Regular Session - February 26, 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                 February 26, 2014

11                     3:41 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DAVID J. VALESKY, 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 VALESKY:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and recite with me the Pledge of Allegiance 

 6   to the Flag.  

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT VALESKY:   In the 

10   absence of clergy, may we please bow our heads in 

11   a moment of silence.

12                (Whereupon, the assemblage respected 

13   a moment of silence.)

14                ACTING PRESIDENT VALESKY:   The 

15   reading of the Journal.  

16                The Secretary will read.

17                THE SECRETARY:   In Senate, Tuesday, 

18   February 25th, the Senate met pursuant to 

19   adjournment.  The Journal of Monday, 

20   February 24th, was read and approved.  On motion, 

21   Senate adjourned.

22                ACTING PRESIDENT VALESKY:   Without 

23   objection, the Journal stands approved as read.

24                Presentation of petitions.

25                Messages from the Assembly.


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 1                The Secretary will read.

 2                THE SECRETARY:   On page 10, 

 3   Senator Savino moves to discharge, from the 

 4   Committee on Labor, Assembly Bill Number 8451 and 

 5   substitute it for the identical Senate Bill 

 6   Number 6336A, Third Reading Calendar 58.

 7                ACTING PRESIDENT VALESKY:    

 8   Substitution ordered.

 9                Messages from the Governor.

10                Reports of standing committees.

11                Reports of select committees.

12                Communications and reports from 

13   state officers.

14                Motions and resolutions.

15                Senator Libous.

16                SENATOR LIBOUS:   Thank you, 

17   Mr. President.  

18                Mr. President, on behalf of 

19   Senator Martins, on page 9 I offer the following 

20   amendments to Calendar Number 46, Senate Print 

21   6211, and ask that said bill retain its place on 

22   the Third Reading Calendar.

23                ACTING PRESIDENT VALESKY:   So 

24   ordered.

25                Senator Libous.  


                                                               393

 1                SENATOR LIBOUS:   Again on behalf of 

 2   Senator Martins, Mr. President, on page 9 I offer 

 3   the following amendments to Calendar Number 47, 

 4   Senate Print 6217, and ask that said bill retain 

 5   its place on the Third Reading Calendar.

 6                ACTING PRESIDENT VALESKY:   So 

 7   ordered.

 8                Senator Libous.  

 9                SENATOR LIBOUS:   And this is 

10   Senator Martins Day.  Again, on behalf of 

11   Senator Martins, on page 9 I offer the following 

12   amendments to Calendar Number 48, Senate Print 

13   6245, and ask that said bill retain its place on 

14   the Third Reading Calendar.

15                ACTING PRESIDENT VALESKY:   So 

16   ordered.

17                Senator Libous.  

18                SENATOR LIBOUS:   And on behalf of 

19   Senator Martins, on page 15 I offer the following 

20   amendments to Calendar Number 125, Senate Print 

21   6424, and ask that said bill retain its place on 

22   the Third Reading Calendar.

23                ACTING PRESIDENT VALESKY:   So 

24   ordered.

25                Senator Libous.  


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 1                SENATOR LIBOUS:   And Mr. President, 

 2   on behalf of Senator Seward, on page 15 I offer 

 3   the following amendments to Calendar Number 123, 

 4   Senate Print 6408, and ask that said bill retain 

 5   its place on the Third Reading Calendar.

 6                ACTING PRESIDENT VALESKY:   So 

 7   ordered.  

 8                Senator Libous.

 9                SENATOR LIBOUS:   Mr. President, at 

10   this point in time may we please have the reading 

11   of the noncontroversial calendar, please.

12                ACTING PRESIDENT VALESKY:   The 

13   Secretary will read.

14                THE SECRETARY:   Calendar Number 38, 

15   by Senator Bonacic, Senate Print 1884, an act to 

16   amend the Environmental Conservation Law.

17                ACTING PRESIDENT VALESKY:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the first of July.

21                ACTING PRESIDENT VALESKY:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT VALESKY:   Announce 

25   the results.


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 1                THE SECRETARY:   In relation to 

 2   Calendar Number 38, recorded in the negative are 

 3   Senators Espaillat, Hassell-Thompson, Hoylman, 

 4   Krueger, Marcellino, Perkins, Rivera, Serrano, 

 5   Squadron, Stavisky and Tkaczyk.

 6                Ayes, 45.  Nays, 11.

 7                ACTING PRESIDENT VALESKY:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 55, 

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

11   amend the Real Property Actions and Proceedings 

12   Law.

13                SENATOR GIANARIS:   Lay it aside.

14                ACTING PRESIDENT VALESKY:   The bill 

15   is laid aside.

16                The Secretary will continue to read.

17                THE SECRETARY:   Calendar Number 58, 

18   substituted earlier by Member of the Assembly 

19   Wright, Assembly Print 8451, an act to amend the 

20   Labor Law.

21                ACTING PRESIDENT VALESKY:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT VALESKY:   Call the 


                                                               396

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT VALESKY:   Announce 

 4   the results.

 5                THE SECRETARY:   Ayes, 56.

 6                ACTING PRESIDENT VALESKY:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 64, 

 9   by Senator Flanagan, Senate Print 2208, an act to 

10   amend the Public Authorities Law.

11                ACTING PRESIDENT VALESKY:   Read the 

12   last section.

13                THE SECRETARY:   Section 5.  This 

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

15   same manner as Chapter 500 of the Laws of 2012.

16                ACTING PRESIDENT VALESKY:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT VALESKY:   Announce 

20   the results.

21                THE SECRETARY:   Ayes, 56.

22                ACTING PRESIDENT VALESKY:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 89, 

25   by Senator Ball, Senate Print 3507A, an act to 


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 1   amend the Domestic Relations Law.

 2                ACTING PRESIDENT VALESKY:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 4.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT VALESKY:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT VALESKY:   Announce 

10   the results.

11                THE SECRETARY:   Ayes, 56.

12                ACTING PRESIDENT VALESKY:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 90, 

15   by Senator Klein, Senate Print 2440, an act to 

16   amend the General Municipal Law.

17                ACTING PRESIDENT VALESKY:   Read the 

18   last section.

19                THE SECRETARY:   Section 22.  This 

20   act shall take effect on the first of January.

21                ACTING PRESIDENT VALESKY:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 54.  Nays, 2.  

25   Senators Espaillat and Diaz recorded in the 


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 1   negative.

 2                ACTING PRESIDENT VALESKY:   The bill 

 3   is passed.

 4                THE SECRETARY:   In relation to 

 5   Calendar Number 90:  Ayes, 54.  Nays, 2.  

 6   Senators Diaz and Sanders recorded in the 

 7   negative.

 8                ACTING PRESIDENT VALESKY:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 93, 

11   by Senator Ranzenhofer, Senate Print 1695A, an 

12   act to amend the Alcoholic Beverage Control Law.

13                ACTING PRESIDENT VALESKY:   Read the 

14   last section.

15                THE SECRETARY:   Section 4.  This 

16   act shall take effect on the first of January.

17                ACTING PRESIDENT VALESKY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT VALESKY:   Announce 

21   the results.

22                THE SECRETARY:   Ayes, 55.  Nays, 1.  

23   Senator Montgomery recorded in the negative.

24                ACTING PRESIDENT VALESKY:   The bill 

25   is passed.


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 1                THE SECRETARY:   Calendar Number 98, 

 2   by Senator Farley, Senate Print 6329, an act to 

 3   amend Chapter 498 of the Laws of 2011.

 4                ACTING PRESIDENT VALESKY:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT VALESKY:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT VALESKY:   Senator 

12   Farley to explain his vote.

13                SENATOR FARLEY:   Just to explain my 

14   vote.

15                My colleagues, this is Library Day.  

16   And this is a major priority of the Library 

17   Association of New York State.  And it involves 

18   the Construction Fund, and it is very, very 

19   important for anybody.  

20                And I know that this Senate has been 

21   so supportive of libraries.  I appreciate your 

22   support.  It's very, very important.  This is a 

23   good bill.  So when you see your librarian today, 

24   you can tell them you voted for it.  

25                Thank you very much, Mr. President.


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 1                ACTING PRESIDENT VALESKY:   Senator 

 2   Farley to be recorded in the affirmative.

 3                The Secretary will announce the 

 4   results.

 5                THE SECRETARY:   Ayes, 56.

 6                ACTING PRESIDENT VALESKY:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   101, by Senator Young, Senate Print 4355, an act 

10   to amend the Public Health Law.

11                ACTING PRESIDENT VALESKY:   Read the 

12   last section.

13                THE SECRETARY:   Section 7.  This 

14   act shall take effect on the first of April.

15                ACTING PRESIDENT VALESKY:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT VALESKY:   Announce 

19   the results.

20                THE SECRETARY:   Ayes, 56.

21                ACTING PRESIDENT VALESKY:   The bill 

22   is passed.

23                Senator Libous, that completes the 

24   noncontroversial reading of the calendar.

25                SENATOR LIBOUS:   Mr. President, I 


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 1   believe Senator Gianaris laid aside 

 2   Calendar Number 55.  And I'd like to lay that 

 3   aside for the day.

 4                ACTING PRESIDENT VALESKY:   Calendar 

 5   Number 55 will be laid aside for the day.

 6                SENATOR LIBOUS:   And before we go 

 7   any further, if you'd just give me a second.  

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT VALESKY:   Senator 

10   Libous.

11                SENATOR LIBOUS:   I think at this 

12   time if you would call on Senator Gianaris to 

13   hand up a change.

14                ACTING PRESIDENT VALESKY:   Senator 

15   Gianaris.

16                SENATOR GIANARIS:   Mr. President, 

17   we have a hand-up for the front desk that our 

18   staff will deliver promptly.

19                ACTING PRESIDENT VALESKY:   The 

20   hand-up will be filed in the Journal.

21                Senator Libous.

22                SENATOR LIBOUS:   I believe Senator 

23   Savino, for the IDC, would also like to hand up a 

24   change.

25                ACTING PRESIDENT VALESKY:   That 


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 1   will also be filed in the Journal.  

 2                Senator Libous.

 3                SENATOR LIBOUS:   Mr. President, is 

 4   there any further business at the desk at this 

 5   time?  

 6                ACTING PRESIDENT VALESKY:   The desk 

 7   is clear.

 8                SENATOR LIBOUS:   All right.  I've 

 9   got some meetings to announce.  If you have no 

10   further business, I do.

11                ACTING PRESIDENT VALESKY:   Okay.

12                SENATOR LIBOUS:  The Children and 

13   Families Committee will meet immediately 

14   following session in Room 944 of the LOB.  And 

15   Consumer Protection will meet in Room 801 of the 

16   LOB.

17                ACTING PRESIDENT VALESKY:   The 

18   Senate Children and Families Committee will meet 

19   following session in Room 944 of the Legislative 

20   Office Building.  The Senate Committee on 

21   Consumer Protection will meet in Room 801 of the 

22   Legislative Office Building.

23                Senator Libous.  

24                SENATOR LIBOUS:   And, 

25   Mr. President, there being no further business, I 


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 1   move that the Senate adjourn until Thursday, 

 2   February 27th, at 11:00 a.m.

 3                ACTING PRESIDENT VALESKY:   On 

 4   motion, the Senate stands adjourned until 

 5   Thursday, February 27th, at 11:00 a.m.

 6                (Whereupon, at 3:51 p.m., the Senate 

 7   adjourned.)

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