Regular Session - March 15, 2006
1491
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 15, 2006
11 11:03 a.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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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 Tuesday, March 14, the Senate met pursuant to
18 adjournment. The Journal of Monday, March 13,
19 was read and approved. On motion, Senate
20 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 Little.
8 SENATOR LITTLE: Thank you, Madam
9 President.
10 On behalf of Senator Morahan, on
11 page number 29 I offer the following
12 amendments to Calendar Number 443, Senate
13 Print Number 6909, and I ask that said bill
14 retain its place on Third Reading Calendar.
15 THE PRESIDENT: The amendments
16 are received, and the bill will retain its
17 place on the Third Reading Calendar.
18 SENATOR LITTLE: Thank you.
19 Also, Madam President, on behalf of
20 Senator Skelos, on page number 12, I offer the
21 following amendments to Calendar Number 162,
22 Senate Print Number 4381, and I ask that that
23 bill will retain its place on Third Reading
24 Calendar.
25 THE PRESIDENT: Those amendments
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1 are also received, and the bill will retain
2 its place on the Third Reading Calendar.
3 Senator Skelos.
4 SENATOR SKELOS: Madam President,
5 Resolution 3047, by Senator Larkin, is at the
6 desk. This resolution was previously adopted
7 on January 10th. If we could have it read at
8 this time and then recognize Senator Larkin.
9 THE PRESIDENT: The Secretary
10 will read.
11 THE SECRETARY: By Senator
12 Larkin, Legislative Resolution Number 3047,
13 congratulating the Monroe-Woodbury High School
14 Football Team and Coach Pat D'Aliso upon the
15 occasion of capturing the 2005 New York State
16 Class AA Championship.
17 "WHEREAS, Excellence and success in
18 competitive sports can be achieved only
19 through strenuous practice, team play and team
20 spirit, nurtured by dedicated coaching and
21 strategic planning; and
22 "WHEREAS, Athletic competition
23 enhances the moral and physical development of
24 the young people of this state, preparing them
25 for the future by instilling in them the value
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1 of teamwork, encouraging a standard of healthy
2 living, imparting a desire for success and
3 developing a sense of fair play and
4 competition; and
5 "WHEREAS, The Monroe-Woodbury High
6 School Crusaders Football Team are the 2005
7 New York Class AA Champions; and
8 "WHEREAS, The Crusaders defeated
9 Webster Thomas High School 32-10 at the
10 Carrier Dome in Syracuse, New York, to finish
11 the season with a perfect 12-0 record and
12 become the first team from Section IX to win
13 the Class AA title; and
14 "WHEREAS, The Monroe-Woodbury High
15 School Football Team was led by Quarterback
16 Greg Sullivan, who was named the game's most
17 valuable player; defensive end Mike Attansio,
18 who was named the top defensive lineman; Chris
19 Johnson, who was named the most valuable
20 offensive back; Tim Dorsey, who was named the
21 top defensive back; and Mike Septh, who
22 received the sportsmanship award; and
23 "WHEREAS, The athletic talent
24 displayed by this team is due in great part to
25 the efforts of Coach Pat D'Aliso, a skilled
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1 and inspirational tutor, respected for his
2 ability to develop potential into excellence;
3 and
4 "WHEREAS, The team's overall record
5 is outstanding, and the team members were
6 loyally and enthusiastically supported by
7 family, fans, friends, and the community at
8 large; and
9 "WHEREAS, The hallmarks of the
10 Monroe-Woodbury High School Football Team,
11 from the opening game of the season to
12 participation in the championship, were a
13 brotherhood of athletic ability, of good
14 sportsmanship, of honor and of scholarship,
15 demonstrating that these team players are
16 second to none; and
17 "WHEREAS, Athletically and
18 academically, the team members have proven
19 themselves to be an unbeatable combination of
20 talents, reflecting favorably on
21 Monroe-Woodbury High School; and
22 "WHEREAS, Coach Pat D'Aliso has
23 done a superb job in guiding, molding and
24 inspiring the team members toward their goals;
25 and
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1 "WHEREAS, Sports competition
2 instills the value of teamwork, pride and
3 accomplishment, and Coach Pat D'Aliso and the
4 outstanding athletes on the Monroe-Woodbury
5 High School Football Team have clearly made a
6 contribution to the spirit of excellence which
7 is a tradition of their school; now,
8 therefore, be it
9 "RESOLVED, That this Legislative
10 Body pause in its deliberations to
11 congratulate the Monroe-Woodbury High School
12 Football Team and Coach Pat D'Aliso on their
13 outstanding season and overall team record;
14 and be it further
15 "RESOLVED, That copies of this
16 resolution, suitably engrossed, be transmitted
17 to the Monroe-Woodbury High School Football
18 Team and to Coach Pat D'Aliso."
19 THE PRESIDENT: Senator Larkin.
20 SENATOR LARKIN: Thank you, Madam
21 President.
22 You know, we're here today to honor
23 not just a football team but the group that
24 goes with the football team -- the parents,
25 the faculty who prepared them for their
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1 studies, who prepared them for their
2 leadership, who prepared them for dealing with
3 other human beings off the field as well as on
4 the field.
5 When you start to look at this team
6 here, led by Pat D'Aliso, what did they do?
7 Had a perfect year. That shows the leadership
8 from the school on down to that young man who
9 gets in the last few minutes. It showed the
10 leadership -- my good friend Michael Nozzolio
11 is at a meeting now, but I think he's really
12 hiding, because he had to give them a bushel
13 of apples -- right, guys? And they ate them
14 all, because we beat them.
15 This is a team that really
16 emphasizes -- Madam President, the Governor
17 called yesterday because when he became a
18 Member of the Assembly, the first school
19 district he visited was Monroe-Woodbury when
20 he was an Assemblyman, George Pataki, in 1985.
21 And he said, "Tell them all I congratulate
22 them for your achievements."
23 You know, when you look at Greg
24 Sullivan, when you made a quarterback last
25 year -- right, Pat? -- he had been playing
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1 defense and then became a quarterback and led
2 them straight through. When they went and
3 played at the Carrier Dome this past fall,
4 Webster got off to a great start. Right?
5 They scored first. And that was the last time
6 they saw the football. Because from then on,
7 it was Monroe-Woodbury, with their leadership,
8 their talent, and their dedication -- not just
9 a dedication to show off, but a dedication to
10 show what you folks are made of. And you did
11 a super job.
12 We're proud to have you here today.
13 As my good friend and colleague Jim Wright
14 said to me, who represents the 10th Mountain
15 Division, he said: "That's what future
16 leaders are all made about."
17 And I am very proud. There's
18 nothing makes an individual here in this
19 chamber prouder than to see young men and
20 women succeed, and you succeeded with
21 excellence.
22 Madam President, Monroe-Woodbury
23 football champions, New York State AA this
24 year.
25 (Applause.)
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1 THE PRESIDENT: The resolution
2 was previously adopted.
3 Congratulations. I'm confident, as
4 President of the Senate, that the skills that
5 made you successful in sports will continue to
6 enhance you in your career and throughout your
7 lives.
8 And we also have Senator Nozzolio
9 here, who I believe would like to speak.
10 SENATOR NOZZOLIO: Thank you,
11 Madam President. On the resolution.
12 Madam President, I would like to
13 congratulate this fine group of young men on
14 the occasion of their victory. That that
15 victory was hard fought, and I was very
16 pleased to be in the stands. Unfortunately, I
17 wasn't rooting for Senator Larkin and this
18 great organization of athletes.
19 But your victory cost me a bushel
20 of apples, and that bushel was given upon the
21 occasion of your victory. That we certainly
22 were not happy that Webster Thomas, which was
23 a fine group of athletes in their own right,
24 met your opposition. And it was a great
25 contest of two wonderful schools. I couldn't
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1 have lost a bushel of apples to a better
2 senator than Senator Larkin.
3 And that I can tell you Senator
4 Larkin was fervently supporting this great
5 athletic endeavor, these fine young athletes
6 and fine leaders of the future.
7 Senator Larkin, congratulations.
8 Again, my hat's off to you and to your
9 wonderful constituents. You have a lot to be
10 proud of.
11 Thank you, Madam President.
12 THE PRESIDENT: Senator Farley.
13 SENATOR FARLEY: Yes, thank you.
14 I just wish to offer my
15 congratulations and say how pleased I am with
16 Senator Nozzolio. He not only lost a bushel
17 of apples to Senator Larkin, he lost a bushel
18 of apples to me on an earlier bet.
19 So, Senator Nozzolio, keep those
20 apples coming, because we've got winners all
21 over this chamber.
22 Congratulations to those athletes.
23 THE PRESIDENT: Senator Morahan.
24 SENATOR MORAHAN: Yes, Madam
25 President, there's a special resolution by
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1 Senator Montgomery at the desk. I would ask
2 that the title only be read and that we pass
3 the resolution.
4 THE PRESIDENT: The Secretary
5 will read.
6 THE SECRETARY: By Senator
7 Montgomery, Legislative Resolution Number
8 4006, commending Reverend Clinton M. Miller
9 upon the occasion of his Fifth Pastoral
10 Anniversary at Brown Memorial Baptist Church,
11 to be celebrated on March 19, 2006.
12 THE PRESIDENT: All in favor of
13 the resolution please signify by saying aye.
14 (Response of "Aye.")
15 THE PRESIDENT: Opposed, nay.
16 (No response.)
17 THE PRESIDENT: The resolution is
18 adopted.
19 Senator Morahan.
20 SENATOR MORAHAN: Yes, Madam
21 President. There's also a special resolution
22 by Senator LaValle. I'd ask that the title be
23 read and ask for its movement.
24 THE PRESIDENT: The Secretary
25 will read.
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1 THE SECRETARY: By Senator
2 LaValle, Legislative Resolution Number 4007,
3 commending Annette Perry upon the occasion of
4 her designation for special recognition by the
5 Town of Brookhaven Office of Women's Services,
6 in celebration of National Women's History
7 Month 2006.
8 THE PRESIDENT: All in favor of
9 the resolution please signify by saying aye.
10 (Response of "Aye.")
11 THE PRESIDENT: Opposed, nay.
12 (No response.)
13 THE PRESIDENT: The resolution is
14 adopted.
15 Senator Morahan.
16 SENATOR MORAHAN: Yes. May we
17 have the noncontroversial reading of the
18 calendar, please.
19 THE PRESIDENT: The Secretary
20 will read.
21 Senator Morahan, there is one
22 substitution.
23 SENATOR MORAHAN: Would you
24 please make the substitution, Madam President.
25 THE PRESIDENT: The Secretary
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1 will read.
2 THE SECRETARY: On page 16,
3 Senator Farley moves to discharge, from the
4 Committee on Finance, Assembly Bill Number
5 9046 and substitute it for the identical
6 Senate Bill Number 5943, Third Reading
7 Calendar 242.
8 THE PRESIDENT: Substitution
9 ordered.
10 The Secretary will begin to read
11 the noncontroversial calendar.
12 THE SECRETARY: Calendar Number
13 122, by Senator Golden, Senate Print 3828C, an
14 act to amend the Executive Law, in relation to
15 identification.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 42.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 235, by Senator Farley, Senate Print 6506, an
2 act to amend the Public Health Law and Chapter
3 337 of the Laws of 2002.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 4. This
7 act shall take effect immediately.
8 THE PRESIDENT: Senator Farley,
9 to explain your vote.
10 SENATOR FARLEY: Thank you, Madam
11 President. I just want to explain my vote
12 quickly on this.
13 This is an example of retired
14 doctors that are having a volunteer program
15 for healthcare in the city of Schenectady. It
16 was a pilot program. It's been the only one
17 in the state. It's been incredibly
18 successful. There's a number of cities and
19 areas that are anxious to imitate this and go
20 forward with this.
21 It's a wonderful program that
22 allows retired physicians to treat the poor
23 and underserved on a volunteer basis. It's
24 been an excellent program, and this makes it
25 permanent.
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1 And I would urge all of you to look
2 into this program maybe for your areas,
3 because it's an outstanding program. It's one
4 that's been very, very successful.
5 Thank you, Madam President. I vote
6 aye.
7 THE PRESIDENT: You will be so
8 recorded as voting in the affirmative.
9 Call the roll.
10 (The Secretary called the roll.)
11 THE PRESIDENT: Senator Duane, to
12 explain your vote.
13 SENATOR DUANE: Thank you, Madam
14 President. I rise to speak in support of this
15 legislation.
16 In 2002, I voted in favor of
17 creating this program, the healthcare
18 practitioner program in Schenectady County.
19 The legislative findings accompanying the bill
20 that initially created this program, which
21 became Chapter 337 of the Laws of 2002 upon
22 its approval by the Governor, noted the need
23 for free, basic primary healthcare service for
24 uninsured low-income individuals. I support
25 this bill because the need for such services
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1 continues today.
2 However, what also continues is
3 New York State's need for a mental health
4 parity law. This proposal, known as Timothy's
5 Law, was named for Timothy O'Clair, a young
6 boy from Schenectady who took his own life at
7 the age of 12 after his family's insurance
8 coverage for mental health treatment ran out.
9 Tragically, Timothy O'Clair took
10 his own short life five years ago yesterday.
11 And so I ask my colleagues to join with me in
12 a moment of silence in memory of Timothy
13 O'Clair.
14 (Whereupon, the assemblage
15 respected a moment of silence.)
16 SENATOR DUANE: My colleagues, I
17 hope that this will be the year that this
18 house enacts legislation to prevent insurance
19 companies from limiting coverage for mental
20 illness and substance abuse recovery. By
21 doing so, we will be doing all we can as
22 legislators to avoid another tragedy like the
23 one that the O'Clair family is suffering
24 through.
25 I vote yes.
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1 Thank you, Madam President.
2 THE PRESIDENT: You will be
3 recorded as voting in the affirmative,
4 Senator.
5 The Secretary will announce the
6 results.
7 THE SECRETARY: Ayes, 44.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 242, substituted earlier today by the Assembly
12 Committee on Rules, Assembly Print Number
13 9046, an act to amend the Executive Law, in
14 relation to evacuation drills.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the same date as
19 Chapter 207 of the Laws of 2005.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 44.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 363, by Senator Maziarz, Senate Print 6769, an
2 act to amend the Labor Law, in relation to
3 contracts.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 6. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 44.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 410, by Senator Nozzolio, Senate Print 1975,
15 an act to amend the Real Property Tax Law, in
16 relation to exempting.
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, 44.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 434, by Senator Trunzo, Senate Print 143, an
3 act to amend the Real Property Law, in
4 relation to the failure.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 44.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 436, by Senator Larkin, Senate Print 448, an
16 act to amend the Surrogate's Court Procedure
17 Act, in relation to expanding.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 8. This
21 act shall take effect on the first of January
22 next succeeding.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 44.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 438, by Senator DeFrancisco, Senate Print
5 2148A, an act to amend the General Obligations
6 Law, in relation to statutory short form
7 power.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 5. This
11 act shall take effect on the first of January.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 44.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 454, by Senator Libous, Senate Print 2500, an
19 act to amend the Penal Law, in relation to
20 provision.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of
25 November.
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1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 44.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 457, by Senator Saland, Senate Print 3168, an
8 act to amend the Penal Law, in relation to
9 harassment of teachers.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first of
14 September.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 44.
18 THE PRESIDENT: The bill is
19 passed.
20 Senator Morahan, that completes the
21 reading of the calendar.
22 SENATOR MORAHAN: Thank you,
23 Madam President.
24 Is there any further business at
25 the desk?
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1 THE PRESIDENT: No, there is not,
2 Senator.
3 SENATOR MORAHAN: Madam
4 President, would you please recognize Senator
5 Breslin.
6 THE PRESIDENT: Senator Breslin.
7 SENATOR BRESLIN: Yes, Madam
8 President. I believe there's a motion at the
9 desk. I ask that it be read.
10 THE PRESIDENT: Yes, there is.
11 The Secretary will read.
12 THE SECRETARY: Senate Print
13 1376, by Senator Breslin, an act to create a
14 healthcare financing commission.
15 THE PRESIDENT: Senator Breslin.
16 SENATOR BRESLIN: Thank you,
17 Madam President.
18 The motion would create a
19 healthcare commission. And I think it's
20 coincidental that I just came from the
21 conference committee on health, where they
22 talked about difficulties, difficulties in
23 care for the indigent in hospitals, which has
24 an 850 million annual price tag. They talked
25 about long-term care, the interactions between
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1 long-term care and home health care. They
2 talked about a myriad of issues --
3 transportation for our elderly, services for
4 the handicapped, traumatic brain injuries.
5 But what that does, it highlights
6 the need to set up a commission to study
7 healthcare overall. And that commission would
8 be made up of 15 people, three to be appointed
9 by the Governor, three by each house, two by
10 each of the minorities. It would be made up
11 of labor leaders, it would be made up of
12 healthcare professionals.
13 And we would finally get some idea,
14 as opposed to the piecemeal -- we have
15 committees in the Senate, majority and
16 minority, committees in the Assembly, all
17 trying to take on the tremendous burdens of
18 coming up with a comprehensive healthcare.
19 But what we haven't done is set up someone on
20 the outside, someone unaffected by the
21 tremendous pressures of government and
22 politics, someone who could independently,
23 independently come up with some ideas to give
24 us comprehensive healthcare throughout this
25 state.
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1 It hasn't been done before. It's
2 necessary. How can we -- these billions and
3 billions of dollars we spend each year, at a
4 time when there's still 3 million of us
5 without any healthcare at all. And that's
6 aside from our Medicaid population.
7 So it is hoped that with this
8 commission -- this does not have a financial
9 expense. It's bringing the minds of
10 professional people together to come up with
11 recommendations, how we can implement and once
12 again retain and regain our foothold as the
13 leading state in the country.
14 So I urge all of my fellow
15 Senators, both on the right side of the aisle
16 and on the left side of the aisle -- which is
17 the right side of the aisle -- to come
18 together to vote for this.
19 Thank you very much, Madam
20 President.
21 THE PRESIDENT: All those
22 Senators in favor of the petition out of
23 committee please signify by raising your
24 hands.
25 THE SECRETARY: Those recorded in
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1 agreement are Senators Breslin, Coppola, Diaz,
2 Dilan, Duane, Gonzalez, Klein, L. Krueger,
3 Parker, Paterson, Sabini, Savino,
4 Schneiderman, A. Smith, M. Smith, Stachowski,
5 Stavisky, and Valesky.
6 THE PRESIDENT: The petition is
7 not agreed to.
8 Senator Morahan.
9 SENATOR MORAHAN: Yes, Madam
10 President. There being no further business, I
11 move we adjourn until Monday, March 20th, at
12 3:00 p.m., intervening days being legislative
13 days.
14 THE PRESIDENT: On motion, the
15 Senate now stands adjourned until Monday,
16 March 20th, 3:00 p.m., intervening days being
17 legislative days.
18 (Whereupon, at 11:27 a.m., the
19 Senate adjourned.)
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