Regular Session - April 15, 2013

                                                                   1688

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   April 15, 2013

11                     3:34 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DIANE SAVINO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               1689

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

 2                ACTING PRESIDENT SAVINO:   The 

 3   Senate will please come to order.  

 4                I ask all those present to please 

 5   rise with me for the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT SAVINO:   In the 

 9   absence of clergy, I ask everyone to please bow 

10   your heads for a moment of silence.

11                (Whereupon, the assemblage 

12   respected a moment of silence.)

13                ACTING PRESIDENT SAVINO:   Reading 

14   of the Journal.

15                THE SECRETARY:   In Senate, Friday, 

16   April 12th, the Senate met pursuant to 

17   adjournment.  The Journal of Thursday, 

18   April 11th, was read and approved.  On motion, 

19   Senate adjourned.

20                ACTING PRESIDENT SAVINO:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                Messages from the Governor.

25                Reports of standing committees.  


                                                               1690

 1                Reports of select committees.  

 2                Communications and reports from 

 3   state officers.

 4                Motions and resolutions.

 5                Senator Libous.

 6                SENATOR LIBOUS:   Thank you, 

 7   Madam President.  

 8                Could we take a minute and let 

 9   everybody enter the chamber?  There's lots of 

10   noise coming in and out.  Because these 

11   motions are very important, I know that members 

12   will want to hear them.

13                Will the Sergeant-at-Arms close the 

14   doors, please.

15                (Pause.)

16                SENATOR LIBOUS:   Okay, 

17   Madam President, on behalf of Senator Zeldin, on 

18   page 13 I offer the following amendments to 

19   Calendar Number 212, Senate Print 2926, and ask 

20   that said bill retain its place on the Third 

21   Reading Calendar.

22                ACTING PRESIDENT SAVINO:   The bill 

23   is amended and will retain its place on the 

24   Third Reading Calendar.

25                SENATOR LIBOUS:   Thank you, 


                                                               1691

 1   Madam President.  

 2                Again on behalf of Senator Zeldin, 

 3   on page 13 I offer the following amendments to 

 4   Calendar Number 213, Senate Print 2927, and ask 

 5   that said bill retain its place on the Third 

 6   Reading Calendar.

 7                ACTING PRESIDENT SAVINO:   The bill 

 8   will be amended and will retain its place on the 

 9   Third Reading Calendar.

10                SENATOR LIBOUS:   And on behalf, 

11   Madam President, of Senator Fuschillo, on 

12   page 16 I offer the following amendments to 

13   Calendar Number 244, Senate Print 754, and ask 

14   that said bill retain its place on the Third 

15   Reading Calendar.

16                ACTING PRESIDENT SAVINO:   The bill 

17   is amended and will retain its place on the 

18   Third Reading Calendar.

19                SENATOR LIBOUS:   And, Madam 

20   President, on behalf of Senator Griffo, I move 

21   that the following bill be discharged from its 

22   respective committee and be recommitted with 

23   instructions to strike the enacting clause:  

24   3918 would be the Senate Print.

25                ACTING PRESIDENT SAVINO:   So 


                                                               1692

 1   ordered.

 2                SENATOR LIBOUS:   And I have two 

 3   more, Madam President.  

 4                On behalf of Senator DeFrancisco, I 

 5   move that the following bill be discharged from 

 6   its respective committee and be recommitted with 

 7   instructions to strike the enacting clause, and 

 8   that would be Senate Print 4098.

 9                ACTING PRESIDENT SAVINO:   So 

10   ordered.

11                SENATOR LIBOUS:   And one more, 

12   Madam President.  

13                On behalf of Senator Seward, I move 

14   that the following bill be discharged from its 

15   respective committee and be recommitted with 

16   instructions to strike the enacting clause.  And 

17   that would be Senate Print 4476.

18                ACTING PRESIDENT SAVINO:   So 

19   ordered.

20                Senator Libous.

21                SENATOR LIBOUS:   Madam President, 

22   at this time could we have the reading of the 

23   noncontroversial calendar.

24                ACTING PRESIDENT SAVINO:   The 

25   Secretary will read.


                                                               1693

 1                THE SECRETARY:   Calendar Number 44, 

 2   by Senator Martins, Senate Print 986, an act in 

 3   relation to authorizing.

 4                ACTING PRESIDENT SAVINO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT SAVINO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT SAVINO:   Announce 

12   the results.

13                THE SECRETARY:   Ayes, 54.

14                ACTING PRESIDENT SAVINO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 82, 

17   by Senator Valesky, Senate Print 2158, an act to 

18   amend the State Administrative Procedure Act.

19                ACTING PRESIDENT SAVINO:   Read the 

20   last section.

21                THE SECRETARY:   Section 8.  This 

22   act shall take effect on the first of January.

23                ACTING PRESIDENT SAVINO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               1694

 1                ACTING PRESIDENT SAVINO:   Announce 

 2   the results.

 3                THE SECRETARY:   Ayes, 54.

 4                ACTING PRESIDENT SAVINO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 91, 

 7   by Senator LaValle, Senate Print 347, an act to 

 8   amend the Real Property Actions and Proceedings 

 9   Law.

10                ACTING PRESIDENT SAVINO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the 30th day.

14                ACTING PRESIDENT SAVINO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT SAVINO:   Announce 

18   the results.

19                THE SECRETARY:   Ayes, 54.

20                ACTING PRESIDENT SAVINO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   145, by Senator Seward, Senate Print 3065, an act 

24   to amend the Insurance Law.

25                ACTING PRESIDENT SAVINO:   Read the 


                                                               1695

 1   last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect on the 180th day.

 4                ACTING PRESIDENT SAVINO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT SAVINO:   Announce 

 8   the results.

 9                THE SECRETARY:   Ayes, 55.  Nays, 

10   1.  Senator Krueger recorded in the negative.

11                ACTING PRESIDENT SAVINO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   177, by Senator Little, Senate Print 1361, an act 

15   to amend the Agriculture and Markets Law.

16                ACTING PRESIDENT SAVINO:   Read the 

17   last section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT SAVINO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT SAVINO:   Announce 

24   the results.

25                THE SECRETARY:   In relation to 


                                                               1696

 1   Calendar 177, those recorded in the negative are 

 2   Senators Addabbo, Avella, Breslin, Dilan, 

 3   Gianaris, Hoylman, Kennedy, Krueger, Peralta, 

 4   Perkins, Rivera, Sampson, Sanders, Savino, 

 5   Serrano, Squadron, Stavisky, Stewart-Cousins and 

 6   Tkaczyk.  Also Senator Diaz.  Also Senator 

 7   Espaillat.

 8                Ayes, 35.  Nays, 21.

 9                ACTING PRESIDENT SAVINO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   180, by Senator Valesky, Senate Print 2170, an 

13   act to amend the Environmental Conservation Law.

14                ACTING PRESIDENT SAVINO:   Read the 

15   last section.

16                THE SECRETARY:   Section 4.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT SAVINO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT SAVINO:   Announce 

22   the results.

23                THE SECRETARY:   In relation to 

24   Calendar Number 180, those recorded in the 

25   negative are Senators Boyle, Hoylman, Krueger, 


                                                               1697

 1   LaValle and Serrano.  

 2                Ayes, 51.  Nays, 5.

 3                ACTING PRESIDENT SAVINO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   236, by Senator Zeldin, Senate Print 3816, an act 

 7   to amend Chapter 719 of the Laws of 1982.

 8                ACTING PRESIDENT SAVINO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT SAVINO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT SAVINO:   Announce 

16   the results.

17                THE SECRETARY:   Ayes, 56.

18                ACTING PRESIDENT SAVINO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   248, by Senator Larkin, Senate Print 2790, an act 

22   to amend the Highway Law.

23                ACTING PRESIDENT SAVINO:   Read the 

24   last section.

25                THE SECRETARY:   Section 3.  This 


                                                               1698

 1   act shall take effect immediately.

 2                ACTING PRESIDENT SAVINO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT SAVINO:   Announce 

 6   the results.

 7                THE SECRETARY:   Ayes, 56.

 8                ACTING PRESIDENT SAVINO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   254, by Senator Marcellino, Senate Print 1513, an 

12   act to amend the Criminal Procedure Law.

13                ACTING PRESIDENT SAVINO:   Read the 

14   last section.

15                THE SECRETARY:   Section 4.  This 

16   act shall take effect on the 30th day.

17                ACTING PRESIDENT SAVINO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT SAVINO:   Announce 

21   the results.

22                THE SECRETARY:   Ayes, 56.

23                ACTING PRESIDENT SAVINO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               1699

 1   267, by Senator Griffo, Senate Print 2233, an act 

 2   to amend the State Technology Law.

 3                ACTING PRESIDENT SAVINO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 5.  This 

 6   act shall take effect on the 120th day.

 7                ACTING PRESIDENT SAVINO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT SAVINO:   Announce 

11   the results.

12                THE SECRETARY:   Ayes, 56.

13                ACTING PRESIDENT SAVINO:   The bill 

14   is passed.

15                Senator Libous, that completes the 

16   reading of the noncontroversial calendar.

17                SENATOR LIBOUS:   Thank you, 

18   Madam President.

19                Madam President, Senator Klein and 

20   Senator Skelos hand up the following committee 

21   changes and ask that such changes be filed in the 

22   Journal.

23                ACTING PRESIDENT SAVINO:   So 

24   ordered.

25                SENATOR GIANARIS:   Point of order, 


                                                               1700

 1   Madam President.

 2                ACTING PRESIDENT SAVINO:   Senator 

 3   Gianaris, why do you rise?

 4                SENATOR GIANARIS:   According to 

 5   Rule 8 of the Senate Rules, the committee 

 6   membership throughout the Senate is very strictly 

 7   defined by a percentage of the Majority Coalition 

 8   members as well as Democratic Conference 

 9   members.  

10                I believe the hand-up that was 

11   provided to you lowers the percentage of this 

12   body that belongs to the Majority Coalition from 

13   57 percent to 56 percent.  And as we read the 

14   rules, that means that the Banks, Insurance, 

15   Labor and Rules Committees are currently 

16   overpopulated with Majority Coalition members.  

17                And I would ask for an 

18   interpretation of the rules and advisement on how 

19   to proceed.

20                ACTING PRESIDENT SAVINO:   One will 

21   be forthcoming in a moment.  

22                SENATOR LIBOUS:   Madam President.

23                ACTING PRESIDENT SAVINO:   Senator 

24   Libous.

25                SENATOR LIBOUS:   Madam President, 


                                                               1701

 1   maybe I can be helpful.

 2                We have made changes on committees 

 3   for years here in the Senate for various 

 4   reasons -- members pass on, people resign, people 

 5   want to be taken off committees, a whole host of 

 6   reasons.  And while I understand Senator 

 7   Gianaris's point about committee makeup and 

 8   membership, I don't believe that that is an issue 

 9   that needs to be addressed at this immediate 

10   session, as we are taking action on those 

11   committees that he did mention.  But that action 

12   could be addressed shortly thereafter.

13                SENATOR GIANARIS:   Madam President, 

14   I'd only ask that that issue is addressed before 

15   any of these committees actually meet so that we 

16   have it all in order before we take a committee 

17   vote that perhaps would be invalid because the 

18   membership is not in conformance with the rules.

19                SENATOR LIBOUS:   Madam President, 

20   I'm not sure that that conforms directly with the 

21   rules, but I would take what the Senator says 

22   under advisement.  I wouldn't guarantee or 

23   promise him anything.

24                SENATOR GIANARIS:   Thank you, 

25   Madam President.  


                                                               1702

 1                I reserve the right to the object if 

 2   any of these committees do in fact meet with an 

 3   incorrect number of members.  

 4                I'll point out also that as opposed 

 5   to previous years, this is the first time that 

 6   I'm aware of that the Senate has ever been put in 

 7   a position where conferences have to hand up 

 8   membership lists.  And therefore we are in a 

 9   unique position where we now have membership on 

10   these committees that is not in accordance with 

11   the percentage of members that the Majority 

12   Coalition is entitled to.

13                SENATOR LIBOUS:   Madam President, 

14   if I could also address this.  

15                I believe the change is not striking 

16   a particular member in this case from the 

17   conference, but it is just making changes to the 

18   committee.  So the conference weighted vote has 

19   not changed.

20                SENATOR GIANARIS:   With respect, 

21   Madam President, I'm looking at one of the 

22   hand-ups that specifically removes Senator Smith 

23   as a member of the Independent Democratic 

24   Conference, not only in his committee 

25   assignments. 


                                                               1703

 1                SENATOR LIBOUS:   And I don't 

 2   believe that's been handed up yet.

 3                ACTING PRESIDENT SAVINO:   Senator 

 4   Gianaris must be clairvoyant.  It has not been 

 5   handed up as of yet.

 6                SENATOR GIANARIS:   I didn't type 

 7   this.  Somebody handed it to me as the hand-up 

 8   that was going to the desk, so ...

 9                ACTING PRESIDENT SAVINO:   Senator 

10   Diaz, why do you rise?

11                SENATOR DIAZ:   Point of 

12   information.  I don't know what you're talking 

13   about.  Would you please tell me --

14                (Laughter.)

15                SENATOR DIAZ:   Could you please 

16   tell me --

17                ACTING PRESIDENT SAVINO:   

18   Senator --

19                SENATOR DIAZ:   -- inform me what is 

20   it what you're talking about.  

21                ACTING PRESIDENT SAVINO:   Senator 

22   Diaz, your point of information is well taken 

23   because I don't know what we're talking about 

24   either.

25                SENATOR DIAZ:   You're talking about 


                                                               1704

 1   what is going around, including -- I don't 

 2   understand.  Tell me about it.  Talk to me about 

 3   it, please.

 4                SENATOR GIANARIS:   Madam President, 

 5   shall I explain?

 6                ACTING PRESIDENT SAVINO:   Go ahead.

 7                SENATOR GIANARIS:   Thank you.  

 8                SENATOR LIBOUS:   Madam President.

 9                ACTING PRESIDENT SAVINO:   Yes, 

10   Senator Libous.

11                SENATOR LIBOUS:   With all due 

12   respect to my colleague, his point of order, at 

13   least for right now, is not in order.  And I 

14   think we may address it shortly.

15                SENATOR GIANARIS:   (Inaudible.)

16                SENATOR LIBOUS:   I believe I said 

17   committees.

18                ACTING PRESIDENT SAVINO:   Yes, 

19   Senator Libous handed up the committee 

20   assignments, not the conference assignment.

21                SENATOR LIBOUS:   But the conference 

22   membership has not changed yet.

23                ACTING PRESIDENT SAVINO:   So would 

24   you like to withdraw your point of order and wait 

25   until it is more appropriate?  


                                                               1705

 1                SENATOR GIANARIS:   I will.  Thank 

 2   you, Madam President.

 3                ACTING PRESIDENT SAVINO:   Thank 

 4   you, Senator Gianaris.  

 5                So with respect to the hand-up of 

 6   committee assignments, so ordered.

 7                SENATOR LIBOUS:   Thank you.

 8                Madam President, is there any 

 9   further business at the desk?

10                (Laughter.)

11                ACTING PRESIDENT SAVINO:   There is 

12   no further business at the desk.

13                SENATOR LIBOUS:   Okay.  There may 

14   be, so just hold on one second.

15                ACTING PRESIDENT SAVINO:   There 

16   might be, but there isn't yet.

17                SENATOR LIBOUS:   Madam President, I 

18   am going to recommend that the Senate stand at 

19   ease.  And we will come back shortly.

20                ACTING PRESIDENT SAVINO:   The 

21   Senate will stand at ease.

22                (Whereupon, the Senate stood at ease 

23   at 3:50 p.m.)

24                (Whereupon, the Senate reconvened at 

25   4:10 p.m.)


                                                               1706

 1                ACTING PRESIDENT SAVINO:   The 

 2   Senate will come to order.

 3                Senator Libous.

 4                SENATOR LIBOUS:   Madam President, 

 5   would you call on Senator Valesky, please.

 6                ACTING PRESIDENT SAVINO:   Senator 

 7   Valesky.

 8                SENATOR VALESKY:   Madam President, 

 9   Senator Klein hands up the following IDC 

10   Conference membership changes and asks that such 

11   changes be filed in the Journal.

12                ACTING PRESIDENT SAVINO:   So 

13   ordered.

14                SENATOR GIANARIS:   Point of order, 

15   Madam President.

16                ACTING PRESIDENT SAVINO:   Senator 

17   Gianaris.

18                SENATOR GIANARIS:   I should just 

19   refer you back to the previous conversation.  

20                But it's my understanding, under 

21   Rule 8, that since the percentage of this body 

22   that is of the Majority Coalition has dropped 

23   from 57 percent to 56 percent, that there are at 

24   least four committees that are now overpopulated 

25   with Majority coalition members.  


                                                               1707

 1                And I would ask if either the 

 2   hand-up you just referenced or an additional 

 3   hand-up is forthcoming to remove a member from 

 4   each of the Banks, Insurance, Labor and 

 5   Rules Committees.

 6                ACTING PRESIDENT SAVINO:   Senator 

 7   Gianaris, your point is out of order.  

 8                The issues that you have raised will 

 9   be determined by the Majority Coalition in 

10   consultation with the Secretary of the Senate, as 

11   they always have been.

12                SENATOR GIANARIS:   Madam President, 

13   it is my understanding --

14                ACTING PRESIDENT SAVINO:   Senator 

15   Gianaris.

16                SENATOR GIANARIS:   It is my 

17   understanding that we are currently in violation 

18   of Senate Rule 8.  As we sit here, there has been 

19   a hand-up that has changed the percentage of this 

20   body that is of the Majority Coalition.  And I 

21   don't know how it could be out of order to --

22                SENATOR LIBOUS:   Madam President.

23                ACTING PRESIDENT SAVINO:   Yes, 

24   Senator Libous.

25                SENATOR LIBOUS:   Could I ask 


                                                               1708

 1   Senator Gianaris a question.

 2                ACTING PRESIDENT SAVINO:   Senator 

 3   Gianaris, do you yield?  

 4                SENATOR LIBOUS:   Senator Gianaris, 

 5   are you saying that the Democratic Conference is 

 6   picking up Senator Smith?  

 7                SENATOR GIANARIS:   No, sir.  

 8                What I am saying is that there has 

 9   been a hand-up to the desk that indicates that 

10   there is one fewer member of the Majority 

11   Coalition as we stand here at this moment, and 

12   the Senate Rules provide that the percentage of 

13   membership on the committees of the Senate be in 

14   accordance with the percentage of this body that 

15   is of the Majority Coalition.  And therefore 

16   there are four committees at least that are 

17   overpopulated with Majority Coalition members 

18   right now.

19                ACTING PRESIDENT SAVINO:   Senator 

20   Gianaris, I've already ruled your point out of 

21   order and stated that these are issues that have 

22   always been determined by consultation of the 

23   leader of the Senate -- the leaders, in this 

24   instance -- and the Secretary of the Senate.  

25                Are you going to appeal the ruling 


                                                               1709

 1   of the chair?  

 2                SENATOR GIANARIS:   No, 

 3   Madam President.  

 4                But I would like to reserve my right 

 5   to revisit this issue and object to the validity 

 6   of any votes taken by any of the aforementioned 

 7   committees because they are currently composed in 

 8   violation of the rules.  Which are adopted by 

 9   this entire body, not determined by the coalition 

10   leaders in conformity with the Secretary of the 

11   Senate.

12                So we're operating in violation of 

13   Senate Rule 8 as we speak.  I don't think it's 

14   within the power of the Secretary of the Senate 

15   to remedy that.  It is something that we have to 

16   address as a body, as we did when we adopted the 

17   rules in the first place.  

18                But I will continue to object as 

19   these committees do their business if they remain 

20   overpopulated.

21                ACTING PRESIDENT SAVINO:   Senator 

22   Gianaris, you reserve whatever rights are 

23   conferred upon you by the rules of the Senate, no 

24   more, no less.

25                Senator Libous.


                                                               1710

 1                SENATOR LIBOUS:   Thank you, 

 2   Madam President.  

 3                Is there any further business at the 

 4   desk?  

 5                ACTING PRESIDENT SAVINO:   There is 

 6   no further business at the desk.

 7                SENATOR LIBOUS:   That's good.

 8                (Laughter.)

 9                SENATOR LIBOUS:   There being no 

10   further business, I move that we adjourn until 

11   Tuesday, April 16th, at 3:00 p.m.

12                ACTING PRESIDENT SAVINO:   There 

13   being no further business before the Senate, we 

14   will stand adjourned until Tuesday, April 16th, 

15   at 3:00 p.m.

16                (Whereupon, at 4:14 p.m., the Senate 

17   adjourned.)

18

19

20

21

22

23

24

25