Regular Session - March 1, 2010

                                                            1074



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     March 1, 2010

        11                       3:23 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR DAVID J. VALESKY, Acting President

        19  ANGELO J. APONTE, Secretary

        20

        21

        22

        23

        24

        25



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

         2                  ACTING PRESIDENT VALESKY:    The

         3       Senate will come to order.

         4                  I ask everyone present to please

         5       rise and recite with me the Pledge of

         6       Allegiance.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT VALESKY:    Father

        10       Peter G. Young, of Mother Theresa Community

        11       here in Albany, is with us this afternoon to

        12       offer an invocation.

        13                  REVEREND YOUNG:    Thank you,

        14       Senator.

        15                  Let us pray.

        16                  We know that in March our lion has

        17       roared in, and therefore we in this chamber

        18       today have the desire to make, make us share

        19       in God's love and to aid in gentle kindness to

        20       those who are weak, sick and unfortunate.  In

        21       their love for God, You have called us to show

        22       mercy.

        23                  God, by Your love, You made a world

        24       where we have become neighbors to each other

        25       and we are enabled to love one another.  Grant



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         1       that we too may use the Senate to strive

         2       toward a way of life in keeping with God's

         3       plan.

         4                  God has given us a marvelous

         5       example of charity in the call to us to love

         6       one another.  Send down Your blessing on these

         7       Senators who generously devote themselves

         8       helping all of our New York State citizens.

         9                  Amen.

        10                  ACTING PRESIDENT VALESKY:    The

        11       reading of the Journal.

        12                  The Secretary will read.

        13                  THE SECRETARY:    In Senate Sunday.

        14       February 28, the Senate met pursuant to

        15       adjournment.  The Journal of Saturday,

        16       February 27, was read and approved.  On

        17       motion, Senate adjourned.

        18                  ACTING PRESIDENT VALESKY:

        19       Without objection, the Journal stands approved

        20       as read.

        21                  Presentation of petitions.

        22                  Messages from the Assembly.

        23                  Messages from the Governor.

        24                  Reports of standing committees.

        25                  Reports of select committees.



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         1                  Communications and reports from

         2       state officers.

         3                  Motions and resolutions.

         4                  Senator Klein.

         5                  SENATOR KLEIN:    Mr. President, on

         6       behalf of Senator Montgomery, I move that the

         7       following bills be discharged from their

         8       respective committees and be recommitted with

         9       instructions to strike the enacting clause:

        10       Senate Number 1296.

        11                  ACTING PRESIDENT VALESKY:    So

        12       ordered.

        13                  SENATOR KLEIN:    On behalf of

        14       Senator Aubertine, I move to commit Senate

        15       Number 6303, Calendar Number 104 on the order

        16       of third reading, to the Committee on Codes.

        17                  ACTING PRESIDENT VALESKY:    So

        18       ordered.

        19                  Senator Klein.

        20                  SENATOR KLEIN:    Mr. President,

        21       can you please recognize Senator Libous for a

        22       motion.

        23                  ACTING PRESIDENT VALESKY:

        24       Senator Libous.

        25                  SENATOR LIBOUS:    Thank you,



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         1       Mr. President.  Good to see you today, sir.

         2                  ACTING PRESIDENT VALESKY:    Good

         3       to see you, Senator.

         4                  SENATOR LIBOUS:    On behalf of

         5       Senator Marcellino, I move that the following

         6       bill be discharged from its respective

         7       committee and be recommitted with instructions

         8       to strike the enacting clause.  And that would

         9       be Senate 6704, please.

        10                  ACTING PRESIDENT VALESKY:    So

        11       ordered.

        12                  SENATOR LIBOUS:    Thank you.

        13                  ACTING PRESIDENT VALESKY:

        14       Senator Klein.

        15                  SENATOR KLEIN:    Mr. President,

        16       are there any substitutions at the desk?

        17                  ACTING PRESIDENT VALESKY:    Yes,

        18       we have substitutions.

        19                  The Secretary will proceed.

        20                  THE SECRETARY:    On page 9,

        21       Senator Golden moves to discharge, from the

        22       Committee on Finance, Assembly Bill Number

        23       4491 and substitute it for the identical

        24       Senate Bill Number 2013, Third Reading

        25       Calendar 48.



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         1                  ACTING PRESIDENT VALESKY:

         2       Substitution ordered.

         3                  Senator Klein.

         4                  SENATOR KLEIN:    Mr. President, I

         5       believe Senator Sampson has a resolution at

         6       the desk.  I ask that the resolution be read

         7       in its entirety and move for its immediate

         8       adoption.

         9                  ACTING PRESIDENT VALESKY:    Has

        10       this resolution been deemed privileged and

        11       submitted by the office of the Temporary

        12       President?

        13                  SENATOR KLEIN:    Yes, it has,

        14       Mr. President.

        15                  ACTING PRESIDENT VALESKY:    The

        16       Secretary will read.

        17                  THE SECRETARY:    By Senator

        18       Sampson, legislative resolution congratulating

        19       the United States Olympians, and particularly

        20       the New Yorkers, who competed in the 2010

        21       Vancouver Olympic Winter Games held

        22       February 12-28, 2010.

        23                  "WHEREAS, The Olympic movement

        24       follows from a set of core Olympic values:

        25       The search for excellence, fair play, the joy



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         1       in effort, respect for others, and harmony

         2       between body, mind, and will; and

         3                  "WHEREAS, The Olympic Games have

         4       been a catalyst for peace, and more than 200

         5       countries are represented in the Olympics,

         6       with over 10,000 athletes competing; and

         7                  "WHEREAS, The young men and women

         8       of the United States selected to participate

         9       in the 2010 Vancouver Olympics have worked for

        10       many years for this opportunity to honor our

        11       nation through their dedication and

        12       patriotism; and

        13                  "WHEREAS, The 2010 United States

        14       Olympic team members have achieved great

        15       success in their chosen sports and have served

        16       as inspirational role models for the nation;

        17       and

        18                  "WHEREAS, Lowell Bailey of Lake

        19       Placid, New York, was chosen to represent the

        20       United States in Biathlon;

        21                  Dustin Brown of New York, New York,

        22       was chosen for the United States Hockey Team

        23       and won a Silver Medal;

        24                  Tim Burke of Paul Smiths, New York,

        25       was chosen to represent the United States in



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         1       Biathlon;

         2                  Ryan Callahan of Rochester,

         3       New York, was chosen for the United States

         4       Hockey Team and won a Silver Medal;

         5                  Annelies Cook of Lake Placid,

         6       New York, was chosen to represent the United

         7       States in Biathlon;

         8                  Julia Clukey of Lake Placid,

         9       New York, was chosen to represent the United

        10       States in the Luge;

        11                  Caitlin Compton of New York,

        12       New York, was chosen to represent the United

        13       States in Cross-Country Skiing;

        14                  John Daly of Smithtown, New York,

        15       was chosen to represent the United States in

        16       the Bobsled;

        17                  Bill Demong of Vermontville,

        18       New York, was chosen to the represent the

        19       United States in the Nordic Combined and won a

        20       Gold Medal and a Silver Medal;

        21                  Matthew De Peters of Buffalo,

        22       New York, was chosen to represent the United

        23       States in Freestyle Skiing;

        24                  Peter Frenette of Saranac Lake,

        25       New York, was chosen for the United States Ski



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         1       Jumping Team;

         2                  Mark Grimmette of Lake Placid,

         3       New York, was chosen to represent the United

         4       States in the Luge;

         5                  Erin Hamlin of Remsen, New York,

         6       was chosen to represent the United States in

         7       the Luge;

         8                  Anders Johnson of Plattsburgh,

         9       New Yorker, was chosen to represent the United

        10       States in Ski Jumping;

        11                  Haley Johnson of Lake Placid,

        12       New York, was chosen to represent the

        13       United States in the Biathlon;

        14                  Dan Joye of Carmel, New York, was

        15       chosen to represent the United States in the

        16       Luge;

        17                  Patrick Kane of Buffalo, New York,

        18       was chosen for the United States Hockey Team

        19       and won a Silver Medal;

        20                  Trevor Marsicano of Ballston Spa,

        21       New York, was chosen to represent the United

        22       States in Speed Skating;

        23                  Chris Mazdzer of Saranac Lake,

        24       New York, was chosen to represent the United

        25       States in the Luge;



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         1                  Steve Mesler of Buffalo, New York,

         2       was chosen to represent the United States in

         3       the Bobsled and won a Gold Medal;

         4                  Ryan Miller of Buffalo, New York,

         5       was chosen for the United States Hockey Team

         6       and won a Silver Medal;

         7                  John Napier of Schenectady,

         8       New York, was chosen to represent the

         9       United States in the Bobsled;

        10                  Sara Studebaker of Lake Placid,

        11       New York, was chosen to represent the

        12       United States in the Biathlon;

        13                  Bengt Walden of Lake Placid,

        14       New York, was chosen to represent the

        15       United States in the Luge;

        16                  Andrew Weibrecht of Lake Placid,

        17       New York, was chosen to represent the United

        18       States in Alpine Skiing and won a Bronze

        19       Medal; and

        20                  "WHEREAS, New York has been the

        21       birthplace or home of hundreds of Olympians,

        22       including more than 300 Olympic athletes born

        23       in New York City; and

        24                  "WHEREAS, The year 2010 is the 30th

        25       anniversary of New York's Olympics in Lake



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         1       Placid, site of the "Miracle on Ice"; and

         2                  "WHEREAS, The 1980 Olympics in

         3       Lake Placid was the second time the Olympic

         4       Winter Games were held in Lake Placid,

         5       New York; now, therefore, be it

         6                  "RESOLVED, That this Legislative

         7       Body pause in its deliberations to

         8       congratulate the New Yorkers chosen to

         9       represent the United States and the great

        10       State of New York in the 2010 Winter Games in

        11       Vancouver, British Columbia, Canada, and to

        12       thank New York's young athletes for once again

        13       showing this great Empire State's character,

        14       diversity, energy and unbeatable human spirit

        15       to the world; and be it further

        16                  "RESOLVED, That copies of this

        17       resolution, suitably engrossed, be transmitted

        18       to the aforementioned Olympians."

        19                  ACTING PRESIDENT VALESKY:

        20       Senator Little, on the resolution.

        21                  SENATOR LITTLE:    Thank you,

        22       Mr. President.

        23                  Today I join all of my colleagues

        24       as well as all New Yorkers in our pride with

        25       our young men and women and how they achieved



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         1       and how they participated in our current

         2       Winter Olympics which have just finished in

         3       Vancouver.

         4                  As a representative of Lake Placid,

         5       which is the winter sports capital of the

         6       world, the home of the 1932 and the 1980

         7       Olympics, I have a particular pride in having

         8       had 12 of these athletes that are listed on

         9       this resolution coming from my district, and a

        10       great deal of pride as we had one Gold Medal

        11       winner in Bill Demong, a 29-year-old from

        12       Vermontville, Saranac Lake area, who won a

        13       Gold Medal in this Olympics and also was

        14       selected by his peers to carry the flag at the

        15       final closing of the Olympics.

        16                  I also have a tremendous amount of

        17       pride in the fact -- well, also, Bill Demong

        18       won a Silver Medal with his teammates.  And

        19       Andrew Weibrecht, at 23, attending his first

        20       Olympics, who received a Bronze Medal in the

        21       Alpine ski racing.

        22                  So we are very pleased.  In Lake

        23       Placid, as you know, we have the only luge and

        24       bobsled skeleton run in this part of the

        25       country.  We have one of the only ski jumping



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         1       facilities in this part of the country, as

         2       well as several hockey rinks and skiing areas.

         3       We also have a huge cross-country facility and

         4       a biathlon track and facility.

         5                  So it's a pride of New York State

         6       and our hope that again we will have an

         7       Olympics in this part of the country, and

         8       particularly in New York State, where

         9       Lake Placid and the whole surrounding areas,

        10       from Plattsburgh to Albany, would be able to

        11       participate in it.

        12                  I thank you very much for the

        13       resolution.  And again, we congratulate all of

        14       our athletes.  And our particular pride in

        15       those who achieved the ultimate goal of

        16       winning an Olympic medal.

        17                  Thank you.

        18                  ACTING PRESIDENT VALESKY:    Thank

        19       you, Senator Little.

        20                  Are there any other Senators who

        21       wish to be heard on the resolution?

        22                  The question is on the resolution.

        23       All in favor signify by saying aye.

        24                  (Response of "Aye.")

        25                  ACTING PRESIDENT VALESKY:



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         1       Opposed, nay.

         2                  (No response.)

         3                  ACTING PRESIDENT VALESKY:    The

         4       resolution is adopted.

         5                  Senator Sampson has indicated he

         6       would like to open this resolution up to the

         7       entire body for cosponsorship.  Anyone wishing

         8       not to cosponsor the resolution should notify

         9       the desk.

        10                  Senator Klein.

        11                  SENATOR KLEIN:    Mr. President, I

        12       believe there's a resolution at the desk by

        13       Senator Adams.  I ask that the resolution be

        14       read in its entirety and move for its

        15       immediate adoption.

        16                  ACTING PRESIDENT VALESKY:

        17       Senator Klein, has this resolution been deemed

        18       privileged and submitted by the office of the

        19       Temporary President?

        20                  SENATOR KLEIN:    Yes, it has,

        21       Mr. President.

        22                  ACTING PRESIDENT VALESKY:    The

        23       Secretary will read.

        24                  THE SECRETARY:    By Senator Adams,

        25       legislation resolution commemorating March 1,



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         1       2010, as Korean Independence Day.

         2                  "WHEREAS, It is the custom of this

         3       Legislative Body to honor with great pleasure

         4       and great pride the Korean-American community

         5       of the State of New York upon the historic

         6       occasion of the commemoration of March 1,

         7       2010, as Korean Independence Day; and

         8                  "WHEREAS, a nationwide uprising on

         9       March 1, 1919, in Korea was an outcry for

        10       national survival in the face of intolerable

        11       aggression, oppression, and plundering by the

        12       Japanese colonists.  An apparent sudden change

        13       in the international situation in the wake of

        14       World War I stimulated a group of Korean

        15       leaders to launch an independence struggle

        16       both at home and abroad; and

        17                  "WHEREAS, 33 nationalists who

        18       formed the core of the Samil Movement convened

        19       at Taehwagwan Restaurant in Seoul, Korea, to

        20       read the Korean Declaration of Independence

        21       that had been drawn up by the historian/writer

        22       Choe Namseon and the poet/Buddhist monk

        23       Manhae, also known as Han Yongun; and

        24                  "WHEREAS, The nationalists

        25       initially planned to assemble at Tapgol Park



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         1       in downtown Seoul but decided on the more

         2       private location out of fear that the

         3       gathering might turn into a riot.  The leaders

         4       of the movement signed the document and sent a

         5       copy to the Japanese Governor General; and

         6                  "WHEREAS, In the early 1950s,

         7       thousands of Koreans fleeing from war, poverty

         8       and desolation came to the United States

         9       seeking opportunities; and

        10                  "WHEREAS, Korean-Americans, like

        11       waves of immigrants that came to the United

        12       States before them, have taken root and

        13       thrived in the United States through strong

        14       family ties, community support, and hard work;

        15       and

        16                  "WHEREAS, The partnership of the

        17       United States and South Korea helps maintain

        18       peace and stability in the Asia-Pacific region

        19       and provides economic benefits to the people

        20       of both nations and the rest of the world; and

        21                  "WHEREAS, The contributions of

        22       Korean-Americans to the United States include

        23       the development of the first beating heart

        24       operation for coronary artery disease, the

        25       development of several varieties of the



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         1       nectarine, and achievements in engineering,

         2       architecture, medicine, acting, singing,

         3       sculpture and writing; and

         4                  "WHEREAS, The State of New York is

         5       fortunate to have in its midst a substantial

         6       number of citizens who trace their origins to

         7       Korea; and

         8                  "WHEREAS, The unique beauty of

         9       Korean culture, and the contribution of its

        10       people to literature, the arts and sciences,

        11       and to the economy are well-known and

        12       well-appreciated around the world.  The

        13       contributions of Korean-Americans are

        14       especially bountiful throughout the Empire

        15       State and are distinguished by their

        16       excellence; now, therefore, be it

        17                  "RESOLVED, That this Legislative

        18       Body pause in its deliberations to commemorate

        19       March 1, 2010, as Korean Independence Day; and

        20       be it further

        21                  "RESOLVED, That copies of this

        22       resolution, suitably engrossed, be transmitted

        23       to the Brooklyn Korean Association, the

        24       Korean-American Association of Greater

        25       New York, Reverend Nam Su Kim, Adam Kim, and



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         1       Insik Hwang."

         2                  ACTING PRESIDENT VALESKY:

         3       Senator Adams, on the resolution.

         4                  SENATOR ADAMS:    Thank you,

         5       Mr. President.

         6                  And I'm sure my colleague Senator

         7       Stavisky wanted to also speak on this

         8       resolution, but she's not here with us now.

         9                  Joining in the chamber with me is

        10       Mr. Hwang, the former president of the

        11       Brooklyn Korean-American Association, Mr. Kim,

        12       who's the former president also of the

        13       Brooklyn Korean-American Association,

        14       Mr. Jung-Kibok, who's the representative of

        15       the Korean-American Association of Greater New

        16       York, and Mr. Adam Kim.

        17                  Last week we had the opportunity to

        18       acknowledge men and women who were here in the

        19       chamber from the Dominican Republic.  And I

        20       think that we give great acknowledgment to our

        21       country each time we identify and uniquely

        22       examine each string of the quilt of the

        23       diversity of this country.

        24                  The Korean-Americans, when you look

        25       at their history, you'll see a unique



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         1       identification with the history and

         2       development of America.  Their independence

         3       movement day that we celebrate today, after

         4       the tyrannical acts of Japan and some of the

         5       abuse that they had to undergo, 33

         6       nationalists sat down and read and signed

         7       their declaration of independence.  This is an

         8       important document, just as the Declaration of

         9       Independence is important for our country.

        10                  It is clear that when you look at

        11       the pollen of freedom from the flowers of our

        12       land has reached the soil of Korea and put the

        13       flowers of hope there.  They saw what we went

        14       through through our independence struggle from

        15       Britain and borrowed from that and united

        16       around to have freedom also.

        17                  So it doesn't matter what part of

        18       the globe or where we are, the desire to be

        19       free, the desire to be independent and the

        20       desire to have self-determination is

        21       paramount.

        22                  And each time I talk about any

        23       particular ethnic group or a particular group

        24       from a different geographical area of the

        25       globe, I always acknowledge those first



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         1       arrivals and how important it is that they too

         2       love America and the spirit of America and the

         3       contribution that the many Korean nationalists

         4       and those Korean immigrants to America, how

         5       they contribute to the greatness of this

         6       country.

         7                  And nothing touched me more than

         8       during the Haitian earthquake.  Some of the

         9       men and women who are here from the

        10       Korean-American community immediately called

        11       my office.  Senator Parker and I, we have two

        12       of the largest Haitian populations in the

        13       state, and they raised thousands of dollars.

        14       But they went one step further.  They also

        15       bought clothing for those who are in Haiti and

        16       didn't have clothing, and raised food.

        17                  And during the various times of the

        18       year, they use their businesses to give

        19       clothing and coats to those who are in this

        20       city and state that do not have coats during

        21       the winter months.

        22                  So there's a continuous

        23       contribution that they are making.  And it

        24       just adds to the fact and the reality that

        25       what's great about this country is that we in



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         1       our diversity is something we can celebrate.

         2                  And I commend those men and women

         3       from the Korean-American community and

         4       continue to call on us the importance of

         5       opening our borders and allowing all groups to

         6       come in and contribute to what's great about

         7       the United States of America.

         8                  So on this day, March 1, 2010, I

         9       want to applaud the Korean community and the

        10       Korean Independence Day movement and state

        11       that we are glad to be a part of this great

        12       country.

        13                  Thank you, Mr. President.

        14                  ACTING PRESIDENT VALESKY:    Thank

        15       you, Senator Adams.

        16                  Senator Craig Johnson, on the

        17       resolution.

        18                  SENATOR CRAIG JOHNSON:    Thank you

        19       very much, Mr. President.

        20                  First I want to commend Senator

        21       Adams for sponsoring this resolution.  And I

        22       too want to share in congratulating the

        23       growing Korean-American community for this

        24       resolution.

        25                  The history of Korean independence



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         1       is such an incredible one, especially when you

         2       look and see the struggles that the

         3       nationalists in Korea had to undergo with

         4       respect to their dealings with imperial Japan.

         5       And if you look at the history, especially in

         6       the '30s and '40s during the Second World War,

         7       and what Korean women had to suffer through at

         8       the hands of the Imperial Japanese Army during

         9       the Second World War, we must look on with

        10       admiration to their independence.

        11                  The Korean-American community is a

        12       growing community in Long Island and in

        13       particular in my district.  And in reading the

        14       resolution, Senator Adams, I want to commend

        15       you for one particular section which talks

        16       about the fact that New York State is

        17       fortunate to have in its midst a substantial

        18       number of citizens who trace their origins to

        19       Korea.

        20                  What many in this body maybe do not

        21       realize is I can attest to that personally, as

        22       my sister Karen is from South Korea.  She was

        23       born in Seoul, South Korea, in 1973, and my

        24       family adopted her in 1974.  And I've been

        25       lucky to have such an incredible human being



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         1       in my life, as my sister has taught me so

         2       much.

         3                  And so I want to echo what Senator

         4       Adams has put forth in this resolution.  The

         5       Korean-American community contributes so much

         6       to New York State in so many fields.  And I

         7       know they will continue to do so.

         8                  So I thank you, Senator Adams, for

         9       recognizing this day.  I congratulate the men

        10       who are here today as representatives of the

        11       Korean-American community, and I thank you for

        12       your time.

        13                  Thank you, Mr. President.

        14                  ACTING PRESIDENT VALESKY:    Thank

        15       you, Senator Johnson.

        16                  Senator Larkin, on the resolution.

        17                  SENATOR LARKIN:    Thank you,

        18       Mr. President.

        19                  As someone who served in Korea in

        20       combat in 1950 and '51, I feel that this is a

        21       most important event of planning this to make

        22       sure that we understand the culture of our two

        23       countries, what was done.

        24                  Anybody who's ever seen the

        25       photographs of what went on in 1950 when we



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         1       went to Korea, July the 15th, what happened at

         2       Inchon and the blasting we took at Hoengsong

         3       and Hungnam and at the Yalu.

         4                  I think that -- there's a national

         5       magazine that I hope -- I'll wait for

         6       Mr. Adams.

         7                  Mr. Adams, on the resolution being

         8       dispatched, I think it's most appropriate that

         9       a copy of this resolution be sent to the

        10       Korean War Veterans Association of America.

        11       It's a national organization authorized by

        12       Congress, and it communicates between the

        13       Korean community in America, the Korean

        14       community in Korea, and members of the armed

        15       forces that have served in Korea and how they

        16       handle some of these issues.

        17                  Some of your guests here from Korea

        18       know that we now have what we call a revisit

        19       program, where those who served in combat in

        20       Korea are taken back to Korea, with their

        21       families, go to areas where they were and see

        22       it.  For me, I plan to go next year, if the

        23       good Lord lets me.

        24                  I have three children that were

        25       born in Korea.  They're here, they're American



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         1       citizens now.  One is a schoolteacher, another

         2       is an investment planner, and the other one is

         3       working here at St. Peter's in Albany and

         4       enjoying life.

         5                  But the culture that we get from

         6       you -- I will give you a copy of the magazine,

         7       Senator Adams, and you will see the mutual

         8       respect and cordiality between the communities

         9       of Korea and those of Americans, talking about

        10       what we did and where we did it and how we did

        11       it and what was the complete cooperation in

        12       those days.

        13                  I wouldn't want to go through it

        14       again.  But your country has a lot to offer to

        15       a lot of people.

        16                  Thank you.

        17                  ACTING PRESIDENT VALESKY:    Thank

        18       you, Senator Larkin.

        19                  Senator Stavisky, on the

        20       resolution.

        21                  SENATOR STAVISKY:    Thank you,

        22       Mr. President.

        23                  And I must say I am so proud to

        24       represent thousands of Korean-Americans,

        25       particularly in the Flushing community,



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         1       because they have contributed so much to the

         2       everyday life, the political life, the

         3       cultural life, the business community, the

         4       life in the business community.

         5                  And yet I am proud to call them my

         6       friends.  They're not my what I call

         7       hyphenated friends, they're not my

         8       Korean-American friends, they're friends.

         9       They're people whom I've known for many years.

        10       And they have made such a significant

        11       contribution to the life in both Queens and in

        12       New York State.

        13                  They came to the United States over

        14       a hundred years ago, and they have worked

        15       hard, they obey the laws, they contribute to

        16       society.  They have large numbers of

        17       organizations, the Korean American Association

        18       being probably one of the most significant.

        19       But there are so many groups.  And they lend

        20       their experience and their cultural experience

        21       to what goes on in the city.

        22                  And as we gather today to celebrate

        23       the Korean independence, it's particularly

        24       appropriate because just two weeks we

        25       celebrated the Asian Lunar New Year.  And we



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         1       marched together through the streets of

         2       Flushing to celebrate the Year of the Tiger.

         3                  So to my friends in the chamber and

         4       to my constituents, may you have a very happy

         5       and prosperous Year of the Tiger as we come

         6       together to celebrate another day together,

         7       that of Korean independence.

         8                  Thank you, Mr. President.

         9                  ACTING PRESIDENT VALESKY:    Thank

        10       you, Senator Stavisky.

        11                  Senator Padavan, on the resolution.

        12                  SENATOR PADAVAN:    To you,

        13       Mr. President, and Senator Adams, I say [in

        14       Korean], which for those of you who don't know

        15       what that means, is "thank you very much."

        16                  We thank those who are representing

        17       the Korean community here today and the

        18       thousands and thousands of Korean families

        19       throughout my district and elsewhere who have

        20       made a significant contribution to the quality

        21       of life of our city, many parts of it.

        22                  Korean immigration began over a

        23       hundred years ago when Koreans came to the

        24       Island of Hawaii to work on the nascent

        25       plantations that were being built for cane



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         1       sugar and pineapple.  And then, of course,

         2       they spread to the West Coast and became an

         3       integral part of the fabric of many

         4       communities throughout our country.

         5                  Our nations were bound together on

         6       two momentous occasions.  One, obviously, in

         7       defeating the Japanese and freeing Korea from

         8       that terrible, terrible yoke of bondage in

         9       which they found themselves.  And secondly, of

        10       course, in defending South Korea against North

        11       Korea and the Chinese.

        12                  There are two memorials in New York

        13       City that relate to those conflicts.  One of

        14       them is in Battery Park, and the other is in

        15       Kissena Park, in my district, which was

        16       established and funded by myself and many

        17       others, as well as the Korean community,

        18       veterans of the Republic of Korea as well as

        19       veterans from the United States.  And it's a

        20       beautiful monument surrounded by a park.  And

        21       on the inscription it tells us of the

        22       sacrifices made by so many, both Koreans and

        23       Americans, to keep that country free.

        24                  So we're delighted to join with my

        25       colleagues to simply thank the Korean



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         1       community for all its contributions, both in

         2       terms of business, in terms of the arts,

         3       culture, and for their very, very deep

         4       commitment to families.  I probably have a

         5       hundred Korean churches in my district of

         6       every denomination.  And when I go to them and

         7       I visit them on various occasions, it's just

         8       amazing to see how family-oriented they are

         9       and how important that is to them as a

        10       community.

        11                  So again, Mr. President, Senator

        12       Adams, thank you very much for introducing

        13       this resolution.

        14                  ACTING PRESIDENT VALESKY:    Thank

        15       you, Senator Padavan.

        16                  Are there any other Senators who

        17       wish to be heard?

        18                  The question is on the resolution.

        19       All in favor signify by saying aye.

        20                  (Response of "Aye.")

        21                  ACTING PRESIDENT VALESKY:

        22       Opposed, nay.

        23                  (No response.)

        24                  ACTING PRESIDENT VALESKY:    The

        25       resolution is adopted.



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         1                  Senator Adams has indicated that he

         2       would like to open the resolution to the

         3       entire body for cosponsorship.  Anyone not

         4       wishing to cosponsor the resolution should

         5       inform the desk.

         6                  A very sincere welcome to our

         7       special guests today.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Mr. President, at

        10       this time I move to recall Senate Resolution

        11       Number 3303, by Senator Fuschillo, which was

        12       adopted on January 12th.  I ask that the title

        13       of the resolution be read and that Senator

        14       Fuschillo be recognized to make some brief

        15       remarks.

        16                  ACTING PRESIDENT VALESKY:    The

        17       Secretary will read.

        18                  THE SECRETARY:    By Senator

        19       Fuschillo, Legislative Resolution Number 3303,

        20       mourning the death of Joseph R. Sugar,

        21       distinguished citizen and devoted member of

        22       his community.

        23                  ACTING PRESIDENT VALESKY:

        24       Senator Fuschillo.

        25                  SENATOR FUSCHILLO:    Thank you,



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         1       Mr. President.  And thank you, Senator Klein.

         2                  Today is NYSSMA's advocacy day here

         3       in the state, and I want to welcome all the

         4       advocates for being here today.  And it's only

         5       fitting that I recognize a man by the name of

         6       Joe Sugar.  And his son Tom and wife Clara are

         7       in the gallery, and I welcome you to Albany

         8       once again.

         9                  Joe Sugar was Mr. Music.  He

        10       dedicated more than 50 years of his life in

        11       the art of education and teaching and music in

        12       our schools.  But it was more than that.  He

        13       knew the importance of music as a way of life

        14       for everybody.

        15                  Joe dedicated his entire life to

        16       the advancement of music education.  He was

        17       the director of bands at Indiana University,

        18       director of bands at Matawan High School,

        19       director of bands at Bethpage High School,

        20       director of bands at Hewlett High School and

        21       director of music at Hewlett-Woodmere School

        22       District, where his son Tom is now the

        23       teacher.

        24                  And I understand, Tom, one of the

        25       students told you that their parents knew the



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         1       real Mr. Sugar who was the teacher there long

         2       before you.

         3                  You know, I, during my almost 12

         4       years in the Senate, one year didn't make

         5       NYSSMA's advocacy day celebration.  And boy,

         6       was I scolded by Joe Sugar.  But when I went

         7       back to my district, I was almost afraid to

         8       see him one day out at an event.  And he gave

         9       it to me.  You know:  "Where were you?"  And I

        10       told him I was in session.  Clara, it wasn't a

        11       good enough excuse for him that I wasn't

        12       there.

        13                  But at that moment, I saw his

        14       compassion, his dedication, and his love for

        15       music.  His resume of teaching music

        16       throughout this state is second to none.  But

        17       his love for people is really what took me.

        18       And this year I'm going to miss him terribly.

        19                  And as I said, today is the

        20       advocacy day for NYSSMA throughout the halls

        21       of this chamber.  But I'm proud that I found

        22       out that it's been renamed after Joe Sugar.

        23       And that's a great tribute to a man that

        24       dedicated his entire life.

        25                  And, Clara, his legacy will go on



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         1       forever.  So it's with deep sorrow that I rise

         2       on the passing of your husband, but I'm proud

         3       that I knew him.  God bless you.

         4                  And thank you very much,

         5       Mr. President.

         6                  ACTING PRESIDENT VALESKY:    Thank

         7       you, Senator Fuschillo.

         8                  Are there any other Senators who

         9       wish to be heard?

        10                  As Senator Klein indicated, this

        11       resolution was unanimously adopted on

        12       January 12th.

        13                  Thank you very much for being with

        14       us today.

        15                  Senator Klein.

        16                  SENATOR KLEIN:    Mr. President, at

        17       this time can we please move to a reading of

        18       the calendar.

        19                  ACTING PRESIDENT VALESKY:    The

        20       Secretary will proceed with the reading of the

        21       noncontroversial active list.

        22                  THE SECRETARY:    Calendar Number

        23       10, by Senator Savino, Senate Print 5481A, an

        24       act to amend the Executive Law, in relation to

        25       establishing Women's Equality Day.



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         1                  ACTING PRESIDENT VALESKY:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 57.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       33, by Senator L. --

        13                  SENATOR KLEIN:    Lay the bill

        14       aside for the day.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is laid aside for the day.

        17                  THE SECRETARY:    Calendar Number

        18       80, by Senator Adams, Senate Print 6352A, an

        19       act to amend the Racing, Parimutuel Wagering

        20       and Breeding Law, in relation to equine drug

        21       testing.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 3.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 57.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       82, by Senator --

         9                  SENATOR KLEIN:    Lay the bill

        10       aside for the day.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is laid aside for the day.

        13                  THE SECRETARY:    Calendar Number

        14       86, by Senator Foley, Senate Print 5945, an

        15       act to amend the Election Law, in relation to

        16       authorizing registration records.

        17                  ACTING PRESIDENT VALESKY:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT VALESKY:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 57.

        25                  ACTING PRESIDENT VALESKY:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       97, by Senator Squadron, Senate Print 3775C,

         4       an act to amend the Alcoholic Beverage Control

         5       Law, in relation to the siting of certain

         6       premises.

         7                  ACTING PRESIDENT VALESKY:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 6.  This

        10       act shall take effect December 31, 2010.

        11                  ACTING PRESIDENT VALESKY:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 57.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       103, by Senator Morahan, Senate Print 5328A,

        19       an act to amend the Real Property Tax Law, in

        20       relation to temporarily extending.

        21                  ACTING PRESIDENT VALESKY:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT VALESKY:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 57.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       109, by Senator Foley, Senate Print 3703A, an

         8       act to amend the Banking Law, in relation to

         9       requirement.

        10                  ACTING PRESIDENT VALESKY:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 3.  This

        13       act shall take effect on the same date as

        14       Section 8 of Chapter 472 of the Laws of 2008.

        15                  ACTING PRESIDENT VALESKY:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 57.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       117, by Member of the Assembly Rosenthal,

        23       Assembly Print Number 8678A, an act to amend

        24       the Education Law, in relation to requiring

        25       licensure.



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         1                  ACTING PRESIDENT VALESKY:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 57.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       127, by Senator Sampson, Senate Print 5720, an

        13       act to amend the Real Property Law, in

        14       relation to online listing.

        15                  ACTING PRESIDENT VALESKY:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 4.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT VALESKY:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 57.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       130, by Senator Breslin, Senate Print 3554, an

         2       act to amend the Insurance Law, in relation to

         3       losses sustained.

         4                  ACTING PRESIDENT VALESKY:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect on the 180th day.

         8                  ACTING PRESIDENT VALESKY:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 56.  Nays,

        12       1.  Senator Marcellino recorded in the

        13       negative.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       132, by Senator Sampson --

        18                  SENATOR KLEIN:    Lay the bill

        19       aside for the day, please.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is laid aside for the day.

        22                  THE SECRETARY:    Calendar Number

        23       135, by Senator Breslin, Senate Print 402, an

        24       act to amend the Vehicle and Traffic Law, in

        25       relation to special vehicle identification.



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         1                  ACTING PRESIDENT VALESKY:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 3.  This

         4       act shall take effect on the 90th day.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 57.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       139, by Senator Stavisky, Senate Print 1538B,

        13       an act to amend the Executive Law, in relation

        14       to providing information.

        15                  ACTING PRESIDENT VALESKY:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 3.  This

        18       act shall take effect on the 180th day.

        19                  ACTING PRESIDENT VALESKY:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 57.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       140, by Senator LaValle, Senate Print 2923, an

         2       act to amend the Correction Law, in relation

         3       to requiring.

         4                  ACTING PRESIDENT VALESKY:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT VALESKY:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 57.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  Senator Klein, that completes the

        15       reading of the noncontroversial active list.

        16                  SENATOR KLEIN:    Mr. President, at

        17       this time can we please move to a reading of

        18       the supplemental active list.

        19                  ACTING PRESIDENT VALESKY:    The

        20       Secretary will proceed with the reading of the

        21       supplemental active list.

        22                  Senator Klein.

        23                  SENATOR KLEIN:    Mr. President,

        24       are there any substitutions at the desk?

        25                  ACTING PRESIDENT VALESKY:    There



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         1       is a substitution at the desk.

         2                  The Secretary will read.

         3                  THE SECRETARY:    On page 13,

         4       Senator Larkin moves to discharge, from the

         5       Committee on Finance, Assembly Bill Number

         6       1003A and substitute it for the identical

         7       Senate Bill Number 638A, Third Reading

         8       Calendar 111.

         9                  ACTING PRESIDENT VALESKY:

        10       Substitution ordered.

        11                  The Secretary will now proceed with

        12       the reading of the supplemental active list.

        13                  THE SECRETARY:    Calendar Number

        14       94, by Senator Fuschillo, Senate Print 5760A,

        15       an act to authorize the First United Methodist

        16       Church.

        17                  ACTING PRESIDENT VALESKY:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT VALESKY:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    In relation to

        25       Calendar Number 94:  Ayes, 55.  Nays, 2.



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         1       Senators Bonacic and Larkin recorded in the

         2       negative.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       101, by Senator Fuschillo, Senate Print 30, an

         7       act to amend the Real Property Tax Law, in

         8       relation to allowing.

         9                  ACTING PRESIDENT VALESKY:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect on the 90th day.

        13                  ACTING PRESIDENT VALESKY:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 57.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       111, substituted earlier by Member of the

        21       Assembly Gunther, Assembly Print Number 1003A,

        22       an act to amend the Insurance Law.

        23                  ACTING PRESIDENT VALESKY:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect on the 120th day.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 57.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       125, by Senator Nozzolio, Senate Print 3271,

        10       an act to amend Chapter 219 of the Laws of

        11       2002 amending the Judiciary Law.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 57.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       128, by Senator Volker --

        24                  SENATOR VOLKER:    Lay it aside for

        25       the day, please.



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         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is laid aside for the day.

         3                  Senator Klein, that completes the

         4       reading of the supplemental active list.

         5                  SENATOR KLEIN:    Mr. President, on

         6       behalf of Senator Smith, I hand up the

         7       following committee notice and ask that it be

         8       filed in the Journal.

         9                  ACTING PRESIDENT VALESKY:    So

        10       ordered.

        11                  Senator Klein.

        12                  SENATOR KLEIN:    Also,

        13       Mr. President, can you please recognize

        14       Senator Ruth Hassell-Thompson at this time.

        15                  ACTING PRESIDENT VALESKY:

        16       Senator Hassell-Thompson.

        17                  SENATOR HASSELL-THOMPSON:    Thank

        18       you, Mr. President.

        19                  There will be an immediate meeting

        20       of the Majority in the Majority Conference

        21       Room, Room 332, following this session.

        22                  ACTING PRESIDENT VALESKY:

        23       Immediate meeting of the Senate Majority in

        24       Room 332 immediately following session.

        25                  Senator Klein.



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         1                  SENATOR KLEIN:    Is there any

         2       further business at the desk?

         3                  ACTING PRESIDENT VALESKY:    The

         4       desk is clear.

         5                  SENATOR KLEIN:    There being no

         6       further business, I move that we adjourn until

         7       Tuesday, March 2nd, at 3:00 p.m.

         8                  ACTING PRESIDENT VALESKY:    On

         9       motion, there being no further business to

        10       come before the Senate, the Senate stands

        11       adjourned until Tuesday, March 2nd, at

        12       3:00 p.m.

        13                  (Whereupon, at 4:06 p.m., the

        14       Senate adjourned.)

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24

        25



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