Wednesday, February 28, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 28, 2007 11 11:05 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR DAVID A. PATERSON, 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 come to order. 4 I would ask everyone to please rise 5 and recite with me the Pledge of Allegiance to 6 our Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: In the absence of 10 clergy, we will observe a moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 THE PRESIDENT: The reading of 14 the Journal. 15 THE SECRETARY: In Senate, 16 Tuesday, February 27, the Senate met pursuant 17 to adjournment. The Journal of Monday, 18 February 26, was read and approved. On 19 motion, Senate adjourned. 20 THE PRESIDENT: Without 21 objection, the Journal stands approved. 22 Presentation of petitions. 23 Messages from the Assembly. 24 Messages from the Governor. 25 Reports of standing committees.

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(518) 371-8910 1 Reports of select committees. 2 Communications and reports from 3 state officers. 4 Motions and resolutions. 5 Senator Bruno. 6 SENATOR BRUNO: Mr. President, I 7 have a resolution at the desk. I would ask 8 that it be read in its entirety and move for 9 its immediate adoption. 10 THE PRESIDENT: Most certainly. 11 The Secretary will read. 12 THE SECRETARY: By Senator Bruno, 13 Legislative Resolution Number 635, 14 memorializing Governor Eliot Spitzer to 15 proclaim February 25 through March 3, 2007, as 16 Eating Disorders Awareness Week in the State 17 of New York. 18 "WHEREAS, Eating disorders, such as 19 anorexia nervosa, bulimia nervosa and binge 20 eating disorder, can have life-threatening 21 consequences for both males and females; and 22 "WHEREAS, In the United States 23 there are reported cases of anorexia nervosa 24 and bulimia nervosa that affect nearly 25 10 million women and 1 million men, primarily

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(518) 371-8910 1 teens and young adults; and 2 "WHEREAS, The vast majority -- more 3 than 90 percent -- of those afflicted with 4 eating disorders are adolescent and young 5 women, with a peak onset among girls ages 6 14-18. Approximately 5 percent of adolescent 7 and adult women have an eating disorder, with 8 as many as 1 in 10 college women suffering 9 from a clinical or nearly clinical eating 10 disorder, and 15 percent of young women have 11 substantially disordered eating attitudes and 12 behaviors; and 13 "WHEREAS, Those suffering from 14 anorexia nervosa refuse to maintain a healthy 15 body weight for height, body type, age and 16 activity level, and there is usually an 17 intense fear of weight gain and extreme 18 concern with body weight and shape; and 19 "WHEREAS, Anorexia nervosa has a 20 fatality rate 12 times higher than the annual 21 death rate due to all causes of death among 22 females ages 15-24 and is often associated 23 with other serious health consequences, 24 including heart and kidney failure and 25 osteoporosis; and

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(518) 371-8910 1 "WHEREAS, Bulimia nervosa is an 2 eating disorder characterized by excessive 3 food consumption followed by inappropriate 4 compensatory behaviors, such as self-induced 5 vomiting, misuse of laxatives, fasting or 6 excessive exercise; and 7 "WHEREAS, Bulimia nervosa is often 8 associated with cardiac, gastrointestinal and 9 dental problems, including irregular 10 heartbeat, gastric rupture, peptic ulcer, and 11 tooth decay; and 12 "WHEREAS, Binge eating disorder is 13 characterized primarily by periods of 14 uncontrolled, impulsive or continuous eating 15 beyond the point of feeling comfortably full. 16 While there is no purging, there may be 17 sporadic fasts or repetitive diets and often 18 shame following a binge which can lead to 19 binge eating again, creating a cycle of binge 20 eating; and 21 "WHEREAS, Binge eating disorder is 22 often associated with obesity, heart disease, 23 gallbladder disease and diabetes; and 24 "WHEREAS, There are other eating 25 disorders which may include some combination

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(518) 371-8910 1 of the signs and symptoms of anorexia nervosa, 2 bulimia nervosa, and binge eating which may be 3 physically and psychologically dangerous; and 4 "WHEREAS, Eating disorders usually 5 appear in adolescence and are associated with 6 substantial psychological problems, including 7 depression, substance abuse, and suicide; and 8 "WHEREAS, Eating disorders can have 9 a negative impact on all aspects of life, and 10 educational efforts to prevent eating 11 disorders are of primary importance, and 12 "WHEREAS, With the support of a 13 number of groups in New York State, along with 14 the National Eating Disorders Association and 15 the National Association for Anorexia Nervosa 16 and Related Disorders, raising awareness and 17 offering care and treatment to individuals 18 suffering from eating disorders and their 19 families, a landmark program is now being 20 implemented to provide for Northeastern, 21 Western New York and Metropolitan 22 Comprehensive Care Centers for Eating 23 Disorders to provide for individualized and 24 coordinated care, information and referral, 25 community outreach and education, prevention

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(518) 371-8910 1 and research activities; and 2 "WHEREAS, Now in its 20th year, 3 National Eating Disorders Awareness Week will 4 highlight the fact that body size and shape 5 are strongly influenced by biological factors 6 such as genetics, while also calling attention 7 to some of the new discoveries surrounding the 8 role of genetics in the development of eating 9 disorders; and 10 "WHEREAS, Further outreach, support 11 and awareness are necessary for citizens 12 throughout the state; now, therefore, be it 13 "RESOLVED, That this Legislative 14 Body pause in its deliberations to memorialize 15 Governor Eliot Spitzer to proclaim February 25 16 through March 3, 2007, as Eating Disorders 17 Awareness Week in the State of New York; and 18 be it further 19 "RESOLVED, That copies of this 20 resolution, suitably engrossed, be transmitted 21 to The Honorable Eliot Spitzer, Governor of 22 the State of New York, the National Eating 23 Disorders Association and Northeastern, 24 Metropolitan and Western New York 25 Comprehensive Care Centers for Eating

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(518) 371-8910 1 Disorders." 2 THE PRESIDENT: Senator Bruno, on 3 the resolution. 4 SENATOR BRUNO: Thank you, 5 Mr. President and colleagues. 6 You heard a resolution that talks 7 about a very serious problem here throughout 8 this country. And this week is Eating 9 Disorder Awareness -- hopefully leading to 10 prevention -- Week. 11 And I just rise because I think 12 almost everybody here will have been touched 13 in some way, have been or will be, by people 14 who are seriously afflicted with an eating 15 disorder. There are about 10 million people 16 in this country with anorexia or bulimia, 17 about a third of them in a very serious, 18 life-threatening way. It's mental, it is 19 physical, it is both. It disrupts families, 20 it destroys families, it destroys people. 21 And I have seen professional after 22 professional who is afflicted. About 23 10 percent are men, and the age groups are 24 really up to 18 or 20, primarily. And then 25 there are 25 million who are having problems

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(518) 371-8910 1 with binging, which creates all kinds of 2 health issues and catastrophes also in 3 people's lives. 4 So we want to help make people 5 aware. There is help out there. We did, with 6 your help, some legislation two years ago 7 creating three pilots in this state where 8 people with anorexia, bulimia, can go through 9 a complete treatment. 10 Up until now -- and these are not 11 fully operative, because it's very 12 complicated. Up till now, people have to go 13 to Oklahoma, Arizona, New Jersey, 14 Philadelphia, Boston, Naples, Florida, just to 15 mention a few where I have had personal 16 experience with a family member having to be 17 treated in those facilities. 18 So I thank you for your support. 19 We have resources here in this state. Through 20 awareness, through prevention, we will save 21 lives. 22 Karen Carpenter is probably one of 23 the most notable. You think about a gifted 24 woman in her early thirties who dies from 25 anorexia and bulimia. Think about that, a

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(518) 371-8910 1 person with everything in the whole world to 2 live for. Now, why did she die? Because she 3 couldn't help herself. And no one else could 4 help her, because it is what it is. 5 And about a third of the people 6 that are afflicted, and that's several 7 million, have that kind of potential serious 8 malady, to die. 9 So thank you, Mr. President. And 10 thank you to my colleagues. And this is an 11 important resolution to people's lives in this 12 state and throughout the country, really. 13 And anyone that would like to join 14 on this resolution, I would appreciate it. 15 And I know all of the people that relate in 16 some way to this would also appreciate it. 17 Thank you, Mr. President. 18 THE PRESIDENT: Thank you very 19 much, Senator Bruno. 20 Senator Rath. 21 SENATOR RATH: Yes, Mr. President 22 and my colleagues. 23 I'd like to first of all thank the 24 Governor for calling attention to the 25 critical, critical issue in front of us by

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(518) 371-8910 1 designation of this particular week as Eating 2 Disorders Week, and thank Senator Bruno for 3 his leadership, particularly on the anorexia 4 side of this issue, which is as critical as 5 the obesity issue, though not as widespread, I 6 don't believe, as the obesity issue. 7 But I rise to draw attention to 8 some of the items that have been in the news 9 this week. You all saw the little boy who was 10 so grossly overweight, you saw the concerns 11 that the child might be taken away from his 12 parents because of child abuse. You see the 13 airlines talking about charging people two 14 tickets if they are overweight, for two seats. 15 We have an emerging crisis in this 16 country. And one of the things that I think 17 through the work that I've done -- and for 18 those of you who don't know me well, my basic 19 background was as a home ec teacher. So I've 20 been watching this issue for all of my life -- 21 and I think it's the opportunity for all of us 22 to share in the goodwill of our lifetimes and 23 our lifestyles with wonderful foods. It's 24 part of our ethnic traditions, all of our 25 ethnic traditions. And it's just gotten away

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(518) 371-8910 1 from us, and it's gotten away from the rest of 2 the country. 3 That part of it as well as the fast 4 food part of it and the trans fats issue, 5 they're all there and they're all kind of 6 boiling, if you'll let me use that phrase. 7 So I stand to suggest to all of you 8 that we keep this on the top of our thoughts 9 one way or another, looking for ways out of 10 this dilemma that is -- it's there, and it's 11 going to catch up with us. And we're going to 12 have to take some dramatic and strategic moves 13 if we don't take care of it in the early 14 stages. 15 And I am again grateful to the 16 Governor and grateful to Senator Bruno and the 17 eating disorders centers that are there. So 18 let us -- again, I urge you to keep this in 19 your thoughts and help all of us help 20 ourselves. 21 Thank you. 22 THE PRESIDENT: Senator 23 Hassell-Thompson. 24 SENATOR HASSELL-THOMPSON: Thank 25 you, Mr. President.

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(518) 371-8910 1 I rise in support of this 2 resolution and also to commend the Governor 3 and Senator Bruno for the leadership that they 4 have taken. 5 Senator Rath began to talk about 6 the concerns that I also had, and that is that 7 we have created an image in this country of 8 what people should in fact look like. And in 9 an effort to meet that standard, we have given 10 our children too much latitude and we've given 11 advertisers a lot of latitude in terms of how 12 they project. 13 We cannot legislate every action of 14 people, but certainly we have a monitoring 15 responsibility to ensure that companies are 16 reporting properly the food intake contents 17 and that we're doing a better job in educating 18 our parents in terms of how to help children 19 eat balanced diets and not allow them to 20 believe that because their incomes are small, 21 that this should affect the way in which 22 children eat. 23 We have a tremendous responsibility 24 to our kids, because we're looking at 25 outstanding numbers of children who are

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(518) 371-8910 1 developing juvenile diabetes and early stages 2 of cancer because of overweight, overeating. 3 So eating has become something that we do not 4 out of necessity, but it is a substitute for 5 those things that we are missing in our 6 society. 7 Here in this chamber we look at 8 things, we look at things politically. But we 9 need to begin to look at things more from a 10 perspective of humanity and what we're doing 11 to our next generation of children. 12 So I commend both our Governor and 13 Senator Bruno for their leadership, and I hope 14 that this is just a first step in the things 15 that we do together to ensure that we pay more 16 attention to what is happening to the 17 generation behind us. 18 THE PRESIDENT: Senator 19 DeFrancisco, on the resolution. 20 SENATOR DeFRANCISCO: Yes, I rise 21 in support of the resolution and want to take 22 this opportunity to commend Mary Ellen Clausen 23 and all the fine people of Ophelia's Place in 24 Syracuse, New York, who organized and continue 25 to run a facility that they actually created

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(518) 371-8910 1 themselves as a result of personal involvement 2 with family members with these diseases. 3 And it's extremely successful and 4 extremely helpful to people to obtain 5 information and also to obtain how to get the 6 services that these young people truly need. 7 It is a very important resolution. 8 And the efforts beyond the resolution to 9 provide the centers and information centers, 10 such as what Mary Ellen Clausen does at 11 Ophelia's Place, is so important because so 12 few people truly understand the nature of the 13 disease and what has to be done to help people 14 who have that disease. 15 THE PRESIDENT: Senator C. 16 Johnson. 17 SENATOR CRAIG JOHNSON: Thank 18 you, Mr. President. 19 I rise today to also not only 20 commend our Governor and Senator Bruno, but to 21 thank Senator Bruno for his leadership on this 22 issue. 23 As a father of two young children, 24 our friends, who also have young children, and 25 primarily daughters, are starting to see their

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(518) 371-8910 1 daughters as young as 6, 7, 8 already talking 2 about dieting, because they're conscious of 3 their body image. They see the 4 advertisements, even in the young miss and all 5 those young magazines that are focusing on the 6 children, and the women -- the models are all 7 stick-thin. And they are already wanting to 8 talk about dieting and losing weight. Six, 7, 9 8 years old. This is what we're talking about 10 in Port Washington and Roslyn around the 11 dinner table, and our concern for our 12 children. 13 And it is about education. The 14 other day I was watching the TV news and there 15 was a discussion about in the elementary 16 schools they had a group of children sitting 17 around a table and they picked up a picture, 18 one a stick figure with a very thin girl, and 19 one with a more full-figured young girl. And 20 they said: "Who do you want to be friends 21 with?" And uniformly the girls picked the 22 thin girl. They didn't want to be friends 23 with the fat girl. 24 And so we're seeing it's not just 25 about the health issues that we talk about and

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(518) 371-8910 1 the fast food, but we're talking about it 2 expands. We're talking about bullying issues. 3 And it's all these things that focus upon, 4 that bring about the eating disorders, the 5 mental problems and the physical problems. 6 So it's about moving just on 7 prevention and education, but really working 8 with the advertisers in New York State to get 9 them to stop at such a young age having our 10 children focus on a thin figure, and to work 11 with our food and our service industries to 12 make sure we provide healthy foods -- not just 13 to buy in the fast food, but in the schools. 14 Because if you look at the food 15 quality that is given in a number of our 16 schools, it is such poor quality that they're 17 going to gain weight, and of course the cycle 18 begins. 19 So I thank you, Senator Bruno, for 20 this resolution. I strongly support it. And 21 I hope we can move forward and really address 22 these issues going forward. 23 Thank you. 24 THE PRESIDENT: Is there any 25 other member that would like to speak on the

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(518) 371-8910 1 resolution? 2 Hearing none, the question is on 3 the resolution. All those in favor please 4 indicate so by saying aye. 5 (Response of "Aye.") 6 THE PRESIDENT: Opposed, nay. 7 (No response.) 8 THE PRESIDENT: The resolution is 9 adopted. 10 And the chair notes Senator 11 Johnson, Senator DeFrancisco, Senator Rath, 12 Senator Hassell-Thompson, and the wonderful 13 remarks by Senator Bruno. The resolution is 14 adopted. 15 Senator Bruno did indicate 16 previously that we would open the resolution 17 to all members. Any who would not like to be 18 on the resolution may indicate so at the desk. 19 Thank you, Senator Bruno. 20 SENATOR BRUNO: Mr. President, I 21 believe there's a resolution at the desk by 22 Senator Robach. I would ask that the title be 23 read and move for its immediate adoption. 24 THE PRESIDENT: The Secretary 25 will read.

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(518) 371-8910 1 THE SECRETARY: By Senator 2 Robach, Legislative Resolution Number 649, 3 commemorating the 75th anniversary of the 4 Aquinas Institute Mission Bouts. 5 THE PRESIDENT: On the 6 resolution, all those in favor. 7 (Response of "Aye.") 8 THE PRESIDENT: Opposed. 9 (No response.) 10 THE PRESIDENT: The resolution is 11 adopted. 12 Senator Bruno. 13 SENATOR BRUNO: I believe, 14 Mr. President, that there is another 15 resolution at the desk, by Senator Leibell. I 16 would ask that the title be read and move for 17 its immediate adoption. 18 THE PRESIDENT: The Secretary 19 will read. 20 THE SECRETARY: By Senator 21 Leibell, Legislative Resolution Number 650, 22 commending Hudson River HealthCare and the 23 Park Street African Methodist Episcopal Zion 24 Church as they honor the legacy of Harriet 25 Tubman on March 2, 2007.

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(518) 371-8910 1 THE PRESIDENT: All those in 2 favor please indicate by saying aye. 3 (Response of "Aye.") 4 THE PRESIDENT: Opposed, nay. 5 (No response.) 6 THE PRESIDENT: The resolution is 7 adopted. 8 Senator Bruno. 9 SENATOR BRUNO: Mr. President, 10 can we at this time have the noncontroversial 11 reading of the calendar. 12 THE PRESIDENT: The Secretary 13 will begin the noncontroversial reading of the 14 calendar. 15 THE SECRETARY: Calendar Number 16 103, by Senator Morahan, Senate Print 249, an 17 act to amend the General Business Law, in 18 relation to requiring. 19 THE PRESIDENT: Last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE PRESIDENT: Results. 25 THE SECRETARY: Ayes, 50. Nays,

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(518) 371-8910 1 1. Senator DeFrancisco recorded in the 2 negative. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 107, by Senator Flanagan, Senate Print 695, an 7 act to amend the General Business Law, in 8 relation to prohibiting the sale. 9 THE PRESIDENT: Last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 60th day. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 51. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 109, by Senator Fuschillo, Senate Print 1547, 19 an act to amend the General Business Law, in 20 relation to increasing the civil penalty. 21 THE PRESIDENT: The Secretary 22 will please read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE PRESIDENT: Senator 3 Schneiderman. 4 SENATOR SCHNEIDERMAN: Thank you, 5 Mr. President. To explain my vote. 6 I think Senator Fuschillo's bill is 7 a first step towards addressing an issue that 8 requires a lot more attention from this house, 9 from the Legislature and the Governor in 10 general. 11 The issue of price gouging has come 12 up repeatedly in the context particularly of 13 energy prices. And it's an area in which our 14 law is really not up to the challenge. This 15 piece of legislation is a good step, but the 16 Attorney General needs more power, needs 17 clarification of their authority in the 18 absence of a gubernatorial declaration of an 19 emergency. And, frankly, we need to get more 20 people involved. 21 So I have a proposal, and there's 22 others who have proposals to involve local 23 district attorneys. We don't have an 24 effective mechanism in this state for ensuring 25 that price gouging doesn't take place. I hope

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(518) 371-8910 1 that energy prices go down, but I don't 2 believe they will in the long term. And I 3 think that this is an issue that will come up 4 again and again and again. 5 And so I commend Senator Fuschillo 6 for trying to keep the issue on the table, but 7 this is something where we do need to take 8 further action before the next crisis occurs. 9 I will be voting yes, 10 Mr. President. 11 THE PRESIDENT: Senator 12 Schneiderman will be recorded in the 13 affirmative. 14 The Secretary will announce the 15 results. 16 THE SECRETARY: Ayes, 51. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 117, by Senator Little, Senate Print 1099, an 21 act in relation to directing the Law Revision 22 Commission. 23 THE PRESIDENT: Last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect on the 30th day.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 51. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 124, by Senator Leibell, Senate Print 2377, an 8 act directing the Commissioner of Labor to 9 issue a report. 10 THE PRESIDENT: Last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 51. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 134, by Senator Larkin, Senate Print 1918, an 20 act to amend the General Business Law and 21 others, in relation to peddling New York 22 agricultural products on the streets. 23 THE PRESIDENT: Last section. 24 THE SECRETARY: Section 5. This 25 act shall take effect on the 180th day.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 51. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 135, by Senator Skelos, Senate Print 2041, an 8 act to amend the General Business Law, in 9 relation to the sale of laser pointing 10 devices. 11 THE PRESIDENT: Last section. 12 THE SECRETARY: Section 5. 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 PRESIDENT: Senator Craig 18 Johnson. 19 SENATOR CRAIG JOHNSON: Thank 20 you. I wish to take this opportunity to 21 explain my vote. 22 I commend Senator Skelos on this 23 law, and I support this law. I just do think 24 that in the process, if the Assembly puts 25 something together and puts it through, they

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(518) 371-8910 1 should maybe put a couple of things in there 2 that we can address. 3 In reviewing the law, one concern I 4 have is that there's no exception in the terms 5 of school for educational purposes. You know, 6 I've recently -- or compared to the members of 7 this body, I'm probably one of the more recent 8 graduates of high school. And laser pointers 9 are used for educational purposes in terms of 10 slide presentations, Power Points. 11 Under this law, in theory merely 12 walking into a school they can be confiscated 13 if a principal wants to, you know, assert a 14 violation against them. So there's no 15 educational exception for the purpose of the 16 schools. 17 The second thing, in reading the 18 justification, and those instances are 19 horrible in terms of the police. And when you 20 put these out there and the potential lives 21 that could be lost in terms of them, the 22 justification when looking at the law doesn't 23 really go to what the purpose of the law is. 24 I think we should ban them entirely 25 in the possession of 18-year-olds. We have a

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(518) 371-8910 1 number of laws in local counties which 2 prohibit -- it's not just the sale, but let's 3 stop the possession. Because if you look at 4 the justification, when these instances were 5 used, it was outside of the school grounds. 6 It was in people's homes, it was on a school 7 bus, which technically actually I don't think 8 would be covered under this bill, because a 9 school bus is not a school building. 10 But I think we need to go a little 11 bit further. And hopefully Senator Skelos 12 will put something forward or we can work 13 together to put something forward that would 14 actually prohibit children under the age of 18 15 to possessing these things outside of a 16 school, because there's no purpose for them to 17 have them outside of the school. 18 So I commend Senator Skelos, I 19 support the bill, and I look forward to its 20 enactment by the Assembly. 21 Thank you. 22 THE PRESIDENT: Senator Craig 23 Johnson will be recorded in the affirmative. 24 Results. 25 THE SECRETARY: Ayes, 53.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 147, by Senator Marcellino, Senate Print 603, 5 an act to amend the Criminal Procedure Law, in 6 relation to evidence. 7 THE PRESIDENT: Last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 30th day. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 53. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 153, by Senator Trunzo, Senate Print 884, an 17 act to amend the Penal Law, in relation to 18 prohibiting stalking. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 4. This 22 act shall take effect on the first of 23 November. 24 THE PRESIDENT: The Secretary 25 will call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE PRESIDENT: The Secretary 3 will announce the results. 4 THE SECRETARY: Ayes, 53. 5 THE PRESIDENT: The bill is 6 passed. 7 Senator Bruno, that completes the 8 noncontroversial reading of the calendar. 9 SENATOR BRUNO: Mr. President, is 10 there any further business to be done by this 11 body at this time? 12 THE PRESIDENT: There is no 13 further business to be attended to, Senator. 14 SENATOR BRUNO: Then we are going 15 to ask the Majority members to have an 16 immediate conference on the break of session, 17 which is imminent. And it will be short and 18 direct. And productive. And something that 19 you don't want to miss. 20 THE PRESIDENT: There will be an 21 immediate meeting of the Senate Majority in 22 the Majority Conference Room, Room 332. It 23 will be short, direct, and productive, right 24 after session. 25 SENATOR BRUNO: And,

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(518) 371-8910 1 Mr. President, there being no further business 2 to come before the Senate, I would move that 3 we stand adjourned until Monday, March 5th, at 4 3:00 p.m., intervening days to be legislative 5 days. 6 Thank you. 7 THE PRESIDENT: The Senate is 8 adjourned and will reconvene on Monday, 9 March 5th, at 3:00 p.m., intervening days 10 being legislative. 11 Senate is adjourned. 12 (Whereupon, at 11:31 a.m., the 13 Senate adjourned.) 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910