Gaveled in 11:15 AM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 1, 2013
11:15 a.m.
REGULAR SESSION
SENATOR JOHN FLANAGAN, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT FLANAGAN:The Senate will come to order.
I ask everyone present to please rise and recite the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT FLANAGAN:Today's invocation will be by Reverend Dale Jensen, the senior pastor of the Saratoga Abundant Life Church in Saratoga Springs.
(Pause.)
ACTING PRESIDENT FLANAGAN:And in lieu --
(Laughter.)
ACTING PRESIDENT FLANAGAN:-- of Pastor Jensen, I would respectfully ask for everyone to observe a moment of silence.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT FLANAGAN:The reading of the Journal.
THE SECRETARY:In Senate, Tuesday, April 30th, the Senate met pursuant to adjournment. The Journal of Monday, April 29th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT FLANAGAN:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 25, Senator Bonacic moves to discharge, from the Committee on Judiciary, Assembly Bill Number 4061 and substitute it for the identical Senate Bill Number 3789, Third Reading Calendar 300.
On page 29, Senator Felder moves to discharge, from the Committee on Children and Families, Assembly Bill Number 2600 and substitute it for the identical Senate Bill Number 4082, Third Reading Calendar 361.
And on page 33, Senator Bonacic moves to discharge, from the Committee on Finance, Assembly Bill Number 2051 and substitute it for the identical Senate Bill Number 2787, Third Reading Calendar 417.
ACTING PRESIDENT FLANAGAN:Substitutions so ordered.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from state officers.
Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, on behalf of Senator Golden, on page number 30 I offer the following amendments to Calendar Number 371, Senate Print Number 4088A, and ask that said bill retain its place on the order of Third Reading Calendar.
ACTING PRESIDENT FLANAGAN:The amendments are received, and the bill will retain its place on the Third Reading Calendar.
Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, will you please recognize Senator Carlucci.
ACTING PRESIDENT FLANAGAN:Senator Carlucci.
SENATOR CARLUCCI:Mr. President, I wish to call up my bill, Print Number 1993, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT FLANAGAN:The Secretary will read.
THE SECRETARY:Calendar Number 5, by Senator Carlucci, Senate Print 1993, an act to amend the Public Health Law.
ACTING PRESIDENT FLANAGAN:The Secretary will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT FLANAGAN:The bill is restored to its place on the Third Reading Calendar.
SENATOR CARLUCCI:Mr. President, I now offer the following amendments.
ACTING PRESIDENT FLANAGAN:The amendments are received, and the bill will retain its place on the Third Reading Calendar.
Senator Carlucci.
SENATOR CARLUCCI:Thank you, Mr. President.
I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause: Bill Number 3783.
ACTING PRESIDENT FLANAGAN:So ordered.
Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, there's a privileged resolution at the desk by Senator Bonacic, Number 1574. I ask that the title be read and move for its immediate adoption.
ACTING PRESIDENT FLANAGAN:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1574, by Senator Bonacic, recognizing Wednesday, May 1st, 2013, as Law Day U.S.A. in the State of New York.
ACTING PRESIDENT FLANAGAN:The question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT FLANAGAN:Opposed, nay.
(No response.)
ACTING PRESIDENT FLANAGAN:The resolution is adopted.
Senator Fuschillo.
SENATOR FUSCHILLO:Senator Bonacic would like to open up the resolution for cosponsorship, Mr. President.
ACTING PRESIDENT FLANAGAN:The resolution is open for cosponsorship. If you do not wish to be a cosponsor, please notify the desk.
Senator Fuschillo.
SENATOR FUSCHILLO:There's a previously adopted resolution by Senator Griffo, Number 918, at the desk. I ask that it be read in its entirety.
ACTING PRESIDENT FLANAGAN:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 918, by Senator Griffo, memorializing Governor Andrew M. Cuomo to proclaim May 2013 as Lupus Awareness Month in the State of New York.
"WHEREAS, Each year, the Lupus Agencies of New York State designate May as Lupus Awareness Month to show support for the 105,400 New Yorkers, 1.5 million Americans, and 5 million people worldwide who suffer from the often debilitating effects of lupus, a chronic autoimmune disease that can cause severe damage to the tissue and organs in the body and, in some cases, death; and
"WHEREAS, Each year thousands of people are newly diagnosed with lupus, the great majority of whom are young people in the prime of their lives, and 90 percent of whom are women; and
"WHEREAS, Lupus is most prevalent among African-Americans, Hispanics, Native Americans and Asians; and tragically, thousands of people die from lupus each year because a cure remains elusive; and
"WHEREAS, Many health professionals are unaware of symptoms and health effects of lupus, causing people with lupus to suffer for many years before they obtain a correct diagnosis and medical treatment, demonstrating the need for increased public and professional awareness of lupus; and
"WHEREAS, Medical research efforts into lupus and the discovery of safer, more effective treatments for lupus patients are underfunded in comparison with diseases of comparable magnitude and severity; and
"WHEREAS, Increasing community awareness and focusing public attention on lupus and its devastating impact on patients' lives will provide hope for a better future for those affected; and
"WHEREAS, The Lupus Agencies of New York State are dedicated to 'improving the quality of life for individuals with lupus and their loved ones by providing education, support and outreach services, and promoting programs of awareness, advocacy, and research'; and
"WHEREAS, This Legislative Body recognizes the needs of those chronically ill people who are living with lupus and urges all citizens to support the search for a cure and assist those individuals and families who deal with this devastating disease on a daily basis; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to memorialize Governor Andrew M. Cuomo to proclaim May 2013 as Lupus Awareness Month in the State of New York; and be it further
"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to The Honorable Andrew M. Cuomo, Governor of the State of New York, and the Lupus Agencies of New York State."
ACTING PRESIDENT FLANAGAN:Senator Savino on the resolution.
SENATOR SAVINO:Thank you, Mr. President.
You know, there's been a lot of discussion around the Capitol for the past few weeks about women's equality, talking about where women are underrepresented in certain areas or underpaid or undertreated. But here today we're going to talk about an issue where there's an overrepresentation of women, and that is the disease of lupus.
On May 10th, for World Lupus Day, more than 100 organizations around this state will be demonstrating or observing Lupus Awareness Month. And there will be all sorts of activities about what people can do to participate and learn more about lupus.
A few years ago, when former Assemblywoman Aurelia Greene was still in the Assembly, she approached me to talk to me about lupus. And quite frankly, as a woman who is, you know, certainly not a child anymore, I really did not know that much about the disease of lupus and how devastating it was to women.
And in the work that I did with her, and then translated it into the work with Assemblywoman Vanessa Gibson, who succeeded her in many ways and continues to work on this issue, we partnered with organizations here in New York State to raise awareness for lupus.
And along the way, I found out that lupus disproportionately affects women, and particularly women of color and young women. And even more importantly, that most women don't know what the signs or symptoms of lupus are, and as a result of it, they can go years without being diagnosed.
And that lack of appropriate diagnosis can lead to all sorts of problems, including infertility problems and including chronic pain and debilitating conditions that affect their entire life and their entire family.
So we introduced legislation that would require the State of New York to develop a lupus education and prevention outreach program. We want to put a check-off box on your income tax return so that you can donate a particular amount of money towards that education fund so young women can find out about this disease, they can speak to their doctors about it, they can be appropriately diagnosed, they can get treatment earlier rather than later. And that's what lupus awareness is all about.
And I'm very happy to stand here and speak on this resolution. And I know we have some advocates here, they're in the corner, led by Kathleen Arntsen, who's been working very hard for several years to help pass this legislation here in New York.
We've seen some improvements in Washington, the FDA -- stand up, Kathleen. The FDA two years ago finally approved the first new drug for the treatment of lupus in 50 years. But we are way behind in the treatment of this disease, and the most important component in the treatment of this disease is education.
So I want to thank you ladies for coming to Albany for your advocacy every year, and I hope everyone will support this resolution and support the legislation that will help put the intent of this resolution into the full effect of the law.
Thank you, Mr. President.
ACTING PRESIDENT FLANAGAN:Thank you, Senator Savino.
Senator Serrano on the resolution.
SENATOR SERRANO:Thank you very much, Mr. President.
And I also want to lend my voice to what my colleagues are saying about the importance of lupus awareness. And I want to thank Senator Savino, Senator Griffo, and Assemblywoman Vanessa Gibson, who's joining us in the chamber today, for their leadership on this issue.
The communities that I represent in the South Bronx and in East Harlem have some very high numbers of lupus and probably many, many more that aren't diagnosed. And it's a very insidious disease, and very difficult to diagnose, and very debilitating. And it has many, many negative effects throughout the community.
So I think it's a shame that there isn't more attention being paid on a national level to lupus research, and more money and more funding for innovative treatments.
But I think that the fact that this Senate body comes together every year to honor this resolution to fight against this disease does send a very strong message that we have to do something urgently to deal with the growing cases of lupus in our communities.
Thank you.
ACTING PRESIDENT FLANAGAN:Thank you, Senator Serrano.
We welcome the Assemblywoman and the advocates.
This resolution was previously adopted on March 19th.
Senator Fuschillo.
SENATOR FUSCHILLO:Senator Griffo would like to open the resolution up for cosponsorship.
ACTING PRESIDENT FLANAGAN:The resolution is open for cosponsorship. Any Senator wishing not to be on the resolution, please notify the desk.
Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, may we please have the reading of the noncontroversial calendar.
ACTING PRESIDENT FLANAGAN:The Secretary will read.
THE SECRETARY:Calendar Number 300, substituted earlier by Member of the Assembly Weinstein, Assembly Print Number 4061, an act to amend Chapter 451 of the Laws of 2011.
ACTING PRESIDENT FLANAGAN:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FLANAGAN:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FLANAGAN:Announce the results.
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT FLANAGAN:The bill is passed.
THE SECRETARY:Calendar Number 316, by Senator Marcellino, Senate Print 4319, an act to amend Chapter 704 of the Laws of 1991.
ACTING PRESIDENT FLANAGAN:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT FLANAGAN:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FLANAGAN:Announce the results.
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT FLANAGAN:The bill is passed.
THE SECRETARY:Calendar Number 361, substituted earlier by Member of the Assembly Paulin, Assembly Print Number 2600, an act to amend the Family Court Act.
ACTING PRESIDENT FLANAGAN:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FLANAGAN:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FLANAGAN:Senator Nozzolio to explain his vote.
SENATOR NOZZOLIO:Thank you, Mr. President.
Mr. President, I rise to ask my colleagues to join me in congratulating the sponsor of this legislation for establishing the first of what I know will be a long and illustrious career in serving in this body. This is Simcha Felder's first bill. Let's congratulate him.
(Applause.)
ACTING PRESIDENT FLANAGAN:The Secretary will announce the results.
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT FLANAGAN:The bill is passed.
THE SECRETARY:Calendar Number 375, by Senator Little, Senate Print 3932, an act to amend the Public Authorities Law.
ACTING PRESIDENT FLANAGAN:A home-rule message is at the desk.
Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT FLANAGAN:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FLANAGAN:Announce the results.
THE SECRETARY:Ayes, 55. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT FLANAGAN:The bill is passed.
THE SECRETARY:Calendar Number 414, by Senator Ball, Senate Print 2287, an act to amend the Insurance Law.
ACTING PRESIDENT FLANAGAN:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the first of January.
ACTING PRESIDENT FLANAGAN:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FLANAGAN:Senator Gipson to explain his vote.
SENATOR GIPSON:Thank you, Mr. President.
I want to congratulate Senator Ball for bringing this important bill to the floor. It does what I think we should be doing more of, which is requiring insurance companies to cover the devastating effects of so many chronic diseases.
And by the support that this bill has received today in the chamber, it is clear to me that everyone in this chamber agrees that this is something that we should be doing more of.
So it's important for me to point out that I am also carrying a bill called the Tick-Bite Bill which would do exactly the same thing for people that are not covered by the devastating diseases associated with tick-borne illness. We need to extend coverage to them; that's what that bill would do.
And I look forward to receiving the same support this chamber has shown today for my bill when it comes to the floor soon.
Thank you, and I will be voting yes.
ACTING PRESIDENT FLANAGAN:Thank you, Senator Gipson.
The Secretary will announce the results.
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT FLANAGAN:The bill is passed.
THE SECRETARY:Calendar Number 417, substituted earlier by Member of the Assembly Cahill, Assembly Print Number 2051, an act to amend the State Finance Law.
ACTING PRESIDENT FLANAGAN:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FLANAGAN:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FLANAGAN:Announce the results.
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT FLANAGAN:The bill is passed.
THE SECRETARY:Calendar Number 431, by Senator Flanagan, Senate Print 1193, an act to amend the Parks, Recreation and Historic Preservation Law.
ACTING PRESIDENT FLANAGAN:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FLANAGAN:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FLANAGAN:Announce the results.
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT FLANAGAN:The bill is passed.
Senator Fuschillo, that completes the noncontroversial reading of the calendar.
SENATOR FUSCHILLO:Mr. President, in consultation with Senator Stewart-Cousins, Senator Klein and Senator Skelos, we are handing up the following Democratic Conference committee assignments and ask that such assignments be filed in the Journal.
ACTING PRESIDENT FLANAGAN:So ordered.
Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, is there any other business at the desk?
ACTING PRESIDENT FLANAGAN:Senator Fuschillo, there is not.
SENATOR FUSCHILLO:There being no further business, I move we adjourn until Monday, May 6th, at 3:00 p.m., intervening days being legislative days.
ACTING PRESIDENT FLANAGAN:On motion, the Senate stands adjourned until Monday, May 6th, at 3:00 p.m., intervening days being legislative days.
(Whereupon, at 11:15 a.m., the Senate adjourned.)
Highest impact first.
Not yet analyzed. Open the bill for its official title.
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Not yet analyzed. Open the bill for its official title.