Regular Session - February 27, 2006
998
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 February 27, 2006
11 3:13 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
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21
22
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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: In the absence of
10 clergy, may we bow our heads in a moment of
11 silence, please.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 THE PRESIDENT: Reading of the
15 Journal.
16 THE SECRETARY: In Senate,
17 Friday, February 24, the Senate met pursuant
18 to adjournment. The Journal of Thursday,
19 February 23, was read and approved. On
20 motion, Senate adjourned.
21 THE PRESIDENT: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
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1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Fuschillo.
8 SENATOR FUSCHILLO: Thank you,
9 Madam President.
10 On behalf of Senator Meier, I move
11 that the following bill be discharged from its
12 respective committee and be recommitted with
13 instructions to strike the enacting clause:
14 Senate Print Number 4302.
15 THE PRESIDENT: So ordered.
16 SENATOR FUSCHILLO: Madam
17 President, amendments are offered to the
18 following Third Reading Calendar bills:
19 Sponsored by Senator Spano, page
20 number 14, Calendar Number 119, Senate Print
21 Number 6440;
22 By Senator Nozzolio, page number
23 16, Calendar Number 155, Senate Print Number
24 1947;
25 By Senator Leibell, page number 20,
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1 Calendar Number 204, Senate Print Number 3813;
2 By Senator Leibell, page number 21,
3 Calendar Number 210, Senate Print Number 5102;
4 And by Senator Nozzolio, page
5 number 24, Calendar Number 258, Senate Print
6 Number 4015.
7 I now move that these bills retain
8 their place on the order of third reading.
9 THE PRESIDENT: Without
10 objection, the amendments are received and the
11 bills will retain their place on the Third
12 Reading Calendar.
13 Senator Nozzolio.
14 SENATOR NOZZOLIO: Thank you,
15 Madam President.
16 I move that the following bills be
17 discharged from their respective committees
18 and be recommitted with instructions to strike
19 the enacting clause: 3377.
20 THE PRESIDENT: So ordered.
21 SENATOR NOZZOLIO: Madam
22 President, I move that the following bills be
23 discharged from their respective committees
24 and be recommitted with instructions to strike
25 the enacting clause, on behalf of Senator
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1 Wright: 5534A and 5834.
2 THE PRESIDENT: So ordered.
3 Senator Skelos.
4 SENATOR SKELOS: Madam President,
5 are there any substitutions to be made at this
6 time?
7 THE PRESIDENT: Yes, there are,
8 Senator.
9 The Secretary will read.
10 THE SECRETARY: On page 14,
11 Senator Robach moves to discharge, from the
12 Committee on Civil Service and Pensions,
13 Assembly Bill Number 9421 and substitute it
14 for the identical Senate Bill Number 6479,
15 Third Reading Calendar 112.
16 And on page 19, Senator Meier moves
17 to discharge, from the Committee on Social
18 Services, Children and Families, Assembly Bill
19 Number 9617 and substitute it for the
20 identical Senate Bill Number 6469, Third
21 Reading Calendar 196.
22 THE PRESIDENT: Substitutions
23 ordered.
24 Senator Skelos.
25 SENATOR SKELOS: Madam President,
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1 there's a resolution at the desk, 3667, by
2 Senator Balboni. Could we please have it read
3 in its entirety and move for its immediate
4 adoption.
5 THE PRESIDENT: The Secretary
6 will read.
7 THE SECRETARY: By Senator
8 Balboni, Legislative Resolution Number 3667,
9 urging a further investigation into the sale
10 of certain port operations at the Port of
11 New York from Peninsular and Oriental Steam
12 Navigation Company to Dubai Ports World.
13 "WHEREAS, The Port Authority of
14 New York and New Jersey testified at a hearing
15 on port security by the Senate's Committee on
16 Veterans, Homeland Security and Military
17 Affairs that the port contributes
18 $24.4 billion to the nation's economy; and
19 "WHEREAS, It also stated that cargo
20 that is handled in the port serves 80 million
21 people, or roughly 35 percent of the United
22 States population. The port handles 5,000
23 ships per year and, on average, transfers
24 roughly 6,000 containers each day; and
25 "WHEREAS, The sale of critical
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1 infrastructure to a company controlled by a
2 foreign power may be reviewed by the Committee
3 on Foreign Investment in the United States.
4 It is chaired by the federal Department of
5 Treasury and includes the Departments of
6 Defense, State, Homeland Security, and the
7 Attorney General. The committee determines if
8 these sales could affect national security and
9 if those sales should go forward; and
10 "WHEREAS, On January 17, 2006, the
11 committee approved the transfer from the
12 Peninsular and Oriental Steam Navigation
13 company to Dubai Ports World; and
14 "WHEREAS, The committee is allowed
15 to authorize an investigation which may take
16 up to 45 days, to allow a detailed
17 investigation; now, therefore, be it
18 "RESOLVED, That this Legislative
19 Body urges the New York State Congressional
20 delegation to memorialize the President to
21 order the committee to exercise its authority
22 to investigate this transaction with respect
23 to all salient security issues; and be it
24 further
25 "RESOLVED, That copies of this
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1 resolution, suitably engrossed, be transmitted
2 to each member of the New York State
3 Congressional delegation."
4 THE PRESIDENT: Senator Balboni.
5 SENATOR BALBONI: Thank you very
6 much, Madam President.
7 While most of us were doing
8 something else last week than being here, the
9 nation and I would daresay part of the globe
10 was engaged in a debate over whether or not
11 this country should allow a country to own and
12 operate a major portion of the port of
13 New York and other ports around this nation.
14 The concern has revolved around
15 whether or not the proper security checks have
16 been made on the company seeking to run the
17 port.
18 In conversations with various
19 people, including Congressman Peter King,
20 chairman of the Homeland Security Committee
21 for the United States Congress, what has
22 become very apparent is that though an
23 investigation was undertaken, it did not have
24 the proper transparency or sufficiency
25 necessary to assure us, both as citizens of
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1 this nation and citizens of this state, that
2 the owner and operators of that port, the Port
3 of New York, would in fact not have any
4 terrorist links or capabilities.
5 This Senate will be seeing bills
6 later on that will talk about trying to shore
7 up port security. Right after 9/11, there
8 were many books written about various
9 vulnerabilities in the United States. One of
10 them pointed to the vulnerabilities of the
11 Port of New York. Shortly thereafter, several
12 Senators from this chamber -- in particular,
13 Senator Leibell and Senator Wright and Senator
14 Morahan -- all went to the port and discussed
15 with representatives from Howland Hook, one of
16 the major operators, what their security
17 concerns were. And at that time, their
18 ability to look into containers that were
19 coming into the United States was very
20 limited.
21 Since that time, time and time
22 again, experts in the field of homeland
23 security and security in general have pointed
24 to the port as being vulnerable. And yet
25 today, many experts still have that
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1 expectation, that, God forbid, something of a
2 weapon of mass destruction nature and category
3 could be smuggled into the Port of New York or
4 any port in this nation.
5 You heard some of the statistics
6 about the Port of New York, but I guess one of
7 the things that really make this so compelling
8 for me is this statistic: within 50 miles
9 from the Port of New York there lives
10 40 million people. That is some of the
11 greatest population concentration in the
12 globe. It's the third or fourth largest port
13 in the nation. The economic impact, if
14 something happened there, would be dramatic.
15 What we seek and we should all seek
16 in this chamber is not a closing of the door
17 to global interests in the Port of New York
18 and not to have a company-specific strategy
19 against terrorism, because that would be
20 narrow-minded, shortsighted, and ultimately
21 ineffective -- because our enemies across the
22 globe would simply change the name of their
23 business or the country from which they
24 operate and would come at us another way.
25 But what we have to be assured of
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1 is that the steps that are taken by the
2 federal government as well as the state are
3 such that can convey to us that the people who
4 are doing business in our ports and running
5 our ports are in fact terrorist-clean.
6 This resolution today basically
7 sums up what the individual company has agreed
8 to do; that is, wait for 45 days. But a part
9 of it is also to say to the President of
10 United States: Please look at this company
11 with a very, very hard eye to see if in fact
12 the proper security checks have been done.
13 Because at the end of the day, all New Yorkers
14 and, frankly, all citizens of the United
15 States need and deserve a process that is
16 uniform and that is clear and safe.
17 I would urge all the members of
18 this chamber to vote in favor of this
19 resolution.
20 Thank you, Madam President.
21 THE PRESIDENT: Senator Leibell.
22 SENATOR LEIBELL: Thank you,
23 Madam President. On the resolution.
24 And to echo what Senator Balboni
25 has been saying, it was after 9/11 that a
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1 number of us did go down to the Port of
2 New York, had the opportunity to review some
3 of their procedures there.
4 It's become quite clear over time
5 that our greatest vulnerability is going to be
6 our ports. And certainly we have had an enemy
7 during this period of international terrorism
8 that has struck at many of our transportation
9 hubs.
10 These are particularly dangerous
11 times for our state and our nation. And
12 certainly we also live in a unique period of
13 international commerce, and no one wishes to
14 see that deterred. However, every country and
15 its people have the first obligation to be
16 secure in their national endeavors. As we
17 look at the future, we unfortunately can be
18 quite certain that we will be hit again by
19 those who oppose us and our way of life.
20 I would urge that the United States
21 Congress and our federal officials proceed
22 with the greatest caution and understand the
23 great dangers that we all face. And, in their
24 efforts to make friends and possibly new
25 allies, to remember these most dangerous of
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1 times and that no one will take better care of
2 us and no nation will take better care of us
3 than we will of ourselves.
4 So I support this resolution and
5 would urge its passage.
6 THE PRESIDENT: Senator Nozzolio.
7 SENATOR NOZZOLIO: Thank you,
8 Madam President. On the resolution.
9 Madam President, my colleagues, I
10 rise to thank Senator Balboni for his
11 leadership in pursuing this important issue
12 rapidly. Because we as a state need to stand
13 tall to send the message clearly to
14 Washington, D.C., that the important security
15 of our ports should not be held to any entity
16 that is not totally accountable to the people
17 of the United States of America.
18 Accountability is the issue. And
19 that a decision, however made, must be
20 reviewed through the scrutiny of establishing
21 accountability.
22 There's no more important security
23 issue than at the pinpoint of our commerce,
24 the commerce of the United States of America,
25 through each port through our great nation.
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1 Those ports present great opportunities and
2 also present great concern. The concern is
3 with security.
4 And unless and until we fully have
5 a complete and fundamental accountability of
6 what we can expect in terms of security, any
7 provision should not move forward.
8 Senator Balboni, Senator Leibell,
9 thank you for your leadership on this very
10 critical question. And that I rise to
11 admonish all those who are making these
12 decisions that New York requires
13 accountability.
14 Thank you, Madam President.
15 THE PRESIDENT: Senator
16 Marcellino.
17 SENATOR MARCELLINO: Yes, Madam
18 President, I also rise to thank my two
19 colleagues for bringing up this very important
20 resolution.
21 I think the key message -- I won't
22 repeat what others have said, because I agree
23 with all of it. But the key point here, and I
24 think that Senator Balboni and Senator Leibell
25 have spoken to it, is that security is
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1 everybody's responsibility. We can't simply
2 allow it or leave it to the federal government
3 or any other entity. New York State, every
4 locality, every citizen is responsible for our
5 own protection and our own self-protection,
6 and we must take a leadership role.
7 And I again thank my two colleagues
8 for bringing this to the forefront and
9 bringing this resolution forward. I support
10 it wholeheartedly.
11 THE PRESIDENT: On the
12 resolution, all in favor please signify by
13 saying aye.
14 (Response of "Aye.")
15 THE PRESIDENT: Opposed, nay.
16 (No response.)
17 THE PRESIDENT: The resolution is
18 adopted.
19 Senator Skelos.
20 SENATOR SKELOS: Madam President,
21 if we could go to the noncontroversial reading
22 of the calendar.
23 THE PRESIDENT: The Secretary
24 will read.
25 THE SECRETARY: Calendar Number
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1 59, by Senator Volker, Senate Print 5575, an
2 act to amend the Criminal Procedure Law, in
3 relation to the procedure following a verdict.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 6. This
7 act shall take effect on the 120th day.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 53.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 91, by Senator LaValle, Senate Print 6421, an
15 act to amend Chapter 676 of the Laws of 2002
16 amending the Education Law.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 53.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 98, by Senator Maziarz, Senate Print 110A, an
3 act to amend the Highway Law, in relation to
4 the designation.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 53.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 112, substituted earlier today by Member of
16 the Assembly Lupardo, Assembly Print Number
17 9421, an act to amend the Civil Service Law
18 and the State Finance Law.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 6. This
22 act shall take effect on the 90th day.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE PRESIDENT: Senator Duane, to
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1 explain your vote.
2 SENATOR DUANE: Thank you, Madam
3 President.
4 Each year billions of dollars are
5 expended on outside contracts in New York
6 State. And often the public does not know the
7 true costs of the contracts which are given to
8 outside contractors and we have no way to
9 compare the cost-effectiveness of those
10 contracts with the work that's performed by
11 public employees, because when public
12 employees do the work we know what the cost
13 ratio is for those services.
14 This bill was unanimously passed
15 last year in this house. I note that the
16 sponsor of the legislation has crafted new
17 language in the bill which addresses the
18 Governor's objections and which the Governor
19 says caused him to veto that legislation.
20 I'm hopeful that the Governor will
21 sign the bill this year, because this bill
22 will make state government more transparent
23 and accountable. And so for that reason, I'm
24 recommending that we all cast a yes vote on
25 this piece of legislation.
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1 Thank you, Madam President.
2 THE PRESIDENT: You will be
3 recorded as voting in the affirmative, Senator
4 Duane.
5 The Secretary will announce the
6 results.
7 THE SECRETARY: Ayes, 54.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 157, by Senator DeFrancisco, Senate Print 42,
12 an act to amend the Real Property Law, in
13 relation to allowing an assignment of
14 mortgage.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 30th day.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 54.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 158, by Senator DeFrancisco, Senate Print 43,
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1 an act to amend the Estates, Powers and Trusts
2 Law, in relation to the disqualification.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of January.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 54.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 167, by Senator Larkin, Senate Print 2475A, an
14 act to amend the General Business Law, the
15 Highway Law, and the Vehicle and Traffic Law,
16 in relation to peddling.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 5. This
20 act shall take effect on the 180th day.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 54.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 169, by Senator Fuschillo, Senate Print 6355,
3 an act to amend the General Business Law, in
4 relation to clarifying.
5 ACTING PRESIDENT YOUNG: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT YOUNG: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 53. Nays,
13 1. Senator Meier recorded in the negative.
14 ACTING PRESIDENT YOUNG: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 179, by Senator Meier, Senate Print 5643A, an
18 act to amend the Retirement and Social
19 Security Law, in relation to earnings
20 limitations.
21 ACTING PRESIDENT YOUNG: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT YOUNG: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 55.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 196, substituted earlier today by Member of
8 the Assembly Scarborough, Assembly Print
9 Number 9617, an act to amend the Family Court
10 Act.
11 ACTING PRESIDENT YOUNG: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT YOUNG: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 55.
19 ACTING PRESIDENT YOUNG: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 253, by Senator Rath, Senate Print 1515, an
23 act to amend the Vehicle and Traffic Law, in
24 relation to restrictions.
25 ACTING PRESIDENT YOUNG: Read the
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1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the 180th day.
4 ACTING PRESIDENT YOUNG: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 55.
8 ACTING PRESIDENT YOUNG: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 254, by Senator LaValle, Senate Print 2069, an
12 act to amend the Vehicle and Traffic Law, in
13 relation to certification.
14 ACTING PRESIDENT YOUNG: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 30th day.
18 ACTING PRESIDENT YOUNG: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 55.
22 ACTING PRESIDENT YOUNG: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 261, by Senator Little, Senate Print 724, an
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1 act to amend the Town Law, in relation to
2 authorizing.
3 ACTING PRESIDENT YOUNG: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect immediately.
7 ACTING PRESIDENT YOUNG: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 55.
11 ACTING PRESIDENT YOUNG: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 265, by Senator LaValle, Senate Print 1353, an
15 act to amend the General Municipal Law, in
16 relation to allowing.
17 ACTING PRESIDENT YOUNG: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT YOUNG: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 55.
25 ACTING PRESIDENT YOUNG: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 266, by Senator Larkin, Senate Print 2622A, an
4 act to amend the General Municipal Law, in
5 relation to enacting the Local Government
6 Mergers Law.
7 ACTING PRESIDENT YOUNG: Read the
8 last section.
9 THE SECRETARY: Section 11. This
10 act shall take effect on the 180th day.
11 ACTING PRESIDENT YOUNG: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 55.
15 ACTING PRESIDENT YOUNG: The bill
16 is passed.
17 Senator Skelos, that completes the
18 reading of the calendar.
19 SENATOR SKELOS: Thank you much,
20 Madam President.
21 Senator Duane, I just want to
22 congratulate you on the great job, how
23 efficiently everything moved. And perhaps
24 you'll be sitting in that chair for years to
25 come.
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1 (Laughter.)
2 SENATOR DUANE: Madam President,
3 I'm hopeful that will be the case, with just
4 one teeny, tiny little minor change.
5 ACTING PRESIDENT YOUNG: What
6 would that be?
7 SENATOR DUANE: Thank you, Madam
8 President.
9 (Laughter.)
10 SENATOR SKELOS: Any further
11 business to come before the Senate?
12 ACTING PRESIDENT YOUNG: There's
13 no business.
14 SENATOR SKELOS: There being no
15 further business, I move we stand adjourned
16 until Tuesday, February 28th, at 3:00 p.m.
17 ACTING PRESIDENT YOUNG: On
18 motion, the Senate stands adjourned until
19 Tuesday, February 28th, at 3:00 p.m.
20 (Whereupon, at 3:36 p.m., the
21 Senate adjourned.)
22
23
24
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