Monday, May 19, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 19, 2008 11 3:18 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH A. GRIFFO, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT GRIFFO: The 3 Senate will come to order. 4 I ask all present to please rise 5 and join me as we recite the Pledge of 6 Allegiance to our Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT GRIFFO: Today 10 to lead us in prayer we have Father Peter 11 Young, of the Mother Theresa Community here in 12 Albany. 13 Father. 14 REVEREND YOUNG: Thank you, 15 Senator. 16 Let us pray. 17 O God, the builder of all things, 18 You have placed on us the obligation of toil. 19 Grant that the work that we begin here in this 20 Senate chamber may serve to better our lives 21 in New York State and, through Your goodness, 22 contribute to the spread then of all of the 23 people that are called to be Your servants. 24 God never fails to provide our 25 citizens in New York State with dedicated

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(518) 371-8910 1 Senators. May God pour forth His blessings on 2 our legislators and provide them with a spirit 3 of courage to accept the many demands of their 4 elected office. 5 We ask You this, amen. 6 ACTING PRESIDENT GRIFFO: Reading 7 of the Journal. 8 THE SECRETARY: In Senate, 9 Sunday, May 18, the Senate met pursuant to 10 adjournment. The Journal of Saturday, May 17, 11 was read and approved. On motion, Senate 12 adjourned. 13 ACTING PRESIDENT GRIFFO: Without 14 objection, the Journal stands approved as 15 read. 16 Presentation of petitions. 17 Messages from the Assembly. 18 Messages from the Governor. 19 Reports of standing committees. 20 Reports of select committees. 21 Communications and reports from 22 state officers. 23 Motions and resolutions. 24 Senator Fuschillo. 25 SENATOR FUSCHILLO: Thank you,

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(518) 371-8910 1 Mr. President. 2 On behalf of Senator Lanza, I wish 3 to call up Senate Print 3682, recalled from 4 the Assembly, which is now at the desk. 5 ACTING PRESIDENT GRIFFO: The 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 704, by Senator Lanza, Senate Print 3682, an 9 act to amend the Highway Law. 10 SENATOR FUSCHILLO: I now move to 11 reconsider the vote by which the bill was 12 passed. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll on reconsideration. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 37. 17 SENATOR FUSCHILLO: I now offer 18 the following amendments. 19 ACTING PRESIDENT GRIFFO: The 20 amendments are received. 21 SENATOR FUSCHILLO: Mr. 22 President, amendments are offered to the 23 following Third Reading Calendar bills. 24 Sponsored by Senator Fuschillo, 25 page number 23, Calendar Number 169, Senate

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(518) 371-8910 1 Print Number 5543D. 2 By Senator Rath, page number 46, 3 Calendar Number 731, Senate Print Number 4 1311A. 5 By Senator Little, page number 59, 6 Calendar Number 969, Senate Print Number 6922. 7 By Senator Fuschillo, page 8 number 60, Calendar Number 1002, Senate Print 9 Number 7577. 10 By Senator Marcellino, page 11 number 61, Calendar Number 1012, Senate Print 12 Number 3195B. 13 I now move that these bills retain 14 their place on the order of third reading. 15 ACTING PRESIDENT GRIFFO: The 16 amendments are received and adopted, and the 17 bills will retain their place on the Third 18 Reading Calendar. 19 SENATOR FUSCHILLO: Thank you. 20 ACTING PRESIDENT GRIFFO: Thank 21 you, Senator Fuschillo. 22 Senator Skelos. 23 SENATOR SKELOS: Mr. President, I 24 believe there's a substitution at the desk, if 25 we could make it at this time.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 Secretary will read. 3 THE SECRETARY: On page 49, 4 Senator Golden moves to discharge, from the 5 Committee on Aging, Assembly Bill Number 9905A 6 and substitute it for the identical Senate 7 Bill Number 3716A, Third Reading Calendar 825. 8 ACTING PRESIDENT GRIFFO: The 9 substitution is so ordered. 10 Senator Serrano. 11 SENATOR SERRANO: Mr. President, 12 I wish to call up Senate Print Number 3153, 13 recalled from the Assembly, which is now at 14 the desk, by Senator Montgomery. 15 ACTING PRESIDENT GRIFFO: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 656, by Senator Montgomery, Senate Print 3153, 19 an act to amend the Family Court Act and the 20 Social Services Law. 21 SENATOR SERRANO: Mr. President, 22 I now move to reconsider the vote by which 23 this bill was passed. 24 ACTING PRESIDENT GRIFFO: The 25 Secretary will call the roll on

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(518) 371-8910 1 reconsideration. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 37. 4 SENATOR SERRANO: Mr. President, 5 I now offer the following amendments. 6 ACTING PRESIDENT GRIFFO: The 7 amendments are received and adopted. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 there's Resolution 5944 at the desk, by 11 Senator Larkin. If we could have the title 12 read and move for its immediate adoption. 13 ACTING PRESIDENT GRIFFO: The 14 Secretary will read. 15 THE SECRETARY: By Senator 16 Larkin, Legislative Resolution Number 5944, 17 honoring Nancy Kosloski, executive director 18 and founder of Orange County Big Brothers/Big 19 Sisters, upon the occasion of her designation 20 for special recognition. 21 ACTING PRESIDENT GRIFFO: The 22 question is on the resolution. All in favor 23 signify by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT GRIFFO:

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(518) 371-8910 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT GRIFFO: The 4 resolution is adopted. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 Senator Valesky has a resolution, Number 5929, 8 at the desk. If we could have the title read 9 and move for its immediate adoption. 10 ACTING PRESIDENT GRIFFO: The 11 Secretary will read. 12 THE SECRETARY: By Senator 13 Valesky, Legislative Resolution Number 5929, 14 congratulating the Jamesville-DeWitt High 15 School Boys Basketball Team and Coach Bob 16 McKenney on its outstanding season and overall 17 team record. 18 ACTING PRESIDENT GRIFFO: 19 Senator Valesky. 20 SENATOR VALESKY: Thank you, 21 Mr. President. 22 I'm pleased to be able to stand 23 here today and welcome, in the gallery here, 24 the Jamesville-DeWitt High School Boys Class A 25 Championship Basketball Team, led by Coach Bob

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(518) 371-8910 1 McKenney, and just take a moment before we 2 approve this resolution to congratulate them 3 and share with the members here the kind of 4 season they had. 5 They ended their year with a 26 and 6 2 record. They finished as the highest-ranked 7 public high school in the entire state. 8 Their season was truly marked by 9 dominance, holding opponents in the 10 playoffs -- against the best teams around the 11 state -- to 51 points per game, while they 12 scored an average of 73 points per game. 13 Again, against the best teams in the state. 14 Defeated East Hampton High School in the 15 championship game 78 to 54, so they clearly 16 were head and shoulders above everyone else in 17 the state. 18 After winning the Class A state 19 championship, they went on and became 20 federation champions as well. And this is 21 their second state championship in five years. 22 So clearly, from a basketball perspective, 23 they're doing something right at 24 Jamesville-DeWitt High School. 25 But I would add that they and the

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(518) 371-8910 1 character they have built, through teamwork 2 and hard work and dedication over the season, 3 that they have become leaders not only on the 4 basketball court, but off the hardwood as 5 well. 6 And we look to each and every one 7 of them to continue their excellent athletic 8 success but encourage them to do even more in 9 their school, in their community, in their 10 college, for those who are graduating seniors. 11 And it's an honor to be here today 12 and to recognize them and congratulate them on 13 their state championship. 14 Thank you. 15 ACTING PRESIDENT GRIFFO: Thank 16 you, Senator Valesky. 17 Senator DeFrancisco. 18 SENATOR DeFRANCISCO: Yes, I know 19 it sometimes gets tiresome in chambers when we 20 from Central New York, Onondaga County, keep 21 bringing back championship team after 22 championship team after championship team, 23 including the national champions, Syracuse 24 University Basketball Team. But one day your 25 counties will also be as proficient and as

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(518) 371-8910 1 excellent in sports as those that come from 2 Onondaga County. 3 (Laughter.) 4 SENATOR DeFRANCISCO: Senator 5 Valesky indicated how great their record was. 6 They've actually won not only two 7 championships in the last two years, but this 8 is their third state championship. You don't 9 see that very often at this level of 10 basketball play. 11 We had a little get-together in my 12 office for lunch, and I got to meet some of 13 the players. They're fine young men. And you 14 know, the fact that they -- what was it, the 15 margin of victory was 24 points a game, the 16 margin of victory? Just absolutely 17 unbelievable. 18 Sorry about your losing to my high 19 school team. But it still was an excellent 20 season. Maybe in the future it will be 21 perfect again. 22 But they're great young men. And 23 I'll tell you, you'll never, ever, ever forget 24 this experience, your whole life. You've got 25 friends for life who you will be communicating

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(518) 371-8910 1 with and being with for many, many years to 2 come. 3 The coaches also deserve 4 recognition. When you get the resolutions, 5 and each one of you will get one, your names 6 and assistant coaches are there. Obviously 7 Bob McKenney, who did an incredible job to 8 keep it all together. 9 But there's also another assistant 10 coach that I'd be remiss if I didn't 11 recognize, a former Senate employee, Charles 12 Falgiatano, who now works with me in a law 13 office. And he's here with his son. The 14 coach's daughter is here as well. 15 And I can tell that they had that 16 same aggression that Charlie has in everything 17 he does. 18 So congratulations again, and have 19 a great life of success, not only in the 20 sports arena but also in everything you do in 21 your future. You're going to be the leaders 22 of tomorrow. And we're very, very, very proud 23 of you. 24 ACTING PRESIDENT GRIFFO: Thank 25 you, Senator DeFrancisco.

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(518) 371-8910 1 The question is on the resolution. 2 All in favor signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT GRIFFO: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT GRIFFO: The 8 resolution is adopted. 9 We take now the opportunity to 10 congratulate the coach, the players of JD, and 11 the entire basketball team for their 12 outstanding championship and for the great 13 athletic prowess that's exhibited in Onondaga 14 County. We congratulate you all. 15 (Applause.) 16 ACTING PRESIDENT GRIFFO: Senator 17 Skelos. 18 SENATOR SKELOS: Mr. President, 19 Resolution 5964, by Senator Bruno, is at the 20 desk. If we could have the title read and 21 move for its immediate adoption. 22 ACTING PRESIDENT GRIFFO: The 23 Secretary will read. 24 THE SECRETARY: By Senator Bruno, 25 Concurrent Resolution Number 5964,

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(518) 371-8910 1 establishing a plan setting forth an itemized 2 list of grantees for certain appropriations 3 for the 2008-2009 state fiscal year, as 4 required by subdivision 5 of Section 24 of the 5 State Finance Law. 6 ACTING PRESIDENT GRIFFO: On the 7 resolution, the Secretary will call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 48. 10 ACTING PRESIDENT GRIFFO: The 11 resolution is adopted. 12 Senator Skelos. 13 SENATOR SKELOS: If we could go 14 to the noncontroversial reading of the 15 calendar now. 16 ACTING PRESIDENT GRIFFO: The 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 231, by Senator Farley, Senate Print 1562A, an 20 act to amend the Public Health Law, in 21 relation to the healthcare practitioner 22 volunteer program. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 50. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 552, by Senator Fuschillo, Senate Print 5795A, 10 an act to amend the Penal Law and the Criminal 11 Procedure Law, in relation to identity theft. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 14. This 15 act shall take effect on the 90th day. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 50. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 574, by Senator Nozzolio, Senate Print 4638, 24 an act to amend the Alcoholic Beverage Control 25 Law, in relation to the definition of cider.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 50. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 692, by Senator Farley, Senate Print 920A, an 13 act to amend the Tax Law, in relation to 14 filing. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 5. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 51. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 728, by Senator Fuschillo, Senate Print 7339, 2 an act to amend the General Business Law, in 3 relation to prohibiting. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first day. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 51. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 785, by Senator Young, Senate Print 6954A, an 16 act to validate, ratify and legalize. 17 ACTING PRESIDENT GRIFFO: There 18 is a home-rule message at the desk. 19 The Secretary will read the last 20 section. 21 THE SECRETARY: Section 5. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 51. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 825, substituted earlier today by Member of 6 the Assembly Dinowitz, Assembly Print Number 7 9905A, an act to amend the Executive Law, in 8 relation to directing. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 51. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 913, by Senator Volker, Senate Print 894A, an 21 act to amend the Criminal Procedure Law and 22 the Family Court Act, in relation to duration. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 10. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 51. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 955, by Senator Fuschillo, Senate Print 1634B, 10 an act to amend the Tax Law, in relation to 11 establishing. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 51. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 960, by Senator Padavan, Senate Print 4487B, 24 an act to amend the General Business Law, in 25 relation to requiring.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 4. This 4 act shall take effect on the 180th day. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 52. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 962, by Senator DeFrancisco -- 13 SENATOR SKELOS: Lay it aside for 14 the day, please. 15 ACTING PRESIDENT GRIFFO: Lay it 16 aside for the day. 17 THE SECRETARY: Calendar Number 18 966, by Senator Larkin, Senate Print 537, an 19 act to amend the Agriculture and Markets Law, 20 in relation to the powers and duties of the 21 commissioner of agriculture. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 10. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 50. Nays, 5 2. Senators Duane and L. Krueger recorded in 6 the negative. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 986, by Senator Golden, Senate Print 1777, an 11 act to amend the Penal Law, in relation to 12 increasing penalties. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect on the first of 17 November. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 986 are 23 Senators Duane, L. Krueger, Montgomery and 24 Perkins. 25 Ayes, 50. Nays, 4.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 987, by Senator Smith, Senate Print 1862, an 5 act to amend the Penal Law, in relation to 6 facilitating. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first of 11 November. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 987 are 17 Senators Duane and Montgomery. 18 Ayes, 53. Nays, 2. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1003, by Senator Lanza, Senate Print 7602, an 23 act to amend the Penal Law, in relation to 24 filing. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first of 4 November. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 56. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1055, by Senator Nozzolio, Senate Print 1454, 13 an act to amend the Correction Law, in 14 relation to charging. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 1055 are 24 Senators Duane, Hassell-Thompson, Montgomery, 25 Onorato and Perkins. Also Senator Serrano.

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(518) 371-8910 1 Also Senator L. Krueger. 2 Ayes, 49. Nays, 7. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1059, by Senator Skelos, Senate Print 3614, an 7 act to amend the Correction Law, in relation 8 to expanding the definition. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 56. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1060, by Senator Skelos, Senate Print 3713, an 21 act to amend the Correction Law, in relation 22 to the registration of sex offenders. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 4. This

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(518) 371-8910 1 act shall take effect on the 180th day. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 55. Nays, 6 1. Senator Montgomery recorded in the 7 negative. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1088, by Senator Winner, Senate Print 1721, an 12 act to amend the Alcoholic Beverage Control 13 Law and the Vehicle and Traffic Law, in 14 relation to the imposition of driver's license 15 suspensions. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect on the first of 20 November. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 55. Nays, 25 2. Senators Duane and Montgomery recorded in

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(518) 371-8910 1 the negative. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1093, by Senator Leibell, Senate Print 4699, 6 an act to amend the Alcoholic Beverage Control 7 Law and the Vehicle and Traffic Law, in 8 relation to increasing penalties. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect on the first of 13 November. 14 SENATOR ONORATO: Lay it aside. 15 SENATOR DUANE: Lay it aside, 16 please. 17 ACTING PRESIDENT GRIFFO: The 18 bill is laid aside. 19 Senator Skelos, that completes the 20 noncontroversial reading of the calendar. 21 SENATOR SKELOS: Thank you, 22 Mr. President. 23 If we could ring the bells at this 24 time to let the members know that there is one 25 bill on the controversial calendar.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Thank 2 you, Senator Skelos. 3 The Secretary will ring the bells. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 1093, by Senator Leibell, Senate Print 4699, 7 an act to amend the Alcoholic Beverage Control 8 Law and the Vehicle and Traffic Law. 9 ACTING PRESIDENT GRIFFO: Senator 10 Diaz. 11 SENATOR DIAZ: Explanation. 12 ACTING PRESIDENT GRIFFO: An 13 explanation is requested, Senator Leibell. 14 SENATOR LEIBELL: Thank you, 15 Mr. President. 16 This is legislation that we have 17 seen in this house before. It's also, I might 18 add, a Westchester County program bill. 19 There's not a member in this 20 chamber or in the other house that is not 21 aware of the tremendous loss of life that we 22 have had on our roads over the course of many 23 years now. In fact, it's been said that it's 24 a slaughter out there. 25 In all too many cases, and

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(518) 371-8910 1 statistics bear this out, that slaughter is 2 caused by young drivers, inexperienced 3 drivers, drivers in cars with other teenagers, 4 and drivers in cars and passengers in cars 5 where there is alcohol present. 6 This legislation is an attempt to 7 amend Section 65C of the Alcoholic Beverage 8 Control Law, to prohibit any person under the 9 age of 21 who is an occupant in a motor 10 vehicle on a public highway from possessing 11 alcohol with the intent to consume. 12 The bill would also amend 13 Section 510 of the Vehicle and Traffic Law to 14 authorize courts to suspend the driver's 15 license of any person convicted of such 16 offense. 17 The offense created under the ABC 18 Law would be subject to a maximum $100 fine 19 and/or community service, not to exceed 20 30 hours. The penalties provided under the 21 Vehicle and Traffic Law would be the mandatory 22 suspension of a driver's license for anyone 23 convicted of such offense, as follows: Three 24 month for a first violation, six months for a 25 second violation within 18 months, and one

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(518) 371-8910 1 year or until the individual reaches the age 2 of 21 for the third or subsequent violation 3 within 18 months. 4 This bill mandates the suspension 5 or the delay in receiving a driver's license 6 for occupants of a motor vehicle while on a 7 public highway under the age of 21 who possess 8 alcohol with the intent to consume. It adds 9 teeth, this bill, to what is the existing law 10 on underage drinking. In a nutshell, cars and 11 alcohol simply do not mix. 12 When we last saw this bill, which 13 was last year in this house, it passed 14 unanimously, 62 to 0. 15 ACTING PRESIDENT GRIFFO: Senator 16 Diaz. 17 SENATOR DIAZ: Mr. President, 18 would the sponsor yield for a question or two. 19 ACTING PRESIDENT GRIFFO: Senator 20 Leibell, do you yield? 21 SENATOR LEIBELL: Certainly. 22 ACTING PRESIDENT GRIFFO: Senator 23 Diaz. 24 SENATOR DIAZ: Yes, before I ask 25 a question, I want to make it clear and to be

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(518) 371-8910 1 sure that everyone understands that me as a 2 pastor of an evangelical church, I oppose all 3 kinds of drinking, underage and above age. 4 However, I have a question for Senator 5 Leibell. 6 Senator Leibell, the bill calls for 7 the suspension of a license for the driver of 8 the car or anyone sitting in that car? 9 SENATOR LEIBELL: It would be for 10 the person who had the intent of consuming 11 that alcohol. 12 SENATOR DIAZ: And -- 13 ACTING PRESIDENT GRIFFO: Senator 14 Diaz, do you wish the sponsor to continue to 15 yield? 16 SENATOR DIAZ: Yes, Mr. 17 President. 18 ACTING PRESIDENT GRIFFO: Senator 19 Leibell, would you yield? 20 SENATOR LEIBELL: Certainly. 21 ACTING PRESIDENT GRIFFO: He 22 yields. 23 SENATOR DIAZ: Senator Leibell, 24 let's assume that I am the driver, I am under 25 21, and I have two friends that are occupying

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(518) 371-8910 1 my car with me. I'm the driver, but they have 2 the liquor. 3 SENATOR LEIBELL: They have the 4 liquor. 5 SENATOR DIAZ: They have the 6 liquor, not me. I'm driving. I don't have 7 anything, but they have it. 8 Does that mean that their license 9 would be suspended? 10 SENATOR LEIBELL: Yes, the 11 passengers, if you can establish that they had 12 that alcohol with intent to consume. 13 SENATOR DIAZ: The passengers. 14 ACTING PRESIDENT GRIFFO: Senator 15 Diaz, would you just -- through the chair, 16 please. 17 SENATOR DIAZ: Sorry, Mr. 18 President. 19 ACTING PRESIDENT GRIFFO: Senator 20 Diaz, do you wish to ask the sponsor to 21 continue to yield? 22 SENATOR DIAZ: Yes, Mr. 23 President. 24 ACTING PRESIDENT GRIFFO: Senator 25 Leibell, will you continue?

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(518) 371-8910 1 SENATOR LEIBELL: Yes. 2 ACTING PRESIDENT GRIFFO: Senator 3 Diaz. 4 SENATOR DIAZ: Senator Leibell, 5 let's assume that I am the driver and there 6 are passengers above 21 years of age -- above 7 21 -- and they have the alcoholic beverage. 8 Will their license be suspended? 9 ACTING PRESIDENT GRIFFO: Senator 10 Leibell. 11 SENATOR LEIBELL: No, this deals 12 with people -- this bill, proposed 13 legislation, deals with people under 21 years 14 of age. 15 SENATOR DIAZ: So, Mr. President, 16 through you, will the sponsor continue to 17 yield. 18 ACTING PRESIDENT GRIFFO: Senator 19 Leibell, do you continue to yield? 20 SENATOR LEIBELL: Yes, I do. 21 ACTING PRESIDENT GRIFFO: Senator 22 Diaz. 23 SENATOR DIAZ: So this 24 legislation is punishing only passengers in a 25 car who are under 21?

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(518) 371-8910 1 SENATOR LEIBELL: That's correct. 2 There are other passages of law 3 that make and would involve the scenario 4 you're enumerating here. But for this purpose 5 today, in this legislation, it's 21 and under. 6 SENATOR DIAZ: Mr. President, 7 will the sponsor continue to yield. 8 ACTING PRESIDENT GRIFFO: Senator 9 Leibell, do you continue to yield? 10 SENATOR LEIBELL: Yes. 11 ACTING PRESIDENT GRIFFO: Senator 12 Diaz. 13 SENATOR DIAZ: Senator Leibell, 14 what is the age in this nation and this state, 15 the minimum age to send a person to a war to 16 fight, kill, or get killed defending our 17 nation? What is the low age? 18 SENATOR LEIBELL: I understand 19 your point. It's 18. 20 SENATOR DIAZ: Eighteen. 21 SENATOR LEIBELL: Yes. You can 22 join younger than that, but my understanding 23 is in a combat zone it's 18. 24 SENATOR DIAZ: Eighteen. 25 Mr. President, through you, will

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(518) 371-8910 1 the sponsor continue to yield. 2 ACTING PRESIDENT GRIFFO: Senator 3 Leibell, do you continue to yield? 4 SENATOR LEIBELL: Yes, sir. 5 ACTING PRESIDENT GRIFFO: Senator 6 Diaz. 7 SENATOR DIAZ: Senator Leibell, 8 so you are telling me that a person between 9 18 years of age and 21 is smart enough, 10 intelligent enough, and capable enough to be 11 sent to a war to get killed, to kill for this 12 nation, but that same person is stupid enough 13 to drink? 14 ACTING PRESIDENT GRIFFO: What is 15 your question, Senator Diaz? 16 SENATOR DIAZ: I already asked. 17 SENATOR LEIBELL: Well, Senator, 18 there are going to be many other examples, 19 too, where somebody who is of an age to serve 20 in the military will probably not enjoy some 21 other privileges also. It will probably be 22 much more difficult for them to maybe get a 23 mortgage, to do any number of things. And 24 that is a reality. 25 The reality -- Senator, let me just

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(518) 371-8910 1 finish, if I could. The reality we're left to 2 deal with here, though -- and I understand 3 your point. 4 The reality we're left to deal with 5 is the carnage that's out there on our roads. 6 And I have, with my colleagues in the other 7 house, tried to come with a way to make our 8 roads safer and to do that by increasing 9 penalties. And I believe that this would go a 10 long way towards saving some of those young 11 people, their own lives. 12 ACTING PRESIDENT GRIFFO: Senator 13 Diaz. 14 SENATOR DIAZ: Mr. President, 15 through you, will the sponsor continue to 16 yield. 17 ACTING PRESIDENT GRIFFO: Senator 18 Leibell, do you choose to continue to yield? 19 SENATOR LEIBELL: Yes. 20 ACTING PRESIDENT GRIFFO: Senator 21 Diaz. 22 SENATOR DIAZ: So, Senator 23 Leibell, we are so concerned in saving, 24 protecting the lives of those young persons 25 from 18 to 21 by not allowing them to drink,

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(518) 371-8910 1 but we are not that concerned to protect and 2 save their life to send them to a war and to 3 kill and get killed, and to use weapons -- a 4 rifle, grenades, all kind of equipment to kill 5 other people? 6 They are intelligent enough and 7 smart enough to do those things to harm other 8 people, to kill other people, to blow other 9 people away in protecting the nation, and we 10 don't do anything to protect their life in 11 stopping them from going to war, but here we 12 will protect their life by not allowing them 13 to drink? 14 SENATOR LEIBELL: Senator, I 15 think we're getting probably fairly far afield 16 here. 17 They also can't serve as president 18 of the United States. Wouldn't be old enough. 19 Or a member of the U.S. Senate or a member of 20 the House of Representatives. They wouldn't 21 have the age requirements there. 22 Probably many of our jobs here, 23 whether it's state troopers, correction 24 officers, we have age requirements. 25 We're pretty far afield from what

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(518) 371-8910 1 I'd like to discuss on this bill, but that 2 does exist, you're right. And on the surface 3 there may seem to be a certain lack of 4 fairness there. 5 But on the other hand, if we can 6 and we have identified this as being a leading 7 cause of the carnage that's out there on our 8 roads, I think it justifies the legislation 9 that's here before us today. Recognizing that 10 we can save lives. 11 SENATOR DIAZ: Mr. President, 12 through you, will the sponsor continue to 13 yield. 14 ACTING PRESIDENT GRIFFO: Senator 15 Leibell, do you continue to yield? 16 SENATOR LEIBELL: Yes. 17 ACTING PRESIDENT GRIFFO: Senator 18 Diaz. 19 SENATOR DIAZ: As I said before, 20 I'm a preacher, I am a pastor of an 21 evangelical church. We don't smoke, we don't 22 dance, and we don't drink. That's my 23 religion. We oppose drinking, we oppose 24 dancing, and we oppose smoking. 25 Now, however, it saddens me to see

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(518) 371-8910 1 that here in this chamber here, right here in 2 this chamber, Senator, we call these young 3 soldiers that sacrifice their life protecting 4 the nation, and we bring them here and we call 5 them heroes here in the chamber. We call them 6 heroes, we call them heroines. And we call 7 them all kind of -- we praise them, because 8 they -- let me tell you a story. 9 My granddaughter just became 10 18 years old. She enlisted in the Navy, and 11 she's out there. My granddaughter, she's out 12 there. She was smart enough to join the Navy, 13 expose her life and go and kill or get killed 14 for this nation, but now we're telling her -- 15 to me, I admire her. She's my heroine. She's 16 my heroine. She's [gesturing] my love. And 17 I'm scared for her. 18 But now we're telling her, now: 19 You are not above 21 years of age, so that 20 means that if you are in a car as a passenger 21 and you have a beer with you, your license 22 will be suspended. 23 And that's what I'm saying. You 24 know, it is not that I'm supporting drinking. 25 It is that, you know, I think it's kind of

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(518) 371-8910 1 discrimination, it's kind of abusive, it's 2 kind of a disrespect to our youth to tell them 3 go kill, go get killed, go over there and use 4 those weapons, and then come here and tell 5 them, now you are sitting in a car, just 6 sitting in a car, you're not driving, you're 7 sitting in a car. And if you get stopped and 8 you have a beer and you are a passenger in 9 that car, your driver's license will be 10 suspended. 11 Senator, you know, again, I oppose 12 drinking. And I'm opposing this bill. Not 13 because I want them to drink -- I want them to 14 stop drinking -- but because I think it's 15 something wrong that we're doing to our youth. 16 It's a wrong message. 17 ACTING PRESIDENT GRIFFO: Senator 18 Diaz, are you on the bill now or are you still 19 directing questions? 20 SENATOR DIAZ: I don't even know 21 where I am. 22 (Laughter.) 23 ACTING PRESIDENT GRIFFO: Why 24 don't you speak on the bill, then. 25 SENATOR DIAZ: I am angry.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: All 2 right. Senator Diaz, on the bill. 3 SENATOR DIAZ: I'm angry. I'm 4 upset. I'm disappointed. I am, you know, all 5 over the place. 6 But, you know, it is an injustice, 7 Mr. President, ladies and gentlemen, what 8 we're doing, telling our youth, telling our 9 youth: Oh, you are good enough to go and 10 kill, you're good enough to go and give your 11 life, you're good enough to go and handle 12 weapons, you're good enough to go and kill 13 other people in other nations -- you're good 14 enough, you're smart enough. Oh, you're the 15 cream of our country. You are our heroes. 16 You are the best. 17 And then tell them, if you are the 18 passenger in a car, when they sacrifice their 19 life over there and they come back to our 20 nation and I have to tell my -- vote for 21 something to my granddaughter, while I tell 22 her "I admire you, and I love you, you make me 23 proud, you sacrifice your life now." She's 24 doing something good to go there, and now she 25 will be punished, just punished because she

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(518) 371-8910 1 has a beer as a passenger in a car. 2 And we're going to ask our young 3 guys, our young girls to go and fight for us? 4 We have no moral to do that. We have no moral 5 to do that, to ask our young ladies and 6 gentlemen from between 18 to 21 to go and 7 fight for this nation and call them heroes and 8 then tell them, You are losing your driver's 9 license because you have a beer and you were a 10 passenger in -- see, if they were the driver, 11 if they were the driver of the car, that's a 12 different story. But a passenger? Just a 13 passenger and they're going to lose their 14 license? 15 I cannot vote for something like 16 this, and I hope my colleagues understand my 17 point of view. 18 Thank you, Mr. President. 19 ACTING PRESIDENT GRIFFO: Thank 20 you, Senator Diaz. 21 Any other Senator wishing to be 22 heard? 23 Senator Leibell. 24 SENATOR LEIBELL: Yes, I 25 certainly share in your pride for what your

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(518) 371-8910 1 granddaughter is doing in service. 2 But as I pointed out, there are 3 many times -- and we are probably far afield 4 on this debate now -- but there are many times 5 in law where you will see differences based on 6 age. As I said, the vast majority of our 7 heroes who are returning will not for some 8 years be eligible to run for president of the 9 United States, or the Congress. 10 They may feel that that's wrong. 11 You've probably got some pretty talented kids 12 out there who'd say, you know, I want to come 13 back and run for president. But they're not 14 able to do that yet. 15 It's been a problem in society in 16 general -- and in the military -- with our 17 youngsters out there in cars with alcohol. 18 And this is an attempt to do something about 19 that. 20 I must have been more eloquent last 21 year, because you voted for it, Senator. But 22 I understand a year can give you some time to 23 reflect on something. 24 I think this is a good piece of 25 legislation. It's a solid piece of

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(518) 371-8910 1 legislation. Our goals are pure. We hope to 2 save lives -- not only people who are outside 3 the car, but those teenagers who are in the 4 car also. So I'm strongly in favor of this 5 legislation, as you can understand. 6 ACTING PRESIDENT GRIFFO: Senator 7 Hassell-Thompson, on the bill. 8 SENATOR HASSELL-THOMPSON: Thank 9 you, Mr. President. Just very briefly. 10 One of the reasons that this is a 11 program bill out of Westchester County is 12 because of the number of young people who have 13 been killed in automobile accidents in our 14 county. 15 My concern, and the reason that I 16 support this bill, is that even though many 17 times we think that having a designated driver 18 is enough, when young people are drinking in 19 the car, certain activities within the car -- 20 hassling and horseplay in the car -- have 21 caused accidents. 22 And so that what we're attempting 23 to do with this bill is to make sure that 24 there is no drinking under the age of 21, 25 because once -- and we can talk about whether

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(518) 371-8910 1 young people are responsible enough to do 2 whatever. But once they have been drinking, 3 their responsible behavior sometimes goes out 4 of the window. 5 And so this bill gets my support 6 because it speaks to the numbers of incidences 7 that have occurred in our county and in this 8 state where young people who have been 9 drinking have been the cause of accidents even 10 when the driver was not drinking. 11 And so that I think that the merits 12 of this bill are very important, and I don't 13 want that to get lost in this discussion. So 14 I will be voting in the affirmative. 15 Thank you, Mr. President. 16 ACTING PRESIDENT GRIFFO: Is 17 there any other Senator wishing to be heard? 18 Senator Fuschillo. 19 SENATOR FUSCHILLO: Mr. 20 President, thank you very much. Just on the 21 bill. 22 I want to compliment my colleague 23 Senator Leibell for bringing this to the 24 floor. 25 You know, in 2006 there were 55,000

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(518) 371-8910 1 DWIs and DUI arrests here in New York State, 2 and I think 558 fatalities. The number-one 3 cause of death in this country for kids 4 between 16 and 25 is car accidents. And when 5 there's alcohol in it, the numbers increase. 6 Driving drunk and being arrested in 7 this country is a tolerated crime. That's 8 right, you heard me, a tolerated crime. 9 Because every time there's an arrest or a 10 fatality, there should be an outrage in 11 society. 12 You know, that car becomes a 13 weapon, 2,000 pounds or more, and there should 14 be no distinction between the weapon. And 15 then when you're behind the wheel of that car 16 drunk, or if you're a passenger in that car 17 drunk, there should be no distinction as well. 18 I'm proud to support this bill, 19 Mr. President. I compliment my colleague 20 Senator Leibell. 21 Thank you. 22 ACTING PRESIDENT GRIFFO: Thank 23 you, Senator Fuschillo. 24 Is there any other Senator wishing 25 to be heard?

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(518) 371-8910 1 The debate is closed. 2 The Secretary will ring the bell. 3 Read the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the first of 6 November. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT GRIFFO: Senator 11 Diaz. 12 Can I have order in the chamber, 13 please. Members please take their seats. 14 Senator Diaz, to explain his vote. 15 SENATOR DIAZ: Thank you, 16 Mr. President. 17 I believe that a driver of a car 18 above 21 years old, if that driver is in a 19 possession of an alcoholic beverage, their 20 license should be suspended. I agree with 21 that. 22 To punish a passenger, a young 23 person of 20 years old, 18 years, 19 years old 24 who happens to be a passenger with a beer, and 25 not do the same thing to an adult who is

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(518) 371-8910 1 23 years old or 25 years old, is something too 2 much to swallow. 3 I mean, if you want to punish 4 anybody, you want to stop drinking, let's do 5 it to everybody. Anybody in the car -- 6 ACTING PRESIDENT GRIFFO: Can we 7 have order in the chamber, please, out of 8 respect for our speaker. 9 Senator Diaz, you may continue. 10 SENATOR DIAZ: Thank you. 11 Anyone in a car, any passenger 12 under 21 or above 21 that has liquor, their 13 driver's license should be suspended. But to 14 do that only, to suspend the driver's license 15 only to a passenger in a car who is under 21 16 and not do the same to a passenger who is 17 above 21, I cannot support something like 18 that. 19 This is discrimination. It's a 20 wrong message that we're sending to our youth. 21 I will not support it. I'm sorry that people 22 don't get it, but I'm voting against. 23 And I knew -- and I knew -- and I 24 knew that Hassell-Thompson would vote any 25 which way against me.

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(518) 371-8910 1 (Laughter.) 2 ACTING PRESIDENT GRIFFO: Senator 3 Diaz to be recorded in the negative. 4 Announce the results. 5 THE SECRETARY: Those recorded in 6 the negative on Calendar Number 1093 are 7 Senators Adams, Diaz, Parker, Perkins and 8 Sampson. 9 Absent from voting: Senator 10 Connor. 11 Ayes, 55. Nays, 5. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 Senator Skelos, that completes the 15 controversial reading of the calendar. 16 SENATOR SKELOS: Thank you, 17 Mr. President. 18 Is there any further business at 19 the desk? 20 ACTING PRESIDENT GRIFFO: There 21 is none. 22 SENATOR SKELOS: There being 23 none, I move we stand adjourned until Tuesday, 24 May 20th, at 3:00 p.m. 25 ACTING PRESIDENT GRIFFO: On

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(518) 371-8910 1 motion, the Senate stands adjourned until 2 Tuesday, May 20th, at 3:00 p.m. 3 (Whereupon, at 4:06 p.m., the 4 Senate adjourned.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910