Regular Session - January 30, 2012

                                                                   283

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 30, 2012

11                     3:25 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH E. ROBACH, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  

                                                               284

 1               P R O C E E D I N G S   

 2               ACTING PRESIDENT ROBACH:   The 

 3  Senate will come to order.  

 4               I ask everyone present to please 

 5  join with me in repeating the Pledge of 

 6  Allegiance.  

 7               (Whereupon, the assemblage recited 

 8  the Pledge of Allegiance to the Flag.)

 9               ACTING PRESIDENT ROBACH:   In the 

10  absence of clergy, may we please bow our heads in 

11  a moment of silence.

12               (Whereupon, the assemblage respected 

13  a moment of silence.)

14               ACTING PRESIDENT ROBACH:   The 

15  reading of the Journal.

16               THE SECRETARY:   In Senate, Sunday, 

17  January 29th, the Senate met pursuant to 

18  adjournment.  The Journal of Saturday, 

19  January 28th, was read and approved.  On motion, 

20  Senate adjourned.

21               ACTING PRESIDENT ROBACH:    Without 

22  objection, the Journal stands approved as read.

23               Presentation of petitions.

24               Messages from the Assembly.

25               The Secretary will read the 

                                                               285

 1  substitutions.

 2               THE SECRETARY:   On page 9, Senator 

 3  McDonald moves to discharge, from the Committee 

 4  on Rules, Assembly Bill Number 8693 and 

 5  substitute it for the identical Senate Bill 

 6  Number 6107A, Third Reading Calendar 13.

 7               ACTING PRESIDENT ROBACH:    

 8  Substitution ordered.

 9               THE SECRETARY:   On page 9, Senator 

10  LaValle moves to discharge, from the Committee on 

11  Rules, Assembly Bill Number 8957 and substitute 

12  it for the identical Senate Bill Number 6136, 

13  Third Reading Calendar 20.

14               ACTING PRESIDENT ROBACH:    

15  Substitution ordered.

16               THE SECRETARY:   And on page 13, 

17  Senator Seward moves to discharge, from the 

18  Committee on Corporations, Authorities and 

19  Commissions, Assembly Bill Number 8902 and 

20  substitute it for the identical Senate Bill 

21  Number 6128, Third Reading Calendar 75.

22               ACTING PRESIDENT ROBACH:    

23  Substitution so ordered.

24               Messages from the Governor.

25               Reports of standing committees.

                                                               286

 1               The Secretary will read.

 2               THE SECRETARY:   Senator 

 3  DeFrancisco, from the Committee on Finance, 

 4  reports the following nomination:  

 5               As Commissioner of the State 

 6  Insurance Fund, Donald T. DeCarlo, of Southold.

 7               ACTING PRESIDENT ROBACH:   Senator 

 8  Libous on the nomination.

 9               SENATOR LIBOUS:   Mr. President, at 

10  this time I move the nomination of Mr. DeCarlo.

11               ACTING PRESIDENT ROBACH:   All in 

12  favor of the confirmation signify by saying aye.  

13               (Response of "Aye.")

14               ACTING PRESIDENT ROBACH:   Opposed, 

15  nay.  

16               (No response.)

17               ACTING PRESIDENT ROBACH:    

18  Mr. Donald T. DeCarlo Southold is now confirmed 

19  as Commissioner of the State Insurance Fund.

20               Reports of select committees.

21               Communications and reports from 

22  state officers.

23               Motions and resolutions.

24               Senator Libous.

25               SENATOR LIBOUS:   Mr. President, 

                                                               287

 1  I'm going to read one motion that I have.  I move 

 2  that the following bills be discharged from their 

 3  respective committees and be recommitted with 

 4  instructions to strike the enacting clause:  

 5  2637, 4278, and 4279, by Senator Owen Johnson.

 6               ACTING PRESIDENT ROBACH:   So 

 7  ordered, Senator Libous.

 8               SENATOR LIBOUS:   Mr. President, at 

 9  this time I would ask for unanimous consent to 

10  have Senator Maziarz address the body.

11               ACTING PRESIDENT ROBACH:   Senator 

12  Maziarz.

13               SENATOR MAZIARZ:   Thank you very 

14  much, Mr. President and my colleagues.  It's 

15  truly an honor for me today to be here and to be 

16  representing my constituency, particularly the 

17  County of Niagara.  

18               I have two guests with me here 

19  today, Mr. President.  I have Deputy Sheriff 

20  Jonathan Andres and Deputy Sheriff Shawn Grapes.  

21  Deputy Andres and Deputy Grapes were recently 

22  honored as the Deputies of the Year by the New 

23  York State Sheriffs Association.  

24               On the early morning hours of 

25  July 18, 2011, one of their colleagues, Niagara 

                                                               288

 1  County Deputy Sheriff Allen Gerhardt, was in his 

 2  patrol vehicle and was pursuing a fleeing 

 3  criminal suspect.  Deputy Gerhardt unfortunately 

 4  lost control of that vehicle.  He slid into a 

 5  guardrail.  The guardrail penetrated his vehicle, 

 6  going completely through the vehicle.  And 

 7  unfortunately that guardrail severed both of 

 8  Deputy Gerhardt's legs.

 9               As Deputy Gerhardt lay there 

10  bleeding, Deputy Jonathan Andres came upon the 

11  scene, followed by Deputy Shawn Grapes.  Both of 

12  them took off their belts and applied tourniquets 

13  to both of the severed limbs of Deputy Gerhardt 

14  and assisted in getting Deputy Gerhardt immediate 

15  medical attention, which, in the eyes of the -- 

16  in the opinion of the doctors at Erie County 

17  Medical Center, saved Deputy Gerhardt's life.

18               Today Deputy Gerhardt is learning 

19  to walk again on his artificial legs.  He's 

20  alive, though, and he's home with his young 

21  children because of the heroic actions of Deputy 

22  Andres and Deputy Grapes.  

23               It was a well-deserved honor, 

24  well-deserved recognition.  What they did on that 

25  dark night on that very rural, remote highway in 

                                                               289

 1  Niagara County was just beyond the praise of all 

 2  of us here.  They did their job, did their duty, 

 3  and saved Allen Gerhardt's life and were 

 4  justifiably recognized by their colleagues from 

 5  across the State of New York.  

 6               So, colleagues, my colleagues here, 

 7  ladies and gentlemen, I want to introduce you to 

 8  Deputy Sheriff Jonathan Andres -- Jonathan, you 

 9  want to stand up? -- and also the second Deputy 

10  of the Year, Deputy Sheriff Shawn Grapes.  

11  Shawn?  

12               Congratulations, gentlemen, and 

13  thank you for the great work that you do.  

14               (Standing ovation.)

15               SENATOR MAZIARZ:  Thank you, 

16  Mr. President.  

17               ACTING PRESIDENT ROBACH:   Senator 

18  Gallivan.

19               SENATOR GALLIVAN:   Thank you, 

20  Mr. President.

21               And thank you, Senator Maziarz, for 

22  bringing our Deputies of the Year to Albany and 

23  introducing them and their accomplishments in 

24  front of everybody.  

25               And most importantly, let me thank 

                                                               290

 1  Deputy Andres, Deputy Grapes for what you do.  It 

 2  is an incredible honor to serve others in the 

 3  capacity of a law enforcement officer.  Many of 

 4  you know that, as my background, I also served as 

 5  a member of the State Sheriffs Association 

 6  Executive Committee and know, in consideration of 

 7  this particular award on an annual basis, how 

 8  much competition there is.  

 9               So it really is, amongst the 

10  thousands of acts of law enforcement officers 

11  across New York State, amongst the thousands of 

12  heroic efforts, people putting their lives on the 

13  line on a daily basis to protect our community 

14  and to stand between the potential chaos and the 

15  order that is so important to all of us, it is 

16  incredible that you're singled out.  And it 

17  really is well-deserved.  

18               So very simply, I would like to 

19  thank you for your service, commend you for your 

20  actions and, even beyond what you did in this 

21  single instance, what you do on a daily basis to 

22  protect Niagara County and what you and your 

23  fellow law enforcement brothers and sisters do 

24  across the state to protect all of us.  

25               Thank you.  And thank you, 

                                                               291

 1  Mr. President.

 2               ACTING PRESIDENT ROBACH:   Thank 

 3  you.  

 4               On behalf of Senator Maziarz, 

 5  Senator Gallivan, all the members, thank you for 

 6  your heroic acts and what you do every day.  And 

 7  welcome to the chamber.

 8               Senator Libous.

 9               SENATOR LIBOUS:   Mr. President, at 

10  this time could we go to the reading of the 

11  noncontroversial calendar.

12               (Pause.)

13               SENATOR LIBOUS:   Mr. President, if 

14  we could go back to motions and resolutions for a 

15  moment.  

16               And I believe you should call on 

17  Senator Klein.

18               ACTING PRESIDENT ROBACH:   Senator 

19  Klein.

20               SENATOR KLEIN:   Mr. President, I 

21  move that the following bills be discharged from 

22  their respective committees and be recommitted 

23  with instructions to strike the enacting clause:  

24  Senate Number 533, 534, 570, 572, 583, 617, 620, 

25  1514, 2484, 5076, and 5682, on behalf of myself.

                                                               292

 1               ACTING PRESIDENT ROBACH:   On 

 2  behalf of Senator Klein, so ordered.

 3               Senator Libous.

 4               SENATOR LIBOUS:   Mr. President, 

 5  now could we have the reading of the 

 6  noncontroversial calendar.

 7               ACTING PRESIDENT ROBACH:   The 

 8  Secretary will read.

 9               THE SECRETARY:   Calendar Number 

10  13, by Member of the Assembly Weisenberg, 

11  Assembly Print Number 8693, an act to amend a 

12  chapter of the Laws of 2011.

13               ACTING PRESIDENT ROBACH:   Read the 

14  last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT ROBACH:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 53.

21               ACTING PRESIDENT ROBACH:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  20, by Member of the Assembly Sweeney, Assembly 

25  Print Number 8957, an act to amend the Public 

                                                               293

 1  Service Law.

 2               ACTING PRESIDENT ROBACH:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 2.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT ROBACH:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               ACTING PRESIDENT ROBACH:   Senator 

10  LaValle to explain his vote.

11               SENATOR LaVALLE:  Thank you, 

12  Mr. President.

13               This legislation is the Long Island 

14  Power Authority Oversight and Accountability 

15  Act.  This legislation comes before us with the 

16  input from the Governor's office, the Senate and 

17  the Assembly.  It is one of the most far-reaching 

18  pieces of legislation to have oversight on a 

19  public authority.  

20               It will provide for an independent 

21  audit of both the operations and management of 

22  the Long Island Power Authority and look at every 

23  aspect of the business that they do, and also 

24  provide a vehicle for the consumer or the 

25  ratepayer, if they have any problems with the 

                                                               294

 1  authority.

 2               I would like to thank at this time 

 3  one of our colleagues, Senator Fuschillo, who 

 4  encouraged me for a number of years to stay the 

 5  course and pursue this so that the ratepayers on 

 6  Long Island would have transparency and a process 

 7  that would affect in a positive way not only the 

 8  operation but hopefully the rates that our 

 9  ratepayers pay.  

10               I vote yes.

11               ACTING PRESIDENT ROBACH:   Senator 

12  LaValle in the affirmative.  

13               Announce the results.

14               THE SECRETARY:   Ayes, 54.

15               ACTING PRESIDENT ROBACH:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  39, by Senator Little, Senate Print 4024, an act 

19  to amend the Real Property Tax Law.

20               ACTING PRESIDENT ROBACH:   Read the 

21  last section.

22               THE SECRETARY:   Section 2.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT ROBACH:   Call the 

25  roll.

                                                               295

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 54.

 3               ACTING PRESIDENT ROBACH:   The bill 

 4  is passed.

 5               THE SECRETARY:   Calendar Number 

 6  48, by Senator Ranzenhofer, Senate Print 3225, an 

 7  act to amend the Vehicle and Traffic Law.

 8               ACTING PRESIDENT ROBACH:   Read the 

 9  last section.

10               THE SECRETARY:   Section 2.  This 

11  act shall take effect on the first of November.

12               ACTING PRESIDENT ROBACH:   Call the 

13  roll.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 53.  Nays, 

16  1.  Senator Duane recorded in the negative.

17               ACTING PRESIDENT ROBACH:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

20  54, by Senator Maziarz, Senate Print 152, an act 

21  to amend the Penal Law.

22               ACTING PRESIDENT ROBACH:   Read the 

23  last section.

24               THE SECRETARY:   Section 2.  This 

25  act shall take effect on the 90th day.

                                                               296

 1               ACTING PRESIDENT ROBACH:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 54.

 5               ACTING PRESIDENT ROBACH:   The bill 

 6  is passed.

 7               THE SECRETARY:   Calendar Number 

 8  55, by Senator Klein, Senate Print 585, an act to 

 9  amend the Penal Law.

10               ACTING PRESIDENT ROBACH:   Read the 

11  last section.

12               THE SECRETARY:   Section 3.  This 

13  act shall take effect on the first of November.

14               ACTING PRESIDENT ROBACH:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 54.

18               ACTING PRESIDENT ROBACH:   The bill 

19  is passed.

20               THE SECRETARY:   Calendar Number 

21  56, by Senator Fuschillo, Senate Print 593A, an 

22  act to amend the Penal Law.

23               ACTING PRESIDENT ROBACH:   Read the 

24  last section.

25               THE SECRETARY:   Section 7.  This 

                                                               297

 1  act shall take effect on the first of November.

 2               ACTING PRESIDENT ROBACH:   Call the 

 3  roll.

 4               (The Secretary called the roll.)

 5               THE SECRETARY:   Ayes, 54.

 6               ACTING PRESIDENT ROBACH:   The bill 

 7  is passed.

 8               THE SECRETARY:   Calendar Number 

 9  58, by Senator Saland, Senate Print 1433, an act 

10  to amend the Criminal Procedure Law.

11               ACTING PRESIDENT ROBACH:   Read the 

12  last section.

13               THE SECRETARY:   Section 3.  This 

14  act shall take effect on the first day of the 

15  calendar month next succeeding the 30th day after 

16  it shall have become law.

17               ACTING PRESIDENT ROBACH:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 55.

21               ACTING PRESIDENT ROBACH:   The bill 

22  is passed.

23               THE SECRETARY:   In relation to 

24  Calendar Number 58:  Ayes, 54.  Nays, 1.  Senator 

25  Montgomery recorded in the negative.

                                                               298

 1               ACTING PRESIDENT ROBACH:   The bill 

 2  is passed.

 3               THE SECRETARY:   Calendar Number 

 4  59, by Senator Sampson, Senate Print 1618, an act 

 5  to amend the Penal Law.

 6               ACTING PRESIDENT ROBACH:   Read the 

 7  last section.

 8               THE SECRETARY:   Section 2.  This 

 9  act shall take effect immediately.

10               ACTING PRESIDENT ROBACH:   Call the 

11  roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 55.

14               ACTING PRESIDENT ROBACH:   The bill 

15  is passed.

16               THE SECRETARY:   Calendar Number 

17  60, by Senator Saland, Senate Print 2194, an act 

18  to amend the Criminal Procedure Law.

19               ACTING PRESIDENT ROBACH:   Read the 

20  last section.

21               THE SECRETARY:   Section 3.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT ROBACH:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               299

 1               THE SECRETARY:   Ayes, 55.

 2               ACTING PRESIDENT ROBACH:   The bill 

 3  is passed.

 4               THE SECRETARY:   Calendar Number 

 5  61, by Senator Flanagan, Senate Print 3207, an 

 6  act to amend the Penal Law.

 7               ACTING PRESIDENT ROBACH:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 4.  This 

10  act shall take effect on the first of November.

11               ACTING PRESIDENT ROBACH:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               ACTING PRESIDENT ROBACH:   Senator 

15  Montgomery.  

16               SENATOR MONTGOMERY:   Yes, 

17  Mr. President.  I would like unanimous consent to 

18  correct my vote.  I voted no on Calendar 54.  I 

19  need to vote no on Calendar 48 as well.  I was 

20  recorded in the affirmative.

21               ACTING PRESIDENT ROBACH:   Senator 

22  Montgomery, first, how are you voting on this 

23  bill?  Because we're on the roll call.  Are you a 

24  yes or a no on this one?  

25               SENATOR MONTGOMERY:   I'm voting no 

                                                               300

 1  on this bill.

 2               ACTING PRESIDENT ROBACH:  You're no 

 3  on the current bill.  

 4               SENATOR MONTGOMERY:   Yes.

 5               ACTING PRESIDENT ROBACH:   And you 

 6  want unanimous consent -- you already changed 

 7  your vote to no -- what one did you already vote 

 8  no on that we just changed?

 9               SENATOR MONTGOMERY:   58.  I meant 

10  to vote yes on Calendar 58.  But it's Calendar 48 

11  that I want to be no on, and yes on Calendar 58.

12               ACTING PRESIDENT ROBACH:   So you 

13  want unanimous consent to change your vote on 

14  Calendar 58 to a yes and 48 to a no?  

15               SENATOR MONTGOMERY:   That's 

16  correct.

17               ACTING PRESIDENT ROBACH:   Senator 

18  Libous.

19               SENATOR LIBOUS:   We will grant 

20  consent on this occasion and then, after 

21  discussion with the leader, I think we want to go 

22  back to our old standards where we don't do that 

23  anymore.  

24               But on this occasion we'll grant 

25  it, and then we'll deal with it as we move 

                                                               301

 1  forward.

 2               SENATOR MONTGOMERY:   Thank you for 

 3  the consideration, Mr. President.

 4               ACTING PRESIDENT ROBACH:   You're 

 5  welcome.

 6               On Calendar 61, announce the 

 7  results.

 8               THE SECRETARY:   Ayes, 53.  Nays, 

 9  2.  Senators Montgomery and Perkins recorded in 

10  the negative.

11               ACTING PRESIDENT ROBACH:   The bill 

12  is passed.

13               THE SECRETARY:   Calendar Number 

14  67, by Senator Fuschillo, Senate Print --

15               SENATOR BRESLIN:   Lay it aside.

16               ACTING PRESIDENT ROBACH:   The bill 

17  is laid aside.

18               SENATOR FUSCHILLO:   Lay it aside 

19  for the day.

20               ACTING PRESIDENT ROBACH:   Lay it 

21  aside for the day.

22               THE SECRETARY:   Calendar Number 

23  73, by Senator Griffo, Senate Print 5019B, an act 

24  to amend the Public Authorities Law.

25               ACTING PRESIDENT ROBACH:   Read the 

                                                               302

 1  last section.

 2               THE SECRETARY:   Section 3.  This 

 3  act shall take effect on December 31, 2013.

 4               ACTING PRESIDENT ROBACH:   Call the 

 5  roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 55.

 8               ACTING PRESIDENT ROBACH:   The bill 

 9  is passed.

10               THE SECRETARY:   Calendar Number 

11  75, by Member of the Assembly Magee, Assembly 

12  Print 8902, an act to amend the Public 

13  Authorities Law.

14               ACTING PRESIDENT ROBACH:   Read the 

15  last section.

16               THE SECRETARY:   Section 4.  This 

17  act shall take effect on the same date and in the 

18  same manner as a chapter of the Laws of 2011.

19               ACTING PRESIDENT ROBACH:   Call the 

20  roll.

21               (The Secretary called the roll.)

22               THE SECRETARY:   Ayes, 54.  Nays, 

23  1.  Senator Farley recorded in the negative.

24               ACTING PRESIDENT ROBACH:   The bill 

25  is passed.

                                                               303

 1               THE SECRETARY:   Calendar Number 

 2  84, by Senator Ritchie, Senate Print 3542, an act 

 3  requiring the State Fire Prevention and Building 

 4  Code Council.

 5               ACTING PRESIDENT ROBACH:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect immediately.

 9               ACTING PRESIDENT ROBACH:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               THE SECRETARY:   Ayes, 55.

13               ACTING PRESIDENT ROBACH:   The bill 

14  is passed.

15               THE SECRETARY:   Calendar Number 

16  85, by Senator Ritchie, Senate Print 5160, an act 

17  to amend the Agriculture and Markets Law.

18               ACTING PRESIDENT ROBACH:   Read the 

19  last section.

20               THE SECRETARY:   Section 2.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT ROBACH:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 55.

                                                               304

 1               ACTING PRESIDENT ROBACH:   The bill 

 2  is passed.

 3               THE SECRETARY:   Calendar Number 

 4  86, by Senator Little, Senate Print 554, an act 

 5  to amend the Parks, Recreation and Historic 

 6  Preservation Law.

 7               ACTING PRESIDENT ROBACH:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 2.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT ROBACH:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               ACTING PRESIDENT ROBACH:   Announce 

15  the results.

16               THE SECRETARY:   In relation to 

17  Calendar Number 86, those recorded in the 

18  negative are Senators Avella, Duane, Espaillat, 

19  Perkins, Rivera, Serrano, and Stavisky.

20               Ayes, 48.  Nays, 7.

21               ACTING PRESIDENT ROBACH:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  87, by Senator Marcellino, Senate Print 922, an 

25  act to amend the Navigation Law.

                                                               305

 1               ACTING PRESIDENT ROBACH:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT ROBACH:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 55.

 9               ACTING PRESIDENT ROBACH:   The bill 

10  is passed.

11               Senator Libous, that completes the 

12  noncontroversial calendar.

13               SENATOR LIBOUS:   Thank you, 

14  Mr. President.

15               There will be an immediate meeting 

16  of the Rules Committee in Room 332.

17               ACTING PRESIDENT ROBACH:    

18  Immediate meeting of the Rules Committee in 

19  Room 332 of the Capitol.

20               The Senate will stand at ease until 

21  that meeting is completed.

22               (Whereupon, the Senate stood at ease 

23  at 3:46 p.m.)

24               (Whereupon, the Senate reconvened at 

25  4:05 p.m.)

                                                               306

 1               ACTING PRESIDENT ROBACH:   Senator 

 2  Libous.

 3               SENATOR LIBOUS:   Thank you, 

 4  Mr. President.  

 5               And I believe there's a report of 

 6  Rules Committee at the desk.  I ask that it be 

 7  read at this time.

 8               ACTING PRESIDENT ROBACH:    

 9  Returning to reports of standing committees, the 

10  Secretary will read the report of the 

11  Rules Committee.  

12               THE SECRETARY:   Senator Skelos, 

13  from the Committee on Rules, reports the 

14  following bills:  

15               Senate Print 1315, by Senator 

16  Griffo, an act to amend the Alcoholic Beverage 

17  Control Law; 

18               And 5560A, by Senator Saland, an 

19  act to amend the Executive Law.

20               Both bills reported direct to third 

21  reading.

22               ACTING PRESIDENT ROBACH:   Senator 

23  Libous.

24               SENATOR LIBOUS:   Thank you, 

25  Mr. President.  I now move to accept the report 

                                                               307

 1  of the Rules Committee.

 2               ACTING PRESIDENT ROBACH:   All in 

 3  favor of accepting the report of the Rules 

 4  Committee signify by saying aye.

 5               (Response of "Aye.")

 6               ACTING PRESIDENT ROBACH:   Opposed, 

 7  nay.

 8               (No response.)

 9               ACTING PRESIDENT ROBACH:   The 

10  Rules report is accepted.

11               Senator Libous.

12               SENATOR LIBOUS:   Mr. President, 

13  can we please go back to motions and resolutions, 

14  please.

15               ACTING PRESIDENT ROBACH:   Motions 

16  and resolutions.

17               Senator Libous.  

18               SENATOR LIBOUS:   Mr. President, on 

19  page 12 I offer the following amendments to 

20  Calendar Number 62, Senate Print 3210A, and ask 

21  that said bill retain its place on the Third 

22  Reading Calendar.

23               ACTING PRESIDENT ROBACH:   The 

24  amendments are received, and the bill will retain 

25  its place on the Third Reading Calendar.  

                                                               308

 1               Senator Libous.

 2               SENATOR LIBOUS:   Mr. President, is 

 3  there any further business at the desk?  

 4               ACTING PRESIDENT ROBACH:   No 

 5  further business at the desk, Senator Libous.

 6               SENATOR LIBOUS:   Mr. President, at 

 7  this time I would like to extend a very warm 

 8  happy-birthday wish to Senator Lee Zeldin from 

 9  all the members of the chamber.

10               (Applause.)

11               SENATOR LIBOUS:   Senator Zeldin, 

12  happy birthday.  

13               And I believe if you call on 

14  Senator Neil Breslin, he has some important 

15  business to discuss.

16               ACTING PRESIDENT ROBACH:   Senator 

17  Breslin.

18               SENATOR BRESLIN:   Mine is of 

19  immense importance.  And happy birthday, Senator 

20  Zeldin.  But mine is much more important.  

21               I wish Senator Tom Duane a happy 

22  birthday as well.

23               (Applause.)

24               ACTING PRESIDENT ROBACH:   Senator 

25  Libous.

                                                               309

 1               SENATOR LIBOUS:   Mr. President, 

 2  there being no further business at the desk at 

 3  this time, I move that the Senate adjourn until 

 4  Tuesday, January 31st, at 11:00 a.m.

 5               ACTING PRESIDENT ROBACH:   On 

 6  motion, the Senate stands adjourned until 

 7  Tuesday, January 31st, at 11:00 a.m.

 8               (Whereupon, at 4:07 p.m., the Senate 

 9  adjourned.)

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25