Regular Session - June 17, 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                  June 17, 2011

11                    5:51 p.m.

12                        

13                        

14                 REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH A. GRIFFO, 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 GRIFFO:   There 

 3   has been notice, and the Senate has come into 

 4   session.  

 5                I ask all present to please rise 

 6   and join with me as we recite the Pledge of 

 7   Allegiance to our Flag.

 8                (Whereupon, the assemblage 

 9   recited the Pledge of Allegiance to the 

10   Flag.)

11                ACTING PRESIDENT GRIFFO:   I ask 

12   all present, in the absence of clergy, to 

13   please bow your head in a moment of silent 

14   reflection.  

15                (Whereupon, the assemblage 

16   respected a moment of silence.)

17                ACTING PRESIDENT GRIFFO:   The 

18   reading of the Journal.

19                THE SECRETARY:   In Senate, 

20   Thursday, June 16, the Senate met pursuant to 

21   adjournment.  The Journal of Wednesday, 

22   June 15, was read and approved.  On motion, 

23   Senate adjourned.

24                ACTING PRESIDENT GRIFFO:    

25   Without objection, the Journal stands 

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 1   approved as read.

 2                Presentation of petitions.  

 3                Messages from the Assembly.

 4                Messages from the Governor.

 5                Reports of standing committees.

 6                Reports of select committees.

 7                Communications and reports from 

 8   state officers.

 9                Motions and resolutions.

10                Senator Skelos.

11                SENATOR SKELOS:   Mr. President, I 

12   hope everybody had a good weekend.

13                (Laughter.)

14                SENATOR SKELOS:  Mr. President, 

15   on behalf of Senator Alesi, I offer the 

16   following amendments to Calendar Number 1357, 

17   Senate Print Number 5587B, and ask that said 

18   bill retain its place on the Third Reading 

19   Calendar.  

20                ACTING PRESIDENT GRIFFO:   The 

21   amendments are received, and the bill will 

22   retain its place on third reading.

23                SENATOR SKELOS:   Mr. President, 

24   I wish to call up Senate Print Number 4530A, 

25   recalled from the Assembly, which is now at 

                                                               5241

 1   the desk.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   915, by Senator Saland, Senate Print 4530A, an 

 6   act to amend the Civil Practice Law and Rules.

 7                SENATOR SKELOS:   Mr. President, I 

 8   now move to reconsider the vote by which the bill 

 9   passed.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll on reconsideration.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 56.

14                SENATOR SKELOS:   Mr. President, I 

15   now offer the following amendments.  

16                ACTING PRESIDENT GRIFFO:   The 

17   amendments are accepted.

18                Senator Skelos.

19                SENATOR SKELOS:   If we can now go 

20   to reports of standing committees, I believe 

21   there's a report of the Rules Committee at the 

22   desk. 

23                ACTING PRESIDENT GRIFFO:   Reports 

24   of standing committees.  

25                The Secretary will read.

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 1                THE SECRETARY:   Senator Skelos, 

 2   from the Committee on Rules, reports the 

 3   following bill direct to third reading:  

 4                Senate Print 5807, by Senator 

 5   Skelos, an act to amend Chapter 576 of the Laws 

 6   of 1974.

 7                SENATOR SKELOS:   Mr. President, I 

 8   move that we accept the report of the Rules 

 9   Committee.

10                ACTING PRESIDENT GRIFFO:   All in 

11   favor of accepting the report of the Rules 

12   Committee signify by saying aye.

13                (Response of "Aye.")

14                ACTING PRESIDENT GRIFFO:   Opposed?  

15                (No response.)

16                ACTING PRESIDENT GRIFFO:   The Rules 

17   report is accepted, Senator Skelos.

18                SENATOR SKELOS:   If we could now go 

19   to Senate Supplemental Calendar 56A, 

20   noncontroversial.

21                ACTING PRESIDENT GRIFFO:   The 

22   Secretary will read.

23                THE SECRETARY:   Calendar Number 

24   1377, by Senator Skelos, Senate Print 5807, an 

25   act to amend Chapter 576 of the Laws of 1974.

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 1                SENATOR SKELOS:   Mr. President, is 

 2   there a message at the desk?  

 3                ACTING PRESIDENT GRIFFO:   There is 

 4   a message at the desk.

 5                SENATOR SKELOS:   Move to accept.

 6                ACTING PRESIDENT GRIFFO:   All in 

 7   favor of accepting the message of necessity by 

 8   the Governor signify by saying aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT GRIFFO:   Opposed?  

11                (No response.)

12                ACTING PRESIDENT GRIFFO:   The 

13   message is accepted.  

14                The Secretary will read the last 

15   section.

16                THE SECRETARY:   Section 7.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 58.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                SENATOR SKELOS:   Thank you, 

25   Mr. President.

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 1                There will be a Majority conference 

 2   on Monday at 11:00 a.m. 

 3                And there being no further business 

 4   to come before the Senate, I move we stand 

 5   adjourned until Monday --

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Skelos, one second, please.

 8                Senator Hassell-Thompson.

 9                SENATOR HASSELL-THOMPSON:   Thank 

10   you, Mr. President.  

11                There will be an immediate meeting 

12   of the Democratic Conference in the Democratic 

13   Conference Room.

14                ACTING PRESIDENT GRIFFO:   There 

15   will be an immediate meeting following session of 

16   the Democrat Conference in the Democratic 

17   Conference Room.

18                One second, please.  We're not 

19   complete yet.  I would ask all members to remain 

20   in their seats.

21                Senator Skelos.

22                SENATOR SKELOS:   Mr. President, 

23   sometimes life is not easy.  And I believe the 

24   Assembly passed the bill, so we may have to 

25   uncross the two.

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 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Skelos, we've been informed that the Senate did 

 3   indeed pass the bill first and that the Assembly 

 4   is taking the bill up now.  So we will now take 

 5   your announcements into consideration.

 6                SENATOR SKELOS:   I knew we moved 

 7   faster than the Assembly.

 8                There being no further business to 

 9   come before the Senate, I move we stand adjourned 

10   until Monday, June 20th, at 12:00 noon, 

11   intervening days being legislative days.

12                ACTING PRESIDENT GRIFFO:   So there 

13   will be an immediate meeting of the Democrat 

14   Conference in the Democrat Conference Room.  

15                There will be an 11:00 a.m. 

16   conference on Monday, June 20th, in the 

17   Republican Majority Conference Room of the 

18   Republican Majority.  

19                On motion, the Senate stands 

20   adjourned until Monday, June 20th, at noon, 

21   intervening days being legislative days. 

22                (Whereupon, at 5:56 p.m., the Senate 

23   adjourned.)

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