson --
SENATOR HASSELL-THOMPSON:I wanted to explain my vote, Mr. President.
ACTING PRESIDENT VALESKY:Senator Hassell-Thompson to explain her vote.
SENATOR HASSELL-THOMPSON:I didn't want to lay this aside to ask questions, but I always had a concern about the liability of the ownership of the car if in fact the owner was not in fact the subject of this bill.
And because I continue to have some confusion about that, I will continue to vote no even though I understand the intent of the bill.
Thank you, Mr. President.
ACTING PRESIDENT VALESKY:Senator Hassell-Thompson to be recorded in the negative.
Announce the results.
THE SECRETARY:Ayes, 60. Nays, 1. Senator Hassell-Thompson recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 59, by Senator Fuschillo, Senate Print 742, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect one year after it shall have become law.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 258, by Senator Lanza, Senate Print 2475, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 7. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 262, by Senator Zeldin, Senate Print 3805, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 7. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Zeldin to explain his vote.
SENATOR ZELDIN:Thank you, Mr. President.
This important legislation helps provide for the safety and security of our children and our families. Public lewdness is a nuisance crime with at times significant victim impact.
The laws currently on the books are inadequate to crack down on the disgusting conduct of some of these criminals. Just over one year ago in my Senate district, at a well-known children's restaurant, a repeat public-lewdness offender was exposing himself in front of two young 12-year-old girls. This person had 10 prior public lewdness offenses committed in public libraries, retail chain stores, a beach, and in the children's section of a well-known retail bookstore where he was captured on a videotape masturbating.
Furthermore, in Nassau and Suffolk Counties combined, the offender has five public lewdness convictions, four endangering the welfare of a child convictions, and one conviction for stalking. The man's conduct in February of 2012 should have been a felony.
I'd like to thank Parents for Megan's Law, the Crime Victims Center in Stony Brook, the Suffolk County Police, and of course all of my Senate colleagues for your support of this initiative.
I think that the times of the lives of these young girls and the way that they were impacted, hopefully the victimization of them and moving forward -- unfortunately, as others unfortunately turn into victims -- this offense is cracked down stronger, so that there's more of a punishment and deterrence so they can be avoided at all costs. We need to protect our families and our children from such conduct.
I vote aye.
ACTING PRESIDENT VALESKY:Senator Zeldin to be recorded in the affirmative.
Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you.
With respect to Senator Zeldin -- and I understand the issue, but I feel that this bill is not well thought out and is too broad in its impact.
Certainly public lewdness is not acceptable. And there are many definitions under the law. I feel that if someone is actually caught in public lewdness multiple times, the issue is probably one of a mental health problem that needs to be addressed, and nowhere does this bill address it.
My biggest concern, though, is this bill also defines someone as a sexual predator under our registration laws. And while sexual predator attacks on human beings are some of the most atrocious things we've seen, I think there is a danger from defining public lewdness within the concept of sexual predator activities and equal penalties.
So I would love to work with the Senator on a bill that I think addresses the concern and deals with the problem. But I don't believe that this bill is the right answer for my agreement with him on the problem.
I'll be voting no. Thank you.
ACTING PRESIDENT VALESKY:Senator Krueger to be recorded in the affirmative.
Senator Montgomery to explain her vote.
SENATOR MONTGOMERY:Yes, Mr. President. I am also rising to oppose this legislation, as I have in the past.
And one of the issues that I raise today and that I have raised before is that it includes observation of someone who is naked or partially naked from either a public place or from other private premises.
And I must say that I live in a building that has, across the way from me, a dormitory. And I'm not certain that many of the students in the dorm realize that their windows are not covered adequately, or at all, and that they are in fact parading around in various forms of lewdness as this bill defines it.
However, certainly it doesn't disturb me. They're not trying to have any kind of activity that is inappropriate for me or anyone else. But it's very possible that some of those students could be part of this legislation.
And I just think, as Senator Krueger has indicated, it goes way too far. And I believe that we are really talking about situations where people are probably mentally ill. I don't think most people parade around lewdly if they are at their normal wits.
So I'm opposing this because I think it has the potential of doing much more harm to people than trying to protect the public.
So I vote no.
ACTING PRESIDENT VALESKY:Senator Montgomery to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 262, those recorded in the negative are Senators Hassell-Thompson, Krueger, Montgomery and Perkins. Also Senator Espaillat.
Ayes, 56. Nays, 5.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 263, by Senator Griffo, Senate Print 4006A, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: I certainly have nothing against employees of the Office of Children and Family Services. But I've voted no on bills like this many, many times because the exception is getting almost greater than the rule of when a crime becomes an assault in the third degree to assault in the second degree.
So maybe if I'm here long enough, every human being will be elevated from assault third to assault second if they're a victim and then we don't have to keep adding all the other categories.
So I'm going to vote no.
ACTING PRESIDENT VALESKY:Senator DeFrancisco to be recorded in the negative.
Announce the results.
THE SECRETARY:Ayes, 60. Nays, 1. Senator DeFrancisco recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 269, by Senator Griffo, Senate Print 2494, an act to amend the Banking Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
Senator Libous, that completes action on the noncontroversial calendar.
SENATOR LIBOUS:Thank you, Mr. President.
Is there any further business at the desk?
ACTING PRESIDENT VALESKY:Only to wish you a happy birthday and enjoy the rest of your day.
SENATOR LIBOUS:Well, thank you, Mr. President.
If there's no further business at the desk, I move that the Senate adjourn until Wednesday, April 17th, at 11:00 a.m.
ACTING PRESIDENT VALESKY:On motion, the Senate stands adjourned until Wednesday, April 17th, at 11:00 a.m.
(Whereupon, at 4:18 p.m., the Senate adjourned.)
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