The Senate passed a bill sponsored by Senator Michael Balboni that prohibits flea market vendors from selling cosmetics and other personal items.

"Criminals make a career - and lots of money -- out of stealing small items like makeup and razor blades and reselling them at flea markets," Senator Balboni said. "We all end up paying for their crimes every time we buy these products in a store."

Senator Balboni's bill builds on an existing law prohibiting flea market vendors from selling baby food and non-prescription drugs - which, like cosmetics, become compromised when exposed to sunlight and high temperatures.

The bill defines cosmetics as merchandise other than soap intended to be rubbed, poured, sprinkled, sprayed onto, introduced into or otherwise applied to the human body to cleanse, beautify, promote attractiveness or alter its appearance. Razor blades are included in the definition.

In addition to banning the sale of cosmetics at flea markets, Senator Balboni's bill clarifies ambiguous definitions of "baby food" and "drugs" in the existing law. He said the change is necessary because current wording makes it difficult for police to halt the sale of these items even when they're stolen.

"If we get rid of the incentive to sell stolen goods at flea markets, then we've solved a big problem," Senator Balboni said.

Pilots who climb in the cockpit after a few too many drinks will face stiff penalties if Senator Michael Balboni has his way. And the Senate passed Senator Balboni's bill that makes it a crime to fly an aircraft with a blood alcohol content of .04.

"It's ridiculous that we have no laws that criminalize flying while intoxicated," Senator Balboni said. "It's a crime to drive drunk, snowmobile drunk and boat drunk. Drunken airline pilots literally get a free ride."

State law says you can fly a plane while drunk, but there are no penalties attached. Federal Aviation Administration rules prohibit pilots from operating an aircraft if they have a blood alcohol level of .04, but the FAA doesn't have the authority to charge a drunken pilot with a crime, according to Senator Balboni. The agency can only suspend or revoke a license, and there are no federal laws that criminalize flying while intoxicated.

There is no shortage of examples of flying while intoxicated. In April 2000, a pilot took off from Mattituck, New York and landed on a highway in Maryland that he mistook for a nearby airport, narrowly missing all the traffic. He then pushed his plane to the side of the road and tried to enlist passersby to stop traffic so he could take off again. Three open whiskey bottles were found in the plane.

In July 2002, a pilot and co-pilot for America West Airlines were prevented from boarding their plane in Miami for a flight to Phoenix and subsequently registered .091 and .084 BACs, respectively.

In October 2002, a pilot for Continental Airlines was removed from his Boeing 737 plane for a Houston-to-Orlando flight when he displayed signs of intoxication. Two breath tests administered to the pilot registered .114 and .108 BACs.

According to Senator Balboni, the Federal Aviation Administration reviewed the status of state laws relating to flying while intoxicated. Laws in 23 states contained the three elements the FAA considers to be a fully effective flying while intoxicated program: 1) implied consent to alcohol or drug testing; 2) a blood alcohol content level at which intoxication is presumed; and 3) mandatory reporting of test results to the FAA.

New York State law currently contains none of those elements. Under Senator Balboni's bill, the first violation of flying while intoxicated would result in a misdemeanor punishable by prison of up to a year or a fine between $1,000 and $2,500. Repeat offenders would face higher fines and longer jail time.