Gaveled in 3:04 PM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 19, 2013
3:04 p.m.
REGULAR SESSION
SENATOR JOSEPH GRIFFO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT GRIFFO:The Senate will come to order.
I ask all present to please rise and join with me as we recite the Pledge of Allegiance to our Flag.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT GRIFFO:Today's invocation will be offered by Imam Ohi Ahmed Chowdhury, of Parkchester Jame Masjid, in the Bronx.
IMAM CHOWDHURY:(Chanting in Bangla.)
Good afternoon, everybody. I just recited the Chapter 55, Verses 1 to 9 from the Holy Quran. Now I'm telling them in English.
The most beneficent, He has made known the Quran. He has created the human. He has taught him an intellectual speech. The sun and moon are made punctual, and the stars and the trees are both prostrate. And the sky He has uplifted, and He has set up the measure that you exceed not the measure. So observe the measure with justice, not fall short thereof.
May Allah bless all of us and make safe our country. May Allah guide us all in the right path.
Thank you, everybody.
ACTING PRESIDENT GRIFFO:Thank you, Imam.
The reading of the Journal.
THE SECRETARY:In Senate, Monday, March 18th, the Senate met pursuant to adjournment. The Journal of Sunday, March 17th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT GRIFFO:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 10, Senator Maziarz moves to discharge, from the Committee on Consumer Protection, Assembly Bill Number 581 and substitute it for the identical Senate Bill Number 2339, Third Reading Calendar 107.
ACTING PRESIDENT GRIFFO:Substitution so ordered.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from state offers.
Motions and resolutions.
Could I have some order in the house, please.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
Mr. President, may we please adopt the Resolution Calendar at this time, with the exception of Resolutions 906 and 875.
ACTING PRESIDENT GRIFFO:All in favor of adopting the Resolution Calendar, with the exception of Resolutions 906 and 875, please signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Those opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The Resolution Calendar is adopted.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
I believe there's a previously adopted resolution by Senator Diaz, Number 739, at the desk. I ask that it be read in its entirety and call on Senator Diaz.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 739, by Senator Diaz, celebrating March 26, 2013, as Bangladesh Day.
"WHEREAS, March 26th is the national independence day of Bangladesh. This day is celebrated in Bangladesh and also all around the world in honor of its country's declaration of independence from Pakistan in the late hours of March 25, 1971, and the start of the Bangladesh Liberation War; and
"WHEREAS, This day is also a memorial to the deaths of thousands of students, civilians, political leaders, and unarmed Bengali people. The Bangladesh Liberation War started between West and East Pakistan; and
"WHEREAS, West Pakistan believed they were far superior to those in East Pakistan. They gave East Pakistan no privileges; they had a bad economy, and no rights; and
"WHEREAS, The first election in the history of Pakistan was held on December 7, 1970. There were 300 seats in the parliament; East Pakistan won 160 seats and West Pakistan won 81 seats. Instead of handing over the power to the winning party, they imposed martial law on East Pakistan; and
"WHEREAS, East Pakistani leader Mr. Sheikh Mujibur Rahman urged the Bengali people to turn their homes into resisting forts. He said: 'Our struggle is for our freedom. Our struggle is for our independence.' This speech is what mainly inspired the nation to fight for freedom; and
"WHEREAS, The West Pakistani army sent a military plan known as Operation Searchlight. It was planned to curb the Bengali's movement by taking control of major cities and eliminating all opposition, political or military; and
"WHEREAS, On March 26, 1971, Ziaur Rahman broadcast a message that the Independent People's Republic of Bangladesh has been established; and
"WHEREAS, At this point, March 26, 1971, the Bangladesh Liberation War had broken out in the whole country. This was the day the Bengali people stood up to the Pakistani army; and
"WHEREAS, After a nine-month-long war, the Pakistani army finally surrendered unconditionally. Many lives were lost, but Bangladesh as a country gained its freedom, its independence; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to celebrate Bangladesh Day."
ACTING PRESIDENT GRIFFO:Senator Diaz.
SENATOR DIAZ:Thank you, Mr. President.
Senator Griffo, as you know, I'm always happy to see you there. When you are presiding, this chamber always has taste, different taste.
Mr. President, ladies and gentlemen, good afternoon. I would like to start by thanking the distinguished leader of the Senate Majority, the Honorable Senator Dean Skelos, the Secretary of the Senate, Mr. Frank Patience, and all the members of this body for granting me the opportunity and the honor of being the sponsor of this resolution today.
Today I am proud. I am a proud Puerto Rican that last week was proud of being a Garifuna. Today this Puerto Rican is proud. This Puerto Rican, again, was proud last week to be a Garifuna. As you remember, ladies and gentlemen, last week I brought more than 100 people to this chamber to celebrate Garifuna Heritage Month in the State of New York.
And today, this Puerto Rican is proud to be a Bangladeshi and to be able to sponsor this resolution celebrating Bangladesh Day for the second time here in the New York State Senate.
As you can see, ladies and gentlemen, today I am joined in the Senate gallery by more than 150 Bangladeshi people who traveled from New York City to Albany to witness this special day. They are there, and they are on this side, and I welcome them to Albany and to this chamber.
Here in the Senate chamber we are joined by the leaders of the Bangladesh delegation: Mr. Zakir Khan, Mr. Mohammed Mujumder, Mrs. Farida Yeasmin, Mr. Kamal Ahmed, Mr. John Uddin, and Imam Ohi Ahmed Chowdhury, who gave the invocation today.
Mr. President, ladies and gentlemen, you should know that March 26th is the Bangladesh National Independence Day. This day is celebrated in Bangladesh and also all around the world in honor of its country's declaration of independence from Pakistan.
You should also know, ladies and gentlemen, that today we commemorate and remember the thousands of people who lost their lives in the Bangladesh Liberation War, a war that started on March 26, 1971. This was the day the Bangladeshi people stood up to the Pakistani army.
It is important, Mr. President and ladies and gentlemen, it is important to know that the first election in the history of Pakistan was held on December 7, 1970. And I repeat, December 7, 1970. And I would like to repeat again December 7th, because December 7th is a very important date, not only for the Bangladeshi community, but also in the history of the United States of America and personally for me and my family.
As I said before, December 7th, the people of Bangladesh celebrated their first election. On December 7, 1941, the United States of America was attacked by the Imperial Forces of Japan at Pearl Harbor. And on December 7, 1954, my mother passed away. So December 7th is a very important day to remember, to my family, to the Bangladeshi people, and to the United States of America.
So on December 7, 1970, Pakistan held their first election. There were 300 seats in the parliament. East Pakistan won 160 seats, and West Pakistan won 81 seats. But instead of handing over the power to the winning party, they imposed martial law on East Pakistan.
The leader of East Pakistan, Mr. Sheikh Mujibur Rahman, urged the Bengali people to turn their homes into resisting forts. He inspired the nation to fight for freedom with the following words: "Our struggle is for our freedom. Our struggle is for our independence."
Mr. President and ladies and gentlemen, by March 26, 1971, the Bangladesh Liberation War had broken out in the whole country, and this was the day that the Bengali people stood up to the Pakistani army.
Also on this important date, March 26, 1971, Ziaur Rahman proclaimed to all Bangladeshi people that the Independent People's Republic of Bangladesh had been established. After nine long months of war, the Pakistani army finally surrendered unconditionally. And although many lives were lost, Bangladesh as a country gained its freedom and independence.
Once again, I want to acknowledge the delegation of the Bangladesh community in the balcony who came from the City of New York to Albany. And I would also like to express my appreciation and thanks to Mr. Zakir Khan, Mr. Mohammed Mujumder, Mrs. Farida Yeasmin, Mr. Kamal Ahmed, Mr. John Uddin, and Imam Ohi Ahmed Chowdhury.
In closing, Mr. President, again I would like to thank Senator Dean Skelos and the Secretary of the Senate, Mr. Frank Patience, for allowing me this great honor of celebrating this event in the New York State Senate.
To my colleagues, members of the Senate and staff, I am inviting you to join us at a Bangladesh reception at 5 p.m., or following this session, in the Albany Room.
To the guests from the Bangladesh community who have joined us here today: "As-salamu Alaikum! Dhanno-baad!"
Mr. President, I am Senator Reverend Ruben Diaz, and this is what you should know. Thank you very much.
(Applause from gallery.)
ACTING PRESIDENT GRIFFO:Thank you, Senator Diaz.
It's normally the tradition to applaud the guests, but I guess they're standing for Senator Diaz today.
(Laughter.)
ACTING PRESIDENT GRIFFO:So on behalf of the State Senate, we would like to welcome all of you and to extend our best wishes.
And I'm going to call on Senator Peralta also to speak.
Senator Peralta.
SENATOR PERALTA:Thank you, Mr. President. As-salamu Alaikum.
In the waning hours of March 25, 1971, Bangladesh declared itself a sovereign nation forever independent from Pakistan rule. Today we celebrate the 42nd anniversary of Bangladesh independence, in honor of the sacrifice of the many thousands who lost their lives in the Bangladesh Liberation War.
We also pay tribute to the invaluable contributions made by Bangladeshis and Bangladeshi Americans to this state, this nation, and the world at large. From politics and the economy to science and technology, Americans of Bangladeshi heritage have enriched our lives and our country. They have strengthened our neighborhoods and our economy through their valuable contributions and customs.
I am extremely fortunate to have one of the world's largest and most active Bangladeshi communities outside of Bangladesh right in the heart of my district in Queens, Jackson Heights, the United Nations of all Senate districts.
By way of this resolution, we extend our best wishes to our Bangladeshi American friends throughout New York City and across the state in advance of this historic day. I would like to welcome you to the Senate chamber, my friends, and I hope you enjoy your visit.
Thank you.
(Applause from gallery.)
ACTING PRESIDENT GRIFFO:Senator Stavisky.
SENATOR STAVISKY:Thank you, Mr. President.
And for those of you from Queens who do not live in Senator Peralta's district, you probably live in my district, because I represent parts of Jackson Heights and Elmhurst.
And I too want to welcome you to Albany and to watch us in the days of putting together a budget, the peaceful existence that hopefully will come to South Asia, and that we have a peaceful budget and peace in the Asian part of our world. So again, welcome to Albany and thank you for coming.
(Applause from gallery.)
ACTING PRESIDENT GRIFFO:Thank you.
Senator Dilan.
SENATOR DILAN:Thank you, Mr. President.
I'd just like to first thank Senator Diaz for this resolution and congratulate the Bangladesh community in the Bronx, in Queens, and in my district, Brooklyn, and all over the City and the State of New York.
And I'd just like to thank you for the contribution you make to our society.
Thank you.
(Applause from gallery.)
ACTING PRESIDENT GRIFFO:Senator Adams.
SENATOR ADAMS:Thank you.
I too want to thank Senator Diaz for the opportunity. Every time we invite new groups to this chamber, it allows you to see the inclusiveness of New York State government. This is your house, as well as any other part of the State Capitol.
So we welcome you. I represent the Borough of Brooklyn, the 20th Senatorial District. We have a large Bangladeshi community in my borough, so we do welcome you. And I look forward to seeing you this afternoon at the reception.
Again, thank you, Senator Diaz.
(Applause from gallery.)
ACTING PRESIDENT GRIFFO:Again, this resolution was adopted on March 7, 2013.
We want to extend again the warm hospitality of the Senate to all of our guests here today, and we extend our best wishes to all of you. Thank you.
(Applause.)
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:Mr. President, I believe there's a resolution at the desk by Senator Hassell-Thompson, Number 906. Could we please have the title read and call on Senator Hassell-Thompson.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 906, by Senator Hassell-Thompson, commending the Westchester Alumnae Chapter of Delta Sigma Theta Sorority upon the occasion of celebrating its more than 50 years of public service.
ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON:Thank you, Mr. President.
For over 50 years the women of the Westchester Chapter of the Delta Sigma Theta Sorority have used their collective strengths and talents to promote academic excellence, provide scholarships, and develop unique programs tailored to the needs of Westchester County's diverse communities.
New York State has been home to many notable Deltas, including civil rights heroine Dorothy Height; the first African-American woman elected to Congress, former United States Representative Shirley Chisholm; New York State Assembly Deputy Speaker Earlene Hooper; New York State Assemblywoman Annette Robinson; Queens Borough President Helen Marshall; and the Honorable Jacqueline A. Berrien, chairwoman of the United States Equal Employment Opportunity Commission.
The Westchester Alumnae Chapter of Delta Sigma Theta has proven to women across Westchester County and the State of New York how a strong --
SENATOR GIANARIS:Mr. President, can we please have some order so people can hear Senator Hassell-Thompson.
ACTING PRESIDENT GRIFFO:I'm going to ask for some order in the chamber.
I know we have a number of the guests leaving the galleries; we had an extensive amount of guests here. So if you could please just leave quietly, we can allow Senator Hassell-Thompson to continue to speak.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON:Should I start all over?
(Laughter.)
SENATOR HASSELL-THOMPSON:The Westchester Alumnae Chapter of Delta Sigma Theta has proven to women across Westchester County and the State of New York how a strong united presence can be used to positively impact and change public policy.
Thank you for this resolution, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Hassell-Thompson.
The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President. Is that your Good Joes' flower, Mr. President?
ACTING PRESIDENT GRIFFO:Happy St. Joseph's Day also.
SENATOR LIBOUS:We have another resolution, Number 875, at the desk by Senator Serrano. Could you read the title and call on the good Senator, please.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 875, by Senator Serrano, memorializing Governor Andrew M. Cuomo to declare 8:30 p.m. to 9:30 p.m. on Saturday, March 23, 2013, as Earth Hour in the State of New York.
ACTING PRESIDENT GRIFFO:Senator Serrano.
SENATOR SERRANO:Thank you very much, Mr. President.
And I want to thank my colleagues for their support of this resolution year after year. It is in support of Earth Hour.
Earth Hour is an environmental action that we do every year. This year we're doing it, as mentioned, on March 23rd at 8:30, where we turn off our lights for one hour.
And this is something that is a global initiative, and it is having a tremendous effect and it's really taking on a lot of esteem. And it takes place with over 150 countries participating. Over 7,000 cities and towns are involved. It started in Sidney, Australia, in 2007. This year in Australia they expect over a third of households to participate.
It's one of the easiest ways that we can send a very strong message that we care about the environmental and carbon footprint that we have in our society and in our cities. In New York City, for instance, many major landmarks will go dark for that one hour. The Empire State Building turns off its lights; many of the iconic buildings on the Manhattan skyline do go dark for that one hour.
And it does have a good effect. For instance, in the City of New Brunswick last year we saw over 480,000 households turn off their lights, which was equal to saving about 24 megawatts of electricity. So it is a major impact, it is a good step, and it's something that we should all participate in.
Earth Hour, again, it's this Saturday, March 23rd, 8:30 p.m. Hopefully we'll be done voting on the budget by then, but if not, maybe we could flick off the lights for one hour.
Thank you.
ACTING PRESIDENT GRIFFO:Thank you, Senator Serrano.
The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Mr. President, I want to go back and just open Number 875 for cosponsorship, and Resolution 739 by Senator Diaz. If anybody wishes not to be on either one of those two resolutions, to let the desk know. Otherwise, we will put your name on.
ACTING PRESIDENT GRIFFO:So noted and so ordered.
Senator Libous.
SENATOR LIBOUS:I believe at this time we can take up the reading of the noncontroversial calendar.
ACTING PRESIDENT GRIFFO:Thank you, Senator Libous. The Secretary will read.
THE SECRETARY:Calendar Number 107, substituted earlier by Member of the Assembly Dinowitz, Assembly Print 581, an act to amend the General Business Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the same date and in the same manner as Chapter 383 of the Laws of 2012.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 112, by Senator Grisanti, Senate Print 548B, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 114, by Senator Little, Senate Print 1365, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 152, by Senator Ritchie, Senate Print 3693, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT GRIFFO:Read the last section.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 183, by Senator Lanza, Senate Print 3846, an act to amend Chapter 395 of the Laws of 1978.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect April 1, 2013.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 2. Senators Maziarz and O'Mara recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 200, by Senator Adams, Senate Print 3005, an act to amend the Military Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 201, by Senator DeFrancisco, Senate Print 3036, an act to amend the Military Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous, that completes the noncontroversial reading of the calendar.
SENATOR LIBOUS:Mr. President, could we have the reading of the controversial calendar at this time.
ACTING PRESIDENT GRIFFO:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 152, by Senator Ritchie, Senate Print 3693, an act to amend the Agriculture and Markets Law.
SENATOR KRUEGER:Explanation.
ACTING PRESIDENT GRIFFO:Senator Krueger has requested an explanation, Senator Ritchie.
SENATOR RITCHIE:This bill amends the Agriculture and Markets Law by adding a new section which specifies land used in silvopasturing shall be limited to up to 10 fenced-in acres for large livestock and up to 5 fenced-in acres for small livestock.
This measure defines silvopasturing to mean the intentional combination of trees, forages, and livestock managed as a single integrated practice for the collective benefit of each, including the planting of appropriate grasses and legume forages among trees for sound grazing and livestock husbandry.
And this bill passed unanimously the last two years.
ACTING PRESIDENT GRIFFO:Senator Krueger.
SENATOR KRUEGER:Thank you, Mr. President. If the sponsor would please yield, through you.
ACTING PRESIDENT GRIFFO:Senator Ritchie, do you yield?
SENATOR RITCHIE:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Ritchie yields.
SENATOR KRUEGER:Thank you.
So in the Assembly this bill is going through Ways and Means, but it's not going through Finance in this house. Do you know why?
SENATOR RITCHIE:It amends the Ag and Markets Law.
SENATOR KRUEGER:Through you, Mr. President, if the Senator would continue to yield.
ACTING PRESIDENT GRIFFO:Senator Ritchie, do you yield?
SENATOR RITCHIE:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The Senator yields.
SENATOR KRUEGER:Thank you.
So under this legislation, can the sponsor estimate for me how much of the assessed value of silvopastured land would decrease per acre, what would be the average loss of assessed value per acre?
SENATOR RITCHIE:I cannot specifically, Senator.
But I will say that the land that is included under silvopasturing would already be included under the ag assessment whether you had livestock separately or whether you had woodlands. So what happens is you would be eligible for the exemption under either. But once you run livestock into the woodland, you automatically are denied the assessment.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR RITCHIE:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Ritchie yields.
SENATOR KRUEGER:So just to repeat what I believe I heard the sponsor say, currently you might have farmland that's assessed under farmland assessment, and you might have woodland under forest land assessment. But if this bill passed, would you be eligible for tax reductions under both categories on the same acre of land?
SENATOR RITCHIE:Currently you're eligible for livestock and you're also eligible, if it's under 50 acres, for woodland. And so this would just in combination include both of them, when right now you're eligible for livestock or you're eligible for woodland but as soon as you put livestock into the woodland, you're not eligible for the exemption anymore.
So both categories are already eligible, but once they're combined, they're no longer eligible.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:Senator Ritchie, do you yield?
SENATOR RITCHIE:Yes.
ACTING PRESIDENT GRIFFO:Senator Ritchie yields.
SENATOR KRUEGER:So again, from my understanding, you might be one now, you might be another now, but if you allowed your livestock to wander your forest land you couldn't be eligible for either. But if this bill becomes law, can you be eligible for both at the same time for the same acre of land?
SENATOR RITCHIE:Okay, if you had livestock and you were eligible and you were eligible under woodland, if in fact you had livestock now combined with the woodland, you would still be eligible for the same assessment that you would be if they were separately.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR RITCHIE:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Ritchie yields.
SENATOR KRUEGER:Okay. So in a question I asked off of the floor -- not of the sponsor, but one of the groups supporting -- they told me that they believed it would be a reduced property tax payment because of a broader number of acres under a lower assessment, but that cost could be transferred to other property taxpayers in the area.
Does the sponsor agree that this will translate into lower property tax payments on some number of acres of land compared to under current law?
SENATOR RITCHIE:I would say not necessarily, because they're already eligible under the ag assessment for the livestock, they're already eligible for the woodland under the ag assessment. All we're doing is clarifying that if both are contained, then they would still be eligible for that sane ag assessment.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR RITCHIE:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
So perhaps if the sponsor could help me understand, under existing law, farm woodland, which is part of the land qualified for an ag assessment, provided, however, that such farmland -- excuse me. Let me read it again. And I am referencing which section of law? Section 301, paragraph 4, section D.
Because I'm not trying to trick the sponsor, I'm trying to make sure I actually even say it right.
So under current law, farmland, which is part of land qualified for an agricultural assessment -- provided, however, that such farmland attributable to any separately described and assessed parcel shall not exceed 50 acres.
So if we passed this law, would you be allowed to exceed 50 acres for assessed-at- a-lower-rate-of-taxation woodlands?
SENATOR RITCHIE:It would be limited under the Ag and Markets Law to under 50 acres.
SENATOR KRUEGER:So through you, Mr. President, if the sponsor would continue to yield.
SENATOR RITCHIE:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
So again, just for me to stay in order, because I have a series of questions. So my understanding from the sponsor is you would still have to stay within the 50-acre limit; it would allow you to keep property under the lower assessment of either farmland or woodland if you're also having animals on the woodland. Okay.
Do you, under this bill, have to actually be a farmer in the sense that you have woodlands, they're assessed as woodlands, but now you've decided that you just have some animals that you would like to graze on your woodland? Do you have to meet the existing standard for selling a certain amount of product per year, having X amount of your income come from farm activity? Or does it exempt from you that and allow a broader universe of people to take the assessment on property where they're not technically farming now?
SENATOR RITCHIE:The same rules under the ag assessment still apply. You still have to have the minimum of $10,000 in gross sales in order to qualify.
And your other question on the 50 acres, the only way that it would be above 50 acres is if you met the livestock portion that says that you could have one large livestock per I think it's 10 acres. So you could go over the 50 acres as long as you met the livestock portion that's already in statute.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR RITCHIE:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:I thank the sponsor for the clarification, because I think that is getting at the concern I have about this bill. It will -- I'll phrase it as a question. Excuse me, Mr. President.
If I understood the sponsor's answer correctly, this bill would allow you to have more than 50 acres under the category for lower assessment. And so that in fact it would increase the number of acres over time that could be assessed at a lower rate, translating into lower property tax revenue for that locality over an extended period of time; is that correct?
ACTING PRESIDENT GRIFFO:Senator Ritchie.
SENATOR RITCHIE:And I would say that over the 50 acres, if you had livestock on there and you met the requirements under the ag assessment, you would already be eligible for that same reduction.
ACTING PRESIDENT GRIFFO:Senator Krueger.
SENATOR KRUEGER:I'm trying to stay on the logic of the above and below 50 acres. And again, current law does include up to 50 acres of farm woodland in the definition of land use in agriculture production.
ACTING PRESIDENT GRIFFO:Senator Krueger, are you on the bill now?
SENATOR KRUEGER:No, I'm sorry, I'm asking a question. It's just I'm trying to repeat what I think I've learned, because it's complex.
ACTING PRESIDENT GRIFFO:Okay.
SENATOR KRUEGER:Thank you, Mr. President.
I'm sure the sponsor knows what I'm saying without my saying, but I don't necessarily know what I'm saying without saying it out loud.
So again, to repeat, under current law it includes up to 50 acres of farm woodland in the definition of land used in agricultural production. And I still have a concern about circumventing that 50 acres and expanding the type of property that might be assessed at the lower rate.
But my understanding is New York's Real Property Tax Law Section 480-A provides requirements to qualify for a forest land exemption, and that law has certain eligibility requirements pertaining to the use of the forest land, the quantity of trees required to produce merchantable forest crops, et cetera.
Would this bill -- I got to the question now, Mr. President. Would this bill undermine that law by allowing people to qualify for the agriculture assessment instead of the forest land exemption which has more stringent requirements? So are we moving, with this law, from one more stringent set of tests for a lower assessment to a system where there's less stringent tests for a lower assessment?
ACTING PRESIDENT GRIFFO:Senator Ritchie.
SENATOR RITCHIE:In response, I would just say that the ag assessments were put in place to protect and promote farmland availability. And that's what this is about, trying to help farmers be more profitable.
And so 50 acres and under, if it was woodland, it would already qualify. And if you had livestock, you would be able to get the same ag assessment if you were over 50 acres.
So technically all we're changing here is the fact that they're able to graze their animals in managed woodland in order to help make the farmers more profitable.
This is already in the ag assessment rules; the two preceding years you have to have at least $10,000 in profitable sales, you have to have a minimum amount of animals per acre. That all stays in place. So this just changes the fact that you were eligible for an exemption under woodland and you were eligible for an exemption under the livestock portion. By combining both, you're now still eligible.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR RITCHIE:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
Is the sponsor familiar with a decision from the Department of Tax and Finance, I believe in 2010, that actually said under current law you could not define silvopasturing as an activity for a lower farm tax assessment?
SENATOR RITCHIE:I am. And it actually says in here that they believe that legislation needs to be put in place to put silvopasturing in the statute. And that's why we're doing this, that's why Assemblyman Magee has sponsored it, and that's I think why it's passed unanimously the last two years in this body.
SENATOR KRUEGER:Thank you, Mr. President. If the sponsor would continue to yield.
SENATOR RITCHIE:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
See, I don't know if everyone in here loves tax policy as much as Senator Ritchie and I do. So I know we're enjoying this, but I don't know about everyone else. Somebody doesn't look like they're that happy.
ACTING PRESIDENT GRIFFO:Senator Krueger, your question?
SENATOR KRUEGER:Thank you, Mr. President.
So a farm assessment for farmland is just one of the lower tax rates you can get for farming. There's also the Farm School Tax Credit, in addition to the Agricultural Assessment Program. Now, under the Agricultural Assessment Program, acres of land used for farming purposes can get lower assessments, which means lower property tax payments at the local level.
Under the Farm School Tax Credit, we the State of New York end up making good on lost revenue to the localities. I believe that costs us at the state level about $34 million predicted for fiscal year 2013-2014, according to Tax and Finance.
How much of an increase does the sponsor think we might see in costs to the State of New York through expanded use of the Farm School Tax Credit if this were to become law?
ACTING PRESIDENT GRIFFO:Senator Ritchie.
SENATOR RITCHIE:And I would say once again that's minimal, because the property already in an ag district, it's already eligible for an ag assessment, whether it's for livestock or woodland.
So this is not expanding the scope of the property that it would be open to. This actually is property that has to be in use for the two previous years, it has to have $10,000 in gross sales, and it has to have a minimum amount of livestock on the property.
And so I guess this comes down to a philosophical question on whether farmers and farmland should have reduced tax assessments. And I guess we go back to the same question or conversation that you and I had that we're trying to encourage more people to stay in farming, we're trying to make sure that we have the availability of products not only across New York State but in New York City.
And considering that the average farmer is 57 years old, I think the state better do something to encourage people to continue in farming or we're going to have a bigger problem than looking at the minimal amount of assessment that this is going to cost.
SENATOR KRUEGER:Through you, Mr. President, on the bill.
ACTING PRESIDENT GRIFFO:Senator Krueger on the bill.
SENATOR KRUEGER:I want to thank the sponsor very much for her answers to my questions. And yes, she and I have had conversations about how important it is to keep people on their farms and to support agriculture in New York State and to make sure that there is not only more fresh food being grown in this state but it's also being distributed throughout the state to be sold to people upstate and downstate. So I have no disagreement there.
My concern with this bill is that it may lend itself -- and I'm not sure, and I don't think it's your intention -- that it may lend itself to, rather than an additional advantage to small farmers, it may lend itself to large forestry companies who are not really in the farming business per se trying to figure out how to maximize or decrease their tax burdens at the local level by somehow having some animals owned by somebody run around much larger areas of the forests.
And while I'm not even opposed to animals and forestry sharing acres, particularly if it's a win/win, I am concerned that going beyond the 50-acre maximum and allowing the potential for this kind of tax exemption, slash, tax credit -- because there are two different categories here -- can translate into a significant tax burden on the state and the localities because, when somebody doesn't pay the tax, somebody else picks it up.
And so I do think it's very important to think through who are the winners and who are the losers, so to speak, when you're lowering tax assessments or providing tax credits.
Having said that, I take the sponsor in good faith that this was intended for small farmers. It was not intended to expand it massively beyond the 50-acre limit that currently exists in the law. And that if we're wrong and at some point in the future we see that businesses are redefining their business models and their tax accounting in order to maximize lower taxes rather than maximize expansion of farms, that we can both agree we would take a look at it again.
And so with that, I will be voting yes. Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Krueger.
Seeing and hearing no other Senator wishing to be heard, debate is closed and the Secretary will ring the bell.
SENATOR LIBOUS:Mr. President, if I could -- just while we're waiting for members to come to the chamber -- make a comment.
There's committee meetings going on right now, and certainly Rule 10 does apply for those members who are in committee meetings and will not be in the chamber to vote.
If their staffs are listening, they have to fill out the form and give it to the desk at some point today so that their votes will be not construed as absent. Okay?
ACTING PRESIDENT GRIFFO:Thank you, Senator Libous.
SENATOR LIBOUS:So if you're in a committee meeting, Rule 10 will apply, but you still have to fill out the form. If you're not in a committee meeting, you need to get into the chamber or you're going to be absent.
ACTING PRESIDENT GRIFFO:Rule 10 has been invoked and will be applied. Please come to the desk or have staff come to the desk so that you may be signed in accordingly and appropriately.
Senator Libous, Senator Farley has requested unanimous consent to be recognized for purposes of an announcement.
SENATOR LIBOUS:With unanimous consent, Mr. President.
ACTING PRESIDENT GRIFFO:Without objection, Senator Farley.
Can I have some order, please, in the chamber.
SENATOR FARLEY:Thank you.
Incidentally, I am here to vote, but a number of members are going to have to sign because the General Government conference committee just met and closed. We were the first one to close. The budget is on its way, as far as that's concerned.
(Scattered applause.)
SENATOR FARLEY:I just -- but of course, a number of our members are not here yet.
ACTING PRESIDENT GRIFFO:Senator Farley, we have invoked and are applying Rule 10. All the members should notify the desk, by their staffs, at least, so they can be appropriately placed in the proper paperwork.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Can I have some order, please, in the chamber. I'm sure Senator Libous has an important series of announcements.
SENATOR LIBOUS:I do have an important announcement, Mr. President.
Is there any further business at the desk at this time?
ACTING PRESIDENT GRIFFO:There is no further business that comes before the desk at this time.
SENATOR LIBOUS:There being no further business, Mr. President, I move that we adjourn until Wednesday, tomorrow, March 20th, at 3:00 p.m.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:Mr. President, the script may be incorrect. Could you give me a minute to verify it?
ACTING PRESIDENT GRIFFO:Sure.
SENATOR LIBOUS:Mr. President, I'm impressed that all of the members are staying in the chamber because they absolutely want to know what time session is tomorrow. That's great.
ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson, why do you rise?
SENATOR HASSELL-THOMPSON:Point of order.
ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson, state your point of order.
SENATOR HASSELL-THOMPSON:Thank you. Mr. President, was the opportunity offered to the members of the Senate to sign onto my resolution? I didn't hear that.
SENATOR LIBOUS:If I may answer the Senator.
ACTING PRESIDENT GRIFFO:Senator Libous, you may respond.
SENATOR LIBOUS:No, I don't believe so. Mr. President, we did it for Senator Serrano and Senator Diaz. Would Senator Hassell-Thompson like to --
SENATOR HASSELL-THOMPSON:Thank you.
SENATOR LIBOUS:So then the resolution by Senator Hassell-Thompson, which would be Number --
ACTING PRESIDENT GRIFFO:906, I believe.
SENATOR LIBOUS:-- 906 would be open for cosponsorship. And as the rule goes, if members choose not to be on it, let the desk know.
ACTING PRESIDENT GRIFFO:So noted.
SENATOR HASSELL-THOMPSON:Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Hassell-Thompson.
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:Mr. President, it's a good thing that we held off. Tomorrow --
ACTING PRESIDENT GRIFFO:We are about to entertain your motion.
SENATOR LIBOUS:I can't make the announcement yet. Would you call on Senator Maziarz, because he has a very important announcement.
ACTING PRESIDENT GRIFFO:The chair recognizes Senator Maziarz.
SENATOR MAZIARZ:Thank you very much, Mr. President. There's going to be --
ACTING PRESIDENT GRIFFO:Can I have some order, please, in the chamber.
SENATOR MAZIARZ:There is going to be a meeting of the Environment, Agriculture and Housing budget subcommittee at 4:30 p.m. in Hearing Room B.
ACTING PRESIDENT GRIFFO:So noted.
SENATOR MAZIARZ:Would you recognize Senator Libous now, please.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:Do you recognize me?
(Laughter.)
SENATOR LIBOUS:Okay, Mr. President, there being no further business before the house, I move that we adjourn until Wednesday, March 20th, at 11:00 a.m.
ACTING PRESIDENT GRIFFO:On motion, the Senate stands adjourned until Wednesday, March 20th, at 11:00 a.m.
Senate adjourned.
(Whereupon, the Senate adjourned at 4:00 p.m.)
Highest impact first.
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Not yet analyzed. Open the bill for its official title.