Regular Session - March 6, 2013

                                                                   693

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    March 6, 2013

11                     3:51 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  


                                                               694

 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 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT VALESKY:   With us 

10   this afternoon to offer an invocation is 

11   Apostle Leeds Jean, from True Vine Ministries 

12   The Last Resort International, in Brooklyn.

13                APOSTLE JEAN:   Our Father, we give 

14   You praise.  Our Father, we bless and magnify 

15   Your name.  Our Father, we invite Your holy 

16   presence in this place.  

17                Father God, according to the set 

18   order by which we have set for this nation, we 

19   pray for each and every person here, each and 

20   every family represented here, each and every 

21   city and state represented here.  

22                We pray, Father God, and I speak 

23   Your peace over each and every member here.  I 

24   speak Your peace, O God, over every city 

25   represented here.  And I speak that You, by the 


                                                               695

 1   spirit of wisdom, by the spirit of knowledge, by 

 2   the spirit of counsel, You will enable, 

 3   Father God, each and every member, Father God, 

 4   that they will do what they need and have to do 

 5   in this place.

 6                We pray and we thank You, in Jesus' 

 7   name, amen.

 8                ACTING PRESIDENT VALESKY:   The 

 9   reading of the Journal.  

10                The Secretary will read.

11                THE SECRETARY:   In Senate, 

12   Tuesday, March 5th, the Senate met pursuant to 

13   adjournment.  The Journal of Monday, March 4th, 

14   was read and approved.  On motion, Senate 

15   adjourned.

16                ACTING PRESIDENT VALESKY:   Without 

17   objection, the Journal stands approved as read.

18                Presentation of petitions.

19                Messages from the Assembly.

20                Messages from the Governor.

21                Reports of standing committees.

22                Reports of select committees.

23                Communications and reports from 

24   state officers.

25                Motions and resolutions.


                                                               696

 1                Senator Libous.

 2                SENATOR LIBOUS:   Thank you, 

 3   Mr. President.

 4                I have three motions.  And as soon 

 5   as I put my glasses on, I'd be happy to move 

 6   forward here.

 7                On behalf of my colleague Senator 

 8   Marcellino, on page 9 I offer the following 

 9   amendments to Calendar Number 17, Senate Print 

10   1511, and I ask that the said bill please retain 

11   its place on the Third Reading Calendar.

12                ACTING PRESIDENT VALESKY:   The 

13   amendments are received, and the bill will 

14   retain its place on the Third Reading Calendar.  

15                SENATOR LIBOUS:   Thank you, 

16   Mr. President.  

17                On behalf of Senator Maziarz, on 

18   page 14 I offer the following amendments to 

19   Calendar Number 102, Senate Print 3806A, and ask 

20   that said bill retain its place on the Third 

21   Reading Calendar.

22                ACTING PRESIDENT VALESKY:   Those 

23   amendments are also received, and the bill will 

24   retain its place on the Third Reading Calendar.

25                Senator Libous.  


                                                               697

 1                SENATOR LIBOUS:   On behalf of 

 2   Senator Ball, Mr. President, I move that the 

 3   following bill be discharged from its respective 

 4   committee and have it please recommitted with 

 5   instructions to strike the enacting clause.  And 

 6   that would be Senate Print 2567.

 7                ACTING PRESIDENT VALESKY:   So 

 8   ordered.

 9                Senator Libous.

10                SENATOR LIBOUS:   Thank you, 

11   Mr. President.  Could we hold on one second.  

12                Mr. President, at this time could we 

13   have the noncontroversial reading of the 

14   calendar, please.

15                ACTING PRESIDENT VALESKY:   The 

16   Secretary will proceed with the noncontroversial 

17   reading of the calendar.

18                THE SECRETARY:   Calendar Number 

19   119, by Senator Fuschillo, Senate Print 759, an 

20   act to amend the Penal Law.

21                ACTING PRESIDENT VALESKY:   Read the 

22   last section.

23                THE SECRETARY:   Section 6.  This 

24   act shall take effect on the first of November.

25                ACTING PRESIDENT VALESKY:   Call the 


                                                               698

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 59.  Nays, 1.  

 4   Senator Montgomery recorded in the negative.  

 5                ACTING PRESIDENT VALESKY:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   120, by Senator Fuschillo, Senate Print 778, an 

 9   act to amend the Penal Law.

10                ACTING PRESIDENT VALESKY:   Read the 

11   last section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect on the first of November.

14                ACTING PRESIDENT VALESKY:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 59.  Nays, 1.  

18   Senator Montgomery recorded in the negative.  

19                ACTING PRESIDENT VALESKY:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   121, by Senator Maziarz, Senate Print 1058, an 

23   act to amend the Penal Law.

24                ACTING PRESIDENT VALESKY:   Read the 

25   last section.


                                                               699

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the first of November.

 3                ACTING PRESIDENT VALESKY:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 60.

 7                ACTING PRESIDENT VALESKY:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   122, by Senator Marcellino, Senate Print 1498, an 

11   act to amend the Penal Law.

12                ACTING PRESIDENT VALESKY:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the first of January.

16                ACTING PRESIDENT VALESKY:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 60.

20                ACTING PRESIDENT VALESKY:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   123, by Senator Marcellino, Senate Print 1507, an 

24   act to amend the Penal Law.

25                ACTING PRESIDENT VALESKY:   Read the 


                                                               700

 1   last section.

 2                THE SECRETARY:   Section 6.  This 

 3   act shall take effect on the first of November.

 4                ACTING PRESIDENT VALESKY:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT VALESKY:   Announce 

 8   the results.

 9                THE SECRETARY:   In relation to 

10   Calendar Number 123, those recorded in the 

11   negative are Senators Montgomery and Perkins.  

12                Ayes, 58.  Nays, 2.

13                ACTING PRESIDENT VALESKY:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   124, by Senator Grisanti, Senate Print 1590, an 

17   act to amend the Penal Law.

18                ACTING PRESIDENT VALESKY:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect on the 180th day.

22                ACTING PRESIDENT VALESKY:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 60.  Nays, 


                                                               701

 1   1.  Senator Montgomery recorded in the negative.

 2                ACTING PRESIDENT VALESKY:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   125, by Senator Bonacic, Senate Print 2040, an 

 6   act to amend the Penal Law.

 7                SENATOR GIANARIS:   Lay it aside.  

 8                ACTING PRESIDENT VALESKY:   The bill 

 9   is laid aside.

10                THE SECRETARY:   Calendar Number 

11   126, by Senator Golden, Senate Print 2174, an act 

12   to amend the Civil Rights Law.

13                ACTING PRESIDENT VALESKY:   Read the 

14   last section.

15                THE SECRETARY:   Section 6.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT VALESKY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 60.  Nays, 

21   1.  Senator Perkins recorded in the negative.

22                ACTING PRESIDENT VALESKY:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   127, by Senator Young, Senate Print 2205, an act 


                                                               702

 1   to amend the Criminal Procedure Law.

 2                ACTING PRESIDENT VALESKY:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT VALESKY:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 61.

10                ACTING PRESIDENT VALESKY:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   128, by Senator Klein, Senate Print 2322, an act 

14   to amend the Penal Law.

15                ACTING PRESIDENT VALESKY:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the 90th day.  

19                ACTING PRESIDENT VALESKY:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   In relation to 

23   Calendar Number 128, those recorded in the 

24   negative are Senators Montgomery and Perkins.  

25                Ayes, 59.  Nays, 2.  


                                                               703

 1                ACTING PRESIDENT VALESKY:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   129, by Senator Gallivan, Senate Print 2511, an 

 5   act to amend the Penal Law.

 6                SENATOR GIANARIS:   Lay it aside.

 7                ACTING PRESIDENT VALESKY:   The bill 

 8   is laid aside.

 9                THE SECRETARY:   Calendar Number 

10   133, by Senator Fuschillo, Senate Print 736, an 

11   act to amend the Vehicle and Traffic Law.

12                ACTING PRESIDENT VALESKY:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT VALESKY:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 61.

20                ACTING PRESIDENT VALESKY:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   135, by Senator Fuschillo, Senate Print 753, an 

24   act to amend the Vehicle and Traffic Law.

25                ACTING PRESIDENT VALESKY:   Read the 


                                                               704

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the 120th day.

 4                ACTING PRESIDENT VALESKY:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 61.

 8                ACTING PRESIDENT VALESKY:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   139, by Senator Lanza, Senate Print 2455, an act 

12   to enact.

13                ACTING PRESIDENT VALESKY:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect on the 180th day.

17                ACTING PRESIDENT VALESKY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 61.

21                ACTING PRESIDENT VALESKY:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   141, by Senator Nozzolio, Senate Print 3302, an 

25   act to amend the Public Health Law.


                                                               705

 1                ACTING PRESIDENT VALESKY:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT VALESKY:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 61.

 9                ACTING PRESIDENT VALESKY:   The bill 

10   is passed.

11                THE SECRETARY:  Calendar Number 142, 

12   by Senator Little, Senate Print 3495, an act to 

13   authorize certain healthcare professionals.

14                ACTING PRESIDENT VALESKY:   Read the 

15   last section.

16                THE SECRETARY:  Section 2.  This act 

17   shall take effect July 24, 2013.

18                ACTING PRESIDENT VALESKY:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 61.  

22                ACTING PRESIDENT VALESKY:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   144, by Senator Griffo, Senate Print 2755, an act 


                                                               706

 1   to amend Chapter 912 of the Laws of 1920.

 2                SENATOR GIANARIS:   Lay it aside.

 3                ACTING PRESIDENT VALESKY:   The bill 

 4   is laid aside.

 5                Senator Libous, that completes the 

 6   noncontroversial reading of the calendar.

 7                SENATOR LIBOUS:   Thank you, 

 8   Mr. President.

 9                At this time could we move to the 

10   controversial reading of the calendar.

11                ACTING PRESIDENT VALESKY:   The 

12   Secretary will proceed with the reading of the 

13   controversial calendar.  I ask that the bells be 

14   rung and that members come to the chamber so that 

15   we may proceed.

16                The Secretary will place Calendar 

17   Number 125 before the Senate.

18                THE SECRETARY:   Calendar Number 

19   125, by Senator Bonacic, Senate Print 2040, an 

20   act to amend the Penal Law.

21                SENATOR SQUADRON:   Explanation.

22                ACTING PRESIDENT VALESKY:   Senator 

23   Bonacic, an explanation was requested by 

24   Senator Squadron.

25                SENATOR BONACIC:   Thank you, 


                                                               707

 1   Mr. President.

 2                Let me tell you, first of all, what 

 3   the existing law is.  And this legislation is an 

 4   amendment to the existing law that we wish to 

 5   pass.  It concerns inmates and how they behave in 

 6   a prison towards correction officers.  

 7                And right now it is a crime for an 

 8   inmate to cause blood, seminal fluid, urine or 

 9   feces to come into contact with a correction 

10   officer who that inmate believes is a 

11   correctional officer.  

12                And the purpose of this legislation 

13   is an amendment to 240.32 of the Penal Law.  And 

14   the reason for this coming forward, there was a 

15   president of the Orange County PBA by the name of 

16   David Estrada, and he said the law has to be 

17   clarified, because if there is an intent to place 

18   these substances on a correction officer, to 

19   intentionally try to spit in his direction, these 

20   things are not covered.  

21                And they gave the specific instance 

22   where there was a toilet bowl that was emptied on 

23   a correction officer, placed on his body.  There 

24   was no blood, there was no urine, there was no 

25   feces.  And that was dismissed because the 


                                                               708

 1   existing legislation did not cover it.  

 2                And what we want to do is to clarify 

 3   that language, that if you spit or you place 

 4   these substances on a correction officer, then 

 5   you will be guilty of a crime.  And that's what 

 6   that legislation does.  

 7                These correction officers are always 

 8   in harm's way with the job that they do, and it's 

 9   another protection that we're trying to put 

10   forward to make sure that inmates are discouraged 

11   from coming with creative ways to do harmful 

12   things without coming under the existing law.

13                That's the purpose of the 

14   legislation.

15                ACTING PRESIDENT VALESKY:   Senator 

16   Squadron.

17                SENATOR SQUADRON:   If the Senator 

18   would yield.

19                ACTING PRESIDENT VALESKY:   Thank 

20   you.  

21                Senator Bonacic, do you yield to a 

22   question?  

23                SENATOR BONACIC:   Of course.

24                ACTING PRESIDENT VALESKY:   Senator 

25   Bonacic yields.


                                                               709

 1                SENATOR SQUADRON:   First of all, I 

 2   thank the sponsor for his explanation of the 

 3   bill.  And certainly the goal to protect 

 4   correction officers who are in harm's way day in 

 5   and day out is a laudable one.  

 6                Let me just ask the sponsor, do you 

 7   need to purposefully have a corrections officer 

 8   come into contact with saliva in order to be 

 9   guilty under this bill?  

10                SENATOR BONACIC:   Are you saying 

11   that the burden is on the correction officer to 

12   get in the way of what the inmate is doing?  Or 

13   does the inmate have the intent to do this to the 

14   correction officer?  

15                SENATOR SQUADRON:   Is the inmate 

16   required to have intent?  

17                SENATOR BONACIC:   Yes, he does.  

18   The inmate has to have the intent to do this.

19                SENATOR SQUADRON:   And if the 

20   sponsor would continue to yield.

21                SENATOR BONACIC:   Yes, I will.

22                ACTING PRESIDENT VALESKY:   Senator 

23   Bonacic yields.

24                SENATOR SQUADRON:   When you say "do 

25   this," what do you mean?  Can you just describe 


                                                               710

 1   what "this" is?  

 2                SENATOR BONACIC:   Senator Squadron, 

 3   could you speak a little more into the mike and 

 4   more slowly?  I'm not hearing you that well.

 5                SENATOR SQUADRON:   Absolutely.  

 6                The sponsor in his response to the 

 7   last question said the inmate would have to have 

 8   intent to do this.  I'm just wondering what 

 9   "this" is, if the sponsor could just describe 

10   "this."

11                SENATOR BONACIC:   If the inmate, 

12   let's say, has AIDS and the inmate -- and there's 

13   a correction officer that's in the proximity of 

14   the inmate.  And the inmate spits, intentionally 

15   spits at the correction officer.  Whether he hits 

16   him or not, it's a crime if he intentionally 

17   tried to place the spit on the correction 

18   officer.

19                SENATOR SQUADRON:   If the sponsor 

20   would continue to yield.

21                ACTING PRESIDENT VALESKY:   Senator 

22   Bonacic, do you continue to yield?  

23                SENATOR BONACIC:   I do.

24                ACTING PRESIDENT VALESKY:   The 

25   Senator yields.  


                                                               711

 1                SENATOR SQUADRON:   Thank you.  

 2                Just to be clear, because as I read 

 3   the legislation, there's certainly an intent 

 4   component here, but the intent is to harass, 

 5   annoy, threaten or alarm a person, as the chair 

 6   of Codes and I discussed in a committee meeting 

 7   last week.  I think there are some colleagues who 

 8   think that I have spoken on the floor 

 9   occasionally with the intent to annoy, harass, or 

10   aggravate a colleague.

11                SENATOR BONACIC:   I would never say 

12   that, Danny.

13                (Laughter.)

14                SENATOR SQUADRON:   I appreciate 

15   that.

16                But the intent, as I read the bill, 

17   is not actually on the contact with the saliva, 

18   in the case of the first part of the amendment, 

19   but actually is the intent to irritate.  And then 

20   the contact with the saliva could be mistaken; is 

21   that correct?  

22                SENATOR BONACIC:   When you say 

23   "mistaken," I gave the example of a toilet bowl 

24   being emptied on a correction officer.  There was 

25   an intent to harm.  But under the legislation, 


                                                               712

 1   when you try to place something on a correction 

 2   officer, the language is not clear under our 

 3   existing legislation.  And I'm trying to give 

 4   more clarity to the definition of what already 

 5   exists.  

 6                And because there was no blood, 

 7   there was no fetus {sic}, there was no urine in 

 8   the contents of that fluid, the prosecution could 

 9   not -- there was no crime against the correction 

10   officer.  And we're trying to cover those 

11   specific situations that go on in a correction 

12   facility.

13                SENATOR SQUADRON:   Would the 

14   sponsor continue to yield?  

15                SENATOR BONACIC:   Yes, I would, of 

16   course.  

17                ACTING PRESIDENT VALESKY:   The 

18   sponsor yields.

19                SENATOR SQUADRON:   And certainly I 

20   hear the sponsor.  Inadvertent or mistaken 

21   contact, causing inadvertent or mistaken contact 

22   with the contents of a toilet bowl are one 

23   thing.  Inadvertent or mistaken contact with 

24   saliva, when the only intent is to aggravate or 

25   harass, is separate.  


                                                               713

 1                So let me just ask -- I understand 

 2   the example about the toilet bowl.  And certainly 

 3   that seems like a situation that does need to be 

 4   remedied legislatively.  Are there any examples 

 5   of saliva that have not been able to be dealt 

 6   with?  

 7                SENATOR BONACIC:   No, not saliva, 

 8   because presently it is covered.  Let me give you 

 9   an example.  As I said before, the existing law, 

10   if I cause blood, seminal fluid, urine or 

11   feces -- what you're saying, you're raising the 

12   issue specifically of saliva.  

13                Now, normally, if an inmate is 

14   spitting, you have to prove that he had an intent 

15   to want to spit at the correction officer.  

16   Whether he hits him or not is not the crime; the 

17   crime was to spit at him.  So it's again covering 

18   a situation where you're placing a fluid -- in 

19   this case, saliva -- on that correction officer.  

20   And you know, I guess it can be a communicable 

21   disease.  

22                So that's the purpose of this 

23   legislation, to give clarity to the existing 

24   law.  If you ask me how many instances there are 

25   where they've been spitting at inmates {sic}, I 


                                                               714

 1   could not honestly tell you.  But I will tell you 

 2   this, that in 2011 this bill passed this house 59 

 3   to 0 and in 2012, February of 2012, it passed 57 

 4   to 3.  This is the same bill.

 5                ACTING PRESIDENT VALESKY:   Senator 

 6   Squadron.

 7                SENATOR SQUADRON:   If the sponsor 

 8   would continue to yield.

 9                ACTING PRESIDENT VALESKY:   Senator 

10   Bonacic?

11                SENATOR BONACIC:   I do.

12                ACTING PRESIDENT VALESKY:   The 

13   sponsor yields.

14                SENATOR SQUADRON:   I'm not sure 

15   that I have more clarity at this point on it.  

16   Just to understand, and then I'll speak on the 

17   bill.  So the final question here.  

18                The sponsor seems to have said 

19   that -- and I just want to understand the 

20   sponsor's intent -- that this creates a felony if 

21   there's the intent to spit at a corrections 

22   officer and contact is made, where currently that 

23   may or may not be the law, and this is just a 

24   clarification.  Is that the sponsor's intent?

25                SENATOR BONACIC:   The answer is 


                                                               715

 1   yes.  The key to the criminal activity is the 

 2   intent to do harm.  That's the substance of the 

 3   crime.  And that would be a way of doing it, 

 4   through saliva.  It would be a question of fact 

 5   whether he truly intended to spit.  If he missed, 

 6   you know, it's a stronger argument that there was 

 7   not intent to spit on the officer.  

 8                But what we're trying to do is 

 9   discourage conduct that puts our correction 

10   officers in harm's way.  I gave you the flagrant 

11   example of placing the toilet bowl.  But any kind 

12   of fluid that you would direct with intent 

13   towards an officer by placing it on him would be 

14   encompassed in this legislation.  

15                There's -- the existing language 

16   under the law is not clear, and we're trying to 

17   give it more definition.  The state correction 

18   officers have asked for this legislation, and the 

19   police benevolent associations have asked for 

20   this legislation.

21                ACTING PRESIDENT VALESKY:   Senator 

22   Squadron.

23                SENATOR SQUADRON:   Thank you.  On 

24   the bill.

25                ACTING PRESIDENT VALESKY:   Senator 


                                                               716

 1   Squadron on the bill.

 2                SENATOR SQUADRON:   And I thank the 

 3   sponsor for answering my questions.  And again, 

 4   you know, the intent here is significant.  

 5   Certainly the example -- call it the toilet bowl 

 6   example -- that the sponsor gave seems to be one 

 7   that does need a legislative fix.  

 8                The issue here is that this law 

 9   vastly expands beyond that to any inadvertent 

10   contact with saliva.  And I've actually got to 

11   tell you, I agree with the sponsor's intent a lot 

12   more than the reality of the bill here.  If only 

13   the intent made the code.  

14                The issue here is you've committed a 

15   crime under this statute if you have the intent 

16   to harass, annoy, threaten or alarm a person and 

17   then there is some contact with saliva.  And 

18   you've created a felony for someone without any 

19   additional requirement at all.

20                So if someone is being harassing, 

21   annoying, threatening, alarming and there's 

22   contact with their saliva, even if it's placed -- 

23   I notice we also add the word "expectorate," 

24   which may or may not exist in the criminal code 

25   as it is.  But even if it's placed on or 


                                                               717

 1   inadvertently makes contact with a corrections 

 2   officer, that is a felony.

 3                That just doesn't make sense and 

 4   doesn't actually sound consistent with the 

 5   sponsor's intent.  I think the sponsor's intent, 

 6   the intent of those who support this bill is a 

 7   laudable one, and I look forward to seeing a bill 

 8   that I can support, certainly to deal with the 

 9   example that the sponsor talks about, certainly 

10   to deal with any other way in which it's not 

11   possible to protect corrections officers right 

12   now.

13                I don't think it's in anyone's 

14   interest to create a felony out of spittle in an 

15   irritating way.  It's just not -- it's not a 

16   felony.  It doesn't seem to be the sponsor's 

17   intent, the sponsor and I agree on that.  So I 

18   would really urge that we withdraw the bill so we 

19   can pass a bill that meets the sponsor's intent, 

20   deal with what we can, not have a one-house bill 

21   that passes here annually and is not going to 

22   become law.  

23                So I would urge my colleagues to 

24   vote no on the bill or urge the sponsor to 

25   withdraw the bill so that we can see one that 


                                                               718

 1   actually is going to solve the issue of 

 2   protecting corrections officers who it seems 

 3   currently need to be protected with a stronger 

 4   law, not just a bill that would create a felon 

 5   out of someone who has a spittle problem.  

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT VALESKY:   Thank 

 8   you, Senator Squadron.

 9                Senator Nozzolio.

10                SENATOR NOZZOLIO:   Mr. President, 

11   on the bill.

12                ACTING PRESIDENT VALESKY:   Senator 

13   Nozzolio on the bill.

14                SENATOR NOZZOLIO:   Mr. President 

15   and my colleagues, I am applauding Senator 

16   Bonacic for taking this issue up.  

17                This issue is one that is an issue 

18   of workplace safety.  It's an issue that we in 

19   this house established many years ago a course of 

20   conduct that we would not accept in our 

21   correctional facilities in this state.  The 

22   course of conduct was that those brave men and 

23   women, those correction officers and other 

24   correctional employees who work behind the walls 

25   of our prisons, who walk the toughest law 


                                                               719

 1   enforcement beat in America, who do so under 

 2   extreme peril, would be protected by the laws of 

 3   this state.  

 4                And the laws of this state, up until 

 5   a decade ago, were woefully inadequate regarding 

 6   inmates who use and deploy their bodily fluids as 

 7   weapons.  We're not talking about a dance hall, 

 8   we're not talking about a playground, we're not 

 9   talking about an athletic field, we're talking 

10   about one of the most dangerous places in 

11   America.  We're talking about very serious, 

12   hardened, violent criminals.  

13                We're addressing this issue under 

14   Senator Bonacic's legislation for what purpose?  

15   We're trying to protect those brave men and women 

16   who serve at tremendous peril each and every 

17   day.  

18                Senator Squadron's arguments were 

19   raised in committee.  I thought they were 

20   dispelled in committee.  The fact of the matter 

21   is this Senate has a choice.  The choice is 

22   simple.  You either protect correction officers 

23   and those who work in the most stressful 

24   conditions in this state, or you do not.  That's 

25   the choice you have.  


                                                               720

 1                And I thank Senator Bonacic for 

 2   trying to add to the protections that already 

 3   exist for -- and the consequences of which have 

 4   been prosecuted for those who have used other 

 5   bodily fluids as weapons.  There are cases across 

 6   this state where the intentional use has led to a 

 7   felony conviction.  And believe it or not, that 

 8   has also led to a reduction in this type of 

 9   conduct in the first place.  It is a deterrent to 

10   others who hope to gain advantage to use an 

11   attack against COs particularly, but other 

12   correctional personnel like nurses, like 

13   teachers, like custodial personnel.

14                Thank you, Senator Bonacic, for this 

15   legislation.  It will enhance workplace safety in 

16   one of the toughest workplace environments that 

17   we have in our state today.

18                Mr. President, I support this 

19   legislation and hope it will become law.

20                ACTING PRESIDENT VALESKY:   Thank 

21   you, Senator Nozzolio.

22                Senator Hoylman.

23                SENATOR HOYLMAN:   Mr. President, on 

24   the bill.

25                ACTING PRESIDENT VALESKY:   Senator 


                                                               721

 1   Hoylman on the bill.

 2                SENATOR HOYLMAN:   I wanted to make 

 3   clear that I believe that the kernel of this bill 

 4   is actually based in a profound misunderstanding 

 5   as to how HIV and AIDS is transmitted.

 6                You heard the sponsor say that one 

 7   of the concerns was that if an inmate spits AIDS, 

 8   could be transmitted.  Well, the fact of the 

 9   matter is, Mr. President, AIDS and HIV is not 

10   transmitted by casual contact, which includes an 

11   individual spitting on another individual.  

12                In fact, I'll read for you the 

13   New York State Department of Health regulations, 

14   Section 6310:  "Circumstances that involve 

15   significant risk shall not include exposure to 

16   urine, feces, sputum, nasal secretions and 

17   saliva."  

18                Mr. President, this bill is 

19   addressing a problem that does not exist in the 

20   reality of science or health, and I oppose this 

21   bill.

22                ACTING PRESIDENT VALESKY:   Thank 

23   you, Senator Hoylman.

24                Senator Bonacic to close the debate.

25                SENATOR BONACIC:   Just on the bill.


                                                               722

 1                The existing law does not make it a 

 2   crime to do an unintentional act.  That's point 

 3   number one.  Okay?  

 4                What we are trying to do here is to 

 5   say that any intentional act to injure, harass, 

 6   or aggravate a correction officer has to be 

 7   protected and that conduct has to be discouraged 

 8   by an inmate.  That's the purpose of this 

 9   legislation.

10                So Senator Squadron and I focused a 

11   lot in our discussions, and I kept saying intent, 

12   intent, intent.  It was obvious with the toilet 

13   bowl.  That was an outrageous act that you could 

14   relate to.

15                And the spitting maybe -- some 

16   Senators say it's not as outrageous and maybe it 

17   shouldn't fall into that category.  That's what 

18   I'm sensing from the discussions.  But I want to 

19   make it clear.  Existing law, unintentional act 

20   is not a crime, no matter what the activity is or 

21   what may or may happen between an inmate and a 

22   correction officer.  

23                But if it's an intentional act, 

24   whether it's spitting, fetus {sic}, urine, 

25   throwing a toilet bowl at him or everything in 


                                                               723

 1   it, we want to make that a crime.  

 2                Thank you, Mr. President.  I vote 

 3   yes.

 4                ACTING PRESIDENT VALESKY:   Thank 

 5   you, Senator Bonacic.

 6                Seeing no other Senator who wishes 

 7   to be heard, the debate is closed.  The Secretary 

 8   will ring the bells.  All Senators should proceed 

 9   immediately to the chamber so that we may move 

10   forward with the roll call.

11                The Secretary will read the last 

12   section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the first of November.

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:   In relation to 

21   Calendar Number 125, those recorded in the 

22   negative are Senators Hoylman, Krueger, 

23   Montgomery, Sanders and Squadron.  

24                Absent from voting:  Senator Adams.

25                Ayes, 56.  Nays, 5.


                                                               724

 1                ACTING PRESIDENT VALESKY:   The bill 

 2   is passed.

 3                SENATOR LIBOUS:   Mr. President.

 4                ACTING PRESIDENT VALESKY:   Senator 

 5   Libous.

 6                SENATOR LIBOUS:   Before we continue 

 7   the reading of the controversial calendar, I 

 8   would ask all members that we have two more bills 

 9   to do today.  We need you to be in your seats to 

10   vote on those bills.  I would ask that if you 

11   have business, keep it directly outside the 

12   chamber, because we all would like to move the 

13   process along and we want to be fair to all of 

14   the colleagues here.  

15                And we understand that there are 

16   meetings and things going on because of 

17   negotiations.  Please let your respective staff 

18   people know exactly where you're going to be, 

19   because we will move along without you if, after 

20   a reasonable amount of time, you are not 

21   present.  

22                Thank you, Mr. President.  If we 

23   could continue with the calendar.

24                ACTING PRESIDENT VALESKY:   Thank 

25   you, Senator Libous.


                                                               725

 1                The Secretary will place Calendar 

 2   Number 129 before the Senate.

 3                THE SECRETARY:   Calendar Number 

 4   129, by Senator Gallivan, Senate Print 2511, an 

 5   act to amend the Penal Law.

 6                SENATOR KRUEGER:   Explanation.

 7                ACTING PRESIDENT VALESKY:   Senator 

 8   Gallivan.

 9                SENATOR GALLIVAN:   Thank you, 

10   Mr. President.

11                This bill is known as the 

12   Trafficking Victims Protection and Justice Act.  

13   It came about as a result of a group of 

14   advocates, along with prosecutors who work with 

15   sex trafficking victims, who came to us, 

16   identified some problem areas specifically in 

17   helping victims in trying to work to shut down 

18   sex trafficking.  

19                And essentially what it does, it 

20   amends a number of laws in an effort to increase 

21   the accountability and penalties for traffickers 

22   and those that are patronizing those that are 

23   victims of this, and conforms the ages of victims 

24   in certain prostitution offenses to the ages of 

25   victims in the rape offenses in order to protect 


                                                               726

 1   more children who are victims.

 2                ACTING PRESIDENT VALESKY:   Thank 

 3   you, Senator Gallivan.

 4                Senator Krueger.

 5                SENATOR KRUEGER:   Thank you, 

 6   Mr. President.  If through you the sponsor would 

 7   yield, please.

 8                ACTING PRESIDENT VALESKY:   Senator 

 9   Gallivan, do you yield?  

10                SENATOR GALLIVAN:   Yes.

11                ACTING PRESIDENT VALESKY:   The 

12   sponsor yields.

13                SENATOR KRUEGER:   Thank you.

14                I don't have objections to what's in 

15   this bill.  My concern is why it's missing two 

16   sections that were actually in Senator Lanza's 

17   bill.  

18                So the first section that's in 

19   Senator Lanza's bill but is not here -- and 

20   otherwise they're pretty parallel bills, 

21   Mr. President -- would be the Section 6 in 

22   Senator Lanza's bill, S2135, which is a same-as 

23   with Assemblywoman Paulin.  

24                There was a section that the 

25   defendant's participation in the offense was a 


                                                               727

 1   result of having been a victim of sex trafficking 

 2   under Section 230.34 of the Penal Law, or a 

 3   victim of trafficking under the Trafficking 

 4   Victims Protection Act, that that would be an 

 5   affirmative defense for not being found guilty of 

 6   prostitution.  

 7                And then Section 25, which again is 

 8   in Senator Lanza's bill but is not in Senator 

 9   Gallivan's bill, which would amend the Criminal 

10   Procedure Law to amend the section heading and to 

11   add -- oh, I don't need to go through all the 

12   technical, but that would allow, if brought for 

13   arraignment upon information, simplified 

14   information or misdemeanor complaint charging 

15   such an offense on the trafficked woman who's 

16   picked up in this prostitution, that this case 

17   could be brought to the Family Court and removed 

18   from the Criminal Court.

19                So it's a very long question, but my 

20   question is for Senator Gallivan, why are we not 

21   supporting the more complete bill that we 

22   actually have in this house through Senator 

23   Lanza's bill?  

24                SENATOR GALLIVAN:   Through you, 

25   Mr. President.  I am not familiar with the 


                                                               728

 1   provisions of Senator Lanza's bill, as it's not 

 2   before us.  

 3                This particular bill was passed in 

 4   exactly the form that it is in now last year, 

 5   unanimously, by Senator Saland.  As Senator 

 6   Saland is no longer with us and this is a bill 

 7   that I strongly support, I took it up and now ask 

 8   my colleagues for their support as well.

 9                ACTING PRESIDENT VALESKY:   Senator 

10   Krueger.

11                SENATOR KRUEGER:   Thank you.  

12                Through you, Mr. President, would 

13   Senator Lanza yield for a question?  

14                ACTING PRESIDENT VALESKY:   Senator 

15   Lanza, do you yield to Senator Krueger?  

16                SENATOR LANZA:   No, Mr. President.

17                ACTING PRESIDENT VALESKY:   Senator 

18   Krueger, Senator Lanza does not yield.

19                SENATOR KRUEGER:   Oh, I'm very 

20   sorry.  

21                On the bill, Mr. President.

22                ACTING PRESIDENT VALESKY:   Senator 

23   Krueger on the legislation.

24                SENATOR KRUEGER:   Thank you.  

25                As I am pointing out, I have no 


                                                               729

 1   objection to Senator Gallivan's bill and I'm 

 2   encouraging my colleagues to vote for this bill.  

 3   But -- and he's justified in explaining his bill 

 4   is before the floor.  

 5                His bill doesn't have a same-as in 

 6   the Assembly.  Senator Lanza's bill does have a 

 7   same-as in the Assembly.  So if Senator Lanza had 

 8   risen, all I was going to ask him was would he 

 9   bring his bill to the floor because in fact we 

10   would then have a same-as passing in both houses 

11   and it would be a more complete version of what 

12   the advocates have been asking us to do in this 

13   house for many years.

14                So I am certainly happy to vote for 

15   this bill today but disappointed that we're not 

16   voting on Senator Lanza's more complete bill, 

17   because I believe that one of the important 

18   lessons from human trafficking is that we need to 

19   do everything we can to prevent it from happening 

20   but we also have to make sure that our laws do 

21   not either demonize or continue to have the 

22   penalties on young people who are being exploited 

23   by human trafficking by being forced into a life 

24   of sexual prostitution.  

25                So I strongly urge this house to 


                                                               730

 1   rush to bring Senator Lanza's bill to the floor 

 2   as soon as possible, and then perhaps we can 

 3   accomplish all our goals through a two-house 

 4   same-as bill.

 5                Thank you, Mr. President.

 6                ACTING PRESIDENT VALESKY:   Thank 

 7   you, Senator Krueger.

 8                Senator Gallivan.

 9                SENATOR GALLIVAN:   There currently 

10   is not -- through you, Mr. President -- a same-as 

11   bill.  I'm working with several members of the 

12   Assembly who indicated support, they would bring 

13   this forward.  

14                I would urge, because of this issue, 

15   that we pass this, that we try to stop the 

16   scourge of human sex trafficking as soon as 

17   possible.  If we need to do more, we can be 

18   working at the same time to do more.  And I 

19   certainly would look forward to working with my 

20   colleague Senator Lanza in advancing further 

21   measures.

22                ACTING PRESIDENT VALESKY:   Thank 

23   you, Senator Gallivan.

24                Seeing no other Senators who wish to 

25   speak, the debate is closed.  


                                                               731

 1                The Secretary will ring the bell.  

 2   Senators are urged to come to the chamber so we 

 3   may move forward with the roll call.

 4                Read the last section.

 5                THE SECRETARY:   Section 35.  This 

 6   act shall take effect on the 90th day.

 7                ACTING PRESIDENT VALESKY:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT VALESKY:   Senator 

11   Montgomery to explain her vote.

12                SENATOR MONTGOMERY:   Yes, 

13   Mr. President.  Thank you.

14                I'm going to -- obviously we all 

15   have a great interest in dealing with the whole 

16   issue of sex trafficking.  And I believe, knowing 

17   that Senator Lanza does have a bill, I would 

18   prefer to be able to vote on that bill because it 

19   does do what we would like to see done.  

20                And since it's not before us and 

21   this is a one-house bill, I'm going to vote no.  

22   And I certainly hope that I will have an 

23   opportunity to vote for Senator Lanza's bill very 

24   shortly.

25                Thank you.  I'm voting no.


                                                               732

 1                ACTING PRESIDENT VALESKY:   Senator 

 2   Montgomery to be recorded in the negative.

 3                Announce the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar Number 129, those recorded in the 

 6   negative are Senators Montgomery and Perkins.  

 7                Absent from voting:  Senator Adams.  

 8                Ayes, 59.  Nays, 2.

 9                ACTING PRESIDENT VALESKY:   The bill 

10   is passed.

11                The Secretary will read.

12                THE SECRETARY:   Calendar Number 

13   144, by Senator Griffo, Senate Print 2755, an act 

14   to amend Chapter 912 of the Laws of 1920.

15                SENATOR KRUEGER:   Explanation.

16                SENATOR LIBOUS:   Mr. President, 

17   before you bring the bill up, if I could ask for 

18   some order in the chamber.  We have a very 

19   important debate coming up, and I know there's a 

20   lot of folks here today and there's a lot going 

21   on, but I do want to hear the debate.  I'm sure 

22   there will be questions of Senator Griffo, and 

23   I'm anxious to hear how he's going to answer 

24   them.

25                ACTING PRESIDENT VALESKY:   Thank 


                                                               733

 1   you, Senator Libous.  Point well-taken.

 2                We ask that the noise be kept to a 

 3   minimum.

 4                Senator Griffo, Senator Krueger has 

 5   asked for an explanation.

 6                SENATOR GRIFFO:   Thank you, 

 7   Mr. President.  

 8                I'm going to be succinct in my 

 9   explanation and be available for questions.  This 

10   bill has come before this house now -- this is 

11   the fourth time which we have considered and 

12   passed the bill.  

13                Essentially the purpose of this bill 

14   is to authorize the New York State Athletic 

15   Commission, at their discretion and at their 

16   direction, to add the mixed martial arts to a 

17   list of combat sports that may be held in 

18   New York State through matches and exhibitions in 

19   New York.

20                ACTING PRESIDENT VALESKY:   Senator 

21   Krueger.

22                SENATOR KRUEGER:   Thank you, 

23   Mr. President.

24                I appreciate the sponsor's 

25   explanation.  And he's right, I do have some 


                                                               734

 1   questions of him, if he doesn't mind.

 2                ACTING PRESIDENT VALESKY:   Senator 

 3   Griffo, do you yield?  

 4                SENATOR GRIFFO:   Certainly.

 5                ACTING PRESIDENT VALESKY:   The 

 6   sponsor yields.

 7                SENATOR KRUEGER:   Thank you.

 8                So my understanding of mixed martial 

 9   arts, also called caged fighting or ultimate 

10   fighting, which is a hybrid of traditional and 

11   nontraditional fight maneuvers, explicitly allows 

12   for punches and elbows to a grounded opponent, 

13   meaning an opponent who's already fallen to the 

14   ground.  

15                If your bill passed, would that be 

16   allowed to happen in fights that took place in 

17   New York State?  

18                SENATOR GRIFFO:   Mr. President, 

19   through you.  

20                Senator Krueger, the mixed martial 

21   arts have very specific rules and regulations 

22   which govern the competition, much similar to 

23   what we experience in professional boxing right 

24   now relative to weight classes, relative to time 

25   limits on rounds, with medical professionals 


                                                               735

 1   on-site doing examinations prior, during and 

 2   after the competition.  

 3                So there are certain rules allowed.  

 4   This is the mixed martial arts, which means 

 5   there's a combination of grappling, boxing, 

 6   jujitsu.  And everything that is entailed in 

 7   those aspects of sport would be allowed under the 

 8   rules.

 9                But again, I want to emphasize, when 

10   you talk about specifics and what may be germane 

11   to this sport, that there are very stringent 

12   regulations on what is done in the competition, 

13   in the same manner that we witness wrestling and 

14   boxing matches and bouts.

15                SENATOR KRUEGER:   Through you, 

16   Mr. President, if the sponsor would continue to 

17   yield.

18                ACTING PRESIDENT VALESKY:   Senator 

19   Griffo?  

20                SENATOR GRIFFO:   Sure.

21                ACTING PRESIDENT VALESKY:   The 

22   sponsor yields.

23                SENATOR KRUEGER:   Thank you.  

24                Well, you're absolutely right, there 

25   are standards that are applied to other 


                                                               736

 1   professional sports.  But I actually don't think 

 2   in boxing or wrestling you are allowed to punch 

 3   or elbow a grounded opponent, which was why I was 

 4   asking about whether your bill would allow this 

 5   to take place with mixed martial arts here in 

 6   this state.  

 7                So to further my questions, my 

 8   understanding is that mixed martial arts has a 

 9   disproportionate amount of injuries with 

10   lacerations to the -- facial lacerations the most 

11   common injury, accounting for nearly half of all 

12   injuries, followed by hand lacerations, followed 

13   by nose lacerations, followed by eye 

14   lacerations.  

15                If your bill became the law in 

16   New York State, would caged fighting include 

17   blows to the face, hands, feet, knees and elbows 

18   without any kind of padding worn by the fighters 

19   as it is in boxing, and would it allow punches 

20   and kicks to the head?  

21                SENATOR GRIFFO:   Mr. President, 

22   through you.  

23                Senator Krueger, first of all, I 

24   guess you can refer to it a number of different 

25   ways, but if we're going to be accurate, this is 


                                                               737

 1   the mixed martial arts.  So to call it something 

 2   different is just a matter of personal opinion.  

 3   And while I respect that, I think for the sake of 

 4   accuracy what we're talking about is a sport 

 5   known as the mixed martial arts.  

 6                There are different brands to the 

 7   sport with names such as the Ultimate Fighting 

 8   Championship, but we are dealing with this 

 9   specific issue and with this particular bill on 

10   the sport of the mixed martial arts.  Which is 

11   now allowed in 48 states across this country.  

12                Along with that, there are rules and 

13   regulations which allow for certain activity in 

14   the match or the exhibition, which include a 

15   number of things, as I indicated earlier:  

16   Grappling moves, boxing technique.  

17                So some of the things that you 

18   describe from a jab or an uppercut or a takedown, 

19   all these things are part of the sports that I 

20   have indicated to you priorly, part of wrestling 

21   or boxing.  Some are jujitsu.  It's all combined 

22   together.  And so as a result of that, whatever 

23   is allowed in those specific sports are now 

24   combined under the mixed martial arts and 

25   therefore a part of the competition.


                                                               738

 1                What I want to state, though, 

 2   Senator Krueger, is that you are inaccurate as 

 3   far as what you are indicating relative to 

 4   injuries.  As I've said before, this sport 

 5   obviously has really evolved since its 

 6   inception.  And there are very stringent rules 

 7   and regulations and a number of measures put in 

 8   place to ensure not only the safety of the 

 9   participants but also of the spectators that come 

10   to see this sport.  

11                And it is a sport which is growing 

12   significantly in fan base across this nation.  

13   Not only can you now view this particular sport 

14   on cable or pay-per-view, but also on network 

15   television.

16                So relative to safety rules, some of 

17   the things there are not -- for instance, to give 

18   you what cannot be done, you are not allowed 

19   strikes to the back of the head.  There are no 

20   small joint manipulations allowed.  There are no 

21   groin strikes allowed.  There's no hair pulling 

22   or head butting allowed.  There are no kicks to 

23   the head of a downed opponent.  So there are a 

24   number of things that are not allowed in order to 

25   ensure the safety of those fighters.  


                                                               739

 1                And what we're doing in this bill is 

 2   to allow the State Athletic Commission, which 

 3   supports this bill -- Commissioner Melvina Lathan 

 4   has been a strong supporter of allowing the sport 

 5   here in the State of New York.  And they would 

 6   have the opportunity, if they believe that 

 7   something different also should be taken into 

 8   consideration and implemented, because of a 

 9   concern for safety in any way, this authorizes 

10   them, as I indicated in my explanation of the 

11   bill, to incorporate whatever provisions or 

12   additional regulations that they feel are 

13   necessary and appropriate to ensure safety.

14                SENATOR KRUEGER:   Through you, 

15   Mr. President, if the sponsor would continue to 

16   yield.

17                ACTING PRESIDENT VALESKY:   Senator 

18   Griffo?  

19                SENATOR GRIFFO:   Yes.

20                ACTING PRESIDENT VALESKY:   The 

21   sponsor yields.

22                SENATOR KRUEGER:   Could Senator 

23   Griffo tell me what other professional sports 

24   other than MMA --

25                SENATOR GRIFFO:   Thank you.


                                                               740

 1                (Laughter.)

 2                SENATOR KRUEGER:   -- allow a flurry 

 3   of strikes to a grounded opponent known as a 

 4   "ground and pound"?  

 5                SENATOR GRIFFO:   Well, I -- 

 6   Mr. President, through you.  Senator Krueger, I 

 7   guess there's a number of techniques in a number 

 8   of sports.  And "ground and pound" is a 

 9   terminology used in the mixed martial arts as 

10   part of what has developed in this particular 

11   sport.  

12                There may be similar moves -- and I 

13   was not a wrestler or involved in that, but I 

14   know there are different grappling techniques 

15   that could be utilized and takedowns and things 

16   that -- and half nelsons, full nelsons.  So there 

17   are things that exercised and utilized in 

18   professional sport, whether it be wrestling or 

19   boxing, that are also in that particular sport 

20   allowed.  So something may be a little more 

21   unique to this sport but similar to what is 

22   taking place in other sport.  

23                Because again, as I indicated prior, 

24   the concept of the mixed martial arts is a 

25   combination of a variety of sport.


                                                               741

 1                SENATOR KRUEGER:   Through you, 

 2   Mr. President, if the sponsor would continue to 

 3   yield.

 4                ACTING PRESIDENT VALESKY:   Senator 

 5   Griffo, do you continue to yield?  

 6                SENATOR GRIFFO:   Yes.

 7                ACTING PRESIDENT VALESKY:   The 

 8   sponsor yields.

 9                SENATOR KRUEGER:   Thank you.  

10                Yes, I understand it's a combination 

11   of a number of sports, but I actually don't find 

12   other sports that allow the ground and pound as 

13   an approvable activity.  

14                But does MMA -- if we pass your 

15   bill, will the fighters here in New York State be 

16   allowed to use the chokehold, also known as the 

17   submission hold?  Which according to websites for 

18   the sport, the chokehold occurs when pressure is 

19   applied to the neck in an attempt to cut off 

20   blood flow to the brain.  

21                Can you tell me what other sports 

22   that we have legally participating in in New York 

23   State where you are allowed to and it is even 

24   described as a chokehold, attempting to cut off 

25   blood flow to the brain?  Because I distinctly 


                                                               742

 1   remember passing a law in here that doing that 

 2   outside of a ring was actually against the law.  

 3   So your bill would allow that to take place in 

 4   the ring?

 5                SENATOR GRIFFO:   Mr. President, 

 6   through you.  Again, Senator Krueger, let me 

 7   reiterate that there are various aspects to the 

 8   sport.  For instance, in professional boxing 

 9   you're not allowed to have a takedown and yet in 

10   wrestling you are allowed to have a takedown.  

11                So in this particular sport, by 

12   combining boxing, wrestling, jujitsu, muay thai, 

13   some elements of kickboxing, you have a number of 

14   these things which now take place where 

15   individually they are in a sport; now you see 

16   this collectively.  

17                So there are specific aspects that 

18   are allowed in each of those particular sports, 

19   but the risk of injury is actually less severe in 

20   this sport because -- for instance, in 

21   professional boxing you are dealing with a 

22   knockout or technical knockout, which you 

23   referred to here in a hold where someone may get 

24   someone in a grappling hold where they can tap 

25   out, or it's a submission.  As you call it, a 


                                                               743

 1   submission.  It is submission, where they can 

 2   actually tap out and not continue to fight.  

 3                You don't have that opportunity 

 4   unless you throw the towel in in professional 

 5   boxing, for instance, where you would have 

 6   somebody have to throw the towel in in order to 

 7   stop a fight.  

 8                Or a doctor at any point in time can 

 9   prevent a fight if they believe that there is a 

10   risk of injury or that it is a situation that 

11   requires their attention.  This is the important 

12   aspect of this right now, that any medical 

13   professional who are at ringside can stop any 

14   fight at any time for a reason that they feel 

15   poses a danger to the combatant.

16                SENATOR KRUEGER:   Through you, 

17   Mr. President.

18                ACTING PRESIDENT VALESKY:   Senator 

19   Krueger.

20                SENATOR KRUEGER:   Like in the crime 

21   of choking someone until they pass out?  

22   Fighters, if they have passed out, can't tap out 

23   because they've passed out from being choked and 

24   having the blood cut off.  

25                And again, I don't believe Senator 


                                                               744

 1   Griffo answered my question what other 

 2   professional sports allow a chokehold where 

 3   pressure is applied to the neck in an attempt to 

 4   cut off the blood flow to the brain.

 5                ACTING PRESIDENT VALESKY:   Senator 

 6   Krueger, are you speaking on the bill or would 

 7   you like Senator --

 8                SENATOR KRUEGER:   No, I'm just 

 9   pointing out that I believe his answer was no, he 

10   didn't know of other sports that allow that.

11                Let's talk about -- if through you, 

12   Mr. President, the sponsor will continue to 

13   yield. 

14                ACTING PRESIDENT VALESKY:   Senator 

15   Griffo, do you continue to yield?  

16                SENATOR GRIFFO:   I do.

17                ACTING PRESIDENT VALESKY:   The 

18   sponsor yields.

19                SENATOR GRIFFO:   I would like to 

20   add, before I yield, Senator Krueger, that I made 

21   an effort to try to provide you information.  It 

22   may not be satisfactory to what you want, but I 

23   don't have a list of each of the activities that 

24   are allowed under the particular sports that I 

25   discussed that are a part of the mixed martial 


                                                               745

 1   arts.  

 2                Beyond that, I also said to you that 

 3   if there is any danger posed to the athlete at 

 4   any time in the manner in which you describe -- 

 5   which I believe would require a physician's 

 6   attention -- they would not allow that.  So to 

 7   surmise or to indicate that they would allow 

 8   significant risk or injury as you have described 

 9   it, I think is inaccurate and really would not be 

10   allowed by the professionals, by the rules and 

11   regulations not only that exist but by the 

12   professionals who are at ringside, medical 

13   professionals particularly.

14                SENATOR KRUEGER:   Through you, 

15   Mr. President, if the sponsor would continue to 

16   yield.

17                ACTING PRESIDENT VALESKY:   Senator 

18   Griffo.

19                SENATOR GRIFFO:   Sure.

20                ACTING PRESIDENT VALESKY:   The 

21   sponsor yields.

22                SENATOR KRUEGER:   So as I was 

23   reading about the sport and some of the stars of 

24   the sport, there seems to be a disproportionate 

25   and I find disturbing theme of neo-Nazi 


                                                               746

 1   messaging -- tattoos, statements referencing the 

 2   Nazis and skinheads supporting the killing of 

 3   Jews.  How are we going to make sure that's not 

 4   happening in our state?

 5                SENATOR GRIFFO:   Mr. President, 

 6   through you.  Senator Krueger, with all due 

 7   respect, I would hope that -- and that's why, 

 8   again, we are trying to ensure through this bill 

 9   that the State Athletic Commission has the 

10   responsibility and the authorization for all 

11   oversight, monitoring and regulation of the sport 

12   here in the state.  And I am sure that there 

13   would be no one that would allow such activity or 

14   imagery to be portrayed.  

15                Now, to the best of my knowledge, I 

16   have not seen such as you have described, nor has 

17   anybody in any way indicated that such activity 

18   exists.  

19                When you discuss the tattoos, I 

20   think we're looking at a culture and society of 

21   the 21st century where, whether we agree with it 

22   or not, you see a lot of people with tattoos, you 

23   see a lot of body piercing right now.  I 

24   personally don't agree with a lot of that, but I 

25   know that it seems to be a generational issue.  


                                                               747

 1                And, Senator Rivera, do you have a 

 2   tattoo?  

 3                (Laughter.)

 4                SENATOR GRIFFO:   I'm sorry.  

 5                So my point is I think some of this 

 6   as far as the look of the athlete, I think it may 

 7   be also a reflection of contemporary times, 

 8   whether we agree or disagree with that, relative 

 9   to tattoos.  But I know of no way that the sport, 

10   the league, or any governmental entity would 

11   allow or tolerate any type of activity, 

12   insinuation, or discriminatory practices against 

13   anyone.

14                SENATOR KRUEGER:   Thank you.  I'm 

15   glad to hear the Senator feels that way.  I do 

16   too.  

17                Unfortunately, there are fighters 

18   with the tattoos of Nazis, swastikas, the number 

19   88, used by neo-Nazis as shorthand for "Heil 

20   Hitler," and they are competing in the other 

21   states that have allowed mixed martial arts.  

22                So I'm hoping that the Senator would 

23   agree with me that if I were to perhaps lose this 

24   debate today and it became the law of New York 

25   State, we wouldn't allow this type of messaging 


                                                               748

 1   through advertising, clothing, outfits worn 

 2   during mixed martial arts.  And I guess it would 

 3   be a little hard to tell them to remove their 

 4   tattoos.  Perhaps we could make them cover their 

 5   tattoos when they were fighting in New York 

 6   State.  

 7                If through you, Mr. President, the 

 8   sponsor would continue to yield.

 9                ACTING PRESIDENT VALESKY:   Senator 

10   Griffo.

11                SENATOR GRIFFO:   I will.  

12                And I will say this to Senator 

13   Krueger, that that's a very salient point.  I 

14   think that's why I believe and trust that the 

15   State Athletic Commission, given that 

16   responsibility and authority, would ensure that 

17   what we both agree to, and I think all the 

18   members would agree to, would be adhered to.

19                SENATOR KRUEGER:   Through you, 

20   Mr. President, if the sponsor would continue to 

21   yield.

22                SENATOR GRIFFO:   Yes.

23                ACTING PRESIDENT VALESKY:   The 

24   sponsor yields.

25                SENATOR KRUEGER:   So as I read 


                                                               749

 1   about the standards in other states for the sport 

 2   of mixed martial arts -- and you say we should 

 3   call it mixed martial arts, but I think we will 

 4   both agree there are a number of different 

 5   entities that oversee this activity, and UFC is 

 6   the largest promoter, and then there are several 

 7   others.  

 8                The drug standards for testing that 

 9   they are using in several states are only about 

10   half of the standards that we use for 

11   professional sports here in New York.  Does your 

12   bill allow them to continue to follow their own 

13   standards of drug testing and what is acceptable 

14   levels of steroids and I guess the proportion of 

15   drug found in the bloodstream?  Because 

16   apparently in several states it's double the 

17   level that we would allow here in New York.  So 

18   will they be following the standards we set for 

19   drug testing?  

20                SENATOR GRIFFO:   It is my 

21   understanding that, again, in accordance with the 

22   essence of the bill, which essentially authorizes 

23   and empowers the State Athletic Commission to set 

24   regulations and standards that they believe 

25   necessary, I would say that in this particular 


                                                               750

 1   instance we would be able to do what the State 

 2   Athletic Commission deems appropriate, 

 3   responsible, and reasonable.

 4                SENATOR KRUEGER:   Thank you.  

 5                Through you, Mr. President, if the 

 6   sponsor would continue to yield.

 7                ACTING PRESIDENT VALESKY:   Senator 

 8   Griffo.

 9                SENATOR GRIFFO:   Yes.

10                ACTING PRESIDENT VALESKY:   The 

11   sponsor yields.

12                SENATOR KRUEGER:   Thank you.  

13                Senator, in your development of this 

14   bill that's been out there for several years, as 

15   you point out, and has even passed in this house, 

16   have you done any research into the correlation 

17   of children's exposure to violence, their 

18   behavior as young adults and as adults, and the 

19   correlation to watching both violent sports and 

20   violent video games?  

21                SENATOR GRIFFO:   Mr. President, 

22   through you.  Senator Krueger, I have not had the 

23   opportunity to do any extensive research in that 

24   regard.  

25                But I believe that same research was 


                                                               751

 1   important before we were able to act on the 

 2   New York SAFE Act, because many of the issues of 

 3   concern there were not only the issue of guns but 

 4   also mental health and society and video games 

 5   and violence.  So I do not have anything 

 6   specific, but I would be very interested in 

 7   having the opportunity to access any of that 

 8   information if you have that and provide it to 

 9   me.

10                I also want to add on something that 

11   you had asked earlier about any other sport.  It 

12   is my understanding that Olympic judo does allow 

13   certain type of chokeholds, as you describe them, 

14   too.

15                SENATOR KRUEGER:   Thank you.

16                Mr. President, on the bill.

17                ACTING PRESIDENT VALESKY:   Senator 

18   Krueger on the bill.

19                SENATOR KRUEGER:   It's no surprise 

20   to this house that I continue to oppose this 

21   bill.  What I think is a surprise is how we are 

22   learning more because this has in fact been 

23   spreading throughout the country.  And we are 

24   seeing that it's being particularly marketed to 

25   children.  And we are seeing more and more 


                                                               752

 1   research about the long-term impact of violent 

 2   sports even when they don't call themselves 

 3   violent.  

 4                We've all -- well, I don't know if 

 5   we all support it, but most of us supported a 

 6   bill to address proper headgear to try to 

 7   decrease the rate of concussions of football 

 8   players.  There have been proposals for various 

 9   safety equipment in other sporting activities 

10   from skiing to biking.  There's more and more 

11   medical research coming out about the long-term 

12   dangers of certain contact sports.  

13                And there's more and more research 

14   coming out about the impact of exposure to 

15   extreme violence on the development of 

16   children -- not just the psychological 

17   development, but actually the way their brains 

18   development.  And in fact the U.S. Department Of 

19   Justice Juvenile Justice Division has done a 

20   study on children's exposure to violence.  The 

21   American Academy of Child and Adolescent 

22   Psychiatrists have done several, the American 

23   Psychological Association.  The Europeans are 

24   actually farther ahead of us as to their research 

25   on the influence of exposure to violence on the 


                                                               753

 1   development of children, how they behave towards 

 2   either other and their behavior patterns as they 

 3   become adults.

 4                I know children can watch these 

 5   sports on TV, it doesn't have to take place live 

 6   in our state.  But I also know that as this sport 

 7   is being advertised and marketed in the rest of 

 8   this country and the world, its clear message is 

 9   a message of violence.  No rules apply.  Fight to 

10   the death.  You get some blood on you, even 

11   better.  

12                And it's different than other 

13   martial arts.  And it's different than boxing and 

14   wrestling.  In fact, almost all other martial 

15   arts have as the standard that it's not 

16   violence.  You're not supposed to be hurting the 

17   other person, you're just supposed to be a more 

18   accomplished athlete in that martial art.

19                And boxing has very explicit 

20   standards, particularly for young people, of what 

21   kind of equipment has to be to be worn on their 

22   heads and their hands.  And wrestling, apparently 

23   there's a debate whether it's a sport or not, 

24   because the Olympics is throwing it out.  But 

25   apparently it was very popular at the Times Union 


                                                               754

 1   Center last night and tonight, with a lot of 

 2   children going.  Which disturbed me also, 

 3   frankly.  

 4                But what most disturbs me is we're 

 5   not looking carefully enough at the impact of all 

 6   this violence, both physical violence and the 

 7   impact on psychological development and the 

 8   development of young brains.  And I don't think 

 9   New York State wants to expand on that.  I don't 

10   think we want to say, Oh, we're so fine with this 

11   that we're going to legalize it here.  

12                I can't make it illegal other 

13   places.  But I can try to stop it from becoming 

14   legal here.  There are many organizations and 

15   religious leaders who have sent us memos urging 

16   us to vote no.  At least so far, our colleagues 

17   in the Assembly have not seen fit to pass this.  

18   Maybe they will.  If it becomes law, I think it 

19   is crucial to have much stronger regulations than 

20   they have in other states.  

21                But frankly, for people who are 

22   parents, people who care about children, people 

23   who worry about the level of violence in our 

24   playgrounds and on our streets and the 

25   correlation between the lessons we teach young 


                                                               755

 1   people and what happens in our adult society, I 

 2   don't think we want this sport here.

 3                I'll be voting no, Mr. President.  

 4   Thank you.

 5                ACTING PRESIDENT VALESKY:   Thank 

 6   you, Senator Krueger.

 7                Senator Parker.  

 8                SENATOR PARKER:   Thank you, 

 9   Mr. President.  On the bill.

10                ACTING PRESIDENT VALESKY:   Senator 

11   Parker on the bill.

12                SENATOR PARKER:   I rise in support 

13   of this bill.  Let me thank Senator Griffo for 

14   all his hard work and his leadership in bringing 

15   this forward.  As we have debated in the past, 

16   this was actually once my bill.  And so, you 

17   know, I continue to support it.  I think it's a 

18   good thing for the state.  

19                I think there's actually two kind of 

20   main arguments for why we ought to do this.  And 

21   the first I think is the idea of competition.  As 

22   we start talking about violence and we talk about 

23   the tale of two cities that we're dealing with in 

24   terms of violence in our communities, we have 

25   Newtown and Aurora, but we also have Brooklyn and 


                                                               756

 1   Harlem and the Bronx and Washington Heights.  

 2                And so we know what happens in those 

 3   communities.  And the context for the violence 

 4   that we're seeing in those communities is really 

 5   about young people who are unengaged.  They're 

 6   not engaged in school because we refuse to have 

 7   music, art, athletics and dance as regular parts 

 8   of the curriculum.  We don't have enough 

 9   after-school programs.  We've gotten rid of 

10   junior varsity programs and many of the varsity 

11   programs at our schools.  

12                Many of our schools right now don't 

13   even have gyms in them.  And then we wonder why 

14   we have obesity, and we want to blame soda.  

15   We've had Coke for 60 years and we've gotten rid 

16   of gym for 10 years and we wonder why for over 10 

17   years we now have obesity.  It's easy to kind of 

18   figure out if we look at the right things.  

19                This gives us an opportunity to add 

20   another dimension to the kinds of activities that 

21   young people are engaged in.  And the reality is 

22   that this is something that is frankly safer than 

23   most of the sports that we think of as 

24   traditional sports.  This sport is far safer than 

25   hockey, than baseball, than boxing.  It is even 


                                                               757

 1   safer than soccer -- and being a soccer mom is, 

 2   you know, is an icon in our community now.  

 3                In fact, there were 79 

 4   soccer-related deaths between 1990 and 2003.  And 

 5   we had 300 deaths in football within that same 

 6   period.  And you compare this to two deaths 

 7   worldwide in MMA, and only one of them actually 

 8   being in a sanctioned fight.  

 9                I've heard lots today about the kind 

10   of activities that happen inside of the octagon.  

11   And a lot of times, you know, we use big words 

12   like laceration.  A laceration is a cut.  Anybody 

13   here ever got cut here before?  A cut is a cut.  

14   I mean, you know, and people get cut it.  It 

15   happens.  And in other sports, people get cut.  

16   In baseball and football and wrestling, people 

17   get cut in those sports too.  And they get cut 

18   sometimes on their face and other parts of their 

19   body.  Let's not be confused by the word 

20   "laceration" and think that it's something more 

21   serious than people getting cut.  

22                What you want to pay attention to 

23   are long-term injuries, things like broken 

24   bones.  You want to pay attention to deaths, 

25   obviously.  And you want to pay attention to 


                                                               758

 1   concussions.  There are far fewer concussions in 

 2   MMA than you find in sports like boxing, 

 3   exponentially more concussions in things like 

 4   football.  

 5                And so when we start talking about, 

 6   you know, submissions -- and the reason why there 

 7   are far less concussions is that in fact that 

 8   most bouts are actually decided by submissions.  

 9   Many of those submissions are not necessarily 

10   chokeholds, some of which are in fact submissions 

11   because of manipulating of joints -- arms, legs, 

12   those kind of things.  

13                And in fact there is regulations 

14   around what you can do and how you can apply 

15   those techniques.  And remember that the men and 

16   women who engage in this sport are actually 

17   professionals, they actually do this for a 

18   living.  And there is in fact a referee involved 

19   who is paying attention and watching and focusing 

20   on the action and knows when to stop it.  And so 

21   injuries have happened much less in these sports 

22   than others because this sport has grown up 

23   paying attention to those kind of injuries, and 

24   so we've seen a lot less.  

25                So from a safety perspective of just 


                                                               759

 1   the athletes that are engaged in MMA, these 

 2   athletes are frankly in better condition than in 

 3   most sports, and they're also monitored a lot 

 4   better.

 5                But if we're concerned, as Senator 

 6   Krueger has indicated about, you know, drug 

 7   testing, about the kind of padding, the kind of 

 8   messages we're sending, this bill allows our 

 9   Athletic Commission to set rules on those 

10   things.  And as legislators we obviously have an 

11   ability to regulate it.

12                Now, 47 states already allow MMA.  

13   Right?  So we're not stopping the activity by 

14   voting it down today.  Right?  It already 

15   exists.  It's on television.  There's probably a 

16   bout on somewhere right now.  Actually what we 

17   like to say in my office is that "Somewhere in 

18   the world, MMA is happening."  Right?  

19                So this sport is happening all over 

20   the place except in New York State.  And so that 

21   leads me to my second point, Mr. President, which 

22   is that we are denying ourselves a significant 

23   amount of revenue because of this.  I mean, 

24   there's tons of revenue to be generated because 

25   of this sport.  


                                                               760

 1                According to an economic impact 

 2   study commissioned by the Ultimate Fighting 

 3   Championship in 2008, MMA's leading organization, 

 4   an event in upstate New York would generate an 

 5   estimated $11.5 million in economic activity and 

 6   $400,000 in tax revenue in New York City.  It's 

 7   estimated to generate $5.3 million of economic 

 8   activity just in Buffalo.  That's per event.

 9                Now, I already talked to Tim 

10   Kennedy, and I think he already has some of that 

11   money spent.  

12                (Laughter.)

13                SENATOR PARKER:   So there is lots 

14   of opportunities here -- right?  And this is with 

15   the market just being raw.  This is just to begin 

16   with.  

17                There's lots of opportunity here to 

18   bringing a sport that already exists in 

19   47 states, that's already been televised.  And we 

20   simply would be legalizing it and regulating it 

21   in a way that's set to the standards and the 

22   protocols that we think are appropriate here in 

23   the State of New York.

24                And so I ask my colleagues to make a 

25   common-sense vote here to vote to make mixed 


                                                               761

 1   martial arts legal in the State of New York.  

 2   Let's in fact then start beginning quickly some 

 3   conversations about what safety looks like, about 

 4   codes of conduct, about padding and all the other 

 5   things that we are concerned about.  And, you 

 6   know, do the right thing by the municipalities 

 7   across the state that will benefit from having 

 8   this.  Let's talk about what's going to benefit 

 9   our communities, particularly those urban 

10   communities that are looking for more activities 

11   for our young people to be engaged in, to 

12   legalize something like to this to give our young 

13   people something else to be engaged in.

14                Lastly, I hear a lot of people 

15   talking about, you know, violence in our 

16   society.  And I certainly, you know, stand with 

17   you in terms of opposing that.  But then, you 

18   know, let's in fact start, you know, having a 

19   campaign.  And I haven't seen this campaign yet 

20   in the four or five years we've been talking 

21   about this, anyone start the campaign to start 

22   talking about the violent stuff we see on 

23   television, in movies.  I haven't seen a letter, 

24   I haven't seen a resolution, I haven't seen a 

25   commission, I haven't seen a public forum, I 


                                                               762

 1   haven't even had a conversation in the lounge 

 2   with anybody who says that they're opposing, you 

 3   know, a movie that came out that had a lot of 

 4   violence or a television show that had a lot of 

 5   violence or, I don't know, the evening news that 

 6   shows wars and body parts and all kinds of 

 7   things.  

 8                Violence is part of what we 

 9   experience in our societies, and maybe too much.  

10   And I certainly could agree with that.  But if 

11   that's the case, then let's look at it in its 

12   totality and let's address it in its totality.  

13   Let's not have situational ethics in which we 

14   pick and choose this one little narrow area and 

15   all of a sudden become ethical because, you know, 

16   we don't like -- it's not our taste.

17                I'm not saying that a vote on this 

18   bill means that you have to run out and go to an 

19   MMA match.  Right?  But I certainly have not seen 

20   anyone with the same kind of fervor talking about 

21   banning hockey or banning soccer because people 

22   have gotten hurt or banning boxing or wrestling 

23   or any other sports where athletes are involved 

24   in combat.

25                And so I hope that we in fact get to 


                                                               763

 1   that conversation and start addressing video 

 2   games and television shows and movies.  But in 

 3   the meantime, let's allow MMA to be here, let's 

 4   regulate it, and let's work together to make it a 

 5   safe and profitable sport for the State of 

 6   New York.  

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT VALESKY:   Thank 

 9   you, Senator Parker.

10                Senator Hoylman.

11                SENATOR HOYLMAN:   Mr. President, I 

12   rise to let my colleagues know of my 

13   objections --

14                ACTING PRESIDENT VALESKY:   Senator 

15   Hoylman on the bill.  

16                SENATOR HOYLMAN:   On the bill, yes, 

17   sir.  

18                I wanted to rise to let my 

19   colleagues know my objections to the bill 

20   legalizing the sport which we have 

21   euphemistically called mixed martial arts, a 

22   sport which I think many of us know participants 

23   punch, kick, knee, elbow, wrestle and choke their 

24   opponents to submission.  And that was referred, 

25   apparently without any irony, to the Senate 


                                                               764

 1   Cultural Affairs Committee.  

 2                Now, mixed martial arts was dubbed 

 3   by Senator John McCain as "the human equivalent 

 4   of cockfighting."  Now, based on some of the 

 5   economic benefits you hear around this chamber 

 6   today, you might call it the human equivalent of 

 7   hydrofracking.

 8                (Laughter.)

 9                SENATOR HOYLMAN:   And there are a 

10   multitude of arguments that we've heard today and 

11   I'll hopefully hear from some of our other 

12   colleagues on why we as a legislative body should 

13   not sanction or glorify its violence, especially 

14   given the impact that it will have on children.  

15   And as a father of a two-year-old, I weigh these 

16   arguments very heavily.  

17                But instead of focusing on the 

18   health and the well-being of our society, I 

19   wanted to take a few minutes to discuss the 

20   impact of mixed martial arts on the health and 

21   well-being of the participants, the fighters.  

22                Mixed martial arts.  Along with 

23   boxing, stands apart from every other sanctioned 

24   sport because its aim is to cause physical harm 

25   and injury to an opponent until they are unable 


                                                               765

 1   to continue.  His goal is to knock his opponent 

 2   unconscious, which has been shown in numerous 

 3   medical studies to result in acute brain damage.  

 4                Now, most of our internal organs are 

 5   protected by bone or fat, skin, well-developed 

 6   muscle.  But the soft tissue of the brain is 

 7   protected only by the thin-covered skull and 

 8   three very thin membranes.  In addition to these 

 9   membranes, the brain is suspended in 

10   cerebrospinal fluid.  Even with this protection, 

11   the brain can become bruised when the head is 

12   jarred or shaken.  

13                Now, when a fighter sustains a 

14   direct blow to the head, the head rotates 

15   sharply, then returns to its normal position at a 

16   much slower speed.  In addition, the different 

17   densities of the various parts of the brain also 

18   move at different rates, and the overall result, 

19   according to physicians, is a swirling effect 

20   inside the brain.  

21                The resulting tissue trauma includes 

22   damage from the brain hitting the inner surface 

23   of the skull.  This can be at the site of impact, 

24   where the brain moves within the skull and 

25   impacts the opposite side to the blow, 


                                                               766

 1   ricocheting.  Tears to the nerve networks between 

 2   the brain hemispheres, tension between the brain 

 3   tissue and blood vessels may cause lesions and 

 4   bleeding.  Pressure waves could be created, 

 5   causing differences in blood pressure to various 

 6   parts of parts of the brain and blood clots.  

 7                Now, the immediate effects of blows 

 8   to the head include grogginess, weakness, 

 9   paralysis, weakening of limbs, inability to 

10   focus, and possible loss of consciousness.  

11                But I'm concerned about the 

12   long-term effects of mixed martial arts on the 

13   brains of fighters.  They are cumulative and may 

14   not show immediately after a match.  So any 

15   physician who is on-call to monitor an MMA match 

16   will not have the opportunity to evaluate 

17   fighters in the long term.  Most signs of damage 

18   are likely to appear toward the end of a 

19   fighter's career or even after retirement.  As 

20   one observer has put it, the damage accumulates 

21   like interest on a savings account.  

22                According to medical experts, 

23   including the British Medical Association, 

24   fighters are more likely to suffer conditions 

25   such as dementia, Alzheimer's -- which I think 


                                                               767

 1   many of us know Muhammad Ali suffers from -- and 

 2   Parkinson's.  

 3                Even in contact sports where head 

 4   injuries are less likely to occur than mixed 

 5   martial arts, we have seen the health impact of 

 6   repeated chronic brain injuries.  A class action 

 7   lawsuit was filed just last year by more than 

 8   4,000 NFL players and their wives accusing the 

 9   NFL of hiding information that linked 

10   football-related head trauma to permanent brain 

11   injury.  Among the illnesses cited were dementia 

12   and Alzheimer's disease.  The suit accuses the 

13   NFL of mythologizing and glorifying violence 

14   through the media.  Sound familiar?  The 

15   plaintiffs hope to hold the NFL responsible for 

16   the care of players suffering from those health 

17   problems.  

18                Is this the future that we're 

19   sanctioning today for mixed martial arts 

20   fighters?  Well, it might be, except for one 

21   difference.  There are no labor protections for 

22   fighters in mixed martial arts as there are 

23   currently for players in the NFL.  

24                Now, there is currently a bill in 

25   California that would establish protections for 


                                                               768

 1   MMA fighters like those enjoyed by professional 

 2   boxers through the federal Muhammad Ali Boxing 

 3   Reform Act of 2000, which protects boxers from 

 4   unscrupulous promoters and sanctioning bodies 

 5   from things like contracts that automatically 

 6   renew or extend without good faith negotiations 

 7   and the appropriation of fighters' personal 

 8   images and likeness in perpetuity.  

 9                But even with those protections, 

10   Mr. President, none of which are included in the 

11   bill before us today, fighters still will not be 

12   able to bargain for things like health insurance 

13   and pensions.  These won't happen until they are 

14   organized into an association much like the NFL.  

15                And I wish to point out, 

16   Mr. President, that the insurance provisions in 

17   this bill for fighters are scant and obligate 

18   promoters to provide only $50,000 of medical 

19   care, apparently only while the fighter is still 

20   working for the UFC.  Now, if a fighter dies 

21   while working, his family gets $100,000 from the 

22   UFC.  Now, you tell me, Mr. President, is that 

23   fair?  

24                These small sums, however, do not 

25   cover any long-term care that might be envisioned 


                                                               769

 1   from a chronic brain injury like Parkinson's, 

 2   Alzheimer's or dementia that might manifest 

 3   decades after a fighter is no longer active.  

 4                Let me read to you what UFC 

 5   bantamweight champion Nick Denis wrote on his 

 6   blog in announcing his retirement at age 29 just 

 7   a few months ago.  Now, Nick Denis is a former 

 8   Ph.D. student in biochemistry, I would suspect 

 9   the only doctoral candidate participating in 

10   UFC.  But he began his research into brain 

11   injuries following an especially vicious knockout 

12   loss in 2009.  

13                He wrote:  "After my first loss, a 

14   devastating knockout where another fighter 

15   dribbled my head on the canvas like a basketball, 

16   I did lots of research on concussions.  As a 

17   graduate student, I had access to all 

18   peer-reviewed scientific journals."  "No 

19   surprise," he writes, "to find out that 

20   concussions are bad."  "However," he writes, "I 

21   found something that never occurred to me.  

22   Sub-concussive trauma.  Basically, a blow to the 

23   head that doesn't lead to a concussion.  When it 

24   happens, you feel fine and continue on.  Even 

25   athletes who don't suffer concussions are still 


                                                               770

 1   doing damage from sub-concussive trauma."  

 2               "I am a human being and I was born 

 3  with only one brain, and I want to take care of 

 4  it so that I will recognize the ones I love when 

 5  I get older."  

 6                Now, Mr. President, if we are to 

 7   believe the supporters, this is a bill that is an 

 8   economic silver bullet.  It will generate 

 9   supposedly tens of millions of dollars in 

10   economic benefits for both New York State and 

11   New York City.  But the economic costs of acute 

12   brain injuries are not yet known and won't be for 

13   years or even decades.  If the NFL class action 

14   lawsuit is any indication, it could cost hundreds 

15   of millions of dollars.  

16                But even if mixed martial arts 

17   fighters have the support they will certainly 

18   need for their injuries, support which is 

19   decidedly not in the bill before us today, I 

20   think you'll agree that no amount of money can 

21   compensate for permanent brain damage and 

22   possibly premature death.  

23                Mr. President, I urge my colleagues 

24   to vote no on the bill.  Thank you.  

25                ACTING PRESIDENT VALESKY:   Thank 


                                                               771

 1   you, Senator Hoylman.

 2                Senator Rivera.

 3                SENATOR RIVERA:   Thank you, 

 4   Mr. President.

 5                It is not every day that I so 

 6   strongly disagree with some of my colleagues, 

 7   certainly Senator Hoylman and Senator Krueger.  

 8   But first of all, I'll say, Senator Hoylman, that 

 9   I do not believe that mixed martial arts is a 

10   euphemism.  It is precisely what it is.  You have 

11   different arts that are being practiced, whether 

12   it's judo, jujitsu, taekwondo, karate.  All of 

13   these things which I have mentioned are things 

14   that require a high level of skill to do well.  

15                So I do not believe that calling it 

16   mixed martial arts is a euphemism.  I believe 

17   that calling it mixed martial arts is calling it 

18   precisely what it is.  

19                Now, as someone who has practiced 

20   martial arts -- not as much as Sensei Griffo, 

21   that's what I'm going to call him -- I can say 

22   that the best martial artists, and this comes 

23   from experience, the best martial artists are the 

24   ones that are the most disciplined.  

25                As opposed to what both 


                                                               772

 1   Senator Krueger and Senator Hoylman have 

 2   mentioned on the floor, this is not an activity 

 3   which actually means two people just going at 

 4   each other like wild dogs.  We are talking about 

 5   two skilled athletes measuring each other's 

 6   ability to be able to outwit the other one 

 7   physically.  

 8                And I can certainly understand why 

 9   that would be something that you might not want 

10   to watch.  If you don't like boxing, then I 

11   certainly understand why you would not like this 

12   either.  

13                However, again, when it is two very 

14   skilled individuals, when they are trained, if 

15   they are highly disciplined -- and the best 

16   martial artists and the best mixed martial 

17   artists are very disciplined, are very well 

18   trained -- this is not something that is a 

19   spectacle of violence.  Instead, it is a 

20   spectacle of skill.  

21                I will also say that regarding many 

22   of the points that have been brought forward by 

23   some of the opponents of this bill and opponents 

24   of the practice in itself, there are many, many 

25   things that were mentioned as far as regulations 


                                                               773

 1   that we would have to -- that we should think 

 2   about putting forth as it relates to the sport, 

 3   as it relates to safety, as it relates to working 

 4   conditions.  And I could not agree more.  It is 

 5   precisely why we want to have the Athletic 

 6   Commission sanction this sport and then be able 

 7   to regulate it, much like many other -- or every 

 8   other athletic activity in the State of New York 

 9   is regulated by the Athletic Commission.  

10                So with all of that said -- and I 

11   would say that the issue of revenue is obviously 

12   one of the things that we should consider, but it 

13   would be secondary to me.  As somebody who is a 

14   fan of this as an activity that I watch -- and 

15   again, not as a violent spectacle because I am 

16   looking forward to someone getting beat up.  I 

17   would say that a lot of folks who watch hockey 

18   would probably have that as their ultimate goal.  

19   But in this particular instance, when I'm 

20   thinking of mixed martial arts, I think of two 

21   very highly skilled athletes competing with each 

22   other.  

23                And what we are doing, as has been 

24   mentioned by Senator Parker, by banning it in 

25   this state is limiting the amount of revenue that 


                                                               774

 1   we could get in this state, limiting the ability 

 2   of folks to actually go to places right here in 

 3   New York, whether it's in Madison Square Garden 

 4   or Buffalo or any other place in this state.  So 

 5   it would be a revenue-generator.  

 6                But again, it is not -- I repeat one 

 7   last time, I do not believe that it is just a 

 8   violent activity in which two people go at each 

 9   other until they're barely alive.  As opposed to 

10   that, you have two very highly skilled and 

11   disciplined individuals.  When you have regulated 

12   instances, regulated bouts, it is not a street 

13   fight.  It is instead two very skilled, highly 

14   skilled athletes competing against each other.  

15                And I believe that we in the State 

16   of New York have missed out for way too long.  I 

17   hope that my colleagues in the Assembly will pass 

18   this bill and that the Governor will sign it, and 

19   I encourage my colleagues here in the Senate to 

20   vote for this bill.  

21                I vote in the affirmative, 

22   Mr. President.  

23                ACTING PRESIDENT VALESKY:   Thank 

24   you, Senator Rivera.

25                Seeing no other Senators who wish to 


                                                               775

 1   be heard, the debate is closed.  I ask the 

 2   Secretary to ring the bells.  All Senators are 

 3   asked to proceed directly to the chamber, as we 

 4   will be moving forward now with the roll call.

 5                The Secretary will read the last 

 6   section.

 7                THE SECRETARY:   Section 6.  This 

 8   act shall take effect on the 90th day.

 9                ACTING PRESIDENT VALESKY:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT VALESKY:   We have 

13   a number of Senators who wish to explain their 

14   vote.  I remind Senators that we have a 

15   two-minute time limit for vote explanation, with 

16   the exception of Senator Griffo.  As the sponsor 

17   of the bill, his time limit is five minutes.

18                We'll begin with Senator Grisanti to 

19   explain his vote.

20                SENATOR GRISANTI:   Thank you, 

21   Mr. President.  

22                You know, during that very lively 

23   debate I didn't know that we were actually having 

24   a bill here mandating somebody to actually be 

25   involved in the sport or mandating somebody to 


                                                               776

 1   actually watch it on TV or to pay for a 

 2   pay-for-view event.  The only thing that we're 

 3   doing here is having the association of boxing 

 4   commissions, the athletic commissioners, take 

 5   over MMA and be able to regulate it.  

 6                This is a no-brainer.  It's legal in 

 7   47 states.  Over a decade ago there was problems 

 8   with MMA and UFC.  Those have changed, if anybody 

 9   has done their homework and looked at it.  An 

10   exhibition in Toronto just this last spring sold 

11   $11 million in ticket sales.  In a short period 

12   of time, 50,000 tickets sold.  Independent study 

13   done, in Buffalo it would have a $5 million 

14   effect.  It was a $35 million event from Friday's 

15   weigh-in until Sunday.  Friday's weigh-in till 

16   Sunday, in Toronto, a $35 million draw.  

17                So MMA is becoming part of the 

18   mainstream of sports.  And if violence and the 

19   risk of serious injury is a concern, maybe we 

20   should ban boxing, football, ice hockey, downhill 

21   skiing, rodeo and maybe even tight-roping across 

22   Niagara Falls.  

23                Because it's about time we passed 

24   this.  I urge, I urge the members of the Assembly 

25   to tell Speaker Silver, Bring it to the floor.  


                                                               777

 1   You will have the votes.  Bring it to the floor 

 2   and see what happens.  Do not hold up this 

 3   measure.  It's too important for this economy.

 4                I vote aye, Mr. President.  Thank 

 5   you.  

 6                ACTING PRESIDENT VALESKY:   Senator 

 7   Grisanti to be recorded in the affirmative.  

 8                We ask that the noise level be kept 

 9   down; it's beginning to be difficult to hear.

10                Senator Zeldin to explain his vote.

11                SENATOR ZELDIN:   Mr. President, I 

12   rise to explain my vote.  

13                First off, I want to thank 

14   Sensei Griffo for bringing this bill to the 

15   floor.  

16                And I want to just try to clear one 

17   thing up.  If there's anyone who's thinking about 

18   voting against this bill, please understand, this 

19   is about professional mixed martial arts in 

20   New York.  

21                Right now we have mixed martial arts 

22   all throughout this state, legally.  These bouts 

23   that take place right now, the amateur bouts that 

24   take place all across New York, they have no 

25   pre-fight medical, no MRI, no CAT scan, no blood 


                                                               778

 1   tests, no insurance, no medical oversight, no 

 2   professional officials.  Without regulation by 

 3   the New York State Athletic Commission, this 

 4   sport is actually more dangerous.  

 5                And I think that a lot of people 

 6   don't understand that this sport actually exists 

 7   right now.  We just want to regulate it with the 

 8   New York State Athletic Commission.  So a very 

 9   important point.  

10                And with regards to the revenue 

11   piece, I know Senator Parker and Senator Grisanti 

12   both were speaking about the economic impact.  I 

13   mean, I read one study that the hotel occupancy 

14   in Buffalo for one fight would be up over 

15   10 percent.  Great economic impact, whether it's 

16   a fight in New York City or up in Buffalo.  

17                But that's not my primary reason for 

18   supporting it.  It's because the time is right.  

19   I too encourage Speaker Silver to bring this bill 

20   to the floor for a vote.  It's time for 

21   professional mixed martial arts in New York 

22   State.  It's time for the New York Athletic 

23   Commission to promulgate rules to allow it.  

24                I vote aye.

25                ACTING PRESIDENT VALESKY:   Senator 


                                                               779

 1   Zeldin to be recorded in the affirmative.

 2                Senator Boyle to explain his vote.

 3                SENATOR BOYLE:   Mr. President, to 

 4   explain my vote.  

 5                It's kind of ironic that my first 

 6   statement as a member of the State Senate is 

 7   going to be in favor of a mixed martial arts 

 8   bill, because as a member of the Assembly 

 9   15 years ago I had the first bill banning extreme 

10   fighting in the State of New York.  It was taken 

11   by a majority member in the Assembly and 

12   then-Governor Pataki signed it, and he invited me 

13   to the signing.  It was the only bill I've ever 

14   been invited to the signing of.  I have a picture 

15   sitting next to him at the desk.  

16                But that was then, and this is now.  

17   And this is a completely different sport.  Much 

18   more regulation, it's much safer, it's around the 

19   country, it's a big business and it's going to be 

20   big business for New York.  

21                I want to say that if I can feel 

22   comfortable supporting this bill, then anybody 

23   can feel comfortable supporting this bill.  

24                And I also, in closing, would like 

25   to thank my good friend and former Assemblyman 


                                                               780

 1   Dean Murray for his leadership in bringing this 

 2   bill forward and making it ultimately legal in 

 3   New York State.  

 4                I vote in the affirmative.

 5                ACTING PRESIDENT VALESKY:   Senator 

 6   Boyle to be recorded in the affirmative.  

 7                Senator DeFrancisco to explain his 

 8   vote.

 9                SENATOR DeFRANCISCO:   Yes, much of 

10   what I was going to say has already been said.  

11   I'll just add a couple of things.  

12                And that is as far as the doctoral 

13   candidate that had his head dribbled on the 

14   ground, he must have been smart enough to realize 

15   he didn't have to be there if he chose not to.  

16   And when he decided he didn't want to have his 

17   head dribbled any longer, he got out of the 

18   sport.  And everybody has that option.  And if 

19   you choose to do it and you're capable of doing 

20   it, it's important that you have that 

21   opportunity.  

22                And secondly, it's being done.  I 

23   mean, it's not like you're going to ban some 

24   offensive conduct that's happening, that would 

25   happen but for our bill.  It's being done.  It's 


                                                               781

 1   happening.  There's an audience.  There's a group 

 2   of young people like there were boxers that got 

 3   out of the difficult situations because they have 

 4   a skill and all they want to do is be able to 

 5   perform that skill and make some money at it.  

 6                So for those reasons, I vote yes.  

 7                And secondly, I just ask, because 

 8   done this before, would the Assembly put it on 

 9   the floor?  There's a bipartisan disagreement on 

10   the merits of the bill.  That's fine.  But put it 

11   on the floor.  Let the Assembly make the same 

12   decision.  And don't have some ancillary issue 

13   hold this up.  It should be debated on its 

14   merits.  

15                I vote aye.

16                ACTING PRESIDENT VALESKY:   Senator 

17   DeFrancisco to be recorded in the affirmative.

18                Senator LaValle to explain his vote.

19                SENATOR LaVALLE:   Thank you, 

20   Mr. President.

21                Today I'm well aware our society is 

22   driven by how much money does some one item 

23   generate in our budget and also how much 

24   excitement does it produce.  

25                Look at gambling.  We started with 


                                                               782

 1   the lottery, we went to Quick Draw, then racinos, 

 2   casinos.  Here today we're starting with MMA.  

 3   And where are we going to go when this doesn't 

 4   produce enough excitement?  Because some of the 

 5   other -- boxing doesn't produce or wrestling 

 6   doesn't produce enough excitement, so now we're 

 7   into mixed martial arts.  

 8                Will a bill, future legislatures say 

 9   we're going to bring back the Roman Coliseum and 

10   have gladiators?  Will that satisfy the thirst?  

11                I vote no.

12                ACTING PRESIDENT VALESKY:   Senator 

13   LaValle to be recorded in the negative.

14                Senator Little to explain her vote.

15                SENATOR LITTLE:   Thank you.  

16                Certainly much has been said about 

17   reasons to have this in New York State.  And I 

18   would just like to say, as chair of the 

19   Tourism Committee, we're always looking for new 

20   ways to attract people to New York State and new 

21   events to have here.  

22                This is something that, as Senator 

23   Zeldin said, is already taking place at an 

24   amateur level.  There are many mixed martial arts 

25   studios in my district and throughout the state.  


                                                               783

 1   People do it for the exercise, for the fitness.  

 2                And I will tell you I was in 

 3   California at one time, walking down the street.  

 4   We had to go out into the road to get by a 

 5   restaurant that had a great big TV and people 

 6   were just gathered around there watching the 

 7   mixed martial arts.  On TV, not even attending.  

 8                So I do think that this is an 

 9   important measure to bring to the professional 

10   level under regulation, with medical care and all 

11   of the things that we've talked about.  

12                So I vote aye.  Thank you.

13                ACTING PRESIDENT VALESKY:   Senator 

14   Little to be recorded in the affirmative.

15                Senator Griffo to explain his vote.

16                SENATOR GRIFFO:   Thank you, 

17   Mr. President.

18                Hailing from Rome, I sometimes think 

19   of all of us in the Senate as gladiators in 

20   suits.  

21                First of all, let me wish a happy 

22   birthday to Kevin Parker.  Happy birthday, 

23   Mr. Parker.

24                (Applause.)

25                SENATOR GRIFFO:   I appreciate all 


                                                               784

 1   the support here, and I do have a lot of respect 

 2   for the differences of opinions and philosophy 

 3   that we have expressed here this afternoon.  I 

 4   appreciate a vigorous debate.  

 5                And I think that I respect that 

 6   opinion, but I also respect the opportunity to 

 7   have people make their own decisions.  And I 

 8   think that's what we're doing here today.  

 9                So just for the facts, again, what 

10   we are trying to do is allow the State Athletic 

11   Commission to have the opportunity to really 

12   regulate and monitor this activity in this 

13   state.  And we have a lot of confidence in a 

14   professional organization that has served this 

15   state well over the years.  

16                We will generate economic revenue, 

17   not only to the state but also to local 

18   communities.  And it's by their own decisions, 

19   not that we are imposing some form of a tax on 

20   them that they have no choice in.  They can 

21   participate because they decide they want to 

22   participate or spectate.  

23                And we will allow home-state 

24   athletes, some of whom are with us here in the 

25   galleries today, to participate in their home 


                                                               785

 1   state.  Right now they are denied that privilege 

 2   and opportunity to compete in their home state.

 3                There are stringent rules and 

 4   regulations associated with this sport.  John 

 5   McCain has changed his view, for those people who 

 6   are studying him.  There are statistics that 

 7   disprove some of what Senator Krueger has said.  

 8   There's a Johns Hopkins study that disproves some 

 9   of the hyperbole that was used here today in this 

10   debate.  

11                And by the way, if I were looking to 

12   Europe as an example, I would not go to Pamplona 

13   when they're running the bulls.  Because I think 

14   the last thing I want to do is look to Europe to 

15   tell us how to be a more cultured society and 

16   less violent, when you consider what takes place 

17   in Spain each and every year.

18                So I think today, when you look at 

19   this -- and recently we've even seen a movie come 

20   out called "Here Comes the Boom."  So many 

21   families actually went to watch the movie.  

22   Parents had the opportunity to make that decision 

23   whether they wanted to go and take their 

24   children.  

25                So let's have the opportunity to 


                                                               786

 1   debate this and to vote on this.  I appreciate 

 2   the fact that we're taking that vote here in the 

 3   Senate today.  I hope the Assembly will do 

 4   likewise.  I vote aye.

 5                ACTING PRESIDENT VALESKY:   Senator 

 6   Griffo to be recorded in the affirmative.

 7                All Senators are asked to be in 

 8   their seats for the announcement of the vote.  

 9   All Senators should proceed to the chamber so we 

10   may record the vote.  We are on the roll call.

11                Announce the results.

12                THE SECRETARY:   In relation to 

13   Calendar Number 144, those recorded in the 

14   negative are Senators Bonacic, Breslin, Felder, 

15   Fuschillo, Gipson, Hoylman, Krueger, Lanza, 

16   LaValle, Marcellino, Perkins, Sanders, 

17   Stewart-Cousins, Tkaczyk and Young.  

18                Ayes, 47.  Nays, 15.

19                ACTING PRESIDENT VALESKY:   The bill 

20   is passed.

21                Senator Libous, that completes the 

22   controversial reading of the calendar.

23                SENATOR LIBOUS:   Thank you, 

24   Mr. President.

25                Is there any further business at the 


                                                               787

 1   desk?  

 2                ACTING PRESIDENT VALESKY:   Senator 

 3   Libous, the desk is clear.

 4                SENATOR LIBOUS:   Could we have 

 5   order in the chamber?  The Senate has not 

 6   adjourned.

 7                ACTING PRESIDENT VALESKY:   

 8   {Gaveling.}  Senate has not adjourned.

 9                SENATOR LIBOUS:   Because you never 

10   know, I may have a very important announcement.  

11   As a matter of fact, Mr. President, I do.

12                ACTING PRESIDENT VALESKY:   Senator 

13   Libous, please share.

14                SENATOR LIBOUS:   There being no 

15   further business, I move that the Senate adjourn 

16   until Thursday, March 7th, at 11:00 a.m.

17                (Laughter.)

18                ACTING PRESIDENT VALESKY:    On 

19   motion, the Senate stands adjourned until 

20   Thursday, March 7th, at 11:00 a.m.

21                (Whereupon, at 5:35 p.m., the Senate 

22   adjourned.)

23

24

25