WEDNESDAY, MAY 18, 2011 10:25 A.M. - Granicus

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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


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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


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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


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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


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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.


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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.


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.


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


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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


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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


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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


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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


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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.



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


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


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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


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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



proclaim September 2011, as Chiari Malformation and Syringomyelia

Awareness Month in the State of New York; and be it further



Governor of the State of New York.



adopted.


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Privileged resolution by Mr. Schroeder, the Clerk will

read.



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


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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


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carbon monoxide and the need to use carbon monoxide detectors in

their homes; now, therefore, be it



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


Governor of the State of New York, West Seneca Senior High School,

and the family of Amanda J. Hansen.



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.


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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


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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,


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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


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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?


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


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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


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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


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.


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.


26


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


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.


read.


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


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?


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


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


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.


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


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?



32

yield?


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


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.


34

ACTING SPEAKER GUNTHER: Assemblymember

Titone.

MR. TITONE: Will the sponsor yield?


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?


yield?


MS. SCHIMEL: I, as you know, live outside. I


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


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?


yield?


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


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?


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


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


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?


yield?


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


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.


section.

THE CLERK: This act shall take effect on the 180th

day next succeeding the date on which it shall have become a law.


record 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


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.


other votes?

The Clerk will announce the results.


The bill is passed.

Calendar No. 300, page 18.


Gottfried, Paulin, Galef, Robinson, Jaffee, Colton, Millman, Cahill,

Scarborough, Lancman. An act to amend the Public Health Law, in


42

relation to remedies available in private actions by patients of

residential health care facilities.


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?


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.


section.

THE CLERK: This act shall take effect immediately.


43


record the vote.


Are there any other votes? The Clerk will announce

the results.


The bill is passed.

Calendar No. 301, page 18, the Clerk will read.


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.


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.


section.



record the vote.




44

the results.


The bill is passed.

Calendar No. 237, the Clerk will read.


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.


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?


yield?


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


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?


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


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?


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


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


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.


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


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.


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


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


54

that face their particular municipality. Thank you.

ACTING SPEAKER GUNTHER: Mr. P. Lopez.

MR. P. LOPEZ: Thank you, Madam Speaker.

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


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.


section.



record 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


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.


other votes? The Clerk will announce the results.


The bill is passed.

Calendar No. 138, page 11, the Clerk will read.



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.


section.

THE CLERK: This act shall take effect first day of

September next succeeding the date on which it shall have become a

law.


record the vote.



the results.


The bill is passed.

Mr. Canestrari.

MR. CANESTRARI: Ms Speaker, I understand you


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.


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



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


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


deliberations to recognize the significant contributions Tax

Professionals offer the communities of the State of New York; and be

it further


engrossed, be transmitted to The Latino Association of Tax Preparers,

Inc.




60

adopted.

Privileged resolution by Mr. Boyle, the Clerk will

read.


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



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


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


62

proud tradition of public education by providing their skills and

talents to our schools; now, therefore, be it


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.



adopted.

Privileged resolution by Mr. Lopez, the Clerk will

read.


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


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


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


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


engrossed, be transmitted to Alicia Scott.

ACTING SPEAKER P. RIVERA: On the resolution,


adopted.

Privileged resolution by Mr. Cymbrowitz, Mr. Cahill,

Mr. Canestrari and Mr. Schimminger, the Clerk will read.


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


65

profile of cultural diversity which strengthens the fabric of the

communities of New York State; and


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


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


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


deliberations to commend the Turkish Cultural Centers upon the

occasion of celebrating their 6th Annual Turkish Cultural Day; and be

it further



67

engrossed, be transmitted to the Turkish Cultural Center, 291

Broadway, Albany, New York 12204.



adopted.

Privileged resolution by Mr. Hoyt, Mr. Lupardo, the

Clerk will read.


Legislative resolution honoring the life of Abraham

F. Breehey, distinguished public servant and labor representative.


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


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


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


deliberations to honor the life of Abraham F. Breehey, distinguished


70

public servant and labor representative; and be it further


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.)

Documents

WEDNESDAY, MAY 18, 2011 10:25 A.M. - Granicus