Regular Session - February 14, 2012
551
1 NEW YORK STATE SENATE
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4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 February 14, 2012
11 3:13 p.m.
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14 REGULAR SESSION
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18 SENATOR CARL L. MARCELLINO, Acting President
19 FRANCIS W. PATIENCE, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT MARCELLINO:
3 The Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage
8 recited the Pledge of Allegiance to the
9 Flag.)
10 ACTING PRESIDENT MARCELLINO:
11 Today we're going to have our prayer done by
12 Reverend Peter G. Young, of Mother Teresa
13 Community Church in Albany.
14 REVEREND YOUNG: Let us pray.
15 In New York City, at George
16 Washington's inauguration as president, he
17 placed his hand on the Bible in 1789 to serve
18 with integrity his nation.
19 Our Senators are called to
20 leadership as Your elected and dedicated
21 public servants. We bless them with love on
22 this St. Valentine's Day so that they can
23 carry out their most important work to all of
24 our citizens in the state that we call the
25 Empire State that we all love.
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1 Amen.
2 ACTING PRESIDENT MARCELLINO:
3 Thank you, Reverend.
4 May we have the reading of the
5 Journal.
6 THE SECRETARY: In Senate,
7 Monday, February 13th, the Senate met
8 pursuant to adjournment. The Journal of
9 Friday, February 10th, was read and
10 approved. On motion, Senate adjourned.
11 ACTING PRESIDENT MARCELLINO:
12 Without objection, the Journal stands
13 approved as read.
14 Presentation of petitions.
15 Messages from the Assembly.
16 Messages from the Governor.
17 Reports of standing committees.
18 Reports of select committees.
19 Communications and reports from
20 state officers.
21 Motions and resolutions.
22 Senator Libous.
23 SENATOR LIBOUS: Thank you,
24 Mr. President.
25 Mr. President, on behalf of
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1 Senator Ball, I move that the following bills
2 be discharged from their respective committees
3 and be recommitted with instructions to strike
4 the enacting clause. I have a series here.
5 It's 3817, 4063, 4149, 4764, 4956, 4958, 4959,
6 4962, 4963, 4994, 9495, 4997, 4998, 5033,
7 5265, 5268. And we have some more: 5298,
8 5300, 5301, and 5303.
9 Thank you, Mr. President.
10 ACTING PRESIDENT MARCELLINO: So
11 ordered.
12 Senator Libous.
13 SENATOR LIBOUS: Mr. President,
14 could we have the noncontroversial reading of
15 the calendar, please.
16 ACTING PRESIDENT MARCELLINO:
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 36, by Senator Klein, Senate Print 575, an act
20 to amend the Alcoholic Beverage Control Law.
21 ACTING PRESIDENT MARCELLINO:
22 Read the last section.
23 THE SECRETARY: Section 6. This
24 act shall take effect on the 180th day.
25 ACTING PRESIDENT MARCELLINO:
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1 call the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MARCELLINO:
4 Announce the results.
5 THE SECRETARY: Ayes, 52. Nays,
6 1. Senator Diaz recorded in the negative.
7 ACTING PRESIDENT MARCELLINO:
8 The bill is passed.
9 THE SECRETARY: Calendar Number
10 37, by Senator Grisanti, Senate Print 5829, an
11 act to amend the Alcoholic Beverage Control
12 Law.
13 ACTING PRESIDENT MARCELLINO:
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MARCELLINO:
18 Call the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MARCELLINO:
21 Please announce the results.
22 THE SECRETARY: Ayes, 51. Nays,
23 2. Senators Krueger and Diaz recorded in the
24 negative.
25 ACTING PRESIDENT MARCELLINO:
556
1 The bill is passed.
2 THE SECRETARY: Calendar Number
3 44, by Senator Nozzolio, Senate Print --
4 SENATOR LIBOUS: Lay the bill
5 aside for the day, please.
6 ACTING PRESIDENT MARCELLINO:
7 The bill is laid aside for the day.
8 THE SECRETARY: Calendar Number
9 89, by Senator McDonald, Senate Print 4525B,
10 an act to amend the Mental Hygiene Law.
11 ACTING PRESIDENT MARCELLINO:
12 Read the last section, please.
13 THE SECRETARY: Section 12.
14 This act shall take effect immediately.
15 ACTING PRESIDENT MARCELLINO:
16 Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 53.
19 ACTING PRESIDENT MARCELLINO:
20 The bill is passed.
21 THE SECRETARY: Calendar Number
22 111, by Senator Addabbo --
23 SENATOR BRESLIN: Lay the bill
24 aside for the day.
25 ACTING PRESIDENT MARCELLINO: The
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1 bill is laid aside for the day.
2 THE SECRETARY: Calendar Number
3 116, by Senator Marcellino, Senate Print
4 4272B, an act to amend the Vehicle and Traffic
5 Law.
6 ACTING PRESIDENT MARCELLINO:
7 Read the last section.
8 THE SECRETARY: Section 6. This
9 act shall take effect on the 120th day.
10 ACTING PRESIDENT MARCELLINO:
11 Call the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MARCELLINO:
14 Announce the results.
15 THE SECRETARY: Ayes, 53.
16 ACTING PRESIDENT MARCELLINO:
17 The bill is passed.
18 THE SECRETARY: Calendar Number
19 144, by Senator Young, Senate Print 770, an
20 act to amend the Agriculture and Markets Law.
21 ACTING PRESIDENT MARCELLINO:
22 Read the last section, please.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MARCELLINO:
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1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 53.
4 ACTING PRESIDENT MARCELLINO:
5 The bill is passed.
6 THE SECRETARY: Calendar Number
7 146, by Senator Little, Senate Print 2485, an
8 act to amend the Agriculture and Markets Law.
9 ACTING PRESIDENT MARCELLINO:
10 Read the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MARCELLINO:
14 Call the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MARCELLINO:
17 Senator Little, why do you rise?
18 SENATOR LITTLE: Thank you,
19 Mr. President. If I could explain my vote,
20 please.
21 ACTING PRESIDENT MARCELLINO:
22 Senator Little to explain her vote.
23 SENATOR LITTLE: Thank you.
24 I'd like to explain that this
25 bill does not apply to the State Forest
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1 Preserve lands that are held within the
2 Adirondack Park and the Catskill Park because
3 you cannot timber land on the Forest
4 Preserve.
5 What this applies to is the
6 Forest Preserve lands, the state lands that
7 are timbered, so that they no longer have to
8 go through an approval process with the
9 Comptroller, but only through the DEC, who has
10 oversight over the timbering of those state
11 lands which are managed and timbered. And it
12 streamlines the process so that you do not
13 have to have the approval of the Comptroller
14 until you get to that price level of $50,000.
15 The price has not been changed
16 since 1999, and the value of timber has
17 increased since 1999. So while it may be the
18 same amount of timber, you are way over the
19 $10,000 mark, you then have to have the
20 approval of the DEC and the Comptroller. This
21 would eliminate the Comptroller from approval
22 until you get to $50,000.
23 So last year the vote on this
24 bill was 62 to zero. And I thank all those
25 who voted for it last year, and I hope you
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1 would do so again this year.
2 But thank you. I vote aye.
3 ACTING PRESIDENT MARCELLINO:
4 You will be recorded in the affirmative,
5 Senator Little.
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar Number 146, those recorded in the
9 negative are Senators Addabbo, Avella,
10 Breslin, Diaz, Espaillat, Gianaris,
11 Hassell-Thompson, Huntley, Kennedy, Krueger,
12 Montgomery, Parker, Peralta, Perkins, Rivera,
13 Sampson, Savino, Serrano, Squadron, Stavisky,
14 and Stewart-Cousins.
15 Ayes, 33. Nays, 21.
16 ACTING PRESIDENT MARCELLINO:
17 The bill is passed.
18 THE SECRETARY: Calendar Number
19 164, by Senator Perkins, Senate Print 6153, an
20 act to amend Chapter 192 of the Laws of 2011.
21 ACTING PRESIDENT MARCELLINO:
22 Read the last section, please.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MARCELLINO:
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1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 54.
4 ACTING PRESIDENT MARCELLINO:
5 The bill is passed.
6 THE SECRETARY: Calendar Number
7 165, by Senator Little, Senate Print 6192, an
8 act to authorize certain healthcare
9 professionals.
10 ACTING PRESIDENT MARCELLINO:
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect July 18, 2012.
14 ACTING PRESIDENT MARCELLINO:
15 Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 54.
18 ACTING PRESIDENT MARCELLINO:
19 The bill is passed.
20 THE SECRETARY: Calendar Number
21 168, by Senator Gallivan, Senate Print 5557 --
22 SENATOR LIBOUS: Lay it aside
23 for the day.
24 ACTING PRESIDENT MARCELLINO:
25 Lay that bill aside for the day, please.
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1 THE SECRETARY: Calendar Number
2 170, by Senator Marcellino, Senate Print 939,
3 an act to amend the Vehicle and Traffic Law.
4 ACTING PRESIDENT MARCELLINO:
5 Read the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the first of
8 November.
9 ACTING PRESIDENT MARCELLINO:
10 Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 54.
13 ACTING PRESIDENT MARCELLINO:
14 The bill is passed.
15 THE SECRETARY: Calendar Number
16 173, by Senator DeFrancisco, Senate Print
17 2860A, an act to amend the Navigation Law.
18 ACTING PRESIDENT MARCELLINO:
19 Read the last section.
20 THE SECRETARY: Section 5. This
21 act shall take effect on the 120th day.
22 ACTING PRESIDENT MARCELLINO:
23 Call the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MARCELLINO:
563
1 Announce the results.
2 THE SECRETARY: Ayes, 54.
3 ACTING PRESIDENT MARCELLINO:
4 The bill is passed.
5 Senator Libous, that completes
6 the noncontroversial reading of the calendar.
7 SENATOR LIBOUS: Mr. President,
8 is there any further business at the desk on
9 this Valentine's Day?
10 ACTING PRESIDENT MARCELLINO:
11 The desk is squeaky clean, sir.
12 SENATOR LIBOUS: Mr. President,
13 there being no further business, I move that
14 we adjourn until Wednesday, February 15th, at
15 10:00 a.m.
16 ACTING PRESIDENT MARCELLINO: On
17 motion, the Senate stands adjourned until
18 Wednesday, February the 15th, at 10:00 a.m.
19 (Whereupon, at 3:24 p.m., the
20 Senate adjourned.)
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