Regular Session - March 23, 2010

                                                            1872



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    March 23, 2010

        11                       4:10 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR CRAIG M. JOHNSON, Acting President

        19  ANGELO J. APONTE, Secretary

        20

        21

        22

        23

        24

        25



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         1                 P R O C E E D I N G S

         2                  ACTING PRESIDENT JOHNSON:    The

         3       Senate will please come to order.

         4                  I ask everyone to rise and recite

         5       with me the Pledge of Allegiance to our Flag.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  ACTING PRESIDENT JOHNSON:    In the

         9       absence of clergy, may we all bow our heads in

        10       a moment of silence.

        11                  (Whereupon, the assemblage

        12       respected a moment of silence.)

        13                  ACTING PRESIDENT JOHNSON:    The

        14       reading of the Journal.

        15                  The Secretary will read.

        16                  THE SECRETARY:    In Senate,

        17       Monday, March 22, the Senate met pursuant to

        18       adjournment.  The Journal of Sunday, March 21,

        19       was read and approved.  On motion, Senate

        20       adjourned.

        21                  ACTING PRESIDENT JOHNSON:

        22       Without objection, the Journal stands approved

        23       as read.

        24                  Presentation of petitions.

        25                  Messages from the Assembly.



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         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 Klein.

         8                  SENATOR KLEIN:    Mr. President, I

         9       believe there's a resolution at the desk by

        10       Senator Sampson.  I ask that the title of the

        11       resolution be read and move for its immediate

        12       adoption.

        13                  ACTING PRESIDENT JOHNSON:

        14       Senator Klein, has this resolution been deemed

        15       privileged and submitted by the office of the

        16       Temporary President?

        17                  SENATOR KLEIN:    Yes, it has,

        18       Mr. President.

        19                  ACTING PRESIDENT JOHNSON:    The

        20       Secretary will read.

        21                  THE SECRETARY:    By Senator

        22       Sampson, legislative resolution commemorating

        23       the 50th anniversary of the United Federation

        24       of Teachers.

        25                  ACTING PRESIDENT JOHNSON:



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         1       Senator Sampson.

         2                  SENATOR SAMPSON:    Thank you very

         3       much, Mr. President.

         4                  I just rise and I just want to

         5       thank my friend and partner, the president of

         6       UFT, Michael Mulgrew, for his leadership and

         7       commitment to improving the quality of

         8       education for all New Yorkers.

         9                  His desire to continue in the work

        10       of Charles Cogen, Albert Shanker, Sandy

        11       Feldman, and Randi Weingarten has been nothing

        12       less than stellar.  Mike had some big shoes to

        13       fill, and he's done an extraordinary job.

        14                  Some people think of the UFT as --

        15       when they talk about UFT, some might think of

        16       it in the political sense, but I think of it

        17       more from the personal sense, being that my

        18       mother was a UFT paraprofessional.  And I grew

        19       up in a union household to understand the most

        20       important thing, the commitment to a union

        21       body.

        22                  But most of all, I'm a person who

        23       attended all public institutions with respect

        24       to educating myself.  And I have the privilege

        25       to represent a public institution in the



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         1       New York State Senate today.

         2                  And at every twist and turn in my

         3       life, there was a teacher, a mentor, a school

         4       aide like my mother who made the difference

         5       and who I give the credit for putting me in

         6       the position I'm here today.

         7                  For 50 years, UFT has been a strong

         8       voice and a tireless advocate for educators,

         9       students, and parents.  During its decades of

        10       service, the UFT has put people through

        11       school, improved our schools, and given

        12       parents and students greater input into how

        13       our schools operate.

        14                  We all know this is an extremely

        15       difficult year and we have to make difficult

        16       decisions.  We need to balance our checkbook

        17       like we are asking the public to balance their

        18       checkbook.  However, we still have to make

        19       sure that we provide our students -- but most

        20       of all, the ones that we love -- an education

        21       that is second to none.  And with the help of

        22       UFT, we have been doing that for many, many

        23       years.

        24                  So I just want to congratulate the

        25       UFT on celebrating 50 years of success,



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         1       50 years of dedication, and 50 years of

         2       leadership.  And may they continue to do what

         3       they always have been doing, fighting not only

         4       for the rights of their own union members but

         5       most of all making sure that all our children

         6       throughout the city and throughout the state

         7       have an education that is exemplary.

         8                  Thank you very much, Mr. President.

         9                  ACTING PRESIDENT JOHNSON:    Thank

        10       you very much, Senator Sampson.

        11                  Senator Toby Stavisky.

        12                  SENATOR STAVISKY:    Thank you,

        13       Mr. President.

        14                  I rise as a former member of the

        15       UFT.  I taught in the New York City public

        16       high schools for about six and a half years or

        17       so.

        18                  But my father was a teacher who

        19       retired before the UFT was founded.  And he

        20       taught in the New York City school system, all

        21       on the Lower East Side, for 48 years.  And

        22       when he retired, there was no Social Security

        23       for teachers.  The theory was that they had a

        24       pension and didn't need Social Security.  Men

        25       were paid more than women.  High school



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         1       teachers were paid more than elementary school

         2       teachers, and so on.

         3                  And this demonstrates the progress

         4       that the UFT has made for the working men and

         5       women in our schools, whether they be paras or

         6       teachers or whatever role they play in the

         7       school community.

         8                  And I'm very proud to stand here

         9       today.  My husband received the John Dewey

        10       Award from the UFT back in the 1970s.  And the

        11       UFT has played such an important role in the

        12       lives of all New Yorkers that I am delighted

        13       to congratulate them.  And another 50 years of

        14       progress, because they've been on the leading

        15       edge of progress on progressive issues

        16       throughout our state's history.

        17                  Thank you, Mr. President.

        18                  ACTING PRESIDENT JOHNSON:    Thank

        19       you very much, Senator.

        20                  Senator Diane Savino.

        21                  SENATOR SAVINO:    Thank you,

        22       Mr. President.

        23                  I want to commend Senator Sampson

        24       for introducing this resolution memorializing

        25       the 50th anniversary of the United Federation



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         1       of Teachers.

         2                  Dignity, respect, professionalism,

         3       competitive wages and benefits, due process --

         4       all of the hallmarks of what a union does, all

         5       of those things for teachers in the City of

         6       New York did not exist 50 years ago.

         7                  The United Federation of Teachers

         8       was founded and it grew in a city that did not

         9       respect collective -- or actually did not

        10       grant collective bargaining rights to teachers

        11       or to any other public-sector workers.  But

        12       yet they continued to organize, not just for

        13       their own members, but to improve the schools

        14       and the lives of the children that they

        15       mentored every day.

        16                  The United Federation of Teachers

        17       has a unique place in labor history in

        18       New York State.  It was one of their

        19       strikes -- along with some of the other

        20       public-sector unions in New York City,

        21       including my own -- in 1965 that led finally

        22       to the passage of the Taylor Law.

        23                  And while the Taylor Law sometimes

        24       gets a bad rap, people don't quite understand

        25       it, they have no idea what its predecessor was



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         1       like.  The Condon-Wadlin Act was draconian by

         2       anybody's standards.

         3                  But it was because of the

         4       organizing efforts by the UFT and other unions

         5       at that time to demand dignity, respect,

         6       competitive wages and due process for their

         7       members -- and supporting other working people

         8       in New York to get them -- that we have

         9       collective bargaining rights for public-sector

        10       workers in New York State.

        11                  They also have another very unique

        12       place in history.  You know, we all see them

        13       every day up here in the halls of Albany

        14       advocating on behalf of their members in the

        15       school districts and advocating on behalf of

        16       the children in the programs, so we see the

        17       UFT constantly.

        18                  We forget, though, that at New York

        19       City's darkest moment in the 1970s, when the

        20       city was on the verge of bankruptcy and no one

        21       could figure out how to help the city come out

        22       of it, the president of the United Federation

        23       of Teachers at the time, Al Shanker, joined

        24       with the executive director of District

        25       Council 37, Victor Gotbaum, and along with



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         1       Barry Feinstein from the Teamsters and Wall

         2       Street and our own Lieutenant Governor, Dick

         3       Ravitch, and the governor then, Hugh Carey,

         4       and came up with a plan that saved the City of

         5       New York from bankruptcy and put it on its

         6       path to solvency.

         7                  So the UFT's history in New York is

         8       not just representing workers, advocating for

         9       children, but they have a unique place in

        10       saving the City of New York.  And we know that

        11       they have many ideas to help us save the state

        12       in our fiscal crisis these days.

        13                  So I want to thank Senator Sampson

        14       and congratulate the United Federation of

        15       Teachers on their 50th anniversary.  And a

        16       message to my friend Michael Mulgrew, who is

        17       the new president:  We hope that you have as

        18       much success as president of the UFT as Al

        19       Shanker and all of your predecessors.

        20                  ACTING PRESIDENT JOHNSON:    Thank

        21       you very much, Senator.

        22                  Senator Huntley.

        23                  SENATOR HUNTLEY:    Yes, Mr.

        24       President.  I would like very much to

        25       congratulate Senator Sampson for bringing this



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         1       to us.

         2                  And I must say the UFT has been an

         3       integral part of my life for many, many years,

         4       with my history in schools of being a Parent

         5       Association president, then the President of

         6       the school board and president of the CEC.  So

         7       I go back many, many years with them.

         8                  And I must say, Al Shanker was one

         9       of the finest union presidents that we've ever

        10       seen in history.  And I must say that they

        11       have worked in my community, they still are.

        12                  And every year at my annual

        13       luncheon, I give out an award to a UFT member

        14       which is called the Neil Shanahan Award.  Neil

        15       Shanahan was a teacher in my district who

        16       passed away from cancer, and he worked very

        17       well in the community and with all of our

        18       young people and our parents.  And a great UFT

        19       member.  So every year I honor him by doing

        20       that.

        21                  So again, I want to thank the

        22       Senator for bringing this.  And I wish the UFT

        23       a lot of luck, and we'll continue to work

        24       together.

        25                  Thank you.



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         1                  ACTING PRESIDENT JOHNSON:    Thank

         2       you, Senator.

         3                  Senator Marcellino.

         4                  SENATOR MARCELLINO:    Thank you,

         5       Mr. President.

         6                  I too rise as a former member of

         7       the United Federation of Teachers.  And I can

         8       remember back to 1967 when I graduated from

         9       college, from graduate school, and went into

        10       teaching.  And my father said to me, he says?

        11       "You're going to go out and you're going to

        12       become a teacher," and he said, "There's a

        13       great union that's involved in the teachers

        14       and involved with the teachers in making the

        15       profession respected and setting up proper

        16       standards."

        17                  My father was a member of Local 3

        18       of the electricians union and would not

        19       tolerate his son even considering not joining

        20       the union and not being part of that union.

        21                  I had many opportunities to meet

        22       with Al Shanker during those days.  He would

        23       visit our high school, Grover Cleveland High

        24       School, many times during the various strikes.

        25                  My first year of teaching, I went



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         1       on strike -- I had a job for three days and I

         2       went on strike under the Condon-Wadlin Act,

         3       before the Taylor Law, which basically said

         4       the minute you went on strike as a public

         5       employee, you were terminated.  That was it.

         6                  And we went out, and Al came to the

         7       school in a meeting.  And everybody was a bit

         8       nervous.  We weren't too happy with this

         9       concept of being out of work.  After all, we

        10       were making all of $5200 a year, paid monthly

        11       in those days.  By the end of the month, if

        12       you had $2 in your pocket, you had a lot of

        13       money.

        14                  But Al came to us and he basically

        15       said, he said, "Have no fear."  He says,

        16       "We're going to prevail.  We're not going to

        17       allow the city to treat us like dirt.  They're

        18       going to pay us a living wage.  They're going

        19       to respect the profession as a profession.

        20       We're going to set some ground rules and some

        21       rules of work so that nobody can be abused and

        22       that you'll be treated like human beings

        23       instead of chattel."

        24                  And it worked out that way.  It all

        25       worked out for the good.



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         1                  I can't help but wonder what Al

         2       would say today if he was to come here in the

         3       times we're in now and read the budget

         4       resolution that was passed here the other day

         5       which cut $1.4 billion out of education.  I

         6       have a feeling the halls of this Capitol would

         7       be reverberating with the sound of his voice.

         8       He would not accept it mildly, and he would

         9       not have accepted it kindly.  He would have

        10       railed against it.

        11                  Hopefully we will get and obviously

        12       we will get past these times.  Hopefully

        13       calmer heads and saner heads will prevail and

        14       those cuts will not stand.  Because they would

        15       in fact be devastating to education as we know

        16       it.

        17                  So I thank Senator Sampson for

        18       bringing this resolution forward.  I am

        19       pleased to vote for it.  The UFT is an

        20       honorable organization, and many of its -- all

        21       of its leaders I have respected.  And I have

        22       had the opportunity, since Mr. Shanker, to

        23       meet with each and every one of them -- fine

        24       people all, with the best of intentions for

        25       not only the teachers but for public at large



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         1       and the students they serve.

         2                  So, Mr. President, thank you for

         3       hearing me, and I vote aye on this resolution.

         4                  ACTING PRESIDENT JOHNSON:    Thank

         5       you very much, Senator Marcellino.

         6                  Senator Montgomery.

         7                  SENATOR MONTGOMERY:    Thank you,

         8       Mr. President.

         9                  I rise to also express my

        10       commendation to the UFT and thank my leader

        11       Senator Sampson for introducing this

        12       resolution.  And I would like to just add to

        13       what my colleagues have said about the work of

        14       the union in organizing and representing

        15       teachers.

        16                  But very personally, I want to

        17       thank the teachers, especially those that work

        18       so hard to mold and shape young people in our

        19       city.  It is so difficult.  And I know this

        20       because my son was in public school all of his

        21       school life.  And it was always amazing to me

        22       how teachers were able to be in a classroom

        23       with 25, 28, 30 children, young children, and

        24       somehow still be able to work and be

        25       successful in helping them transition from not



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         1       being able to read to being able to read and

         2       to being able to function at a higher and

         3       higher level.

         4                  And so I have a lot of respect for

         5       what teachers do.  And certainly this is very,

         6       very important that we recognize them for the

         7       work that they do.  And I thank them

         8       personally and professionally and in every

         9       other way for what they have done for my son

        10       and so many other children and young people

        11       who are in our public school system in the

        12       City of New York.

        13                  So, Mr. President, I join my leader

        14       and my colleagues in expressing our

        15       commendation to the UFT and commemorating

        16       their 50th anniversary.  Thank you.

        17                  ACTING PRESIDENT JOHNSON:    Thank

        18       you very much, Senator Montgomery.

        19                  Senator Parker.

        20                  SENATOR PARKER:    Thank you,

        21       Mr. President.

        22                  First let me just commend you on

        23       how wonderful you look up there as the

        24       presiding officer today.  I hope that will

        25       give me a little bit more time to talk about



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         1       this resolution.

         2                  I actually am just rising to add my

         3       voice to those who are commemorating the

         4       United Federation of Teachers today on their

         5       50th anniversary.

         6                  This is really an honor and really

         7       a pleasure for me to get up and just really

         8       thank people who have -- maybe for better or

         9       worse -- made me who I am today.  That both my

        10       mother, being a member of the union for a

        11       period when she was a teacher, and as well as

        12       my being a product of the New York City public

        13       schools, going through P.S. 193, Andres Junior

        14       High School, and Midwood High School, the UFT

        15       and its members have helped in my personal

        16       development.

        17                  But as we look at one of the finest

        18       educational systems in the entire country, the

        19       UFT has been an important part of that,

        20       educating, as we speak, 1.1, 1.2 million

        21       schoolchildren.  And in developing important

        22       programs like Dial A Teacher that help people

        23       with their homework after school, they have

        24       made sure that teachers are given both the

        25       wages, dignity and respect in the field that



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         1       they are operating in.

         2                  These are the folks who are the

         3       real caretakers of our children day to day.

         4       And certainly taking a moment out in our

         5       deliberations to honor their 50-year

         6       anniversary and their accomplishments, and

         7       just to say thank you to all the teachers in

         8       all of our lives, I think is worth doing.

         9                  And so "hear, hear," to all of the

        10       teachers of the UFT.

        11                  ACTING PRESIDENT JOHNSON:    Thank

        12       you very much, Senator Parker.

        13                  Are there any other Senators that

        14       wish to be heard on the resolution?

        15                  The question is on the resolution.

        16       All those in favor please signify by saying

        17       aye.

        18                  (Response of "Aye.")

        19                  ACTING PRESIDENT JOHNSON:

        20       Opposed, nay.

        21                  (No response.)

        22                  ACTING PRESIDENT JOHNSON:    The

        23       resolution is adopted.

        24                  Senator Sampson has indicated he

        25       would like to open the resolution to the



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         1       entire body for cosponsorship.  Any Senator

         2       wishing not to be a cosponsor please notify

         3       the desk.

         4                  Senator Klein.

         5                  SENATOR KLEIN:    Mr. President, I

         6       believe there's a resolution at the desk by

         7       Senator Serrano.  I ask that the resolution be

         8       read in its entirety and move for its

         9       immediate adoption and give Senator Serrano

        10       the opportunity to speak on his resolution.

        11                  ACTING PRESIDENT JOHNSON:

        12       Senator Klein, has the resolution been deemed

        13       privileged and submitted by the office of the

        14       Temporary President?

        15                  SENATOR KLEIN:    Yes, it has,

        16       Mr. President.

        17                  ACTING PRESIDENT JOHNSON:    The

        18       Secretary will read.

        19                  THE SECRETARY:    By Senator

        20       Serrano, legislative resolution memorializing

        21       Governor David A. Paterson to declare

        22       8:30 p.m. on Saturday, March 27, 2010, as

        23       Earth Hour in the State of New York.

        24                  "WHEREAS, It is the sense of this

        25       Legislative Body to increase public awareness



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         1       of and appreciation for the natural resources

         2       of this great Empire State, as well as

         3       recognize the role all citizens have in

         4       protecting the environment and the quality of

         5       life within New York; and

         6                  "WHEREAS, On Earth Hour, cities

         7       across the world ask their residents and

         8       businesses to turn off all nonessential lights

         9       for one hour in a collective show of action

        10       against global warming; and

        11                  "WHEREAS, This year, cities ranging

        12       from Suva, Fiji, to Chicago, Illinois, from

        13       Tel Aviv, Israel, to Copenhagen, Denmark, have

        14       pledged to observe Earth Hour; and

        15                  "WHEREAS, New York State should

        16       take its place among these world sites and

        17       give a strong show of support for this

        18       symbolic action that will have the real effect

        19       of lowering the state's carbon emissions and

        20       environmental impact; and

        21                  "WHEREAS, Having iconic sites such

        22       as the Empire State Building, the Capitol, the

        23       Executive Mansion and Niagara Falls go dark

        24       will have a deep and meaningful impact to

        25       people around the world.  The time for action



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         1       on global warming has come, and although Earth

         2       Hour is not the solution to the problem, it is

         3       a real start and will play an important role

         4       in galvanizing support to combat the dire

         5       threat our planet faces; now, therefore, be it

         6                  "RESOLVED, That this Legislative

         7       Body pause in its deliberations to memorialize

         8       Governor David A. Paterson to declare 8:30

         9       p.m. on Saturday, March 27, 2010, as Earth

        10       Hour in the State of New York; and be it

        11       further

        12                  "RESOLVED, That a copy of this

        13       resolution, suitably engrossed, be transmitted

        14       to the Honorable David A. Paterson, Governor

        15       of the State of New York."

        16                  ACTING PRESIDENT JOHNSON:

        17       Senator Serrano.

        18                  SENATOR SERRANO:    Thank you,

        19       Mr. President.  Thank you, Senator Klein.

        20                  Today I'm introducing a very

        21       important resolution for the third year in a

        22       row.  This resolution will declare this

        23       Saturday, March 27th, at 8:30 p.m. as Earth

        24       Hour.

        25                  Earth Hour is a globally observed



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         1       hour conceived as a statement of action

         2       against global climate change.  It calls upon

         3       people from all over the world to turn off

         4       their nonessential lights for one hour.

         5                  Last year nearly 2,400 cities,

         6       towns, and municipalities in over 83 countries

         7       observed Earth Hour.  This year, cities

         8       ranging from Tel Aviv, Israel, to Copenhagen,

         9       Denmark, have already pledged to observe Earth

        10       Hour.

        11                  By flipping the switch for one hour

        12       and turning off their nonessential lights,

        13       citizens around the world signify that they

        14       understand the urgency of climate change and

        15       are prepared to tackle the challenge head-on.

        16                  Actions taken by our state have

        17       both a symbolic effect and a very tangible

        18       effect on the rest of the world.  According to

        19       Environmental Advocates of New York, our state

        20       is the 8th largest emitter of greenhouse gases

        21       in the country, rivalling the output of some

        22       European nations.  To put that in perspective,

        23       the very first Earth Hour, in Sydney,

        24       Australia, had the same effect as taking a

        25       whopping 48,000 cars off the road for that one



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         1       hour.

         2                  Last year, at my request, the

         3       Empire State Building and a number of other

         4       cities went dark for an hour.  It is my hope

         5       that participation will be even greater this

         6       year and that all of my colleagues here today

         7       will join me in helping to increase

         8       participation within their own districts and

         9       surrounding neighborhoods.

        10                  I am proud to have received

        11       numerous cosponsors from both sides of the

        12       aisle on this very important resolution.  And

        13       I hope that you will join me in support as we

        14       declare 8:30 p.m., March 27, 2010, as Earth

        15       Hour throughout the great State of New York.

        16                  Thank you, Mr. President.

        17                  ACTING PRESIDENT JOHNSON:    Thank

        18       you very much, Senator Serrano.

        19                  Are there any other Senators that

        20       wish to be heard on the resolution?

        21                  The question is on the resolution.

        22       All those in favor please signify by saying

        23       aye.

        24                  (Response of "Aye.")

        25                  ACTING PRESIDENT JOHNSON:



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         1       Opposed, nay.

         2                  (No response.)

         3                  ACTING PRESIDENT JOHNSON:    The

         4       resolution is adopted.

         5                  Senator Serrano has indicated that

         6       he would like to open the resolution to the

         7       entire body for cosponsorship.  Any Senator

         8       wishing not to be a cosponsor please notify

         9       the desk.

        10                  Senator Klein.

        11                  SENATOR KLEIN:    Mr. President, I

        12       believe there's a resolution at the desk by

        13       Senator Parker.  I ask that the title of the

        14       resolution be read and move for its immediate

        15       adoption.

        16                  ACTING PRESIDENT JOHNSON:

        17       Senator Klein, has the resolution been deemed

        18       privileged and submitted by the office of the

        19       Temporary President?

        20                  SENATOR KLEIN:    Yes, it has,

        21       Mr. President.

        22                  ACTING PRESIDENT JOHNSON:    The

        23       Secretary will read.

        24                  THE SECRETARY:    By Senator

        25       Parker, legislative resolution memorializing



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         1       Governor David A. Paterson to proclaim

         2       March 23, 2010, as American Diabetes

         3       Association Alert Day in the State of

         4       New York, in conjunction with the 22nd

         5       American Diabetes Association Alert Day.

         6                  ACTING PRESIDENT JOHNSON:

         7       Senator Parker.

         8                  SENATOR PARKER:    Thank you,

         9       Mr. President.

        10                  This resolution would ask Governor

        11       Paterson to proclaim March 23, 2010, as

        12       American Diabetes Association Alert Day in the

        13       State of New York, in conjunction with the

        14       22nd American Diabetes Alert Day.

        15                  It really serves as a wake-up call

        16       asking the American public:  What would you do

        17       to stop diabetes?  Do you know your risk?  And

        18       what are things that are available to people

        19       in the community to make sure we fight

        20       diabetes?

        21                  This debilitating disease is, you

        22       know, prevalent throughout our societies,

        23       particularly as we talk about the issues

        24       around childhood obesity that oftentimes very

        25       much is connected to also the issues of



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         1       diabetes.

         2                  I've had a number of family

         3       members, including my mom, who suffers from

         4       diabetes.  I often say that with diabetes,

         5       dying is not even the worst thing that can

         6       happen to you.  You literally see people

         7       physically waste away and have parts of their

         8       bodies removed.  And certainly this is

         9       something that we ought to be aware of and

        10       combat.

        11                  That's the bad news.  The good news

        12       is that in both Type 1 and Type 2 diabetes,

        13       that these illnesses can be prevented and

        14       sometimes even reversed with our own behavior.

        15                  Diabetes is a serious disease that

        16       strikes nearly 24 million children and adults

        17       in the United States.  An additional

        18       57 million, or one in five Americans, have

        19       prediabetes, which puts them at a high risk

        20       for developing Type 2 diabetes.

        21                  This silent killer must be stopped.

        22       And so I hope that my colleagues will join in

        23       this resolution and that they will spread the

        24       word about diabetes and the fact that we in

        25       fact need to organize ourselves in our own



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         1       communities to stop this silent killer.

         2                  Thank you, Mr. President.

         3                  ACTING PRESIDENT JOHNSON:    Thank

         4       you, Senator Parker.

         5                  Senator DeFrancisco.

         6                  SENATOR DeFRANCISCO:    I think

         7       this is a wonderful resolution, and it shows

         8       the support for trying to cure a very, very

         9       serious disease and showing support for those

        10       who are afflicted with it.

        11                  I think there's another way and I

        12       think a much more productive way to do the

        13       same thing.  And that is Senate Bill 1492A,

        14       that I sponsor, provides for, on a tax return,

        15       a voluntary check-off for donations to help

        16       cure diabetes to the Diabetes Association.

        17                  Right now there are five other

        18       organizations that are allowed voluntary

        19       check-offs on our tax returns, and this would

        20       be a wonderful bill to supplement a resolution

        21       that states the goals of the State of

        22       New York.

        23                  And what's really good about this

        24       bill is that the Assembly has already passed

        25       it.  The Assembly has already passed it.  It



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         1       could become a law and we could do something

         2       substantive with respect to this disease.

         3                  So I would urge my colleagues on

         4       the majority side of the aisle to pick this

         5       bill up and -- keep the same name as sponsor,

         6       though; that would be a good idea -- and then

         7       pass the bill so we can make this law.

         8                  Thank you.

         9                  ACTING PRESIDENT JOHNSON:    Thank

        10       you very much, Senator DeFrancisco.

        11                  Are there any other Senators that

        12       wish to be heard on the resolution?

        13                  The question is on the resolution.

        14       All those in favor please signify by saying

        15       aye.

        16                  (Response of "Aye.")

        17                  ACTING PRESIDENT JOHNSON:

        18       Opposed, nay.

        19                  (No response.)

        20                  ACTING PRESIDENT JOHNSON:    The

        21       resolution is adopted.

        22                  Senator Parker has indicated that

        23       he would like to open the resolution to the

        24       entire body for cosponsorship.  Any Senator

        25       wishing not to be a cosponsor please notify



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         1       the desk.

         2                  Senator Klein.

         3                  SENATOR KLEIN:    Mr. President, at

         4       this time I move we adopt the Resolution

         5       Calendar in its entirety, with the exception

         6       of Senate Resolutions 3910 and 4312.

         7                  ACTING PRESIDENT JOHNSON:    All

         8       those in favor of adopting the Resolution

         9       Calendar, with the exception of Senate

        10       Resolutions 3910 and 4312, please signify by

        11       saying aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT JOHNSON:

        14       Opposed, nay.

        15                  (No response.)

        16                  ACTING PRESIDENT JOHNSON:    The

        17       Resolution Calendar is adopted.

        18                  Senator Klein.

        19                  SENATOR KLEIN:    Mr. President, I

        20       move to take up Senate Resolution 3910, by

        21       Senator Foley.  I ask that the resolution be

        22       read in its entirety and move for its

        23       immediate adoption.

        24                  ACTING PRESIDENT JOHNSON:    The

        25       Secretary will read.



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         1                  THE SECRETARY:    By Senator Foley,

         2       Legislative Resolution Number 3910,

         3       recognizing the many contributions of the

         4       Pakistani-American community residing

         5       throughout the State of New York.

         6                  "WHEREAS, It is the sense of this

         7       Legislative Body, in keeping with its

         8       time-honored traditions, to recognize and pay

         9       tribute to those organizations which foster

        10       ethnic pride and enhance the profile of

        11       cultural diversity which strengthens the

        12       fabric of the communities of New York State;

        13       and

        14                  "WHEREAS, Attendant to such

        15       concern, and in full accord with its

        16       long-standing traditions, this Legislative

        17       Body is justly proud to recognize the many

        18       contributions of the Pakistani-American

        19       community residing throughout the State of

        20       New York; and

        21                  "WHEREAS, Under the direction of

        22       President Shahid Ali Khan, the mission of the

        23       Pakistani-American Association of North

        24       America is to operate exclusively in the

        25       pursuit of charitable purposes for the



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         1       Pakistani-American community of North America

         2       by promoting understanding of

         3       Pakistani-American culture and fostering its

         4       integration in the great American democracy

         5       and culture; providing monetary aid and relief

         6       during natural disasters, such as hurricanes,

         7       earthquakes, economic depressions, and other

         8       difficult circumstances; providing discussion

         9       groups, lectures, and seminars on voting

        10       rights, housing rights, and civil rights;

        11       establishing a forum for interfaith dialogues

        12       among Muslim, Christian, Jewish, Hindu, and

        13       Buddhist Americans; defending human and civil

        14       rights secured by law, and eliminating

        15       prejudice and discrimination; and

        16                  "WHEREAS, In addition, the

        17       Pakistani-American Association of North

        18       America has encouraged Pakistani-American

        19       people to first register and then vote at

        20       election time; and

        21                  "WHEREAS, The members have donated

        22       turkeys to many churches during the

        23       Thanksgiving season, helping to feed the

        24       needy; and

        25                  "WHEREAS, It is the custom of this



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         1       Legislative Body that when organizations of

         2       such noble aims and accomplishments are

         3       brought to our attention, they should be

         4       celebrated and recognized by all the citizens

         5       of this great Empire State; now, therefore, be

         6       it

         7                  "RESOLVED, That this Legislative

         8       Body pause in its deliberations to recognize

         9       the many contributions of the Pakistani-

        10       American community residing throughout the

        11       State of New York, to welcome its members to

        12       the Capitol in Albany, New York, on March 23,

        13       2010, and to memorialize Governor David A.

        14       Paterson to proclaim Tuesday, March 23, 2010,

        15       as Pakistani-American Day in the State of

        16       New York; and be it further

        17                  "RESOLVED, That copies of this

        18       resolution, suitably engrossed, be transmitted

        19       to Shahid Ali Khan, president,

        20       Pakistani-American Association of North

        21       America, and the Honorable David A. Paterson,

        22       Governor of the State of New York."

        23                  ACTING PRESIDENT JOHNSON:

        24       Senator Foley.

        25                  SENATOR FOLEY:    Thank you,



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         1       Mr. President.

         2                  It's my great honor to host today

         3       the Pakistani-American Association of North

         4       America.  They're here with us in the gallery.

         5       As was mentioned, their president, Shahid

         6       Khan, is with us, along with a number of other

         7       notable Pakistani-Americans, particularly from

         8       Long Island.

         9                  As was mentioned, this civic group

        10       is comprised of small-business owners and

        11       other professionals seeking to improve the

        12       lives of Pakistani-Americans on Long Island

        13       and across New York State.  It's my great good

        14       fortune to work with them over the past

        15       several years.

        16                  I think the emphasis on interfaith

        17       dialogue as well as their active participation

        18       in our democracy speaks to the genius of our

        19       country and the inspiration that our country

        20       has across this world, where men and women

        21       come from other shores to come to America to

        22       do better for their families and to

        23       participate in the American dream.

        24                  And I can think of no better

        25       example than the Pakistani-American community



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         1       who are here with us today celebrating their

         2       day here as part of our democracy.  And we

         3       welcome you today, as America welcomes the

         4       many great contributions that your community

         5       gives us on a daily, monthly, and yearly

         6       basis.

         7                  Thank you, Mr. President.

         8                  ACTING PRESIDENT JOHNSON:    Thank

         9       you very much, Senator Foley.

        10                  Are there any other Senators that

        11       wish to be heard on the resolution?

        12                  The question is on the resolution.

        13       All those in favor please signify by saying

        14       aye.

        15                  (Response of "Aye.")

        16                  ACTING PRESIDENT JOHNSON:

        17       Opposed, nay.

        18                  (No response.)

        19                  ACTING PRESIDENT JOHNSON:    The

        20       resolution is adopted.

        21                  Senator Foley has indicated he

        22       would like to open the resolution to the

        23       entire body for cosponsorship.  Any Senator

        24       wishing not to be a cosponsor please notify

        25       the desk.



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         1                  Senator Klein.

         2                  SENATOR KLEIN:    Mr. President, at

         3       this time can we take up Senate Resolution

         4       4312, by Senator Stachowski.  I ask that the

         5       resolution be read in its entirety and move

         6       for its immediate adoption.

         7                  ACTING PRESIDENT JOHNSON:    The

         8       Secretary will read.

         9                  THE SECRETARY:    By Senator

        10       Stachowski, Legislative Resolution Number

        11       4312, honoring Ryan Miller upon the occasion

        12       of his designation as the Most Valuable Player

        13       of the Olympic Hockey Tournament at the 2010

        14       Winter Olympics in Vancouver, British

        15       Columbia.

        16                  "WHEREAS, It is the sense of this

        17       Legislative Body to extend its full

        18       recognition and grateful tribute to the

        19       outstanding athletes of New York State who

        20       have dedicated their purposeful lives to

        21       athletic achievement and proudly represented

        22       their great state and nation in Olympic

        23       competition; and

        24                  "WHEREAS, This Legislative Body is

        25       justly proud to join the community of Buffalo,



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         1       New York, in honoring a young man of great

         2       skill, personal courage, and unparalleled

         3       dedication, whose career and athletic

         4       achievements are world-renowned and personify

         5       the highest ideals of the American spirit and

         6       Olympic competition; and

         7                  "WHEREAS, Born July 17, 1980, in

         8       East Lansing, Michigan, Ryan Miller of the

         9       Buffalo Sabres in the National Hockey League

        10       grew up in East Lansing, Michigan, and

        11       graduated from East Lansing High School and

        12       Michigan State University; and

        13                  "WHEREAS, As a college player for

        14       the Michigan State University Spartans, Ryan

        15       Miller set an NCAA record with 26 career

        16       shutouts and was the winner of the Hobey Baker

        17       Award in 2001.  He is only the second Spartan

        18       in history to win the Hobey Baker Award; and

        19                  "WHEREAS, At Michigan State, Ryan

        20       Miller was the CCHA's Goaltender of the Year

        21       all three of his seasons and twice was the

        22       league's overall Most Valuable Player when he

        23       led the country in wins, winning percentage,

        24       save percentage, goals-against average and

        25       shutouts.  He was also the 2001 Big Ten-Jesse



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         1       Owens Men's Athlete of the Year; and

         2                  "WHEREAS, Ryan Miller was selected

         3       as starting goalie for the United States of

         4       America in the 2010 Winter Olympics in

         5       Vancouver.  Although the United States team

         6       was not a medal favorite, he led the team to a

         7       perfect 5-0 start, including a 5-3 win over

         8       gold-medal favorite Canada in the preliminary

         9       round, where he rendered a stellar performance

        10       in stopping 42 of 45 shots; and

        11                  "WHEREAS, The five wins in the 2010

        12       Olympic ice hockey competition, including

        13       victories over Switzerland and Finland in the

        14       quarterfinals and semifinals respectively,

        15       brought the Miller-led United States team to

        16       the gold-medal game, where they faced the

        17       favored Canadian team for the second time.

        18       The United States lost the gold-medal game by

        19       a score of 3-2 in overtime despite Miller's

        20       brilliant 36 saves; and

        21                  "WHEREAS, Ryan Miller's United

        22       States Olympic hockey team won the silver

        23       medal, and he was named the Most Valuable

        24       Player of the tournament, with a save

        25       percentage of 0.946, and an American Olympic



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         1       record goals-against average of 1.35.  Along

         2       with being honored as the MVP, he won IHF Best

         3       Goaltender honors and was named to the Olympic

         4       All-Star team; and

         5                  "WHEREAS, Many will only dream of

         6       competing in the Olympic Games.  This gifted

         7       athlete from this great Empire State, through

         8       hard work and a tenacious spirit, has made

         9       that vision a reality.  He has proudly

        10       represented his country in competition among

        11       the world's finest athletes, an honor that

        12       gives just cause for his family, community and

        13       state to be exceedingly proud of his athletic

        14       achievements; now, therefore, be it

        15                  "RESOLVED, That this Legislative

        16       Body pause in its deliberations with praise

        17       and pride to honor Ryan Miller upon the

        18       occasion of his designation as the Most

        19       Valuable Player of the Olympic Hockey

        20       Tournament at the 2010 Winter Olympic Games in

        21       Vancouver, British Columbia; and be it further

        22                  "RESOLVED, That a copy of this

        23       resolution, suitably engrossed, be transmitted

        24       to Ryan Miller."

        25                  ACTING PRESIDENT JOHNSON:



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         1       Senator Stachowski.

         2                  SENATOR STACHOWSKI:    Yes,

         3       Mr. President, I'd just like to rise to say a

         4       few words on the resolution.

         5                  Obviously everybody in the state is

         6       aware of the performance that Ryan Miller did

         7       in the Olympic Games.  To say he was

         8       spectacular is an understatement in this case.

         9       He carried a team that was not favored at all

        10       to be in the final game all the way to the

        11       finals, led them undefeated into that game,

        12       and unfortunately they lost in overtime.

        13                  But Ryan Miller was unbelievable,

        14       recording shutouts, setting a record for

        15       goals-against.  And for the world stage, he

        16       was dominant.  And the fact is Ryan Miller has

        17       been in the main cog in the Sabres' success

        18       this year, and hopefully we'll be able to get

        19       him here right after the Sabres win the

        20       Stanley Cup this year and maybe we'll do a

        21       resolution then naming him the MVP of the

        22       Stanley Cup.  Hopefully, as we in Buffalo hope

        23       that we would win one.

        24                  So I just wanted to take time today

        25       to recognize his accomplishments by this body,



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         1       and the fact that we're very proud of somebody

         2       that plays professionally in Buffalo,

         3       New York, and pretty much lives there now

         4       because of the length of the hockey season.

         5                  And we wish Ryan Miller continued

         6       success.  And hopefully at the next Olympics,

         7       which would be his second -- this was the

         8       first time he was ever chosen for the Olympic

         9       team -- he will be able to get the team all

        10       the way to the Gold Medal.

        11                  So congratulations on the Silver

        12       Medal.  More importantly, congratulations on

        13       an MVP award on a runner-up team, which is not

        14       always the case.  But a spectacular

        15       performance that I thought raised the level of

        16       people's awareness of hockey across the United

        17       States and made all people in every state, but

        18       particularly New York State, proud of the

        19       performance of this particular young man and

        20       the team he played on.

        21                  Thank you.

        22                  ACTING PRESIDENT JOHNSON:    Thank

        23       you very much, Senator Stachowski.

        24                  Senator Little, on the resolution.

        25                  SENATOR LITTLE:    Thank you,



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         1       Mr. President.

         2                  If I may, I would like to join

         3       Senator Stachowski in congratulating Ryan

         4       Miller on his wonderful achievements at the

         5       Olympics.  It was just great fun watching them

         6       play, and tremendous skill, and certainly to

         7       have gone into an overtime in the championship

         8       game was wonderful, winning the Silver Medal.

         9                  I'd also like to point out there

        10       are two other resolutions in our packet today,

        11       one honoring the Olympic skier, Andrew

        12       Weibrecht, of Lake Placid, upon the occasion

        13       of winning a Bronze Medal in downhill skiing,

        14       and a second one honoring Bill Demong of

        15       Vermontville, in the Saranac Lake area, who

        16       after attending his fourth Olympics, and he

        17       was 29 years old -- he had participated in

        18       skiing, and he did the jumping and the

        19       cross-country skiing as well -- but he won a

        20       Gold Medal and a Silver Medal.

        21                  So I'm sure we all join together

        22       being proud of our Olympic athletes, but these

        23       were also included in today's resolutions.

        24                  Thank you.

        25                  ACTING PRESIDENT JOHNSON:    Thank



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         1       you very much, Senator Little.

         2                  Are there any other Senators that

         3       wish to be heard on the resolution?

         4                  The question is on the resolution.

         5       All those in favor please signify by saying

         6       aye.

         7                  (Response of "Aye.")

         8                  ACTING PRESIDENT JOHNSON:

         9       Opposed, nay.

        10                  (No response.)

        11                  ACTING PRESIDENT JOHNSON:    The

        12       resolution is adopted.

        13                  Senator Stachowski has indicated

        14       that he would like to open the resolution to

        15       the entire body for cosponsorship.  Any

        16       Senator wishing not to be a cosponsor please

        17       notify the desk.

        18                  Senator Klein.

        19                  SENATOR KLEIN:    Thank you,

        20       Mr. President.

        21                  At this time can we please take up

        22       Senate Resolution 4102, by Senator Stavisky,

        23       which was previously adopted on March 9th.  I

        24       ask that the title of the resolution be read

        25       and move for its immediate adoption and allow



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         1       Senator Stavisky to speak on her resolution.

         2                  ACTING PRESIDENT JOHNSON:    The

         3       Secretary will read.

         4                  THE SECRETARY:    By Senator

         5       Stavisky, Legislative Resolution Number 4102,

         6       memorializing Governor David A. Paterson to

         7       proclaim April 18 through 24, 2010, as

         8       Osteopathic Medicine Week in the State of

         9       New York, in conjunction with National

        10       Osteopathic Medicine Week and in tribute to

        11       the osteopathic physicians of this state.

        12                  ACTING PRESIDENT JOHNSON:

        13       Senator Stavisky.

        14                  SENATOR STAVISKY:    Thank you,

        15       Mr. President.  And it is good to see you up

        16       there.

        17                  There are about 5,000 osteopathic

        18       doctors in New York State, about 500 in

        19       New York City, and they provide primary care

        20       in underserved areas, for the most part.  They

        21       contribute to the well-being and the health of

        22       our community.

        23                  Very briefly, this resolution does

        24       proclaim April 18 to 24 as Osteopathic

        25       Medicine Week in New York State.  And we are



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         1       here to welcome a group of them to Albany.

         2       They are members and representatives of the

         3       New York State Osteopathic Medical Society,

         4       known as DOs, for doctor of osteopathy.

         5                  But earlier I explained to them

         6       that in the New York State Legislature, "DO"

         7       to us has a different connotation, district

         8       office.  But now we are hearing about a

         9       different kind of DO, where they do provide

        10       service.

        11                  They are here doing currently their

        12       postgraduate training in residency programs

        13       throughout the state, the osteopathic medical

        14       students at the New York College of

        15       Osteopathic Medicine in Old Westbury,

        16       New York, and at the Touro College of

        17       Osteopathic Medicine in Harlem.

        18                  It's interesting to note that the

        19       College of Osteopathy in Old Westbury

        20       graduates about 300 doctors per year, and

        21       Touro will produce about 140 a year.  So this

        22       is a growing segment of our healthcare

        23       community.

        24                  We welcome them to Albany, and we

        25       encourage them, as I said earlier, to please



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         1       stay in New York State and pay taxes and help

         2       us with our budget problems.

         3                  Thank you, Mr. President.

         4                  ACTING PRESIDENT JOHNSON:    Thank

         5       you very much, Senator Stavisky.

         6                  Are there any other Senators

         7       wishing to be heard on this resolution?

         8                  This resolution was unanimously

         9       adopted on March 9th.

        10                  Senator Klein.

        11                  SENATOR KLEIN:    Mr. President,

        12       before I proceed with my motion, I think

        13       congratulations are in order.  One of our

        14       colleagues, Senator Aubertine, is the proud

        15       first-time grandfather of a baby girl.  Let's

        16       give him a big hand, everyone.

        17                  (Applause.)

        18                  SENATOR KLEIN:    Gracie Margaret,

        19       7 pounds, 1 ounce.

        20                  ACTING PRESIDENT JOHNSON:

        21       Congratulations, Senator Aubertine.

        22                  Senator Klein.

        23                  SENATOR KLEIN:    On behalf of

        24       Senator Valesky, I move that the following

        25       bills be discharged from their respective



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         1       committees and be recommitted with

         2       instructions to strike the enacting clause:

         3       Senate Number 3495.

         4                  ACTING PRESIDENT JOHNSON:    So

         5       ordered.

         6                  Senator Klein.

         7                  SENATOR KLEIN:    On behalf of

         8       Senator Smith, Mr. President, I hand up the

         9       following committee notice and ask that it be

        10       filed in the Journal.

        11                  ACTING PRESIDENT JOHNSON:    To be

        12       filed in the Journal.

        13                  Senator Klein.

        14                  SENATOR KLEIN:    Mr. President, is

        15       there any further business at the desk?

        16                  ACTING PRESIDENT JOHNSON:

        17       Senator Klein, the desk is clear.

        18                  SENATOR KLEIN:    There being no

        19       further business, Mr. President, I move that

        20       we adjourn until Wednesday, March 24th, at

        21       3:00 p.m.

        22                  ACTING PRESIDENT JOHNSON:    There

        23       being no further business to come before the

        24       Senate, on motion, the Senate stands adjourned

        25       until Wednesday, March 24th, at 3:00 p.m.



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         1                  (Whereupon, at 4:55 p.m., the

         2       Senate adjourned.)

         3

         4

         5

         6

         7

         8

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