Regular Session - April 15, 2013
1688
1 NEW YORK STATE SENATE
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3
4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 April 15, 2013
11 3:34 p.m.
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13
14 REGULAR SESSION
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18 SENATOR DIANE SAVINO, Acting President
19 FRANCIS W. PATIENCE, Secretary
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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.)
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