Regular Session - May 23, 2005
2800
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 23, 2005
11 3:10 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 please come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: With us this
10 afternoon to give the invocation is the
11 Reverend Peter G. Young, from Blessed
12 Sacrament Church in Bolton Landing, New York.
13 REVEREND YOUNG: Let us pray.
14 Dear Lord, we ask Your presence and
15 blessings on our time together in this
16 chamber. We have come together on how we can
17 assist our citizens of New York State and the
18 welfare of our community. We learn from each
19 other to grow in spirit and in character, to
20 find Your will for our lives and for our
21 neighborhoods.
22 We thank You for the opportunity in
23 this country, in this Senate, to assemble
24 ourselves at any time, at any place, to
25 discuss our concerns as citizens. We are
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1 mindful that many in our world do not enjoy
2 such freedom.
3 Grant us the wisdom to carry out
4 our decisions with Your will. Bless us as we
5 continue to work and to conduct our business
6 with dignity and sensitivity.
7 Amen.
8 THE PRESIDENT: Reading of the
9 Journal.
10 THE SECRETARY: In Senate,
11 Sunday, May 22, the Senate met pursuant to
12 adjournment. The Journal of Saturday, May 21,
13 was read and approved. On motion, Senate
14 adjourned.
15 THE PRESIDENT: Without
16 objection, the Journal stands approved as
17 read.
18 Presentation of petitions.
19 Messages from the Assembly.
20 Messages from the Governor.
21 Report of standing committees.
22 Reports of select committees.
23 Communications and reports from
24 state officers.
25 Motions and resolutions.
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1 Senator Fuschillo.
2 SENATOR FUSCHILLO: Thank you,
3 Madam President.
4 On behalf of Senator Larkin, I wish
5 to call up Calendar Number 587, Assembly Print
6 Number 5939.
7 THE PRESIDENT: The Secretary
8 will read.
9 THE SECRETARY: Calendar Number
10 587, by Member of the Assembly Towns, Assembly
11 Print Number 5939, an act to amend the General
12 Business Law.
13 SENATOR FUSCHILLO: I now move to
14 reconsider the vote by which this Assembly
15 bill was substituted for Senate Print Number
16 2474 on April 20th.
17 THE PRESIDENT: The Secretary
18 will call the roll upon reconsideration.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 37.
21 SENATOR FUSCHILLO: I now move
22 that Assembly Bill Number 5939 be recommitted
23 to the Committee on Cities and the Senate bill
24 be restored to the order of Third Reading
25 Calendar.
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1 THE PRESIDENT: So ordered.
2 SENATOR FUSCHILLO: I now offer
3 the following amendments.
4 THE PRESIDENT: The amendments
5 are received.
6 SENATOR FUSCHILLO: On behalf of
7 Senator Golden, I wish to call up Calendar
8 Number 677, Assembly Print Number 6878.
9 THE PRESIDENT: The Secretary
10 will read.
11 THE SECRETARY: Calendar Number
12 677, by Member of the Assembly Lopez, Assembly
13 Print Number 6878, an act to amend the Real
14 Property Tax Law.
15 SENATOR FUSCHILLO: I now move to
16 reconsider the vote by which the Assembly bill
17 was substituted for Senate Print Number 3977
18 on May 3rd.
19 THE PRESIDENT: The Secretary
20 will call the roll upon reconsideration.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 37.
23 SENATOR FUSCHILLO: I now move
24 that Assembly Bill 6878 be recommitted to the
25 Committee on Housing, Construction and
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1 Community Development, and the Senate bill be
2 restored to the order of Third Reading
3 Calendar.
4 THE PRESIDENT: So ordered.
5 SENATOR FUSCHILLO: I now offer
6 the following amendments.
7 THE PRESIDENT: The amendments
8 are received.
9 SENATOR FUSCHILLO: Madam
10 President, amendments are offered to the
11 following Third Reading Calendar bills:
12 Page number 43, Calendar Number
13 612, Senate Print 2223;
14 On behalf of Senator Padavan, on
15 page 44, Calendar Number 637, Print Number
16 2721;
17 On behalf of Senator Leibell, on
18 page number 55, Calendar Number 788, Senate
19 Print 4762;
20 On behalf of Senator Volker, page
21 number 66, Calendar Number 898, Senate Print
22 Number 4343;
23 On behalf of Senator Robach, page
24 number 67, Calendar Number 913, Senate Print
25 Number 4400;
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1 On behalf of Senator LaValle, page
2 number 73, Calendar Number 969, Senate Print
3 Number 4333;
4 On behalf of Senator Meier, page
5 number 59, Calendar Number 826, Senate Print
6 Number 3158A.
7 THE PRESIDENT: The amendments
8 are received, Senator.
9 SENATOR FUSCHILLO: I now move
10 that these bills retain their place on the
11 order of Third Reading Calendar.
12 THE PRESIDENT: So ordered.
13 SENATOR FUSCHILLO: Thank you.
14 THE PRESIDENT: You're welcome,
15 Senator.
16 Senator Skelos.
17 SENATOR SKELOS: Madam President,
18 there are two resolutions at the desk. I ask
19 that the titles be read and move for their
20 immediate adoption.
21 THE PRESIDENT: The Secretary
22 will read.
23 THE SECRETARY: By Senator
24 Leibell, Legislative Resolution Number 1962,
25 honoring Donald Long upon the occasion of his
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1 designation as the Circolo da Vinci
2 Italian-American Organization's 2005 Person of
3 the Year on May 25, 2005.
4 And by Senator Leibell, Legislative
5 Resolution Number 2008, honoring Isabelle Toub
6 upon the occasion of her retirement after
7 30 years of dedicated service to the Putnam
8 County District Attorney's Office.
9 THE PRESIDENT: On the
10 resolutions, all in favor please signify by
11 saying aye.
12 (Response of "Aye.")
13 THE PRESIDENT: Opposed, nay.
14 (No response.)
15 THE PRESIDENT: The resolutions
16 are adopted.
17 Senator Skelos.
18 SENATOR SKELOS: Madam President,
19 if we could go to the noncontroversial reading
20 of the calendar.
21 THE PRESIDENT: The Secretary
22 will read.
23 THE SECRETARY: Calendar Number
24 128, by Senator Padavan, Senate Print 403, an
25 act to amend the Administrative Procedure Act,
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1 in relation to denial.
2 SENATOR SCHNEIDERMAN: Lay it
3 aside.
4 THE PRESIDENT: The bill is laid
5 aside.
6 THE SECRETARY: Calendar Number
7 182, by Senator Maltese, Senate Print 1156, an
8 act to amend Labor Law and the Education Law,
9 in relation to prohibiting public
10 universities.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 7. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 43.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 298, by Senator Farley, Senate Print 2859, an
22 act to amend the Banking Law, in relation to
23 the requirement for licensure.
24 THE PRESIDENT: Read the last
25 section.
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1 THE SECRETARY: Section 3. This
2 act shall take effect on the first of January.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 45.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 299, by Senator Farley, Senate Print 2860, an
10 act to amend the Banking Law, in relation to
11 enforcement.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 45.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 368, by Senator Libous, Senate Print 3421, an
23 act to amend the Vehicle and Traffic Law, in
24 relation to driving while intoxicated.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 45. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 47. Nays,
7 2. Senators Duane and Montgomery recorded in
8 the negative.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 474, by Senator Marcellino, Senate Print 665,
13 an act to amend the Vehicle and Traffic Law,
14 in relation to increasing the parameters.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the first of
19 November.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE PRESIDENT: Senator
23 DeFrancisco, to explain your vote.
24 SENATOR DeFRANCISCO: Yes,
25 please.
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1 I think that it's important to do
2 all we can to keep our roads safe from people
3 who are going to be either intoxicated by
4 alcohol or drugs.
5 But I think this bill -- and the
6 only reason I'm voting no is that this bill
7 provides an unreasonable standard by which the
8 police officer I don't think could possibly
9 ever be able to adhere to in stopping someone,
10 because it talks about no person shall operate
11 a motor vehicle while the person's ability to
12 operate the vehicle is affected to any extent.
13 So I don't know how that would be
14 interpreted. I don't know what objective
15 evidence you could show that -- it's just too
16 broad and too vague, and I think it would be
17 unenforceable.
18 So I'm going to vote no on it.
19 THE PRESIDENT: Senator
20 DeFrancisco, you will be recorded as voting in
21 the negative.
22 The Secretary will announce the
23 results.
24 THE SECRETARY: Ayes, 50. Nays,
25 2. Senators DeFrancisco and Montgomery
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1 recorded in the negative.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 480, by Senator Alesi, Senate Print 2272, an
6 act to amend the Vehicle and Traffic Law, in
7 relation to additional penalties.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the first of
12 November.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 51. Nays,
16 1. Senator Montgomery recorded in the
17 negative.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 481, by Senator Young, Senate Print 2285, an
22 act to amend the Vehicle and Traffic Law, in
23 relation to providing.
24 THE PRESIDENT: Read the last
25 section.
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1 THE SECRETARY: Section 3. This
2 act shall take effect on the same date and in
3 the same manner as Section 2 of Chapter 673.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 51. Nays,
7 1. Senator Duane recorded in the negative.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Excuse me. Ayes,
11 50. Nays, 2. Senators Duane and Montgomery
12 recorded in the negative.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 483, by Senator LaValle, Senate Print 2450, an
17 act to amend the Vehicle and Traffic Law, in
18 relation to increasing.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 4. This
22 act shall take effect on the first of
23 November.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 52.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 514, by Senator Spano, Senate Print 3378, an
6 act to amend the Tax Law, in relation to
7 creating a direct payment permit.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 12. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 52.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 548, by Senator LaValle, Senate Print 37 --
19 SENATOR BRUNO: Lay it aside for
20 the day.
21 THE PRESIDENT: The bill is laid
22 aside for the day.
23 THE SECRETARY: Calendar Number
24 606, by Member of the Assembly Sweeney,
25 Assembly Print Number 3981, an act in relation
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1 to redistributing 2004 bond volume
2 allocations.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 52.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 633, by Senator Maziarz, Senate Print 203, an
14 act to amend the Vehicle and Traffic Law, in
15 relation to increasing penalties.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 4. This
19 act shall take effect on the first of
20 November.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 51. Nays,
24 1. Senator Montgomery recorded in the
25 negative.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 636, by Senator Alesi, Senate Print 2273, an
5 act to amend the Vehicle and Traffic Law, in
6 relation to extending.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the first of
11 November.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 50. Nays,
15 2. Senators DeFrancisco and Sabini recorded
16 in the negative.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 671, by Senator Little, Senate Print 3846, an
21 act to amend the General Municipal Law, in
22 relation to taking of billboards.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 51. Nays,
5 1. Senator Duane recorded in the negative.
6 THE PRESIDENT: The bill is
7 passed.
8 Senator Bruno.
9 SENATOR BRUNO: Madam President,
10 thank you.
11 With your indulgence and the
12 indulgence of my colleagues here in the
13 Senate, I would like to just interrupt and
14 pause here in our important deliberations to
15 acknowledge and recognize one of our
16 colleagues here in the chamber, Senator John
17 J. Marchi, who celebrated his 84th birthday
18 last Friday.
19 (Standing ovation.)
20 SENATOR BRUNO: Thank you. And,
21 see, Senator Marchi brings people to their
22 feet constantly and continually.
23 And Senator Paterson had the good
24 planning to plan his birthday on exactly the
25 same day. So happy birthday to Senator
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1 Paterson, May 20th.
2 (Standing ovation.)
3 SENATOR BRUNO: Now, Madam
4 President, when Senator Paterson has been here
5 serving, as Senator Marchi is, the
6 longest-serving legislator in the entire
7 United States of America as he sits here, in
8 any legislative body.
9 Now, you think about that, with all
10 of us that think that we have some seniority
11 in this place. This is the senior man in the
12 United States legislatures.
13 And he is committed, dedicated,
14 just a public servant who personifies the
15 words. We say that, Billy, but we mean it.
16 He is a public servant. And he is a role
17 model to you and to Senator Farley, certainly
18 to Senator Paterson, and Senator Smith, and to
19 me.
20 And, John, we're indebted to you
21 for that.
22 Now -- and Senator Diaz. Of course
23 Senator Diaz.
24 And what you don't know, probably,
25 many of you, is that John was always a
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1 fighter, always a fighter. Light heavyweight
2 boxer in his youth, and he still is ready to
3 go four or five rounds at the drop of a hat.
4 He has focused on educational
5 issues from pre-K up through higher ed. He
6 has done more things than we have time to
7 relate in terms of his career.
8 Do you know, Friday, to the
9 administration's credit, they inaugurated the
10 maiden voyage of the ferry going from the
11 Island to the city, the John J. Marchi Ferry.
12 Which is --
13 (Applause.)
14 SENATOR BRUNO: -- to anyone's
15 knowledge, the first time ever in the country
16 that such a dedication that taken place.
17 Now, John, that is a singular
18 honor.
19 And not just here in this state,
20 not just in the country, but in Italy John got
21 the Commander of Merit award for distinguished
22 service, the highest award that they give in
23 the Republic of Italy to any individual that
24 is not a citizen in Italy in the world.
25 And there aren't too many people
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1 that have been recognized in that way. I'm
2 still waiting for a call.
3 (Laughter.)
4 SENATOR BRUNO: But, John, you --
5 well, so is Senator Spano. So is Senator
6 Fuschillo. When you have -- Senator Balboni
7 is still striving. Senator LaValle. I know
8 George Onorato. Okay?
9 But, John, I'm on my feet really to
10 say thank you. Thank you for your friendship.
11 Thanks for being a colleague to everyone here
12 in this chamber.
13 And we're not going to go on; I
14 know Senator Paterson has an observation and
15 some comments that he would like to make.
16 And, Madam President, I would ask
17 that he be recognized with all of your
18 indulgence here, because we really, we have a
19 giant here in this chamber in the presence of
20 Senator Marchi.
21 And happy birthday, literally,
22 John, on your 84th, and we look forward to the
23 next 84 with you.
24 THE PRESIDENT: Senator Paterson.
25 SENATOR PATERSON: Thank you,
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1 Madam President.
2 For some of you who may work here
3 or even some of you who are new in terms of
4 your service to the chamber, you should know
5 that Senator Marchi has served with
6 distinction here since 1956.
7 And in 1969 he was the -- he was a
8 candidate for mayor of the City of New York,
9 and many Democrats, including Democrats in our
10 Democratic family, voted for Senator Marchi.
11 And it has to do with his belief in
12 government and his belief in people, his
13 ability to look at issues 10 and 20 years
14 before other people did.
15 When I came here in the end of
16 1985, the beginning of 1986, at the time he
17 was the chair of the Senate Finance Committee.
18 And I remember once an incident, seriously,
19 where we were debating the pension funds that
20 were invested in South Africa from New York
21 State's pension funds.
22 And Senator Marchi got up and he
23 said that they had polled black South Africans
24 and that 25 percent of them believed that the
25 apartheid system as it stood should be
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1 overthrown, and 75 percent supported it.
2 And I got up behind him and I said
3 that in South Africa it is actually illegal to
4 take a public stand against the government, so
5 I'd like to find out who those 25 percent were
6 who said that and give them a special
7 commendation for the risks that they took.
8 At the end of the session I came
9 outside the door right here, and I saw Senator
10 Marchi standing there. And of course he's
11 been a family friend of ours for a number of
12 years, and I knew I had said something and I
13 knew I was in big trouble.
14 And Senator Marchi said to me: "I
15 wasn't aware of that ordinance in South
16 Africa. You're absolutely right, and in my
17 debate I'll never use it again."
18 And I can't say that that's
19 happened any other time that I've served here.
20 But then again, maybe that's the only good
21 point that I've made since I've been here.
22 (Laughter.)
23 SENATOR PATERSON: The reality is
24 that his long-term service is only exceeded by
25 his outstanding character. He has always put
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1 his truths above all other issues and all
2 other things. He's gone forward whether
3 people agreed with him or not, with his
4 integrity as his only banner.
5 And that is how I honor Senator
6 Marchi, who I'm privileged enough to be born
7 on the same day, a little -- a few years
8 later.
9 But I would suggest that I'm happy
10 as well because if they can name a stadium for
11 Senator Bruno and a ship for Senator Marchi, I
12 like that they have my name on a parking space
13 here in Albany.
14 Thank you.
15 (Applause.)
16 THE PRESIDENT: Senator Marchi.
17 SENATOR MARCHI: Well, I -- no
18 one has ever accused me of being without a
19 word. But I am genuinely moved.
20 The reason I'm back here, of
21 course, is found in the presence of each and
22 every one of you right around this chamber,
23 all of you.
24 Joe Bruno, of course, has been a
25 dear friend. Well, he was a light heavyweight
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1 himself, and we compared notes. I would
2 hardly care to match my fists now with him.
3 And -- but I really, really
4 treasure every single moment. And you, Dave,
5 over there, you -- I -- your family. I mean,
6 this goes back family-wise before you, those
7 ahead of you. These have all been friends of
8 mine.
9 And you [to President], well,
10 you're such a wonderful person to look at.
11 (Laughter.)
12 SENATOR MARCHI: I have an
13 advantaged place here. I say this in the
14 presence of my wife up there.
15 But in any event, I am very -- very
16 grateful, very grateful for the companionship
17 of the people that I have found here. Never
18 once have I ever been disappointed. Never
19 once. You've all been generous. You've all
20 been very kind. You're all productive. You
21 all have something to say of great value.
22 And this is something which serves
23 you in good stead, because without it you
24 would not have -- you would have an echo
25 chamber in any other circumstance. But you
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1 don't have it here. We don't have an echo
2 chamber. We have people who are human and who
3 will react, and react in very eloquent and
4 very fruitful ways.
5 So I don't want to outrun my
6 presence here. I'm very, very -- very moved
7 by what has taken place. And it can't go on
8 much longer, but it's been very, very sweet
9 right straight through.
10 And I say God bless all of you,
11 each and everybody within the range of my
12 voice and vision. Because you have been so
13 generous, so kind. And I always felt that was
14 the dominant sentiment of this chamber.
15 Don't ever lose it, because it
16 reinforces all of you. And it should, because
17 you are -- you enrich this state by your
18 presence here.
19 So thanks, thanks so much.
20 (Standing ovation.)
21 THE PRESIDENT: The Secretary
22 will continue to read.
23 THE SECRETARY: Calendar Number
24 699, by Senator Fuschillo, Senate Print 4888A,
25 an act to amend the General Business Law, in
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1 relation to requiring.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the first of
6 September.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 57. Nays,
10 1. Senator Meier recorded in the negative.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 721, by Senator Flanagan, Senate Print 2807,
15 an act to amend the Penal Law, in relation to
16 definitions.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the first of
21 November.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 57. Nays,
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1 1. Senator Montgomery recorded in the
2 negative.
3 ACTING PRESIDENT MEIER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 725, by Senator Golden, Senate Print 3433, an
7 act to amend the Penal Law, in relation to
8 endangering the welfare of a child.
9 ACTING PRESIDENT MEIER: Read the
10 last section.
11 THE SECRETARY: Section 6. This
12 act shall take effect on the first of
13 November.
14 ACTING PRESIDENT MEIER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MEIER: Senator
18 Hassell-Thompson, to explain her vote.
19 SENATOR HASSELL-THOMPSON: Yes,
20 thank you, Mr. President.
21 Senator Golden is to be commended.
22 We have been struggling tremendously in this
23 session, and for the last three years, to try
24 to put together a series of child protective
25 bills. And this particular piece is what I
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1 consider to be the hallmark of all of the
2 sexual assault bills that we have together
3 tried to pass.
4 I want to commend him, and I thank
5 him for his generosity also in attempting to
6 include me on the -- as a cosponsor of this
7 particular bill, something that doesn't happen
8 often enough in these chambers.
9 But I want to publicly thank him
10 for his efforts and certainly for the
11 legislative initiatives that he has attempted
12 to put forward.
13 I will be voting yes.
14 ACTING PRESIDENT MEIER: Senator
15 Hassell-Thompson will be recorded in the
16 affirmative.
17 The Secretary will announce the
18 results.
19 THE SECRETARY: Ayes, 57. Nays,
20 1. Senator Montgomery recorded in the
21 negative.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 734, by Senator Nozzolio, Senate Print 2286,
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1 an act to amend the Vehicle and Traffic Law,
2 in relation to the application.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect on the 30th day.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 58.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 739, by Senator Nozzolio, Senate Print 4015,
15 an act to amend the Highway Law, in relation
16 to designating.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MEIER: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 58.
25 ACTING PRESIDENT MEIER: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 778, by Senator Little, Senate Print 4012, an
4 act to amend the Tax Law, in relation to
5 extending.
6 ACTING PRESIDENT MEIER: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MEIER: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 58.
14 ACTING PRESIDENT MEIER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 843, by Senator Flanagan, Senate Print 2152,
18 an act to authorize the State University of
19 New York to lease and contract.
20 ACTING PRESIDENT MEIER: Read the
21 last section.
22 THE SECRETARY: Section 4. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MEIER: Call the
25 roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 56. Nays,
3 2. Senators Maziarz and Spano recorded in the
4 negative.
5 ACTING PRESIDENT MEIER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 858, by Senator Trunzo, Senate Print 143, an
9 act to amend the Real Property Law, in
10 relation to the failure.
11 ACTING PRESIDENT MEIER: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MEIER: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 58.
19 ACTING PRESIDENT MEIER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 864, by Senator Skelos, Senate Print 4381, an
23 act to amend the Uniform Commercial Code, in
24 relation to conversion.
25 ACTING PRESIDENT MEIER: Read the
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1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MEIER: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 56. Nays,
8 2. Senators Connor and Duane recorded in the
9 negative.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 934, by Senator Little, Senate Print 1050, an
14 act to amend the County Law, in relation to
15 authorizing wireless.
16 ACTING PRESIDENT MEIER: There is
17 a local fiscal impact note at the desk.
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MEIER: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 58.
25 ACTING PRESIDENT MEIER: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 938, by Senator Saland, Senate Print 2512, an
4 act to amend the County Law, in relation to
5 wireless communications.
6 ACTING PRESIDENT MEIER: There is
7 a local fiscal impact note at the desk.
8 Read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MEIER: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 58.
15 ACTING PRESIDENT MEIER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 939, by Senator Balboni, Senate Print 2967A,
19 an act authorizing the assessor of the County
20 of Nassau to accept an application.
21 ACTING PRESIDENT MEIER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MEIER: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 57. Nays,
4 1. Senator Bonacic recorded in the negative.
5 ACTING PRESIDENT MEIER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 941, by Member of the Assembly Errigo,
9 Assembly Print Number 6853, an act to amend
10 the Village Law and the Public Officers Law,
11 in relation to residency.
12 ACTING PRESIDENT MEIER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 58.
20 ACTING PRESIDENT MEIER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 943, by Senator Farley, Senate Print 4029, an
24 act to authorize the County of Schenectady to
25 issue.
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1 ACTING PRESIDENT MEIER: There is
2 a home-rule message at the desk.
3 Read the last section.
4 THE SECRETARY: Section 6. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MEIER: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 58.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 944, by Senator Fuschillo, Senate Print 4087,
14 an act authorizing the Bethel Christian Church
15 to file.
16 ACTING PRESIDENT MEIER: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MEIER: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57. Nays,
24 1. Senator Bonacic recorded in the negative.
25 ACTING PRESIDENT MEIER: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 946, by Senator Trunzo, Senate Print 4140, an
4 act authorizing the assessor of the Town of
5 Islip.
6 ACTING PRESIDENT MEIER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MEIER: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 57. Nays,
14 1. Senator Bonacic recorded in the negative.
15 ACTING PRESIDENT MEIER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 949, by Senator Skelos, Senate Print 4517, an
19 act to authorize Young Israel of Hewlett.
20 ACTING PRESIDENT MEIER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MEIER: Call the
25 roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 57. Nays,
3 1. Senator Bonacic recorded in the negative.
4 ACTING PRESIDENT MEIER: The bill
5 is passed.
6 Senator Skelos, that completes the
7 noncontroversial reading of the calendar.
8 SENATOR SKELOS: Thank you, Mr.
9 President. If we could go to the
10 controversial reading.
11 ACTING PRESIDENT MEIER: The
12 Secretary will ring the bells.
13 The Secretary will conduct the
14 controversial reading of the calendar.
15 THE SECRETARY: Calendar Number
16 128, by Senator Padavan, Senate Print 403, an
17 act to amend the Administrative Procedure Act,
18 in relation to denial, suspension and
19 revocation.
20 SENATOR SCHNEIDERMAN:
21 Explanation.
22 ACTING PRESIDENT MEIER: Senator
23 Padavan, Senator Schneiderman has requested an
24 explanation.
25 SENATOR PADAVAN: Senator
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1 Schneiderman, your memory is much better than
2 you give yourself credit for. You asked me
3 that same question last year. You expect a
4 different explanation?
5 SENATOR SCHNEIDERMAN: You never
6 know.
7 SENATOR PADAVAN: No, that's all
8 right, it's a rhetorical question.
9 Mr. President, this bill, which I
10 just indicated we have discussed on several
11 other occasions, would provide for the
12 suspension or revocation of a license issued
13 by any state agency for a period of not
14 greater than five years, permissively, on the
15 basis of two violations of federal law dealing
16 with the hiring of unauthorized aliens.
17 Simply put, if some company in this
18 state that has a license, or an individual,
19 who has violated federal law, found guilty of
20 a very serious crime of knowingly -- and I
21 underline the word "knowingly" -- hiring an
22 illegal alien, a state agency that licenses
23 that entity may revoke or suspend that license
24 and, in so doing, cannot do it for any more
25 than five years.
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1 That's what this bill does. I
2 think the reasons are obvious. We can't have
3 licenses in this state to companies who are in
4 all kinds of activities, hundreds of different
5 licenses, some in very sensitive areas,
6 critical areas -- we can't have people running
7 those companies with a state license
8 knowingly, repetitively violating federal law,
9 having been found guilty of hiring illegal
10 aliens.
11 ACTING PRESIDENT MEIER: Senator
12 Schneiderman.
13 SENATOR SCHNEIDERMAN: Thank you.
14 Through you, Mr. President, if the sponsor
15 would yield for a few brief questions.
16 ACTING PRESIDENT MEIER: Senator
17 Padavan, do you yield for a question?
18 SENATOR PADAVAN: Yes.
19 ACTING PRESIDENT MEIER: The
20 sponsor yields.
21 SENATOR SCHNEIDERMAN: Is the
22 requirement that this be an intentional
23 violation of the law anywhere in this statute?
24 Because I don't see it.
25 SENATOR PADAVAN: The federal
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1 statute that we referred to in the body of the
2 bill is a statute that indicates knowingly.
3 Meaning that a company knowingly hired an
4 illegal alien, has been found guilty of
5 knowingly hiring an illegal alien.
6 SENATOR SCHNEIDERMAN: Through
7 you, Mr. President, if the sponsor would
8 continue to yield.
9 ACTING PRESIDENT MEIER: Senator
10 Padavan, do you continue to yield?
11 SENATOR PADAVAN: Yes.
12 ACTING PRESIDENT MEIER: The
13 sponsor yields.
14 SENATOR SCHNEIDERMAN: But my
15 understanding of the federal law is that there
16 are various ways you can prove -- you can meet
17 the evidentiary standard for these federal
18 statutes, including a pattern; that there's
19 not actually a requirement, as the sponsor is
20 implying, that someone actually admit on the
21 stand "Yes, I knew it and I did it anyway."
22 Is it not the case that under these
23 federal statutes you can find violations
24 through proof other than someone admitting
25 that they knowingly violated the law?
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1 SENATOR PADAVAN: Whether someone
2 admitted that they violated the law or not is
3 irrelevant. They were found guilty of
4 violating the law.
5 And the law specifically refers to
6 knowingly hiring an illegal alien. That's
7 federal statute. And it's referred to in the
8 bill by section.
9 SENATOR SCHNEIDERMAN: Thank you.
10 Through you, Mr. President -- or, actually, on
11 the bill.
12 Thank the sponsor for his answers.
13 Even better than last year's.
14 ACTING PRESIDENT MEIER: Senator
15 Schneiderman, on the bill.
16 SENATOR SCHNEIDERMAN: But the
17 reason we ask for explanations and we continue
18 to inquire into one-house bills that we see
19 over and over again is because sometimes there
20 is a hope that we may learn from the debate in
21 a previous year and make some modifications.
22 The reason that many of us have a
23 problem with this bill is very simple. And
24 there are really two reasons. Some of us
25 disagree with the whole thrust of the
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1 legislation, that this is essentially a
2 punitive measure intended to make life more
3 difficult for immigrants who are here who
4 don't have papers, who are trying to work and
5 support their families. Some people have an
6 issue with that; some people think they
7 shouldn't be here.
8 But the second reason that many of
9 us oppose this bill is that this is -- even if
10 you agree that we should take all steps
11 necessary to stop these people from working
12 and supporting their families, this
13 legislation is about as uneven and irrational
14 an approach as you can take.
15 What this legislation does is says
16 that any agency may deny, suspend or revoke a
17 license. So one agency might decide we're
18 going to suspend people's licenses, and the
19 next agency may say, Ah, we're not going to.
20 You may have dry cleaners under
21 investigation -- because keep in mind, this is
22 New York State. We license everything. You
23 want to run a motion picture projector? You
24 need a license. You know, the vestiges of the
25 big government eras here still have to fade.
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1 So state agencies in New York
2 really can go after pretty much any type of
3 small business -- or not. They can go after
4 one business for reasons that are not required
5 to be stated, and the business next door they
6 may leave alone.
7 So this is a bill guaranteed to
8 produce an arbitrary system where some people
9 are being prosecuted, some people are having
10 their licenses suspended, and some people
11 aren't.
12 Second of all, I realize that the
13 language of the federal statute suggests that
14 this should be a knowing violation, but there
15 is no requirement of proof that this be a
16 knowing violation.
17 What we're talking about here is a
18 small business that within a five-year period
19 may have hired two individuals who did not
20 have working papers. And that business at any
21 time could be prosecuted by an agency and lose
22 its license, or maybe it won't be. That's the
23 system that would be set up under this
24 legislation.
25 So I respectfully submit that even
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1 if you appreciate and agree with the goal of
2 the bill, this is not a workable system. This
3 is not a fair system. This is not going to
4 produce any sort of rational approach by the
5 agencies of the State of New York to dealing
6 with this issue.
7 So I would suggest that perhaps,
8 before we visit this bill again, some editing
9 is required.
10 And I also suggest that this
11 legislation really runs against, goes against
12 the grain of what I think is an emerging sense
13 in this country that we have to have a
14 different approach to the millions of illegal
15 immigrants working among us, serving with us
16 that we interact with every day, other than
17 just trying to get rid of them. That's not
18 going to work. President Bush recognizes
19 that's not going to work.
20 The struggle that we're going
21 through now over the question of the Real ID
22 Act that was passed by the federal government
23 reflects this same issue.
24 But I would suggest that the
25 approach that we end up taking, that we must
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1 take is that we have to come to some
2 accommodation with the reality that we depend
3 on illegal immigrants in this country for
4 many, many things. They're here, they're not
5 going away.
6 As with the Real ID Act, I think
7 it's a mistake to make the Department of Motor
8 Vehicles responsible for enforcing the
9 immigration laws.
10 This legislation we're voting on
11 today would make every small business in the
12 state responsible for enforcing the
13 immigration laws. And I respectfully submit
14 that that is not, whether you're looking at it
15 from a human rights point of view or a
16 pro-business point of view, the kind of law we
17 should be passing.
18 So I will be voting no once again.
19 And I look forward to having a conversation
20 hopefully next year about a modified bill.
21 And once again, though, I
22 appreciate Senator Padavan's bringing the
23 important issues of immigrants' rights to the
24 attention of the house.
25 Thank you.
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1 ACTING PRESIDENT MEIER: Any
2 other Senator wish to be heard on the bill?
3 Senator Padavan.
4 SENATOR PADAVAN: Briefly, Mr.
5 President. I don't want to exacerbate this
6 thing.
7 Several things that Senator
8 Schneiderman said are just factually
9 incorrect.
10 The bill says the suspension can't
11 be any more than five years, not that the
12 violation of federal law was within five
13 years. But it says, as far as the federal law
14 is concerned, two or more violations. A
15 company knowingly was found guilty, convicted
16 in a federal court of having violated federal
17 statutes.
18 The second part of your statement
19 was that they are now going to be made
20 responsible to enforce federal law. The fact
21 is they are already. You cannot knowingly
22 hire an illegal alien and not be in violation
23 of federal law. That's your responsibility.
24 Now, let me say, in a broad sense,
25 we have millions of people come to this
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1 country every year as immigrants. They come
2 here legally, they come on visas, they come as
3 students, they get green cards. Many of them
4 become citizens. And that's simply great.
5 That's what made this country what it is.
6 Your suggestion that people can
7 come here illegally, be employed illegally,
8 that company get a license to employ that
9 individual indirectly and nothing should be
10 done about it, just is somewhat akin to it
11 being illogical.
12 SENATOR SCHNEIDERMAN: Mr.
13 President, will the sponsor yield for a
14 question.
15 SENATOR PADAVAN: No more
16 questions. Just take the vote.
17 SENATOR SCHNEIDERMAN: No more
18 questions. Well --
19 ACTING PRESIDENT MEIER: Senator
20 Schneiderman.
21 SENATOR SCHNEIDERMAN: Thank you.
22 Just to respond briefly, I stand
23 corrected. This is even worse than I stated.
24 There is no time limit for the two violations.
25 This could be within an eight-year period, a
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1 10-year period, a 12-year period. So I
2 appreciate Senator Padavan's calling that to
3 our attention.
4 And I do think that on the
5 fundamental issue we may have a disagreement
6 over what the policies of our government
7 should be towards the millions of undocumented
8 immigrants here. And that is a philosophical
9 issue which we can debate.
10 I respectfully submit, however,
11 that this piece of legislation, which does
12 provide a penalty for businesses that don't
13 inspect and go through the paperwork of every
14 possible employee, is punitive in nature
15 towards the businesses as well as towards the
16 immigrants. And I encourage everyone to vote
17 no.
18 ACTING PRESIDENT MEIER: Any
19 other Senator wish to be heard on the bill?
20 Debate is closed, then.
21 The Secretary will ring the bells.
22 Members are asked to come to the
23 chamber for a vote.
24 Read the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the first of
2 November.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MEIER: Announce
7 the results.
8 THE SECRETARY: Those recorded in
9 the negative on Calendar Number 128 are
10 Senators Andrews, Connor, Diaz, Dilan, Duane,
11 Hassell-Thompson, L. Krueger, C. Kruger,
12 Montgomery, Paterson, Sabini, Savino,
13 Schneiderman, Serrano, A. Smith and Stavisky.
14 Also Senator M. Smith.
15 Ayes, 41. Nays, 17.
16 Those Senators absent from voting
17 on Calendar Number 128: Senators Oppenheimer
18 and Parker.
19 ACTING PRESIDENT MEIER: The bill
20 is passed.
21 Senator Skelos, that completes the
22 controversial reading of the calendar.
23 SENATOR SKELOS: Thank you, Mr.
24 President.
25 Is there any further business?
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1 ACTING PRESIDENT MEIER: We have
2 a substitution, Senator.
3 SENATOR SKELOS: If you could
4 make it at this time.
5 ACTING PRESIDENT MEIER: The
6 Secretary will read the substitution.
7 THE SECRETARY: On page 54,
8 Senator Spano moves to discharge, from the
9 Committee on Investigations and Government
10 Operations, Assembly Bill Number 6328 and
11 substitute it for the identical Senate Bill
12 Number 3921, Third Reading Calendar 775.
13 ACTING PRESIDENT MEIER:
14 Substitution ordered.
15 Senator Skelos.
16 SENATOR SKELOS: Mr. President,
17 there being no further business to come before
18 the Senate, I move we stand adjourned until
19 Tuesday, May 24th, at 3:00 p.m.
20 ACTING PRESIDENT MEIER: On
21 motion, the Senate stands adjourned until
22 Tuesday, May 24th, at 11:00 p.m.
23 Let's correct the record. The
24 Senate stands adjourned until tomorrow at
25 3:00 p.m.
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1 (Whereupon, at 3:59 p.m., the
2 Senate adjourned.)
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