Regular Session - May 16, 2011
3079
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 16, 2011
11 3:15 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH A. GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
3080
1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask all present to please rise
5 and join with me as we recite the Pledge of
6 Allegiance to our Flag.
7 (Whereupon, the assemblage
8 recited the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: Our
10 invocation today will be given by the Reverend
11 Peter G. Young, of the Mother Teresa Community
12 here in Albany.
13 Father?
14 REVEREND YOUNG: Thank you,
15 Senator.
16 We are very proud New Yorkers.
17 We are proud because of our elected leaders,
18 as Van Buren, Fillmore, Arthur, Cleveland,
19 Theodore and Franklin Roosevelt, who became
20 presidents. We are proud of our people who
21 serve our country and our state.
22 May we continue in this greatness
23 of their dedicated public service to all of
24 our citizens. May we follow in the rich
25 tradition of the Senators that first met in
3081
1 Kingston five days after the Declaration of
2 Independence.
3 You, O God, have provided our
4 Senators with outstanding examples to inspire
5 those in this Senate chamber for committed
6 service to all of our citizens.
7 Amen.
8 ACTING PRESIDENT GRIFFO: Thank
9 you, Father.
10 The reading of the Journal.
11 THE SECRETARY: In Senate,
12 Sunday, May 15th, the Senate met pursuant to
13 adjournment. The Journal of Saturday,
14 May 14th, was read and approved. On motion,
15 Senate adjourned.
16 ACTING PRESIDENT GRIFFO:
17 Without objection, the Journal stands approved
18 as read.
19 Presentation of petitions.
20 Messages from the Assembly.
21 Messages from the Governor.
22 I'm going to ask if we can just
23 bring some silence into the chamber, please.
24 (Gaveling.) The Senate will come
25 to order. I ask all to please take their
3082
1 conversations into the outer chamber. Thank you.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Breslin.
8 SENATOR BRESLIN: Thank you,
9 Mr. President.
10 On behalf of Senator Diaz, I move
11 that the following bill be discharged from its
12 respective committee and be recommitted with
13 instructions to strike the enacting clause:
14 Senate Number 114.
15 ACTING PRESIDENT GRIFFO: So
16 ordered.
17 SENATOR BRESLIN: Thank you,
18 Mr. President.
19 ACTING PRESIDENT GRIFFO: Thank
20 you, Senator Breslin.
21 Senator Libous.
22 SENATOR LIBOUS: Thank you,
23 Mr. President. I have several amendments to
24 place here.
25 On behalf of Senator Bonacic, on
3083
1 page 37 I offer the following amendments to
2 Calendar Number 445, Senate Print 4587, and ask
3 that said bill retain its place on the Third
4 Reading Calendar.
5 ACTING PRESIDENT GRIFFO: The
6 amendments are received, and the bill will retain
7 its place on the Third Reading Calendar.
8 SENATOR LIBOUS: Mr. President, on
9 behalf of Senator Ball, on page 46 I offer the
10 following amendments to Calendar Number 550,
11 Senate Print 4582, and ask that said bill retain
12 its place on the Third Reading Calendar.
13 ACTING PRESIDENT GRIFFO: The
14 amendments are received, and the bill will retain
15 its place on third reading.
16 SENATOR LIBOUS: Mr. President, on
17 behalf of Senator Seward, on page 23 I offer the
18 following amendments to Calendar Number 241,
19 Senate Print Number 4040, and ask that said bill
20 retain its place on the Third Reading Calendar.
21 ACTING PRESIDENT GRIFFO: The
22 amendments are received, and the bill will retain
23 its place on third reading.
24 SENATOR LIBOUS: On behalf of
25 Senator Seward, on page 16 I offer the following
3084
1 amendments to Calendar Number 88, Senate Print
2 Number 2704, and ask that said bill retain its
3 place on the Third Reading Calendar.
4 ACTING PRESIDENT GRIFFO: The
5 amendments are received, and the bill will retain
6 its place on third reading.
7 SENATOR LIBOUS: On behalf of
8 Senator Seward, on page 16 I offer the following
9 amendments to Calendar Number 87, Senate Print
10 Number 2683A, and ask that said bill retain its
11 place on the Third Reading Calendar.
12 ACTING PRESIDENT GRIFFO: The
13 amendments are received, and the bill will retain
14 its place on third reading.
15 SENATOR LIBOUS: On behalf of
16 Senator Larkin, Mr. President, I move that the
17 following bill be discharged from its respective
18 committee and be recommitted with instructions to
19 strike the enacting clause. And that is 2679.
20 ACTING PRESIDENT GRIFFO: So
21 ordered.
22 SENATOR LIBOUS: On behalf of
23 Senator Libous, Mr. President, I move the
24 following bill be discharged from its respective
25 committee and be recommitted with instructions to
3085
1 strike the enacting clause: Senate Print 3058.
2 ACTING PRESIDENT GRIFFO: So
3 ordered.
4 SENATOR LIBOUS: On behalf of
5 Senator Little, Mr. President -- this is a little
6 different. Mr. President, I move to amend Senate
7 Bill Number 3996A by striking out the amendments
8 made on May 10 and restoring it to its original
9 print number, 3996. And that's on behalf of
10 Senator Little.
11 ACTING PRESIDENT GRIFFO: So
12 ordered.
13 SENATOR LIBOUS: And,
14 Mr. President, finally, on behalf of Senator
15 Saland, on page 19 I offer the following
16 amendments to Calendar Number 172, Senate Print
17 1415, and ask that said bill retain its place on
18 the Third Reading Calendar.
19 ACTING PRESIDENT GRIFFO: The
20 amendments are received, and the bill will retain
21 its place on third reading.
22 SENATOR LIBOUS: Mr. President.
23 ACTING PRESIDENT GRIFFO: Senator
24 Libous.
25 SENATOR LIBOUS: Thank you,
3086
1 Mr. President. I believe that Senator Nozzolio
2 has a privileged resolution at the desk. May we
3 please have the title read and could you please
4 call on Senator Nozzolio before it's adopted.
5 ACTING PRESIDENT GRIFFO: The
6 Secretary will read.
7 THE SECRETARY: Legislative
8 resolution by Senator Nozzolio, congratulating
9 William Koll upon the occasion of capturing the
10 2011 New York State Division II Wrestling
11 Championship in the 103-pound weight class.
12 Legislative resolution by Senator
13 Nozzolio, congratulating Owen Scott upon the
14 occasion of capturing the 2011 New York State
15 Division II Wrestling Championship in the
16 160-pound division.
17 And legislative resolution by
18 Senator Nozzolio, congratulating Craig Scott upon
19 the occasion of capturing the 2011 New York State
20 Division II Wrestling Championship in the
21 171-pound division.
22 ACTING PRESIDENT GRIFFO: Senator
23 Nozzolio.
24 SENATOR NOZZOLIO: Thank you,
25 Mr. President. On the resolutions.
3087
1 Mr. President and my colleagues, as
2 Father Young indicated today in his invocation,
3 that we recognize the outstanding contributions
4 of New Yorkers and, in so doing, chart a path for
5 excellence that our state is accustomed to.
6 Today, with these resolutions, we
7 are honoring three outstanding young
8 New Yorkers -- one who couldn't be with us today,
9 Bill Koll, who is a state champion wrestler, and
10 two young men who could be with us today. And
11 I'd like to ask this body to recognize the
12 contributions of both Bill Koll, who's a state
13 champion wrestler, along with Craig and Owen
14 Scott. And those gentlemen are here today.
15 Craig and Owen have won the 2011
16 New York State Division II wrestling
17 championships in their respective weight
18 classes. They are outstanding young men by all
19 accounts. This is not their first state title.
20 Winning back-to-back state championships is an
21 exemplary achievement, and both Craig and Owen
22 were exhibiting that achievement and should be so
23 recognized as two-time state champions.
24 The story of Craig and Owen Scott
25 gets even better. They are outstanding athletes,
3088
1 but more importantly they are outstanding
2 students. And both of them have achieved
3 admittance to Cornell University, a wonderful
4 university. We're all very proud of Cornell.
5 Cornell has a wonderful educational legacy, and
6 it is growing in its recognition as a wrestling
7 legacy as well. Many All-Americans, All-Ivys,
8 and national NCAA champions are part of that
9 legacy that Craig and Owen will be joining in
10 just a few short months.
11 They are here today along with Tom
12 Schmandt, who is director of physical education,
13 athletics and community services for
14 Palmyra-Macedon Central School District.
15 And I ask each of these fine young
16 men, along with their athletic director, who's
17 running an outstanding program at Pal-Mac, to be
18 so recognized by this resolution and,
19 Mr. President, by the recognition of this
20 chamber. I'm honored to present these state
21 champions to my colleagues and thank you for this
22 recognition.
23 ACTING PRESIDENT GRIFFO: Thank
24 you, Senator Nozzolio.
25 The question is on the
3089
1 resolutions. All in favor signify by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT GRIFFO: Opposed,
4 nay.
5 (No response.)
6 ACTING PRESIDENT GRIFFO: The
7 resolutions are adopted.
8 We want to welcome Owen and Craig
9 Scott, who are with us today, the state
10 champions. Congratulations to all of you. Let's
11 extend the courtesy of the house.
12 (Applause.)
13 ACTING PRESIDENT GRIFFO: I'd also
14 like to acknowledge the athletic director,
15 Mr. Tom Schmandt, who happens to come from my
16 hometown. So it's great to have Mr. Schmandt
17 with us too. Tom, thank you.
18 Senator Libous.
19 SENATOR LIBOUS: Mr. President,
20 gentlemen. I want to congratulate the gentlemen
21 also. I know this is shocking to many of you,
22 but I was a wrestler in my day also, and this is
23 what happens over time. So, gentlemen,
24 congratulations.
25 Mr. President, at this time there
3090
1 will be an immediate meeting of the Rules
2 Committee in Room 332, an immediate meeting of
3 the Rules Committee in 332. The Senate will
4 stand at ease.
5 ACTING PRESIDENT GRIFFO: There
6 will be an immediate meeting of the Rules
7 Committee in Room 332. The Senate stands at
8 ease.
9 (Whereupon, the Senate stood at ease
10 at 3:26 p.m.)
11 (Whereupon, the Senate reconvened at
12 3:46 p.m.)
13 ACTING PRESIDENT GRIFFO: The
14 Senate will come to order.
15 Senator Libous.
16 SENATOR LIBOUS: Mr. President, I
17 believe there's a report of the Rules Committee
18 at the desk.
19 ACTING PRESIDENT GRIFFO: The
20 Secretary will read.
21 THE SECRETARY: Senator Skelos,
22 from the Committee on Rules, reports the
23 following bill direct to third reading.
24 By Senator Maziarz, Senate Print
25 5367, an act to amend the Real Property Tax Law.
3091
1 ACTING PRESIDENT GRIFFO: Senator
2 Libous.
3 SENATOR LIBOUS: Thank you,
4 Mr. President. Could we at this time have a
5 reading of the noncontroversial calendar.
6 ACTING PRESIDENT GRIFFO: I'll
7 entertain a motion to accept the Rules Committee
8 report.
9 SENATOR LIBOUS: I'm sorry,
10 Mr. President. At this point in time could we
11 please accept the report of the Rules Committee.
12 ACTING PRESIDENT GRIFFO: All in
13 favor of accepting the Rules Committee report
14 signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT GRIFFO: Opposed,
17 nay.
18 (No response.)
19 ACTING PRESIDENT GRIFFO: The
20 committee report is accepted.
21 Senator Libous.
22 SENATOR LIBOUS: Thank you,
23 Mr. President. I apologize for that. It is
24 Monday, and the day is moving quite quickly.
25 At this time could we proceed with
3092
1 the reading of the noncontroversial calendar.
2 ACTING PRESIDENT GRIFFO: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 26, by Senator Marcellino, Senate Print 957, an
6 act to amend the Vehicle and Traffic Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect on the first of November.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 58. Nays,
15 1. Senator Duane recorded in the negative.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 102, by Senator Grisanti, Senate Print 2686A, an
20 act to amend the Parks, Recreation and Historic
21 Preservation Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect on the 180th day.
3093
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 59.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 160, by Senator Nozzolio, Senate Print --
9 SENATOR BRESLIN: Lay it aside.
10 ACTING PRESIDENT GRIFFO: Lay it
11 aside.
12 THE SECRETARY: Calendar Number
13 180, by Senator Marcellino, Senate Print 940, an
14 act to amend the Vehicle and Traffic Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 120th day.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 59.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3094
1 182, by Senator DeFrancisco, Senate Print 2903B,
2 an act to amend the Navigation Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 59.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 185, by Senator Nozzolio, Senate Print 474, an
15 act to amend the Correction Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
3095
1 THE SECRETARY: Calendar Number
2 213, by Senator Ranzenhofer, Senate Print 3337,
3 an act to amend the Elder Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 215, by Senator LaValle, Senate Print 815, an act
16 to amend the Social Services Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 180th day.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 59. Nays,
25 1. Senator Duane recorded in the negative.
3096
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 260, by Senator Ritchie, Senate Print --
5 SENATOR BRESLIN: Lay it aside.
6 ACTING PRESIDENT GRIFFO: Lay it
7 aside.
8 THE SECRETARY: Calendar Number
9 279, by Senator Larkin, Senate Print 3111, an act
10 to amend the Public Health Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the 180th day.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT GRIFFO: Senator
19 Adams, to explain his vote.
20 SENATOR ADAMS: Yes,
21 Mr. President, I just want to really commend my
22 colleague Senator Larkin on this bill. This is
23 an important bill around -- it directs the
24 Department of Health to establish a certificate
25 of birth resulting in stillbirth.
3097
1 Many parents who go through the
2 entire nine-month experience and their child is
3 stillborn, there's an emotional attachment and
4 there's no record of the child actually having a
5 birth certificate. And this will do that.
6 And I thank Senator Larkin for it,
7 and I encourage us to vote for this bill. I'm
8 hoping that the bill will pass in the Assembly.
9 The parents have been attempting to get this bill
10 passed and made into law for several years now.
11 And so hopefully this is the year that they can
12 deal with this very emotional issue of having a
13 child that's born and it's stillborn and they
14 don't have any record for that child.
15 I will be voting aye.
16 ACTING PRESIDENT GRIFFO: Senator
17 Adams to be recorded in the affirmative.
18 Senator Kennedy to explain his
19 vote.
20 SENATOR KENNEDY: Yes, thank you,
21 Mr. President. I too want to recognize Senator
22 Larkin for carrying this important bill.
23 This bill is important to so many
24 individuals and families across New York State.
25 This bill provides for the certificate of birth
3098
1 resulting in stillbirths. So many families are
2 looking forward to the birth of a child, only
3 unexpectedly and without notice that child in
4 utero dies. And the mother still has to deal
5 with the trauma of and the pain physically of
6 giving birth and then emotionally of the child
7 she's just given birth to having been stillborn.
8 And unfortunately today in New York
9 State there is no certificate of birth for this
10 child, there is only a certificate of death. So
11 what this bill will provide for -- and I hope
12 that the Assembly heeds this bill and this call
13 from thousands of individuals that have lost a
14 child through stillbirth across New York State --
15 is to enact this legislation.
16 And I appreciate the support. Many
17 individuals that haven't had the trauma of a
18 stillborn child don't necessarily understand that
19 this strikes to the heart of motherhood and of
20 fatherhood. And there are many groups that are
21 in support of this legislation.
22 I personally, in my life, have lost
23 a child at birth. We had the fortunate
24 circumstance of having four minutes with our
25 daughter, Bridget Nicole Kennedy. We named our
3099
1 daughter, baptized our daughter, and buried our
2 daughter. And we received a certificate of birth
3 because of that four minutes of a heartbeat.
4 There are many families that don't
5 have that opportunity and that closure that a
6 certificate of birth will give them. This will
7 give that closure with that certificate of
8 stillbirth to those families that have had that
9 unfortunate circumstance and that unfortunate
10 loss in their life. This is essentially the
11 right thing to do on a piece of legislation that
12 will affect, once again, thousands of mothers,
13 fathers, children and families.
14 Thank you. And again, thank you to
15 Senator Larkin who has proposed this and passed
16 this in this Senate for several years. And
17 hopefully, again, the Assembly will follow suit.
18 Thank you.
19 ACTING PRESIDENT GRIFFO: Senator
20 Kennedy to be recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: Ayes, 59. Nays,
23 2. Senators Duane and Hassell-Thompson recorded
24 in the negative.
25 ACTING PRESIDENT GRIFFO: The bill
3100
1 is passed.
2 THE SECRETARY: Calendar Number
3 282, by Senator Griffo, Senate Print 4193A, an
4 act to amend the Banking Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 303, by Senator Maziarz, Senate Print 152, an act
17 to amend the Penal Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 90th day.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 61.
3101
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 376, by Senator Fuschillo, Senate Print 4177, an
5 act to amend the Vehicle and Traffic Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 380, by Senator LaValle, Senate Print 1809, an
18 act to amend the Education Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
3102
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 389, by Senator Hannon, Senate Print 4376A, an
6 act to amend the Public Health Law.
7 SENATOR HANNON: Lay it aside.
8 ACTING PRESIDENT GRIFFO: The bill
9 is laid aside for the day.
10 THE SECRETARY: Calendar Number
11 536, by Senator Klein, Senate Print 3860A, an act
12 to amend Chapter 465 of the Laws of 1994.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 Senator Libous, that completes the
24 noncontroversial reading of the calendar.
25 SENATOR LIBOUS: Thank you,
3103
1 Mr. President.
2 Can we now have a reading of the
3 controversial calendar, please.
4 ACTING PRESIDENT GRIFFO: The
5 Secretary will ring the bell.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 160, by Senator Nozzolio, Senate Print 478, an
9 act to amend the Executive Law.
10 SENATOR BRESLIN: Explanation,
11 please.
12 ACTING PRESIDENT GRIFFO: An
13 explanation has been requested by Senator
14 Breslin, Senator Nozzolio.
15 SENATOR NOZZOLIO: Mr. President,
16 this measure allows the placement of fresh-cut
17 evergreen trees in public buildings and
18 governmental facilities.
19 It's hard to believe that a measure
20 like this would be necessary, but under rules and
21 regulations in the past, that particularly all
22 evergreen and those even made in, produced in
23 New York State are not allowed to be part of the
24 decorative nature that is placed in governmental
25 facilities. This bill simply allows that to
3104
1 occur.
2 ACTING PRESIDENT GRIFFO: Is there
3 any other Senator wishing to be heard?
4 Senator Squadron.
5 SENATOR SQUADRON: Thank you.
6 Would Senator Nozzolio yield for a question.
7 ACTING PRESIDENT GRIFFO: Senator
8 Nozzolio, do you yield for a question from
9 Senator Squadron?
10 The Senator yields.
11 SENATOR NOZZOLIO: Yes,
12 Mr. President, I'm happy to yield to Senator
13 Squadron.
14 SENATOR SQUADRON: Thank you very
15 much. Through you, Mr. President, I had a little
16 trouble hearing the sponsor. And it just talked
17 about the exception for religious symbols at the
18 end of the explanation. If he wouldn't mind just
19 repeating and clarifying the end of that
20 explanation, I'd appreciate it.
21 ACTING PRESIDENT GRIFFO: Could
22 you repeat that, Senator Squadron?
23 SENATOR SQUADRON: I didn't hear
24 the end of Senator Nozzolio's explanation and was
25 hope for a repeating or a clarification of it.
3105
1 SENATOR NOZZOLIO: Mr. President,
2 a repeating or clarification of the end of my
3 explanation?
4 SENATOR SQUADRON: It was a brief
5 explanation, Mr. President. If he were to
6 indulge, I would appreciate it.
7 ACTING PRESIDENT GRIFFO: You're
8 speaking to one specific area?
9 SENATOR SQUADRON: I thought he
10 used the phrase "religious symbols" in his
11 explanation in a context that I didn't fully
12 understand.
13 SENATOR NOZZOLIO: Mr. President,
14 I'm not aware of any religious symbol that is
15 part of this bill. That it's a -- it's my
16 understanding that an evergreen is a secular
17 symbol and that it does not have any connotation
18 for a specific religious focus.
19 SENATOR SQUADRON: Thank you,
20 Mr. President. And I want to thank the sponsor
21 for his explanation and clarification. Thank
22 you.
23 ACTING PRESIDENT GRIFFO: Is there
24 any other Senator wishing to be heard?
25 Senator Krueger.
3106
1 SENATOR KRUEGER: Thank you. I
2 guess I would like a clarification. This would
3 propose to allow evergreens in public
4 buildings -- without religious connotations,
5 since I think we just clarified that. Could it
6 have electric lights and other items attached to
7 the evergreens?
8 ACTING PRESIDENT GRIFFO: Senator
9 Nozzolio.
10 SENATOR NOZZOLIO: Now it is I who
11 is asking for clarification of the question.
12 Senator Krueger -- I deeply regret that I was not
13 able to hear the last portion of Senator
14 Krueger's question. Would she mind repeating
15 it?
16 SENATOR KRUEGER: Mr. President,
17 through you, I'd be happy to rephrase and repeat
18 my question.
19 So these evergreens that would be
20 allowed in public buildings wouldn't have
21 religious connotation. I was asking whether
22 these evergreens could have electric lights and
23 other decorations on them.
24 SENATOR NOZZOLIO: Mr. President,
25 through you, there are safety conditions set
3107
1 forth in this bill. That under this legislation
2 the trees -- the evergreen may be displayed in
3 public buildings under the conditions that
4 they're not directly exposed to any undue heat or
5 unsafe electrical devices, that they do not block
6 exits, that they are watered on a regular basis,
7 and that they're checked for dryness from time to
8 time.
9 ACTING PRESIDENT GRIFFO: Senator
10 Krueger.
11 SENATOR KRUEGER: Thank you,
12 Mr. President. If the sponsor would continue to
13 yield.
14 ACTING PRESIDENT GRIFFO: Senator
15 Nozzolio, do you continue to yield?
16 SENATOR NOZZOLIO: Yes,
17 Mr. President.
18 ACTING PRESIDENT GRIFFO: The
19 Senator yields.
20 SENATOR KRUEGER: Thank you. What
21 would be a safe electrical device in an evergreen
22 tree or other display?
23 SENATOR NOZZOLIO: Mr. President,
24 we ought to check the volume of our sound system
25 here in this great chamber, because I didn't say
3108
1 a safe electrical device, I said an unsafe
2 electrical device. That it was incumbent upon
3 those who are displaying these to make sure there
4 weren't any unsafe electrical devices that may
5 impede or otherwise ignite those evergreens that
6 would be allowed to be in public buildings.
7 SENATOR KRUEGER: Mr. President,
8 if through you the sponsor would continue to
9 yield.
10 ACTING PRESIDENT GRIFFO: Senator
11 Nozzolio, do you yield?
12 SENATOR NOZZOLIO: Yes,
13 Mr. President.
14 ACTING PRESIDENT GRIFFO: Senator
15 Krueger.
16 SENATOR KRUEGER: Thank you.
17 Would strings of light bulbs
18 attached through a long string of wires plugged
19 into an outlet be defined as a safe or an unsafe
20 electrical device in an evergreen tree that
21 didn't have religious connotation?
22 SENATOR NOZZOLIO: Mr. President,
23 it's hoped that those who are entrusted with our
24 New York State government, those who work day to
25 day in managing the buildings and operations of
3109
1 this government, would have actually the common
2 sense to understand what is a safe and not safe
3 electrical device, the common sense to understand
4 what live at-one-time plant may be in danger of
5 lack of safety in its building.
6 Senator, this is not to define
7 everything, this is just simply to say allow the
8 evergreens to be in the building, make sure
9 they're cared for, make sure they're not put next
10 to something that is going to ignite. And what
11 every homeowner has to understand, we hope the
12 government employees and custodians understand as
13 well.
14 SENATOR KRUEGER: Mr. President,
15 on the bill.
16 ACTING PRESIDENT GRIFFO: Senator
17 Krueger on the bill.
18 SENATOR KRUEGER: I want to thank
19 the sponsor for his explanation.
20 Here's my dilemma. I actually
21 don't know what the difference between a safe or
22 an unsafe electrical device on an evergreen tree
23 that doesn't have religious connotations is. And
24 I suspect if during the course of debate on the
25 floor of the Senate we can't figure that out, and
3110
1 that we're hoping people who I guess are
2 responsible for maintenance and upkeep in
3 government offices, that they do know the answer
4 to that and can correctly follow this law, I
5 think there's a big leap and assumption that they
6 would understand that.
7 And I certainly know from research
8 that evergreen trees put in homes and other
9 places for private use, very often for religious
10 connotations in approximately December 25th each
11 year, sometimes aren't correctly watered,
12 sometimes do dry out, and they have electric
13 light bulbs on strings and they create fire
14 hazards.
15 ACTING PRESIDENT GRIFFO: Senator
16 DeFrancisco, why do you rise?
17 SENATOR DeFRANCISCO: Would
18 Senator Krueger yield to a question, please.
19 ACTING PRESIDENT GRIFFO: Senator
20 Krueger, will you yield to a question from
21 Senator DeFrancisco?
22 SENATOR KRUEGER: Absolutely.
23 Yes, I will.
24 ACTING PRESIDENT GRIFFO: The
25 Senator yields.
3111
1 SENATOR DeFRANCISCO: Senator
2 Krueger, this bill provides for the safe display
3 of evergreens. Is your concern because sometime
4 this may be used as a religious symbol around
5 Christmastime? Is that what you don't like about
6 the bill?
7 SENATOR KRUEGER: No,
8 Mr. President, if I could answer. I actually
9 think that through constitutional challenges it's
10 clear that evergreens can't be used for that
11 purpose in government offices.
12 And yet this bill talks about
13 putting electric lights, nondangerous, on these
14 trees or other evergreens. So I am concerned
15 that they're a fire hazard and that I don't think
16 we should support their being in government
17 buildings because they're a fire hazard.
18 I think it's already clear that
19 they're not supposed to be there if they're for
20 religious purposes. So I was using a
21 hypothetical that around December 25th is when
22 many people do put trees with lights in various
23 buildings, and that they can be fire risks.
24 SENATOR DEFRANCISCO: Would
25 Senator Krueger yield to another question.
3112
1 ACTING PRESIDENT GRIFFO: Senator
2 Krueger?
3 SENATOR KRUEGER: Yes,
4 Mr. President.
5 SENATOR DeFRANCISCO: So you're
6 saying that picking the date December 25th was
7 just a hypothetical date that you just came out
8 as an example, and it has nothing --
9 SENATOR KRUEGER: Yes.
10 SENATOR DEFRANCISCO: And your
11 concern isn't that someone may put up a Christmas
12 tree around Christmastime in a government
13 building.
14 SENATOR KRUEGER: That's correct.
15 I agree that it's clear they can't do that.
16 I'm concerned that if you're
17 putting lights on an evergreen, that it can be a
18 fire risk. And that is yet another reason not to
19 have live or, let me rephrase it, not-yet-dead
20 evergreens put in public buildings with lights on
21 or near them.
22 SENATOR DEFRANCISCO: One last
23 question if she would yield, please.
24 SENATOR KRUEGER: Yes, I'd be
25 happy to yield.
3113
1 ACTING PRESIDENT GRIFFO: Senator
2 Krueger yields.
3 SENATOR DEFRANCISCO: So in effect
4 you support this bill because it requires safe
5 display of electrical lights or whatever it might
6 be, and it requires that which is not required
7 right now.
8 SENATOR KRUEGER: And yet I find
9 myself voting no, although I appreciate so much
10 my colleague's point. I don't think we should be
11 allowing evergreen trees to be in government
12 buildings with lights on or near them, because
13 they are a fire hazard.
14 SENATOR DEFRANCISCO: I have one
15 more question, I'm sorry. Would you yield
16 again?
17 SENATOR KRUEGER: Yes, I'd be
18 happy to yield.
19 ACTING PRESIDENT GRIFFO: The
20 Senator yields.
21 SENATOR DEFRANCISCO: Are you also
22 against any type of bushes or other types of --
23 not evergreen trees, other types of trees that
24 might connotate a holiday other than
25 December 25th?
3114
1 SENATOR KRUEGER: So the question
2 is not would they have lights on them and be at
3 risk, the question is would I have a problem with
4 any kind of shrubbery in a government building
5 being used to connotate a religious event? I
6 don't believe there should be religious symbols
7 for any religion in government buildings.
8 SENATOR DeFRANCISCO: Okay, thank
9 you. I appreciate the clarification.
10 ACTING PRESIDENT GRIFFO: Thank
11 you.
12 Senator Krueger.
13 SENATOR KRUEGER: I'll be voting
14 no. Thank you so much, Mr. President.
15 ACTING PRESIDENT GRIFFO: Senator
16 Krueger to be recorded in the negative, but we
17 haven't taken a vote yet.
18 Senator Squadron.
19 SENATOR SQUADRON: Thank you very
20 much. Would Senator DeFrancisco yield for a
21 question.
22 ACTING PRESIDENT GRIFFO: Senator
23 DeFrancisco yields.
24 SENATOR SQUADRON: Thank you so
25 much. I would ask -- I believe, from previous
3115
1 debates, Senator DeFrancisco is an attorney. I
2 would ask Senator DeFrancisco -- Senator Krueger
3 asserted that a Christmas tree in a government
4 building would not be constitutional or
5 appropriate. I wanted to ask Senator DeFrancisco
6 if his reading of the ruling of the Supreme Court
7 is that a Christmas tree in government buildings
8 would not be appropriate.
9 SENATOR DEFRANCISCO: Well, I
10 don't think there's anything inappropriate at all
11 about displaying a Christmas tree in any
12 location, quite frankly. I don't see the problem
13 with that.
14 There's certain religious
15 observations, whether it's Hanukkah, whether it's
16 Christmas, whether it's whatever it may be, for
17 those who celebrate that particular holiday, if
18 the people who are employed by the state
19 government want to somehow experience that
20 particular holiday in a festive way, I'm not
21 quite so sure what's gained by preventing people
22 that happen to have religious backgrounds or
23 religious beliefs not to participate in something
24 like that. I don't see it at all, and I -- I
25 don't see the point.
3116
1 SENATOR SQUADRON: Through you,
2 Mr. President, if Senator DeFrancisco would
3 continue to yield.
4 ACTING PRESIDENT GRIFFO: Senator
5 DeFrancisco, do you yield?
6 SENATOR DeFRANCISCO: Yes.
7 ACTING PRESIDENT GRIFFO: Senator
8 Squadron.
9 SENATOR SQUADRON: Is it Senator
10 DeFrancisco's understanding of this legislation
11 that this legislation in fact permits the display
12 of Christmas trees in state buildings?
13 SENATOR DEFRANCISCO: This
14 particular legislation says what it says:
15 evergreens. And you can put lights on
16 evergreens.
17 If you want to put lights on
18 evergreens to celebrate Hanukkah, God bless you.
19 I'll be more than happy to be there and light one
20 of the lights. If it's going to be used to put
21 lights on it to celebrate Christmas, I'll be
22 there with my Santa Claus costume on.
23 The fact of the matter is there is
24 nothing, in my judgment, unconstitutional or
25 wrong with citizens of various religious faiths
3117
1 that work for state government to celebrate those
2 holidays. And if it offends somebody, well, I'm
3 sorry it does, but I think it's nothing that
4 should be prevented.
5 ACTING PRESIDENT GRIFFO: Senator
6 Nozzolio, why do you rise?
7 SENATOR NOZZOLIO: I'm asking
8 Senator Squadron to yield.
9 ACTING PRESIDENT GRIFFO: Senator
10 Squadron, do you yield?
11 SENATOR SQUADRON: Mr. President,
12 just as a point of order, I certainly will be
13 happy to yield to the sponsor of this memo during
14 this debate. I believe that I still have the
15 floor and was asking Senator DeFrancisco to
16 yield.
17 ACTING PRESIDENT GRIFFO: Senator
18 Squadron, you have the floor. You've asked
19 Senator DeFrancisco a question. Senator Nozzolio
20 rose to ask whether or not you would yield for
21 him to ask you a question, so it is appropriate.
22 SENATOR SQUADRON: Well, I would
23 ask the sponsor's indulgence for just two more
24 questions to Senator DeFrancisco, if he's willing
25 to yield, and then I will of course yield to the
3118
1 sponsor for as many questions as he would like.
2 ACTING PRESIDENT GRIFFO: At this
3 time Senator Squadron does not yield, Senator
4 Nozzolio.
5 Senator Squadron.
6 SENATOR SQUADRON: Thank you very
7 much. Would Senator DeFrancisco continue to
8 yield.
9 SENATOR DEFRANCISCO: Absolutely.
10 ACTING PRESIDENT GRIFFO: Senator
11 DeFrancisco yields.
12 SENATOR SQUADRON: Thank you so
13 much.
14 Based on what you just said, based
15 on what Senator DeFrancisco just said that, you
16 know, this allows evergreens, they can be any
17 sort of tree -- if this bill were to only allow
18 the display of Christmas trees and not touch on
19 any other tradition or possibility, but
20 specifically just Christmas trees, would Senator
21 DeFrancisco continue to think that this
22 legislation were constitutional?
23 SENATOR DEFRANCISCO: You know,
24 that is the most asinine question I've heard
25 since I've been on the Senate floor. This bill
3119
1 doesn't say that. If the --
2 SENATOR SQUADRON: Point of
3 personal privilege, Mr. President.
4 SENATOR BRESLIN: Point of order.
5 SENATOR DEFRANCISCO: Excuse me.
6 May I answer the question?
7 ACTING PRESIDENT GRIFFO: Senator
8 Squadron, Senator DeFrancisco is asking --
9 SENATOR SQUADRON: Point of
10 personal privilege, Mr. President.
11 ACTING PRESIDENT GRIFFO: Senator
12 Squadron, Senator Breslin has rose to a point of
13 order. Senator DeFrancisco was finishing his
14 answer.
15 Senator Breslin, what is your point
16 of order?
17 SENATOR BRESLIN: My point of
18 order is to remain civil on the floor. That
19 there's a degree of respect that we all expect,
20 and we shouldn't be characterizing people's
21 conduct in a negative way.
22 ACTING PRESIDENT GRIFFO: Thank
23 you, Senator Breslin. Your point is well-taken.
24 Senator DeFrancisco, you may
25 continue to answer the question.
3120
1 SENATOR DEFRANCISCO: Okay, it's
2 not the most asinine question I've ever heard on
3 the floor.
4 I'd be more than -- it doesn't say
5 that. It doesn't say that. I could ask the
6 hypothetical, if this bill called for gallons per
7 mile rather than miles per gallon, would I
8 support a poster along those lines, like a
9 previous legislation. That's irrelevant, because
10 the bill doesn't say that.
11 SENATOR SQUADRON: Through you,
12 Mr. President. And I think I now have the honor
13 of the first, second, and third most asinine
14 things Senator DeFrancisco has ever heard on this
15 floor. So that is a great honor to be sure.
16 I wonder if Senator DeFrancisco has
17 access to the bill memo.
18 ACTING PRESIDENT GRIFFO: Are you
19 asking the Senator to continue to yield?
20 SENATOR SQUADRON: Yes, I am,
21 thank you.
22 ACTING PRESIDENT GRIFFO: Senator
23 DeFrancisco, do you continue to yield?
24 SENATOR DEFRANCISCO: Yes. I
25 don't have access, I don't have with me the bill
3121
1 memo. I do not.
2 ACTING PRESIDENT GRIFFO: Senator
3 Squadron.
4 SENATOR LARKIN: Through you,
5 Mr. President, since Senator DeFrancisco does not
6 have access to the bill memo on the bill that
7 we're debating --
8 ACTING PRESIDENT GRIFFO: Are you
9 speaking on the bill now, Senator Squadron?
10 SENATOR SQUADRON: I am.
11 ACTING PRESIDENT GRIFFO: Senator
12 Squadron on the bill.
13 SENATOR SQUADRON: -- I'll read
14 the bill memo for Senator DeFrancisco's
15 edification and anyone else who doesn't have
16 access to the memo.
17 "This legislation would allow the
18 seasonal display of fresh-cut Christmas trees and
19 wreaths in government buildings." Summary of
20 provisions -- I'm going to skip. I'll go on to
21 justification. "When a fresh-cut Christmas tree
22 is properly cared for, it has a high degree of
23 natural flame resistance," et cetera, et cetera.
24 So it is possible that Senator
25 DeFrancisco is discussing a different bill that
3122
1 has nothing to do with Christmas trees and does
2 not specifically, in the bill memo and bill
3 intent, speak only of Christmas trees, not of
4 menorahs or other religious traditions that
5 frankly I'm not sure --
6 ACTING PRESIDENT GRIFFO: Senator
7 Nozzolio, why do you rise?
8 SENATOR NOZZOLIO: On the bill,
9 Mr. President.
10 ACTING PRESIDENT GRIFFO: Senator
11 Squadron has the floor. Were you requesting that
12 Senator Squadron yield for a question?
13 SENATOR NOZZOLIO: No,
14 Mr. President.
15 ACTING PRESIDENT GRIFFO: Senator
16 Squadron still has the floor, Senator Nozzolio.
17 Senator Squadron, would you
18 conclude.
19 SENATOR SQUADRON: Thank you,
20 Mr. President. I will continue to speak on the
21 bill.
22 So unfortunately Senator
23 DeFrancisco certainly doesn't have access to the
24 bill memo, certainly hasn't read it. But
25 hopefully with this sort of further understanding
3123
1 of the very specific way that this bill is
2 designed -- look, my view actually is that
3 evergreens with the secular purpose to respect
4 certain traditions and certain times of the year
5 could be appropriate.
6 My concern is a bill that only does
7 that with a single tradition at a single point
8 without discussion or flexibility with other
9 ones. And this bill does so explicitly.
10 ACTING PRESIDENT GRIFFO: Senator
11 DeFrancisco, why do you rise?
12 SENATOR DEFRANCISCO: I'd like to
13 ask Senator Squadron a question if he'd yield.
14 ACTING PRESIDENT GRIFFO: Senator
15 Squadron, will you yield for a question from
16 Senator DeFrancisco?
17 SENATOR SQUADRON: I'd be happy
18 to.
19 ACTING PRESIDENT GRIFFO: Senator
20 DeFrancisco.
21 SENATOR DEFRANCISCO: If this bill
22 became law, is the language of the bill the law
23 or the language of the memorandum the law?
24 SENATOR SQUADRON: Through you,
25 Mr. President, the law on the books, as I'm sure
3124
1 Senator DeFrancisco is highly familiar, is the
2 language in the legislation.
3 As I'm sure he's also familiar,
4 when the law is interpreted by agencies, by
5 courts, by citizens, in this case by state
6 agencies, the legislative intent is I'm sure a
7 concept that Senator DeFrancisco has become
8 familiar with in his career.
9 SENATOR DEFRANCISCO: Would
10 Senator Squadron yield to another question.
11 ACTING PRESIDENT GRIFFO: Senator
12 Squadron, do you continue to yield?
13 SENATOR SQUADRON: I'd be happy
14 to.
15 ACTING PRESIDENT GRIFFO: Senator
16 DeFrancisco.
17 SENATOR DEFRANCISCO: Is the word
18 "Christmas" used at all in the legislation in any
19 location? Of the legislation, not the bill memo.
20 SENATOR SQUADRON: Through you,
21 Mr. President, it is not explicitly used in the
22 legislation. It is clearly defined, though, in
23 the bill memo.
24 ACTING PRESIDENT GRIFFO: Senator
25 Squadron, you want to continue on the bill?
3125
1 SENATOR SQUADRON: No, thank you
2 very much, Mr. President.
3 And to the bill sponsor, of course
4 I will yield if he's still interested.
5 ACTING PRESIDENT GRIFFO: Senator
6 Nozzolio, are you on the bill?
7 SENATOR NOZZOLIO: On the bill,
8 Mr. President.
9 ACTING PRESIDENT GRIFFO: On the
10 bill.
11 SENATOR NOZZOLIO: I wish to
12 clarify some of the misconceptions that my
13 colleagues have put forward on discussing this
14 legislation.
15 First and foremost, the display of
16 evergreen as a secular holiday decoration within
17 a government building is permitted by the United
18 States Supreme Court's decision in Skoros v. City
19 of New York and the County of Allegheny case in
20 the early 1980s. This is well-stated law that
21 evergreen, whether it's in Christmas or in July,
22 is allowed to be placed in a government
23 building. And that it is a secular display, not
24 a religious display per se. Menorahs and the
25 Star and Crescent are also allowed in government
3126
1 buildings.
2 The second issue brought forth by
3 Senator Liz Krueger was one of safety with
4 certain electrical devices. Well, Underwriters
5 Laboratory sells appropriate Christmas
6 decorations, held appropriate because
7 Underwriters Laboratory tests them. And before
8 selling those products, they have to meet certain
9 fire code and fire resistance standards.
10 That's what's meant by safe
11 electrical devices, one that would be sold to the
12 public through the normal means of commerce. And
13 Underwriters Laboratory is often the test and the
14 standard for which those types of products are
15 gauged.
16 Mr. President, this measure, simple
17 and direct. Let's allow something fresh,
18 something green, something live, something that
19 is produced in New York to be part of government
20 building decoration at the appropriate time.
21 Allowed by the Supreme Court of the United
22 States, allowed by Underwriters Laboratory as
23 deemed as safe. Simple bill, simple answers.
24 Let's vote.
25 Thank you, Mr. President.
3127
1 ACTING PRESIDENT GRIFFO: Seeing
2 and hearing no other Senator wishing to be heard,
3 debate is closed.
4 The Secretary will ring the bell.
5 Read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT GRIFFO: Announce
12 the results.
13 THE SECRETARY: Ayes, 56. Nays,
14 3. Senators L. Krueger, C. Kruger and Squadron
15 recorded in the negative.
16 Absent from voting: Senators
17 Espaillat and Huntley.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 260, by Senator Ritchie, Senate Print 4054A, an
23 act to amend the Agriculture and Markets Law.
24 SENATOR BRESLIN: Explanation.
25 ACTING PRESIDENT GRIFFO: An
3128
1 explanation has been requested by Senator
2 Breslin.
3 Senator Ritchie.
4 SENATOR RITCHIE: This amends the
5 Agriculture and Markets Law by adding other
6 frozen desserts made with wine. This bill would
7 limit the percentage of alcohol in frozen
8 desserts to not more than 5 percent alcohol by
9 volume, prohibits its sale to persons under the
10 age of 21, and requires product labeling and
11 warning statements similar to those established
12 for confectionery that contains alcohol.
13 ACTING PRESIDENT GRIFFO: Thank
14 you.
15 Is there any other Senator wishing
16 to be heard? Seeing none, debate is closed.
17 The Secretary will ring the bell.
18 Read the last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect on the 30th day.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 59.
25 Absent from voting are Senators
3129
1 Huntley and Espaillat.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 Senator Libous, that concludes the
5 controversial reading of the original calendar.
6 SENATOR LIBOUS: Thank you,
7 Mr. President. At this time can we go to the
8 noncontroversial reading of Senate Supplemental
9 Calendar Number 41A.
10 ACTING PRESIDENT GRIFFO: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 673, by Senator Maziarz, Senate Print 5367, an
14 act to amend the Real Property Tax Law.
15 SENATOR BRESLIN: Lay it aside.
16 ACTING PRESIDENT GRIFFO: The bill
17 is laid aside.
18 Senator Libous.
19 SENATOR LIBOUS: Mr. President, at
20 this time may we go to the controversial reading
21 of Supplemental Calendar Number 41A.
22 ACTING PRESIDENT GRIFFO: The
23 Secretary will ring the bell for the
24 controversial reading. And the Secretary will
25 read.
3130
1 THE SECRETARY: Calendar Number
2 673, by Senator Maziarz, Senate Print 5367, an
3 act to amend the Real Property Tax Law.
4 SENATOR BRESLIN: Explanation.
5 ACTING PRESIDENT GRIFFO: An
6 explanation has been requested by Senator
7 Breslin.
8 Senator Maziarz.
9 SENATOR MAZIARZ: Thank you,
10 Mr. President.
11 Just very briefly, this bill makes
12 all new or improved electric generating
13 facilities eligible for property tax abatements
14 in the City of New York. All new or improved
15 electric generating facilities in the City of
16 New York.
17 There is another bill, sponsored I
18 believe by Senator Lanza, that is somewhat
19 limited in scope. This bill opens up the
20 opportunity for these tax abatements to more
21 facilities.
22 And as I'm sure everyone knows,
23 particularly those who represent the city know
24 that there is a need, and clearly the ISO just
25 came out with a report that shows there's going
3131
1 to be even greater need for more generation, more
2 power in the downstate area. The long-term
3 problem is transmission. There is a problem in
4 the Utica/Rome region with transmission and then
5 a problem south of Albany, down in the
6 Hudson Valley, in transmitting of power.
7 So this is going to provide for
8 incentives for more generation in the City of
9 New York. Solar generation, wind, whatever is
10 appropriate.
11 Thank you, Mr. President.
12 ACTING PRESIDENT GRIFFO: Is there
13 any other Senator wishing to be heard?
14 Senator Krueger.
15 SENATOR KRUEGER: Thank you. If
16 the sponsor would please yield.
17 SENATOR MAZIARZ: Certainly.
18 ACTING PRESIDENT GRIFFO: Senator
19 Maziarz yields, Senator Krueger.
20 SENATOR KRUEGER: I would like to
21 let him have a drink of water and get the cough
22 out of his throat first, if that's okay.
23 ACTING PRESIDENT GRIFFO: You can
24 begin asking your question.
25 SENATOR KRUEGER: Certainly.
3132
1 Senator Maziarz pointed out in his
2 explanation of the bill that there are two bills
3 and that this bill is being put forward because
4 it would allow more potential energy plants to be
5 included in the Industrial and Commercial
6 Incentive Program exempted from city property
7 tax. Can he tell me what the cost to the City of
8 New York would be from his bill versus the cost
9 to the City of New York from Senator Lanza's bill
10 that he referenced as an alternative?
11 SENATOR MAZIARZ: Well, we can
12 only come up with an approximate cost, Senator,
13 because we have no idea how many generating
14 facilities would take advantage of this program.
15 But the approximate cost that we had was about
16 $250 million.
17 SENATOR KRUEGER: Mr. President,
18 if through you the sponsor would continue to
19 yield.
20 ACTING PRESIDENT GRIFFO: The
21 sponsor yields.
22 SENATOR KRUEGER: Thank you. It's
23 a $250 million difference between Senator Lanza's
24 bill's cost to the City of New York and Senator
25 Maziarz's bill's cost to the City of New York?
3133
1 SENATOR MAZIARZ: Mr. President,
2 the answer is no. It's a total of $250 million,
3 not in addition to the other bill.
4 The other bill has an Assembly
5 sponsor. This bill does not.
6 ACTING PRESIDENT GRIFFO: Senator
7 Krueger.
8 SENATOR KRUEGER: Thank you,
9 Mr. President. If the sponsor then could clarify
10 for me.
11 The other bill, which has a sponsor
12 and actually has passed the Assembly, what would
13 that cost the City of New York?
14 SENATOR MAZIARZ: I'm sorry,
15 Mr. President, there was another conversation
16 going on.
17 ACTING PRESIDENT GRIFFO: Senator
18 Krueger, could you please repeat the question?
19 SENATOR KRUEGER: Certainly.
20 Would Senator Maziarz tell me what the cost to
21 the City of New York for the bill that passed the
22 Assembly and is sponsored by Senator Lanza in
23 this house would cost the City of New York?
24 SENATOR MAZIARZ: Again,
25 Mr. President, through you. It would all depend
3134
1 on how many -- it's a very difficult question to
2 answer because you don't know how many
3 companies are going to take advantage of the
4 program. It's like a lot of the programs that we
5 pass.
6 But again, we did make what I would
7 say is more of a guesstimate than an estimate,
8 and the other bill was about $200 million,
9 Senator.
10 SENATOR KRUEGER: Mr. President,
11 if through you the sponsor would continue to
12 yield.
13 ACTING PRESIDENT GRIFFO: The
14 sponsor yields, Senator Krueger.
15 SENATOR MAZIARZ: Yes,
16 Mr. President.
17 SENATOR KRUEGER: Thank you.
18 And in Senator Lanza's bill, as I
19 read it and the memo supporting it, there would
20 be a savings to ratepayers of approximately a
21 billion dollars over the next three years. And
22 that is explicit within Senator Lanza's bill,
23 S -- excuse me, I have to find Senator Lanza's
24 bill number.
25 But my reading of Senator Maziarz's
3135
1 bill is that there's no obligation to save the
2 ratepayers the billion dollars. Is that
3 correct?
4 SENATOR MAZIARZ: No,
5 Mr. President, that's not correct.
6 I think that clearly, with Senator
7 Lanza's bill, there is a savings to ratepayers.
8 But again, Senator, it all depends on the number
9 of companies, how many customers they serve, as
10 to how much the savings would be to the
11 ratepayers.
12 We would hope that this bill,
13 because it's a little wider in scope than Senator
14 Lanza's, that perhaps -- even though Senator
15 Lanza's bill, which we're not debating today, is
16 an excellent bill, an excellent bill -- you know,
17 I think it would all depend on the number that
18 took advantage of the program. But there would
19 be savings to the ratepayers in both bills.
20 SENATOR KRUEGER: Well, when I
21 read --
22 SENATOR MAZIARZ: If under Senator
23 Lanza's bill more companies took advantage of the
24 program, then there would be more savings to
25 ratepayers than there would be under this
3136
1 particular bill. I presume that there's probably
2 only going to be one bill that passes both
3 houses.
4 SENATOR KRUEGER: Thank you,
5 Mr. President. If the sponsor would continue to
6 yield, please.
7 SENATOR MAZIARZ: Yes,
8 Mr. President.
9 ACTING PRESIDENT GRIFFO: The
10 sponsor yields.
11 SENATOR KRUEGER: I'm just going
12 to read a paragraph from the memo of opposition
13 to his bill from the City of New York and then
14 follow up through with the question.
15 "It is worth noting that the
16 beneficiaries of this legislation" -- we're
17 referring to Senator Maziarz's bill, 5367 --
18 "have argued to FERC that, even if the state
19 grants them an as-of-right tax exemption, the
20 increased rates approved in January should remain
21 in place. They would like both a
22 taxpayer-funded, 100 percent property tax
23 exemption for 15 years and substantial electric
24 rate increases borne by New York City
25 ratepayers."
3137
1 Given that this is the analysis and
2 position of the City of New York and this bill
3 would only impact the City of New York, would
4 only cost the City of New York in lost property
5 tax collection, and would only impact the
6 ratepayers of New York City -- who may face an
7 additional billion dollars in utility costs over
8 the next three years -- why should we move a bill
9 not supported by the City of New York, formally
10 opposed by the City of New York, that has all of
11 these ramifications only for the City of
12 New York?
13 SENATOR MAZIARZ: Mr. President,
14 through you. The answer to Senator Krueger's
15 question is the mayor is not always right.
16 (Laughter.)
17 SENATOR KRUEGER: I'm so sorry, my
18 staff were saying something to me at the punch
19 line. Could you repeat the punch line?
20 SENATOR MAZIARZ: Let me repeat
21 it. Let me repeat this.
22 ACTING PRESIDENT GRIFFO: It was
23 very succinct.
24 SENATOR MAZIARZ: Let me repeat
25 this. The answer to Senator Krueger's question
3138
1 is the mayor is not always right.
2 ACTING PRESIDENT GRIFFO: Senator
3 Krueger.
4 SENATOR KRUEGER: Mr. President,
5 through you.
6 SENATOR MAZIARZ: The record
7 should show there are several of my colleagues
8 shaking their heads in agreement over there. I
9 don't know -- the mayor better not be watching.
10 ACTING PRESIDENT GRIFFO: Senator
11 Krueger.
12 SENATOR KRUEGER: Mr. President,
13 for the record, I agree. The mayor is absolutely
14 not always right.
15 However, we have a Governor's
16 program bill, which is Senator Lanza's bill, that
17 I was hoping we would take up on the floor
18 sometime soon, which has the blessing of the City
19 of New York and the Governor of New York.
20 But even skipping the part where
21 Senator Maziarz might say "but even the Governor
22 is not always right," to continue my
23 questioning. In almost every if not every
24 property tax bill, abatement bill that we have
25 done in this legislative house as long as I have
3139
1 been here -- and there were a whole group of them
2 that went through the Finance Committee today,
3 allowing exemptions from property taxes -- it was
4 at local option. Is Senator Maziarz's bill at
5 local option?
6 ACTING PRESIDENT GRIFFO: Is the
7 bill at local option, she asked, Senator Maziarz.
8 SENATOR MAZIARZ: I'm sorry. I'm
9 sorry, Mr. President.
10 Senator Krueger, as you know, in
11 the Finance Committee you asked that same
12 question, and counsel there indicated that it was
13 not. So I could only tell you what counsel
14 instructed me, that it was not.
15 ACTING PRESIDENT GRIFFO: Senator
16 Krueger.
17 SENATOR KRUEGER: Thank you,
18 Mr. President.
19 That's right, I asked it in Finance
20 and I expected to get the same answer here, but I
21 wanted everyone to hear the answer. Because more
22 of us listen during the chamber debates than in
23 committee.
24 SENATOR MAZIARZ: I wasn't
25 critical of you for asking it twice, I just
3140
1 wanted to point out that the answer was the same.
2 SENATOR KRUEGER: So,
3 Mr. President, on the bill.
4 ACTING PRESIDENT GRIFFO: Senator
5 Krueger on the bill.
6 SENATOR KRUEGER: Not only am I in
7 strong opposition to this bill and urge all of my
8 colleagues to vote no, but I would hazard to
9 guess that if I were to submit a bill to the
10 floor of the Senate that was going to force
11 property tax abatements in Senator Maziarz's
12 district, not do anything to decrease the utility
13 bills of the consumers of electricity in Senator
14 Maziarz's district, and that I didn't care
15 whether his county exec or his mayors were
16 strongly opposed, that I would hear quite a bit
17 of opposition on the floor of the Senate, both in
18 committee and here in the chambers, that I had
19 absolutely no right to force decisions on a
20 locality, that my vote would only impact his
21 district, his property taxes, and his utility
22 bill payers with no impact to the State of
23 New York. I am quite sure that I would hear very
24 strong objection from my colleagues.
25 And so I strongly object. The City
3141
1 Council has not asked for this bill, whether or
2 not a home rule message is required. The mayor
3 of New York City -- even though I am saying
4 you're right, he's not always right -- he is
5 saying this is going to cost the City of New York
6 too much money for no value to the ratepayers of
7 the City of New York.
8 He has worked with the Governor on
9 a program bill supported by the City of New York,
10 by the Governor, passed already by the Assembly,
11 and I appreciate supported by Senator Lanza. And
12 I sincerely do not understand why we're not
13 passing the correct bill that is asked for and
14 needed by the City of New York but instead are
15 asked to support a bill that will do harm to the
16 City of New York with no value to the ratepayers.
17 So not only do I strongly urge a no
18 vote, I hope that every member of this house,
19 regardless of what side of the aisle they sit on,
20 thinks about whether they want to vote yes
21 despite the fact that almost all of them have
22 spoken either on the floor or in public
23 discussion about the importance of home rule and
24 the importance of not sending unfunded mandates
25 to our localities -- and again, if this was being
3142
1 done to their district against their district's
2 wishes, would be voraciously fighting against the
3 bill.
4 So I hope everybody will be honest
5 and consistent in their philosophy of how we move
6 legislation that has local impact, negative local
7 impact, without the support of anyone in the
8 locality. I'm hoping to see many hands raised no
9 on this bill.
10 Thank you, Mr. President.
11 ACTING PRESIDENT GRIFFO: Senator
12 Gianaris.
13 SENATOR GIANARIS: Thank you,
14 Mr. President. Would the sponsor yield for a few
15 questions.
16 ACTING PRESIDENT GRIFFO: Senator
17 Maziarz, do you yield?
18 SENATOR MAZIARZ: Sure,
19 Mr. President.
20 ACTING PRESIDENT GRIFFO: The
21 Senator yields.
22 SENATOR GIANARIS: Would the
23 sponsor agree that the primary purpose of this
24 legislation is to avoid a rate increase approved
25 by the Federal Energy Regulatory Commission in
3143
1 the last few months that would result in a
2 12 percent increase in ratepayers' bills?
3 SENATOR MAZIARZ: Well, it's to
4 ensure that there's more generation in the city,
5 which needs more generation; that there's more
6 investment in the city, more job creation in the
7 city, and that the ratepayers do benefit from
8 this, yes.
9 SENATOR GIANARIS: Mr. President,
10 if the sponsor would continue to yield.
11 SENATOR MAZIARZ: Certainly,
12 Mr. President.
13 ACTING PRESIDENT GRIFFO: The
14 sponsor yields.
15 SENATOR GIANARIS: Is the sponsor
16 aware of the FERC decision in January that would
17 result in an increase in ratepayers' bills of as
18 much as 12 percent?
19 SENATOR MAZIARZ: Yes, I am.
20 SENATOR GIANARIS: And is this
21 bill designed to specifically address that
22 decision, or is it more generally about
23 encouraging generation?
24 SENATOR MAZIARZ: I would say
25 both, Senator.
3144
1 SENATOR GIANARIS: Okay. And,
2 Mr. President, if the sponsor would continue to
3 yield.
4 SENATOR MAZIARZ: Yes.
5 ACTING PRESIDENT GRIFFO: The
6 sponsor yields.
7 SENATOR GIANARIS: As it relates
8 to the FERC decision -- let's deal with those two
9 issues separately, if we can -- is it the
10 sponsor's understanding that the FERC decision in
11 January was related only to so-called peaker
12 plants, or plants that are designed to fill in
13 the gaps in generation at peak demand times?
14 SENATOR MAZIARZ: I think -- and I
15 don't have the decision in front of me, but I
16 have read it. But I think they were dealing not
17 just with the peaker plants, but I think that
18 they were dealing with the problem of lack of
19 generation going on into the future.
20 I think that they're in contact
21 with the ISO here in the state and that they're
22 very concerned, again, about something we're not
23 here to discuss, more of the transmission
24 problems. But that I think that FERC actually
25 sees the potential for problems in the downstate
3145
1 region as much more urgent even than the ISO
2 does.
3 So I'm -- I mean, I think that they
4 might have been focused on the peaker plants, but
5 I think they see that there's a big problem
6 coming, Senator.
7 SENATOR GIANARIS: Well,
8 Mr. President, whether FERC saw the bigger
9 problem or not, it's my understanding that the
10 January decision was very specifically designed
11 to address the fact that new peaking power plants
12 would not be receiving the guaranteed property
13 tax abatements.
14 And therefore, if my understanding
15 is correct, I would ask the sponsor why Senator
16 Lanza's bill, which deals specifically and only
17 with providing this incentive for the peaking
18 plants, is not a better approach and a more
19 limited approach which would not provide a
20 windfall to the energy companies that your bill
21 would provide.
22 SENATOR MAZIARZ: Well, as I think
23 I've said -- through you, Mr. President, I said
24 to our colleague Senator Krueger I think Senator
25 Lanza's bill is an excellent bill. And, you
3146
1 know, if it were before the house I would be in
2 support of it. But I think this identifies and
3 will take care of a larger, more looming problem
4 than that particular piece of legislation.
5 But I mean, again, if that were to
6 be before the house -- and it does have a sponsor
7 in the other house, which this bill does not.
8 SENATOR GIANARIS: And,
9 Mr. President, if the sponsor would continue to
10 yield.
11 SENATOR MAZIARZ: Yes,
12 Mr. President. Yes.
13 SENATOR GIANARIS: We're now on to
14 the second part of this, which is just more
15 generally, in the longer term, encouraging
16 generation. Is the sponsor aware of what the
17 estimates are as to when generation would no
18 longer be sufficient in New York?
19 SENATOR MAZIARZ: Well, through
20 you, Mr. President, the ISO just came out with a
21 report that said that the problems are going to
22 become more apparent in 2015. Senator Carlucci
23 and Senator Ball and myself and Senator Parker
24 just held a hearing, and the ISO testified -- and
25 this was just last week, last Thursday, actually,
3147
1 in Rockland County. And the ISO was there, and
2 they were testifying.
3 And I believe -- again, we were
4 there on a wholly different topic, but they
5 reference this report a lot, the ISO does.
6 Because I think they see the problem is this
7 looming disaster coming and, quite frankly,
8 nobody doing anything about it.
9 Now, last week during a debate on
10 another energy-related bill, the Article X bill,
11 someone on your side of the aisle -- and I don't
12 recall who it was -- said that, you know, it --
13 they referenced the ISO report and said it's not
14 going to be a problem till 2020. And those
15 people who testified at our hearing said, you
16 know, that it's coming even sooner than that.
17 And, you know, the problem is,
18 Senator, if we don't start building soon or doing
19 something soon, you know, you can't in -- let's
20 say the problem is not going to be until 2020.
21 You can't start building a power plant in 2019 to
22 take care of that problem. You have to start
23 soon.
24 And I'm sorry for the long answer,
25 but I think it's a much more global issue.
3148
1 SENATOR GIANARIS: I do appreciate
2 the answer. And if the sponsor would continue to
3 yield, I would --
4 SENATOR MAZIARZ: Certainly,
5 Mr. President.
6 SENATOR GIANARIS: I heard his
7 answer earlier that the mayor of New York City is
8 not right. And we can certainly agree that he's
9 not always correct. But would the sponsor agree
10 that the New York ISO is also not always correct,
11 and there are other estimates that bring the year
12 of the needed additional generation farther out
13 into the future than 2015 or 2020, for that
14 matter?
15 Would you like me to repeat the
16 question?
17 SENATOR MAZIARZ: Would you,
18 please?
19 SENATOR GIANARIS: The question is
20 whether you would agree not only is the mayor not
21 always correct, but also ISO is not always
22 correct, and that there are other estimates that
23 would take the year at which we would need
24 additional generation much farther out into the
25 future than either 2015 and 2020.
3149
1 SENATOR MAZIARZ: I would agree
2 with Senator Gianaris's characterization that the
3 ISO, like the mayor, is not always correct.
4 But I would also like to point out
5 for Senator Gianaris that, you know, some of
6 these peaker plants are what some people term --
7 some people, not necessarily myself -- dirty
8 plants. Oil plants. Usually they're a
9 combination of gas and oil and -- you know,
10 depending on pricing and so forth.
11 And what this bill will do is
12 encourage and incentivize the construction of
13 plants that are fueled, you know, through solar
14 energy or wind or cogeneration. Something to get
15 rid of the -- what some people term the dirty
16 plants. And just to be fair, Senator Gianaris, I
17 think that's a goal of both this legislation and
18 Senator Lanza's legislation.
19 SENATOR GIANARIS: Thank you,
20 Senator.
21 Mr. President, on the bill.
22 ACTING PRESIDENT GRIFFO: Senator
23 Gianaris on the bill.
24 SENATOR GIANARIS: This bill
25 attempts to do two things, and I think it's
3150
1 misguided in both.
2 Number one, it attempts to deal
3 with a federal decision that would increase rates
4 that was issued in January. Which, as I
5 understand it, was intended to deal only with the
6 problem faced by peaking power plants. Yet this
7 bill would apply the tax abatement to all power
8 plants, thus providing a windfall in terms of tax
9 benefits to an industry that certainly doesn't
10 need it at a time of severe budgetary problems.
11 Not only do we experience them here at the state,
12 but New York City has its own budget problems.
13 And guaranteeing tax abatements for
14 an energy industry that is experiencing record
15 profits is something that I think is beyond the
16 pale as we sit here, day in and day out,
17 listening to the significant budget problems that
18 we have throughout this state and throughout our
19 localities.
20 If we are to do this to save the
21 taxpayers this additional rate hike, which I
22 certainly support, we should do it in as limited
23 a fashion as possible, as typified in Senator
24 Lanza's bill, which already passed the Assembly
25 and has the support of the Governor. If we were
3151
1 to pass that bill today, it would become law in a
2 number of days and would save the ratepayers this
3 rate hike without providing additional benefits
4 to the energy industry which this bill would
5 provide.
6 Let's talk about the second thing
7 it also does, which is attempt to incentivize
8 generation that is not needed for, in all
9 likelihood, more than a decade.
10 I remember when I was first elected
11 to the Assembly 10 years ago and California was
12 having brownouts and all sorts of problems that
13 were caused in that state, and the industry took
14 every opportunity to ring the alarm and sound the
15 panic button and say we'd better build more in
16 New York because we're going to run out, we're
17 going to be like California, we're going to have
18 blackouts and we don't want that.
19 And I know a thing or two about
20 blackouts. We had a blackout in western Queens
21 in 2006 that lasted 10 days.
22 But that had nothing to do with
23 generation. All those warnings from 2001 turned
24 out to be false. Now the industry itself is
25 telling us we have several years before we need
3152
1 additional generation. We had 11 so-called
2 temporary plants jammed down our throats at
3 79.9 megawatts each, which we talked about when
4 we voted on the Article X bill last week, in the
5 name of avoiding the problems of California
6 because we were running out of electricity in
7 New York. It turned out not to be true.
8 We have time to do this
9 intelligently. We have time to do it without
10 wasting valuable taxpayer resources at a critical
11 time of budget shortages to an industry that's
12 got billions of dollars in profits in its
13 pockets.
14 We should save the ratepayers money
15 from the misguided FERC decision. We should do
16 it by passing Senator Lanza's bill as quickly as
17 possible. And that's why I encourage all my
18 colleagues to vote no on this bill today.
19 Thank you, Mr. President.
20 ACTING PRESIDENT GRIFFO: Thank
21 you, Senator Gianaris.
22 Is there any other Senator wishing
23 to be heard? Seeing none, debate is closed.
24 The Secretary will ring the bell.
25 Read the last section.
3153
1 THE SECRETARY: Section 10. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT GRIFFO: Senator
7 Krueger to explain her vote.
8 SENATOR KRUEGER: Thank you.
9 I think I did a pretty good job of
10 explaining my vote earlier, and yet I did not
11 seem to convince people. So one more small
12 fact. According to the City of New York, the
13 Senator Lanza bill we are not voting on today is
14 estimated to cost the city $10 million in lost
15 property taxes. And Senator Maziarz said that
16 his bill would lose the City of New York
17 $250 million.
18 So again, this is a big whopper of
19 an unfunded mandate to the City of New York
20 without their having any support whatsoever for
21 it. So again, maybe someone else wants to raise
22 their hand no.
23 Thank you, Mr. President.
24 ACTING PRESIDENT GRIFFO: Senator
25 Krueger to be recorded in the negative.
3154
1 Announce the results.
2 THE SECRETARY: Ayes, 41. Nays,
3 18. Voting in the negative are Senators Avella,
4 Breslin, Dilan, Duane, Gianaris,
5 Hassell-Thompson, Kennedy, L. Krueger, C. Kruger,
6 Oppenheimer, Parker, Perkins, Rivera, Savino,
7 Serrano, Smith, Squadron and Stewart-Cousins.
8 Absent from voting are Senators
9 Adams and Espaillat.
10 Ayes, 41. Nays, 18.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Also Senator
14 Sampson recorded in the negative.
15 ACTING PRESIDENT GRIFFO: Announce
16 the results.
17 THE SECRETARY: Ayes, 40. Nays,
18 19.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 Senator Libous, that completes the
22 controversial reading of the calendar.
23 SENATOR LIBOUS: Mr. President,
24 could we go back to motions and resolutions.
25 ACTING PRESIDENT GRIFFO: We will
3155
1 return to motions and resolutions.
2 Senator Libous.
3 SENATOR LIBOUS: On behalf of
4 Senator Maziarz, Mr. President, on page 44 I
5 offer the following amendments to Calendar Number
6 526, Senate Print 508, and ask that said bill
7 retain its place on the Third Reading Calendar.
8 ACTING PRESIDENT GRIFFO: The
9 amendments are received, and the bill will retain
10 its place on third reading.
11 SENATOR LIBOUS: And,
12 Mr. President, on behalf of Senator Hannon, on
13 page 32 I offer the following amendments to
14 Calendar Number 389, Senate Print 4376A, and I
15 ask that said bill retain its place on the Third
16 Reading Calendar.
17 ACTING PRESIDENT GRIFFO: The
18 amendments are received, and the bill will retain
19 its place on third reading.
20 Senator Libous.
21 SENATOR LIBOUS: Mr. President, is
22 there any further business at the desk?
23 ACTING PRESIDENT GRIFFO: There is
24 no further business.
25 SENATOR LIBOUS: Thank you,
3156
1 Mr. President.
2 There being no further business
3 before the Senate today, I move that we adjourn
4 until Tuesday, May 17th, at 3:00 p.m.
5 ACTING PRESIDENT GRIFFO: On
6 motion, the Senate stands adjourned until
7 Tuesday, May 17th, at 3:00 p.m. Senate
8 adjourned.
9 (Whereupon, at 4:58 p.m., the Senate
10 adjourned.)
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