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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 March 10, 2021
11 3:29 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JAMAAL T. BAILEY, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT BAILEY: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BAILEY: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT BAILEY: The
14 reading of the Journal.
15 THE SECRETARY: In Senate, Tuesday,
16 March 9, 2021, the Senate met pursuant to
17 adjournment. The Journal of Monday, March 8,
18 2021, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT BAILEY: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: Senator Kavanagh
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1 moves to discharge, from the Committee on Rules,
2 Assembly Bill Number 5847 and substitute it for
3 the identical Senate Bill 2191, Third Reading
4 Calendar 353.
5 ACTING PRESIDENT BAILEY: The
6 substitution is so ordered.
7 THE SECRETARY: Senator Harckham
8 moves to discharge, from the Committee on Rules,
9 Assembly Bill Number 5844A and substitute it for
10 the identical Senate Bill 5256A, Third Reading
11 Calendar 503.
12 ACTING PRESIDENT BAILEY: The
13 substitution is so ordered.
14 Messages from the Governor.
15 Reports of standing committees.
16 Reports of select committees.
17 Communications and reports from
18 state officers.
19 Motions and resolutions.
20 Senator Gianaris.
21 SENATOR GIANARIS: Mr. President,
22 on behalf of Senator Kaminsky, on page 16 I offer
23 the following amendments to Calendar 240,
24 Senate 1185A, and ask that said bill retain its
25 place on Third Reading Calendar.
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1 ACTING PRESIDENT BAILEY: The
2 amendments are received, and the bill shall
3 retain its place on the Third Reading Calendar.
4 SENATOR GIANARIS: On behalf of
5 Senator Skoufis, on page 29 I offer the following
6 amendments to Calendar 458, Senate 1780A, and ask
7 that said bill retain its place on Third Reading
8 Calendar.
9 ACTING PRESIDENT BAILEY: The
10 amendments are received, and the bill shall
11 retain its place on the Third Reading Calendar.
12 SENATOR GIANARIS: Can we now take
13 up previously adopted Resolution 476, by
14 Senator Mannion, read that resolution's title
15 only, and recognize Senator Mannion.
16 ACTING PRESIDENT BAILEY: The
17 Secretary will read.
18 THE SECRETARY: Senate Resolution
19 476, by Senator Mannion, memorializing
20 Governor Andrew M. Cuomo to proclaim March 2021
21 as Developmental Disabilities Awareness Month in
22 the State of New York.
23 ACTING PRESIDENT BAILEY: Senator
24 Mannion on the resolution.
25 SENATOR MANNION: Thank you,
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1 Mr. President.
2 I rise to speak about the importance
3 of recognizing the month of March as
4 Developmental Disabilities Awareness Month.
5 As a state and as a society, we have
6 made enormous progress in recognizing the value
7 and contributions of the developmentally
8 disabled community. This body, under the
9 leadership of Leader Andrea Stewart-Cousins,
10 recently took the historic step of forming the
11 first-ever Senate Committee on Disabilities. I
12 proudly chair this committee, and I proudly work
13 with Senator Martucci as the ranking member.
14 This committee is dedicated to
15 advancing policies that improve lives and provide
16 stringent new oversight of state agencies that
17 provide services to the IDD community.
18 As the resolution before the body
19 states, despite the many positive changes in
20 societal attitude, workplace and educational
21 culture, healthcare, and available resources and
22 knowledge concerning people with developmental
23 disabilities, much remains to be done to address
24 the prevalence of negative stereotypes, lingering
25 misinformation, and the subsequent discrimination
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1 and barriers some of these vulnerable citizens
2 face.
3 During Developmental Disabilities
4 Awareness Month, New Yorkers are encouraged to
5 recognize the abilities of all people and to take
6 time to get to know some of the 300,000
7 New Yorkers with developmental disabilities.
8 It is crucial that individuals with
9 developmental disabilities have access to the
10 resources which allow them to live secure,
11 fulfilling lives, including education, housing,
12 employment and recreational activities.
13 Nineteen years ago, a young boy had
14 a litany of atypical behaviors: Delays in
15 speech, delayed echolalia, toe walking. That boy
16 is now a man. He will drive to his college
17 graduation in two months. And that man is my
18 son.
19 Thank you to my colleagues on the
20 Disabilities Committee and to my fellow Senators
21 for supporting these efforts.
22 And thank you, Mr. President.
23 ACTING PRESIDENT BAILEY: Senator
24 Mayer on the resolution.
25 SENATOR MAYER: Thank you,
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1 Mr. President.
2 And thank you, Senator Mannion, for
3 this resolution and for speaking so personally
4 about the challenges that so many families face.
5 It's an appropriate time,
6 Mr. President, to acknowledge the challenges --
7 the extra challenges -- the DD community suffered
8 during COVID, during a year in which for many
9 families they could not see their loved ones.
10 For the staff of the residences where our
11 developmentally disabled neighbors stay, who went
12 into work every day, many times leaving their
13 children at home for weeks at a time because of
14 the possibility of transmission of COVID.
15 And for the families and the loved
16 ones of those with DD, this has been a very, very
17 challenging year. We offer our greatest thanks
18 to those that provide care; to the individuals
19 with developmental disabilities themselves, who
20 have stepped up and had to handle very
21 challenging moments; to their families, who send
22 them love and care and felt very excluded by the
23 process.
24 This has been a tough year. This
25 resolution says we are with you, we will fight
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1 for you, we have not forgotten what this year has
2 been like for you, and we thank you.
3 I'd like to end with a quote from
4 Margaret Mead: "If we are to achieve a richer
5 culture, we must weave one in which each diverse
6 human gift will find a fitting place. A fitting
7 place for everyone will make a much richer
8 world."
9 Thank you, Mr. President.
10 And thank you, Senator Mannion, for
11 your leadership.
12 ACTING PRESIDENT BAILEY: Senator
13 Martucci on the resolution.
14 SENATOR MARTUCCI: Thank you,
15 Mr. President.
16 I would like to begin by thanking my
17 colleague and chair of the Developmental
18 Disabilities Committee, Senator Mannion, for
19 bringing this resolution forward today.
20 As ranking member of the committee,
21 it's my honor to recognize March as the
22 Developmental Disabilities Awareness Month. I
23 have been fortunate in my life to have had a
24 front-row seat to the efforts that have been made
25 to improve the lives of individuals with
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1 developmental disabilities.
2 My friend Erin has a son with
3 special needs, and I've witnessed the great
4 lengths that she and her family have gone to, to
5 make sure that her son receives the very best
6 education and the appropriate related services.
7 Like so many mothers, Erin would do anything for
8 her son.
9 I also have a nephew with special
10 needs, and over the years have been astounded at
11 his tremendous progress. This has been the
12 result of the support of his family and also his
13 wonderful teachers. My family is forever
14 grateful to their efforts.
15 And finally, before coming here to
16 Albany, I owned a school bus company and had the
17 great honor and privilege of being tasked with
18 transporting hundreds of special-needs students
19 every day. These young people served as a
20 personal inspiration to me, with their endless
21 smiles and unceasing determination.
22 While the world has changed a lot --
23 and for the better -- for developmentally
24 children and adults in recent decades, there is
25 much work that's left. In the coming years we'll
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1 need to fight for more advances, more support and
2 more money for the IDD community. It's a fight
3 that we must all be fully engaged, it's a fight
4 that we must win, and together we can and we
5 will.
6 Thank you, Mr. President.
7 ACTING PRESIDENT BAILEY: The
8 resolution was previously adopted on March 9th.
9 Senator Gianaris.
10 SENATOR GIANARIS: Mr. President,
11 can we take up the calendar now, please.
12 ACTING PRESIDENT BAILEY: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 127, Senate Print 447, by Senator Hoylman, an act
16 to amend the Public Officers Law.
17 SENATOR LANZA: Lay it aside.
18 ACTING PRESIDENT BAILEY: Lay it
19 aside.
20 THE SECRETARY: Calendar Number
21 159, Senate Print 1092, by Senator Gaughran, an
22 act in relation to authorizing the assessor of
23 the Town of Huntington, County of Suffolk, to
24 accept from the League for Animal Protection of
25 Huntington, Inc.
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1 ACTING PRESIDENT BAILEY: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BAILEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BAILEY: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 159, those Senators voting in the
12 negative are Senators Akshar and O'Mara.
13 Ayes, 61. Nays, 2.
14 ACTING PRESIDENT BAILEY: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 190, Senate Print 913, by Senator Sanders, an act
18 to amend the Elder Law.
19 ACTING PRESIDENT BAILEY: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BAILEY: Call the
24 roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT BAILEY: Announce
2 the results.
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT BAILEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 255, Senate Print 2837, by Senator Parker, an act
8 to amend the Public Service Law.
9 ACTING PRESIDENT BAILEY: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BAILEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BAILEY: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar 255, those Senators voting in the
20 negative are Senators Borrello, Boyle, Oberacker,
21 O'Mara, Ortt and Rath.
22 Ayes, 57. Nays, 6.
23 ACTING PRESIDENT BAILEY: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 299, Senate Print 1215, by Senator Benjamin, an
2 act to amend the Executive Law and the Labor Law.
3 ACTING PRESIDENT BAILEY: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect on the 60th day after it
7 shall have become a law.
8 ACTING PRESIDENT BAILEY: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BAILEY: Announce
12 the results.
13 THE SECRETARY: Ayes, 63.
14 ACTING PRESIDENT BAILEY: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 319, Senate Print 571, by Senator Sanders, an act
18 to amend the Urban Development Corporation Act.
19 ACTING PRESIDENT BAILEY: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the 90th day after it
23 shall have become a law.
24 ACTING PRESIDENT BAILEY: Call the
25 roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT BAILEY: Announce
3 the results.
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 353, Assembly Number 5847, substituted earlier by
9 Assemblymember Woerner, an act to amend the
10 Public Health Law.
11 ACTING PRESIDENT BAILEY: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 90th day after it
15 shall have become a law.
16 SENATOR BAILEY: Call the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BAILEY: Senator
19 Kavanagh to explain his vote.
20 SENATOR KAVANAGH: Thank you,
21 Mr. President. I rise today to explain my vote
22 in support of S2191.
23 This bill would require every
24 hospital and nursing home in the state to
25 establish an antibiotic stewardship program and
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1 requires relevant healthcare workers to be
2 properly trained to ensure they're knowledgeable
3 in the appropriate use of antibiotics and the
4 hazards of misuse and overuse of antibiotics.
5 Mr. President, you know, we are
6 obviously at a moment where everyone in our
7 country and our world understands the tremendous
8 harm that can come from a disease that is
9 unchecked, that is untreatable by our current
10 healthcare system.
11 And we've had extraordinary efforts
12 to develop treatments and drug regimens that will
13 help with the symptoms of COVID-19. And of
14 course we're now in the process of distributing
15 vaccines that will hopefully get us past this
16 terrible paramedic.
17 But in earlier generations the great
18 healthcare scourges were common illnesses that we
19 now consider to be part of our past. And we
20 consider them to be part of the past because of
21 the great medical miracle of the 20th century,
22 which is the development of antibiotics.
23 Antibiotics cured and made safe many diseases
24 that otherwise had been very seriously dangerous
25 to Americans and to people across the world.
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1 And yet that miracle is now being
2 undermined. Because as we overuse antibiotics in
3 a variety of circumstances, we are developing
4 antibiotic-resistant bacteria, sometimes called
5 superbugs, and they are developing and spreading.
6 The World Health Organization
7 considers antibiotic resistance to be one of the
8 biggest threats to global health, food security
9 and international development.
10 The CDC has stated that fighting
11 this threat is a public health priority and
12 estimates that each year at least 2.8 million
13 people get an antibiotic-resistant infection, and
14 35,000 people in the United States die from
15 antibiotic-resistant infections.
16 This bill would start New York on a
17 path toward correcting that trend of antibiotic
18 resistance. This bill will not be the only thing
19 that we need to do, but it is a very big step
20 forward, and we have other legislation that we're
21 working on as well.
22 So I just want to end by thanking
23 the members of the Health Committee and our
24 chair, Senator Rivera, for advancing this bill,
25 and Assembly sponsor Carrie Woerner. This bill
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1 has already passed the Assembly, and by passing
2 it today we're taking a big step forward for
3 public health.
4 With that, Mr. President, I vote
5 aye.
6 ACTING PRESIDENT BAILEY: Senator
7 Kavanagh to be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: Ayes, 63.
10 ACTING PRESIDENT BAILEY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 423, Senate Print 1637, by Senator Skoufis, an
14 act to amend the Vehicle and Traffic Law.
15 ACTING PRESIDENT BAILEY: Read the
16 last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect on the 180th day after it
19 shall have become a law.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Announce
24 the results.
25 THE SECRETARY: Ayes, 63.
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1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 482, Senate Print 572, by Senator Mayer, an act
5 to amend the Election Law.
6 ACTING PRESIDENT BAILEY: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BAILEY: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BAILEY: Senator
14 Mayer to explain her vote.
15 SENATOR MAYER: Thank you,
16 Mr. President. I rise to explain my vote in
17 favor of S572.
18 This important bill would authorize
19 our Special Act and 853 schools, which serve our
20 most special children -- and do not receive funds
21 through the normal budget process -- to establish
22 reserve funds of up to 4 percent, as traditional
23 public schools can now do.
24 Passage of this bill would allow
25 these schools to fund their normal operations,
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1 including payroll, as well as deferred
2 maintenance, without issuing terribly expensive
3 bonds or revenue anticipation notes.
4 Let me give a striking example. One
5 Special Act school district in Westchester was
6 required to take out a 20-year, $8 million bond,
7 with interest at $4.5 million, simply to meet
8 ordinary capital expenses.
9 Without the ability to have a
10 reserve fund and meet ongoing upkeep and repair,
11 the normal operating systems of the school
12 building had declined substantially, costing far
13 more to repair or replace. That included their
14 alarm system, security system, internet system,
15 and internal mold in the old buildings.
16 Then they needed $4 million worth of
17 RAN simply to meet payroll over time.
18 We cannot ignore these legitimate
19 expenses of the schools educating our most
20 challenged kids and force these schools to raise
21 and then pay millions of additional dollars
22 simply to fund essential capital and operating
23 costs.
24 Our antiquated system of funding
25 these special schools needs a complete overhaul,
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1 and I hope we begin to do that soon.
2 Nevertheless, today we take a step
3 forward to allow them to operate responsibly and
4 in the best interests of their students and
5 staff. After all, isn't that our job?
6 Thank you to NYSUT, the School
7 Boards Association, and the special school
8 community for the support of this important bill.
9 During this tough year, these
10 schools have stepped up for their students. This
11 is the time to fix this wrong.
12 I vote aye.
13 ACTING PRESIDENT BAILEY: Senator
14 Mayer to be recorded in the affirmative.
15 Announce the results.
16 THE SECRETARY: Ayes, 63.
17 ACTING PRESIDENT BAILEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 503, Assembly Number 5844A, substituted earlier
21 by Assemblymember Abinanti, an act to amend the
22 Election Law.
23 ACTING PRESIDENT BAILEY: Read the
24 last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT BAILEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BAILEY: Announce
6 the results.
7 THE SECRETARY: Ayes, 63.
8 ACTING PRESIDENT BAILEY: The bill
9 is passed.
10 Senator Gianaris, that completes the
11 reading of today's calendar.
12 SENATOR GIANARIS: Let's move on to
13 the controversial calendar, please.
14 ACTING PRESIDENT BAILEY: The
15 Secretary will ring the bell.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 127, Senate Print 447, by Senator Hoylman, an act
19 to amend the Public Officers Law.
20 ACTING PRESIDENT BAILEY: Senator
21 Lanza, why do you rise?
22 SENATOR LANZA: Mr. President, I
23 believe there's an amendment at the desk. I
24 waive the reading of that amendment and ask that
25 you recognize Senator Rath to be heard.
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1 ACTING PRESIDENT BAILEY: Thank
2 you, Senator Lanza.
3 Upon review of the amendment, in
4 accordance with Rule 6, Section 4B, I rule it
5 nongermane and out of order at this time.
6 SENATOR LANZA: Accordingly,
7 Mr. President, I appeal the ruling of the chair
8 and ask that Senator Rath be recognized.
9 ACTING PRESIDENT BAILEY: The
10 appeal has been made and recognized, and
11 Senator Rath may be heard.
12 SENATOR RATH: Mr. President, I
13 rise to appeal the ruling of the chair.
14 The proposed amendment is germane to
15 the bill-in-chief because both deal directly with
16 state disaster emergencies.
17 During the current disaster
18 emergency, this Governor has issued 96 orders,
19 creating new directives and suspending and
20 modifying countless New York State laws.
21 Despite the Majority grabbing
22 headlines claiming the Governor's powers have
23 been revoked, the legislation that this body
24 passed last week was far from that.
25 Make no mistake, the centralization
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1 of power is alive and well and still continues in
2 New York State. Whether it is one person having
3 all the power or the current three-way split
4 between the majority leaders and the Governor,
5 millions of our constituents are being left
6 voiceless across our great state.
7 It's no secret that we are still in
8 the midst of a pandemic, and the people of
9 New York are looking to us for leadership and
10 assistance in this crucial COVID recovery
11 process. Yet we are mired by distractions of an
12 Executive whose trust is eroding at a breakneck
13 pace.
14 Again today, just like last Friday,
15 I ask my colleagues, why not a straight repeal?
16 Colleagues, the voters have sent us to Albany to
17 make tough decisions. They have sent us to
18 Albany to guide them in these trying times. And
19 what are we doing? We are continuing to abdicate
20 our responsibility as state legislators.
21 Disasters require tried and true
22 leadership -- that's tried and true leadership
23 for each and every one of our constituents. They
24 require respected and refined deliberation. That
25 is what New Yorkers rightly expect of us.
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1 Instead, our disaster response
2 continues to be centered around an Executive
3 administration that taunts and mocks legislators
4 and taunts and mocks our constituents. If
5 anything has become clear in the last several
6 weeks, it is that we need to show all New Yorkers
7 that they can trust in us as a State Senate to
8 represent them and to be transparent and
9 accountable.
10 I urge my colleagues to support our
11 amendment today to repeal all of the Governor's
12 past emergency powers. New Yorkers do not need
13 his comments. New Yorkers certainly do not need
14 his contempt. What New Yorkers need is
15 collaborative leadership in the face of a
16 disaster, and a true repeal offers that pathway.
17 Thank you, Mr. President.
18 ACTING PRESIDENT BAILEY: Thank
19 you, Senator Rath.
20 I want to remind the house that the
21 vote is on the procedures of the house and the
22 ruling of the chair.
23 Those in favor of overruling the
24 chair signify by saying aye.
25 SENATOR LANZA: Request a show of
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1 hands.
2 SENATOR GIANARIS: Mr. President,
3 we've agreed to waive the showing of hands and
4 record each member of the Minority in the
5 affirmative.
6 ACTING PRESIDENT BAILEY: Without
7 objection, so ordered.
8 Announce the results.
9 THE SECRETARY: Ayes, 20.
10 ACTING PRESIDENT BAILEY: The
11 ruling of the chair stands, and the bill-in-chief
12 is before the house.
13 Are there any other Senators wishing
14 to be heard?
15 Seeing and hearing none, debate is
16 closed. The Secretary will ring the bell.
17 Read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Announce
24 the results.
25 THE SECRETARY: Ayes, 63.
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1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 Senator Gianaris, that completes the
4 reading of the controversial calendar.
5 SENATOR GIANARIS: Is there any
6 further business at the desk, Mr. President?
7 ACTING PRESIDENT BAILEY: There is
8 no further business at the desk.
9 SENATOR GIANARIS: I move to
10 adjourn until tomorrow, Thursday, March 11th, at
11 11:00 a.m.
12 ACTING PRESIDENT BAILEY: On
13 motion, the Senate stands adjourned until
14 Thursday, March 11th, at 11:00 a.m.
15 (Whereupon, at 3:49 p.m., the Senate
16 adjourned.)
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