Wednesday, March 15, 2006

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 20 21 22 23 24 25

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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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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(518) 371-8910 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.) 20 21 22 23 24 25

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(518) 371-8910