Tuesday, March 8, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 8, 2005 11 3:08 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CARL L. MARCELLINO, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT MARCELLINO: The 3 Senate will come to order. 4 I would ask everyone present to 5 please rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT MARCELLINO: The 10 invocation today will be given by His Eminence 11 Edward Cardinal Egan, the Archbishop of the 12 Roman Catholic Archdiocese of New York. 13 CARDINAL EGAN: Thank you very 14 much for the honor of being here with you and 15 for offering a prayer together. 16 Almighty and Eternal Father, we 17 place ourselves in Your presence to ask Your 18 blessing. We thank You for the privilege that 19 is ours, to live and to work out our salvation 20 in a nation committed to justice and 21 opportunity for all without distinction of 22 race or creed. 23 We thank You for the privilege that 24 is ours, to live and to work out our salvation 25 in the Empire State of New York, where men and

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(518) 371-8910 1 women of every background come together to 2 build a community distinguished for its 3 energy, tolerance, and economic and cultural 4 achievements. 5 We thank You for the leadership of 6 our Governor and his administration, for our 7 State Legislature, and for the dedicated 8 public servants who labor with devotion and 9 professional excellence for all of us. 10 At the same time, Lord, we present 11 to You our needs. Grant us peace in our 12 hearts, peace in our streets, and, above all, 13 peace among nations across the world. 14 Grant us the wisdom and compassion 15 to see the suffering of the needy among us and 16 to come to their aid, especially those who are 17 hungry and homeless, who are ill, who are 18 mentally afflicted, who are recent arrivals in 19 our land. Grant us a willingness to hear the 20 views of all with openness and respect. 21 And finally, Lord, grant us the 22 grace to see each and every human being who 23 crosses our path in life as Your child, 24 fashioned in Your image and likeness and 25 blessed with a dignity that knows no limit.

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(518) 371-8910 1 All of this we pray, in a very 2 special way begging Your grace and benediction 3 on the Senators of this great state, on their 4 families, and on all of us who are so 5 fortunate to have women and men of excellence 6 and devotion serving us, guiding us, leading 7 us. 8 Amen. 9 ACTING PRESIDENT MARCELLINO: 10 Senator Farley. 11 SENATOR FARLEY: Thank you, Mr. 12 President. 13 Cardinal Egan, let me just say on 14 behalf of my fellow Senators how pleased we 15 are for you to be here with us and for that 16 beautiful blessing and prayer. We need 17 prayers and blessings. 18 I think, for the first time in my 19 29-year career here, the Cardinal brought with 20 him eight diocesan bishops from every diocese 21 in the state of New York, and a total of 15 22 bishops that came with you for the Catholic 23 Conference today. We would have them here in 24 the gallery, but there's not room up there for 25 them all.

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(518) 371-8910 1 So we're delighted to have you 2 here. We're honored by your presence. And 3 thank you so much, Cardinal. 4 CARDINAL EGAN: Thank you, 5 Senator Farley, very much. 6 (Applause.) 7 ACTING PRESIDENT MARCELLINO: 8 Senator Skelos. 9 SENATOR SKELOS: Reading of the 10 Journal, please. 11 ACTING PRESIDENT MARCELLINO: May 12 we have the reading of the Journal. 13 THE SECRETARY: In Senate, 14 Monday, March 7, the Senate met pursuant to 15 adjournment. The Journal of Friday, March 4, 16 was read and approved. On motion, Senate 17 adjourned. 18 ACTING PRESIDENT MARCELLINO: 19 Without objection, the Journal stands approved 20 as read. 21 Presentation of petitions. 22 Messages from the Assembly. 23 Messages from the Governor. 24 Reports of standing committees. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Senator Johnson, 2 from the Committee on Finance, reports the 3 following nominations: 4 As Commissioner of General 5 Services, Daniel Hogan, of Slingerlands. 6 ACTING PRESIDENT MARCELLINO: 7 Senator Johnson. 8 SENATOR JOHNSON: Move the 9 nomination, Mr. President. 10 ACTING PRESIDENT MARCELLINO: 11 Senator Maziarz. 12 SENATOR MAZIARZ: Thank you very 13 much, Mr. President. 14 On this nomination, I just want to 15 congratulate Dan and his family. Dan actually 16 came to Albany from Niagara County under the 17 auspices and direction of former State 18 Senator, my predecessor, John Daly. 19 He did an excellent job, I know, 20 working for the Senate for a number of years, 21 and then went to work for Governor Pataki in 22 various capacities. And has always, always 23 done an excellent job, has built a great 24 reputation out here. 25 Now, I don't know why he would

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(518) 371-8910 1 prefer to live in the Capital District, as 2 opposed to Niagara, with the weather that we 3 have here. And it's 80 degrees in Niagara 4 County today, Dan. 5 (Laughter.) 6 SENATOR MAZIARZ: But having said 7 that, Mr. President, I wholeheartedly want to 8 second this nomination, congratulate Dan, his 9 family. I know that his family back in 10 Niagara is extremely proud, not just of this 11 appointment, as well they should be, but of 12 all the accomplishments that you've had during 13 your entire public career. 14 Congratulations. Good luck. 15 ACTING PRESIDENT MARCELLINO: 16 Senator Spano. 17 SENATOR SPANO: Thank you, Mr. 18 President. 19 It's my pleasure to speak in favor 20 and to second the nomination of Dan Hogan. 21 As chair of the Investigations 22 Committee, normally Mr. Hogan's, Commissioner 23 Hogan's nomination would go before that 24 committee. But I was on a bit of a hiatus 25 earlier this year, so you went directly to

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(518) 371-8910 1 Finance. 2 (Laughter.) 3 SENATOR SPANO: If your 4 nomination had gone through the committee, 5 certainly we would have found you to be very 6 well qualified for this position. Having 7 served in a legislative capacity and also on 8 the regulatory side of government, you have 9 the unique experience to lead an agency. 10 And we will all certainly be proud 11 of you, and the Governor should be proud of 12 you as an outstanding commissioner. It's my 13 pleasure to second your nomination today. 14 ACTING PRESIDENT MARCELLINO: 15 Senator Volker. 16 SENATOR VOLKER: Mr. President, 17 I'd like to second the nomination of Dan 18 Hogan, who I've known for probably 20, 25 19 years. 20 As I think most of you know, John 21 Daly and I were very close, and in fact I 22 think we almost grew Dan Hogan up. And I just 23 want to say that there couldn't be a better 24 nominee for OGS than Dan. 25 We're proud of what he has been

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(518) 371-8910 1 able to accomplish, and I'm sure he'll 2 continue to be a credit to the State of 3 New York. 4 ACTING PRESIDENT MARCELLINO: 5 Senator Breslin. 6 SENATOR BRESLIN: Thank you, Mr. 7 President. 8 I rise to commend the Governor for 9 selecting a very competent and capable 10 professional from my district, someone who 11 graduated with the highest honors from 12 Buffalo, who served Senator John Daly, a 13 friend of all of ours, so well. He was the 14 chief aide for Senator Michael Hoblock, the 15 Deputy County Executive in Albany. 16 And every place he's gone, he's 17 performed admirably. And he'll continue to 18 perform as admirably as the successor to Ken 19 Ringler in the Office of General Services. 20 I commend Dan and wish him well. 21 ACTING PRESIDENT MARCELLINO: 22 Senator Farley, please. 23 SENATOR FARLEY: Thank you, Mr. 24 President. 25 I also rise to support Dan Hogan, a

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(518) 371-8910 1 graduate of the Daly school and somebody that 2 has come out of the Senate and really 3 performed so well. 4 You know, the Commissioner of 5 General Services is a terribly, terribly 6 important job for those of us in the Capital 7 District. Needless to say, we have a lot of 8 employees and buildings and so forth that 9 affect our constituents. It's a difficult 10 office, and one that was served admirably by 11 his predecessor, Ken Ringler. 12 And I know that every job that Dan 13 Hogan has done, he's done well. And I look 14 forward to working with him, and wish you the 15 very best. 16 I spoke with him this morning as he 17 was stuck in traffic in this snowstorm, but he 18 made it through. And you make it through on 19 everything. All the best to you, Dan. 20 ACTING PRESIDENT MARCELLINO: Any 21 other Senator wishing to be heard? 22 The question is on the confirmation 23 of Dan Hogan as Commissioner of General 24 Services. All in favor signify by saying aye. 25 (Response of "Aye.")

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT MARCELLINO: The 5 nominee is hereby confirmed. 6 Congratulations, Mr. Hogan. 7 Mr. Hogan is joined today in the 8 audience by his wife, Carrie Hogan; his 9 daughter, Madeline Hogan; his other daughter, 10 Siobhan Hogan; son, John; and sister, Alyssa. 11 Congratulations, Mr. Hogan. 12 (Applause.) 13 ACTING PRESIDENT MARCELLINO: The 14 Secretary will read the rest of the 15 nominations. 16 THE SECRETARY: As a member of 17 the Dormitory Authority, Anthony B. Martino, 18 of Buffalo. 19 As members of the Capital District 20 Transportation Authority, Donald C. MacElroy, 21 of Clifton Park, and Arthur F. Young, of 22 Delmar. 23 As members of the Port of Oswego 24 Authority, Pamela Caraccioli, of Oswego, and 25 James G. Cloonan, of Oswego.

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(518) 371-8910 1 As a member of the 2 Rochester-Genesee Regional Transportation 3 Authority, Robert Radley, of Batavia. 4 As members of the Saratoga Capital 5 District State Park, Recreation and Historic 6 Preservation Commission, Stuart H. Angert, of 7 Amherst, and Heather Mabee, of Saratoga 8 Springs. 9 As a member of the State Park, 10 Recreation and Historic Preservation 11 Commission for the City of New York, Edward F. 12 Cox, Esquire, of New York City. 13 As a member of the Waterfront and 14 Airport Commission of New York and New Jersey, 15 Michael C. Axelrod, Esquire, of Roslyn. 16 As a member of the Board of 17 Directors of the New York Convention Center 18 Operating Corporation, Joseph E. Spinnato, of 19 Muttontown. 20 As a member of the Public Health 21 Council, Peter G. Robinson, of Rochester. 22 As members of the State Council on 23 the Arts, Charles C. Bergman, of New York 24 City, and Lawrence Herbert, of New York City. 25 And as members of the Board of

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(518) 371-8910 1 Visitors for the New York School for the 2 Blind, James Robert MacConnell, of Bergen, and 3 Charles R. Ruffino, of Batavia. 4 ACTING PRESIDENT MARCELLINO: The 5 question is on the nominations as read by the 6 Secretary. 7 All in favor signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT MARCELLINO: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT MARCELLINO: The 13 nominees are confirmed. 14 The Secretary will read. 15 THE SECRETARY: Senator Johnson, 16 from the Committee on Finance, reports the 17 following bill direct to third reading: 18 Senate Print 552, Senate Budget 19 Bill, an act making appropriations for the 20 legal requirements. 21 ACTING PRESIDENT MARCELLINO: 22 Without objection, the bill is reported 23 directly to third reading. 24 Reports of select committees. 25 Communications and reports from

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(518) 371-8910 1 state officers. 2 Motions and resolutions. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, I 5 move that we adopt the Resolution Calendar in 6 its entirety. 7 ACTING PRESIDENT MARCELLINO: All 8 in favor of adopting the Resolution Calendar 9 in its entirety signify by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT MARCELLINO: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT MARCELLINO: The 15 Resolution Calendar is adopted. 16 Senator Skelos. 17 SENATOR SKELOS: Mr. President, 18 there's a Resolution Number 722, by Senator 19 Winner, at the desk. I ask that the title be 20 read and move for its immediate adoption. 21 ACTING PRESIDENT MARCELLINO: The 22 Secretary will read. 23 THE SECRETARY: By Senator 24 Winner, Legislative Resolution Number 722, 25 memorializing Governor George E. Pataki to

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(518) 371-8910 1 proclaim March 8, 2005, as "Occupational 2 Health Awareness and Outreach Day" in the 3 State of New York. 4 SENATOR SKELOS: Mr. President, I 5 believe Senator Winner wishes to open the 6 resolution for cosponsorship. If anybody 7 wishes not to cosponsor the resolution, they 8 should notify the desk. 9 ACTING PRESIDENT MARCELLINO: 10 Anyone wishing not to be on the resolution 11 please notify the desk as such. 12 All in favor of the resolution 13 signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT MARCELLINO: All 16 opposed, nay. 17 (No response.) 18 ACTING PRESIDENT MARCELLINO: The 19 ayes have it. The resolution is adopted. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, 22 at the desk there's a Resolution Number 723, 23 by Senator Rath. I ask that the title be read 24 and move for its immediate adoption. 25 ACTING PRESIDENT MARCELLINO: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: By Senator Rath, 3 Legislative Resolution Number 723, 4 memorializing The Honorable George E. Pataki 5 to designate March 2005 as "Women's History 6 Month" in the State of New York. 7 ACTING PRESIDENT MARCELLINO: The 8 question is on the resolution. All in favor 9 signify by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT MARCELLINO: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT MARCELLINO: The 15 resolution is adopted. 16 Senator Skelos. 17 SENATOR SKELOS: Mr. President, I 18 believe Senator Rath wishes to open up the 19 resolution for cosponsorship. If anybody 20 wishes not to sponsor the resolution, they 21 should notify the desk. 22 ACTING PRESIDENT MARCELLINO: 23 Again, if anyone wishes not to be on this 24 resolution, please notify the desk. 25 Otherwise, everybody will be placed on the

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(518) 371-8910 1 resolution. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 Resolution Number 178, by Senator Golden, that 5 was previously adopted on January 25th, I ask 6 that it be read in its entirety at this time. 7 ACTING PRESIDENT MARCELLINO: The 8 Secretary will read. 9 THE SECRETARY: By Senator 10 Golden, Legislative Resolution Number 178, 11 honoring Brooklyn College student Eugene 12 Shenderov upon the occasion of earning a 2005 13 Rhodes Scholarship. 14 "WHEREAS, It is the intent of this 15 Legislative Body to honor the young adults of 16 today, and the leaders of tomorrow, whose 17 character and achievements best exemplify the 18 ideals and values cherished by this great 19 State and Nation; and 20 "WHEREAS, Attendant to such 21 concern, and in full accord with its 22 long-standing traditions, it is the sense of 23 this Legislative Body to honor Brooklyn 24 College student Eugene Shenderov upon the 25 occasion of earning a 2005 Rhodes Scholarship;

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(518) 371-8910 1 and 2 "WHEREAS, Eugene Shenderov was 3 diagnosed with leukemia as a five-year-old in 4 the Ukraine after the Chernobyl nuclear 5 disaster. His family brought him to the 6 United States for therapy. After years of 7 treatment, he was brought back to full health; 8 and 9 "WHEREAS, Eugene Shenderov's 10 experience with leukemia prompted his interest 11 in cancer research. At 21 years of age, he is 12 a Brooklyn College senior in the B.A.-M.D. 13 program and recently has been awarded a 2005 14 Rhodes Scholarship; and 15 "WHEREAS, Eugene Shenderov learned 16 one night, after a full day of interviews with 17 the District II Selection Committee of the 18 Rhodes Trust, that he will be among those 19 traveling to Oxford in October 2005, making 20 him the second Brooklyn College student and 21 the fifth student from the City University of 22 New York ever to receive the most famous 23 scholarship in the world; and 24 "WHEREAS, This will be a return 25 visit to Oxford for Eugene Shenderov, who

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(518) 371-8910 1 spent the previous summer there on a Furman 2 Undergraduate Travel Grant from Brooklyn 3 College. He worked as a tumor immunology 4 research assistant at John Radcliffe Hospital 5 with Dr. Enzo Cerundolo at the Weatherall 6 Institute of Molecular Medicine University at 7 Oxford. Eugene Shenderov intends to earn a 8 doctorate in immunology, with a specialty in 9 cancer research; and 10 "WHEREAS, An outstanding student 11 who has maintained a 4.0 grade point average, 12 Eugene Shenderov is active in the community 13 and possesses a wide range of interests. He 14 is an Edward R. Murrow High School graduate, 15 president of the Brooklyn College Chess Team, 16 member of the Golden Key International Honor 17 Society at Brooklyn College, director of the 18 Brooklyn College Emergency Medical Squad, and 19 a three-time letter winner on the men's tennis 20 team; and 21 "WHEREAS, Poised eagerly with 22 enthusiasm and determined purpose, this 23 scholar now stands honorably, with just pride 24 in his accomplishments and in eager 25 anticipation of future challenges,

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(518) 371-8910 1 understanding and appreciating the caring 2 counsel and support provided by his teachers, 3 coaches and parents; now, therefore, be it 4 "RESOLVED, That this Legislative 5 Body pause in its deliberations to honor 6 Brooklyn College student Eugene Shenderov upon 7 the occasion of earning a 2005 Rhodes 8 Scholarship; and be it further 9 "RESOLVED, That a copy of this 10 resolution, suitably engrossed, be transmitted 11 to Eugene Shenderov." 12 ACTING PRESIDENT MARCELLINO: 13 Senator Golden. 14 SENATOR GOLDEN: Yes, Mr. 15 President. I'd like to ask -- 16 ACTING PRESIDENT MARCELLINO: 17 Excuse me, Senator. 18 Excuse me. Can we have some order 19 in the room, please. 20 Staff, will you take conversations 21 out of the chambers. 22 Senator Golden. 23 SENATOR GOLDEN: Thank you, Mr. 24 President. 25 I'd like to ask the president,

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(518) 371-8910 1 Chris Kimmich, and our 21-year-old Rhodes 2 Scholar, Eugene Shenderov, to please stand as 3 I introduce them to this body as some people, 4 some couple here that have achieved great 5 goals. 6 This is the Brooklyn College 7 president's second Rhodes Scholar out of 8 Brooklyn College over the past five years. 9 And I worked with him in the CUNY system when 10 he was the acting chancellor when we had the 11 changing times in New York City and we 12 increased the ability for a child and an adult 13 to get a good education at our colleges in 14 CUNY in New York City. 15 I've had the good fortune of 16 meeting Eugene several times. His ability to 17 be able to overcome tragedy and to come to 18 this country after surviving leukemia, and 19 working with his family here -- his two 20 siblings, his mom and his dad -- we are very, 21 very proud of him to go on and be a Rhodes 22 Scholar. 23 Our city of New York, our borough 24 of Brooklyn, Brooklyn College are very proud, 25 and the city and state of New York are very

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(518) 371-8910 1 proud of what Brooklyn College has been able 2 to achieve, but more so what Eugene Shenderov 3 has been able to accomplish at the very young 4 age of 21 years of age. 5 Ladies and gentlemen, I introduce 6 you to this great accomplished Rhodes Scholar, 7 if you can join me. 8 (Standing ovation.) 9 SENATOR GOLDEN: Thank you, Mr. 10 President. 11 ACTING PRESIDENT MARCELLINO: 12 Thank you, Senator Golden. 13 The resolution was previously 14 adopted. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, 17 there's another resolution at the desk that 18 was previously adopted, by Senator Fuschillo. 19 Now, this is a very special 20 resolution. And I ask that it be read at this 21 time, and then if you would recognize Senator 22 Fuschillo. 23 ACTING PRESIDENT MARCELLINO: The 24 Secretary will read the resolution. 25 THE SECRETARY: By Senator

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(518) 371-8910 1 Fuschillo, Legislative Resolution Number 5995, 2 congratulating the Merrick/North Merrick 3 Little League 9-and-10-year-old Team upon the 4 occasion of capturing the 2004 New York State 5 9-and-10-year-old Baseball Championship. 6 "WHEREAS, Excellence and success in 7 competitive sports can be achieved only 8 through strenuous practice, team play and team 9 spirit, nurtured by dedicated coaching and 10 strategic planning; and 11 "WHEREAS, Athletic competition 12 enhances the moral and physical development of 13 the young people of this State, preparing them 14 for the future by instilling in them the value 15 of teamwork, encouraging a standard of healthy 16 living, imparting a desire for success, and 17 developing a sense of fair play and 18 competition; and 19 "WHEREAS, The Merrick/North Merrick 20 Little League 9-and-10-year-old Team are the 21 New York State 9-and-10-year-old Baseball 22 Champions. They defeated South Shore of State 23 Island in the Championship Game" -- 24 ACTING PRESIDENT MARCELLINO: Can 25 we please have some silence in the chamber so

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(518) 371-8910 1 we can hear the resolution. We have people in 2 the audience who are particularly concerned 3 about this. Thank you very much. 4 The Secretary will continue to 5 read. 6 THE SECRETARY: "And Whereas, The 7 Merrick/North Merrick Little League 8 9-and-10-year-old Team are the New York State 9 9-and-10-year-old Baseball Champions. They 10 defeated South Shore of Staten Island in the 11 Championship Game on August 10, 2004, in 12 Pittsford, New York; and 13 "WHEREAS, The athletic talent 14 displayed by this team is due in great part to 15 the efforts of Manager Jason Shulman and 16 Coaches Robert Ras and Michael Serota, skilled 17 and inspirational tutors respected for their 18 ability to develop potential into excellence; 19 and 20 "WHEREAS, The team's overall record 21 is outstanding, and the team members were 22 loyally and enthusiastically supported by 23 family, fans, friends and the community at 24 large; and 25 "WHEREAS, The hallmarks of the

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(518) 371-8910 1 Merrick/North Merrick Little League 2 9-and-10-year-old Team, from the opening game 3 of the season to participation in the 4 championship, were a brotherhood of athletic 5 ability, of good sportsmanship and of honor, 6 demonstrating that these team players are 7 second to none; and 8 "WHEREAS, Manager Jason Shulman and 9 Coaches Robert Ras and Michael Serota have 10 done a superb job in guiding, molding and 11 inspiring the team members toward their goals; 12 and 13 "WHEREAS, Sports competition 14 instills the values of teamwork, pride and 15 accomplishment, and Manager Jason Shulman and 16 Coaches Robert Ras and Michael Serota and 17 their outstanding athletes have clearly made a 18 contribution to the spirit of excellence which 19 is a tradition of their community; now, 20 therefore, be it 21 "RESOLVED, That this Legislative 22 Body pause in its deliberations to honor the 23 Merrick/North Merrick Little League 24 9-and-10-year-old Team, its members -- Louis 25 Eiler, John Eyerman, Chad Fuschillo, Zachary

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(518) 371-8910 1 Goldstein, Frankie Leavey, Jordan Leopold, 2 Alex Ras, Robert Rosen, Brandon Serota, Noah 3 Shulman, and Thomas Viverito -- Coaches Robert 4 Ras and Michael Serota, and Manager Jason 5 Shulman upon the occasion of capturing the 6 2004 New York State 9-and-10-year-old Baseball 7 Championship; and be it further 8 "RESOLVED, That copies of this 9 resolution, suitably engrossed, be transmitted 10 to the Merrick/North Merrick Little League 11 9-and-10-year-old Team, Coaches Robert Ras and 12 Michael Serota and Manager Jason Shulman." 13 ACTING PRESIDENT MARCELLINO: The 14 Chair recognizes Senator Fuschillo, even 15 though this team defeated a team from my 16 district en route to the championship. 17 Senator Fuschillo. 18 SENATOR FUSCHILLO: Thank you, 19 Mr. President. We defeated a lot of teams 20 from members in this house here. 21 To say that I am delighted to rise 22 and speak about this resolution is an 23 understatement. To get up on this esteemed 24 floor and talk about a team that became state 25 champs that had my son involved is truly an

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(518) 371-8910 1 honor. 2 But this journey started back in 3 June and July, when the manager, Jason 4 Shulman, and the coaches wanted to pick 11 5 kids to compete in the Williamsport 6 9-to-10-year-old tournament just in their 7 district, District 31. They swept through 8 that undefeated. Then they went on to the 9 Long Island champs. They trounced Senator 10 Marcellino's teams in his district, and then 11 we won the Long Island champs. 12 And then Pittsford, New York, which 13 we never even heard of. And Senator Alesi's 14 district hosted the state championships. And 15 we went up there. Wappinger Falls was in the 16 tournament, Staten Island, Amherst. Tough 17 teams. 18 The first two games against 19 Wappinger Falls and Amherst, they mercy-ruled 20 them, which means if you have ten or more runs 21 and you're ahead after the fourth inning, the 22 game is over. So they were undefeated going 23 into the finals playing against Staten Island, 24 Senator. 25 (Laughter.)

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(518) 371-8910 1 SENATOR FUSCHILLO: We were down 2 5-1. I think it's man on first and second. 3 Thomas Viverito gets up -- lefty, the 4 slugger -- cracks a double in the outfield, we 5 go up. Takes the lead. It's now 7-5. We won 6 the game, we came from behind. 7 But I have to tell you something. 8 Besides outscoring all the opponents in the 9 championships 30 to 7 runs, there was a life 10 lesson learned by these young kids. And it's 11 just not about winning, although the coach is 12 really happy that we won. What I saw was 11 13 kids that regardless of whether you struck 14 out, grounded out, hit a home run -- which 15 they were very happy about -- they all cheered 16 the kids on you and said, "Don't worry, you'll 17 do better," or "You did good." They stuck 18 together. 19 And in the end, when it was all 20 over, the seven-days-a-week practices, rain or 21 shine, where the manager had them in Baseball 22 Plus in Freeport if it was raining -- he had 23 them out there. You know, him and the other 24 coaches were so dedicated. 25 In the end, after it was all over,

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(518) 371-8910 1 we hosted a luncheon for the kids to celebrate 2 this great victory. First time in 54 years in 3 the Merrick Little League that a team was in 4 this tournament and won it. 5 But the coach, the manager, Jason 6 Shulman, I think wrapped it all up when he 7 said: "While this is a great victory, and we 8 all wanted to win, all I wanted to do was play 9 ball with my kid." And I think that says it 10 all, Jason. 11 So I'm going to ask the boys to 12 stand up. And it's my great pleasure to 13 introduce you boys to this esteemed body. 14 Congratulations. 15 (Standing ovation.) 16 SENATOR FUSCHILLO: Thank you, 17 Mr. President. 18 ACTING PRESIDENT MARCELLINO: 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 if I could just comment, on behalf of Senator 22 Bruno and the entire Majority and the 23 Minority, the members of the Senate, we'd like 24 to congratulate you. 25 Now, Chad, would you mind -- Chad

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(518) 371-8910 1 Fuschillo, would you mind just standing up for 2 a moment? 3 I do that only so I can point out 4 our colleague's son. And you look at him, you 5 see a great athlete, you see a handsome young 6 man, you see a young man that does well in 7 school -- and he obviously takes after his 8 mother, Ellen, who is sitting right over 9 there. 10 (Laughter; applause.) 11 SENATOR SKELOS: Congratulations. 12 ACTING PRESIDENT MARCELLINO: 13 Senator Balboni. 14 SENATOR BALBONI: Mr. President, 15 I am thrilled to have this event occur right 16 now, for a couple of reasons. 17 First, any time anybody wins 18 something from a state perspective, it's such 19 a huge state, what an honor. What an 20 accomplishment. 21 Second, it's great to be sitting 22 here in the chamber and hear giggling. We 23 usually have some giggling here. But this is 24 where the giggling is supposed to come from, 25 the kids, who are so thrilled to be here.

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(518) 371-8910 1 It's also great to finally see that 2 in the Fuschillo family a son has some 3 athletic ability. They're thrilled about 4 that. 5 (Boos; laughter.) 6 SENATOR BALBONI: But then, you 7 know, I am also very thrilled to see -- Chuck, 8 could you imagine what your dad would be 9 saying? Two Fuschillos in this chamber today. 10 Really great. 11 Congratulations, guys. 12 (Applause.) 13 ACTING PRESIDENT MARCELLINO: 14 Senator Bonacic. 15 SENATOR BONACIC: Good afternoon. 16 You may ask why a Senator from the 17 Hudson Valley and the Catskill area would get 18 up today and honor this prestigious baseball 19 team. Well, let me just share a couple of my 20 experiences and my knowledge of your team. 21 I hang out with Senator Fuschillo 22 up here in Albany. And I want to first of all 23 congratulate the manager, the two coaches, the 24 11 young men. As far as I'm concerned, you 25 were champions when you put that uniform on.

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(518) 371-8910 1 But as a former manager and coach, 2 you get a certain thrill in working with the 3 youth. I can't tell you how we heard of every 4 game from this Senator -- not only me, but 5 other Senators -- more so than Yankee games 6 and professional baseball games. We heard 7 about the players, we heard about the scores, 8 we heard about the excitement. 9 And we were involved with your 10 baseball team, not knowing really any of the 11 players but knowing the good Senator from 12 Nassau County. 13 So I will close and say simply that 14 what you accomplished is priceless in terms of 15 your memories. You may go to high school and 16 college and never achieve the level of 17 excellence that you've achieved at the 18 9-and-10-year-old level. I hope you go on to 19 professional baseball and break all the 20 records. 21 But I say to you, cherish this 22 moment. Share it, when you're a dad, with 23 your children and when, you're a grandparent, 24 with your grandchildren. 25 Congratulations to all of you.

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(518) 371-8910 1 (Applause.) 2 ACTING PRESIDENT MARCELLINO: 3 Senator Rath. 4 SENATOR RATH: Thank you, 5 Mr. Chairman. 6 Sincerest congratulations to the 7 team who beat one of the Amherst teams. I am 8 from Amherst. My son played on one of the 9 Amherst teams. Of course, not lately; it was 10 a long time ago. 11 But, you know, we do have those 12 little rivalries. We did not have a bet on 13 that particular game, but we'll have to 14 remember in the future, if there is an 15 opportunity, we'll let you guys help make 16 suggestions about what you might want. Some 17 Buffalo chicken wings are pretty well known. 18 And I would probably manage to get a lot of 19 them sent out so that they could be enjoyed. 20 But I'd like to thank not only the 21 team but the parents and coaches, having been 22 a Little League parent manning the hot dog 23 stand and getting the equipment cleaned up and 24 all the kinds of things that all the parents 25 do. Your dads and moms are proud of all of

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(518) 371-8910 1 you, your coaches are proud of you. And we in 2 New York State are proud of you. Whether 3 you're from Amherst or from Long Island, 4 whoever the team is that wins the New York 5 State championship is number one, and we're 6 proud of you. 7 Congratulations. 8 (Applause.) 9 ACTING PRESIDENT MARCELLINO: 10 This resolution was also previously adopted. 11 Senator Skelos. 12 SENATOR SKELOS: Mr. President, 13 if we could go to the noncontroversial reading 14 of the calendar. 15 ACTING PRESIDENT MARCELLINO: The 16 Secretary will read the noncontroversial 17 calendar. 18 THE SECRETARY: Calendar Number 19 72, by Senator Little, Senate Print 730, an 20 act to amend the General Municipal Law, in 21 relation to the procurement. 22 ACTING PRESIDENT MARCELLINO: 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT MARCELLINO: 5 Senator Hassell-Thompson, to explain your 6 vote. 7 SENATOR HASSELL-THOMPSON: To 8 explain my vote. 9 In 2002, when this bill came before 10 the Senate chambers, I voted no. And I seem 11 to have been the only person at that time who 12 did so. And it seems that today I will 13 continue to be the only person that will vote 14 no. 15 I continue to be concerned that -- 16 with the process of bidding. And too often 17 the opportunity for minorities and women to 18 get into the bid process is so tenuous that to 19 allow a continuance or a piggyback, as this 20 bill is called, I think would lend itself to 21 the inability for such contractors to get into 22 the process. 23 Therefore, I will continue to vote 24 no. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Senator Hassell-Thompson will be recorded in 2 the negative. 3 Announce the results. 4 THE SECRETARY: Ayes, 59. Nays, 5 1. Senator Hassell-Thompson recorded in the 6 negative. 7 ACTING PRESIDENT MARCELLINO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 87, by Senator Maziarz, Senate Print 2155, an 11 act to amend Chapter 135 of the Laws of 1998 12 amending the Workers' Compensation Law. 13 ACTING PRESIDENT MARCELLINO: 14 Last section, please. 15 THE SECRETARY: Section 4. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MARCELLINO: 18 Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT MARCELLINO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 88, by Senator Maziarz, Senate Print 2173, an 25 act to amend Chapter 491 of the Laws of 1995

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(518) 371-8910 1 amending the Workers' Compensation Law. 2 ACTING PRESIDENT MARCELLINO: 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MARCELLINO: 7 Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 60. 10 ACTING PRESIDENT MARCELLINO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 101, by Senator Balboni, Senate Print 935, an 14 act to amend the Civil Rights Law, in relation 15 to confidentiality. 16 ACTING PRESIDENT MARCELLINO: 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MARCELLINO: 21 Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 60. 24 ACTING PRESIDENT MARCELLINO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 119, by Senator Little, Senate Print -- 3 SENATOR SKELOS: Lay it aside for 4 the day, please. 5 ACTING PRESIDENT MARCELLINO: Lay 6 the bill aside for the day. 7 THE SECRETARY: Calendar Number 8 122, by Senator Robach, Senate Print 1920, an 9 act to amend the Civil Service Law and the 10 State Finance Law, in relation to reporting. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section. 13 THE SECRETARY: Section 6. This 14 act shall take effect on the 90th day. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 132, by Senator Libous, Senate Print 1818, an 23 act to amend the Mental Hygiene Law, in 24 relation to directing the State Commission on 25 Quality of Care.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 4. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 134, by Senator DeFrancisco, Senate Print 567, 13 an act to amend the Village Law, in relation 14 to village officers. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 136, by Senator Little, Senate Print 724, an 2 act to amend the Town Law, in relation to 3 authorizing the designation. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 139, by Senator LaValle, Senate Print 1353, an 16 act to amend the General Municipal Law, in 17 relation to allowing. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 141, by Senator LaValle, Senate Print 1391, an 5 act to amend the Town Law, in relation to 6 permitting fire districts. 7 ACTING PRESIDENT MARCELLINO: 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MARCELLINO: 12 Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 144, by Senator Marcellino, Senate Print 679, 19 an act to amend the Navigation Law, in 20 relation to providing an exemption. 21 ACTING PRESIDENT MARCELLINO: 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 197, Senator Johnson moves to 8 discharge, from the Committee on Finance, 9 Assembly Bill Number 552 and substitute it for 10 the identical Senate Bill Number 552, Third 11 Reading Calendar 197. 12 ACTING PRESIDENT MARCELLINO: The 13 substitution is ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 197, Assembly Budget Bill, Assembly Print 17 Number 552, an act making appropriations for 18 the legal requirements of the state debt 19 service. 20 ACTING PRESIDENT MARCELLINO: 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MARCELLINO: 25 Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 60. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 Senator Skelos, that completes the 6 noncontroversial reading of the calendar. 7 SENATOR SKELOS: Is there any 8 further business to come before the Senate? 9 ACTING PRESIDENT MARCELLINO: The 10 house is clean. 11 SENATOR SKELOS: There being no 12 further business to come before the Senate, I 13 move we stand adjourned until Wednesday, 14 March 9th, at 11:00 a.m. 15 ACTING PRESIDENT MARCELLINO: On 16 motion, the Senate stands adjourned until 17 Wednesday, March 9th, at 11:00 a.m. 18 (Whereupon, at 3:48 p.m., the 19 Senate adjourned.) 20 21 22 23 24 25

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(518) 371-8910