Regular Session - January 31, 2005

    

 
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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

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         6

         7

         8

         9                   ALBANY, NEW YORK

        10                   January 31, 2005

        11                       3:17 p.m.

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        13

        14                    REGULAR SESSION

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        16

        17

        18  LT. GOVERNOR MARY O. DONOHUE, President

        19  STEVEN M. BOGGESS, Secretary

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         1                 P R O C E E D I N G S

         2                  THE PRESIDENT:    The Senate will

         3       please come to order.

         4                  I ask everyone present to please

         5       rise and repeat with me the Pledge of

         6       Allegiance.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  THE PRESIDENT:    In the absence of

        10       clergy, may we bow our heads in a moment of

        11       silence, please.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  THE PRESIDENT:    Reading of the

        15       Journal.

        16                  THE SECRETARY:    In Senate,

        17       Friday, January 28, the Senate met pursuant to

        18       adjournment.  The Journal of Thursday,

        19       January 27, was read and approved.  On motion,

        20       Senate adjourned.

        21                  THE PRESIDENT:    Without

        22       objection, the Journal stands approved as

        23       read.

        24                  Presentation of petitions.

        25                  Messages from the Assembly.



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         1                  Messages from the Governor.

         2                  Reports of standing committees.

         3                  Reports of select committees.

         4                  Communications and reports from

         5       state officers.

         6                  Motions and resolutions.

         7                  Senator Farley.

         8                  SENATOR FARLEY:    Thank you, Madam

         9       President.

        10                  On behalf of Senator Maltese, I

        11       move that the following bill be discharged

        12       from its respective committee and be

        13       recommitted with instructions to strike the

        14       enacting clause:  Senate Print 574.

        15                  THE PRESIDENT:    So ordered.

        16                  Senator Skelos.

        17                  SENATOR SKELOS:    Madam President,

        18       can we have the title read on Resolution 292,

        19       by Senator Morahan, and move for its immediate

        20       adoption.

        21                  THE PRESIDENT:    The Secretary

        22       will read.

        23                  THE SECRETARY:    By Senator

        24       Morahan, Legislative Resolution Number 292,

        25       honoring Sister Marie Callahan for her 75



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         1       years of service as a Dominican Sister.

         2                  THE PRESIDENT:    All in favor

         3       please signify by saying aye.

         4                  (Response of "Aye.")

         5                  THE PRESIDENT:    Opposed, nay.

         6                  (No response.)

         7                  THE PRESIDENT:    The resolution is

         8       adopted.

         9                  Senator Skelos.

        10                  SENATOR SKELOS:    Madam President,

        11       there's a privileged resolution, 293, by

        12       Senator Balboni.  Could we have the resolution

        13       read in its entirety and move for its

        14       immediate adoption.

        15                  THE PRESIDENT:    The Secretary

        16       will read.

        17                  THE SECRETARY:    By Senator

        18       Balboni, Legislative Resolution Number 293,

        19       honoring the members of the New York State

        20       National Guard who provided security during

        21       the elections in Iraq on Sunday, January 30,

        22       2005.

        23                  "WHEREAS, Members of the Armed

        24       Services from the State of New York who have

        25       served so faithfully and courageously in wars



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         1       in which our nation's freedom was at stake, as

         2       well as in the preservation of peace during

         3       peacetime, deserve a special salute from this

         4       Legislative Body; and

         5                  "WHEREAS, The dedication and

         6       sacrifice of our military personnel ensure our

         7       continued role as a nation which embodies the

         8       ideals of democracy and is a defender of

         9       liberty for peoples throughout the world; and

        10                  "WHEREAS, This Legislative Body is

        11       justly proud to honor the members of the

        12       New York State National Guard who provided

        13       security during the elections in Iraq on

        14       Sunday, January 30, 2005; and

        15                  "WHEREAS, There are 5,135 members

        16       of New York State's National Guard who have

        17       been called to serve in Iraq; and

        18                  "WHEREAS, Approximately 4,000 of

        19       those New York National Guard members are

        20       providing protection to Iraqi civilians in

        21       their communities; and

        22                  "WHEREAS, On January 30, 2005,

        23       those brave New York National Guard members

        24       helped to keep order during the first truly

        25       free election in Iraq in half a century; and



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         1                  "WHEREAS, It is estimated that

         2       60 percent of the 14 million eligible Iraqis

         3       voted in those elections, and the commanding

         4       presence of those New York National Guard

         5       members minimized the number of casualties in

         6       this region torn by daily violence; and

         7                  "WHEREAS, Those New York National

         8       Guard members also provide training to Iraqi

         9       security forces dedicated to a peaceful and

        10       free Iraq; and

        11                  "WHEREAS, All New York National

        12       Guard members who served or are serving in

        13       Iraq contribute to the ongoing quest for

        14       stability; now, therefore, be it

        15                  "RESOLVED, That this Legislative

        16       Body pause in its deliberations to honor the

        17       members of the New York State National Guard

        18       who provided security during the elections in

        19       Iraq on Sunday, January 30, 2005, and to

        20       commend those individuals from New York for

        21       their role in promoting worldwide democracy;

        22       and be it further

        23                  "RESOLVED, That a copy of this

        24       resolution, suitably engrossed, be transmitted

        25       to Major General Thomas P. Maguire, Jr.,



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         1       Adjutant General of New York."

         2                  THE PRESIDENT:    Senator Balboni.

         3                  SENATOR BALBONI:    Madam

         4       President, in America we search for things

         5       that we can agree with, and -- at least we

         6       ought to be.  And so oftentimes we talk about

         7       democracy, but only in this country.

         8                  Today is a very historic day,

         9       following one of the most historic days in the

        10       history of the Middle East.  America has met

        11       its promise of taking its resources, its most

        12       valuable and precious resources, and using

        13       them to bring democracy -- not just in word,

        14       but in deed -- to the Middle East.

        15                  Free elections were held yesterday

        16       in Iraq for the first time in 50 years.  Fifty

        17       years.  And the reason why they occurred --

        18       obviously because of the Iraqi people, but

        19       because 4,000 of our fellow residents of this

        20       state put their life in harm's way to provide

        21       security for that election.

        22                  The numbers that are coming in are

        23       still a little sketchy, but it's estimated to

        24       be close to 60 percent of the country's

        25       eligible population voted.  That is



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         1       extraordinary.  And particularly when you

         2       consider the run-up to the election, everybody

         3       saying this was going to be a disaster, you

         4       ought to delay it, you ought to postpone it,

         5       there can't be security, we ought to bow to

         6       the terrorists.  After all, we know what they

         7       want.  They don't really want freedom.  They

         8       can't understand freedom.

         9                  Of course they understand freedom.

        10       And what we've seen is they understand freedom

        11       perhaps as passionately or more passionately

        12       than we do.  How would Americans react if we

        13       had to go to the polls under the gun, with the

        14       threat of violence and death?  Would we go in

        15       60 percent numbers?  But in part that happened

        16       because of the men and women who are serving

        17       in the volunteer armed forces today, making

        18       that sacrifice.

        19                  As chair of the Military Affairs

        20       Committee, I've never been more proud, because

        21       this is something you can't argue with.

        22       Whether you believe Iraq was right or Iraq was

        23       wrong, what you can say is giving people the

        24       right to vote and providing them with the

        25       security necessary to exercise that franchise



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         1       is the greatest gift we can give as a

         2       democracy.  And it is because of the blood,

         3       sweat, and tears of our neighbors and our

         4       constituents that we are able to do this.

         5                  Thank you, Madam President.

         6                  THE PRESIDENT:    Senator Larkin.

         7                  SENATOR LARKIN:    Thank you, Madam

         8       President.  Please excuse my voice.

         9                  You know, Senator Balboni said it

        10       very clearly.  New Yorkers have over 4,000

        11       troops in Iraq.  Probably, since the beginning

        12       of the event, closer to 6,000.  We talk about

        13       the opportunity to vote for the first time in

        14       50 years.  We talk about a constitution.  I

        15       think we ought to take a moment and go back in

        16       history.

        17                  In May of 1945, the Germans

        18       surrendered in Europe.  It took us 4 years to

        19       get a constitution and an organized body in

        20       Germany.  On September 2, 1945, on the U.S.

        21       Missouri, the Japanese surrendered.  It took

        22       us four years to get the Japanese government

        23       in place.

        24                  Now, we talk about all of the

        25       insurgents that went on.  I don't know about



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         1       anybody else in this room, but I know I went

         2       from the Pacific to Japan, and while in Japan

         3       our units were bombarded many, many nights,

         4       many, many days.  Our losses were minimal, but

         5       our property losses were great.

         6                  We are very fortunate; the people

         7       that are in Iraq are all volunteers.  Now,

         8       I've heard people say they didn't volunteer to

         9       go there or volunteer to do this, that or the

        10       other.  You know, last week I talked to two

        11       Army colonels back from Iraq.  It's very clear

        12       that reenlistments are in the 90s, very clear

        13       that these servicemen and women asked to be

        14       part of the armed forces.  And being part of

        15       the armed services is serving where your

        16       country sends you.

        17                  It's a proud profession.  I'm very

        18       proud.  And we ought to be very proud of what

        19       they've accomplished.  Yesterday, that vote,

        20       they did everything.

        21                  All the external people did

        22       everything they could to tear that vote down.

        23       And what happened?  We were successful.  We

        24       were successful because the Iraqi people, not

        25       only in Iraq, but in other parts of the world,



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         1       wanted to show that they wanted freedom.

         2                  You know, if we don't have freedom

         3       there, we won't have freedom here.  I've said

         4       it time and time again, I'd rather fight in

         5       Baghdad than in New York.

         6                  And when I hear people talk about

         7       combat, what bothers me the most is those who

         8       talk about it have never been in combat.  Our

         9       Majority Leader, Senator Bruno, fought in the

        10       35th Infantry Regiment in Korea.  John Marchi

        11       was in it.  Cesar Trunzo.  And I'm very proud

        12       that I was.

        13                  But we should be very proud of what

        14       our men and women did, because they stood up.

        15       They were a part of the new generation to

        16       embrace the world with freedom.

        17                  THE PRESIDENT:    Senator Padavan.

        18                  SENATOR PADAVAN:    Thank you,

        19       Madam President.

        20                  I'd like to associate myself with

        21       the comments made by the previous two speakers

        22       and thank Senator Balboni for introducing this

        23       resolution.  However, I would add something to

        24       it.

        25                  Along with the National Guard,



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         1       there are thousands of Army Reservists

         2       stationed in units throughout New York State

         3       who have been activated and are now in Iraq.

         4       I've attended various ceremonies of these

         5       units as they were leaving at Fort Totten, as

         6       an example, the headquarters of the 77th

         7       Reserve Command.  And I stood there and

         8       watched them say goodbye to their families,

         9       their children, their parents, others that

        10       they knew as they left, departed for Iraq.

        11                  Among those who were activated is a

        12       unit that I served in and commanded many years

        13       ago, the 411th Engineer Brigade.  And that's

        14       the second time for them, because they were

        15       also activated during the Gulf War.

        16                  And you probably don't remember,

        17       but Senator Bonacic introduced a resolution

        18       here last session, late last session, on

        19       behalf of one of the members of that unit who

        20       lost his life there.

        21                  So in addition to the National

        22       Guard, whom we can be very proud of, we should

        23       also be aware that there are equal numbers of

        24       federal Army Reservists serving in Iraq doing

        25       a fantastic job -- medical units, supply



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         1       units, transportation units, engineering units

         2       of all kinds are doing what they were trained

         3       to do.  And in thinking about our Guard, we

         4       should also think about them.

         5                  THE PRESIDENT:    On the

         6       resolution, all those in favor please signify

         7       by saying aye.

         8                  (Response of "Aye.")

         9                  THE PRESIDENT:    Opposed, nay.

        10                  (No response.)

        11                  THE PRESIDENT:    The resolution is

        12       adopted.

        13                  Senator Skelos.

        14                  SENATOR SKELOS:    Madam President,

        15       I believe Senator Balboni wants to open it for

        16       cosponsorship.  If anybody wishes not to

        17       sponsor it, they should notify the desk.

        18                  THE PRESIDENT:    Any member who

        19       does not want to sponsor the last resolution

        20       please notify the desk.

        21                  Senator Skelos.

        22                  SENATOR SKELOS:    Madam President,

        23       if we could go to the noncontroversial reading

        24       of the calendar.

        25                  THE PRESIDENT:    The Secretary



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         1       will read.

         2                  THE SECRETARY:    Calendar Number

         3       4, by Senator Skelos, Senate Print 85 --

         4                  SENATOR SKELOS:    Lay it aside for

         5       the day.

         6                  ACTING PRESIDENT MORAHAN:    The

         7       bill is laid aside for the day.

         8                  THE SECRETARY:    Calendar Number

         9       7, by Senator McGee, Senate Print 752, an act

        10       to amend the Tax Law.

        11                  ACTING PRESIDENT MORAHAN:    There

        12       is a local fiscal impact note at the desk.

        13                  The Secretary will read the last

        14       section.

        15                  THE SECRETARY:    Section 7.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT MORAHAN:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT MORAHAN:

        21       Announce the results.

        22                  THE SECRETARY:    Ayes, 57.

        23                  ACTING PRESIDENT MORAHAN:    The

        24       bill is passed.

        25                  Senator, that completes the reading



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         1       of the noncontroversial calendar.

         2                  SENATOR SKELOS:    Mr. President,

         3       is there any further business at the desk?

         4                  ACTING PRESIDENT MORAHAN:    No

         5       further business at the desk.

         6                  SENATOR SKELOS:    Then on behalf

         7       of Senator Bruno, in consultation with

         8       Minority Leader Paterson, I hand up the

         9       following Minority committee assignments and

        10       ask that they be filed at the desk with the

        11       Clerk.

        12                  ACTING PRESIDENT MORAHAN:    They

        13       will be received and filed in the Journal,

        14       Senator.

        15                  SENATOR SKELOS:    There being no

        16       further business to come before the Senate, I

        17       move we stand adjourned until Tuesday,

        18       February 1st, at 3:00 p.m.

        19                  Before we adjourn, there will be an

        20       immediate meeting of the Rules Committee in

        21       the Majority Conference Room.

        22                  ACTING PRESIDENT MORAHAN:    Okay,

        23       first there's going to be an immediate meeting

        24       of the Rules Committee in the Majority

        25       Conference Room.



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         1                  On motion, the Senate stands

         2       adjourned until Tuesday, February 1st,

         3       3:00 p.m.

         4                  (Whereupon, at 3:33 p.m., the

         5       Senate adjourned.)

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