Gaveled in 3:34 PM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 15, 2013
3:34 p.m.
REGULAR SESSION
SENATOR DIANE SAVINO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT SAVINO:The Senate will please come to order.
I ask all those present to please rise with me for the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT SAVINO:In the absence of clergy, I ask everyone to please bow your heads for a moment of silence.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT SAVINO:Reading of the Journal.
THE SECRETARY:In Senate, Friday, April 12th, the Senate met pursuant to adjournment. The Journal of Thursday, April 11th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT SAVINO:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from state officers.
Motions and resolutions.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
Could we take a minute and let everybody enter the chamber? There's lots of noise coming in and out. Because these motions are very important, I know that members will want to hear them.
Will the Sergeant-at-Arms close the doors, please.
(Pause.)
SENATOR LIBOUS:Okay, Madam President, on behalf of Senator Zeldin, on page 13 I offer the following amendments to Calendar Number 212, Senate Print 2926, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT SAVINO:The bill is amended and will retain its place on the Third Reading Calendar.
SENATOR LIBOUS:Thank you, Madam President.
Again on behalf of Senator Zeldin, on page 13 I offer the following amendments to Calendar Number 213, Senate Print 2927, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT SAVINO:The bill will be amended and will retain its place on the Third Reading Calendar.
SENATOR LIBOUS:And on behalf, Madam President, of Senator Fuschillo, on page 16 I offer the following amendments to Calendar Number 244, Senate Print 754, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT SAVINO:The bill is amended and will retain its place on the Third Reading Calendar.
SENATOR LIBOUS:And, Madam President, on behalf of Senator Griffo, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause: 3918 would be the Senate Print.
ACTING PRESIDENT SAVINO:So ordered.
SENATOR LIBOUS:And I have two more, Madam President.
On behalf of Senator DeFrancisco, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause, and that would be Senate Print 4098.
ACTING PRESIDENT SAVINO:So ordered.
SENATOR LIBOUS:And one more, Madam President.
On behalf of Senator Seward, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause. And that would be Senate Print 4476.
ACTING PRESIDENT SAVINO:So ordered.
Senator Libous.
SENATOR LIBOUS:Madam President, at this time could we have the reading of the noncontroversial calendar.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Calendar Number 44, by Senator Martins, Senate Print 986, an act in relation to authorizing.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 54.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 82, by Senator Valesky, Senate Print 2158, an act to amend the State Administrative Procedure Act.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 8. This act shall take effect on the first of January.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 54.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 91, by Senator LaValle, Senate Print 347, an act to amend the Real Property Actions and Proceedings Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 54.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 145, by Senator Seward, Senate Print 3065, an act to amend the Insurance Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 55. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 177, by Senator Little, Senate Print 1361, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:In relation to Calendar 177, those recorded in the negative are Senators Addabbo, Avella, Breslin, Dilan, Gianaris, Hoylman, Kennedy, Krueger, Peralta, Perkins, Rivera, Sampson, Sanders, Savino, Serrano, Squadron, Stavisky, Stewart-Cousins and Tkaczyk. Also Senator Diaz. Also Senator Espaillat.
Ayes, 35. Nays, 21.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 180, by Senator Valesky, Senate Print 2170, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:In relation to Calendar Number 180, those recorded in the negative are Senators Boyle, Hoylman, Krueger, LaValle and Serrano.
Ayes, 51. Nays, 5.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 236, by Senator Zeldin, Senate Print 3816, an act to amend Chapter 719 of the Laws of 1982.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 248, by Senator Larkin, Senate Print 2790, an act to amend the Highway Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 254, by Senator Marcellino, Senate Print 1513, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 30th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 267, by Senator Griffo, Senate Print 2233, an act to amend the State Technology Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the 120th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT SAVINO:The bill is passed.
Senator Libous, that completes the reading of the noncontroversial calendar.
SENATOR LIBOUS:Thank you, Madam President.
Madam President, Senator Klein and Senator Skelos hand up the following committee changes and ask that such changes be filed in the Journal.
ACTING PRESIDENT SAVINO:So ordered.
SENATOR GIANARIS:Point of order, Madam President.
ACTING PRESIDENT SAVINO:Senator Gianaris, why do you rise?
SENATOR GIANARIS:According to Rule 8 of the Senate Rules, the committee membership throughout the Senate is very strictly defined by a percentage of the Majority Coalition members as well as Democratic Conference members.
I believe the hand-up that was provided to you lowers the percentage of this body that belongs to the Majority Coalition from 57 percent to 56 percent. And as we read the rules, that means that the Banks, Insurance, Labor and Rules Committees are currently overpopulated with Majority Coalition members.
And I would ask for an interpretation of the rules and advisement on how to proceed.
ACTING PRESIDENT SAVINO:One will be forthcoming in a moment.
SENATOR LIBOUS:Madam President.
ACTING PRESIDENT SAVINO:Senator Libous.
SENATOR LIBOUS:Madam President, maybe I can be helpful.
We have made changes on committees for years here in the Senate for various reasons -- members pass on, people resign, people want to be taken off committees, a whole host of reasons. And while I understand Senator Gianaris's point about committee makeup and membership, I don't believe that that is an issue that needs to be addressed at this immediate session, as we are taking action on those committees that he did mention. But that action could be addressed shortly thereafter.
SENATOR GIANARIS:Madam President, I'd only ask that that issue is addressed before any of these committees actually meet so that we have it all in order before we take a committee vote that perhaps would be invalid because the membership is not in conformance with the rules.
SENATOR LIBOUS:Madam President, I'm not sure that that conforms directly with the rules, but I would take what the Senator says under advisement. I wouldn't guarantee or promise him anything.
SENATOR GIANARIS:Thank you, Madam President.
I reserve the right to the object if any of these committees do in fact meet with an incorrect number of members.
I'll point out also that as opposed to previous years, this is the first time that I'm aware of that the Senate has ever been put in a position where conferences have to hand up membership lists. And therefore we are in a unique position where we now have membership on these committees that is not in accordance with the percentage of members that the Majority Coalition is entitled to.
SENATOR LIBOUS:Madam President, if I could also address this.
I believe the change is not striking a particular member in this case from the conference, but it is just making changes to the committee. So the conference weighted vote has not changed.
SENATOR GIANARIS:With respect, Madam President, I'm looking at one of the hand-ups that specifically removes Senator Smith as a member of the Independent Democratic Conference, not only in his committee assignments.
SENATOR LIBOUS:And I don't believe that's been handed up yet.
ACTING PRESIDENT SAVINO:Senator Gianaris must be clairvoyant. It has not been handed up as of yet.
SENATOR GIANARIS:I didn't type this. Somebody handed it to me as the hand-up that was going to the desk, so ...
ACTING PRESIDENT SAVINO:Senator Diaz, why do you rise?
SENATOR DIAZ:Point of information. I don't know what you're talking about. Would you please tell me --
(Laughter.)
SENATOR DIAZ:Could you please tell me --
ACTING PRESIDENT SAVINO:Senator --
SENATOR DIAZ:-- inform me what is it what you're talking about.
ACTING PRESIDENT SAVINO:Senator Diaz, your point of information is well taken because I don't know what we're talking about either.
SENATOR DIAZ:You're talking about what is going around, including -- I don't understand. Tell me about it. Talk to me about it, please.
SENATOR GIANARIS:Madam President, shall I explain?
ACTING PRESIDENT SAVINO:Go ahead.
SENATOR GIANARIS:Thank you.
SENATOR LIBOUS:Madam President.
ACTING PRESIDENT SAVINO:Yes, Senator Libous.
SENATOR LIBOUS:With all due respect to my colleague, his point of order, at least for right now, is not in order. And I think we may address it shortly.
SENATOR GIANARIS:(Inaudible.)
SENATOR LIBOUS:I believe I said committees.
ACTING PRESIDENT SAVINO:Yes, Senator Libous handed up the committee assignments, not the conference assignment.
SENATOR LIBOUS:But the conference membership has not changed yet.
ACTING PRESIDENT SAVINO:So would you like to withdraw your point of order and wait until it is more appropriate?
SENATOR GIANARIS:I will. Thank you, Madam President.
ACTING PRESIDENT SAVINO:Thank you, Senator Gianaris.
So with respect to the hand-up of committee assignments, so ordered.
SENATOR LIBOUS:Thank you.
Madam President, is there any further business at the desk?
(Laughter.)
ACTING PRESIDENT SAVINO:There is no further business at the desk.
SENATOR LIBOUS:Okay. There may be, so just hold on one second.
ACTING PRESIDENT SAVINO:There might be, but there isn't yet.
SENATOR LIBOUS:Madam President, I am going to recommend that the Senate stand at ease. And we will come back shortly.
ACTING PRESIDENT SAVINO:The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 3:50 p.m.)
(Whereupon, the Senate reconvened at 4:10 p.m.)
ACTING PRESIDENT SAVINO:The Senate will come to order.
Senator Libous.
SENATOR LIBOUS:Madam President, would you call on Senator Valesky, please.
ACTING PRESIDENT SAVINO:Senator Valesky.
SENATOR VALESKY:Madam President, Senator Klein hands up the following IDC Conference membership changes and asks that such changes be filed in the Journal.
ACTING PRESIDENT SAVINO:So ordered.
SENATOR GIANARIS:Point of order, Madam President.
ACTING PRESIDENT SAVINO:Senator Gianaris.
SENATOR GIANARIS:I should just refer you back to the previous conversation.
But it's my understanding, under Rule 8, that since the percentage of this body that is of the Majority Coalition has dropped from 57 percent to 56 percent, that there are at least four committees that are now overpopulated with Majority coalition members.
And I would ask if either the hand-up you just referenced or an additional hand-up is forthcoming to remove a member from each of the Banks, Insurance, Labor and Rules Committees.
ACTING PRESIDENT SAVINO:Senator Gianaris, your point is out of order.
The issues that you have raised will be determined by the Majority Coalition in consultation with the Secretary of the Senate, as they always have been.
SENATOR GIANARIS:Madam President, it is my understanding --
ACTING PRESIDENT SAVINO:Senator Gianaris.
SENATOR GIANARIS:It is my understanding that we are currently in violation of Senate Rule 8. As we sit here, there has been a hand-up that has changed the percentage of this body that is of the Majority Coalition. And I don't know how it could be out of order to --
SENATOR LIBOUS:Madam President.
ACTING PRESIDENT SAVINO:Yes, Senator Libous.
SENATOR LIBOUS:Could I ask Senator Gianaris a question.
ACTING PRESIDENT SAVINO:Senator Gianaris, do you yield?
SENATOR LIBOUS:Senator Gianaris, are you saying that the Democratic Conference is picking up Senator Smith?
SENATOR GIANARIS:No, sir.
What I am saying is that there has been a hand-up to the desk that indicates that there is one fewer member of the Majority Coalition as we stand here at this moment, and the Senate Rules provide that the percentage of membership on the committees of the Senate be in accordance with the percentage of this body that is of the Majority Coalition. And therefore there are four committees at least that are overpopulated with Majority Coalition members right now.
ACTING PRESIDENT SAVINO:Senator Gianaris, I've already ruled your point out of order and stated that these are issues that have always been determined by consultation of the leader of the Senate -- the leaders, in this instance -- and the Secretary of the Senate.
Are you going to appeal the ruling of the chair?
SENATOR GIANARIS:No, Madam President.
But I would like to reserve my right to revisit this issue and object to the validity of any votes taken by any of the aforementioned committees because they are currently composed in violation of the rules. Which are adopted by this entire body, not determined by the coalition leaders in conformity with the Secretary of the Senate.
So we're operating in violation of Senate Rule 8 as we speak. I don't think it's within the power of the Secretary of the Senate to remedy that. It is something that we have to address as a body, as we did when we adopted the rules in the first place.
But I will continue to object as these committees do their business if they remain overpopulated.
ACTING PRESIDENT SAVINO:Senator Gianaris, you reserve whatever rights are conferred upon you by the rules of the Senate, no more, no less.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
Is there any further business at the desk?
ACTING PRESIDENT SAVINO:There is no further business at the desk.
SENATOR LIBOUS:That's good.
(Laughter.)
SENATOR LIBOUS:There being no further business, I move that we adjourn until Tuesday, April 16th, at 3:00 p.m.
ACTING PRESIDENT SAVINO:There being no further business before the Senate, we will stand adjourned until Tuesday, April 16th, at 3:00 p.m.
(Whereupon, at 4:14 p.m., the Senate adjourned.)
Highest impact first.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.