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.)