Wednesday, May 11, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 11, 2011 11 11:15 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH E. ROBACH, Acting President 19 FRANCIS W. PATIENCE, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT ROBACH: The 3 Senate will come to order. 4 I ask everyone present to please 5 join me in the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT ROBACH: In the 9 absence of clergy, may we please bow our heads 10 in a moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT ROBACH: The 14 reading of the Journal. 15 The Secretary will read. 16 THE SECRETARY: In Senate, 17 Tuesday, May 10th, the Senate met pursuant to 18 adjournment. The Journal of Monday, May 9th, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT ROBACH: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

Candyco Transcription Service, Inc. 1 The Secretary will read. 2 THE SECRETARY: On page 38, 3 Senator Marcellino moves to discharge, from 4 the Committee on Investigations and Government 5 Operations, Assembly Bill Number 6856A and 6 substitute it for the identical Senate Bill 7 Number 4493, Third Reading Calendar 493. 8 ACTING PRESIDENT ROBACH: 9 Substitution ordered. 10 THE SECRETARY: On page 43, 11 Senator Martins moves to discharge, from the 12 Committee on Local Government, Assembly Bill 13 Number 6461B and substitute it for the 14 identical Senate Bill Number 4647A, Third 15 Reading Calendar 542. 16 ACTING PRESIDENT ROBACH: 17 Substitution ordered. 18 THE SECRETARY: And on page 44, 19 Senator McDonald moves to discharge, from the 20 Committee on Mental Health and Developmental 21 Disabilities, Assembly Bill Number 6840 and 22 substitute it for the identical Senate Bill 23 Number 4467, Third Reading Calendar 549. 24 ACTING PRESIDENT ROBACH: 25 Substitution ordered.

Candyco Transcription Service, Inc. 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Libous. 8 SENATOR LIBOUS: Thank you, 9 Mr. President. 10 Mr. President, on behalf of Senator 11 Saland, I wish to call up his bill, Print 12 Number 4244, recalled from the Assembly, which 13 is now at the desk, please. 14 ACTING PRESIDENT ROBACH: The 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 292, by Senator Saland, Senate Print 4244, an 18 act to amend the Criminal Procedure Law. 19 SENATOR LIBOUS: Mr. President, I 20 now move to reconsider the vote by which this 21 bill was passed. 22 ACTING PRESIDENT ROBACH: The 23 Secretary will call the roll on 24 reconsideration. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 51. 2 SENATOR LIBOUS: Mr. President, I 3 now offer up the following amendments. 4 ACTING PRESIDENT ROBACH: The 5 amendments are received and adopted. 6 SENATOR LIBOUS: Mr. President, 7 on behalf of Senator Bonacic, on page 16 I 8 offer the following amendments to Calendar 9 Number 166, Senate Print 3759, and ask that 10 said bill retain its place on the Third 11 Reading Calendar. 12 ACTING PRESIDENT ROBACH: The 13 amendments are received and adopted, and the 14 bill will retain its place on the Third 15 Reading Calendar. 16 SENATOR LIBOUS: Mr. President, I 17 believe at this time you should call on 18 Senator Breslin. 19 ACTING PRESIDENT ROBACH: Senator 20 Breslin. 21 SENATOR BRESLIN: Thank you, 22 Mr. President. 23 On behalf of Senator Espaillat, I 24 wish to call up Senate Print Number 3114, 25 recalled from the Assembly, which is now at

Candyco Transcription Service, Inc. 1 the desk. 2 ACTING PRESIDENT ROBACH: The 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 195, by Senator Espaillat, Senate Print 3114, 6 an act to amend the Public Housing Law. 7 SENATOR BRESLIN: Mr. President, 8 I now move to reconsider the vote by which 9 this bill was passed. 10 ACTING PRESIDENT ROBACH: Call 11 the roll on reconsideration. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 51. 14 SENATOR BRESLIN: Mr. President, 15 I now offer the following amendments. 16 ACTING PRESIDENT ROBACH: The 17 amendments are received and adopted. 18 SENATOR BRESLIN: Thank you, 19 Mr. President. 20 ACTING PRESIDENT ROBACH: Thank 21 you, Senator Breslin. 22 Senator Libous. 23 SENATOR LIBOUS: Mr. President, 24 thank you. 25 Mr. President, at this time I

Candyco Transcription Service, Inc. 1 believe there's a privileged resolution at the 2 desk by Senator Breslin. Could you read the 3 title and then call on Senator Breslin. 4 ACTING PRESIDENT ROBACH: The 5 Secretary will read. 6 THE SECRETARY: Legislative 7 resolution by Senator Breslin, honoring the 8 College of St. Rose Women's Soccer Team upon 9 the occasion of its outstanding 2010 season. 10 ACTING PRESIDENT ROBACH: Senator 11 Breslin. 12 SENATOR BRESLIN: Thank you, 13 Mr. President. 14 It's now becoming a habit to single 15 out the St. Rose Division II Soccer Team, who 16 were ranked last year Number 3 in the country. 17 They finished the season with a 23-1-1 record 18 with 17 shutouts. And they have now 10 19 consecutive years, as a team, of being 20 Academic All-Americans. And last year they 21 were also undefeated during their regular 22 season. 23 And we're honored to have with us 24 today the athletic director of St. Rose, Cathy 25 Haker; the Assistant Coach, Kailey Egbert; and

Candyco Transcription Service, Inc. 1 players Aoife Herbert, Molly Harpster, Kim 2 Morton and Brittany Godin. 3 So it's such an honor to have you 4 here. You've begun a tradition that will 5 continue on and continue on and continue on. 6 And this Capital District community is very, 7 very proud of St. Rose and in particular this 8 women's soccer team. Congratulations. 9 ACTING PRESIDENT ROBACH: Thank 10 you, Senator Breslin. 11 Senator Farley on the resolution. 12 SENATOR FARLEY: I also rise to 13 support this. St. Rose is a magnificent 14 college. My wife a graduate of it, and my 15 daughter is also a graduate of St. Rose, a 16 college that I not only support but am very, 17 very close to, having gotten my wife from 18 there. 19 (Laughter.) 20 SENATOR FARLEY: But you know, I 21 do congratulate, I do congratulate the 22 outstanding accomplishments of the women's 23 athletics, particularly at St. Rose -- and the 24 men's athletics -- because the college has 25 grown so much and been such a part of the

Candyco Transcription Service, Inc. 1 Capital District. 2 We're very, very proud of you and 3 very proud of all that you've accomplished. 4 Best wishes. 5 ACTING PRESIDENT ROBACH: The 6 question is on the resolution. All those in 7 favor signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT ROBACH: Those 10 opposed, nay. 11 (No response.) 12 ACTING PRESIDENT ROBACH: The 13 resolution is adopted. 14 And let me, on behalf of everyone, 15 congratulate these great young student 16 athletes from St. Rose on all their 17 accomplishments. 18 (Applause.) 19 ACTING PRESIDENT ROBACH: Senator 20 LaValle. 21 SENATOR LaVALLE: Mr. President, 22 there's a privileged resolution at the desk by 23 Senator Saland. May we please have the title 24 read and move for its immediate adoption. 25 ACTING PRESIDENT ROBACH: The

Candyco Transcription Service, Inc. 1 Secretary will read. 2 THE SECRETARY: Legislative 3 resolution by Senator Saland, honoring Denise 4 VanBuren upon the occasion of her designation 5 as recipient of the Meritorious Award by the 6 Exchange Club of Southern Dutchess. 7 ACTING PRESIDENT ROBACH: The 8 question is on the resolution. All those in 9 favor signify by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT ROBACH: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT ROBACH: The 15 resolution is adopted. 16 Senator LaValle. 17 SENATOR LaVALLE: Mr. President, 18 may we please take up the noncontroversial 19 reading of the calendar. 20 ACTING PRESIDENT ROBACH: The 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 475, by Senator Oppenheimer, Senate Print 24 3796, an act to amend the Tax Law. 25 SENATOR SERRANO: Lay it aside

Candyco Transcription Service, Inc. 1 for the day, please. 2 ACTING PRESIDENT ROBACH: The 3 bill is laid aside for the day. 4 THE SECRETARY: Calendar Number 5 493, substituted earlier today by Member of 6 the Assembly Englebright, Assembly Print 7 Number 6856A, an act to amend Chapter 704 of 8 the Laws of 1991. 9 ACTING PRESIDENT ROBACH: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT ROBACH: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 57. 17 ACTING PRESIDENT ROBACH: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 537, by Senator Grisanti, Senate Print 3916, 21 an act to amend Chapter 492 of the Laws of 22 1993. 23 ACTING PRESIDENT ROBACH: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT ROBACH: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 57. 6 ACTING PRESIDENT ROBACH: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 538, by Senator Ranzenhofer, Senate Print 10 4120, an act to amend Chapter 629 of the Laws 11 of 2005. 12 ACTING PRESIDENT ROBACH: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT ROBACH: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 57. 20 ACTING PRESIDENT ROBACH: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 542, substituted earlier today by Member of 24 the Assembly Weisenberg, Assembly Print Number 25 6461B, an act to amend the Real Property Tax

Candyco Transcription Service, Inc. 1 Law. 2 ACTING PRESIDENT ROBACH: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT ROBACH: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 57. 10 ACTING PRESIDENT ROBACH: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 543, by Senator Lanza, Senate Print 4807, an 14 act to amend Chapter 759 of the Laws of 1973. 15 ACTING PRESIDENT ROBACH: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT ROBACH: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 57. 23 ACTING PRESIDENT ROBACH: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 545, by Senator LaValle, Senate Print 3907, an 2 act to amend Chapter 84 of the Laws of 2002. 3 ACTING PRESIDENT ROBACH: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT ROBACH: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 57. 11 ACTING PRESIDENT ROBACH: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 546, by Senator DeFrancisco, Senate Print 15 4308, an act to amend the Business Corporation 16 Law. 17 ACTING PRESIDENT ROBACH: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT ROBACH: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 57. 25 ACTING PRESIDENT ROBACH: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 548, by Senator Nozzolio, Senate Print 4544, 4 an act to amend the Not-for-Profit Corporation 5 Law. 6 ACTING PRESIDENT ROBACH: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT ROBACH: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 57. 14 ACTING PRESIDENT ROBACH: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 549, substituted earlier today by Member of 18 the Assembly Rodriguez, Assembly Print Number 19 6840, an act to amend the Mental Hygiene Law. 20 ACTING PRESIDENT ROBACH: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT ROBACH: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. 3 ACTING PRESIDENT ROBACH: The 4 bill is passed. 5 Senator LaValle. 6 SENATOR LaVALLE: Mr. President, 7 I think we're waiting for something to come to 8 the desk, and we'll just take a brief moment. 9 ACTING PRESIDENT ROBACH: The 10 Senate will momentarily stand at ease. 11 (Whereupon, the Senate stood at 12 ease at 11:26 a.m.) 13 (Whereupon, the Senate reconvened 14 at 11:27 a.m.) 15 ACTING PRESIDENT ROBACH: Senator 16 LaValle, we have a motion at the desk. Can we 17 return to motions. 18 SENATOR LaVALLE: We have 19 returned to motions. Thank you, 20 Mr. President. 21 On page 34 I offer the following 22 amendments to Calendar Number 456, Senate 23 Print Number 3803, and ask that said bill 24 retain its place on the Third Reading 25 Calendar.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT ROBACH: The 2 amendments are received and adopted. 3 Senator LaValle. 4 SENATOR LaVALLE: Mr. President, 5 is there any other business at the desk? 6 ACTING PRESIDENT ROBACH: There 7 is none, Senator LaValle. 8 SENATOR LaVALLE: There being no 9 further business before the Senate, I move 10 that we adjourn until Monday, May 16th, at 11 3:00 p.m., intervening days being legislative 12 days. 13 ACTING PRESIDENT ROBACH: On 14 motion, the Senate stands adjourned until 15 Monday, May 16th, at 3:00 p.m., intervening 16 days being legislative days. 17 (Whereupon, at 11:28 a.m., the 18 Senate adjourned.) 19 20 21 22 23 24 25

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