Gaveled in 3:36 PM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 7, 2013
3:36 p.m.
REGULAR SESSION
SENATOR CATHARINE M. YOUNG, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT YOUNG:The Senate will come to order.
I ask that everyone present rise and join with me in reciting the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT YOUNG:We're very pleased that we are joined today by Dr. Tim Young, who has served with distinction as pastor of the Heritage Baptist Church in Palmyra, New York, for 30 years.
Pastor Young.
PASTOR YOUNG:Thank you.
I'd ask that you bow your heads with me for a word of prayer.
Our Gracious Heavenly Father, it is certainly an honor for this man to be in the presence of these people that serve this state. Lord, it's even greater to realize that we can come into Your presence so easily.
Lord, we ask that this day be a special day, not only because of the activities of the day, but you've given us life in increments, a day at a time. Lord, help us never to forget that.
The Children of Israel received their manna one day at a time. If they accumulated more of it, it became rotten.
So, Lord, help us to number our days. Help us to recognize the days that You have in our lives.
And, Lord, I pray for this day and each one in this room. They did not leave their respective districts and leave behind them the heartaches, the difficulties, the wayward children, perhaps a strained marriage, perhaps an ill loved one, without bringing it to Albany. And so we pray for those that have special needs in this room as well today, as they do the business of those they serve.
Lord Jesus, You said that the greatest among you shall be your servant. And maybe today it's a matter of laying aside the kingly and queenly garments and putting on the vestures of a servant.
And so I pray that You'd bless the business of the day. I pray that You'd meet the needs of each and every one under the sound of my voice. And I pray that the people of this great state might know that those they've sent here have done their business and their bidding.
Thank You for the privilege of residing in this state. And, Lord, thank You for the privilege we live in the United States and have the privilege of redress.
And so I pray that You bless these people that have sacrificed their time and many times their life to serve others, for it's in the precious matchless name of the Lord Jesus Christ we pray.
Amen.
ACTING PRESIDENT YOUNG:Thank you, Dr. Young.
The reading of the Journal.
THE SECRETARY:In Senate, Monday, May 6th, the Senate met pursuant to adjournment. The Journal of Friday, May 3rd, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT YOUNG:Without objection, the Journal stands approved as read.
SENATOR LIBOUS:Madam President.
ACTING PRESIDENT YOUNG:Yes, Senator Libous.
SENATOR LIBOUS:At this time would you please call on Senator Nozzolio.
ACTING PRESIDENT YOUNG:Senator Nozzolio.
SENATOR NOZZOLIO:Thank you, Senator Libous.
Madam President, may I have some order?
ACTING PRESIDENT YOUNG:Can we have some order in the chamber, please.
SENATOR NOZZOLIO:Madam President, thank you.
I rise with great honor to welcome and thank Pastor Tim Young for his beautiful blessing today.
That Tim has been a longtime friend, a wonderful pastor, one who was the founding pastor of the Heritage Baptist Church in Palmyra, New York. 1980 was the year, and he started a very small, little white wood-frame building in East Palmyra that has grown into a ministry where there are a school and a church and a broad group of individuals who look to Pastor Young for their inspiration. He has traveled around the world. He is a genuine pastor's pastor.
He is joined today by his son, Pastor Jack Young, who pastors in Senator Ritchie's district near Fort Drum, those soldiers who are part of the military experience. Pastor Young and his son are genuine American patriots. They're men of the Lord. And that I'm deeply honored that they are here today.
Thank you, Madam President.
ACTING PRESIDENT YOUNG:Thank you, Senator Nozzolio.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President. At this time would you please recognize Senator Bonacic.
ACTING PRESIDENT YOUNG:Senator Bonacic.
SENATOR BONACIC:Thank you, Madam President.
I stand today with mixed emotions. Today we've celebrated the wonderful activities of our seniors throughout the State of New York, we're celebrating our Women of Distinction throughout the State of New York.
But I want to tell you, on May 4th, three days ago, an American hero died. Staff Sergeant Eric Christian, from Warwick, Orange County, died in Afghanistan while conducting combat operations. He was assigned to the Second Marine Special Operations Battalion based at Camp Lejeune, North Carolina. He was 39 years old.
Men and women like Sergeant Christian, who reenlisted several times because he felt his unit needed him, are amazing people. I am humbled to represent him, and I know there are others like him in each of your communities who have given, enlisted, reenlisted, and unfortunately made the ultimate sacrifice.
I extend my deepest sympathies to Sergeant Christian's family, his friends, and to his fellow Marines, who lost a brother.
I ask that we honor his service, his sacrifice, and his unwavering dedication to our nation. The flags on all state buildings will fly at half-staff on Thursday, May 9th, in his honor. And I ask that you take a moment to express your gratitude for this fallen hero, Sergeant Christian, his family, and the sacrifice he made for us all.
Thank you, Madam President.
ACTING PRESIDENT YOUNG:Thank you, Senator Bonacic.
SENATOR LIBOUS:Madam President, could we take a moment of silence for Sergeant Christian, please.
ACTING PRESIDENT YOUNG:Please rise and take a moment of silence in honor of our fallen hero, Sergeant Christian.
(Whereupon, the assemblage rose and respected a moment of silence.)
ACTING PRESIDENT YOUNG:Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 27, Senator Golden moves to discharge, from the Committee on Consumer Protection, Assembly Bill Number 3601 and substitute it for the identical Senate Bill Number 4301, Third Reading Calendar 449.
On page 28, Senator Martins moves to discharge, from the Committee on Environmental Conservation, Assembly Bill Number 6910 and substitute it for the identical Senate Bill Number 4250, Third Reading Calendar 464.
On page 28, Senator Boyle moves to discharge, from the Committee on Environmental Conservation, Assembly Bill Number 6907 and substitute it for the identical Senate Bill Number 4368, Third Reading Calendar 467.
On page 28, Senator Boyle moves to discharge, from the Committee on Environmental Conservation, Assembly Bill Number 6909 and substitute it for the identical Senate Bill Number 4369, Third Reading Calendar 468.
On page 30, Senator Perkins moves to discharge, from the Committee on Health, Assembly Bill Number 6539 and substitute it for the identical Senate Bill Number 4325A, Third Reading Calendar 478.
On page 34, Senator Carlucci moves to discharge, from the Committee on Finance, Assembly Bill Number 1297 and substitute it for the identical Senate Bill Number 1995, Third Reading Calendar 520.
On page 35, Senator Hannon moves to discharge, from the Committee on Health, Assembly Bill Number 1935A and substitute it for the identical Senate Bill Number 3768, Third Reading Calendar 558.
And on page 35, Senator Little moves to discharge, from the Committee on Finance, Assembly Bill Number 2387 and substitute it for the identical Senate Bill Number 4825, Third Reading Calendar 560.
ACTING PRESIDENT YOUNG: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 Libous.
SENATOR LIBOUS:Thank you, Madam President.
At this time would you please call on Senator Gianaris.
ACTING PRESIDENT YOUNG:Thank you, Senator Libous.
Senator Gianaris.
SENATOR GIANARIS:Thank you, Madam President.
On behalf of Senator Addabbo, on page number 13 I offer the following amendments to Calendar Number 199, Senate Print Number 3736A, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT YOUNG:The amendments are received, and the bill will retain its place on the Third Reading Calendar.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
On behalf of Senator Maziarz, I'd like to call up his bill, Senate Print 1079, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT YOUNG:The Secretary will read.
THE SECRETARY:Calendar Number 189, by Senator Maziarz, Senate Print 1079, an act to amend the Penal Law.
ACTING PRESIDENT YOUNG:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT YOUNG:The bill is restored to its place on the Third Reading Calendar.
SENATOR LIBOUS:I now offer up the following amendments.
ACTING PRESIDENT YOUNG:The amendments are accepted. The bill will retain its place on the Third Reading Calendar.
SENATOR LIBOUS:Thank you, Madam President.
On behalf of Senator Ball, on page 19 I offer the following amendments to Calendar Number 350, Senate Print 2655, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT YOUNG:The amendments are received, and the bill will retain its place on the Third Reading Calendar.
SENATOR LIBOUS:Thank you, Madam President.
Madam President, may we now adopt the Resolution Calendar, with the exception of Resolutions 1412, 1608, 1609, 1630, 1686, 1708 and 1751.
ACTING PRESIDENT YOUNG:Thank you, Senator.
All in favor of adopting the Resolution Calendar, with the exception of Resolutions Number 1412, 1608, 1609, 1630, 1686, 1708, and 1751, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT YOUNG:Opposed, nay.
(No response.)
ACTING PRESIDENT YOUNG:The Resolution Calendar is adopted.
Floor Leader?
SENATOR LIBOUS:Thank you, Madam President.
I believe that Senator Stavisky had two resolutions that passed on the calendar that she would like to have opened up for cosponsorship, Resolutions 1610 and 1618.
Could we place everyone on as a cosponsor and, as we normally do in the house, if someone chooses not to go on as a cosponsor, let the desk know and we will pleasantly remove your name as a cosponsor.
ACTING PRESIDENT YOUNG:Thank you.
Resolutions 1610 and 1618 are open for cosponsorship. If you do not wish to be a cosponsor, please notify the desk.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
I believe that there is a resolution at the desk by Senators Skelos, Klein and Stewart-Cousins, Number 1608. I ask that it be read in its entirety and ask for its immediate adoption.
ACTING PRESIDENT YOUNG:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1608, by Senators Klein, Skelos and Stewart-Cousins, congratulating the 2013 New York State Senate Women of Distinction.
"WHEREAS, It is the sense of this Legislative Body to acknowledge and celebrate Women of Distinction who significantly add inspiration and encouragement to the people of this great Empire State; and
"WHEREAS, The New York State Senate Women of Distinction program was created in 1998 as part of our state celebration of Women's History Month to honor exemplary women from across New York State whose singular professional or personal achievements, commitment to excellence and accomplishments merit special recognition; honorees are selected from nominations submitted from across the state; and
"WHEREAS, Women of every economic, ethnic and religious background have made significant contributions that are reflected across all aspects of society; and
"WHEREAS, It is the custom of this Legislative Body to pay tribute to individuals of remarkable character, who have shown initiative and commitment in constantly pursuing higher goals for themselves as well as acting as role models to all women in their community; and
"WHEREAS, On behalf of the New York State Senate, we take this opportunity to congratulate Karen Acompora, Hazra Joanne Ali, Wanda Beck Antosh, Kwayera Archer-Cunningham, Judy Baron, Donna L. Benson, Kate Bialo, Lea Bishop, Sister Debbie Blow, Dr. Kari W. Bovenzi, Erica Boynton, Beth A. Broadway, Rosalie M. Burgher, Evelyn Cardona, Palmira M. Cataliotti, Mary Chisholm, Honorable Bernadette T. Clark, Josephine Collins, Mildred Collins, Renate DeAngelis, Randi Shubin Dresner, Leah Dunaief, Dr. Saadia J. Fersobe, Meredith Festa, Jacqueline Gordon, Sara Horowitz, Julissa Juarbe, Ellie Kastel, Nancy Kronen, Ginger Lindner, Jennifer Mackie, Shannon Mancuso-Getzel, Karen O'Hara, Theresa Pirraglia, Francie Potter, Mary Alice Price, Vienna Profeta, Ingrid M. Richards, Rhonda Lyn Roethal, Taryn Sacramone, Jackie Schmid, Mary Jane Smith, Beverly Stamp, Susan Steinberg, Elaine E. Stillwell, Denise C. Soares, Sofie Somoroff, Emmlynn L. Taylor, Mary Jo Thorn, Grace Tillinghast, Karen Torrone, Tiphaine Tsang, Marcia Tuohey, Marie Valachovic, Estela Vazquez, Isabel E. Villar, Elaine M. Walsh, Nozomi Hirayama Williams, and Leslie Zemsky as 2013 New York State Senate Women of Distinction, to be celebrated on Tuesday, May 7, 2013, at the Annual Women of Distinction Awards Ceremony in The Well of the Legislative Office Building; and
"WHEREAS, Women have become part of New York's lasting heritage by fighting against stereotypes, prejudice, and seemingly insurmountable obstacles; and
"WHEREAS, From the women's suffrage movement just over 150 years ago to the present day, women have played and continue to play a crucial role in adding strength, understanding, and inspiration to the diversity and quality of life of the people of the State of New York; and
"WHEREAS, New York State has been, and continues to be, the home to many distinguished women who have made their mark in history as pioneers in their field, therefore laying the foundation for women after them to succeed; and
"WHEREAS, This Legislative Body recognizes that New York State is the home to countless women who are strong and colorful threads, vital to the fabric of our rich heritage, who have contributed, and continue to add to the advancement of our culture through their traditional and non-traditional roles in society; now, therefore, be it
"RESOLVED, It is the sense of this Legislative Body that those who enhance the well-being and vitality of their community and have shown a long and sustained commitment to excellence certainly have earned the recognition and applause of all the citizens of this great Empire State; and be it further
"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to the aforementioned Women of Distinction."
ACTING PRESIDENT YOUNG:Senator Savino would like to speak.
SENATOR SAVINO:Thank you, Madam President.
In just a few short hours, all of the members of this chamber will be gathering across the street in the Legislative Office Building to acknowledge and celebrate some exceptional Women of Distinction from our own districts, as the Senate does every year when we pause to reflect upon the contributions of particular women from our own areas.
They will be ordinary women in many ways. They are family members, they are professionals, they're nurses, they're teachers, they're volunteers, all exceptional in many ways.
But before we do this, I'd like to take a moment to reflect on this special day and pay tribute to the contributions that female leaders have given us throughout the years.
Historically, great achievements have been made by women from every corner of New York State. Susan B. Anthony, who started as a teacher in hardscrabble New York and began her career in social activism in Rochester. Eleanor Roosevelt, born on West 37th Street in New York City, fought for civil rights during her tenure as First Lady, and continues to inspire many young women till today. Ella Fitzgerald, grew up in Yonkers, became the First Lady of Jazz. Lucille Ball, from Senator Young's district, was born and raised in Chautauqua and went on to become a screen legend and a cultural icon and one of the funniest women ever to grace the small screen or the large screen. Harriet Tubman did the majority of her inspiring work in the women's suffrage movement from her home in Auburn.
Distinguished women from the worlds of business, academics, civil life as well as those who have performed heroic or selfless acts, have made significant discoveries or persevered with excellence against difficult odds, have been honored at this annual event since 1998.
Tonight, when we stop and we celebrate the accomplishments of these fine women, we also pay tribute to those female leaders who came before them and look forward to the future where more women leaders will no doubt emerge.
I commend all of the women who are here tonight for their public service as well as their leadership and courage, and I also commend all of my fellow female members of the New York State Senate for being exceptional women in their own right.
Thank you, Madam President.
ACTING PRESIDENT YOUNG:Thank you, Senator Savino.
Next I'd like to call on Senator Little.
SENATOR LITTLE:Thank you, Madam President. It's my honor to be able to speak today in recognition of some truly remarkable women from all across New York State.
I'm pleased that some of those women are joining us here today in the chamber, and many others will join us later in the Legislative Well for the ceremony and the reception to follow.
Each of the women that we honor today has contributed to the betterment of our society in many different ways -- as professionals, volunteers, educators, elected officials, and in so many varied capacities. These women are leaders making a difference in our communities, in the lives of others, and in what they do making better future for all of us.
Since I was in about seventh or eighth grade I found inspiration in the life of a very remarkable woman, Amelia Earhart. Her actions alone were enough to inspire. But in her relatively short life, she made some great observations on life, and part of her legacy is the many wonderful quotations that we have from her.
My favorite Amelia Earhart quotation is, and I quote: "The most difficult thing is the decision to act. The rest is mere tenacity. The fears are paper tigers. You can do anything you decide to do. You can act to change and control your life. And the procedure, the process, is its own reward."
Being recognized as a New York State Woman of Distinction means, in my opinion, that all of you, these honored women, have these qualities in common, being decisive and being tenacious. It wasn't by chance that you arrived here today; it was truly through many years of hard work, having a vision, and making that vision come true, being decisive and being tenacious.
I congratulate all of our honorees today on receiving this wonderful Senate recognition, and I thank you for being you and for making a difference in our communities.
Thank you.
ACTING PRESIDENT YOUNG:Thank you, Senator Little.
I'd like to welcome Senator Stewart-Cousins to make some remarks.
SENATOR STEWART-COUSINS:Thank you, Madam President.
First of all, I'd like to thank my coleaders Senator Skelos and Senator Klein for putting forth this resolution recognizing these wonderful Women of Distinction and add my voice to those of my colleagues who thank you for being an inspiration, thank you for being the backbone of so much that goes on in the State of New York.
There's only been 16 celebrations like this, and so we know that we've missed a lot of women along the way. But the fact that we pause every year to capture just a small, small glimpse of the extraordinary things that women do throughout the state makes us all quite pleased.
We are happy to open our hearts and the chamber and hopefully inspire you to keep on keeping on. Because as you know, we still have a long way to go, but with you at the helm, I know that we'll get there sooner that we think.
Thank you.
ACTING PRESIDENT YOUNG:Thank you, Senator Stewart-Cousins.
I'd like to echo the remarks of my distinguished colleagues. We are thrilled that women from across New York State have joined us today to be honored by the New York State Senate. This is something that we truly look forward to each and every year, because it's a celebration. It's a celebration of our communities, but it's a celebration of you and all that you've accomplished. And we are just so grateful for all that you've done.
So welcome. We extend to you all the courtesies of the Senate and look forward to the actual ceremony later on this afternoon.
The question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT YOUNG:Opposed, nay.
(No response.)
ACTING PRESIDENT YOUNG:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Madam President, on this resolution too, I would add all the members' names.
And if for some crazy reason somebody chooses not to be on the resolution, they have that right, and let the desk know. And then let me know later.
(Laughter.)
ACTING PRESIDENT YOUNG:Thank you, Senator.
The resolution is open for cosponsorship. If you do not wish to be a cosponsor, please notify the desk.
Floor Leader?
SENATOR LIBOUS:Thank you, Madam President.
I believe that there's a resolution by Senator Adams, Number 1609, at the desk. I would ask that you read it in its entirety and then call on Senator Adams before its adoption.
ACTING PRESIDENT YOUNG:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1609, by Senator Adams, memorializing Governor Andrew M. Cuomo to proclaim May 7, 2013, as Senior Citizens Awareness Day in the State of New York.
"WHEREAS, It is the sense of this Legislative Body to memorialize Governor Andrew M. Cuomo to proclaim May 7, 2013, as Senior Citizens Awareness Day in the State of New York, in conjunction with May being declared as National Older Americans Month; and
"WHEREAS, The more than 3 million residents of New York State 60 years of age and older bring a wealth of experience and knowledge to the increasingly active roles they play in today's society; their past contributions and future participation are a vital part of, and valuable asset to, the fabric of community life and activity; and
"WHEREAS, These senior citizens have contributed to the State by building and helping preserve the customs, traditions and ideals of the many ethnic groups that make up the mosaic of New York State; and
"WHEREAS, The wisdom and experience of senior citizens constantly enrich the lives of the young people of our state through a strong tradition of volunteerism; and
"WHEREAS, Since 1962, the month of May has been declared, by presidential proclamation, Older Americans Month in order for communities around the nation to set time aside to celebrate and reflect on the unique role older Americans play in the fabric of our society; and
"WHEREAS, The legislative and executive branches of New York State government have as a primary goal the improvement of the quality of life of older New Yorkers and the assurance of their continued dignity; and
"WHEREAS, It is the intent of this Legislative Body to recognize and celebrate the legacy of New York's senior citizens who have experienced tumultuous changes in the 20th century, including the dawn of the nuclear age, the rise of the computer, and the proliferation of the automobile, television, technology and so many other innovations of the American spirit, and who now represent a vast and willing source of knowledge available to our great State of New York; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to memorialize Governor Andrew M. Cuomo to proclaim May 7, 2013, as Senior Citizens Awareness Day in the State of New York; and be it further
"RESOLVED, That this Legislative Body pause further to urge the residents of New York State to honor all our senior citizens, who are the cornerstone of the strength of our nation and to whom a debt of gratitude is owed; 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 YOUNG:Senator Adams.
SENATOR ADAMS:Thank you, Mrs. President.
First, I want to thank you for the opportunity of recognizing our seniors who are here.
And today we did a ceremony in The Egg recognizing our seniors, and part of the conversation talked about the billions of dollars that our seniors provide in volunteer services. We can only imagine what our budget deficit would be if we didn't have our well-trained, well-skilled and professional seniors who have volunteered and have retired and are using their time to continue to bring services to our entire state.
This year marks the 50th anniversary of President Kennedy designating the month of May as Senior Citizens Month. President Kennedy wanted us to use this month to increase community awareness of the problems faced by older men and women, strengthening services and opportunities to meet their special needs. He also wanted us to give recognition to their past and present contributions and make this month the beginning of continuing interest in activity on their behalf.
This year, the national theme for the month is "Unleash the power of age." And I just want to modify that by saying "Unleash the power of age with dignity." We need to ensure that we treat our seniors with a level of dignity and in a dignified manner.
We all saw the awesome destructive power of Hurricane Sandy, and we now have the ability of our seniors, through names like Betty and Mary and Ms. Coleman and so many others who volunteer each year, to see the beauty of nature, the human possibility of allowing our state to flourish and grow by committing ourselves to the cross-pollination of a handshake, of an embrace, a warm smile, or giving back to those who are in great need.
And our seniors who are here are the top group that volunteer. Men and women over the age of 60 volunteer more than any other group, and we need to take note of that. They're not a burden on society, they are actually the complement to society for what they do every day.
When President Kennedy made the original designation, there was approximately 17 million people age 65 and older in the United States. Today there are approximately 41 million people in our country age 65 or older, and in New York State approximately 2.5 million people are age 65 or older.
Earlier this afternoon, in conjunction with Assemblywoman Joan Millman and the New York State Office for the Aging, I had the pleasure of welcoming many of our older New Yorkers to a luncheon. The purpose of the luncheon was to honor and celebrate seniors from around the state who volunteer their time, their energy, their skill and talents to make our communities stronger.
We looked through the biographies of the nominees. And in speaking with them personally, they all stuck out in my mind that they all have passion and commitment that's needed to continue to move this great state forward.
So we take a pause from our day and from our time here in the State Capitol to state that we respect you seniors, we admire you, and we will continue to ensure that government does what's necessary to make your senior years a comfortable living environment.
So again, on behalf of the New York State Senate and those who are members of the Senate, members of the Aging Committee, as well as those who sponsor much legislation that impacts our seniors, we say thank you, thank you, thank you.
ACTING PRESIDENT YOUNG:Thank you, Senator Adams.
And we welcome seniors who have traveled from near and far to be recognized for your volunteerism. We thank you for all that you do.
And the question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT YOUNG:Opposed, nay.
(No response.)
ACTING PRESIDENT YOUNG:The resolution is adopted.
Senator DeFrancisco.
SENATOR DeFRANCISCO: The sponsor would like to open up this resolution for cosponsorship. And all those who do not want to be cosponsors, notify the desk. Otherwise, you will be.
ACTING PRESIDENT YOUNG:Thank you, Senator.
The resolution is open for cosponsorship. If you do not wish to be a cosponsor, please notify the desk.
Senator DeFrancisco.
SENATOR DeFRANCISCO: There is another resolution at the desk, Number 1708, by Senator Marchione. I ask that it be read in its entirety and ask for its immediate adoption.
ACTING PRESIDENT YOUNG:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1708, by Senator Marchione, congratulating the Saratoga Rowing Association's Girls Eight upon the occasion of capturing a gold medal in the Australian World Open Rowing Championships.
"WHEREAS, It is the sense of this Legislative Body to recognize and pay tribute to those young people within the State of New York who have inspired and brought pride to their school and community by achieving outstanding success in athletic competition; and
"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to congratulate the Saratoga Rowing Association's Girls Eight upon the occasion of capturing a gold medal in the Australian World Open Rowing Championships; and
"WHEREAS, The Saratoga Rowing Association's Girls Eight, comprised of Saratoga Springs High School seniors Caroline Murphy, Shannon Merboth, Alexis Georgia, Keni Wegner and Kerri Wegner, juniors Mackenzie Battle, Meghan Hampton and MacKenzie Hart, and sophomore Claire Murphy, won a gold medal at the Australian World Championships in the under-19 age division; and
"WHEREAS, The Saratoga Rowing Association's Girls Eight practiced daily in near-freezing temperatures on Fish Creek; the world champions raced the 2,000-meter course in six minutes, 54.76 seconds winning over Swan River Composite by more than six seconds; and
"WHEREAS, The team had previously performed admirably in major races in the United States, including a victory on the Charles River and Boston, and was subsequently invited to the Australian World Championships; and
"WHEREAS, Loyally and enthusiastically supported by family, fans, and friends, the Saratoga Rowing Association's Girls Eight have proven themselves to be an unbeatable combination of talents, reflecting favorably on their community; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to congratulate the Saratoga Rowing Association's Girls Eight upon the occasion of capturing a gold medal in the Australian World Open Rowing Championships; and be it further
"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to members of the Saratoga Rowing Association's Girls Eight."
ACTING PRESIDENT YOUNG:Senator Marchione.
SENATOR MARCHIONE:Madam President and my colleagues, I rise for the purpose of honoring and congratulating the Saratoga Rowing Association's Girls Eight on winning a gold medal in the Australian World Open Rowing championship. And I'm going to repeat that: it's the Australian World Open Rowing Championships.
You know, today is the Women of Distinction. I feel so honored to not only have my own wonderful Woman of Distinction, but I have all of these ladies here who are definite ladies of distinction, and I would ask them to stand.
These champions and many of their parents -- and I would ask them to stand as well, because without their input and their driving and their efforts, I'm sure these girls would admit that they wouldn't be where they are. I'm thrilled to recognize them and their achievements.
They are here today along with their coach, Eric Catalano. They are Saratoga Springs High School girls. We have four that are seniors, we have three that are juniors and one sophomore.
You know, rowing is one of the toughest, most physically challenging and mentally demanding of sports. It requires strength, endurance, skill, and most important, for eight individuals to act as one as they row in perfect synchronization under the direction and cadence of their coxswain. I'm learning. I learned as I was learning about you ladies.
The Saratoga Rowing Association's Girls Eight road to the Australian championships was not an easy road. Their road was paved in sweat and hours of exhausting hard work. Their road was paved in callused hands and sore muscles. Their road was paved in a conditioning program that would test the mettle of any professional athlete.
These champions practiced daily, as what we heard earlier, in near-freezing temperatures on Fish Creek. I believe that this demonstrates their depth of commitment, a champion's work ethic. The world champions raced the 2,000-meter course in 6 minutes and 54.76 seconds, winning over Swan River Composite by more than 6 seconds. Six seconds doesn't sound like much to us here, but in rowing, championships are won and world records are shattered by mere seconds.
The team had performed well in major domestic races, including a victory on the Charles River, and was invited to the Australian World Championships. Along with hard work, all of this success was fueled by the love, support, and encouragement of loyal and enthusiastic fans, friends, and family members.
The Saratoga Rowing Association's Girls Eight have proven themselves to be an unbeatable combination of talent, tenacity, toughness and teamwork. In addition to being champion athletes, these young women are true role models who set a positive example that girls everywhere can aspire to. They have made their families, their school, their Saratoga Springs community and our entire state very proud.
Mr. President and my colleagues, please join me as I'm going to raise my Saratoga Springs water to them in congratulating the Saratoga Rowing Association's Girls Eight, our gold medal rowing champions.
(Applause.)
SENATOR MARCHIONE:Thank you.
ACTING PRESIDENT YOUNG:The question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT YOUNG:Opposed, nay.
(No response.)
ACTING PRESIDENT YOUNG:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
And I believe Senator Marchione would like to open this up for cosponsorship to all the members of the Senate. As our policy goes, if for some reason you choose not to be on it, let the desk know.
ACTING PRESIDENT YOUNG:Thank you.
The resolution is open for cosponsorship. If anyone does not want to be a cosponsor, please notify the desk.
Senator Libous.
SENATOR LIBOUS:Madam President, I believe that Senator Carlucci has a previously adopted resolution at the desk, Number 1349. I ask that its title be read and then call on Senator Carlucci.
ACTING PRESIDENT YOUNG:The Secretary will read the title.
THE SECRETARY:Legislative Resolution Number 1349, by Senator Carlucci, memorializing Governor Andrew M. Cuomo to proclaim May 2013 as Mental Health Month in the State of New York.
ACTING PRESIDENT YOUNG:Senator Carlucci.
SENATOR CARLUCCI:Madam President, I rise today to proclaim the month of May 2013 as Mental Health Month in the great State of New York.
And when we talk about people's well-being, their health, oftentimes we over look their psychological state. And what we really need to do and the purpose of proclaiming May as Mental Health Month is to work towards building awareness, to ending the stigma that's attached to mental illness.
In fact, one out of 17 Americans suffer from severe mental illness, whether it's schizophrenia, major depression, or bipolarism. These are issues that face so many people in our community, and we need to stand up and just make sure that we're heard in terms of ending the stigma and talking about these issues.
So I'm so proud to serve as the chairman of the Mental Health Committee and working with so many advocates from across this state that really have dedicated their lives to making sure that there are wonderful services available for people that need treatment that are suffering or living with mental illness, but also that that access is there.
And that's something that we really need to work on and we can work on together, to make sure that there aren't barriers, that people that need treatment know where to get it and that they have that opportunity.
So, Madam President, thank you. And thank my colleagues for supporting this resolution.
ACTING PRESIDENT YOUNG:Thank you, Senator Carlucci.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
I believe that Senator Carlucci would like to open this up for cosponsorship. And again, if someone chooses not to be on it, to please let the desk know.
ACTING PRESIDENT YOUNG:Thank you, Senator.
The resolution is open for cosponsorship. If you do not want to be a cosponsor, please notify the desk.
Senator Libous.
SENATOR LIBOUS:I believe there's a resolution by Senator Diaz, Number 1630, at the desk. I ask that you read it in its entirety and call on Senator Diaz before its adoption.
ACTING PRESIDENT YOUNG:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1630, by Senator Diaz, commemorating the Laogai Research Foundation's Human Rights in China Photo Exhibit.
"WHEREAS, The Laogai Research Foundation's Human Rights in China Photo Exhibit will be on display in the New York State Legislative Office Building in Albany, New York, from May 6 through May 10, 2013; and
"WHEREAS, The exhibition provides a graphic account of human suffering which has occurred and still occurs in China today; and
"WHEREAS, The Human Rights in China Photo Exhibit exhibition is especially relevant to New York State, as many Laogai survivors live here and New York State invests in companies which can encourage human rights reform in China; and
"WHEREAS, A former Chinese political prisoner, Harry Wu, established the Laogai Research Foundation, a non-profit research and public education organization; the work of the Laogai Research Foundation is recognized as a leading source of information on the human rights situation in China's labor camps; and
"WHEREAS, Harry Wu was first arrested as a young student in Beijing for speaking out against the Soviet invasion of Hungary and for criticizing the Chinese Communist Party; in 1960, he was sent to the Laogai, China's Gulag, as a 'counter-revolutionary rightist'; and
"WHEREAS, During the next 19 years he was imprisoned in 12 different labor camps manufacturing chemicals, mining coal, building roads, clearing land, and planting and harvesting crops; he was beaten, tortured and nearly starved to death, and he witnessed the deaths of many prisoners from brutality, starvation and suicide; and
"WHEREAS, Released in 1979, Harry Wu finally left China and came to the United States in 1985 as a Visiting Professor of Geology at the University of California at Berkeley; and
"WHEREAS, Later, he began writing about his experiences in the Laogai, and subsequently he chose to end his academic work and became a human rights activist dedicated to exposing the truth about the Laogai, believed to be the largest forced labor camp system in the world today; and
"WHEREAS, In the summer of 1995, Harry Wu was arrested by the Chinese government as he tried to enter China with valid, legal documentation; he was held by the Chinese government for 66 days before he was convicted in a trial for 'stealing state secrets'; and
"WHEREAS, He was sentenced to 15 years, but was immediately expelled from China as a result of an extensive international campaign launched on his behalf; since his release, he has continued his work in publicizing the fight to condemn the Laogai and document its atrocities; and
"WHEREAS, Harry Wu is especially concerned with China's treatment of its prisoners; and
"WHEREAS, Harry Wu supports the right to give birth as a fundamental right recognized in Article 16 of the Universal Declaration of Human Rights, a document composed in 1948 by the United Nations; and
"WHEREAS, Harry Wu has testified before various United States Congressional committees, as well as the British, German and Australian Parliaments, the European Parliament and the United Nations; and
"WHEREAS, Harry Wu is the author of three books; Laogai: The Chinese Gulag, published in 1991, is the first book to address the systematic abuses of the Laogai; Bitter Winds, published in 1994, is his memoir of his time in the Laogai; and
"WHEREAS, His latest book, Troublemaker, was published in 1996 and tells of his clandestine trips back into China to gather evidence on the Laogai and his detention by the Chinese government in the summer of 1995; and
"WHEREAS, Harry Wu received the Freedom Award from the Hungarian Freedom Fighters' Federation in 1991; in 1994, he received the first Martin Ennals Human Rights Award from the Swiss Martin Ennals Foundation; in 1996, he was awarded the Medal of Freedom, also known as the Beggars' Medal, from the Dutch World War II Resistance Foundation; and he also received honorary degrees from St. Louis University and the American University in Paris in 1996; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to commemorate the Laogai Research Foundation's Human Rights in China Photo Exhibit on display in the New York State Legislative Office Building in Albany from May 6 through May 10, 2013; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the Laogai Research Foundation."
ACTING PRESIDENT YOUNG:Senator Diaz.
SENATOR DIAZ:Thank you, Madam President.
Ladies and gentlemen, the month of May is a very important month. Many things happen during the month of May -- good things, sentimental things, things that make us remember.
For example, during the month of May we celebrate Cinco de Mayo. That's for the Mexican liberation people. And during the month of May we celebrate the Workers' Day. In May we celebrate Mother's Day. In May we celebrate the Women of Distinction Day here in the Senate chamber. In May we celebrate the Senior Citizens Month. In May we celebrate the Women's History Month.
But in May, this May, I'm honored to have with me in this chamber a hero of human rights, a person that was imprisoned for 19 years in China, fighting for human rights: Mr. Harry Wu.
I'm honored to have you in this chamber today, Mr. Wu. You are a real hero. And thank you for accepting my invitation.
Ladies and gentlemen, today I have the privilege of being the Senate sponsor of this resolution, which as you just heard commemorates the important work of the Laogai Research Foundation and the bravery of Mr. Harry Wu, its founder.
I am honored and indeed this chamber is honored to have with us today Mr. Harry Wu; Mr. Andrew Yang, the Laogai Research Foundation's coordinator in Washington, D.C.; and Ms. Ann Noonan, whose efforts were instrumental in bringing Mr. Wu and the photo exhibit that we are having in the Senate.
The word Laogai means "reform through labor" and refers to the most extensive system of forced labor camps in the world. The pictures are a startling and graphic reminder of the suffering not only endured by Mr. Harry Wu, who was imprisoned for 19 years in 12 different labor camps, but by millions of others as well. Each photo and inscription tells an important story about the executions, the persecution of religious and ethnic minorities, the forced labor of those who dared to speak out, and the Tiananmen Square Massacre.
This photo exhibit is important to New York State because many Laogai survivors made New York State their home.
My fellow Senators, ladies and gentlemen, I implore you to take a few minutes out of your busy schedule to review the photo exhibit, which is located in the Concourse level at the entrance of the Legislative Office Building. Viewing this exhibit will be well worth your time and effort in order to be made more aware of the suffering that has existed and still exists to this day, and of how much we take for granted here in America our freedom.
Thank you, Mr. President. Thank you, ladies and gentlemen. And thank you, Mr. Harry Wu, for your bravery and for the years of suffering that we will not be able to repay. But here in this chamber, as a Senator, a member of this prestigious body, I welcome you and am honored and pleased to have met you. Thank you again. And thank you, Ann Noonan, for giving me the privilege to meet Mr. Harry Wu.
Ladies and gentlemen, thank you very much, Madam President.
ACTING PRESIDENT YOUNG:Thank you, Senator Diaz.
The question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT YOUNG:Opposed, nay.
(No response.)
ACTING PRESIDENT YOUNG:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
And I believe Senator Diaz would like to open this up for sponsorship to all the members of the house. And again, as our policy goes, if you choose not to be a cosponsor of the resolution, then let the desk know.
Thank you.
ACTING PRESIDENT YOUNG:Thank you, Senator.
The resolution is open for cosponsorship. If you do not wish to be cosponsor, please notify the desk.
Senator Libous.
SENATOR LIBOUS:Madam President, I believe there's a resolution at the desk by Senator Larkin, Resolution 1751. If you would read its title only and call on Senator Larkin.
ACTING PRESIDENT YOUNG:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1751, by Senator Larkin, honoring Chaplain (Captain) Emil J. Kapaun, United States Army, upon the occasion of his posthumous designation as the recipient of the Congressional Medal of Honor.
ACTING PRESIDENT YOUNG:Senator Larkin.
SENATOR LARKIN:Thank you, Madam President.
I rise with pride to honor a dedicated American, an outstanding priest of the Catholic faith, a hero in Korea, and an individual that put his own life before others.
Father Kapaun went to Korea in 1950 with the 1st Cav Division, the 8th Regiment, the 3rd Battalion, one of the first groups to land in Korea in 1950. Father Kapaun was well-liked and well-respected, but there was 200,000 enemy troops coming after 20,000 troops.
Father Kapaun realized the necessity for faith and positive attitude by the troops. He went from foxhole to foxhole taking care of the wounded. And at one point a Korean guard took a rifle and put it to the head of a young soldier. Father Kapaun, recognizing that this individual had lost his leg, he pushed the Korean guard away and went over and picked up this soldier and carried him for eight miles.
What I'm telling you is all documented. It isn't a story.
But Father Kapaun had everything going for him. When there was an escape route, Father Kapaun was told by his leaders: "Get out of here." And he said, "I can't, these are my people. These are the people I was put on earth to take care of."
When they were rewriting the rule again of how they could take care of prisoners, Father Kapaun was butted in the head with his rifle more than once. And everybody looked and said "A man of the cloth." He said, "No, a fellow soldier."
In the camps that winter, some of us that were there know how cold it was. Many of our troops in the 3rd Battalion froze to death. Father Kapaun offered them clothing. He took clothes off of people that were full of lice, helped to build a pot so that they could put heat under it, and he washed the clothes of these young men that were 18 to 22 years old. He took their clothing, washed it, put it in this hot pan, and then dressed them.
At night he went out to place where the Koreans were, and they were asleep. And as someone said, "Father, you're stealing food," he said, "No, we're taking care of the malnourished."
Father Kapaun was, on more than one occasion -- he took care of many, many individuals. He put himself on the line, but he never worried about himself. He only worried about the people that he was there to take care of them. He rallied the prisoners.
And one day all of a sudden they started ridiculing the priest because he was talking about God, and the North Koreans and Chinese had no idea who he was talking about. But then in the spring he held an Easter service at an old church in North Korea, and he had everybody out there, prisoners themselves going all over, singing Easter songs. And then when they got to singing "God Bless America," they came down and start shooting at all the prisoners. Father Kapaun talked and said, you know, "Forgive them, as the Lord said, for they know not what they do."
He always talked about faith to the prisoners. He went from -- officers were in one compound and enlisted men in another, and he'd go from one compound to the other, and he would instill in them faith and respect for their country and the hope that we would get them out of there and bring them back home.
One day one of the prisoners came up and smacked one of the officers in the face. This officer was from Brooklyn, New York. Senator, this prisoner was from Brooklyn, New York. His name was Fink. And most of us -- some of us remember Stanley Fink. But they're not related. But this priest took the toll for all he did.
But the most important thing, he never forgot why he was an individual, why he became a priest, and why, when he had the opportunity to leave, he didn't. And at the end, the North Koreans and the Chinese couldn't take it anymore because the morale was as high as it could ever be.
Now, you have to remember some of these men had fleas all over them. And the Chinese said in their reports later on they couldn't find a way how they could stay alive. Well, the Father would go out to the camps and he would find the dysentery medicine and he would find something else.
He started learning people how to sleep together. And I mean on a solid basis. He had all of the prisoners that were in their huts sleep so that my arms were open like this, then Tom Libous pushed his feet in mine, and I pushed my feet in his arms. And the number that were saved, people will tell you it was really something great. There was one Air Force, but he was a Marine, John.
You know, I read this book last week. It was sent to me by somebody that served in the 1st Cav. And I want to tell you, all of these stories that I'm saying, pick up this book. It's called Father Kapaun. And if you read it without crying, call me and I'll pay you what you paid for the book.
This is an individual that was found dead on the 21st of May, 1951. To this day, his remains have never been found. Because he was an inspiration to all of those people in the prisoner of war camp.
You know, if you've never been there, you'll never really understand it. But if you read the book that was written about him, you will clearly understand that people said that when they came back from a prisoner of war camp, there were incidents in their town where somebody was dying, somebody had an illness, people prayed -- because they had memorials in his hometown of Pilsen, Kansas, and people said that without the prayers to Father Kapaun -- because they remembered what he said when they took him into this house, which was the last straw. He said, "I'm going where I'm supposed to go. I'm going home. And when I get there, I'll look down and I'll say a prayer for you."
And these people that came back out of the prisoner of war camp -- and there's eight or 10 citations in the book where they say "Pray to Father Kapaun." And those that did said a miracle occurred.
Ladies and gentlemen, I'd ask you to stand in respect to the late Father Kapaun.
ACTING PRESIDENT YOUNG:If everyone could please stand for a moment of silence.
(Whereupon, the assemblage rose and respected a moment of silence.)
ACTING PRESIDENT YOUNG:The question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT YOUNG:Opposed, nay.
(No response.)
ACTING PRESIDENT YOUNG:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Madam President, Senator Larkin would like to open up the resolution to all the members of the Senate. And if there's anyone who chooses not to go on it, to please let the desk know.
ACTING PRESIDENT YOUNG:Senator Larkin's resolution is open for cosponsorship. If you do not want to be a cosponsor, please notify the desk.
SENATOR LIBOUS:Madam President, I believe there's a resolution by Senator Hassell-Thompson, Number 1412, at the desk. I ask that the title be read and you call on Senator Hassell-Thompson.
ACTING PRESIDENT YOUNG:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1412, by Senator Hassell-Thompson, memorializing Governor Andrew M. Cuomo to proclaim June 2013 as Gun Violence Awareness Month in the State of New York.
ACTING PRESIDENT YOUNG:Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON:Thank you, Madam President.
By designating June as Gun Violence Awareness Month, New York will be the first state in the nation to do so. This idea is not one of partisan politics, upstate versus downstate, rural versus urban, or any other divisive label that we so often use to polarize people. But rather, we are looking to bring together every New Yorker to say "We abhor gun violence. We find it to be a crisis in our communities, and we want to eliminate it."
Starting this June, communities all across New York will come together to devise programs, events, activities and working group sessions to change the culture surrounding gun violence.
The goals around Gun Violence Awareness Month are threefold. One is to promote greater awareness about gun violence and foster community urgency to eradicate it. Two is to concentrate annual heightened attention to gun violence during the month that it starts to rise. And three is to bring citizens and other leaders together in the months leading up to June to develop ways to end gun violence.
Here are just a few alarming statistics. In 2011, there were 419 homicides by firearms in New York State, representing 57 percent of all murders in the state. Firearm homicide is the leading cause of death for African-Americans between the ages of 1 to 44 nationwide. African-Americans, who represent 23 percent of New York City's population, made up 60 percent of the murder victims and 70 percent of the shooting victims in 2012.
As you can clearly see, gun violence is tearing families apart and devastating the lives of our youth. Now is the time for us to reach out to one another and form a partnership across all lines. We must pull from every segment of our community and find a solution to this crisis. We must involve and collaborate with law enforcement, civic and faith leaders, elected officials, and people of our communities to fight to save the lives of our youth from this senseless gun violence.
I hope you will join me and many of my fellow legislators, mayors and county executives from Rochester, Buffalo, Syracuse, Madison County, Oswego, Ulster, Westchester County, Bronx County, New York County and Kings County, who have announced that they have held town hall meetings and leadership councils in conjunction with gun violence awareness for the month of June.
Thank you, Madam President.
ACTING PRESIDENT YOUNG:Thank you, Senator.
The question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT YOUNG:Opposed, nay.
(No response.)
ACTING PRESIDENT YOUNG:The resolution is adopted.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, there's a resolution at the desk by Senator Kennedy, Number 1686. Could you please have the title read and ask for its immediate adoption, unless we could do it sooner than immediate.
ACTING PRESIDENT YOUNG:Thank you, Senator.
The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1686, by Senator Kennedy, mourning the death of Dorothy Malczewski, distinguished citizen and devoted member of her community.
ACTING PRESIDENT YOUNG:Thank you.
Senator Kennedy.
SENATOR KENNEDY:Thank you, Madam President.
I rise today to recognize the life and legacy of Dorothy Malczewski, who sadly passed away last week.
Dorothy turned a proud Polish custom into a successful business in her lifetime. Butter Lambs have long been a traditional symbol in Poland, but it was Dorothy Malczewski who brought this tradition to our Easter dinner tables in Western New York.
Dorothy started her business in the City of Buffalo in her East Side kitchen with a wooden mold from Poland. Her business quickly grew as demand surged for her product. So she moved her operation to a family-owned business, Malczewski's Chicken Shop, in order to mass-produce these Butter Lambs. Dorothy became known to young Western New Yorkers who frequented her shop as "the mother of Butter Lambs."
Dorothy quickly became a fixture of the Broadway Market, a local landmark in the City of Buffalo, and thousands of Western New Yorkers came to know Dorothy when they made their annual trip to the market during the Easter season to buy one of Dorothy's famous Butter Lambs.
Madam President, I cannot think of a more fitting day than today to honor the life and contributions of Dorothy Malczewski. Later today, the Senate will recognize 63 Women of Distinction in New York State. I am proud to celebrate the accomplishments of such distinguished New Yorkers, and I feel so lucky to share in today's celebration.
Life during the Easter season will be different in Western New York. Dorothy has long been a part of our Easter traditions and, in turn, our Easter families. Her Butter Lambs will remain set upon dinner tables across Western New York and on family tables all across New York State. And when we place the Butter Lamb on our table, we'll think of Dorothy and appreciate her for having been a part of our Easter celebrations for so many years.
I ask the Senate to join me in honoring and celebrating the life and legacy of Dorothy Malczewski.
Thank you, Madam President.
ACTING PRESIDENT YOUNG:Thank you.
The question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT YOUNG:Opposed, nay.
(No response.)
ACTING PRESIDENT YOUNG:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Madam President, I believe the Senators would like Number 1686 opened for cosponsorship, and Number 1412, the resolutions we just passed.
So if anybody wishes not to be on those resolutions, please let the desk know.
ACTING PRESIDENT YOUNG:Thank you, Senator.
The resolutions are open for cosponsorship. If you do not wish to be on the resolutions, please notify the desk.
Senator Libous.
SENATOR LIBOUS:Madam President, at this time could we take up the reading of the noncontroversial calendar.
ACTING PRESIDENT YOUNG:The Secretary will read.
THE SECRETARY:Calendar Number 153, by Senator Larkin, Senate Print 267, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 10. This act shall take effect on the 180th day.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Announce the results.
THE SECRETARY:Ayes, 59. Nays, 2. Senators Diaz and Espaillat recorded in the negative.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 208, by Senator Libous, Senate Print --
SENATOR LIBOUS:Lay it aside for the day, please.
ACTING PRESIDENT YOUNG:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 337, by Senator Seward, Senate Print 3032, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT YOUNG:The bill is passed.
Senator Espaillat.
SENATOR ESPAILLAT:May I explain my vote on the first bill that was passed?
SENATOR LIBOUS:Madam President, could I --
ACTING PRESIDENT YOUNG:Sure.
SENATOR LIBOUS:Could you repeat yourself, Senator?
SENATOR ESPAILLAT:May I explain my vote for Calendar 153, Senate Bill 267? I stood up but I wasn't recognized.
SENATOR LIBOUS:If the chair did not see you stand, I would say that it would be permissible to do so in this case.
ACTING PRESIDENT YOUNG:Thank you.
Senator Espaillat.
SENATOR ESPAILLAT:Thank you, Madam President.
Again, this is a bill that proposes to bring assistance to the agricultural industry in our state. And as we subsidize this very important industry, this very important market for our state, farmworkers continue to be exploited across the State of New York.
And this industry continues to perpetrate, turn a blind eye or ignore the conditions of hundreds of thousands of people that are working on these farms who do not get a day's rest, who do not get paid overtime, who often are children, and who do not have the right to collectively bargain.
I will continue to vote against these bills as we subsidize an industry that continues to ignore this horrendous situation that's perhaps one of the worst secrets in New York State.
Thank you, Madam President. I will be voting no.
ACTING PRESIDENT YOUNG:Thank you.
The Secretary will continue to read.
THE SECRETARY:Calendar Number 339, by Senator Fuschillo, Senate Print 3528, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Announce the result.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 340, by Senator Young, Senate Print 3923A, an act to amend the Highway Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Announce the result.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 345, by Senator Lanza, Senate Print 4274, an act to amend the Highway Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 8. This act shall take effect immediately.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Announce the result.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 401, by Senator Klein, Senate Print 4101, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of November.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Announce the result.
THE SECRETARY:Ayes, 59. Nays, 2. Senators Hassell-Thompson and Sanders recorded in the negative.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 411, by Senator Golden, Senate Print 1975, an act to amend the Executive Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 413, by Senator Valesky, Senate Print 2149, an act to amend the Elder Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 120th day.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Announce the result.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 418, by Senator Golden, Senate Print 4422A, an act to amend the Executive Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 2. This act shall take effect January 1, 2014.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 449, substituted earlier by Member of the Assembly Maisel, Assembly Print 3601, an act to amend the General Business Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 456, by Senator Grisanti, Senate Print 3955A, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 459, by Senator LaValle, Senate Print 765, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 464, substituted earlier by Member of the Assembly Zebrowski, Assembly Print 6910, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Announce the result.
THE SECRETARY:Ayes, 60. Nays, 1. Senator LaValle recorded in the negative.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 466, by Senator Boyle, Senate Print 4367, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Announce the result.
THE SECRETARY:Ayes, 60. Nays, 1. Senator LaValle recorded in the negative.
ACTING PRESIDENT YOUNG:The bill is passed.
SENATOR LIBOUS:Madam President.
ACTING PRESIDENT YOUNG:Yes, Senator Libous.
SENATOR LIBOUS:I believe that was Senator Boyle's first bill. If we could give him a round of applause.
(Applause.)
ACTING PRESIDENT YOUNG:Senator, congratulations.
SENATOR LIBOUS:Madam President, I should stand corrected; his first bill in the Senate. He has passed many bills in the Assembly.
(Laughter.)
ACTING PRESIDENT YOUNG:Thank you.
The Secretary will continue to read.
THE SECRETARY:Calendar Number 467, substituted earlier by Member of the Assembly Colton, Assembly Print 6907, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Announce the result.
THE SECRETARY:Ayes, 60. Nays, 1. Senator LaValle recorded in the negative.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 468, substituted earlier by Member of the Assembly Fahy, Assembly Print 6909, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator LaValle recorded in the negative.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 470, by Senator LaValle, Senate Print 4419, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Announce the results.
THE SECRETARY:Ayes, 59. Nays, 2. Senators Perkins and Serrano recorded in the negative.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 475, by Senator Young, Senate Print 2190, an act to amend the Public Health Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I just want to explain my vote.
I vote no. Not because I don't like dentists, nor because I don't think dentists should have such a program. But it's coming out of a program already existing for doctors, and it's not funded adequately as it is. So that's the reason I'm voting no.
ACTING PRESIDENT YOUNG:Announce the results.
THE SECRETARY:Ayes, 60. Nays, 1. Senator DeFrancisco recorded in the negative.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 476, by Senator Golden, Senate Print 2235, an act to amend the Public Health Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Announce the results.
THE SECRETARY:Ayes, 60. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 478, substituted earlier by Member of the Assembly Glick, Assembly Print 6539, an act to amend Chapter 192 of the Laws of 2011.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 481, by Senator Lanza, Senate Print 2483, an act to amend the Public Officers Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 60th day.
ACTING PRESIDENT YOUNG:Call the roll.
SENATOR LIBOUS:Lay it aside for the day, please.
ACTING PRESIDENT YOUNG:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 514, by Senator Martins, Senate Print 4681, an act to amend the Highway Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Senator Martins.
SENATOR MARTINS:Thank you, Madam President. To explain my vote.
Officer Joseph Olivieri was a 15-year veteran of the Nassau County Police Department. On October 18, 2012, as a member of the Highway Patrol Unit for the Nassau County Police Department, he was investigating an accident on the Long Island Expressway near Exit 35 when a car came by, struck him and killed him.
Police work is dangerous work. Sometimes we take that for granted. But our brave men and women in the police force take that risk and that danger upon themselves so that we don't have to. And there is literally no aspect of police work that isn't dangerous, as this is testament to.
There's nothing routine about police work. And in this case, a valued member of the Nassau County Police Department Highway Patrol gave his life, in the ultimate sacrifice, in performing his duty. So we're going to take the opportunity to memorialize his service by naming a portion of the highway system, a bridge over the Long Island Expressway at New Hyde Park Road, in his honor.
Officer Olivieri is survived by two children, Amanda and Daniel. And through this bill we will honor his service. We will remember him. And he'll serve as, again, just a tiny reminder to all of us and to the great citizens of New York of how difficult and how dangerous police work is and how we have to respect and appreciate their efforts each and every day.
So, Madam President, I will be voting aye.
ACTING PRESIDENT YOUNG:Thank you, Senator Martins. You will be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 515, by Senator Martins, Senate Print 4682, an act to amend the Highway Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Senator Martins to explain his vote.
SENATOR MARTINS:Madam President, I stand again to explain my vote.
Officer Arthur Lopez, a member of the Nassau County Police Department, died on October 23, 2012, less than a week after Officer Olivieri. Officer Lopez was responding to a call. There was a pedestrian hit and run, and he was pulling over a car. And in that exchange, the driver of the car got out and shot him in the chest, and he died.
Twenty-nine years old, a nine-year veteran of the Nassau County Police Department, and he's no longer with us.
In his time on the force, Officer Lopez earned six Meritorious Service Awards, three Excellent Police Duty Awards, and several other command recognitions.
He was a member of the Nassau County Police Department Emergency Services Unit, which is an elite unit in Nassau County and the Nassau County Police Department.
And I want to recognize with us today officers from the Nassau County Police Department. And thank you for being here as we recognize these brave men and their ultimate commitment to our service, to our communities, to our county, and to our state. Thank you for being here.
But, Madam President, through this act, by passing this bill and hopefully by enacting this law, we will take a portion of Jericho Turnpike in Nassau County, as it extends over the Cross-Island Parkway, and we will name that for Officer Lopez so that, again, we can memorialize a very special person who gave the ultimate sacrifice but also remember the dangers of policing and serve as a reminder to all of us of just how fortunate we are to have our men and women in blue who protect us each and every day.
I will be voting aye.
ACTING PRESIDENT YOUNG:Thank you, Senator Martins. You will be recorded in the affirmative.
Senator Boyle.
SENATOR BOYLE:Thank you, Madam President.
I'd like to thank Senator Martins for his leadership on this legislation to memorialize Officer Lopez.
Officer Lopez was a constituent of the Fourth Senatorial District, and his friends and neighbors in Babylon will always remember him as a tremendous officer but also a neighbor, someone who was involved in his community, was a leader on his street, made friends and was always helpful to the people who he lived near.
The highway may be in Nassau County, but in the hearts of Babylon, Officer Lopez will always be with us.
I vote in the affirmative.
ACTING PRESIDENT YOUNG:Thank you, Senator Boyle.
Announce the result.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 520, substituted earlier by Member of the Assembly Zebrowski, Assembly Print Number 1297, an act enacting the "Rockland Bergen Bi-State Watershed Flood Prevention and Protection Act."
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 9. This act shall take effect upon the enactment into law.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Announce the result.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 558, substituted earlier by Member of the Assembly Englebright, Assembly Print 1935A, an act to amend the Public Health Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 60th day.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 559, by Senator Hannon, Senate Print 3817, an act to amend the Public Health Law.
ACTING PRESIDENT YOUNG:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT YOUNG:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT YOUNG:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT YOUNG:The bill is passed.
THE SECRETARY:Calendar Number 560, substituted earlier by Member of the Assembly Rodriguez, Assembly Print 2387 --
SENATOR LIBOUS:Lay it aside for the day, please.
ACTING PRESIDENT YOUNG:The bill is laid aside for the day.
Senator Libous, that completes the reading of the noncontroversial calendar.
SENATOR LIBOUS:Thank you, Madam President.
At this time Senator Klein, Senator Skelos hand up the following committee assignments and ask that the assignments be filed in the Journal.
ACTING PRESIDENT YOUNG:So ordered.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
Is there any further business at the desk?
ACTING PRESIDENT YOUNG:There is no further business before the desk.
SENATOR LIBOUS:There being no further business, I move that the Senate adjourn until Wednesday, May 8th, at 11:00 a.m.
ACTING PRESIDENT YOUNG:Thank you, Senator Libous.
On motion, the Senate stands adjourned until Wednesday, May 8th, at 11:00 a.m.
(Whereupon, at 5:00 p.m., the Senate adjourned.)
Highest impact first.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
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Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.