Regular Session - April 21, 2004
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 21, 2004
11:05 a.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 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: We can observe a
moment of silence as the invocation is
prepared.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: The invocation
this morning will be given by Father Wood,
from West Point.
FATHER WOOD: May we pray.
Almighty God, we pray You guide
this great state and those who lead it, defend
always our liberties, preserve our unity, and
protect those at home and abroad who protect
us.
Look with Your generous bounty on
West Point, which is to be honored here today.
Let her remember always that her mission of
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duty, honor, country is not a way of looking
only at certain things, but 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.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Tuesday, April 20, the Senate met pursuant to
adjournment. The Journal of Monday, April 19,
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.
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Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Madam President,
are there any substitutions at the desk?
THE PRESIDENT: Yes, there are,
Senator.
SENATOR SKELOS: If we could make
them at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 5,
Senator Spano moves to discharge, from the
Committee on Labor, Assembly Bill Number 8486
and substitute it for the identical Senate
Bill Number 4610, First Report Calendar 704.
On page 6, Senator Marchi moves to
discharge, from the Committee on Corporations,
Authorities and Commissions, Assembly Bill
Number 7401 and substitute it for the
identical Senate Bill Number 2991A, First
Report Calendar 716.
On page 6, Senator Bonacic moves to
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discharge, from the Committee on Corporations,
Authorities and Commissions, Assembly Bill
Number 8029 and substitute it for the
identical Senate Bill Number 4328, First
Report Calendar 717.
On page 8, Senator Skelos moves to
discharge, from the Committee on Codes,
Assembly Bill Number 8958A and substitute it
for the identical Senate Bill Number 5577A,
First Report Calendar 736.
On page 10, Senator Bonacic moves
to discharge, from the Committee on
Transportation, Assembly Bill Number 9935 and
substitute it for the identical Senate Bill
Number 6237A, First Report Calendar 758.
On page 11, Senator Robach moves to
discharge, from the Committee on Children and
Families, Assembly Bill Number 5513 and
substitute it for the identical Senate Bill
Number 6305, First Report Calendar 768.
On page 13, Senator Nozzolio moves
to discharge, from the Committee on Crime
Victims, Crime and Correction, Assembly Bill
Number 8416 and substitute it for the
identical Senate Bill Number 4736, First
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Report Calendar 789.
And on page 13, Senator Fuschillo
moves to discharge, from the Committee on
Energy and Telecommunications, Assembly Bill
Number 3796 and substitute it for the
identical Senate Bill Number 2331, First
Report Calendar 791.
THE PRESIDENT: Substitutions
ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a resolution at the desk by Senator
Ruth Hassell-Thompson. If we could have it
read in its entirety and move for its
immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Hassell-Thompson, Legislative Resolution
Number 4576, congratulating the Mount Vernon
High School Boys Basketball Team upon winning
the Class AA State Championship.
"WHEREAS, Excellence and success in
competitive sports can be achieved only
through strenuous practice, team play, and
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team spirit, nurtured by dedicated coaching
and strategic planning; and
"WHEREAS, Athletic competition
enhances the moral and physical development of
the younger 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 a sense of fair play
and competition; and
"WHEREAS, The Mount Vernon High
School Boys Basketball Team are the Class AA
State Champions; and
"WHEREAS, Mount Vernon, the crown
jewel of Section 1 basketball, claimed its
sixth state championship in school history
with a 56-46 victory over Niagara Falls
(Section 6) for the Class AA title. The
Knights, with their unparalleled depth and
experience, confirmed their No. 8 ranking in
the USA Today national poll, and won their
first state championship since 2000; and
"WHEREAS, The athletic talent
displayed by this team is due in great part to
the efforts of Head Coach Bob Cimmino, a
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skilled and inspirational tutor, respected for
his 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
Mount Vernon High School Boys Basketball 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
"WHEREAS, Coach Bob Cimmino has
done a superb job in guiding, molding and
inspiring the team members toward their goals;
and
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"WHEREAS, Sports competition
instills the values of teamwork, pride and
accomplishment, and Coach Bob Cimmino and
these 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 Mount Vernon High School Boys
Basketball Team, its members -- George Barrow,
Keith Benjamin, Chris Bradley, Al Brown,
Chinyelu Browne, David Clark, Michael Coburn,
Dexter Gray, Torian Kendall, Chris Lowe,
Jonathan Mitchell, Shanty Robinson, Johnathan
Smith, and Michael Watson -- Head Coach Bob
Cimmino and Coaches Al Visconti, Paul Roland,
Brian Pritchett, Dana Doggett, Garee Bryant,
Pat Theodule, Joe Leone, Dwayne Murray,
Anthony Pavlacka, and Anthony Pisacreta,
Fitness Trainer Pete Montpelier, and Athletic
Trainer Gordon Palmer on their outstanding
season and overall team record; and be it
further
"RESOLVED, That copies of this
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resolution, suitably engrossed, be transmitted
to the aforementioned players and coaches."
THE PRESIDENT: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President.
I rise to thank this body for
receiving the state champions of basketball in
the persons of the Mount Vernon High School
basketball team and their coaches.
As you have heard, this is a team
who has won on every field -- not only on the
basketball court, but academically in the
classroom. No student is allowed to play
unless he has better than a B grade average,
each of these players. And many exceed a 3.0.
To say that I am proud of them is
an understatement. But to have them with me
today and for you to witness their prowess on
the basketball court and their prowess in
their presence gives me great pleasure. So I
present to you the Mount Vernon basketball
championship team of the state of New York and
the federation.
When I greeted them this morning, I
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told them that they would be facing many
Senators whose teams they have beat over this
year.
(Laughter.)
SENATOR HASSELL-THOMPSON: And I
have waited since 2000 for them to reach the
championship. Because I have heard, as I have
stood in this chamber, other Senators talk
about their teams and talk about their
players. And I am so glad to be among this
august body to present to you a team of which
I am equally as proud.
So today, you are the winners. No
one is angry with you. Everyone is happy for
you. Thank you for being with me today.
Thank you, my colleagues, for
accepting them and for celebrating their
victory with me.
(Applause.)
THE PRESIDENT: Minor detail.
All in favor of the resolution please signify
by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
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THE PRESIDENT: The resolution is
adopted.
Congratulations, and continued
success.
(Applause.)
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
there are three resolutions at the desk by
Senator Saland. Could we have the titles read
and move for their immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Saland, Legislative Resolution Number 4578,
commending Vassar College upon the occasion of
its designation for special honor by the
Dutchess-Ulster Division of the American Heart
Association on April 24, 2004.
By Senator Saland, Legislative
Resolution Number 4579, commending John O'Shea
upon the occasion of his designation for
special honor by the Dutchess-Ulster Division
of the American Heart Association on April 24,
2004.
And by Senator Saland, Legislative
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Resolution Number 4580, commending Ira Effron
upon the occasion of his designation for
special honor by the Dutchess-Ulster Division
of the American Heart Association on April 4,
2004.
THE PRESIDENT: All in favor of
the resolutions please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolutions
are adopted.
Senator Bruno.
SENATOR BRUNO: Madam President
and colleagues, 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 4577,
memorializing Governor George E. Pataki to
proclaim April 21, 2004, as West Point Day in
the State of New York.
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"WHEREAS, This Legislative Body is
justly proud to celebrate the establishment of
the United States Military Academy at West
Point and to call upon Governor George E.
Pataki to proclaim April 21, 2004, 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
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"WHEREAS, Its scenic campus is a
mecca each year for thousands of visitors from
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-two 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 21, 2004,
as West Point Day in New York State; now,
therefore, be it
"RESOLVED, That this Legislative
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Body pause in its deliberations to celebrate
the establishment of the United States
Military Academy at West Point and to
memorialize Governor George E. Pataki to
proclaim April 21, 2004, 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 and colleagues, General Lennox and
cadets from West Point.
This is a special day, really a
special day. We have annually been honoring
and respecting cadets from West Point, but
this year takes on a much greater significance
for all of us. So we welcome you here. And
we pay our respects to you, to the generals
that are here with us.
We're going to hear from Senator
Larkin, who sponsors this resolution and
really mentors all that goes on here with his
colleagues as relates to the military.
General Lennox was appointed to run
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the Academy in 2001 and has a Ph.D. in
literature from Princeton, and has really
distinguished himself as a graduate of West
Point. Now, you imagine the dream -- with
First Cadet Grace Chung leading the other
cadets here, I believe from Congers, in
Rockland County, and welcome.
But imagine the dream of
graduating, going on into the world of
military affairs and handling yourself in such
a way that the President of the United States
sees fit to appoint you to manage the affairs
of probably one of the most important
facilities in the United States today. So
congratulations to you, and to all the good
work that you do.
And to the cadets, we have young
people here who have distinguished themselves,
and we congratulate them. But all the young
people throughout the United States, here in
New York State, look to you really as the
leaders, because each and every one of you
have distinguished yourselves. You are
leaders now, having attained the honor and the
privilege of attending the Military Academy
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and staying there. Getting there is one
thing; staying there is another. And you're
there.
And we're very conscious of the
fact that this is a troubled world. And we
all here look to you, and we understand that
you know what the commitment is in your lives
as we all pray and hope for freedom for the
world. And that you are prepared, we know, to
provide the leadership for all those that will
follow to help with what is happening now in
troubled parts of the world, in Iraq and in
other parts of the world.
So we're indebted to you, and we're
grateful to you. And we do respect and we
honor you here today with our colleagues.
So God bless you all. And you just
keep having those great thoughts and providing
all the kinds of good things that you do for
each other in supporting each other. And
general congratulations to you for your fine
work.
Thank you, Madam President.
(Applause.)
THE PRESIDENT: Senator Larkin.
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SENATOR LARKIN: Thank you, Madam
President.
And first I'd like to thank the
Majority Leader for his outstanding remarks.
That shows his total respect, his dedication
and commitment to the Corps of Cadets.
You know, as we look around and we
start to see what is West Point all about, we
have the 56th superintendent here today, a
native New Yorker. General Lennox, we have
something very much in common. The day he
went to West Point was the day the Army said
to me "Goodbye, Lark," in 1967.
But we also have a special lady
here with us today, Mrs. Lennox -- who John
Bonacic's got to get to know her better. Her
family lives in Sullivan County now.
And, Mrs. Lennox, you have been an
inspiration to the Corps of Cadets, male and
female, to the faculty. And your energy
within the community to put that gate open so
that there is a great combination of civility,
workmanship, and comradeship between the
civilian community and the United States
Military Academy. And we thank you.
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Today we're also privileged to have
a few other distinguished gentlemen. We have
General Hughes to my left, Class of 1946. And
if you want to know something about General
Patton's father, the senior, ask him, because
he had the privilege of rooming with General
Patton, an infantry officer, sir, from 1942 to
1946.
We're also privileged to have with
us today the commander, the Adjutant General
of the State of New York, Major General Tom
Maguire. And from the West Point Society, a
member of the distinguished Class of 1958,
General Pointer.
And other members of the West Point
Society. I see our county exec from Albany
County, Class of '61. How do you like that?
I got it right this year.
You know, when the young cadets
were talking to General Hughes this morning,
it was amazing when you started to think that
General Hughes' career started when he
graduated in 1946 from the Academy. And then
left us, and he went to the Air Force, where
he became a combat pilot in Korea. He later
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was the military advisor to President Nixon
and then led the forces in the South Pacific
to the termination of that part of the world.
You know, the Military Academy has
done so much, so much that we haven't paid
attention to since 2001. But I have the
privilege of serving on the Homeland Security
and Veterans Committee with my great colleague
from Long Island, Michael Balboni. And,
gentlemen, we want to really thank you for
creating the Center for Studies, which is the
largest in the world and is best known for
what it does to energize and educate people
from all over the world at the Study Center at
West Point.
Now, you know, when you look at the
Long Gray Line, it's 202 years old. And you
can look and see where they're coming from.
The architect of the Panama Canal, the first
American to walk in space, two astronauts who
made the first lunar landing, 80 Congress
Medal of Honor winners -- 80 Congress Medal of
Honor winners -- 82 Rhodes scholars. Of
course, we slipped a little bit; we only have
three Heisman winners.
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But when you look at that, and you
look at where the cadets went, whether they
did their 20 or 25 or 30 years or left the
Corps after five years and went out into
government or business -- everyplace, every
turn you make, you will find someone from the
Long Gray Line, representing the Long Gray
Line, representing America, and representing
freedoms for which you are all serving.
The Academy has been home to some
of the most distinguished Americans we ever
talk about or read about -- Ulysses Grant,
Robert Lee, Douglas MacArthur, Dwight
Eisenhower. And from my own 39th Senate
District, the commander of the 101st Airborne
that did so much up in Mosul, David Petraeus.
These leaders share in the
knowledge that strength is very important;
strength that the cadets at West Point go to
every day. It isn't just getting up at 5:30
that is something unusual, but the calendar of
the day, the activities that they do. It's
not to just make them slim and trim, like
Randy Kuhl, but it's to make them fit and
ready to assume the duties that they will be
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called upon to do.
We know that some of the cadets
that were here two years ago have already been
to Iraq. Some have lost lives; some have been
seriously wounded. And in talking to some of
them, I ask the question: What do you think?
The answer that has come to me is: Senator,
as soon as this leg gets better, or this arm,
I'll be joining my outfit in Iraq. Proud.
Our Majority Leader's old outfit,
used to be called the 35th Infantry Regiment,
25th Infantry Division, is now full in place
in Iraq. I think that's something that we
should reflect upon. We reflect too much upon
the deaths and not reflect upon the noble
cause that's being done by members of the Long
Gray Line.
You know, Tommy Morahan said to me
the other day, he said, "You know, General
Lennox and I, we got a lot in common." I
said: "What did you do, go to grammar
school?" He said, "No, Cardinal Hayes." Tom,
congratulations. You developed a good
friendship with a distinguished leader.
Now, General Lennox has served in
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fabulous assignments. Some of the assignments
that he's had, I discussed them with General
Hughes and General Pointer, and they said, you
know, those are assignments that are few and
far between and hard to get.
We congratulate you for all the
assignments you've had and the distinguished
record that you've had therein.
You know, we have a real special
person here today with us, comes from Congers,
New York, our good colleague Senator Tom
Morahan's district. Grace Chung is the second
female in the history of the United States
Military Academy to become the first captain.
Congratulations.
(Standing ovation.)
SENATOR LARKIN: You know, as we
look and see these young people and you talk
with them, Cadet Chung told me that she's
looking forward to getting a few days'
vacation, General, and then she's going to go
to Fort Rutger. And I said, "What do you want
to fly?" And she said, "The Black Hawk."
Think about it. Think about it.
Especially the females in our conference
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here -- in our house. A distinguished young
lady not wanting to do anything, but she is a
leader at the Academy and now she wants to go
and pilot the Black Hawk.
The current events that we see in
Iraq make us think twice when we think about
what's happening, especially to the young
people. You talk to the cadets, they don't
want to go to special school. They say: We
want to go where the action is, we want to go
where we were trained to do something. And
every one of them has a piece of life that is
very respectful.
You know, we will see some of these
cadets, read about them in another six to nine
months, of their actions someplace in the
world after they finish branch school. And
what they've learned at West Point will set
the tone of their entire life.
Iraq is a sobering mission to each
and every one of us, and sometimes we often
wonder why. I've never heard a cadet ask me
why. The cadets that I've met have always
said to me: I can't wait to do my share,
because it's the right thing to do.
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You know, we bear witness every day
that somebody from the Academy, just like in
our home, has been wounded or killed in
combat. And we have to all be ready to say
our prayers for them and thanks for what
they've done.
At this time, I would like to take
the opportunity to introduce our guests that
are with us here today, because this Long Gray
Line will be here for long after this body has
changed places. So it would be my honor, as
we call your name, if you would please stand
up so you can be properly recognized.
And somebody took my sheet. Thank
God I got another one.
First Captain Grace Chung, from
Congers, New York.
(Applause.)
SENATOR LARKIN: Cadet Heidi
Beekman, from Oakdale.
(Applause.)
SENATOR LARKIN: Cadet Matthew
Burke, from Homer.
(Applause.)
SENATOR LARKIN: And next, you
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won't see this often, but we have the Cioffi
twins, from Scarsdale.
(Applause.)
SENATOR LARKIN: Cadet Lauren
Marie Gurski, from Pomona, Rockland County.
(Applause.)
SENATOR LARKIN: Cadet Tate Alan
Jarrow, from Ithaca.
(Applause.)
SENATOR LARKIN: Cadet David
Psiaki, from Brooktondale.
(Applause.)
SENATOR LARKIN: Cadet Adam
Scher, from Staten Island.
(Applause.)
SENATOR LARKIN: You know, you
can say what you want to, but we owe a debt of
gratitude to the Corps of Cadets. We owe a
debt of gratitude to those members of
Congress, the President and Vice President and
others who have nominated the cadets. It's a
struggle. It's four years many of us in this
chamber would have a hard time keeping up
with.
You do so much in representing us.
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The commitments that you make to our
communities -- education, religion, cleanup,
concerning of our elders -- those are some of
the things that nobody ever sees that the
Corps of Cadets -- but it's there.
And we want to thank you, General
Lennox, Mrs. Lennox, staff and faculty, and
the Corps. We know that what was started 202
years ago will be there now.
Madam President, I am informed by
the Corps of Cadets and their leader, Cadet
Chung, that the corps has a message they'd
like to give to the assembled body and our
guests. Grace?
CADETS: Go Army! Beat Navy!
(Laughter.)
SENATOR LARKIN: Madam President,
America's finest, America's future. Ladies
and gentlemen, the Corps of Cadets.
(Standing ovation.)
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time pass the resolution that's
before us on the floor.
THE PRESIDENT: All in favor
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please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Madam President
and colleagues, with unanimous consent of this
body, we would be honored, General Lennox, if
you would address this group with remarks on
behalf of the Academy and the cadets.
THE PRESIDENT: Hearing no
objection, General Lennox.
GENERAL LENNOX: Majority Leader
Bruno, Minority Leader Paterson, Senator Bill
Larkin, and members of the distinguished
Senate.
Senator, I'm just going to have to
say that I might have to do some recruiting up
here of a basketball team for the Army team in
the future.
SENATOR HASSELL-THOMPSON: We can
make a deal.
(Laughter.)
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GENERAL LENNOX: Once again, it's
a great honor to be here, especially for a boy
from Yonkers and Cardinal Hayes High School,
and a person who was appointed by
Representative Ottinger, back in the old days,
to go to West Point.
And on behalf of the 60,000
graduates and the 4,000 cadets, I'd like to
say thank you for doing this here today.
We are New Yorkers. We're the
largest employer in Orange County. We're the
third most popular tourist site in this state.
We are New Yorkers. And that's the most
popular site despite some of the weather we've
had and the gate guards that don't let as many
people in as they used to. So we are still
there and we are still supportive of this
great state.
I'd ask you to come visit. This is
your Academy. And I think it's absolutely
great if you could come and see the historic
site. George Washington called us the
strategic point of the continent. We still
think we are, and we'd like to see you.
However, the best thing that you
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could see there are these great young men and
women. They are the personification of that
motto: Duty, honor, country.
And I'll tell you that these
cadets -- and these New Yorkers that are with
us are representative of them -- are very
focused on what's going on today. We have
some great cadets with us, and I hope you get
an opportunity to meet them.
Grace Chung, from Congers, the
second woman First Captain, also known for
sports parachute and lacrosse. That wasn't
brought out.
Other cadets, though, who have not
been here -- Katie Macfarlane, from Clarence
High School, near Buffalo. The Patriot League
Woman of the Year in basketball, our all-time
leading scorer and rebounder. That's the kind
of character that we get there.
We also get those graduates who are
doing the work of the country overseas now.
Dave Petraeus, certainly one of them, leading
the 101st, just giving that up now after
having done such tremendous work in northern
Iraq -- going back again for a second time to
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serve under John Abizaid there in Iraq.
That's the two-star general. What
isn't told is so many of the lieutenants and
captains over there doing their job. And I'll
just mention one: John Fernandez, 2001, Class
of 2001, the lacrosse captain, from Rocky
Point, New York.
John was in the initial attack, an
artillery man, followed the Third Infantry as
they made their way to Baghdad. And on
April 3rd, a misguided bomb hit right outside
his platoon, injuring three severely and
injuring himself. And hurt, he crawled over
and he tried to take care of his people, still
the platoon, and essentially directed his own
evacuation.
I had the honor of meeting him in
Walter Reed last May. And there he wanted
artificial limbs just so he could go back and
visit the families of the soldiers that he had
lost.
I invited John up to the
graduation. And as the members of the Class
of 2003 took their diplomas and went off the
dais there, they gave their first salute to
1902
John Fernandez. That's the kind of young
people that we have working for us right now.
I would tell you that we are a
nation at war. We're going to win this war;
it's a matter of time. And I just hope that
there is a Tom Brokaw out there 10 or 15 years
ago in the future that can write this story of
this great young generation.
I'd ask you all to come and visit.
I'd ask you all to come and see the cadets and
talk to these great young men and women.
Go Army.
(Applause.)
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Madam President,
could we at this time recognize Senator
Paterson.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Thank you,
Madam President and Majority Leader Bruno.
Those of us here in the Minority
just wanted to lend all of our voices to those
who admire and certainly support the graduates
and know that right here in this chamber some
who preceded them are now in Iraq. They have
1903
volunteered themselves for national service.
They fight and die.
And as Senator Larkin said,
sometimes we focus so much on those who have
lost their lives that we forget about the
actual mission. And the mission for those
volunteers is that whatever the mission is,
they see their need to carry it out. We've
heard countless stories today about those who
were injured, could have left the scene and
couldn't wait to get back and continue the
mission that they fought for.
The reason we do sometimes think
about the loss of life is because of the
incredible sacrifice that people make.
Everything that they dreamed of, everything
that they worked for, everyone they loved is
bartered for what is a higher service that
they feel for this country.
And we couldn't be more admiring or
more flattered to even be able to welcome them
here in the Senate chamber, as we do at this
time every year.
I want to thank Senator Larkin, as
he sponsors this legislation every year, a
1904
person who served this country in many
different places and even was participating in
some of the civil rights struggles right here
in this country. And Senator Larkin doesn't
talk about it much, but it's a great
achievement that he maintained in his life.
And really, though we recognize a
lot of the leaders and lot of the alumni who
stand here today, they are really just the
symbols of just so many who have gone through
West Point Academy and then have distinguished
themselves overseas and at the seas at home.
So I just wanted to thank them all
and wish them well -- we will pray for them in
their careers -- and to say to Captain Chung:
Good luck flying the Black Hawk.
Thank you.
(Applause.)
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Madam President,
I know that General Lennox and the cadets have
some other responsibilities with the Assembly
and with the Governor. And then they're going
to rejoin us here in the Majority Conference
Room for a lunch. And everyone here, of
1905
course, in the chamber will be welcome for
that.
So I would request that we stand at
ease for a few moments while the general and
the cadets take their leave.
THE PRESIDENT: The Senate stands
at ease.
(Whereupon, the Senate stood at
ease at 11:46 a.m.)
(Whereupon, the Senate reconvened
at 11:49 a.m.)
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Thank you, Madam
President. If we could go to the
noncontroversial reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
348, by Senator Kuhl, Senate Print 2060, an
act to amend the Education Law, in relation to
home instruction.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first of July.
1906
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
381, by Senator Volker, Senate Print 5951, an
act to amend the Criminal Procedure Law, in
relation to persons designated as peace
officers.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
421, by Senator Wright, Senate Print 2429A, an
act in relation to granting certain retirement
benefits to certain sheriffs, undersheriffs
and deputy sheriffs.
THE PRESIDENT: There is a
1907
home-rule message at the desk.
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, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
427, by Senator Leibell, Senate Print 1332, an
act to amend the Eminent Domain Procedure Law,
in relation to requiring that a condemnor
serve written notice.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
486, by Senator Padavan --
1908
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
493, by Senator Wright, Senate Print 3423, an
act to amend the Penal Law, in relation to
criminal tampering in the first degree.
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.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
521, by Member of the Assembly Sweeney,
Assembly Print Number 9675, an act to amend
Chapter 572 of the Laws of 1994, amending the
Public Health Law.
THE PRESIDENT: Read the last
section.
1909
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
522, by Senator Hannon, Senate Print 6174, an
act to amend Chapter 884 of the Laws of 1990
amending the Public Health Law.
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, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
523, by Member of the Assembly Gottfried,
Assembly Print Number 10163, an act to amend
Chapter 904 of the Laws of 1984, amending the
Public Health Law and the Social Services Law.
1910
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, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
656, by Senator DeFrancisco, Senate Print
2287, an act to amend the Real Property Law,
in relation to allowing an assignment of
mortgage.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
1911
SENATOR SKELOS: Thank you, Madam
President. If we could go to the
controversial reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
486, by Senator Padavan, Senate Print 37, an
act to amend the Penal Law, in relation to
making citizenship document fraud in the first
degree and second degree Class D and E
felonies, respectively.
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.
(The Secretary called the roll.)
THE PRESIDENT: Senator
Schneiderman, to explain your vote.
SENATOR SCHNEIDERMAN: Thank you,
Madam President, to explain my vote.
I just rise to note that Senator
Tom Duane has voted against this bill in the
past. Today he's presiding over a hearing on
1912
the Rockefeller Drug Laws and the need to
reform our sentencing laws, which as everyone
knows is something Senator Duane feels very
strongly about and is working hard to promote
during this legislative session.
Were he here, I believe he would
vote no, as he has in the past, and I just
want to note that for the record.
I vote yes. Thank you.
THE PRESIDENT: You will be so
recorded as voting in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
controversial reading of the calendar.
SENATOR SKELOS: Thank you. Is
there any housekeeping at the desk?
THE PRESIDENT: No, there isn't,
Senator.
SENATOR SKELOS: There being no
further business to come before the Senate, I
move that we stand adjourned until Monday,
1913
April 26th, at 3:00 p.m., intervening days
being legislative days.
THE PRESIDENT: On motion, the
Senate now stands adjourned until Monday,
April 26th, 3:00 p.m., intervening days being
legislative days.
(Whereupon, at 11:55 a.m., the
Senate adjourned.)