THURSDAY, JUNE 12, 2014

Transcription

1 THURSDAY, JUNE 12, :24 A.M. ACTING SPEAKER AUBRY: The House will come to order. In the absence of clergy, let us pause for a moment of silence. (Whereupon, a moment of silence was observed.) Visitors are invited to join the members in the Pledge of Allegiance. (Whereupon, Acting Speaker Aubry led visitors and members in the Pledge of Allegiance.) Mr. Morelle. MR. MORELLE: Yes, good morning, Mr. Speaker; good morning colleagues. Let me start this morning with a few historical notes, if I might. On this day in 1942, a young Jewish girl 1

2 living in Amsterdam celebrated her 13th birthday. Her gift, a diary. A month later, that young woman and her family went into hiding from the Nazis in rooms behind her father's office. For two years her family and four other families were secretly cared for by friends. Eventually discovered by the Gestapo, the family was sent to Auschwitz, where the young girl's mother died. The girl and her sister were then transferred to another camp, Bergen-Belsen, where she succumbed to typhus just a month before the end of the war. Her father survived Auschwitz and was given his daughter's diary by friends who had discovered it back in Amsterdam. The diary of the young girl was published in 1947, it's author, a very brave young woman named Anne Frank. On this day in 1987, in one of his most famous Cold War speeches, United States President Ronald Reagan challenged Soviet leader Mikhail Gorbachev to tear down the Berlin Wall, the symbol of the repressive communist era in a divided Germany. While the speech focused on the physical structure, it was, more importantly, an appeal to the Soviet leader to renew negotiations on nuclear arms reductions and to provide evidence that his conciliatory words toward the West were sincere. Two years later, on November 9, 1989, a joyful East and West Germans tore down the infamous barrier, and in 1990 the two Germanys were officially reunited. We end on an optimistic note, Mr. Speaker, much closer to home. On this day in 1939, the National Baseball Hall of Fame and Museum opened its doors for the first time in Cooperstown, 2

3 New York. The locale was suggested by a businessman, Stephen Clark, as a way to encourage economic development in his hometown. He cited a report published in 1907 by the Mills Commission that proclaimed Abner Doubleday, a Union Army officer who directed the first shot at Fort Sumner and later served at Gettysburg, had invented the game in 1839 while in Cooperstown. While the Doubleday legend has since been debunked, it has not lessened the passion for the game in Cooperstown, or at the Hall of Fame, which remains the unrivaled sports shrine in America. The inaugural class of the Hall of Fame, by the way: Ty Cobb, Walter Johnson, Christy Mathewson, Babe Ruth and Honus Wagner. Not a bad team to start with, Mr. Speaker. And speaking of teams, the Assembly team is about to take the field as we prepare for the final games of the 2014 Legislative Session. (Applause) Thank you. I'll be here all week. (Laughter) Mr. Speaker, let me, with that, give our schedule for the day. Members have on their desks a main Calendar and debate list. We will begin our work today by continuing to consent bills on the main Calendar, starting page 12, Rules Report No We will also take up other bills on debate. In addition, we will be calling the following committee meetings off the floor -- and there are several, so please, members, pay special note to this -- Governmental Employees, Local Governments, Real Property Taxation, Environmental 3

4 Conservation, Judiciary, Codes and Ways and Means. Those will prepare bills for consideration next week. So, with that as a general outline, Mr. Speaker, I note that there are introductions. Let's take them up at this time, sir. ACTING SPEAKER AUBRY: Certainly. A quorum being present, the Clerk will read the Journal of Wednesday, June 11th. Mr. Morelle. MR. MORELLE: Yes, Mr. Speaker. I move to dispense with the further reading of the Journal of Wednesday, June 11th and ask that the same stand approved ACTING SPEAKER AUBRY: Without objection, so ordered. Mr. Santabarbara for an introduction. MR. SANTABARBARA: Thank you, Mr. Speaker, for allowing me to interrupt the proceedings for an introduction. I have joining me today in the Chamber some new Eagle Scouts from my district, and I'm happy to have them joining us. I would like to introduce Dustin Reger from Schenectady Troop 357. His Eagle Scout project was to clean up Mount Stuart Cemetery in my hometown of Rotterdam, as well as landscaping and cleaning up the garbage near the entrance gate and beautifying that area. He encouraged neighbors and friends to participate in that project, and he's currently attending Hudson Valley Community College for Business Administration. 4

5 I would also like to introduce Paul Wohlberg, Jr. from Troop 81 in Canajoharie. His Eagle Scout project was to redesign the Canajoharie High School patio garden by the courtyard. He put in a brick walkway, redesigned and put in new landscaping, and making it a beautiful area that I witnessed firsthand. He's a graduate from Canajoharie High School, and he's going to attend Sierra Nevada College this coming fall, majoring in Ski Business and Resort Management. Along with that, he also earned a Bronze Eagle Palm Medal for obtaining five additional badges before turning 18. His parents are also here joining him, Kathy and Paul Wohlberg, Sr. I would like to introduce them as well. And also from Troop 81 is Bailey Pitonza. His Eagle Scout project was to create welcome signs for the Village of Palatine Bridge, as well as creating flower beds underneath those signs as well. He's a sophomore at Clarkson University, majoring in Engineering. And also, David Wilday from Troop 81 is here joining us. His Eagle Scout project was to make compost bins, a tool rack and a sign for the Fort Plain Community Garden. He will graduate from Fort Plain High School and attend Morrisville State College this fall, majoring in Engineering Science. David's mother is also here, Jean Wilday. She has joined us to celebrate her son's achievement. Mr. Speaker, if you will help me to welcome these new Eagle Scouts to the Assembly Chamber and extend to them the cordialities of the House. 5

6 ACTING SPEAKER AUBRY: Certainly. On behalf of Mr. Santabarbara, the Speaker and all the members, we welcome these Eagle Scouts and their parents here to the New York State Assembly. We extend to you the privileges of the floor. We commend you on the work that you have done so far in enhancing your communities and advancing your position in the scouting organization. We look forward to your academic work that is in front of you and hope that it will be as successful and that you will come back and see us and join us whenever you wish. Thank you so very much. (Applause) Mr. Graf for an introduction. MR. GRAF: Thank you, Mr. Speaker. Today I have the honor and the privilege to introduce to this Body the Tomossone family. We have Michael Tomossone, that actually worked in my office and did a great job, positively affecting the lives of many people in my district. Mike is presently the Town of Islip Deputy Commissioner of Public Works, where he continues to serve the people of our community. His wife, Joanne, better known as "Mom" and the supreme authority in the Tomossone family, is a speech language pathologist with the Brentwood School District and has served in that role for the last 15 years. Their son Mike is here today. I am told he is a great baseball player and he looks out for his older sister. The star today, however, is Joelle Tomossone, who I am told is a great softball player and, no doubt, has given tips to her younger 6

7 brother in his emerging baseball career. Joelle is in the fifth grade at Ruth C. Kinney Elementary School in East Islip. And at the ripe age of 10, she decided that she was going to step up to help other people. She put together her own fundraiser for Water America and raised $500 to aid people in Africa and other countries to provide clean water and sanitation. Our country will be in good hands in the future because of young leaders like Joelle. Mr. Speaker, I would ask that you extend to the Tomossone family a warm welcome and the privileges of the House. ACTING SPEAKER AUBRY: Mr. Garbarino on the same subject. MR. GARBARINO: Thank you, Mr. Speaker. I have to agree with Al Graf here. I'm very honored to have the Tomossone family here, and especially Joelle. You know, clean water is something we all take for granted here in this country and in other countries. People don't get to, you know, drink clean water every day. There's a lot of diseases that people get, and we hear about it all the time. And Joelle, the fact that she, at the age of 10, put this together on her own just really makes me honored to be her Assemblyman. This fundraiser was a walk around the park. It was very well-attended. Al Graf and I went together. I'm happy to say I beat him around the park, but that's not much of a surprise. (Laughter) But in all seriousness, I am very honored to have the entire Tomossone family here. They do a lot for the community back 7

8 on Long Island, and it's just a privilege to have them here with only two weeks left in the Assembly Session. Thank you so much for coming up here. Please extend to them the cordialities of the House. ACTING SPEAKER AUBRY: Mr. Saladino on the same subject. MR. SALADINO: Thank you, Mr. Speaker. I rise to add to the compliments of my colleagues. This is an incredible family that I have known, too, for some time, so it's no surprise that this exceptional young lady is following in the path of her parents and being a leader in the community, making a difference and showing the way for so many other young people to make a difference in the State of New York. So, I add to the sentiments of my colleagues in asking for you to extend to them the courtesies of this House. ACTING SPEAKER AUBRY: Certainly. On behalf of Mr. Graf, Mr. Garbarino, Mr. Saladino, the Speaker and all the members, we welcome this great family here to the New York State Assembly. We extend to you the privileges of the floor. We, like you, are amazed at the accomplishments of Joelle, your daughter, and hope that you are so proud of the work that you have done for her to help her achieve the greatness that she has so far. And to you, to care about people so far away from you is a remarkable thing, but a true sign of a great human being. Thank you so very much. (Applause) 8

9 Again, Mr. Graf. MR. GRAF: Thank you. I'm truly fortunate today because I also get to introduce Jose Nunez. I have the distinct pleasure and honor to introduce Jose to this Body, who has the distinction of being the first Hispanic promoted to the rank of Sergeant in the modern Suffolk County Sheriff's Department. Besides protecting the people of our community and putting his life on the line every day in service to the people of Suffolk County, Jose has been an outstanding community leader. He raised $9,000 and chaperoned youth from Jesus Parish, has been instrumental in acquiring money for scholarship programs, and has helped in the areas of preventing youth substance abuse. He's here today, joined by his family, his wife, Ramona, his son, Jose, his daughters, Alianda and Amanda. He is also here with the President of the Suffolk County Sheriff's Department for the PBA, John Becker, and the Secretary, Arthur Sanchez. I would ask that -- he is truly an American hero who puts his life on the line every day for other people. I would ask that you give him a warm welcome and extend to him the cordialities of the House. ACTING SPEAKER AUBRY: Mr. Hennessey on the same subject. MR. HENNESSEY: Yes. I join and stand with my colleague to congratulate Sergeant Nunez. I know you personally, and I believe you to be an emerging leader in the law enforcement community in Suffolk County. You're a tribute to the membership that 9

10 you represent and the law enforcement for all of Long Island, and Suffolk County, in particular. Thank you for being here. Congratulations. ACTING SPEAKER AUBRY: Mr. Palumbo on the same subject. MR. PALUMBO: Thank you, Mr. Speaker. Just to briefly reiterate, I congratulate Sergeant Nunez. I also consider him a friend. I've known him for many years. Congratulations, again. ACTING SPEAKER AUBRY: Certainly. On behalf of Mr. Graf, Mr. Hennessey, Mr. Palumbo, the Speaker and all the members, Sergeant, we welcome you here to the New York State Assembly, the People's House. We extend to you the privileges of the floor. We congratulate you on the services that you have provided and the protection that you have provided to the communities of Nassau. And we're even happier to see your family joining you on this occasion. No doubt they have added to your interest in protecting humanity. They look like a great and proud family, and I'm sure we're all very proud of you. Thank you very much for being with us today. (Applause) Ms. Weinstein. MS. WEINSTEIN: Thank you, Mr. Speaker. After 30 years of sitting across the aisle from Assemblyman James Brennan, he chose, last July, to walk down the aisle with someone we, in Brooklyn, have known for many, many years. I'm very pleased today today to welcome Jim Brennan's wife, Joan Bartolomeo, to the 10

11 Assembly Chamber. Before marrying Jim, Joan was the Executive Director for over 23 years of the Brooklyn Economic Development Council, and really helped to revitalize a lot of downtown Brooklyn and very active in community organizations and fundraising in the borough. I'm very happy -- she chose, after marrying Jim, to join the private sector. We're very happy to welcome her to the Chamber, and I assume, Mr. Speaker, you will grant her the privileges of the floor. ACTING SPEAKER AUBRY: Certainly. On behalf of Ms. Weinstein, the Speaker and all the members, we welcome you you here to the New York State Assembly. You are family, and have been family for some time. Thank you so very much for joining us. And congratulations on a fine choice. I don't know who I'm talking to when I say that. (Laughter) I suspect both of you. But always feel welcome here, and come back and share these moments with us. It's so very important for all of us. Thank you so much. (Applause) MS. MILLMAN: Oh, can I say something? ACTING SPEAKER AUBRY: If you get back to your seat, we'll be happy to have you. MR. MORELLE: Mr. Speaker, before Ms. Millman -- I'll give Ms. Millman a moment to settle in. I never want to disparage a member of this House, but I've said it to him many times. Mr. Brennan, since he's walked down the aisle, his sartorial splendor 11

12 has gone up dramatically. (Laughter) And I owe that to the fact that Joan -- she's probably consulting on his wardrobe. He acknowledges it. I don't know if that has given Ms. Millman enough time to settle in, but I just wanted to do that and also add my welcome to Joan in the Chamber. And congratulations to both of them ACTING SPEAKER AUBRY: A fine point, Mr. Morelle. A fine point. (Applause) And now Ms. Millman, who's made her way back to her seat. Go ahead. MS. MILLMAN: Thank you, Mr. Speaker. I did try to use Assemblyman Gottfried's microphone, but he hasn't clocked into the machine yet, so I couldn't do it. But I'm in, and I'm prepared to say a few very select words about a woman that I've known for a long time. Not as long as I have known Jim Brennan, but I've known Joan when she was head of the Brooklyn -- yes, whatever it was called. It was a great organization. (Laughter) Brooklyn Economic Development Corporation, they used to be; is that right? Almost. It's close. They were located on Montague Street in my district, and Joan would come often, not as often as I would have liked, but she used to come and talk to me about issues, economic development issues in the Borough of Brooklyn. 12

13 And then they were moved. They moved far away, to southern Brooklyn, I didn't see her as much, which was, I thought, unfortunate, because I liked our visits. I've known Jim for a very long time. In fact, many years ago he said to me, What do you think if I run for District Leader in my district? And I said to him -- it shows you how often one can be wrong -- gentlemen in the corner, please. Thank you. I said to him, I don't think you have the temperament or the personality for the job. Well, he listened to me. He didn't run for District Leader, he ran for the State Assembly, and he definitely has the temperament and the personality for this job. But it took him a very long time to find the perfect mate. He looked, believe me. I know people he looked at, I know people he took out. All very nice, but none of them can hold a candle to Joan. What a perfect match. And I believe he was really looking for somebody who had the same initials that he had. He didn't have to change anything, right? You know, there's a liquor -- I don't know if it's a malt liquor, I'm not sure, I don't drink that stuff -- J&B. Well, that's the perfect couple, Jim and Joan. And I wish them -- they're coming up to their first year anniversary. And you're right, Mr. Morelle, not only does he look better and dress better, he smiles more often, and he's just easier to get along with. (Laughter) You know that curmudgeon we used to know? Joan somehow ironed that out of him. So, on behalf of all his colleagues, Joan, thank you 13

14 for the job you're doing. We welcome you to the Assembly Chamber. I'm sorry I couldn't join you for dinner last night, but I hope there will be another invitation forthcoming. Welcome them, please, Mr. Speaker, once again, with the privileges of the House. Thank you. (Applause) ACTING SPEAKER AUBRY: So, it appears that you already have aged like fine scotch -- if you would presume that -- and now you know the dangers of coming to the floor, because you don't know what people will say. But in any event, the welcome is still extended from all of us, and our love to you and your continued happiness. Keep him smiling, keep him looking better, as I'm sure you are smiling and looking better, also. Thank you so very much. (Applause) Mr. Morelle. MR. MORELLE: Yes. I understand Shecky Greene and Don Rickles will be here in just a while to continue the roast of Jim Brennan. (Laughter) But before that, let's call Local Governments in the Speaker's Conference Room. I understand Mr. Magnarelli is about to make his way. So, members of the Local Governments Committee in the Speaker's Conference Room ACTING SPEAKER AUBRY: Local Governments, Speaker's Conference Room. 14

15 And we're going to need a little bit of quiet around the picture-taking, because Mr. Goodell has an introduction. MR. GOODELL: Thank you very much, Mr. Speaker. Thank you for letting me interrupt the proceedings. It's my great pleasure to introduce Maureen Donahue, who is the School Superintendent for Southwestern Central Schools in my district. She's driven about six hours to be here. She's a member of the Governor's Task Force on Hunger, so she came came up for that. In addition to being the School Superintendent for Southwestern Schools, she is the president-elect of the Council of School Superintendents. So, I anticipate we'll see her again next year, as well, when she becomes president of the Statewide association, which is, of course, a tremendous honor for anyone, to be the president of a Statewide association, especially someone from Chautauqua County. Her school district is actually located -- their main school building is right across the street from my house, and I'm delighted that they take great care of the grounds, although it does force me to keep mine mowed and attractive as well. But please extend the cordialities of our Assembly to Ms. Maureen Donahue, a great asset to our community and to our State. ACTING SPEAKER AUBRY: Certainly. On behalf of Mr. Goodell, the Speaker and all the members, Ms. Donahue, we welcome you here to the New York State Assembly. We commend you on the work that you are doing to educate our children, to ensure 15

16 that we have a better future in this State. You are extended the privileges of the floor. You're always welcome, and congratulations on your upcoming presidency. May it be successful. Thank you very much. (Applause) Mr. Morelle. MR. MORELLE: Yes, sir, thank you. If we could now take up on page 3 of the main Calendar Assembly resolutions, beginning with Resolution No by Ms. Gunther. ACTING SPEAKER AUBRY: Page 3, Resolution No. 1355, the Clerk will read. THE CLERK: Resolution No. 1355, Rules at the request of Mrs. Gunther. Legislative Resolution memorializing Governor Andrew M. Cuomo to proclaim September 21-27, 2014 as Farm and Safety Week in the State of New York. WHEREAS, New York is one of the nation's leaders in production of cabbage, corn, grapes, milk and other dairy products, and ducks; and WHEREAS, New York has over 615,000 milk cows, each producing 20,000 pounds of milk; in total, New York is the third largest producer of dairy products with goods equaling nearly 12.5 billion pounds; and WHEREAS, New York's total cash receipts for farm commodities in 2009 totaled more than $4.4 billion; and 16

17 WHEREAS, In the process of providing food, fiber, biofuels, and many other life necessities for millions across our Nation and beyond, farmers and their families face significant risks in the course of their everyday life and labor; and WHEREAS, New York has over 36,000 individuals who work in farming or agriculture; farm work is often a family business and as we progress into the future, this trend continues; the average age of principal operators is increasing and, as of 2009, is 56 years; and WHEREAS, Farm work often involves close contact with hazardous materials such as dangerous machinery, chemicals, and livestock; by working with these products and animals, the individual's health can be significantly impacted; and WHEREAS, Some family members are at higher risk levels than others; youth may not have the maturity or experience to allow them to fully understand the risks or have the physical capability to perform tasks safely; older farmers may have reduced physical ability and be at greater risk than when they were younger; and WHEREAS, Farm work can, and often does, involve the use of work and recreational vehicles that have taken the place of horses; ATVs are found on many of today's farms to access difficult areas and transport workers and farm items from one area to another; while these vehicles help the farmer do his/her work, they can cause injuries and fatalities when used unsafely; and WHEREAS, It is the intent of this legislative Body to 17

18 join with the National Education Center for Agricultural Safety in encouraging people across the State of New York to recognize the hard work done by the individuals in the agricultural field; now, therefore, be it RESOLVED, That this legislative Body pause in its deliberations to memorialize Governor Andrew M. Cuomo to proclaim September 21-27, 2014 as Farm and Safety Week 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 AUBRY: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. THE CLERK: Resolution No. 1356, Rules at the request of Mr. McDonald. Legislative Resolution memorializing Governor Andrew M. Cuomo to proclaim October 2014 as Anti-Bullying Awareness Month in the State of New York. WHEREAS, It is the custom of this legislative Body to recognize official months that are set aside to increase awareness of serious issues that affect the lives of citizens of New York State; and WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, it is the sense of this legislative Body to memorialize Governor Andrew M. Cuomo to 18

19 proclaim October 2014 as Anti-Bullying Awareness Month in the State of New York, as a symbol of the commitment to the year-round struggle against bullying; and WHEREAS, The mission of Anti-Bullying Awareness Month is to "Stand UP for Character - DOWN to Bullying!"; and WHEREAS, It is imperative to safeguard schools and communities for the children of the State of New York, and, through the recognition of the serious issues that face them each day, offer our children an environment that holds promise and security; and WHEREAS, Many organizations, school districts, educators and parents have publicly expressed concern about the bullying of children; and WHEREAS, Each day an estimated 160,000 children refuse to go to school because they dread the physical and verbal aggression of their peers, and the loneliness that comes from being excluded and made the target of rumors and cyber-bullying; many more students attend school in a chronic state of anxiety; and WHEREAS, It is important that the State of New York acknowledge and heighten awareness concerning the serious issues and the negative effects of bullying, including the long-term damage it can cause in our youth as well as the risks of teenage suicide; and WHEREAS, Providing a safe physical and emotional environment is a significant goal and a personal responsibility of each 19

20 individual; and WHEREAS, It is very important that there be greater public awareness of this serious issue, and more must be done to increase knowledge and attentiveness at both the State and local levels to support and protect our youth, our most precious resource; now, therefore, be it RESOLVED, That this legislative Body pause in its deliberations to memorialize Governor Andrew M. Cuomo to proclaim October 2014 as Anti-Bullying 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 AUBRY: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. THE CLERK: Resolution No. 1357, Rules at the request of Ms. Malliotakis. Legislative Resolution memorializing Governor Andrew M. Cuomo to proclaim October 9, 2014 as PANDAS/PANS (Pediatric Acute-onset Neuropsychiatric Disorders) Awareness Day in the State of New York. WHEREAS, It is the custom of this legislative Body to recognize official days that are set aside to increase awareness of serious illnesses that affect the lives of citizens of New York State; 20

21 and WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this legislative Body is justly proud to memorialize Governor Andrew M. Cuomo to proclaim October 9, 2014 as PANDAS/PANS (Pediatric Acute-onset Neuropsychiatric Disorders) Awareness Day in the State of New York; and WHEREAS, PANDAS, Pediatric Autoimmune Neuropsychiatric Disorders Associated with Streptococcal Infections, is the sudden onset of OCD often displayed as severe anxiety and emotional disturbances plus two or more of the following symptoms: Tics or other abnormal movements; severe separation anxiety, generalized anxiety; irritability, emotional lability, aggression, personality changes; ADHD, inability to concentrate; sensory sensitivities; deterioration in learning abilities and school performance; developmental and age regression (including deterioration in handwriting); sleep and nighttime difficulties; and/or urinary frequency or daytime/nighttime secondary enuresis; and WHEREAS, The onset of symptoms is corresponding to an infection, usually strep; PANDAS children may have moderate to dramatic improvement with antibiotics within one week of treatment, however, further interventions may be needed; and WHEREAS, How to stop the entire syndrome is still debated, but many parents and doctors report prolonged antibiotics (two months to one year) and/or IVIG (intravenous immunoglobulin) 21

22 treatment or plasmaphoresis; and WHEREAS, PITAND, Pediatric Infection-Triggered Autoimmune Neuropsychiatric Disorders, is similar to PANDAS in terms of presentation; however, it consists of a broader list of possible triggers, not only strep; triggers may include Mycoplasma Pneumonia, Mono, Lyme, viruses, and more; and WHEREAS, PANS, Pediatric Acute-onset Neuropsychiatric Syndromes, is a new classification introduced in the 2012 research paper From Research Subgroup to Clinical Syndrome: Modifying the PANDAS Criteria to Describe PANS; and WHEREAS, PANS is broader than PANDAS and PITAND as it includes not only disorders associated with a preceding infection, but also acute-onset non-infectious triggers, such as environmental and metabolic; no treatment plan for this syndrome has been defined at this time, but treatment plans similar to PANDAS should be attempted; and WHEREAS, The three criteria for PANS are: Abrupt, dramatic onset of obsessive-compulsive disorder or severely restricted food intake; concurrent presence of additional neuropsychiatric symptoms, with similarly severe and acute onset; and symptoms are not better explained by a known neurological or medical disorder; and WHEREAS, A conservative estimate of the prevalence of PANDAS/PANS cases in the United States alone is 162,000; however, the true prevalence of PANDAS/PANS is not 22

23 known; and WHEREAS, PANDAS/PANS is likely as common as illnesses like Pediatric Cancer, Pediatric Diabetes, and ALS, and can seriously affect the healthy outcome of a child's life; and. WHEREAS, Approximately 500,000 children are diagnosed with OCD in the United States; and roughly 148,000 children are diagnosed with Tourette Syndrome in the United States; and WHEREAS, Founded in 2009, PANDAS Network.org is a non-profit organization that raises awareness of PANDAS onset and course of illness by providing: An ongoing database of new PANDAS cases (over 1,000 tracked thus far); parent referrals to support groups and physicians; a conduit for new researchers to navigate collaborations and new treating physicians to find information; online newsletters to parents and physicians about latest research; and information that is medically accurate and reviewed by our Scientific Advisory Board; and WHEREAS, It is imperative that there be greater public awareness of this serious health issue, and more must be done to increase activity at the local, State and national levels; now, therefore, be it RESOLVED, That this legislative Body pause in its deliberations to memorialize Governor Andrew M. Cuomo to proclaim October 9, 2014 as PANDAS/PANS (Pediatric Acute-onset Neuropsychiatric Disorders) Awareness Day in the State of New 23

24 York; and be it further RESOLVED, That copies of this Resolution, suitably engrossed, be transmitted to The Honorable Andrew M. Cuomo, Governor of the State of New York, and PANDAS Network.org. ACTING SPEAKER AUBRY: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. THE CLERK: Resolution No. 1358, Rules at the request of Mr. Brindisi. Legislative Resolution memorializing Governor Andrew M. Cuomo to proclaim November 10, 2014 as Neuroendocrine Tumor Cancer Awareness Day. WHEREAS, It is the custom of this legislative Body to recognize official days that are set aside to increase awareness of serious illnesses that affect the lives of citizens of New York State; and WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this legislative Body is justly proud to memorialize Governor Andrew M. Cuomo to proclaim November 10, 2014 as Neuroendocrine Tumor Cancer Awareness Day; and WHEREAS, Neuroendocrine cells, located throughout the body, produce hormones used for a variety of important functions, such as regulating air and blood flow through the lungs and the production of adrenaline in the adrenal glands; and 24

25 WHEREAS, Neuroendocrine tumor (NET) cancer occurs when these neuroendocrine cells grow uncontrollably into malignant tumors, disrupting the cells' important functions, and causing a wide variety of serious symptoms including recurrent lung infections, wheezing, abdominal pain, heart palpitations, heartburn, skin rashes, anxiety attacks, and sometimes death; and WHEREAS, NET cancer most often originates in the lung or gastrointestinal system but can also begin in other organs, such as the pancreas, kidneys, ovaries, testes, or thyroid gland; and WHEREAS, Even though thousands of Americans suffer from NET cancer, mistakes in diagnosis and caring for those suffering are far too common due to a lack of knowledge in the medical community about the disease; and WHEREAS, Over 90 percent of NET cancer patients are incorrectly diagnosed and initially treated for the wrong disease; and WHEREAS, Misdiagnoses and delayed diagnoses mean that NET cancer patients are treated for the wrong disease, on average, for five to seven years, by which point the cancer has often spread, making survival less likely; and WHEREAS, Despite the fact that the majority of neuroendocrine tumors are cancerous, healthcare professionals often believe they are not cancerous, are unlikely to cause serious harm, and underestimate the tumor's ability to spread to other parts of the body, further decreasing the patient's likelihood of survival; and 25

26 WHEREAS, Despite the well-publicized illness and death of Steve Jobs, who succumbed to a form of NET cancer, knowledge of the disease is too limited both within the medical community and among the general public; and WHEREAS, Greater awareness and knowledge of NET cancer both in the medical and lay communities would substantially benefit those affected by helping to generate the funding for further research to improve treatments, and ultimately save more lives; now, therefore, be it RESOLVED, That this legislative Body pause in its deliberations to memorialize Governor Andrew M. Cuomo to proclaim November 10, 2014 as Neuroendocrine Tumor Cancer Awareness Day; 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 AUBRY: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. THE CLERK: Resolution No. 1359, Rules at the request of Mr. Lalor. Legislative Resolution memorializing Governor Andrew M. Cuomo to proclaim November 16, 2014 as CADASIL Awareness Day in the State of New York. WHEREAS, It is the custom of this legislative Body 26

27 to recognize official days that are set aside to increase awareness of serious illnesses that affect the lives of citizens of New York State; and WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this legislative Body is justly proud to memorialize Governor Andrew M. Cuomo to proclaim November 16, 2014 as CADASIL Awareness Day in the State of New York; and WHEREAS, Cerebral autosomal dominant arteriopathy with subcortical infarcts and leukoencephalopathy (CADASIL) is a rare, hereditary disease that is often misdiagnosed and underdiagnosed; and WHEREAS, The prevalence of CADASIL is about 2 per 100,000, which could be an underestimation due to misdiagnosis; and WHEREAS, CADASIL is the most common monogenic inherited form of small blood vessel disease; and WHEREAS, Patients with CADASIL suffer from damage within the small blood vessels, especially those within the brain; and WHEREAS, CADASIL causes multiple strokes and TIAs (Transient Ischemic Attacks; mini-strokes) in young adults aged 20-50, often without cardiovascular risk factors; and WHEREAS, CADASIL is a progressively debilitating disease, and symptoms follow a step-wise progression 27

28 ranging from migraine headaches to strokes and finally dementia; and WHEREAS, The progress, severity and specific symptoms of CADASIL are variable from person to person and can include seizures, migraines, dizziness, balance problems, visual disturbances, mood disorders, anxiety, depression, apathy, fatigue, cognitive decline and dementia; and WHEREAS, It may take years to receive a diagnosis of CADASIL since medical professionals are inadequately educated on CADASIL; and WHEREAS, CADASIL affects women, men and children of all ethnicities around the world; and WHEREAS, There are no treatments or cure for CADASIL; and WHEREAS, It is imperative that there be greater public awareness of this serious health issue, and more must be done to increase activity at the local, State and national levels; now, therefore, be it RESOLVED, That this legislative Body pause in its deliberations to memorialize Governor Andrew M. Cuomo to proclaim November 16, 2014 as CADASIL Awareness Day 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 AUBRY: On the resolution, all 28

29 those in favor signify by saying aye; opposed, no. The resolution is adopted. Mr. Morelle. MR. MORELLE: Yes, Mr. Speaker, colleagues, we're going to now begin consenting on page 12 of the main Calendar, beginning with Rules Report No. 184 by Ms. Paulin. ACTING SPEAKER AUBRY: Page 12, Rules Report No. 184, the Clerk will read. THE CLERK: Bill No A, Rules Report No. 184, Paulin. An act to amend the Vehicle and Traffic Law, in relation to the residential parking system in the Village of Bronxville in the County of Westchester; and providing for the repeal of such provisions upon expiration thereof. ACTING SPEAKER AUBRY: On a motion by Ms. Paulin, the Senate bill is before the House. The Senate bill is advanced. Home rule message is at the desk. Read the last section. THE CLERK: This act shall take effect on the 60th day next succeeding the date on which it shall have become a law. Mr. Morelle. MR. MORELLE: Yes, sir. I just want to remind folks that this is our first vote of the day, so this will help us move the 29

30 day's proceedings along if people cast their votes. ACTING SPEAKER AUBRY: First vote of the day. Please proceed to the Chamber and cast your ballot. Thank you. Mr. Morelle. MR. MORELLE: Yes, Mr. Speaker. While this roll call is under way, I would like to remind, again, members of the Local Governments Committee of the meeting in the Speaker's Conference Room, particularly those members of that Committee who have already cast their votes, if they could make their way so we could move our committee meetings along, sir. ACTING SPEAKER AUBRY: Certainly, Mr. Morelle. Local Governments is waiting its members in the Speaker's Conference Room. Please go there directly. Thank you. THE CLERK: Bill No. 9082, Rules Report No. 185, Miller. An act to amend the Executive Law, in relation to broadening the focus of the New York State Committee for the Coordination of Police Services to Elderly Persons. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. 30

31 THE CLERK: Bill No A, Rules Report No. No. 187, Russell, Lifton. An act to amend the Soil and Water Conservation Districts Law, in relation to authorizing directors of soil and water conservation districts to carry out preventative and control measures for the spread of invasive species. ACTING SPEAKER AUBRY: On a motion by Ms. Russell, the Senate bill is before the House. The Senate bill is advanced. Read the last section. THE CLERK: This act shall take effect immediately. THE CLERK: Bill No. 9162, Rules Report No. 189, Abbate. An act to amend the Retirement and Social Security Law, in relation to an optional 20-year retirement plan for members of the 31

32 New York State and Local Police and Fire Retirement System and to amend Chapter 504 of the Laws of 2009, amending the Retirement and Social Security Law relating to establishing police and fire retirement provisions, in relation to special retirement plans for members of the New York State Police and Fire Retirement System. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. THE CLERK: Bill No. 9222, Rules Report No. 190, Skartados. An act to amend the Highway Law, in relation to designating a portion of State Route 9 in Dutchess County as the "Detective John M. Falcone Memorial Highway." ACTING SPEAKER AUBRY: On a motion by Mr. Skartados, the Senate bill is before the House. The Senate bill is advanced. Read the last section. THE CLERK: This act shall take effect immediately. 32

33 THE CLERK: Bill No A, Rules Report No. 191, Titone, Englebright. An act to amend the Arts and Cultural Affairs Law, in relation to prohibiting the New York State Council on the Arts from awarding arts and cultural grants when an organization has already applied for and/or received grant funding from another state. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. Mr. Morelle. MR. MORELLE: Yes, thank you, Mr. Speaker, for allowing me the interruption to urge members of the Judiciary Committee to join the Chair, Ms. Weinstein, in the Speaker's Conference Room. Judiciary Committee. 33

34 ACTING SPEAKER AUBRY: Judiciary Committee in the Speaker's Conference Room. Ms. Weinstein awaits. Please go quickly. The Clerk will read. THE CLERK: Bill No. 9314, Rules Report No. 193, Weinstein. An act to amend the Civil Practice Law and Rules, in relation to business records of non-parties. ACTING SPEAKER AUBRY: On a motion by Ms. Weinstein, the Senate bill is before the House. The Senate bill is advanced. Read the last section. THE CLERK: This act shall take effect immediately. THE CLERK: Bill No. 9326, Rules Report No. 194, Lentol. An act in relation to authorizing Cong Chevra Kadisha Anash, Inc. of Monroe to file an application for real property tax exemption. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. 34

35 THE CLERK: Bill No A, Rules Report No. No. 195, Titone, Paulin, Barrett. An act to amend the General Business Law, in relation to employee human trafficking recognition training; and relating to authorizing the establishment of a standardized human trafficking recognition training program. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. THE CLERK: Bill No. 9349, Rules Report No. 196, Jaffee. An act to amend the Public Authorities Law, in relation to the village of Suffern Parking Authority and repealing Title 18 of Article VII of such law relating thereto. ACTING SPEAKER AUBRY: A home rule message 35

36 is at the desk. Read the last section. THE CLERK: This act shall take effect December 31, Mr. Morelle. MR. MORELLE: Yes, thank you, Mr. Speaker. I have been advised that the Committee on Environmental Conservation is prepared to meet in the Speaker's Conference Room. Mr. Sweeney is making his way. So, members of the Environmental Conservation Committee should meet in the Speaker's Conference Room. ACTING SPEAKER AUBRY: Environmental Conservation, Speaker's Conference Room. Proceed immediately. Thank you. The Clerk will read. THE CLERK: Bill No. 9392, Rules Report No. 197, Abbate. An act to amend the Retirement and Social Security Law, in relation to authorizing enrollment in the section 384-d retirement plan for all new members of the New York State and Local Police and Fire 36

37 Retirement System. ACTING SPEAKER AUBRY: On a motion by Mr. Abbate, the Senate bill is before the House. The Senate bill is advanced. Read the last section. THE CLERK: This act shall take effect January 1, THE CLERK: Bill No B, Rules Report No. 198, O'Donnell. An act to amend the General Business Law, in relation to fees charged by employment agencies. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. 37

38 THE CLERK: Bill No A, Rules Report No. 199, Paulin, Buchwald, Lifton, Barrett, Rosenthal, Stirpe, Lupardo, Galef, Hooper, Abinanti. An act to amend the Real Property Tax Law, in relation to exemption from taxation for certain solar or wind energy systems or farm waste energy systems. ACTING SPEAKER AUBRY: On a motion by Ms. Paulin, the Senate bill is before the House. The Senate bill is advanced. Read the last section. THE CLERK: This act shall take effect immediately. THE CLERK: Bill No A, Rules Report No. 201, Gottfried. An act to amend the Education Law, in relation to restricted clinical laboratory licenses issued under the Clinical Laboratory Technology Practice Act. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. 38

39 THE CLERK: Bill No. 9531, Rules Report No. 203, Glick, Scarborough, Lupinacci, Perry. An act to amend the Education Law, in relation to resident undergraduate tuition for SUNY and CUNY; and to amend Section 16 of Chapter 260 of the Laws of 2011 amending the Education Law and the New York State Urban Development Corporation Act, relating to establishing components of the NY-SUNY 2020 Challenge Grant Program, in relation to the effectiveness thereof. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. THE CLERK: Bill No. 9539, Rules Report No. 204, Morelle, McDonald, Lupardo. An act to amend the Banking Law, in 39

40 relation to subprime home loans. ACTING SPEAKER AUBRY: On a motion by Mr. Morelle, the Senate bill is before the House. The Senate bill is advanced. Read the last section. THE CLERK: This act shall take effect immediately. THE CLERK: Bill No A, Rules Report No. 205, Brindisi. An act to amend the Public Authorities Law, in relation to the issuance of bonds and notes of the Upper Mohawk Valley Regional Water Finance Authority and to amend the maximum aggregate principal amount limitation. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. Mr. Butler to explain his vote. MR. BUTLER: Thank you very much, Mr. Speaker. 40

41 I'll just be a moment. I have voted no as kind of a protest vote. The Upper Mohawk Valley Regional Water Authority was formed in the mid-90's when the City of Utica and Oneida County faced bankruptcy. They took the assets of the Utica Board of Water Supply, sold them to this newly-created authority, and Herkimer County and Oneida County became partners in this process. Well, since that time, Herkimer County only has one out of twelve board members. Essentially, there have been a number of unilateral decisions affecting Herkimer County. Three-quarters of the Hinckley Reservoir lies within our borders. The West Canada Creek, for most of its 18-mile length, flows through Herkimer County. There have been a number of unilateral decisions that have been made by this authority, which is dominated by representatives from Oneida County, with little regard for Herkimer County's involvement or participation in this process. We have documentation -- there was an auxiliary dam, the Great Reservoir Dam, which was demolished ten years ago, and we have documented evidence that in the ten-year period since, there has been a dramatic increase in flooding incidents downstream, along the West Canada. Just recently, the Water Authority received permission from the DEC to expand dramatically the amount of take out of Hinckley Reservoir. And I presume -- although it has never been explained to those of us in Herkimer County -- that this increase in bonding will be to expand their treatment facilities to provide more water to customers who are primarily in Oneida County. I use this, my colleagues, as a cautionary tale in this 41

42 era when we're talking about cooperative agreements and consolidations and joint projects. If you, or any municipal officials that are watching this, be careful of the agreements you make. Get a good lawyer, read the fine print. And remember that any verbal agreements that you have with whoever is making the agreement at the time, can go away years down the road. So, I am voting no on this particular piece of legislation. Thank you, Mr. Speaker. ACTING SPEAKER AUBRY: Mr. Butler in the negative. Mr. Morelle. MR. MORELLE: Yes, sir, thank you. We're moving right along. We now need members of the Real Property Taxation Committee to meet in the Speaker's Conference Room. Mrs. Galef is prepared to lead the charge. Members of the Real Property Taxation Committee in the Speaker's Conference Room. ACTING SPEAKER AUBRY: Real Property Taxation, Speaker's Conference Room. Mrs. Galef is leading the charge. The Clerk will read. THE CLERK: Bill No. 9595, Rules Report No. 206, 42

43 Skoufis. An act to amend the State Law, in relation to cessation of jurisdiction of a parcel of land comprising part of the West Point Military Reservation. ACTING SPEAKER AUBRY: On a motion by Mr. Skoufis, the Senate bill is before the House. The Senate bill is advanced. Read the last section. THE CLERK: This act shall take effect immediately. THE CLERK: Bill No. 9599, Rules Report No. 207, Brennan, Skoufis, Otis, McDonald, Fahy. An act to amend Chapter 549 of the Laws 2013 amending the Executive Law and other laws relating to reform of charitable organizations, in relation to providing that the State shall develop certain procedures for the New York State Grants Gateway. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. 43

44 THE CLERK: Bill No. 9613, Rules Report No. 208, Silver, Glick, Kavanagh, Brennan. An act to amend Chapter 259 of the Laws of 2004, relating to enacting the Coordinated Construction Act for Lower Manhattan, in relation to the effectiveness of such chapter. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. THE CLERK: Bill No A, Rules Report No. 209, Lavine. An act to amend the Highway Law, in relation to designating a portion of the State highway system as the "Sergeant Major Daniel Joseph Daly Memorial Highway." ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. 44

45 ACTING SPEAKER SWEENEY: Are there any other votes? The Clerk will announce THE CLERK: Bill No A, Rules Report No. 210, Lifton. An act to amend the Vehicle Traffic Law, in relation vehicle fitness for crossing R-posted bridges. ACTING SPEAKER SWEENEY: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER SWEENEY: The Clerk will THE CLERK: Bill No. 9694, Rules Report No. 212, Glick. An act to amend the Education Law, in relation to the requirements for a license as a professional engineer; and to repeal certain provisions of such law relating thereto. ACTING SPEAKER SWEENEY: Read the last 45