Regular Session - April 6, 2005
1878
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 6, 2005
11 11:18 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
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21
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25
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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: With us this
10 morning to give the invocation is Father Edson
11 J. Wood, O.S.A., United States Corps of Cadets
12 chaplain at Most Holy Trinity Chapel, in
13 West Point.
14 FATHER WOOD: Friends, will you
15 pray with me.
16 Almighty God, we pray You guide
17 this great state and those who lead it, defend
18 always our liberties, save us from violence
19 and discord, from pride and arrogance.
20 In the time of our prosperity,
21 temper our self-confidence with thankfulness.
22 And, in the day of trouble, let our trust in
23 You never fail.
24 Look, too, with Your generous
25 bounty on West Point, which is to be honored
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1 here today. We pray You to make all those who
2 are associated with her into men and women for
3 whom "duty, honor, country" becomes and
4 remains a way of life.
5 Let this West Point Day be for all
6 of us a happy reminder and a serious
7 challenge, a reminder of past glories and a
8 challenge to keep our motives pure, our goals
9 high, and our vision clear.
10 Our prayer this day comes from
11 hearts that are open to You, eternal God. And
12 we ask these things in Your name, which is
13 mighty.
14 Amen.
15 THE PRESIDENT: Reading of the
16 Journal.
17 THE SECRETARY: In Senate,
18 Tuesday, April 5, the Senate met pursuant to
19 adjournment. The Journal of Monday, April 4,
20 was read and approved. On motion, Senate
21 adjourned.
22 THE PRESIDENT: Without
23 objection, the Journal stands approved as
24 read.
25 Presentation of petitions.
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1 Messages from the Assembly.
2 Messages from the Governor.
3 Reports of standing committees.
4 Reports of select committees.
5 Communications and reports from
6 state officers.
7 Motions and resolutions.
8 Senator Bruno.
9 SENATOR BRUNO: Madam President,
10 I believe that there is a privileged
11 resolution at the desk by Senator Larkin. I
12 would ask that that resolution be read in its
13 entirety and move for its immediate passage.
14 THE PRESIDENT: The Secretary
15 will read.
16 THE SECRETARY: By Senator
17 Larkin, Legislative Resolution Number 1273,
18 memorializing Governor George E. Pataki to
19 proclaim April 6, 2005, as West Point Day in
20 New York State.
21 "WHEREAS, This Legislative Body is
22 justly proud to celebrate the establishment of
23 the United States Military Academy at West
24 Point and to call upon Governor George E.
25 Pataki to proclaim April 6, 2005, as
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1 West Point Day in the State of New York; and
2 "WHEREAS, By an act of Congress on
3 March 16, 1802, the United States Military
4 Academy was established within the borders of
5 New York State, on the banks of the Hudson
6 River; and
7 "WHEREAS, The Academy and its
8 graduates are an integral part of the proud
9 history of this State and Nation; and
10 "WHEREAS, The leadership and
11 sacrifices of the members of the Long Gray
12 Line have helped this country withstand
13 countless threats to our cherished democratic
14 way of life; and
15 "WHEREAS, The alumni have excelled
16 not only on the battlefield but in many fields
17 of endeavor; and
18 "WHEREAS, The Academy continues to
19 provide our country with able and dedicated
20 future leaders; and
21 "WHEREAS, Its scenic campus is a
22 mecca each year for thousands of visitors from
23 across our State, continent and other
24 countries; and
25 "WHEREAS, The United States
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1 Military Academy is in the forefront of our
2 state's outstanding institutions of higher
3 learning; and
4 "WHEREAS, Fifty-three years ago the
5 late James T. McNamara, then a member of the
6 New York State Assembly and a member of the
7 Academy's class of 1939, was the author of the
8 State Legislature's first 'West Point Day'
9 resolution; and
10 "WHEREAS, For decades, our Nation
11 has enjoyed the legacy of freedom, and the
12 United States Military Academy at West Point
13 has played a vitally significant role in the
14 maintenance of peace and freedom; and
15 "WHEREAS, The members of this
16 Legislative Body are proud to commemorate this
17 event, marking April 6, 2005, as West Point
18 Day in the State of New York; now, therefore,
19 be it
20 "RESOLVED, That this Legislative
21 Body pause in its deliberations to celebrate
22 the establishment of the United States
23 Military Academy at West Point and to
24 memorialize Governor George E. Pataki to
25 proclaim April 6, 2005, as West Point Day in
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1 the State of New York; and be it further
2 "RESOLVED, That a copy of this
3 resolution, suitably engrossed, be transmitted
4 to the Honorable George E. Pataki, Governor of
5 the State of New York."
6 THE PRESIDENT: Senator Bruno.
7 SENATOR BRUNO: Thank you, Madam
8 President and colleagues.
9 It's really an honor, truly an
10 honor and a pleasure for me to stand and
11 welcome you, General, Lieutenant General
12 William J. Lennox, Jr., as you heard, who has
13 been in charge, the man in charge since June
14 of 2001.
15 Just think about an accomplishment
16 in a person's life, graduating from West Point
17 in '71 and, years later, being the man in
18 charge.
19 He's accompanied by First Captain
20 Ryan Boeka, who is from Amarillo, Texas. And
21 the first captain is one individual out of the
22 several thousands who -- 4,000,
23 approximately -- who distinguishes himself as
24 being the man, the man in charge.
25 Now, with the general commanding
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1 one of the most respected and best known
2 institutions in the world. West Point is
3 legendary. You heard some of the history. We
4 don't have to go on, we don't have time to
5 review the history. But there isn't a man,
6 woman or child that doesn't recognize that
7 West Point produces the leaders of the world.
8 The leaders who go out to Afghanistan, to
9 Iraq, to you name it, to distant places.
10 For what purpose? To expand the
11 freedoms that we have here in this country, to
12 protect those that can't protect themselves,
13 to keep people from afflicting pain and
14 suffering. And that's your charge, and that's
15 your duty. And you do it proudly.
16 You know, again, as a kid, you
17 remember, some people were aspiring to go to
18 West Point. Well, I'll tell you the truth. I
19 never aspired to go to West Point. You know
20 why? Because I didn't have a prayer. Okay?
21 I couldn't get that physically fit, I wasn't
22 that smart, I didn't have it that together.
23 That's what you are. You are
24 singled out by your peers, and you are
25 selected almost in -- to be unique in your own
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1 communities.
2 So when I say I'm proud to welcome
3 you here on behalf of the Senate, we are
4 proud. Proud of what you've done so far to
5 get to where you are and what you will be
6 doing as you move on with your lives. What
7 you will be doing. You will be making history
8 as you go on.
9 And, General, you have truly been
10 distinguished as a leader, doing all of the
11 right kinds of things and reaching out.
12 And, Chaplain Wood, we appreciate
13 your opening prayer and saying the right
14 words, because these are times that are very
15 challenging, very trying.
16 And all of us know that no matter
17 how good you are, you need to relate to
18 another power. And that other power is really
19 where our strength and our spirit and our
20 courage comes from.
21 I want to mention Mike Breslin.
22 He's the county executive in Albany. And
23 there's four or five of the cadets from
24 Albany. He is the brother of Senator Neil
25 Breslin here. And his brother is ranking in
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1 Finance. He happens to be on the wrong side
2 of the aisle. But you know what? We love him
3 anyway.
4 (Laughter.)
5 SENATOR BRUNO: And his
6 brother -- where's Mike? Mike was a major in
7 the infantry, graduating from West Point.
8 Now, that is huge. And what a preparation to
9 be county executive of the capital county of
10 New York State. I knew he had something great
11 going for him, and now I know: it's his
12 background at West Point.
13 You can go on to do anything with
14 your lives that you want to do. And we here
15 are proud, your families are proud, your
16 neighbors are proud. Your country is proud.
17 So thank you all for being here, and God bless
18 you.
19 (Standing ovation.)
20 THE PRESIDENT: Senator Wright.
21 SENATOR WRIGHT: Thank you, Madam
22 President.
23 And thank you, Majority Leader
24 Bruno, for your outstanding remarks and
25 support for the cadets of the United States
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1 Military Academy.
2 As my colleagues know, our
3 colleague Senator Larkin is recovering and as
4 a result does not have a voice. So I've had
5 the honor of being chosen to serve as his
6 voice this morning. And it's a particularly
7 great opportunity for me, by virtue of the
8 fact that I have occasion to represent the
9 10th Mountain Division at Fort Drum in my own
10 home district.
11 So I look forward to not replacing
12 Senator Larkin, because his long history of
13 West Point Days and his own career in the U.S.
14 military speaks for itself, but I'm pleased to
15 serve on his behalf today.
16 And on behalf of Senator Larkin,
17 it's an honor and a privilege to offer before
18 this house a resolution recognizing the United
19 States Military Academy at West Point.
20 I also would like to welcome the
21 56th superintendent of the United States
22 Military Academy, Lieutenant General William
23 J. Lennox, Jr. I also welcome General
24 Lennox's staff, distinguished members of the
25 West Point Society, native New Yorkers who are
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1 visiting the Senate, and, most of all, the
2 cadets who are joining us here today.
3 The Long Gray Line began in Orange
4 County, New York, over 200 years ago and is
5 one of the most prominent aspects of our
6 state's history. A true national treasure and
7 historic site, the United States Military
8 Academy at West Point is America's oldest
9 continuously garrisoned military installation,
10 the nation's first engineering school, and the
11 home of the United States Corps of Cadets
12 since 1802.
13 Members of the Long Gray Line
14 include two U.S. presidents, four of five of
15 the army's five-star generals, the architect
16 and builder of the Panama Canal, the first
17 American to walk in space, two astronauts who
18 manned the first lunar landing,
19 80 Congressional Medal of Honor recipients,
20 82 Rhodes Scholars, three Heisman Trophy
21 winners, as well as innumerable leaders in
22 government, the arts, science, industry and
23 education.
24 Since the Academy's beginning,
25 New York State has been called home by such
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1 military leaders as Ulysses S. Grant, Robert
2 E. Lee, Douglas MacArthur, Dwight D.
3 Eisenhower, George Patton, and Norman
4 Schwarzkopf. These leaders shared in the
5 knowledge that the strength of the United
6 States military must rest on a solid
7 foundation composed of individual honor and
8 integrity.
9 Madam President, it is appropriate
10 that this house give special recognition today
11 to another very distinguished West Point
12 graduate, Lieutenant General William Lennox.
13 General Lennox grew up in Yonkers and
14 graduated from Cardinal Hayes High School in
15 the Bronx.
16 He first served his country in a
17 wide variety of field assignments. He has
18 also served in many key staff operational
19 positions in our nation's capital, including
20 special assistant to the Secretary of the
21 Army.
22 In addition, General Lennox has
23 served as deputy commanding general and
24 assistant commandment of the U.S. Army Field
25 Artillery Center, chief of staff of the Third
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1 Corps at Fort Hood and Combined Forces
2 Command, United States Forces, Korea, and
3 Deputy Commanding General, Eighth United
4 States Army.
5 We also give special recognition
6 today to the Corps of Cadets, the future
7 leaders of the United States Army. I now have
8 the pleasure, Madam President, of introducing
9 the New York State contingent of the United
10 States Military Academy Corps of Cadets, led
11 by Brigade Commander, First Captain of Cadets
12 Ryan Boeka, of Amarillo, Texas.
13 Please rise.
14 (Applause.)
15 SENATOR WRIGHT: I would like to
16 ask each cadet to rise as they're introduced,
17 and that way they may be acknowledged by the
18 Senate.
19 I would also like to take a brief
20 opportunity to point out to the gallery,
21 because we have several classes of students
22 here visiting today, that the group that we're
23 going recognize in just a second, this group
24 of cadets, is truly some of America's best,
25 brightest and bravest, and something each of
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1 you can aspire to and appreciate, the
2 dedication, the commitment and service that
3 they are going to share with this nation.
4 We're very proud of these young men
5 and women, and we're very glad that you're
6 here to share this day with us.
7 I would ask that each cadet stand
8 when his or her name is read so that they may
9 be acknowledged by the Senate.
10 Once again, Cadet First Captain
11 Ryan Boeka, Amarillo, Texas.
12 (Applause.)
13 SENATOR WRIGHT: Cadet E.
14 Christopher Beeler, Albany.
15 (Applause.)
16 SENATOR WRIGHT: Cadet Andrew
17 Bigelow, Hudson Falls.
18 (Applause.)
19 SENATOR WRIGHT: Cadet Andrew
20 Byers, Clarence.
21 (Applause.)
22 SENATOR WRIGHT: Cadet Matthew
23 Carney, Albany.
24 (Applause.)
25 SENATOR WRIGHT: Cadet Clayton
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1 Carpenter, Cortland Manor.
2 (Applause.)
3 SENATOR WRIGHT: Cadet John R.
4 Davis, Delmar.
5 (Applause.)
6 SENATOR WRIGHT: Cadet Patrick
7 Howlett, West Islip.
8 (Applause.)
9 SENATOR WRIGHT: Cadet Heba Mair,
10 Schenectady.
11 (Applause.)
12 SENATOR WRIGHT: Cadet Marjana
13 Mair, Schenectady.
14 (Applause.)
15 SENATOR WRIGHT: Yes, they are
16 sisters.
17 (Laughter.)
18 SENATOR WRIGHT: Cadet Gilberto
19 Nieves, Unadilla.
20 (Applause.)
21 SENATOR WRIGHT: Cadet Shane
22 Oravsky, Catskill.
23 (Applause.)
24 SENATOR WRIGHT: Cadet Robert
25 Southerland, Salem.
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1 (Applause.)
2 SENATOR WRIGHT: Cadet Devlin
3 Winkelstein, Grand Island.
4 (Applause.)
5 SENATOR WRIGHT: The Corps of
6 Cadets, represented by those seated before us,
7 will continue to build on this solid
8 foundation of duty, honor and country.
9 Madam President, we must recognize
10 that the challenges faced by today's Corps are
11 vastly different than those encountered by
12 many of their famous predecessors. As we
13 follow the current events in Iraq, we see that
14 today's Army leaders must know how to move
15 equipment and troops to the far reaches of the
16 planet in a matter of hours, not months. They
17 must command the use of the most sophisticated
18 military equipment imaginable. And they must
19 be prepared to face new threats and dangers
20 unheard-of in combat in the past.
21 Many of the cadets seated here in
22 this chamber will soon be called upon to serve
23 their nation throughout the world. The
24 mission in Iraq is a somber reminder of the
25 tremendous responsibility undertaken by these
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1 young cadets and the sacrifices they are
2 willing to make for the love of this great
3 country. Not in recent memory has this annual
4 ceremony in Albany, which honors their brave
5 commitment, been more important.
6 It is also important to remember
7 that today's Army serves not only abroad but
8 here at home. Madam President, Senator Larkin
9 reports that he is especially fortunate to
10 represent a region that bears witness every
11 day to another cornerstone of the Army
12 tradition taught at West Point. That
13 principle is a concern for others in the
14 communities in which the Corps of Cadets
15 share.
16 The Long Gray Line is an active
17 participant not only in our economy but in the
18 hearts and the souls of our communities. The
19 Corps of Cadets of the United States Military
20 Academy incorporates this training in their
21 daily lives. They are regular participants in
22 the community efforts to educate our children,
23 care for our ill, and attend to our elderly.
24 Duty, honor, country, and a concern
25 for others -- those values are the values of
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1 leadership. Madam President, it is upon this
2 bedrock of values that each cadet will build
3 his or her career. It is an unchanging
4 standard that we in New York must strive to
5 embody. It is upon this foundation that the
6 future leaders of the United States Army will
7 lead soldiers into harm's way, if necessary,
8 to preserve the freedoms on which our nation
9 is founded.
10 Madam President, we owe a debt of
11 gratitude to the United States Military
12 Academy for bestowing on the State of New York
13 all that is good in our nation.
14 We thank General Lennox, General
15 Lennox's faculty and staff, and the Corps of
16 Cadets for continuing to build on these
17 honored traditions that were started on the
18 shores of the Hudson two centuries ago.
19 Colleagues, staff, visitors, I
20 present to you the Corps of Cadets of the
21 United States Military Academy.
22 (Standing ovation.)
23 THE PRESIDENT: Senator Bonacic.
24 SENATOR BONACIC: Thank you,
25 Madam President. I stand also to welcome our
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1 heroes today.
2 As a Senator from Orange County, I
3 serve with my colleague Senator Larkin. And,
4 General Lennox, you know about Senator Larkin.
5 He wears his heart on his sleeve for West
6 Point every day of the year, and not just on
7 West Point Day.
8 What strikes me about these men and
9 women is that regardless of the popularity of
10 the wars, regardless about the politics of
11 war, these men and women protect our
12 communities, protect our democracy and protect
13 our freedoms. And they never get involved
14 with the popularity of the war or the
15 politics, because their creed which they live
16 by and serve by, which Senator Wright said
17 over and over again, is duty, honor, and
18 country.
19 So we thank you for what you do.
20 America's strength is always its people, and
21 here is the best of the best.
22 So for all those that have served,
23 are serving and will serve, we say from this
24 Senate and all of the people of New York and
25 this great country, thank you for what you do.
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1 God bless you. We hope He keeps all of you
2 safe.
3 Thank you very much, Madam
4 President.
5 (Applause.)
6 THE PRESIDENT: Senator
7 Hassell-Thompson.
8 SENATOR HASSELL-THOMPSON: Thank
9 you, Madam President.
10 Good morning to General Lennox. As
11 someone who represents Westchester and the
12 Bronx, I'm very glad to embrace you again, as
13 usual.
14 To your officers and to the cadets,
15 on behalf of Senator Paterson, it gives me
16 great pleasure to stand here today and to
17 welcome you again to our chambers.
18 Many of you will go off to
19 campaigns, to Europe and places that we can't
20 pronounce. For that, we thank you. We thank
21 you for duty, honor and for representing your
22 country so well.
23 You're young in your age, but you
24 have aged in your heart. By making the
25 decision to go to West Point, you have taken
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1 on a tremendous responsibility. I have young
2 children in the gallery today, and when I go
3 back to talk with their class next week, part
4 of what we will talk about is West Point and
5 the kinds of things that they can achieve just
6 by being here today and seeing you in your
7 gray.
8 Thank you for what you do. We pray
9 for you and wish you Godspeed.
10 (Applause.)
11 THE PRESIDENT: The question is
12 on the resolution. All in favor please
13 signify by saying aye.
14 (Response of "Aye.")
15 THE PRESIDENT: Opposed, nay.
16 (No response.)
17 THE PRESIDENT: The resolution is
18 adopted.
19 Senator Paterson.
20 SENATOR PATERSON: Madam
21 President, now that we've passed this
22 resolution, I've never missed West Point Day,
23 and I barely got here in time so that I can
24 keep that record alive. I'm glad that I'm not
25 at West Point; I might be eligible for some
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1 sort of special punishment right now.
2 But the reality is I've been out
3 trying to find my notes that I had prepared,
4 as I do every year, to offer to those who have
5 volunteered themselves for service to this
6 country and those, who are the most
7 distinguished citizens among us, who are
8 stepping forward to do so at time of great
9 peril around the world and at a time when the
10 initiation of their service may lead to danger
11 and harm. And nonetheless, they put
12 themselves forward and they go forward.
13 And we are very proud of them, and
14 we're always proud to have them here. The
15 Majority Leader, Senator Bruno, it's one of
16 his favorite days here, he always tells me,
17 and has a little reception for them
18 afterwards.
19 All that being the case, I still
20 could not find my index cards that I was going
21 to make a few other points. So I will sit
22 down now, in recognition of the fact that
23 Senator Ruth Hassell-Thompson found those
24 cards and said everything I was going to say
25 about West Point.
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1 Thank you very much.
2 (Applause.)
3 THE PRESIDENT: Senator Bruno.
4 SENATOR BRUNO: And I might note
5 that she said them as well or better than you
6 might have, Senator.
7 (Laughter.)
8 SENATOR BRUNO: Madam President,
9 Senator Larkin, our colonel, who's made his
10 early life a military life, has given
11 permission that anyone in the chamber that
12 would like to join this resolution, as a
13 special resolution, is free to do so.
14 And I would ask that anyone that
15 doesn't want to be on this resolution, just
16 quietly let the desk know. Other than that,
17 everyone will be joined together on the
18 resolution.
19 And, Madam President, I would ask
20 my colleagues to waive the rules of the Senate
21 and ask General Lennox to at this time address
22 the Senate.
23 General.
24 (Applause.)
25 THE PRESIDENT: Hearing no
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1 objection, I now call upon Lieutenant General
2 Lennox.
3 SUPERINTENDENT LENNOX: Governor
4 Donohue, Majority Leader Bruno, Minority
5 Leader Paterson, and Senator Larkin and
6 distinguished Senators, it's an honor to be
7 here, and it's a great day to be a soldier,
8 I'll tell you. As I've said three times
9 before, it's quite an honor for a boy from
10 Yonkers, educated in the Bronx, to represent
11 West Point before this great, important body.
12 And on behalf of the 60,000
13 graduates and the 4,100 young men and women
14 that are at the Academy right now, I just want
15 to say thank you.
16 West Point's domestically a lot of
17 things. It's the largest employer in Orange
18 County. It's still, despite the security and
19 some of the weather we've been having, a great
20 tourist attraction, number three in the state
21 behind New York City and, of course, Woodbury
22 Commons.
23 (Laughter.)
24 SUPERINTENDENT LENNOX: And I
25 would invite all of you, please, to come and
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1 see the Academy.
2 I'd ask you not only to take a look
3 at the old buildings and the historic grounds,
4 but to meet the extraordinary young men and
5 women that are there at the Academy right now
6 during these times.
7 Students like Katie Macfarlane,
8 Class of '04 that just graduated, star
9 basketball player and lacrosse player from
10 Clarence Central High School, near Buffalo.
11 She became the all-time leading scorer and
12 rebounder for Army's basketball team. She is
13 now at the Military Intelligence Officer Basic
14 Course in Arizona before reporting in to Fort
15 Bragg, North Carolina, later this year.
16 Students like Johnny Fernandez of
17 Rocky Point, Army's lacrosse captain in '01
18 and, I mentioned to you last time, lost his
19 legs in the attack on Baghdad. He made it
20 back for the alumni lacrosse game this past
21 year -- not only played, but scored a goal.
22 And in fact, going over to the coach,
23 mentioned to Jack Emmer, said, "Coach, I think
24 I'm even faster on these new legs than on the
25 old ones."
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1 It's that kind of spirit and that
2 kind of toughness that we're seeing in this
3 generation.
4 Students like Dave Petraeus, from
5 Cornwall. Dave graduated from Cornwall High
6 School, and West Point in 1974 as an
7 infantryman, and he later earned his master's
8 and Ph.D. from Princeton. And he wrote on the
9 impact of Vietnam on future wars.
10 Today, Dave is in charge of
11 rebuilding the Iraqi army. It's one of the
12 biggest challenges in establishing a safe
13 environment for the people of Iraq. That is
14 another New Yorker doing a fabulous job for
15 our Army and our nation.
16 I invite you to come visit your
17 Academy and the extraordinary men and women of
18 this generation.
19 Ladies and gentlemen, leaders are
20 made, not born. And that's what we do at
21 West Point. We build leaders such as
22 Brooklyn's George Goethals, the chief engineer
23 on the Panama Canal, and Yonkers' Joe
24 Stilwell, who led American and Chinese forces
25 during World War II. And today we build those
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1 leaders like Katie Macfarlane, Johnny
2 Fernandez and Dave Petraeus.
3 We build those leaders by
4 challenging them every single day, physically
5 and intellectually, to achieve excellence. We
6 build those leaders as we always have, by
7 instilling in them the values of duty, honor
8 and country. And after four years, we send
9 them out to the force to fight our nation's
10 battles and to win our nation's wars.
11 And we're going to win this war. I
12 cannot tell you when the conflict will end or
13 how many more Americans will have to sacrifice
14 their lives to make Iraq and Afghanistan safe
15 for democracy and to defeat the forces of
16 extremism and terror. Great sacrifices have
17 already been made. No one knows that better
18 than the people of New York.
19 But I can tell you that at West
20 Point we remain committed to producing
21 outstanding leaders of character, the kind
22 that our soldiers deserve and the nation
23 needs.
24 God bless you all in your work.
25 God bless the Academy. God bless this great
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1 nation. Go Army!
2 (Extended standing ovation.)
3 THE PRESIDENT: Senator Bruno.
4 SENATOR BRUNO: Madam President,
5 can we recess for just a few minutes so the
6 cadets and the general can make their leave.
7 And I believe they are expected in the
8 Assembly, if I'm not mistaken.
9 THE PRESIDENT: The Senate stands
10 in recess.
11 (Whereupon, the Senate stood at
12 ease at 11:52 a.m.)
13 (Whereupon, the Senate reconvened
14 at 11:57 a.m.)
15 THE PRESIDENT: Senator Bruno.
16 SENATOR BRUNO: Madam President,
17 can we ask the members who are part of the
18 Senate, if they are in the area, that they
19 join us.
20 THE PRESIDENT: Senator, would
21 you like the Secretary to ring the bell?
22 SENATOR BRUNO: I want to ring
23 the bell.
24 THE PRESIDENT: The Secretary
25 will ring the bell.
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1 SENATOR BRUNO: Maybe we could
2 send Senator Fuschillo through the halls
3 bringing people in. He's young and active.
4 THE PRESIDENT: And Senator
5 Fuschillo will get the members back to their
6 seats.
7 SENATOR BRUNO: Thank you, Madam
8 President. I believe I have a privileged
9 resolution at the desk. I would ask that it
10 be read in its entirety and move for its
11 immediate adoption.
12 THE PRESIDENT: The Secretary
13 will read.
14 THE SECRETARY: By Senators Bruno
15 and Golden, Legislative Resolution Number
16 1274, mourning the death of Karol Josef
17 Wojtyla, Pope John Paul II, Supreme Pontiff of
18 the Roman Catholic Church.
19 "WHEREAS, Pope John Paul II, the
20 265th Pontiff of the Roman Catholic Church,
21 entered into eternal life at the Vatican on
22 April 2, 2005, at the age of 84; and
23 "WHEREAS, Having lived through the
24 Nazi occupation of Poland, World War II, and
25 European Communism, Pope John Paul II used his
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1 position to spread a message of peace and
2 freedom throughout the world; and
3 "WHEREAS, Pope John Paul II's
4 mission led him to visit 129 countries, and,
5 while addressing world leaders at the United
6 Nations in New York City, plead for peace for
7 'all men and women living on this planet'; and
8 "WHEREAS, One of the world's most
9 recognized figures, Pope John Paul II was the
10 first Pope to visit a synagogue, and reached
11 out to Muslims and other religions of the
12 world, as well, in the spirit of human unity;
13 and
14 "WHEREAS, John Paul II was an
15 inspiration to young people wherever he
16 traveled, an inspiration which will be
17 sustained by future generations across the
18 globe; and
19 "WHEREAS, As Bishop of Krakow,
20 having been forced to clandestinely study
21 theology, Pope John Paul II strongly opposed
22 Communism and worked to preserve Catholicism
23 in his homeland; and
24 "WHEREAS, His work for human rights
25 and social justice led Pope John Paul II to
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1 abhor the abuses of the Nazis, to lament
2 nuclear war, and to work for justice for the
3 downtrodden and impoverished of the world; and
4 "WHEREAS, Pope John Paul II once
5 demonstrated his dedication to his ideals by
6 forgiving an attempt on his life; and
7 "WHEREAS, Pope John Paul II
8 represented approximately one billion
9 Catholics worldwide, approximately 60 million
10 Catholics in America, and over seven million
11 Catholics in New York State; and
12 "WHEREAS, Pope John Paul II was the
13 longest-serving Pope in the twentieth century.
14 Having visited New York, Asia, Latin America,
15 and Africa, he attracted huge crowds wherever
16 he spoke. He was more than just a spiritual
17 leader; John Paul II taught people around the
18 world to care for the poor, sick, needy and
19 oppressed, and was one of the most beloved
20 leaders of the Roman Catholic Church; and
21 "WHEREAS, As this Legislative Body
22 reflects upon the magnificent contributions of
23 Pope John Paul II to the world, it gratefully
24 notes his legacy, which will forever stand as
25 the epitome of the goodness of humanity; now,
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1 therefore, be it
2 "RESOLVED, That this Legislative
3 Body proudly and respectfully pause in its
4 deliberations to mourn the death of Pope John
5 Paul II, Bishop of Krakow and Supreme Pontiff
6 of the Roman Catholic Church, and to
7 commemorate his life's work as a beacon of
8 hope, peace and unity throughout the world;
9 and be it further
10 "RESOLVED, That copies of this
11 resolution, suitably engrossed, be transmitted
12 to the Diocese of New York State and to the
13 Vatican."
14 THE PRESIDENT: Senator Bruno.
15 SENATOR BRUNO: Thank you, Madam
16 President and colleagues.
17 We have been hearing for days --
18 you can't pick up a paper, can't turn on a TV,
19 can't turn on a radio but we have been hearing
20 about the life of Pope John Paul II. He has
21 been described in more ways than any of us
22 have the vocabulary to describe.
23 But the bottom line with Pope John
24 Paul is that he was a man, a real man, a man
25 who reached out for other people. He didn't
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1 consider himself above everyone, pious and
2 holy. He was as regular a man as you could
3 view or be exposed to. And, boy, with the
4 pomp and the ceremony that goes with being the
5 pope, pretty hard to stay humble, to stay
6 humble. But he did. He really did.
7 Now, think about a man who didn't
8 have to. First, by the way, first non-Italian
9 pope in 450-some years. Think of that honor,
10 that others would select him.
11 And then he didn't rest on his
12 laurels. He traveled to something like
13 130 countries, mastered eight languages and
14 apparently spoke them fluently, so that he
15 could converse. Why? So that when he was
16 traveling, he could communicate, person to
17 person, with individuals and with the public.
18 Imagine a person saying a mass in
19 front of 2.7 million people. I think it's one
20 of the largest records. Do you know of any
21 pop star that ever was able to put together
22 2.7 million people for any purpose?
23 So this is a great man who has
24 passed. And he's a great man to every
25 individual in the world, because he reached
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1 out and he befriended every individual in the
2 world.
3 You know, I only once had the
4 honor, the privilege, and it was awesome to be
5 near the pope, and that was at St. Patrick's
6 some years, a few years back. And I was up
7 towards the front, and he was on the altar,
8 and he was visibly in great pain. He was in
9 pain. He was infirm. But I just couldn't
10 help but marvel at how he climbed those
11 stairs, spent time on his knees, got up.
12 And I was thinking to myself, just
13 watching him -- and he was probably from here
14 to that clock, closer -- he didn't show a sign
15 of pain, didn't show a sign of discomfort.
16 This man's mind was just in a whole other
17 place, above the ordinary pain and the
18 ordinary suffering that anybody has. So what,
19 what an individual and a role model for all of
20 us.
21 And, you know, when they were
22 leaving the church, he was surrounded. And he
23 walked down the aisle, and he got to the back
24 of the church and the guards -- he had been
25 shot years before, and as you all know, four
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1 days after he was shot, he's forgiving his
2 assailant. Went to visit him in prison two
3 years after he was fully recovered -- he went
4 to the back of the church, and they are trying
5 to move him to get him to a car for safety.
6 And I will never, ever forget that
7 he removed himself from all of these people
8 surrounding him and walked over to the
9 thousands of people that were surrounding the
10 outside door of St. Pat's and walked right
11 into the middle of them and was touching them
12 and touching them.
13 I thought, that is a man. That is
14 a brave, caring man. And I've never been --
15 you know, I'm in the presences of some of you,
16 and you're very awesome. But I've got to tell
17 you, being in the room being near this man was
18 something spiritual. Spiritual. And it's
19 good to see that the world recognizes that.
20 And I believe, while we mourn the
21 loss of this great, great leader, he left us
22 with a quote. And I would just like to read
23 this, because this -- we can remember this as
24 the most comforting during sad times, but I
25 think it really tells it like it is about how
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1 this man's mind worked.
2 He said: "Have no fear of moving
3 into the unknown. Simply step out fearlessly,
4 knowing that I am with you. Therefore, no
5 harm can befall you. All is very, very well.
6 Do this in complete faith and confidence."
7 Thank you, Madam President.
8 THE PRESIDENT: Senator Golden.
9 SENATOR GOLDEN: Thank you, Madam
10 President.
11 Thank you, Senator Bruno, for your
12 kind words.
13 Pope John Paul II was a great man
14 who reached across religious ties and embraced
15 all humanity. Pope John Paul was more than
16 just a spiritual leader, as he taught people
17 around the world to care for the poor, the
18 sick, the needy, the oppressed, and the
19 unborn.
20 John Paul II was one of the world's
21 most beloved and recognized figures, who
22 reached across historical divides to improve
23 relations with other faiths, particularly
24 Catholics and Jews and Muslims alike. He was
25 the first pope to visit a synagogue or a
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1 mosque. And during his pontificate he
2 completed 104 visits, including stops in
3 New York, Asia, Latin America and Africa,
4 attracting huge crowds wherever he spoke.
5 One of the most historic visits by
6 Pope John Paul II was his trip to New York
7 City, as Joe Bruno has spoken about. In 1979,
8 it was a special moment that happened in my
9 life, when I was a New York City police
10 officer. I was assigned to guard John Paul II
11 in his visits to New York City. And millions
12 of people had gathered, as they do now, to pay
13 tribute and respect to a great, great
14 representative of God and a great man.
15 And he smiled at those crowds as he
16 walked into the Polish church in Brooklyn and
17 he, the same as our leader Joe Bruno pointed
18 out, walked into the crowd and greeted many.
19 This trip was in the height of the Cold War.
20 It was symbolic, his support for democracy.
21 John Paul II's experiences battling
22 Nazi oppression during World War II made him a
23 staunch anti-Communist. He advocated peaceful
24 rebellion through his support of the Polish
25 Solidarity movement and other Eastern European
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1 anti-Communist movements in the 1980s. John
2 Paul II helped to tear down that wall of
3 tyranny for millions of oppressed people
4 throughout the world.
5 John Paul II was an inspiration to
6 young people wherever he traveled. His
7 inspiration and his admiration continue for
8 future generations across this globe. He
9 surely will be sainted, and he will go down in
10 history as Pope John Paul the Great.
11 God has blessed us with his
12 presence, and he has blessed him for his
13 devotion and his leadership to all of mankind.
14 Thank you.
15 THE PRESIDENT: The question is
16 on the resolution. All in favor please
17 signify by saying aye.
18 (Response of "Aye.")
19 THE PRESIDENT: Opposed, nay.
20 (No response.)
21 THE PRESIDENT: The resolution is
22 adopted.
23 Senator Bruno.
24 SENATOR BRUNO: Madam President,
25 can we ask anyone that would like to join the
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1 resolution -- and if you'd rather not be on
2 it, please let the desk know at your leisure.
3 THE PRESIDENT: Any member who
4 does not wish to cosponsor the last
5 resolution, please notify the desk.
6 Senator Golden.
7 SENATOR GOLDEN: I believe this
8 resolution will go down to all the dioceses
9 across the State of New York, to each one of
10 our communities. The dioceses will receive
11 this resolution.
12 THE PRESIDENT: Thank you,
13 Senator.
14 Senator Bruno.
15 SENATOR BRUNO: Madam President,
16 I believe there is a privileged resolution at
17 the desk by Senator Marcellino. I would ask
18 that it be read in its entirety and move for
19 its immediate adoption.
20 THE PRESIDENT: The Secretary
21 will read.
22 THE SECRETARY: By Senator
23 Marcellino, Legislative Resolution Number
24 1272, commemorating the 35th Anniversary of
25 Earth Day on April 22, 2005.
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1 "WHEREAS, It is the sense of this
2 Legislative Body to recognize and pay tribute
3 to those organizations dedicating their
4 purposeful work to increasing public awareness
5 of, and appreciation for, the natural
6 resources of New York, recognizing the role
7 all citizens have in protecting the
8 environment and the quality of life in this
9 Empire State; and
10 "WHEREAS, On April 22, 1970,
11 approximately 25 million Americans
12 participated in the first Earth Day
13 demonstration to express their concerns over
14 the environment and the fate of this planet;
15 and
16 "WHEREAS, In the 35 years that have
17 passed since the original Earth Day, the
18 planet has been subjected to the continuing
19 burdens of world population growth, increasing
20 commercial and residential development, ocean
21 pollution, increasing stores of toxic and
22 nuclear waste, and other similar assaults
23 which have exacerbated the growing dangers of
24 global climate change, ozone depletion, toxic
25 poisoning, deforestation, and mass species
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1 extinctions; and
2 "WHEREAS, Following the first Earth
3 Day and the demonstrations of concern of over
4 20 million Americans, a collective national
5 action has resulted in the passage of sweeping
6 new laws to protect the invaluable resources
7 of air, land and water; and
8 "WHEREAS, April 22, 2005, marks the
9 35th anniversary of Earth Day, a day set aside
10 to celebrate the beauty and bounty of our
11 environment and to revitalize the efforts
12 required to protect and maintain respect for
13 the environment and its resources; and
14 "WHEREAS, Earth Day 2005 activities
15 and events will educate all citizens on the
16 importance of acting in an environmentally
17 sensitive fashion by recycling, conserving
18 energy and water, using efficient
19 transportation, and adopting more ecologically
20 sound lifestyles; and
21 "WHEREAS, Earth Day 2005 activities
22 and events will educate all citizens on the
23 importance of supporting the passage of
24 legislation that will help protect the
25 environment and will highlight the importance
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1 of a heightened awareness of environmental
2 concerns amongst our state's leaders; and
3 "WHEREAS, The goal of Earth Day
4 2005 is not to plan only one day of events and
5 activities, but to continue worldwide efforts
6 to protect all aspects of the environment;
7 now, therefore, be it
8 "RESOLVED, That this Legislative
9 Body pause in its deliberations to commemorate
10 the 35th anniversary of Earth Day on April 22,
11 2005, and be it further
12 "RESOLVED, That this Legislative
13 Body congratulate all the concerned citizens
14 of New York State who have embraced the
15 responsible work of protecting and preserving
16 the environment for future generations."
17 THE PRESIDENT: Senator
18 Marcellino.
19 SENATOR MARCELLINO: Thank you,
20 Madam President, just briefly.
21 I would just like to reiterate what
22 was stated at the last part of that
23 resolution, is that every day should be
24 considered Earth Day, not just one day a year,
25 but every single day.
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1 And also to remind the people in
2 this chamber, and in concert with our friends
3 in the other chamber, this state does not have
4 to take second place to any other state in the
5 union in preserving and protecting our
6 environment. We have done more together, in a
7 bipartisan way, to preserve open space, clean
8 air and water, to protect species, our
9 habitats and our quality of life, and to move
10 this planet to the future even better than we
11 found, in better shape than when we found it.
12 I'm very proud of having served
13 here, I'm proud of being chairman of the
14 Environmental Conservation Committee, and I'm
15 proud of the achievements not only of this
16 chamber but of our Legislature as a whole.
17 And I thank the Governor for all of
18 his help, because he's been a partner in
19 everything we've done, from the Bond Act on,
20 to making this state a better place to live
21 and raise a family and maintain our quality of
22 life for all of our citizens.
23 Thank you, Madam President.
24 If we could open the resolution for
25 all who would like to join us in sponsorship,
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1 please.
2 THE PRESIDENT: Senator Skelos,
3 would you like to open up the resolution to
4 cosponsorship?
5 SENATOR SKELOS: If anybody
6 wishes not to sponsor the resolution, they
7 should notify the desk.
8 THE PRESIDENT: Any member who
9 does not wish to be a cosponsor of the pending
10 resolution, please notify the desk.
11 The question is on the resolution.
12 All in favor please signify by saying aye.
13 (Response of "Aye.")
14 THE PRESIDENT: Opposed, nay.
15 (No response.)
16 THE PRESIDENT: The resolution is
17 adopted.
18 Senator Skelos.
19 SENATOR SKELOS: Madam President,
20 if we could return to motions and resolutions.
21 I believe there are some
22 substitutions at the desk, if we could make
23 them at this time.
24 THE PRESIDENT: The Secretary
25 will read.
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1 THE SECRETARY: On page 12,
2 Senator Trunzo moves to discharge, from the
3 Committee on Labor, Assembly Bill Number 1736
4 and substitute it for the identical Senate
5 Bill Number 3359, Second Report Calendar 442.
6 On page 6, Senator Marcellino moves
7 to discharge, from the Committee on
8 Environmental Conservation, Assembly Bill
9 Number 2048 and substitute it for the
10 identical Senate Bill Number 2081, First
11 Report Calendar 469.
12 On page 6, Senator Marchi moves to
13 discharge, from the Committee on Environmental
14 Conservation, Assembly Bill Number 5475 and
15 substitute it for the identical Senate Bill
16 Number 2918, First Report Calendar 471.
17 On page 9, Senator LaValle moves to
18 discharge, from the Committee on
19 Investigations and Government Operations,
20 Assembly Bill Number 3107 and substitute it
21 for the identical Senate Bill Number 2777,
22 First Report Calendar 507.
23 And on page 11, Senator Spano moves
24 to discharge, from the Committee on
25 Investigations and Government Operations,
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1 Assembly Bill Number 6714 and substitute it
2 for the identical Senate Bill Number 3460,
3 First Report Calendar 518.
4 THE PRESIDENT: Substitutions
5 ordered.
6 Senator Skelos.
7 SENATOR SKELOS: Please recognize
8 Senator Fuschillo for a motion.
9 THE PRESIDENT: Senator
10 Fuschillo.
11 SENATOR FUSCHILLO: Thank you,
12 Madam President.
13 On behalf of Senator Saland, on
14 page number 32 I offer the following
15 amendments to Calendar Number 431, Senate
16 Print Number 3165, and ask that said bill
17 retain its place on Third Reading Calendar.
18 THE PRESIDENT: The amendments
19 are received. The bill will retain its place
20 on the Third Reading Calendar.
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
3 227, by Senator Rath, Senate Print 2637, an
4 act to adjust certain state aid payments.
5 THE PRESIDENT: There is a local
6 fiscal impact note at the desk.
7 Read the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 56.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 257, by Senator LaValle, Senate Print 1392, an
17 act to amend Chapter 311 of the Laws of 1920
18 relating to the assessment and collection of
19 taxes.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 56.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 259, by Senator Morahan, Senate Print 1965A,
6 an act to authorize the Bais Mahari Assad to
7 file an application.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 55. Nays,
15 1. Senator Bonacic recorded in the negative.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 292, by Senator Balboni, Senate Print 178A, an
20 act relating to the procurement process of
21 homeland security-related goods and services.
22 THE PRESIDENT: Senator Balboni.
23 SENATOR BALBONI: Please lay the
24 bill aside for the day.
25 THE PRESIDENT: The bill is laid
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1 aside for the day.
2 SENATOR BALBONI: Thank you very
3 much.
4 THE SECRETARY: Calendar Number
5 352, by Senator Volker, Senate Print 3333, an
6 act to amend the Criminal Procedure Law, in
7 relation to challenge for cause.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the first of
12 November.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 55. Nays,
16 1. Senator Duane recorded in the negative.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 386, by Member of the Assembly Gianaris,
21 Assembly Print Number 5866A, an act in
22 relation to authorizing the State Emergency
23 Management Office.
24 THE PRESIDENT: Read the last
25 section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 56.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 401, by Senator Maziarz, Senate Print 3250, an
10 act to amend the Labor Law, in relation to the
11 duty of an employer.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the 90th day.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 56.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 438, by Senator Leibell, Senate Print 3593, an
23 act to amend the Retirement and Social
24 Security Law, in relation to the employment of
25 retired persons.
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1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 56.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 439, by Senator Robach, Senate Print 3599, an
12 act to amend the Local Finance Law, in
13 relation to providing.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect June 30, 2005.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 56.
21 THE PRESIDENT: The bill is
22 passed.
23 Senator Skelos, that completes the
24 calendar for the day.
25 SENATOR SKELOS: Thank you very
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1 much, Madam President.
2 If we could return to the order of
3 motions and resolutions, I believe there's a
4 privileged resolution at the desk by Senator
5 Leibell. I ask that the title be read and
6 move for its immediate adoption.
7 THE PRESIDENT: The Secretary
8 will read.
9 THE SECRETARY: By Senator
10 Leibell, Legislative Resolution Number 1275,
11 honoring the Putnam Valley Rotary Club upon
12 the occasion of its 35th anniversary.
13 THE PRESIDENT: Senator Skelos.
14 SENATOR SKELOS: Move that we
15 adopt the resolution.
16 THE PRESIDENT: All in favor of
17 the resolution please signify by saying aye.
18 (Response of "Aye.")
19 THE PRESIDENT: Opposed, nay.
20 (No response.)
21 THE PRESIDENT: The resolution is
22 adopted.
23 Senator Skelos.
24 SENATOR SKELOS: Is there any
25 further business to come before the Senate?
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1 THE PRESIDENT: No, there isn't,
2 Senator.
3 SENATOR SKELOS: Thank you.
4 Just a reminder that the West Point
5 luncheon, on behalf of Senator Larkin, I
6 believe commences at 1:00 p.m.
7 And there being no further business
8 to come before the Senate, I move we stand
9 adjourned until Monday, April 11th, at
10 3:00 p.m., intervening days being legislative
11 days.
12 THE PRESIDENT: A reminder that
13 the West Point luncheon is at 1:00 p.m.
14 And on motion, the Senate now
15 stands adjourned until Monday, April 11th,
16 3:00 p.m., intervening days being legislative
17 days.
18 (Whereupon, at 12:23 p.m., the
19 Senate adjourned.)
20
21
22
23
24
25
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