Regular Session - May 21, 2012
3019
1 NEW YORK STATE SENATE
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4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 May 21, 2012
11 3:15 p.m.
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14 REGULAR SESSION
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18 SENATOR JACK MARTINS, Acting President
19 FRANCIS W. PATIENCE, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT MARTINS: 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
8 recited the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT MARTINS:
10 Please remain standing.
11 We have the Reverend Peter G.
12 Young, from Mother Teresa Community in Albany,
13 here for the invocation.
14 REVEREND YOUNG: Thank you,
15 Senator.
16 Let us pray.
17 By being a Senator, you have
18 accepted the leadership position so that you
19 can more fully serve the people of New York
20 State.
21 In this spirit of community, our
22 prayer today will be to better achieve the
23 goal of dedicated representation in the power
24 that is entrusted to all of our legislative
25 leadership.
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1 May you attain your satisfaction
2 in your services to all of your constituents.
3 Amen.
4 ACTING PRESIDENT MARTINS: The
5 reading of the Journal.
6 THE SECRETARY: In Senate,
7 Sunday, May 20th, the Senate met pursuant to
8 adjournment. The Journal of Saturday,
9 May 19th, was read and approved. On motion,
10 Senate adjourned.
11 ACTING PRESIDENT MARTINS:
12 Without objection, the Journal stands approved
13 as read.
14 Presentation of petitions.
15 Messages from the Assembly.
16 The Secretary will read.
17 THE SECRETARY: On page 28,
18 Senator McDonald moves to discharge, from the
19 Committee on Transportation, Assembly Bill
20 Number 3363 and substitute it for the
21 identical Senate Bill Number 3170, Third
22 Reading Calendar 547.
23 ACTING PRESIDENT MARTINS:
24 Substitution ordered.
25 Messages from the Governor.
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1 Reports of standing committees.
2 Reports of select committees.
3 Communications and reports from
4 state officers.
5 Motions and resolutions.
6 Senator Libous.
7 SENATOR LIBOUS: Mr. President,
8 could you please call on Senator Breslin.
9 ACTING PRESIDENT MARTINS: Senator
10 Breslin.
11 SENATOR BRESLIN: Thank you,
12 Mr. President.
13 On behalf of Senator
14 Stewart-Cousins, on page number 37 I offer the
15 following amendments to Calendar Number 696,
16 Senate Print Number 6634, and ask that the said
17 bill retain its place on the Third Reading
18 Calendar.
19 ACTING PRESIDENT MARTINS: The
20 amendments are received, and the bill will retain
21 its place on the third reading of the calendar.
22 SENATOR BRESLIN: Thank you,
23 Mr. President.
24 On behalf of Senator
25 Hassell-Thompson, on page number 27 I offer the
3023
1 following amendments to Calendar Number 503,
2 Senate Print Number 6457, and ask that said bill
3 retain its place on the Third Reading Calendar.
4 ACTING PRESIDENT MARTINS: The
5 amendments are received, and the bill will retain
6 its place on the third reading of the calendar.
7 SENATOR BRESLIN: Thank you,
8 Mr. President.
9 ACTING PRESIDENT MARTINS: Thank
10 you, Senator Breslin.
11 Senator Libous.
12 SENATOR LIBOUS: Thank you,
13 Mr. President.
14 On behalf of Senator Skelos, I wish
15 to call up his bill, Senate Print 6162, recalled
16 from the Assembly, which is now at the desk.
17 ACTING PRESIDENT MARTINS: The
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 221, by Senator Skelos, Senate Print 6162, an act
21 to authorize.
22 SENATOR LIBOUS: Mr. President, I
23 now move to reconsider the vote by which this
24 bill was passed.
25 ACTING PRESIDENT MARTINS: The
3024
1 Secretary will call the roll on reconsideration.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 46.
4 SENATOR LIBOUS: Mr. President, I
5 offer up the following amendments.
6 ACTING PRESIDENT MARTINS: The
7 amendments are received.
8 SENATOR LIBOUS: Mr. President,
9 also on behalf of Senator Skelos, I wish to call
10 up his bill, Senate Print Number 6297, recalled
11 from the Assembly, which is now at the desk.
12 ACTING PRESIDENT MARTINS: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 225, by Senator Skelos, Senate Print 6297, an act
16 to authorize.
17 SENATOR LIBOUS: Mr. President, I
18 now move to reconsider the vote by which this
19 bill was passed.
20 ACTING PRESIDENT MARTINS: Call
21 the roll on reconsideration.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 49.
24 SENATOR LIBOUS: Mr. President, I
25 offer up the following amendments.
3025
1 ACTING PRESIDENT MARTINS: The
2 amendments are received.
3 SENATOR LIBOUS: Mr. President, on
4 behalf of Senator Robach, I wish to call up his
5 bill, Senate Print 6740, recalled from the
6 Assembly, which is now at the desk.
7 ACTING PRESIDENT MARTINS: The
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 568, by Senator Robach, Senate Print 6740, an act
11 to amend the Insurance Law.
12 SENATOR LIBOUS: Mr. President, I
13 now move to reconsider the vote by which this
14 bill was passed.
15 ACTING PRESIDENT MARTINS: Call
16 the roll on reconsideration.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 51.
19 ACTING PRESIDENT MARTINS: Senator
20 Libous.
21 SENATOR LIBOUS: I now offer the
22 following amendments.
23 ACTING PRESIDENT MARTINS: The
24 amendments are received.
25 Senator Libous.
3026
1 SENATOR LIBOUS: Thank you,
2 Mr. President.
3 On behalf of Senator Maziarz, on
4 page 36 I offer the following amendments to
5 Calendar Number 674, Senate Print 515, and ask
6 that said bill retain its place on the Third
7 Reading Calendar.
8 ACTING PRESIDENT MARTINS: The
9 amendments are received, and the bill will retain
10 its place on third reading of the calendar.
11 SENATOR LIBOUS: Thank you,
12 Mr. President.
13 On behalf of Senator Zeldin, on
14 page 32 I offer the following amendments to
15 Calendar Number 615, Senate Print 6872, and ask
16 that said bill retain its place on the Third
17 Reading Calendar.
18 ACTING PRESIDENT MARTINS: The
19 amendments are received, and the bill will retain
20 its place on the third reading of the calendar.
21 Senator Libous.
22 SENATOR LIBOUS: Thank you,
23 Mr. President.
24 May we have the reading of the
25 noncontroversial calendar at this time, please.
3027
1 ACTING PRESIDENT MARTINS: The
2 Secretary will read.
3 THE SECRETARY: Calendar Number
4 44, by Senator Nozzolio, Senate Print 5208B, an
5 act to amend the Real Property Tax Law.
6 ACTING PRESIDENT MARTINS: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MARTINS: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 51.
14 ACTING PRESIDENT MARTINS: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 70, by Senator Grisanti, Senate Print 3497A, an
18 act to amend the General Business Law.
19 ACTING PRESIDENT MARTINS: Read
20 the last section.
21 THE SECRETARY: Section 5. This
22 act shall take effect on the 180th day.
23 ACTING PRESIDENT MARTINS: Call
24 the roll.
25 (The Secretary called the roll.)
3028
1 THE SECRETARY: Ayes, 51.
2 ACTING PRESIDENT MARTINS: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 138, by Senator DeFrancisco, Senate Print 2903C,
6 an act to amend the Navigation Law.
7 ACTING PRESIDENT MARTINS: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 60th day.
11 ACTING PRESIDENT MARTINS: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 51.
15 ACTING PRESIDENT MARTINS: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 212, by Senator Martins, Senate Print 4285B, an
19 act to amend the General Municipal Law.
20 ACTING PRESIDENT MARTINS: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MARTINS: Call
25 the roll.
3029
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 51.
3 ACTING PRESIDENT MARTINS: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 238, by Member of the Assembly Paulin, Assembly
7 Print Number 8414A, an act to amend the Public
8 Health Law.
9 SENATOR LIBOUS: Lay it aside for
10 the day.
11 ACTING PRESIDENT MARTINS: The
12 bill is laid aside for the day.
13 THE SECRETARY: Calendar Number
14 358, by Senator Zeldin, Senate Print 5634E, an
15 act to amend the General Municipal Law.
16 ACTING PRESIDENT MARTINS: There
17 is a home-rule message at the desk.
18 Read the last section.
19 THE SECRETARY: Section 13. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MARTINS: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 50. Nays,
25 1. Senator Ball recorded in the negative.
3030
1 ACTING PRESIDENT MARTINS: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 361, by Senator Gallivan, Senate Print 6606, an
5 act to amend the Local Finance Law.
6 ACTING PRESIDENT MARTINS: There
7 is a home-rule message at the desk.
8 Read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MARTINS: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 50. Nays,
15 1. Senator Ball recorded in the negative.
16 ACTING PRESIDENT MARTINS: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 460, by Senator McDonald, Senate Print 4762A, an
20 act to amend the Environmental Conservation Law.
21 ACTING PRESIDENT MARTINS: Read
22 the last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MARTINS: Call
3031
1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 53.
4 ACTING PRESIDENT MARTINS: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 546, by Senator Golden, Senate Print 2918, an act
8 to amend the Vehicle and Traffic Law.
9 ACTING PRESIDENT MARTINS: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the first of November.
13 ACTING PRESIDENT MARTINS: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 52. Nays,
17 1. Senator Montgomery recorded in the negative.
18 ACTING PRESIDENT MARTINS: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 547, substituted earlier by Member of the
22 Assembly Lavine, Assembly Print Number 3363, an
23 act to amend the Vehicle and Traffic Law.
24 ACTING PRESIDENT MARTINS: Read
25 the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect on the 90th day.
3 ACTING PRESIDENT MARTINS: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 53.
7 ACTING PRESIDENT MARTINS: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 575, by Senator Libous, Senate Print 1071B, an
11 act to amend the State Finance Law.
12 ACTING PRESIDENT MARTINS: Read
13 the last section.
14 THE SECRETARY: Section 5. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MARTINS: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 53.
20 ACTING PRESIDENT MARTINS: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 643, by Senator Griffo, Senate Print 4194, an act
24 to amend the Banking Law.
25 ACTING PRESIDENT MARTINS: Read
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1 the last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect on the first of November.
4 ACTING PRESIDENT MARTINS: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: In relation to
8 Calendar Number 643, those recorded in the
9 negative are Senators Hassell-Thompson,
10 Montgomery, Parker, and Perkins.
11 Ayes, 49. Nays, 4.
12 ACTING PRESIDENT MARTINS: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 662, by Senator Grisanti, Senate Print 2409E, an
16 act to amend the Agriculture and Markets Law.
17 ACTING PRESIDENT MARTINS: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on July 1, 2014.
21 ACTING PRESIDENT MARTINS: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 55.
25 ACTING PRESIDENT MARTINS: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 708, by Senator Ball, Senate Print 5296, an act
4 to amend the Penal Law.
5 ACTING PRESIDENT MARTINS: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first of November.
9 ACTING PRESIDENT MARTINS: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 55.
13 ACTING PRESIDENT MARTINS: The
14 bill is passed.
15 Senator Libous.
16 SENATOR LIBOUS: Mr. President, at
17 this time is there any further business at the
18 desk?
19 ACTING PRESIDENT MARTINS: No,
20 there is not.
21 SENATOR LIBOUS: Mr. President,
22 there being no further business, I move that we
23 adjourn until Tuesday, May 22nd, at 3:00 p.m.
24 ACTING PRESIDENT MARTINS: On
25 motion, the Senate stands adjourned until
3035
1 Tuesday, May 22nd, at 3:00 p.m.
2 (Whereupon, at 3:26 p.m., the Senate
3 adjourned.)
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