wednesday, may 18, 2011 10:25 a.m. - granicus
TRANSCRIPT
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WEDNESDAY, MAY 18, 2011 10:25 A.M.
ACTING SPEAKER GUNTHER: The House will
come to order.
Chaplain Akdemir will offer a prayer.
CHAPLAIN FATIH AKDEMIR: Peace be upon you
all. Please join me in prayer. In the name of God, the merciful, the
compassionate. Oh, dear God, You are our Lord. There is none worth
Your worship or loyalty except You. You created all of us and we are
Your servants. We recognize, accept and glorify Your bounties that
You have bestowed upon us. All merciful God, guide these esteemed
Assembly members who are important decision-makers with Your
divine light. Be their source of strength and comfort. Enable them to
serve You and glorify Your names by serving the citizens of this great
State and the entire country, regardless of gender, ethnicity or religion.
NYS ASSEMBLY MAY 18, 2011
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Fill their hearts and minds with passion and determination to improve
the quality of the life of their fellow human beings. Bless them with
the spirit of tolerance.
Oh, dear God, You know that there are many
struggles and hurdles that we have here today. Please help these
esteemed Assembly members to resolve them and achieve concrete,
substantial, tangible goals and milestones. Oh, kind and loving
Creator, gracious and most merciful, keep us away from lying,
cheating, backbiting, gossiping, fear mongering, character
assassination and personality assault.
Oh, God, please enable us to be healthy in mind,
body and spirit. We believe that You know everything and without
Your permission nothing can happen, so please give us patience and
enable us to put our trust in You.
Oh, God, enable us to make this world a better place
for our children and our children's children. Please bless us all and the
whole world. We recognize the different bounties and treasures that
You have given to this great State of New York. We beg of You, Oh,
God, to please continue to do so. We thank You for this great nation.
We thank You for allowing us to serve America. All kind, loving,
merciful and gracious God, please accept our prayer.
Bless this Assembly and its esteemed members.
Supply this elected Assembly entrusted by our nation's citizens and
lead our lawmakers. Help them to surrender to Your wisdom and
power. Carry their heavy burdens and deepen their joy as servants of
NYS ASSEMBLY MAY 18, 2011
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Your purposes. We ask all of these in Your most holy and beautiful
name. Amen.
ACTING SPEAKER GUNTHER: Visitors are
invited to join members in the Pledge of Allegiance.
(Whereupon, Acting Speaker Gunther led visitors and
members in the Pledge of Allegiance.)
A quorum being present, the Clerk will read the
Journal of Tuesday, May 17th.
Mr. Canestrari.
MR. CANESTRARI: Ms. Speaker, I move to
dispense with the further reading of the Journal of Tuesday, May 17th
and ask that the same stand approved.
ACTING SPEAKER GUNTHER: Without
objection, so ordered.
Mr. Canestrari.
MR. CANESTRARI: In terms of the schedule for
today, my colleagues and guests, the members have on their desks a
main Calendar and a debate list. I know there are a number of
introductions. We will do introductions, we will do housekeeping and
the main work of the day will be to work off that debate list.
So, if there are introductions and housekeeping, we
will start with those and then return later to take up bills on the debate
list. Thank you.
ACTING SPEAKER GUNTHER: Mr. Cahill.
MR. CAHILL: Thank you, Madam Speaker. I rise
NYS ASSEMBLY MAY 18, 2011
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today to introduce to the Body and welcome to our home, welcome to
the State of New York and to our State Capitol, Imam Fatih Akdemir,
a Theologian and Muslin Chaplain. He received his Bachelor's
Degree in Theology from the Konya-Serchuk University in Turkey in
1999, a town where I spent a couple of days in the hospital last year.
During his university years he gave lectures in several schools,
religious centers and radio stations. In 2000, he came to the United
States to continue his academic career. He attended the Hartford
Seminary and received a Master's Degree in Religious Studies from
Sacred Heart University in Fairfield, Connecticut. He's worked for the
State of Connecticut Department of Corrections as a Muslin Chaplain
since 2003. He is an active volunteer of the Turkish Cultural Center,
Connecticut, and an organizer of Interfaith Programs such as
Abraham's Table Series.
Madam Speaker, I ask that you extend the warm
welcome of the House and I welcome the Imam to our House.
ACTING SPEAKER GUNTHER: On behalf of
Kevin Cahill, the Speaker and all the members, we welcome Chaplain
Akdemir to this Chamber. We extend the privileges of the floor and
hope you enjoy the proceedings. We certainly enjoyed the prayer you
offered to us today. Thank you for joining us.
(Applause)
Ms. Jaffee.
MS. JAFFEE: Thank you, Ms. Speaker. I interrupt
the proceedings today to make a very important introduction. Today
NYS ASSEMBLY MAY 18, 2011
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we will be passing a resolution memorializing Governor Andrew M.
Cuomo to proclaim May 18th as Haitian Unity Day in the State of
New York. The State enjoys a great legacy from the successes of
freed Haitian slaves who came to the United States and we have so
many members of our community who have made such extraordinary
contributions to New York, and I am honored today to recognize the
many contributions of the Haitian community in New York State.
There's no more fitting way to celebrate Haitian Unity Day than with
the wonderful news that was announced yesterday that the TPS has
been extended for another year, so that families and loved ones will be
able to remain in New York and in the United States.
I want to acknowledge, first, members from East
Ramapo Central School District, students and student leaders. We
have with us, and I'm very proud to say, essay contest winners from
East Ramapo and they were involved in an essay contest by the
Rockland County Haiti Relief Campaign that was involved in
discussing and asking for essays regarding the Haitian history. I'm
going to ask them to rise. We have students who have received these
awards, two high school students, first place, Wesline Brutus and
runner up, Louise Larame.
(Applause)
In middle school, first place, Mikayla Kimble and in
second place, Rose Grey.
(Applause)
These students are out of over 50 participants and
NYS ASSEMBLY MAY 18, 2011
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these students were chosen for their extraordinary essays.
We also have about 33 other students from East
Ramapo Central School District today including some key students
leaders, Bergelie Louis, Vice-President of the Class of 2011, a senior
at Ramapo High School; Laura Poulard, Treasurer of the Student
Government at Ramapo High School; James George, President of the
Class of 2011, senior class of Ramapo High.
We also have their school counselors from East
Ramapo with them: Mr. Denet Alexandre, School Guidance
Counselor; Mr. Marc Pollard, School Guidance Counselor; Mr.
Vladimir Aurellus, School Guidance Counselor; Pastor Nathaniel
Demosthene, First Timothy Baptist Church and also a teacher for East
Ramapo.
I also want to introduce community representatives:
The Honorable Judge Christine Theodore, a Justice from Spring
Valley; Mr. Renold Julien, Executive Director of Konbit Neg Lakay
and Chair of the Rockland County Haiti Relief Campaign. Other
members of the Rockland Haiti Relief Campaign: Mr. Yvons Louis,
HACSO Community Center and many parents and members of the
Haiti Relief Campaign are here.
Why don't the students and members of the
community please rise so that we can acknowledge you and Ms.
Speaker, if you would offer the courtesies of the House.
ACTING SPEAKER GUNTHER: Mr. Zebrowski on
the same subject.
NYS ASSEMBLY MAY 18, 2011
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MR. ZEBROWSKI: Thank you, Madam Speaker. I
would just like to join with my colleague Assemblywoman Jaffee in
welcoming these community leaders, these Haitian leaders, we have
members of the clergy and we have governmental and judges here
today. This group has done so much for the diversity of Rockland
County. They've contributed so much to the great State of New York
and we also have some wonderful students here, who we had a chance
earlier today to speak about the New York State Assembly and New
York State government. We have essay winners, these are great
members of the Rockland community and I would appreciate if you
would extend a welcome to them on behalf of myself as well.
ACTING SPEAKER GUNTHER: On behalf of
Assemblywoman Jaffee, Assemblyman Zebrowski, the Speaker and
all the members, we welcome all of you, students and community
members, those that are involved in government to this Chamber and
extend the privileges of the floor and hope you enjoy the proceedings.
Thank you for your contribution to New York State. Congratulations
to the essay winners and we hope you have a wonderful day.
(Applause)
Mr. Cymbrowitz.
MR. CYMBROWITZ: Thank you, Madam Speaker.
I'm proud to represent the largest number of Turkish-Americans in
New York State and I am privileged to be able to introduce several
distinguished guests who are here today to celebrate Turkish Cultural
Day. They are: Furkan Kosar, President of the Council of
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Turkish-American Associations; Birol Furat, Regional Coordinator of
Turkish Cultural Centers. We have Ilhan Kucuk from the Zaman
Newspaper and we have our own, our very special, Veysel Ucan from
the Turkish Cultural Center of Albany.
Later, at the end of Session, we will be adopting a
resolution proclaiming today as Turkish Cultural Day here in Albany
and members are all invited to celebrate Turkish Cultural Day in the
Well.
So, on behalf of our Majority Leader, our Speaker
and all distinguished guests, please give them the cordialities of the
House. Thank you.
ACTING SPEAKER GUNTHER: On behalf of
Assemblymember Cymbrowitz, the Speaker and all the members, we
welcome all of you to the Chamber, extend the privileges of the floor
and hope you enjoy the proceedings. Thank you for joining us.
(Applause)
We have some housekeeping to do. Page 19,
Calendar No. 302, Bill No. 664, amendments are received and
adopted.
We'll go to the resolutions on page 3, beginning with
Resolution No. 535, by Ms. Jaffee, Ms. Jacobs, Mr. Zebrowski and
Mr. Ra, the Clerk will read.
THE CLERK: Resolution No. 535.
Legislative resolution memorializing Governor
Andrew M. Cuomo to proclaim May 18, 2011, as Haitian Unity Day
NYS ASSEMBLY MAY 18, 2011
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in the State of New York.
WHEREAS, It is the sense of this legislative Body, in
keeping with its time-honored traditions, to recognize and pay tribute
to those organizations which foster ethnic pride and enhance the
profile of cultural diversity which strengthens the fabric of the
communities of New York State; and
WHEREAS, Attendant to such concern, and in full
accord with its longstanding traditions, this legislative Body is justly
proud to memorialize Governor Andrew M. Cuomo to proclaim May
18, 2011, as Haitian Unity Day in the State of New York; and
WHEREAS, Haiti, located less than 700 miles from
the United States of America, is the second nation in the Western
Hemisphere, after the United States, to earn its independence, and has,
since 1803, stood as a beacon of freedom as the first black-governed
republic in the world; and
WHEREAS, Haiti is one of the original members of
the United Nations and several of its specialized and related agencies,
as well as a member of the Organization of American States (OAS);
and
WHEREAS, On August 22, 1791, Haiti was the
island nation where hundreds of thousands of enslaved persons
initiated the most successful slave rebellion in history; under the
military leadership of Francois Toussaint L'Ouverture, the grandson of
an African chief, making the Haitian revolution a major turning point
in the history of the world with repercussions extending far beyond the
NYS ASSEMBLY MAY 18, 2011
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Caribbean nation; and
WHEREAS, Haiti's victory against France redefined
Napoleon's goals in the Western Hemisphere and so set the stage for
the Louisiana Purchase, a single acquisition doubling the United
States' size, giving the United States its heartland, control of the
Mississippi River and the important port city of New Orleans on the
Gulf of Mexico; the Louisiana territory drew immigrants from all over
Europe, transforming and strengthening the United States and the
American people; and
WHEREAS, For many years preceding the American
Civil War, the Haitian Revolution had a substantial influence over
many of the policies and laws in the United States that related to
slavery such as, in 1794 and 1800, the federal government passage of
anti-slave trade laws to prevent the possible spread of the Haitian
slave revolt to the United States: Prohibiting citizens from equipping
ships engaged in slave trade commerce, barring Americans from
serving aboard such ships, or from having any interest in their
voyages; and
WHEREAS, In 1792, a number of measures taken to
prevent a slave rebellion such as Haiti's in the United States were so
brutal and inhumane that these acts drove and strengthened the
crusade of the abolitionists in the United States, therefore having a
profound influence on the movement that led to the Civil War; and
WHEREAS, The Haitian Revolution ignited a
ground-breaking change in the history of the modern world by
NYS ASSEMBLY MAY 18, 2011
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enabling hundreds of thousands of African slaves worldwide and tens
of thousands of free persons of color to find the wherewithal to unite
in the quest for individual and collective liberty; and
WHEREAS, Haitian people have migrated to the
United States since the 1700s, resulting in approximately 200,000
Haitians residing in the State of New York; and
WHEREAS, Our State enjoys a great legacy from the
successors of freed Haitian slaves who came to the United States,
notably Pierre Toussaint, the first layman now being proposed by the
Catholic Church to become a saint, who arrived in New York in 1787,
where he turned his home into a shelter for orphans, a credit bureau,
an employment agency, and a safe haven for priests; Toussaint was a
benefactor of the first New York City Catholic school for Black
children at St. Vincent de Paul on Canal Street; Toussaint also
provided money to build a new Roman Catholic church in New York,
which became old Saint Patrick's Cathedral on Mulberry Street; and
WHEREAS, In October of 1995, Pope John Paul II,
from the throne in the sanctuary of New York's Saint Patrick's
Cathedral, publicly bestowed Pierre Toussaint with the suffix
Venerable, which is the second step towards becoming a saint in the
Catholic Church because Pierre Toussaint transcends race through his
miracle and charitable acts as evidence that he is not a man limited in
range and that his love for his neighbor is not restricted to race or
tribe; and
WHEREAS, Many other notable Haitians have made
NYS ASSEMBLY MAY 18, 2011
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rich contributions to the nation, such as the Tuskegee trained
Raymond Cassagnol who helped form the Haitian Air Force in the
United States; Jean Baptiste Point Du Sable from San Marc, a Haitian
immigrant who founded the first nonindigenous settlement in what is
now Chicago, Illinois, where he established a community, attracted
colonists to the area, and founded a trading post, which had a major
impact on Chicago's early economy; and
WHEREAS, John James Audubon, born in Haiti,
inspired one of the founders of the Audubon Society in the late 1800s,
to name the society after John James Audubon because of his
reputation and deep appreciation and concern for the natural world; to
this day, the name Audubon remains synonymous with avian life,
wildlife protection, and environmental conservation the world over;
and
WHEREAS, It is the practice of this legislative Body
to recognize those important days which remind us of the rich and
diverse heritage of our great State and Nation; now, therefore, be it
RESOLVED, That this legislative Body pause in its
deliberations to memorialize Governor Andrew M. Cuomo to
proclaim May 18, 2011, as Haitian Unity Day in the State of New
York, in honor of Haiti's legacy of liberty and justice throughout the
world and in honor of the significant and countless contributions of
New Yorkers of Haitian descent who have enriched our Nation and
our State; and be it further
RESOLVED, That a copy of this Resolution, suitably
NYS ASSEMBLY MAY 18, 2011
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engrossed, be transmitted to The Honorable Andrew M. Cuomo,
Governor of the State of New York.
ACTING SPEAKER GUNTHER: On the resolution,
all those in favor signify by saying aye; opposed, no. The resolution is
adopted.
Privileged resolution by Mr. Molinaro, the Clerk will
read.
THE CLERK: Resolution No. 536.
Legislative resolution memorializing Governor
Andrew M. Cuomo to proclaim September 2011, as Chiari
Malformation and Syringomyelia Awareness Month in the State of
New York.
WHEREAS, The State of New York takes great pride
in participating in months of awareness of important health issues; and
WHEREAS, Attendant to such concern, and in full
accord with its longstanding traditions, it is the sense of this legislative
Body to memorialize Governor Andrew M. Cuomo to proclaim
September 2011, as Chiari Malformation and Syringomyelia
Awareness Month in the State of New York; and
WHEREAS, Chiari Malformation is a condition
where part of the brain, the cerebellar tonsils, descends out of the skull
and crowds the spinal cord; and
WHEREAS, First identified by Hans Chiari in the
1890s, the cause is unknown and is believed to be primarily a
congenital condition; and
NYS ASSEMBLY MAY 18, 2011
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WHEREAS, Chiari Malformation leads to a
secondary condition, Syringomyelia, in some people; it is a
neurological condition where a fluid filled cyst, or syrinx, forms in the
spinal cord; and
WHEREAS, The syrinx expands the spinal cord,
sometimes to more than twice its normal diameter, and stretches the
nerve tissue paper thin; and
WHEREAS, Chiari Malformation is the leading
cause of Syringomyelia, so some people must deal with two sets of
problems; and
WHEREAS, Chiari Malformation symptoms include
but are not limited to: Severe headaches brought on by coughing and
straining; trouble swallowing and sometimes speaking; loss of fine
motor control; and balance problems; and
WHEREAS, Syringomyelia symptoms include but
are not limited to: Extreme pain in neck and shoulders; loss of
bladder and bowel control; numbness in hands and feet, unable to feel
hot and cold; and weakness, stiffness and pain in arms and legs; and
WHEREAS, Chiari Malformation and Syringomyelia
affect more than 300,000 people in the United States; and
WHEREAS, These devastating diseases are
diagnosed by using a combination of MRI, neurological exam,
physician's judgment, and other tests; patients often go five or more
years before being properly diagnosed; and
WHEREAS, A study of over 300 Chiari
NYS ASSEMBLY MAY 18, 2011
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Malformation and Syringomyelia patients found approximately 57%
had at one time been told by a doctor they were suffering from a
mental or emotional problem; many patients undergo serious brain
surgery in an attempt to stop symptoms from progressing; and
WHEREAS, Research has shown that surgery can
improve symptoms with approximately an 80% success rate; Chiari
Malformation and Syringomyelia can place a tremendous physical,
mental, emotional, and economic strain on patients and their families;
and
WHEREAS, Chiari Malformation and Syringomyelia
Awareness Month provides an opportunity to focus on these
significant and complex diseases, to provide information on and raise
public awareness of the causes, effects and treatments, and to
underscore important education and research efforts surrounding
Chiari Malformation and Syringomyelia; now, therefore, be it
RESOLVED, That this legislative Body pause in its
deliberations to memorialize Governor Andrew M. Cuomo to
proclaim September 2011, as Chiari Malformation and Syringomyelia
Awareness Month in the State of New York; and be it further
RESOLVED, That a copy of this Resolution, suitably
engrossed, be transmitted to The Honorable Andrew M. Cuomo,
Governor of the State of New York.
ACTING SPEAKER GUNTHER: On the resolution,
all those in favor signify by saying aye; opposed, no. The resolution is
adopted.
NYS ASSEMBLY MAY 18, 2011
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Privileged resolution by Mr. Schroeder, the Clerk will
read.
THE CLERK: Resolution No. 537.
Legislative resolution memorializing Governor
Andrew M. Cuomo to proclaim January 2012 as Carbon Monoxide
Poisoning Awareness Month in the State of New York, in memory of
Amanda J. Hansen.
WHEREAS, Carbon monoxide is an odorless,
colorless gas that is produced whenever any fuel such as natural gas,
propane, gasoline, oil, kerosene, wood or charcoal is burned; devices
that produce carbon monoxide include cars, boats, gasoline engines,
stoves and heating systems; carbon monoxide from these sources can
build up in enclosed or semi-enclosed spaces; and
WHEREAS, Often called the silent killer because if
early signs are ignored, a person may lose consciousness and be
unable to escape the danger, carbon monoxide is the most common
cause of poisoning death in the United States and is responsible for
about 500 deaths and 15,000 visits to the emergency room annually;
and
WHEREAS, When people inhale carbon monoxide,
the toxic gas enters the bloodstream and blocks oxygen from being
absorbed into the body, which can damage tissues and even result in
death; older adults over 65 years of age are especially vulnerable to
unintentional carbon monoxide poisoning due to their high frequency
of pre-existing medical conditions; and
NYS ASSEMBLY MAY 18, 2011
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WHEREAS, For most people, the first signs of
exposure to low concentrations of carbon monoxide include mild
headache and breathlessness upon moderate exercise; continued or
acute exposure can lead to flu-like symptoms including more severe
headaches, dizziness, tiredness, nausea, confusion, irritability, and
impaired judgment, memory and coordination; and
WHEREAS, Breathing low concentrations of carbon
monoxide may not result in obvious symptoms of poisoning, but may
cause long-term health damage, even after the exposure to the gas is
removed; and
WHEREAS, On January 17, 2009, a junior at West
Seneca Senior High School and a member of the swim team, Amanda
J. Hansen succumbed to carbon monoxide poisoning after sleeping
near a malfunctioning basement boiler during a sleepover party; and
WHEREAS, To bring something positive out of this
tragedy, Ken and Kim Hansen established the Amanda J. Hansen
Memorial Benefit in honor of their daughter to raise money for a
scholarship fund and to promote the dangers of carbon monoxide and
the importance of using detectors in residences; and
WHEREAS, As of February 22, 2010, Amanda's Law
took effect in the State of New York, requiring the mandatory
installation of operable carbon monoxide detectors in every home
throughout the State; and
WHEREAS, This legislative Body recognizes the
critical importance of educating the public about the dangers of
NYS ASSEMBLY MAY 18, 2011
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carbon monoxide and the need to use carbon monoxide detectors in
their homes; now, therefore, be it
RESOLVED, That this legislative Body pause in its
deliberations to memorialize Governor Andrew M. Cuomo to
proclaim January 2012 as Carbon Monoxide Poisoning Awareness
Month in the State of New York, in memory of Amanda J. Hansen;
and be it further
RESOLVED, That copies of this Resolution, suitably
engrossed, be transmitted to The Honorable Andrew M. Cuomo,
Governor of the State of New York, West Seneca Senior High School,
and the family of Amanda J. Hansen.
ACTING SPEAKER GUNTHER: On the resolution,
all those in favor signify by saying aye; opposed, no. The resolution is
adopted.
Mr. Canestrari.
MR. CANESTRARI: Yes, Ms. Speaker, we will now
go to the debate list and go to Calendar No. 143 on page 11 of the
Calendar, Ms. Crystal Peoples-Stokes, please. Calendar No. 143.
ACTING SPEAKER GUNTHER: The Clerk will
read.
THE CLERK: Bill No. 1921, Calendar No. 143,
People-Stokes, P. Rivera, Schroeder, Calhoun. An act to amend the
Insurance Law, in relation to discrimination based on inquiries.
ACTING SPEAKER GUNTHER: An explanation is
requested.
NYS ASSEMBLY MAY 18, 2011
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MS. PEOPLES-STOKES: Sure. Thank you, Madam
Speaker. I appreciate the opportunity to explain this bill that has been
around for a while and it essentially just prohibits insurers from
penalizing consumers for calling to ask questions about their policies
that they've already purchased and, in many cases, paid for.
ACTING SPEAKER GUNTHER: Mr. Hawley.
MR. HAWLEY: Would the sponsor yield for a
couple of questions?
ACTING SPEAKER GUNTHER: Will the sponsor
yield?
MS. PEOPLES-STOKES: Yes.
MR. HAWLEY: What reasons, if you could expound
on them, specific reasons, do you have for requiring or coming up
with this law, this bill?
MS. PEOPLES-STOKES: Well, specifically it's for
consumers who have called regarding their insurance to ask a specific
question and as a result of that question the insurance company
changed their ratings which then, unfortunately, made the cost of their
policy to go up. They were not asking a question about some damage
or some desire to claim, just information about the policy which they
had purchased.
MR. HAWLEY: And do you think that -- did you
say that you think insurance rates or premiums are increased as a
result of these inquiries?
MS. PEOPLES-STOKES: Yes, yes, that has
NYS ASSEMBLY MAY 18, 2011
20
happened.
MR. HAWLEY: And could you tell me what CLUE
stands for, the C-L-U-E- that you reference here?
MS. PEOPLES-STOKES: Comprehensive Loss
Underwriting Exchange.
MR. HAWLEY: And what is CLUE specifically?
What's it for?
MS. PEOPLES-STOKES: Well, this bill would not
prohibit the insurer from engaging in its due diligence as it relates to
CLUE. If they want to go out and check on the question that the
consumer asked them about, they can certainly do that and if the
consumer somehow has the intent of defrauding the insurance
company they can apply whatever they need to apply, but if a senior or
any other consumer just has a general question regarding their policy
they should not have to worry that their fees are going to go up as a
result of it.
MR. HAWLEY: Do you think insurers have the right
to review all kinds of issues when they either are issuing a policy or
looking at renewal or nonrenewal. Wouldn't this just be one of many,
many factors that enter into it?
MS. PEOPLES-STOKES: If your question is, does
the business have the right to do their due diligence when a person is
purchasing the policy and/or filing a claim against the policy,
absolutely, I agree.
MR. HAWLEY: Right. This is just one of many,
NYS ASSEMBLY MAY 18, 2011
21
many ways that insurers analyze whether a claim is worth insuring or
not, whether it's a homeowners' or an umbrella or an auto policy. I
have to disagree with you, Ms. Peoples, that premiums may increase
as a result of a filing or a notice to CLUE; all that is is a reporting
agency that receives information about claims and that's one of many,
many items that are used to buy an insurance company to either
continue or issue a policy. So, I think this is, although
well-intentioned and I understand what you're saying it's very, very -- I
think it's excess amount of interference by the State of New York and
private enterprise. Thank you, Madam Speaker.
MS. PEOPLES-STOKES: Well, I respectfully
disagree with you, Mr. Hawley.
ACTING SPEAKER GUNTHER: Excuse me, can
we please have some order in the Chamber. Thank you so much.
Ms. Calhoun.
MS. CALHOUN: Thank you, Madam Speaker. On
the bill.
ACTING SPEAKER GUNTHER: On the bill.
MS. CALHOUN: I have been a member of a group
that is called the National Conference of Insurance Legislators, as
have a number of the people in this room. The issue that the sponsor
brings up is very real and what it means is, if you make a phone call to
your insurance company, for instance, a tree falls down, you want to
find out if there's any impact, even if you don't follow up with a claim,
that insurance company will put that on your record and you will
NYS ASSEMBLY MAY 18, 2011
22
potentially, not every insurance company, receive an increase in your
rates. We have discussed this many times there. I did speak out at the
Insurance Committee meeting about this. This is something that is a
good consumer issue because it prevents people from having the mere
making of a phone call to find out what their rights are. It would
allow them not to be subject to having an increase in their premium.
So, I want to compliment the sponsor and I want to say that this bill is
a good bill for the consumers out there. The same would apply if you
have minor damage to your car. This is good. I will be supporting it
and I thank the sponsor for bringing it forward.
ACTING SPEAKER GUNTHER: Mr. Barclay.
MR. BARCLAY: Would the sponsor yield for a
quick question?
ACTING SPEAKER GUNTHER: Will the sponsor
yield?
MS. PEOPLES-STOKES: Sure, Mr. Barclay.
MR. BARCLAY: Thanks. How is this enforced or
how do you know this conversation took place? Say someone makes
an inquiry to the insurance company, they end up with a premium
increase, how do you know it's a result of that call?
MS. PEOPLES-STOKES: Well, because as you
know, the Attorney General is the consumers' or the citizens' attorney
for the entire State and citizens on a regular basis contact his office
complaining that when they make inquiries regarding their insurance
policies their rates somehow seem to go up and they haven't even
NYS ASSEMBLY MAY 18, 2011
23
claimed anything on it. So, this is originally a program bill that came
out of the Attorney General's Office.
MR. BARCLAY: I'm sorry, I couldn't hear you. It
came out of the Insurance Department?
MS. PEOPLES-STOKES: It's a program bill that
came from the Attorney General's Office.
MR. BARCLAY: Oh, it came from the Attorney
General's Office.
MS. PEOPLES-STOKES: Yes. As a result of calls
that he had received on a regular basis from citizens across the State
of New York.
MR. BARCLAY: Was there any study done by the
Attorney General. Does anyone have any idea that this nexus between
the inquiry and the actual rate increases happen as a result of the
inquiries?
ACTING SPEAKER GUNTHER: Can we please get
some order in the Chamber?
MS. PEOPLES-STOKES: I can't assure you that the
Attorney General did a study, but I can assure you he would not have
put out a frivolous bill based on a non-issue.
MR. BARCLAY: What happens -- so, what's the
enforcement mechanism --
ACTING SPEAKER GUNTHER: Mr. Gantt, why
do you rise?
MR. GANTT: Madam Speaker, the question was
NYS ASSEMBLY MAY 18, 2011
24
asked whether or not there's been a study done. Let me inform this
Chamber that --
ACTING SPEAKER GUNTHER: Mr. Gantt, Mr.
Barclay has the floor. Are you asking him to yield?
MR. GANTT: Mr. Barclay, would you yield?
MR. BARCLAY: I will yield in a second, if I could
just ask one more question, please. Then I will be happy to yield.
What's the enforcement mechanism under this bill?
MS. PEOPLES-STOKES: I think it was the
insurance agency that actually gets to do the enforcement. It would be
the same insurance agency that enforces every other insurance law.
MR. BARCLAY: So, if someone would make a
claim saying, "My premiums went up as a result of me making an
inquiry to the insurance company," and then presumably the insurance
-- what would they lower the premium back down to where it was?
MS. PEOPLES-STOKES: Well, I would hope that
they would or at least remove the CLUE notice from their database
history so that that customer can go and find another insurance
company that would be willing to treat them more fairly.
MR. BARCLAY: Thank you, and I would be happy
to yield if Mr. Gantt wants.
ACTING SPEAKER GUNTHER: Mr. Gantt.
MR. GANTT: Madam Speaker, for Mr. Barclay and
everybody else in this Chamber, when you asked the question about
whether or not there are studies being done, let me inform this House
NYS ASSEMBLY MAY 18, 2011
25
that this Assembly over the past five years has worked with a local
anti-poverty agency to do exactly this along the red lining thing.
Much of this information probably came from the Rochester area, so I
will be glad to get for him that information if it's necessary.
MR. BARCLAY: Thank you.
ACTING SPEAKER GUNTHER: Mr. Hawley.
MR. HAWLEY: On the bill, Madam Speaker.
ACTING SPEAKER GUNTHER: On the bill.
MR. HAWLEY: Just a point of clarification. A
number of people have spoken on this bill and I can tell you that
insurance premiums do not increase on your auto, your homeowners'
or your umbrella based on a report to CLUE. Insurance rates on your
automobile insurance increase if you have collision on your policy and
the total amount of damages exceed $2,000. It's called a surcharge.
The company, as a result of that, can either non-renew or increase
your premium accordingly. On the homeowners' insurance, if you
have a claim, you cannot receive a rate increase based on a surcharge,
but if you have too many claims over a certain period of time, the
insurance carrier, as a result of that, can non-renew you. So, some of
the comments that were made are somewhat well-intentioned, but not
based on any fact. Thank you.
ACTING SPEAKER GUNTHER: Read the last
section.
THE CLERK: This act shall take effect on the 30th
day next succeeding the date on which it shall have become a law.
NYS ASSEMBLY MAY 18, 2011
26
ACTING SPEAKER GUNTHER: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Gantt to explain his vote.
MR. GANTT: Yes, Madam Speaker. I got up and
asked for permission before, but I did want to speak on this because I
have been working on this for quite some time, and Mr. Hawley,
while he's a great friend of mine, does not understand what exactly
happens, particularly in urban areas. And so, I want to, first of all,
praise Mrs. Peoples for putting this bill on the floor, because we all
understand exactly what happens, particularly in urban areas, given
the fact that people get their insurances raised and canceled all the
time. I can tell you I'm one who has real estate, it happens to me and
you have to make no claim. It's just simply somebody down the street
happened to have a vacant house and the insurance policy is one,
canceled; and two, large increases are made. I get those calls in my
office every day. So, Mrs. Peoples, thank you very much for putting
this bill on the floor and I shall support it. Thank you, Ms. Speaker, I
vote in the affirmative.
ACTING SPEAKER GUNTHER: Mr. Canestrari.
MR. CANESTRARI: Ms Speaker, as you know,
colleagues, our first vote of the day. Please join us in the Chamber.
First vote of the day. First bill of the day. Calendar No. 143, Ms.
Peoples-Stokes. Thank you.
ACTING SPEAKER GUNTHER: Are there any
NYS ASSEMBLY MAY 18, 2011
27
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Yes, Ms. Speaker, my
colleagues, we will now go to Calendar No. 48 on page 7, Mr. Jeffries,
followed by Mr. Gottfried, on page 18, Calendar No. 300 and 301.
So, Calendar No. 48 Calendar No. 300, Calendar No. 301 for now.
ACTING SPEAKER GUNTHER: The Clerk will
read.
THE CLERK: Bill No. 1596, Calendar No. 48,
Jeffries, Kavanagh, Wright, Colton, Schimel, Markey, Cook, M.
Miller. An act to amend the Environmental Conservation Law, in
relation to the siting and presence of adequate numbers of trash
receptacles in commercial zones and recreational areas in cities with a
population of one million or more.
ACTING SPEAKER GUNTHER: An explanation
has been requested.
MR. JEFFRIES: Madam Speaker, this bill will
amend the Environmental Conservation Law with respect to the
provision of solid waste management plans for municipalities. Under
the current Environmental Conservation Law, there are seven criteria
which are set forth that must be included when a solid waste
management plan is put together by a municipality. This bill will
amend that provision of law to require that in a city of one million or
NYS ASSEMBLY MAY 18, 2011
28
more there be set forth in a solid waste management plan adequate
provisions for trash receptacles and recycling bins in all commercial
districts, business corridors and public recreation areas throughout the
city.
ACTING SPEAKER GUNTHER: Mr. Conte.
MR. CONTE: Thank you, Madam Speaker. Will the
sponsor yield just for a couple questions?
ACTING SPEAKER GUNTHER: Will the sponsor
yield?
MR. JEFFRIES: Certainly.
MR. CONTE: Thank you. This is just for the City of
New York, right?
MR. JEFFRIES: Yes, sir.
MR. CONTE: Okay. And we're asking them to plan
for the placement of adequate number of receptacles for trash and
recyclables located in commercial and business districts, as well as
parks and zoos and botanical gardens. The City of New York
basically says that the New York City Department of Sanitation
doesn't have control over all those specific areas that you want them to
have control over when it comes to placing of these particular
receptacles. How are they supposed to force botanical gardens, the
bids, the zoos to place receptacles where they would like them to be
placed?
MR. JEFFRIES: Well, the City of New York
articulated that concern last year and in response to that concern we
NYS ASSEMBLY MAY 18, 2011
29
have amended the legislation to make it clear that in public recreation
areas, park, zoos, botanical gardens, that the Commissioner of Parks
would have responsibility and jurisdiction to set forth the trash
receptacle policy in the area where he or she has jurisdiction.
MR. CONTE: I thank you for that, but I would like
for you to tell me where in your legislation that that says that because
I don't see it?
MR. JEFFRIES: Well, if you look at, I guess,
proposed Section 8, it says that, "...including provision for the
placement of an adequate number of receptacles for trash and
recyclables located in commercial and business districts," key phrase,
"as determined by the Sanitation Commissioner of such city and
public recreational areas such as parks, zoos and botanical gardens as
determined in conjunction with the Parks Commissioner of such city."
MR. CONTE: And is there a dollar cost involved in
this?
MR. JEFFRIES: Yes, there is no dollar cost because
we are not specifying in the legislation that there be any additive
number, just that in the solid waste management plan that they're
currently required to put forth under law that there will be an adequate
number of receptacles placed in a fair and equitable fashion across all
five boroughs of the City of New York.
MR. CONTE: And I guess my question is is why
can't the City of New York determine this on its own with the City
Council and the Mayor and the Department of Sanitation and the
NYS ASSEMBLY MAY 18, 2011
30
Department of Parks? I mean, I just don't understand why -- here we
are, you know, with less than 20 days left in the legislative Session
that we're going to tell the City of New York where to put their
garbage cans.
MR. JEFFRIES: Well, this is an area of law where
the Environmental Conservation provisions have already spoken
clearly. As I indicated at the beginning of this discussion, there are
already seven criteria set forth under law that, I believe, have been in
law for decades as it relates to what needs to be included in a solid
waste management plan. What we're doing here is simply adding an
8. I understand that the City takes the view, and I don't believe they're
opposed to this legislation and I've worked with them to make the
amendments that we just discussed, but I understand that, generally,
the City would take the view that it's adequately prepared for this type
of situation. It also took the view that it was adequately prepared for
snow removal, but during the blizzard of 2010, we found differently.
So, I think it's appropriate for us to put into law provisions to make
sure that there's a fairness and an equitability as it relates to how the
City manages solid waste.
MR. CONTE: Okay. Thank you.
On the bill, Madam Speaker.
ACTING SPEAKER GUNTHER: On the bill.
MR. CONTE: I fear that this is, first off, a slippery
slope, if you will. One, it's an unfunded State mandate placed upon
the City of New York but next, when you look at the section of law
NYS ASSEMBLY MAY 18, 2011
31
that we are amending, it talks about municipal solid waste
management which is our counties, our towns and our villages. They
carve out now one section dealing with the City of New York telling
them that they must have adequate numbers of sanitation receptacles.
I don't know what that number is, I don't believe the sponsor knows
what that number is. I guess, you know, next, this House is going to
move forward and not only tell the City of New York how many
receptacles it has to have on which corner, on which bid, at which
park, at which zoo, at which botanical garden, but I can see next we
are going to be telling all municipalities in the counties, all
municipalities in the towns where they have to go and put receptacles
and garbage cans and recycling things.
I just don't believe with 20 days left of the legislative
Session that we should be dealing with this type of unfunded State
mandate placed upon now just New York City, but I believe it's going
to be further and further down the line. I'm going to be voting no on
this legislation. The City of New York, I believe, and the City
Council and the Mayor himself, who has not been shy in trying to
dictate social policy and personal issues of how people should behave,
I believe they are the right people to be able to decide where our
garbage cans in the City of New York should be placed, not the New
York State Assembly. Thank you, Madam Speaker.
ACTING SPEAKER GUNTHER: Mr. Vito Lopez.
MR. V. LOPEZ: Would the sponsor yield?
ACTING SPEAKER GUNTHER: Will the sponsor
NYS ASSEMBLY MAY 18, 2011
32
yield?
MR. JEFFRIES: Certainly.
MR. V. LOPEZ: Your district is not far from mine
and we have regularly problems with rats and rodents. Do you feel
that if we put together this plan and we have adequate trash
receptacles we could address the enormous rat and rodent problems
that we have?
MR. JEFFRIES: Absolutely. You know, as the
City's population continues to explode, as new commercial districts
and business corridors expand, what we're simply suggesting as part of
the Environmental Conservation Law that is already in place, is that
the City make sure that there are adequate provisions for the
management of solid waste which does lead, as you have pointed out,
to severe quality of life issues including dealing with the rodent and
rat infestation problem.
MR. V. LOPEZ: We haven't done a census on
rodents, but a few years ago they told me that there are more rats in
New York City than there are people. And since the census tracts
didn't come out with a gross increase, I'm sure that that population in
the subways, in these manufacturing places and in areas really are
exploding and there's no plan or remedy that I see. This would be one
way, not the total way, of alleviating that and I understand the
criticism about it being a mandate, but do you think that if we don't do
anything that we're going to pay for it in a different way?
MR. JEFFRIES: Well, absolutely. I mean, there are
NYS ASSEMBLY MAY 18, 2011
33
quality of life consequences and I think what we're suggesting is that
as part of the plan that they're already obligated to put together under
law that there be some fairness and some equitability as it relates to
how to manage a real quality of life concern. And the notion that it is
a mandate, as articulated not by you, but by the previous speaker, is
totally unfounded because there is no requirement as it relates to the
number of trash receptacles, just that when they put together the plan
that it take into account the concerns of every single neighborhood,
every single community, every single borough in the City of New
York as opposed to some of the more centralized business districts
that normally get a disproportionate amount of attention.
MR. V. LOPEZ: On the bill.
ACTING SPEAKER GUNTHER On the bill.
MR. V. LOPEZ: Once again, my distinguished
colleague from Brooklyn has put together, if you look at the bills, a
comprehensive package to deal with the quality of life in New York
City and especially in Brooklyn. I strongly support this bill and I
think it's necessary and I understand the question about mandates and
the consistency, and the person that raised that I consider a good
friend, but I've been here too long to know when it's a selective
argument around what's mandated and not. This is, I don't believe a
mandate and if it is interpreted as a mandate, I really do believe we
have to do something with the quality of life problems created by the
lack of receptacles. So, I strongly urge a yes vote. I will be voting
yes. Thank you.
NYS ASSEMBLY MAY 18, 2011
34
ACTING SPEAKER GUNTHER: Assemblymember
Titone.
MR. TITONE: Will the sponsor yield?
ACTING SPEAKER GUNTHER: Will the sponsor
yield?
MR. JEFFRIES: Yes.
MR. TITONE: Mr. Jeffries, when you say all five
boroughs, all the boroughs, are you including Staten Island?
MR. JEFFRIES: I'm definitely including Staten
Island.
MR. TITONE: Oh, my goodness, you make me so
happy. So, you mean this bill could potentially get Staten Island its
fair share of sanitation needs?
MR. JEFFRIES: Staten Island certainly deserves its
fair share of sanitation needs.
MR. TITONE: I'm going to cry. Thank you, Mr.
Jeffries. I strongly urge a yes vote on this bill.
ACTING SPEAKER GUNTHER: Assemblymember
Schimel.
MS. SCHIMEL: Thank you, Madam Speaker. Will
the sponsor yield?
ACTING SPEAKER GUNTHER: Will the sponsor
yield?
MR. JEFFRIES: Certainly.
MS. SCHIMEL: I, as you know, live outside. I
NYS ASSEMBLY MAY 18, 2011
35
border New York City, but I do spend a lot of time in New York City,
but I'm looking at this bill as a model for other areas, particularly my
own area and I'm looking -- I think one of the things I've noted is solid
waste management and recycling is very expensive in terms of what it
means to the property taxpayers and I was wondering, and this may
not be a fair question, but in terms of codifying the amount of money,
I know enough about sole-source management that it's much more
reasonable, if you will, to take care of trash at the moment of
consumption and disposal as opposed to later picking it up. Is there
any way for you to codify in terms of the tax savings of
primary-source disposal versus on-the-ground disposal of having
manpower picking up the garbage from the streets?
MR. JEFFRIES: Well, I think you raise a very good
point and, you know, it's something that is worthy of analysis and
consideration moving forward, but the fundamental premise of your
question, I believe, makes the point that, if anything, this is legislation
that will result in a net benefit to taxpayers and a net cost savings to
taxpayers, not a net lost.
MS. SCHIMEL: Right. I just want to point out from
a recycling point of view, when it is done it's sole source. At the point
of sole source it is more then 50 percent less than having a manpower
of having to separate the co-mingled solid waste with the recyclables.
So, I urge you, in looking at this, and I know this is a plan, to also
consider the use of recyclables when you do solid waste management
receptacles and I know the DEC has done a phenomenal job in terms
NYS ASSEMBLY MAY 18, 2011
36
of using patterns of recycle next to solid waste because that will also
save money and this is all about savings taxpayer dollars. Thank you
for sponsoring this.
MR. JEFFRIES: And thank you for that point and
just in response, the legislation actually does specifically reference
both trash receptacles and recycling bins and so to your point, we do
think it will address or encourage recycling at the initial point of
contact.
ACTING SPEAKER GUNTHER: Mr. Hanna.
MR. HANNA: Thank you, Madam Speaker. Will
the sponsor yield for just one question?
ACTING SPEAKER GUNTHER: Will the sponsor
yield?
MR. JEFFRIES: Certainly.
MR. HANNA: Thank you. The previous speaker --
before I ask the question, the previous speaker seemed to confirm the
fears articulated by Mr. Conte just a few minutes ago that this is just
the first step towards spreading this program throughout the State
which would probably be unwarranted. My question to you, sir, is
could you please identify for me what experience and what expertise
this Body has that New York City officials do not have for addressing
this particular issue?
MR. JEFFRIES: Well, you know, one, we have
general jurisdiction in a wide variety of areas, two, the Environmental
Conservation Law specifically sets forth a requirement for the
NYS ASSEMBLY MAY 18, 2011
37
provision of solid waste management. There are already seven criteria
that were put into law long before I arrived in this Body. We are
adding an eighth in response to concerns that have been raised by
members of my community, members of other communities all across
the City of New York and third, the expertise in this area will still rest
with the Commissioner of Sanitation and the Commissioner of Parks
as specifically articulated in this bill.
MR. HANNA: Thank you.
ACTING SPEAKER GUNTHER: Mr. DenDekker.
MR. DENDEKKER: Will the sponsor yield for a
question?
ACTING SPEAKER GUNTHER: Will the sponsor
yield?
MR JEFFRIES: Certainly.
MR. DENDEKKER: Thank you very much. First of
all, I would like to commend you for this bill. As a retired sanitation
worker I can tell you there should be more trash receptacles,
especially on the commercial strips. From a cost savings aspect, I
believe that -- and I want to ask you, wouldn't you also believe that it
would be cheaper for us to get the garbage out of a receptacle rather
than paying workers to sweep the litter that's strewn out throughout
the neighborhoods? And wouldn't you also possibly agree that there
would be a savings to small business and to residents who get fines for
debris that blows onto their property on a regular basis because there
aren't enough receptacles in their area and they're being unjustly
NYS ASSEMBLY MAY 18, 2011
38
burdened with that?
MR. JEFFRIES: Well, absolutely. I think you raise
some excellent points. One, from a manpower savings standpoint, the
Sanitation Department and the Parks Department are already under
tremendous fiscal duress, so to the extent that we can have individual
citizens and/or businessowners participating in trash collection, trash
deposits, as well as recycling at the onset that that will be a beneficial
thing from a financial perspective, and I think I would also add that
from a small business perspective to the extent that we want to
encourage the growth and development of small businesses and the
success of commercial corridors, particularly in the outer boroughs in
new communities that are thriving, that one of the things important to
attracting customers will be the appearance and the cleanliness of
those commercial corridors.
MR. DENDEKKER: Isn't it true that right now the
City of New York does report cards on their street cleaning in the area
that they make available to local community boards and then they
look at those report cards to determine where they're going to put
manpower to actually go out and clean those areas and maybe part of
this plan should include the community board process to be able to
identify these commercial corridors that are always coming in
underrated and if those corridors get better, more people will be more
inclined to go shopping in those areas, thereby generating more
revenue or sales?
MR. JEFFRIES: Yes, that is certainly something that
NYS ASSEMBLY MAY 18, 2011
39
I will discuss with the Senate sponsor of the legislation moving
forward.
MR. DENDEKKER: Thank you very much.
ACTING SPEAKER GUNTHER: Mr. Losquardo.
MR. LOSQUADRO: Thank you. Would the sponsor
yield?
ACTING SPEAKER GUNTHER: Will the sponsor
yield?
MR. JEFFRIES: Certainly.
MR. LOSQUARDO: Thank you. I know this seems
rather innocuous and I know it's generated a lot of debate, but I do feel
it's important because I don't feel this is a savings at all. I think it's a
duplication or a tripling or even a quadrupling of a lot of things
already seen. We have heard enumerated many actions that are
already taken by various agencies and departments in the City of New
York that are currently addressing this and we heard even to go so far
afield as to discuss rodent problems. Does every county and city
across this State have a Division of Vector Control?
MR. JEFFRIES: Well, I'm not sure I understand the
basis of your question because this has nothing to do with any other
county in the City of New York other than a city of one million or
more and the last time I checked --
MR. LOSQUADRO: I understand that. But, does
New York City, do counties have Divisions of Vector Control that are
responsibile for monitoring populations of vector-borne diseases and
NYS ASSEMBLY MAY 18, 2011
40
the animals that carry them?
MR. JEFFRIES: Well, the Department of Sanitation
in New York City, I believe, has jurisdiction over that area and with
respect to this legislation --
MR. LOSQUADRO: My point being is that is yet
another agency and another function that's already being fulfilled by
an agency within the government in New York City.
MR. JEFFRIES: Right.
MR. LOSQUADRO: Sanitation, Parks, we can go on
and on. I believe this is truly an instance of too many cooks in the
kitchen and I think while well-intentioned, it's actually going to wind
up getting nothing done and hindering the process instead of solving
something that should be holding the individuals that already have
responsibility for this to account for their inaction. Thank you.
ACTING SPEAKER GUNTHER: Read the last
section.
THE CLERK: This act shall take effect on the 180th
day next succeeding the date on which it shall have become a law.
ACTING SPEAKER GUNTHER: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Molinaro to explain his vote.
MR. MOLINARO: Thank you, Madam Speaker. I
don't think those of us who have a concern with this piece of
legislation are concerned about the intent. The solid waste
NYS ASSEMBLY MAY 18, 2011
41
management plan process, as it appears in law, is to direct
municipalities to create solid waste management programs across the
State. There is no such specific language as that which is being
proposed today anywhere else in this law. You have counties across
the State today who are having an enormously difficult problem
attempting to both renew, implement and deal with solid waste
management. Nowhere in the State requirement today do we carve
out a population, do we carve out a specific requirement; in fact, one
could easily argue that the SWAMP, is what it's called, current
legislation, current law already dictates that municipalities deal with
this kind of issue; to be so specific is not only a slippery slope, this
particular legislation is not supposed to be a menu for municipalities
to be directed to accomplish certain things. It's so that they would
properly manage solid waste in an environmentally sensitive way.
That's what the law already says. This bill goes too far and for that
reason, I will be voting in the negative.
ACTING SPEAKER GUNTHER: Are there any
other votes?
The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
Calendar No. 300, page 18.
THE CLERK: Bill No. 657, Calendar No. 300,
Gottfried, Paulin, Galef, Robinson, Jaffee, Colton, Millman, Cahill,
Scarborough, Lancman. An act to amend the Public Health Law, in
NYS ASSEMBLY MAY 18, 2011
42
relation to remedies available in private actions by patients of
residential health care facilities.
ACTING SPEAKER GUNTHER: An explanation
has been requested.
MR. GOTTFRIED: Yes. The Public Health Law has
provisions authorizing patients to sue a nursing home under various
circumstances. This legislation makes clear that the patient's claim
can be advanced either by the patient's legal representative or the
patient's estate where the patient has died.
ACTING SPEAKER GUNTHER: Mr. Conte.
MR. CONTE: Could the sponsor just yield for just a
quick question?
ACTING SPEAKER GUNTHER: Will the sponsor
yield?
MR. GOTTFRIED: Yes.
MR. CONTE: Dick, we've passed this bill a number
of times unanimously. There's 16 days left in the legislative Session.
Do you have -- and I'll ask for this one and I believe for the next one
also that we're going to be taking up, are there Senate sponsors for
these bills?
MR. GOTTFRIED: Not at this time.
MR. CONTE: Thank you.
ACTING SPEAKER GUNTHER: Read the last
section.
THE CLERK: This act shall take effect immediately.
NYS ASSEMBLY MAY 18, 2011
43
ACTING SPEAKER GUNTHER: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Calendar No. 301, page 18, the Clerk will read.
THE CLERK: Bill No. 663, Calendar No. 301,
Gottfried, Dinowitz. An act to amend the Social Services Law, in
relation to the appointment of a temporary operator or voluntary
receiver of adult facilities.
ACTING SPEAKER GUNTHER: An explanation
has been requested.
MR. GOTTFRIED: Yes. This bill clarifies the
powers and responsibilities of a temporary operator appointed to
operate an adult home during a period of a suspension of that adult
home's operating certificate.
ACTING SPEAKER GUNTHER: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER GUNTHER: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
NYS ASSEMBLY MAY 18, 2011
44
the results.
(The Clerk announced the results.)
The bill is passed.
Calendar No. 237, the Clerk will read.
THE CLERK: Bill No. 314, Calendar No. 237,
Paulin, Galef, Reilly, Schimel, Schimminger, Magnarelli, Jaffee,
Lupardo, Englebright, Schroeder. An act to amend the Town Law and
the Village Law, in relation to requiring local building and planning
regulations to accommodate the use of renewable and alternative
energy sources.
ACTING SPEAKER GUNTHER: An explanation
has been requested.
MS. PAULIN: What this bill does is when a
municipality is developing a comprehensive plan, that they would --
they're currently required to take solar energy into consideration when
doing that and that was written at a time when other energy sources
weren't quite as available or as popular, so this bill adds additional
energy sources that a town or a village would take into consideration
when developing their comprehensive plan. It doesn't require them,
though, to do a comprehensive plan.
ACTING SPEAKER GUNTHER: Mr. Molinaro.
MR. MOLINARO: Thank you, Madam Speaker.
Will the sponsor yield for just a couple of questions?
ACTING SPEAKER GUNTHER: Will the sponsor
yield?
NYS ASSEMBLY MAY 18, 2011
45
MS. PAULIN: Yes.
MR. MOLINARO: Thank you, Amy. I just want to
be certain that this legislation doesn't require that municipalities
include in their actually zoning code or construction language,
building construction language, a requirement that renewables be used
or considered in that aspect. This is merely to require the
comprehensive plan to do so?
MS. PAULIN: Yes. And it doesn't even require the
comprehensive plan to include it, if it's not appropriated for that
municipality. It just says that they should be taking it into
consideration.
MR. MOLINARO: Okay. The language does seem,
though, to suggest that the comprehensive plan make accommodation
for. It doesn't seem to carve out any way for a municipality not to at
least attempt to accommodate.
MS. PAULIN: The clause right before it, it says,
"...so far as conditions may permit."
MR. MOLINARO: Okay. And is it your opinion
that a municipality that doesn't appropriately include in their
comprehensive plan such language, they wouldn't be subject or would
they be subject to the potential possible litigation Article 78
proceeding?
MS. PAULIN: No, it's not. In fact, a real life
example in one of my towns, the current law, as you can see, requires
a comprehensive plan to take into consideration solar energy, and
NYS ASSEMBLY MAY 18, 2011
46
when that law was in existence, my hometown did a comprehensive
plan, did not include it, and then there was an application for solar
energy. It was not -- and, in fact, they brought up the law and it was
because they wanted to include a solar panel on their house and the
judge struck it down. So, it's very clear that legal precedent is that
these are suggestions, not absolutes.
MR. MOLINARO: Okay, thank you. Thank you,
Madam Speaker.
ACTING SPEAKER GUNTHER: Mr. Jordan.
MR. JORDAN: Thank you, Madam Speaker. Will
the sponsor yield for a few questions?
ACTING SPEAKER GUNTHER: Will the sponsor
yield?
MS. PAULIN: Yes.
MR. JORDAN: Thank you, Amy. What land use
regulations does Section 263 of Town Law and Section 7-704 Village
Law, what portions of land use law does that regulate?
MS. PAULIN: I don't know. I'm not sure.
MR. JORDAN: Okay. Well, because this bill
proposes to amend Section 263, so I'm trying to find out -- because as
I read the bill, this doesn't say -- I don't believe this addresses what has
to be in the comprehensive plan. I believe this bill addresses what has
to be in the regulations that come out of the comprehensive plan.
MS. PAULIN: It's both; I think that's clear from the
wording but, obviously, if the comprehensive plan didn't include these
NYS ASSEMBLY MAY 18, 2011
47
factors, there would be no regulations to do as a result of that.
MR. JORDAN: In terms of -- assuming that I'm
correct in that 263 addresses for Town Law and its corollary in
Village Law addresses site plan, review, zoning and subdivision regs
or land use laws, and these have to then this laundry list of items then
has to be included in those land use regs or local laws, we use the
words "...so long as conditions may permit." What are those
conditions?
MS. PAULIN: Well, I think that's for the -- you
know, a comprehensive plan, as you probably know, there's usually a
consultant hired and it's a process that they usually do alongside with
the local planning board and it's a process that's reviewed by the
municipality, the people. It's usually, you know, pretty inclusive and I
would imagine that that would be -- that is currently with the solar at
least, and this is just an extension of that, left to that community to
decide.
MR. JORDAN: Okay. But we say, "...so long as
conditions may permit," and I guess my question is, what are those
conditions? Because the comprehensive plan is really just a road map.
It will say we want residential development here, we want commercial
development there, we want open space here, we want industrial
cordoned off over to there where no one can see it. I'm trying to
understand, what are these conditions that a town is supposed to
consider; is it whether or not there's suitable wind? Is it whether
there's suitable access to solar?
NYS ASSEMBLY MAY 18, 2011
48
MS. PAULIN: I was looking at some of the, you
know, specific suggestions, you know, the list and, you know, clearly
ocean thermal, if you're not near an ocean, conditions wouldn't permit.
MR. JORDAN: But let's look at something simple
like solar. My understanding of solar is all you need is a clear access
to a southerly view or southwesterly.
MS. PAULIN: Solar is the current law.
MR. JORDAN: Correct. But we're adding that and
that's an easy one. Or wind, all you need is access to wind.
MS. PAULIN: Well, I would imagine you would,
perhaps, need land for windmills. You know, if there was no ability to
tap that energy source, then conditions wouldn't permit.
MR. JORDAN: Right, but a windmill, a residential
windmill 45 feet high probably needs about a 20-foot-by-20-foot area.
So, is that the condition we're referring to?
MS. PAULIN: I don't believe that a municipality
would be required, under this provision, to force or to be forced to
allow residents to have a windmill in their backyard.
MR. JORDAN: Will this regulation apply to the
Adirondack Park Agency, DEC and its land use oversight and the
Catskill area or the New York City watershed?
MS. PAULIN: You know, this applies specifically to
the development of a comprehensive plan by a municipality. If a
municipality happens to be within the Adirondack Park, as there are
some, when they are developing their comprehensive plan they, first
NYS ASSEMBLY MAY 18, 2011
49
and foremost, would have to respect the laws.
MR. JORDAN: I hate to interrupt. I don't think this
deals with creating the comprehensive plan. This deals with enacting
the land use regulations based on the comprehensive plan. So, it won't
apply to the Adirondack Park Agency then. They won't be required to
consider renewable energy.
MS. PAULIN: Again, those regulations -- this bill
you know, if you read it from beginning to end, what this bill says is
those regulations are as a result of the comprehensive plan. So,
therefore, the comprehensive plan would be the place of first origin.
MR. JORDAN: Correct, but you can't pass zoning
without first doing a comprehensive plan, I understand it, but we're
not talking about what's in the comprehensive plan. We're talking
about what a municipality is going to be required to do now in their
law, but I'll move right along. Let me ask you another question.
MS. PAULIN: Let me just say that this does not
require -- if the municipality did not include these energy sources in
their comprehensive plan there would be no regulation that would be
required, you know, for that municipality because it's a result of the
comprehensive plan, so that's the first place. If it doesn't exist there,
it's not going to exist in the regulation nor will there be a requirement
on the part of the municipality to have one.
MR. JORDAN: Okay. So, now I'm a developer and
my goal is to locate in the Town of Hempstead a wind farm and the
Town of Hempstead's Local Land Use Law fails to consider or include
NYS ASSEMBLY MAY 18, 2011
50
renewable source including wind.
Does this legislation open up the ability for me, as the
developer, to go into court with an Article 78 and say, Judge, the
Legislature directed the Town of Hempstead to consider renewable
energy resources?
MS. PAULIN: One hundred percent, no.
MR. JORDAN: Let me finish because you can't
answer the question, I guess, until I've finished. If I have approached
the Court and said, we've amended 263 to say, "so long as conditions
permit, they must include renewable resources including wind." So,
I'm the developer now saying, Judge, Town Law 273, I think it is, or
the Town of Hempstead's land use regulations fail to address or
include wind, the Legislature has said you must if conditions permit
and the conditions are a steady measurable wind in excess of 20 miles
per hour which is more than adequate to accommodate an 80
megawatt wind farm and I'm curious, are we opening the door to say--
MS. PAULIN: Absolutely 100 percent not. As a
matter of fact, municipalities have such freedom in their zoning that
it's almost the opposite. The developers are currently handicapped
because they can apply under a current existing zoning and then the
municipality could change it on them. That's the current law. So
there is absolutely no recourse on the part of -- it's in my mind too
liberal on the part of a municipality. We should be giving the
developers a little more teeth so that they don't get -- you know, so
that we can encourage business in this State.
NYS ASSEMBLY MAY 18, 2011
51
MR. JORDAN: Fortunately, we have the Vested
Rights Bill which is great, but I think here we're giving the developer
the right to say -- because this is new, the Legislature is now saying,
under Section 263, "...if conditions permit," whatever those conditions
are and as it relates to wind, it's merely a clear access to wind.
MS. PAULIN: If this was purely new, you know,
then I would say, okay, we don't know what the litigation is going to
be like, but it's not new.
MR. JORDAN: It is new as to wind.
MS. PAULIN: We now have existing law on solar
which is certainly there's no place in the State of New York that
doesn't have access to the sun and yet, we don't see that litigation
anywhere.
MR. JORDAN: But also technology has changed
dramatically, whereas solar was inefficient and ineffective years ago.
Today, you can power a residential use with about a $3,500 - $4,000
investment.
MS. PAULIN: I agree with you and that's where we
would be seeing the litigation right now and we're not.
MR. JORDAN: But this in the last year or two and I
think we will.
MS. PAULIN: No, this has been -- I've had this bill
for so many years that that provision for solar has been there the entire
time.
MR. JORDAN: But the technology and the
NYS ASSEMBLY MAY 18, 2011
52
affordability of the technology has not been around.
One last question, I don't see in here where we've
included wood. For a vast majority of Northern New York, a good
portion of Central and Western New York, a very vital and important
renewable resource is wood. I don't see where we have included that
in here, is there a reason why?
MS. PAULIN: I've worked with the environmental
groups to create this definition. If there's an additional energy source
that you think is omitted I would be happy to consider adding it.
MR. JORDAN: Well, I think firewood is a very
important vital part of many residences in Upstate New York, how
they heat their homes.
MS. PAULIN: I will absolutely vet that and, you
know, hopefully, if this becomes law, we'll do a chapter amendment
and if it doesn't become law, then I would consider adding it for next
time.
MR. JORDAN: Great. Thank you, Madam Speaker.
Thank you, Amy.
ACTING SPEAKER GUNTHER: Mr. Goodell.
MR. GOODELL: Madam Speaker, on the bill.
ACTING SPEAKER GUNTHER: On the bill.
MR. GOODELL: In my county we have extensive
wind farm controversies going along because we have great wind but,
unfortunately, where the wind is the best happens to also be a
migratory bird path. And I can assure you, having read many articles
NYS ASSEMBLY MAY 18, 2011
53
on the front page over and over about these tall towers and the impacts
it has on the environment as well as the neighbors, that we are
treading on very dangerous ground when we mandate that these
regulations provide for wind power in the zoning ordinance. Some
towns are simply not appropriately designed for these huge megawatt
wind towers, and if you represent a district that has suburban towns
and all the zoning is on a town-by-town basis you are opening up an
absolute hornet's nest if you require the regulations, as this legislation
does, to provide for wind power.
You also have a major issue with hydroelectric power
because the only way you get hydroelectric power is if you have
sufficient drop with enough water and most localities' hydroelectric
operations require a dam for that purpose. There's a lot of local
zoning concerns about locating dams, particularly where they're
located in relation to populated areas; again, this would mandate that.
A substantial portion of my private practice deals with zoning issues
and I can assure you this is great for private attorneys; it may be great
for developers, but it is a very dangerous path to pursue when you're
looking at the impact on the ordinary citizen who is trying to protect
the residential values for their house against a very large scale wind
development that will affect the residential areas all around them.
I believe that we are wise to leave these types of
decisions, particularly as it relates to hydropower and as it relates to
wind power, in the hands of the elected local officials who are best
capable of designing a comprehensive plan and addressing the issues
NYS ASSEMBLY MAY 18, 2011
54
that face their particular municipality. Thank you.
ACTING SPEAKER GUNTHER: Mr. P. Lopez.
MR. P. LOPEZ: Thank you, Madam Speaker.
On the bill.
ACTING SPEAKER GUNTHER: On the bill.
MR. P. LOPEZ: As a former local official for 15
years and serving in my current capacity, I have the occasion to speak
to many individuals on these types of issues and the overarching
premise, and I think this is getting lost somewhat in this discuss, is
that we are looking at changes in technology that are driven by the
needs of homeowners and businesses and others to be self-sufficient,
to get away from foreign oil, to be affordable, to find ways of cutting
costs of overhead and some of the discussion is commercial and we've
heard reference to commercial wind towers and other aspects and yes,
that is an issue that is being visited on our local communities. I have
the Catskill region and I know issues there where we have small
groups running across the mountaintops in the name of being
environmentalists opposing wind energy, the alternative being nuclear
power or other sorts of facilities that may or may not be desirable in a
community. But the overarching premise is yes, there's a commercial
element, but there's also a residential element and there are farms and
businesses and homeowners who would like to install wind towers,
who would like to install solar thermal or photovoltaic and are finding
that the technology and the advance of this equipment is outpacing the
ability of local municipalities to respond intelligently to how they can
NYS ASSEMBLY MAY 18, 2011
55
fit into the community.
So, in this legislation as much as it may be asking
municipalities to look forward, it is a necessary step because if we
don't, what we have is crisis management and we have farms who are
trying to install wind and are being shouted down by neighbors who
don't want it or wind energy or other energy sources that are being
shouted down by neighbors because there hasn't been any intelligent
discussion as to how they could or should fit into the community.
So, this is a difficult issue. Yes, does it put pressure
on municipalities? It does. However, it is a discussion that needs to
be had and home rule is the rule of New York State and that's where
this discussion needs to be, and as they are volunteers, we do need to
make sure that they have an understanding that they need to be part of
a process of decision-making and setting a framework for intelligent
use of alternate energy. Thank you, Madam Speaker.
ACTING SPEAKER GUNTHER: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER GUNTHER: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Lavine to explain his vote.
MR. LAVINE: Thank you, Madam Speaker. Suffolk
County is quite similar to Nassau County in a lot of demographics, but
Suffolk County has infinitely more solar panel placements than does
NYS ASSEMBLY MAY 18, 2011
56
Nassau County. Nassau County has separate rules and regulations for
those who would -- the industry for small businessmen and women
who install the solar installations so that almost every little village has
its own separate set of people who are permitted to come in and do
solar and all others cannot. This is very, very poor. It's poor for small
business, it's poor for consumers, it's poor for homeowners. It makes
it infinitely more expensive for every contractor to have to go and
register and take tests and pay fees in each of these local communities.
So to the extent that I believe that this bill will force those local
villages to reevaluate their planning in order to make it a more
straightforward proposition for contractors who install solar to be able
to do that, I think this is a great idea and I do believe that some of the
opposition to this bill is much more opposed to factors that have
nothing to do with this bill, a general anger towards people who some
feel are too pro-environmental to the point where they're frustrating
local officials. It's got nothing to do with this. I think this is a good
idea. I think we have blown some of the arguments here so far out of
proportion against this bill that they make no sense. I like this, I'm
casting a vote in the affirmative. I hope it helps in Nassau.
ACTING SPEAKER GUNTHER: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
Calendar No. 138, page 11, the Clerk will read.
THE CLERK: Bill No. 5037, Calendar No. 138,
NYS ASSEMBLY MAY 18, 2011
57
Gottfried, Jacobs, Dinowitz, Wright, Colton. An act to amend the
Uniform City Court Act, the Uniform District Court Act, the Uniform
Justice Court Act and the New York City Civil Court Act, in relation
to obtaining jurisdiction over certain defendants.
ACTING SPEAKER GUNTHER: An explanation is
requested.
MR. GOTTFRIED: Yes. Currently, if you want to
sue someone in Small Claims Court you can do so if the defendant has
an office in the jurisdiction. This bill would say that you can sue in
the jurisdiction if you are a tenant of real property in the jurisdiction
and the claim relates to the tenancy of that real property.
ACTING SPEAKER GUNTHER: Read the last
section.
THE CLERK: This act shall take effect first day of
September next succeeding the date on which it shall have become a
law.
ACTING SPEAKER GUNTHER: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Ms Speaker, I understand you
NYS ASSEMBLY MAY 18, 2011
58
have resolutions for us to consider.
ACTING SPEAKER GUNTHER: We have a
number of resolutions before the House.
Privileged resolution by Mr. Castro, the Clerk will
read.
THE CLERK: Resolution No. 538.
Legislative resolution recognizing the significant
contributions Tax Professionals offer to the communities of the State
of New York.
WHEREAS, It is the custom of this legislative Body
to recognize and acknowledge those within our midst who have made
significant contribution to the quality of life therein; and
WHEREAS, Attendant to such concern, and in full
accord with its longstanding traditions, this legislative Body is justly
proud to recognize the significant contributions Tax Professionals
offer to the communities of the State of New York; and
WHEREAS, Tax Professionals have contributed by
serving the people of this great Empire State by helping millions of
taxpayers file their personal and business tax returns; and
WHEREAS, Furthermore, Tax Professionals
diligently work for the taxpayers with a high grade of education,
technical skills, ethics and morals; and
WHEREAS, The Latino Association of Tax
Preparers, Inc. (LATAX) has the commitment to provide all members
the chance for education to improve their skills and in this way to best
NYS ASSEMBLY MAY 18, 2011
59
all customers; and
WHEREAS, As of the last numbers released from the
New York State Department of Finance, Office of Processing and
Taxpayer Services, they have registered 63,000 tax practitioners under
the new regulations in effect from 2009; approximately 98% are tax
practitioners; and
WHEREAS, Tax Professionals play a vital role in the
financial life of the citizens of New York State; it is the sense of this
legislative Body to bring attention to their strengths, services and
devotion they provide to the 9,203,531 taxpayers who filed returns in
the fiscal year 2008 and around the country; and
WHEREAS, It is the practice 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; now, therefore, be it
RESOLVED, That this legislative Body pause in its
deliberations to recognize the significant contributions Tax
Professionals offer the communities of the State of New York; and be
it further
RESOLVED, That a copy of this Resolution, suitably
engrossed, be transmitted to The Latino Association of Tax Preparers,
Inc.
ACTING SPEAKER GUNTHER: On the resolution,
all those in favor signify by saying aye; opposed, no. The resolution is
NYS ASSEMBLY MAY 18, 2011
60
adopted.
Privileged resolution by Mr. Boyle, the Clerk will
read.
THE CLERK: Resolution No. 539.
Legislative resolution honoring Walter D. Lace upon
the occasion of his retirement as Principal of the St. John the Baptist
Diocesan High School.
WHEREAS, New York State's commitment to
education is unparalleled; its history and stature are secured by the
superlative caliber of its educational professionals and the students
they inspire; and
WHEREAS, It is the sense of this Legislative Body to
acknowledge the significant milestones in the distinguished careers of
those outstanding educational leaders, whose dedication and
achievements have been instrumental in developing character and
academic excellence in the young people of New York State; and
WHEREAS, Attendant to such concern, and in full
accord with its longstanding traditions, this legislative Body is justly
proud to honor Walter D. Lace upon the occasion of his retirement as
Principal of the St. John the Baptist Diocesan High School; to observe
his retirement, a gala celebration will be held in his honor on
Thursday, November 10, 2011 at Villa Lombardi's in Holbrook, New
York; and
WHEREAS, Walter D. Lace earned his Bachelor of
Arts degree from Iona College in 1967, followed by his Master of Arts
NYS ASSEMBLY MAY 18, 2011
61
degree from Stony Brook University in 1979; and
WHEREAS, For the past 44 years, Walter D. Lace
rendered faithful, conscientious and valuable service to St. John the
Baptist Diocesan High School, earning the admiration, esteem and
affection of his colleagues; and
WHEREAS, Walter D. Lace began his career at St.
John the Baptist Diocesan High School as a Social Studies Teacher
and Department Chair; in 1991, he served as the school's Assistant
Principal until ultimately being named its Principal in 1995; and
WHEREAS, In his capacity as Principal of St. John
the Baptist Diocesan High School, Walter D. Lace is credited with
increasing student population within the school from just 900 students
in 1995 to its current enrollment of over 1,500 students, with a
substantial waiting list for future enrollment; and
WHEREAS, Educators like Walter D. Lace provide a
tremendous service to the future of our State and Nation, inspiring
generations of young people in their educational journeys and
ensuring their success in their future years; and
WHEREAS, Walter D. Lace has clearly had an
enduring impact on the youth of the St. John the Baptist Diocesan
High School, as well as on the community-at-large, and accordingly
merits recognition and applause for 44 years of impressive dedication
to others; and
WHEREAS, It is the sense of this legislative Body to
commend the efforts of those individuals who work to support our
NYS ASSEMBLY MAY 18, 2011
62
proud tradition of public education by providing their skills and
talents to our schools; now, therefore, be it
RESOLVED, That this legislative Body pause in its
deliberations to honor Walter D. Lace upon the occasion of his
retirement as Principal of the St. John the Baptist Diocesan High
School, and for his significant contributions to education in New York
State; and to wish him continued success in all of his future
endeavors; and be it further
RESOLVED, That a copy of this Resolution; suitably
engrossed, be transmitted to Walter D. Lace.
ACTING SPEAKER GUNTHER: On the resolution,
all those in favor signify by saying aye; opposed, no. The resolution is
adopted.
Privileged resolution by Mr. Lopez, the Clerk will
read.
THE CLERK: Resolution No. 540.
Legislative resolution congratulating Alicia Scott
upon the occasion of receiving the distinguished Girl Scout Gold
Award, the most prestigious of Scouting honors.
WHEREAS, Alicia Scott, the daughter of Fred and
Brenda Scott, is a member of Girl Scouts of America Troop 60152 in
Saugerties; a 2010 graduate of Saugerties High School, she is
currently attending SUNY Ulster in Stone Ridge, New York; and
WHEREAS, Alicia Scott, through her diligence and
rigorous efforts, has achieved Girl Scouting's highest and most
NYS ASSEMBLY MAY 18, 2011
63
prestigious honor, the Girl Scout Gold Award; she will be honored at
a ceremony to be held on Sunday, June 12, 2011, at the Knights of
Columbus in Saugerties, New York; and
WHEREAS, America has achieved her greatest
heights of glory through the dedication, determination and tireless
efforts of the outstanding citizens of this Nation; and
WHEREAS, It is only with the continued diligence
and devotion of our youth, tomorrow's leaders, that America will
maintain her glory; and
WHEREAS, Girl Scouts of America and its members
are dedicated to the development of character and leadership in the
youth of this Nation; and
WHEREAS, Since 1980, Senior Girl Scouts have
capped their years of achievement in Girl Scouting with the Girl Scout
Gold Award; and
WHEREAS, In order to earn the Girl Scout Gold
Award, a girl must fulfill five requirements; chief among them is the
design and completion of a Gold Award Project; this project must
build upon the interests of the girl, provide a service to the
community, and be of lasting benefit; and
WHEREAS, For her Gold Award project, Alicia
Scott worked with the Esopus Creek Conservancy to create a dock and
stairs to allow boaters, primarily canoeists and kayakers, to access the
Esopus Bend Preserve from the water; and
WHEREAS, This outstanding young woman has
NYS ASSEMBLY MAY 18, 2011
64
been involved in Scouting for years, has lived up to Scouting's ideals
and has attained all of the necessary achievements; and
WHEREAS, Alicia Scott is a credit to her family, her
school, her community, her State and her Nation, and no doubt her
future will be filled with accomplishments of equal importance; now,
therefore, be it
RESOLVED, That this legislative Body pause in its
deliberations, in recognition of the significance of this meritorious
achievement, to congratulate and honor Alicia Scott upon the occasion
of her designation as the recipient of a Girl Scout Gold Award; and be
it further
RESOLVED, That a copy of this Resolution, suitably
engrossed, be transmitted to Alicia Scott.
ACTING SPEAKER P. RIVERA: On the resolution,
all those in favor signify by saying aye; opposed, no. The resolution is
adopted.
Privileged resolution by Mr. Cymbrowitz, Mr. Cahill,
Mr. Canestrari and Mr. Schimminger, the Clerk will read.
THE CLERK: Resolution No. 541.
Legislative resolution commending the Turkish
Cultural Centers upon the occasion of their 6th Annual Turkish
Cultural Day.
WHEREAS, It is the sense of this legislative Body, in
keeping with its time-honored traditions, to recognize and pay tribute
to those organizations which foster ethnic pride and enhance the
NYS ASSEMBLY MAY 18, 2011
65
profile of cultural diversity which strengthens the fabric of the
communities of New York State; and
WHEREAS, Attendant to such concern, and in full
accord with its longstanding traditions, this Legislative Body is justly
proud to commend the Turkish Cultural Centers upon the occasion of
their 6th Annual Turkish Cultural Day to be celebrated at the Well of
the Legislative Office Building of the New York State Assembly on
Wednesday, May 18, 2011; and
WHEREAS, The Turkish Cultural Centers are
non-profit organizations whose primary goals are to promote harmony
by bringing together people of Turkish origin and all other individuals
living in the United States; their mission is to create an open dialog
while building and fostering a stronger understanding based on mutual
respect between the people of the United States of America and those
of Turkish background; they aim to introduce the people in the United
States with the Turkish history and culture; and
WHEREAS, The Turkish Cultural Centers were first
created by Fethullah Gulen, who has devoted his life to an altruistic
service of encouraging open dialogue and peace amongst the nations;
and
WHEREAS, The goal of the Turkish Cultural Day is
to create opportunities for community members and the elected
officials to get together, to network and to consult with each other
about ways to help diverse communities and contribute to the quality
of life in New York State; and
NYS ASSEMBLY MAY 18, 2011
66
WHEREAS, The Turkish American community is
dedicated to building bridges of understanding among people from all
walks of life through dialogue and mutual respect; and
WHEREAS, There are 11 Turkish Cultural Centers in
New York State, located in Albany, Binghamton, Brooklyn, Buffalo,
Long Island, Manhattan, Rochester, Queens, Staten Island, Syracuse
and Westchester; they all promote friendship, peace, and tolerance
which create a sense of acceptance within the community; the
programs held by the cultural centers give opportunities for diverse
communities to connect at common grounds and collaborate for the
benefit of all citizens; and
WHEREAS, Organizations of singular distinction as
the Turkish Cultural Centers provide a model for enhancing the
quality of life in the community and, as such, merit the grateful praise
of the community of the State of New York; and
WHEREAS, It is the custom of this legislative Body
to pay tribute to those organizations of true purpose and worthy
accomplishment which foster a spirit of community and service and,
simultaneously, work diligently to preserve their rich cultural heritage;
now, therefore, be it
RESOLVED, That this legislative Body pause in its
deliberations to commend the Turkish Cultural Centers upon the
occasion of celebrating their 6th Annual Turkish Cultural Day; and be
it further
RESOLVED, That a copy of this Resolution, suitably
NYS ASSEMBLY MAY 18, 2011
67
engrossed, be transmitted to the Turkish Cultural Center, 291
Broadway, Albany, New York 12204.
ACTING SPEAKER GUNTHER: On the resolution,
all those in favor signify by saying aye; opposed, no. The resolution is
adopted.
Privileged resolution by Mr. Hoyt, Mr. Lupardo, the
Clerk will read.
THE CLERK: Resolution No. 542.
Legislative resolution honoring the life of Abraham
F. Breehey, distinguished public servant and labor representative.
WHEREAS, It is the custom of this legislative Body
to pay tribute to citizens of the State of New York whose lifework and
civic endeavor served to enhance the quality of life in their
communities and the great State of New York; and
WHEREAS, With deep remorse, this legislative Body
records the tragic passing of Abraham F. Breehey, on April 14, 2011,
at the young age of 34; and
WHEREAS, Born on July 26, 1976, Abraham F.
Breehey of Falls Church, Virginia, attended Seton Catholic Central
High School in Binghamton, New York; he received his bachelor's
degree from Siena College in Loudonville, New York, before earning
a master's degree in Public Policy from the Rockefeller College of
Public Affairs and Policy at the University at Albany; and
WHEREAS, Abraham F. Breehey distinguished
himself in his profession and by his sincere dedication and substantial
NYS ASSEMBLY MAY 18, 2011
68
contribution to the welfare of others; and
WHEREAS, At the time of his passing, he held the
esteemed position of Director of Legislative Affairs for the
International Brotherhood of Boilermakers in Washington D.C.; and
WHEREAS, Prior to joining the Boilermakers in
2004, he served as the Legislative Director to New York State
Assemblyman Sam Hoyt from January 2000 to September 2001, and
then as the Legislative Assistant to Texas Representative Lloyd
Doggett; and
WHEREAS, A leading voice in the labor movement,
representing the Boilermakers on issues relating to energy policy and
climate change, and their impact on workers, Abraham F. Breehey
often testified before U.S. Senate Committees and represented the
Boilermakers in United Nations Climate Change negotiations; and
WHEREAS, Also a graduate of the Trade Union
Program at Harvard Law School, serving as Chairman of its
Legislative Task Force, Abraham F. Breehey effectively advised the
AFL-CIO Building and Construction Trade Department; and
WHEREAS, Throughout his distinguished career,
Abraham F. Breehey was a champion for working men and women;
his steadfast support and strong work ethic made him a true leader
among his colleagues; and
WHEREAS, He was widely respected for his passion,
intellect, and ability to build consensus across ideological and political
lines; to mark the untimely death of this extraordinary man, members
NYS ASSEMBLY MAY 18, 2011
69
of the United States Congress arranged to have the American flag
lowered to half-mast over the U.S. Capitol, as did the AFL-CIO over
its headquarters; he was also honored by readings into the
Congressional Record; and
WHEREAS, In addition to his numerous professional
achievements, Abraham F. Breehey will be remembered for the love
and passion he brought into the lives of his family members and
countless friends; and
WHEREAS, A beautiful light in the lives of all those
with whom he came in contact, Abraham F. Breehey's kind and
generous heart, coupled with his warm embrace will truly be missed
by all those who had the honor of knowing him; and
WHEREAS, Abraham F. Breehey is survived by his
loving wife, Sonya (Walter) Breehey; his beautiful daughter, Abigail;
parents, Carol and Raymond Breehey; parents-in-law, Timothy and
Kathy Walter; a sister, Rachel Breehey Mollen and brother-in-law,
Kevin Mollen; three nieces, Julia, Morgan and Sadie; one nephew,
William; and his brother-in-law, Joseph Walter; and
WHEREAS, Armed with a humanistic spirit and
imbued with a sense of compassion, Abraham F. Breehey leaves
behind a legacy which will long endure the passage of time and will
remain as a comforting memory to all he served and befriended; now,
therefore, be it
RESOLVED, That this legislative Body pause in its
deliberations to honor the life of Abraham F. Breehey, distinguished
NYS ASSEMBLY MAY 18, 2011
70
public servant and labor representative; and be it further
RESOLVED, That a copy of this Resolution, suitably
engrossed, be transmitted to the family of Abraham F. Breehey.
Mr. Canestrari.
MR. CANESTRARI: I now move the Assembly
stand adjourned until tomorrow, Thursday, May 19th, tomorrow being
a legislative day; that we reconvene on Monday at 2 o'clock, Monday,
the 23rd of May being a Session day.
ACTING SPEAKER GUNTHER: The House stands
adjourned.
(Whereupon, at 11:56 a.m., the House stood
adjourned until Monday, May 23rd at 2:00 p.m., Monday being a
Session day.)