Regular Session - May 21, 2012

                                                                   3019

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 21, 2012

11                     3:15 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JACK MARTINS, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  

                                                               3020

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

 2               ACTING PRESIDENT MARTINS:   The 

 3  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 Flag.)

 9               ACTING PRESIDENT MARTINS:   

10  Please remain standing.  

11               We have the Reverend Peter G. 

12  Young, from Mother Teresa Community in Albany, 

13  here for the invocation.

14               REVEREND YOUNG:   Thank you, 

15  Senator.

16               Let us pray.  

17               By being a Senator, you have 

18  accepted the leadership position so that you 

19  can more fully serve the people of New York 

20  State.  

21               In this spirit of community, our 

22  prayer today will be to better achieve the 

23  goal of dedicated representation in the power 

24  that is entrusted to all of our legislative 

25  leadership.  

                                                               3021

 1               May you attain your satisfaction 

 2  in your services to all of your constituents.  

 3               Amen.

 4               ACTING PRESIDENT MARTINS:   The 

 5  reading of the Journal.

 6               THE SECRETARY:   In Senate, 

 7  Sunday, May 20th, the Senate met pursuant to 

 8  adjournment.  The Journal of Saturday, 

 9  May 19th, was read and approved.  On motion, 

10  Senate adjourned.

11               ACTING PRESIDENT MARTINS:    

12  Without objection, the Journal stands approved 

13  as read.

14               Presentation of petitions.

15               Messages from the Assembly.

16               The Secretary will read.

17               THE SECRETARY:   On page 28, 

18  Senator McDonald moves to discharge, from the 

19  Committee on Transportation, Assembly Bill 

20  Number 3363 and substitute it for the 

21  identical Senate Bill Number 3170, Third 

22  Reading Calendar 547.

23               ACTING PRESIDENT MARTINS:    

24  Substitution ordered.

25               Messages from the Governor.

                                                               3022

 1               Reports of standing committees.  

 2               Reports of select committees.

 3               Communications and reports from 

 4  state officers.

 5               Motions and resolutions.

 6               Senator Libous.

 7               SENATOR LIBOUS:   Mr. President, 

 8  could you please call on Senator Breslin.

 9               ACTING PRESIDENT MARTINS:   Senator 

10  Breslin.

11               SENATOR BRESLIN:   Thank you, 

12  Mr. President.  

13               On behalf of Senator 

14  Stewart-Cousins, on page number 37 I offer the 

15  following amendments to Calendar Number 696, 

16  Senate Print Number 6634, and ask that the said 

17  bill retain its place on the Third Reading 

18  Calendar.

19               ACTING PRESIDENT MARTINS:   The 

20  amendments are received, and the bill will retain 

21  its place on the third reading of the calendar.

22               SENATOR BRESLIN:   Thank you, 

23  Mr. President.

24               On behalf of Senator 

25  Hassell-Thompson, on page number 27 I offer the 

                                                               3023

 1  following amendments to Calendar Number 503, 

 2  Senate Print Number 6457, and ask that said bill 

 3  retain its place on the Third Reading Calendar.

 4               ACTING PRESIDENT MARTINS:   The 

 5  amendments are received, and the bill will retain 

 6  its place on the third reading of the calendar.

 7               SENATOR BRESLIN:   Thank you, 

 8  Mr. President.

 9               ACTING PRESIDENT MARTINS:   Thank 

10  you, Senator Breslin.

11               Senator Libous.

12               SENATOR LIBOUS:   Thank you, 

13  Mr. President.  

14               On behalf of Senator Skelos, I wish 

15  to call up his bill, Senate Print 6162, recalled 

16  from the Assembly, which is now at the desk.

17               ACTING PRESIDENT MARTINS:   The 

18  Secretary will read.

19               THE SECRETARY:   Calendar Number 

20  221, by Senator Skelos, Senate Print 6162, an act 

21  to authorize.

22               SENATOR LIBOUS:   Mr. President, I 

23  now move to reconsider the vote by which this 

24  bill was passed.

25               ACTING PRESIDENT MARTINS:   The 

                                                               3024

 1  Secretary will call the roll on reconsideration.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 46.

 4               SENATOR LIBOUS:   Mr. President, I 

 5  offer up the following amendments.

 6               ACTING PRESIDENT MARTINS:   The 

 7  amendments are received.

 8               SENATOR LIBOUS:   Mr. President, 

 9  also on behalf of Senator Skelos, I wish to call 

10  up his bill, Senate Print Number 6297, recalled 

11  from the Assembly, which is now at the desk.

12               ACTING PRESIDENT MARTINS:   The 

13  Secretary will read.

14               THE SECRETARY:   Calendar Number 

15  225, by Senator Skelos, Senate Print 6297, an act 

16  to authorize.

17               SENATOR LIBOUS:   Mr. President, I 

18  now move to reconsider the vote by which this 

19  bill was passed.

20               ACTING PRESIDENT MARTINS:   Call 

21  the roll on reconsideration.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 49.

24               SENATOR LIBOUS:   Mr. President, I 

25  offer up the following amendments.

                                                               3025

 1               ACTING PRESIDENT MARTINS:   The 

 2  amendments are received.

 3               SENATOR LIBOUS:   Mr. President, on 

 4  behalf of Senator Robach, I wish to call up his 

 5  bill, Senate Print 6740, recalled from the 

 6  Assembly, which is now at the desk.

 7               ACTING PRESIDENT MARTINS:   The 

 8  Secretary will read.

 9               THE SECRETARY:   Calendar Number 

10  568, by Senator Robach, Senate Print 6740, an act 

11  to amend the Insurance Law.

12               SENATOR LIBOUS:   Mr. President, I 

13  now move to reconsider the vote by which this 

14  bill was passed.

15               ACTING PRESIDENT MARTINS:   Call 

16  the roll on reconsideration.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 51.

19               ACTING PRESIDENT MARTINS:   Senator 

20  Libous.

21               SENATOR LIBOUS:   I now offer the 

22  following amendments.

23               ACTING PRESIDENT MARTINS:   The 

24  amendments are received.

25               Senator Libous.  

                                                               3026

 1               SENATOR LIBOUS:   Thank you, 

 2  Mr. President.  

 3               On behalf of Senator Maziarz, on 

 4  page 36 I offer the following amendments to 

 5  Calendar Number 674, Senate Print 515, and ask 

 6  that said bill retain its place on the Third 

 7  Reading Calendar.

 8               ACTING PRESIDENT MARTINS:   The 

 9  amendments are received, and the bill will retain 

10  its place on third reading of the calendar.

11               SENATOR LIBOUS:   Thank you, 

12  Mr. President.

13               On behalf of Senator Zeldin, on 

14  page 32 I offer the following amendments to 

15  Calendar Number 615, Senate Print 6872, and ask 

16  that said bill retain its place on the Third 

17  Reading Calendar.

18               ACTING PRESIDENT MARTINS:   The 

19  amendments are received, and the bill will retain 

20  its place on the third reading of the calendar.

21               Senator Libous.  

22               SENATOR LIBOUS:   Thank you, 

23  Mr. President.

24               May we have the reading of the 

25  noncontroversial calendar at this time, please.

                                                               3027

 1               ACTING PRESIDENT MARTINS:   The 

 2  Secretary will read.

 3               THE SECRETARY:   Calendar Number 

 4  44, by Senator Nozzolio, Senate Print 5208B, an 

 5  act to amend the Real Property Tax Law.

 6               ACTING PRESIDENT MARTINS:   Read 

 7  the last section.

 8               THE SECRETARY:   Section 2.  This 

 9  act shall take effect immediately.

10               ACTING PRESIDENT MARTINS:   Call 

11  the roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 51.

14               ACTING PRESIDENT MARTINS:   The 

15  bill is passed.

16               THE SECRETARY:   Calendar Number 

17  70, by Senator Grisanti, Senate Print 3497A, an 

18  act to amend the General Business Law.

19               ACTING PRESIDENT MARTINS:   Read 

20  the last section.

21               THE SECRETARY:   Section 5.  This 

22  act shall take effect on the 180th day.

23               ACTING PRESIDENT MARTINS:   Call 

24  the roll.

25               (The Secretary called the roll.)

                                                               3028

 1               THE SECRETARY:   Ayes, 51.

 2               ACTING PRESIDENT MARTINS:   The 

 3  bill is passed.

 4               THE SECRETARY:   Calendar Number 

 5  138, by Senator DeFrancisco, Senate Print 2903C, 

 6  an act to amend the Navigation Law.

 7               ACTING PRESIDENT MARTINS:   Read 

 8  the last section.

 9               THE SECRETARY:   Section 2.  This 

10  act shall take effect on the 60th day.

11               ACTING PRESIDENT MARTINS:   Call 

12  the roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 51.

15               ACTING PRESIDENT MARTINS:   The 

16  bill is passed.

17               THE SECRETARY:   Calendar Number 

18  212, by Senator Martins, Senate Print 4285B, an 

19  act to amend the General Municipal Law.

20               ACTING PRESIDENT MARTINS:   Read 

21  the last section.

22               THE SECRETARY:   Section 2.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT MARTINS:   Call 

25  the roll.

                                                               3029

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 51.

 3               ACTING PRESIDENT MARTINS:   The 

 4  bill is passed.

 5               THE SECRETARY:   Calendar Number 

 6  238, by Member of the Assembly Paulin, Assembly 

 7  Print Number 8414A, an act to amend the Public 

 8  Health Law.

 9               SENATOR LIBOUS:   Lay it aside for 

10  the day.

11               ACTING PRESIDENT MARTINS:   The 

12  bill is laid aside for the day.

13               THE SECRETARY:   Calendar Number 

14  358, by Senator Zeldin, Senate Print 5634E, an 

15  act to amend the General Municipal Law.

16               ACTING PRESIDENT MARTINS:   There 

17  is a home-rule message at the desk.

18               Read the last section.

19               THE SECRETARY:   Section 13.  This 

20  act shall take effect immediately.

21               ACTING PRESIDENT MARTINS:   Call 

22  the roll.

23               (The Secretary called the roll.)

24               THE SECRETARY:   Ayes, 50.  Nays, 

25  1.  Senator Ball recorded in the negative.

                                                               3030

 1               ACTING PRESIDENT MARTINS:   The 

 2  bill is passed.

 3               THE SECRETARY:   Calendar Number 

 4  361, by Senator Gallivan, Senate Print 6606, an 

 5  act to amend the Local Finance Law.

 6               ACTING PRESIDENT MARTINS:   There 

 7  is a home-rule message at the desk.

 8               Read the last section.

 9               THE SECRETARY:   Section 2.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT MARTINS:   Call 

12  the roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 50.  Nays, 

15  1.  Senator Ball recorded in the negative.

16               ACTING PRESIDENT MARTINS:   The 

17  bill is passed.

18               THE SECRETARY:   Calendar Number 

19  460, by Senator McDonald, Senate Print 4762A, an 

20  act to amend the Environmental Conservation Law.

21               ACTING PRESIDENT MARTINS:   Read 

22  the last section.

23               THE SECRETARY:   Section 4.  This 

24  act shall take effect immediately.

25               ACTING PRESIDENT MARTINS:   Call 

                                                               3031

 1  the roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 53.

 4               ACTING PRESIDENT MARTINS:   The 

 5  bill is passed.

 6               THE SECRETARY:   Calendar Number 

 7  546, by Senator Golden, Senate Print 2918, an act 

 8  to amend the Vehicle and Traffic Law.

 9               ACTING PRESIDENT MARTINS:   Read 

10  the last section.

11               THE SECRETARY:   Section 2.  This 

12  act shall take effect on the first of November.

13               ACTING PRESIDENT MARTINS:   Call 

14  the roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 52.  Nays, 

17  1.  Senator Montgomery recorded in the negative.

18               ACTING PRESIDENT MARTINS:   The 

19  bill is passed.

20               THE SECRETARY:   Calendar Number 

21  547, substituted earlier by Member of the 

22  Assembly Lavine, Assembly Print Number 3363, an 

23  act to amend the Vehicle and Traffic Law.

24               ACTING PRESIDENT MARTINS:   Read 

25  the last section.

                                                               3032

 1               THE SECRETARY:   Section 2.  This 

 2  act shall take effect on the 90th day.

 3               ACTING PRESIDENT MARTINS:   Call 

 4  the roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 53.

 7               ACTING PRESIDENT MARTINS:   The 

 8  bill is passed.

 9               THE SECRETARY:   Calendar Number 

10  575, by Senator Libous, Senate Print 1071B, an 

11  act to amend the State Finance Law.

12               ACTING PRESIDENT MARTINS:   Read 

13  the last section.

14               THE SECRETARY:   Section 5.  This 

15  act shall take effect immediately.

16               ACTING PRESIDENT MARTINS:   Call 

17  the roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 53.

20               ACTING PRESIDENT MARTINS:   The 

21  bill is passed.

22               THE SECRETARY:   Calendar Number 

23  643, by Senator Griffo, Senate Print 4194, an act 

24  to amend the Banking Law.

25               ACTING PRESIDENT MARTINS:   Read 

                                                               3033

 1  the last section.

 2               THE SECRETARY:   Section 4.  This 

 3  act shall take effect on the first of November.

 4               ACTING PRESIDENT MARTINS:   Call 

 5  the roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   In relation to 

 8  Calendar Number 643, those recorded in the 

 9  negative are Senators Hassell-Thompson, 

10  Montgomery, Parker, and Perkins.

11               Ayes, 49.  Nays, 4.

12               ACTING PRESIDENT MARTINS:   The 

13  bill is passed.

14               THE SECRETARY:   Calendar Number 

15  662, by Senator Grisanti, Senate Print 2409E, an 

16  act to amend the Agriculture and Markets Law.

17               ACTING PRESIDENT MARTINS:   Read 

18  the last section.

19               THE SECRETARY:   Section 2.  This 

20  act shall take effect on July 1, 2014.

21               ACTING PRESIDENT MARTINS:   Call 

22  the roll.

23               (The Secretary called the roll.)

24               THE SECRETARY:   Ayes, 55.

25               ACTING PRESIDENT MARTINS:   The 

                                                               3034

 1  bill is passed.

 2               THE SECRETARY:   Calendar Number 

 3  708, by Senator Ball, Senate Print 5296, an act 

 4  to amend the Penal Law.

 5               ACTING PRESIDENT MARTINS:   Read 

 6  the last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect on the first of November.

 9               ACTING PRESIDENT MARTINS:   Call 

10  the roll.

11               (The Secretary called the roll.)

12               THE SECRETARY:   Ayes, 55.

13               ACTING PRESIDENT MARTINS:   The 

14  bill is passed.

15               Senator Libous.

16               SENATOR LIBOUS:   Mr. President, at 

17  this time is there any further business at the 

18  desk?  

19               ACTING PRESIDENT MARTINS:   No, 

20  there is not.

21               SENATOR LIBOUS:   Mr. President, 

22  there being no further business, I move that we 

23  adjourn until Tuesday, May 22nd, at 3:00 p.m.

24               ACTING PRESIDENT MARTINS:   On 

25  motion, the Senate stands adjourned until 

                                                               3035

 1  Tuesday, May 22nd, at 3:00 p.m.

 2               (Whereupon, at 3:26 p.m., the Senate 

 3  adjourned.)

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