Regular Session - May 7, 2012
2671
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 7, 2012
11 3:25 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH A. GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
2672
1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask all present to please rise
5 and join with me as we recite the Pledge of
6 Allegiance to our Flag.
7 (Whereupon, the assemblage
8 recited the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO:
10 Today's invocation will be offered by the
11 Reverend Peter G. Young, of the Mother Teresa
12 Community here in Albany.
13 Father Young.
14 REVEREND YOUNG: Thank you,
15 Senator.
16 Let us pray.
17 Dear God, we thank You for this
18 beautiful May day. And we thank You too
19 because You have given us a marvelous example
20 of charity in the call to us to love one
21 another.
22 Send down your blessing on these
23 Senators who generously devote themselves to
24 helping our New York State citizens.
25 O God, You are the builder of all
2673
1 things, and You have placed on us the
2 obligation of toil. Grant that the work we
3 begin may serve to better our lives in
4 New York State and, through Your goodness,
5 contribute to the spread of the call to be
6 Your people.
7 Amen.
8 ACTING PRESIDENT GRIFFO: Thank
9 you, Father.
10 Reading of the Journal.
11 THE SECRETARY: In Senate,
12 Friday, May 4th, the Senate met pursuant to
13 adjournment. The Journal of Thursday,
14 May 3rd, was read and approved. On motion,
15 Senate adjourned.
16 ACTING PRESIDENT GRIFFO:
17 Without objection, the Journal stands approved
18 as read.
19 Presentation of petitions.
20 Messages from the Assembly.
21 The Secretary will read.
22 THE SECRETARY: On page 31,
23 Senator Griffo moves to discharge, from the
24 Committee on Finance, Assembly Bill Number
25 9242 and substitute it for the identical
2674
1 Senate Bill Number 6415, Third Reading
2 Calendar 586.
3 ACTING PRESIDENT GRIFFO:
4 Substitution so ordered.
5 Messages from the Governor.
6 Reports of standing committees.
7 Reports of select committees.
8 Communications and reports from
9 state officers.
10 Motions and resolutions.
11 Senator Libous.
12 SENATOR LIBOUS: Mr. President,
13 would you please call on Senator Carlucci.
14 ACTING PRESIDENT GRIFFO: Senator
15 Carlucci.
16 SENATOR CARLUCCI: Mr. President,
17 on behalf of Senator Klein, I move that the
18 following bills be discharged from their
19 respective committees and be recommitted with
20 instructions to strike the enacting clause:
21 Senate Numbers 535, 695, and 6184.
22 ACTING PRESIDENT GRIFFO: So
23 ordered.
24 Senator Libous.
25 SENATOR LIBOUS: Mr. President, on
2675
1 behalf of Senator Maziarz, I move that the
2 following bill be discharged from its respective
3 committee and be recommitted with instructions to
4 strike the enacting clause: Senate Print 6612.
5 ACTING PRESIDENT GRIFFO: So
6 ordered.
7 Senator Libous.
8 SENATOR LIBOUS: Mr. President, on
9 behalf of Senator Johnson, on page 20 I offer the
10 following amendments to Calendar Number 355,
11 Senate Print Number 3262B, and ask that said bill
12 retain its place on the Third Reading Calendar.
13 ACTING PRESIDENT GRIFFO: The
14 amendments are received, and the bill shall
15 retain its place on third reading.
16 Senator Libous.
17 SENATOR LIBOUS: Mr. President, on
18 behalf of Senator Golden, on page 15 I offer the
19 following amendments to Calendar Number 129,
20 Senate Print 4263A, and ask that said bill retain
21 its place on the Third Reading Calendar.
22 ACTING PRESIDENT GRIFFO: The
23 amendments are received, and the bill shall
24 retain its place on third reading.
25 Senator Libous.
2676
1 SENATOR LIBOUS: On page 21,
2 Mr. President, on behalf of Senator Zeldin I
3 offer the following amendments to Calendar
4 Number 358, Senate Print Number 5634D, and ask
5 that said bill retain its place on the
6 Third Reading Calendar.
7 ACTING PRESIDENT GRIFFO: The
8 amendments are received, and the bill shall
9 retain its place on third reading.
10 Senator Libous.
11 SENATOR LIBOUS: And,
12 Mr. President, on behalf of Senator Robach, on
13 page 30 I offer the following amendments to
14 Calendar Number 571, Senate Print 486A, and ask
15 that said bill retain its place on the Third
16 Reading Calendar.
17 ACTING PRESIDENT GRIFFO: The
18 amendments are received, and the bill shall
19 retain its place on third reading.
20 Senator Libous.
21 SENATOR LIBOUS: Mr. President, I
22 believe there's a resolution at the desk by
23 Senator Sampson, Number 4416. Could you have the
24 title read and move for its immediate adoption.
25 ACTING PRESIDENT GRIFFO: The
2677
1 Secretary will read.
2 THE SECRETARY: Legislative
3 Resolution Number 4416, by Senator Sampson,
4 mourning the death of Gregory Jackson,
5 distinguished Brownsville citizen and devoted
6 member of the Brooklyn community.
7 ACTING PRESIDENT GRIFFO: All in
8 favor of the resolution signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT GRIFFO:
11 Opposed?
12 (No response.)
13 ACTING PRESIDENT GRIFFO: The
14 resolution is adopted.
15 Senator Libous.
16 SENATOR LIBOUS: Mr. President,
17 could we have the reading of the noncontroversial
18 calendar, please.
19 ACTING PRESIDENT GRIFFO: The
20 Secretary will read.
21 SENATOR BRESLIN: Point of order.
22 ACTING PRESIDENT GRIFFO: Senator
23 Breslin, what is your point of order?
24 SENATOR BRESLIN: Mr. President, I
25 rise for a point of order.
2678
1 I have a privileged resolution at
2 the desk that the Secretary failed to read, and I
3 would request that it be read.
4 ACTING PRESIDENT GRIFFO: Senator
5 Breslin, we are not on motions and resolutions at
6 this point in time. We've been called for the
7 reading of the noncontroversial calendar.
8 So we would later ask if we want to
9 presently return to motions and resolutions, with
10 consent.
11 SENATOR BRESLIN: Mr. President, I
12 believe I was up, standing, waiting to be called
13 upon.
14 ACTING PRESIDENT GRIFFO: Senator
15 Breslin, with all due respect, Senator Libous --
16 I was looking out before the audience --
17 SENATOR LIBOUS: Mr. President.
18 Mr. President, that might have been my fault.
19 I believe that if Senator Breslin
20 would like to return to motions and resolutions,
21 I'd be happy to do that at this time.
22 ACTING PRESIDENT GRIFFO: Without
23 objection, we shall return to motions and
24 resolutions.
25 Senator Breslin.
2679
1 SENATOR BRESLIN: I believe that
2 there's two privileged resolutions at the desk.
3 I ask that the reading be waived and I be heard
4 on the resolutions.
5 ACTING PRESIDENT GRIFFO: Senator
6 Breslin, we've looked at the resolutions before.
7 And in order for these resolutions to be deemed
8 privileged and to be brought before the body,
9 they would need the consent of the Temporary
10 President.
11 Has that been obtained?
12 SENATOR BRESLIN: Could you repeat
13 that, please?
14 SENATOR LIBOUS: Mr. President --
15 Mr. President, could you get some order in the
16 chamber? There are a lot of conversations going
17 on. Staff members should leave the chamber.
18 Members should take their seats.
19 I believe that Senator Breslin has
20 the floor, and it's difficult for me, who is
21 right next to Senator Breslin, to even hear him
22 with all of the chatter that goes on in the
23 chamber. The chamber is a place where members
24 are allowed to speak if called on by the chair.
25 Nobody else should be speaking at that time.
2680
1 Thank you, Mr. President.
2 ACTING PRESIDENT GRIFFO: Thank
3 you, Senator Libous.
4 Thank you, Senator Breslin.
5 I appreciate the order in the
6 chamber.
7 Senator Breslin, upon review of
8 your point, we deem that the resolutions are not
9 considered privileged because they must receive
10 the consent of the Temporary President in order
11 to be brought before the house as a privileged
12 resolution. So they are not in order.
13 SENATOR BRESLIN: I would appeal
14 the ruling of the chair.
15 ACTING PRESIDENT GRIFFO: Okay,
16 there's a request for an appeal of the ruling of
17 the chair. All those --
18 SENATOR BRESLIN: I request to be
19 heard on the appeal.
20 ACTING PRESIDENT GRIFFO: You
21 may be heard, Senator Breslin.
22 SENATOR BRESLIN: Mr. President,
23 the resolutions I'm offering today establish
24 plans setting forth an itemized list of grantees
25 for certain school districts across the state.
2681
1 The proposed allocations of school
2 district money, commonly referred to as bullet
3 aid, conform fully to the provisions of
4 Senate Rule 9, Section 11, relating to conference
5 allocations for community projects and local
6 assistance.
7 The first resolution would allocate
8 the remaining $5 million for bullet aid for the
9 years 2011 and 2012 that was mysteriously absent
10 from the resolution this house passed just last
11 week.
12 The second would allocate the full
13 $20 million for fiscal year 2012-2013 in an
14 equitable manner to all Senators' districts,
15 regardless of party, pursuant to State Senate
16 rules and the formula for school aid
17 distribution.
18 Pursuant to the Deputy Majority
19 Leader's declaration and the urgency of the
20 proposed and much-needed aid to school districts
21 throughout the state, I insist that the
22 resolution be read and considered for adoption.
23 Thank you, Mr. President.
24 ACTING PRESIDENT GRIFFO: Thank
25 you, Senator Breslin.
2682
1 The question is on overruling the
2 ruling of the chair. All those in favor signify
3 by saying aye.
4 (Response of "Aye.")
5 SENATOR BRESLIN: We request a
6 show of hands, Mr. President.
7 ACTING PRESIDENT GRIFFO: A show
8 of hands has been requested and so designated.
9 (Senators raised their hands.)
10 ACTING PRESIDENT GRIFFO: Announce
11 the results.
12 THE SECRETARY: Ayes, 23.
13 ACTING PRESIDENT GRIFFO: The
14 ruling of the chair stands.
15 Senator Libous.
16 SENATOR LIBOUS: Mr. President,
17 could we have the reading of the noncontroversial
18 calendar at this time.
19 ACTING PRESIDENT GRIFFO: The
20 Secretary will read the noncontroversial
21 calendar.
22 THE SECRETARY: Calendar Number
23 322, by Senator Ranzenhofer, Senate Print 3220,
24 an act to amend the Correction Law.
25 ACTING PRESIDENT GRIFFO: Read the
2683
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first of November.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT GRIFFO: Senator
8 Rivera to explain his vote.
9 SENATOR RIVERA: Thank you,
10 Mr. President, to explain my vote.
11 This is a bill much like ones that
12 we've voted on in weeks past and sessions past
13 that deals with sex offenders but yet does not
14 make the distinction by levels.
15 There is another bill on the agenda
16 today that does something different; however, it
17 has the same problem.
18 As I've stated many times on the
19 floor, I certainly believe that it is our
20 responsibility to secure citizens from
21 predators. But when we establish rules -- bills
22 like this, when we try to establish laws of this
23 kind which are so broad and do not have the
24 distinctions that are already established in law,
25 when someone is a sex offender and has served
2684
1 their time, then we create a law that is too
2 broad and that certainly I believe has more of a
3 punitive effect.
4 Which, again, as I've stated, can
5 certainly be warranted for certain people that
6 are considered sex offenders, but certainly not
7 Level 1's.
8 Since this does not have that
9 distinction, I'll be voting in the negative.
10 Thank you, Mr. President.
11 ACTING PRESIDENT GRIFFO: Senator
12 Rivera to be recorded in the negative.
13 Announce the results.
14 THE SECRETARY: In relation to
15 Calendar Number 322, those recorded in the
16 negative are Senators Hassell-Thompson, Krueger,
17 Montgomery, Parker, Perkins and Rivera.
18 Ayes, 54. Nays, 6.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 385, by Senator DeFrancisco, Senate Print 2856A,
23 an act to amend the Public Health Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
2685
1 THE SECRETARY: Section 3. This
2 act shall take effect on the 120th day.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 433, by Senator Skelos, Senate Print 1828, an act
11 to amend the Correction Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT GRIFFO: Senator
20 Rivera to explain his vote.
21 SENATOR RIVERA: Thank you,
22 Mr. President.
23 This is the second bill that we're
24 going to deal with today that deals with sex
25 offenders.
2686
1 This one in particular, what it
2 would do is it would eliminate, for all intents
3 and purposes, the levels that I was just speaking
4 about. To me, this is probably -- this is
5 extremely egregious because it does not make the
6 distinction between someone that is a predator
7 and someone who is not.
8 It would make a person a sex
9 offender, regardless of the level, actually
10 regardless of the offense. There would be no
11 levels anymore. So this person, anybody who was
12 convicted of a sex offense, would have to
13 register for the rest of their lives.
14 Now, while I think that certainly
15 predators that are Level 3's currently need to
16 have this -- we need to make sure that we know
17 where they are, we certainly should restrict
18 where they work or where they can go -- when
19 we're talking about a Level 1 sex offender, that
20 distinction -- there is a reason why that
21 distinction exists.
22 This law would again make it too
23 broad a definition. I believe that we should be
24 very careful about how we establish these levels
25 on all the bills that deal with sex offenses. I
2687
1 will be voting in the negative on this piece of
2 legislation.
3 Thank you, Mr. President.
4 ACTING PRESIDENT GRIFFO: Senator
5 Rivera to be recorded in the negative.
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar Number 433, those recorded in the
9 negative are Senators Dilan, Duane,
10 Hassell-Thompson, Huntley, Krueger, Montgomery,
11 Parker, Perkins, Rivera, Serrano and Squadron.
12 Ayes, 49. Nays, 11.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 452, by Senator Young, Senate Print 848 --
17 SENATOR LIBOUS: Lay the bill
18 aside for the day.
19 ACTING PRESIDENT GRIFFO: Lay it
20 aside for the day.
21 THE SECRETARY: Calendar Number
22 492, by Senator Golden, Senate Print 638, an act
23 to amend the Real Property Tax Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
2688
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 586, substituted earlier today by Member of the
11 Assembly Brindisi, Assembly Print 9242, an act to
12 amend the State Finance Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 591, by Senator McDonald, Senate Print 2500, an
25 act to amend the Environmental Conservation Law.
2689
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 60.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 592, by Senator Farley, Senate Print 3244, an act
13 to amend the Environmental Conservation Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 58. Nays,
22 2. Senators Duane and Perkins recorded in the
23 negative.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
2690
1 THE SECRETARY: Calendar Number
2 593, by Senator Johnson, Senate Print 4287B, an
3 act to amend the Environmental Conservation Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 150th day.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 595, by Senator Seward, Senate Print 6705, an act
16 to amend the Environmental Conservation Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 57. Nays,
25 3. Senators Duane, Perkins and Serrano recorded
2691
1 in the negative.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 596, by Senator Gallivan, Senate Print 6729, an
6 act to amend the Environmental Conservation Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 180th day.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 60.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 597, by Senator Young, Senate Print 6776, an act
19 to amend the Environmental Conservation Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
2692
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 60.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 598, by Senator Nozzolio, Senate Print 6801A, an
7 act to amend the Environmental Conservation Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 57. Nays,
16 3. Senators Duane, Perkins and Serrano recorded
17 in the negative.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 601, by Senator Grisanti, Senate Print 6858, an
22 act to amend the Environmental Conservation Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
2693
1 act shall take effect on the 60th day.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 607, by Senator Breslin, Senate Print 1642, an
10 act to amend the Public Authorities Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 59. Nays,
19 1. Senator Ball recorded in the negative.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 608, by Senator Golden, Senate Print 5612, an act
24 to amend the Public Authorities Law.
25 ACTING PRESIDENT GRIFFO: Read the
2694
1 last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect immediately.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 59. Nays,
8 1. Senator Ball recorded in the negative.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 609, by Senator Breslin, Senate Print 6450A, an
13 act to amend Chapter 672 of the Laws of 1993.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 59. Nays,
22 1. Senator Ball recorded in the negative.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
2695
1 611, by Senator Nozzolio, Senate Print 6802, an
2 act to amend the Public Authorities Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 59. Nays,
11 1. Senator Ball recorded in the negative.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 Senator Libous, that completes the
15 noncontroversial reading of the calendar.
16 SENATOR LIBOUS: Mr. President, is
17 there any further business at the desk?
18 ACTING PRESIDENT GRIFFO: There is
19 no further business before the desk.
20 SENATOR LIBOUS: There being no
21 further business before the house, I move that we
22 adjourn until Tuesday, May 8th, at 3:00 p.m.
23 ACTING PRESIDENT GRIFFO: On
24 motion, the Senate stands adjourned until
25 Tuesday, May 8th, at 3:00 p.m.
2696
1 Senate adjourned.
2 (Whereupon, at 3:44 p.m., the Senate
3 adjourned.)
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25