[{"id":null,"timestamp":"Mon Jan 30 03:25:00 UTC 2012","location":"ALBANY, NEW YORK","session":"REGULAR SESSION","text":"\n 1 NEW YORK STATE SENATE\n\n 2 \n\n 3 \n\n 4 THE STENOGRAPHIC RECORD\n\n 5 \n\n 6 \n\n 7 \n\n 8 \n\n 9 ALBANY, NEW YORK\n\n10 January 30, 2012\n\n12 \n\n13 \n\n14 REGULAR SESSION\n\n15 \n\n16 \n\n17 \n\n18 SENATOR JOSEPH E. ROBACH, Acting President\n\n19 FRANCIS W. PATIENCE, Secretary\n\n20 \n\n21 \n\n22 \n\n23 \n\n24 \n\n25 \n\n\f 284\n\n 1 P R O C E E D I N G S \n\n 2 ACTING PRESIDENT ROBACH: The \n\n 3 Senate will come to order. \n\n 4 I ask everyone present to please \n\n 5 join with me in repeating the Pledge of \n\n 6 Allegiance. \n\n 7 (Whereupon, the assemblage recited \n\n 8 the Pledge of Allegiance to the Flag.)\n\n 9 ACTING PRESIDENT ROBACH: In the \n\n10 absence of clergy, may we please bow our heads in \n\n11 a moment of silence.\n\n12 (Whereupon, the assemblage respected \n\n13 a moment of silence.)\n\n14 ACTING PRESIDENT ROBACH: The \n\n15 reading of the Journal.\n\n16 THE SECRETARY: In Senate, Sunday, \n\n17 January 29th, the Senate met pursuant to \n\n18 adjournment. The Journal of Saturday, \n\n19 January 28th, was read and approved. On motion, \n\n20 Senate adjourned.\n\n21 ACTING PRESIDENT ROBACH: Without \n\n22 objection, the Journal stands approved as read.\n\n23 Presentation of petitions.\n\n24 Messages from the Assembly.\n\n25 The Secretary will read the \n\n\f 285\n\n 1 substitutions.\n\n 2 THE SECRETARY: On page 9, Senator \n\n 3 McDonald moves to discharge, from the Committee \n\n 4 on Rules, Assembly Bill Number 8693 and \n\n 5 substitute it for the identical Senate Bill \n\n 6 Number 6107A, Third Reading Calendar 13.\n\n 7 ACTING PRESIDENT ROBACH: \n\n 8 Substitution ordered.\n\n 9 THE SECRETARY: On page 9, Senator \n\n10 LaValle moves to discharge, from the Committee on \n\n11 Rules, Assembly Bill Number 8957 and substitute \n\n12 it for the identical Senate Bill Number 6136, \n\n13 Third Reading Calendar 20.\n\n14 ACTING PRESIDENT ROBACH: \n\n15 Substitution ordered.\n\n16 THE SECRETARY: And on page 13, \n\n17 Senator Seward moves to discharge, from the \n\n18 Committee on Corporations, Authorities and \n\n19 Commissions, Assembly Bill Number 8902 and \n\n20 substitute it for the identical Senate Bill \n\n21 Number 6128, Third Reading Calendar 75.\n\n22 ACTING PRESIDENT ROBACH: \n\n23 Substitution so ordered.\n\n24 Messages from the Governor.\n\n25 Reports of standing committees.\n\n\f 286\n\n 1 The Secretary will read.\n\n 2 THE SECRETARY: Senator \n\n 3 DeFrancisco, from the Committee on Finance, \n\n 4 reports the following nomination: \n\n 5 As Commissioner of the State \n\n 6 Insurance Fund, Donald T. DeCarlo, of Southold.\n\n 7 ACTING PRESIDENT ROBACH: Senator \n\n 8 Libous on the nomination.\n\n 9 SENATOR LIBOUS: Mr. President, at \n\n10 this time I move the nomination of Mr. DeCarlo.\n\n11 ACTING PRESIDENT ROBACH: All in \n\n12 favor of the confirmation signify by saying aye. \n\n13 (Response of \"Aye.\")\n\n14 ACTING PRESIDENT ROBACH: Opposed, \n\n15 nay. \n\n16 (No response.)\n\n17 ACTING PRESIDENT ROBACH: \n\n18 Mr. Donald T. DeCarlo Southold is now confirmed \n\n19 as Commissioner of the State Insurance Fund.\n\n20 Reports of select committees.\n\n21 Communications and reports from \n\n22 state officers.\n\n23 Motions and resolutions.\n\n24 Senator Libous.\n\n25 SENATOR LIBOUS: Mr. President, \n\n\f 287\n\n 1 I'm going to read one motion that I have. I move \n\n 2 that the following bills be discharged from their \n\n 3 respective committees and be recommitted with \n\n 4 instructions to strike the enacting clause: \n\n 5 2637, 4278, and 4279, by Senator Owen Johnson.\n\n 6 ACTING PRESIDENT ROBACH: So \n\n 7 ordered, Senator Libous.\n\n 8 SENATOR LIBOUS: Mr. President, at \n\n 9 this time I would ask for unanimous consent to \n\n10 have Senator Maziarz address the body.\n\n11 ACTING PRESIDENT ROBACH: Senator \n\n12 Maziarz.\n\n13 SENATOR MAZIARZ: Thank you very \n\n14 much, Mr. President and my colleagues. It's \n\n15 truly an honor for me today to be here and to be \n\n16 representing my constituency, particularly the \n\n17 County of Niagara. \n\n18 I have two guests with me here \n\n19 today, Mr. President. I have Deputy Sheriff \n\n20 Jonathan Andres and Deputy Sheriff Shawn Grapes. \n\n21 Deputy Andres and Deputy Grapes were recently \n\n22 honored as the Deputies of the Year by the New \n\n23 York State Sheriffs Association. \n\n24 On the early morning hours of \n\n25 July 18, 2011, one of their colleagues, Niagara \n\n\f 288\n\n 1 County Deputy Sheriff Allen Gerhardt, was in his \n\n 2 patrol vehicle and was pursuing a fleeing \n\n 3 criminal suspect. Deputy Gerhardt unfortunately \n\n 4 lost control of that vehicle. He slid into a \n\n 5 guardrail. The guardrail penetrated his vehicle, \n\n 6 going completely through the vehicle. And \n\n 7 unfortunately that guardrail severed both of \n\n 8 Deputy Gerhardt's legs.\n\n 9 As Deputy Gerhardt lay there \n\n10 bleeding, Deputy Jonathan Andres came upon the \n\n11 scene, followed by Deputy Shawn Grapes. Both of \n\n12 them took off their belts and applied tourniquets \n\n13 to both of the severed limbs of Deputy Gerhardt \n\n14 and assisted in getting Deputy Gerhardt immediate \n\n15 medical attention, which, in the eyes of the -- \n\n16 in the opinion of the doctors at Erie County \n\n17 Medical Center, saved Deputy Gerhardt's life.\n\n18 Today Deputy Gerhardt is learning \n\n19 to walk again on his artificial legs. He's \n\n20 alive, though, and he's home with his young \n\n21 children because of the heroic actions of Deputy \n\n22 Andres and Deputy Grapes. \n\n23 It was a well-deserved honor, \n\n24 well-deserved recognition. What they did on that \n\n25 dark night on that very rural, remote highway in \n\n\f 289\n\n 1 Niagara County was just beyond the praise of all \n\n 2 of us here. They did their job, did their duty, \n\n 3 and saved Allen Gerhardt's life and were \n\n 4 justifiably recognized by their colleagues from \n\n 5 across the State of New York. \n\n 6 So, colleagues, my colleagues here, \n\n 7 ladies and gentlemen, I want to introduce you to \n\n 8 Deputy Sheriff Jonathan Andres -- Jonathan, you \n\n 9 want to stand up? -- and also the second Deputy \n\n10 of the Year, Deputy Sheriff Shawn Grapes. \n\n11 Shawn? \n\n12 Congratulations, gentlemen, and \n\n13 thank you for the great work that you do. \n\n14 (Standing ovation.)\n\n15 SENATOR MAZIARZ: Thank you, \n\n16 Mr. President. \n\n17 ACTING PRESIDENT ROBACH: Senator \n\n18 Gallivan.\n\n19 SENATOR GALLIVAN: Thank you, \n\n20 Mr. President.\n\n21 And thank you, Senator Maziarz, for \n\n22 bringing our Deputies of the Year to Albany and \n\n23 introducing them and their accomplishments in \n\n24 front of everybody. \n\n25 And most importantly, let me thank \n\n\f 290\n\n 1 Deputy Andres, Deputy Grapes for what you do. It \n\n 2 is an incredible honor to serve others in the \n\n 3 capacity of a law enforcement officer. Many of \n\n 4 you know that, as my background, I also served as \n\n 5 a member of the State Sheriffs Association \n\n 6 Executive Committee and know, in consideration of \n\n 7 this particular award on an annual basis, how \n\n 8 much competition there is. \n\n 9 So it really is, amongst the \n\n10 thousands of acts of law enforcement officers \n\n11 across New York State, amongst the thousands of \n\n12 heroic efforts, people putting their lives on the \n\n13 line on a daily basis to protect our community \n\n14 and to stand between the potential chaos and the \n\n15 order that is so important to all of us, it is \n\n16 incredible that you're singled out. And it \n\n17 really is well-deserved. \n\n18 So very simply, I would like to \n\n19 thank you for your service, commend you for your \n\n20 actions and, even beyond what you did in this \n\n21 single instance, what you do on a daily basis to \n\n22 protect Niagara County and what you and your \n\n23 fellow law enforcement brothers and sisters do \n\n24 across the state to protect all of us. \n\n25 Thank you. And thank you, \n\n\f 291\n\n 1 Mr. President.\n\n 2 ACTING PRESIDENT ROBACH: Thank \n\n 3 you. \n\n 4 On behalf of Senator Maziarz, \n\n 5 Senator Gallivan, all the members, thank you for \n\n 6 your heroic acts and what you do every day. And \n\n 7 welcome to the chamber.\n\n 8 Senator Libous.\n\n 9 SENATOR LIBOUS: Mr. President, at \n\n10 this time could we go to the reading of the \n\n11 noncontroversial calendar.\n\n12 (Pause.)\n\n13 SENATOR LIBOUS: Mr. President, if \n\n14 we could go back to motions and resolutions for a \n\n15 moment. \n\n16 And I believe you should call on \n\n17 Senator Klein.\n\n18 ACTING PRESIDENT ROBACH: Senator \n\n19 Klein.\n\n20 SENATOR KLEIN: Mr. President, I \n\n21 move that the following bills be discharged from \n\n22 their respective committees and be recommitted \n\n23 with instructions to strike the enacting clause: \n\n24 Senate Number 533, 534, 570, 572, 583, 617, 620, \n\n25 1514, 2484, 5076, and 5682, on behalf of myself.\n\n\f 292\n\n 1 ACTING PRESIDENT ROBACH: On \n\n 2 behalf of Senator Klein, so ordered.\n\n 3 Senator Libous.\n\n 4 SENATOR LIBOUS: Mr. President, \n\n 5 now could we have the reading of the \n\n 6 noncontroversial calendar.\n\n 7 ACTING PRESIDENT ROBACH: The \n\n 8 Secretary will read.\n\n 9 THE SECRETARY: Calendar Number \n\n10 13, by Member of the Assembly Weisenberg, \n\n11 Assembly Print Number 8693, an act to amend a \n\n12 chapter of the Laws of 2011.\n\n13 ACTING PRESIDENT ROBACH: Read the \n\n14 last section.\n\n15 THE SECRETARY: Section 2. This \n\n16 act shall take effect immediately.\n\n17 ACTING PRESIDENT ROBACH: Call the \n\n18 roll.\n\n19 (The Secretary called the roll.)\n\n20 THE SECRETARY: Ayes, 53.\n\n21 ACTING PRESIDENT ROBACH: The bill \n\n22 is passed.\n\n23 THE SECRETARY: Calendar Number \n\n24 20, by Member of the Assembly Sweeney, Assembly \n\n25 Print Number 8957, an act to amend the Public \n\n\f 293\n\n 1 Service Law.\n\n 2 ACTING PRESIDENT ROBACH: Read the \n\n 3 last section.\n\n 4 THE SECRETARY: Section 2. This \n\n 5 act shall take effect immediately.\n\n 6 ACTING PRESIDENT ROBACH: Call the \n\n 7 roll.\n\n 8 (The Secretary called the roll.)\n\n 9 ACTING PRESIDENT ROBACH: Senator \n\n10 LaValle to explain his vote.\n\n11 SENATOR LaVALLE: Thank you, \n\n12 Mr. President.\n\n13 This legislation is the Long Island \n\n14 Power Authority Oversight and Accountability \n\n15 Act. This legislation comes before us with the \n\n16 input from the Governor's office, the Senate and \n\n17 the Assembly. It is one of the most far-reaching \n\n18 pieces of legislation to have oversight on a \n\n19 public authority. \n\n20 It will provide for an independent \n\n21 audit of both the operations and management of \n\n22 the Long Island Power Authority and look at every \n\n23 aspect of the business that they do, and also \n\n24 provide a vehicle for the consumer or the \n\n25 ratepayer, if they have any problems with the \n\n\f 294\n\n 1 authority.\n\n 2 I would like to thank at this time \n\n 3 one of our colleagues, Senator Fuschillo, who \n\n 4 encouraged me for a number of years to stay the \n\n 5 course and pursue this so that the ratepayers on \n\n 6 Long Island would have transparency and a process \n\n 7 that would affect in a positive way not only the \n\n 8 operation but hopefully the rates that our \n\n 9 ratepayers pay. \n\n10 I vote yes.\n\n11 ACTING PRESIDENT ROBACH: Senator \n\n12 LaValle in the affirmative. \n\n13 Announce the results.\n\n14 THE SECRETARY: Ayes, 54.\n\n15 ACTING PRESIDENT ROBACH: The bill \n\n16 is passed.\n\n17 THE SECRETARY: Calendar Number \n\n18 39, by Senator Little, Senate Print 4024, an act \n\n19 to amend the Real Property Tax Law.\n\n20 ACTING PRESIDENT ROBACH: Read the \n\n21 last section.\n\n22 THE SECRETARY: Section 2. This \n\n23 act shall take effect immediately.\n\n24 ACTING PRESIDENT ROBACH: Call the \n\n25 roll.\n\n\f 295\n\n 1 (The Secretary called the roll.)\n\n 2 THE SECRETARY: Ayes, 54.\n\n 3 ACTING PRESIDENT ROBACH: The bill \n\n 4 is passed.\n\n 5 THE SECRETARY: Calendar Number \n\n 6 48, by Senator Ranzenhofer, Senate Print 3225, an \n\n 7 act to amend the Vehicle and Traffic Law.\n\n 8 ACTING PRESIDENT ROBACH: Read the \n\n 9 last section.\n\n10 THE SECRETARY: Section 2. This \n\n11 act shall take effect on the first of November.\n\n12 ACTING PRESIDENT ROBACH: Call the \n\n13 roll.\n\n14 (The Secretary called the roll.)\n\n15 THE SECRETARY: Ayes, 53. Nays, \n\n16 1. Senator Duane recorded in the negative.\n\n17 ACTING PRESIDENT ROBACH: The bill \n\n18 is passed.\n\n19 THE SECRETARY: Calendar Number \n\n20 54, by Senator Maziarz, Senate Print 152, an act \n\n21 to amend the Penal Law.\n\n22 ACTING PRESIDENT ROBACH: Read the \n\n23 last section.\n\n24 THE SECRETARY: Section 2. This \n\n25 act shall take effect on the 90th day.\n\n\f 296\n\n 1 ACTING PRESIDENT ROBACH: Call the \n\n 2 roll.\n\n 3 (The Secretary called the roll.)\n\n 4 THE SECRETARY: Ayes, 54.\n\n 5 ACTING PRESIDENT ROBACH: The bill \n\n 6 is passed.\n\n 7 THE SECRETARY: Calendar Number \n\n 8 55, by Senator Klein, Senate Print 585, an act to \n\n 9 amend the Penal Law.\n\n10 ACTING PRESIDENT ROBACH: Read the \n\n11 last section.\n\n12 THE SECRETARY: Section 3. This \n\n13 act shall take effect on the first of November.\n\n14 ACTING PRESIDENT ROBACH: Call the \n\n15 roll.\n\n16 (The Secretary called the roll.)\n\n17 THE SECRETARY: Ayes, 54.\n\n18 ACTING PRESIDENT ROBACH: The bill \n\n19 is passed.\n\n20 THE SECRETARY: Calendar Number \n\n21 56, by Senator Fuschillo, Senate Print 593A, an \n\n22 act to amend the Penal Law.\n\n23 ACTING PRESIDENT ROBACH: Read the \n\n24 last section.\n\n25 THE SECRETARY: Section 7. This \n\n\f 297\n\n 1 act shall take effect on the first of November.\n\n 2 ACTING PRESIDENT ROBACH: Call the \n\n 3 roll.\n\n 4 (The Secretary called the roll.)\n\n 5 THE SECRETARY: Ayes, 54.\n\n 6 ACTING PRESIDENT ROBACH: The bill \n\n 7 is passed.\n\n 8 THE SECRETARY: Calendar Number \n\n 9 58, by Senator Saland, Senate Print 1433, an act \n\n10 to amend the Criminal Procedure Law.\n\n11 ACTING PRESIDENT ROBACH: Read the \n\n12 last section.\n\n13 THE SECRETARY: Section 3. This \n\n14 act shall take effect on the first day of the \n\n15 calendar month next succeeding the 30th day after \n\n16 it shall have become law.\n\n17 ACTING PRESIDENT ROBACH: Call the \n\n18 roll.\n\n19 (The Secretary called the roll.)\n\n20 THE SECRETARY: Ayes, 55.\n\n21 ACTING PRESIDENT ROBACH: The bill \n\n22 is passed.\n\n23 THE SECRETARY: In relation to \n\n24 Calendar Number 58: Ayes, 54. Nays, 1. Senator \n\n25 Montgomery recorded in the negative.\n\n\f 298\n\n 1 ACTING PRESIDENT ROBACH: The bill \n\n 2 is passed.\n\n 3 THE SECRETARY: Calendar Number \n\n 4 59, by Senator Sampson, Senate Print 1618, an act \n\n 5 to amend the Penal Law.\n\n 6 ACTING PRESIDENT ROBACH: Read the \n\n 7 last section.\n\n 8 THE SECRETARY: Section 2. This \n\n 9 act shall take effect immediately.\n\n10 ACTING PRESIDENT ROBACH: Call the \n\n11 roll.\n\n12 (The Secretary called the roll.)\n\n13 THE SECRETARY: Ayes, 55.\n\n14 ACTING PRESIDENT ROBACH: The bill \n\n15 is passed.\n\n16 THE SECRETARY: Calendar Number \n\n17 60, by Senator Saland, Senate Print 2194, an act \n\n18 to amend the Criminal Procedure Law.\n\n19 ACTING PRESIDENT ROBACH: Read the \n\n20 last section.\n\n21 THE SECRETARY: Section 3. This \n\n22 act shall take effect immediately.\n\n23 ACTING PRESIDENT ROBACH: Call the \n\n24 roll.\n\n25 (The Secretary called the roll.)\n\n\f 299\n\n 1 THE SECRETARY: Ayes, 55.\n\n 2 ACTING PRESIDENT ROBACH: The bill \n\n 3 is passed.\n\n 4 THE SECRETARY: Calendar Number \n\n 5 61, by Senator Flanagan, Senate Print 3207, an \n\n 6 act to amend the Penal Law.\n\n 7 ACTING PRESIDENT ROBACH: Read the \n\n 8 last section.\n\n 9 THE SECRETARY: Section 4. This \n\n10 act shall take effect on the first of November.\n\n11 ACTING PRESIDENT ROBACH: Call the \n\n12 roll.\n\n13 (The Secretary called the roll.)\n\n14 ACTING PRESIDENT ROBACH: Senator \n\n15 Montgomery. \n\n16 SENATOR MONTGOMERY: Yes, \n\n17 Mr. President. I would like unanimous consent to \n\n18 correct my vote. I voted no on Calendar 54. I \n\n19 need to vote no on Calendar 48 as well. I was \n\n20 recorded in the affirmative.\n\n21 ACTING PRESIDENT ROBACH: Senator \n\n22 Montgomery, first, how are you voting on this \n\n23 bill? Because we're on the roll call. Are you a \n\n24 yes or a no on this one? \n\n25 SENATOR MONTGOMERY: I'm voting no \n\n\f 300\n\n 1 on this bill.\n\n 2 ACTING PRESIDENT ROBACH: You're no \n\n 3 on the current bill. \n\n 4 SENATOR MONTGOMERY: Yes.\n\n 5 ACTING PRESIDENT ROBACH: And you \n\n 6 want unanimous consent -- you already changed \n\n 7 your vote to no -- what one did you already vote \n\n 8 no on that we just changed?\n\n 9 SENATOR MONTGOMERY: 58. I meant \n\n10 to vote yes on Calendar 58. But it's Calendar 48 \n\n11 that I want to be no on, and yes on Calendar 58.\n\n12 ACTING PRESIDENT ROBACH: So you \n\n13 want unanimous consent to change your vote on \n\n14 Calendar 58 to a yes and 48 to a no? \n\n15 SENATOR MONTGOMERY: That's \n\n16 correct.\n\n17 ACTING PRESIDENT ROBACH: Senator \n\n18 Libous.\n\n19 SENATOR LIBOUS: We will grant \n\n20 consent on this occasion and then, after \n\n21 discussion with the leader, I think we want to go \n\n22 back to our old standards where we don't do that \n\n23 anymore. \n\n24 But on this occasion we'll grant \n\n25 it, and then we'll deal with it as we move \n\n\f 301\n\n 1 forward.\n\n 2 SENATOR MONTGOMERY: Thank you for \n\n 3 the consideration, Mr. President.\n\n 4 ACTING PRESIDENT ROBACH: You're \n\n 5 welcome.\n\n 6 On Calendar 61, announce the \n\n 7 results.\n\n 8 THE SECRETARY: Ayes, 53. Nays, \n\n 9 2. Senators Montgomery and Perkins recorded in \n\n10 the negative.\n\n11 ACTING PRESIDENT ROBACH: The bill \n\n12 is passed.\n\n13 THE SECRETARY: Calendar Number \n\n14 67, by Senator Fuschillo, Senate Print --\n\n15 SENATOR BRESLIN: Lay it aside.\n\n16 ACTING PRESIDENT ROBACH: The bill \n\n17 is laid aside.\n\n18 SENATOR FUSCHILLO: Lay it aside \n\n19 for the day.\n\n20 ACTING PRESIDENT ROBACH: Lay it \n\n21 aside for the day.\n\n22 THE SECRETARY: Calendar Number \n\n23 73, by Senator Griffo, Senate Print 5019B, an act \n\n24 to amend the Public Authorities Law.\n\n25 ACTING PRESIDENT ROBACH: Read the \n\n\f 302\n\n 1 last section.\n\n 2 THE SECRETARY: Section 3. This \n\n 3 act shall take effect on December 31, 2013.\n\n 4 ACTING PRESIDENT ROBACH: Call the \n\n 5 roll.\n\n 6 (The Secretary called the roll.)\n\n 7 THE SECRETARY: Ayes, 55.\n\n 8 ACTING PRESIDENT ROBACH: The bill \n\n 9 is passed.\n\n10 THE SECRETARY: Calendar Number \n\n11 75, by Member of the Assembly Magee, Assembly \n\n12 Print 8902, an act to amend the Public \n\n13 Authorities Law.\n\n14 ACTING PRESIDENT ROBACH: Read the \n\n15 last section.\n\n16 THE SECRETARY: Section 4. This \n\n17 act shall take effect on the same date and in the \n\n18 same manner as a chapter of the Laws of 2011.\n\n19 ACTING PRESIDENT ROBACH: Call the \n\n20 roll.\n\n21 (The Secretary called the roll.)\n\n22 THE SECRETARY: Ayes, 54. Nays, \n\n23 1. Senator Farley recorded in the negative.\n\n24 ACTING PRESIDENT ROBACH: The bill \n\n25 is passed.\n\n\f 303\n\n 1 THE SECRETARY: Calendar Number \n\n 2 84, by Senator Ritchie, Senate Print 3542, an act \n\n 3 requiring the State Fire Prevention and Building \n\n 4 Code Council.\n\n 5 ACTING PRESIDENT ROBACH: Read the \n\n 6 last section.\n\n 7 THE SECRETARY: Section 2. This \n\n 8 act shall take effect immediately.\n\n 9 ACTING PRESIDENT ROBACH: Call the \n\n10 roll.\n\n11 (The Secretary called the roll.)\n\n12 THE SECRETARY: Ayes, 55.\n\n13 ACTING PRESIDENT ROBACH: The bill \n\n14 is passed.\n\n15 THE SECRETARY: Calendar Number \n\n16 85, by Senator Ritchie, Senate Print 5160, an act \n\n17 to amend the Agriculture and Markets Law.\n\n18 ACTING PRESIDENT ROBACH: Read the \n\n19 last section.\n\n20 THE SECRETARY: Section 2. This \n\n21 act shall take effect immediately.\n\n22 ACTING PRESIDENT ROBACH: Call the \n\n23 roll.\n\n24 (The Secretary called the roll.)\n\n25 THE SECRETARY: Ayes, 55.\n\n\f 304\n\n 1 ACTING PRESIDENT ROBACH: The bill \n\n 2 is passed.\n\n 3 THE SECRETARY: Calendar Number \n\n 4 86, by Senator Little, Senate Print 554, an act \n\n 5 to amend the Parks, Recreation and Historic \n\n 6 Preservation Law.\n\n 7 ACTING PRESIDENT ROBACH: Read the \n\n 8 last section.\n\n 9 THE SECRETARY: Section 2. This \n\n10 act shall take effect immediately.\n\n11 ACTING PRESIDENT ROBACH: Call the \n\n12 roll.\n\n13 (The Secretary called the roll.)\n\n14 ACTING PRESIDENT ROBACH: Announce \n\n15 the results.\n\n16 THE SECRETARY: In relation to \n\n17 Calendar Number 86, those recorded in the \n\n18 negative are Senators Avella, Duane, Espaillat, \n\n19 Perkins, Rivera, Serrano, and Stavisky.\n\n20 Ayes, 48. Nays, 7.\n\n21 ACTING PRESIDENT ROBACH: The bill \n\n22 is passed.\n\n23 THE SECRETARY: Calendar Number \n\n24 87, by Senator Marcellino, Senate Print 922, an \n\n25 act to amend the Navigation Law.\n\n\f 305\n\n 1 ACTING PRESIDENT ROBACH: Read the \n\n 2 last section.\n\n 3 THE SECRETARY: Section 2. This \n\n 4 act shall take effect immediately.\n\n 5 ACTING PRESIDENT ROBACH: Call the \n\n 6 roll.\n\n 7 (The Secretary called the roll.)\n\n 8 THE SECRETARY: Ayes, 55.\n\n 9 ACTING PRESIDENT ROBACH: The bill \n\n10 is passed.\n\n11 Senator Libous, that completes the \n\n12 noncontroversial calendar.\n\n13 SENATOR LIBOUS: Thank you, \n\n14 Mr. President.\n\n15 There will be an immediate meeting \n\n16 of the Rules Committee in Room 332.\n\n17 ACTING PRESIDENT ROBACH: \n\n18 Immediate meeting of the Rules Committee in \n\n19 Room 332 of the Capitol.\n\n20 The Senate will stand at ease until \n\n21 that meeting is completed.\n\n22 (Whereupon, the Senate stood at ease \n\n23 at 3:46 p.m.)\n\n24 (Whereupon, the Senate reconvened at \n\n25 4:05 p.m.)\n\n\f 306\n\n 1 ACTING PRESIDENT ROBACH: Senator \n\n 2 Libous.\n\n 3 SENATOR LIBOUS: Thank you, \n\n 4 Mr. President. \n\n 5 And I believe there's a report of \n\n 6 Rules Committee at the desk. I ask that it be \n\n 7 read at this time.\n\n 8 ACTING PRESIDENT ROBACH: \n\n 9 Returning to reports of standing committees, the \n\n10 Secretary will read the report of the \n\n11 Rules Committee. \n\n12 THE SECRETARY: Senator Skelos, \n\n13 from the Committee on Rules, reports the \n\n14 following bills: \n\n15 Senate Print 1315, by Senator \n\n16 Griffo, an act to amend the Alcoholic Beverage \n\n17 Control Law; \n\n18 And 5560A, by Senator Saland, an \n\n19 act to amend the Executive Law.\n\n20 Both bills reported direct to third \n\n21 reading.\n\n22 ACTING PRESIDENT ROBACH: Senator \n\n23 Libous.\n\n24 SENATOR LIBOUS: Thank you, \n\n25 Mr. President. I now move to accept the report \n\n\f 307\n\n 1 of the Rules Committee.\n\n 2 ACTING PRESIDENT ROBACH: All in \n\n 3 favor of accepting the report of the Rules \n\n 4 Committee signify by saying aye.\n\n 5 (Response of \"Aye.\")\n\n 6 ACTING PRESIDENT ROBACH: Opposed, \n\n 7 nay.\n\n 8 (No response.)\n\n 9 ACTING PRESIDENT ROBACH: The \n\n10 Rules report is accepted.\n\n11 Senator Libous.\n\n12 SENATOR LIBOUS: Mr. President, \n\n13 can we please go back to motions and resolutions, \n\n14 please.\n\n15 ACTING PRESIDENT ROBACH: Motions \n\n16 and resolutions.\n\n17 Senator Libous. \n\n18 SENATOR LIBOUS: Mr. President, on \n\n19 page 12 I offer the following amendments to \n\n20 Calendar Number 62, Senate Print 3210A, and ask \n\n21 that said bill retain its place on the Third \n\n22 Reading Calendar.\n\n23 ACTING PRESIDENT ROBACH: The \n\n24 amendments are received, and the bill will retain \n\n25 its place on the Third Reading Calendar. \n\n\f 308\n\n 1 Senator Libous.\n\n 2 SENATOR LIBOUS: Mr. President, is \n\n 3 there any further business at the desk? \n\n 4 ACTING PRESIDENT ROBACH: No \n\n 5 further business at the desk, Senator Libous.\n\n 6 SENATOR LIBOUS: Mr. President, at \n\n 7 this time I would like to extend a very warm \n\n 8 happy-birthday wish to Senator Lee Zeldin from \n\n 9 all the members of the chamber.\n\n10 (Applause.)\n\n11 SENATOR LIBOUS: Senator Zeldin, \n\n12 happy birthday. \n\n13 And I believe if you call on \n\n14 Senator Neil Breslin, he has some important \n\n15 business to discuss.\n\n16 ACTING PRESIDENT ROBACH: Senator \n\n17 Breslin.\n\n18 SENATOR BRESLIN: Mine is of \n\n19 immense importance. And happy birthday, Senator \n\n20 Zeldin. But mine is much more important. \n\n21 I wish Senator Tom Duane a happy \n\n22 birthday as well.\n\n23 (Applause.)\n\n24 ACTING PRESIDENT ROBACH: Senator \n\n25 Libous.\n\n\f 309\n\n 1 SENATOR LIBOUS: Mr. President, \n\n 2 there being no further business at the desk at \n\n 3 this time, I move that the Senate adjourn until \n\n 4 Tuesday, January 31st, at 11:00 a.m.\n\n 5 ACTING PRESIDENT ROBACH: On \n\n 6 motion, the Senate stands adjourned until \n\n 7 Tuesday, January 31st, at 11:00 a.m.\n\n 8 (Whereupon, at 4:07 p.m., the Senate \n\n 9 adjourned.)\n\n10\n\n11\n\n12\n\n13\n\n14\n\n15\n\n16\n\n17\n\n18\n\n19\n\n20\n\n21\n\n22\n\n23\n\n24\n\n25\n\n\f\n"}]