Regular Session - April 6, 2005

    

 
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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     April 6, 2005

        11                      11:18 a.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  LT. GOVERNOR MARY O. DONOHUE, President

        19  STEVEN M. BOGGESS, Secretary

        20

        21

        22

        23

        24

        25



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

         2                  THE PRESIDENT:    The Senate will

         3       please come to order.

         4                  I ask everyone present to please

         5       rise and repeat with me the Pledge of

         6       Allegiance.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  THE PRESIDENT:    With us this

        10       morning to give the invocation is Father Edson

        11       J. Wood, O.S.A., United States Corps of Cadets

        12       chaplain at Most Holy Trinity Chapel, in

        13       West Point.

        14                  FATHER WOOD:    Friends, will you

        15       pray with me.

        16                  Almighty God, we pray You guide

        17       this great state and those who lead it, defend

        18       always our liberties, save us from violence

        19       and discord, from pride and arrogance.

        20                  In the time of our prosperity,

        21       temper our self-confidence with thankfulness.

        22       And, in the day of trouble, let our trust in

        23       You never fail.

        24                  Look, too, with Your generous

        25       bounty on West Point, which is to be honored



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         1       here today.  We pray You to make all those who

         2       are associated with her into men and women for

         3       whom "duty, honor, country" becomes and

         4       remains a way of life.

         5                  Let this West Point Day be for all

         6       of us a happy reminder and a serious

         7       challenge, a reminder of past glories and a

         8       challenge to keep our motives pure, our goals

         9       high, and our vision clear.

        10                  Our prayer this day comes from

        11       hearts that are open to You, eternal God.  And

        12       we ask these things in Your name, which is

        13       mighty.

        14                  Amen.

        15                  THE PRESIDENT:    Reading of the

        16       Journal.

        17                  THE SECRETARY:    In Senate,

        18       Tuesday, April 5, the Senate met pursuant to

        19       adjournment.  The Journal of Monday, April 4,

        20       was read and approved.  On motion, Senate

        21       adjourned.

        22                  THE PRESIDENT:    Without

        23       objection, the Journal stands approved as

        24       read.

        25                  Presentation of petitions.



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         1                  Messages from the Assembly.

         2                  Messages from the Governor.

         3                  Reports of standing committees.

         4                  Reports of select committees.

         5                  Communications and reports from

         6       state officers.

         7                  Motions and resolutions.

         8                  Senator Bruno.

         9                  SENATOR BRUNO:    Madam President,

        10       I believe that there is a privileged

        11       resolution at the desk by Senator Larkin.  I

        12       would ask that that resolution be read in its

        13       entirety and move for its immediate passage.

        14                  THE PRESIDENT:    The Secretary

        15       will read.

        16                  THE SECRETARY:    By Senator

        17       Larkin, Legislative Resolution Number 1273,

        18       memorializing Governor George E. Pataki to

        19       proclaim April 6, 2005, as West Point Day in

        20       New York State.

        21                  "WHEREAS, This Legislative Body is

        22       justly proud to celebrate the establishment of

        23       the United States Military Academy at West

        24       Point and to call upon Governor George E.

        25       Pataki to proclaim April 6, 2005, as



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         1       West Point Day in the State of New York; and

         2                  "WHEREAS, By an act of Congress on

         3       March 16, 1802, the United States Military

         4       Academy was established within the borders of

         5       New York State, on the banks of the Hudson

         6       River; and

         7                  "WHEREAS, The Academy and its

         8       graduates are an integral part of the proud

         9       history of this State and Nation; and

        10                  "WHEREAS, The leadership and

        11       sacrifices of the members of the Long Gray

        12       Line have helped this country withstand

        13       countless threats to our cherished democratic

        14       way of life; and

        15                  "WHEREAS, The alumni have excelled

        16       not only on the battlefield but in many fields

        17       of endeavor; and

        18                  "WHEREAS, The Academy continues to

        19       provide our country with able and dedicated

        20       future leaders; and

        21                  "WHEREAS, Its scenic campus is a

        22       mecca each year for thousands of visitors from

        23       across our State, continent and other

        24       countries; and

        25                  "WHEREAS, The United States



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         1       Military Academy is in the forefront of our

         2       state's outstanding institutions of higher

         3       learning; and

         4                  "WHEREAS, Fifty-three years ago the

         5       late James T. McNamara, then a member of the

         6       New York State Assembly and a member of the

         7       Academy's class of 1939, was the author of the

         8       State Legislature's first 'West Point Day'

         9       resolution; and

        10                  "WHEREAS, For decades, our Nation

        11       has enjoyed the legacy of freedom, and the

        12       United States Military Academy at West Point

        13       has played a vitally significant role in the

        14       maintenance of peace and freedom; and

        15                  "WHEREAS, The members of this

        16       Legislative Body are proud to commemorate this

        17       event, marking April 6, 2005, as West Point

        18       Day in the State of New York; now, therefore,

        19       be it

        20                  "RESOLVED, That this Legislative

        21       Body pause in its deliberations to celebrate

        22       the establishment of the United States

        23       Military Academy at West Point and to

        24       memorialize Governor George E. Pataki to

        25       proclaim April 6, 2005, as West Point Day in



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         1       the State of New York; and be it further

         2                  "RESOLVED, That a copy of this

         3       resolution, suitably engrossed, be transmitted

         4       to the Honorable George E. Pataki, Governor of

         5       the State of New York."

         6                  THE PRESIDENT:    Senator Bruno.

         7                  SENATOR BRUNO:    Thank you, Madam

         8       President and colleagues.

         9                  It's really an honor, truly an

        10       honor and a pleasure for me to stand and

        11       welcome you, General, Lieutenant General

        12       William J. Lennox, Jr., as you heard, who has

        13       been in charge, the man in charge since June

        14       of 2001.

        15                  Just think about an accomplishment

        16       in a person's life, graduating from West Point

        17       in '71 and, years later, being the man in

        18       charge.

        19                  He's accompanied by First Captain

        20       Ryan Boeka, who is from Amarillo, Texas.  And

        21       the first captain is one individual out of the

        22       several thousands who -- 4,000,

        23       approximately -- who distinguishes himself as

        24       being the man, the man in charge.

        25                  Now, with the general commanding



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         1       one of the most respected and best known

         2       institutions in the world.  West Point is

         3       legendary.  You heard some of the history.  We

         4       don't have to go on, we don't have time to

         5       review the history.  But there isn't a man,

         6       woman or child that doesn't recognize that

         7       West Point produces the leaders of the world.

         8       The leaders who go out to Afghanistan, to

         9       Iraq, to you name it, to distant places.

        10                  For what purpose?  To expand the

        11       freedoms that we have here in this country, to

        12       protect those that can't protect themselves,

        13       to keep people from afflicting pain and

        14       suffering.  And that's your charge, and that's

        15       your duty.  And you do it proudly.

        16                  You know, again, as a kid, you

        17       remember, some people were aspiring to go to

        18       West Point.  Well, I'll tell you the truth.  I

        19       never aspired to go to West Point.  You know

        20       why?  Because I didn't have a prayer.  Okay?

        21       I couldn't get that physically fit, I wasn't

        22       that smart, I didn't have it that together.

        23                  That's what you are.  You are

        24       singled out by your peers, and you are

        25       selected almost in -- to be unique in your own



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         1       communities.

         2                  So when I say I'm proud to welcome

         3       you here on behalf of the Senate, we are

         4       proud.  Proud of what you've done so far to

         5       get to where you are and what you will be

         6       doing as you move on with your lives.  What

         7       you will be doing.  You will be making history

         8       as you go on.

         9                  And, General, you have truly been

        10       distinguished as a leader, doing all of the

        11       right kinds of things and reaching out.

        12                  And, Chaplain Wood, we appreciate

        13       your opening prayer and saying the right

        14       words, because these are times that are very

        15       challenging, very trying.

        16                  And all of us know that no matter

        17       how good you are, you need to relate to

        18       another power.  And that other power is really

        19       where our strength and our spirit and our

        20       courage comes from.

        21                  I want to mention Mike Breslin.

        22       He's the county executive in Albany.  And

        23       there's four or five of the cadets from

        24       Albany.  He is the brother of Senator Neil

        25       Breslin here.  And his brother is ranking in



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         1       Finance.  He happens to be on the wrong side

         2       of the aisle.  But you know what?  We love him

         3       anyway.

         4                  (Laughter.)

         5                  SENATOR BRUNO:    And his

         6       brother -- where's Mike?  Mike was a major in

         7       the infantry, graduating from West Point.

         8       Now, that is huge.  And what a preparation to

         9       be county executive of the capital county of

        10       New York State.  I knew he had something great

        11       going for him, and now I know:  it's his

        12       background at West Point.

        13                  You can go on to do anything with

        14       your lives that you want to do.  And we here

        15       are proud, your families are proud, your

        16       neighbors are proud.  Your country is proud.

        17       So thank you all for being here, and God bless

        18       you.

        19                  (Standing ovation.)

        20                  THE PRESIDENT:    Senator Wright.

        21                  SENATOR WRIGHT:    Thank you, Madam

        22       President.

        23                  And thank you, Majority Leader

        24       Bruno, for your outstanding remarks and

        25       support for the cadets of the United States



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         1       Military Academy.

         2                  As my colleagues know, our

         3       colleague Senator Larkin is recovering and as

         4       a result does not have a voice.  So I've had

         5       the honor of being chosen to serve as his

         6       voice this morning.  And it's a particularly

         7       great opportunity for me, by virtue of the

         8       fact that I have occasion to represent the

         9       10th Mountain Division at Fort Drum in my own

        10       home district.

        11                  So I look forward to not replacing

        12       Senator Larkin, because his long history of

        13       West Point Days and his own career in the U.S.

        14       military speaks for itself, but I'm pleased to

        15       serve on his behalf today.

        16                  And on behalf of Senator Larkin,

        17       it's an honor and a privilege to offer before

        18       this house a resolution recognizing the United

        19       States Military Academy at West Point.

        20                  I also would like to welcome the

        21       56th superintendent of the United States

        22       Military Academy, Lieutenant General William

        23       J. Lennox, Jr.  I also welcome General

        24       Lennox's staff, distinguished members of the

        25       West Point Society, native New Yorkers who are



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         1       visiting the Senate, and, most of all, the

         2       cadets who are joining us here today.

         3                  The Long Gray Line began in Orange

         4       County, New York, over 200 years ago and is

         5       one of the most prominent aspects of our

         6       state's history.  A true national treasure and

         7       historic site, the United States Military

         8       Academy at West Point is America's oldest

         9       continuously garrisoned military installation,

        10       the nation's first engineering school, and the

        11       home of the United States Corps of Cadets

        12       since 1802.

        13                  Members of the Long Gray Line

        14       include two U.S. presidents, four of five of

        15       the army's five-star generals, the architect

        16       and builder of the Panama Canal, the first

        17       American to walk in space, two astronauts who

        18       manned the first lunar landing,

        19       80 Congressional Medal of Honor recipients,

        20       82 Rhodes Scholars, three Heisman Trophy

        21       winners, as well as innumerable leaders in

        22       government, the arts, science, industry and

        23       education.

        24                  Since the Academy's beginning,

        25       New York State has been called home by such



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         1       military leaders as Ulysses S. Grant, Robert

         2       E. Lee, Douglas MacArthur, Dwight D.

         3       Eisenhower, George Patton, and Norman

         4       Schwarzkopf.  These leaders shared in the

         5       knowledge that the strength of the United

         6       States military must rest on a solid

         7       foundation composed of individual honor and

         8       integrity.

         9                  Madam President, it is appropriate

        10       that this house give special recognition today

        11       to another very distinguished West Point

        12       graduate, Lieutenant General William Lennox.

        13       General Lennox grew up in Yonkers and

        14       graduated from Cardinal Hayes High School in

        15       the Bronx.

        16                  He first served his country in a

        17       wide variety of field assignments.  He has

        18       also served in many key staff operational

        19       positions in our nation's capital, including

        20       special assistant to the Secretary of the

        21       Army.

        22                  In addition, General Lennox has

        23       served as deputy commanding general and

        24       assistant commandment of the U.S. Army Field

        25       Artillery Center, chief of staff of the Third



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         1       Corps at Fort Hood and Combined Forces

         2       Command, United States Forces, Korea, and

         3       Deputy Commanding General, Eighth United

         4       States Army.

         5                  We also give special recognition

         6       today to the Corps of Cadets, the future

         7       leaders of the United States Army.  I now have

         8       the pleasure, Madam President, of introducing

         9       the New York State contingent of the United

        10       States Military Academy Corps of Cadets, led

        11       by Brigade Commander, First Captain of Cadets

        12       Ryan Boeka, of Amarillo, Texas.

        13                  Please rise.

        14                  (Applause.)

        15                  SENATOR WRIGHT:    I would like to

        16       ask each cadet to rise as they're introduced,

        17       and that way they may be acknowledged by the

        18       Senate.

        19                  I would also like to take a brief

        20       opportunity to point out to the gallery,

        21       because we have several classes of students

        22       here visiting today, that the group that we're

        23       going recognize in just a second, this group

        24       of cadets, is truly some of America's best,

        25       brightest and bravest, and something each of



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         1       you can aspire to and appreciate, the

         2       dedication, the commitment and service that

         3       they are going to share with this nation.

         4                  We're very proud of these young men

         5       and women, and we're very glad that you're

         6       here to share this day with us.

         7                  I would ask that each cadet stand

         8       when his or her name is read so that they may

         9       be acknowledged by the Senate.

        10                  Once again, Cadet First Captain

        11       Ryan Boeka, Amarillo, Texas.

        12                  (Applause.)

        13                  SENATOR WRIGHT:    Cadet E.

        14       Christopher Beeler, Albany.

        15                  (Applause.)

        16                  SENATOR WRIGHT:    Cadet Andrew

        17       Bigelow, Hudson Falls.

        18                  (Applause.)

        19                  SENATOR WRIGHT:    Cadet Andrew

        20       Byers, Clarence.

        21                  (Applause.)

        22                  SENATOR WRIGHT:    Cadet Matthew

        23       Carney, Albany.

        24                  (Applause.)

        25                  SENATOR WRIGHT:    Cadet Clayton



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         1       Carpenter, Cortland Manor.

         2                  (Applause.)

         3                  SENATOR WRIGHT:    Cadet John R.

         4       Davis, Delmar.

         5                  (Applause.)

         6                  SENATOR WRIGHT:    Cadet Patrick

         7       Howlett, West Islip.

         8                  (Applause.)

         9                  SENATOR WRIGHT:    Cadet Heba Mair,

        10       Schenectady.

        11                  (Applause.)

        12                  SENATOR WRIGHT:    Cadet Marjana

        13       Mair, Schenectady.

        14                  (Applause.)

        15                  SENATOR WRIGHT:    Yes, they are

        16       sisters.

        17                  (Laughter.)

        18                  SENATOR WRIGHT:    Cadet Gilberto

        19       Nieves, Unadilla.

        20                  (Applause.)

        21                  SENATOR WRIGHT:    Cadet Shane

        22       Oravsky, Catskill.

        23                  (Applause.)

        24                  SENATOR WRIGHT:    Cadet Robert

        25       Southerland, Salem.



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         1                  (Applause.)

         2                  SENATOR WRIGHT:    Cadet Devlin

         3       Winkelstein, Grand Island.

         4                  (Applause.)

         5                  SENATOR WRIGHT:    The Corps of

         6       Cadets, represented by those seated before us,

         7       will continue to build on this solid

         8       foundation of duty, honor and country.

         9                  Madam President, we must recognize

        10       that the challenges faced by today's Corps are

        11       vastly different than those encountered by

        12       many of their famous predecessors.  As we

        13       follow the current events in Iraq, we see that

        14       today's Army leaders must know how to move

        15       equipment and troops to the far reaches of the

        16       planet in a matter of hours, not months.  They

        17       must command the use of the most sophisticated

        18       military equipment imaginable.  And they must

        19       be prepared to face new threats and dangers

        20       unheard-of in combat in the past.

        21                  Many of the cadets seated here in

        22       this chamber will soon be called upon to serve

        23       their nation throughout the world.  The

        24       mission in Iraq is a somber reminder of the

        25       tremendous responsibility undertaken by these



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         1       young cadets and the sacrifices they are

         2       willing to make for the love of this great

         3       country.  Not in recent memory has this annual

         4       ceremony in Albany, which honors their brave

         5       commitment, been more important.

         6                  It is also important to remember

         7       that today's Army serves not only abroad but

         8       here at home.  Madam President, Senator Larkin

         9       reports that he is especially fortunate to

        10       represent a region that bears witness every

        11       day to another cornerstone of the Army

        12       tradition taught at West Point.  That

        13       principle is a concern for others in the

        14       communities in which the Corps of Cadets

        15       share.

        16                  The Long Gray Line is an active

        17       participant not only in our economy but in the

        18       hearts and the souls of our communities.  The

        19       Corps of Cadets of the United States Military

        20       Academy incorporates this training in their

        21       daily lives.  They are regular participants in

        22       the community efforts to educate our children,

        23       care for our ill, and attend to our elderly.

        24                  Duty, honor, country, and a concern

        25       for others -- those values are the values of



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         1       leadership.  Madam President, it is upon this

         2       bedrock of values that each cadet will build

         3       his or her career.  It is an unchanging

         4       standard that we in New York must strive to

         5       embody.  It is upon this foundation that the

         6       future leaders of the United States Army will

         7       lead soldiers into harm's way, if necessary,

         8       to preserve the freedoms on which our nation

         9       is founded.

        10                  Madam President, we owe a debt of

        11       gratitude to the United States Military

        12       Academy for bestowing on the State of New York

        13       all that is good in our nation.

        14                  We thank General Lennox, General

        15       Lennox's faculty and staff, and the Corps of

        16       Cadets for continuing to build on these

        17       honored traditions that were started on the

        18       shores of the Hudson two centuries ago.

        19                  Colleagues, staff, visitors, I

        20       present to you the Corps of Cadets of the

        21       United States Military Academy.

        22                  (Standing ovation.)

        23                  THE PRESIDENT:    Senator Bonacic.

        24                  SENATOR BONACIC:    Thank you,

        25       Madam President.  I stand also to welcome our



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         1       heroes today.

         2                  As a Senator from Orange County, I

         3       serve with my colleague Senator Larkin.  And,

         4       General Lennox, you know about Senator Larkin.

         5       He wears his heart on his sleeve for West

         6       Point every day of the year, and not just on

         7       West Point Day.

         8                  What strikes me about these men and

         9       women is that regardless of the popularity of

        10       the wars, regardless about the politics of

        11       war, these men and women protect our

        12       communities, protect our democracy and protect

        13       our freedoms.  And they never get involved

        14       with the popularity of the war or the

        15       politics, because their creed which they live

        16       by and serve by, which Senator Wright said

        17       over and over again, is duty, honor, and

        18       country.

        19                  So we thank you for what you do.

        20       America's strength is always its people, and

        21       here is the best of the best.

        22                  So for all those that have served,

        23       are serving and will serve, we say from this

        24       Senate and all of the people of New York and

        25       this great country, thank you for what you do.



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         1       God bless you.  We hope He keeps all of you

         2       safe.

         3                  Thank you very much, Madam

         4       President.

         5                  (Applause.)

         6                  THE PRESIDENT:    Senator

         7       Hassell-Thompson.

         8                  SENATOR HASSELL-THOMPSON:    Thank

         9       you, Madam President.

        10                  Good morning to General Lennox.  As

        11       someone who represents Westchester and the

        12       Bronx, I'm very glad to embrace you again, as

        13       usual.

        14                  To your officers and to the cadets,

        15       on behalf of Senator Paterson, it gives me

        16       great pleasure to stand here today and to

        17       welcome you again to our chambers.

        18                  Many of you will go off to

        19       campaigns, to Europe and places that we can't

        20       pronounce.  For that, we thank you.  We thank

        21       you for duty, honor and for representing your

        22       country so well.

        23                  You're young in your age, but you

        24       have aged in your heart.  By making the

        25       decision to go to West Point, you have taken



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         1       on a tremendous responsibility.  I have young

         2       children in the gallery today, and when I go

         3       back to talk with their class next week, part

         4       of what we will talk about is West Point and

         5       the kinds of things that they can achieve just

         6       by being here today and seeing you in your

         7       gray.

         8                  Thank you for what you do.  We pray

         9       for you and wish you Godspeed.

        10                  (Applause.)

        11                  THE PRESIDENT:    The question is

        12       on the resolution.  All in favor please

        13       signify by saying aye.

        14                  (Response of "Aye.")

        15                  THE PRESIDENT:    Opposed, nay.

        16                  (No response.)

        17                  THE PRESIDENT:    The resolution is

        18       adopted.

        19                  Senator Paterson.

        20                  SENATOR PATERSON:    Madam

        21       President, now that we've passed this

        22       resolution, I've never missed West Point Day,

        23       and I barely got here in time so that I can

        24       keep that record alive.  I'm glad that I'm not

        25       at West Point; I might be eligible for some



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         1       sort of special punishment right now.

         2                  But the reality is I've been out

         3       trying to find my notes that I had prepared,

         4       as I do every year, to offer to those who have

         5       volunteered themselves for service to this

         6       country and those, who are the most

         7       distinguished citizens among us, who are

         8       stepping forward to do so at time of great

         9       peril around the world and at a time when the

        10       initiation of their service may lead to danger

        11       and harm.  And nonetheless, they put

        12       themselves forward and they go forward.

        13                  And we are very proud of them, and

        14       we're always proud to have them here.  The

        15       Majority Leader, Senator Bruno, it's one of

        16       his favorite days here, he always tells me,

        17       and has a little reception for them

        18       afterwards.

        19                  All that being the case, I still

        20       could not find my index cards that I was going

        21       to make a few other points.  So I will sit

        22       down now, in recognition of the fact that

        23       Senator Ruth Hassell-Thompson found those

        24       cards and said everything I was going to say

        25       about West Point.



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         1                  Thank you very much.

         2                  (Applause.)

         3                  THE PRESIDENT:    Senator Bruno.

         4                  SENATOR BRUNO:    And I might note

         5       that she said them as well or better than you

         6       might have, Senator.

         7                  (Laughter.)

         8                  SENATOR BRUNO:    Madam President,

         9       Senator Larkin, our colonel, who's made his

        10       early life a military life, has given

        11       permission that anyone in the chamber that

        12       would like to join this resolution, as a

        13       special resolution, is free to do so.

        14                  And I would ask that anyone that

        15       doesn't want to be on this resolution, just

        16       quietly let the desk know.  Other than that,

        17       everyone will be joined together on the

        18       resolution.

        19                  And, Madam President, I would ask

        20       my colleagues to waive the rules of the Senate

        21       and ask General Lennox to at this time address

        22       the Senate.

        23                  General.

        24                  (Applause.)

        25                  THE PRESIDENT:    Hearing no



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         1       objection, I now call upon Lieutenant General

         2       Lennox.

         3                  SUPERINTENDENT LENNOX:    Governor

         4       Donohue, Majority Leader Bruno, Minority

         5       Leader Paterson, and Senator Larkin and

         6       distinguished Senators, it's an honor to be

         7       here, and it's a great day to be a soldier,

         8       I'll tell you.  As I've said three times

         9       before, it's quite an honor for a boy from

        10       Yonkers, educated in the Bronx, to represent

        11       West Point before this great, important body.

        12                  And on behalf of the 60,000

        13       graduates and the 4,100 young men and women

        14       that are at the Academy right now, I just want

        15       to say thank you.

        16                  West Point's domestically a lot of

        17       things.  It's the largest employer in Orange

        18       County.  It's still, despite the security and

        19       some of the weather we've been having, a great

        20       tourist attraction, number three in the state

        21       behind New York City and, of course, Woodbury

        22       Commons.

        23                  (Laughter.)

        24                  SUPERINTENDENT LENNOX:    And I

        25       would invite all of you, please, to come and



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         1       see the Academy.

         2                  I'd ask you not only to take a look

         3       at the old buildings and the historic grounds,

         4       but to meet the extraordinary young men and

         5       women that are there at the Academy right now

         6       during these times.

         7                  Students like Katie Macfarlane,

         8       Class of '04 that just graduated, star

         9       basketball player and lacrosse player from

        10       Clarence Central High School, near Buffalo.

        11       She became the all-time leading scorer and

        12       rebounder for Army's basketball team.  She is

        13       now at the Military Intelligence Officer Basic

        14       Course in Arizona before reporting in to Fort

        15       Bragg, North Carolina, later this year.

        16                  Students like Johnny Fernandez of

        17       Rocky Point, Army's lacrosse captain in '01

        18       and, I mentioned to you last time, lost his

        19       legs in the attack on Baghdad.  He made it

        20       back for the alumni lacrosse game this past

        21       year -- not only played, but scored a goal.

        22       And in fact, going over to the coach,

        23       mentioned to Jack Emmer, said, "Coach, I think

        24       I'm even faster on these new legs than on the

        25       old ones."



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         1                  It's that kind of spirit and that

         2       kind of toughness that we're seeing in this

         3       generation.

         4                  Students like Dave Petraeus, from

         5       Cornwall.  Dave graduated from Cornwall High

         6       School, and West Point in 1974 as an

         7       infantryman, and he later earned his master's

         8       and Ph.D. from Princeton.  And he wrote on the

         9       impact of Vietnam on future wars.

        10                  Today, Dave is in charge of

        11       rebuilding the Iraqi army.  It's one of the

        12       biggest challenges in establishing a safe

        13       environment for the people of Iraq.  That is

        14       another New Yorker doing a fabulous job for

        15       our Army and our nation.

        16                  I invite you to come visit your

        17       Academy and the extraordinary men and women of

        18       this generation.

        19                  Ladies and gentlemen, leaders are

        20       made, not born.  And that's what we do at

        21       West Point.  We build leaders such as

        22       Brooklyn's George Goethals, the chief engineer

        23       on the Panama Canal, and Yonkers' Joe

        24       Stilwell, who led American and Chinese forces

        25       during World War II.  And today we build those



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         1       leaders like Katie Macfarlane, Johnny

         2       Fernandez and Dave Petraeus.

         3                  We build those leaders by

         4       challenging them every single day, physically

         5       and intellectually, to achieve excellence.  We

         6       build those leaders as we always have, by

         7       instilling in them the values of duty, honor

         8       and country.  And after four years, we send

         9       them out to the force to fight our nation's

        10       battles and to win our nation's wars.

        11                  And we're going to win this war.  I

        12       cannot tell you when the conflict will end or

        13       how many more Americans will have to sacrifice

        14       their lives to make Iraq and Afghanistan safe

        15       for democracy and to defeat the forces of

        16       extremism and terror.  Great sacrifices have

        17       already been made.  No one knows that better

        18       than the people of New York.

        19                  But I can tell you that at West

        20       Point we remain committed to producing

        21       outstanding leaders of character, the kind

        22       that our soldiers deserve and the nation

        23       needs.

        24                  God bless you all in your work.

        25       God bless the Academy.  God bless this great



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         1       nation.  Go Army!

         2                  (Extended standing ovation.)

         3                  THE PRESIDENT:    Senator Bruno.

         4                  SENATOR BRUNO:    Madam President,

         5       can we recess for just a few minutes so the

         6       cadets and the general can make their leave.

         7       And I believe they are expected in the

         8       Assembly, if I'm not mistaken.

         9                  THE PRESIDENT:    The Senate stands

        10       in recess.

        11                  (Whereupon, the Senate stood at

        12       ease at 11:52 a.m.)

        13                  (Whereupon, the Senate reconvened

        14       at 11:57 a.m.)

        15                  THE PRESIDENT:    Senator Bruno.

        16                  SENATOR BRUNO:    Madam President,

        17       can we ask the members who are part of the

        18       Senate, if they are in the area, that they

        19       join us.

        20                  THE PRESIDENT:    Senator, would

        21       you like the Secretary to ring the bell?

        22                  SENATOR BRUNO:    I want to ring

        23       the bell.

        24                  THE PRESIDENT:    The Secretary

        25       will ring the bell.



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         1                  SENATOR BRUNO:    Maybe we could

         2       send Senator Fuschillo through the halls

         3       bringing people in.  He's young and active.

         4                  THE PRESIDENT:    And Senator

         5       Fuschillo will get the members back to their

         6       seats.

         7                  SENATOR BRUNO:    Thank you, Madam

         8       President.  I believe I have a privileged

         9       resolution at the desk.  I would ask that it

        10       be read in its entirety and move for its

        11       immediate adoption.

        12                  THE PRESIDENT:    The Secretary

        13       will read.

        14                  THE SECRETARY:    By Senators Bruno

        15       and Golden, Legislative Resolution Number

        16       1274, mourning the death of Karol Josef

        17       Wojtyla, Pope John Paul II, Supreme Pontiff of

        18       the Roman Catholic Church.

        19                  "WHEREAS, Pope John Paul II, the

        20       265th Pontiff of the Roman Catholic Church,

        21       entered into eternal life at the Vatican on

        22       April 2, 2005, at the age of 84; and

        23                  "WHEREAS, Having lived through the

        24       Nazi occupation of Poland, World War II, and

        25       European Communism, Pope John Paul II used his



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         1       position to spread a message of peace and

         2       freedom throughout the world; and

         3                  "WHEREAS, Pope John Paul II's

         4       mission led him to visit 129 countries, and,

         5       while addressing world leaders at the United

         6       Nations in New York City, plead for peace for

         7       'all men and women living on this planet'; and

         8                  "WHEREAS, One of the world's most

         9       recognized figures, Pope John Paul II was the

        10       first Pope to visit a synagogue, and reached

        11       out to Muslims and other religions of the

        12       world, as well, in the spirit of human unity;

        13       and

        14                  "WHEREAS, John Paul II was an

        15       inspiration to young people wherever he

        16       traveled, an inspiration which will be

        17       sustained by future generations across the

        18       globe; and

        19                  "WHEREAS, As Bishop of Krakow,

        20       having been forced to clandestinely study

        21       theology, Pope John Paul II strongly opposed

        22       Communism and worked to preserve Catholicism

        23       in his homeland; and

        24                  "WHEREAS, His work for human rights

        25       and social justice led Pope John Paul II to



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         1       abhor the abuses of the Nazis, to lament

         2       nuclear war, and to work for justice for the

         3       downtrodden and impoverished of the world; and

         4                  "WHEREAS, Pope John Paul II once

         5       demonstrated his dedication to his ideals by

         6       forgiving an attempt on his life; and

         7                  "WHEREAS, Pope John Paul II

         8       represented approximately one billion

         9       Catholics worldwide, approximately 60 million

        10       Catholics in America, and over seven million

        11       Catholics in New York State; and

        12                  "WHEREAS, Pope John Paul II was the

        13       longest-serving Pope in the twentieth century.

        14       Having visited New York, Asia, Latin America,

        15       and Africa, he attracted huge crowds wherever

        16       he spoke.  He was more than just a spiritual

        17       leader; John Paul II taught people around the

        18       world to care for the poor, sick, needy and

        19       oppressed, and was one of the most beloved

        20       leaders of the Roman Catholic Church; and

        21                  "WHEREAS, As this Legislative Body

        22       reflects upon the magnificent contributions of

        23       Pope John Paul II to the world, it gratefully

        24       notes his legacy, which will forever stand as

        25       the epitome of the goodness of humanity; now,



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         1       therefore, be it

         2                  "RESOLVED, That this Legislative

         3       Body proudly and respectfully pause in its

         4       deliberations to mourn the death of Pope John

         5       Paul II, Bishop of Krakow and Supreme Pontiff

         6       of the Roman Catholic Church, and to

         7       commemorate his life's work as a beacon of

         8       hope, peace and unity throughout the world;

         9       and be it further

        10                  "RESOLVED, That copies of this

        11       resolution, suitably engrossed, be transmitted

        12       to the Diocese of New York State and to the

        13       Vatican."

        14                  THE PRESIDENT:    Senator Bruno.

        15                  SENATOR BRUNO:    Thank you, Madam

        16       President and colleagues.

        17                  We have been hearing for days --

        18       you can't pick up a paper, can't turn on a TV,

        19       can't turn on a radio but we have been hearing

        20       about the life of Pope John Paul II.  He has

        21       been described in more ways than any of us

        22       have the vocabulary to describe.

        23                  But the bottom line with Pope John

        24       Paul is that he was a man, a real man, a man

        25       who reached out for other people.  He didn't



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         1       consider himself above everyone, pious and

         2       holy.  He was as regular a man as you could

         3       view or be exposed to.  And, boy, with the

         4       pomp and the ceremony that goes with being the

         5       pope, pretty hard to stay humble, to stay

         6       humble.  But he did.  He really did.

         7                  Now, think about a man who didn't

         8       have to.  First, by the way, first non-Italian

         9       pope in 450-some years.  Think of that honor,

        10       that others would select him.

        11                  And then he didn't rest on his

        12       laurels.  He traveled to something like

        13       130 countries, mastered eight languages and

        14       apparently spoke them fluently, so that he

        15       could converse.  Why?  So that when he was

        16       traveling, he could communicate, person to

        17       person, with individuals and with the public.

        18                  Imagine a person saying a mass in

        19       front of 2.7 million people.  I think it's one

        20       of the largest records.  Do you know of any

        21       pop star that ever was able to put together

        22       2.7 million people for any purpose?

        23                  So this is a great man who has

        24       passed.  And he's a great man to every

        25       individual in the world, because he reached



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         1       out and he befriended every individual in the

         2       world.

         3                  You know, I only once had the

         4       honor, the privilege, and it was awesome to be

         5       near the pope, and that was at St. Patrick's

         6       some years, a few years back.  And I was up

         7       towards the front, and he was on the altar,

         8       and he was visibly in great pain.  He was in

         9       pain.  He was infirm.  But I just couldn't

        10       help but marvel at how he climbed those

        11       stairs, spent time on his knees, got up.

        12                  And I was thinking to myself, just

        13       watching him -- and he was probably from here

        14       to that clock, closer -- he didn't show a sign

        15       of pain, didn't show a sign of discomfort.

        16       This man's mind was just in a whole other

        17       place, above the ordinary pain and the

        18       ordinary suffering that anybody has.  So what,

        19       what an individual and a role model for all of

        20       us.

        21                  And, you know, when they were

        22       leaving the church, he was surrounded.  And he

        23       walked down the aisle, and he got to the back

        24       of the church and the guards -- he had been

        25       shot years before, and as you all know, four



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         1       days after he was shot, he's forgiving his

         2       assailant.  Went to visit him in prison two

         3       years after he was fully recovered -- he went

         4       to the back of the church, and they are trying

         5       to move him to get him to a car for safety.

         6                  And I will never, ever forget that

         7       he removed himself from all of these people

         8       surrounding him and walked over to the

         9       thousands of people that were surrounding the

        10       outside door of St. Pat's and walked right

        11       into the middle of them and was touching them

        12       and touching them.

        13                  I thought, that is a man.  That is

        14       a brave, caring man.  And I've never been --

        15       you know, I'm in the presences of some of you,

        16       and you're very awesome.  But I've got to tell

        17       you, being in the room being near this man was

        18       something spiritual.  Spiritual.  And it's

        19       good to see that the world recognizes that.

        20                  And I believe, while we mourn the

        21       loss of this great, great leader, he left us

        22       with a quote.  And I would just like to read

        23       this, because this -- we can remember this as

        24       the most comforting during sad times, but I

        25       think it really tells it like it is about how



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         1       this man's mind worked.

         2                  He said:  "Have no fear of moving

         3       into the unknown.  Simply step out fearlessly,

         4       knowing that I am with you.  Therefore, no

         5       harm can befall you.  All is very, very well.

         6       Do this in complete faith and confidence."

         7                  Thank you, Madam President.

         8                  THE PRESIDENT:    Senator Golden.

         9                  SENATOR GOLDEN:    Thank you, Madam

        10       President.

        11                  Thank you, Senator Bruno, for your

        12       kind words.

        13                  Pope John Paul II was a great man

        14       who reached across religious ties and embraced

        15       all humanity.  Pope John Paul was more than

        16       just a spiritual leader, as he taught people

        17       around the world to care for the poor, the

        18       sick, the needy, the oppressed, and the

        19       unborn.

        20                  John Paul II was one of the world's

        21       most beloved and recognized figures, who

        22       reached across historical divides to improve

        23       relations with other faiths, particularly

        24       Catholics and Jews and Muslims alike.  He was

        25       the first pope to visit a synagogue or a



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         1       mosque.  And during his pontificate he

         2       completed 104 visits, including stops in

         3       New York, Asia, Latin America and Africa,

         4       attracting huge crowds wherever he spoke.

         5                  One of the most historic visits by

         6       Pope John Paul II was his trip to New York

         7       City, as Joe Bruno has spoken about.  In 1979,

         8       it was a special moment that happened in my

         9       life, when I was a New York City police

        10       officer.  I was assigned to guard John Paul II

        11       in his visits to New York City.  And millions

        12       of people had gathered, as they do now, to pay

        13       tribute and respect to a great, great

        14       representative of God and a great man.

        15                  And he smiled at those crowds as he

        16       walked into the Polish church in Brooklyn and

        17       he, the same as our leader Joe Bruno pointed

        18       out, walked into the crowd and greeted many.

        19       This trip was in the height of the Cold War.

        20       It was symbolic, his support for democracy.

        21                  John Paul II's experiences battling

        22       Nazi oppression during World War II made him a

        23       staunch anti-Communist.  He advocated peaceful

        24       rebellion through his support of the Polish

        25       Solidarity movement and other Eastern European



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         1       anti-Communist movements in the 1980s.  John

         2       Paul II helped to tear down that wall of

         3       tyranny for millions of oppressed people

         4       throughout the world.

         5                  John Paul II was an inspiration to

         6       young people wherever he traveled.  His

         7       inspiration and his admiration continue for

         8       future generations across this globe.  He

         9       surely will be sainted, and he will go down in

        10       history as Pope John Paul the Great.

        11                  God has blessed us with his

        12       presence, and he has blessed him for his

        13       devotion and his leadership to all of mankind.

        14                  Thank you.

        15                  THE PRESIDENT:    The question is

        16       on the resolution.  All in favor please

        17       signify by saying aye.

        18                  (Response of "Aye.")

        19                  THE PRESIDENT:    Opposed, nay.

        20                  (No response.)

        21                  THE PRESIDENT:    The resolution is

        22       adopted.

        23                  Senator Bruno.

        24                  SENATOR BRUNO:    Madam President,

        25       can we ask anyone that would like to join the



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         1       resolution -- and if you'd rather not be on

         2       it, please let the desk know at your leisure.

         3                  THE PRESIDENT:    Any member who

         4       does not wish to cosponsor the last

         5       resolution, please notify the desk.

         6                  Senator Golden.

         7                  SENATOR GOLDEN:    I believe this

         8       resolution will go down to all the dioceses

         9       across the State of New York, to each one of

        10       our communities.  The dioceses will receive

        11       this resolution.

        12                  THE PRESIDENT:    Thank you,

        13       Senator.

        14                  Senator Bruno.

        15                  SENATOR BRUNO:    Madam President,

        16       I believe there is a privileged resolution at

        17       the desk by Senator Marcellino.  I would ask

        18       that it be read in its entirety and move for

        19       its immediate adoption.

        20                  THE PRESIDENT:    The Secretary

        21       will read.

        22                  THE SECRETARY:    By Senator

        23       Marcellino, Legislative Resolution Number

        24       1272, commemorating the 35th Anniversary of

        25       Earth Day on April 22, 2005.



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         1                  "WHEREAS, It is the sense of this

         2       Legislative Body to recognize and pay tribute

         3       to those organizations dedicating their

         4       purposeful work to increasing public awareness

         5       of, and appreciation for, the natural

         6       resources of New York, recognizing the role

         7       all citizens have in protecting the

         8       environment and the quality of life in this

         9       Empire State; and

        10                  "WHEREAS, On April 22, 1970,

        11       approximately 25 million Americans

        12       participated in the first Earth Day

        13       demonstration to express their concerns over

        14       the environment and the fate of this planet;

        15       and

        16                  "WHEREAS, In the 35 years that have

        17       passed since the original Earth Day, the

        18       planet has been subjected to the continuing

        19       burdens of world population growth, increasing

        20       commercial and residential development, ocean

        21       pollution, increasing stores of toxic and

        22       nuclear waste, and other similar assaults

        23       which have exacerbated the growing dangers of

        24       global climate change, ozone depletion, toxic

        25       poisoning, deforestation, and mass species



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         1       extinctions; and

         2                  "WHEREAS, Following the first Earth

         3       Day and the demonstrations of concern of over

         4       20 million Americans, a collective national

         5       action has resulted in the passage of sweeping

         6       new laws to protect the invaluable resources

         7       of air, land and water; and

         8                  "WHEREAS, April 22, 2005, marks the

         9       35th anniversary of Earth Day, a day set aside

        10       to celebrate the beauty and bounty of our

        11       environment and to revitalize the efforts

        12       required to protect and maintain respect for

        13       the environment and its resources; and

        14                  "WHEREAS, Earth Day 2005 activities

        15       and events will educate all citizens on the

        16       importance of acting in an environmentally

        17       sensitive fashion by recycling, conserving

        18       energy and water, using efficient

        19       transportation, and adopting more ecologically

        20       sound lifestyles; and

        21                  "WHEREAS, Earth Day 2005 activities

        22       and events will educate all citizens on the

        23       importance of supporting the passage of

        24       legislation that will help protect the

        25       environment and will highlight the importance



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         1       of a heightened awareness of environmental

         2       concerns amongst our state's leaders; and

         3                  "WHEREAS, The goal of Earth Day

         4       2005 is not to plan only one day of events and

         5       activities, but to continue worldwide efforts

         6       to protect all aspects of the environment;

         7       now, therefore, be it

         8                  "RESOLVED, That this Legislative

         9       Body pause in its deliberations to commemorate

        10       the 35th anniversary of Earth Day on April 22,

        11       2005, and be it further

        12                  "RESOLVED, That this Legislative

        13       Body congratulate all the concerned citizens

        14       of New York State who have embraced the

        15       responsible work of protecting and preserving

        16       the environment for future generations."

        17                  THE PRESIDENT:    Senator

        18       Marcellino.

        19                  SENATOR MARCELLINO:    Thank you,

        20       Madam President, just briefly.

        21                  I would just like to reiterate what

        22       was stated at the last part of that

        23       resolution, is that every day should be

        24       considered Earth Day, not just one day a year,

        25       but every single day.



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         1                  And also to remind the people in

         2       this chamber, and in concert with our friends

         3       in the other chamber, this state does not have

         4       to take second place to any other state in the

         5       union in preserving and protecting our

         6       environment.  We have done more together, in a

         7       bipartisan way, to preserve open space, clean

         8       air and water, to protect species, our

         9       habitats and our quality of life, and to move

        10       this planet to the future even better than we

        11       found, in better shape than when we found it.

        12                  I'm very proud of having served

        13       here, I'm proud of being chairman of the

        14       Environmental Conservation Committee, and I'm

        15       proud of the achievements not only of this

        16       chamber but of our Legislature as a whole.

        17                  And I thank the Governor for all of

        18       his help, because he's been a partner in

        19       everything we've done, from the Bond Act on,

        20       to making this state a better place to live

        21       and raise a family and maintain our quality of

        22       life for all of our citizens.

        23                  Thank you, Madam President.

        24                  If we could open the resolution for

        25       all who would like to join us in sponsorship,



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         1       please.

         2                  THE PRESIDENT:    Senator Skelos,

         3       would you like to open up the resolution to

         4       cosponsorship?

         5                  SENATOR SKELOS:    If anybody

         6       wishes not to sponsor the resolution, they

         7       should notify the desk.

         8                  THE PRESIDENT:    Any member who

         9       does not wish to be a cosponsor of the pending

        10       resolution, please notify the desk.

        11                  The question is on the resolution.

        12       All in favor please signify by saying aye.

        13                  (Response of "Aye.")

        14                  THE PRESIDENT:    Opposed, nay.

        15                  (No response.)

        16                  THE PRESIDENT:    The resolution is

        17       adopted.

        18                  Senator Skelos.

        19                  SENATOR SKELOS:    Madam President,

        20       if we could return to motions and resolutions.

        21                  I believe there are some

        22       substitutions at the desk, if we could make

        23       them at this time.

        24                  THE PRESIDENT:    The Secretary

        25       will read.



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         1                  THE SECRETARY:    On page 12,

         2       Senator Trunzo moves to discharge, from the

         3       Committee on Labor, Assembly Bill Number 1736

         4       and substitute it for the identical Senate

         5       Bill Number 3359, Second Report Calendar 442.

         6                  On page 6, Senator Marcellino moves

         7       to discharge, from the Committee on

         8       Environmental Conservation, Assembly Bill

         9       Number 2048 and substitute it for the

        10       identical Senate Bill Number 2081, First

        11       Report Calendar 469.

        12                  On page 6, Senator Marchi moves to

        13       discharge, from the Committee on Environmental

        14       Conservation, Assembly Bill Number 5475 and

        15       substitute it for the identical Senate Bill

        16       Number 2918, First Report Calendar 471.

        17                  On page 9, Senator LaValle moves to

        18       discharge, from the Committee on

        19       Investigations and Government Operations,

        20       Assembly Bill Number 3107 and substitute it

        21       for the identical Senate Bill Number 2777,

        22       First Report Calendar 507.

        23                  And on page 11, Senator Spano moves

        24       to discharge, from the Committee on

        25       Investigations and Government Operations,



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         1       Assembly Bill Number 6714 and substitute it

         2       for the identical Senate Bill Number 3460,

         3       First Report Calendar 518.

         4                  THE PRESIDENT:    Substitutions

         5       ordered.

         6                  Senator Skelos.

         7                  SENATOR SKELOS:    Please recognize

         8       Senator Fuschillo for a motion.

         9                  THE PRESIDENT:    Senator

        10       Fuschillo.

        11                  SENATOR FUSCHILLO:    Thank you,

        12       Madam President.

        13                  On behalf of Senator Saland, on

        14       page number 32 I offer the following

        15       amendments to Calendar Number 431, Senate

        16       Print Number 3165, and ask that said bill

        17       retain its place on Third Reading Calendar.

        18                  THE PRESIDENT:    The amendments

        19       are received.  The bill will retain its place

        20       on the Third Reading Calendar.

        21                  Senator Skelos.

        22                  SENATOR SKELOS:    Madam President,

        23       if we could go to the noncontroversial reading

        24       of the calendar.

        25                  THE PRESIDENT:    The Secretary



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         1       will read.

         2                  THE SECRETARY:    Calendar Number

         3       227, by Senator Rath, Senate Print 2637, an

         4       act to adjust certain state aid payments.

         5                  THE PRESIDENT:    There is a local

         6       fiscal impact note at the desk.

         7                  Read the last section.

         8                  THE SECRETARY:    Section 3.  This

         9       act shall take effect immediately.

        10                  THE PRESIDENT:    Call the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 56.

        13                  THE PRESIDENT:    The bill is

        14       passed.

        15                  THE SECRETARY:    Calendar Number

        16       257, by Senator LaValle, Senate Print 1392, an

        17       act to amend Chapter 311 of the Laws of 1920

        18       relating to the assessment and collection of

        19       taxes.

        20                  THE PRESIDENT:    Read the last

        21       section.

        22                  THE SECRETARY:    Section 3.  This

        23       act shall take effect immediately.

        24                  THE PRESIDENT:    Call the roll.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 56.

         2                  THE PRESIDENT:    The bill is

         3       passed.

         4                  THE SECRETARY:    Calendar Number

         5       259, by Senator Morahan, Senate Print 1965A,

         6       an act to authorize the Bais Mahari Assad to

         7       file an application.

         8                  THE PRESIDENT:    Read the last

         9       section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  THE PRESIDENT:    Call the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 55.  Nays,

        15       1.  Senator Bonacic recorded in the negative.

        16                  THE PRESIDENT:    The bill is

        17       passed.

        18                  THE SECRETARY:    Calendar Number

        19       292, by Senator Balboni, Senate Print 178A, an

        20       act relating to the procurement process of

        21       homeland security-related goods and services.

        22                  THE PRESIDENT:    Senator Balboni.

        23                  SENATOR BALBONI:    Please lay the

        24       bill aside for the day.

        25                  THE PRESIDENT:    The bill is laid



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         1       aside for the day.

         2                  SENATOR BALBONI:    Thank you very

         3       much.

         4                  THE SECRETARY:    Calendar Number

         5       352, by Senator Volker, Senate Print 3333, an

         6       act to amend the Criminal Procedure Law, in

         7       relation to challenge for cause.

         8                  THE PRESIDENT:    Read the last

         9       section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect on the first of

        12       November.

        13                  THE PRESIDENT:    Call the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 55.  Nays,

        16       1.  Senator Duane recorded in the negative.

        17                  THE PRESIDENT:    The bill is

        18       passed.

        19                  THE SECRETARY:    Calendar Number

        20       386, by Member of the Assembly Gianaris,

        21       Assembly Print Number 5866A, an act in

        22       relation to authorizing the State Emergency

        23       Management Office.

        24                  THE PRESIDENT:    Read the last

        25       section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  THE PRESIDENT:    Call the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 56.

         6                  THE PRESIDENT:    The bill is

         7       passed.

         8                  THE SECRETARY:    Calendar Number

         9       401, by Senator Maziarz, Senate Print 3250, an

        10       act to amend the Labor Law, in relation to the

        11       duty of an employer.

        12                  THE PRESIDENT:    Read the last

        13       section.

        14                  THE SECRETARY:    Section 3.  This

        15       act shall take effect on the 90th day.

        16                  THE PRESIDENT:    Call the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 56.

        19                  THE PRESIDENT:    The bill is

        20       passed.

        21                  THE SECRETARY:    Calendar Number

        22       438, by Senator Leibell, Senate Print 3593, an

        23       act to amend the Retirement and Social

        24       Security Law, in relation to the employment of

        25       retired persons.



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         1                  THE PRESIDENT:    Read the last

         2       section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  THE PRESIDENT:    Call the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 56.

         8                  THE PRESIDENT:    The bill is

         9       passed.

        10                  THE SECRETARY:    Calendar Number

        11       439, by Senator Robach, Senate Print 3599, an

        12       act to amend the Local Finance Law, in

        13       relation to providing.

        14                  THE PRESIDENT:    Read the last

        15       section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect June 30, 2005.

        18                  THE PRESIDENT:    Call the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 56.

        21                  THE PRESIDENT:    The bill is

        22       passed.

        23                  Senator Skelos, that completes the

        24       calendar for the day.

        25                  SENATOR SKELOS:    Thank you very



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         1       much, Madam President.

         2                  If we could return to the order of

         3       motions and resolutions, I believe there's a

         4       privileged resolution at the desk by Senator

         5       Leibell.  I ask that the title be read and

         6       move for its immediate adoption.

         7                  THE PRESIDENT:    The Secretary

         8       will read.

         9                  THE SECRETARY:    By Senator

        10       Leibell, Legislative Resolution Number 1275,

        11       honoring the Putnam Valley Rotary Club upon

        12       the occasion of its 35th anniversary.

        13                  THE PRESIDENT:    Senator Skelos.

        14                  SENATOR SKELOS:    Move that we

        15       adopt the resolution.

        16                  THE PRESIDENT:    All in favor of

        17       the resolution please signify by saying aye.

        18                  (Response of "Aye.")

        19                  THE PRESIDENT:    Opposed, nay.

        20                  (No response.)

        21                  THE PRESIDENT:    The resolution is

        22       adopted.

        23                  Senator Skelos.

        24                  SENATOR SKELOS:    Is there any

        25       further business to come before the Senate?



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         1                  THE PRESIDENT:    No, there isn't,

         2       Senator.

         3                  SENATOR SKELOS:    Thank you.

         4                  Just a reminder that the West Point

         5       luncheon, on behalf of Senator Larkin, I

         6       believe commences at 1:00 p.m.

         7                  And there being no further business

         8       to come before the Senate, I move we stand

         9       adjourned until Monday, April 11th, at

        10       3:00 p.m., intervening days being legislative

        11       days.

        12                  THE PRESIDENT:    A reminder that

        13       the West Point luncheon is at 1:00 p.m.

        14                  And on motion, the Senate now

        15       stands adjourned until Monday, April 11th,

        16       3:00 p.m., intervening days being legislative

        17       days.

        18                  (Whereupon, at 12:23 p.m., the

        19       Senate adjourned.)

        20

        21

        22

        23

        24

        25



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