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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 February 28, 2023
11 3:21 p.m.
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13
14 REGULAR SESSION
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16
17
18 SENATOR SHELLEY B. MAYER, 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 MAYER: The Senate
3 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 MAYER: 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 MAYER: Reading of
14 the Journal.
15 THE SECRETARY: In Senate, Monday,
16 February 27, 2023, the Senate met pursuant to
17 adjournment. The Journal of Friday, February 24,
18 2023, was read and approved. On motion, the
19 Senate adjourned.
20 ACTING PRESIDENT MAYER: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 Messages from the Governor.
25 Reports of standing committees.
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1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Gianaris.
6 SENATOR GIANARIS: Good afternoon,
7 Madam President.
8 Can we take up the
9 Resolution Calendar, with the exception of
10 Resolutions 254 and 344.
11 ACTING PRESIDENT MAYER: All those
12 in favor of adopting the Resolution Calendar,
13 with the exception of Resolutions 254 and 344,
14 please signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT MAYER: Opposed?
17 (No response.)
18 ACTING PRESIDENT MAYER: The
19 Resolution Calendar is adopted.
20 Senator Gianaris.
21 SENATOR GIANARIS: Can we begin
22 with Resolution 344, by Senator Kavanagh, read
23 its title, and recognize Senator Kavanagh.
24 ACTING PRESIDENT MAYER: The
25 Secretary will read.
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1 THE SECRETARY: Senate Resolution
2 344, by Senator Kavanagh, recognizing
3 February 23, 2023, as Student Press Freedom Day.
4 ACTING PRESIDENT MAYER: Senator
5 Kavanagh on the resolution.
6 SENATOR KAVANAGH: Thank you,
7 Madam President.
8 I'll be brief, as the hour is late
9 and we have a lot going on today. But I just
10 wanted to stand to acknowledge that we have many
11 student journalists in Albany today making the
12 rounds and speaking with legislators on both
13 sides of the aisle and in both houses.
14 I want to acknowledge that Senator
15 O'Mara, a colleague across the aisle, has been a
16 strong supporter of some legislation we've been
17 working on for a number of years now to support
18 the notion that student journalists ought to have
19 some of the press freedom that we take for
20 granted in America with respect to our mainstream
21 media and indeed other forms of media as well.
22 You know, this country, from --
23 beginning with our First Amendment, part of the
24 Bill of Rights, has recognized that journalism
25 that is truly free, journalists that are
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1 permitted to express their point of view within
2 the bounds of the limited exceptions that over
3 the years have developed around the
4 First Amendment -- that journalists who have that
5 power are able to provide the critical purpose of
6 being reflective of the values that we're seeking
7 to uphold in our society. They are able to be
8 critical of institutions, when that's necessary.
9 And yet, based on a Supreme Court
10 ruling a number of years ago, student
11 journalists, although they have other
12 First Amendment rights, they do not currently
13 have the right to freedom of the press to the
14 extent that they're working on school
15 publications.
16 We have legislation that would
17 rectify that. But today we're passing -- or
18 proposing to pass a resolution to promote
19 Student Press Freedom Day in the State of
20 New York. It is a day that's recognized in many
21 jurisdictions.
22 And thank you for -- to all my
23 colleagues and to our leader for taking this
24 resolution up today.
25 ACTING PRESIDENT MAYER: The
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1 question is on the resolution. All in favor
2 signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT MAYER: Opposed,
5 nay.
6 (No response.)
7 ACTING PRESIDENT MAYER: The
8 resolution is adopted.
9 Senator Gianaris.
10 SENATOR GIANARIS: Can we now move
11 to Resolution 254, by Senator Persaud, read that
12 resolution's title, and recognize
13 Senator Borrello on that resolution.
14 ACTING PRESIDENT MAYER: The
15 Secretary will read.
16 THE SECRETARY: Senate Resolution
17 254, by Senator Persaud, memorializing
18 Governor Kathy Hochul to proclaim February 28,
19 2023, as Rare Disease Day in the State of
20 New York.
21 ACTING PRESIDENT MAYER: Senator
22 Borrello on the resolution.
23 SENATOR BORRELLO: Thank you,
24 Madam President.
25 You know, rare disease is kind of an
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1 amorphic topic until you experience it or someone
2 you love experiences something considered to be a
3 rare disease.
4 And I myself have experienced a rare
5 disease. Back in September of 2018, I woke up on
6 a Friday morning and felt some numbness in my
7 legs. I thought it was nothing. Went to work,
8 and things got progressively worse throughout the
9 day. By that Friday evening, I went to take a
10 stair and I fell down the stairs. I couldn't
11 walk anymore, in a matter of a few hours.
12 By 6 a.m. Saturday morning, I asked
13 my wife to take me to the hospital and -- because
14 I was losing my ability to walk and use my hands.
15 We got to the hospital. The first
16 person who saw me said: Well, you know, you're
17 probably tired or have been doing this, doing
18 that, and they wanted to send me home.
19 I insisted that I stay. And luckily
20 I saw a good PA that actually recognized the
21 symptoms and immediately called in a neurologist.
22 And the neurologist diagnosed me with something
23 called Guillain-Barré Syndrome -- some people
24 call it Gill-i-an Bar syndrome, but GBS. It's a
25 rare neurological disease.
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1 I found myself in the ICU moments
2 later. They were preparing for me to lose my
3 ability to breathe on my own. It is actually a
4 degenerative disease that spreads up through your
5 body and eventually you lose the ability to
6 breathe.
7 This was obviously a very scary
8 experience. The good news is there was treatment
9 for this. I was in the hospital, they got me on
10 to the right medications, and within a day or two
11 I was beginning to regain my ability to walk. I
12 literally could not leave my bed in the hospital.
13 I spent a week in the hospital.
14 And the scary part about this is
15 that this is often misdiagnosed. When you
16 consider something a rare disease, that's because
17 people don't see it a lot. Doctors don't know
18 the symptoms.
19 So I say, to be a good self-advocate
20 and to ensure that when something like this
21 happens to you or to a loved one, please be
22 persistent. It can literally be a life-or-death
23 decision.
24 So I thank the sponsor, Senator
25 Persaud, for bringing recognition to this, and
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1 the Governor, and hopefully a rare disease can
2 become even rarer if we are able to recognize the
3 symptoms early enough.
4 Thank you.
5 ACTING PRESIDENT MAYER: Thank you,
6 Senator Borrello.
7 The question is on the resolution.
8 All in favor signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT MAYER: Opposed,
11 nay.
12 (No response.)
13 ACTING PRESIDENT MAYER: The
14 resolution is adopted.
15 Senator Gianaris.
16 SENATOR GIANARIS: At the request
17 of the sponsors, those two resolutions are open
18 for cosponsorship.
19 ACTING PRESIDENT MAYER: The
20 resolutions are open for cosponsorship. Should
21 you choose not to be a cosponsor of the
22 resolutions, please notify the desk.
23 Senator Gianaris.
24 SENATOR GIANARIS: Please take up
25 the reading of the calendar.
1109
1 ACTING PRESIDENT MAYER: The
2 Secretary will read.
3 THE SECRETARY: Calendar Number
4 209, Senate Print 1365, by Senator Kennedy, an
5 act to amend the Agriculture and Markets Law.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Senator
14 May to explain her vote.
15 SENATOR MAY: Thank you,
16 Madam President.
17 I rise to support this bill on the
18 Farm Day package today because Central New York
19 is home to one of the largest and most storied
20 regional farmers markets in the state.
21 The CNY Regional Market was a
22 terminal market, meaning a wholesale market where
23 food came in by train and was delivered there,
24 and it has since become one of the favorite
25 places for people to gather on Saturday mornings,
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1 because it brings farmers from all over the
2 region, it brings consumers from dozens of
3 counties in Central New York, and it supports a
4 lot of diversity of food choices. And almost
5 half of the vendors are women. Many minority
6 businesses also sell their produce there.
7 It's a wonderful institution in our
8 region, and I'm glad that we're talking about
9 expanding this across the state. I think it's
10 great for bringing fresh food and supporting
11 culturally appropriate food to new Americans, for
12 example, who -- of whom there are many in our
13 region.
14 So I proudly support this bill and
15 this whole package. Thank you.
16 ACTING PRESIDENT MAYER: Senator
17 May to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 238, Senate Print 447A, by Senator Stavisky, an
24 act to amend the Education Law.
25 SENATOR GIANARIS: Lay it aside for
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1 the day.
2 ACTING PRESIDENT MAYER: The bill
3 is laid aside for the day.
4 THE SECRETARY: Calendar Number
5 278, Senate Print 2722, by Senator Skoufis, an
6 act to amend the Alcoholic Beverage Control Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 334, Senate Print 1156, by Senator Skoufis, an
21 act to amend the General Municipal Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
1112
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 350, Senate Print 1056A, by Senator Hinchey, an
11 act to amend the Agriculture and Markets Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect one year after it shall
16 have become a law.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Announce
21 the results.
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 351, Senate Print 2236, by Senator Hinchey, an
2 act to amend the Agriculture and Markets Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: Ayes, 60.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 352, Senate Print 2415, by Senator Bailey, an act
17 to amend the Agriculture and Markets Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 8. This
21 act shall take effect on the 90th day after it
22 shall have become a law.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT MAYER: Senator
2 Bailey to explain his vote.
3 SENATOR BAILEY: Thank you,
4 Madam President.
5 I'd like to thank our leader for
6 having this package of farm bills, and our chair
7 Senator Hinchey for all the work that she does in
8 this space.
9 One of the things that you learn
10 growing up is that when you open up the
11 refrigerator, you should know where your food is
12 coming from. And sometimes we don't -- we don't
13 always make that connection, that farm-to-table
14 connection.
15 So this package of bills but
16 specifically this bill about urban agriculture is
17 going to create something for individuals in the
18 urban area to be able to grow things better, to
19 talk about vertical farming so that we can
20 utilize existing space to further New York
21 State's great standing as the agricultural beacon
22 of the United States of America.
23 So I'm excited about this bill. I'm
24 excited about what we're going to be able to do
25 in that urban space in terms of growing
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1 vegetables, in terms of growing fruits, in terms
2 of growing lots of different things in our great
3 state.
4 And I'm thankful for the
5 opportunity, and I vote aye, Madam President.
6 ACTING PRESIDENT MAYER: Senator
7 Bailey to be recorded in the affirmative.
8 Senator May to explain her vote.
9 SENATOR MAY: Thank you,
10 Madam President.
11 And thank you, Senator Bailey, for
12 sponsoring this bill.
13 We have a seven-acre farm in
14 Syracuse, the Brady Farm, that I had the honor of
15 bringing the Majority Leader to a few years ago.
16 And she saw how remarkable it is when you can be
17 teaching kids in an urban, low-income
18 neighborhood about how to grow food, how to
19 market food, how to really understand the role of
20 local food in their community, because they have
21 a community-supported agricultural program.
22 It provides jobs. There is a lot of
23 evidence that children who have some experience
24 with growing food are far more likely to eat
25 vegetables than if they don't know where the
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1 vegetables come from.
2 So at so many levels it's good for
3 local health, it's good for the local economy,
4 it's training people for new jobs, and it's
5 created a beautiful space right in the middle of
6 the city.
7 So I'm thrilled that we're
8 supporting urban agriculture. I vote aye.
9 ACTING PRESIDENT MAYER: Senator
10 May to be recorded in the affirmative.
11 Senator Kennedy to explain his vote.
12 SENATOR KENNEDY: Yeah, thank you,
13 Madam President.
14 I just want to take this opportunity
15 to thank Senator Bailey for this thoughtful piece
16 of legislation on urban agriculture.
17 I also want to thank and
18 congratulate Senator Hinchey, the chair of our
19 Agriculture Committee, for her visionary work as
20 the chair of Agriculture, incorporating new,
21 thoughtful legislation, especially as it pertains
22 to our urban cores across the state.
23 Being from Buffalo, we recognize
24 that we have to be supportive of the agriculture
25 community. Not always in the cities, but
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1 legislation -- thoughtful legislation like
2 Senator Bailey's here will help to promote urban
3 agriculture. It will help to bridge the divide
4 that some may -- that some perceive to exist and
5 others may claim to exist.
6 The bottom line is we have to make
7 sure that we are supporting both fresh fruits,
8 vegetables, produce throughout all of our
9 communities -- suburban, rural, urban -- and at
10 the same time the economies that literally feed
11 our communities as well.
12 So again, congratulations to all
13 involved. Madam President, I vote aye.
14 ACTING PRESIDENT MAYER: Senator
15 Kennedy to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: Ayes, 60.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 353, Senate Print 3125, by Senator Hinchey, an
22 act to amend the State Finance Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect one year after it shall
2 have become a law.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Senator
7 Hinchey to explain her vote.
8 SENATOR HINCHEY: Thank you,
9 Madam President.
10 I rise today in support of this
11 bill, but our entire agricultural package as
12 well. And I want to thank the Majority Leader,
13 Andrea Stewart-Cousins, and all of my colleagues,
14 especially those who have bills in this package,
15 for their support, today and always, of New York
16 State's agricultural industry.
17 Make no mistake, New York is an ag
18 state. And especially as we look at the climate
19 repercussions that we are facing, not just across
20 our country but across our planet, New York and
21 the Northeast are set up to become the bread
22 basket of our country once again. As we see
23 different climate impacts in places like Florida
24 and California and the Midwest, all of that makes
25 our farmland and our farmers and our farm
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1 businesses even that much more critical to our
2 survival as a nation and as a community.
3 Our food is going to be grown here
4 in New York State, and so we have to make sure
5 that we are protecting our farmers, we are
6 supporting our farmers' businesses, and that
7 we're also supporting our farmworkers.
8 And this package is a really
9 thoughtful package moving that work forward, from
10 bringing in our farmers to be partners in the
11 climate crisis to expanding opportunities for our
12 businesses through temporary permits, to
13 expanding access for locally sourced healthy food
14 in more urban areas and places across our
15 state -- and this bill, making sure that our
16 state agencies are actually spending our money
17 with our farmers, buying New York State food.
18 This is just a no-brainer. It keeps
19 our tax dollars local, creating a circular
20 economy, and ensures that everyone utilizing
21 state agencies are eating locally grown
22 New York-sourced food.
23 This is the kind of work that we
24 should all be incredibly proudly of, and it's the
25 type of work that's incredibly important to
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1 continue to support our agricultural industry.
2 I want to thank the Farm Bureau for
3 their Lobby Day today and for all of their work.
4 And for that, Madam President, thank
5 you very much. I vote aye.
6 ACTING PRESIDENT MAYER: Senator
7 Hinchey to be recorded in the affirmative.
8 Senator Borrello to explain his
9 vote.
10 SENATOR BORRELLO: Thank you,
11 Madam President.
12 You know, I want to echo the
13 sentiments of Senator Hinchey. I enjoy being the
14 ranking member of the Senate Agriculture
15 Committee with her as the chair.
16 You know, yesterday we all got to go
17 down and see some great New York farm products
18 here as we were able to partake in the Taste of
19 New York. That's a nice thing to do just one
20 day, but what we really need is to -- this bill,
21 which will ensure that more and more locally
22 grown products are actually purchased with our
23 tax dollars here in New York State. And that's
24 the purpose of this bill, and it's a laudable
25 goal.
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1 I mean, I think about the fact that
2 we serve orange juice from Florida or Brazil to
3 our kids in school for breakfast and other
4 events. Why not the delicious, nutritious
5 Concord grape juice from my region, to come from
6 New York State, as opposed to orange juice. I
7 mean, from Florida. Come on, Florida?
8 (Laughter.)
9 SENATOR BORRELLO: We should
10 definitely be looking more towards local produce.
11 And I just appreciate this bill and
12 the fact that this is a commitment to supporting
13 the number-one industry in New York State,
14 agriculture.
15 So thank you all very much, and
16 thank you again to the sponsor.
17 ACTING PRESIDENT MAYER: Senator
18 Borrello to be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 355, Senate Print 4270, by Senator Parker, an act
25 to amend the Agriculture and Markets Law.
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1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 9. This
4 act shall take effect on the 90th day after it
5 shall have become a law.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 358, Senate Print 57, by Senator Harckham, an act
16 to amend the Tax Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 5. This
20 act shall take effect on the first of July.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
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1 THE SECRETARY: In relation to
2 Calendar Number 358, voting in the negative:
3 Senator Walczyk.
4 Ayes, 59. Nays, 1.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 368, Senate Print 2372, by Senator Bailey, an act
9 to amend the Private Housing Finance Law.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 180th day after it
14 shall have become a law.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 377, Senate Print 1304, by Senator Comrie, an act
25 to amend the Administrative Code of the City of
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1 New York.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar Number 377, those Senators voting in the
13 negative are Senators Ashby, Borrello,
14 Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming,
15 Martins, Murray, Ortt, Palumbo, Rhoads, Rolison,
16 Stec, Tedisco, Walczyk, Weber and Weik.
17 Ayes, 43. Nays, 17.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 Senator Gianaris, that completes the
21 reading of today's calendar.
22 SENATOR GIANARIS: Is there any
23 further business at the desk?
24 ACTING PRESIDENT MAYER: There is
25 no further business at the desk.
1125
1 SENATOR GIANARIS: Move to adjourn
2 until tomorrow, Wednesday, March 1st, at
3 11:00 a.m.
4 And let me remind my Majority
5 colleagues, we are returning to conference upon
6 adjournment.
7 ACTING PRESIDENT MAYER: On motion,
8 the Senate stands adjourned until Wednesday,
9 March 1st, at 11:00 a.m.
10 (Whereupon, at 3:47 p.m., the Senate
11 adjourned.)
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