Regular Session - May 11, 2011

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     May 11, 2011

        11                      11:15 a.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR JOSEPH E. ROBACH, Acting President

        19  FRANCIS W. PATIENCE, Secretary

        20

        21

        22

        23

        24

        25



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         1                 P R O C E E D I N G S

         2                  ACTING PRESIDENT ROBACH:    The

         3       Senate will come to order.

         4                  I ask everyone present to please

         5       join me in the Pledge of Allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  ACTING PRESIDENT ROBACH:    In the

         9       absence of clergy, may we please bow our heads

        10       in a moment of silence.

        11                  (Whereupon, the assemblage

        12       respected a moment of silence.)

        13                  ACTING PRESIDENT ROBACH:    The

        14       reading of the Journal.

        15                  The Secretary will read.

        16                  THE SECRETARY:    In Senate,

        17       Tuesday, May 10th, the Senate met pursuant to

        18       adjournment.  The Journal of Monday, May 9th,

        19       was read and approved.  On motion, Senate

        20       adjourned.

        21                  ACTING PRESIDENT ROBACH:    Without

        22       objection, the Journal stands approved as

        23       read.

        24                  Presentation of petitions.

        25                  Messages from the Assembly.



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         1                  The Secretary will read.

         2                  THE SECRETARY:    On page 38,

         3       Senator Marcellino moves to discharge, from

         4       the Committee on Investigations and Government

         5       Operations, Assembly Bill Number 6856A and

         6       substitute it for the identical Senate Bill

         7       Number 4493, Third Reading Calendar 493.

         8                  ACTING PRESIDENT ROBACH:

         9       Substitution ordered.

        10                  THE SECRETARY:    On page 43,

        11       Senator Martins moves to discharge, from the

        12       Committee on Local Government, Assembly Bill

        13       Number 6461B and substitute it for the

        14       identical Senate Bill Number 4647A, Third

        15       Reading Calendar 542.

        16                  ACTING PRESIDENT ROBACH:

        17       Substitution ordered.

        18                  THE SECRETARY:    And on page 44,

        19       Senator McDonald moves to discharge, from the

        20       Committee on Mental Health and Developmental

        21       Disabilities, Assembly Bill Number 6840 and

        22       substitute it for the identical Senate Bill

        23       Number 4467, Third Reading Calendar 549.

        24                  ACTING PRESIDENT ROBACH:

        25       Substitution ordered.



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         1                  Messages from the Governor.

         2                  Reports of standing committees.

         3                  Reports of select committees.

         4                  Communications and reports from

         5       state officers.

         6                  Motions and resolutions.

         7                  Senator Libous.

         8                  SENATOR LIBOUS:    Thank you,

         9       Mr. President.

        10                  Mr. President, on behalf of Senator

        11       Saland, I wish to call up his bill, Print

        12       Number 4244, recalled from the Assembly, which

        13       is now at the desk, please.

        14                  ACTING PRESIDENT ROBACH:    The

        15       Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       292, by Senator Saland, Senate Print 4244, an

        18       act to amend the Criminal Procedure Law.

        19                  SENATOR LIBOUS:    Mr. President, I

        20       now move to reconsider the vote by which this

        21       bill was passed.

        22                  ACTING PRESIDENT ROBACH:    The

        23       Secretary will call the roll on

        24       reconsideration.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 51.

         2                  SENATOR LIBOUS:    Mr. President, I

         3       now offer up the following amendments.

         4                  ACTING PRESIDENT ROBACH:    The

         5       amendments are received and adopted.

         6                  SENATOR LIBOUS:    Mr. President,

         7       on behalf of Senator Bonacic, on page 16 I

         8       offer the following amendments to Calendar

         9       Number 166, Senate Print 3759, and ask that

        10       said bill retain its place on the Third

        11       Reading Calendar.

        12                  ACTING PRESIDENT ROBACH:    The

        13       amendments are received and adopted, and the

        14       bill will retain its place on the Third

        15       Reading Calendar.

        16                  SENATOR LIBOUS:    Mr. President, I

        17       believe at this time you should call on

        18       Senator Breslin.

        19                  ACTING PRESIDENT ROBACH:    Senator

        20       Breslin.

        21                  SENATOR BRESLIN:    Thank you,

        22       Mr. President.

        23                  On behalf of Senator Espaillat, I

        24       wish to call up Senate Print Number 3114,

        25       recalled from the Assembly, which is now at



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         1       the desk.

         2                  ACTING PRESIDENT ROBACH:    The

         3       Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       195, by Senator Espaillat, Senate Print 3114,

         6       an act to amend the Public Housing Law.

         7                  SENATOR BRESLIN:    Mr. President,

         8       I now move to reconsider the vote by which

         9       this bill was passed.

        10                  ACTING PRESIDENT ROBACH:    Call

        11       the roll on reconsideration.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 51.

        14                  SENATOR BRESLIN:    Mr. President,

        15       I now offer the following amendments.

        16                  ACTING PRESIDENT ROBACH:    The

        17       amendments are received and adopted.

        18                  SENATOR BRESLIN:    Thank you,

        19       Mr. President.

        20                  ACTING PRESIDENT ROBACH:    Thank

        21       you, Senator Breslin.

        22                  Senator Libous.

        23                  SENATOR LIBOUS:    Mr. President,

        24       thank you.

        25                  Mr. President, at this time I



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         1       believe there's a privileged resolution at the

         2       desk by Senator Breslin.  Could you read the

         3       title and then call on Senator Breslin.

         4                  ACTING PRESIDENT ROBACH:    The

         5       Secretary will read.

         6                  THE SECRETARY:    Legislative

         7       resolution by Senator Breslin, honoring the

         8       College of St. Rose Women's Soccer Team upon

         9       the occasion of its outstanding 2010 season.

        10                  ACTING PRESIDENT ROBACH:    Senator

        11       Breslin.

        12                  SENATOR BRESLIN:    Thank you,

        13       Mr. President.

        14                  It's now becoming a habit to single

        15       out the St. Rose Division II Soccer Team, who

        16       were ranked last year Number 3 in the country.

        17       They finished the season with a 23-1-1 record

        18       with 17 shutouts.  And they have now 10

        19       consecutive years, as a team, of being

        20       Academic All-Americans.  And last year they

        21       were also undefeated during their regular

        22       season.

        23                  And we're honored to have with us

        24       today the athletic director of St. Rose, Cathy

        25       Haker; the Assistant Coach, Kailey Egbert; and



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         1       players Aoife Herbert, Molly Harpster, Kim

         2       Morton and Brittany Godin.

         3                  So it's such an honor to have you

         4       here.  You've begun a tradition that will

         5       continue on and continue on and continue on.

         6       And this Capital District community is very,

         7       very proud of St. Rose and in particular this

         8       women's soccer team.  Congratulations.

         9                  ACTING PRESIDENT ROBACH:    Thank

        10       you, Senator Breslin.

        11                  Senator Farley on the resolution.

        12                  SENATOR FARLEY:    I also rise to

        13       support this.  St. Rose is a magnificent

        14       college.  My wife a graduate of it, and my

        15       daughter is also a graduate of St. Rose, a

        16       college that I not only support but am very,

        17       very close to, having gotten my wife from

        18       there.

        19                  (Laughter.)

        20                  SENATOR FARLEY:    But you know, I

        21       do congratulate, I do congratulate the

        22       outstanding accomplishments of the women's

        23       athletics, particularly at St. Rose -- and the

        24       men's athletics -- because the college has

        25       grown so much and been such a part of the



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         1       Capital District.

         2                  We're very, very proud of you and

         3       very proud of all that you've accomplished.

         4       Best wishes.

         5                  ACTING PRESIDENT ROBACH:    The

         6       question is on the resolution.  All those in

         7       favor signify by saying aye.

         8                  (Response of "Aye.")

         9                  ACTING PRESIDENT ROBACH:    Those

        10       opposed, nay.

        11                  (No response.)

        12                  ACTING PRESIDENT ROBACH:    The

        13       resolution is adopted.

        14                  And let me, on behalf of everyone,

        15       congratulate these great young student

        16       athletes from St. Rose on all their

        17       accomplishments.

        18                  (Applause.)

        19                  ACTING PRESIDENT ROBACH:    Senator

        20       LaValle.

        21                  SENATOR LaVALLE:    Mr. President,

        22       there's a privileged resolution at the desk by

        23       Senator Saland.  May we please have the title

        24       read and move for its immediate adoption.

        25                  ACTING PRESIDENT ROBACH:    The



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         1       Secretary will read.

         2                  THE SECRETARY:    Legislative

         3       resolution by Senator Saland, honoring Denise

         4       VanBuren upon the occasion of her designation

         5       as recipient of the Meritorious Award by the

         6       Exchange Club of Southern Dutchess.

         7                  ACTING PRESIDENT ROBACH:    The

         8       question is on the resolution.  All those in

         9       favor signify by saying aye.

        10                  (Response of "Aye.")

        11                  ACTING PRESIDENT ROBACH:

        12       Opposed, nay.

        13                  (No response.)

        14                  ACTING PRESIDENT ROBACH:    The

        15       resolution is adopted.

        16                  Senator LaValle.

        17                  SENATOR LaVALLE:    Mr. President,

        18       may we please take up the noncontroversial

        19       reading of the calendar.

        20                  ACTING PRESIDENT ROBACH:    The

        21       Secretary will read.

        22                  THE SECRETARY:    Calendar Number

        23       475, by Senator Oppenheimer, Senate Print

        24       3796, an act to amend the Tax Law.

        25                  SENATOR SERRANO:    Lay it aside



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         1       for the day, please.

         2                  ACTING PRESIDENT ROBACH:    The

         3       bill is laid aside for the day.

         4                  THE SECRETARY:    Calendar Number

         5       493, substituted earlier today by Member of

         6       the Assembly Englebright, Assembly Print

         7       Number 6856A, an act to amend Chapter 704 of

         8       the Laws of 1991.

         9                  ACTING PRESIDENT ROBACH:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT ROBACH:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 57.

        17                  ACTING PRESIDENT ROBACH:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       537, by Senator Grisanti, Senate Print 3916,

        21       an act to amend Chapter 492 of the Laws of

        22       1993.

        23                  ACTING PRESIDENT ROBACH:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT ROBACH:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 57.

         6                  ACTING PRESIDENT ROBACH:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       538, by Senator Ranzenhofer, Senate Print

        10       4120, an act to amend Chapter 629 of the Laws

        11       of 2005.

        12                  ACTING PRESIDENT ROBACH:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT ROBACH:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 57.

        20                  ACTING PRESIDENT ROBACH:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       542, substituted earlier today by Member of

        24       the Assembly Weisenberg, Assembly Print Number

        25       6461B, an act to amend the Real Property Tax



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         1       Law.

         2                  ACTING PRESIDENT ROBACH:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT ROBACH:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 57.

        10                  ACTING PRESIDENT ROBACH:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       543, by Senator Lanza, Senate Print 4807, an

        14       act to amend Chapter 759 of the Laws of 1973.

        15                  ACTING PRESIDENT ROBACH:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT ROBACH:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 57.

        23                  ACTING PRESIDENT ROBACH:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       545, by Senator LaValle, Senate Print 3907, an

         2       act to amend Chapter 84 of the Laws of 2002.

         3                  ACTING PRESIDENT ROBACH:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT ROBACH:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 57.

        11                  ACTING PRESIDENT ROBACH:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       546, by Senator DeFrancisco, Senate Print

        15       4308, an act to amend the Business Corporation

        16       Law.

        17                  ACTING PRESIDENT ROBACH:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 3.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT ROBACH:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 57.

        25                  ACTING PRESIDENT ROBACH:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       548, by Senator Nozzolio, Senate Print 4544,

         4       an act to amend the Not-for-Profit Corporation

         5       Law.

         6                  ACTING PRESIDENT ROBACH:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT ROBACH:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 57.

        14                  ACTING PRESIDENT ROBACH:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       549, substituted earlier today by Member of

        18       the Assembly Rodriguez, Assembly Print Number

        19       6840, an act to amend the Mental Hygiene Law.

        20                  ACTING PRESIDENT ROBACH:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT ROBACH:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 57.

         3                  ACTING PRESIDENT ROBACH:    The

         4       bill is passed.

         5                  Senator LaValle.

         6                  SENATOR LaVALLE:    Mr. President,

         7       I think we're waiting for something to come to

         8       the desk, and we'll just take a brief moment.

         9                  ACTING PRESIDENT ROBACH:    The

        10       Senate will momentarily stand at ease.

        11                  (Whereupon, the Senate stood at

        12       ease at 11:26 a.m.)

        13                  (Whereupon, the Senate reconvened

        14       at 11:27 a.m.)

        15                  ACTING PRESIDENT ROBACH:    Senator

        16       LaValle, we have a motion at the desk.  Can we

        17       return to motions.

        18                  SENATOR LaVALLE:    We have

        19       returned to motions.  Thank you,

        20       Mr. President.

        21                  On page 34 I offer the following

        22       amendments to Calendar Number 456, Senate

        23       Print Number 3803, and ask that said bill

        24       retain its place on the Third Reading

        25       Calendar.



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         1                  ACTING PRESIDENT ROBACH:    The

         2       amendments are received and adopted.

         3                  Senator LaValle.

         4                  SENATOR LaVALLE:    Mr. President,

         5       is there any other business at the desk?

         6                  ACTING PRESIDENT ROBACH:    There

         7       is none, Senator LaValle.

         8                  SENATOR LaVALLE:    There being no

         9       further business before the Senate, I move

        10       that we adjourn until Monday, May 16th, at

        11       3:00 p.m., intervening days being legislative

        12       days.

        13                  ACTING PRESIDENT ROBACH:    On

        14       motion, the Senate stands adjourned until

        15       Monday, May 16th, at 3:00 p.m., intervening

        16       days being legislative days.

        17                  (Whereupon, at 11:28 a.m., the

        18       Senate adjourned.)

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