Regular Session - March 24, 2003
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 24, 2003
3:33 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone to please rise and
repeat with me the Pledge of Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: With us this
afternoon to give the invocation is the
Reverend Peter G. Young, from Blessed
Sacrament Church in Bolton Landing, New York.
Reverend Young.
REVEREND YOUNG: Thank you.
Let us pray.
Dear God, we watch our media record
instances of pain and suffering and gather
today to pray for our troops and for their
safety.
These instances will be remembered
and recorded in our brain as grief
experiences. But we turn to You, O God, for
Your mercy and Your love to get us through
these difficult days.
With the hope of victory and peace,
it is a time of national unity as we pray for
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those that are serving our country. And we
ask especially for those in Your name serving
in the New York State National Guard units
that have been called and activated to this
call of duty. We ask a blessing upon them and
a dedication of our Lord.
Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Sunday, March 23, the Senate met pursuant to
adjournment. The Journal of Saturday,
March 22, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
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Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
On behalf of Senator LaValle, on
page 17 I offer the following amendments to
Calendar Number 151, Senate Print Number 924,
and ask that said bill retain its place on
Third Reading Calendar.
THE PRESIDENT: The amendments
are received, Senator, and the bill will
retain its place on the Third Reading
Calendar.
Senator Fuschillo, you have more?
SENATOR FUSCHILLO: Madam
President, just one more.
On behalf of Senator Padavan, on
page number 12 I offer the following
amendments to Calendar Number 19, Senate Print
Number 18, and ask that said bill retain its
place on Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
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President.
On behalf of Senator Maltese, Madam
President, I move that the following bills be
discharged from their respective committees
and be recommitted with instructions to strike
the enacting clause: Print Number 82, Print
Number 670, and Print Number 1112.
THE PRESIDENT: So ordered,
Senator.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Veterans, Homeland Security and Military
Affairs Committee in the Majority Conference
Room.
THE PRESIDENT: There will be an
immediate meeting of the Veterans, Homeland
Security and Military Affairs Committee in the
Majority Conference Room.
SENATOR SKELOS: And at this time
if you could, under privileged resolutions,
call up Senator Spano's resolution, 878, and
have it read in its entirety.
THE PRESIDENT: The Secretary
will read.
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THE SECRETARY: By Senator Spano,
Legislative Resolution Number 878,
congratulating the Dobbs Ferry High School
Football Team and Coach Frank Violante upon
the occasion of capturing the Class D State
Championship.
"WHEREAS, Excellence and success in
competitive sports can be achieved only
through strenuous practice, team play and team
spirit, nurtured by dedicated coaching and
strategic planning; and
"WHEREAS, Athletic competition
enhances the moral and physical development of
the young people of this state, preparing them
for the future by instilling in them the value
of teamwork, encouraging a standard of healthy
living, imparting a desire for success, and
developing sense of fair play and competition;
and
"WHEREAS, The Dobbs Ferry Football
Team are the Class D State Champions; and
"WHEREAS, The Dobbs Ferry Football
team made a 37-yard field goal with 10 seconds
to play in regulation, which led to an
emotional 38-35 victory over Dolgeville High
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School in the Class D State Title game at the
Carrier Dome in Syracuse, New York; and
"WHEREAS, The athletic talent
displayed by this team is due in great part to
the efforts of Coach Frank "Skip" Violante, a
skilled and inspirational tutor, respected for
his ability to develop potential into
excellence; and
"WHEREAS, The team's overall 12-0
record is outstanding, and the team members
were loyally and enthusiastically supported by
family, fans, friends, and the community at
large; and
"WHEREAS, The hallmarks of the
Dobbs Ferry Football Team, from the opening
game of the season to participation in the
championship, were a brotherhood of athletic
ability, of good sportsmanship, of honor and
of scholarship, demonstrating that these team
players are second to none; and
"WHEREAS, Athletically and
academically, the team members have proven
themselves to be an unbeatable combination of
talents, reflecting favorably on their school;
and
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"WHEREAS, Coach Frank Violante has
done a superb job in guiding, molding, and
inspiring the team members toward their goals;
and
"WHEREAS, Sports competition
instills the values of teamwork, pride, and
accomplishment, and Coach Frank Violante and
his outstanding athletes have clearly made a
contribution to the spirit of excellence which
is a tradition of their school; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate the Dobbs Ferry Football Team,
its members -- Rich Burke, Brendan Centrillo,
Zach Connett, Oliver Dobbs, Brian Farrington,
Frank Farrington, Kevin Farrington, Ed Fucci,
Dan Gardner, Vinny Garofalo, Anthony Goodwin,
Nathaniel Greenstein, Mickey Johnson, Chris
Jones, Danny Juvan, George Kalaba, Mark
Kalaba, Joe Kay, George Keiling, Brian Kim,
Andrew Lavaia, Anthony Lifrieri, Brian
McMillan, Danny Patterson, Mike Paul, Pete
Riley, Nolan Ritch, Paul Scattaretico, Eric
Sitman, Nick Skulstad, Elliot Smith, Mike
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Steinschneider, Bobby Stutz, and Anthony
Tompkins -- Assistant Coaches Jamie Block and
Jim Lindsay, and Coach Frank Violante on their
outstanding season and overall team record;
and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the members of the Dobbs Ferry Football
Team, Assistant Coaches Jamie Block and Jim
Lindsay, and Head Football Coach Frank
Violante."
THE PRESIDENT: Senator Spano.
SENATOR SPANO: Thank you, Madam
President and fellow members.
It's my pleasure to welcome the
Dobbs Ferry High School Football Team to the
chamber today. They've been on a hectic
schedule visiting the Capitol, visiting with
the Assembly, and having -- will have an
opportunity to visit with the Governor in a
few moments.
And I know they're on a tight
schedule, but I'm glad that we were able to
hear the reading of that full resolution and
to acknowledge -- and I will make sure that
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I -- when I see Jim Seward, Senator Seward, to
make sure that he gets a little jealous with
the fact that it was the Dolgeville Football
Team from Little Falls, Herkimer County, that
the Dobbs Ferry High School team did defeat to
become the state champs.
We're proud of you, we're proud of
all of the young people who are here today.
We thank the parents who are here with them,
and all of your parents who do a tremendous
job, the coaches for the support that you
continue to give to this team. You make us
proud in Westchester County.
So, Madam President, please welcome
this team. And I'm very happy to be the
author of this resolution today.
THE PRESIDENT: The question is
on the resolution. All in favor signify,
please, by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
On behalf of the Senate, I wish you
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congratulations and continued success in all
your endeavors. Have a good celebration.
(Applause.)
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
there's a privileged resolution at the desk,
879, by Senator Leibell. Could we have the
title read and move for its immediate
adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Leibell, Legislative Resolution Number 879,
commending Mike McDonough upon the occasion of
his designation for special recognition after
30 years of dedicated service to the Knights
of Columbus, Our Lady of the Lakes Council,
Number 6318.
THE PRESIDENT: All in favor
please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
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Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial reading
of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
132, by Senator Seward, Senate Print 2356, an
act to amend the Insurance Law, in relation to
authorizing insurers.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
182, by Senator Morahan, Senate Print --
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
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183, by Senator LaValle, Senate Print 282, an
act to amend the Domestic Relations Law and
the Family Court Act, in relation to the
visitation rights of great-grandparents.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Montgomery recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
184, by Senator Skelos, Senate Print 1022, an
act to amend the Social Services Law, in
relation to the charging of a fee.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
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(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
187, by Senator Farley, Senate Print 1532, an
act to amend the Education Law, in relation to
authorizing the State University trustees.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of April.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
210, by Senator LaValle, Senate Print 298, an
act to amend the Education Law, in relation to
the unlawful sale of dissertations.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
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act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
216, by Senator Seward, Senate Print 2870A, an
act to amend Chapter 65 of the Laws of 1998
amending the Insurance Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Madam President,
if we could go to Senator Morahan's bill,
which is the only bill on the controversial
calendar.
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THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
182, by Senator Morahan, Senate Print 207, an
act to amend the Family Court Act, in relation
to authorizing restitution.
SENATOR PATERSON: Explanation.
THE PRESIDENT: Senator Morahan,
an explanation has been requested.
SENATOR MORAHAN: Yes, Madam
President.
This bill would allow a court to
assess damages to a child over 10 years of age
for personal damage or physical damage to a
victim of their misconduct.
Currently the court allows the
judge to assess up to $1,500 for property
damage, but there's no consideration of any
physical damage to the victim.
This would allow the judge, at his
discretion or her discretion, to assess up to
$1,500 for the teeth, glasses, or something of
that nature. The thinking being that you can
pay for the picket fence, but you can't pay
for the teeth.
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So I think this is just a matter of
fairness.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 182 are
Senators Duane, Montgomery, Parker, and
Paterson. Ayes, 56. Nays, 4.
THE PRESIDENT: The bill is
passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to reports of standing
committees, I believe there's a report of the
Veterans, Homeland Security and Military
Affairs Committee at the desk. I ask that it
be read.
THE PRESIDENT: The Secretary
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will read.
THE SECRETARY: Senator Balboni,
from the Committee on Veterans, Homeland
Security and Military Affairs, reports the
following bills:
Senate Print 3283, by Senator
Balboni, an act to amend the Economic
Development Law;
3284, by Senator Little, an act to
amend the Public Service Law;
3285, by Senator Golden, an act to
amend the Military Law;
3286, by Senator Robach, an act to
amend the Military Law;
3287, by Senator Flanagan, an act
to amend the Military Law;
3288, by Senator Leibell, an act to
amend the Military Law;
And Senate Print 3289, by Senator
Larkin, an act to amend the Military Law.
All bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, all bills reported directly to
third reading.
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Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time return to motions and
resolutions. And I believe that I have a
privileged resolution at the desk. I would
ask that it be read in its entirety and move
for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 902, expressing
support, on behalf of the people of the State
of New York, of the courageous members of the
United States Armed Services serving in
Operation Iraqi Freedom.
"WHEREAS, Throughout the proud
history of our republic, the Armed Forces of
the United States of America have stood as a
bulwark against threat, foreign or domestic,
to the democratic principles upon which our
great nation was founded, and have never
hesitated to heed their country's call; and
"WHEREAS, Today, that call is being
answered once again by the men and women of
the United States Army, Navy, Air Force, and
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Marine Corps, both active duty and reserve,
and the National Guard, many New Yorkers among
them, who are serving in Operation Iraqi
Freedom; and
"WHEREAS, As our nation begins a
hopefully brief period of armed conflict,
bringing American military force to bear to
preserve world order and our national
interests, this Legislative Body, representing
the people of the State of New York, is deeply
moved to express its support of the courageous
members of the United States Armed Services
serving in Operation Iraqi Freedom; and
"WHEREAS, Though in this state and
nation, where belief in the treasured
principles of freedom of speech and freedom of
the thought is fundamental, people may differ
in opinion and purpose, now is a time to come
together and stand up in support of the
hundreds of thousands of American men and
women who have traveled to the far corners of
the globe to protect and preserve freedom and
democracy against tyranny and oppression,
under the most inhospitable conditions; and
"WHEREAS, The freedoms and security
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we cherish as Americans come at a very high
price for those serving in the military in
times of conflict, it is fitting and proper
that we who are the beneficiaries of those who
risk their lives, leaving their families
behind, express our appreciation and eternal
gratitude for their sacrifices and courageous
acts; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to salute and
pay tribute to the brave men and women of the
United States Armed Services who are serving
in Operation Iraqi Freedom, recognizing and
applauding their courage and steadfast
dedication; and be it further
"RESOLVED, That this Legislative
Body pause further in its deliberations to
express its profound and heartfelt prayers for
their safe return to their loved ones and a
grateful nation."
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Thank you, Madam
President and colleagues.
The United States is facing
difficult challenges abroad and here in the
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United States. And as is outlined in this
resolution, we here are really paying tribute
to those men and women who put their lives on
the line so that we can be free as we are
here, and as people are throughout New York
State, throughout the United States and in the
free world.
Every day we're watching the news.
Pretty tragic, pretty horrific. But they have
left their families and they have volunteered,
many of them, to go, to do what they think is
right. We in this house will be passing bills
this week to support them, to support their
families.
And all of us can just gather and
collect ourselves in thought and in prayer on
their behalf and on behalf of their families.
Because every day, every minute, every hour
that they are somewhere out there, they put
themselves in harm's way.
And you think about the families
who know their loved ones are there, when they
watch the news, not being able to recognize
what is going on. All we can do is be
thoughtful and mindful of the pain that
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they're feeling.
Here in the chamber, Senator
Little's son, David -- Lieutenant Commander
David Little, is there. And Betty may speak
to the resolution, but I have a picture of her
son taking off from a carrier. And when he
had talked to his mom, he had 15 hours the
last several days in the air. And this plane
is armed.
And we can only empathize when you
think in terms of what goes on in these young
people's minds that are there when they
repeatedly do what it is that they're trained
to do and they're willing to do.
And for what purpose? To free
people so that we here be can be free and
express ourselves as we do across this great
country of ours, in whatever way you see fit,
for what's going on, against what's going on.
It's free will, free spirit, the American way.
So we're indebted. There's also,
on Betty's staff, on active reserve,
Lieutenant Commander Paul Meroon, who's on
staff with you and has been called up.
I know there are other members that
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have family and that have staff that are there
or on their way there. So we thought it was
appropriate and proper that we just pause here
as we deliberate what goes on in our lives,
somewhat routinely, just to recognize that
these are not normal times, they're not
routine times.
These times are different. And
they're different for everyone here in this
state, in this country, and really in the
world.
So we keep them in our thoughts and
we keep them in our prayers.
Thank you, Madam President.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, when the president's deadline came
and passed without any adherence on the part
of the Iraqi government, and we first watched
the first couple of days of the war, it almost
looked surreal -- cameras planted on the sites
where bombs were considered to be dropped, and
media members seemingly everywhere, even in
the conflict.
But then this weekend, through the
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same television sets that we saw that, we
found out that it really was a war: the
bloodied bodies of the injured, the deaths.
We already have families that have lost troops
in Operation Iraqi Freedom. And we have
prisoners of war being treated who knows how
inhumanly right now, prisoners in Iraq.
We've seen the Iraqi government's
bold disregard for its own citizens by
disguising some of their troops as civilians
and then attacking the allied forces. We've
seen the attempt to camouflage, raising the
American flag as if there was peace and then
attacking our soldiers again.
And we know how terrible and tragic
war really is. War really is hell.
And in spite of the disagreements
as to whether or not we should be there and
even continuing disagreements as to whether or
not we should stay there, we are there. And
our children and our family members are
fighting for what is our government policy.
And it is tremendous that we would
have this resolution today. I support the
Majority Leader and admire that the Majority
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Leader, on almost every occasion of any type
of national awareness, that this chamber has
paused and recognized it.
Because outside of the legislative
duties that we perform that are important to
the State of New York, there's a greater
national importance of the fact that we are in
this conflict.
When these troops return, whenever
they return -- and hopefully soon -- to our
shores, they're going to need many types of
assistance. We don't want to see happen what
happened to those who served our country in
Vietnam, who came back and couldn't get the
right healthcare services, couldn't get mental
health counseling, leading to one of the
highest suicide rates in that population -- so
formidable that it's not even known nationally
how bad it actually was. Substance abuse and
other addictions to pain medication that they
suffered. No real opportunity for employment
for those who were injured or disabled.
We can't let that happen. Our
support has got to be for our troops -- not
only when they're fighting, but to them and
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their families when they come back to the
United States at the end of this conflict.
So speaking on behalf of those here
on the other side of the aisle, this is not a
Republican nor a Democratic concern, it's a
human concern. And all of us in this chamber,
and staff and those who work here in the
Capitol, share it.
THE PRESIDENT: Senator Little.
SENATOR LITTLE: Thank you.
Thank you, Senator Bruno and Senator Paterson
and all of my colleagues for this resolution
of support.
These are difficult times. And in
many ways, for me, it is very surreal to turn
on the television and know that one of my six
children is very involved in this whole
process on a daily basis.
But let me tell you a bit about my
son, if I may. Because I think he typifies
all of the men and women who are over serving
our country.
He e-mailed us in early August when
he first got to Iraq, in the Persian Gulf --
he's on the carrier The Abraham Lincoln -- and
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he spoke about how he missed his two little
boys and his wife, but that he really
understood the need for his contributions and
that how he was there helping to preserve the
freedom which made this country the greatest
country in the world and the envy of every
other country.
And also let me tell you about the
12 pilots in his squadron. On their arm, they
are each wearing a patch, because they have
dedicated their mission to Engine Company 54
of New York City, the fire department that
lost 15 in the World Trade Center.
They have not forgotten why they
are there. They have not forgotten the reason
for what they are doing and why there is a
need to do it.
It's a time for all of us to raise
our voices and our prayers in support of them
and for all that they are doing and to pray
that this whole conflict ends quickly and that
they all come home safely, as well as to give
sympathy to all of those who have already lost
their lives. It's someone's son, someone's
daughter, someone's parent, sibling, and
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friend. And for that we are all in sympathy.
Thank you.
THE PRESIDENT: Senator Hoffmann.
SENATOR HOFFMANN: Thank you,
Madam President.
It's difficult to follow the
eloquence of Senator Little or our
distinguished Korean War veteran leader,
Majority Leader Bruno. But every one of us,
in our own personal way, has experienced that
sense of panic and fright in suddenly learning
that someone we know has been activated.
In the Syracuse area, virtually
every branch of the service has had guard and
reservists called to active duty. Plus we're
very close to Fort Drum, up the street, in
Senator Wright's district, and we know many of
those soldiers who have been called out in
repeated waves to go overseas.
And we know the families who are
left behind. We understand that many of them
are struggling financially; many of them are
dealing with their own personal anguish and
uncertainty about what the future holds.
There are things that we can do as
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individuals and there are things we can do as
elected officials. And I'm proud that in this
chamber today we are doing both.
Everyone here I'm sure understands
that we have a larger responsibility, because
we are elected officials and we help to
symbolize the greatness of this freedom, this
freedom that so often is taken for granted by
other people but, as we well know, is the envy
of every other country. And it is this great
freedom that has been so resented in one
country that would deny freedom to all other
people that they sought to even destroy our
freedom.
This freedom must be protected at
all costs. It has to be protected and
respected here at home as well.
So we will each have an opportunity
to do things and to reassure our constituents,
those left waiting for those who serve as well
as those who are serving, that we thank them
and we respect them while they protect our
freedom.
THE PRESIDENT: Senator Diaz.
SENATOR DIAZ: Thank you, Madam
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President.
Let me tell a story of my
childhood. When I was few years old, my
brother, my older brother was serving in the
Korean conflict. I was about 3 or 4 years old
when he came back to Puerto Rico. And I
remember, I remember how the people in my
hometown, and in Puerto Rico, they lined up
throughout the streets to receive those men
that fought in the Korean conflict. They
receive a hero's welcome.
So that, that impact me so much
that I -- into my mind I say I will be like my
brother, and one day I will serve my country.
And I will be a hero like him.
Then, when I became 18 years old, I
joined, voluntarily, the Army during the
Vietnam conflict. And I proudly put on my
uniform, and I left Puerto Rico to be like my
brother.
Later I know, later I knew that
people in America treat us like criminals.
And they make us feel shameful. Many of us
took -- many of those -- some of them, they
took their lives. And some of us became
1285
messed up, using drugs and doing all kind of
things.
Because people in America, people
in this country, like Jane Fonda and others,
they made us feel bad and shameful and treated
us like criminals.
I'm proud that Senator Bruno is
introducing this resolution, because we have
to be sure that the situation in which we,
during the Vietnam era, went through, these
troops, these heroes, men and women that are
now defending this country and defending the
right for us to protest in favor or against,
that they -- when they come back, they are
received like heroes, like my brother was
received during the Korean conflict.
Senator Bruno, thank you. Thank
you. Because I don't want for these men and
women to go through what I went through. I
had to hide. When I came back to Puerto Rico,
I was hiding. I was hiding with my uniform,
because there were people here in this country
treating us like criminals.
And there are some that are still
treating the men and women in uniform like
1286
criminals today. I want to -- I would love to
stop an end to this, the Jane Fondas of today
and those men and women.
And to you, Senator, I honor you.
And I wish and I pray that your son comes back
home safe.
Thank you, Senator Bruno. I'm
proud to support this resolution. And I hope
that everyone here does the same thing. And
we get ready, when they come back home, we
receive them like heroes, like they deserve to
be received.
Thank you.
THE PRESIDENT: Senator Balboni.
SENATOR BALBONI: Just very
quickly, isn't it amazing when the challenge
comes we realize that what divides us is so
much smaller than what we first thought?
All of us are in this because of
who we know, what is at stake and what roles
we can play. I just think, Senator Bruno,
it's amazing that you present this resolution
today. It's perfect. Because it's not when
we've won, it's not when the going is easy, it
is when it is hardest.
1287
And that is our challenge. It's so
easy to watch television when things are going
well. But a time comes when it gets tough.
And that's where we are right now. In some
segments of this world we are very unpopular.
But it's our resolve now to continue to
support the troops in the harder times when
it's going to be so incredibly important.
I'm very honored to support the
resolution. Thank you.
THE PRESIDENT: Senator Larkin.
SENATOR LARKIN: Thank you, Madam
President.
I thank our leader for putting this
resolution on the floor. You know, it's easy
to stand back and take a potshot or be not
commendable when we talk about war. But let's
be realistic about it. These are our men,
these are the Americans, these are men who
volunteered.
UNIDENTIFIED SENATOR: And women.
SENATOR LARKIN: You didn't let
me finish.
These are the men and women --
yesterday, one was a woman who was down and
1288
said dead.
But let's remember that, you
know -- some of you can and some of you can't
remember Korea and Vietnam, where we came home
and we were ignored. We were told not to
travel except in civilian clothes because
people didn't want us.
Our leader served in the 35th
Infantry, the Cacti. Some of the times he was
there was some of the toughest fighting we
did.
But this has got to be from the
heart, not just from the floor of the State
Legislature. And not just for here in Albany,
but it's for back home. Because the parents
and loved ones of our servicemen and women are
going to look at us, at our actions, not just
our words.
The tent that was devastated
yesterday, the commanding general of the 101st
Airborne, his parents are my neighbors. He's
a graduate of the United States Military
Academy, Cornwall High School.
The officer that was killed was his
aide. Because he was concerned that his aide
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wasn't getting enough rest, he said: "Stay
here, I will go to the meeting. I don't need
anybody." Maybe if he'd taken that aide with
him, he'd be alive today.
But we heard from our colleague
Betty Little talking about it, closer to this
than anybody else.
And, yes, some of the papers around
the state dissed me for my comments. I'll
never take the uniform off. I did it for 23
years because I loved it. And I love today
when I hear from some of the men that I served
with, and women, their children who are in the
armed forces.
This force that we have and we're
honoring are all volunteers. There was no
draft. They made their own decisions.
Because, number one, they love this country
more than anything else in the world. And
they want to be there to be saying to
everybody that "I was part of the force that
preserved freedom."
I saw a sign yesterday on a lawn in
my district, and it said: "Mr. President and
members of the Armed Forces, I thank you for
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your efforts to preserve my freedoms and my
rights as an American citizen."
A week from Wednesday, members of
the United States Military Academy will visit
us. Those of you who remember two years ago,
some of those -- most of those cadets are in
harm's way. One was killed last week.
Ladies and gentlemen, the
resolution is a piece of paper. But if you
can't stand tall and adhere to what we're
saying, it's tough. It's tough on the
families. It's tough on the families because
they look at us and say: You are the duly
elected officials of our state. We expect you
and the Congress to stand tall and support us
to ensure the safe return of our men and
women.
May God bless our country and our
servicemen.
THE PRESIDENT: Senator Golden.
SENATOR GOLDEN: Thank you, Madam
President.
Senator Bruno, Senator Paterson,
Senator Little, you're right: there is no
Democratic or Republican way, there's only the
1291
American way to support our troops that are in
harm's way.
And this state has thousands,
thousands today in harm's way. We've seen
police officers, firemen, nurses, and
construction workers and families pulled apart
for these troops, men and women, to go into
harm's way.
And I congratulate Senator Balboni,
the chairman of the Veterans Committee, for
coming up with these round of bills that will
assist those vets, those families that are in
need.
It is important that we come
together and support these bills and get these
bills passed when they come to the floor so
that we can give support to these families.
We had, yesterday, 1500 people in
Staten Island and a thousand people in
Times Square. And on April 6th, in my
community, we hope to have thousands more
outside Fort Hamilton Army Base supporting our
troops and our families.
I see in the audience upstairs the
Knights of Columbus who have supplied, for me,
1292
the honor guards and the pipers to play at
these different events. The Supreme Director,
Robert Fallon, and the rest of the Knights of
Columbus from around the state, I thank you
for being part of this.
I thank all of this body for being
part of this. It is time for all of us to
rally in our communities, to find out those
vets who are in trouble, to find out who needs
help from those families so that we can supply
that help into those families and that we can
do, yes, do the American thing.
And, yes, support Senator Little
and support her family and to let her know
that her boy is doing the right thing for this
country and that we will be there to support
her and others that will need our support.
Thank you, Senator Bruno, for
putting this resolution in today. Thank you
for stepping up and doing the right thing.
THE PRESIDENT: The question is
on the resolution. All in favor please
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
1293
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
I'm proud of my colleagues in the Senate, and
I am proud to ask that all of their names be
added to this resolution. And if anyone would
prefer not, would you please just let the desk
know at your leisure.
Thank you very much.
THE PRESIDENT: Thank you,
Senator Bruno.
Any member who does not wish to
sponsor this resolution, please notify the
desk.
Senator Morahan, do you wish to be
heard?
SENATOR MORAHAN: I believe it's
a moment too late. I wanted to speak on the
resolution.
I also wanted to congratulate --
THE PRESIDENT: You may proceed
on the resolution, Senator.
SENATOR MORAHAN: I also wanted
1294
to congratulate Senator Bruno, fellow Korean
War veteran, on the resolution today.
World War II, the folks who were
there then and those who were home we call the
"Greatest Generation." We did that because we
were a united country against a common enemy.
The Korean War, we were considered
the forgotten war. Because we went, we
served, came home, went back to work, got
married, raised the kids, paid the mortgage,
the rent, whatever it may be.
The Vietnam War, as was just
pointed out, was a different type of war.
They weren't forgotten, they were remembered,
but they were remembered in a most unsavory
way. They were young people who went off,
58,000 who were killed, 2,800 who are still
missing.
And those who came back were
abused, abused because people in this country
didn't agree with the policy of many
administrations, several administrations, of
why those young people were put in harm's way.
We have to make that distinction.
I want this to be the greatest generation,
1295
both here at home and on the front. Those who
would defend our young people, and our young
people out there, men and women who are
defending us -- and we say all of us know
someone. We know them all.
They were the young lady or young
man who grew up down the block or across the
hall. They're the youngsters who went to
school with our children. They're the young
man or the young woman, married, with a
family, who volunteered in the National Guard
or some reserve position, ready to go if
called. And they were called.
These are our people. They're in
harm's way fighting a regime of evil, one that
this world will be better off without.
And I stand in support of the
resolution and in support of all of my
colleagues who I know, notwithstanding
politics, will support this resolution which
supports our defenders and the defenders of
freedom.
Thank you very much, Madam
President.
THE PRESIDENT: Thank you,
1296
Senator Morahan.
Senator Bruno.
SENATOR BRUNO: Is there any
housekeeping at the desk, Madam President?
THE PRESIDENT: Yes, there is.
SENATOR BRUNO: Can we take that
up at this time.
THE PRESIDENT: Senator Balboni
first.
SENATOR BALBONI: Yes, Madam
President.
I'd like to offer the following
amendments to my bill, Calendar Number 291,
Senate Print Number 3283, and ask that the
retain its place on the Third Reading
Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR BALBONI: Thank you.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Would you please
recognize Senator Schneiderman.
THE PRESIDENT: Senator
Schneiderman.
1297
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
I believe there's a motion at the
desk. I would request that you waive the
reading and that I be heard on the motion.
THE PRESIDENT: You may proceed,
Senator. The reading is waived, hearing no
objection.
SENATOR SCHNEIDERMAN: Thank you.
This is a motion to bring a bill to
the floor to raise the minimum wage in
New York State from $5.15 an hour to $6.75 an
hour.
And I really think that it's
appropriate that it follows the resolution we
just passed, because tens of thousands of our
troops who are serving now in the current
conflict will return to the state of New York
and be employed in minimum-wage jobs.
And I would urge everyone that a
full-time employee working at the current wage
of $5.15 an hour would make $10,700 a year.
And it is not a family-supporting wage.
And that we should not expect
anyone, but particularly the men and women who
1298
are putting themselves in harm's way to defend
their country, to come home and work a
full-time job, stay out of trouble, and be
expected to support a family on $10,700 a
year.
For three years, the Assembly has
passed bills to raise the minimum wage in the
state of New York. And we often are critical
of the other house. But on this issue, our
house is the obstacle to progress.
We can raise the minimum wage and
immediately benefit 800,000 New Yorkers and
their families if we pass this bill. We've
had bills introduced here, they have died in
the Senate each of the last three years.
And I think this is very much a
piece of legislation that sends a message to
the world about what kind of a society we in
the New York State Senate believe we should
have.
The state of New York currently has
the widest gap between rich and poor in the
country. We're out in the rest of the world
trying to defend freedom, trying to send
people a message that everyone is created
1299
equal, and yet we have a 24 percent poverty
rate in the city of New York and a 17 percent
poverty rate in the state of New York. Many
of those people are working poor.
We cannot tell people to get out of
trouble, stay out of jail, work full-time,
raise a family, and then expect them to do it
on $10,700 a year.
I think this is a critical piece of
legislation. I realize that there's a remote
possibility that our motion to bring the bill
to the floor today will not prevail. But I
would urge all of my colleagues on the other
side of the aisle as well, where I know this
legislation has significant sympathy, let's do
something for the working men and women of
this state this year.
Let's raise the minimum wage.
Let's follow many states around New York --
Vermont, Connecticut, Massachusetts, all of
whom have taken action on this.
Let's make this a better place to
live. Let's put money in the pockets of those
who need it most. And let's make sure that no
veteran of the current conflict comes home and
1300
is expected to support a family on $10,700 a
year.
I urge that the motion be brought
to the floor, that everyone here vote in favor
of it, and that we move this piece of
legislation without further delay.
Thank you, Madam President.
THE PRESIDENT: Those Senators in
agreement with the motion to petition out of
committee please signify by raising your hand.
THE SECRETARY: Those Senators in
agreement are Andrews, Breslin, Brown, Diaz,
Dilán, Duane, L. Krueger, Lachman, Montgomery,
Onorato, Parker, Paterson, Sabini,
Schneiderman, A. Smith, Stachowski, and
Stavisky.
THE PRESIDENT: The petition is
lost.
Senator Skelos.
SENATOR SKELOS: Madam President,
there being no further business, I move that
the Senate stand adjourned until Tuesday,
March 25th, at 3:00 p.m.
THE PRESIDENT: On motion, the
Senate stands adjourned until Tuesday,
1301
March 25th, 3:00 p.m.
(Whereupon, at 4:35 p.m., the
Senate adjourned.)