Regular Session - March 21, 2013

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 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 21, 2013

11                     11:30 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOHN J. BONACIC, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

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25  


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

 2                ACTING PRESIDENT BONACIC:   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 recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT BONACIC:   We are 

10   joined today by Reverend Dennis Campbell, of 

11   United Community Baptist Church in Brooklyn.  

12                Reverend.  

13                REVEREND CAMPBELL:   I am honored 

14   and delighted to be here and to be asked to give 

15   the invocation.  

16                I just want to say thanks to 

17   Senator Kevin Parker of the 21st District, where 

18   United Community Baptist Church is located.  

19                It is in this spirit that I greet 

20   all who are here today.  Let us pray.

21                Almighty and Ever-Living God, in 

22   whom we live and move and have our being, we bow 

23   humbly before You this morning.  We give You 

24   thanks, O Lord, for Your goodness at all times 

25   and in all places.  


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 1                Open our eyes that we may behold 

 2   Your Fatherly presence about us.  Draw our 

 3   hearts unto You with the power of Your love.  

 4   Teach us, O God our Father, to be anxious for 

 5   nothing.  

 6                And when we have done all that 

 7   You've asked us to do, help us to leave the 

 8   issue to Your infinite wisdom.  We acknowledge 

 9   that You are the only one who can rightly lead 

10   and guide Your people.  

11                We pray, Holy Father, for Your 

12   blessings upon these assembled in this chamber, 

13   especially for the men and women who have been 

14   given the awesome responsibility to conduct the 

15   affairs of this great state.  Grant them wisdom 

16   and strength that they may serve always with 

17   dignity, conviction, and humility.  

18                When in the execution of their 

19   duties they encounter difficult and challenging 

20   situations, help them, we pray, to hold onto 

21   their sense of perspective.  

22                Guide them, O Lord, we beseech You, 

23   with the power of Your spirit, and sustain them 

24   with the strength of Your divine grace, that 

25   they may overcome every obstacle that stands in 


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 1   the way of progress and remain steadfast in 

 2   their commitment to uphold the principles of 

 3   truth, justice, and liberty.

 4                Give them clarity of mind, strength 

 5   of purpose, and firmness of will as they seek to 

 6   carry out their individual and collective 

 7   responsibilities.  Help them in their 

 8   deliberation to be courteous and generous, brave 

 9   and able, dutiful and faithful.  

10                And, O Lord, may Your presence be 

11   with them, may Your spirit guide them, and may 

12   Your grace sustain them now and always.  

13                These mercies we ask in Your name 

14   and for Your glory.  Amen.

15                ACTING PRESIDENT BONACIC:   The 

16   reading of the Journal.

17                THE SECRETARY:   In Senate, 

18   Wednesday, March 20th, the Senate met pursuant 

19   to adjournment.  The Journal of Tuesday, 

20   March 19th, was read and approved.  On motion, 

21   Senate adjourned.

22                ACTING PRESIDENT BONACIC:   Without 

23   objection, the Journal stands approved as read.

24                Presentation of petitions.

25                Messages from the Assembly.


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 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:   Thank you, 

 9   Mr. President.  

10                At this time may we please adopt the 

11   Resolution Calendar.

12                ACTING PRESIDENT BONACIC:   All in 

13   favor of adopting the Resolution Calendar signify 

14   by saying aye.

15                (Response of "Aye.")

16                ACTING PRESIDENT BONACIC:   Opposed, 

17   nay.

18                (No response.)

19                ACTING PRESIDENT BONACIC:   The 

20   Resolution Calendar is adopted.

21                Senator Libous.

22                SENATOR LIBOUS:   Thank you, 

23   Mr. President.  

24                At this time could we have the 

25   reading of the noncontroversial calendar, please.


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 1                ACTING PRESIDENT BONACIC:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Calendar Number 49, 

 4   by Senator Fuschillo, Senate Print 773, an act to 

 5   amend the Public Health Law.

 6                ACTING PRESIDENT BONACIC:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT BONACIC:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BONACIC:   Announce 

14   the results.

15                THE SECRETARY:   In relation to 

16   Calendar Number 49, those recorded in the 

17   negative are Senators Avella, Espaillat, 

18   Gianaris, Hoylman, Krueger, Montgomery, Peralta, 

19   Perkins, Rivera, Sampson, Sanders, Serrano, 

20   Squadron and Stavisky.

21                Ayes, 46.  Nays, 14.

22                ACTING PRESIDENT BONACIC:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 52, 

25   by Senator Golden --


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 1                SENATOR LIBOUS:   Lay that bill 

 2   aside for the day, please.

 3                ACTING PRESIDENT BONACIC:   The bill 

 4   is laid aside for the day.

 5                THE SECRETARY:   Calendar Number 

 6   194, by Senator Golden, Senate Print 2098, an act 

 7   to amend the Penal Law.

 8                ACTING PRESIDENT BONACIC:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect on the first of November.

12                ACTING PRESIDENT BONACIC:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 60.

16                ACTING PRESIDENT BONACIC:   The bill 

17   is passed.

18                That completes the noncontroversial 

19   reading of the calendar.  

20                Senator Libous.

21                SENATOR LIBOUS:   Thank you, 

22   Mr. President.  

23                Mr. President, we have a hand-up.  

24   In consultation with Senator Skelos and 

25   Senator Klein, Senator Stewart-Cousins hands up 


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 1   the following information to the desk, please.

 2                ACTING PRESIDENT BONACIC:   Please 

 3   file what you received in the Journal.

 4                Is there any further business at the 

 5   desk?

 6                (Laughter.)

 7                ACTING PRESIDENT BONACIC:   Senator 

 8   Libous.

 9                SENATOR LIBOUS:   Thank you, 

10   Mr. President.  

11                Before I ask if there's any other 

12   business at the desk, I would ask, Mr. President, 

13   that you call on Senator Gianaris for the 

14   purposes of an announcement.

15                ACTING PRESIDENT BONACIC:   Senator 

16   DeGianaris.

17                (Laughter.)

18                SENATOR GIANARIS:   Thank you, 

19   Mr. President --

20                ACTING PRESIDENT BONACIC:   I always 

21   make you a DeGianaris, don't I?  I meant to say 

22   Senator Gianaris.

23                SENATOR GIANARIS:   Senator DeGriffo 

24   reminds me of that every so often.

25                (Laughter.)


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 1                SENATOR GIANARIS:   Mr. President, I 

 2   in turn will ask you to please call on 

 3   Senator Serrano for a conference announcement.

 4                ACTING PRESIDENT BONACIC:   Senator 

 5   Serrano.

 6                SENATOR SERRANO:   There will be an 

 7   immediate meeting of the Senate Democratic 

 8   Conference in Room 315.

 9                ACTING PRESIDENT BONACIC:    

10   Immediate meeting of the Senate Democratic 

11   Conference in Room 315.

12                Senator Libous.

13                SENATOR LIBOUS:   Mr. President, is 

14   there any further business at the desk?

15                ACTING PRESIDENT BONACIC:   There is 

16   no further business, Senator Libous.

17                SENATOR LIBOUS:   Thank you, 

18   Mr. President.

19                I would remind the Republican 

20   Conference members that they will have conference 

21   at 3:00 p.m. on Saturday, which will be the 23rd 

22   of March.  

23                And there being no further business, 

24   I move that we adjourn until Saturday, 

25   March 23rd, at 4:00 p.m., intervening days being 


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 1   legislative days.

 2                ACTING PRESIDENT BONACIC:   On 

 3   motion, the Senate stands adjourned until 

 4   Saturday, March 23rd, at 4:00 p.m., intervening 

 5   days being legislative days.

 6                (Whereupon, at 11:40 a.m., the 

 7   Senate adjourned.)

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