Regular Session - March 31, 2008
943
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 31, 2008
11 3:07 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH A. GRIFFO, Acting 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 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask all present to please rise
5 and repeat with me the Pledge of Allegiance to
6 our Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: For
10 today's invocation we have with us Father
11 Peter Young, of the Mother Theresa Community.
12 Father.
13 REVEREND YOUNG: Thank you,
14 Senator. Let us pray.
15 In New York City, at George
16 Washington's inauguration as President, he
17 placed his hand on the Bible on April 30,
18 1789, to serve with integrity his nation.
19 Our Senators are likewise called to
20 leadership as Your elected and dedicated
21 public servants. We bless them in Your name
22 so that they can carry out this most important
23 work in the closing of the budget hours for
24 all of our citizens in New York State.
25 Amen.
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1 ACTING PRESIDENT GRIFFO: The
2 reading of the Journal.
3 THE SECRETARY: In Senate,
4 Sunday, March 30, the Senate met pursuant to
5 adjournment. The Journal of Saturday,
6 March 29, was read and approved. On motion,
7 Senate adjourned.
8 ACTING PRESIDENT GRIFFO: Without
9 objection, the Journal stands approved as
10 read.
11 Presentation of petitions.
12 Messages from the Assembly.
13 Messages from the Governor.
14 Reports of standing committees.
15 Reports of select committees.
16 Communications and reports from
17 state officers.
18 Motions and resolutions.
19 Senator Young.
20 SENATOR YOUNG: Thank you,
21 Mr. President.
22 On page 39 I offer the following
23 amendments to Calendar Number 600, Senate
24 Print Number 4660, and ask that the bill will
25 retain its place on the Third Reading
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1 Calendar. Thank you.
2 ACTING PRESIDENT GRIFFO: Thank
3 you, Senator Young. The amendments are
4 received and adopted, and the bill will retain
5 its place on the Third Reading Calendar.
6 Senator Skelos.
7 SENATOR SKELOS: Mr. President,
8 there will be an immediate meeting of the
9 Finance Committee in the Majority Conference
10 Room.
11 ACTING PRESIDENT GRIFFO: There
12 will be an immediate meeting of the Finance
13 Committee in the Majority Conference Room.
14 The Senate stands at ease.
15 (Whereupon, the Senate stood at
16 ease at 3:10 p.m.)
17 (Whereupon, the Senate reconvened
18 at 3:16 p.m.)
19 ACTING PRESIDENT GRIFFO: The
20 Senate will come to order.
21 Senator Skelos.
22 SENATOR SKELOS: Mr. President,
23 if we could go to the noncontroversial reading
24 of the calendar.
25 ACTING PRESIDENT GRIFFO: The
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1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 286, by Senator Larkin, Senate Print 1882, an
4 act to amend the Racing, Pari-Mutuel Wagering
5 and Breeding Law, in relation to free passes,
6 cards or badges.
7 ACTING PRESIDENT GRIFFO: Read
8 the last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 54. Nays,
15 1. Senator Maziarz recorded in the negative.
16 ACTING PRESIDENT GRIFFO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 323, by Senator Skelos, Senate Print 6687C, an
20 act to amend the Civil Practice Law and Rules,
21 in relation to enforceability.
22 ACTING PRESIDENT GRIFFO: Read
23 the last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT GRIFFO: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 55.
5 ACTING PRESIDENT GRIFFO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 333, by Senator Bruno, Senate Print 6383, an
9 act authorizing the reinstatement of Eric M.
10 Jukes.
11 ACTING PRESIDENT GRIFFO: There
12 is a home-rule message at the desk.
13 Read the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 55.
20 ACTING PRESIDENT GRIFFO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 420, by Senator LaValle, Senate Print 2949A,
24 an act to amend the Penal Law, in relation to
25 enhancing penalties.
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1 ACTING PRESIDENT GRIFFO: Read
2 the last section.
3 THE SECRETARY: Section 33. This
4 act shall take effect on the first of
5 November.
6 ACTING PRESIDENT GRIFFO: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Those recorded in
10 the negative on Calendar Number 420 are
11 Senators Adams, Montgomery and Perkins.
12 Ayes, 54. Nays, 3.
13 ACTING PRESIDENT GRIFFO: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 464, by Senator Little, Senate Print 6969, an
17 act to amend Chapter 719 of the Laws of 1980
18 amending the Local Finance Law.
19 ACTING PRESIDENT GRIFFO: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 57.
2 ACTING PRESIDENT GRIFFO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 465, by Senator Maltese, Senate Print 303, an
6 act to amend the Election Law, in relation to
7 military voters.
8 ACTING PRESIDENT GRIFFO: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GRIFFO: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 57.
16 ACTING PRESIDENT GRIFFO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 476, by Senator Fuschillo, Senate Print 1531,
20 an act to amend the Real Property Law, in
21 relation to prohibiting sex offenders.
22 ACTING PRESIDENT GRIFFO: Read
23 the last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT GRIFFO: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Those recorded in
5 the negative on Calendar Number 476 are
6 Senators Adams, Duane, Hassell-Thompson,
7 Montgomery, Perkins and Serrano.
8 Ayes, 51. Nays, 6.
9 ACTING PRESIDENT GRIFFO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 483, by Senator Volker, Senate Print 4874, an
13 act to amend the Real Property Law, in
14 relation to recording.
15 ACTING PRESIDENT GRIFFO: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the first of January
19 next succeeding.
20 ACTING PRESIDENT GRIFFO: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57.
24 ACTING PRESIDENT GRIFFO: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 523, by Senator Larkin, Senate Print 6929, an
3 act to amend the Highway Law, in relation to
4 designating a certain portion of State Route
5 32 in the counties of Ulster and Orange.
6 ACTING PRESIDENT GRIFFO: Read
7 the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 57.
14 ACTING PRESIDENT GRIFFO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 597, by Senator Little, Senate Print 7070, an
18 act making certain findings and determinations
19 relating to bond anticipation notes.
20 ACTING PRESIDENT GRIFFO: There
21 is a home-rule message at the desk.
22 Read the last section.
23 THE SECRETARY: Section 5. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 57.
4 ACTING PRESIDENT GRIFFO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 617, by Senator Lanza, Senate Print 6851, an
8 act to amend Chapter 759 of the Laws of 1973
9 relating to the transfer of lands.
10 ACTING PRESIDENT GRIFFO: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT GRIFFO: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 57.
18 ACTING PRESIDENT GRIFFO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 665, by Senator Little, Senate Print 7300, an
22 act in relation to authorizing the
23 distribution of certain amounts to counties
24 and cities.
25 ACTING PRESIDENT GRIFFO: Read
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1 the last section.
2 THE SECRETARY: Section 5. This
3 act shall take effect immediately.
4 ACTING PRESIDENT GRIFFO: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 57.
8 ACTING PRESIDENT GRIFFO: The
9 bill is passed.
10 Senator Skelos, that completes the
11 noncontroversial reading of the calendar.
12 SENATOR SKELOS: Thank you,
13 Mr. President.
14 If we could return to reports of
15 standing committees for the report of the
16 Finance Committee.
17 ACTING PRESIDENT GRIFFO: Reports
18 of standing committees.
19 The Secretary will read the report
20 of the Finance Committee.
21 THE SECRETARY: Senator O.
22 Johnson, from the Committee on Finance,
23 reports the following bills direct to third
24 reading:
25 Senate Print 7323, by the Senate
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1 Committee on Rules, an act to provide for the
2 administration of certain funds and accounts;
3 And Senate Print 7324, by the
4 Senate Committee on Rules, an act making
5 appropriations for the support of government.
6 Both bills ordered direct to third
7 reading.
8 ACTING PRESIDENT GRIFFO: Both
9 bills are reported direct to third reading.
10 Senator Skelos.
11 SENATOR SKELOS: Mr. President,
12 if we could just stand at ease. We're waiting
13 for messages on those two bills.
14 ACTING PRESIDENT GRIFFO: The
15 Senate will stand at ease.
16 (Whereupon, the Senate stood at
17 ease at 3:24 p.m.)
18 (Whereupon, the Senate reconvened
19 at 4:00 p.m.)
20 ACTING PRESIDENT GRIFFO: The
21 Senate will come to order.
22 Senator Skelos.
23 SENATOR SKELOS: Mr. President,
24 the Senate will stand in recess until
25 7:30 p.m.
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1 ACTING PRESIDENT GRIFFO: The
2 Senate will stand in recess until 7:30 p.m.
3 (Whereupon, the Senate stood at
4 ease at 4:01 p.m.)
5 (Whereupon, the Senate reconvened
6 at 7:37 p.m.)
7 ACTING PRESIDENT GRIFFO: Senate
8 is in session.
9 Senator Skelos.
10 SENATOR SKELOS: Mr. President,
11 earlier this evening I believe we accepted the
12 report of the Finance Committee.
13 So at this time if we could take up
14 Calendar Number 670, Senate 7323,
15 noncontroversial.
16 ACTING PRESIDENT GRIFFO: The
17 Secretary will read.
18 THE SECRETARY: In relation to
19 Calendar Number 670, Senator O. Johnson moves
20 to discharge, from the Committee on Finance,
21 Assembly Bill Number 10418 and substitute it
22 for the identical Senate Bill Number 7323,
23 Third Reading Calendar 670.
24 ACTING PRESIDENT GRIFFO:
25 Substitution ordered.
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1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 670, by the Assembly Committee on Rules,
4 Assembly Print Number 10418, an act to provide
5 for the administration of certain funds and
6 accounts.
7 ACTING PRESIDENT GRIFFO: Senator
8 Skelos.
9 SENATOR SKELOS: Mr. President,
10 is there a message of necessity at the desk?
11 ACTING PRESIDENT GRIFFO: There
12 is, Senator Skelos.
13 SENATOR SKELOS: Move to accept
14 the message.
15 ACTING PRESIDENT GRIFFO: All in
16 favor of accepting the message of necessity
17 signify by saying aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT GRIFFO:
20 Opposed, nay.
21 (No response.)
22 ACTING PRESIDENT GRIFFO: The
23 message is accepted.
24 Read the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT GRIFFO: The
7 bill is passed.
8 Senator Skelos.
9 SENATOR SKELOS: Mr. President,
10 at this time if we could take up Calendar
11 Number 671, Senate 7324.
12 ACTING PRESIDENT GRIFFO: The
13 Secretary will read.
14 THE SECRETARY: In relation to
15 Calendar Number 671, Senator O. Johnson moves
16 to discharge, from the Committee on Finance,
17 Assembly Bill Number 10419 and substitute it
18 for the identical Senate Bill Number 7324,
19 Third Reading Calendar 671.
20 ACTING PRESIDENT GRIFFO:
21 Substitution ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 671, by the Assembly Committee on Rules,
25 Assembly Print Number 10419, an act making
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1 appropriations for the support of government.
2 ACTING PRESIDENT GRIFFO: Senator
3 Skelos.
4 SENATOR SKELOS: Is there a
5 message of necessity and appropriation at the
6 desk?
7 ACTING PRESIDENT GRIFFO: Yes,
8 Senator Skelos, there is.
9 SENATOR SKELOS: Move to accept.
10 ACTING PRESIDENT GRIFFO: All in
11 favor of accepting the message of necessity
12 and appropriation signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT GRIFFO:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT GRIFFO: The
18 message of necessity and appropriation is
19 accepted.
20 Read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT GRIFFO: The
3 bill is passed.
4 Senator Skelos.
5 SENATOR SKELOS: Mr. President,
6 if we could return to the order of motions and
7 resolutions and please recognize Senator
8 Little.
9 ACTING PRESIDENT GRIFFO: Motions
10 and resolutions.
11 Senator Little.
12 SENATOR LITTLE: Thank you,
13 Mr. President.
14 On page 26 I offer the following
15 amendments to Calendar Number 372, Senate
16 Print Number 6281B, and on behalf of Senator
17 Lanza ask that that said bill retain its place
18 on the Third Reading Calendar.
19 ACTING PRESIDENT GRIFFO: The
20 amendments are received and adopted, and the
21 bill will retain its place on the Third
22 Reading Calendar.
23 Senator Little.
24 SENATOR LITTLE: Thank you,
25 Mr. President.
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1 Also on behalf of Senator Lanza, I
2 wish to call up his bill Senate Print Number
3 7162, recalled from the Assembly, which is now
4 at the desk.
5 ACTING PRESIDENT GRIFFO: The
6 Secretary will read the title.
7 THE SECRETARY: Calendar Number
8 589, by Senator Lanza, Senate Print 7162, an
9 act to amend the Civil Service Law.
10 ACTING PRESIDENT GRIFFO: Senator
11 Little.
12 SENATOR LITTLE: Mr. President, I
13 now move to reconsider the vote by which this
14 bill was passed and ask that the bill be
15 restored to the order of third reading.
16 ACTING PRESIDENT GRIFFO: The
17 Secretary will call the roll on
18 reconsideration.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT GRIFFO: The
22 bill is restored to its place on the Third
23 Reading Calendar.
24 Senator Little.
25 SENATOR LITTLE: Mr. President, I
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1 now move to discharge, from the Committee on
2 Finance, Assembly Print Number 10270 and
3 substitute it for his identical bill.
4 The Senate bill on first passage
5 was voted unanimously, and I now move that the
6 substituted Assembly bill have its third
7 reading at this time.
8 ACTING PRESIDENT GRIFFO: So
9 ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 589, by Member of the Assembly Abbate,
13 Assembly Print Number 10270, an act to amend
14 the Civil Service Law.
15 ACTING PRESIDENT GRIFFO: Senator
16 Skelos.
17 SENATOR SKELOS: Mr. President,
18 is there a message of appropriation at the
19 desk?
20 ACTING PRESIDENT GRIFFO: Yes,
21 Senator Skelos, there is a message of
22 appropriation at the desk.
23 SENATOR SKELOS: Move to accept,
24 please.
25 ACTING PRESIDENT GRIFFO: All in
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1 favor of accepting the message of
2 appropriation signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT GRIFFO:
5 Opposed, nay.
6 (No response.)
7 ACTING PRESIDENT GRIFFO: The
8 message is accepted.
9 The Secretary will read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT GRIFFO: The
18 bill is passed.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President,
21 if we could stand at ease at this time.
22 ACTING PRESIDENT GRIFFO: The
23 Senate will stand at ease.
24 (Whereupon, the Senate stood at
25 ease at 7:43 p.m.)
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1 ACTING PRESIDENT GRIFFO: The
2 Senate will come to order.
3 Senator Skelos.
4 SENATOR SKELOS: Mr. President,
5 there will be an immediate meeting of the
6 Finance Committee in the Majority Conference
7 Room.
8 ACTING PRESIDENT GRIFFO: There
9 will be an immediate meeting of the Senate
10 Finance Committee in the Majority Conference
11 Room.
12 The Senate will continue to stand
13 at ease.
14 (Whereupon, the Senate reconvened
15 at 9:35 p.m.)
16 ACTING PRESIDENT GRIFFO: The
17 Senate will come to order.
18 Senator Skelos.
19 SENATOR SKELOS: Mr. President,
20 if we could return to reports of standing
21 committees for the report of the Finance
22 Committee.
23 ACTING PRESIDENT GRIFFO: Reports
24 of standing committees.
25 The Secretary will read the report
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1 of the Finance Committee.
2 THE SECRETARY: Senator O.
3 Johnson, from the Committee on Finance,
4 reports the following bill direct to third
5 reading:
6 Senate Print 6804D, an act making
7 appropriations for the support of government:
8 Health and Mental Hygiene Budget.
9 ACTING PRESIDENT GRIFFO: Without
10 objection, the bill is reported to third
11 reading.
12 Senator Skelos.
13 SENATOR SKELOS: Mr. President,
14 at this time if we could take up Calendar 678,
15 Senate Print 6804D.
16 ACTING PRESIDENT GRIFFO: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 678, Senate Budget Bill, Senate Print 6804D,
20 an act making appropriations for the support
21 of government: Health and Mental Hygiene
22 Budget.
23 ACTING PRESIDENT GRIFFO: Senator
24 Skelos.
25 SENATOR SKELOS: Mr. President,
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1 is there a message of necessity at the desk?
2 ACTING PRESIDENT GRIFFO: There
3 is a message of necessity at the desk.
4 SENATOR SKELOS: Move to accept,
5 please.
6 ACTING PRESIDENT GRIFFO: All in
7 favor of accepting the message of necessity
8 signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT GRIFFO:
11 Opposed, nay.
12 (No response.)
13 ACTING PRESIDENT GRIFFO: The
14 message is accepted.
15 Read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT GRIFFO: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT GRIFFO: The
23 bill is passed.
24 Senator Skelos.
25 SENATOR SKELOS: Mr. President,
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1 is there any further business at the desk?
2 ACTING PRESIDENT GRIFFO: There
3 is no further business at the desk.
4 SENATOR SKELOS: We'll be
5 adjourning at the call of the Majority Leader.
6 So for members of the Majority, as
7 of right now there will not be a conference at
8 10:30.
9 There being no further business to
10 come before the Senate, I move we stand
11 adjourned until Tuesday, the first of April,
12 at the call of the Majority Leader.
13 ACTING PRESIDENT GRIFFO: On
14 motion, the Senate stands adjourned, at the
15 call of the Majority Leader, until Tuesday,
16 April 1st.
17 (Whereupon, at 9:37 p.m., the
18 Senate adjourned.)
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