Regular Session - February 27, 2013

                                                                   596

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                 February 27, 2013

11                     3:09 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               597

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.

 4                I ask all present to please rise 

 5   and recite with me the Pledge of Allegiance to 

 6   the Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   With us 

10   today to give the invocation is Bishop Julius 

11   Abiola, of Christ Life Ministries in Brooklyn.

12                Bishop Abiola.

13                BISHOP ABIOLA:   Thank you, 

14   Senator.  

15                Almighty God, unto Whom all hearts 

16   are open, all desires known, from Whom no 

17   secrets are hid and from Whom all blessings 

18   flow, we come before You today and we thank You 

19   for the blessings that You have given unto us, 

20   especially that You have given unto these 

21   honorable men and women of our Senate of the 

22   greatest state in the union.  

23                Cleanse our thoughts, O God, and 

24   every thought of our hearts by the inspiration 

25   of the Holy Spirit, that we may perfectly love 


                                                               598

 1   You and worthily magnify Your holy name.  

 2                Bless our differences and us, and 

 3   under God our courage to stand together in the 

 4   fear and reverence of You as we fulfill our 

 5   civic responsibilities.  

 6                Our Father, maker of heaven and 

 7   earth, possessor of the whole universe, as we 

 8   gather in Your glorious presence we pray that 

 9   You make us worthy to stand before You with a 

10   clear conscience that is void of offense, 

11   through the sacrifice of Your son Jesus Christ, 

12   in whose name we pray.  

13                Amen.

14                ACTING PRESIDENT GRIFFO:   Thank 

15   you, Bishop Abiola.  

16                The reading of the Journal.

17                THE SECRETARY:   In Senate, 

18   Tuesday, February 26th, the Senate met pursuant 

19   to adjournment.  The Journal of Monday, 

20   February 25th, was read and approved.  On 

21   motion, Senate adjourned.

22                ACTING PRESIDENT GRIFFO:   Without 

23   objection, the Journal stands approved as read.

24                Presentation of petitions.

25                Messages from the Assembly.


                                                               599

 1                The Secretary will read.

 2                THE SECRETARY:   On page 10, 

 3   Senator Maziarz moves to discharge, from the 

 4   Committee on Energy and Telecommunications, 

 5   Assembly Bill Number 1887 and substitute it for 

 6   the identical Senate Bill Number 2340, 

 7   Third Reading Calendar 25.

 8                ACTING PRESIDENT GRIFFO:    

 9   Substitution so ordered.

10                THE SECRETARY:   On page 10, 

11   Senator Griffo moves to discharge, from the 

12   Committee on Corporations, Authorities and 

13   Commissions, Assembly Bill Number 2295, and 

14   substitute it for the identical Senate Bill 

15   Number 2154, Third Reading Calendar 30.

16                ACTING PRESIDENT GRIFFO:    

17   Substitution so ordered.

18                THE SECRETARY:   On page 10, 

19   Senator LaValle moves to discharge, from the 

20   Committee on Corporations, Authorities and 

21   Commissions, Assembly Bill Number 1052 and 

22   substitute it for the identical Senate Bill 

23   Number 2898, Third Reading Calendar 31.  

24                ACTING PRESIDENT GRIFFO:    

25   Substitution so ordered.


                                                               600

 1                THE SECRETARY:   On page 11, 

 2   Senator O'Mara moves to discharge, from the 

 3   Committee on Investigations and Government 

 4   Operations, Assembly Bill Number 914 and 

 5   substitute it for the identical Senate Bill 

 6   Number 2859, Third Reading Calendar 40.

 7                ACTING PRESIDENT GRIFFO:    

 8   Substitution so ordered.

 9                THE SECRETARY:   On page 11, 

10   Senator Ball moves to discharge, from the 

11   Committee on Investigations and Government 

12   Operations, Assembly Bill Number 1833 and 

13   substitute it for the identical Senate Bill 

14   Number 2907, Third Reading Calendar 41.

15                ACTING PRESIDENT GRIFFO:    

16   Substitution so ordered.

17                THE SECRETARY:   And on page 12, 

18   Senator Skelos moves to discharge, from the 

19   Committee on Health, Assembly Bill Number 2087 

20   and substitute it for the identical Senate Bill 

21   Number 2889A, Third Reading Calendar 51.

22                ACTING PRESIDENT GRIFFO:    

23   Substitution so ordered.

24                That completes the messages from the 

25   Assembly.


                                                               601

 1                Messages from the Governor.

 2                Reports of standing committees.

 3                Reports of select committees.

 4                Communications and reports from 

 5   state officers.

 6                Motions and resolutions.

 7                Senator Libous.

 8                SENATOR LIBOUS:   Mr. President, if 

 9   you would call on Senator Gianaris, I believe he 

10   has a motion.

11                ACTING PRESIDENT GRIFFO:   Can I 

12   have some order in the chamber, please.

13                Senator Gianaris.

14                SENATOR GIANARIS:   Thank you, 

15   Mr. President.  

16                On behalf of Senator O'Brien, I move 

17   that the following bill be discharged from its 

18   respective committee and be recommitted with 

19   instructions to strike the enacting clause:  

20   Senate Bill 3511.

21                ACTING PRESIDENT GRIFFO:   So 

22   ordered.

23                Senator Libous.

24                SENATOR LIBOUS:   Thank you, 

25   Mr. President.


                                                               602

 1                On behalf of Senator Little, I move 

 2   that the following bill be discharged from its 

 3   respective committee and be recommitted with 

 4   instructions to strike the enacting clause.  That 

 5   would be Senate 3113, please.

 6                ACTING PRESIDENT GRIFFO:   So 

 7   ordered.

 8                Senator Libous.

 9                SENATOR LIBOUS:   Mr. President, 

10   there's a privileged resolution at the desk.  May 

11   we have the title read and move for its adoption.

12                ACTING PRESIDENT GRIFFO:   The 

13   Secretary will read.

14                THE SECRETARY:   Senate Resolution 

15   by Senators Skelos and Klein, establishing a 

16   Select Committee on Science, Technology, 

17   Incubation and Entrepreneurship.

18                ACTING PRESIDENT GRIFFO:   All in 

19   favor of the resolution signify by saying aye.

20                (Response of "Aye.")

21                ACTING PRESIDENT GRIFFO:   Opposed?  

22                (No response.)

23                ACTING PRESIDENT GRIFFO:   The 

24   resolution is adopted.

25                Senator Libous.


                                                               603

 1                SENATOR LIBOUS:   Thank you, 

 2   Mr. President.  

 3                May we now have the reading of the 

 4   noncontroversial calendar, please.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Calendar Number 12, 

 8   by Senator Dilan, Senate Print 392, an act to 

 9   amend the Highway Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 5.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 56.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 25, 

21   substituted earlier by Member of the Assembly 

22   Englebright, Assembly Print 1887, an act to amend 

23   the Tax Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               604

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 57.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 30, 

10   substituted earlier by Member of the Assembly 

11   Brindisi, Assembly Print 2295, an act to amend 

12   Chapter 503 of the Laws of 2012.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect on the same date as 

17   Chapter 503 of the Laws of 2012.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 57.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 31, 

25   substituted earlier by Member of the Assembly 


                                                               605

 1   Lupardo, Assembly Print Number 1052, an act to 

 2   amend the Business Corporation Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 57.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 35, 

14   by Senator LaValle, Senate Print 1762, an act to 

15   amend the Environmental Conservation Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 56.  Nays, 

24   1.  Senator Gipson recorded in the negative.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               606

 1   is passed.

 2                THE SECRETARY:   Calendar Number 37, 

 3   by Senator Young, Senate Print 2203, an act to 

 4   amend the Environmental Conservation Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 57.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 38, 

16   by Senator Marcellino, Senate Print 2524, an act 

17   to amend the Environmental Conservation Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 57.


                                                               607

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 40, 

 4   substituted earlier by Member of the Assembly 

 5   Lifton, Assembly Print 914, an act to amend the 

 6   Public Officers Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 57.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 41, 

18   substituted earlier by Member of the Assembly 

19   Skartados, Assembly Print 1833, an act to amend 

20   Chapter 430 of the Laws of 2012.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               608

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 56.  Nays, 

 4   1.  Senator Rivera recorded in the negative.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 43, 

 8   by Senator Larkin, Senate Print 271, an act to 

 9   remove.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the first of July.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 57.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 45, 

21   by Senator Marcellino, Senate Print 1526, an act 

22   to amend the Real Property Tax Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               609

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 57.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 46, 

 9   by Senator LaValle, Senate Print 1759, an act in 

10   relation in including the trustees.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 57.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 51, 

22   substituted earlier by Member of the Assembly 

23   Lavine, Assembly Print 2087, an act to amend the 

24   Public Health Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               610

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 57.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                Senator Libous, that completes the 

11   noncontroversial reading of the calendar.

12                SENATOR LIBOUS:   Thank you, 

13   Mr. President.  

14                At this time, in consultation with 

15   Senator Stewart-Cousins, Senator Klein, 

16   Senator Skelos, I'd like to hand up the following 

17   Democratic Conference assignments and committee 

18   assignments.

19                ACTING PRESIDENT GRIFFO:   They are 

20   received and filed.

21                SENATOR LIBOUS:   Thank you, 

22   Mr. President.

23                And, Mr. President, on behalf of 

24   Senator Klein and Senator Skelos, I hand up the 

25   following committee assignments and ask that such 


                                                               611

 1   assignments be filed in the Journal, please.

 2                ACTING PRESIDENT GRIFFO:   Also 

 3   received and filed.

 4                SENATOR LIBOUS:   Mr. President, at 

 5   this time is there any further business at the 

 6   desk?

 7                ACTING PRESIDENT GRIFFO:   There is 

 8   no further business before the desk.

 9                SENATOR LIBOUS:   There being no 

10   further business, I move that the Senate adjourn 

11   until Thursday, February 28th, at 11:00 a.m.

12                ACTING PRESIDENT GRIFFO:   Upon 

13   motion, the Senate stands adjourned until 

14   Thursday, February 28, at 11:00 a.m. 

15                Senate adjourned.

16                (Whereupon, at 3:19 p.m., the Senate 

17   adjourned.)

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