Regular Session - January 23, 2014

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 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 23, 2014

11                     11:34 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DAVID CARLUCCI, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


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

 2                ACTING PRESIDENT CARLUCCI:   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 CARLUCCI:   We have 

10   with us today the Reverend Peter G. Young, from 

11   Mother Teresa Community in Albany, to lead us in 

12   the invocation.

13                REVEREND YOUNG:   Thank you, 

14   Senator.

15                May we join and bow our heads in 

16   prayer.

17                In New York City, at George 

18   Washington's inauguration as President of the 

19   United States, he placed his hands on the Bible 

20   on April 30, 1789, to serve with integrity his 

21   nation.  

22                Our Senators are called to 

23   leadership as Your elected and dedicated public 

24   servants.  We bless them in Your name so that 

25   they can carry out their most important work here 


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 1   for the dignity of our New York State and their 

 2   citizens.  

 3                Amen.

 4                ACTING PRESIDENT CARLUCCI:   Reading 

 5   of the Journal.  

 6                The Secretary will read.

 7                THE SECRETARY:   In Senate, 

 8   Wednesday, January 22, the Senate met pursuant to 

 9   adjournment.  The Journal of Tuesday, January 21, 

10   was read and approved.  On motion, Senate 

11   adjourned.

12                ACTING PRESIDENT CARLUCCI:   Without 

13   objection, the Journal stands approved as read.

14                Presentation of petitions.

15                Messages from the Assembly.

16                Messages from the Governor.

17                Reports of standing committees.

18                Reports of select committees.

19                Communications and reports from 

20   state officers.

21                Motions and resolutions.

22                Senator LaValle.

23                SENATOR LaVALLE:   Mr. President, on 

24   behalf of Senator Ball I move that the following 

25   bills be discharged from their respective 


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 1   committees and be recommitted with instructions 

 2   to strike the enacting clause.  Those are Senate 

 3   Bill Numbers 2289 and 2573.

 4                ACTING PRESIDENT CARLUCCI:   So 

 5   ordered.

 6                Senator LaValle.

 7                SENATOR LaVALLE:   Mr. President, 

 8   I'd like to call an immediate meeting of the 

 9   Rules Committee.

10                ACTING PRESIDENT CARLUCCI:   There 

11   will be an immediate meeting of the 

12   Rules Committee in Room 332.  

13                Senator LaValle.

14                SENATOR LaVALLE:   Mr. President, 

15   may we please adopt the Resolution Calendar, with 

16   the exception of Resolutions 2963 and 2966.

17                ACTING PRESIDENT CARLUCCI:   All in 

18   favor of adopting the Resolution Calendar, with 

19   the exception of Resolutions 2963 and 2966, 

20   signify by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT CARLUCCI:    

23   Opposed, nay.

24                (No response.)

25                ACTING PRESIDENT CARLUCCI:   The 


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 1   Resolution Calendar is adopted.

 2                Senator LaValle.

 3                SENATOR LaVALLE:   Mr. President, 

 4   Senator Marchione would like to open for 

 5   cosponsorship Resolution 2895.  

 6                All the members can be put on that 

 7   resolution.  Those who do not want to be, please 

 8   notify the desk.

 9                I believe there is a resolution by 

10   Senator Espaillat, Senate Resolution 2963, that 

11   is at the desk.  And I ask that the title be read 

12   and ask for its immediate adoption.

13                ACTING PRESIDENT CARLUCCI:   Senator 

14   Marchione opens up Senate Resolution Number 2895 

15   for cosponsorship.  Those wishing not to be a 

16   cosponsor please notify the desk.  

17                The Secretary will read Resolution 

18   Number 2963.

19                THE SECRETARY:   Legislative 

20   Resolution Number 2963, memorializing Governor 

21   Andrew M. Cuomo to proclaim January 26, 2014, as 

22   the 201st Anniversary of Juan Pablo Duarte Day in 

23   the State of New York.

24                ACTING PRESIDENT CARLUCCI:   Senator 

25   Espaillat.


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 1                SENATOR ESPAILLAT:   Thank you, 

 2   Mr. President, for allowing me to speak on this 

 3   resolution.  

 4                As you know, every year a group of 

 5   New Yorkers of Dominican heritage, and others, 

 6   have traveled to Albany in celebration and 

 7   commemoration of Juan Pablo Duarte.  

 8   Unfortunately they could not do it yesterday 

 9   because of the snow, but I am here to speak on 

10   this resolution and say that we are happy that 

11   this body recognizes that 201st anniversary of 

12   Juan Pablo Duarte Day.  

13                Juan Pablo Duarte is the founding 

14   father of the Dominican Republic.  He traveled in 

15   his early years to New York City, where he stayed 

16   for a brief time on his way to Europe.  And he 

17   came back with many of the ideas of democracy 

18   that he saw abroad, including in the 

19   United States and Europe.  And when he went back 

20   to the Dominican Republic, he found it fit to 

21   create a new country and a new constitution.  

22                And we are here to celebrate -- 

23   January 26th is his 201st anniversary of birth.  

24   And we're happy that the Governor and this body, 

25   the Senate, will commemorate his legacy and his 


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 1   memory by declaring this day Juan Pablo Duarte 

 2   Day.  

 3                So thank you so much, Mr. President, 

 4   for allowing me for speak on this resolution.

 5                ACTING PRESIDENT CARLUCCI:   Thank 

 6   you, Senator Espaillat.  

 7                The question is on the resolution.  

 8   All in favor signify by saying aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT CARLUCCI:    

11   Opposed, nay.

12                (No response.)

13                ACTING PRESIDENT CARLUCCI:   The 

14   resolution is adopted.

15                Senator Hannon.

16                SENATOR HANNON:   Mr. President, I 

17   believe there's a resolution by Senator Kennedy, 

18   Number 2966, at the desk.  I ask that the title 

19   be read and ask for its immediate adoption.

20                ACTING PRESIDENT CARLUCCI:   The 

21   Secretary will read.

22                THE SECRETARY:   Legislative 

23   Resolution Number 2966, mourning the death of 

24   Richard Byron, successful businessman and 

25   influential community leader.


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 1                ACTING PRESIDENT CARLUCCI:   Senator 

 2   Kennedy.

 3                SENATOR KENNEDY:   Thank you, 

 4   Mr. President.

 5                I rise today to honor a great 

 6   Western New Yorker who passed away over the 

 7   summer on July 8, 2013.  

 8                Richard Byron, a businessman and 

 9   influential community leader, was born in Buffalo 

10   89 years ago.  He attended Bennett High School 

11   and proudly served our country in an engineering 

12   battalion during World War II.  

13                Richard attained the rank of master 

14   sergeant and was awarded the Bronze Star for his 

15   service in the European Theater.  Upon completion 

16   of his military service, Richard attended 

17   Rensselaer Polytechnic Institute.  

18                When he arrived back in Buffalo, 

19   Richard worked for the Republic Steel Corporation 

20   in the executive development program but left to 

21   take over his father's company, C.H. Byron, an 

22   industrial steel construction and painting 

23   contracting business.  

24                Richard Byron's work and his 

25   family's company helped shape Buffalo and the 


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 1   surrounding area.  One of their premier projects 

 2   is seen on Sundays as we cheer for New York's 

 3   only NFL team, and the team that we all in this 

 4   chamber cheer for, the Buffalo Bills.  Richard's 

 5   company was instrumental in helping to transform 

 6   a plot of land in Orchard Park into Rich Stadium, 

 7   now Ralph Wilson Stadium, the home of the Bills.  

 8                Although Richard is no longer with 

 9   us today, his spirit of humanity lives on through 

10   his charitable work.  He was deeply involved with 

11   the Buffalo Audubon Society and was a founding 

12   leader of the Niagara Aerospace Museum.  For his 

13   work, in 2007 Richard was inducted into the 

14   Niagara Frontier Aviation and Space Hall of 

15   Fame.  

16                Richard Byron is the type of person 

17   Western New York is known for.  He worked hard, 

18   he cared about his family, he gave back to his 

19   community, he served others.  Buffalo is the 

20   City of Good Neighbors because of people like 

21   Richard Byron.  

22                We remember Mr. Byron, we thank him 

23   for all he did for our community, and we send our 

24   thoughts and prayers to his family.  

25                Thank you, Mr. President.


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 1                ACTING PRESIDENT CARLUCCI:   Thank 

 2   you, Senator Kennedy.  

 3                The question is on the resolution.  

 4   All in favor signify by saying aye.

 5                (Response of "Aye.")

 6                ACTING PRESIDENT CARLUCCI:    

 7   Opposed, nay.

 8                (No response.)

 9                ACTING PRESIDENT CARLUCCI:   The 

10   resolution is adopted.

11                Senator Hannon.

12                SENATOR HANNON:   Mr. President, 

13   could we stand at ease for a moment until we've 

14   had a report from the Rules Committee.

15                ACTING PRESIDENT CARLUCCI:   The 

16   Senate will stand at ease.

17                (Whereupon, the Senate stood at ease 

18   at 11:43 a.m.)

19                (Whereupon, the Senate reconvened at 

20   11:54 a.m.)

21                ACTING PRESIDENT CARLUCCI:   Senator 

22   LaValle.

23                SENATOR LaVALLE:   Mr. President, 

24   may we return to reports of standing committees.  

25   I believe there is a report of the Rules 


                                                               182

 1   Committee at the desk.

 2                ACTING PRESIDENT CARLUCCI:   Reports 

 3   of standing committees.  

 4                The Secretary will read the report 

 5   of the Rules Committee.

 6                THE SECRETARY:   Senator Skelos, 

 7   from the Committee on Rules, reports the 

 8   following bills: 

 9                Senate Print 6296, by the Committee 

10   on Rules, an act to amend the Tax Law and 

11   Chapter 200 of the Laws of 2002; 

12                Senate 6335, by Senator Ball, an act 

13   to amend Chapter 557 of the Laws of 2013;

14                Senate 6345, by Senator Valesky, an 

15   act to amend the Canal Law; 

16                And Senate 6346, by Senator Golden, 

17   an act to amend the Penal Law.

18                All bills reported direct to third 

19   reading.

20                ACTING PRESIDENT CARLUCCI:   Senator 

21   LaValle.

22                SENATOR LaVALLE:   Mr. President, I 

23   move to accept the report of the Rules Committee.

24                ACTING PRESIDENT CARLUCCI:   All in 

25   favor of accepting the report of the Rules 


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 1   Committee signify by saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT CARLUCCI:    

 4   Opposed, nay.

 5                (No response.)

 6                ACTING PRESIDENT CARLUCCI:   The 

 7   Rules Committee report is accepted.

 8                Senator LaValle.

 9                SENATOR LaVALLE:   Mr. President, 

10   we're just waiting to make sure all the members 

11   have the report at their desk.  

12                Mr. President, may we please have 

13   the noncontroversial reading of Calendar Number 

14   51 on Supplemental Calendar 4A.

15                ACTING PRESIDENT CARLUCCI:   The 

16   Secretary will read the substitution.  

17                THE SECRETARY:   Senator Skelos 

18   moves to discharge, from the Committee on Rules, 

19   Assembly Bill Number 7949B and substitute it for 

20   the identical Senate Bill Number 6296, Third 

21   Reading Calendar 51.

22                ACTING PRESIDENT CARLUCCI:    

23   Substitution so ordered.

24                The Secretary will read.

25                THE SECRETARY:   Calendar Number 51, 


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 1   by Member of the Assembly Cahill, Assembly Print 

 2   7949B, an act to amend the Tax Law and 

 3   Chapter 200 of the Laws of 2002.

 4                ACTING PRESIDENT CARLUCCI:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT CARLUCCI:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT CARLUCCI:   Senator 

12   Larkin to explain his vote.

13                SENATOR LARKIN:   Mr. President, I'd 

14   like to explain my vote.

15                You know, this bill has been laying 

16   around for eight months.  We in this house passed 

17   it.  It's similar to 56 other bills we passed.  

18   But something's got in the way of this bill, to 

19   the detriment of the people who live in Ulster 

20   County and pay taxes in Ulster County.  

21                Already they've lost a month and a 

22   half of collectable taxes.  If this isn't 

23   completed by 4 o'clock today, they'll lose 

24   another two months.  Shame on us.  

25                There was an article in the paper 


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 1   that called us, over this, jerks.  And that's 

 2   exactly what we are.  Not in this house.  We did 

 3   our homework, we passed it because it was the 

 4   right thing to do.  But when we put something in 

 5   a bill that says this is what you'll do with that 

 6   money, that detracts from the business we always 

 7   say we want to eliminate mandates.  So if we're 

 8   going to in the future dictate something in a 

 9   bill, then I think we have a responsibility to 

10   come up with the check to cover it.  

11                I want to thank everybody who stayed 

12   alongside of us and kept it going as it should 

13   have.  We in this chamber put the people of 

14   Ulster County before politics.  In the other 

15   house they made it an issue.  

16                This will be an issue in that county 

17   because it's throwing people apart, people that 

18   before worked together, tried to help one 

19   another.  And now it's got a legislative body 

20   that is all upset.  They've had to have three or 

21   four meetings.  Why?  Because we had somebody who 

22   wanted to be the big chief.

23                I thank everybody for sticking by.  

24   I said it before and I'll say it again, because 

25   we did what was right.  And we should be proud of 


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 1   our actions.  Shame on those who tried to make a 

 2   mountain out of a molehill.

 3                ACTING PRESIDENT CARLUCCI:   Senator 

 4   Larkin to be recorded in the affirmative.

 5                Announce the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar Number 51, those recorded in the 

 8   negative are Senators Ball, Gipson, Squadron and 

 9   Zeldin.  

10                Ayes, 55.  Nays, 4.

11                ACTING PRESIDENT CARLUCCI:   The 

12   bill is passed.

13                Senator LaValle.

14                SENATOR LaVALLE:   Mr. President, 

15   may we please have the noncontroversial reading 

16   of the regular calendar, beginning with Calendar 

17   Number 15.

18                ACTING PRESIDENT CARLUCCI:   The 

19   Secretary will read.

20                THE SECRETARY:   Calendar Number 15, 

21   by Senator Robach, Senate Print 6252, an act to 

22   amend the Insurance Law.

23                ACTING PRESIDENT CARLUCCI:   Read 

24   the last section.

25                THE SECRETARY:   Section 3.  This 


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 1   act shall take effect immediately.

 2                ACTING PRESIDENT CARLUCCI:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT CARLUCCI:    

 6   Announce the result.

 7                THE SECRETARY:   Ayes, 59.

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 16, 

11   by Senator Flanagan, Senate Print 6253, an act to 

12   amend the Civil Service Law.

13                ACTING PRESIDENT CARLUCCI:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT CARLUCCI:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT CARLUCCI:    

21   Announce the result.

22                THE SECRETARY:   Ayes, 59.

23                ACTING PRESIDENT CARLUCCI:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 17, 


                                                               188

 1   by Senator Boyle, Senate Print 6288, an act to 

 2   amend the Mental Hygiene Law.

 3                ACTING PRESIDENT CARLUCCI:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the same date and in the 

 7   same manner as Chapter 507 of the Laws of 2013.

 8                ACTING PRESIDENT CARLUCCI:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT CARLUCCI:    

12   Announce the result.

13                THE SECRETARY:   Ayes, 59.

14                ACTING PRESIDENT CARLUCCI:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 18, 

17   by Senator LaValle, Senate Print 6300, an act to 

18   amend Chapter 486 of the Laws of 2013.

19                ACTING PRESIDENT CARLUCCI:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT CARLUCCI:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               189

 1                ACTING PRESIDENT CARLUCCI:    

 2   Announce the result.

 3                THE SECRETARY:   Ayes, 59.

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 19, 

 7   by Senator Valesky, Senate Print 6301, an act to 

 8   amend the Economic Development Law.

 9                ACTING PRESIDENT CARLUCCI:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT CARLUCCI:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT CARLUCCI:   Senator 

17   Sanders to explain his vote.

18                SENATOR SANDERS:   Thank you, 

19   Mr. President.

20                I am against this particular bill, 

21   not because the idea is not meritorious; it's a 

22   very good idea to give us more tools so we can 

23   understand this.  But I'm against it because the 

24   date change does not help us.

25                To change a date where this material 


                                                               190

 1   is necessary for us to June is when we're out of 

 2   session.  If it were in February or states in 

 3   February, we'd have a chance to see what is going 

 4   wrong with an agency.  In June you're closing the 

 5   door after the horse is gone rather than knowing 

 6   in advance.  So that's why I'm going to vote no 

 7   on this one.  

 8                Thank you.  

 9                ACTING PRESIDENT CARLUCCI:   Thank 

10   you, Senator Sanders.

11                Announce the result.

12                THE SECRETARY:   In relation to 

13   Calendar Number 19, those recorded in the 

14   negative are Senators Hassell-Thompson, Krueger 

15   and Sanders.

16                Ayes, 56.  Nays, 3.

17                ACTING PRESIDENT CARLUCCI:   The 

18   bill is passed.

19                Senator LaValle, that completes the 

20   noncontroversial reading of the calendar.

21                SENATOR LaVALLE:   Is there any 

22   other business at the desk?  

23                ACTING PRESIDENT CARLUCCI:   The 

24   desk is clear.

25                SENATOR LaVALLE:   Mr. President, in 


                                                               191

 1   consultation with Senator Stewart-Cousins, 

 2   Senator Skelos, Senator Klein, we'll be handing 

 3   up the following Democrat Conference committee 

 4   assignments.

 5                ACTING PRESIDENT CARLUCCI:   So 

 6   ordered.  To be filed with the Journal.

 7                SENATOR LaVALLE:   Mr. President, 

 8   there being no further business, I move we 

 9   adjourn until Monday, January 27th, at 3:00 p.m., 

10   intervening days being legislative days.

11                ACTING PRESIDENT CARLUCCI:   On 

12   motion, the Senate stands adjourned until Monday, 

13   January 27th, at 3:00 p.m., intervening days 

14   being legislative days.

15                (Whereupon, at 12:03 a.m., the 

16   Senate adjourned.)

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