Regular Session - April 2, 2003
1595
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 2, 2003
11:15 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
1596
P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present 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
morning to give the invocation is Father Edson
J. Wood, O.S.A, with the United States Corps
of Cadets. He's their chaplain, at Most Holy
Trinity Chapel in West Point.
CHAPLAIN WOOD: Before we pray,
I'd ask you to join me in a moment of silence
as we remember our uniformed men and women
throughout the world who are in harm's way
today.
(Whereupon, the assemblage
respected a moment of silence.)
CHAPLAIN WOOD: May we pray.
Almighty God, we pray You to guide
this great state and those who lead it, defend
our liberties always, preserve our unity, save
us from violence and discord, from pride and
1597
arrogance. Give Your spirit of wisdom to all
whom we entrust with authority over us.
Look with Your generous bounty on
West Point, which is to be honored here today.
Let her remember that her mission of "duty,
honor, country" is not a way of looking only
at certain things, it is a certain way of
looking at everything. We pray You make all
who are associated with her into men and women
for whom "duty, honor, country" becomes and
remains a way of life.
Our prayer this day comes from
hearts that are open to You, eternal God, and
we ask these things in Your name, which is
mighty.
May we all say amen.
ALL: Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Tuesday, April 1, the Senate met pursuant to
adjournment. The Journal of Monday, March 31,
was read and approved. On motion, Senate
adjourned.
THE PRESIDENT: Without
1598
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.
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe that there is a privileged
resolution at the desk by Senator Larkin. 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
Larkin, Legislative Resolution Number 1047,
memorializing Governor George E. Pataki to
proclaim April 2, 2003, as "West Point Day" in
New York State.
"WHEREAS, This Legislative Body is
justly proud to celebrate the establishment of
1599
the United States Military Academy at
West Point and to call upon Governor George E.
Pataki to proclaim April 2, 2003, as
'West Point Day' in the State of New York; and
"WHEREAS, By an act of Congress, on
March 16, 1802, the United States Military
Academy was established within the borders of
New York State, on the banks of the Hudson
River; and
"WHEREAS, The Academy and its
graduates are an integral part of the proud
history of this State and Nation; and
"WHEREAS, The leadership and
sacrifices of the members of the Long Gray
Line have helped this country withstand
countless threats to our cherished democratic
way of life; and
"WHEREAS, The alumni have excelled
not only on the battlefield but in many fields
of endeavors; and
"WHEREAS, The Academy continues to
provide our country with able and dedicated
future leaders; and
"WHEREAS, Its scenic campus is a
mecca each year for thousands of visitors from
1600
across our State, continent, and other
countries; and
"WHEREAS, The United States
Military Academy is in the forefront of our
State's outstanding institutions of higher
learning; and
"WHEREAS, Fifty-one years ago, the
late James T. McNamara, then a member of the
New York State Assembly, and a member of the
Academy's class of 1939, was the author of the
State Legislature's first 'West Point Day'
resolution; and
"WHEREAS, For decades our Nation
has enjoyed the legacy of freedom, and the
United States Military Academy at West Point
has played a vitally significant role in the
maintenance of peace and freedom; and
"WHEREAS, The members of this
Legislative Body are equally proud to
commemorate this event, marking April 2, 2003,
as 'West Point Day' in New York State; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to celebrate
the establishment of the United States
1601
Military Academy at West Point and to
memorialize Governor George E. Pataki to
proclaim April 2, 2003, as 'West Point Day' in
New York State; and be it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to Governor George E. Pataki."
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Thank you, Madam
President, colleagues.
It's with great honor that I stand
to personally greet the cadets from West Point
and their Superintendent, Lieutenant General
William J. Lennox, Jr.
General Lennox was named
Superintendent in 2001, June 2001. And just
30 years previous to that, in '71, he sat as a
cadet and graduated from West Point. Went on
to distinguish himself in a scholarly way with
a doctorate in literature from Princeton
University, and then, pursuing a military
career, went on with a military fellowship at
Harvard.
So he prepared himself well for a
very distinguished career, and to reach really
1602
the epitome of success in the military, to be
named Superintendent of West Point, where you
have the responsibility as a role model -- and
that you are, General -- for the cadets, for
everyone in the military.
And he is joined by the Chaplain,
Father Wood -- and thank you for your
thoughtful prayer -- and with 13 cadets, led
by First Captain Ricardo A. Turner, from
Detroit, Michigan. So we welcome you here,
all of you.
And General Hughes, who is here,
who started his career out of West Point and
in Korea, and flew in Korea, and was there
when the war started. And who distinguished
himself throughout his military career, and
now has the pleasure of residing in Senator
Larkin's district, I believe, where Senator
Larkin, Colonel Larkin, continually
communicates with him and I'm sure enlists him
in every way to stay tuned in.
So thank you, General.
And our own General Maguire, who
heads up our militia, the National Guard and
our State Guard. So we welcome the General
1603
here.
We welcome you all. These are
troubled times. They are difficult times.
They are challenging times. War in Iraq and
in Afghanistan is raging. We watch the news
every day.
Your colleagues, those that have
gone before you, are there. Some of you will
be in the front lines, doing what you're
trained to do, doing what you have committed
your lives to do. Just as those that go, the
generals and all those that go before you,
committed their lives to help people be free.
Our country was formed, as you
know, through Valley Forge, the Battles of
Saratoga, for freedom. People were oppressed
and suppressed and persecuted, and they fought
and died and they suffered to be free. And
there are those that are tyrannists who would
be out there enslaving people. The 9/11
taught us a bitter, bitter lesson, that there
are despots, there are maniacs who are there,
who will inflict bodily harm, will do whatever
to enslave people and take their freedom.
You are committed to protecting not
1604
just New York State, the United States, but
the entire world. So we are indebted to you.
We applaud you. You have distinguished
yourselves by being cadets. You are a very
select few from the thousands and tens of
thousands that aspire to sit where you sit.
You have attained a distinction and an honor
that we all would envy.
So we thank you for your
dedication, for your commitment, for your
service.
And I know our Colonel Larkin,
Senator Larkin, has a commitment of his own --
not just to the people of New York State and
his district, but to the military. And we're
proud of Senator Larkin. And I am pleased to
ask, Madam President, that Senator Larkin
address the Senate.
THE PRESIDENT: Senator Larkin.
SENATOR LARKIN: Thank you, Madam
President. Thank you, Majority Leader.
It is indeed an honor and a
privilege to represent West Point. It is
indeed a special honor when you can bring to
this chamber the distinguished cadets, led by
1605
a distinguished military leader and a
New Yorker who was appointed by Congressman
Ottinger from Westchester in 1967, General
Lennox.
Sitting in front of General Lennox,
as the Leader said, is General Hughes, a very
distinguished military leader who was in the
first wave of pilots that went to Korea in
1950, combat wounded, served our President
Nixon, and commanded the Pacific forces.
General Hughes has a special
connection with the cadets. Many of his
colleagues were wounded, many of them
classmates, many of those who were at the
Academy with him. And when we started the
Purple Heart stamp last year, he went to the
AOG, and you came through in the thousands. I
thank you, General Hughes.
You know, it's really special when
we start to look at the Long Gray Line. March
the 16th of the year 2002 we celebrated the
200th anniversary of the establishment of the
Academy. Thomas Jefferson had a vision that
he wanted an institution. And people thought
about an engineering outfit. And that fell to
1606
Silvanus Thayer, who is the father of West
Point.
The Long Gray Line has many
meanings. And it isn't just the movies that
we used to see, and some of the young girls
would cry because they saw the poor cadets
walking.
But what it is, we look at this
Long Gray Line, we look at our facility --
it's a treasure. Look at the cadets. How
about the first man to walk in space was at
West Point. The landing on the moon: Buzz
Aldrin. There were many others. Seventy-five
Congressional Medal of Honor winners are
graduates of the Long Gray Line. Three
Heisman Trophy winners are graduates of
West Point. We have had five five-star
generals during our tenures; four of them are
West Pointers.
When you start to look at what the
Academy does, what the Academy means, it's
just breathtaking. I say to anyone who has
never been to West Point, you've missed one of
God's greatest treasures.
When we look at the Academy, people
1607
just don't see buildings. Let's look at the
cadets, for example. In my district --
Senator John Bonacic is well aware of it,
Senator Morahan -- we see these cadets in our
communities, helping. Whether it's in
religion classes, community efforts, helping
with young people, drug addiction, cleanup.
Just last May, 40 cadets turned up
to clean up two cemeteries, clean them up, get
them ready for Memorial Day. Nobody said "You
have to go." We put out a call, and they
answered quickly.
They are committed. They have
helped us with children with disabilities,
they've helped us with our elderly. Because
when they stated -- the day they went, on
R-Day, they raised their right hand, these
cadets. And what did they say? "I pledge."
Duty, honor, and country.
We have some cadets, now young
lieutenants, who were here two years ago who
are in Afghanistan today, and Iraq, fighting
for the freedoms that we all cherish and
enjoy.
And we look at you and say thank
1608
you. You are a pride, you're special to us.
And we're joined here today by the
West Point Society. These are individuals who
live in the Capital Region who are very proud
to come here and be reconnected with you and
the Academy, because they never forget the
Academy.
Senator Bruno told me one day:
"When are you going to take off your green
suit?" I said, "When they put me six feet
under."
But you never forget. And nobody
will ever forget you.
We know that you are leaders. You
have taken that oath. And you will be the
greatest leaders, and you will follow in the
tradition.
And many of you, I'm sure, know
people who graduated last year or the year
before that are over there and are
communicating with you. As one of the cadets
said to me today, "I can't wait to get there."
Well, don't -- don't work too
quick. I remember in '44, I said, "I want to
go." And when I got there, I said, "Whoooh,
1609
maybe I got there too quick."
Like Leibell, Leibell volunteered,
and he's been protecting the Hudson for Saland
and I.
(Laughter.)
SENATOR LARKIN: We didn't lose
any water in the Hudson, so he's done a good
job.
But you know, when you look, as the
Leader said, about General Lennox's
assignments, critical assignments, assignments
that brought him to the position of
Superintendent, you know, it isn't just a
glory assignment, it's an assignment that
carries a lot of responsibility with it.
Because he, with the Commandant of
Cadets and General Kaufman, who is the
academic dean, have a responsibility to
educate and prepare these cadets for any
assignment, whether it's with government, with
combat units or whatever it is. And, ladies
and gentlemen, they do an outstanding job.
Some of you who are watching the
briefings by Vincent Brooks, Brigadier
General, his brother Leo is the Commandant of
1610
Cadets. His father is a retired general, and
we served together. So this Long Gray Line
has been special.
And now I'd like to ask the cadets,
as we call your name, if you would just please
stand to be recognized by this body.
Our First Captain this year is
Ricardo Turner, and he's from Detroit,
Michigan.
(Applause.)
SENATOR LARKIN: From the Bronx,
we have Cadet Mack Brown.
(Applause.)
SENATOR LARKIN: From
Voorheesville, we have Cadet William Denn.
(Applause.)
SENATOR LARKIN: From Hudson, we
have Cadet Sean Gardner.
(Applause.)
SENATOR LARKIN: Whose mother and
father are in the rear. And working for the
Senate, yes, sir.
From Hamburg, New York, Cadet
Michael Gugino.
(Applause.)
1611
SENATOR LARKIN: And Michael's
father is sitting right over here.
From Inwood, Long Island, Cadet
Michael Hendricks.
(Applause.)
SENATOR LARKIN: From Yorktown
Heights, Cadet Amy Patel.
(Applause.)
SENATOR LARKIN: From Monroe,
New York, in the 39th Senatorial District, we
have Cadet Jill Marie Rahon.
(Applause.)
SENATOR LARKIN: And her parents
are here, right behind me, thank you.
From Horseheads, Senator Randy
Kuhl's district, Cadet Matthew Tunison.
(Applause.)
SENATOR LARKIN: And another
cadet from the 39th, via Fort Poke, Louisiana,
where his parents are stationed, Cadet Shaun
Wild.
(Applause.)
SENATOR LARKIN: From Albany,
New York, Cadet David Wimbush.
(Applause.)
1612
SENATOR LARKIN: From West Falls,
Cadet Desiree Zeilen-Ersing.
(Applause.)
SENATOR LARKIN: Ladies and
gentlemen, this is the future of America.
These are the future combat leaders. They're
the future government leaders. These are the
people that we as a nation will entrust to
carry, carry the cornerstone of West Point
forward, to the greatest words we'll ever
hear: "Duty, honor, and country."
There are not a lot of words that
we can say to you today. Those on the first
rung of the ladder understand it's a long
climb, those of you including the First
Captain.
First Captain Turner, you must look
at the TV quite a bit in your wee hours of the
morning and see General Vince Brooks, your
predecessor twenty years ago, the First
Captain. What an outstanding individual.
We now see the turmoil in the
Middle East, and we don't know what it's going
take, we don't know where we're going. But we
know that we can count on you, men and women
1613
of the Corps, to uphold the rights and
freedoms of our country and carry on in the
tradition that those before you, who you know
who, you've studied under. I can think of
nothing better to say to you than we thank
you. We thank you.
And as the Leader said, the class
coming in this coming year, there is
approximately 10,000 applicants for the 1,000
seats. And they're star students. They're
academic students. They're proven leaders in
their own high schools.
And you will prove, as you leave
West Point, that you've earned that line to
become part of the Long Gray Line.
On behalf of my colleagues in the
Senate, I wish you good speed, good health,
and I thank you for being so faithful and
wanting to protect the freedoms of this great
nation. Thank you and God bless you.
(Standing ovation.)
THE PRESIDENT: The question is
now on the resolution. All in favor please
signify by saying aye.
(Response of "Aye.")
1614
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time recognize Senator Smith.
THE PRESIDENT: Senator Smith.
SENATOR ADA SMITH: Thank you,
Madam President.
THE PRESIDENT: You're welcome.
SENATOR ADA SMITH: It is truly
an honor and it is with great pride that we
welcome each and every one of the cadets here
today.
You are truly our best. You could
go anyplace in the world, but you have chosen
to dedicate yourselves to the safety and
well-being of all people by becoming cadets at
the greatest institution in this country,
West Point.
We would like to say thank you to
Superintendent General Lennox, to General
Hughes, and to all who have formulated what
you will become in later life, for teaching
1615
you the art of becoming a great soldier.
We thank you especially in these
troubling times. You are truly our best. We
love you, we pray for you each day, and we
thank you for what you will become.
(Applause.)
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time extend the privileges of
the Senate floor to Senator -- to General
Lennox.
(Laughter.)
THE PRESIDENT: Lieutenant
General Lennox.
(Applause.)
SUPERINTENDENT LENNOX: Majority
Leader Bruno, Minority Leader Paterson,
Senator Larkin and members of this
distinguished Senate, let me just tell you
it's a thrill to be here. Resident of
Yonkers, graduate of Cardinal Hayes High
School in the Bronx there, nominated by
Congressman Ottinger -- this is truly an
honor.
And on behalf of the 59,000
1616
graduates of the Academy, the 4,000 cadets
there, I want to thank you for what you've
done today and your support of us all the
time.
I think I'd just like to make two
points today. First of all, on driving out
the gate this morning we drove past the
security hooch right there, and there on the
shoulder of that young soldier was the patch
of the Rainbow Division.
And I want to give my compliments
to the National Guard in particular, who have
been up there protecting West Point and
allowing us to do the job that we do. Members
of Charlie Battery, First Battalion, 258th
Field Artillery from Queens, and Alpha
Company, First Battalion, 127th Armor Regiment
from Dunkirk.
Through a rather tough winter,
through some rather tough times, they've been
out there every single day doing the job.
Probably not a tough winter for those from
Dunkirk, but still doing an absolutely great
job.
West Point is the largest employer
1617
in Orange County, one of the most visited
locations in the country. And that continues
despite the tough weather, despite the
security restrictions. People still keep
coming, they keep coming to see their Academy.
And I invite you all to come up and see your
Academy.
If you go around and you see the
tremendous sights there -- the Great Chain
across the river, the fortifications that
Kosciuszko built, the house that housed Thayer
and Lee and MacArthur -- and you see only
that, you really do miss the important part of
the Academy, and that's these outstanding
young men and women there.
And I just want to just tell you
about a couple of them, a couple of grads.
One of them, Gina Fox, before she came to the
Academy, All-State softball player from
Watertown High School. At the Academy, Gina
was Dean's List and an All-Conference third
baseman for the softball team. A year ago
today, she and her teammates split a
doubleheader against Wagner.
This week, she's deploying from
1618
Fort Campbell to Iraq where she's going to
lead a platoon in the 101st.
Dan Ganci, born and raised in
Staten Island. Dan graduated from the Academy
in 2000. His uncle, a paratrooper from the
82nd, passed along his Airborne wings to Dan
when he graduated from Airborne School. Dan's
uncle was Pete Ganci, chief of the New York
City Fire Department, one of those 343 who
gave their lives in the World Trade Center.
Today, Dan's leading a mortar
platoon in the Third Infantry Division. He
told reporters, "I'm not here to avenge a
death, just to make sure it doesn't happen
again."
And Dave Petraeus, from Cornwall,
New York, went to Cornwall High School, where
he earned his nomination to West Point.
Graduated from West Point in 1974 as an
infantryman, and he earned a doctorate from
Princeton. Today, Dave Petraeus commands more
than 15,000 soldiers in the 101st Airborne,
including that Second Lieutenant Gina Fox.
And just before the war started,
Dave reminded his soldiers that the road to
1619
home went through Baghdad. And we wish him
and all of his soldiers Godspeed in that
journey.
Ladies and gentlemen, leaders are
made, not born. And that's what we do at
West Point: We build leaders, leaders like
Gina Fox, Dan Ganci, and Dave Petraeus. We
build those leaders by challenging them,
physically and intellectually, to achieve
excellence. We build those leaders by
instilling in them the virtues of duty, honor,
and country. And after four years, we send
those leaders out to the Army to fight our
nation's battles, to win our nation's wars.
I can tell you that at West Point
we remain committed to producing leaders of
character, the kind that our soldiers deserve
and the kind our nation needs.
Come see us. Come see your
Academy. And come see those great young men
and women who are the future leaders of
America. They'll inspire you as they do me
every single day.
Thank you for the opportunity to
address you.
1620
(Standing ovation.)
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Madam President,
I would suggest we have a very short recess
while the cadets leave the chamber, and the
General, and again thank them again for their
attendance and for their great responsibility
and duty.
Thank you, General, again.
SUPERINTENDENT LENNOX: Thank you
very much.
THE PRESIDENT: The Senate stands
at recess.
(Whereupon, the Senate stood at
ease at 11:47 a.m.)
(Whereupon, the Senate reconvened
at 11:56 a.m.)
ACTING PRESIDENT McGEE: The
Senate will please come to order.
Senator Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Finance Committee in
Room 124.
ACTING PRESIDENT McGEE:
Immediate meeting of the Senate Finance
1621
Committee in Room 124.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a privileged resolution at the desk by
Senator Meier. Could we have it read in its
entirety and move for its immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator Meier,
Legislative Resolution Number 1048,
congratulating the Whitesboro High School Boys
Hockey Team and Coach Mike Jeffery upon the
occasion of capturing the New York State
Division II 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
1622
developing a sense of fair play and
competition; and
"WHEREAS, The Whitesboro High
School Boys Hockey Team are the New York State
Division II Champions; and
"WHEREAS, After beginning the
season with a 4-4 record, the Whitesboro High
School Boys Hockey Team reeled off 22 straight
wins to finish with a school record 26 wins,
capturing the Section III Title and their
first New York State Championship, after
defeating Batavia High School 2-1; and
"WHEREAS, The athletic talent
displayed by this team is due in great part to
the efforts of Coach Mike Jeffery and
Assistant Coach Mark Evans, skilled and
inspirational tutors respected for their
ability to develop potential into excellence;
and
"WHEREAS, The team's overall 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
1623
Whitesboro High School Boys Hockey Team, from
the opening game of the season to
participation in the championship game at the
Utica Memorial Auditorium, in front of 3,282
screaming fans, 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
"WHEREAS, Coach Mike Jeffery and
Assistant Coach Mark Evans have done a superb
job in guiding, molding, and inspiring the
team members toward their goals; and
"WHEREAS, Sports competition
instills the value of teamwork, pride and
accomplishment, and Coach Mike Jeffery 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
1624
Body pause in its deliberations to
congratulate the Whitesboro High School Boys
Hockey Team, its members -- Kyle Harter, Chris
Pawlick, Ryan Williams, Steve Schoen, Peter
Williams, Brad Harter, Jim Moore, Matt Petell,
Nick Tutino, Aaron Johnston, Ryan Hoffman,
Steve Nutty, Keith Williams, Rick Bostic, Dave
Farley, Dan Martin, Andy Starczewski, Anthony
Excell, Drew Farley, Jeff Seakan, Kyle
Roberts, Otto Isenberg, Chris Hornesky, Tim
Schoen, and Jeff Ryczek -- Managers Kyle
Snyder and Cameron Lojewski, Assistant Coach
Mark Evans, and Coach Mike Jeffery on their
outstanding season and overall team record;
and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the Whitesboro High School Boys Hockey Team
and to Coach Mike Jeffery."
ACTING PRESIDENT McGEE: Senator
Meier.
SENATOR MEIER: Thank you, Madam
President.
The young gentlemen seated behind
me here in the gallery are the New York State
1625
Division II hockey champions from Whitesboro,
New York.
I think it's really appropriate and
I'm glad it worked out this way that they were
here for West Point Day. And the reason I say
that is in 1945 an honorary American named
Winston Churchill that the war was won on the
playing fields of Eton. Well, what did he
mean by that? What he meant by that was we
expect our young people in school to get their
first inkling about what leadership is about,
what teamwork is about, and what integrity is
about. And young men like this take that
first inkling and they hone it through
competitive athletics.
Now, these guys don't do their work
on a field, they do it out a sheet of ice.
And they do it very well. This is a team with
a remarkable record, 26 wins -- 22 wins
consecutive. The only person in this chamber
who can boast of 22 consecutive wins is
Senator John Marchi. And those of us down
here, guys, know what a champion we're
comparing you to.
This team exemplifies the very
1626
best: individual achievement combined with
teamwork, an understanding of competition
combined with an understanding of cooperation.
And this team exemplifies what
great communities are all about. Because,
boy, the Whitesboro community really turned
out to cheer these guys on.
And so, Madam President, I'm
pleased to move adoption of the resolution and
to present to the body the pride of Whitesboro
and of the Mohawk Valley, the Whitesboro Boys
Hockey Team.
ACTING PRESIDENT McGEE: The
question is on the resolution. All in favor
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a privileged resolution at the desk by
Senator DeFrancisco. If we could have the
1627
title read and move for its immediate
adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator
DeFrancisco, Legislative Resolution Number
1049, honoring the Business Club students of
Solvay High School for their participation in
the 50th Senate District's "Good News! Good
Kids!" Youth Responsibility Program.
ACTING PRESIDENT McGEE: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I rise to
congratulate the Solvay High School Business
Club and their teacher, Muriel Sullivan -- and
the students that are here are Katie Gardner,
Nicole Nash, Tammy Case, Stephanie Potoczak,
Gary Santorelli, Erin Maloney, Kristina
Kostine, Nina Lenweaver, Katelynn Grim, and
Patricia Bonemio -- for the fine work they've
done participating in this program.
We started it many years ago. And
we honor people in our district that do good
things for our community. And the funds
you've raised for people less fortunate are
1628
really something you should be very, very
proud.
Unfortunately, we read very often
bad things about young people. And the good
things that you do ought to be recognized.
And that's why you're here today being honored
by this body.
And, like Senator Meier, I do want
to say that it's only appropriate that you
were here today to witness one of the finest
days that we have this year, honoring our
cadets from West Point.
And it has particularly important
meaning in this day and age in view of what's
happening in the world scene. And as was
mentioned earlier, which is extremely
important, some of the cadets that were here a
couple of years ago are now in combat.
So you have shown your character,
and I'm sure you're also going to be the
leaders of tomorrow. And I'm proud and
pleased that you're members of the 50th Senate
District. And best of luck in the future.
ACTING PRESIDENT McGEE: The
question is on the resolution. All in favor
1629
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
I believe there's a substitution at the desk,
if we could make it.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: On page 4,
Senator Hoffmann moves to discharge, from the
Committee on Consumer Protection, Assembly
Bill Number 1585 and substitute it for the
identical Senate Bill Number 184, First Report
Calendar 352.
ACTING PRESIDENT McGEE:
Substitution ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial reading
of the calendar.
1630
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
229, by Senator Velella, Senate Print 2620A,
an act to amend the Labor Law, in relation to
self-employment assistance program.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
252, by Senator Hoffmann, Senate Print 2127,
an act to amend the Public Officers Law, in
relation to the qualification for holding the
office of deputy sheriff.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
1631
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
279, by Senator Kuhl, Senate Print 1978, an
act to amend the Alcoholic Beverage Control
Law, in relation to certain licenses.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
282, by Member of the Assembly Gromack,
Assembly Print Number 1401, an act to amend
the Volunteer Firefighters Benefit Law, in
relation to enacting the Good Samaritan
1632
Volunteer Firefighters Assistance Act.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the 30th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Hassell-Thompson recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
287, by Member of the Assembly Sweeney,
Assembly Print Number 4887A, an act to amend
the Local Finance Law, in relation to
temporary alternative methods.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
1633
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
308, by Senator Meier, Senate Print 1825, an
act to amend the Domestic Relations Law, in
relation to notification concerning orders of
support.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Madam President,
would you please recognize Senator
Hassell-Thompson.
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson.
1634
SENATOR HASSELL-THOMPSON: Thank
you, Madam President.
I wish to rise to request unanimous
consent to be recorded in the positive on
Calendar Number 282.
ACTING PRESIDENT McGEE: The
Secretary will note. Thank you.
SENATOR HASSELL-THOMPSON: Thank
you.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
I believe that completes the regular calendar.
If we could return to reports of
standing committees for a report of the
Finance Committee.
ACTING PRESIDENT McGEE: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following bill direct to third reading:
Senate Print 3775A, by Senator
Velella, an act to amend the Executive Law and
the State Finance Law.
1635
ACTING PRESIDENT McGEE: Without
objection, the bill is ordered directly to
third reading.
Senator Skelos.
SENATOR SKELOS: Madam President,
if you would take up Calendar Number 403 at
this time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
403, by Senator Velella, Senate Print 3775A,
an act to amend the Executive Law and the
State Finance Law, in relation to terms and
conditions.
SENATOR SKELOS: Madam President,
is there a message of necessity and
appropriation at the desk?
ACTING PRESIDENT McGEE: There is
a message of necessity and appropriation at
the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT McGEE: All in
favor of accepting the message of necessity
and appropriation will answer aye.
(Response of "Aye.")
1636
ACTING PRESIDENT McGEE: Opposed,
say nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Senator Skelos.
SENATOR SKELOS: Read the last
section, please.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 27. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
is there any housekeeping at the desk?
ACTING PRESIDENT McGEE: No,
there is none.
SENATOR SKELOS: Would you please
recognize Senator Schneiderman.
1637
THE SECRETARY: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. I believe that there's a
motion at the desk. I would request that I be
heard briefly in support of the motion.
If you could please recognize
Senator Duane before we begin.
ACTING PRESIDENT McGEE: Thank
you.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President. If I may have unanimous consent to
be recorded in the negative on Calendar Number
282.
ACTING PRESIDENT McGEE: Without
objection.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Yes. I
think Senator Duane is not quite finished,
though.
ACTING PRESIDENT McGEE: Oh.
Senator Duane? Senator Duane is finished.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
1638
Madam President.
This is a motion to bring to the
floor a bill which has been before this house
for several years, which I find it frankly
unconscionable that we have not brought to the
floor and passed.
This would simply require that
every hospital room that treats rape survivors
provide emergency contraception to those rape
survivors. A survey conducted by New York
NARAL revealed several years ago that less
than 50 percent of the hospital emergency
rooms in this state make available emergency
contraception to rape survivors.
Emergency contraception has been
available for 25 years. It is safe, it is
effective, it prevents pregnancy. There is no
medical reason why it cannot be made
available.
And because it is a time-sensitive
medical treatment, in the sense that the
longer you wait to receive the treatment, the
more likely you are to become pregnant, its
absence from hospital emergency rooms
unquestionably results in rape survivors
1639
becoming pregnant against their will every
year here in the State of New York.
We have attempted to resolve this
by dealing with the Department of Health, by
getting regulations enacted. The Governor
thus far has not seen fit to take action. And
it is incumbent on us to pass legislation to
address this travesty.
If you are pro-choice, you should
be in favor of this bill. Even if you're
anti-choice, you should be in favor of this
bill. I cannot think of a more devastating
act of the government of the State of New York
than to have as our policy, in place in our
regulations, a system by which hospital
emergency rooms are authorized by the state to
treat rape survivors and yet they are
permitted to refuse to make available
emergency contraception.
No one is forcing anyone to use the
product if it conflicts with their religious
convictions. But we're causing many, many
women to become pregnant every year against
their will after suffering the trauma of rape.
I cannot think of any possible argument --
1640
moral, ethical, or legal -- against this.
I urge everyone to vote yes, that
we bring this bill to the floor and enact it
into law this year.
Thank you.
ACTING PRESIDENT McGEE: All
those Senators in favor of the petition out of
committee please signify by raising your hand.
THE SECRETARY: Those recorded in
agreement are Senators Andrews, Breslin,
Brown, Dilan, Duane, Hassell-Thompson,
L. Krueger, Montgomery, Onorato, Parker,
Paterson, Sabini, Schneiderman, A. Smith,
M. Smith, and Stavisky.
ACTING PRESIDENT McGEE: The
petition is defeated.
Senator Skelos.
SENATOR SKELOS: Madam President,
there being no further business to come before
the Senate, I move we stand adjourned until
Monday, April 7th, at 3:00 p.m., intervening
days being legislative days.
ACTING PRESIDENT McGEE: On
motion, the Senate stands adjourned until
Monday, April 7th, at 3:00 p.m., intervening
1641
days being legislative days.
(Whereupon, at 12:10 p.m., the
Senate adjourned.)