Regular Session - April 17, 2007

                                                            1925



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    April 17, 2007

        11                       3:04 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  LT. GOVERNOR DAVID A. PATERSON, 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       come to order.

         4                  As we observe our Pledge of

         5       Allegiance to the Flag today, I should inform

         6       you that the Governor has lowered the flags to

         7       half-mast in honor of 32 murdered college

         8       students in Virginia.  All of our prayers go

         9       to their families, the other students, and to

        10       that bereaved community.

        11                  I suggest we have a moment of

        12       silence even prior to our Pledge of

        13       Allegiance.

        14                  (Whereupon, the assemblage

        15       respected a moment of silence.)

        16                  THE PRESIDENT:    Now I'd ask

        17       everyone assembled to please rise and join me

        18       in reciting the Pledge of Allegiance to our

        19       Flag.

        20                  (Whereupon, the assemblage recited

        21       the Pledge of Allegiance to the Flag.)

        22                  THE PRESIDENT:    Our invocation

        23       today will be delivered by the Reverend Harold

        24       H. Comings, of the Bible Baptist Church of

        25       Cortland, New York.


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         1                  Reverend.

         2                  REVEREND COMINGS:    Let's look

         3       together to the Lord in prayer.

         4                  Our God, You mandate us in Your

         5       word to pray on behalf of those who are in

         6       leadership in government.  And we seek to do

         7       that, but it's a rare occasion when we have

         8       the opportunity to do it in the hearing of

         9       some of those men and women.  And today we

        10       have that privilege.

        11                  And as we meet here, we have been

        12       reminded afresh in a very public way that

        13       these men and women are responsible to try to

        14       give us some degree of order in a world that

        15       is very, very messed up and messes with our

        16       minds, with our hearts and our lives.  We live

        17       in a world that is fallen, and many is the

        18       time it falls upon us or upon ones that we

        19       love and care about.

        20                  And so in fulfilling Your

        21       commission to pray for these men and women

        22       gathered here today, we would ask, Father,

        23       that You would give to them in common grace,

        24       day by day, the ability to be wise, the

        25       ability to be discerning, the ability to be


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         1       compassionate, and the ability to be

         2       continually in touch with the real world going

         3       on outside these walls.  That their hearts,

         4       their passions might be in what they do here.

         5                  We thank You for them and for the

         6       desire to make a difference in their world

         7       which motivates them.

         8                  We also remember that when they

         9       come here, they carry on their shoulders the

        10       burdens of life as well.  We realize that they

        11       too experience things that weigh down upon

        12       their hearts -- loved ones who are sick,

        13       decisions that have to be made that confuse

        14       them, things with which they struggle, and

        15       perhaps even -- perhaps even disillusionment

        16       sometimes that comes into their heart as they

        17       seek to do the right thing and find themselves

        18       criticized, find themselves vilified,

        19       sometimes even looking back on decisions

        20       wondering if they did the right thing.

        21                  I ask, Father, that You day by day

        22       would give to these folks the common grace of

        23       Your wisdom.  And we realize that not every

        24       one of them is going to embrace Your son, the

        25       Lord Jesus Christ, as savior.  Thank You for a


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         1       country that gives to us the freedom to accept

         2       or to reject.

         3                  But, Father, may they each one have

         4       within their circle of friendships men or

         5       women who do know Christ who will represent

         6       Him well.  This I would ask in His name.

         7                  Amen.

         8                  THE PRESIDENT:    Thank you,

         9       Father, and thank you, Senator Seward.

        10                  The reading of the Journal.

        11                  THE SECRETARY:    In Senate,

        12       Monday, April 16, the Senate met pursuant to

        13       adjournment.  The Journal of Sunday, April 15,

        14       was read and approved.  On motion, Senate

        15       adjourned.

        16                  THE PRESIDENT:    The Journal is

        17       approved as read.

        18                  To the order of business.

        19                  Presentation of petitions.

        20                  Messages from the Assembly.

        21                  Messages from the Governor.

        22                  Reports of standing committees.

        23                  The Secretary will read.

        24                  THE SECRETARY:    Senator O.

        25       Johnson, from the Committee on Finance,


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         1       reports the following nominations.

         2                  As the chairman of the Public

         3       Employment Relations Board, Jerome Lefkowitz,

         4       Esquire, of Albany.

         5                  THE PRESIDENT:    Senator Johnson.

         6                  SENATOR OWEN JOHNSON:    Move the

         7       nomination.

         8                  THE PRESIDENT:    Senator Maltese,

         9       on the nomination.

        10                  Senator Maziarz, on the nomination.

        11                  SENATOR MAZIARZ:    Thank you very

        12       much, Mr. President.  I appreciate Senator

        13       Maltese yielding to me.

        14                  Mr. President, I rise in support of

        15       this nomination.  Jerome Lefkowitz appeared

        16       before the Senate Labor Committee two or three

        17       weeks ago.  And I have to tell you that,

        18       Mr. President, speaking with Mr. Lefkowitz

        19       both privately and at the committee meeting,

        20       it was almost like talking to Senator Marchi

        21       about the history of the state of New York and

        22       all of his work back in the 1960s with

        23       Governor Rockefeller and former Attorney

        24       General Louie Lefkowitz and his construction

        25       of the Taylor Law and other issues, important


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         1       issues which really make this state great.

         2                  So, Mr. President, I congratulate

         3       Governor Spitzer on this nomination and on the

         4       next nomination we're going to take up, the

         5       nomination of Mr. Hite, both of whom appeared.

         6                  And I want to point out for all of

         7       my friends that Governor Spitzer, when he was

         8       running, said he was going to reach across the

         9       aisle, and these are two great examples of

        10       that, since both Mr. Lefkowitz and Mr. Hite

        11       happen to be registered members of my

        12       political party, Mr. President.

        13                  You looked shocked, Mr. President.

        14       I'm sorry, I didn't mean to stun you.

        15                  Thank you.

        16                  THE PRESIDENT:    Thank you,

        17       Senator Maziarz.

        18                  Are there any other members that

        19       would like to speak on the confirmation?

        20                  Hearing none, on the nomination,

        21       all those in favor please indicate so by

        22       saying aye.

        23                  (Response of "Aye.")

        24                  THE PRESIDENT:    All opposed, nay.

        25                  (No response.)


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         1                  THE PRESIDENT:    The nominee is

         2       confirmed.  Jerome Lefkowitz of Albany,

         3       New York, who is here accompanied by his wife,

         4       Myrna, is hereby confirmed as chair of the

         5       Public Employment Relations Board.

         6                  And, Senator Maziarz, before we

         7       have applause, I'd like you to know he's a

         8       long-time member of my family, and we reach

         9       across the aisle as well.

        10                  So congratulations, Mr. and

        11       Mrs. Lefkowitz, and best wishes as the chair

        12       of the Public Employment Relations Board.

        13                  (Applause.)

        14                  THE PRESIDENT:    The Secretary

        15       will read.

        16                  THE SECRETARY:    As a member of

        17       the Public Employment Relations Board, Robert

        18       Hite, of Albany.

        19                  THE PRESIDENT:    Senator Johnson.

        20                  SENATOR OWEN JOHNSON:    Move the

        21       nomination.

        22                  THE PRESIDENT:    On the

        23       nomination, all those in favor please indicate

        24       so by saying aye.

        25                  (Response of "Aye.")


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         1                  THE PRESIDENT:    Opposed, nay.

         2                  (No response.)

         3                  THE PRESIDENT:    Robert Hite, of

         4       Albany, New York, is now a member of the

         5       Public Employment Relations Board.  He is here

         6       today with his wife, Tricia, and daughter,

         7       Alexandra.  We welcome all of them to the

         8       chamber.

         9                  And, Mr. Hite, you are hereby

        10       confirmed as a member of the Public Employment

        11       Relations Board.

        12                  (Applause.)

        13                  THE PRESIDENT:    Back to the order

        14       of business.

        15                  Reports of select committees.

        16                  Communications and reports from

        17       state officers.

        18                  Motions and resolutions.

        19                  Senator Skelos.

        20                  SENATOR SKELOS:    Mr. President,

        21       if we could adopt the Resolution Calendar,

        22       with the exception of Resolutions 1525, 1526,

        23       1532, and 1534.

        24                  THE PRESIDENT:    All those in

        25       favor of adopting the Resolution Calendar,


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         1       with the exception of Resolutions 1525, 1526,

         2       1532 and 1534, please indicate so by saying

         3       aye.

         4                  (Response of "Aye.")

         5                  THE PRESIDENT:    Opposed, nay.

         6                  (No response.)

         7                  THE PRESIDENT:    The Resolution

         8       Calendar is adopted.

         9                  Senator Skelos.

        10                  SENATOR SKELOS:    Mr. President,

        11       there's a Resolution 6289, by Senator

        12       Fuschillo, which has been previously adopted.

        13       If we could have it read in its entirety at

        14       this time.

        15                  THE PRESIDENT:    Thank you,

        16       Senator Skelos.

        17                  The Secretary will read.

        18                  THE SECRETARY:    By Senator

        19       Fuschillo, Legislative Resolution Number 6289,

        20       honoring the Merrick/North Merrick Little

        21       League 10/11-year-old Baseball Team upon the

        22       occasion of capturing the 2006 New York State

        23       Championship.

        24                  "WHEREAS, It is the sense of this

        25       Legislative Body to recognize and pay tribute


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         1       to those young people within the State of

         2       New York who have inspired and brought pride

         3       to their school and community by achieving

         4       outstanding success in athletic competition

         5       and

         6                  "WHEREAS, Attendant to such concern

         7       and in full accord with its long-standing

         8       traditions, this Legislative Body is justly

         9       proud to honor the Merrick/North Merrick

        10       Little League 10/11-year-old Baseball Team

        11       upon the occasion of capturing the 2006

        12       New York State Championship; and

        13                  "WHEREAS, Outscoring their

        14       opponents in the three Final Four games by 26

        15       runs, the Merrick/North Merrick Little League

        16       10/11-year-old Baseball Team captured the 2006

        17       New York State Championship with a 5-0 victory

        18       over College Point; and

        19                  "WHEREAS, The runners-up in the

        20       2005 New York State Championship, the

        21       Merrick/North Merrick Little League

        22       10/11-year-old Baseball Team are the most

        23       successful team in the 56-year history of

        24       their Little League; and

        25                  "WHEREAS, The athletic talent


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         1       displayed by this team is due in great part to

         2       the efforts of Manager Nick Yohe and Coaches

         3       Bill Goldband and Bill Murphy, skilled and

         4       inspirational tutors who have done a superb

         5       job in guiding, molding and inspiring the team

         6       members toward their goals; and

         7                  "WHEREAS, Loyally and

         8       enthusiastically supported by family, fans and

         9       friends, the Merrick/North Merrick Little

        10       League 10/11-year-old Baseball Team have

        11       proven themselves to be an unbeatable

        12       combination of talents, reflecting favorably

        13       on their community; now, therefore, be it

        14                  "RESOLVED, That this Legislative

        15       Body pause in its deliberations to honor the

        16       Merrick/North Merrick Little League

        17       10/11-year-old Baseball Team, its members --

        18       Ryan Goldband, Michael Mento, Jake Schwartz,

        19       Tommy Murphy, Dean Brownworth, Kevin Hiss,

        20       Tyler Goedtel, Danny Trepel, Timmy Murphy,

        21       Jack Zajaga, Jonathan Goldberg and Tommy

        22       Yohe -- Manager Nick Yohe, and Coaches Bill

        23       Goldband and Bill Murphy upon the occasion of

        24       capturing the 2006 New York State

        25       Championship; and be it further


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         1                  "RESOLVED, That copies of this

         2       resolution, suitably engrossed, be transmitted

         3       to the Merrick/North Merrick Little League

         4       10/11-year-old Baseball Team, Manager Nick

         5       Yohe, and Coaches Bill Goldband and Bill

         6       Murphy."

         7                  THE PRESIDENT:    On the

         8       resolution, Senator Fuschillo.

         9                  SENATOR FUSCHILLO:    Thank you

        10       very much, Mr. President.

        11                  I am proud to rise once again.

        12       This is the third year in a row, my

        13       colleagues, that a team from Merrick Little

        14       League has won the state champs in the

        15       Williamsport tournament.  I don't think any

        16       other Senator can claim that.

        17                  I want to welcome these young boys

        18       to the State Capitol.  I hope you've enjoyed

        19       your day.  They had lunch up here.  They just

        20       toured the Capitol.  They met the Lieutenant

        21       Governor, they met the Majority Leader, and

        22       now you've seen the proceedings of the Senate.

        23                  They were runners-up in 2005.  They

        24       came back, they won the state champs in 2006.

        25       I want to congratulate Nick Yohe, their


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         1       manager, their coaches Bill Murphy and Bill

         2       Goldband, but especially to the parents.  As a

         3       parent of a child who we honored two years ago

         4       in the Williamsport team, I know the

         5       commitment.  I want to congratulate you and

         6       thank you for all of your commitment to your

         7       children.

         8                  Boys, please stand up.

         9       Congratulations.

        10                  (Applause.)

        11                  SENATOR FUSCHILLO:    Thank you

        12       very much, Mr. President.

        13                  THE PRESIDENT:    On the

        14       resolution, Senator Golden.

        15                  SENATOR GOLDEN:    Thank you,

        16       Mr. President.

        17                  I too rise to congratulate these

        18       young warriors up here from Merrick.  Thank

        19       you for what you do for Long Island and for

        20       Williamsport and what you do for your team and

        21       your community at home.  You are truly young

        22       stars that are going to rise someday to be

        23       famous.

        24                  Keep up the great work.  We

        25       appreciate what you've been able to achieve.


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         1       And there will be many more championships

         2       ahead for you guys.  Keep it up.

         3                  I also wanted to point out across

         4       the street from you, right over here, we have

         5       more champs up that from Xaverian High School

         6       in Brooklyn.  And they're here to join us

         7       today as they take a tour of this Capitol.

         8       And each one of them have played in Little

         9       Leagues and today play for Xaverian High

        10       School, many of them.

        11                  So thank you, both of you, both

        12       teams, for being here today, and we appreciate

        13       you coming up to this Capitol.  God bless both

        14       of you.  Thank you.

        15                  (Applause.)

        16                  THE PRESIDENT:    Thank you,

        17       Senator Golden.

        18                  This resolution does not have to be

        19       passed.  It was already unanimously approved

        20       by the Senate on September 15, 2006.  But we

        21       reread it today because we're so happy to have

        22       the North Merrick Little League here with us.

        23                  Earlier today they came in and took

        24       pictures, and I met the coach, Nick Yohe, and

        25       the managers, Bill Goldband and Bill Murphy.


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         1       And we are very happy to have all of you here

         2       today.

         3                  So once again, a hearty

         4       congratulations, and we look forward to seeing

         5       all of you in your last Little League year

         6       appearing in Williamsport and maybe winning

         7       the Little League World Series.

         8                  Congratulations.

         9                  (Applause.)

        10                  THE PRESIDENT:    That last

        11       applause is for Senator Skelos.

        12                  Senator Skelos.

        13                  SENATOR SKELOS:    Thank you,

        14       Mr. President.  There's Resolution 1525 at the

        15       desk by Senator Maltese.  If we could have it

        16       read in its entirety, open it up for

        17       cosponsorship, and move for its immediate

        18       adoption.

        19                  THE PRESIDENT:    The Secretary

        20       will read.

        21                  THE SECRETARY:    By Senator

        22       Maltese, Legislative Resolution Number 1525,

        23       commemorating the 10th Anniversary of the

        24       Interboro Parkway in Kings and Queens Counties

        25       being renamed the Jackie Robinson Parkway, in


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         1       honor of the first African-American baseball

         2       player in the Major Leagues.

         3                  "WHEREAS, It is the intent of this

         4       Legislative Body to recognize and pay tribute

         5       to those exemplary athletes who have attained

         6       unprecedented success and achievement through

         7       personal courage, integrity and dedicated

         8       effort; and

         9                  "WHEREAS, Attendant to such

        10       concern, and in full accord with its

        11       long-standing traditions, this Legislative

        12       Body is justly proud to commemorate the 10th

        13       Anniversary of the Interboro Parkway in Kings

        14       and Queens Counties being renamed the Jackie

        15       Robinson Parkway, in honor of the first

        16       African-American baseball player in the Major

        17       Leagues; and

        18                  "WHEREAS, On April 15, 1947, Jackie

        19       Robinson became the first African-American to

        20       play in a major league baseball game, when he

        21       started at first base for the Brooklyn Dodgers

        22       against the Boston Braves; and

        23                  "WHEREAS, Born on January 31, 1919,

        24       in Cairo, Georgia, Jack Roosevelt Robinson, or

        25       Jackie, as he was known, was raised, along


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         1       with his four brothers and sisters, by his

         2       mother in Pasadena, California; and

         3                  "WHEREAS, an athlete of outstanding

         4       physical skills with a burning, single-minded

         5       desire for victory, Jackie Robinson attended

         6       the University of California at Los Angeles,

         7       where he won an unprecedented four varsity

         8       letters in four different sports:  track,

         9       football, baseball and basketball; and

        10                  "WHEREAS, During World War II,

        11       Jackie Robinson enlisted in the United States

        12       Army, where he rose to the rank of second

        13       lieutenant and was honorably discharged after

        14       two years; and

        15                  "WHEREAS, After leaving the Army,

        16       Jackie Robinson began playing with the Kansas

        17       City Monarchs of the Negro National League.

        18       He was later signed to a major league baseball

        19       contract by Branch Rickey and assigned to the

        20       Dodgers' Montreal farm team of the

        21       International League in 1946; and

        22                  "WHEREAS, At the age of 28, Jackie

        23       Robinson joined the Brooklyn Dodgers of the

        24       National League and led the team to its first

        25       pennant since 1941.  During the season, he hit


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         1       .297, scored 125 runs, and led the league in

         2       stolen bases with 29, and was named Rookie of

         3       the Year; and

         4                  "WHEREAS, Instrumental in leading

         5       the Dodgers to six World Series appearances in

         6       ten years, Jackie Robinson was named Most

         7       Valuable Player in 1949, when he led the

         8       league in batting and stolen bases; and

         9                  "WHEREAS, Jackie Robinson retired

        10       from baseball in 1957 and was elected to the

        11       Baseball Hall of Fame in Cooperstown,

        12       New York, in 1962, a fitting climax to an

        13       illustrious career that triumphed over

        14       adversity and led the way for other

        15       African-American baseball players to emulate;

        16       and

        17                  "WHEREAS, On June 4, 1972, the

        18       Dodgers retired his No. 42 uniform in on-field

        19       ceremonies at Dodger Stadium in Los Angeles,

        20       California.  All of major league baseball

        21       saluted him in 1997, on the 50th anniversary

        22       of his breaking the color barrier, and retired

        23       his number permanently from the game; and

        24                  "WHEREAS, on October 24, 1972,

        25       Jackie Robinson, a man who made it possible


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         1       for Americans to see beyond skin color to a

         2       person's true character, passed away at the

         3       age of 53; and

         4                  "WHEREAS, With him throughout were

         5       his wife, Rachel; his three children, David,

         6       Sharon, and the late Jack, Jr.; and his 11

         7       grandchildren, all of whom felt privileged to

         8       be a part of his life and rejoiced in his many

         9       achievements; and

        10                  "WHEREAS, to celebrate his life and

        11       illustrious achievements, the Robinson family

        12       established the Jackie Robinson Development

        13       Foundation, a real estate development,

        14       management and training organization; the

        15       Jackie Robinson Foundation, a public,

        16       nonprofit organization that provides education

        17       and leadership development programs for

        18       minority youths with limited financial

        19       resources; and the Jackie Robinson Center for

        20       Excellence in Education, an alternative

        21       therapeutic educational program for students

        22       with emotional, behavioral and/or academic

        23       problems; and

        24                  "WHEREAS, The Interboro Parkway was

        25       an appropriate highway for this designation by


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         1       virtue of its location connecting the Borough

         2       of Brooklyn, the former home of the Dodgers

         3       and Ebbets Field, with the Borough of Queens,

         4       the present home of the New York Mets and Shea

         5       Stadium; now, therefore, be it

         6                  "RESOLVED, That this Legislative

         7       Body pause in its deliberations to commemorate

         8       the 10th anniversary of the Interboro Parkway

         9       in Kings and Queens Counties being renamed the

        10       Jackie Robinson Parkway, in honor of the first

        11       African-American baseball player in the major

        12       leagues; and be it further

        13                  "RESOLVED, That copies of this

        14       resolution, suitably engrossed, be transmitted

        15       to the family of Jackie Robinson and Fred

        16       Wilpon, chairman of the board and chief

        17       executive officer of the New York Mets."

        18                  THE PRESIDENT:    On the

        19       resolution, Senator Maltese.

        20                  SENATOR MALTESE:    Mr. President,

        21       I rise in support of the resolution as read.

        22                  What was not included in the

        23       resolution is the fact that Jackie Robinson

        24       served honorably in the United States Army and

        25       despite that honorable service, in 1944, he


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         1       was a first lieutenant and was asked to go to

         2       the rear of the bus that he was traveling on

         3       at the time.  And as a result of the fact that

         4       he declined to do so, he was court martialed

         5       by the same military that he was serving so

         6       honorably.  That court martial came back in

         7       August of 1945 with a not guilty on all

         8       counts.

         9                  The reason I mention that is

        10       twofold.  Number one, that in 1955 Rosa Parks

        11       distinguished herself and also made history by

        12       doing the self-same thing in Montgomery,

        13       Alabama.  And it is believed that she had been

        14       very much aware of what Jackie Robinson had

        15       done some years before.

        16                  In addition, one year and 23 days

        17       after his exoneration and not guilty verdict

        18       from the court martial, he went to Montague

        19       Street in Brooklyn, New York, and met with

        20       Branch Rickey, who was at that time the CEO

        21       and general manager of the Brooklyn Dodgers,

        22       and signed a contract to join the Brooklyn

        23       Dodgers and actually went to their farm team

        24       in Montreal.

        25                  The fact that one year and 23 days


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         1       later he was signing a contract to break the

         2       infamous color barrier in baseball is

         3       significant for us.  Sixty years ago Sunday,

         4       at Ebbets Field, he became the first

         5       African-American to play in major league

         6       baseball.  He played so well, then and

         7       subsequent months, that he was elected the

         8       National League Rookie of the Year in 1947.

         9       And as some of our baseball fans know, that

        10       Rookie of the Year Award now is called the

        11       Jackie Robinson Rookie of the Year Award.

        12                  I want to mention also, in

        13       deference to my colleague Velmanette

        14       Montgomery, that first season he lived all

        15       year long in Bedford-Stuyvesant with his wife

        16       Rachel and his baby son.

        17                  The significance of this great

        18       event has not been missed by our major league

        19       baseball players.  Many of us were pleased to

        20       know that in the two weeks just passing, two

        21       to three weeks just passing, that the baseball

        22       players came forward -- Jackie Robinson wore

        23       the number 42, which was retired by the

        24       Brooklyn Dodgers and retired permanently some

        25       years ago.  And the baseball players, on their


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         1       own, some weeks ago went to the officials of

         2       the leagues and asked to wear the number 42 on

         3       their jerseys on April 15th, the anniversary

         4       of Jackie Robinson's -- the 60th anniversary

         5       of Jackie Robinson's entry into major league

         6       ball.  What a difference those years have

         7       made.  Over 200 players wore that number 42

         8       voluntarily, willingly, and gladly on their

         9       jerseys to commemorate that great day.

        10                  I want to point out that there were

        11       six major league teams that had everybody in

        12       uniform, by vote of the players, coaches,

        13       managers, and batboys.  Those teams are the

        14       Dodgers, the St. Louis Cardinals, the

        15       Pittsburgh Pirates, Philadelphia Phillies, the

        16       Milwaukee Brewers, and the Houston Astros.

        17                  Ten years ago April 15th, I had the

        18       pleasure to cosponsor, with Assemblyman Jeff

        19       Aubry, a bill to rename the Interboro Parkway

        20       the Jackie Robinson Parkway.  This weekend I

        21       went and visited the site of Jackie Robinson's

        22       grave.  Gravesites are very important to me; I

        23       took a lot of pains to ascertain that my own

        24       family's gravesite is in my Senate district.

        25       So in going to that gravesite, I was so


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         1       pleased that no intervening mausoleum, grave

         2       monument or tree had interfered with the fact

         3       that from Jackie Robinson's gravesite, you can

         4       see the Interboro Parkway, previously named,

         5       and now named the Jackie Robinson Parkway.  I

         6       imagine that in that ballfield on high, that

         7       that gives him a great deal of pleasure.

         8                  The inscription on the grave reads:

         9       "A life is not important except in the impact

        10       it has on other lives."  And then his name,

        11       Jackie Robinson, is on that grave marker.

        12       Those were the exact words that Mayor Giuliani

        13       stated at the dedication of the Jackie

        14       Robinson Parkway.

        15                  I have sent around a brief copy of

        16       the Time magazine for 1947, together with a

        17       copy of this resolution.  It says:  "A Look

        18       Back in Time:  A Tribute to Jackie Robinson."

        19       I think my colleagues can read it with the

        20       great pleasure of knowing the changes that

        21       have taken place.  This article was written in

        22       tribute to Jackie Robinson, and yet some of

        23       the phrases, terminology and statements would

        24       have us shake at the fact that our great

        25       nation, such a relatively short time ago, had


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         1       such a problem with color.

         2                  Jackie Robinson went on to be

         3       inducted into the Hall of Fame, and not only

         4       that, but by his constant inspiration and

         5       example has inspired others, black and white,

         6       to enter into sports.  He was an exemplary

         7       sportsman, played in all sports -- as a matter

         8       of fact, indicated at times that baseball was

         9       one of his least favorites.  He excelled in

        10       all of them.  He was a great sportsman and a

        11       great American.

        12                  I am very, very much pleased to

        13       sponsor this resolution and ask that it be

        14       opened to all those colleagues who wish to

        15       join.

        16                  Thank you.

        17                  THE PRESIDENT:    On the

        18       resolution, Senator Adams.

        19                  SENATOR ADAMS:    Thank you,

        20       Mr. President.  I too rise in support of this

        21       resolution.

        22                  I think it's important that on a

        23       day that we acknowledge the young children and

        24       their victory in the Little League series,

        25       that because of Jackie Robinson they are able


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         1       to play on a field where they can communicate

         2       with children who not only look like them but

         3       come from different communities and different

         4       backgrounds.  So it is important that this

         5       takes place on that same day.

         6                  When Jackie Robinson stepped on the

         7       baseball field, it put America into the game.

         8       The question is, are we going to continue to

         9       move in the spirit of that game?

        10                  We're fortunate to have an

        11       African-American that's lieutenant governor,

        12       we're fortunate to have African-Americans that

        13       hold other prestigious positions.  But we have

        14       to extend the spirit of Jackie Robinson into

        15       so many different fields as we join here

        16       today.  For Michael Russell, one of the major

        17       developers in this country, are we going to

        18       pull him into the game of economic

        19       development?  Are we going to pull in other

        20       individuals across this entire state to

        21       participate in this baseball game called life?

        22                  We cannot applaud Jackie if we

        23       continue to boo the players that are on the

        24       field today and they can't participate in

        25       every aspect of the American dream.


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         1                  The American game is not only

         2       baseball, it is also economic development,

         3       economic inclusion, economic prosperity.  And

         4       I would love to live in the spirit of Jackie

         5       by not only putting on the uniform of the

         6       Dodgers but putting on the blue uniform and

         7       the blue suit that would permit me to go into

         8       American Express, Smith Barney, putting on

         9       those robes that allow our children to become

        10       college grads and college participants.

        11                  So I think in the spirit of Jackie

        12       Robinson, let's start the process of not only

        13       opening our baseball fields but opening our

        14       entire state to make sure all Americans can

        15       participate in this game we call life.

        16                  Thank you.

        17                  THE PRESIDENT:    Senator Huntley,

        18       on the resolution.

        19                  SENATOR HUNTLEY:    Yes,

        20       Mr. President.

        21                  I stand to support the resolution

        22       and also to let you know that I once

        23       personally met Jackie Robinson and his wife,

        24       Rachel.  They were weekend guests at my

        25       grandparents' bed and breakfast in Riverhead,


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         1       Long Island, many, many years ago when I was a

         2       very young child.

         3                  They were instrumental in helping

         4       me.  At that time I remember I was trying to

         5       tell time, and the hands were going this way

         6       and that way.  I could do everything else, but

         7       it was so hard to be able to look at the clock

         8       and get the hands correct.

         9                  And I can tell you that Rachel

        10       Robinson was very instrumental.  And when they

        11       left the bed and breakfast that weekend, I was

        12       the greatest time-teller there was in

        13       Riverhead, Long Island.

        14                  Thank you.

        15                  THE PRESIDENT:    Are there any

        16       other Senators wishing to speak on the

        17       resolution?

        18                  Hearing none, the question is on

        19       the resolution.  All those in favor please

        20       indicate so by saying aye.

        21                  (Response of "Aye.")

        22                  THE PRESIDENT:    Opposed, nay.

        23                  (No response.)

        24                  THE PRESIDENT:    The resolution is

        25       adopted.


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         1                  And Senator Skelos has informed us

         2       that Senator Maltese would like to open the

         3       resolution to all Senators.  Anyone not

         4       wanting to be on the resolution should

         5       indicate so at the desk.

         6                  And when you're presiding over the

         7       Senate, you're not supposed to elicit any

         8       personal feelings other than that I'm going to

         9       change my son's name to Serphin.

        10                  (Laughter.)

        11                  THE PRESIDENT:    Senator Skelos.

        12                  SENATOR SKELOS:    Mr. President,

        13       there's a Resolution 1532 at the desk, by

        14       Senator Marcellino.  If we could have it read

        15       in its entirety, open it up for cosponsorship,

        16       and move for its immediate adoption.

        17                  THE PRESIDENT:    The Secretary

        18       will read.

        19                  THE SECRETARY:    By Senator

        20       Marcellino, Legislative Resolution Number

        21       1532, commemorating the 37th Anniversary of

        22       Earth Day on April 22, 2007.

        23                  "WHEREAS, It is the sense of this

        24       Legislative Body to recognize and pay tribute

        25       to those organizations dedicating their


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         1       purposeful work to increasing public awareness

         2       of, and appreciation for, the natural

         3       resources of New York, recognizing the role

         4       all citizens have in protecting the

         5       environment and the quality of life in this

         6       Empire State; and

         7                  "WHEREAS, On April 22, 1970,

         8       approximately 25 million Americans

         9       participated in the first Earth Day

        10       demonstration to express their concerns over

        11       the environment and the fate of the planet;

        12       and

        13                  "WHEREAS, In the 37 years that have

        14       passed since the original Earth Day, the

        15       planet has been subjected to the continuing

        16       burdens of world population growth, increasing

        17       commercial and residential development, ocean

        18       pollution, increasing stores of toxic and

        19       nuclear waste, and other similar assaults

        20       which have exacerbated the growing dangers of

        21       global climate change, ozone depletion, toxic

        22       poisoning, deforestation, and mass species

        23       extinctions; and

        24                  "WHEREAS, Following the first Earth

        25       Day and the demonstrations of concern of over


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         1       20 million Americans, a collective national

         2       action has resulted in the passage of sweeping

         3       new laws to protect the invaluable resources

         4       of air, land and water; and

         5                  "WHEREAS, April 22, 2007, marks the

         6       37th anniversary of Earth Day, a day set aside

         7       to celebrate the beauty and bounty of our

         8       environment and to revitalize the efforts

         9       required to protect and maintain respect for

        10       the environment and its resources; and

        11                  "WHEREAS, Earth Day 2007 activities

        12       and events will educate all citizens on the

        13       importance of acting in an environmentally

        14       sensitive fashion by recycling, conserving

        15       energy and water, using efficient

        16       transportation and adopting more ecologically

        17       sound lifestyles; and

        18                  "WHEREAS, Earth Day 2007 activities

        19       and events will educate all citizens on the

        20       importance of supporting the passage of

        21       legislation that will help protect the

        22       environment and will highlight the importance

        23       of a heightened awareness of environmental

        24       concerns amongst our state's leaders; and

        25                  "WHEREAS, The goal of Earth Day


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         1       2007 is not to plan only one day of events and

         2       activities but to continue worldwide efforts

         3       to protect all aspects of the environment;

         4       now, therefore, be it

         5                  "RESOLVED, That this Legislative

         6       Body pause in its deliberations to commemorate

         7       the 37th anniversary of Earth Day on April 22,

         8       2007; and be it further

         9                  "RESOLVED, That this Legislative

        10       Body congratulate all the concerned citizens

        11       of New York State who have embraced the

        12       responsible work of protecting and preserving

        13       the environment for future generations."

        14                  THE PRESIDENT:    On the

        15       resolution, Senator Marcellino.

        16                  SENATOR MARCELLINO:    Thank you,

        17       Mr. President.

        18                  A little while ago, on my way down,

        19       someone asked the question on the Resolution

        20       Calendar, they recognized that this resolution

        21       was on once again, and said:  "Why are you

        22       doing it again?  Every year you stand up about

        23       the same time, and you put this resolution

        24       forward.  Why again?  Hasn't the message

        25       gotten across?  Who are you talking to?


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         1       Everybody knows the environment is something

         2       we have to protect."

         3                  And my answer was very simple.  In

         4       the audience today we had some young people.

         5       And at the time when we were talking in the

         6       hallway, there were young people going by.

         7       And I said, "See those young people?  It's for

         8       them.  This resolution is about the future."

         9                  This resolution is to educate our

        10       people, to educate everyone that we don't own

        11       this planet.  We are merely stewards.  Our job

        12       is to keep it, keep it safe, protect it, fix

        13       some of the problems where they exist.  But

        14       remember, our job is to pass it on to future

        15       generations better than we found it.  That's

        16       our function.

        17                  That's the purpose of this

        18       resolution.  And as long as I'm here, I intend

        19       to bring this resolution up each and every

        20       year as a reminder.

        21                  But I would urge each and every one

        22       of us to remember that every single day should

        23       be considered Earth Day.  There's no one day

        24       for it.  We celebrate it on the 22nd, but this

        25       is something that is ongoing every single day


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         1       of the year, 365.  That's what it's all about,

         2       preserving and protecting the environment and

         3       passing on a cleaner and healthier planet to

         4       our future generations of children and

         5       grandchildren.

         6                  Thank you, Mr. President.

         7                  THE PRESIDENT:    Senator Thompson,

         8       on the resolution.

         9                  SENATOR THOMPSON:    Yes,

        10       Mr. President.  I rise in support of this

        11       resolution.

        12                  And I commend Senator Marcellino

        13       for doing this every year, because this is the

        14       right thing to do.

        15                  And unfortunately, in our state

        16       right now and in our country, we see a

        17       situation where so many communities are under

        18       siege with brownfields.  I think about places

        19       like the city of Niagara Falls, where it was a

        20       bustling community just like Buffalo where

        21       they have a lot of contaminated sites, and our

        22       efforts to encourage these sites not only to

        23       be remediated, but we also think about the

        24       young people who don't understand about the

        25       contamination that exists in our waterways, in


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         1       our air, the problems of many people that live

         2       in homes that are affected, impacted by

         3       lead-based paint.  And the fight against

         4       contamination is very real.

         5                  So this week and throughout this

         6       month, you will see many people involved in

         7       efforts to protect our environment.  And,

         8       Senator, I want you to know that I think

         9       that's really refreshing that you continue to

        10       sponsor this resolution, because the struggle

        11       for the future generations will be about the

        12       environment.

        13                  If we think about what's going on

        14       right now, from California to the Midwest to

        15       the Northeast to the Southwest, you're seeing

        16       all of these shifts, rapid shifts in weather

        17       patterns.  And we know that it's because of

        18       our environment.

        19                  And we must continue to fight this

        20       good fight to protect the environment, not

        21       only for ourselves, but for people like my

        22       children and your children and the generations

        23       to come.

        24                  Thank you.  I stand in support of

        25       this resolution.


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         1                  THE PRESIDENT:    On the

         2       resolution, all in favor please indicate so by

         3       saying aye.

         4                  (Response of "Aye.")

         5                  THE PRESIDENT:    Opposed, nay.

         6                  (No response.)

         7                  THE PRESIDENT:    The resolution is

         8       adopted.

         9                  All members' names will go on the

        10       resolution.  Anyone not wishing to be on the

        11       resolution may indicate so at the desk.

        12                  Senator Skelos.

        13                  SENATOR SKELOS:    Mr. President,

        14       there's a resolution at the desk, 1526, by

        15       Senator Maltese.  If we could have the title

        16       read, move for its immediate adoption, and

        17       open it up for cosponsorship.

        18                  THE PRESIDENT:    The Secretary

        19       will read the title.

        20                  THE SECRETARY:    By Senator

        21       Maltese, Legislative Resolution Number 1526,

        22       memorializing Governor Eliot Spitzer to

        23       proclaim April 23, 2007, as a day of

        24       Remembrance for the Polish Martyrs of the

        25       Katyn Forest.


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         1                  THE PRESIDENT:    On the

         2       resolution, all those in favor.

         3                  (Response of "Aye.")

         4                  THE PRESIDENT:    Opposed, nay.

         5                  (No response.)

         6                  THE PRESIDENT:    The resolution is

         7       adopted.

         8                  It is also open for cosponsorship.

         9       We'll put all the names of the Senators on the

        10       resolution.  Anyone indicating otherwise may

        11       do so at the desk.

        12                  Senator Skelos.

        13                  SENATOR SKELOS:    Mr. President,

        14       Resolution 1448 was previously adopted.  It's

        15       sponsored by Senator Breslin.  If we could

        16       just have the title read.

        17                  THE PRESIDENT:    The Secretary

        18       will read the title of the resolution,

        19       Resolution 1448.

        20                  THE SECRETARY:    By Senator

        21       Breslin, Legislative Resolution Number 1448,

        22       mourning the death of Mark T. Hayes, a man of

        23       singular distinction and extraordinary

        24       accomplishment.

        25                  THE PRESIDENT:    Senator Breslin.


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         1                  SENATOR BRESLIN:    Thank you,

         2       Mr. President.

         3                  I rise for this resolution on the

         4       death of Mark Hayes, who died several weeks

         5       ago.  And for many of us who have been in this

         6       chamber for many years, we knew Mark Hayes as

         7       an advocate in the battle against AIDS.

         8                  And in my dealings with him, which

         9       over the last number of years have been almost

        10       weekly, I found him to be an extremely bright,

        11       caring, sensitive, diligent person who

        12       believed with every part of his being in the

        13       fight against AIDS.

        14                  His loss to me is immeasurable,

        15       that he will be very, very difficult to be

        16       replaced.  And I send this resolution to his

        17       family members, to his friends who number so

        18       many throughout this state.

        19                  Thank you, Mr. President.

        20                  THE PRESIDENT:    On the

        21       resolution, Senator Hassell-Thompson.

        22                  SENATOR HASSELL-THOMPSON:    I was

        23       going to yield this time to Senator Krueger.

        24       However, Mr. President, thank you.

        25                  I rise to support this resolution


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         1       and to say that as someone who has worked in

         2       the field of HIV and AIDS, when I came to

         3       Albany, Mark was a person who visited me often

         4       and kept me abreast of those things as a

         5       reminder of why I came and some of the people

         6       for whom there was no voice here in Albany, or

         7       else that voice needed support and help in the

         8       person of Tom Duane.

         9                  I needed to be able to stand today

        10       to just let Mark know his spirit continues to

        11       be ever-present, that the work that he devoted

        12       his adult life to will not be in vain, and to

        13       thank the sponsors, both Senator Breslin and

        14       Senator Krueger, for their sensitivity in

        15       recognizing someone who most of you in this

        16       room will never know but who all of you should

        17       give thanks for, for the work and the

        18       advocacy, because each of us knows someone who

        19       has been infected or affected by HIV or AIDS.

        20       And no matter what we may feel about the

        21       disease, it is an illness that is afflicting

        22       larger numbers of people in our society every

        23       day.

        24                  And one of the things that Mark was

        25       able to do was to acknowledge his own illness


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         1       but to go beyond that and make sure that

         2       everyone was aware of what this condition

         3       meant, to remove the stigma so that people

         4       would not be affected where they lived, where

         5       they worked, and certainly how they were

         6       treated in this society.

         7                  And for those things, I am very

         8       grateful for him and for his life.

         9                  THE PRESIDENT:    On the

        10       resolution, Senator L. Krueger.

        11                  SENATOR LIZ KRUEGER:    Thank you,

        12       Mr. President.

        13                  I also want to thank my colleague

        14       Senator Breslin for putting in the resolution

        15       for his constituent -- and for many of us, our

        16       friend -- Mark Hayes.

        17                  And as my colleague Senator Ruth

        18       Hassell-Thompson said, Mark took his life and

        19       applied his own personal experiences to his

        20       advocacy on behalf of people he didn't know,

        21       many of us will never know, and reminds us all

        22       of the humanity of our job as legislators to

        23       try to do whatever we can to cure illness, to

        24       address the needs of people who live with

        25       chronic illness.


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         1                  Mark Hayes' passing away reminds us

         2       that while we are living in a time where more

         3       and more people are living with AIDS, not

         4       dying from AIDS, that we still suffer from a

         5       reality that every year too many New Yorkers,

         6       too many Americans and, particularly abroad,

         7       too many people in this world are still dying

         8       from AIDS.

         9                  So I think that this resolution is

        10       a tribute not just to the work that Mark was

        11       committed to and the organization he advocated

        12       for, Housing Works, was committed to, but a

        13       moment for us to remember and recognize that

        14       there are still too many chronic illnesses

        15       that have yet to find cures -- and that it is

        16       never the wrong thing for us to stand up in

        17       respect for somebody who worked hard on behalf

        18       of so many and to remember them for who they

        19       were.

        20                  Thank you, Mr. President.

        21                  THE PRESIDENT:    On the

        22       resolution, Senator Duane.

        23                  SENATOR DUANE:    Thank you,

        24       Mr. President.

        25                  I want to thank Senator Breslin and


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         1       Senator Krueger for bringing this resolution

         2       to the floor.

         3                  I first met Mark Hayes when I was

         4       invited, when I was newly elected as the

         5       first -- and as far as I know, still only --

         6       member of the Legislature who is living with

         7       HIV, to speak before a group of people living

         8       with HIV and AIDS at the Damien Center.

         9                  And someone raised their hand in

        10       the back of the room and said, you know,

        11       "Please don't forget about those of us living

        12       with HIV who are still working in corporate

        13       America."  And it was Mark Hayes, who was at

        14       the time working for the New York State

        15       Automobile Dealers Association.

        16                  And it was a very brave moment for

        17       Mark Hayes.  And I think that that moment,

        18       combined with the work that Housing Works in

        19       particular has done here in the capital, paved

        20       the way for Mark Hayes becoming a hero.  And

        21       as we know, heroes are not born or trained,

        22       heroes are people that, due to a circumstance,

        23       rise to the occasion and change the world.

        24       And Mark Hayes was that kind of person.

        25                  Now, the good news is that in this


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         1       nation many people -- sadly, not all, but many

         2       people are living longer with HIV and AIDS.

         3       In fact, long enough to be afflicted with

         4       other diseases.  And sadly, that was the case

         5       with Mark Hayes.  But throughout his really

         6       two illnesses, he continued to fight every day

         7       to provide services and treatment for people

         8       living with HIV and AIDS.

         9                  Last week he was the recipient of

        10       the Keith Cylar Award.  Keith Cylar is one of

        11       the cofounders, along with Charles King, of

        12       Housing Works.  And Mark Hayes was the

        13       recipient of that award.  Unfortunately, he

        14       didn't live long enough to receive the award.

        15                  But I hope that Mark Hayes, every

        16       day that he came here to the Capitol to fight

        17       on behalf of people with AIDS, knew that he

        18       was beloved by those who were given a voice

        19       because of his hard work.

        20                  And I just am hoping and I'm

        21       expecting that my colleague will open up this

        22       resolution to everyone.  But I think that in

        23       some small way, if we sign on to this

        24       resolution honoring Mark Hayes, we can all be

        25       anointed as warriors in the fight against AIDS


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         1       here in New York State, in the United States

         2       in general, and in fact around the world.

         3                  Thank you, Mr. President.

         4                  THE PRESIDENT:    Senator Skelos.

         5                  SENATOR SKELOS:    I just would

         6       suggest that the resolution has been adopted.

         7       If anybody wishes to sponsor the resolution,

         8       they should notify the desk.

         9                  THE PRESIDENT:    The resolution

        10       was adopted earlier today.  Anyone who would

        11       like to go on the resolution may indicate so

        12       at the desk.

        13                  Senator Skelos.

        14                  SENATOR SKELOS:    Mr. President,

        15       there's a resolution at the desk, 1534, by

        16       Senator Bruno.  If we could have it read in

        17       its entirety, open it up for cosponsorship,

        18       and move for its immediate adoption.

        19                  THE PRESIDENT:    The Secretary

        20       will read.

        21                  THE SECRETARY:    By Senators Bruno

        22       and Morahan, Legislative Resolution Number

        23       1534, memorializing Governor Eliot Spitzer to

        24       proclaim April 15 through 21, 2007, as

        25       Holocaust Remembrance Week in the State of


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         1       New York.

         2                  "WHEREAS, From 1933 to 1945,

         3       5.8 million Jews were murdered in the Nazi

         4       Holocaust as part of a systematic program of

         5       genocide, and millions of other people

         6       perished as victims of Nazism; and

         7                  "WHEREAS, Jews who fell under

         8       German control in Eastern and Central Europe

         9       were quickly stripped of their rights and

        10       property; and

        11                  "WHEREAS, The Jews who perished at

        12       Nazi hands comprised two-thirds of all

        13       European Jewry, and in countries such as

        14       Poland, which before the Second World War

        15       included parts of the Ukraine and Belarus, the

        16       Jewish death toll surpassed 90 percent; and

        17                  "WHEREAS, The people of the State

        18       of New York should always remember the

        19       atrocities committed by the Nazis so that such

        20       horrors are never repeated; and

        21                  "WHEREAS, Those who survived the

        22       killing camps tell us that as many people

        23       walked to their deaths, their last words were

        24       'Remember us'; and

        25                  "WHEREAS, The year 2007 marks the


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         1       66th anniversary of the beginning of the

         2       genocide of European Jews, the darkest, most

         3       murderous moment in history; and

         4                  "WHEREAS, We learn in the aftermath

         5       of the Holocaust that indifference to genocide

         6       cannot be tolerated.  Holocaust remembrance

         7       imposes a moral obligation to speak out; and

         8                  "WHEREAS, The Holocaust represents

         9       the darkest period in the civilization of

        10       mankind and must always be remembered in order

        11       to prevent its reoccurrence anywhere else in

        12       the world; and

        13                  "WHEREAS, The people of the State

        14       of New York should continually rededicate

        15       themselves to the principle of equal justice

        16       for all people; and

        17                  "WHEREAS, The people of the State

        18       of New York should remain eternally vigilant

        19       against all tyranny and recognize that bigotry

        20       provides a breeding ground for tyranny to

        21       flourish; now, therefore, be it

        22                  "RESOLVED, That this Legislative

        23       Body pause in its deliberations to memorialize

        24       Governor Eliot Spitzer to proclaim April 15

        25       through 21, 2007, as Holocaust Remembrance


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         1       Week in the State of New York; and be it

         2       further

         3                  "RESOLVED, That copies of this

         4       resolution, suitably engrossed, be transmitted

         5       to the Honorable Eliot Spitzer, Governor of

         6       the State of New York, and to the Holocaust

         7       Museum and Study Center, 17 South Madison

         8       Avenue, Spring Valley, New York, 10977."

         9                  THE PRESIDENT:    On the

        10       resolution, Senator Morahan.

        11                  SENATOR MORAHAN:    Thank you,

        12       Mr. President.

        13                  It is fitting that we remember what

        14       has gone on in the past in the hope that we'll

        15       never witness or hear of such atrocities in

        16       the future.  The Holocaust period between 1933

        17       and 1945 saw almost an entire religious

        18       community, two-thirds of the Jews in Europe,

        19       and almost 90 percent in other countries such

        20       as Poland, wiped from the face of the earth,

        21       men, women and children.

        22                  Senator Marcellino earlier in a

        23       resolution talked about our obligation to the

        24       young people for the future.  We have that

        25       same obligation to pause in memory of the


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         1       Holocaust, that murder, that despicable action

         2       taken by the Nazis, the most inhuman treatment

         3       of man and mankind.  That it's time that we

         4       make sure that our future citizens remember

         5       this Holocaust.  How many people in this

         6       chamber were even alive at the end of 1945

         7       when this Holocaust ended?  How many of those

         8       of us who were youngsters at the time even

         9       knew of what happened?

        10                  In Spring Valley, New York, we have

        11       a Holocaust Center and Study Center, and it's

        12       a museum in tribute to the Holocaust.  They

        13       have weekly membership meetings of survivors

        14       and liberators.  They have testimony of those

        15       Jewish-American soldiers who went through

        16       Europe aiding and assisting the liberation of

        17       those souls who survived.

        18                  It is fitting, therefore, that we

        19       ask the Governor to commemorate the 15th

        20       through the 21st of April as Holocaust Memory

        21       Week in the State of New York and follow the

        22       lead of so many communities throughout the

        23       state and throughout the international

        24       community who so recognize this particularly

        25       dark time in the history of mankind.


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         1                  There was a story that just a few

         2       days before Rosh Hashanah in 1944, in

         3       Auschwitz, one of the concentration camps,

         4       that the commander notified the community

         5       within that all the young children would need

         6       to be put to death or put to work.  And he set

         7       up a bar just a little over 4-1/2 feet, and

         8       those children who could walk under that bar

         9       were to be exterminated and those who hit the

        10       bar with their heads would be put into labor

        11       camps.

        12                  On the morning of Rosh Hashanah,

        13       the parents of these children, knowing what

        14       was to become of them, gathered about the

        15       cellblock where they were housed.  Of the 1600

        16       children who had to walk under the bar, 1400

        17       could not touch that bar.  And those 1400 were

        18       to be executed.

        19                  The parents tried to negotiate with

        20       the guards for the life of their children.

        21       And the guards who started to get involved in

        22       some greed started to say, "Okay, if I let

        23       your son out, then some other Jew will have to

        24       die in his place," which gave great

        25       consternation to those parents.


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         1                  One parent approached the rabbi who

         2       was watching this unfold, and he said to the

         3       rabbi:  "Rabbi, I come to you and put to you

         4       one question, that question being would it be

         5       right for me to ransom my son knowing that

         6       another child or Jew would have to take his

         7       place?"  The rabbi did not answer.  And he

         8       asked him again, and he asked him repeatedly,

         9       and the answer was nothing.  The rabbi gave

        10       him no guidance.

        11                  But the man said, "Rabbi, I

        12       understand your message, that there is no

        13       precedent that I would ransom one life at the

        14       cost of another.  Therefore, I accept the

        15       judgment that my son shall die."

        16                  That is why we can't forget that

        17       inhumanity.  That is why we have to make sure

        18       that our future citizens of the world remember

        19       the Holocaust and what it was -- the inhumane

        20       treatment, the experimentations, the torture,

        21       the unspeakable living conditions that almost

        22       exterminated an entire population in Europe.

        23                  Therefore, I support this

        24       resolution and all that it says and all that

        25       it calls for, all that it relates.  As


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         1       President Eisenhower said as he toured some of

         2       these camps, "The world must know about this,

         3       the world must remember.  We cannot let them

         4       forget."  And the Holocaust study centers

         5       around the nation and around the world have

         6       committed themselves to that memory and to

         7       that commitment.

         8                  Thank you, Mr. President.  And I

         9       also would extend the courtesy to all of the

        10       members of the Legislature to join us.  And

        11       those who do not wish to be on the resolution

        12       can notify the desk.

        13                  Thank you very much.

        14                  THE PRESIDENT:    Thank you.  Thank

        15       you, Senator Morahan.

        16                  On the resolution, all those in

        17       favor please say aye.

        18                  (Response of "Aye.")

        19                  THE PRESIDENT:    Opposed, nay.

        20                  (No response.)

        21                  THE PRESIDENT:    The resolution is

        22       adopted.

        23                  All members of the Senate will be

        24       placed on the resolution.

        25                  Senator Skelos.


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         1                  SENATOR SKELOS:    Mr. President, I

         2       believe there's a substitution to be made at

         3       this time.

         4                  THE PRESIDENT:    The Secretary

         5       will read.

         6                  THE SECRETARY:    On page 20,

         7       Senator Farley moves to discharge, from the

         8       Committee on Civil Service and Pensions,

         9       Assembly Bill Number 2935 and substitute it

        10       for the identical Senate Bill Number 1519,

        11       Third Reading Calendar 408.

        12                  And on page 21, Senator Nozzolio

        13       moves to discharge, from the Committee on

        14       Crime Victims, Crime and Correction, Assembly

        15       Bill Number 4333 and substitute it for the

        16       identical Senate Bill Number 331, Third

        17       Reading Calendar 418.

        18                  THE PRESIDENT:    The substitutions

        19       are ordered.

        20                  Senator Skelos.

        21                  SENATOR SKELOS:    Mr. President,

        22       if we could go to the noncontroversial reading

        23       of the calendar.

        24                  THE PRESIDENT:    The Secretary

        25       will conduct the noncontroversial reading of


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         1       the calendar.

         2                  THE SECRETARY:    Calendar Number

         3       123, by Senator Maziarz, Senate Print 2307A,

         4       an act to amend the Labor Law, in relation to

         5       requiring employers.

         6                  THE PRESIDENT:    There is a local

         7       fiscal impact note at the desk.

         8                  The Secretary will read the last

         9       section.

        10                  THE SECRETARY:    Section 3.  This

        11       act shall take effect on the 60th day.

        12                  THE PRESIDENT:    Call the roll.

        13                  (The Secretary called the roll.)

        14                  THE PRESIDENT:    Announce the

        15       results.

        16                  THE SECRETARY:    Ayes, 57.

        17                  THE PRESIDENT:    The bill is

        18       passed.

        19                  THE SECRETARY:    Calendar Number

        20       170, by Senator Larkin, Senate Print 539, an

        21       act to amend the Alcoholic Beverage Control

        22       Law, in relation to the sale of certain

        23       New York-produced alcoholic beverages.

        24                  THE PRESIDENT:    The Secretary

        25       will read the last section.


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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect on the 180th day.

         3                  THE PRESIDENT:    The Secretary

         4       will call the roll.

         5                  (The Secretary called the roll.)

         6                  THE PRESIDENT:    Results.

         7                  THE SECRETARY:    Those recorded in

         8       the negative on Calendar Number 170 are

         9       Senators Duane and Padavan.

        10                  Ayes, 55.  Nays, 2.

        11                  THE PRESIDENT:    The bill is

        12       passed.

        13                  THE SECRETARY:    Calendar Number

        14       273, by Senator Farley, Senate Print 920, an

        15       act to amend the Tax Law, in relation to

        16       filing of amended personal income tax returns.

        17                  THE PRESIDENT:    Read the last

        18       section.

        19                  THE SECRETARY:    Section 5.  This

        20       act shall take effect immediately.

        21                  THE PRESIDENT:    Call the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 57.

        24                  THE PRESIDENT:    The bill is

        25       passed.


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         1                  THE SECRETARY:    Calendar Number

         2       328, by Senator DeFrancisco, Senate Print

         3       3077, an act to amend the Penal Law, in

         4       relation to creating the crimes of

         5       solicitation.

         6                  THE PRESIDENT:    Read the last

         7       section.

         8                  THE SECRETARY:    Section 4.  This

         9       act shall take effect on the first of

        10       November.

        11                  THE PRESIDENT:    Call the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Those recorded in

        14       the negative on Calendar Number 328 are

        15       Senators Duane and Montgomery.

        16                  Ayes, 55.  Nays, 2.

        17                  THE PRESIDENT:    The bill is

        18       passed.

        19                  THE SECRETARY:    Calendar Number

        20       335, by Senator Seward, Senate Print 2140A, an

        21       act to amend the Social Services Law, in

        22       relation to a study.

        23                  THE PRESIDENT:    Read the last

        24       section.

        25                  THE SECRETARY:    Section 2.  This


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         1       act shall take effect on the 30th day.

         2                  THE PRESIDENT:    Call the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 57.

         5                  THE PRESIDENT:    The bill is

         6       passed.

         7                  THE SECRETARY:    Calendar Number

         8       348, by Senator Larkin, Senate Print 1920, an

         9       act to authorize any municipality to enter

        10       into a contract.

        11                  THE PRESIDENT:    Read the last

        12       section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  THE PRESIDENT:    Call the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 57.

        18                  THE PRESIDENT:    The bill is

        19       passed.

        20                  THE SECRETARY:    Calendar Number

        21       349, by Senator Little, Senate Print 2682, an

        22       act to amend the Real Property Tax Law, in

        23       relation to notification.

        24                  THE PRESIDENT:    Read the last

        25       section.


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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  THE PRESIDENT:    Call the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 57.

         6                  THE PRESIDENT:    The bill is

         7       passed.

         8                  THE SECRETARY:    Calendar Number

         9       364, by Senator Seward, Senate Print 3022 --

        10                  SENATOR DUANE:    Lay it aside,

        11       please.

        12                  SENATOR SKELOS:    Lay it aside for

        13       the day.

        14                  THE PRESIDENT:    The bill is laid

        15       aside for the day.

        16                  THE SECRETARY:    Calendar Number

        17       383, by Senator DeFrancisco, Senate Print

        18       3615, an act to amend the Uniform Justice

        19       Court Act, in relation to justices of criminal

        20       courts.

        21                  THE PRESIDENT:    Read the last

        22       section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  THE PRESIDENT:    Call the roll.


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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 57.

         3                  THE PRESIDENT:    The bill is

         4       passed.

         5                  THE SECRETARY:    Calendar Number

         6       408, substituted earlier today by Member of

         7       the Assembly Seminerio, Assembly Print Number

         8       2935, an act to amend the Civil Service Law.

         9                  THE PRESIDENT:    Read the last

        10       section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  THE PRESIDENT:    Call the roll.

        14                  (The Secretary called the roll.)

        15                  THE PRESIDENT:    Results.

        16                  THE SECRETARY:    Those recorded in

        17       the negative on Calendar Number 408 are

        18       Senators Larkin, Libous, Little, Morahan,

        19       Rath, Saland, Seward, Winner, Wright and

        20       Young.

        21                  Ayes, 47.  Nays, 10.

        22                  THE PRESIDENT:    The bill is

        23       passed.

        24                  THE SECRETARY:    Calendar Number

        25       414, by Senator Maltese, Senate Print 303, an


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         1       act to amend the Election Law, in relation to

         2       military voters.

         3                  THE PRESIDENT:    Read the last

         4       section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  THE PRESIDENT:    Call the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 57.

        10                  THE PRESIDENT:    The bill is

        11       passed.

        12                  THE SECRETARY:    Calendar Number

        13       418, substituted earlier today by Member of

        14       the Assembly Aubry, Assembly Print Number

        15       4333, an act to amend the Correction Law.

        16                  THE PRESIDENT:    Read the last

        17       section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  THE PRESIDENT:    Call the roll.

        21                  (The Secretary called the roll.)

        22                  THE PRESIDENT:    Senator

        23       Montgomery, to explain her vote.

        24                  SENATOR MONTGOMERY:    Yes,

        25       Mr. President, just briefly to explain my


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         1       vote.

         2                  I want to be on record saying that

         3       I happen to think this is a good bill.  And

         4       this is one of the few times in my life that I

         5       will be complimenting Senator Nozzolio on his

         6       legislation, so I wanted that to be on record.

         7                  (Laughter.)

         8                  SENATOR MONTGOMERY:    Thank you,

         9       Mr. President.  I vote aye.

        10                  THE PRESIDENT:    Senator

        11       Montgomery will be recorded in the

        12       affirmative.  It's a shame Senator Nozzolio

        13       isn't here to see it.

        14                  The Secretary will announce the

        15       results.

        16                  THE SECRETARY:    Ayes, 57.

        17                  THE PRESIDENT:    The bill is

        18       passed.

        19                  THE SECRETARY:    Calendar Number

        20       432, by Senator Alesi, Senate Print 177A, an

        21       act to amend the Labor Law.

        22                  THE PRESIDENT:    Read the last

        23       section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.


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         1                  THE PRESIDENT:    Call the roll.

         2                  (The Secretary called the roll.)

         3                  THE PRESIDENT:    Results.

         4                  THE SECRETARY:    Ayes, 57.

         5                  THE PRESIDENT:    The bill is

         6       passed.

         7                  THE SECRETARY:    Calendar Number

         8       466, by Senator Marcellino, Senate Print 602,

         9       an act to amend the Navigation Law, in

        10       relation to providing.

        11                  THE PRESIDENT:    Read the last

        12       section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  THE PRESIDENT:    Call the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 57.

        18                  THE PRESIDENT:    The bill is

        19       passed.

        20                  THE SECRETARY:    Calendar Number

        21       474, by Senator O. Johnson, Senate Print 1348,

        22       an act to amend the Vehicle and Traffic Law,

        23       in relation to prohibiting.

        24                  THE PRESIDENT:    Read the last

        25       section.


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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect on the first of

         3       November.

         4                  THE PRESIDENT:    Call the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 57.

         7                  THE PRESIDENT:    The bill is

         8       passed.

         9                  That completes the calendar,

        10       Senator Robach.  What is your pleasure?

        11                  SENATOR ROBACH:    Yes,

        12       Mr. President.  Is there any other business at

        13       the desk?

        14                  THE PRESIDENT:    There is none.

        15                  SENATOR ROBACH:    Seeing that

        16       there is no further business, I move we

        17       adjourn until Wednesday, April 18th, at

        18       11:00 a.m.

        19                  THE PRESIDENT:    On motion, the

        20       Senate is adjourned until Wednesday,

        21       April 18th, at 11:00 a.m.

        22                  (Whereupon, at 4:13 p.m., the

        23       Senate adjourned.)

        24

        25


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