Regular Session - May 23, 2006

                                                            3209



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     May 23, 2006

        11                       3:06 p.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       afternoon to give the invocation is Reverend

        11       Jason McGuire, pastor of Ingleside Christian

        12       Church in Naples.

        13                  REVEREND McGUIRE:    Father, You

        14       cannot help but walk these halls and see the

        15       history and the heritage in this building.

        16                  And this of all weeks reminds us of

        17       that as we think about the freedoms and the

        18       things that we enjoy.  And sometimes perhaps

        19       it is easy for us to take that for granted

        20       when we spend so much time in a building such

        21       as this.

        22                  Father, we pray that we would never

        23       forget that what we enjoy, both as Americans

        24       and as New Yorkers, comes from the hand of

        25       God.  Father, we thank You for that.


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         1                  And we pray this day, through all

         2       the actions and all the affairs that take

         3       place here today, that we would remember the

         4       words of the prophet of old:  "He hath showed

         5       thee, O man, what is good; and what doth the

         6       Lord require of thee, but to do justly, and to

         7       love mercy, and to walk humbly with thy God."

         8                  Father, may every heart here be

         9       turned towards You and learn to observe Your

        10       ways, that we may walk humbly with our God.

        11       We pray this in the name of Jesus Christ.

        12                  Amen.

        13                  THE PRESIDENT:    Reading of the

        14       Journal.

        15                  THE SECRETARY:    In Senate,

        16       Monday, May 22, the Senate met pursuant to

        17       adjournment.  The Journal of Sunday, May 21,

        18       was read and approved.  On motion, Senate

        19       adjourned.

        20                  THE PRESIDENT:    Without

        21       objection, the Journal stands approved as

        22       read.

        23                  Presentation of petitions.

        24                  Messages from the Assembly.

        25                  Messages from the Governor.


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         1                  Reports of standing committees.

         2                  The Secretary will read.

         3                  THE SECRETARY:    Senator Saland,

         4       from the Committee on Education, reports the

         5       following bill direct to third reading:

         6       Senate Print 7551, by Senator Fuschillo, an

         7       act to amend the Education Law.

         8                  THE PRESIDENT:    So ordered.

         9                  Reports of select committees.

        10                  Communications and reports from

        11       state officers.

        12                  Motions and resolutions.

        13                  Senator Farley.

        14                  SENATOR FARLEY:    Thank you, Madam

        15       President.

        16                  Amendments to the following bills

        17       are offered:

        18                  On behalf of Senator Trunzo, on

        19       page 49, Calendar Number 954, Senate Print

        20       133;

        21                  On behalf of Senator Skelos, on

        22       page 50, Calendar Number 976, Senate Print

        23       7086A;

        24                  On behalf of Senator Maziarz, on

        25       page 56, Calendar Number 1070, Senate Print


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         1       7329;

         2                  On behalf of Senator Libous, on

         3       page 73, Calendar Number 1233, Senate Print

         4       7307;

         5                  On behalf of Senator Skelos, on

         6       page 75, Calendar Number 1258, Senate Print

         7       7412;

         8                  And on behalf of Senator Larkin, on

         9       page 56, Calendar Number 1067, Senate Print

        10       7143.

        11                  Madam President, I ask that these

        12       bills retain their place on the Third Reading

        13       Calendar.

        14                  THE PRESIDENT:    The amendments

        15       are received, and the bills will retain their

        16       place on the Third Reading Calendar.

        17                  Senator Bruno.

        18                  SENATOR BRUNO:    Madam President,

        19       are there any substitutions at the desk?

        20                  THE PRESIDENT:    Yes, there are,

        21       Senator.

        22                  SENATOR BRUNO:    If we can make

        23       them at this time.

        24                  THE PRESIDENT:    The Secretary

        25       will read.


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         1                  THE SECRETARY:    On page 19,

         2       Senator Nozzolio moves to discharge, from the

         3       Committee on Crime Victims, Crime and

         4       Correction, Assembly Bill Number 4982A and

         5       substitute it for the identical Senate Bill

         6       Number 512A, Third Reading Calendar 359.

         7                  On page 24, Senator Bonacic moves

         8       to discharge, from the Committee on Education,

         9       Assembly Bill Number 9295 and substitute it

        10       for the identical Senate Bill Number 6632,

        11       Third Reading Calendar 484.

        12                  On page 36, Senator Maziarz moves

        13       to discharge, from the Committee on Labor,

        14       Assembly Bill Number 10694A and substitute it

        15       for the identical Senate Bill Number 7291,

        16       Third Reading Calendar 749.

        17                  On page 47, Senator Robach moves to

        18       discharge, from the Committee on Civil Service

        19       and Pensions, Assembly Bill Number 9928A and

        20       substitute it for the identical Senate Bill

        21       Number 7436, Third Reading Calendar 931.

        22                  On page 56, Senator Libous moves to

        23       discharge, from the Committee on

        24       Transportation, Assembly Bill Number 8887A and

        25       substitute it for the identical Senate Bill


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         1       Number 5862A, Third Reading Calendar 1061.

         2                  On page 64, Senator Padavan moves

         3       to discharge, from the Committee on Judiciary,

         4       Assembly Bill Number 9656 and substitute it

         5       for the identical Senate Bill Number 6537,

         6       Third Reading Calendar 1145.

         7                  And on page 69, Senator Fuschillo

         8       moves to discharge, from the Committee on

         9       Consumer Protection, Assembly Bill Number

        10       8456B and substitute it for the identical

        11       Senate Bill Number 5178A, Third Reading

        12       Calendar 1193.

        13                  THE PRESIDENT:    Substitutions

        14       ordered.

        15                  Senator Bruno.

        16                  SENATOR BRUNO:    Madam President,

        17       can we at this time adopt the Resolution

        18       Calendar, with the exceptions of Resolutions

        19       5349, 5429, 5430, 5484, and 5493.

        20                  THE PRESIDENT:    All in favor of

        21       so adopting the Resolution Calendar please

        22       signify by saying aye.

        23                  (Response of "Aye.")

        24                  THE PRESIDENT:    Opposed, nay.

        25                  (No response.)


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         1                  THE PRESIDENT:    The Resolution

         2       Calendar is so adopted.

         3                  Senator Bruno.

         4                  SENATOR BRUNO:    Madam President,

         5       I believe that there is a privileged

         6       resolution at the desk that I have sponsored,

         7       along with my outstanding colleague Senator

         8       Morahan.  I would ask that at this time it be

         9       read in its entirety and move for its

        10       immediate adoption.

        11                  THE PRESIDENT:    The Secretary

        12       will read.

        13                  THE SECRETARY:    By Senator Bruno,

        14       Legislative Resolution Number 5457,

        15       memorializing Governor George E. Pataki to

        16       proclaim May 23, 2006, as Senate Disabilities

        17       Awareness Day in the State of New York.

        18                  "WHEREAS, The New York State Senate

        19       Committee on the Disabled is sponsoring the

        20       26th Annual Senate Disabilities Awareness Day

        21       in Albany, New York; and

        22                  "WHEREAS, Members of this

        23       Legislative Body have selected residents from

        24       their districts who embody the celebrated

        25       spirit of perseverance and determination to


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         1       'achieve through adversity' to be honored as

         2       2006 Senate Achievers; and

         3                  "WHEREAS, In addition, a Technology

         4       Fair will be held with exhibitors from across

         5       the state displaying their programs; and

         6                  "WHEREAS, It is the sense of this

         7       Legislative Body that persons with

         8       disabilities merit our recognition as they

         9       realize the goals of inclusion and equality in

        10       our communities and society at large; and

        11                  "WHEREAS, It is the intent of this

        12       Legislative Body to recognize persons with

        13       disabilities, accentuating, in turn, the

        14       benefit to New York State of their

        15       contributions to our economic, educational and

        16       social growth; and

        17                  "WHEREAS, Senate Disabilities

        18       Awareness Day so clearly labors for the

        19       positive and salutary definition of the

        20       communities of the State of New York; and

        21                  "WHEREAS, Senate Disabilities

        22       Awareness Day provides individuals with an

        23       opportunity to acknowledge and understand the

        24       legislative process; now, therefore, be it

        25                  "RESOLVED, That this Legislative


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         1       Body pause in its deliberations to memorialize

         2       Governor George E. Pataki to proclaim May 23,

         3       2006, as Senate Disabilities Awareness Day in

         4       the State of New York, fully confident that

         5       such procedure mirrors our shared commitment

         6       to the efflorescence of human dignity; and be

         7       it further

         8                  "RESOLVED, That copies of this

         9       resolution, suitably engrossed, be transmitted

        10       to The Honorable George E. Pataki, Governor of

        11       the State of New York, and selected

        12       representatives of persons with disabilities."

        13                  THE PRESIDENT:    Senator Bruno.

        14                  SENATOR BRUNO:    Thank you.  Thank

        15       you, Madam President and colleagues.

        16                  Today, as you heard, we're

        17       celebrating the New York State Senate's 26th

        18       Annual Disabilities Awareness Day.  And all of

        19       us gather together and respect, recognize and

        20       honor people with disabilities who have

        21       achieved in their lives things that would be

        22       beyond anyone's expectation.  It takes a lot

        23       of determination, a lot of dedication.  It's

        24       working through pain, persevering, being

        25       upbeat, being optimistic.


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         1                  All of us think that we have

         2       challenges in life.  You take a look at some

         3       of the people, 22 that we honored here today,

         4       kind of as role models.  And all of us can

         5       learn a great deal from people who have a

         6       disability and don't recognize it and live

         7       without it and overcome and achieve.

         8                  Teena Willard was the lady up here

         9       from Wilton, New York, that we honored, from

        10       my area.  Teena with her mom and dad, Oscar

        11       and Teena Willard.  Teena got in a car

        12       accident at age 20 and became totally

        13       disabled.

        14                  Rather than just accept life as it

        15       was and lament and weep and wail, she went on

        16       to Skidmore College, my alma mater, and found

        17       that it wasn't accessible to a person in a

        18       wheelchair.  She advocated and created total

        19       access for herself and for other students

        20       there at Skidmore, graduating.  Went on with

        21       her life for the past years, doing the same

        22       thing all over this state.  Has worked with

        23       the disabled, with the handicapped, to make

        24       their lives more productive and better.

        25                  So, Teena, thank you again for all


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         1       the good things that you do.  Thank you to all

         2       of you that are here who are being recognized.

         3       And thanks to my colleagues here in the Senate

         4       who spend the time and make the effort to

         5       recognize people who truly are an inspiration

         6       for each and every one of us.

         7                  Thank you, Madam President.

         8                  THE PRESIDENT:    Senator Morahan.

         9                  SENATOR MORAHAN:    Thank you,

        10       Madam President.

        11                  Today, in the Well of the LOB,

        12       several people who we thought were disabled

        13       gathered together to celebrate the

        14       achievements of each other.  It was truly an

        15       inspiring morning for me to see people who

        16       have not only coped with their disability but

        17       achieved far beyond what people without a

        18       disability have done, including me.

        19                  They have taken the disability in

        20       actuality, put it to the side.  Not only have

        21       they coped with their disability, but they

        22       went beyond and they achieved and they served

        23       as role models.  And they have excelled and

        24       they have helped others in all walks of life.

        25       Some were blind, some were disabled with


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         1       limbs, some had other disabilities.  But all

         2       of them served to me, truly as an

         3       inspirational morning, as what can be done

         4       when you put your disability aside.

         5                  And it makes one feel rather

         6       ashamed of oneself when we think of some of

         7       the small disabilities that we may deal with

         8       from time to time and complain about and have

         9       it hold us back in our duties, when we see

        10       these young people, middle-aged people, and

        11       elderly people make us so proud that we have

        12       people like that in the State of New York who,

        13       despite a disability, have achieved greatness

        14       in their lives, activities in their lives --

        15       things physically that I wouldn't even do or

        16       never had the opportunity to do or never had

        17       the inclination to do, I was always fearful of

        18       doing.  But they're kayaking, they're skiing,

        19       they're doing all of those great things.  And,

        20       and their disability is in the back seat, not

        21       in the front seat.

        22                  So my congratulations not only to

        23       those who served as models today, those that

        24       came to Albany to be celebrated with their

        25       achievements, but to all the people with


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         1       disabilities around the State of New York.

         2       Thank you, thank you, thank you for serving

         3       our state so well in so many ways.

         4                  Thank you, Madam President.

         5                  THE PRESIDENT:    Senator

         6       DeFrancisco.

         7                  SENATOR DeFRANCISCO:    Yes, I rise

         8       to echo the words that have already been said.

         9                  You know, it was truly an inspiring

        10       afternoon.  As each name was read, the

        11       accomplishments seemed to be somewhat

        12       different, but really the same theme, that

        13       people can achieve no matter what the

        14       obstacles are if they have it right here, in

        15       their hearts, to do it and if they have the

        16       courage to do it.

        17                  And I just want to congratulate

        18       everyone here who was honored today, and

        19       especially Agnes McCray, from my district, who

        20       has come to lobby here for people with people

        21       with disabilities.  And she does it with

        22       grace, she does it with dignity, and she does

        23       it forcefully to make things happen here in

        24       Albany that are benefiting everyone.

        25                  So thank you, Madam President.


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         1                  THE PRESIDENT:    Senator LaValle.

         2                  SENATOR LaVALLE:    Thank you,

         3       Madam President.

         4                  I rise -- first I'd like to thank

         5       and commend Senator Morahan for the job and

         6       Senator Bruno for the job that they did in

         7       bringing to Albany people who are just so

         8       awe-inspiring.  For those that were there at

         9       the ceremony earlier this morning, the stories

        10       were just incredible.

        11                  And I just wanted to rise to

        12       recognize Chris Pendergast, from my district,

        13       whose story -- and Chris and I spent a lot of

        14       time today, and I must tell you that I have

        15       been very, very inspired by this gentleman,

        16       who has ALS, and the job that he does in

        17       trying to uplift other people, get them

        18       through their problems and use his life as an

        19       example -- is something that I learned today.

        20                  And, Chris, I learned a lot from

        21       you.  Thank you for your advocacy and the work

        22       that you do.

        23                  THE PRESIDENT:    Senator Golden.

        24                  SENATOR GOLDEN:    Thank you, Madam

        25       President.


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         1                  I rise today, too, to thank the

         2       leader and to thank Senator Tom Morahan for

         3       bringing together so many great and wonderful

         4       people, so many miracles that were in that

         5       Well today.

         6                  And they're all over this chamber.

         7       I look on my right here and I see the lady

         8       here from Troy, and from Senator Bruno's area.

         9       And I look up into the balcony, and I see the

        10       police officer that lost his leg and was in a

        11       coma for five months and is back to work.  And

        12       I look over in the corner, at the gentleman

        13       that I brought up from Brooklyn, Billy

        14       Albanese and his father, Vito Albanese.

        15                  Billy was an unfortunate child with

        16       an unfortunate accident in his teens that led

        17       to his being crippled.  And today, at 35 years

        18       of age, he's living with his father.  But

        19       before that, he was sent for residential

        20       treatment in New Jersey, of which this state

        21       paid $200,000 and pays as much as $300,000 to

        22       put these kids into residential treatment

        23       outside the state of New York.

        24                  He was beaten, he was tortured, he

        25       was strapped down for hours.  Two kids were


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         1       killed in the facility that he was housed in,

         2       and they were from New York.

         3                  He brought it to our attention, and

         4       we fought for Billy and we fought for those

         5       other 1,400 children that are placed outside

         6       the State of New York in facilities around the

         7       country.

         8                  And lo and behold, this conference

         9       here, this Senate passed a law last year that

        10       said if we're going to send our children into

        11       out-of-state residences, they have to adhere

        12       to the rules and regulations of the Department

        13       of Health and the other agencies here in the

        14       State of New York if we're to give them the

        15       $200,000 to $300,000 that we give them for

        16       each resident.

        17                  This law will help us to bring

        18       those kids home right here to this state where

        19       they belong, in their communities where they

        20       grew up, and give them the opportunities that

        21       they deserve.

        22                  Because of Billy, because of this

        23       State Senate body here today, and the Governor

        24       signed into law, we have today Billy's Law.

        25       And I want to thank him and his father.


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         1                  And I want to thank so many other

         2       miracles that are here today.  Thank you for

         3       helping us to see.

         4                  Thank you.

         5                  THE PRESIDENT:    All in favor of

         6       the resolution please signify by saying aye.

         7                  (Response of "Aye.")

         8                  THE PRESIDENT:    Opposed, nay.

         9                  (No response.)

        10                  THE PRESIDENT:    The resolution is

        11       adopted.

        12                  Senator Bruno.

        13                  SENATOR BRUNO:    Madam President,

        14       we would like to open up the resolution for

        15       cosponsorship.

        16                  THE PRESIDENT:    The resolution is

        17       open for cosponsorship.  Any Senator who does

        18       not wish to cosponsor the resolution please

        19       notify the desk.

        20                  Senator Bruno.

        21                  SENATOR BRUNO:    Madam President,

        22       I believe there is another resolution at the

        23       desk, by Senator Farley.  I would ask that it

        24       be read in its entirety and move for its

        25       immediate adoption.


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         1                  THE PRESIDENT:    The Secretary

         2       will read.

         3                  THE SECRETARY:    By Senator

         4       Farley, Legislative Resolution Number 5430,

         5       honoring Matthew Swartz upon the occasion of

         6       receiving the Law Enforcement Wings of Law

         7       Eagle Award from the Respect for Law Alliance.

         8                  "WHEREAS, The State of New York

         9       takes great pride in acknowledging the

        10       outstanding achievements of its esteemed

        11       residents; and

        12                  "WHEREAS, Matthew Swartz will

        13       receive the Law Enforcement Wings of Law Eagle

        14       Award from the Respect for Law Alliance during

        15       its annual awards reception and banquet on

        16       May 26, 2006; and

        17                  "WHEREAS, Matt began his

        18       distinguished career in law enforcement with

        19       the Montgomery County Sheriff's Department in

        20       June of 1993.  He served for one year as a

        21       corrections officer before taking road patrol

        22       duties until July of 1997; and

        23                  "WHEREAS, During this time, he also

        24       served with police departments in Johnstown,

        25       Frankfort, Cooperstown, Fort Plain and


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         1       Canojaharie; and

         2                  "WHEREAS, He is currently a trooper

         3       with the New York State Police; and

         4                  "WHEREAS, Matt served with honor in

         5       the New York Air National Guard and has been

         6       honored with the Air Force Achievement Medal

         7       and the New York State Conspicuous Service

         8       Award for lifesaving action while deployed in

         9       Panama; and

        10                  "WHEREAS, He was severely injured

        11       in a car accident in November of 2004 and his

        12       leg was amputated below the knee; and

        13                  "WHEREAS, Matt is a former member

        14       of the Fort Plain Volunteer Fire Department

        15       and is currently a captain with the Sir

        16       William Johnson Fire Department; and

        17                  "WHEREAS, He is a dedicated member

        18       of the Mid-County Volunteer Ambulance Corps.

        19       He is a certified first responder and

        20       instructor in first aid and CPR at multiple

        21       levels; and

        22                  "WHEREAS, Matt also contributes his

        23       time and talent to the Boy Scouts of America,

        24       Police Tactical Officers Association, American

        25       Quarter Horse Association, Palomino Horse


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         1       Breeders of America, National Wild Turkey

         2       Federation, Amputee Coalition of America,

         3       Wounded Warrior Project, New York State Police

         4       Ski Team and the New York State Police

         5       Firearms Competition Team; and

         6                  "WHEREAS, He has also participated

         7       in the Adirondack Sprintacular 5K Run, Wounded

         8       Warrior Project 2nd Annual Ski and the

         9       Northeastern Police Ski Championship; and.

        10                  "WHEREAS, Matt was selected to join

        11       a group of 'survivors' to address the New York

        12       State Police Academy class before their

        13       graduation; and

        14                  "WHEREAS, He and his loving wife,

        15       Alison, reside in Johnstown; and

        16                  "WHEREAS, His positive attitude,

        17       perseverance, and commitment to law

        18       enforcement is in the true spirit of this

        19       prestigious award from the Respect for Law

        20       Alliance, Incorporated; now, therefore, be it

        21                  "RESOLVED, That this Legislative

        22       Body pause in its deliberations to honor

        23       Matthew Swartz upon the occasion of receiving

        24       the Law Enforcement Wings of Law Eagle Award

        25       from the Respect for Law Alliance,


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         1       Incorporated, and be it further

         2                  "RESOLVED, That a copy of this

         3       resolution, suitably engrossed, be transmitted

         4       to Matthew Swartz."

         5                  THE PRESIDENT:    Senator Farley.

         6                  SENATOR FARLEY:    Thank you, Madam

         7       President.

         8                  This is one of the most remarkable

         9       stories that has ever come before this house.

        10       Not only is Matthew is a winner of our

        11       Disabilities Awareness Award today, my

        12       nominee, he is also an inspiration to the

        13       entire State of New York, if not the nation.

        14                  Yes, he was in a coma for five

        15       weeks, with broken bones, a leg amputated

        16       below the knee.  And when he came out of this,

        17       he had one desire:  to return to the New York

        18       State Police.  And my phone rang off the hook

        19       from his comrades that urged me to support his

        20       returning to duty as a New York State trooper.

        21                  And I contacted my former student,

        22       our magnificent superintendent Wayne Bennett,

        23       who's in the gallery with us today.  And

        24       Superintendent Bennett up his cause, and

        25       Matthew Swartz is back on duty.


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         1                  Not only is he an athlete, a runner

         2       who has participated in the Adirondack Sprint

         3       5K run, which our Majority Leader is also a

         4       runner -- he's a skier, an athlete, and a true

         5       credit to the New York State Police.

         6                  He's going to New York City, along

         7       with his superintendent and I would hope his

         8       zone commander, if he can get the day off,

         9       who's also with us in the gallery, Billy

        10       Sprague, William Sprague of Troop G, Zone 3.

        11       And Matthew, who prefers to be call Matt, has

        12       been an absolute inspiration to everybody in

        13       the New York State Police.  And with him today

        14       also is his lovely wife, Alison, who is in the

        15       gallery.

        16                  This is a remarkable story and a

        17       remarkable young man, who has really been an

        18       inspiration to anybody who's received a

        19       terrible handicap of losing a limb and

        20       overcoming it and becoming even a better

        21       person and a better trooper than he was

        22       before.

        23                  Matthew, we're very proud of you,

        24       and congratulations.  And I offer this

        25       resolution, incidentally, to the entire Senate


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         1       for everybody that wishes to go on it.

         2                  THE PRESIDENT:    All in favor of

         3       the resolution please signify by saying aye.

         4                  (Response of "Aye.")

         5                  THE PRESIDENT:    Opposed, nay.

         6                  (No response.)

         7                  THE PRESIDENT:    The resolution is

         8       adopted.

         9                  Anyone who wishes not to cosponsor

        10       the resolution please notify the desk.

        11                  SENATOR FARLEY:    Matthew, please

        12       stand up so we can acknowledge you.

        13                  (Standing ovation.)

        14                  THE PRESIDENT:    Senator Bruno.

        15                  SENATOR BRUNO:    Madam President,

        16       there is a resolution at the desk by Senator

        17       Golden.  We had previously adopted that

        18       resolution.  I would ask at this time that its

        19       title be read.

        20                  THE PRESIDENT:    The Secretary

        21       will read.

        22                  THE SECRETARY:    By Senator

        23       Golden, Legislative Resolution Number 4709,

        24       memorializing Governor George E. Pataki to

        25       proclaim May 2006 as Autism Awareness Month in


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         1       the State of New York.

         2                  THE PRESIDENT:    Senator Golden.

         3                  SENATOR GOLDEN:    Madam President,

         4       I rise again today.  Not only is this

         5       Disability Awareness Day, but this is also

         6       Autism Awareness Month.

         7                  And autism is a complex

         8       developmental disability that typically

         9       appears during the first three years of life.

        10       And the earlier that we get to that child, the

        11       better outcome for that child and that family.

        12                  The result of a neurological

        13       disorder that affects the functioning of the

        14       brain, autism impacts the normal development

        15       of the brain in the areas of social

        16       interaction and communication skill.  Children

        17       and adults with autism typically have

        18       difficulties in verbal and nonverbal

        19       communications, social interaction, and

        20       leisure or play activities.

        21                  Autism knows no racial, ethnic or

        22       social boundaries and is four times more

        23       prevalent in boys than in girls.

        24                  Just a few short years ago, it was

        25       one in 10,000; today, it's one in 166.  It


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         1       affects one child in every 166 children.  This

         2       is of epic proportion.

         3                  Shema Kolainu is a new school and

         4       is the center of children with autism in

         5       Brooklyn, and recognizing today as the

         6       official day of celebrating Autism Awareness

         7       Month.

         8                  Since its inception in 1998, Shema

         9       Kolainu has evolved into a multifaceted

        10       organization that provides comprehensive

        11       services for parents and their preschool and

        12       school-aged children with autism.

        13                  And when you see these children in

        14       their communities and in their settings, and

        15       then you see these children inside Shema

        16       Kolainu in their school setting, they have

        17       little conference rooms where you go behind

        18       these glass -- where the kids can't see you.

        19       And you see these children learning each and

        20       every day as they grow and become positive

        21       roles, working in our society, part of their

        22       community and back part of their family.

        23                  And they work so hard in bringing

        24       those kids and giving them the opportunity for

        25       a life.  They're implemented by caring,


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         1       capable and highly trained staff.  Shema

         2       Kolainu strives to apply the most current

         3       research and techniques available.  Its goal

         4       is to help the students successfully actualize

         5       the utmost potential while allowing them to

         6       participate in a normal home life and to be

         7       part of their community.

         8                  The board of directors and the head

         9       of Shema Kolainu is here today, and all of

        10       their staff.

        11                  We applaud you for the great work

        12       that you have been able to do in Brooklyn and

        13       for the great successes that our children have

        14       seen, not only in your school but in the

        15       schools across this great state and across

        16       this great nation.  We have a tremendous

        17       amount of work to do.

        18                  And there's disparities between the

        19       money that you receive for one child and

        20       another school receiving a different.  That

        21       shouldn't be there.  Should be one stream of

        22       funding for all children so that all children

        23       can get the same successes.

        24                  So for awareness week, we applaud

        25       you, Shema Kolainu.  Thank you very, very much


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         1       for being here and being part of this.

         2                  Thank you.

         3                  THE PRESIDENT:    The resolution

         4       was adopted on April 25, 2006.

         5                  Senator Bruno.

         6                  SENATOR BRUNO:    Madam President,

         7       I have a resolution at the desk.  I would ask

         8       at this time that it be read in its entirety

         9       and move for its immediate adoption.

        10                  THE PRESIDENT:    The Secretary

        11       will read.

        12                  THE SECRETARY:    By Senator Bruno,

        13       Legislative Resolution Number 5349,

        14       congratulating the Hoosick Falls High School

        15       Girls Soccer Team and Coach Tom Husser upon

        16       the occasion of capturing the 2005 New York

        17       State Class C Championship.

        18                  "WHEREAS, Excellence and success in

        19       competitive sports can be achieved only

        20       through strenuous practice, team play and team

        21       spirit, nurtured by dedicated coaching and

        22       strategic planning; and

        23                  "WHEREAS, Athletic competition

        24       enhances the moral and physical development of

        25       the young people of this state, preparing them


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         1       for the future by instilling in them the value

         2       of teamwork, encouraging a standard of healthy

         3       living, imparting a desire for success and

         4       developing a sense of fair play and

         5       competition; and

         6                  "WHEREAS, The 2005 New York State

         7       Class C Champions, the Hoosick Falls High

         8       School Girls Soccer Team finished with a

         9       record of 22-2-1 and were also the 2005

        10       New York State Scholar Athlete Team, New York

        11       State Class C Regional Champions and

        12       Section II Class C Champions; and

        13                  "WHEREAS, The athletic talent

        14       displayed by this team is due in great part to

        15       the efforts of Coach Tom Husser and his team

        16       of outstanding assistant coaches, skilled and

        17       inspirational tutors, respected for their

        18       ability to develop potential into excellence;

        19       and

        20                  "WHEREAS, The team's overall record

        21       is outstanding, and the team members were

        22       loyally and enthusiastically supported by

        23       family, fans, friends and the community at

        24       large; and

        25                  "WHEREAS, The hallmarks of the


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         1       Hoosick Falls High School Girls Soccer Team,

         2       from the opening game of the season to

         3       participation in the championship, were a

         4       sisterhood of athletic ability, of good

         5       sportsmanship, of honor and of scholarship,

         6       demonstrating that these team players are

         7       second to none; and

         8                  "WHEREAS, Athletically and

         9       academically, the team members have proven

        10       themselves to be an unbeatable combination of

        11       talents, reflecting favorably on Hoosick Falls

        12       High School; and

        13                  "WHEREAS, Coach Tom Husser and his

        14       dedicated staff have done a superb job in

        15       guiding, molding and inspiring the team

        16       members toward their goals; and

        17                  "WHEREAS, Sports competition

        18       instills the values of teamwork, pride and

        19       accomplishment, and Coach Tom Husser and the

        20       outstanding athletes on the Hoosick Falls High

        21       School Girls Soccer Team have clearly made a

        22       contribution to the spirit of excellence which

        23       is a tradition of their school; now,

        24       therefore, be it

        25                  "RESOLVED, That this Legislative


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         1       Body pause in its deliberations to

         2       congratulate the Hoosick Falls High School

         3       Girls Soccer Team, its members -- Jen

         4       McEachron, Brionna Whitman, Heidi Reece, Kaila

         5       Matatt, Paula Brown, Angelica Martinez, Kerry

         6       Gleason, Shauna Nolan, Meghan Pitt, Melissa

         7       Martelle, Sarah Delurey, Sayde Whitman, Alex

         8       Luke, Annie Mullen, Laura Bornt, Heather

         9       Reece, Carly Pine, Shawnee Webster, Jackie

        10       Kimball, and Becca Laporte -- Manager Greg

        11       Fox, Assistant Coach Leo Surdam, and Coach Tom

        12       Husser on their outstanding season and overall

        13       team record; and be it further

        14                  "RESOLVED, That copies of this

        15       resolution, suitably engrossed, be transmitted

        16       to the Hoosick Falls High School Girls Soccer

        17       Team and to Coach Tom Husser."

        18                  THE PRESIDENT:    Senator Bruno.

        19                  SENATOR BRUNO:    Thank you, Madam

        20       President and colleagues.

        21                  We have the Class C soccer varsity

        22       champions of New York State here with us in

        23       the chamber.  They happen to be from Hoosick

        24       Falls, my district.  Only the second time in

        25       the history of the school do we have a state


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         1       championship team -- both girls, which is

         2       truly an outstanding accomplishment.

         3                  Tom Husser, you heard, as the

         4       coach, his assistant Leo Surdam is here, and

         5       Greg Fox.  We really all want to just respect

         6       and honor you on a great season, outstanding

         7       accomplishment.

         8                  And Jen, Jen McEachron -- you up

         9       there?  Good for you -- posted the second

        10       shutout.  And Heidi Reece provided the game's

        11       only goal.  Where is Heidi?  That is good

        12       going.

        13                  The team scored 102 goals, gave up

        14       only 14 in 25 games.  But not only are they

        15       accomplished athletically, but scholastically.

        16       They are scholars, all of them, which is

        17       really an accomplishment.

        18                  So congratulations.  Three of the

        19       players are All State players.  So you make me

        20       proud that you're in my district.

        21                  You make all of my colleagues proud

        22       that you join us here with this resolution.

        23       Our Lieutenant Governor from Rensselaer County

        24       I know joins me and will speak well enough for

        25       herself in welcoming you, congratulating you.


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         1                  Your experience here as champions

         2       holds you not just in good stead with what

         3       you're doing now, but as you go forward in

         4       life with your team spirit, working together,

         5       developing the skills that you develop about

         6       life in general will keep you winners for the

         7       rest of your life.

         8                  Thanks for joining us.

         9       Congratulations, and God bless you all.

        10                  THE PRESIDENT:    Thank you,

        11       Senator.

        12                  Does any other member wish to be

        13       heard?

        14                  I'd be remiss if I didn't

        15       congratulate you.  As a lifelong resident of

        16       Rensselaer County, I see some familiar faces

        17       up there.

        18                  You know, when I was your age,

        19       young women were not playing organized sports.

        20       To see what you're doing is so wonderful for

        21       me to see.  I know that the qualities that

        22       have made you successful in sports are going

        23       to go a long way along with the road with you

        24       to make you successful every step of the way.

        25                  On the resolution, all those in


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         1       favor please signify by saying aye.

         2                  (Response of "Aye.")

         3                  THE PRESIDENT:    Opposed, nay.

         4                  (No response.)

         5                  THE PRESIDENT:    The resolution is

         6       adopted.

         7                  Congratulations.  Let's stand so

         8       that we can acknowledge you.

         9                  (Applause.)

        10                  SENATOR BRUNO:    Mr. President.

        11                  ACTING PRESIDENT MORAHAN:

        12       Senator Bruno.

        13                  SENATOR BRUNO:    I believe there's

        14       a resolution at the desk by Senator Libous.  I

        15       would ask that it be read in its entirety and

        16       move for its immediate adoption.

        17                  ACTING PRESIDENT MORAHAN:    The

        18       Secretary will read.

        19                  THE SECRETARY:    By Senator

        20       Libous, Legislative Resolution Number 5429,

        21       honoring three Newark Valley High School

        22       students for their heroic and lifesaving

        23       efforts on March 6, 2006.

        24                  "WHEREAS, It is the sense of this

        25       Legislative Body to recognize and commend the


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         1       caring concern and heroic acts of those young

         2       people from the State of New York who take

         3       prompt and appropriate action in emergency

         4       situations; and

         5                  "WHEREAS, Attendant to such

         6       concern, and in full accord with its

         7       long-standing traditions, this Legislative

         8       Body is justly proud to honor Jackie

         9       Celiberti, Julie Corson and Samantha Lindquist

        10       for their heroic and lifesaving efforts on

        11       March 6, 2006; and

        12                  "WHEREAS, A 15-year-old student,

        13       Julie Corson sprang into action when she saw

        14       that her school bus driver lost consciousness

        15       and the bus began to veer off the road.

        16       Sitting behind the driver, she leaped forward

        17       and pushed his foot off of the gas pedal

        18       before using her hands to push the brake pedal

        19       down, averting disaster for the other students

        20       on board the bus; and

        21                  "WHEREAS, At the same time,

        22       16-year-old students Jackie Celiberti and

        23       Samantha Lindquist rushed to help the bus

        24       driver, holding him while trying to keep him

        25       calm as he slipped in and out of


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         1       consciousness; and

         2                  "WHEREAS, Exemplifying the best

         3       potential which is inherent in our most

         4       precious resource, our youth, Jackie

         5       Celiberti, Julie Corson and Samantha Lindquist

         6       have brought enduring honor to their families

         7       and community with their quick-thinking

         8       reaction during an emergency situation; and

         9                  "WHEREAS, Through their spontaneous

        10       and heroic actions, Jackie Celiberti, Julie

        11       Corson and Samantha Lindquist demonstrated

        12       their character and compassion for the welfare

        13       of others, personifying the collective concern

        14       of ordinary citizens across the community of

        15       the State of New York who voluntarily respond

        16       when others are in need of help; now,

        17       therefore, be it

        18                  "RESOLVED, That this Legislative

        19       Body pause in its deliberations to honor

        20       Jackie Celiberti, Julie Corson and Samantha

        21       Lindquist for their heroic and lifesaving

        22       efforts on March 6, 2006, and commend them for

        23       their consummate courage and bravery which

        24       serves as an inspiration to us all; and be it

        25       further


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         1                  "RESOLVED, That copies of this

         2       resolution, suitably engrossed, be transmitted

         3       to Jackie Celiberti, Julie Corson and Samantha

         4       Lindquist."

         5                  ACTING PRESIDENT MORAHAN:

         6       Senator Libous.

         7                  SENATOR LIBOUS:    Thank you,

         8       Mr. President and my colleagues.  It is indeed

         9       an honor for me to rise and honor these three

        10       outstanding young ladies.

        11                  They were on a school bus with 20

        12       of their colleagues when the school bus driver

        13       slumped in his seat, the school bus went off

        14       the road, went toward a mailbox, went over a

        15       mailbox and was headed toward a building.

        16                  Julie took first action, went to

        17       the front of the bus, pulled the driver's leg

        18       off the accelerator, and then, with her hands,

        19       literally pushed the brake to slow and

        20       eventually stop the bus.

        21                  Her colleagues, Jackie and

        22       Samantha, at the same time had rushed to the

        23       aid of the school bus driver, Mr. Ken Card,

        24       and tried to make him comfortable.  But at

        25       that point in time it was evident to them that


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         1       he was suffering from a severe heart attack.

         2                  There were 20 other young people on

         3       the bus.  Those 20 kids were upset, some of

         4       them were screaming and crying, and these

         5       three young heroes took control.  After

         6       stopping the bus and trying to help the

         7       driver, they calmed down the rest of the kids

         8       and then radioed the station, asked for an

         9       ambulance to come to their aid and another bus

        10       to come out.

        11                  Mr. President, to sit and speak to

        12       these three young ladies, these three young

        13       heroes, and have them tell you the story is

        14       quite dramatic and traumatic, as they will

        15       show tears in their eyes because they were

        16       very fond of Mr. Card, who passed away, who

        17       was their bus driver.  As they shared with me,

        18       he was a friendly man, he was a generous man,

        19       he was someone they enjoyed seeing every

        20       morning.  And it was certainly difficult for

        21       them to endure this.  But they saved the lives

        22       of 20 other young people on that bus.

        23                  And the other thing they shared

        24       with me when I asked them "What made you jump

        25       to action so quickly and handle this


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         1       situation?" they said, "We were trained.

         2       Twice a year, we are trained by the driver and

         3       others how to react in a situation."  And

         4       these three young ladies, these three heroes

         5       responded as they were supposed to.

         6                  It is indeed an honor for me to

         7       stand before you today and give them special

         8       recognition, to salute them.  They are here

         9       with their parents.  And I want to recognize

        10       Julie is here with her parents, Joyce and

        11       Donald.  Jackie is here with her parents, Mike

        12       and Cathy.  Samantha is here with her mom,

        13       Stephanie; her grandmother, Barbara.

        14                  We also have Meg Grant, who is the

        15       Newark Valley superintendent, and Ron Finch,

        16       the assistant superintendent, and Nelissa

        17       Jenson, who is the transportation supervisor.

        18                  My colleagues, please join me in

        19       saluting these three young heroes.

        20                  (Standing ovation.)

        21                  SENATOR SALAND:    Mr. President.

        22                  ACTING PRESIDENT MORAHAN:

        23       Senator Saland.

        24                  SENATOR SALAND:    May I be heard

        25       on the resolution as well, please.


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         1                  ACTING PRESIDENT MORAHAN:    You

         2       certainly can be heard.

         3                  SENATOR SALAND:    I cannot profess

         4       to know these three young ladies nor their

         5       families and those who have joined with them

         6       here, but I would like to commend Senator

         7       Libous for bringing their acts of courage and

         8       bravery to our attention.

         9                  As the chairman of the Senate

        10       Education Committee, far too often we learn of

        11       incidents, however representative or

        12       unrepresentative they may be, of misdeeds of

        13       young people.  In this case, this is just a

        14       sterling example of not merely bravery but of

        15       character, of concern, of a desire not merely

        16       to take care of oneself but a desire to help

        17       those who are classmates, friends and those

        18       who you share your lives with, in an

        19       extraordinary act of heroism, cool and calm,

        20       apparently, under the greatest of pressure.

        21                  So I'd like to share in the pride

        22       that this body has in commending you today and

        23       again thank Senator Libous for bringing this

        24       not only to our attention but to the attention

        25       of the greater public at large.


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         1                  Thank you.  Congratulations to you.

         2       May God bless you.

         3                  ACTING PRESIDENT MORAHAN:    Thank

         4       you, Senator Saland.

         5                  We welcome the young ladies here to

         6       the chamber.  We commend you for your fast

         7       thinking, your quick reactions, and for saving

         8       the children and protecting the lives of your

         9       colleagues.  Thank you very much.

        10                  Senator Skelos.

        11                  SENATOR SKELOS:    Would you open

        12       the resolution for cosponsorship, please.

        13                  ACTING PRESIDENT MORAHAN:    The

        14       resolution will be open for sponsorship.  All

        15       those who care not to sponsor the resolution,

        16       please notify the desk.

        17                  On the resolution, all in favor say

        18       aye.

        19                  (Response of "Aye.")

        20                  ACTING PRESIDENT MORAHAN:    Nay?

        21                  (No response.)

        22                  ACTING PRESIDENT MORAHAN:    The

        23       resolution is adopted.

        24                  Senator Skelos.

        25                  SENATOR SKELOS:    Mr. President,


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         1       there's a resolution at the desk, 5484, by

         2       Senator Balboni.  If we could have the title

         3       read, move for its immediate adoption, and

         4       open it up for cosponsorship.

         5                  ACTING PRESIDENT MORAHAN:    The

         6       Secretary will read.

         7                  THE SECRETARY:    By Senator

         8       Balboni, Legislative Resolution Number 5484,

         9       memorializing Governor George E. Pataki to

        10       declare May 21-27, 2006, as Hurricane

        11       Preparedness and Awareness Week in the State

        12       of New York.

        13                  ACTING PRESIDENT MORAHAN:

        14       Senator Balboni.

        15                  SENATOR BALBONI:    Mr. President,

        16       very briefly on this resolution.

        17                  Senator Libous talked about these

        18       fine individuals being able to respond because

        19       they were prepared.  That's the message in

        20       this resolution.

        21                  This is the first hurricane season

        22       after Katrina.  Nationally, people focused on

        23       this.  The Red Cross just released a report

        24       indicating that New Yorkers are less prepared

        25       than they think they are.


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         1                  And it's just an opportunity to say

         2       to everybody, you know what, take care of your

         3       families.  Make sure you've got the right

         4       stuff in your house, make sure you know how to

         5       evacuate if you need to.  And let's pay

         6       attention when the warnings come across.  And

         7       we can all do something to protect ourselves

         8       all throughout the state.

         9                  Thank you, Mr. President.

        10                  ACTING PRESIDENT MORAHAN:    Thank

        11       you, Senator Balboni.

        12                  On the resolution, all those in

        13       favor say aye.

        14                  (Response of "Aye.")

        15                  ACTING PRESIDENT MORAHAN:    Nay?

        16                  (No response.)

        17                  ACTING PRESIDENT MORAHAN:    The

        18       resolution is adopted.

        19                  The resolution is open for

        20       cosponsorship.  Any member who does not wish

        21       to cosponsor the resolution please notify the

        22       desk.

        23                  Senator Skelos.

        24                  SENATOR SKELOS:    Mr. President,

        25       there's a resolution at the desk by Senator


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         1       Sampson, 5493.  If we could have the title

         2       read, move for its immediate adoption, and

         3       open it up for cosponsorship.

         4                  ACTING PRESIDENT MORAHAN:    The

         5       Secretary will read.

         6                  THE SECRETARY:    By Senator

         7       Sampson, Legislative Resolution Number 5493,

         8       memorializing Governor George E. Pataki to

         9       proclaim June 5, 2006, as HIV and AIDS

        10       Remembrance Day in the State of New York.

        11                  ACTING PRESIDENT MORAHAN:    On the

        12       resolution, all in favor say aye.

        13                  (Response of "Aye.")

        14                  ACTING PRESIDENT MORAHAN:

        15       Opposed, nay.

        16                  (No response.)

        17                  ACTING PRESIDENT MORAHAN:    The

        18       resolution is adopted.

        19                  And the resolution will be at the

        20       desk, open for sponsorship.  Those who do not

        21       care to sponsor it will notify the desk.

        22                  SENATOR SKELOS:    Mr. President.

        23                  ACTING PRESIDENT MORAHAN:

        24       Senator Skelos.

        25                  SENATOR SKELOS:    Would you please


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         1       recognize Senator Parker.  He'd like to

         2       comment on Resolution 5478, which was adopted.

         3                  ACTING PRESIDENT MORAHAN:

         4       Senator Parker.

         5                  SENATOR PARKER:    I have a

         6       resolution at the desk.  And this resolution

         7       memorializes the life of Katherine Dunham, who

         8       died at the age of 96 this past Sunday.

         9                  Katherine Dunham was a legendary

        10       dancer, choreographer, teacher and an

        11       anthropologist.  Her work is a pioneering work

        12       on black history and black culture.  She is

        13       somebody who has, when I say expanded the

        14       breadth and the scope and the depth of

        15       particularly the black aesthetic form in the

        16       United States and around the world, that's

        17       really just to scratch at the surface of what

        18       she did.

        19                  She ran inner-city cultural

        20       programs in Haiti, spent a great deal of time

        21       in Haiti.  While she was there, she became

        22       what's called a "mambo," commonly known more

        23       as a priestess of voodoo, both in a way of

        24       kind of understanding the culture of both not

        25       just the world, the African world, not just in


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         1       Africa but in the Caribbean and in the United

         2       States.

         3                  From 1930 to 1960, she toured 57

         4       countries in over six continents, performing

         5       dances, giving demonstrations and really just

         6       exposing the world to black history and black

         7       culture, sometimes for the very first time, in

         8       a real artistic way.

         9                  And she battled, as you can

        10       imagine, in the 1930s, 1940s, 1950s, 1960s,

        11       battled racial discrimination around the

        12       country, from the Deep South to Broadway, many

        13       times refusing to perform in the South in

        14       racially discriminated places, theaters and

        15       other venues.

        16                  And on Broadway, she really brought

        17       some things to Broadway that had never been

        18       seen before, most specifically Verdi's "Aida,"

        19       she did an interpretation of that that was

        20       very -- described by the New York Times as

        21       "lusty," some of us may just call it

        22       passionate.  But it was really a breakthrough

        23       in terms of bringing to mainstream audiences

        24       around the world black history and black

        25       culture.


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         1                  What she said is that -- and this

         2       is kind of a famous quote for her -- that "We

         3       weren't pushing black is beautiful, we were

         4       just showing it."  And that idea of showing

         5       that the history, the culture, the art and the

         6       aesthetic expression of people of African

         7       descent was in fact beautiful.

         8                  She made headlines in 1992 by going

         9       on a 47-day hunger strike protesting the U.S.

        10       policy on repatriating Haitian refugees.  And

        11       in fact she had spoken about, at that point in

        12       her life, being embarrassed to be a United

        13       States citizen because of the way we were

        14       treating these refugees.

        15                  She was honored by many.  She

        16       received over ten honorary doctorates.  She

        17       received the President's Medal of Honor of

        18       Arts.  She received the Albert Schweitzer

        19       prize at the Kennedy Center Honors.  She was a

        20       member of the French Legion of Honor as well

        21       as received many honors from both Brazil and

        22       Haiti.

        23                  And I just wanted to take an

        24       opportunity to talk about her, because her

        25       contribution really meant a lot and people


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         1       like myself wouldn't have an opportunity to

         2       stand on the floor of the New York State

         3       Senate and talk to you today if it wasn't for

         4       pioneers like Katherine Dunham.

         5                  She also developed her own

         6       technique, called the "Dunham Technique,"

         7       that's now being taught around the world, not

         8       just in New York but in Brazil, in Cuba, in

         9       Haiti, in Africa.

        10                  And her contributions to not just

        11       the world of dance and the world of

        12       performance, not to just black history and

        13       Caribbean history, but to American culture and

        14       American history should not be forgotten.

        15                  And I'd like to have this

        16       resolution opened up for cosponsorship by all

        17       the members.  Thank you very much.

        18                  ACTING PRESIDENT MORAHAN:    Thank

        19       you, Senator Parker.

        20                  The resolution will be opened up to

        21       all members for cosponsorship.  Those who do

        22       not want to cosponsor will notify the desk.

        23                  The resolution was previously

        24       adopted.

        25                  Senator Skelos.


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         1                  SENATOR SKELOS:    Mr. President,

         2       if we could go to the noncontroversial reading

         3       of the calendar.

         4                  ACTING PRESIDENT MORAHAN:    The

         5       Secretary will read.

         6                  THE SECRETARY:    Calendar Number

         7       359, substituted earlier today by Member of

         8       the Assembly Aubry, Assembly Print Number

         9       4982A, an act to amend the Correction Law.

        10                  ACTING PRESIDENT MORAHAN:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT MORAHAN:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT MORAHAN:

        18       Announce the results.

        19                  THE SECRETARY:    Ayes, 61.

        20                  ACTING PRESIDENT MORAHAN:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       443, by Senator Morahan, Senate Print 6909C,

        24       an act to amend the General Business Law.

        25                  ACTING PRESIDENT MORAHAN:    Read


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         1       the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT MORAHAN:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT MORAHAN:

         8       Announce the results.

         9                  THE SECRETARY:    Ayes, 61.

        10                  ACTING PRESIDENT MORAHAN:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       484, substituted earlier today by Member of

        14       the Assembly Gunther, Assembly Print Number

        15       9295, an act in relation to transportation

        16       contracts.

        17                  ACTING PRESIDENT MORAHAN:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT MORAHAN:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT MORAHAN:

        25       Announce the results.


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         1                  THE SECRETARY:    Ayes, 61.

         2                  ACTING PRESIDENT MORAHAN:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       539, by Senator Larkin, Senate Print 4018, an

         6       act to amend the Real Property Tax Law.

         7                  ACTING PRESIDENT MORAHAN:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT MORAHAN:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT MORAHAN:

        15       Announce the results.

        16                  THE SECRETARY:    Ayes, 61.

        17                  ACTING PRESIDENT MORAHAN:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       637, by Senator Seward, Senate Print 123, an

        21       act to amend the Criminal Procedure Law.

        22                  ACTING PRESIDENT MORAHAN:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 4.  This

        25       act shall take effect on the 90th day.


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         1                  ACTING PRESIDENT MORAHAN:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT MORAHAN:

         5       Announce the results.

         6                  THE SECRETARY:    Those recorded in

         7       the negative on Calendar Number 637 are

         8       Senators Duane, L. Krueger, and Montgomery.

         9                  Ayes, 58.  Nays, 3.

        10                  ACTING PRESIDENT MORAHAN:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       698, by Senator Morahan, Senate Print 3091B,

        14       an act to amend the Banking Law.

        15                  ACTING PRESIDENT MORAHAN:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT MORAHAN:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT MORAHAN:

        23       Announce the results.

        24                  THE SECRETARY:    Ayes, 61.

        25                  ACTING PRESIDENT MORAHAN:    The


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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       749, substituted earlier today by Member of

         4       the Assembly John, Assembly Print Number

         5       10694A, an act to amend the Labor Law.

         6                  ACTING PRESIDENT MORAHAN:    There

         7       is a local fiscal impact note at the desk.

         8                  Read the last section.

         9                  THE SECRETARY:    Section 3.  This

        10       act shall take effect on the 60th day.

        11                  ACTING PRESIDENT MORAHAN:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT MORAHAN:

        15       Announce the results.

        16                  THE SECRETARY:    Ayes, 61.

        17                  ACTING PRESIDENT MORAHAN:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       755, by Senator Flanagan, Senate Print 2825A,

        21       an act to amend the Executive Law and others.

        22                  ACTING PRESIDENT MORAHAN:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 7.  This

        25       act shall take effect January 1, 2007.


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         1                  ACTING PRESIDENT MORAHAN:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT MORAHAN:

         5       Announce the results.

         6                  THE SECRETARY:    Ayes, 61.

         7                  ACTING PRESIDENT MORAHAN:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       803, by Senator Marchi, Senate Print 1945, an

        11       act to amend the Public Authorities Law.

        12                  ACTING PRESIDENT MORAHAN:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 3.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT MORAHAN:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT MORAHAN:

        20       Announce the results.

        21                  THE SECRETARY:    Ayes, 61.

        22                  ACTING PRESIDENT MORAHAN:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       812, by Senator Libous, Senate Print 6425A, an


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         1       act to amend the Highway Law.

         2                  ACTING PRESIDENT MORAHAN:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 3.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT MORAHAN:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT MORAHAN:

        10       Announce the results.

        11                  THE SECRETARY:    Ayes, 61.

        12                  ACTING PRESIDENT MORAHAN:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       822, by Senator Robach, Senate Print 1906 --

        16                  SENATOR SKELOS:    Lay it aside for

        17       the day, please.

        18                  ACTING PRESIDENT MORAHAN:    The

        19       bill is laid aside for the day.

        20                  THE SECRETARY:    Calendar Number

        21       846, by Senator Little, Senate Print 1183B, an

        22       act to amend Chapter 30 of the Laws of 1985,

        23       relating to persons who may practice.

        24                  ACTING PRESIDENT MORAHAN:    Read

        25       the last section.


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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT MORAHAN:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT MORAHAN:

         7       Announce the results.

         8                  THE SECRETARY:    Ayes, 61.

         9                  ACTING PRESIDENT MORAHAN:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       928, by Senator Robach, Senate Print 7387, an

        13       act to amend the Civil Service Law.

        14                  ACTING PRESIDENT MORAHAN:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 7.  This

        17       act shall take effect on the 90th day.

        18                  ACTING PRESIDENT MORAHAN:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT MORAHAN:

        22       Announce the results.

        23                  THE SECRETARY:    Ayes, 61.

        24                  ACTING PRESIDENT MORAHAN:    The

        25       bill is passed.


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         1                  THE SECRETARY:    Calendar Number

         2       931, substituted earlier today by Member of

         3       the Assembly Rivera, Assembly Print Number

         4       9928A, an act to amend the Civil Service Law.

         5                  ACTING PRESIDENT MORAHAN:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT MORAHAN:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT MORAHAN:

        13       Announce the results.

        14                  THE SECRETARY:    Ayes, 61.

        15                  ACTING PRESIDENT MORAHAN:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       933, by Senator Golden, Senate Print 7442, an

        19       act to allow members of the Board of

        20       Education.

        21                  ACTING PRESIDENT MORAHAN:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT MORAHAN:    Call


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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT MORAHAN:

         4       Announce the results.

         5                  THE SECRETARY:    Ayes, 61.

         6                  ACTING PRESIDENT MORAHAN:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       974, by Senator Volker, Senate Print 6944A, an

        10       act to legalize, validate, ratify and confirm.

        11                  ACTING PRESIDENT MORAHAN:    There

        12       is a home-rule message at the desk.

        13                  Read the last section.

        14                  THE SECRETARY:    Section 5.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT MORAHAN:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT MORAHAN:

        20       Announce the results.

        21                  THE SECRETARY:    Ayes, 61.

        22                  ACTING PRESIDENT MORAHAN:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       982, by Senator Balboni, Senate Print 7266, an


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         1       act to authorize.

         2                  ACTING PRESIDENT MORAHAN:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT MORAHAN:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT MORAHAN:

        10       Announce the results.

        11                  THE SECRETARY:    Ayes, 59.  Nays,

        12       2.  Senators Bonacic and Rath recorded in the

        13       negative.

        14                  ACTING PRESIDENT MORAHAN:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       983, by Senator Little, Senate Print 7274A, an

        18       act to amend the Town Law.

        19                  ACTING PRESIDENT MORAHAN:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT MORAHAN:    Call

        24       the roll.

        25                  (The Secretary called the roll.)


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         1                  ACTING PRESIDENT MORAHAN:

         2       Announce the results.

         3                  THE SECRETARY:    Ayes, 61.

         4                  ACTING PRESIDENT MORAHAN:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       985, by Senator Fuschillo, Senate Print 7555,

         8       an act authorizing the assessor of the village

         9       of Freeport.

        10                  ACTING PRESIDENT MORAHAN:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT MORAHAN:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT MORAHAN:

        18       Announce the results.

        19                  THE SECRETARY:    Ayes, 59.  Nays,

        20       2.  Senators Bonacic and Rath recorded in the

        21       negative.

        22                  ACTING PRESIDENT MORAHAN:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1002, by Senator Marcellino, Senate Print


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         1       6737A, an act to amend Chapter 672 of the Laws

         2       of 1993.

         3                  ACTING PRESIDENT MORAHAN:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT MORAHAN:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT MORAHAN:

        11       Announce the results.

        12                  THE SECRETARY:    Ayes, 61.

        13                  ACTING PRESIDENT MORAHAN:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1015, by Senator Seward, Senate Print 7602, an

        17       act to amend the Insurance Law.

        18                  ACTING PRESIDENT MORAHAN:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT MORAHAN:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT MORAHAN:


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         1       Announce the results.

         2                  THE SECRETARY:    Ayes, 61.

         3                  ACTING PRESIDENT MORAHAN:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1061, substituted earlier today by the

         7       Assembly Committee on Rules, Assembly Print

         8       Number 8887A, an act to amend Chapter 824 of

         9       the Laws of 1968.

        10                  ACTING PRESIDENT MORAHAN:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT MORAHAN:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT MORAHAN:

        18       Announce the results.

        19                  THE SECRETARY:    Ayes, 61.

        20                  ACTING PRESIDENT MORAHAN:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1076, by Senator Little, Senate Print 7750, an

        24       act to amend the Civil Service Law.

        25                  ACTING PRESIDENT MORAHAN:    Read


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         1       the last section.

         2                  THE SECRETARY:    Section 4.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT MORAHAN:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT MORAHAN:

         8       Announce the results.

         9                  THE SECRETARY:    Ayes, 61.

        10                  ACTING PRESIDENT MORAHAN:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1080, by Senator Spano, Senate Print 7800, an

        14       act to amend the Retirement and Social

        15       Security Law.

        16                  ACTING PRESIDENT MORAHAN:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT MORAHAN:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT MORAHAN:

        24       Announce the results.

        25                  THE SECRETARY:    Ayes, 61.


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         1                  ACTING PRESIDENT MORAHAN:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1099, by Senator Saland, Senate Print 6871, an

         5       act to amend the Criminal Procedure Law.

         6                  ACTING PRESIDENT MORAHAN:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 3.  This

         9       act shall take effect on the 30th day.

        10                  ACTING PRESIDENT MORAHAN:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT MORAHAN:

        14       Announce the results.

        15                  THE SECRETARY:    Ayes, 61.

        16                  ACTING PRESIDENT MORAHAN:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       1108, by Senator Saland, Senate Print 5644A,

        20       an act to amend Chapter 524 of the Laws of

        21       1987.

        22                  ACTING PRESIDENT MORAHAN:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.


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         1                  ACTING PRESIDENT MORAHAN:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT MORAHAN:

         5       Announce the results.

         6                  THE SECRETARY:    Ayes, 61.

         7                  ACTING PRESIDENT MORAHAN:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1113, by Senator Farley, Senate Print 7385A,

        11       an act to authorize the City of Amsterdam.

        12                  ACTING PRESIDENT MORAHAN:    There

        13       is a home-rule message at the desk.

        14                  Read the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT MORAHAN:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT MORAHAN:

        21       Announce the results.

        22                  THE SECRETARY:    Ayes, 61.

        23                  ACTING PRESIDENT MORAHAN:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number


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         1       1123, by Senator Golden, Senate Print 1821, an

         2       act to amend the Education Law.

         3                  ACTING PRESIDENT MORAHAN:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect on the first of April.

         7                  ACTING PRESIDENT MORAHAN:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT MORAHAN:

        11       Announce the results.

        12                  THE SECRETARY:    Ayes, 60.  Nays,

        13       1.  Senator Duane recorded in the negative.

        14                  ACTING PRESIDENT MORAHAN:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       1125, by Senator Marcellino, Senate Print

        18       3114A, an act to amend the Education Law and

        19       others.

        20                  ACTING PRESIDENT MORAHAN:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 16.  This

        23       act shall take effect two years after the date

        24       on which it shall have become a law.

        25                  ACTING PRESIDENT MORAHAN:    Call


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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT MORAHAN:

         4       Announce the results.

         5                  THE SECRETARY:    Ayes, 61.

         6                  ACTING PRESIDENT MORAHAN:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       1128, by Senator Seward, Senate Print 4971, an

        10       act to amend the Education Law.

        11                  ACTING PRESIDENT MORAHAN:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT MORAHAN:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT MORAHAN:

        19       Announce the results.

        20                  THE SECRETARY:    Ayes, 60.  Nays,

        21       1.  Senator Duane recorded in the negative.

        22                  ACTING PRESIDENT MORAHAN:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1129, by Senator Young, Senate Print 5509, an


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         1       act to amend the Education Law.

         2                  ACTING PRESIDENT MORAHAN:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect on the 180th day.

         6                  ACTING PRESIDENT MORAHAN:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT MORAHAN:

        10       Senator Montgomery, to explain your vote.

        11                  SENATOR MONTGOMERY:    Yes, thank

        12       you, Mr. President.

        13                  I am not going to continue to

        14       oppose this legislation.  However, I would

        15       hope that there is a very, very specific

        16       requirement that SED notify people who are

        17       renewing their licenses, or seeking to receive

        18       a license, that this information will be given

        19       over to HESC, Higher Education Services

        20       Corporation.

        21                  And I might add that this is

        22       obviously going to be a growing problem,

        23       because people are graduating from college

        24       with very, very extensive debt.  And to a

        25       large extent I know that in New York State


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         1       some of this debt is secured by HESC.  And

         2       while we do want to collect it, we certainly

         3       don't want to penalize people for trying to be

         4       able to work to pay it back.

         5                  So with that, I'm going to support

         6       this legislation.

         7                  ACTING PRESIDENT MORAHAN:    Thank

         8       you, Senator Montgomery.  You will be recorded

         9       in the affirmative.

        10                  Announce the results.

        11                  THE SECRETARY:    Ayes, 60.  Nays,

        12       1.  Senator Duane recorded in the negative.

        13                  ACTING PRESIDENT MORAHAN:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1138, by Senator Larkin, Senate Print 3577, an

        17       act to amend the Judiciary Law.

        18                  ACTING PRESIDENT MORAHAN:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect on the first of April.

        22                  ACTING PRESIDENT MORAHAN:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT MORAHAN:


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         1       Announce the results.

         2                  THE SECRETARY:    Ayes, 61.

         3                  ACTING PRESIDENT MORAHAN:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1145, substituted earlier today by Member of

         7       the Assembly Lopez, Assembly Print Number

         8       9656, an act to amend the Real Property Law.

         9                  ACTING PRESIDENT MORAHAN:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT MORAHAN:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT MORAHAN:

        17       Announce the results.

        18                  THE SECRETARY:    Ayes, 61.

        19                  ACTING PRESIDENT MORAHAN:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1150, by Senator Marcellino, Senate Print

        23       6738, an act to amend the Tax Law.

        24                  ACTING PRESIDENT MORAHAN:    Read

        25       the last section.


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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT MORAHAN:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT MORAHAN:

         7       Announce the results.

         8                  Senator Duane, to explain his vote.

         9                  SENATOR DUANE:    Thank you,

        10       Mr. President.

        11                  ACTING PRESIDENT MORAHAN:    You're

        12       welcome.

        13                  SENATOR DUANE:    I'm going to vote

        14       for this legislation, which states the

        15       provisions of the Structured Settlement

        16       Protection Act shall apply to assignees of

        17       lottery prize winners who assign winnings for

        18       lump sum payments.

        19                  I can't help, however, to point out

        20       that the lottery can often be abused to the

        21       point of someone developing an addiction to

        22       gambling.  And gambling addiction in general

        23       in New York State is a very serious issue, and

        24       it has and continues to ruin countless

        25       New York families.


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         1                  Obviously, if a New Yorker doesn't

         2       have insurance covering mental health, they

         3       can't get the counseling needed nor can the

         4       families of gambling addicts get the help that

         5       they need.

         6                  So here we are, the last week in

         7       May, and still no Timothy's Law.  And so those

         8       who are addicted to gambling and can't pay for

         9       services to help them with that, or their

        10       families can't pay for their services, fall

        11       deeper into the morass that gambling can

        12       cause.

        13                  So it's wrong that we haven't

        14       passed Timothy's Law, because then we would be

        15       able to make sure that all families indeed all

        16       people in the State of New York will the

        17       mental health services that they need.

        18                  So I'll be voting yes on this,

        19       Mr. President, but I hope that this month

        20       doesn't end without our passing Timothy's Law.

        21                  Thank you.

        22                  ACTING PRESIDENT MORAHAN:    Thank

        23       you, Senator Duane.  You will be recorded in

        24       the affirmative.

        25                  Announce the results.


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         1                  THE SECRETARY:    Ayes, 60.  Nays,

         2       1.  Senator Padavan recorded in the negative.

         3                  ACTING PRESIDENT MORAHAN:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1151, by Senator Larkin, Senate Print 7418, an

         7       act to amend the Racing, Pari-Mutuel Wagering

         8       and Breeding Law.

         9                  ACTING PRESIDENT MORAHAN:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT MORAHAN:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT MORAHAN:

        17       Announce the results.

        18                  THE SECRETARY:    Ayes, 61.

        19                  ACTING PRESIDENT MORAHAN:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1153, by Senator Maziarz, Senate Print 7705,

        23       an act to amend the General Municipal Law.

        24                  ACTING PRESIDENT MORAHAN:    Read

        25       the last section.


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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT MORAHAN:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  SENATOR MONTGOMERY:    Mr.

         7       President.

         8                  ACTING PRESIDENT MORAHAN:

         9       Senator Montgomery, to explain her vote.

        10                  SENATOR MONTGOMERY:    Yes,

        11       Mr. President, to explain my vote.

        12                  I'm not opposing this legislation.

        13       However, I would like to say that we are now

        14       establishing a new type of bingo game called

        15       the bonus ball bingo.  And we already allow

        16       for the game of bingo to be played across this

        17       state, in every locality, and people use that

        18       very often to raise funds, including some

        19       churches and not-for-profits and et cetera.

        20                  And just this past week -- last

        21       week, I believe, here in Albany or in Troy or

        22       Schenectady, Father Young -- who comes and

        23       opens our sessions many, many days when we are

        24       here, with a prayer -- his program was a bingo

        25       game, that consisted of a bingo game, where he


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         1       was able to raise a little funding to support

         2       the programs that he runs -- and many of us in

         3       this room, if I dare not say all of us,

         4       support the work that he does.  Certainly

         5       otherwise we wouldn't allow him to come and

         6       pray for us very often in here.  His program

         7       was shut down, his bingo game.  And the only

         8       reason was that he had some people

         9       volunteering to help run the bingo game who

        10       were formerly incarcerated.

        11                  Now, obviously if that is in law, I

        12       think it is important for us to review that,

        13       because we should not be, while expanding this

        14       bingo program that we believe in to the point

        15       where we are going to make it bigger, expand

        16       it and make a new one, that we're shutting

        17       down a source of income for one of the very

        18       important not-for-profit organizations that's

        19       run by Father Peter Young.

        20                  So, Mr. President, I'm not opposing

        21       this bill, but I am speaking out for the

        22       injustice that has been done to Father Peter

        23       Young's program.  And I hope that my

        24       colleagues in this chamber will be able to

        25       correct that before we end our session.


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         1                  Thank you, Mr. President.

         2                  ACTING PRESIDENT MORAHAN:    Thank

         3       you, Senator Montgomery.  You will be recorded

         4       in the affirmative.

         5                  Announce the results.

         6                  THE SECRETARY:    Ayes, 59.  Nays,

         7       2.  Senators Duane and Padavan recorded in the

         8       negative.

         9                  ACTING PRESIDENT MORAHAN:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1193, substituted earlier today by Member of

        13       the Assembly Pheffer, Assembly Print Number

        14       8456B, an act to amend the General Business

        15       Law.

        16                  ACTING PRESIDENT MORAHAN:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect on the 180th day.

        20                  ACTING PRESIDENT MORAHAN:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT MORAHAN:

        24       Announce the results.

        25                  THE SECRETARY:    Ayes, 61.


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         1                  ACTING PRESIDENT MORAHAN:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1215, by Senator M. Smith, Senate Print 4952B,

         5       an act to amend the Penal Law.

         6                  ACTING PRESIDENT MORAHAN:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT MORAHAN:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT MORAHAN:

        14       Announce the results.

        15                  THE SECRETARY:    Ayes, 60.  Nays,

        16       1.  Senator Duane recorded in the negative.

        17                  ACTING PRESIDENT MORAHAN:    The

        18       bill is passed.

        19                  Senator Skelos, that completes the

        20       noncontroversial reading of the calendar.

        21                  SENATOR SKELOS:    Thank you,

        22       Mr. President.  I believe we're finished with

        23       the calendar.

        24                  And is there any further business

        25       at the desk?


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         1                  ACTING PRESIDENT MORAHAN:    Yes,

         2       sir.

         3                  Senator Fuschillo.

         4                  SENATOR FUSCHILLO:    Thank you,

         5       Mr. President.

         6                  On behalf of Senator Alesi, on page

         7       number 59 I offer the following amendments to

         8       Calendar Number 1097, Senate Print Number

         9       5000, and ask that said bill retain its place

        10       on Third Reading Calendar.

        11                  ACTING PRESIDENT MORAHAN:    The

        12       amendments are received, and the bill will

        13       retain its place on the Third Reading

        14       Calendar.

        15                  SENATOR FUSCHILLO:    Mr.

        16       President.

        17                  ACTING PRESIDENT MORAHAN:    Yes,

        18       Senator Fuschillo.

        19                  SENATOR FUSCHILLO:    On behalf of

        20       Senator Skelos, on page number 50 I offer the

        21       following amendments to Calendar Number 978,

        22       Senate Print Number 7180A, and ask that said

        23       bill retain its place on Third Reading

        24       Calendar.

        25                  ACTING PRESIDENT MORAHAN:    The


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         1       amendments are received, and the bill will

         2       retain its place on the Third Reading

         3       Calendar.

         4                  SENATOR FUSCHILLO:    Mr.

         5       President.

         6                  ACTING PRESIDENT MORAHAN:

         7       Senator Fuschillo.

         8                  SENATOR FUSCHILLO:    On behalf of

         9       Senator Skelos, on page number 34 I offer the

        10       following amendments to Calendar Number 729,

        11       Senate Print Number 7171A, and ask that said

        12       bill retain its place on Third Reading

        13       Calendar.

        14                  ACTING PRESIDENT MORAHAN:    The

        15       amendments are received, and the bill will

        16       retain its place on the Third Reading

        17       Calendar.

        18                  That's it, Senator Skelos.

        19                  SENATOR SKELOS:    Thank you,

        20       Mr. President.

        21                  There being no further business to

        22       come before the Senate, I move we stand

        23       adjourned until Wednesday, May 24th, at

        24       11:00 a.m.

        25                  ACTING PRESIDENT MORAHAN:    On


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         1       motion, the Senate stands adjourned until

         2       May 24th, 11:00 a.m.

         3                  (Whereupon, at 4:18 p.m., the

         4       Senate adjourned.)

         5

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