Regular Session - February 7, 2005
456
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 February 7, 2005
11 3:11 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JAMES L. SEWARD, Acting President
19 STEVEN M. BOGGESS, Secretary
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21
22
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT SEWARD: The
3 Senate will come to order.
4 And I ask everyone present to
5 please rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT SEWARD: The
10 invocation today will be given by the Reverend
11 Peter G. Young, of the Blessed Sacrament
12 Church in Bolton Landing.
13 REVEREND YOUNG: Thank you,
14 Senator.
15 Let us pray.
16 God has given us many different
17 gifts, but it is always Your spirit, O God,
18 that is there to guide our many different ways
19 of serving in this Senate chamber. It is
20 always to you, O God, that You have granted us
21 and granted them to be used for the good of
22 our New York State citizens.
23 God has gifted each member of this
24 great power of this Senate of New York State a
25 unique potential to help their constituents.
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1 Let us take a moment to thank God for their
2 talents and their skills.
3 God, we thank You for these gifts
4 that You have put in this body, unique to each
5 Senator. Let us rejoice in You, O God, who
6 have made us this dedicated group.
7 And we pray too, especially today,
8 for our troops in Iraq and for those places
9 where they're serving our country.
10 We ask You this now and forever.
11 Amen.
12 ACTING PRESIDENT SEWARD: Thank
13 you.
14 The reading of the Journal.
15 THE SECRETARY: In Senate,
16 Friday, February 4, the Senate met pursuant to
17 adjournment. The Journal of Thursday,
18 February 3, was read and approved. On motion,
19 Senate adjourned.
20 ACTING PRESIDENT SEWARD: Without
21 objection, the Journal stands approved as
22 read.
23 Presentation of petitions.
24 Messages from the Assembly.
25 Messages from the Governor.
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1 Reports of standing committees.
2 Reports of select committees.
3 Communications and reports from
4 state officers.
5 Motions and resolutions.
6 Senator Bruno.
7 SENATOR BRUNO: Mr. President, I
8 believe I have a resolution at the desk. I
9 would ask that it be read in its entirety and
10 move for its immediate adoption.
11 ACTING PRESIDENT SEWARD: The
12 Secretary will read.
13 THE SECRETARY: By Senator Bruno,
14 Legislative Resolution Number 365, honoring
15 Sergeant Kenneth F. Comstock, Sergeant Robert
16 C. Hemsing, Jr., and Staff Sergeant Robert J.
17 Griffin upon the occasion of receiving the
18 Purple Heart Medal from Governor George E.
19 Pataki on February 7, 2005.
20 "WHEREAS, The courage and bravery
21 of our military personnel since the United
22 States Armed Forces commenced Operation Iraqi
23 Freedom will ensure our continued role as a
24 nation which embodies the ideals of democracy
25 and as a defender of liberty for people
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1 throughout the world; and
2 "WHEREAS, Members of the Armed
3 Forces from the State of New York, who have
4 served so valiantly and honorably during
5 Operation Iraqi Freedom deserve a special
6 tribute from this Legislative Body; and
7 "WHEREAS, This Legislative Body is
8 justly proud to honor Sergeant Kenneth F.
9 Comstock, Sergeant Robert C. Hemsing, Jr., and
10 Staff Sergeant Robert J. Griffin upon the
11 occasion of receiving the Purple Heart Medal
12 from Governor George E. Pataki at a ceremony
13 held at the State of New York Division of
14 Military and Naval Affairs in Latham,
15 New York, on Monday, February 7, 2005; and
16 "WHEREAS, The Purple Heart Medal is
17 the oldest military decoration in the world in
18 present use and is awarded in the name of the
19 President of the United States to members of
20 the United States military who have been
21 wounded or killed in action. It was created
22 by General George Washington as a way to honor
23 and thank the brave soldiers who fought under
24 his command for the independence of our great
25 nation; and
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1 "WHEREAS, A member of C Company,
2 2nd Battalion, 108th Infantry Regiment based
3 in Glens Falls, New York, Sergeant Kenneth F.
4 Comstock of Ballston Spa, New York, joined the
5 New York State Army Reserve National Guard on
6 July 27, 2000; and
7 "WHEREAS, Sergeant Kenneth F.
8 Comstock has been the recipient of a multitude
9 of awards and certificates of recognition,
10 acknowledging his efforts of in-depth
11 magnitude, including the New York State
12 Defense of Liberty Medal with WTC Device, the
13 Army Service Ribbon, the National Defense
14 Service Medal, the Army Achievement Medal (2nd
15 Award), the Global War on Terrorism Service
16 Medal, the Global War on Terrorism
17 Expeditionary Medal, and the Combat
18 Infantryman's Badge; and
19 "WHEREAS, A member of C Company,
20 2nd Battalion, 108th Regiment based in Glens
21 Falls, New York, Sergeant Robert C. Hemsing,
22 Jr., of South Glens Falls, New York, joined
23 the New York State Army Reserve National Guard
24 on May 24, 2000; and
25 "WHEREAS, Sergeant Robert C.
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1 Hemsing, Jr., has been the recipient of a
2 multitude of awards, honors and certificates
3 of recognition, acknowledging his efforts of
4 in-depth magnitude, including the New York
5 State Defense of Liberty Medal, the Army
6 Service Ribbon, the National Defense Service
7 Medal, the Army Achievement Medal, the Global
8 War on Terrorism Service Medal, the Global War
9 on Terrorism Expeditionary Medal, and the
10 Combat Infantryman's Badge; and
11 "WHEREAS, A member of the 105th
12 Military Police Company, 53rd Troop Command,
13 Staff Sergeant Robert J. Griffin of Albany,
14 New York, joined the New York State Army
15 Reserve National Guard on July 16, 1992; and
16 "WHEREAS, Staff Sergeant Robert J.
17 Griffin has been the recipient of a multitude
18 of awards, honors and certificates of
19 recognition, acknowledging his efforts of
20 in-depth magnitude, including the New York
21 State Aid to Civil Authority (3rd Award), the
22 New York State Medal for Humane Service, the
23 New York State Military Commendation Medal,
24 the Medal for Merit, the New York State
25 Defense of Liberty with WTC Device, the Army
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1 Service Ribbon, the National Defense Service
2 Medal, the Noncommissioned Officer
3 Professional Development Ribbon, the
4 Humanitarian Service Medal, the Army Reserve
5 Component Achievement Medal, the Global War on
6 Terrorism Service Medal, and the Global War on
7 Terrorism Expeditionary Medal; and
8 "WHEREAS, The banner of freedom
9 will always wave over our beloved New York and
10 all of America, the Land of the Free and the
11 Home of the Brave; and
12 "WHEREAS, Residents of this great
13 state must never forget the courage with which
14 these men and women served their country and
15 must recognize that no greater debt is owed
16 than that owed to those who gave their lives
17 for their beloved Nation and to those who
18 continue to be missing in action; and
19 "WHEREAS, The freedoms and security
20 we cherish as Americans come at a very high
21 price for those serving in the military in
22 times of conflict. It is fitting and proper
23 that we, who are the beneficiaries of those
24 who risk their lives, leaving their families
25 behind, express our appreciation and eternal
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1 gratitude for their sacrifices and courageous
2 acts; now, therefore, be it
3 "RESOLVED, that this Legislative
4 Body pause in its deliberations to honor
5 Sergeant Kenneth F. Comstock, Sergeant Robert
6 C. Hemsing, Jr., and Staff Sergeant Robert J.
7 Griffin upon the occasion of receiving the
8 Purple Heart Medal from Governor George E.
9 Pataki on February 7, 2005; and be it further
10 "RESOLVED, That copies of this
11 resolution, suitably engrossed, be transmitted
12 to Sergeant Kenneth F. Comstock, Sergeant
13 Robert C. Hemsing, Jr., and Staff Sergeant
14 Robert J. Griffin."
15 ACTING PRESIDENT SEWARD: Senator
16 Bruno.
17 SENATOR BRUNO: Thank you, Mr.
18 President.
19 You know, we're humbled here in
20 this chamber as we hear a chronicle of three
21 of the so many that have been wounded in Iraq.
22 Three local soldiers who separated from their
23 families, separated from their lives, go over
24 to defend us and the entire free world. And
25 they get hurt, and they get hurt badly. Many
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1 of those recognize that they can be killed,
2 not just injured.
3 Ken Comstock, that you just heard
4 of, used to be in my district. And he went
5 over -- got out of high school, went over, a
6 Humvee blew up, 500 hundred fractures in his
7 skull. And he's been reconstructed.
8 He was one of those of so many that
9 in your districts in this state, throughout
10 this country, are there while we deliberate,
11 while we lead our daily lives, so that we can
12 do that, our families can do that and their
13 families.
14 And when you talk to these
15 soldiers, you talk to these people in the
16 armed forces, they do it gladly, they do it
17 willingly. We had a free election there in
18 Iraq. And they understand that what they're
19 fighting for is freedom, freedom here in the
20 United States, freedom with the free world who
21 are partners in this constant struggle.
22 So we're honored that we could
23 recognize these young gentlemen. And they are
24 hearing this as it is read, this resolution,
25 which will be part of the records here in the
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1 Senate. And we wish them good health, and we
2 wish them only the very best and thank them
3 from the bottom of our hearts. God bless them
4 all, and all the people who serve in the armed
5 forces.
6 Thank you Mr. President.
7 ACTING PRESIDENT SEWARD: Are
8 there any other Senators that wish to be
9 recognized on this resolution?
10 Senator Little.
11 SENATOR LITTLE: Thank you, Mr.
12 President.
13 I had the privilege this morning of
14 standing among these three American heroes and
15 the to witness them being pinned with the
16 Purple Heart. And it was such an honor and
17 privilege and something that I will never
18 forget.
19 I think the thing that struck me
20 the most is here are three men who have severe
21 injuries -- one to the head, one had a severe
22 hand injuries, leg injuries. They've had
23 months of rehabilitation. But the thing that
24 was most impressive was their pride in being
25 part of the National Guard, of being in their
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1 uniform, of standing there, of knowing what
2 they had done and what they had witnessed in
3 Iraq and what had happened as a result of it
4 with the elections that took place last week.
5 Their families were there. The
6 relief and join in the face of their families
7 is something that's unbelievable. And I gave
8 greetings and thanks and gratitude from the
9 entire Senate.
10 But it was a privilege, and I'm
11 sure that we all thank them for everything
12 that they've done and continue to keep in our
13 prayers and good wishes all of those who
14 continue to serve in Iraq.
15 Thank you.
16 ACTING PRESIDENT SEWARD: The
17 question is on the resolution. All those in
18 favor signify by saying aye.
19 (Response of "Aye.")
20 ACTING PRESIDENT SEWARD:
21 Opposed, nay.
22 (No response.)
23 ACTING PRESIDENT SEWARD: The
24 resolution is adopted.
25 Senator Bruno.
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1 SENATOR BRUNO: Mr. President,
2 can we open this resolution for cosponsorship
3 to everyone that's in this chamber.
4 Anyone electing not to join, would
5 you please notify the desk at your
6 convenience. And thank you.
7 Thank you, Mr. President.
8 And while I'm on my feet, I would
9 like to, with unanimous consent, take the
10 pleasure of introducing to you a visitor for
11 the first time here in Albany and this
12 chamber, an ally, a partner here of the United
13 States and of the free world, the
14 Consul-General of the U.K., United Kingdom,
15 Sir Philip Thomas, who joins us here today.
16 And Sir Philip has served the
17 British Consulate for over 30 years. He has
18 the responsibility of presently throughout the
19 whole Northeast, and recognizing about 14
20 different entities that operate on behalf of
21 the U.K. and the United States in partnership.
22 Sir Philip's responsibility relates
23 to trade between the United States and Britain
24 and investments in the United States and
25 Britain. That's an awesome responsibility.
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1 And it's interesting for to us note
2 here in New York that in New York the largest
3 investors here in New York are in the U.K. and
4 the largest investors in the U.K. are from
5 New York.
6 So we appreciate your visit. We
7 appreciate, Sir Philip, the good work that you
8 do. And we especially appreciate the
9 partnership that we have had with you and all
10 of the people in the United Kingdom as you
11 join us in the struggles throughout the world,
12 over the decades and in the centuries past.
13 You have been good partners. And economic
14 development opportunities to earn are really
15 the backbone of your country and our country.
16 So we continue a partnership. We
17 thank you for your visit. And we hope that
18 this will be one of many. Because this is a
19 great place, this capital of the Empire State,
20 and it is wide and varied in terms of all the
21 good things that take place here.
22 So we invite you not just to this
23 chamber and through the Capitol, but to really
24 visit here in upstate with us. Thank you for
25 honoring us with your presence.
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1 Sir Philip Thomas, Mr. President.
2 (Standing ovation.)
3 ACTING PRESIDENT SEWARD: Senator
4 Skelos.
5 SENATOR SKELOS: Mr. President, I
6 believe there's a privileged resolution, 363,
7 by Senator Larkin. Could we have it read in
8 its entirety and move for its immediate
9 adoption.
10 ACTING PRESIDENT SEWARD: The
11 Secretary will read.
12 THE SECRETARY: By Senators
13 Larkin, Bruno and Balboni, Legislative
14 Resolution Number 363, commemorating National
15 Salute to Hospitalized Veterans Week.
16 "WHEREAS, It is the sense of this
17 Legislative Body that those who give positive
18 definition to the profile and disposition of
19 our American manner do so profoundly
20 strengthen our shared commitment to the
21 exercise of freedom; and
22 "WHEREAS, Attendant to such
23 concern, and fully in accord with its
24 long-standing traditions, this Legislative
25 Body is justly proud to commemorate National
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1 Salute to Hospitalized Veterans Week; and
2 "WHEREAS, National Salute to
3 Hospitalized Veterans Week will be celebrated
4 from February 13 through 19, 2005. This is a
5 time to show support to the men and women who
6 have honorably served our country and borne
7 the battle in defending freedom, not only at
8 home but throughout the world; and
9 "WHEREAS, The purpose of the
10 National Salute to Hospitalized Veterans Week
11 is to pay tribute and express appreciation to
12 hospitalized veterans, increase community
13 awareness of the role of the VA medical
14 center, and encourage citizens to visit
15 hospitalized veterans and to become involved
16 as volunteers; and
17 "WHEREAS, Each year, the week of
18 February 14 is an opportunity to say thank you
19 to a special group of men and women, more than
20 98,000 veterans of the United States Armed
21 Services who are cared for every day in
22 Department of Veterans Affairs medical
23 centers, outpatient clinics, domiciliaries and
24 nursing homes; and
25 "WHEREAS, During National Salute to
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1 Hospitalized Veterans Week, the Department of
2 Veterans Affairs invites individuals, veterans
3 groups, military personnel, civic
4 organizations, businesses, schools, local
5 media, celebrities and sports stars to
6 participate in a variety of activities at the
7 VA medical centers, including special ward
8 visits and Valentine distributions, photo
9 opportunities, school essay contests, special
10 recreation activities and veteran recognition
11 programs; and
12 "WHEREAS, National Salute to
13 Hospitalized Veterans Week is a living
14 testament to an indomitable heritage. From
15 its broad base of compassionate concern and
16 responsible endeavor, there yet emanate the
17 current of valiant tradition and the
18 irrepressible tide of freedom; and
19 "WHEREAS, Through its avowed
20 commitment to the veterans of our Nation,
21 those who volunteer at our Nation's veterans
22 medical centers have so demonstrably advanced
23 that spirit of united purpose and shared
24 concern which is the unalterable manifestation
25 of our American experience; now, therefore, be
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1 it
2 "RESOLVED, That this Legislative
3 Body pause in its deliberations and most
4 proudly commemorate National Salute to
5 Hospitalized Veterans Week, fully confident
6 that such procedure mirrors our shared
7 commitment to preserve, to enhance and to yet
8 effect that patrimony of freedom which is our
9 American heritage; and be it further
10 "RESOLVED, That copies of this
11 resolution, suitably engrossed, be transmitted
12 to the Department of Veterans Affairs, VA
13 Health Care Systems and VA Medical Centers
14 throughout the State of New York."
15 ACTING PRESIDENT SEWARD: Senator
16 Larkin.
17 SENATOR LARKIN: Thank you, Mr.
18 President.
19 You know, each year the third week
20 in February is set aside to honor veterans
21 hospitalized. You know, we have 98,000
22 veterans across this country in nursing homes
23 within the VA installations.
24 A good example of the appreciation
25 was shown last night during the commercials on
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1 the Super Bowl. It showed there a picture of
2 combat veterans, men and women, coming off an
3 aircraft. And a small round of applause, and
4 very shortly it was big, everybody standing,
5 showing appreciation to those who have
6 rendered service in combat for their country.
7 But, you know, the purpose of this
8 resolution isn't just to pass something out.
9 It's truly to say to some of our members, men
10 and women from the Army, Navy, Air Force,
11 Active Reserves, how much we appreciate for
12 what they do.
13 You don't have to be in combat to
14 appreciate them. You need to go to a veterans
15 hospital and see some of the men and women
16 that are there that have made a sacrifice for
17 you and I.
18 And what I think is this salute is
19 very important. Because it says it all, that
20 we're here, safe, because you made a sacrifice
21 for us.
22 Thank you, Mr. President.
23 ACTING PRESIDENT SEWARD: Are
24 there any other Senators that wish to be heard
25 on this resolution?
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1 Hearing none, the question is on
2 the resolution. All in favor signify by
3 saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT SEWARD:
6 Opposed, nay.
7 (No response.)
8 ACTING PRESIDENT SEWARD: The
9 resolution is adopted.
10 Senator Larkin.
11 SENATOR LARKIN: Can we open it
12 up for everyone.
13 ACTING PRESIDENT SEWARD:
14 Certainly.
15 Senator Skelos.
16 SENATOR SKELOS: If a member does
17 not wish to sponsor it, they should notify the
18 desk.
19 ACTING PRESIDENT SEWARD: Any
20 member who does not wish to cosponsor the
21 resolution should notify the desk.
22 Senator Skelos.
23 SENATOR SKELOS: At this time if
24 you could take up Privileged Resolution 335,
25 by Senator Montgomery, have it read in its
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1 entirety, and move for its immediate adoption.
2 ACTING PRESIDENT SEWARD: The
3 Secretary will read.
4 THE SECRETARY: By Senator
5 Montgomery, Legislative Resolution Number 335,
6 memorializing Governor George E. Pataki to
7 proclaim February 2005 as Black History Month
8 in the State of New York.
9 "WHEREAS, In recognition of the
10 rich and diverse contributions of African
11 Americans, a joyful month-long celebration is
12 held each February across New York State and
13 across America to pay tribute to our African
14 American brothers and sisters; and
15 "WHEREAS, The idea for an
16 observance honoring the accomplishment of
17 African Americans was proposed by Dr. Carter
18 G. Woodson, the founder of the Association for
19 the Study of African American Life and
20 History, and known as the Father of Black
21 History; and
22 "WHEREAS, In 1926, Dr. Carter G.
23 Woodson chose the second week in February to
24 observe Negro History Week because it included
25 the birthdays of Frederick Douglass and
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1 Abraham Lincoln; and
2 "WHEREAS, During the early 1970s,
3 Negro History Week became known as Black
4 History Week, and in 1976 the week-long
5 observance was extended to the entire month of
6 February, in order to have enough time for
7 celebratory programs and activities, and
8 established as Black History Month; and
9 "WHEREAS, Holding Black History
10 Month during February is especially
11 significant due to the large number of notable
12 contributions to black history that occurred
13 during this month over the years; and
14 "WHEREAS, Jefferson Franklin Long
15 became the first black person to speak in the
16 House of Representatives as a congressman,
17 1871. Black college students staged a sit-in
18 at a segregated lunch counter in Greensboro,
19 North Carolina, beginning the first of the
20 historic sit-ins of the 1960s. Ida B. Wells,
21 reformer who first gathered statistical
22 records on lynching in the U.S., commemorated
23 on a postage stamp, 1990. Ernest E. Just,
24 biologist, received the Spingarn Medal for
25 pioneering research on fertilization and cell
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1 division, 1914. The 15th Amendment, providing
2 for black suffrage, ratified 1870. Jack
3 Johnson, first black heavyweight champion, won
4 the 'Negro Heavyweight Title,' 1903. The 24th
5 Amendment, abolishing the poll tax, ratified
6 1864. Avowed white supremacist Byron de la
7 Beckwith is convicted of the Medgar Evers
8 murder, more than 36 years after he was shot
9 in the back from ambush, 1944. The Peabody
10 Fund is established to promote black education
11 in the South, 1867. Erwin C. Mollison
12 appointed judge of the United States Customs
13 Court by President Truman, 1945. Martin
14 Luther King, Jr., meets with President Lyndon
15 Johnson to discuss black voting rights, 1965.
16 Leroy 'Satchel' Paige elected to the Baseball
17 Hall of fame, 1971. Bernard Harris, first
18 black astronaut to take a spacewalk,
19 dedicating it to the achievements of all
20 African Americans, 1995. Andrew Brimmer is
21 appointed the first black person to serve on
22 the Federal Reserve Board, 1966. Clifford
23 Alexander, Jr., becomes the first black
24 Secretary of the Army, 1977. Nelson Mandela,
25 South African American president and political
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1 activist, released from prison after 27 years,
2 1990. NAACP founded after riot in
3 Springfield, Illinois, 1909. John L. Searles
4 becomes the first black member of the New York
5 Stock Exchange, 1970. U.S. and African
6 American nationalists protesting the slaying
7 of Congo premier Patrice Lumumba disrupted
8 U.N. session, 1961. Frederick Douglass
9 elected president of Freedom Bank & Trust,
10 1857. W.E.B. Dubois organized the first
11 Pan-African American Congress, 1919. Malcolm
12 X assassinated, 1965. Adam Clayton Powell,
13 Jr., activist and chairman of the House
14 Committee on Education and Labor, denied his
15 congressional seat, 1967. And Debi Thomas,
16 figure skater, became the first black American
17 to win a medal at the Winter Olympics, 1988;
18 and
19 "WHEREAS, Black History Month is a
20 time to reflect on the struggles and victories
21 of African Americans throughout our country's
22 history and to recognize their numerous
23 valuable contributions to the protection of
24 our democratic society in war and in peace;
25 and
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1 "WHEREAS, It is the sense of this
2 Assembled Body to commend the African American
3 community for preserving for future
4 generations its centuries-old traditions that
5 benefit us all and add to the color and beauty
6 of the tapestry which is our American society;
7 now, therefore, be it
8 "RESOLVED, That this Legislative
9 Body pause in its deliberations to memorialize
10 Governor George E. Pataki to proclaim
11 February 2005 as Black History Month in the
12 State of New York; and be it further
13 "RESOLVED, That a copy of this
14 resolution, suitably engrossed, be transmitted
15 to The Honorable George E. Pataki, Governor of
16 the State of New York."
17 ACTING PRESIDENT SEWARD: Senator
18 Montgomery.
19 SENATOR MONTGOMERY: Yes, Mr.
20 President. Thank you very much.
21 And I want to thank my colleagues.
22 I think everyone in the Legislature has
23 already indicated that they would like to be a
24 cosponsor. I am very appreciative of that.
25 This is a very important time to
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1 reflect on this particular slice of American
2 history for us. And thankfully we have this
3 month designated to do that, but many of us
4 think about it every day all year.
5 And for me, I celebrate seven
6 generations of my own family. And I have been
7 trying to trace the history of my family. It
8 began for me, the knowledge that I have of it,
9 when the members that I can identify, my
10 great-great-grandparents, were born during
11 slavery and my great-grandparents were
12 essentially born just before slavery ended or
13 immediately thereafter.
14 So it's significant, especially for
15 me and I think probably for many, many people
16 on both sides of the aisle and in many
17 generations before and after, because this
18 part of American history has very much to do
19 with shaping America.
20 The Civil War was fought around the
21 issue of slavery, and much of our political
22 movement from that point forward, up until
23 now, had to do with the issue of what do we do
24 to equal -- to make America live up to the
25 original dream of the people who wrote the
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1 first Constitution. And that is, we should
2 have equal opportunity for all people.
3 I appreciate the fact that we have
4 a history to look back on. So many people
5 have significant contributions to our country,
6 many of them scientists and people who have
7 discovered very important aspects of
8 technology.
9 I think about Elijah McCoy, who was
10 an engineer and an inventor and invented
11 aspects of the lubrication of the steam
12 engine, which makes it possible for our trains
13 to work efficiently even until today.
14 From people who have been involved
15 in politics, like Shirley Chisholm, our own
16 hero of our own state, Shirley Chisholm, who
17 was the first African American woman brave
18 enough to run for president; Jackie Robinson
19 and Wilma Rudolph; a number of people who have
20 been involved in sports, in politics, in every
21 aspect of American history and development.
22 Not to mention the fact that
23 African Americans have played a very
24 significant role in military service across
25 the board and have shown absolutely unwavering
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1 patriotism and loyalty to the American ideals.
2 Even when they went away to fight and came
3 back to face the harsh reality of unequal
4 treatment in America, they still have
5 maintained and remain extremely loyal to
6 America.
7 In every aspect of our lives --
8 politically, economically, social -- we have
9 been able to advance despite the fact that we,
10 as African Americans, came to America as
11 servants and served for hundreds of years
12 without any pay and without being treated even
13 as humans.
14 This is also, however, a time to
15 reflect on the fact that there have been a
16 number of people, especially white
17 Americans -- European Americans, I should
18 say -- who have been part and parcel of a
19 struggle for freedom in every aspect, from the
20 idea of the slave revolts right on up until
21 today, when we still have a number of people
22 who are totally committed, even though they
23 are not African American, they remain totally
24 committed to the concept and the idea that
25 America should offer an equal opportunity to
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1 all people.
2 So I'm grateful for a moment. I
3 thank you for reading the resolution for us.
4 And I thank all of my colleagues for signing
5 on to cosponsor, most of them not African
6 American Americans.
7 And I would certainly say that any
8 of my colleagues who would like to be on --
9 just symbolically, it's very meaningful -- I
10 would invite you to join me in this small
11 celebration of the slice of America that is
12 reflected in the African American community
13 and contribution.
14 Thank you, Mr. President.
15 ACTING PRESIDENT SEWARD: Senator
16 Marchi.
17 SENATOR MARCHI: I just want to
18 congratulate the Senator for introducing this
19 resolution. What it tells the whole world,
20 it's a vehicle for a proclamation that we in
21 this country are all members of the same
22 family. And we're very proud of the fact that
23 the members of this family come from the
24 continents throughout the globe.
25 This is a message of civility.
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1 This is a message of love. This is a message
2 of the unity of the human family. And I'm
3 very grateful, Senator, that you introduced
4 this. And I believe that as many of us that
5 can support this join in the hope that it
6 augments the message that you are sending.
7 And I don't care whether they're in
8 Australia or in South America or in Asia.
9 Wherever they are, they should know that we
10 have a very deep and respecting love and
11 affection for the members of our community, as
12 they come from the entire world.
13 So I think you've performed a very
14 distinctive, highly American method and
15 vehicle for us to join and tell the world just
16 how we feel.
17 ACTING PRESIDENT SEWARD: Any
18 other Senators wish to be heard on this
19 resolution?
20 The question is on the resolution.
21 All in favor signify by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT SEWARD:
24 Opposed, nay.
25 (No response.)
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1 ACTING PRESIDENT SEWARD: The
2 resolution is adopted.
3 Senator Skelos.
4 SENATOR SKELOS: Mr. President,
5 if any member wishes not to sponsor it, they
6 should notify the desk.
7 At this time there's a privileged
8 resolution, 364, by Senator Volker. I ask
9 that it be read in its entirety and move for
10 its immediate adoption.
11 ACTING PRESIDENT SEWARD: The
12 Secretary will read.
13 THE SECRETARY: By Senator
14 Volker, Legislative Resolution Number 364,
15 commending Marine Corporal Mark P. O'Brien,
16 who was severely wounded while giving our
17 nation heroic military service during
18 Operation Iraqi Freedom.
19 "WHEREAS, The courage and bravery
20 of our military personnel since the United
21 States Armed Forces commenced Operation Iraqi
22 Freedom will ensure our continued role as a
23 nation which embodies the ideals of democracy,
24 and as a defender of liberty for people
25 throughout the world; and
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1 "WHEREAS, Members of the Armed
2 Services from the State of New York who have
3 served so valiantly and honorably during
4 Operation Iraqi Freedom deserve a special
5 salute from this Assembled Body; and
6 "WHEREAS, This Assembled Body is
7 justly proud to commend Marine Corporal Mark
8 P. O'Brien, who was severely wounded while
9 giving our nation heroic military service
10 during Operation Iraqi Freedom; and
11 "WHEREAS, Corporal Mark P. O'Brien,
12 a former lacrosse star at Iroquois Central
13 High School, was in his first semester
14 studying criminal justice at Erie Community
15 College when his best friend graduated from
16 Marine boot camp in 2001. And that, coupled
17 with the 9/11 tragedy, prompted him to join
18 the United States Marine Corps; and
19 "WHEREAS, He is glad to have made
20 this decision and is proud to have fought for
21 Iraq's freedom. Above all else, he cherishes
22 the friendships he made and has no regrets;
23 and
24 "WHEREAS, Sunday, November 7, 2004,
25 was a sunny, humid day in Ramadi, a provincial
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1 capital in the insurgent-infested Sunni
2 Triangle. Corporal Mark P. O'Brien and the
3 other men of Golf Company, Second Battalion,
4 Fifth Marine Regiment, could feel the danger
5 all around them; and
6 "WHEREAS, This tour of duty seemed
7 so different than their first tour of duty in
8 Iraq in the spring of 2003, when Corporal
9 O'Brien's unit swept up the Euphrates Valley
10 toward Baghdad, encountering little
11 resistance; and
12 "WHEREAS, As Corporal O'Brien and
13 his comrades worked to clear a major supply
14 route in Ramadi, they drove headlong into an
15 ambush. He was in the lead car of a convoy of
16 about 18 vehicles, sitting in back on the
17 passenger side, when a roadside bomb went off;
18 and
19 "WHEREAS, When the smoke cleared,
20 Corporal O'Brien could see that the side road
21 they were driving down, code-named 'Ice
22 Cream,' was lined with explosives. His
23 vehicle was not damaged, but the second one in
24 the convoy was hit, and that brought the
25 convoy to a complete halt; and
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1 "WHEREAS, He was assigned to check
2 out a nearby alleyway. And, as he peered
3 through his rifle scope, he saw the enemy
4 taking aim at him with a rocket-propelled
5 grenade. Corporal O'Brien pulled the trigger,
6 felt himself blasted back into the Humvee, and
7 his world went white; and
8 "WHEREAS, Medic McDonnell,
9 nicknamed 'Doc,' did more than comfort his
10 friend, he saved Corporal O'Brien's life; and
11 "WHEREAS, Corporal O'Brien's
12 spirit, character and strength, which will
13 most certainly propel him back into the
14 mainstream of life with the help of his
15 family, especially his parents, Erie County
16 Sheriff's Deputy David M. O'Brien and his
17 wife, Gale; and
18 "WHEREAS, Corporal O'Brien chose
19 Gunnery Sergeant William Bodette, Jr., his
20 boot camp drill sergeant, to present Corporal
21 O'Brien his Purple Heart because he feels a
22 strong bond with the man who made him a
23 Marine; and
24 "WHEREAS, The banner of freedom
25 will forever wave over our beloved New York
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1 State and all of America, the Land of the Free
2 and the Home of the Brave, because of the
3 devotion to duty and sacrifices made by young
4 Americans like Corporal O'Brien, bravely
5 serving our nation; and
6 "WHEREAS, Residents of this great
7 State must never forget the courage with which
8 these men and women served their country, and
9 must recognize that no greater debt is owed
10 than that owed to those who have died or
11 suffered grievous wounds for their beloved
12 nation, and to those who continue to be
13 missing in action; and
14 "WHEREAS, The freedoms and security
15 we cherish as Americans come at a very high
16 price for those serving in the military in
17 times of conflict. It is fitting and proper
18 that we who are the beneficiaries of the
19 courage of those who risked their lives,
20 leaving their families behind, express our
21 appreciation and eternal gratitude for their
22 sacrifices and courageous acts; now,
23 therefore, be it
24 "RESOLVED, That this Legislative
25 Body pause in its deliberations to commend
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1 Marine Corporal Mark P. O'Brien, who was
2 severely wounded while giving our nation
3 heroic military service during Operation Iraqi
4 Freedom; and be it further
5 "RESOLVED, That a copy of this
6 resolution, suitably engrossed, be transmitted
7 to Corporal Mark P. O'Brien."
8 ACTING PRESIDENT SEWARD: Senator
9 Volker.
10 SENATOR VOLKER: Mr. President,
11 very briefly.
12 I really did not know Corporal
13 O'Brien. I know his family quite well. His
14 father is a sheriff's deputy. Although in
15 keeping, I guess, with my advancing age, his
16 grandmother, Leona O'Brien, I've known for
17 many, many years, who was the Democratic
18 leader of the town of Marilla. An excellent,
19 wonderful person, even though we were
20 politically on different sides.
21 This young gentleman, by the way,
22 has already spoken out. And like me, he
23 believes the Iraqi freedom fight is really a
24 fight that is keeping away from the terrorists
25 from this country and they're all concentrated
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1 over there, trying to prove what happens when
2 America goes into places for freedom.
3 I think that the men and women of
4 this country have never shown any more courage
5 than they've shown in Iraq. And Mark is, as
6 far as we're concerned in Western New York --
7 and we've lost a number of people -- is very
8 representative of those people.
9 And we can say all we want about
10 9/11, but I want to warn everyone that many
11 expected -- and Senator Balboni is to my left
12 here, and we talked about that. We are very,
13 very surprised there has not been another
14 attack.
15 Personally, I am convinced if we
16 were not in Iraq we would have been hit
17 already. Because we're fighting a battle for
18 freedom there whether we like it or not. And
19 the United States of America is a country
20 that's never going to be loved. And I think
21 it was Teddy Roosevelt that said it: they'll
22 always respect us, but they'll never love us.
23 But gentlemen like Mark O'Brien are
24 the kind of people who make this country
25 great.
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1 And I would just like to say that
2 obviously everybody is welcome to be on the
3 resolution, with the usual understanding that
4 if you don't wish to be on it, you can say no.
5 ACTING PRESIDENT SEWARD: The
6 question is on the resolution. All in favor
7 signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT SEWARD:
10 Opposed, nay.
11 (No response.)
12 ACTING PRESIDENT SEWARD: The
13 resolution is adopted.
14 Senator Morahan.
15 SENATOR MORAHAN: Anyone not
16 wishing to be on the resolution please notify
17 the desk.
18 And I would assume that's the same
19 with Senator Montgomery's resolution as well.
20 ACTING PRESIDENT SEWARD: In all
21 cases, the resolutions will be open for
22 cosponsorship. If you do not wish to be a
23 cosponsor, please notify the desk.
24 Senator Morahan.
25 SENATOR MORAHAN: Could we return
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1 now, Mr. President, to reports of standing
2 committees. I believe there's a report from
3 the Insurance Committee at the desk.
4 ACTING PRESIDENT SEWARD: The
5 Secretary will read the reports of standing
6 committees.
7 THE SECRETARY: Senator Seward,
8 from the Committee on Insurance, reports the
9 following bill direct to third reading:
10 Senate Print 1815, by the Senate
11 Committee on Rules, an act to amend the
12 Insurance Law.
13 ACTING PRESIDENT SEWARD: So
14 ordered to third reading.
15 Senator Morahan.
16 SENATOR MORAHAN: Yes, Mr.
17 President. Is there any housekeeping at the
18 desk?
19 REVEREND YOUNG: There is no
20 housekeeping.
21 SENATOR MORAHAN: Since there is
22 no housekeeping at the desk, then I would move
23 that the Senate stand adjourned until Tuesday,
24 February 8th, at 3:00 p.m.
25 ACTING PRESIDENT SEWARD: On
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1 motion, the Senate stands adjourned until
2 Tuesday, February 8th, at 3:00 p.m.
3 (Whereupon, at 3:55 p.m., the
4 Senate adjourned.)
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