Regular Session - April 5, 2006
2097
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 April 5, 2006
11 11:12 a.m.
12
13
14 REGULAR SESSION
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16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
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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 Rabbi Carlos
11 C. Huerta, chaplain, the United States Corps
12 of Cadets at West Point.
13 RABBI HUERTA: Let us pray.
14 Father, we come today to these
15 hallowed halls to honor the United States
16 Military Academy at West Point.
17 But let us not make a mistake; we
18 come not to honor that cement and granite
19 overlooking the Hudson, because ultimately
20 cement and granite is only cement and granite.
21 We come to honor the Academy, we truly come to
22 honor the lives of those men and women who
23 walk through those halls of cement and
24 granite, that made them hallowed.
25 When we come to honor the Academy,
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1 we come to honor those brave men and women,
2 American sons and daughters, who still to this
3 day continue to walk those hallowed halls. We
4 honor them not because they belong to an
5 exclusive class or club. If they have
6 privilege, it's the privilege earned by
7 self-sacrifice and service. If they have
8 privilege, it's the privilege earned by honor
9 and personal courage. If they have privilege,
10 it is the privilege they earn by putting
11 themselves in harm's way to meet our nation's
12 enemies on foreign battlefields and, if You so
13 will it, lay down their lives for our nation
14 and our freedom.
15 They willingly do it so we can be
16 free, free to live our lives from terror, free
17 so that men and women can come together in
18 places like this to enable laws and enact
19 legislation that reflect Your justice, love
20 and mercy.
21 On this very day 38 years ago, our
22 nation was deep mourning. We mourned because
23 the king of dreams was killed. We mourned
24 because we had not yet realized his dream of
25 freedom.
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1 So today, let us reach out to each
2 other as a nation -- one people, one heart --
3 and work towards that dream of freedom. As
4 Dr. King said, let freedom ring from every
5 mountainside. From the mighty mountains of
6 New York to our borders with Mexico, let
7 freedom and justice ring. From the Stone
8 Ridge Mountain of Georgia to the Basin Street
9 in New Orleans, let freedom ring.
10 But not only there. Let it ring
11 from the streets of Baghdad and Mosul to the
12 streets of Kandahar and Kabul. Let freedom
13 ring from every village and hamlet, from every
14 city, state and country.
15 Then we will be able to speed up
16 that day when all of God's children -- black,
17 white, red, brown -- when every Jew,
18 Christian, Muslim, Hindu, Buddhist, when men,
19 women and children of all faiths and
20 backgrounds will be able to hold hands and
21 sing, in the words of the old Negro spiritual:
22 Free at last, free at last, thank God
23 Almighty, we're free at last.
24 THE PRESIDENT: Please be seated.
25 Reading of the Journal.
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1 THE SECRETARY: In Senate,
2 Tuesday, April 4, the Senate met pursuant to
3 adjournment. The Journal of Monday, April 3,
4 was read and approved. On motion, Senate
5 adjourned.
6 THE PRESIDENT: Without
7 objection, the Journal stands approved as
8 read.
9 Presentation of petitions.
10 Messages from the Assembly.
11 Messages from the Governor.
12 Reports of standing committees.
13 Reports of select committees.
14 Communications and reports from
15 state officers.
16 Motions and resolutions.
17 Senator Bruno.
18 SENATOR BRUNO: Madam President,
19 there is a resolution at the desk by Senator
20 Breslin. I would ask that it be read in its
21 entirety and move for its immediate adoption.
22 THE PRESIDENT: The Secretary
23 will read.
24 THE SECRETARY: By Senators
25 Breslin, Bruno, Larkin and all members of the
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1 Senate, Legislative Resolution Number 4430,
2 mourning the untimely death of Captain Timothy
3 Moshier of Bethlehem, New York, and paying
4 tribute to his courageous actions as a member
5 of the United States Army.
6 "WHEREAS, The courage and bravery
7 of our military personnel since the United
8 States Armed Forces commenced Operation Iraqi
9 Freedom will ensure our continued role as a
10 nation which embodies the ideals of democracy,
11 and as a defender of liberty for people
12 throughout the world; and
13 "WHEREAS, Members of the armed
14 services of the State of New York, who have
15 served so valiantly and honorably during
16 Operation Iraqi Freedom, deserve a special
17 salute from this Legislative Body; and
18 "WHEREAS, It is with feelings of
19 deepest regret that this Legislative Body
20 mourns the untimely death of Captain Timothy
21 Moshier of Bethlehem, New York, and pays
22 tribute to his courageous actions as a member
23 of the United States Army; and
24 "WHEREAS, Timothy Moshier, a 1998
25 Bethlehem High School graduate, died Saturday,
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1 April 1, 2006, at the age of 25, defending his
2 country; and
3 "WHEREAS, After graduating from
4 high school, Timothy Moshier was admitted to
5 the United States Academy at West Point; and
6 "WHEREAS, Friends and family fondly
7 remember Timothy Moshier, who, as he was
8 growing up, was always a big kid, and even at
9 6 foot 2 inches, was also very kind and
10 extremely gentle, traits he carried into
11 adulthood; and
12 "WHEREAS, Timothy Moshier rose to
13 the esteemed rank of captain, piloting some of
14 the most complicated and temperamental
15 machines in the military. As his
16 responsibilities grew, his commitment to serve
17 his country deepened and deepened; and
18 "WHEREAS, Captain Timothy Moshier
19 is survived by his beloved wife, Katherine,
20 his precious 10-month-old daughter, Natalie,
21 his parents, James and Mary Ellen Moshier, and
22 his sister, Lauren; and
23 "WHEREAS, The banner of freedom
24 will always wave over our beloved New York and
25 all of America, the land of the free and the
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1 home of the brave; and
2 "WHEREAS, Residents of this great
3 state must never forget the courage with which
4 these men and women served their country, and
5 must recognize that no greater debt is owed
6 than that owed to those who gave their lives
7 for their beloved nation and to those who
8 continue to be missing in action; and
9 "WHEREAS, The freedoms and security
10 we cherish as Americans come at a very high
11 price for those serving in the military in
12 times of conflict. It is fitting and proper
13 that we who are the beneficiaries of those who
14 risk their lives, leaving their families
15 behind, express our appreciation and eternal
16 gratitude for their sacrifices and courageous
17 acts; now, therefore, be it
18 "RESOLVED, That this Legislative
19 Body pause in its deliberations to mourn the
20 untimely death of Captain Timothy Moshier of
21 Bethlehem, New York, and to pay tribute to his
22 courageous actions as a member of the United
23 States Army; and be it further
24 "RESOLVED, That copies of this
25 resolution, suitably engrossed, be transmitted
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1 to the family of Captain Timothy Moshier."
2 THE PRESIDENT: Senator Breslin.
3 SENATOR BRESLIN: Thank you,
4 Madam President.
5 On this day of celebration, West
6 Point Day, it's also a deep day of mourning,
7 as we have lost one of the most courageous
8 young men among us. It shows all of us that
9 freedom truly is not free.
10 And as we mourn Tim, we should
11 think of us as a country and what it means and
12 what he represented for us. And our thoughts,
13 prayers and condolences go out to the entire
14 family: Mary Ellen, James, and Lauren in our
15 gallery.
16 Thank you, Madam President.
17 THE PRESIDENT: Senator Bruno.
18 SENATOR BRUNO: Thank you, Madam
19 President.
20 And I would just like to add my
21 condolences to Mr. and Mrs. Moshier, to
22 Lauren, Katherine, the captain's wife, and
23 express our gratitude to you as parents, part
24 of the family, for having participated in the
25 life of an individual who went through what a
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1 lot of these young people up here are
2 presently going through, but truly
3 distinguished himself, which is a credit to
4 himself, to your family, to this entire
5 community, this state and this country.
6 And he is a hero, and he will be
7 remembered for the good works that he did.
8 And again, we can only express as well as we
9 can express how badly we feel at such a loss.
10 And words don't say it and can't cover it.
11 But if there's any gratification, it's that
12 this young men committed himself, dedicated
13 himself, so that millions of people throughout
14 the world can live a free life.
15 Thank you, Madam President.
16 THE PRESIDENT: So on behalf of
17 the Governor and the people of this state, I
18 want to extend our deep, deepest sympathy for
19 you on the loss of your son and your brother.
20 He will always be remembered and revered as a
21 hero who made the ultimate sacrifice in
22 outstanding service to his country.
23 All in favor of the resolution
24 please signify by saying aye.
25 (Response of "Aye.")
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1 THE PRESIDENT: Opposed, nay.
2 (No response.)
3 THE PRESIDENT: The resolution is
4 adopted.
5 Again, our deep sympathy to you and
6 your family.
7 Senator Bruno.
8 SENATOR BRUNO: Madam President,
9 I believe there is another resolution, by
10 Senator Larkin, at the desk. I would ask that
11 that resolution be read in its entirety and
12 move for its immediate adoption.
13 THE PRESIDENT: The Secretary
14 will read.
15 THE SECRETARY: By Senator
16 Larkin, Legislative Resolution Number 4424,
17 memorializing Governor George E. Pataki to
18 proclaim April 5, 2006, as West Point Day in
19 the State of New York.
20 "WHEREAS, This Legislative Body is
21 justly proud to celebrate the establishment of
22 the United States Military Academy at
23 West Point and to call upon Governor George E.
24 Pataki to proclaim April 5, 2006, as
25 West Point Day in the State of New York; and
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1 "WHEREAS, By an act of Congress, on
2 March 16, 1802, the United States Military
3 Academy was established within the borders of
4 the State of New York, on the banks of the
5 Hudson River; and
6 "WHEREAS, The Academy and its
7 graduates are an integral part of the proud
8 history of this state and nation; and
9 "WHEREAS, The leadership and
10 sacrifices of the members of the Long Gray
11 Line have helped this country withstand
12 countless threats to our cherished democratic
13 way of life; and
14 "WHEREAS, The alumni have excelled,
15 not only on the battlefield but in many fields
16 of endeavor; and
17 "WHEREAS, The Academy continues to
18 provide our country with able and dedicated
19 future leaders; and
20 "WHEREAS, Its scenic campus is a
21 mecca each year for thousands of visitors from
22 across our state, continent, and other
23 countries; and
24 "WHEREAS, The United States
25 Military Academy is in the forefront of our
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1 state's outstanding institutions of higher
2 learning; and
3 "WHEREAS, 54 years ago, the late
4 James T. McNamara, then a member of the
5 New York State Assembly and a member of the
6 Academy's class of 1939, was the author of the
7 State Legislature's first West Point Day
8 resolution; and
9 "WHEREAS, For decades, our nation
10 has enjoyed the legacy of freedom and the
11 United States Military Academy at West Point
12 has played a vitally significant role in the
13 maintenance of peace and freedom; and
14 "WHEREAS, The members of this
15 Legislative Body are proud to commemorate this
16 event, marking April 5, 2006, as West Point
17 Day in the State of New York; now, therefore,
18 be it
19 "RESOLVED, That this Legislative
20 Body pause in its deliberations to celebrate
21 the establishment of the United States
22 Military Academy at West Point and to
23 memorialize Governor George E. Pataki to
24 proclaim April 5, 2006, as West Point Day in
25 the State of New York; and be it further
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1 "RESOLVED, That a copy of this
2 resolution, suitably engrossed, be transmitted
3 to The Honorable George E. Pataki, Governor of
4 the State of New York."
5 THE PRESIDENT: Senator Bruno.
6 SENATOR BRUNO: Thank you, Madam
7 President and colleagues, cadets.
8 It really is an honor and a
9 privilege for all of us here. This is a very
10 special day, the Governor proclaims April 5th
11 as West Point Day. It means more and more, it
12 seems, every year; many of us have been here
13 before.
14 But our Lieutenant General Lennox,
15 who has been at West Point as a graduate in
16 '71, and for the past five years has led that
17 greatest of all institutions here in the
18 United States.
19 So we welcome you here with honor
20 and with the respect that all of you
21 individually and collectively deserve.
22 And to General Lennox, who is going
23 to move into another passage of his life --
24 after, I believe, this year, June of this
25 year. So we will miss you. But you have
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1 brought recognition, additional recognition
2 and honor by the role model that you represent
3 to these cadets and to people throughout this
4 state and throughout the country.
5 Because when you are top man at
6 West Point, that is a distinction that not too
7 many people get. Having graduated with a
8 doctorate from Princeton in literature, you
9 truly are a role model for everybody. I'm
10 sure the cadets recognize that, as we do here.
11 So thank you for your service and
12 for all the good things that you bring to the
13 Academy and to us.
14 And to the cadets who are here, led
15 by First Captain Stephanie Hightower, from Rio
16 Rancho, New Mexico -- is that correct? Maybe
17 you might want to stand up for a second.
18 She's the first captain leading
19 this.
20 (Applause.)
21 SENATOR BRUNO: And, Captain, let
22 me tell you that while every single individual
23 there is someone that all of us can respect
24 and honor and admire just for being there, but
25 you -- I've got to tell you, when I was
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1 visiting with you earlier, I couldn't
2 believe -- I don't know if Stephanie weighs a
3 hundred pounds. And she has to captain a
4 troop like this. That takes some special
5 doing. And we're going to hear a little more
6 about Stephanie as we move along.
7 I am also honored with T.J. McHugh,
8 who is here as a representative from Ballston
9 Spa -- T.J., congratulations to you -- in my
10 district. And again, I'm about as proud of
11 you as I can be. And you're going to be
12 accompanied by Arthur Murphy, who is here, who
13 is now a senior at La Salle, I believe, and
14 will be joining West Point next year, thank
15 you.
16 And it really is an honor when
17 someone that you're close to is able to
18 accomplish what you accomplish. We just heard
19 Captain Moshier's history, a short life,
20 coming through the ranks. We're all very
21 conscious -- this year more than any other,
22 maybe -- of really the courage, bravery,
23 strength that you have to get where you are,
24 to reach that kind of distinction.
25 But where you're going through
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1 life, you will always, through your life, be a
2 graduate of West Point. That sets you apart
3 from everybody and anyone else.
4 When you look back to the early
5 1800s -- 1802, I believe the general was
6 indicating, West Point went up. And we talk
7 about the granite and you talk about the rocks
8 and you talk about the mighty river running in
9 front of West Point. And as the rabbi so
10 aptly said, it's the people that make it. You
11 are the granite. You are the fortitude. You
12 are the strength of that institution.
13 And as you go on through life, we
14 all will respect and admire, all of us,
15 everyone whose life you touched and touch as
16 you move along. So we thank you for your
17 courage, thank you for your strength. Thank
18 you for doing what others can't do for
19 themselves, being out there in the front
20 lines, prepared to do whatever it takes in the
21 front lines, if that's where you end up,
22 protecting people and maintaining the freedom
23 that this country was built on.
24 So thank you.
25 THE PRESIDENT: Senator Larkin.
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1 SENATOR LARKIN: Thank you, Madam
2 President.
3 Thank you very much, Senator Bruno,
4 for your outstanding evaluation of the Corps
5 of Cadets and what they mean to our country.
6 And thank you, Senator Breslin, for
7 your presentation of a resolution supported by
8 everyone of us in honor of a true
9 West Pointer, a proud New Yorker, and a name
10 we'll never forget.
11 You know, I've had the privilege
12 for 28 years to sponsor a resolution for
13 West Point. As I said earlier today to some
14 of the cadets, I was very fortunate. The day
15 I retired, the Army was in good hands, because
16 General Lennox reported to West Point. I felt
17 that I was well taken care of, and so was the
18 Army, because he was also a New Yorker.
19 But you know, when you talk about
20 the cadets, you talk about those of us who
21 took the easy way out and went to OCS. I just
22 said to the cadets this morning, in all my
23 time on active duty I only met one member of
24 the Long Gray Line that I had a little bit of
25 question about him. He was a great leader,
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1 but when he started taking white glove
2 inspections after being out in the field for
3 three weeks, his wife told him: Get a new
4 job.
5 But you know, today you're led by
6 General Lennox. Look at his career,
7 distinguished from the day he graduated from
8 West Point and he went to the state of
9 Colorado.
10 But you know, when you start to
11 look at the Long Gray Line and you look at the
12 State of New York, we're kind of proud here,
13 especially from our own folks that are here.
14 We've even got -- Senator Bruno's got cadets
15 at the La Salle Institute, one at West Point.
16 The Murphy boys will be going.
17 And we have some others, you know.
18 I'd like to make sure that everybody
19 understands who they're here -- T.J.'s mom and
20 dad are here, they're sitting up in the top
21 here, one state trooper and one former state
22 trooper.
23 We have Colonel Raczkowski, the
24 assistant principal at La Salle, Susan Testo,
25 the better half of Tom Testo, from La Salle.
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1 We have the Murphys, mom and dad are here,
2 joining with us. And we have a member of our
3 staff here who's there with their young son.
4 So that tells you that people from
5 this area thrive to look at West Point for
6 what it means. It's a model. You are the
7 exemplary model. You can talk about anything
8 you want -- the media talks about the bad war,
9 this war, but they don't talk about the
10 outstanding contributions that your colleagues
11 have done, the hospitals they built, the
12 schools they built, the children that they've
13 nursed back together again.
14 West Point is more than just a
15 university on a hill. It's more than people
16 with the Long Gray Line or our dedicated
17 parades and our soon-to-be-recognized-again
18 national football under Ross. We'll make it.
19 But you know, I noticed the
20 engineering, the castles this morning. And
21 all of the castles have to be proud, because
22 the father of West Point, Sylvanus Thayer, was
23 an engineer officer.
24 And as you look about it, just
25 think about what West Point has produced. Two
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1 United States presidents. We've only had five
2 five-star generals; four of them came from
3 West Point. The architect and builder of the
4 Panama Canal. The first American to walk in
5 space. Eighty Congressional Medal of Honor
6 winners. Eighty-two Rhodes Scholars. Three
7 Heisman Trophy winners, as well as we know the
8 number of leaders in government.
9 This is home. This is something
10 special. When you think of some of the people
11 that went there -- Grant, MacArthur,
12 Schwarzkopf, Eisenhower, Patton, names that
13 are in history books -- the history that
14 you're learning today was written by them.
15 Ten years from now, cadets at West Point will
16 be remembering you, because you'll probably be
17 back teaching there, you'll be teaching them
18 what you learned from your former professors
19 and what you've learned on active duty.
20 You know, it's really special when
21 you look at General Lennox, his career.
22 Distinguished. And we take in America and
23 bring somebody to West Point and say to them:
24 For the next five years, you're going to be
25 the father, the spiritual leader, you're going
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1 to be everything else.
2 But there's a person missing here
3 today, Madam President: Mrs. Anne Lennox.
4 General Lennox came to West Point in 2001,
5 just before 9/11. June; correct? It was a
6 trying day at West Point. On that Saturday we
7 had the blackout, a ceremony honoring --
8 because there were a number of cadets whose
9 families were killed and wounded as the plane
10 hit the Pentagon. And a lot of those young
11 cadets were worried about their families. So
12 Mrs. Lennox became a mother, as she has all
13 these five years, to all of them, being
14 responsible to them in their times of need.
15 So, General Lennox, she may be
16 missing in a body picture, but she's here and
17 we will never forget the contribution she made
18 to the cadets at West Point and to New York
19 State as a whole.
20 Now, I think it's appropriate that
21 we would introduce our cadets. These are the
22 future leaders. We have eight members of the
23 Class of '06. I asked one how many days, and
24 they said: "How about if I tell you how many
25 minutes?"
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1 (Laughter.)
2 SENATOR LARKIN: This isn't a
3 normal graduation. Everyone in this class
4 that's graduating know what the future looks
5 to them. But they made it, a grueling four
6 years. No two months off in the summer, a
7 month here and a month there. They put up
8 with it through thick and thin. And they are
9 class. They are America's finest, and I
10 salute you.
11 I'd like to have them stand up as
12 we introduce -- we've already had a talk about
13 it.
14 First Captain, from the great state
15 of New Mexico, Stephanie Hightower.
16 FIRST CADET CAPTAIN HIGHTOWER:
17 Senator Larkin also asked that the members of
18 the Class of 2006 that are graduating this
19 year state the branch that you will be
20 entering as well as the post you'll be going
21 to upon graduation.
22 I'm entering the Army Medical
23 Corps, and I'm going to medical school at Duke
24 University Medical Center.
25 (Applause.)
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1 SENATOR LARKIN: Cadet
2 Christopher Beeler.
3 Cadet Matthew Boise.
4 Cadet John Burns.
5 CADET BURNS: Ladies and
6 gentlemen, I'll be commissioned in the armor
7 branch, and I'm going to Fort Benning,
8 Georgia.
9 SENATOR LARKIN: Fort Benning,
10 Joe. Queen of battle.
11 Cadet Dainis Butners, from Valatie.
12 Cadet Louis Cascino, from my home.
13 CADET CASCINO: Ladies and
14 gentlemen, my name is Lou Cascino. I'll be
15 commissioned in the armor branch, and I'm
16 going to Schofield Barracks, Hawaii.
17 SENATOR LARKIN: Hawaii, how
18 about that.
19 Cadet Tony Ciaffone.
20 Cadet William Denn.
21 CADET DENN: Good morning, ladies
22 and gentlemen. I'm also going to be
23 commissioned as an armor officer, and I'll be
24 stationed at Fort Carson, Colorado.
25 SENATOR LARKIN: Cadet Daniel
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1 Denn.
2 Cadet Patrick Dowdell.
3 CADET DOWDELL: Ladies and
4 gentlemen, I'll be entering the field
5 artillery branch, stationed at Fort Hood,
6 Texas.
7 SENATOR LARKIN: Cadet George
8 Hermogeno, from West Point.
9 CADET HERMOGENO: Ladies and
10 gentlemen, I'll be entering the air defense
11 command, and I'll be stationed in Hanau,
12 Germany.
13 SENATOR LARKIN: Cadet Kristina
14 Jantzen.
15 CADET JANTZEN: Ladies and
16 gentlemen, I'll be entering the corps of
17 engineers, and I'll be stationed at Fort
18 Campbell, Kentucky.
19 SENATOR LARKIN: Cadet T. Jason
20 McHugh.
21 Cadet Tommy Ryder.
22 CADET RYDER: Ladies and
23 gentlemen, I'll be entering the engineer
24 branch and going to Fort Campbell, Kentucky.
25 SENATOR LARKIN: Cadet Joshua
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1 Thomas.
2 Ladies and gentlemen, this is our
3 future leaders.
4 (Standing ovation.)
5 SENATOR LARKIN: When you look at
6 and hear the news of what's going and you
7 think for four years they've been preparing,
8 the Class of 2006 -- they will leave here at
9 the end of May and spread out across the
10 world. Some of them we'll read about in the
11 years to come.
12 Cadet Hightower, we look for great
13 things from you in the medical corps. The
14 engineers, we look for you to make the new
15 designs on bridges, that we won't only be
16 using the tanks as suppressors, but we'll be
17 using the power that we know how to build some
18 of these. Air defense, we'll watch for you
19 and what you're going to do to ballistic
20 missile systems. But most importantly, the
21 infantry, the queen of battle. We'll never
22 forget you. You're the leaders.
23 You know, I just think it's a great
24 day. I'm very proud to represent West Point.
25 And they all know it here. Some of them give
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1 me the needle, "the colonel." But on payday,
2 they all want to borrow the money I get from
3 that 23-year check.
4 (Laughter.)
5 SENATOR LARKIN: But nobody can
6 express it any better than the Majority Leader
7 did. Some of you don't know, he served in the
8 35th Infantry Regiment when we had regiments.
9 He served in the 25th Infantry Division.
10 They're called the Graybeards. I was younger
11 than him; I served with the 27th, the
12 Wolfhounds, the 25th Infantry Division. But
13 as the young man going to Hawaii, Mr. Cascino,
14 Senator Bruno and I went the hard way. We
15 went to Korea.
16 But in this house, what an honor it
17 is to have somebody, when we have people like
18 you here, that he knows what his leaders were
19 that came from West Point. And the respect he
20 shows you today is the respect he's always
21 showed to the military.
22 On behalf of all of my colleagues,
23 I thank you from the bottom of my heart.
24 THE PRESIDENT: Senator
25 DeFrancisco.
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1 SENATOR DeFRANCISCO: Just about
2 everything's been said, but I think one thing
3 ought to be said as well that hasn't been yet.
4 I want to thank all of you for this reason.
5 Every day of week, we look at the
6 media on TV or read the newspaper -- and even
7 today, a high-ranking government official is
8 arrested for a very heinous act. Business
9 leaders stealing money from stockholders for
10 their own personal gain. Sports heroes
11 cheating, as far as the rules are concerned,
12 to enhance their statistics.
13 And I keep thinking, where does it
14 stop? Who do we look to? Who do we look to
15 to show integrity and honor and people that do
16 the right thing because it's the right thing?
17 And I want to thank you for being
18 here, because I got my answer today.
19 You are the people that are doing
20 the right thing. Duty, honor, and country.
21 Ethical behavior, integrity, doing what's
22 right. And you're a role model for everyone
23 here, not only in this room but everyone
24 throughout this country. You, like Captain
25 Moshier, are people that don't think about
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1 themselves first: Not myself first, but what
2 is the right thing to do for our society.
3 So thank you for being here, for
4 giving me the answer that I've been looking
5 for over many, many months of horrible news
6 and horrible indications of what human nature
7 is becoming.
8 Congratulations on your success at
9 West Point, and congratulations in advance for
10 your incredible accomplishments that we all
11 know are going to occur in the future.
12 Thank you.
13 THE PRESIDENT: The question now
14 is on the resolution. All in favor please
15 signify by saying aye.
16 (Response of "Aye.")
17 THE PRESIDENT: Opposed, nay.
18 (No response.)
19 THE PRESIDENT: The resolution is
20 adopted.
21 Senator Bruno.
22 SENATOR BRUNO: Madam President,
23 I would like, with unanimous consent from the
24 Senate, to ask General Lennox if he will
25 address the Senate at this time.
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1 THE PRESIDENT: General Lennox, I
2 present you to the New York State Senate.
3 (Applause.)
4 GENERAL LENNOX: Thank you very
5 much, Majority Leader Bruno, Minority Leader
6 Paterson, Senator Larkin, and members of this
7 distinguished body.
8 It is an honor for all of us to be
9 here. But I accept the honor, not on behalf
10 of just a small group here but all of the
11 soldiers and the ordinary citizens that work
12 at the Academy there and the 4200 cadets that
13 are going to serve our country.
14 I'd like to turn the spotlight from
15 me for just a second and, at the risk of
16 turning their heads, talk a little bit about
17 the group that we have here. And I do it
18 because what we have here are a group of young
19 men and women who have entered the Academy
20 after 9/11, now, and know what they're getting
21 into.
22 I want to introduce you to just a
23 couple. You met Stephanie, who's from
24 New Mexico. A great young lady, the third
25 woman first captain.
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1 Kristina Jantzen, one of 15 cadets
2 with me, daughter of a '76 grad. And he
3 graduated just prior to women coming into the
4 Academy, and she's going to graduate at the
5 30th anniversary of women entering the
6 Academy.
7 John Burns, who grew up on a dairy
8 farm here in New York, with 3,000 cows. And
9 Tommy Ryder, whose father was in the New York
10 City Police Department for 25 years.
11 T.J. McHugh, whose parents are
12 here, son of two New York State troopers. Mom
13 retired with 24 years, father is still in
14 uniform, 28 years. And he's captain of the JV
15 lacrosse team.
16 And Pat Dowdell, whose father,
17 New York City Fire Department Special
18 Operations Command, was at the World Trade
19 Center in '93 at the first bombing, out at
20 Oklahoma City after that tragedy, and then was
21 killed in 9/11. And Pat worked Ground Zero
22 for six months with the fire department and
23 others, played the bagpipe at over 150
24 funerals, including his dad's, before entering
25 West Point.
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1 Half of them here have made the
2 dean's list at one time or another -- I think
3 it's a tribute to the New York State
4 schools -- Chris Beller, Matt Boise, Lou
5 Cascino, John Thomas. In fact, Josh has made
6 it every time.
7 Matt Grinnell, two years of college
8 at the University of Rochester, doing very
9 well in ROTC, before coming to West Point.
10 George Hermogeno came to West Point
11 through the prep school after being a soldier
12 in the 82nd Airborne.
13 Dainis Butners, who's fluent in
14 Latvian. Grandparents fled the Communist Red
15 Carp and Stalin's NKVD. Grandfather received
16 the Order of Three Stars, the highest Latvian
17 award.
18 These are the experiences and the
19 backgrounds that make West Point strong, but
20 also make our Army strong.
21 We have Will and Dan Denn, both on
22 the Model U.N. Team. Will just flew in from
23 Beijing, where the team won its fourth world
24 championship in a row. And the cadet in
25 charge is also from New York.
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1 And Anthony Ciaffone, celebrating
2 his 21st birthday today. Last two years, he
3 had math exams during his birthday. He's
4 thrilled to be up here.
5 (Laughter.)
6 GENERAL LENNOX: Last year I
7 talked about Katie Macfarlane, from Clarence
8 High School near Buffalo, a real basketball
9 star who led the team for four years.
10 This year's women's basketball team
11 went to the NCAA, played a small midwestern
12 college, Tennessee, and did fairly well. It
13 was led by Micky Mallette, from Elmira
14 Heights. And now she is also the second
15 regimental commander, a leader in the corps.
16 New York cadets are breaking
17 athletic records, winning distinguished
18 scholarships, and leading the corps. We're
19 proud of them and proud of our graduates.
20 They're answering the call of war, and some
21 not without sacrifice.
22 It's easy to talk about Captain Amy
23 Bateman, Class of 2000, from Rochester, who
24 deployed to Iraq in 2003 and during the battle
25 of Karbala earned the Bronze Star for her work
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1 as a communications officer.
2 It's a lot harder to talk about Tim
3 Moshier, Class of 2002, from Bethlehem.
4 Apache pilot with the Fourth I.D., a battle
5 captain in ATOC, in Camp Taji near the Green
6 Zone. A great deal of responsibility for a
7 captain, but he handled it extremely well. We
8 mourn Tim's loss, and our hearts are going out
9 to you.
10 Leaders are made, not born. And
11 that's what we do at West Point. We challenge
12 them every day. Physically, intellectually,
13 they achieve excellence. We instill the
14 virtues of duty, honor and country. And we
15 produce those leaders that our nation needs.
16 And we bring in the best and the brightest.
17 And, Arthur, why don't you just
18 stand up. Arthur Murphy, from LaSalle, Class
19 of 2010, the next class coming in. The Long
20 Gray Line is proceeding. We congratulate you,
21 and we look forward to getting you up there.
22 And his brother should be in the Class of
23 2011, right behind him. So congratulations.
24 I'd ask you all come and see us,
25 come and see your Academy, talk to our cadets.
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1 They'll inspire you. They inspire me every
2 single day.
3 Thank you for the last five years.
4 Thank you for your support for the Academy.
5 Go Army!
6 (Standing ovation.)
7 THE PRESIDENT: Senator Bruno.
8 SENATOR BRUNO: Madam President,
9 I believe there is Resolution 4426, by Senator
10 Larkin, at the desk. I would ask that the
11 title be read and move for its immediate
12 adoption.
13 THE PRESIDENT: The Secretary
14 will read.
15 THE SECRETARY: By Senator
16 Larkin, Legislative Resolution Number 4426,
17 honoring Mrs. Anne Lennox upon the occasion of
18 her designation for special recognition.
19 THE PRESIDENT: All in favor of
20 the resolution please signify by saying aye.
21 (Response of "Aye.")
22 THE PRESIDENT: Opposed, nay.
23 (No response.)
24 THE PRESIDENT: The resolution is
25 adopted.
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1 Senator Bruno.
2 SENATOR BRUNO: Madam President,
3 I believe there's another resolution by
4 Senator Larkin, 4425. I would ask that the
5 title be read and move for its immediate
6 adoption.
7 THE PRESIDENT: The Secretary
8 will read.
9 THE SECRETARY: By Senator
10 Larkin, Legislative Resolution Number 4425,
11 honoring the retirement of Lieutenant General
12 William J. Lennox, Jr., Superintendent of the
13 United States Military Academy at West Point.
14 THE PRESIDENT: All in favor of
15 the resolution please signify by saying aye.
16 (Response of "Aye.")
17 THE PRESIDENT: Opposed, nay.
18 (No response.)
19 THE PRESIDENT: The resolution is
20 adopted.
21 Senator Bruno.
22 SENATOR BRUNO: Madam President,
23 may I suggest that all of the members here in
24 the chamber be put on all of these resolutions
25 that we've just passed. Unless anyone wishes
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1 to have their name struck, and then you would
2 approach the desk.
3 THE PRESIDENT: Any member who
4 does not wish to cosponsor the last
5 resolutions please notify the desk.
6 Senator Bruno.
7 SENATOR BRUNO: And, Madam
8 President and colleagues, this concludes the
9 formal part of our West Point Day here. There
10 will be a reception shortly after, with the
11 cadets and the general and their assistants.
12 I would suggest that, as the cadets
13 exit the chamber, that we take a short recess.
14 Thank you.
15 THE PRESIDENT: The Senate stands
16 at ease.
17 (Whereupon, the Senate stood at
18 ease at 11:53 a.m.)
19 (Whereupon, the Senate reconvened
20 at 11:58 a.m.)
21 SENATOR SPANO: Madam President.
22 ACTING PRESIDENT YOUNG: Senator
23 Spano.
24 SENATOR SPANO: Madam President,
25 can you call the house back to order, please.
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1 ACTING PRESIDENT YOUNG: The
2 house will come to order.
3 SENATOR SPANO: I would please
4 ask that we return to motions and resolutions.
5 There are three resolutions at the
6 desk by Senator Trunzo. Could we please ask
7 that the titles be read and move for their
8 adoption.
9 ACTING PRESIDENT YOUNG: The
10 Secretary will read.
11 THE SECRETARY: By Senator
12 Trunzo, Legislative Resolution Number 4431,
13 commending Avette Ware upon the occasion of
14 receiving the State University of New York
15 Chancellor's Award for Student Excellence.
16 By Senator Trunzo, Legislative
17 Resolution Number 4432, commending Katherine
18 Signorelli upon the occasion of receiving the
19 State University of New York Chancellor's
20 Award for Student Excellence.
21 And by Senator Trunzo, Legislative
22 Resolution Number 4433, commending Peter
23 Ellison upon the occasion of receiving the
24 State University of New York Chancellor's
25 Award for Student Excellence.
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1 ACTING PRESIDENT YOUNG: The
2 question is on the resolutions. All in favor
3 signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT YOUNG: Opposed,
6 nay.
7 (No response.)
8 ACTING PRESIDENT YOUNG: The
9 resolutions are adopted.
10 Senator Spano.
11 SENATOR SPANO: There are three
12 resolutions by Senator Johnson at the desk. I
13 would ask that the titles be read and move for
14 their immediate adoption.
15 ACTING PRESIDENT YOUNG: The
16 Secretary will read.
17 THE SECRETARY: By Senator
18 Johnson, Legislative Resolution Number 4434,
19 commending Jose Blanco upon the occasion of
20 receiving the State University of New York
21 Chancellor's Award for Student Excellence.
22 By Senator Johnson, Legislative
23 Resolution Number 4435, commending Michael
24 Williams upon the occasion of receiving the
25 State University of New York Chancellor's
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1 Award for Student Excellence.
2 And by Senator Johnson, Legislative
3 Resolution Number 4436, commending Tom Jordon
4 upon the occasion of receiving the State
5 University of New York Chancellor's Award for
6 Student Excellence.
7 ACTING PRESIDENT YOUNG: The
8 question is on the resolutions. All in favor
9 signify by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT YOUNG: Opposed,
12 nay.
13 (No response.)
14 ACTING PRESIDENT YOUNG: The
15 resolutions are adopted.
16 Senator Spano.
17 SENATOR SPANO: Madam President,
18 there's a resolution by Senator Fuschillo at
19 the desk. I ask for the title to be read and
20 move for its immediate adoption.
21 ACTING PRESIDENT YOUNG: The
22 Secretary will read.
23 THE SECRETARY: By Senator
24 Fuschillo, Legislative Resolution Number 4437,
25 commending Michael Accurso upon the occasion
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1 of receiving the State University of New York
2 Chancellor's Award for Student Excellence.
3 ACTING PRESIDENT YOUNG: The
4 question is on the resolution. All in favor
5 please signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT YOUNG: Opposed,
8 nay.
9 (No response.)
10 ACTING PRESIDENT YOUNG: The
11 resolution is adopted.
12 Senator Spano.
13 SENATOR SPANO: There's a
14 resolution by Senator LaValle at the desk.
15 May I ask for the title to be read and move
16 for its immediate adoption.
17 ACTING PRESIDENT YOUNG: Thank
18 you, Senator Spano.
19 The Secretary will read.
20 THE SECRETARY: By Senator
21 LaValle, Legislative Resolution Number 4438,
22 commending Theresa O'Keefe upon the occasion
23 of receiving the State University of New York
24 Chancellor's Award for Student Excellence.
25 ACTING PRESIDENT YOUNG: The
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1 question is on the resolution. All in favor
2 signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT YOUNG: Opposed,
5 nay.
6 (No response.)
7 ACTING PRESIDENT YOUNG: The
8 resolution is adopted.
9 Senator Spano.
10 SENATOR SPANO: Madam President,
11 can we now move to the reading of the
12 noncontroversial calendar.
13 ACTING PRESIDENT YOUNG: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 382, by Senator Farley, Senate Print 2858A, an
17 act to amend the Environmental Conservation
18 Law, in relation to making technical
19 corrections thereto.
20 ACTING PRESIDENT YOUNG: Read the
21 last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect immediately.
24 ACTING PRESIDENT YOUNG: Call the
25 roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 51.
3 ACTING PRESIDENT YOUNG: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 411, by Senator Little, Senate Print 3376D --
7 SENATOR SCHNEIDERMAN: Lay it
8 aside.
9 ACTING PRESIDENT YOUNG: The bill
10 is laid aside.
11 THE SECRETARY: Calendar Number
12 444, by Senator Larkin, Senate Print 417, an
13 act to amend the Penal Law, in relation to
14 obscene sexual performance by a child.
15 ACTING PRESIDENT YOUNG: Read the
16 last section.
17 THE SECRETARY: Section 10. This
18 act shall take effect on the first of
19 November.
20 ACTING PRESIDENT YOUNG: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 52.
24 ACTING PRESIDENT YOUNG: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 445, by Senator Saland, Senate Print 469, an
3 act to amend the Criminal Procedure Law, in
4 relation to authorizing child witnesses.
5 ACTING PRESIDENT YOUNG: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT YOUNG: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 52.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 446, by Senator Saland, Senate Print 470, an
17 act to amend the Criminal Procedure Law, in
18 relation to expanding.
19 ACTING PRESIDENT YOUNG: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the first day of the
23 calendar month next succeeding.
24 ACTING PRESIDENT YOUNG: Call the
25 roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 52.
3 ACTING PRESIDENT YOUNG: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 448, by Senator Alesi, Senate Print 965, an
7 act to amend the Penal Law, in relation to
8 endangering the welfare of a child.
9 ACTING PRESIDENT YOUNG: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the first of
13 November.
14 ACTING PRESIDENT YOUNG: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT YOUNG: Senator
18 Duane, to explain his vote.
19 SENATOR DUANE: Thank you, Madam
20 President.
21 This bill includes within the crime
22 of endangering the welfare of a child when a
23 person commits an alcohol-related traffic
24 offense in the presence of a minor. And
25 that's a very good idea.
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1 I have to assume, though, that
2 people who drive drunk with children probably
3 have an alcohol addiction. And I'm guessing
4 that children who live in that kind of a
5 household with an active alcoholic probably
6 live in a very scary and chaotic atmosphere.
7 Now, obviously alcoholics need
8 treatment, and a child from an alcoholic home
9 needs mental health services. But chances are
10 in New York State neither one can get the
11 mental health and chemical addiction treatment
12 that they need. And yet we've gone a whole
13 week here in the State Senate without passing
14 Timothy's Law.
15 So I don't know why we don't pass
16 it. It's a mystery to me. We don't have any
17 trouble arresting an alcoholic when they drive
18 under the influence, and I agree with that.
19 But we also need to help deter that from
20 happening by providing treatment. And that's
21 why we need to pass Timothy's Law this
22 session.
23 I vote yes, Madam President.
24 ACTING PRESIDENT YOUNG: Thank
25 you, Senator Duane. You will be recorded in
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1 the affirmative.
2 Announce the results.
3 THE SECRETARY: Ayes, 52.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 451, by Senator LaValle, Senate Print 1626, an
8 act to amend the Criminal Procedure Law, in
9 relation to commission.
10 ACTING PRESIDENT YOUNG: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT YOUNG: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 52.
18 ACTING PRESIDENT YOUNG: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 456, by Senator Spano, Senate Print 2898, an
22 act to amend the Penal Law, in relation to
23 reckless assault.
24 ACTING PRESIDENT YOUNG: Read the
25 last section.
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1 THE SECRETARY: Section 3. This
2 act shall take effect on the first of
3 November.
4 ACTING PRESIDENT YOUNG: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 52.
8 ACTING PRESIDENT YOUNG: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 459, by Senator Golden, Senate Print 6552, an
12 act to amend the Penal Law, in relation to
13 promoting prostitution.
14 ACTING PRESIDENT YOUNG: Read the
15 last section.
16 THE SECRETARY: Section 9. This
17 act shall take effect on the first of
18 November.
19 ACTING PRESIDENT YOUNG: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 52.
23 ACTING PRESIDENT YOUNG: The bill
24 is passed.
25 Senator Spano.
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1 SENATOR SPANO: Madam President,
2 we're going to lay Calendar 411 aside for the
3 day.
4 Is there any other business before
5 the house?
6 ACTING PRESIDENT YOUNG: The bill
7 is laid aside for the day.
8 There is no further business before
9 the house.
10 SENATOR SPANO: Madam President,
11 there being no further business, I move that
12 we adjourn until Monday, April 10th, at
13 3:00 p.m. Intervening days will be
14 legislative days.
15 ACTING PRESIDENT YOUNG: On
16 motion, the Senate stands adjourned until
17 Monday, April 10th, at 3:00 p.m., intervening
18 days being legislative days.
19 (Whereupon, at 12:06 p.m., the
20 Senate adjourned.)
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