Gaveled in 4:35 PM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 21, 2013
4:35 p.m.
REGULAR SESSION
SENATOR DIANE J. SAVINO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT SAVINO:The Senate will please come to order.
I ask all those present to please rise with me, as we welcome the Color Guard, in the Pledge of Allegiance.
(Whereupon, the Color Guard entered the chamber and presented the colors. The assemblage recited the Pledge of Allegiance to the Flag, and the Color Guard exited the chamber.)
ACTING PRESIDENT SAVINO:At this time I would ask all those present to please observe with us a moment of silence for the victims of the Oklahoma tornado.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT SAVINO:Today we are joined by Reverend Hermon Darden, of Vanderveer Park United Methodist Church in Brooklyn, who will deliver the invocation.
REVEREND DARDEN:Let us pray.
Gracious God, we ask Your blessing upon all of the Senators gathered in this chamber. Continue to strengthen them and lift them up to do the work of this state.
We ask an additional blessing on their families, who so graciously sacrifice their time with them and loan them for the work of the State of New York. Bless the staff who are dedicated to supporting the work of our elected officials.
We ask, O Lord, a special blessing upon the people who have suffered in Oklahoma. Be with them with Your presence and Your peace, a peace which passeth all understanding. We especially ask blessings upon those who will be impoverished as a result of this tragedy.
We too ask that those who are residents of this state who are poor be given special attention. We pray, Dear God, that You will lift up advocates, as You have in this chamber, who will focus on the poor and the indigent in the State of New York.
Keep before us the words of Eleanor Roosevelt, who said "Poverty is an expensive luxury we cannot afford," and the wisdom of Mahatma Gandhi, who said: "Poverty is the worst form of violence."
And most of all, gracious God, keep before us Your word found in Proverbs 31, where we hear admonishment to speak out, for those who cannot speak, for the rights of the destitute. Speak out, judge righteously, defend the rights of the poor and needy.
We ask for these blessings in the name of Yahweh, the God of Moses the Lawgiver, in the name of Allah the Merciful, and through Jesus Christ, our Lord, we pray.
Amen.
ACTING PRESIDENT SAVINO:The reading of the Journal.
THE SECRETARY:In Senate, Monday, May 20th, the Senate met pursuant to adjournment. The Journal of Sunday, May 19th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT SAVINO:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 31, Senator Valesky moves to discharge, from the Committee on Finance, Assembly Bill Number 433 and substitute it for the identical Senate Bill Number 2157, Third Reading Calendar 552.
ACTING PRESIDENT SAVINO:So ordered.
THE SECRETARY:And on page 34, Senator Nozzolio moves to discharge, from the Committee on Local Government, Assembly Bill Number 4665A and substitute it for the identical Senate Bill Number 3636A, Third Reading Calendar 585.
ACTING PRESIDENT SAVINO: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:Madam President, would you please call on Senator Gianaris.
ACTING PRESIDENT SAVINO:Senator Gianaris.
SENATOR GIANARIS:Thank you, Madam President.
On behalf of Senator Avella, on page number 32 I offer the following amendments to Calendar Number 567, Senate Print Number 4544, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT SAVINO:So ordered.
Senator Libous.
SENATOR LIBOUS:Madam President, would you call on Senator Carlucci, please.
ACTING PRESIDENT SAVINO:Senator Carlucci.
SENATOR CARLUCCI:Thank you, Madam President.
On page number 20, on behalf of Senator Klein, I offer the following amendments to Calendar Number 358, Senate Print Number 3862, and ask that said bill will retain its place on the Third Reading Calendar.
ACTING PRESIDENT SAVINO:So ordered.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
On behalf of Senator Seward, would you please place a sponsor's star on Calendar Number 589.
ACTING PRESIDENT SAVINO:So ordered.
SENATOR LIBOUS:And on behalf of Senator Fuschillo, I call up his bill, Print Number 774, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT SAVINO:The Secretary will read the title of the bill.
THE SECRETARY:Calendar Number 439, by Senator Fuschillo, Senate Print 774, an act to amend the General Business Law.
SENATOR LIBOUS:Madam President, I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT SAVINO:The Secretary will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56.
SENATOR LIBOUS:Madam President, I offer the following amendments.
ACTING PRESIDENT SAVINO:The amendments are received.
Senator Libous.
SENATOR LIBOUS:Madam President, on behalf of Senator Seward, on page 14 I offer the following amendments to Calendar Number 206, Senate Print 4171, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT SAVINO:So ordered.
SENATOR LIBOUS:And, Madam President, on behalf of Senator DeFrancisco, on page 34 I offer the following amendments to Calendar Number 583, Senate Print Number 553, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT SAVINO:So ordered.
Senator Libous.
SENATOR LIBOUS:Madam President, at this time may we please adopt the Resolution Calendar, with the exception of Resolution Numbers 1897, 1912, 1913, 1938 and 1976.
ACTING PRESIDENT SAVINO:All in favor of adopting the Resolution Calendar, with the exception of 1897, 1912, 1913, 1938 and 1976, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT SAVINO:Opposed, nay.
(No response.)
ACTING PRESIDENT SAVINO:The Resolution Calendar is adopted, with the exceptions.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
Madam President, there's a resolution at the desk by Senator Skelos, Number 1938. I ask that you please read it in its entirety and ask for its adoption, please. And at that time I believe you'll call on Senator Ball, Senator Addabbo, and Senator Sanders.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1938, by Senators Skelos, Klein and Stewart-Cousins, honoring the distinguished veterans from the State of New York upon the occasion of their induction into the New York State Senate Veterans Hall of Fame to be celebrated on May 21, 2013.
"WHEREAS, Members of the Armed Services from the State of New York, who have served so valiantly and honorably in wars in which this country's freedom was at stake, as well as in the preservation of peace in peacetime, deserve a special salute from this Legislative Body; and
"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to honor the distinguished veterans from the State of New York upon the occasion of their induction into the New York State Senate Veterans Hall of Fame to be celebrated on May 21, 2013; and
"WHEREAS, The New York State Senate Veterans Hall of Fame inductees are members of any branch of the United States Armed Forces, which include Army, Navy, Coast Guard, Air Force, and Marine Corps; these exceptional men and women are chosen for this prestigious honor based on either service in combat or notable work performed after discharge from the service; and
"WHEREAS, The 2013 inductees include: Robert Addison, Jerry Alperstein, Allan P. Atwell, Mike Brennan, Irving Cantor, Philip R. Capraro, Eric Carver, Warren Craig, Roswell L. Crozier, Jr., Robert Danke, John F. Drago, Walter George Drago, William DuBose, Howard Dunn, James A. Haggerty, Walter Hobbs, Daniel J. Honsinger, Indiana Hunt, Marvin R. Jeffcoat, Richard R. Keiser, Mike LaNassa, Don Linborg, Luis Lorenzo, Charles A. Maushardt, Silvio Mazzella, Nicholas L. Mazzola, Ray Melens, James W. Merritte, William Nazario, Stephen Nicolino, Robert Nolan, Zulma L. Novoa, Stephen Owen, Elliott S. Palais, Carmen 'Carm' Pascarella, Jr., Jacquemae Perrotta, Veronica D. Reid, Katherine Robinson, Terrance L. Roche, Marlene L. Roll, Francis H. Romanitch, Costantino Scutari, Roma Stern, Dennis Sullivan, Kenneth Taylor, Don Thomas, Robert Thybulle, Art Van Tyne, Khammoon Viengkham, Wilbur A. Weder, Loretta Weiss, William R. Wilson III, Gerry West, and Roger L. Woodworth; and
"WHEREAS, The banner of freedom will always wave over our beloved New York and all of America, the land of the free and the home of the brave; and
"WHEREAS, The freedoms and security we cherish as Americans come at a very high price for those serving in the military in times of conflict; it is fitting and proper that we who are the beneficiaries of those who risk their lives must never forget the courage with which these men and women served their country; and
"WHEREAS, Our nation's veterans deserve to be recognized, commended and thanked by the people of the State of New York for their service and for their dedication to their communities, their state and their nation; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to honor the distinguished veterans from the State of New York upon the occasion of their induction into the New York State Senate Veterans Hall of Fame, to be celebrated on May 21, 2013; and be it further
"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to the 2013 inductees."
ACTING PRESIDENT SAVINO:Senator Ball.
SENATOR BALL:It's an honor just to briefly rise and say that today was an awesome event. We're joined by veterans throughout the state from World War II, men and women who served up until present conflicts. And I can tell you that at times there was not a dry eye in the house.
And to the veterans who are here, I know I speak on behalf of all of us to say to the veterans and the families, from the bottom of my heart and all of our hearts, thank you so very much for your service to this great and beautiful country.
Thank you, and God bless.
ACTING PRESIDENT SAVINO:Senator Addabbo on the resolution.
SENATOR ADDABBO:Thank you, Madam President.
It is truly an honor for me to welcome all veterans here today in celebrating the Senate Hall of Fame ceremonies. And I want to also echo the thoughts of our chair, Senator Ball, in saying thank you to all for the commitment and dedication.
We have veterans here of all ages, from all branches, from all corners of the state, veterans who served in different conflicts, in different ways, and come from different backgrounds. But they all have this in common: a commitment and dedication to our country. And we thank them for it.
New York State is home to over 900,000 veterans. And as a State Legislature we have a unique opportunity -- some feel an obligation -- to give back to our veterans, to help them find employment, to help them in their healthcare, and to help their families.
Congratulations to all honorees and inductees to today's Senate Hall of Fame in the ceremonies, and thank you again for your service.
Thank you, Madam President.
ACTING PRESIDENT SAVINO:Senator Sanders on the resolution.
SENATOR SANDERS:Thank you.
As a Marine Corps veteran, I stand to honor those who fought and bled for this country, not simply in foreign battlefields, but once they returned home. They understood that the battle was not over then, and they took leadership positions in their communities. And we really appreciate those things.
The inductees have set a high bar that the future people who go into the military will have to try to live up to. I am assured that America will always produce youth of the quality of the inductees so that this country will remain free.
So I thank you again, the inductees and their families, for your service, not simply in the battlefield, but once you came home. Thank you.
ACTING PRESIDENT SAVINO:The question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT SAVINO:Opposed, nay.
(No response.)
ACTING PRESIDENT SAVINO:The resolution is adopted.
SENATOR LIBOUS:Madam President, could we open this up to all the members. And as is our normal policy, if someone chooses not to be on it, they should let the desk know.
ACTING PRESIDENT SAVINO:This resolution is open up to all members of the Senate. Anyone wishing not to have their name on the resolution, please see the desk.
Senator Libous.
SENATOR LIBOUS:If we could now take up Resolution 1913, by Senator Larkin. If you could read it in its entirety and call on Senator Larkin and then Senator Diaz, please.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1913, by Senator Larkin, honoring the 65th Infantry Regiment of Puerto Rico, known as the Borinqueneers.
"WHEREAS, American military heroes who served valiantly and honorably in our nation's wars should be recognized by the people of this state and nation, and the courage with which they fought should never be forgotten; and
"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to honor the 65th Infantry Regiment of Puerto Rico, known as the Borinqueneers; and
"WHEREAS, Mandated by Congress in 1899, the 65th Infantry Regiment from Puerto Rico played a prominent role in American military history, participating in three United States wars: World War I, World War II, and, most notably, the Korean War; and
"WHEREAS, Enlisting in the United States Armed Forces, the soldiers from the 65th Infantry Regiment of Puerto Rico courageously shed their blood in service to this great nation; and
"WHEREAS, On February 2, 1951, the Borinqueneers, in the face of overwhelming odds, earned the sole distinction of conducting the last battalion-sized bayonet charge in American military history when they engaged the Chinese 149th Division in mortal combat; and
"WHEREAS, The soldiers of the 65th Infantry Regiment of Puerto Rico served with distinction and valor, earning two Presidential Unit Citations, an Army Unit Superior Award, a Navy Unit Citation, two Republic of Korea Presidential Unit Citations and the Bravery Gold Medal of Greece; and
"WHEREAS, In the spirit of true American heroism, the 65th Infantry Regiment of Puerto Rico is an inspiration to every American; they are exceptional soldiers who deserve to be recognized, commended and remembered by the people of the State of New York and by all Americans; and
"WHEREAS, As Americans, it is our responsibility to ensure that our history is documented and reverence is given to our war heroes; and
"WHEREAS, It is fitting and proper that we, the benefactors of the sacrifices and courageous acts of the men and women who served and continue to serve in the United States Armed Forces, express our appreciation and eternal gratitude for their service to our great nation; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to honor the 65th Infantry Regiment of Puerto Rico, known as the Borinqueneers; and be it further
"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to Ruben Estrada, Co-Chairman, The Borinqueneers Stamp Committee, Anthony Mele, Chairman of the 65th Infantry Regiment Honor Task Force and great-grandson of Leoncio Beauchamp (65th Infantry Regiment of Puerto Rico, 1917); Javier Morales, President of the 65th Infantry Veterans Association in Puerto Rico; Pedro Pierluisi, Puerto Rico Resident Commissioner; Danny Nieves, 65th Infantry Regiment Archivist and Borinqueneers.net webmaster; and to the following members of the Congress of Puerto Rican Veterans- Borinqueneers Post: Modesto Cartagena, Luis Quinones, Antonio Rodriquez-Balinas, Israel Montalvo, Angel Pagan, Felix Ortiz, Augustin Ramirez, Angel Rivera, Anthony Melendez, Jesus Ojeda, Tomas Lopez, Julio Mercado, Jamie Lopez, Luis Martinez, Eugenio Quevedo, Angel Alvarez, Samuel Vazquez, Francisco Alicea, Juan Carrion, Pedro Torruellas, Rafael Cordero, Candido De La Paz, Eladio Cordero, Ramon S. Velez, Jose Ernesto Cordero, Cruz Martinez, and Pedro J. Vanga."
ACTING PRESIDENT SAVINO:Senator Larkin.
SENATOR LARKIN:Thank you, Madam President.
You know, we're honored here by having some special guests because of this resolution. In the gallery there is Ruben Estrada. Ruben is the chairman of the Borinqueneers Stamp Committee. Tony Mele is the chairman of the task force for the 65th. Thank you, Tony. And our deputy post commander is Evelyn Reyes.
You know, we've been working with this group here, and there are others in the City of New York and in Puerto Rico, for over a year right now on this stamp. First of all, they understand that the stamp isn't easy. These three individuals helped us when we got the Purple Heart stamp. It took us 11 and a half years to get it. We've only got one year in it.
But when you look at the combat record of this unit -- World War I, World War II, Korea -- the number of awards and decorations that were received by individuals and by the 65th itself tells you of a combat unit. When you talk about it and you read in the book, it talks about the bayonet challenge. Other units that were in the same area pulled back. The 65th stood there, put their bayonets on, and charged forward.
These are dedicated men and women. We should be very proud of them, not just because they're from Puerto Rico, but because they are Americans. And this is a great opportunity for us as a legislative body to say, as we did in the resolution, what we think about them, that we appreciate what they've done.
And I think each and every one of us should go back to our communities and find out how many members that are from Puerto Rico that are here now and what can we do to assist them in having this stamp approved by the U.S. Postal Department.
Madam President, I thank you very much, and I'd like to open it up for everybody. Because to not have your name on here is saying something. Today we talked about all of our veterans. But if you're not going to join in with us on this, then where is your heart and your respect for those who served in combat?
Thank you.
ACTING PRESIDENT SAVINO:Senator Diaz on the resolution.
SENATOR DIAZ:Thank you, Madam President.
I rise to express my appreciation to Senator Larkin and to Ruben Estrada. Senator Larkin, Madam President, he does not represent a Hispanic area, mainly. But he has come even to my district in the South Bronx, all the way from his district upstate. Ruben Estrada and Senator Larkin came to my district to name a Bronx street for the Borinqueneers.
So thank you, Senator Larkin, for all your effort and helping us Puerto Ricans recognize our heroes.
But also, Madam President and ladies and gentlemen, I want to commend Senator Greg Ball. This morning we have -- we had this morning a ceremony in which we witnessed the opportunity given to each one of us to bring one of our veterans from our districts to be recognized. And it was a beautiful ceremony, well coordinated.
But, Madam President and ladies and gentlemen, the closing, the closing of that ceremony was so sentimental, so deep, so emotional, it made a lot of people cry. And that closing was tastefully done and well put, and I have to congratulate Senator Greg Ball and the committee that put this ceremony together.
And I have to tell you, Madam President, before I sit down, that even the great, the great Yankee closer Mariano Rivera cannot make a closing better than what Greg Ball did this morning.
Thank you, ladies and gentlemen.
ACTING PRESIDENT SAVINO:Thank you, Senator Diaz.
Senator Carlucci on the resolution.
SENATOR CARLUCCI:Thank you, Madam President.
I want to thank Senator Larkin and Senator Diaz for those kind words. It's so fitting that today we honor the 65th Infantry Regiment of Puerto Rico.
And I want to thank my friends Ruben, Evelyn and Anthony Mele for keeping this legacy alive. And Anthony Mele is the great-grandson of one of the heroes that served in the 65th Infantry Regiment of Puerto Rico. So it's so fitting that we do this today.
And I want to thank again Senator Larkin for introducing this legislation, and our local veterans for making sure that this legacy stays alive, and all of the members for supporting this resolution.
Thank you, Madam President.
ACTING PRESIDENT SAVINO:Thank you.
Senator Dilan on the resolution.
SENATOR DILAN:Thank you very much, Madam President.
I rise to honor the memory of those Borinqueneers who served in the 65th Infantry and to really congratulate them for their service in World War I, World War II, the Korean War, and the War on Terror also.
And to those that are still here with us, I just want to honor and thank them for their service to this country.
I'm very proud, one, of being a Puerto Rican and for them being Puerto Ricans. So I want to thank Senator Larkin and Senator Ball and all my colleagues for honoring these individuals and their service.
But also, in the Assembly, I would like to also congratulate and thank Assemblywoman Carmen Arroyo for introducing a same-as in the Assembly.
Thank you.
ACTING PRESIDENT SAVINO:Thank you, Senator Dilan.
Are there any other Senators wishing to be heard on the resolution?
Seeing none, the question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT SAVINO:Opposed, nay.
(No response.)
ACTING PRESIDENT SAVINO:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
And I believe Senator Larkin would like to open the resolution up for all members. As the policy goes, if you choose not to go on the resolution, let Senator Larkin know. Otherwise, your names will be placed on the resolution.
(Laughter.)
ACTING PRESIDENT SAVINO:Senator Libous.
SENATOR LIBOUS:At this time I believe there's a resolution, Number 1897, by Senator Little. Could we have a title read only and call on Senator Little to speak.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1897, by Senator Little, memorializing Governor Andrew M. Cuomo to proclaim May 12-19, 2013, as Fibromyalgia Awareness Week in the State of New York.
ACTING PRESIDENT SAVINO:Senator Little.
SENATOR LITTLE:Thank you, Madam President.
This is a resolution for better awareness of fibromyalgia. This is a disease that affects about 10 million people in the United States and many, many more people worldwide. It's a chronic syndrome that is increasing at alarming rates, and it causes debilitating fatigue and chronic pain in women, men, and children of all ethnicities.
Sometimes it can take up to five years to even be diagnosed with fibromyalgia, and then what you're told by the physician once you are diagnosed is that you need to learn to live with it.
What we have and what we are looking for is more awareness. We have a National Fibromyalgia and Chronic Pain Association, which has joined with the International Institute for Human Empowerment, which is based in New York State, to promote fibromyalgia awareness and support, including improved education, diagnosis, research and treatment -- support for people who are struggling with the challenges of this chronic pain disease.
The neurosciences department of Albany Medical Center, right here in our area, conducts medical research and provides continuing education for physicians and other healthcare providers in regard to fibromyalgia.
I ask you all to join with me in this resolution as we try to increase awareness of this disease that affects so many people, fibromyalgia. By increasing awareness and more education about the disease, we will be able to help those people who are afflicted by it and hopefully find a cause or a cure for those who are afflicted and those who may get it in the future, and also to reduce the number of people who are afflicted by this.
So thank you very much for joining me today, and I appreciate your support.
ACTING PRESIDENT SAVINO:Thank you, Senator Little.
Are there any other Senators wishing to be heard on the resolution?
Seeing none, the question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT SAVINO:Opposed, nay.
(No response.)
ACTING PRESIDENT SAVINO:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:I'd like to open the resolution up, at Senator Little's request, to all the members of the Senate. If you wish not to be on the resolution, let any one of those fine people at the desk know. Thank you.
Madam President, I believe Senator Hassell-Thompson has Resolution 1976. She asks that you read the title only, and then she would like to speak on the resolution.
ACTING PRESIDENT SAVINO:Resolution 1897, by Senator Little, is open for cosponsorship. If you do not choose to be on the resolution, please notify the desk.
And the Secretary will read Resolution 1976.
THE SECRETARY:Legislative Resolution Number 1976, by Senator Hassell-Thompson, honoring Isaiah Moore upon the occasion of being named the Mount Vernon Boys & Girls Club 2013 Youth of the Year.
ACTING PRESIDENT SAVINO:Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON:Thank you, Madam President.
I would like to congratulate Isaiah Moore for being named the Mount Vernon Boys & Girls Club 2013 as well as the 2012 Youth of the Year.
Being named Youth of the Year is the highest honor that a boy or a girl from the Boys & Girls Club could ever receive. This nomination recognizes contributions to a member's family, school, community and Boys & Girls Club as well as overcoming personal challenges and obstacles.
Isaiah has been a member of the Boys & Girls Club of Mount Vernon for 11 years, joining when he was just six. Isaiah was born with spina bifida and is paralyzed from the legs down, but has never allowed this to stop him from achieving the goals he sets for himself. Isaiah participates in many of the Boys & Girls Club's programming, including Passport to Manhood, which is a prevention program for preteen and teen boys; Social Recreation game room activities, which promotes sportsmanship; Power Hour, which is a homework-assistance program; Project Learn, an educational philosophy; and Smart Moves, which is also another prevention program for preteens; and Triple Play, a fitness program emphasizing body, mind, spirit and soul.
As he has gotten older, Isaiah has taken on a leadership role. He has volunteered at the club for more than 1200 hours in each of the past two years and is currently the head coach and mentor of the children-under-13 basketball team. Isaiah also volunteers by helping to feed senior citizens through a program run through his church, Emmanual Pentecostal Faith Temple.
Isaiah is currently a senior at Nellie Thornton High School and in the fall he has been accepted at the University of Missouri, where he will be a member of its wheelchair basketball team.
Isaiah is an inspiration and a wonderful role model for our youth. And I know he will always remember the great impact that Boys & Girls Club of Mount Vernon has meant to him and his life.
Thank you, Madam President.
ACTING PRESIDENT SAVINO:Thank you, Senator Hassell-Thompson.
Are there any other Senators wishing to be heard on the resolution?
Seeing none, the question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT SAVINO:Opposed, nay.
(No response.)
ACTING PRESIDENT SAVINO:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
I'd like to take up a previously adopted resolution, Number 1333, by Senator Breslin. If you would read it in its entirety, and then I believe Senator Breslin would like to speak on it.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1333, by Senator Breslin, commemorating the 200th Anniversary of the Watervliet Arsenal.
"WHEREAS, It is the sense of this Legislative Body to observe significant events which represent turning points in our unique history and which are indelibly etched in the saga of our great nation; and
"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to commemorate the 200th Anniversary of the Watervliet Arsenal on Friday, May 10, 2013, at the Watervliet Cultural Center in Watervliet, New York; and
"WHEREAS, The Watervliet Arsenal is an arsenal of the United States Army located in Watervliet, New York. It is the oldest continuously active arsenal in the United States, and today produces much of the artillery for the Army as well as gun tubes for cannons, mortars, and tanks; and
"WHEREAS, Becoming a National Historic Landmark in 1966, the arsenal was founded in 1813 to support the War of 1812; it was designated as the Watervliet Arsenal in 1817; and
"WHEREAS, The Watervliet Arsenal is occupied on 142 acres of land. The site contains manufacturing, administrative offices, storage areas, and a museum tracing weaponry from the 17th century through modern times; and
"WHEREAS, In addition, the Watervliet Arsenal contains the Army's Benet Laboratories, which performs product development, improvement, research, and testing. It bears the historic Iron Building which currently serves as the Watervliet Arsenal Museum; and
"WHEREAS, It is the sense of this Legislative Body that when organizations of such noble aims and accomplishments are brought to our attention, they should be celebrated and recognized by all the citizens of this great Empire State; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to commemorate the 200th Anniversary of the Watervliet Arsenal; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the Watervliet Arsenal."
ACTING PRESIDENT SAVINO:Senator Breslin.
SENATOR BRESLIN:Thank you, Madam President.
It is only fitting on this day of the veteran that we celebrate a tremendous milestone countrywide, the Watervliet Arsenal celebrating its 200th anniversary. Two hundred years of continuous arsenal service, the longest of any arsenal in the United States.
It started those 200 years ago to service our War of 1812 and manufactured ammunition for that war, successfully. And it's gone on over the years to produce tremendous parts of war -- ammunition, tubing, cannons, and on and on and on. And it also over the years has developed the Benet Laboratories, which is a tremendous research center that services the Army.
It's located in Albany County on 142 acres, very accessible from here in the Capitol. But it quietly goes about its business day in, day out, to protect us. And it's the major manufacturer of ammunition that supplies our Army.
And we're blessed to have Colonel Mark Migaleddi in the gallery, who spoke earlier today in honor of Veterans Day. He's been our commander at the Watervliet Arsenal for the last three years, very close to the end of a tremendous, tremendous three years that has seen wonderful things happen at the arsenal.
So I salute you, Colonel, for all that you have done. I salute the Watervliet Arsenal. And I have a great expectation that for the next 200 years the Watervliet Arsenal will continue to serve. Thank you, Colonel.
And thank you, Madam President.
ACTING PRESIDENT SAVINO:Thank you, Senator Breslin.
Are there any other members wishing to speak on this resolution?
Seeing none, this resolution was previously adopted on April 23rd.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
Can we take up Resolution Number 1912, by Senator Peralta. At this time we only need to read the title only and then move for its adoption.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1912, welcoming the students and faculty of the Lexington School for the Deaf/Center for the Deaf as they visit Albany, New York, on May 21, 2013.
ACTING PRESIDENT SAVINO:The question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT SAVINO:Opposed, nay.
(No response.)
ACTING PRESIDENT SAVINO:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Madam President, Senator Peralta would like to open up the resolution for cosponsorship. If anyone chooses not to be on the resolution, they should let the desk know.
ACTING PRESIDENT SAVINO:Resolution Number 1912 is open for cosponsorship. All members will be on the resolution unless they let the desk know otherwise.
Senator Libous.
SENATOR LIBOUS:Madam President, I'm about to call a Rules Committee meeting.
But first I'd like to welcome to the chamber one of our former colleagues, Senator Suzi Oppenheimer.
ACTING PRESIDENT SAVINO:Welcome, Senator Oppenheimer.
(Applause.)
ACTING PRESIDENT SAVINO:Senator Libous.
SENATOR LIBOUS:There will be an immediate meeting of the Rules Committee in Room 332.
And the Senate will stand at ease pending the conclusion of the Rules Committee meeting.
ACTING PRESIDENT SAVINO:There will be an immediate meeting of the Rules Committee in Room 332.
The Senate will stand at ease pending the return of the Rules Committee.
(Whereupon, the Senate stood at ease at 5:11 p.m.)
(Whereupon, the Senate reconvened at 5:38 p.m.)
ACTING PRESIDENT SAVINO:The Senate will come to order.
Senator Libous.
SENATOR LIBOUS:Madam President, I believe there's a report of the Rules Committee at the desk. I ask that it be read at this time.
ACTING PRESIDENT SAVINO:Senator Libous, there is a report of the Rules Committee at the desk.
The Secretary will read.
THE SECRETARY:Senator Skelos, from the Committee on Rules, reports the following bills:
Senate Print 323, by Senator Avella, an act to amend the Correction Law;
Senate 339, by Senator DeFrancisco, an act to amend the Navigation Law;
Senate 371, by Senator Kennedy, an act to amend the Penal Law;
Senate 373, by Senator Kennedy, an act to amend the Penal Law;
Senate 410, by Senator Dilan, an act to amend the General Municipal Law;
Senate 698, by Senator Grisanti, an act to amend the Labor Law;
Senate 910, by Senator Parker, an act to amend the Mental Hygiene Law;
Senate 966, by Senator Libous, an act to amend the Social Services Law;
Senate 1064, by Senator Maziarz, an act to amend the Vehicle and Traffic Law;
Senate 1174, by Senator Robach, an act to amend the Domestic Relations Law;
Senate 1452, by Senator Flanagan, an act to amend the Correction Law;
Senate 1703, by Senator Grisanti, an act to amend the Education Law;
Senate 1862, by Senator Ranzenhofer, an act to amend the Elder Law;
Senate 1894, by Senator Nozzolio, an act to amend the Correction Law;
Senate 2017, by Senator Skelos, an act to amend the Correction Law;
Senate 2060, by Senator Latimer, an act in relation to authorizing;
Senate 2108, by Senator Golden, an act to amend the Executive Law;
Senate 2169, by Senator Golden, an act to amend the Real Property Tax Law;
Senate 2584, by Senator Ball, an act to amend the Alcoholic Beverage Control Law;
Senate 2619, by Senator Young, an act to amend the General Municipal Law;
Senate 2687, by Senator Young, an act to amend the Education Law;
Senate 3406, by Senator Latimer, an act to amend the Tax Law;
Senate 3490, by Senator Espaillat, an act to amend the Penal Law;
Senate 3740, by Senator Addabbo, an act to amend the Penal Law;
Senate 3967A, by Senator Addabbo, an act to amend the Penal Law;
Senate 4001, by Senator Libous, an act to authorize;
Senate 4065, by Senator Martins, Concurrent Resolution of the Senate and Assembly;
Senate 4113, by Senator Golden, an act to amend the Social Services Law;
Senate 4249, by Senator Golden, an act to amend the Labor Law;
Senate 4331, by Senator Young, an act to amend the Agriculture and Markets Law;
Senate 4341, by Senator Gallivan, an act to amend the Executive Law;
Senate 4343, by Senator Gallivan, an act to amend the Correction Law;
Senate 5067, by Senator Avella, an act to amend the Environmental Conservation Law;
And Senate 5169, by Senator Bonacic, an act to amend the Racing, Pari-Mutuel Wagering and Breeding Law.
All bills ordered direct to third reading.
SENATOR LIBOUS:Madam President, I move we accept the report of the Rules Committee.
ACTING PRESIDENT SAVINO:All those in favor of accepting the report of the Rules Committee please signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT SAVINO:Opposed, nay.
(No response.)
ACTING PRESIDENT SAVINO:The Rules Committee report has been accepted.
Senator Libous.
SENATOR LIBOUS:Madam President, before we go to the noncontroversial calendar, I want to welcome former Senator Craig Johnson and former Senator Robert DiCarlo, who are in the chamber.
ACTING PRESIDENT SAVINO:Welcome.
(Applause.)
ACTING PRESIDENT SAVINO:Senator Libous.
SENATOR LIBOUS:Madam President, at this time we want to take up the noncontroversial reading of the calendar, please.
ACTING PRESIDENT SAVINO:The Secretary will read the noncontroversial calendar.
THE SECRETARY:Calendar Number 203, by Senator Maziarz, Senate Print 3457, an act to amend the Correction Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 60. Nays, 1. Senator Hassell-Thompson recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 424, by Senator Lanza, Senate Print 2474, an act to amend the New York City Health and Hospitals Corporation Act.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 61. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 502, by Senator Ritchie, Senate Print 1951, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 61. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 507, by Senator Ranzenhofer, Senate Print 3550B, an act to amend the Highway Law.
ACTING PRESIDENT SAVINO:Senator Ranzenhofer on the bill.
SENATOR RANZENHOFER:Thank you, Madam President.
I was debating whether or not to stand up before when we were talking about the Veterans Hall of Fame memorial resolution. I thought it more often to make my remarks at this point as we designate a portion of the state highway in Erie County -- actually in the Town of Amherst -- as the Staff Sergeant William R. Wilson III Memorial Highway.
With us today in the chamber are William Wilson's parents, William and Kimberly, who are sitting here on the floor; his grandmother, Sonia Wilson; Judy Rudes, Dawn and Robert Masterorilli, and Carolyn Gressick, who have traveled from Erie County to be with us here today.
Staff Sergeant William R. "Billy" Wilson III was inducted into the New York State Senate Veterans Hall of Fame earlier this morning. He was honored posthumously.
Staff Sergeant Wilson served as a squad leader for the Second Platoon of the 172nd Separate Infantry Brigade that was headquartered in Germany. Known as Billy to many of his family and friends, he grew up in Getzville, New York, and went to Williamsville North High School.
Wilson served on two combat deployments to Iraq as part of Operation Iraqi Freedom, and one tour of duty during Operation Enduring Freedom in Afghanistan.
And while in Afghanistan, he was training Afghan soldiers and police to take over the country's security when he was unfortunately killed while in Paktika Province in the eastern part of Afghanistan a little bit over a year ago, on March 26, 2012. He was 27 at that time.
He's been posthumously awarded the Bronze Star, the Purple Heart. He also received the National Defense Service Medal, the Iraq Campaign Medal and the Afghanistan Campaign Medal, as well as the Army Service Ribbon and Overseas Service Ribbon.
Staff Sergeant Wilson is a true American hero. He made the ultimate sacrifice. And it's due to his service for us on behalf of this country that it's very fitting that the Senate today pass this bill which will name Route 990 -- it's a highway in the Town of Amherst -- after him in his honor for his heroism, for his service, and for his bravery.
And with that, again, I'm going to be voting yes on this bill which will designate this highway in his honor.
Thank you, Madam President.
ACTING PRESIDENT SAVINO:Senator Ranzenhofer will be recorded in the affirmative.
Senator Libous.
SENATOR LIBOUS:Before we pass the bill, I believe his parents are here. Would they please stand.
(Extended standing ovation.)
ACTING PRESIDENT SAVINO:The Secretary will read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 533, by Senator Robach, Senate Print 1977, an act to amend the Social Services Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 534, by Senator Ball, Senate Print 3507A, an act to amend the Domestic Relations Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 552, substituted earlier by Member of the Assembly Dinowitz, Assembly Print 433, an act to amend the Public Health Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 561, by Senator Grisanti, Senate Print 287, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the first of January.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:In relation to Calendar Number 561, those recorded in the negative are Senators Espaillat, Gipson, Krueger, Perkins, Sanders, Serrano and Stavisky.
Ayes, 55. Nays, 7.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 563, by Senator LaValle, Senate Print 2178A, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 61. Nays, 1. Senator Gipson recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 569, by Senator Flanagan, Senate Print 1192, an act to amend the General Municipal Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Diaz recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 570, by Senator Klein, Senate Print 2440, an act to amend the General Municipal Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 22. This act shall take effect on the first of January.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
Members, please take note that we are on Calendar Number 570. Those who wish to be recorded in the negative, please raise your hands for the desk to see.
Announce the results.
THE SECRETARY:In relation to Calendar Number 570, those recorded in the negative are Senators Diaz and Sanders.
Ayes, 60. Nays, 2.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 571, by Senator Valesky, Senate Print 4021, an act to amend Chapter 335 of the Laws of 2005.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 573, by Senator Maziarz, Senate Print 1122, an act to amend the Public Officers Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 585, substituted earlier by Member of the Assembly Kolb, Assembly Print 4665A, an act to amend the County Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 590, by Senator Young, Senate Print 4579, an act to amend the Town Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 591, by Senator Carlucci, Senate Print 4633, an act to authorize.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 592, by Senator Larkin, Senate Print 4647, an act to authorize.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT SAVINO:The bill is passed.
Senator Libous, that completes the reading of the noncontroversial calendar.
SENATOR LIBOUS:Thank you, Madam President.
At this time I believe members have a supplemental active list on their desks, and I'd like to go through the noncontroversial reading of that supplemental active list.
ACTING PRESIDENT SAVINO:The Secretary will read the supplemental active list, noncontroversial.
THE SECRETARY:Calendar Number 249, by Senator Squadron, Senate Print 3644A, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 90th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 249: Ayes, 61. Nays, 1. Senator Diaz recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is still passed.
THE SECRETARY:Calendar Number 435, by Senator Squadron, Senate Print 226, an act to amend the Private Housing Finance Law.
SENATOR GIANARIS:Lay it aside for the day.
ACTING PRESIDENT SAVINO:The bill is laid aside for the day.
Senator Libous, that completes the noncontroversial reading of the supplemental active list.
SENATOR LIBOUS:Thank you, Madam President.
Is there at this time any further business at the desk?
ACTING PRESIDENT SAVINO:Senator Libous, there is no further business at the desk.
SENATOR LIBOUS:If there's no further business, I move that the Senate stand adjourned until Wednesday, the 22nd of May, at 3:00 p.m.
ACTING PRESIDENT SAVINO:There being no further business at the desk, the Senate stands adjourned until Wednesday, May 22nd, at 3:00 p.m.
(Whereupon, at 5:53 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.
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.
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.