Regular Session - May 2, 2011

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                      May 2, 2011

        11                       3:09 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR JOSEPH A. GRIFFO, Acting President

        19  FRANCIS W. PATIENCE, 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 GRIFFO:    The

         3       Senate will come to order.

         4                  I ask everyone present to please

         5       rise and join with me as we recite the Pledge

         6       of Allegiance to our Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Skelos.

        11                  SENATOR SKELOS:    Mr. President, I

        12       feel very honored today to have with us a

        13       unique spiritual leader who is truly revered

        14       around the world.

        15                  His Holiness Brahmrishi founded one

        16       of the largest spiritual institutes in India.

        17       He has devoted his life to improving human

        18       welfare among people of all faiths and

        19       religions.  He has inspired millions of people

        20       around the world to dedicate their lives to

        21       helping others.

        22                  It is an honor and pleasure to have

        23       him join us today and deliver the invocation

        24       for our session.

        25                  Your Holiness.



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         1                  ACTING PRESIDENT GRIFFO:    Thank

         2       you.

         3                  Your Holiness.

         4                  BRAHMRISHI SHRI KUMAR SWAMI JI:

         5       Respected Senators [in Hindi].

         6                  MS. BHALLA:    Good afternoon,

         7       Senators.  You have just heard Param Pujya

         8       Shri Kumar Swami Ji, one of the most renowned

         9       spiritual leaders of India, deliver his

        10       invocation prayer in Hindi.

        11                  At the outset, His Holiness

        12       expressed his gratitude and said:  "Esteemed

        13       Senators of New York have shown enormous

        14       graciousness by inviting me to this chamber.

        15       Millions of people around the world salute you

        16       and express their gratitude for the great love

        17       and affection you have all shown towards me.

        18       I also express my sincere gratitude to the

        19       government of New York State, its generous

        20       people, its scientists, and the intellectuals

        21       of this great country."

        22                  Then His Holiness offered the

        23       following prayer:  "O God, please guard and

        24       guide all members of the Senate of the State

        25       of New York.  Instill in them the wisdom, the



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         1       courage, and the right spirit so the political

         2       activity in this esteemed Senate can be a

         3       powerful instrument for human transformation

         4       and contribute to the physical and spiritual

         5       well-being of the citizens of this great state

         6       and this great country.

         7                  "May this body continue to embrace

         8       diversity without resulting in divisiveness.

         9       May this Senate seek and celebrate unity

        10       without imposing uniformity.  May these

        11       Senators work to the best of their abilities

        12       without becoming attached to the fruits of

        13       their work.  May they promote justice, moral

        14       clarity, ethical living, acts of kindness, and

        15       most of all righteousness.  Because where

        16       there is righteousness in the heart, there is

        17       beauty in the character.  Where there is

        18       beauty in the character, there is harmony in

        19       the home.  Where there is harmony in the home,

        20       there is order in the nation.  And where there

        21       is order in the nation, there is peace in the

        22       world."

        23                  (Applause.)

        24                  MS. BHALLA:    Thank you.

        25                  And now, on behalf of the entire



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         1       Indian-American community across New York

         2       State and the United States, may I please take

         3       this opportunity to thank Majority Leader

         4       Senator Dean Skelos for leading the effort to

         5       honor His Holiness in this august body.

         6                  I would also like to thank all

         7       other Senators who have supported the

         8       resolution honoring His Holiness.  Thank you

         9       very much.

        10                  (Applause.)

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Skelos.

        13                  SENATOR SKELOS:    Mr. President,

        14       we have a few items to run through.  But I

        15       would ask His Holiness if he could stay.  We

        16       will be adopting a resolution in about

        17       30 seconds honoring him for his visit today.

        18                  If we could go to the reading of

        19       the Journal, please.

        20                  ACTING PRESIDENT GRIFFO:    Reading

        21       of the Journal.

        22                  THE SECRETARY:    In Senate,

        23       Sunday, May 1st, the Senate met pursuant to

        24       adjournment.  The Journal of Saturday,

        25       April 30th, was read and approved.  On motion,



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         1       Senate adjourned.

         2                  ACTING PRESIDENT GRIFFO:    Without

         3       objection, the Journal stands approved as

         4       read.

         5                  Presentation of petitions.

         6                  Messages from the Assembly.

         7                  Messages from the Governor.

         8                  Reports of standing committees.

         9                  Reports of select committees.

        10                  Communications and reports from

        11       state officers.

        12                  Motions and resolutions.

        13                  Senator Skelos.

        14                  SENATOR SKELOS:    Mr. President,

        15       there's a Resolution 1165, which I've

        16       sponsored.  If we could have it read in its

        17       entirety and move for its immediate adoption.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       Secretary will read.

        20                  THE SECRETARY:    Legislative

        21       Resolution Number 1165, by Senator Skelos,

        22       welcoming and commending His Holiness

        23       Brahmrishi Shri Kumar Swami Ji upon the

        24       occasion of delivering the invocation at the

        25       opening of the session of the New York State



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         1       Senate on May 2, 2011.

         2                  "WHEREAS, It is the custom of this

         3       Legislative Body to bring full recognition and

         4       just tribute to those individuals of religious

         5       commitment who accept the responsibility of

         6       moral leadership and render the wisdom of

         7       human understanding; and

         8                  "WHEREAS, This Legislative Body is

         9       honored to welcome and commend His Holiness

        10       Brahmrishi Shri Kumar Swami Ji upon the

        11       occasion of delivering the invocation at the

        12       opening of the session of the New York State

        13       Senate on May 2, 2011; and

        14                  "WHEREAS, Brahmrishi Shri Kumar

        15       Swami Ji is the founder of the Bhagwan Shree

        16       Lakshami Narayan Dham, one of the largest

        17       spiritual institutes in India dedicated to the

        18       welfare of people of all faiths and religions,

        19       with an outstanding and inspiring record of

        20       community service; and

        21                  "WHEREAS, This prominent spiritual

        22       leader is one of the most scholarly figures of

        23       world religions who holds devout lectures

        24       across India, Europe, the United States and

        25       Canada which are attended by tens of thousands



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         1       of people and are watched by millions on

         2       television; and

         3                  "WHEREAS, Brahmrishi Shri Kumar

         4       Swami Ji is one of the most renowned scholars

         5       of Ayurveda, India's 5,000-year-old system of

         6       medicine, and is an inspiration behind medical

         7       research being done to bridge the gap between

         8       the Eastern and Western medicine; and

         9                  "WHEREAS, Brahmrishi Shri Kumar

        10       Swami Ji has been recognized and acclaimed

        11       with honors, awards, and accolades by

        12       organizations and governmental bodies at the

        13       local, state, national and international

        14       level; and

        15                  "WHEREAS, The spiritual guidance

        16       and nurturing of the citizens of the State of

        17       New York is of great importance to the

        18       vitality and well-being of our communities;

        19       now, therefore, be it

        20                  "RESOLVED, That this Legislative

        21       Body pause in its deliberations to commend

        22       His Holiness Brahmrishi Shri Kumar Swami Ji

        23       upon the occasion of delivering the invocation

        24       at the opening of the session of the New York

        25       State Senate on May 2, 2011, and be it further



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         1                  "RESOLVED, That a copy of this

         2       resolution, suitably engrossed, be transmitted

         3       to His Holiness Brahmrishi Shri Kumar Swami

         4       Ji."

         5                  ACTING PRESIDENT GRIFFO:    On the

         6       resolution, all in favor signify by saying

         7       aye.

         8                  (Response of "Aye.")

         9                  ACTING PRESIDENT GRIFFO:

        10       Opposed?

        11                  (No response.)

        12                  ACTING PRESIDENT GRIFFO:    The

        13       resolution is adopted.

        14                  Senator Skelos.

        15                  SENATOR SKELOS:    Again, we thank

        16       His Holiness for being here.

        17                  We will take a five-minute break.

        18       If any members wish to take a picture, we'll

        19       do so right by the clock.

        20                  So again, thank you very much.

        21                  (Applause.)

        22                  ACTING PRESIDENT GRIFFO:    The

        23       Senate stands at ease.

        24                  (Whereupon, the Senate stood at

        25       ease at 3:20 p.m.)



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         1                  (Whereupon, the Senate reconvened

         2       at 3:29 p.m.)

         3                  ACTING PRESIDENT GRIFFO:    The

         4       Senate will come to order.

         5                  Senator Skelos.

         6                  SENATOR SKELOS:    Mr. President,

         7       the previously adopted resolution, if we could

         8       open it up for sponsorship.  Anybody who

         9       wishes not to sponsor the resolution, they

        10       should notify the desk.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       previous resolution is open to cosponsorship.

        13       If you choose not to be a cosigner, please

        14       notify the desk.

        15                  SENATOR SKELOS:    Mr. President, I

        16       have a resolution at the desk.  If we could

        17       have it read in its entirety and move for its

        18       immediate adoption.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       Secretary will read.

        21                  THE SECRETARY:    Legislative

        22       resolution by Senator Skelos, memorializing

        23       Governor Andrew M. Cuomo to proclaim May 2,

        24       2011, as Holocaust Remembrance Day in the

        25       State of New York.



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         1                  "WHEREAS, from 1933 to 1945,

         2       5.8 million Jews were murdered in the Nazi

         3       Holocaust as part of a systematic program of

         4       genocide, and millions of other people also

         5       perished as victims of Nazism; and

         6                  "WHEREAS, Jews who fell under

         7       German control in Eastern and Central Europe

         8       were quickly stripped of their rights and

         9       property; and

        10                  "WHEREAS, The Jews who perished at

        11       Nazi hands comprised two-thirds of all

        12       European Jewry, and in countries such as

        13       Poland, which before the Second World War

        14       included parts of the Ukraine and Belarus, the

        15       Jewish death toll surpassed 90 percent; and

        16                  "WHEREAS, The people of the State

        17       of New York should always remember the

        18       atrocities committed by the Nazis so that such

        19       horrors are never repeated; and

        20                  "WHEREAS, Those who survived the

        21       killing camps tell us that as many people

        22       walked to their deaths, their last words were

        23       'Remember us'; and

        24                  "WHEREAS, The year 2011 marks the

        25       78th anniversary of the beginning of the



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         1       genocide of European Jews, the darkest, most

         2       murderous moment in history; and

         3                  "WHEREAS, We learn in the aftermath

         4       of the Holocaust that indifference to genocide

         5       cannot be tolerated.  Holocaust remembrance

         6       imposes a moral obligation to speak out; and

         7                  "WHEREAS, The Holocaust represents

         8       the darkest period in the civilization of

         9       mankind and must always be remembered in order

        10       to prevent its reoccurrence anywhere else in

        11       the world; and

        12                  "WHEREAS, The People of the State

        13       of New York should continually rededicate

        14       themselves to the principle of equal justice

        15       for all people; and

        16                  "WHEREAS, The People of the State

        17       of New York should remain eternally vigilant

        18       against all tyranny and recognize that bigotry

        19       provides a breeding ground for tyranny to

        20       flourish; and

        21                  "WHEREAS, Holocaust Remembrance

        22       Day, known in Hebrew as Yom Hashoah, is a day

        23       set aside for remembering the victims of the

        24       Holocaust and for reminding New Yorkers, all

        25       Americans, and people around the world of what



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         1       can happen to civilized people when bigotry,

         2       hatred and indifference reign; and

         3                  "WHEREAS, Internationally,

         4       Holocaust Remembrance Day is observed on the

         5       27th day of Nisan according to the Hebrew

         6       calendar, but because it falls on a Sunday,

         7       this year it will be observed on Monday,

         8       May 2, 2011; now, therefore, be it

         9                  "RESOLVED, That this Legislative

        10       Body pause in its deliberations to memorialize

        11       Governor Andrew M. Cuomo to proclaim May 2,

        12       2011, as Holocaust Remembrance Day in the

        13       State of New York; and be it further

        14                  "RESOLVED, That a copy of this

        15       resolution, suitably engrossed, be transmitted

        16       to the Honorable Andrew M. Cuomo, Governor of

        17       the State of New York."

        18                  ACTING PRESIDENT GRIFFO:    Senator

        19       Skelos.

        20                  SENATOR SKELOS:    Thank you,

        21       Mr. President.

        22                  Of course I would open up the

        23       resolution for sponsorship.  Anybody that

        24       wishes not to sponsor the resolution, they

        25       should notify the desk.



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         1                  My wife and I, when we were driving

         2       up this morning, we were listening to the

         3       radio.  And the commentator mentioned, in

         4       connection with the death of Osama bin Laden,

         5       that on April 30th, so right in that same

         6       period of time, that Adolf Hitler committed

         7       suicide.

         8                  And we commemorate and we pray for

         9       the souls of those who lost their lives in the

        10       Holocaust, and we think about what man's

        11       inhumanity to man can be.  And today we think

        12       about the thousands of people that lost their

        13       lives on September 11th, and we say thank you

        14       to our President, to our intelligence

        15       community, and to the Navy Seals that finally

        16       brought Osama bin Laden to justice.

        17                  So we think about him being

        18       executed.  He probably deserved more than

        19       that.  But also all of us in this room reflect

        20       upon the lives -- and I think it's even more

        21       important -- the lives of our neighbors, our

        22       friends, our relatives who were brutally

        23       murdered on September 11th.

        24                  Almost ten years have passed by.

        25       But certainly the leadership in our country --



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         1       whether it was President Bush, President

         2       Obama, our intelligence community, our

         3       military, and the people of this state and

         4       this country -- at no time wavered from the

         5       prayer and the thought and the wish that this

         6       animal would be brought to justice.

         7                  So I ask for the adoption of this

         8       resolution.  We commemorate and we pray for

         9       the souls, as I said, of those who -- the

        10       lives of 6 million that were destroyed during

        11       the Holocaust, and for those who lost their

        12       lives on 9/11.

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Breslin.

        15                  SENATOR BRESLIN:    Thank you,

        16       Mr. President.

        17                  I join with Senator Skelos on this

        18       day after we learned of the execution of Osama

        19       bin Laden.  Osama bin Laden represented

        20       everything that we oppose.  And he opposed

        21       everything that we stood for -- for freedom,

        22       for justice.  And September 11, 2001, will

        23       always be emblazoned in the hearts and minds

        24       of all citizens in the United States, but

        25       particularly those in New York.



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         1                  And this is not the end.  We will

         2       always treasure the memories of those lost on

         3       9/11.  But at least it takes a step towards

         4       closure for those men and women we lost and

         5       the families who lost loved ones.  And it's a

         6       giant step, because Osama bin Laden

         7       represented everything that's evil in this

         8       world.  And as I said, he opposed everything

         9       that we stand for, and most of all our

        10       freedoms.

        11                  What it shows the rest of the world

        12       and Osama bin Laden and his people is that the

        13       United States does not forget its obligations.

        14       When it strives for peace, it still must

        15       oppose those who strive for war.

        16                  So justice in the Holocaust, when

        17       so many innocent lives were lost, and that we

        18       stand today to honor those lives that were

        19       lost, we also stand for those lives that were

        20       lost on 9/11, 2001, and praise the fact that

        21       we no longer have to deal with an enemy that

        22       was led by Osama bin Laden.

        23                  Thank you, Mr. President.

        24                  ACTING PRESIDENT GRIFFO:    Thank

        25       you, Senator Breslin.



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         1                  Senator Robach.

         2                  SENATOR ROBACH:    Yes,

         3       Mr. President.  Let me too join to support

         4       this resolution.

         5                  Clearly it's very important that we

         6       remind ourselves of all the horrors of the

         7       Holocaust and when evil goes unchecked.  And

         8       that the slaughter of innocent people, no

         9       matter where and when, should never be

        10       acceptable -- not only then, but as a world

        11       standard.  And we can see in some places of

        12       the world what still goes on.  There's much

        13       work to do.  And we should use this as a

        14       reminder for that all over the world.

        15                  So we continue to need to remind

        16       and educate people on this atrocity and

        17       others.  Recently, just yesterday, in a suburb

        18       of Rochester, New York -- Brighton, a very

        19       beautiful suburban town, home to many people,

        20       but a large population of Jewish Americans,

        21       two teens were apprehended burning a swastika

        22       that they had made out of wood and material in

        23       a park -- completely insensitive, obviously

        24       not getting the lesson of what people went

        25       through, thinking that it's still okay to do



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         1       this.

         2                  These kind of things are very, very

         3       important for all of us, no matter who we are,

         4       where we come from, to make sure atrocities

         5       never happen again and I think energize us to

         6       ensure, as it says on the wall of the

         7       Holocaust Museum, "Never again anywhere."

         8                  Thank you, Mr. President.

         9                  ACTING PRESIDENT GRIFFO:    Thank

        10       you, Senator Robach.

        11                  Are there any other Senators who

        12       wish to be heard?

        13                  Seeing none, the resolution is open

        14       for cosponsorship.  If you choose not to be a

        15       cosponsor, please notify the desk.  All in

        16       favor of the resolution signify by saying aye.

        17                  (Response of "Aye.")

        18                  ACTING PRESIDENT GRIFFO:

        19       Opposed?

        20                  (No response.)

        21                  ACTING PRESIDENT GRIFFO:    The

        22       resolution is adopted.

        23                  Senator Skelos.

        24                  SENATOR SKELOS:    Mr. President,

        25       there's a resolution at the desk by Senator



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         1       Martins.  If we could have it read in its

         2       entirety and move for its immediate adoption.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       Secretary will read.

         5                  THE SECRETARY:    Legislative

         6       resolution by Senator Martins, congratulating

         7       boxer champion Herve Duroseau upon the

         8       occasion of capturing the Daily News Golden

         9       Gloves Title.

        10                  "WHEREAS, It is the sense of this

        11       Legislative Body to recognize and pay tribute

        12       to those exemplary athletes who excel in the

        13       sport of boxing, distinguishing themselves

        14       through their exceptional performance,

        15       attaining unprecedented success and the

        16       highest level of personal achievement; and

        17                  "WHEREAS, Attendant to such

        18       concern, and in full accord with its

        19       long-standing traditions, this Legislative

        20       Body is justly proud to congratulate boxing

        21       champion Herve Duroseau upon the occasion of

        22       capturing the Daily News Golden Gloves title;

        23       and

        24                  "WHEREAS, In four previous years of

        25       Daily News Golden Gloves competition,



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         1       Hempstead, Long Island sanitation employee

         2       Herve Duroseau of the Freeport Police Athletic

         3       League had never made it to the finals; and

         4                  "WHEREAS, On Friday, April 8, 2011,

         5       with boxing legends Smokin' Joe Frazier, Mark

         6       Breland and Iran Barkley at ringside,

         7       28-year-old Herve Duroseau made the most of

         8       his first appearance at the Theater at Madison

         9       Square Garden to win a 4-1 decision over Raul

        10       Nuncio and take home the 165-pound open crown;

        11       and

        12                  "WHEREAS, Now with a pair of Golden

        13       Gloves to go along with two Metros crowns and

        14       an Empire State Games Championship, Herve

        15       Duroseau is content to depart from boxing and

        16       walk away a champion.  Most special was that

        17       his mother was in attendance at one of his

        18       matches for the first time; and

        19                  "WHEREAS, It is the sense of this

        20       Legislative Body that when individuals of such

        21       noble aims and accomplishments are brought to

        22       our attention, they should be celebrated and

        23       recognized by all the citizens of the great

        24       State of New York; now, therefore, be it

        25                  "RESOLVED, That this Legislative



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         1       Body pause in its deliberations to

         2       congratulate boxing champion Herve Duroseau

         3       upon the occasion of capturing the New York

         4       Daily News Golden Gloves title; and be it

         5       further

         6                  "RESOLVED, That a copy of this

         7       resolution, suitably engrossed, be transmitted

         8       to Herve Duroseau."

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Martins.

        11                  SENATOR MARTINS:    Thank you,

        12       Mr. President.

        13                  I want to welcome Herve Duroseau

        14       and his wife, Natalie, to the chamber here

        15       today.  They're here with us this afternoon.

        16       I'm going to ask my colleagues to join with me

        17       in recognizing this achievement.

        18                  Herve is not only an exemplary

        19       member of our community, of our Elmont

        20       community, but he really is a true gentleman,

        21       husband, father, and a wonderful athlete.  Not

        22       only do we get to recognize him for, on

        23       April 8th, having won the 2011 Daily News

        24       Golden Gloves, but he's also won the 2007 and

        25       2010 Metropolitan Championship, the 2010 Long



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         1       Island Championship, he earned gold at the

         2       2010 Empire State Games.  And now, again, the

         3       2011 Daily News Golden Gloves.

         4                  He and his wife, Natalie, are high

         5       school sweethearts.  They're raising their

         6       daughter, Brianna, in the Elmont community.

         7       And just another example of one of these

         8       community members who has given back time and

         9       again to the community.  He volunteers in the

        10       community, including he and Natalie

        11       volunteering at St. Boniface Church.  He was a

        12       football coach for Elmont football.  And he

        13       mentors young people in the community.

        14                  I have the privilege of calling him

        15       a friend and take this opportunity to

        16       recognize this wonderful achievement.

        17                  As was said, Herve's mother -- I

        18       mean, he's fought 70 times, won 60 of them,

        19       but this is the first fight that his mother

        20       attended.  And by winning the Golden Gloves,

        21       he is now hanging up the gloves and is

        22       formally in retirement.  I want to

        23       congratulate him on this wonderful achievement

        24       and ask my colleagues to join me in doing so.

        25                  Thank you, Mr. President.



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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Skelos.

         3                  SENATOR SKELOS:    Thank you very

         4       much, Mr. President.

         5                  I too join in support of the

         6       resolution in welcoming you to the chamber

         7       today.  You've had an exemplary career as a

         8       fighter.  But even more importantly, you've

         9       conducted your own personal life in an

        10       exemplary way, your family and certainly

        11       within your community, our community of

        12       Elmont, which Senator Martins and I share, in

        13       working with future generations of boxers and

        14       leaders within that great community.

        15                  So I'm proud to be a cosponsor of

        16       the resolution, proud to have you as a

        17       neighboring almost constituent, but proud for

        18       your accomplishments both in the ring but even

        19       more personally in the home.

        20                  So we welcome you today.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       question is on the resolution.  All in favor

        23       signify by saying aye.

        24                  (Response of "Aye.")

        25                  ACTING PRESIDENT GRIFFO:



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         1       Opposed?

         2                  (No response.)

         3                  ACTING PRESIDENT GRIFFO:    The

         4       resolution is adopted.

         5                  Welcome and congratulations, champ.

         6                  (Standing ovation.)

         7                  SENATOR LIBOUS:    Mr. President.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Libous.

        10                  SENATOR LIBOUS:    I believe that

        11       Senator Nozzolio has a privileged resolution

        12       at the desk.  He would like it read in its

        13       entirety, and would you call on Senator

        14       Nozzolio, please.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       Secretary will read.

        17                  THE SECRETARY:    Legislative

        18       resolution by Senator Nozzolio, congratulating

        19       the Gananda High School Girls' Varsity

        20       Basketball Team upon the occasion of capturing

        21       the 2011 New York State Class C championship.

        22                  "WHEREAS, Excellence and success in

        23       competitive sports can be achieved only

        24       through strenuous practice, team play and team

        25       spirit, nurtured by dedicated coaching and



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         1       strategic planning; and

         2                  "WHEREAS, Athletic competition

         3       enhances the moral and physical development of

         4       the young people of this state, preparing them

         5       for the future by instilling in them the value

         6       of teamwork, encouraging a standard of healthy

         7       living, imparting a desire for success, and

         8       developing a sense of fair play and

         9       competition; and

        10                  "WHEREAS, The 2010-2011 Gananda

        11       High School Girls' Varsity Basketball Team won

        12       its first ever New York State basketball title

        13       with a convincing 61-51 over Section IV

        14       Harpursville at the Class C tournament finals

        15       held at Hudson Valley Community College; and

        16                  "WHEREAS, The Panthers of the

        17       Gananda High School Girls' Varsity Basketball

        18       Team finished their 2010-2011 season

        19       undefeated, with an outstanding 25-0 record;

        20       and

        21                  "WHEREAS, The athletic talent

        22       displayed by the 2010-2011 Gananda High School

        23       Girls' Varsity Basketball Team is due in great

        24       part to the efforts of its coaching staff:

        25       Head Coach Tony Morabito, Assistant Coach



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         1       Karin Meuwissen, Assistant Coach Patrick

         2       Muldowny, and Assistant Coach Kim Crowley,

         3       skilled and inspirational tutors respected for

         4       their ability to develop potential into

         5       excellence; and

         6                  "WHEREAS, The overall record of

         7       2010-2011 Gananda High School Girls' Varsity

         8       Basketball Team was outstanding, and the team

         9       members were loyally and enthusiastically

        10       supported by family, fans, friends and the

        11       community at large; and

        12                  "WHEREAS, The hallmarks of the

        13       2010-2011 Gananda High School Girls' Varsity

        14       Basketball Team, from the opening game of the

        15       season to capturing the 2011 New York State

        16       Class C Championship, were a sisterhood of

        17       athletic ability, of good sportsmanship, of

        18       honor and of scholarship, demonstrating that

        19       these team players are second to none; and

        20                  "WHEREAS, Athletically and

        21       academically, the 2010-2011 Gananda High

        22       School Girls' Varsity Basketball Team members

        23       have proven themselves to be an unbeatable

        24       combination of talents, reflecting favorably

        25       on their school and their community; and



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         1                  "WHEREAS, The coaching staff of the

         2       2010-2011 Gananda High School Girls' Varsity

         3       Basketball Team have done a superb job in

         4       guiding, molding, and inspiring the team

         5       members toward their goals; and

         6                  "WHEREAS, Sports competition

         7       instills the values of teamwork, pride and

         8       accomplishment, and the 2010-2011 Gananda High

         9       School Girls' Varsity Basketball Team's

        10       outstanding athletes have clearly made a

        11       contribution to the spirit of excellence which

        12       is a tradition of their school; now,

        13       therefore, be it

        14                  "RESOLVED, That this Legislative

        15       Body pause in its deliberations to

        16       congratulate the 2010-2011 Gananda High School

        17       Girls' Varsity Basketball Team, its members --

        18       Julia Pagano, Taylor Goebel, Jamie Cannan,

        19       Shawna Van Etten, Shannon McGinnis, Tiffany

        20       Gregoire, Audrey Allen, Melissa Reeves,

        21       Tiffany Burkes, Devlin Vogt, Kourtney Goebel,

        22       Jessi Butler, Michelle Suchan, Emily Donnan,

        23       Jordyn Ruston, and Lindsey Mason -- and Head

        24       Coach Tony Morabito, Assistant Coach Karin

        25       Meuwissen, Assistant Coach Patrick Muldowny,



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         1       and Assistant Coach Kim Crowley on their

         2       outstanding season, overall team record, and

         3       capturing the 2011 New York State Class C

         4       Championship; and be it further

         5                  "RESOLVED, That copies of this

         6       resolution, suitably engrossed, be transmitted

         7       to the members and coaching staff of the

         8       2010-2011 Gananda High School Girls' Varsity

         9       Basketball Team."

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       Nozzolio.

        12                  SENATOR NOZZOLIO:    Thank you,

        13       Mr. President.  On the resolution.

        14                  Mr. President and my colleagues,

        15       thank you for joining me in welcoming

        16       outstanding athletes, state champions, and

        17       exemplary citizens.  The young women who

        18       represent the Gananda High School Girls'

        19       Varsity Basketball Team not only represented

        20       their team but, in so doing, in taking their

        21       team all the way to the state finals and

        22       winning the state championship, the Class C,

        23       they showed that they are certainly class

        24       athletes and class individuals.

        25                  I'd like to make a couple of



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         1       special mentions.  This is a team that's a

         2       team's team.  They work well together.  You

         3       can tell they're all close friends.  But they

         4       certainly were led by an undeniable talent,

         5       one who worked extremely hard and as a senior

         6       was an outstanding athlete, was chosen the

         7       most outstanding -- not only in Section V, but

         8       was named the tournament MVP -- Shannon

         9       McGinnis.

        10                  Shannon, congratulations to you for

        11       your sacrifice and hard work and exemplary

        12       example to the entire team.  And

        13       congratulations for what I know will be a

        14       wonderful future in whatever you choose to

        15       endeavor.

        16                  Head Coach Tony Morabito, while he

        17       needs to spend a lot of time being the

        18       basketball coach for the Gananda Women's Team,

        19       he finds time and has found time for many

        20       years to be a volunteer fireman working with

        21       the Walworth Fire Department.

        22                  Tony, thank you for being such a

        23       great coach and wonderful role model, and for

        24       giving so much to the community.

        25                  As we commemorate and discuss



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         1       issues of September 11th, that horrific day

         2       brought about many heroes, and those heroes

         3       are exemplified in all our volunteer firemen

         4       and firewomen from across New York State,

         5       across the nation, who are true heroes in that

         6       endeavor in that each and every day they put

         7       themselves on the line to support their

         8       community and to protect their community.

         9                  So, Tony, that spirit of public

        10       service is one that you bring into the team as

        11       you coach and mentor and educate these fine

        12       young athletes.  And I congratulate you for

        13       what you do.

        14                  But one person who was not named in

        15       the resolution that I would like to mention is

        16       the official scorer of the team, and that's

        17       Tony's wife, Karen.  That she was not

        18       mentioned and that I know Tony couldn't do

        19       what he needs to do without great support from

        20       home.  And Karen has taken that support on the

        21       road in working with the coach in this

        22       becoming a family affair.

        23                  I'd also like to thank the athletic

        24       director of the Gananda Central School

        25       District, John Tichacek, and the



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         1       superintendent, Shawn Van Scoy, who are here

         2       today to be with the young ladies in

         3       recognizing their contributions, recognizing

         4       their success.

         5                  Congratulations all for a great day

         6       for Gananda.  Congratulations for being

         7       champions of our state and champions in every

         8       sense of the word.

         9                  Thank you, Mr. President.

        10                  ACTING PRESIDENT GRIFFO:    Thank

        11       you, Senator Nozzolio.

        12                  Senator Libous.

        13                  SENATOR LIBOUS:    Mr. President, I

        14       rise in great pain, Senator Nozzolio, because

        15       I happen to represent Harpursville.  And not

        16       only do I represent Harpursville, but my

        17       brother-in-law teaches at Harpursville.

        18                  And I want to congratulate you

        19       ladies for becoming champions.  While I am

        20       very proud of my Harpursville school team, and

        21       I know that they worked hard in Section IV,

        22       you obviously beat them.  And, Senator

        23       Nozzolio, did you have to put in the

        24       resolution "a convincing victory"?  Couldn't

        25       you just say they won?



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         1                  (Laughter.)

         2                  SENATOR LIBOUS:    But my

         3       congratulations.  I tip my hat to all of you.

         4       And nice job, well done.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       question is on the resolution.  All in favor

         7       signify by saying aye.

         8                  (Response of "Aye.")

         9                  ACTING PRESIDENT GRIFFO:

        10       Opposed?

        11                  (No response.)

        12                  ACTING PRESIDENT GRIFFO:    The

        13       resolution is adopted.

        14                  And we want to congratulate the

        15       Gananda Panthers for being with us today on

        16       their state championship.

        17                  (Applause.)

        18                  ACTING PRESIDENT GRIFFO:    Senator

        19       Libous.

        20                  SENATOR LIBOUS:    Thank you,

        21       Mr. President.

        22                  There's another privileged

        23       resolution at the desk, Number 1139, by

        24       Senator Bonacic.  Could we have please read in

        25       its entirety and call on Senator Bonacic.



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         1                  ACTING PRESIDENT GRIFFO:    The

         2       Secretary will read.

         3                  THE SECRETARY:    Legislative

         4       Resolution Number 1139, by Senator Bonacic,

         5       congratulating the 2010-2011 Coleman Catholic

         6       Varsity Girls' Basketball Team upon the

         7       occasion of capturing the New York State

         8       Class D Championship.

         9                  "WHEREAS, Excellence and success in

        10       competitive sports can be achieved only

        11       through strenuous practice, team play and team

        12       spirit, nourished by dedicated coaching and

        13       strategic planning; and

        14                  "WHEREAS, Athletic competition

        15       enhances the moral and physical development of

        16       the young people of this state, preparing them

        17       for the future by instilling in them the value

        18       of teamwork, encouraging a standard of healthy

        19       living, imparting a desire for success, and

        20       developing a sense of fair play and

        21       competition; and

        22                  "WHEREAS, Ranked number one in

        23       New York State all season, the 2010-2011 John

        24       A. Coleman Catholic Varsity Girls' Basketball

        25       Team captured its second Class D Championship



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         1       title in three years with an impressive 44-26

         2       victory over Chateaugay at Hudson Valley

         3       Community College in the state tournament

         4       final; and

         5                  "WHEREAS, The Coleman Catholic

         6       Varsity Girls' Basketball Team won the

         7       New York State Class D title in 2009 with a

         8       different starting lineup.  The 2010-2011 team

         9       used its trademark pressure defense to defeat

        10       the 19-7 Bulldogs from Chateaugay in this

        11       year's championship game; and

        12                  "WHEREAS, Known as the

        13       "Stateswomen," or "Lady Statesmen," the

        14       2010-2011 Coleman Catholic Varsity Girls'

        15       Basketball Team finished the season with a

        16       spectacular 20-2 record; and

        17                  "WHEREAS, The athletic talent

        18       displayed by the 2010-2011 Coleman Catholic

        19       Varsity Girls' Basketball Team is due in great

        20       part to the efforts of Coach Guy Leonard, a

        21       skilled and inspirational tutor, respected for

        22       his ability to develop potential into

        23       excellence; and

        24                  "WHEREAS, The overall record of the

        25       2010-2011 Coleman Catholic Varsity Girls'



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         1       Basketball Team was outstanding, and the team

         2       members were loyally and enthusiastically

         3       supported by family, fans, friends and the

         4       community at large; and

         5                  "WHEREAS, The hallmarks of the

         6       2010-2011 Coleman Catholic Varsity Girls'

         7       Basketball Team, from the opening game of the

         8       season to capturing the Class D New York State

         9       Championship, were a sisterhood of athletic

        10       ability, of good sportsmanship, of honor and

        11       of scholarship, demonstrating that these team

        12       players are second to none; and

        13                  "WHEREAS, Athletically and

        14       academically, the 2010-2011 Coleman Catholic

        15       Varsity Girls' Basketball Team members have

        16       proven themselves to be an unbeatable

        17       combination of talents, reflecting favorably

        18       on their school and their community; and

        19                  "WHEREAS Coach Guy Leonard has done

        20       a superb job in guiding, molding and inspiring

        21       the 2010-2011 Coleman Catholic Varsity Girls'

        22       Basketball Team members toward their goals;

        23       and

        24                  "WHEREAS, Sports competition

        25       instills the values of teamwork, pride and



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         1       accomplishment, and Coach Guy Leonard and the

         2       Coleman Catholic Varsity Girls' Basketball

         3       Team's outstanding athletes have clearly made

         4       a contribution to the spirit of excellence

         5       which is a tradition of their school; now,

         6       therefore, be it

         7                  "RESOLVED, That this Legislative

         8       Body pause in its deliberations to

         9       congratulate the 2010-2011 Coleman Catholic

        10       Varsity Girls' Basketball Team, its members,

        11       and Coach Guy Leonard on their outstanding

        12       season, overall team record, and the Class D

        13       New York State Championship; and be it further

        14                  "RESOLVED, That copies of this

        15       resolution, suitably engrossed, be transmitted

        16       to the members of the 2010-2011 Coleman

        17       Catholic Varsity Girls' Basketball Team, and

        18       to Coach Guy Leonard."

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Bonacic.

        21                  SENATOR BONACIC:    Thank you,

        22       Mr. President.

        23                  It's with great pride that I stand

        24       to congratulate the John S. Coleman High

        25       School Women's Basketball Team, champions of



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         1       Division D.

         2                  I don't know what's in the water of

         3       your school, but you were here in 2009, you

         4       were state champions, and you're here again.

         5                  I want to give a special

         6       congratulations to Guy Leonard, who is your

         7       outstanding coach, who was the Freeman Coach

         8       of the Year.  Your record was 20 and 2.  You

         9       were known as "the Stateswomen."  I don't know

        10       how that title came about.  To me, you're the

        11       state champions.

        12                  But what I liked about your team

        13       when I saw the statistics of the final game,

        14       the score was pretty close in the first half;

        15       then, with a little more than 3 minutes left,

        16       your offense took over.  The second half, your

        17       defense took over.  And you won in a dramatic

        18       fashion by a score of 44-26.

        19                  Now, I know basketball is a team

        20       sport.  Each and every one of you are the

        21       MVPs.  You know teamwork, you know hard work,

        22       you know dedication.  And it takes a team to

        23       be champions.  But you know, I've seen many

        24       teams come here, like we've just seen the

        25       women from the championship for the



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         1       Division C.  But I have not seen a team where

         2       one scorer outscored the opposing team.  That

         3       is highly unusual.  Happened to be the Most

         4       Valuable Player of the tournament.  And

         5       Mackenzie Burud, a special congratulations.

         6                  But in addition to Mackenzie, we

         7       had Katie Shults, who was on the

         8       All-Tournament Team.  You also had Dana

         9       Callahan, Section 9 Sportsmanship Award.  And

        10       of course Emily and Nicole Curley.  That

        11       pretty much rounded out the top five.  But as

        12       I said, you're all MVP players.

        13                  I see that your supervisor came,

        14       Jim Quigley.  Jim, thanks for being here.

        15       You're accompanied by some of your parents.  I

        16       thank them for being here.  And I guess Guy's

        17       bride is here.  Mrs. Leonard, I thank you.

        18                  And as an aside, before I conclude,

        19       Frank Patience, our Secretary of the Senate,

        20       is a graduate of this school.  I'm not going

        21       to ask Frank whether he played basketball or

        22       not.  But I want you to know your school is

        23       very special.  Each and every one of you are

        24       very special.

        25                  I wish you much success as you



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         1       pursue your careers.  I'm sure you'll be

         2       successful in whatever you do.  Thank you.

         3                  Thank you, Mr. President.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Larkin.

         6                  SENATOR LARKIN:    Thank you.

         7                  I'm proud to join Senator Bonacic,

         8       because I know some of these young folks up

         9       here that Mr. Quigley smiles at live in my

        10       district.

        11                  But, you know, this is a school, by

        12       the way, that you should know that 10 years

        13       ago the archdiocese said:  Fold your tent and

        14       go away.  They didn't.  Some people aren't

        15       with us anymore that were with us that night,

        16       Jim, when we were in the gymnasium and we

        17       said, "Hey, we're not giving up a fight."

        18                  And you young ladies are proof what

        19       Coleman is all about.  Yes, you're here today

        20       and we're here to honor you for your

        21       achievements in a sport.  But we're also here

        22       to honor you and your families and friends in

        23       making sure that Coleman kept going.  Because

        24       it is a great academic school, and sports

        25       makes it just that much better.



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         1                  To each and every one of you,

         2       congratulations.  Don't wear the pride too

         3       hard, because next year for some of you it

         4       will be tougher.

         5                  ACTING PRESIDENT GRIFFO:    Thank

         6       you, Senator Larkin.

         7                  This resolution was previously

         8       adopted by the Senate on Tuesday, April 5th,

         9       unanimously.

        10                  We want to thank the basketball

        11       team for being here.  So to all from Coleman

        12       Catholic, congratulations and welcome.

        13                  (Applause.)

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Libous.

        16                  SENATOR LIBOUS:    Thank you,

        17       Mr. President.

        18                  I believe there's another

        19       resolution by Senator Bonacic at the desk.

        20       May we have its title read, please, and move

        21       for its adoption.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       Secretary will read.

        24                  THE SECRETARY:    Legislative

        25       resolution by Senator Bonacic, recognizing



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         1       Sunday, May 1, 2011, as Law Day USA in the

         2       State of New York.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       question is on the resolution.  All those in

         5       favor please signify by saying aye.

         6                  (Response of "Aye.")

         7                  ACTING PRESIDENT GRIFFO:

         8       Opposed?

         9                  (No response.)

        10                  ACTING PRESIDENT GRIFFO:    The

        11       resolution is adopted.

        12                  Senator Libous.

        13                  SENATOR LIBOUS:    Mr. President,

        14       there's a resolution at the desk by Senator

        15       Grisanti.  He would like the title read and

        16       move for its immediate adoption, please.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       Secretary will read.

        19                  THE SECRETARY:     Legislative

        20       resolution by Senator Grisanti, commemorating

        21       the 41st Anniversary of Earth Day on April 22,

        22       2011.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       question is on the resolution.  All in favor

        25       signify by saying aye.



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         1                  (Response of "Aye.")

         2                  ACTING PRESIDENT GRIFFO:

         3       Opposed?

         4                  (No response.)

         5                  ACTING PRESIDENT GRIFFO:    The

         6       resolution is adopted.

         7                  Senator Libous.

         8                  SENATOR LIBOUS:    Mr. President,

         9       would you at this time call on Senator

        10       Breslin, please.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Breslin.

        13                  SENATOR LIBOUS:    Oh, before we do

        14       that, I believe Senator Grisanti, if he were

        15       in the chamber, he would say that if any

        16       members would like to be cosponsor of his

        17       resolution -- please notify the desk if you

        18       would not want to be on it.  So he'd like to

        19       open it up for all the members.

        20                  And now would you please call on

        21       Senator Breslin.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       Senate resolution is open to all members.  If

        24       you choose not to, please indicate by visiting

        25       the desk.



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         1                  Senator Breslin.

         2                  SENATOR BRESLIN:    Thank you,

         3       Mr. President.

         4                  On behalf of Senator Avella, I move

         5       that the following bill be discharged from its

         6       respective committee and be recommitted with

         7       instructions to strike the enacting clause:

         8       Bill Number 4835.

         9                  ACTING PRESIDENT GRIFFO:    So

        10       ordered.

        11                  SENATOR BRESLIN:    Further,

        12       Mr. President, I request you call up Calendar

        13       Number 195, Assembly Print Number 570.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       195, by Member of the Assembly Wright,

        18       Assembly Print Number 570, an act to amend the

        19       Public Housing Law.

        20                  SENATOR BRESLIN:    Mr. President,

        21       I now move to reconsider the vote by which the

        22       Assembly bill was substituted for my bill.

        23                  ACTING PRESIDENT GRIFFO:    Call

        24       the roll on reconsideration.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 60.

         2                  SENATOR BRESLIN:    I now move that

         3       Assembly Bill 570 be recommitted to the

         4       Committee on Housing, Construction and

         5       Community Development, and my Senate bill be

         6       restored to the order of the Third Reading

         7       Calendar.

         8                  ACTING PRESIDENT GRIFFO:    So

         9       ordered.

        10                  SENATOR BRESLIN:    Finally,

        11       Mr. President, on behalf of Senator Diaz, I

        12       wish to call up Print Number 331, recalled

        13       from the Assembly, which is now at the desk.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       7, by Senator Diaz, Senate Print 331, an act

        18       to amend the Elder Law.

        19                  SENATOR BRESLIN:    Mr. President,

        20       I now move to reconsider the vote by which

        21       this bill was passed.

        22                  ACTING PRESIDENT GRIFFO:    Call

        23       the roll on reconsideration.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 60.



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         1                  SENATOR BRESLIN:    Mr. President,

         2       I now offer the following amendments.

         3                  ACTING PRESIDENT GRIFFO:

         4       Amendments received.

         5                  SENATOR BRESLIN:    Thank you,

         6       Mr. President.

         7                  ACTING PRESIDENT GRIFFO:    Thank

         8       you, Senator Breslin.

         9                  Senator Klein.

        10                  SENATOR KLEIN:    Thank you,

        11       Mr. President.

        12                  On behalf of Senator Carlucci, I

        13       move that the following bill be discharged

        14       from its respective committee and be

        15       recommitted with instructions to strike the

        16       enacting clause:  Senate Number 3746.

        17                  ACTING PRESIDENT GRIFFO:    So

        18       ordered.

        19                  Senator Libous.

        20                  SENATOR LIBOUS:    Thank you,

        21       Mr. President.  I have several motions also,

        22       Mr. President.

        23                  On behalf of you, Mr. President,

        24       Senator Griffo, on page 22 I offer the

        25       following amendments to Calendar Number 266,



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         1       Senate Print 2488A, and ask that said bill

         2       retain its place on the Third Reading

         3       Calendar.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       amendments are received, and the bill will

         6       retain its place on Third Reading.

         7                  SENATOR LIBOUS:    On behalf of

         8       Senator DeFrancisco, Mr. President, on page 16

         9       I offer the following amendments to Calendar

        10       Number 182, Senate Print 2903A, and ask that

        11       said bill retain its place on the Third

        12       Reading Calendar.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       amendments are received, and the bill will

        15       retain its place on the Third Reading

        16       Calendar.

        17                  SENATOR LIBOUS:    On behalf of

        18       Senator Maziarz, Mr. President, on page 15 I

        19       offer the following amendments to Calendar

        20       Number 143, Senate Print Number 3407, and ask

        21       that said bill retain its place on the Third

        22       Reading Calendar.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       amendments are received, and the bill will

        25       retain its place on Third Reading.



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         1                  SENATOR LIBOUS:    And,

         2       Mr. President, on behalf of Senator Zeldin, I

         3       move the following bill be discharged from its

         4       respective committee and be recommitted with

         5       instructions to strike the enacting clause:

         6       Senate Print Number 4027.

         7                  ACTING PRESIDENT GRIFFO:    So

         8       ordered.

         9                  Senator Libous.

        10                  SENATOR LIBOUS:    Mr. President,

        11       are there any substitutions at the desk?

        12       Could we have them read at this time?

        13                  ACTING PRESIDENT GRIFFO:    There

        14       are.

        15                  The Secretary will read.

        16                  THE SECRETARY:    On page 12,

        17       Senator LaValle moves to discharge, from the

        18       Committee on Higher Education, Assembly Print

        19       Number 4579 and substitute it for the

        20       identical Senate Bill Number 2985, Third

        21       Reading Calendar Number 94.

        22                  ACTING PRESIDENT GRIFFO:

        23       Substitution so ordered.

        24                  THE SECRETARY:    On page 14,

        25       Senator Lanza moves to discharge, from the



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         1       Committee on Judiciary, Assembly Bill Number

         2       6534 and substitute it for the identical

         3       Senate Bill Number 3392, Third Reading

         4       Calendar 126.

         5                  ACTING PRESIDENT GRIFFO:

         6       Substitution so ordered.

         7                  THE SECRETARY:    On page 23,

         8       Senator Saland moves to discharge, from the

         9       Committee on Codes, Assembly Bill Number 6800

        10       and substitute it for the identical Senate

        11       Bill Number 4089, Third Reading Calendar 268.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       substitution is so ordered.

        14                  THE SECRETARY:    And on page 28,

        15       Senator Lanza moves to discharge, from the

        16       Committee on Mental Health and Developmental

        17       Disabilities, Assembly Bill Number 4731 and

        18       substitute it for the identical Senate Bill

        19       Number 3745, Third Reading Calendar 336.

        20                  ACTING PRESIDENT GRIFFO:

        21       Substitution so ordered.

        22                  Senator Libous.

        23                  SENATOR LIBOUS:    Thank you,

        24       Mr. President.  Could we now move to the

        25       reading of the noncontroversial calendar,



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         1       please.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       38, by Senator Martins, Senate Print 1824, an

         6       act to amend the General Municipal Law.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 16.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT GRIFFO:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Breslin to explain his vote.

        16                  SENATOR BRESLIN:    Thank you,

        17       Mr. President.

        18                  You know, this is a bill or an area

        19       that we worked on a great deal.  We passed

        20       legislation at the direction of the then

        21       Attorney General, Attorney General Cuomo, and

        22       we all applauded it at that time.

        23                  And I'm sure that this bill is

        24       well-intended.  However, it increases the

        25       number of votes necessary for a change and,



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         1       coincidentally, to two beyond what it was

         2       changed from the prior.  So on that basis

         3       alone, I think I would disagree with it.

         4                  In addition, it's now only allowing

         5       60 days to go out and obtain signatures.

         6                  Also, it appears that the days

         7       involved we could implement, under the

         8       existing legislation, legislation within

         9       180 days.  This bill would give 360 days plus

        10       allow increments beyond that of 90 days.

        11                  And I believe that we all agree

        12       here that it's time, in order to make towns

        13       more efficient, villages, cities more

        14       efficient, that we begin to bring

        15       consolidation together.  And we applauded the

        16       Attorney General at the time.

        17                  I think this does nothing more than

        18       waters it down.  And accordingly, I will be

        19       voting in the negative.

        20                  Thank you, Mr. President.

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Krueger to explain her vote.

        23                  SENATOR LIZ KRUEGER:    Thank you,

        24       Mr. President.  I too rise to explain that I

        25       am voting no on this bill.



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         1                  When we did pass the legislation in

         2       2009 to allow local governments to dissolve or

         3       to merge, the intention was to provide a

         4       mechanism for communities, recognizing that

         5       their local costs and their local taxes were

         6       excessive, to be able to streamline too many

         7       layers of government at the local level.

         8                  As I read this bill, the changes

         9       being proposed to that law would literally gut

        10       the bill, the intention of our existing law,

        11       and make it impossible for communities to

        12       accomplish this goal.

        13                  Given that we constantly hear --

        14       again, constantly hear, both sides of the

        15       aisle, that property taxes and other local

        16       taxes are too high, and that the identified

        17       key issue is an overproduction of government

        18       levels, we need to ensure that communities

        19       have the ability to streamline and decrease

        20       the number of layers of government at the

        21       local level to accomplish the public service

        22       goals of government without an overabundance

        23       or an overproduction of staff requiring too

        24       many resources.

        25                  So frankly, this bill will put us



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         1       back in time rather than move us forward.  I

         2       vote no.

         3                  Thank you, Mr. President.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Krueger and Senator Breslin to be recorded in

         6       the negative.

         7                  Senator Stewart-Cousins to explain

         8       her vote.

         9                  SENATOR STEWART-COUSINS:    Yes,

        10       thank you, Mr. President.  I rise also to -- I

        11       will be voting against this bill.

        12                  And I do want to commend Senator

        13       Martins for dealing with some of the issues.

        14       Because again, when the Attorney General's

        15       bill came forward, I was privileged to be able

        16       to sponsor the bill because we all understand

        17       that we have over 10,000 local taxing

        18       districts, all of which were doing different

        19       things.  That bill made it a streamlined

        20       process, and it put the power in the hands of

        21       the citizenry.

        22                  When we first began this discussion

        23       in January -- with some amendments, because

        24       there are some things that can be done -- I

        25       mentioned in committee at that time that I was



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         1       concerned that the study commission would

         2       delay the process.  I was also concerned that

         3       the study commission did not empower citizens,

         4       because in the study commission are only the

         5       elected people, and many of the people who

         6       might be impacted in consolidation.

         7                  We need to make sure that this bill

         8       is right so that people can take advantage of

         9       consolidation and dissolution.  But it cannot

        10       take power from the citizens, it cannot

        11       prolong a process, it can't make a situation

        12       that is difficult even worse.

        13                  And that's why I am voting no.

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Stewart-Cousins to be recorded in the

        16       negative.

        17                  Announce the results.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 38, those recorded in the

        20       negative are Senators Adams, Addabbo, Avella,

        21       Breslin, Carlucci, Dilan, Duane, Espaillat,

        22       Gianaris, Hassell-Thompson, Huntley, Klein,

        23       L. Krueger, C. Kruger, Little, Montgomery,

        24       Parker, Peralta, Perkins, Rivera, Sampson,

        25       Serrano, Squadron, Stavisky, Stewart-Cousins,



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         1       and Valesky.

         2                  Ayes, 34.  Nays, 26.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       bill is passed.

         5                  The Secretary will read.

         6                  THE SECRETARY:    Calendar Number

         7       91, by Senator Young, Senate Print 770, an act

         8       to amend the Agriculture and Markets Law.

         9                  ACTING PRESIDENT GRIFFO:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT GRIFFO:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 60.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       94, substituted earlier today by Member of the

        21       Assembly Canestrari, Assembly Print Number

        22       4579, an act to amend the Education Law.

        23                  ACTING PRESIDENT GRIFFO:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 5.  This



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         1       act shall take effect on the 120th day.

         2                  ACTING PRESIDENT GRIFFO:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 60.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       126, substituted earlier today by Member of

        10       the Assembly Abbate, Assembly Print Number

        11       6534, an act to amend the New York City Civil

        12       Court Act.

        13                  ACTING PRESIDENT GRIFFO:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT GRIFFO:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT GRIFFO:

        21       Announce the results.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 126, those recorded in the

        24       negative are Senators Addabbo, Duane,

        25       C. Kruger and Montgomery.  Also Senator



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         1       Perkins.

         2                  Ayes, 55.  Nays, 5.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       154, by Senator LaValle, Senate Print 806, an

         7       act to amend the Town Law.

         8                  ACTING PRESIDENT GRIFFO:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 7.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT GRIFFO:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 58.  Nays,

        16       2.  Senators Rivera and Stewart-Cousins

        17       recorded in the negative.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       178, by Senator Nozzolio, Senate Print 3463,

        22       an act to amend the Penal Law.

        23                  ACTING PRESIDENT GRIFFO:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect on the 15th day.

         2                  ACTING PRESIDENT GRIFFO:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 56.  Nays,

         6       4.  Senators Montgomery, Parker, Perkins and

         7       Squadron recorded in the negative.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       195, by Senator Espaillat, Senate Print 3114,

        12       an act to amend the Public Housing Law.

        13                  ACTING PRESIDENT GRIFFO:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT GRIFFO:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 60.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       196, by Senator Grisanti, Senate Print 3133A,

        25       an act to amend the Public Housing Law.



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         1                  ACTING PRESIDENT GRIFFO:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT GRIFFO:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Breslin, do you wish to explain your vote?

        10                  SENATOR BRESLIN:    No, I'll wait.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Breslin.

        13                  SENATOR BRESLIN:    Thank you,

        14       Mr. President.

        15                  After a distinguished and long

        16       career in the New York State Assembly, this is

        17       the first bill for Senator Espaillat to have

        18       passed here in the Senate body.  And I would

        19       respectfully request that that be

        20       acknowledged.

        21                  (Applause.)

        22                  ACTING PRESIDENT GRIFFO:

        23       Announce the results.

        24                  THE SECRETARY:    In relation to

        25       Calendar Number 196, those recorded in the



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         1       negative are Senators Adams, Addabbo, Avella,

         2       Breslin, Dilan, Espaillat, Gianaris,

         3       Hassell-Thompson, L. Krueger, Montgomery,

         4       Parker, Perkins, Rivera, Serrano, Squadron,

         5       Stavisky, and Stewart-Cousins.

         6                  Ayes, 43.  Nays, 17.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       198, by Senator Young, Senate Print 847, an

        11       act to amend the Agriculture and Markets Law.

        12                  ACTING PRESIDENT GRIFFO:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT GRIFFO:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 60.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       257, by Senator Golden, Senate Print 3402, an

        24       act to amend the Retirement and Social

        25       Security Law.



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         1                  ACTING PRESIDENT GRIFFO:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 3.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT GRIFFO:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 60.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       268, substituted earlier today by Member of

        13       the Assembly Meng, Assembly Print Number 6800,

        14       an act to amend Chapter 74 of the Laws of

        15       2007.

        16                  ACTING PRESIDENT GRIFFO:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT GRIFFO:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Adams.

        25                  SENATOR ADAMS:    I just want to



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         1       explain my vote.

         2                  And I really want to commend my

         3       colleague Senator Saland on this bill.  The

         4       issues around human trafficking is something

         5       that we can't continue to ignore.  There was a

         6       report recently in the papers this weekend

         7       where an 11-year-old child was victimized for

         8       several days, and she was a victim of human

         9       trafficking.

        10                  And we have to do more in

        11       coordinating our efforts to make sure we

        12       identify those who participate in human

        13       trafficking and make sure we have proper care

        14       for the victims of human trafficking.

        15                  So I'm going to be voting aye on

        16       this bill, and I hope that out of this chamber

        17       we come up with more bills that will

        18       effectively address a market that has remained

        19       undetected.  And we need to do more to make

        20       sure that those are brought to justice that

        21       participate in human trafficking.

        22                  So I'll be voting aye on this bill.

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Adams to be recorded in the affirmative.

        25                  Announce the results.



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         1                  THE SECRETARY:    Ayes, 60.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       272, by Senator Gallivan, Senate Print 4051,

         6       an act to amend the Family Court Act.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 3.  This

        10       act shall take effect on the 90th day.

        11                  ACTING PRESIDENT GRIFFO:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 60.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       300, by Senator Gallivan, Senate Print 4050,

        19       an act to amend the Family Court Act.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 3.  This

        23       act shall take effect on the 90th day.

        24                  ACTING PRESIDENT GRIFFO:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 60.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       322, by Senator Young, Senate Print 4031, an

         7       act relating to redistributing 2010 bond

         8       volume allocations.

         9                  ACTING PRESIDENT GRIFFO:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 18.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT GRIFFO:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 60.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       323, by Senator Young, Senate Print 4032, an

        21       act to amend the Private Housing Finance Law.

        22                  ACTING PRESIDENT GRIFFO:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 8.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT GRIFFO:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 60.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       324, by Senator Young, Senate Print 4033, an

         9       act to amend Chapter 199 of the Laws of 2008.

        10                  ACTING PRESIDENT GRIFFO:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 3.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT GRIFFO:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 60.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       336, substituted earlier today by Member of

        22       the Assembly Titone, Assembly Print Number

        23       4731, an act to amend the Mental Hygiene Law.

        24                  ACTING PRESIDENT GRIFFO:    Read

        25       the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT GRIFFO:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 60.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  Senator Libous, that completes the

        10       noncontroversial reading of the calendar.

        11                  SENATOR LIBOUS:    Mr. President,

        12       can we return to motions and resolutions,

        13       please.

        14                  ACTING PRESIDENT GRIFFO:    We will

        15       return to motions and resolutions.

        16                  SENATOR LIBOUS:    Mr. President,

        17       on behalf of Senator Young, on page 12 I offer

        18       the following amendments to Calendar Number

        19       77, Senate Print 863, and ask that said bill

        20       retain its place on the Third Reading

        21       Calendar.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       amendments are received, and the bill will

        24       retain its place on the Third Reading

        25       Calendar.



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         1                  SENATOR LIBOUS:    Mr. President,

         2       once again on behalf of Senator Young, on

         3       page 12 I offer the following amendments to

         4       Calendar Number 74, Senate Print 742, and ask

         5       that said bill retain its place on the Third

         6       Reading Calendar.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       amendments are received, and the bill will

         9       retain its place on the Third Reading

        10       Calendar.

        11                  Senator Libous.

        12                  SENATOR LIBOUS:    Mr. President,

        13       is there any further business at the desk?

        14                  ACTING PRESIDENT GRIFFO:    There

        15       is no further business before the desk.

        16                  SENATOR LIBOUS:    Mr. President,

        17       there being no further business at the desk, I

        18       move that the Senate adjourn until Tuesday,

        19       May 3rd, at 3:00 p.m.

        20                  ACTING PRESIDENT GRIFFO:    There

        21       being no further business before the desk, and

        22       on motion, the Senate stands adjourned until

        23       Tuesday, May 3rd, at 3:00 p.m.

        24                  (Whereupon, at 4:26 p.m., the

        25       Senate adjourned.)



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