Regular Session - April 14, 2010
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 14, 2010
11 11:46 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR CRAIG JOHNSON, Acting President
19 ANGELO J. APONTE, 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 CRAIG JOHNSON:
3 The Senate will please come to order.
4 I ask everyone present to rise and
5 recite with me the Pledge of Allegiance to our
6 Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT CRAIG JOHNSON:
10 The invocation will be delivered by the
11 Reverend Peter G. Young, Mother Teresa
12 Community, Albany.
13 REVEREND YOUNG: Thank you,
14 Senator.
15 As we have just pledged allegiance
16 to the American Flag, we must recall that
17 New York State had the honor of being the
18 first to proudly display it as a symbol of our
19 freedom.
20 New Yorkers saw the christening of
21 the American Flag when the Stars and Stripes
22 were flown in battle at the defense of Fort
23 Stanwix, in Rome.
24 It is with great pride that we are
25 able here to serve as Senators in this
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1 patriotic tradition and as the elected leaders
2 to fulfill Your call, O God.
3 The leadership of all of these
4 citizens depends on our, quote, quality of
5 care for them. We pray that you will be
6 dedicated and commit yourselves to the call of
7 God to serve them.
8 Amen.
9 ACTING PRESIDENT CRAIG JOHNSON:
10 Thank you.
11 The reading of the Journal.
12 The Secretary will read.
13 THE SECRETARY: In Senate,
14 Tuesday, April 13, the Senate met pursuant to
15 adjournment. The Journal of Monday, April 12,
16 was read and approved. On motion, Senate
17 adjourned.
18 ACTING PRESIDENT CRAIG JOHNSON:
19 Without objection, the Journal stands approved
20 as read.
21 Presentation of petitions.
22 Messages from the Assembly.
23 Messages from the Governor.
24 Reports of standing committees.
25 Reports of select committees.
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1 Communications and reports from
2 state officers.
3 Motions and resolutions.
4 Senator Klein.
5 SENATOR KLEIN: Mr. President,
6 please place a sponsor's star on Calendar
7 Number 341.
8 ACTING PRESIDENT CRAIG JOHNSON:
9 So ordered.
10 Senator Klein.
11 SENATOR KLEIN: On behalf of
12 Senator Squadron, on page number 13 I offer
13 the following amendments to Calendar Number
14 133, Senate Print Number 6141A, and ask that
15 said bill retain its place on Third Reading
16 Calendar.
17 ACTING PRESIDENT CRAIG JOHNSON:
18 So ordered.
19 Senator Klein.
20 SENATOR KLEIN: Mr. President, I
21 believe there are substitutions at the desk.
22 I ask that you make the substitutions at this
23 time.
24 ACTING PRESIDENT CRAIG JOHNSON:
25 The Secretary will read the substitutions.
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1 THE SECRETARY: On page 22,
2 Senator LaValle moves to discharge, from the
3 Committee on Local Government, Assembly Bill
4 Number 3824 and substitute it for the
5 identical Senate Bill Number 2053, Third
6 Reading Calendar 326.
7 ACTING PRESIDENT CRAIG JOHNSON:
8 Substitution ordered.
9 THE SECRETARY: On page 22,
10 Senator Volker moves to discharge, from the
11 Committee on Codes, Assembly Bill Number 1069
12 and substitute it for the identical Senate
13 Bill Number 2721, Third Reading Calendar 328.
14 ACTING PRESIDENT CRAIG JOHNSON:
15 Substitution ordered.
16 THE SECRETARY: On page 23,
17 Senator Hassell-Thompson moves to discharge,
18 from the Committee on Crime Victims, Crime and
19 Correction, Assembly Bill Number 8613 and
20 substitute it for the identical Senate Bill
21 Number 5774, Third Reading Calendar 333.
22 ACTING PRESIDENT CRAIG JOHNSON:
23 Substitution ordered.
24 THE SECRETARY: And on page 24,
25 Senator Volker moves to discharge, from the
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1 Committee on Judiciary, Assembly Bill Number
2 9070 and substitute it for the identical
3 Senate Bill Number 7170, Third Reading
4 Calendar 344.
5 ACTING PRESIDENT CRAIG JOHNSON:
6 Substitution ordered.
7 Senator Klein.
8 SENATOR KLEIN: A little out of
9 order, Mr. President. I believe there's a
10 resolution at the desk by Senator Addabbo. I
11 ask that the title of the resolution be read
12 and move for its immediate adoption.
13 ACTING PRESIDENT CRAIG JOHNSON:
14 Senator Klein, has this resolution been deemed
15 privileged and submitted by the office of the
16 Temporary President?
17 SENATOR KLEIN: Yes, it has,
18 Mr. President.
19 ACTING PRESIDENT CRAIG JOHNSON:
20 The Secretary will read.
21 THE SECRETARY: By Senator
22 Addabbo, legislative resolution memorializing
23 Governor David A. Paterson to proclaim
24 April 17, 2010, as Jacob A. Riis Day in the
25 State of New York, world-renowned
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1 Danish-American journalist and social
2 documentary photographer.
3 ACTING PRESIDENT CRAIG JOHNSON:
4 Are there any Senators that wish to be heard
5 on the resolution?
6 The question is on the resolution.
7 All those in favor please signify by saying
8 aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT CRAIG JOHNSON:
11 Opposed, nay.
12 (No response.)
13 ACTING PRESIDENT CRAIG JOHNSON:
14 The resolution is adopted.
15 Senator Klein.
16 SENATOR KLEIN: Mr. President,
17 there will be an immediate meeting of the
18 Finance Committee, followed by an immediate
19 meeting of the Rules Committee in Room 124 of
20 the Capitol. I repeat, Room 124 of the
21 Capitol.
22 Pending the return of the Rules
23 Committee, can we please stand at ease.
24 ACTING PRESIDENT CRAIG JOHNSON:
25 There will be an immediate meeting of the
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1 Finance Committee, followed by an immediate
2 meeting of the Rules Committee in Room 124 of
3 the Capitol.
4 Pending the return of the Rules
5 Committee, the Senate will stand at ease.
6 (Whereupon, the Senate stood at
7 ease at 11:51 a.m.)
8 (Whereupon, the Senate reconvened
9 at 12:32 p.m.)
10 ACTING PRESIDENT CRAIG JOHNSON:
11 Senator Klein.
12 SENATOR KLEIN: Mr. President, I
13 believe there's a report of the Rules
14 Committee at the desk. I move that we adopt
15 the report at this time.
16 ACTING PRESIDENT CRAIG JOHNSON:
17 Senator Klein, there is a report of the Rules
18 Committee at the desk.
19 The Secretary will read.
20 THE SECRETARY: Senator Smith,
21 from the Committee on Rules, reports the
22 following bill direct to third reading:
23 Assembly Print 10238A, by Member of
24 the Assembly Towns, an act to amend Chapter
25 298 of the Laws of 1985, amending the Tax Law.
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1 ACTING PRESIDENT CRAIG JOHNSON:
2 All those in favor of adopting the Rules
3 Committee report please signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT CRAIG JOHNSON:
6 Opposed, nay.
7 (No response.)
8 ACTING PRESIDENT CRAIG JOHNSON:
9 The Rules Committee report is adopted.
10 Senator Klein.
11 SENATOR KLEIN: Mr. President, at
12 this time can we please go to a reading of the
13 calendar.
14 ACTING PRESIDENT CRAIG JOHNSON:
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 33, by Senator L. Krueger, Senate Print 4960B,
18 an act to amend the Election Law.
19 SENATOR KLEIN: Mr. President,
20 upon unanimous consent, I ask that the roll be
21 opened for the nine bills on the calendar so
22 that Senator Bonacic and Senator Diaz can vote
23 on each bill.
24 ACTING PRESIDENT CRAIG JOHNSON:
25 Without objection, Senator Klein.
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1 The Secretary will read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first of January
5 next succeeding.
6 ACTING PRESIDENT CRAIG JOHNSON:
7 Call the roll.
8 (The Secretary called the roll.)
9 SENATOR DIAZ: Si.
10 ACTING PRESIDENT CRAIG JOHNSON:
11 Senator Bonacic.
12 SENATOR BONACIC: Thank you,
13 Mr. President.
14 On Senator Krueger's bill, Senate
15 4960B, I'd like to be recorded in the
16 negative. On Senator Addabbo's bill --
17 ACTING PRESIDENT CRAIG JOHNSON:
18 Senator Bonacic, one second.
19 SENATOR LIBOUS: If you could
20 just -- we're opening the roll on Calendar
21 Number 33 only. If you could vote on that,
22 please.
23 SENATOR BONACIC: Okay. This is
24 a first for me. Okay?
25 ACTING PRESIDENT CRAIG JOHNSON:
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1 Thank you, Senator Bonacic.
2 SENATOR LIBOUS: It is for some
3 of us also.
4 ACTING PRESIDENT CRAIG JOHNSON:
5 Senator Bonacic will be recorded in the
6 negative.
7 Senator Diaz will be recorded in
8 the affirmative.
9 SENATOR LIBOUS: Lay the bill
10 aside.
11 ACTING PRESIDENT CRAIG JOHNSON:
12 The roll is withdrawn and the bill is laid
13 aside.
14 The Secretary will continue to
15 read.
16 THE SECRETARY: Calendar Number
17 65, by Member of the Assembly Galef, Assembly
18 Print Number 5276B, an act to amend the
19 Election Law.
20 ACTING PRESIDENT CRAIG JOHNSON:
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT CRAIG JOHNSON:
25 Call the roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT CRAIG JOHNSON:
3 Senator Bonacic.
4 SENATOR BONACIC: In the
5 negative.
6 ACTING PRESIDENT CRAIG JOHNSON:
7 Senator Bonacic will be recorded in the
8 negative.
9 Senator Diaz.
10 SENATOR DIAZ: Yes.
11 ACTING PRESIDENT CRAIG JOHNSON:
12 Senator Diaz will be recorded in the
13 affirmative.
14 SENATOR LIBOUS: Lay the bill
15 aside.
16 ACTING PRESIDENT CRAIG JOHNSON:
17 The roll is withdrawn, and the bill is laid
18 aside.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 66, by Member of the Assembly Kavanagh,
22 Assembly Print Number 4015A, an act to amend
23 the Election Law.
24 ACTING PRESIDENT CRAIG JOHNSON:
25 Read the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT CRAIG JOHNSON:
4 Call the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT CRAIG JOHNSON:
7 Senator Bonacic.
8 SENATOR BONACIC: In the
9 negative.
10 ACTING PRESIDENT CRAIG JOHNSON:
11 Senator Bonacic will be recorded in the
12 negative.
13 Senator Diaz.
14 SENATOR DIAZ: Yes.
15 ACTING PRESIDENT CRAIG JOHNSON:
16 Senator Diaz will be recorded in the
17 affirmative.
18 SENATOR LIBOUS: Lay the bill
19 aside.
20 ACTING PRESIDENT CRAIG JOHNSON:
21 The roll is withdrawn, and the bill is laid
22 aside.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 177, by Senator Stavisky, Senate Print 1736B,
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1 an act to amend the Education Law.
2 ACTING PRESIDENT CRAIG JOHNSON:
3 Read the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT CRAIG JOHNSON:
7 Call the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT CRAIG JOHNSON:
10 Senator Bonacic.
11 SENATOR BONACIC: In the
12 negative.
13 ACTING PRESIDENT CRAIG JOHNSON:
14 Senator Bonacic will be recorded in the
15 negative.
16 Senator Diaz.
17 SENATOR DIAZ: Yes.
18 ACTING PRESIDENT CRAIG JOHNSON:
19 Senator Diaz will be recorded in the
20 affirmative.
21 SENATOR LIBOUS: Mr. President.
22 ACTING PRESIDENT CRAIG JOHNSON:
23 Yes, Senator Libous.
24 SENATOR LIBOUS: If it's okay
25 with Senator Klein, on these three bills we
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1 could do the fast roll call and we don't have
2 to open the roll and then we'll keep moving
3 forward.
4 ACTING PRESIDENT CRAIG JOHNSON:
5 The roll is withdrawn and the bill is laid
6 aside.
7 The Secretary will continue to
8 read.
9 THE SECRETARY: Calendar Number
10 206, by Senator Bonacic, Senate Print 6039, an
11 act to amend the Tax Law.
12 ACTING PRESIDENT CRAIG JOHNSON:
13 Read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT CRAIG JOHNSON:
17 Call the roll.
18 (The Secretary called the roll.)
19 SENATOR BONACIC: Yes.
20 ACTING PRESIDENT CRAIG JOHNSON:
21 Senator Bonacic will be recorded in the
22 affirmative.
23 Senator Diaz.
24 SENATOR DIAZ: Yes.
25 ACTING PRESIDENT CRAIG JOHNSON:
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1 Senator Diaz will be recorded in the
2 affirmative.
3 The roll is withdrawn. The bill is
4 laid aside.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 236, by Senator Addabbo, Senate Print 6910, an
8 act to amend the Election Law.
9 ACTING PRESIDENT CRAIG JOHNSON:
10 Read the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 90th day.
13 ACTING PRESIDENT CRAIG JOHNSON:
14 Call the roll.
15 (The Secretary called the roll.)
16 SENATOR BONACIC: Yes.
17 ACTING PRESIDENT CRAIG JOHNSON:
18 Senator Bonacic will be recorded in the
19 affirmative.
20 Senator Diaz.
21 SENATOR DIAZ: Yes.
22 ACTING PRESIDENT CRAIG JOHNSON:
23 Senator Diaz will be recorded in the
24 affirmative.
25 The roll is withdrawn, and the bill
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1 is laid aside.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 268, by Member of the Assembly Dendekker,
5 Assembly Print Number 8530E, an act to amend
6 the Criminal Procedure Law.
7 ACTING PRESIDENT CRAIG JOHNSON:
8 Read the last section.
9 THE SECRETARY: Section 6. This
10 act shall take effect on the 60th day.
11 ACTING PRESIDENT CRAIG JOHNSON:
12 Call the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT CRAIG JOHNSON:
15 SENATOR BONACIC: In the
16 negative.
17 ACTING PRESIDENT CRAIG JOHNSON:
18 Senator Bonacic will be recorded in the
19 negative.
20 Senator Diaz.
21 SENATOR DIAZ: Yes.
22 ACTING PRESIDENT CRAIG JOHNSON:
23 Senator Diaz will be recorded in the
24 affirmative.
25 The roll is withdrawn, and the bill
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1 is laid aside.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 304, by Senator Addabbo, Senate Print 3252, an
5 act to amend the Election Law.
6 ACTING PRESIDENT CRAIG JOHNSON:
7 Read the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect on the first of January
10 next succeeding.
11 ACTING PRESIDENT CRAIG JOHNSON:
12 Call the roll.
13 (The Secretary called the roll.)
14 SENATOR BONACIC: Yes.
15 ACTING PRESIDENT CRAIG JOHNSON:
16 Senator Bonacic will be recorded in the
17 affirmative.
18 Senator Diaz.
19 SENATOR DIAZ: Yes.
20 ACTING PRESIDENT CRAIG JOHNSON:
21 Senator Diaz will be recorded in the
22 affirmative.
23 The roll is withdrawn. The bill is
24 laid aside.
25 The Secretary will read.
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1 THE SECRETARY: Calendar Number
2 328, substituted earlier today by Member of
3 the Assembly Destito, Assembly Print Number
4 1069, an act to amend the Penal Law.
5 ACTING PRESIDENT CRAIG JOHNSON:
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT CRAIG JOHNSON:
10 Call the roll.
11 (The Secretary called the roll.)
12 SENATOR BONACIC: Yes.
13 ACTING PRESIDENT CRAIG JOHNSON:
14 Senator Bonacic will be recorded in the
15 affirmative.
16 Senator Diaz.
17 SENATOR DIAZ: Yes.
18 ACTING PRESIDENT CRAIG JOHNSON:
19 Senator Diaz will be recorded in the
20 affirmative.
21 The roll is withdrawn. The bill is
22 laid aside.
23 We will now call a reading of the
24 supplemental calendar for the same purposes.
25 The Secretary will read.
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1 THE SECRETARY: Calendar Number
2 386, by Member of the Assembly Towns, Assembly
3 Print Number 10238A, an act to amend
4 Chapter 298 of the Laws of 1985, amending the
5 Tax Law.
6 ACTING PRESIDENT CRAIG JOHNSON:
7 Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT CRAIG JOHNSON:
11 Call the roll.
12 (The Secretary called the roll.)
13 SENATOR BONACIC: Yes.
14 ACTING PRESIDENT CRAIG JOHNSON:
15 Senator Bonacic will be recorded in the
16 affirmative.
17 Senator Diaz.
18 SENATOR DIAZ: Yes.
19 ACTING PRESIDENT CRAIG JOHNSON:
20 Senator Diaz will also be recorded in the
21 affirmative.
22 The roll is withdrawn. The bill is
23 laid aside.
24 We will now be moving to a reading
25 of the noncontroversial calendar in its
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1 entirety.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 33, by Senator L. Krueger, Senate Print 4960B,
5 an act to amend the Election Law.
6 ACTING PRESIDENT CRAIG JOHNSON:
7 Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect --
10 SENATOR LIBOUS: Lay it aside.
11 ACTING PRESIDENT CRAIG JOHNSON:
12 The bill is laid aside.
13 The Secretary will continue.
14 THE SECRETARY: Calendar Number
15 65, by Member of the Assembly Galef, Assembly
16 Print Number 5276B, an act to amend the
17 Election Law.
18 SENATOR LIBOUS: Lay it aside.
19 ACTING PRESIDENT CRAIG JOHNSON:
20 The bill is laid aside.
21 The Secretary will continue to
22 read.
23 THE SECRETARY: Calendar Number
24 66, by Member of the Assembly Kavanagh,
25 Assembly Print Number 4015A, an act to amend
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1 the Election Law.
2 SENATOR LIBOUS: Lay it aside.
3 ACTING PRESIDENT CRAIG JOHNSON:
4 The bill is laid aside.
5 The Secretary will continue to
6 read.
7 THE SECRETARY: Calendar Number
8 177, by Senator Stavisky, Senate Print 1736B,
9 an act to amend the Education Law.
10 ACTING PRESIDENT CRAIG JOHNSON:
11 Read the last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 ACTING PRESIDENT CRAIG JOHNSON:
15 Call the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT CRAIG JOHNSON:
18 Announce the results.
19 THE SECRETARY: Those recorded in
20 the negative on Calendar Number 177 are
21 Senators Alesi, Bonacic, DeFrancisco, Farley,
22 Flanagan, Fuschillo, Griffo, Hannon,
23 O. Johnson, Lanza, Larkin, LaValle, Leibell,
24 Libous, Little, Marcellino, McDonald,
25 Nozzolio, Padavan, Ranzenhofer, Saland,
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1 Seward, Skelos, Volker, Winner and Young.
2 Ayes, 36. Nays, 26.
3 ACTING PRESIDENT CRAIG JOHNSON:
4 The bill is passed.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 206, by Senator Bonacic, Senate Print 6039, an
8 act to amend the Tax Law.
9 ACTING PRESIDENT CRAIG JOHNSON:
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT CRAIG JOHNSON:
14 Call the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT CRAIG JOHNSON:
17 Announce the results.
18 THE SECRETARY: Ayes, 62. Nays,
19 0.
20 ACTING PRESIDENT CRAIG JOHNSON:
21 The bill is passed.
22 The Secretary will continue to
23 read.
24 THE SECRETARY: Calendar Number
25 236, by Senator Addabbo, Senate Print 6910, an
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1 act to amend the Election Law.
2 ACTING PRESIDENT CRAIG JOHNSON:
3 Read the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the 90th day.
6 ACTING PRESIDENT CRAIG JOHNSON:
7 Call the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT CRAIG JOHNSON:
10 Announce the results.
11 THE SECRETARY: Ayes, 62. Nays,
12 0.
13 ACTING PRESIDENT CRAIG JOHNSON:
14 The bill is passed.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 268, by Member of the Assembly Dendekker,
18 Assembly Print Number 8530E, an act to amend
19 the Criminal Procedure Law.
20 ACTING PRESIDENT CRAIG JOHNSON:
21 Read the last section.
22 THE SECRETARY: Section 6. This
23 act shall take effect on the 60th day.
24 ACTING PRESIDENT CRAIG JOHNSON:
25 Call the roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT CRAIG JOHNSON:
3 Can the Senators who are voting in the
4 negative please raise your hands so that your
5 vote can be counted? Thank you.
6 Announce the results, please.
7 THE SECRETARY: Those recorded in
8 the negative on Calendar Number 268 are
9 Senators Bonacic, DeFrancisco, Farley,
10 Flanagan, Fuschillo, Golden, Griffo, Hannon,
11 O. Johnson, Larkin, LaValle, Leibell, Libous,
12 Marcellino, Maziarz, McDonald, Morahan,
13 Nozzolio, Seward and Skelos. Also Senator
14 Ranzenhofer. Also Senator Volker. Also
15 Senator Saland. And also Senator Young. Also
16 Senator Little. Also Senator Winner.
17 ACTING PRESIDENT CRAIG JOHNSON:
18 Announce the results, please.
19 THE SECRETARY: Ayes, 36. Nays,
20 26.
21 ACTING PRESIDENT CRAIG JOHNSON:
22 The bill is passed.
23 The Journal Clerk is requesting
24 that when members are voting in the negative
25 to please keep your hands up long enough so
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1 they can count you accurately and report the
2 results accurately. Thank you.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 304, by Senator Addabbo, Senate Print 3252, an
6 act to amend the Election Law.
7 ACTING PRESIDENT CRAIG JOHNSON:
8 Read the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the first of January
11 next succeeding.
12 ACTING PRESIDENT CRAIG JOHNSON:
13 Call the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT CRAIG JOHNSON:
16 Announce the results.
17 THE SECRETARY: Ayes, 62. Nays,
18 0.
19 ACTING PRESIDENT CRAIG JOHNSON:
20 The bill is passed.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 328, by Member of the Assembly Destito,
24 substituted earlier today, Assembly Print
25 Number 1069, an act to amend the Penal Law.
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1 ACTING PRESIDENT CRAIG JOHNSON:
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT CRAIG JOHNSON:
6 Call the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT CRAIG JOHNSON:
9 Senator Seward, to explain his vote.
10 SENATOR SEWARD: Yes, thank you,
11 Mr. President.
12 This legislation -- which would
13 include firearms silencers within the current
14 exemption that exists for activities such as
15 manufacture and repair of certain firearms
16 which are otherwise prohibited in New York
17 State -- is very, very important to my
18 district.
19 I'm very proud to be the home of
20 Remington Arms, in Ilion, Herkimer County. We
21 have a number of representatives of the union
22 with us today that represent the workers at
23 that plant.
24 There are close to 1,000 jobs at
25 that plant, and we hope to have more. And the
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1 passage of this legislation will help us in
2 that effort.
3 So I appreciate the leadership of
4 Senator Volker, the prime sponsor of the bill.
5 I'm proud to be a cosponsor, along with
6 Senator Griffo. And I appreciate the support
7 of my colleagues for this important
8 legislation. It's a jobs bill, and we're very
9 pleased to see its passage.
10 ACTING PRESIDENT CRAIG JOHNSON:
11 Thank you very much, Senator Seward.
12 Announce the results.
13 THE SECRETARY: Ayes, 62. Nays,
14 0.
15 ACTING PRESIDENT CRAIG JOHNSON:
16 The bill is passed.
17 Senator Klein, that completes the
18 reading of the noncontroversial calendar.
19 Senator Klein.
20 SENATOR KLEIN: Mr. President, at
21 this time can we please go to a reading of the
22 controversial calendar.
23 ACTING PRESIDENT CRAIG JOHNSON:
24 The Secretary will ring the bell. Members are
25 all asked to come to the chamber for the
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1 controversial reading of the calendar.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 33, by Senator L. Krueger, Senate Print 4960B,
5 an act to amend the Election Law.
6 SENATOR LIBOUS: Explanation.
7 ACTING PRESIDENT CRAIG JOHNSON:
8 Senator Krueger, an explanation has been
9 requested by Senator Libous.
10 SENATOR LIZ KRUEGER: Thank you
11 very much, Senator Libous.
12 This legislation allows voters to
13 request an absentee ballot application by fax.
14 It will substantially improve the absentee
15 ballot process by reducing the time it takes
16 voters to get the application for their
17 absentee ballot, while making it easier for
18 them, those who are out of town or abroad,
19 including military personnel, to return their
20 absentee ballots in a timely fashion and be
21 counted.
22 This will enable more eligible
23 voters to cast a ballot on Election Day. We
24 estimate that thousands more voters will have
25 received their absentee ballots on time,
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1 particularly personnel who are involved with
2 the military or associated organizations out
3 of the country who already are being delayed
4 in their ability to get their ballots back on
5 time.
6 And we believe that really nothing
7 is more important than making sure that every
8 registered, legal voter has the ability to
9 vote in our elections here in New York State
10 if they have no ability to get to the polls on
11 Voting Day.
12 ACTING PRESIDENT CRAIG JOHNSON:
13 Are there any Senators wishing to be heard on
14 the bill?
15 Hearing none, the debate is closed.
16 The Secretary will please ring the bells.
17 Read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the first of January
20 next succeeding.
21 ACTING PRESIDENT CRAIG JOHNSON:
22 Call the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT CRAIG JOHNSON:
25 Announce the results.
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1 THE SECRETARY: Those recorded in
2 the negative on Calendar Number 33 are
3 Senators Alesi, Bonacic, Farley, Flanagan,
4 Fuschillo, Golden, Griffo, Hannon, Lanza,
5 Larkin, LaValle, Leibell, Marcellino, Maziarz,
6 Nozzolio, Ranzenhofer, Robach, Saland, Seward,
7 Skelos, Volker and Young.
8 Ayes, 40. Nays, 22.
9 ACTING PRESIDENT CRAIG JOHNSON:
10 The bill is passed.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 65, by Member of the Assembly Galef, Assembly
14 Print Number 5276B, an act to amend the
15 Election Law.
16 SENATOR LIBOUS: Read the last
17 section.
18 SENATOR MAZIARZ: Read the last
19 section.
20 ACTING PRESIDENT CRAIG JOHNSON:
21 The Secretary will ring the bell.
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT CRAIG JOHNSON:
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1 Call the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT CRAIG JOHNSON:
4 Announce the results.
5 THE SECRETARY: Those recorded in
6 the negative on Calendar Number 65 are
7 Senators Alesi, Bonacic, DeFrancisco, Farley,
8 Flanagan, Golden, Griffo, Hannon, O. Johnson,
9 Lanza, Larkin, LaValle, Leibell, Libous,
10 Marcellino, Maziarz, McDonald, Nozzolio,
11 Padavan, Ranzenhofer, Robach, Saland, Seward,
12 Skelos, Volker, Winner and Young.
13 Ayes, 35. Nays, 27.
14 ACTING PRESIDENT CRAIG JOHNSON:
15 The bill is passed.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 66, by Member of the Assembly Kavanagh,
19 Assembly Print Number 4015A, an act to amend
20 the Election Law.
21 ACTING PRESIDENT CRAIG JOHNSON:
22 Senator Fuschillo.
23 SENATOR FUSCHILLO: Mr.
24 President, will the sponsor yield for a quick
25 question?
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1 ACTING PRESIDENT CRAIG JOHNSON:
2 Senator Klein, will you yield for a question
3 from Senator Fuschillo?
4 SENATOR KLEIN: Yes,
5 Mr. President.
6 ACTING PRESIDENT CRAIG JOHNSON:
7 Thank you.
8 Senator Fuschillo.
9 SENATOR FUSCHILLO: Senator
10 Klein, just a quick question. On page number
11 2 of the bill --
12 SENATOR KLEIN: I'm sorry,
13 Mr. President, I'm having a hard time hearing
14 Senator Fuschillo.
15 ACTING PRESIDENT CRAIG JOHNSON:
16 Will there please be some order in the
17 chamber.
18 Senator Fuschillo.
19 SENATOR FUSCHILLO: Senator
20 Klein, I just have a quick question.
21 On page number 2 of the bill, it
22 states here: "If a voter has cast a ballot in
23 an affidavit ballot envelope on which such
24 voter claims a party enrollment different from
25 the enrollment in the records in the Board of
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1 Elections, such affidavit shall be treated as
2 an application for a change of enrollment."
3 Would that take effect immediately?
4 And also, would that person's vote count
5 immediately?
6 SENATOR KLEIN: It doesn't change
7 the deadline, and it just gives the person the
8 opportunity to change their party affiliation
9 for the next election.
10 SENATOR FUSCHILLO: Changes it
11 for the next election?
12 SENATOR KLEIN: That's correct.
13 SENATOR FUSCHILLO: Would the
14 sponsor yield for another question?
15 ACTING PRESIDENT CRAIG JOHNSON:
16 Senator Klein, will you continue to yield?
17 SENATOR KLEIN: Yes,
18 Mr. President.
19 Senator Fuschillo.
20 SENATOR FUSCHILLO: So if they're
21 a Democrat and they change to a Republican at
22 that moment, that would serve as an
23 application and as a ballot to vote?
24 SENATOR KLEIN: Well, let me just
25 back up and describe what the bill does.
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1 We all know there's affidavit
2 ballots. In many cases someone shows up at
3 their correct polling place, the inspectors
4 can't find them in the book, so they give them
5 the affidavit ballot. And at the end of the
6 day, that person never knows whether their
7 vote was counted or whether or not they're
8 truly registered to vote, so of course as
9 somebody to continuously go back and not find
10 themselves in the book.
11 This would allow us to put on the
12 back of an affidavit ballot a voter
13 registration form. So when they fill out
14 their affidavit ballot and they register, it's
15 submitted. And of course it's not counted for
16 that election if they're not registered, but
17 the registration would take place and qualify
18 for the next election.
19 And they also would have the
20 ability to also change their enrollment --
21 again, for the next election. Not for the
22 election that they wouldn't be registered for.
23 SENATOR FUSCHILLO: Through you,
24 Mr. President, that was going to be my next
25 question.
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1 Thank you, Senator Klein.
2 ACTING PRESIDENT CRAIG JOHNSON:
3 Thank you.
4 Senator Hannon, why do you rise?
5 SENATOR HANNON: I have a
6 question.
7 ACTING PRESIDENT CRAIG JOHNSON:
8 Senator Klein, will you yield to Senator
9 Hannon for a question?
10 SENATOR KLEIN: Yes,
11 Mr. President.
12 ACTING PRESIDENT CRAIG JOHNSON:
13 Thank you.
14 Senator Hannon.
15 SENATOR HANNON: Just -- I want
16 to get the sequence. The enrollment change
17 doesn't take effect until after the next
18 election?
19 SENATOR KLEIN: That's correct,
20 Mr. President.
21 SENATOR HANNON: Thank you.
22 ACTING PRESIDENT CRAIG JOHNSON:
23 Any other Senators wishing to be heard?
24 Hearing none, debate is closed.
25 The Secretary will ring the bells.
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1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT CRAIG JOHNSON:
5 Call the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT CRAIG JOHNSON:
8 Announce the results.
9 THE SECRETARY: Those recorded in
10 the negative on Calendar Number 66 are
11 Senators Bonacic, DeFrancisco, Farley,
12 Flanagan, Golden, O. Johnson, Larkin, LaValle,
13 Leibell, Libous, Marcellino, Maziarz,
14 McDonald, Nozzolio, Ranzenhofer, Seward,
15 Skelos and Volker. Also Senator Young. Also
16 Senator Alesi.
17 Ayes, 42. Nays, 20.
18 ACTING PRESIDENT CRAIG JOHNSON:
19 The bill is passed.
20 Senator Klein, that completes the
21 controversial reading of the calendar.
22 Senator Klein.
23 SENATOR KLEIN: Mr. President, at
24 this time can we go to a reading of the
25 supplemental calendar.
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1 ACTING PRESIDENT CRAIG JOHNSON:
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 386, by Member of the Assembly Towns, Assembly
5 Print Number 10238A, an act to amend
6 Chapter 298 of the Laws of 1985, amending the
7 Tax Law.
8 ACTING PRESIDENT CRAIG JOHNSON:
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT CRAIG JOHNSON:
13 Call the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT CRAIG JOHNSON:
16 Announce the results.
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT CRAIG JOHNSON:
19 The bill is passed.
20 Senator Klein, that completes the
21 reading of the noncontroversial supplemental
22 calendar.
23 Senator Klein.
24 SENATOR KLEIN: Mr. President, at
25 this time can we go back to motions and
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1 resolutions.
2 First, there's a resolution at the
3 desk by Senator Hassell-Thompson. I ask that
4 the title of the resolution be read and move
5 for its immediate adoption.
6 And then Senator Libous has some
7 housekeeping motions.
8 ACTING PRESIDENT CRAIG JOHNSON:
9 Returning to the order of motions and
10 resolutions.
11 Senator Klein, has this resolution
12 been deemed privileged and submitted by the
13 office of the Temporary President?
14 SENATOR KLEIN: Yes, it has,
15 Mr. President.
16 ACTING PRESIDENT CRAIG JOHNSON:
17 The Secretary will read.
18 THE SECRETARY: By Senator
19 Hassell-Thompson, legislative resolution
20 commemorating the 51st Anniversary of the
21 Westchester Alumnae Chapter of Delta Sigma
22 Theta Sorority, Inc.
23 ACTING PRESIDENT CRAIG JOHNSON:
24 Senator Hassell-Thompson.
25 SENATOR HASSELL-THOMPSON: Thank
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1 you, Mr. President. Just a moment I would
2 like to thank all of my colleagues for their
3 support for this legislation.
4 The Delta Sigma Theta is a
5 sorority, as you have heard, of long standing.
6 And the thing that makes them valuable is the
7 volunteerism that they give to a range of
8 services within our communities. They have
9 been so participatory, most recently in the
10 census count and making sure that they go out
11 and be a part of the volunteer effort to
12 ensure that the count is accurate and
13 significantly higher than it was in 2000.
14 And they have also worked with our
15 schools in terms of support services for our
16 young people in each of our efforts to
17 continue to put the education dollars
18 necessary into our budgets. As this ability
19 to do so dwindles, their activities have
20 increased in terms of after-school programs,
21 tutorial programs, and the like.
22 They work with young women who are
23 at risk of being incarcerated and a variety of
24 other activities too many to name.
25 The important thing is that in
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1 recognition of this monumental anniversary, I
2 felt that it would be appropriate for us to
3 put forth this resolution to congratulate them
4 for their many years of service to this
5 country -- because it is a national movement,
6 and across this country they continue to do
7 good works.
8 Thank you, Mr. President, for the
9 opportunity.
10 ACTING PRESIDENT CRAIG JOHNSON:
11 Thank you very much, Senator Hassell-Thompson.
12 Are there any other Senators that
13 wish to be heard on the resolution?
14 Senator Montgomery.
15 SENATOR MONTGOMERY: Yes, thank
16 you, Mr. President.
17 I rise to thank my colleague
18 Senator Hassell-Thompson for introducing this
19 resolution.
20 And I just want to make note that
21 this is a sorority of women, African-American
22 primarily, who represent the most highly
23 recognized, educated, and professional women
24 of color in our nation.
25 And they were founded in
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1 January 1913. Their first act as an
2 organization of Delta Sigma Theta women in the
3 city of Washington, D.C., was to participate
4 in the women's suffrage march. They have
5 certainly not stopped there.
6 It is a group of women that I'm
7 very familiar with. Even though we're just
8 celebrating the Westchester County chapter,
9 they really have chapters all over this
10 nation, and women who really have stepped up
11 and used their positions in America to help
12 advance the status of young people, especially
13 young women, in our nation.
14 And, Mr. President, unfortunately,
15 it is not the sorority of choice for me,
16 because I'm an Alpha Kappa Alpha woman.
17 (Laughter.)
18 SENATOR MONTGOMERY: However, I
19 cannot, I cannot say enough about the fact
20 that having my own experience as a soror, it
21 is so important and I'm so proud that I can
22 stand here and acknowledge this particular
23 group. I'm almost wearing their color today.
24 Didn't intend to, because I usually wear pink
25 and green.
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1 However, today I commend and
2 celebrate the women, the sorors of the Delta
3 Sigma Theta Sorority.
4 Thank you, Mr. President.
5 ACTING PRESIDENT CRAIG JOHNSON:
6 Thank you very much, Senator Montgomery.
7 Senator Parker, on the resolution.
8 SENATOR PARKER: Thank you very
9 much, Mr. President. On the resolution.
10 I'm actually rising to add my voice
11 to those who are congratulating Delta Sigma
12 Theta Sorority. These women of distinction
13 have made a significant contribution not just
14 to New York State, but to this nation and
15 particularly to almost all of our communities.
16 There are many, many women who you
17 know of and have added, you know, to the
18 greatness of this state and the greatness of
19 this country and have really fought
20 particularly for progressive causes around
21 women, around African-Americans, around issues
22 of poverty. And really, we can't really say
23 enough about the service they have provided to
24 our communities.
25 And in particular I want to mention
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1 one member of the sorority, former
2 Congresswoman Shirley Chisholm, who comes from
3 Brooklyn and who herself was a proud member of
4 the sorority.
5 We have members in the State
6 Legislature like Annette Robinson, also from
7 Brooklyn, who is a member of Delta Sigma
8 Theta. Many of the women who serve in our
9 communities in many capacities are alumnae,
10 including the clerk to the Senate, Lisa
11 Copeland, former city clerk to the City of
12 Mt. Vernon, also a member of Delta Sigma
13 Theta. And, you know, members of our staff.
14 This sorority has done a great deal
15 to prepare young women to be leaders in our
16 nation. And we have examples all around us.
17 And so to that, we want to just thank them and
18 give them all the encouragement to continue to
19 work on behalf of our communities.
20 Thank you, Mr. President.
21 ACTING PRESIDENT CRAIG JOHNSON:
22 Thank you very much, Senator Parker.
23 Any other Senators wishing to be
24 heard on the resolution?
25 The question is on the resolution.
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1 All those in favor please signify by saying
2 aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT CRAIG JOHNSON:
5 Opposed, nay.
6 (No response.)
7 ACTING PRESIDENT CRAIG JOHNSON:
8 The resolution is adopted.
9 Senator Klein.
10 SENATOR KLEIN: Mr. President,
11 can you please recognize Senator Libous.
12 ACTING PRESIDENT CRAIG JOHNSON:
13 Senator Libous.
14 SENATOR LIBOUS: Thank you,
15 Mr. President. Do you recognize me?
16 ACTING PRESIDENT CRAIG JOHNSON:
17 I do recognize you, Senator.
18 SENATOR LIBOUS: Thank you, sir.
19 On behalf of Senator Volker, who's
20 right here, I move that the following bill be
21 discharged from its respective committee and
22 be recommitted with instructions to strike the
23 enacting clause. And that would be Senate
24 Print 3039A.
25 ACTING PRESIDENT CRAIG JOHNSON:
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1 So ordered, Senator Libous.
2 SENATOR LIBOUS: Thank you.
3 And, Mr. President, there will be a
4 Republican conference at 2:00 p.m.
5 ACTING PRESIDENT CRAIG JOHNSON:
6 There will be a Republican conference at
7 2:00 p.m. in the Republican --
8 SENATOR LIBOUS: -- Conference
9 Room.
10 ACTING PRESIDENT CRAIG JOHNSON:
11 -- Republican Conference Room.
12 Senator Klein.
13 SENATOR KLEIN: Mr. President,
14 can you please recognize Senator Ruth
15 Hassell-Thompson for an announcement about the
16 Democratic conference.
17 ACTING PRESIDENT CRAIG JOHNSON:
18 Senator Hassell-Thompson.
19 SENATOR HASSELL-THOMPSON: Thank
20 you, Mr. President.
21 I would like to announce at 1:30
22 there will be a meeting of the Majority in the
23 Majority Conference Room in 332.
24 ACTING PRESIDENT CRAIG JOHNSON:
25 There will be a meeting of the Majority
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1 Conference in the Majority Conference Room,
2 Room 332, at 1:30.
3 Senator Klein.
4 SENATOR KLEIN: In the meantime,
5 Mr. President, can we please stand at ease.
6 ACTING PRESIDENT CRAIG JOHNSON:
7 The Senate will stand at ease.
8 (Whereupon, the Senate stood at
9 ease at 1:22 p.m.)
10 (Whereupon, the Senate reconvened
11 at 2:42 p.m.)
12 ACTING PRESIDENT PARKER: Senator
13 Adams.
14 SENATOR ADAMS: Yes,
15 Mr. President. I move that we adjourn at the
16 call of the Temporary President, intervening
17 days being legislative days.
18 ACTING PRESIDENT PARKER: On
19 motion, the Senate stands adjourned at the
20 call of the Temporary President, intervening
21 days being legislative days.
22 (Whereupon, at 2:43 p.m., the
23 Senate adjourned.)
24
25
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