Regular Session - May 25, 2011
3464
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 25, 2011
11 11:16 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
3465
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 all present to please rise and
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 now bow our heads in a
10 moment of silence.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT ROBACH: The
14 reading of the Journal.
15 THE SECRETARY: In Senate, Tuesday,
16 May 24th, the Senate met pursuant to adjournment.
17 The Journal of Monday, May 23rd, was read and
18 approved. On motion, Senate adjourned.
19 ACTING PRESIDENT ROBACH: Without
20 objection, the Journal stands approved as read.
21 Presentation of petitions.
22 Messages from the Assembly.
23 The Secretary will read.
24 THE SECRETARY: On page 12, Senator
25 Valesky moves to discharge, from the Committee on
3466
1 Environmental Conservation, Assembly Bill Number
2 4263A and substitute it for the identical Senate
3 Bill Number 656A, Third Reading Calendar 11.
4 ACTING PRESIDENT ROBACH:
5 Substitution ordered.
6 Messages from the Governor.
7 Reports of standing committees.
8 Reports of select committees.
9 Communications and reports from
10 state officers.
11 Motions and resolutions.
12 Senator Libous.
13 SENATOR LIBOUS: Thank you,
14 Mr. President.
15 On behalf of Senator Fuschillo, on
16 page 26 I offer the following amendments to
17 Calendar Number 375, Senate Print Number 3768A,
18 and ask that said bill retain its place on the
19 Third Reading Calendar.
20 ACTING PRESIDENT ROBACH: The
21 amendments are received and adopted, and the bill
22 will retain its place on the Third Reading
23 Calendar.
24 SENATOR LIBOUS: Thank you,
25 Mr. President.
3467
1 Again, on behalf of Senator
2 Fuschillo, on page 27 I offer the following
3 amendments to Calendar Number 387, Senate Print
4 Number 3461B, and ask that said bill retain its
5 place on the Third Reading Calendar.
6 ACTING PRESIDENT ROBACH: The
7 amendments are received and adopted, and the bill
8 will retain its place on the Third Reading
9 Calendar.
10 SENATOR LIBOUS: And,
11 Mr. President, on behalf of Senator Gallivan, I
12 move to recommit Senate Print Number 3454,
13 Calendar Number 815 on the order of first report,
14 to the Committee on Transportation.
15 ACTING PRESIDENT ROBACH: So
16 ordered.
17 SENATOR LIBOUS: Thank you,
18 Mr. President.
19 Mr. President, at this time I
20 believe there's a privileged resolution at the
21 desk by Senator Bonacic. May we please have the
22 title read and move for its immediate adoption.
23 ACTING PRESIDENT ROBACH: The
24 Secretary will read.
25 THE SECRETARY: Legislative
3468
1 resolution by Senator Bonacic, commending the
2 Valedictorians, Salutatorians, and Honored
3 Students of the 42nd Senate District, in
4 recognition of their outstanding accomplishments,
5 at a celebration to be held at the State Capitol
6 on June 2, 2011.
7 ACTING PRESIDENT ROBACH: The
8 question is on the resolution. All in favor
9 signify by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT ROBACH: Opposed,
12 nay.
13 (No response.)
14 ACTING PRESIDENT ROBACH: The
15 resolution is adopted.
16 SENATOR LIBOUS: Mr. President,
17 there's a privileged resolution at the desk by
18 Senator Montgomery. May we please have its title
19 read and move for its immediate adoption.
20 ACTING PRESIDENT ROBACH: The
21 Secretary will read.
22 THE SECRETARY: Legislative
23 resolution by Senator Montgomery, congratulating
24 the 2010-2011 Boys & Girls High School Boys
25 Basketball Team upon winning the 2011 Public
3469
1 Schools Athletic League Boys Basketball AA
2 Championship.
3 ACTING PRESIDENT ROBACH: The
4 question is on the resolution. All those in
5 favor signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT ROBACH: Opposed,
8 nay.
9 (No response.)
10 ACTING PRESIDENT ROBACH: The
11 resolution is adopted.
12 Senator Libous.
13 SENATOR LIBOUS: Mr. President, at
14 this time could I ask the body for unanimous
15 consent for Senator Ruth Hassell-Thompson to
16 acknowledge some visitors.
17 ACTING PRESIDENT ROBACH: Without
18 objection.
19 Senator Hassell-Thompson.
20 SENATOR HASSELL-THOMPSON: Thank
21 you, Mr. President. My children are just filing
22 in.
23 I am very pleased that I've been
24 given the privilege to announce and introduce my
25 students from the Lincoln Elementary School in
3470
1 the City of Mount Vernon. I know that this is
2 one of many classrooms that I've had here this
3 year, and I really appreciate your indulgence
4 because of that.
5 But I believe that social studies
6 and the art of government is very, very
7 important, and too few of our young people have
8 the opportunity to see their government at work.
9 And so what we have done is to send
10 to each of the schools who have asked to visit a
11 questionnaire for them to fill out to determine
12 what bill, if they were in government, would they
13 like to see passed. And so that each of the
14 schools has wrestled with an issue and a problem
15 that many of us wrestle with right here in these
16 chambers.
17 One of the issues that came up from
18 the students this time was to stop the sag. They
19 think that it's inappropriate. They think that
20 it's just outrageous that everybody has to see
21 our young men's underwear. And so that they want
22 us to put a stop to it, and they wanted us to
23 consider that as a bill.
24 As they debated it this morning, it
25 was very interesting that one of our young ladies
3471
1 voted in favor of saying that it was about choice
2 and that students should have a right to choose
3 how they wanted to dress and what style they
4 chose to use.
5 Well, we went very deep into the
6 subject, and one of the students pointed out that
7 it was a jailhouse behavior, and that that's how
8 it was learned. And if that's how children
9 wanted to be perceived, that's what their future
10 potentially could become.
11 And so we used the opportunity this
12 morning to educate our young people as to why and
13 how people see young people who adopt the sag as
14 their style of fashion.
15 I want to just name some of the
16 teachers that are with us from Lincoln School
17 today: Mr. LeRay, Ms. Joffe, Mrs. Mullins,
18 Mrs. Radow, Ms. Green, and Mrs. Ferreira.
19 And I want to thank Ms. Rebecca
20 Jones, who is the interim principal, who was not
21 able to come with her students today, but she can
22 know that they comported themselves so very
23 well.
24 And so I thank you again,
25 Mr. President, for allowing me the opportunity to
3472
1 acknowledge my students from the Lincoln School
2 and let you know that we have some future
3 government people up there in that audience. And
4 I think our world is in good shape.
5 Thank you, Mr. President.
6 ACTING PRESIDENT ROBACH: On behalf
7 of Senator Hassell-Thompson and all of us here in
8 the Senate, we welcome you students and teachers
9 from Lincoln and hope you have a productive and
10 enjoyable day here in the Capitol.
11 And I'm with you: No sagging.
12 (Laughter; applause.)
13 ACTING PRESIDENT ROBACH: Senator
14 Libous.
15 SENATOR LIBOUS: At this time,
16 Mr. President, can we take up the reading of the
17 noncontroversial calendar.
18 ACTING PRESIDENT ROBACH: The
19 Secretary will read.
20 THE SECRETARY: Calendar Number 11,
21 substituted earlier today by Member of the
22 Assembly Magee, Assembly Print 4263A, an act to
23 amend the Environmental Conservation Law.
24 ACTING PRESIDENT ROBACH: Read the
25 last section.
3473
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT ROBACH: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 52.
7 ACTING PRESIDENT ROBACH: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 339, by Senator DeFrancisco, Senate Print 3760,
11 an act to amend the Navigation Law.
12 ACTING PRESIDENT ROBACH: Read the
13 last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect on the first of November.
16 ACTING PRESIDENT ROBACH: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 52.
20 ACTING PRESIDENT ROBACH: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 404, by Senator Ranzenhofer, Senate Print 3228,
24 an act to amend the Domestic Relations Law.
25 ACTING PRESIDENT ROBACH: Read the
3474
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT ROBACH: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 52.
8 ACTING PRESIDENT ROBACH: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 426, by Senator Klein, Senate Print 585, an act
12 to amend the Penal Law.
13 ACTING PRESIDENT ROBACH: Read the
14 last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect on the first of November.
17 ACTING PRESIDENT ROBACH: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 52.
21 ACTING PRESIDENT ROBACH: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 569, by Senator Maziarz, Senate Print 193, an act
25 to amend the Environmental Conservation Law.
3475
1 ACTING PRESIDENT ROBACH: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the same date and in the
5 same manner as Section 3 of Chapter 507 of the
6 Laws of 2010.
7 ACTING PRESIDENT ROBACH: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 52.
11 ACTING PRESIDENT ROBACH: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 579, by Senator Little, Senate Print 824, an act
15 to amend the Executive Law.
16 ACTING PRESIDENT ROBACH: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the first of January.
20 ACTING PRESIDENT ROBACH: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 51. Nays,
24 1. Senator Stewart-Cousins recorded in the
25 negative.
3476
1 ACTING PRESIDENT ROBACH: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 615, by Senator Ball, Senate Print 4569, an act
5 to amend Section 3 of Part C of Chapter 152 of
6 the Laws of 2001.
7 ACTING PRESIDENT ROBACH: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT ROBACH: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 52.
15 ACTING PRESIDENT ROBACH: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 661, by Senator McDonald, Senate Print 2497, an
19 act requiring the creation of a list of suitable
20 documentation.
21 ACTING PRESIDENT ROBACH: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 180th day.
25 ACTING PRESIDENT ROBACH: Call the
3477
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT ROBACH: Senator
4 Parker to explain his vote.
5 SENATOR PARKER: Thank you,
6 Mr. President.
7 I wanted to stand today and
8 congratulate Senator Roy McDonald for putting up
9 this excellent bill. And it certainly is
10 important for us to provide as much opportunity
11 for our veterans to have housing. And anything
12 we can do to make it easier for vets, I'm
13 certainly supportive of.
14 But at the same time that we need to
15 do things for vets to make sure they have good
16 housing, we need to make sure that the hundreds
17 of millions {sic} of people who are going to be
18 affected by the expiring rent regulations on
19 June 15th have that same opportunity to have
20 housing.
21 And so I'm standing up to take this
22 opportunity that as we in fact are taking care of
23 our vets, let's take care of the other
24 New Yorkers who won't be able to afford to live
25 in their houses if we in fact allow our rent
3478
1 regulation laws to expire in the State of
2 New York.
3 So I'm calling on my colleagues to
4 bring something to the floor as soon as possible
5 that strengthens the rent regulations law in the
6 State of New York, and make sure that we provide
7 housing, the most important thing that we can for
8 the people of our citizenry, you know, as soon as
9 possible.
10 Thank you.
11 ACTING PRESIDENT ROBACH: Is there
12 any other Senator wishing to be heard?
13 If none, announce the results.
14 THE SECRETARY: Ayes, 52.
15 ACTING PRESIDENT ROBACH: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 666, by Senator Ranzenhofer, Senate Print 3222,
19 an act to amend the Real Property Tax Law.
20 ACTING PRESIDENT ROBACH: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT ROBACH: Call the
25 roll.
3479
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 52.
3 ACTING PRESIDENT ROBACH: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 674, by Senator O'Mara, Senate Print 4267 --
7 SENATOR LIBOUS: Mr. President,
8 please lay that bill aside for the day.
9 ACTING PRESIDENT ROBACH: The bill
10 is laid aside for the day.
11 THE SECRETARY: Calendar Number
12 734, by Senator Flanagan, Senate Print 5315, an
13 act relating to validating actions taken by the
14 Smithtown Central School District.
15 ACTING PRESIDENT ROBACH: Read the
16 last section.
17 THE SECRETARY: Section 5. This
18 act shall take effect immediately.
19 ACTING PRESIDENT ROBACH: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 52.
23 ACTING PRESIDENT ROBACH: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3480
1 738, by Senator Ranzenhofer, Senate Print 3192,
2 an act to amend the Domestic Relations Law.
3 ACTING PRESIDENT ROBACH: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect on the 120th day.
7 ACTING PRESIDENT ROBACH: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 52.
11 ACTING PRESIDENT ROBACH: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 756, by Senator Adams, Senate Print 3684, an act
15 to amend the Military Law.
16 ACTING PRESIDENT ROBACH: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT ROBACH: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 52.
24 ACTING PRESIDENT ROBACH: The bill
25 is passed.
3481
1 THE SECRETARY: Calendar Number
2 762, by Senator DeFrancisco, Senate Print 5337,
3 an act to amend the Military Law.
4 ACTING PRESIDENT ROBACH: Read the
5 last section.
6 THE SECRETARY: Section 5. This
7 act shall take effect immediately.
8 ACTING PRESIDENT ROBACH: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 52. Nays,
12 1. Senator Duane recorded in the negative.
13 ACTING PRESIDENT ROBACH: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 766, by Senator DeFrancisco, Senate Print 3250A,
17 an act to amend the Public Authorities Law.
18 ACTING PRESIDENT ROBACH: A
19 home-rule message is at the desk.
20 Read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT ROBACH: Call the
24 roll.
25 (The Secretary called the roll.)
3482
1 THE SECRETARY: Ayes, 53.
2 ACTING PRESIDENT ROBACH: The bill
3 is passed.
4 Senator Libous, that completes the
5 noncontroversial calendar.
6 SENATOR LIBOUS: Thank you,
7 Mr. President.
8 Mr. President, before we adjourn, if
9 my colleagues would just indulge me for a second,
10 Monday is Memorial Day. We passed today a number
11 of pieces of legislation that will be helpful to
12 those veterans who have come home and defended
13 our country.
14 Many of us will be going to
15 ceremonies. Many of us will be doing not just
16 one but maybe a series of parades, because of the
17 constituents we represent who have served this
18 great country for generations.
19 At this time, Mr. President, I would
20 ask if my colleagues would stand and join me in a
21 moment of silence for the men and women who did
22 not come home, the men and women who gave the
23 ultimate sacrifice, the men and women who fought
24 for our freedom but gave their lives.
25 ACTING PRESIDENT ROBACH: Thank
3483
1 you, Senator Libous.
2 If we could all take a moment to
3 stand in honor of all our men and women in the
4 military in honor of this weekend's Memorial Day
5 observance.
6 (Whereupon, the assemblage respected
7 a moment of silence.)
8 ACTING PRESIDENT ROBACH: Senator
9 Libous.
10 SENATOR LIBOUS: Thank you,
11 Mr. President.
12 Is there any further business at
13 this time at the desk?
14 ACTING PRESIDENT ROBACH: There is
15 none, Senator Libous.
16 SENATOR LIBOUS: There being no
17 further business, I move that the Senate adjourn
18 until Wednesday, June 1st, at 3:00 p.m.,
19 intervening days being legislative days.
20 ACTING PRESIDENT ROBACH: On
21 motion, the Senate stands adjourned until
22 Wednesday, June 1st, at 3:00 p.m., intervening
23 days being legislative days.
24 (Whereupon, at 11:32 a.m., the
25 Senate adjourned.)