Wednesday, May 10, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 10, 2006 11 11:08 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 ACTING PRESIDENT MORAHAN: The 3 Senate will come to order. 4 I ask everyone present to please 5 rise and recite with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT MORAHAN: In the 10 absence of clergy, I ask that we bow our heads 11 for a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT MORAHAN: 15 Reading of the Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, May 9, the Senate met pursuant to 18 adjournment. The Journal of Monday, May 8, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT MORAHAN: 22 Without objection, the Journal stands approved 23 as 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 Winner. 8 SENATOR WINNER: Thank you, 9 Mr. President. 10 On behalf of Senator Alesi, on page 11 number 44 I offer the following amendments to 12 Calendar Number 760, Senate Print Number 7001, 13 and ask that the bill retain its place on the 14 Third Reading Calendar. 15 ACTING PRESIDENT MORAHAN: The 16 amendments are received, and the bill will 17 retain its place on the Third Reading 18 Calendar. 19 SENATOR WINNER: Thank you, 20 Mr. President. 21 On behalf of Senator Nozzolio, on 22 page 22 I offer the following amendments to 23 Calendar Number 244, Senate Print Number 24 6471B, and ask that the bill retain its place 25 on the Third Reading Calendar.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: The 2 amendments are received, and the bill will 3 retain its place on the Third Reading 4 Calendar. 5 Senator Little. 6 SENATOR LITTLE: Thank you, 7 Mr. President. 8 On behalf of myself, on page number 9 50 I offer the following amendments to 10 Calendar Number 846, Senate Print Number 11 1183A, and ask that said bill retain its place 12 on the Third Reading Calendar. 13 ACTING PRESIDENT MORAHAN: The 14 amendments are received, and the bill will 15 remain in its place on the Third Reading 16 Calendar. 17 Senator Bruno. 18 SENATOR BRUNO: Mr. President, 19 are there substitutions at the desk to be 20 made? 21 ACTING PRESIDENT MORAHAN: Yes, 22 there are, Senator. 23 SENATOR BRUNO: Then may I ask 24 that they be made at this time. 25 ACTING PRESIDENT MORAHAN: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: On page 55, 3 Senator Balboni moves to discharge, from the 4 Committee on Codes, Assembly Bill Number 9755 5 and substitute it for the identical Senate 6 Bill Number 7212, Third Reading Calendar 910. 7 ACTING PRESIDENT MORAHAN: The 8 substitution is ordered. 9 Senator Bruno. 10 SENATOR BRUNO: Mr. President and 11 colleagues, with your permission I would just 12 like to acknowledge two schools that are 13 represented here that are really outstanding 14 schools, one of them from Senator Betty 15 Little, our great Senator, from Glens Falls, 16 which is St. Mary's Academy, up on the right. 17 And that happens to be my alma mater, and 18 Betty's alma mater. 19 And there they are, young 20 outstanding citizens. 21 (Applause.) 22 ACTING PRESIDENT MORAHAN: 23 Welcome to our Senate chamber, and we hope 24 that you have a very interesting and 25 productive day and a little fun while you're

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(518) 371-8910 1 at it. 2 Thank you. 3 SENATOR BRUNO: And, 4 Mr. President, next to them is another 5 outstanding school in the Capital Region, 6 Doane Stuart. 7 And they are visiting the Capitol, 8 some of them for the very first time, and we 9 welcome them here to the Senate chamber. 10 ACTING PRESIDENT MORAHAN: We 11 welcome you to the Senate chamber. We hope 12 you too have a productive and joyful day and 13 some fun while you visit our Capitol and see 14 your State Legislature in action. 15 (Applause.) 16 SENATOR BRUNO: And Senator 17 Breslin acknowledges and adds his welcome to 18 those of you that are constituents out of 19 Albany County. 20 So we're glad that you're all here 21 and participating in this session. Which, 22 with the efficiency of the Senate, will be a 23 very short session, but very effective. 24 (Laughter.) 25 SENATOR BRUNO: And,

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(518) 371-8910 1 Mr. President, I believe that there is a 2 resolution at the desk by the esteemed Senator 3 Robach that has been previously adopted. I 4 would ask that it now be read and recognize 5 Senator Robach. 6 ACTING PRESIDENT MORAHAN: The 7 Secretary will read. 8 THE SECRETARY: By Senator 9 Robach, Legislative Resolution Number 4199, 10 memorializing Governor George E. Pataki to 11 declare May 2006 as "Hepatitis C Awareness 12 Month" in the State of New York. 13 ACTING PRESIDENT MORAHAN: 14 Senator Robach. 15 SENATOR ROBACH: Yes, 16 Mr. President. Thank you. 17 I am very happy to promote this 18 resolution, along with the cosponsorship of 19 many of my colleagues. Anything we can do to 20 not only support those people who work in the 21 field, the advocates, but also bring as much 22 attention as we can to this, is very, very 23 important. 24 When you look at the statistics of 25 this growing viral infection, it is a little

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(518) 371-8910 1 bit staggering of what's happening here in 2 New York, already approaching 158,000 3 New Yorkers affected by this. And when you 4 look out into the outyears, by 2010 what could 5 be projected will be pretty scary. 6 We spend a lot of time in this 7 chamber on policies and resources that can 8 make people healthier. I think it's very, 9 very important that we're doing this 10 resolution but also, even more importantly, 11 that we are working with everyone in the field 12 to try and diminish this or make it as 13 tolerable as possible for all of our mutual 14 constituency. 15 And I am very glad today -- I don't 16 know if every one of them are here, but in the 17 gallery, and if you want to stand when I call 18 your name, we have a number of advocates and 19 people that work in the field: Patricia 20 VanReenen, Lillian VanReenen, Monica Rickert, 21 Shari Newman-Foster, Matthew Ricker, Jason 22 Foster, Colleen Cain -- I don't see 23 Dr. Valenti, but if he's here we'll say his 24 name; very active -- Edward Pierce and Martha 25 Auster.

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(518) 371-8910 1 And so for them and all the people 2 who work in the field, advocate on a daily 3 basis, we are happy to join them here in this 4 chamber today and do all we can to combat 5 hepatitis C here in New York State. 6 Thank you for your advocation. 7 Thank you, Mr. President. 8 ACTING PRESIDENT MORAHAN: We 9 welcome the advocates here today. Thank you 10 for attending. 11 Resolution 4199 was previously 12 adopted on March 28th. Thank you. 13 (Applause.) 14 ACTING PRESIDENT MORAHAN: 15 Senator Bruno. 16 SENATOR BRUNO: Mr. President, 17 can we at this time have the noncontroversial 18 reading of the calendar. 19 ACTING PRESIDENT MORAHAN: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 62, by Senator Young, Senate Print 5685A, an 23 act to amend the Penal Law. 24 ACTING PRESIDENT MORAHAN: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 4. This 2 act shall take effect on the first of 3 November. 4 ACTING PRESIDENT MORAHAN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT MORAHAN: 8 Announce the results. 9 THE SECRETARY: Ayes, 48. 10 ACTING PRESIDENT MORAHAN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 595, by Senator Farley, Senate Print 6396A, an 14 act to amend the Public Officers Law. 15 ACTING PRESIDENT MORAHAN: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MORAHAN: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT MORAHAN: 23 Announce the results. 24 THE SECRETARY: Ayes, 48. 25 ACTING PRESIDENT MORAHAN: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 770, by Senator Alesi, Senate Print 5543B, an 4 act to amend the Correction Law. 5 ACTING PRESIDENT MORAHAN: Read 6 the last section. 7 THE SECRETARY: Section 6. This 8 act shall take effect on the 60th day. 9 ACTING PRESIDENT MORAHAN: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT MORAHAN: 13 Announce the results. 14 THE SECRETARY: Ayes, 48. 15 ACTING PRESIDENT MORAHAN: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 780, by Senator Winner, Senate Print 2749, an 19 act to amend the General Municipal Law. 20 ACTING PRESIDENT MORAHAN: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the first of July 24 next succeeding. 25 ACTING PRESIDENT MORAHAN: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT MORAHAN: 4 Announce the results. 5 THE SECRETARY: Ayes, 48. 6 ACTING PRESIDENT MORAHAN: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 787, by Senator Marcellino, Senate Print 6739, 10 an act to authorize. 11 ACTING PRESIDENT MORAHAN: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MORAHAN: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT MORAHAN: 19 Announce the results. 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 787 are 22 Senators Bonacic and Larkin. 23 Ayes, 48. Nays, 2. 24 ACTING PRESIDENT MORAHAN: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 789, by Senator LaValle, Senate Print 6921, an 3 act to authorize. 4 ACTING PRESIDENT MORAHAN: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MORAHAN: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT MORAHAN: 12 Announce the results. 13 THE SECRETARY: Ayes, 48. Nays, 14 2. Senators Bonacic and Larkin recorded in 15 the negative. 16 ACTING PRESIDENT MORAHAN: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 831, by Senator DeFrancisco, Senate Print 20 7012, an act to amend the Real Property Law 21 and others. 22 ACTING PRESIDENT MORAHAN: Read 23 the last section. 24 THE SECRETARY: Section 21. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT MORAHAN: 5 Announce the results. 6 THE SECRETARY: Ayes, 50. 7 ACTING PRESIDENT MORAHAN: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 892, by Senator Padavan, Senate Print 2174, an 11 act to amend the Criminal Procedure Law. 12 ACTING PRESIDENT MORAHAN: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MORAHAN: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT MORAHAN: 20 Announce the results. 21 THE SECRETARY: Ayes, 50. 22 ACTING PRESIDENT MORAHAN: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 904, by Senator Wright, Senate Print 6715A, an

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(518) 371-8910 1 act to amend the Criminal Procedure Law. 2 ACTING PRESIDENT MORAHAN: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MORAHAN: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT MORAHAN: 10 Announce the results. 11 THE SECRETARY: Ayes, 50. 12 ACTING PRESIDENT MORAHAN: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 907, by Senator Volker, Senate Print 7074, an 16 act to amend the Penal Law. 17 ACTING PRESIDENT MORAHAN: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the first of 21 November. 22 ACTING PRESIDENT MORAHAN: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT MORAHAN:

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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Ayes, 49. Nays, 3 1. Senator Duane recorded in the negative. 4 ACTING PRESIDENT MORAHAN: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 910, substituted earlier today by Member of 8 the Assembly Ortiz, Assembly Print Number 9 9755, an act to amend Chapter 266 of the Laws 10 of 1981. 11 ACTING PRESIDENT MORAHAN: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MORAHAN: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT MORAHAN: 19 Announce the results. 20 Senator Duane. 21 SENATOR DUANE: Thank you, 22 Mr. President. To explain my vote. 23 This is a good bill, and it also 24 raises the issue of extending the statute of 25 limitations.

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(518) 371-8910 1 Recently I had a very successful 2 and compelling hearing on the issue of clergy 3 abuse and abuse by those in positions of 4 power. We had very, very compelling testimony 5 from victims, but we also had testimony from 6 experts, academics and attorneys and 7 professors of law, all of whom agreed that 8 merely by extending or eliminating the statute 9 of limitations would we then be able to 10 pinpoint perpetrators and allow victims of 11 abuse to have their day in court. 12 So I'm pleased that we're doing 13 this bill, which extends the statute of 14 limitations. But we also have a 15 responsibility to extend the statute of 16 limitations so those who have been victimized 17 can have their day in court and we can stop 18 the victimization of any more persons by 19 people in a position of authority. 20 Thank you, Mr. President. 21 ACTING PRESIDENT MORAHAN: Thank 22 you, Senator Duane. 23 Announce the results. 24 THE SECRETARY: Ayes, 53. 25 ACTING PRESIDENT MORAHAN: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 912, by Senator DeFrancisco, Senate Print 4 7233, an act to amend the Penal Law. 5 ACTING PRESIDENT MORAHAN: Read 6 the last section. 7 THE SECRETARY: Section 9. This 8 act shall take effect on the first of 9 November. 10 ACTING PRESIDENT MORAHAN: 11 Senator DeFrancisco. 12 SENATOR DeFRANCISCO: Thank you, 13 Mr. President. 14 I rise in support of this bill, 15 called the Bill Leaf-Brandi Woods bill. And 16 basically we've had two tragedies in Central 17 New York very recently, where Bill Leaf, a 18 reporter for WSYR, in his twenties, and Brandi 19 Woods, a 15-year-old Girl Scout, delivering 20 Girl Scout cookies -- not much older than the 21 children that are here in the gallery today -- 22 were both killed by drunk drivers. 23 In the Brandi Woods situation, the 24 perpetrator received a one-to-three sentence 25 and is about to be released. The other case

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(518) 371-8910 1 is still pending. 2 Two fine people. Bill Leaf was 3 here reporting in Albany a couple of days 4 before his death, a rising reporter, an 5 incredible young man who was going to be 6 national someday, there's no question. Brandi 7 Woods, a young girl doing the right thing with 8 a Girl Scout troop, just a life snuffed out. 9 Well, the penalties for DWIs, 10 especially repeat offenders, were woefully 11 inadequate, as can be seen by the sentence 12 that the first individual got, in the Brandi 13 Woods case. This bill intends to address 14 that. 15 And I would hope that we would have 16 unanimous support for this bill, because it 17 increases penalties for people who have been 18 convicted before of driving while intoxicated 19 or driving while ability-impaired when they 20 either seriously injure someone or kill them. 21 And I think by passing this bill -- 22 and the Assembly sponsor is pushing to pass 23 the bill as well -- that we can send a message 24 out that it's not going to be tolerated. And 25 even if you're not a major drinker, if you

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(518) 371-8910 1 happen to do the wrong thing some night and 2 have a very bad result, injuring somebody 3 seriously or killing somebody, you're going to 4 jail. And you're going to jail for a long 5 time. 6 There should be no more Bill Leaf 7 and Brandi Woods stories. And hopefully a 8 bill like this would help that occur. 9 So I vote aye, and I urge all of my 10 colleagues to unanimously support this 11 extremely important piece of legislation. 12 ACTING PRESIDENT MORAHAN: Thank 13 you, Senator DeFrancisco. You will be 14 recorded in the affirmative. 15 Call the roll. 16 Senator Duane, to explain his vote. 17 SENATOR DUANE: Thank you. To 18 explain my vote, yes, Mr. President. 19 I'll be voting for this bill, which 20 is going to increase the crime for driving 21 while intoxicated. And it is terrible that we 22 even have to pass such a bill and that such an 23 awful tragedy caused us to take action on this 24 issue. And I am incredibly sorry for the loss 25 that the families have endured.

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(518) 371-8910 1 However, I would be remiss if I 2 didn't raise the issue once again that we're 3 dealing with problem drinking -- alcoholism -- 4 here and the need for people to get substance 5 abuse treatment when they need it. 6 Many New Yorkers can't afford 7 substance abuse treatment or other help for 8 mental illnesses, and that's why we need 9 Timothy's Law. 10 So we're probably going to leave 11 here this week without enacting Timothy's Law, 12 and that is a horrible shame. We need to pass 13 Timothy's Law. We need to do it right away. 14 We need to get people in this state the mental 15 health services that they need and deserve. 16 So while I'm voting yes on this, I 17 am hopeful that very soon we will be voting 18 yes on Timothy's Law as well. 19 Thank you, Mr. President. 20 ACTING PRESIDENT MORAHAN: Thank 21 you, Senator Duane. 22 Announce the results. 23 THE SECRETARY: Ayes, 57. 24 ACTING PRESIDENT MORAHAN: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 919, by Senator Wright, Senate Print 2532, an 3 act to amend the New York State Defense 4 Emergency Act. 5 ACTING PRESIDENT MORAHAN: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MORAHAN: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT MORAHAN: 13 Announce the results. 14 THE SECRETARY: Ayes, 57. 15 ACTING PRESIDENT MORAHAN: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 939, by Senator Spano, Senate Print 5214, an 19 act to amend the Executive Law. 20 ACTING PRESIDENT MORAHAN: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MORAHAN: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT MORAHAN: 3 Announce the results. 4 THE SECRETARY: Ayes, 57. 5 ACTING PRESIDENT MORAHAN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 977, by Senator Skelos, Senate Print 7179, an 9 act to authorize. 10 ACTING PRESIDENT MORAHAN: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MORAHAN: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MORAHAN: 18 Announce the results. 19 THE SECRETARY: Ayes, 57. Nays, 20 1. Senator Bonacic recorded in the negative. 21 ACTING PRESIDENT MORAHAN: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 981, by Senator Skelos, Senate Print 7245, an 25 act to amend the Nassau County Civil Divisions

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(518) 371-8910 1 Act. 2 ACTING PRESIDENT MORAHAN: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MORAHAN: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT MORAHAN: 10 Announce the results. 11 THE SECRETARY: Ayes, 58. 12 ACTING PRESIDENT MORAHAN: The 13 bill is passed. 14 Senator Skelos, that completes the 15 noncontroversial reading of the calendar. 16 SENATOR SKELOS: Thank you, 17 Mr. President. I believe we have completed 18 the entire calendar. 19 Is there any further business at 20 the desk? 21 ACTING PRESIDENT MORAHAN: Yes, 22 we do. 23 Senator Fuschillo. 24 SENATOR FUSCHILLO: Thank you, 25 Mr. President.

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(518) 371-8910 1 On behalf of Senator Skelos, on 2 page number 36 I offer the following 3 amendments to Calendar Number 608, Senate 4 Print 6831, and ask that said bill retain its 5 place on Third Reading Calendar. 6 ACTING PRESIDENT MORAHAN: The 7 amendments are received, and the bill will 8 retain its place on the Third Reading 9 Calendar. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 there being no further business to come before 13 the Senate, I move we stand adjourned until 14 Monday, May 15th, at 3:00 p.m., intervening 15 days being legislative days. 16 ACTING PRESIDENT MORAHAN: There 17 being no further business, the Senate stands 18 adjourned until Monday, May 15th, 3:00 p.m., 19 intervening days to be legislative days. 20 (Whereupon, at 11:29 a.m., the 21 Senate adjourned.) 22 23 24 25

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(518) 371-8910