Regular Session - February 5, 2007
410
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 February 5, 2007
11 3:09 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR DAVID A. PATERSON, 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 come to order.
4 I would ask all assembled to rise
5 and recite with me the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 THE PRESIDENT: Our invocation
9 for the day will be offered by Rabbi Rubin,
10 and Rabbi Rubin is from the Chabad here in
11 Albany, New York.
12 RABBI RUBIN: The honorable
13 members of the Senate assembled here represent
14 widespread areas and districts with differing
15 views, issues, and concerns. But crossing the
16 disparate regions across the state, the
17 Northway and Thruway symbolically unite us
18 New Yorkers from Albany to Buffalo, New York
19 City up to the Canadian border.
20 Indeed, last week's Northway
21 tragedy brought together upstate and downstate
22 concerns to build and expand vital
23 communications.
24 Inspired by the Tu B'Shvat, New
25 Year for Trees, we recite the Biblical verse
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1 "Man is as a tree in the field," as both a
2 statement and also as a question.
3 O God, grant us the vision and
4 wisdom to balance environmental protection
5 with vital communication to best serve the
6 people of this great state.
7 Amen.
8 THE PRESIDENT: Thank you, Rabbi
9 Israel Rubin, of Chabad House here in Albany,
10 New York.
11 The reading of the Journal.
12 THE SECRETARY: In Senate,
13 Friday, February 2, the Senate met pursuant to
14 adjournment. The Journal of Thursday,
15 February 1, was read and approved. On motion,
16 Senate adjourned.
17 THE PRESIDENT: Without
18 objection, the Journal stands approved as
19 read.
20 Presentation of petitions.
21 Messages from the Assembly.
22 Messages from the Governor.
23 Reports of standing committees.
24 Reports of select committees.
25 Communications and reports from
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1 state officers.
2 Motions and resolutions.
3 Senator Bruno.
4 SENATOR BRUNO: Mr. President, I
5 have a privileged resolution at the desk,
6 Number 352. I would ask that it be read in
7 its entirety and move for its immediate
8 adoption.
9 THE PRESIDENT: The Secretary
10 will read.
11 THE SECRETARY: By Senator Bruno,
12 Legislative Resolution Number 352, commending
13 Donald Baker, Jr., for his courageous actions
14 as a member of the New York State Police and
15 his valued contributions to the community.
16 "WHEREAS, Within every community of
17 the State of New York there are certain
18 individuals who, by virtue of their commitment
19 and dedication, command the respect and
20 admiration of their community for their
21 exemplary contributions and service on behalf
22 of others; and
23 "WHEREAS, The quality and sanctity
24 of community life are cherished values, worthy
25 of safeguarding, and this Legislative Body is
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1 moved to honor those individuals who serve to
2 preserve and protect such values, lauding
3 particularly their unwavering courage and
4 dedication in the daily performance of their
5 duties; and
6 "WHEREAS, Attendant to such
7 concern, and in full accord with its
8 long-standing traditions, this Legislative
9 Body is justly proud to commend Donald Baker,
10 Jr., for his courageous actions as a member of
11 the New York State Police and his valued
12 contributions to the community; and
13 "WHEREAS, A 38-year-old resident of
14 Clifton Park, New York, and a former Army
15 medic, Donald Baker has wanted to be a
16 New York State trooper since attending
17 Shenendehowa High School; and
18 "WHEREAS, A member of the elite
19 New York State Police Mobile Response Team,
20 Donald Baker, Jr., was critically wounded on
21 August 31, 2006, while tracking a fugitive
22 from the Erie County Correctional Facility who
23 was wanted in the shooting of another trooper;
24 and
25 "WHEREAS, Members of the New York
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1 State Police put their lives on the line every
2 day in service to the great State of New York.
3 It is appropriate to recognize and commend
4 such outstanding law enforcement officers as
5 Donald Baker, Jr.; and
6 "WHEREAS, With him throughout has
7 been his wife of 15 years, Tracy, who feels
8 privileged to be a part of his life and
9 rejoices in his many achievements; and
10 "WHEREAS, It is the sense of this
11 Legislative Body that those dedicated public
12 servants who unselfishly devote their lives to
13 the preservation of order and the protection
14 of others are worthy and do full praise for
15 that are commitment and noble endeavors; now,
16 therefore, be it
17 "RESOLVED, That this Legislative
18 Body pause in its deliberations to commend
19 Donald Baker, Jr., for his courageous actions
20 as a member of the New York State Police and
21 his valued contributions to the community; and
22 be it further
23 "RESOLVED, That a copy of this
24 resolution, suitably engrossed, be transmitted
25 to Donald Baker, Jr., of Clifton Park,
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1 New York."
2 THE PRESIDENT: The chair
3 recognizes, to be heard on the resolution, our
4 Majority Leader, Senator Bruno.
5 SENATOR BRUNO: Thank you,
6 Mr. President and colleagues.
7 I rise, in respect, to honor Donald
8 Baker, who is here with us, and his wife,
9 Tracy. Donald Baker, as you heard, was there
10 with Joseph Longobardo when Joseph Longobardo,
11 Trooper Longobardo, was killed, killed by a
12 demented coward who snuck up behind them and
13 shot them from behind.
14 Donald Baker really represents, as
15 did Joseph Longobardo, all that's good about
16 those that put on the uniform. And they put
17 on the uniform and every single day, every
18 night, Sundays, Saturdays, anytime, put
19 themselves out there to help, to support, to
20 protect all of us and all the people who are
21 out there who can't take care of themselves.
22 So we as a body thank Trooper
23 Baker, thank Tracy, thank Teri Longobardo, who
24 is here. And she is looking after her
25 18-month-old son, Louis, who is keeping her
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1 pretty busy these days.
2 We are going to do another
3 resolution honoring everyone in uniform, the
4 second one. But we wanted to call special
5 attention to Trooper Baker, who's gone through
6 six operations, I believe, so far, has been in
7 physical therapy, is now on his feet. And
8 he's on his feet through courage, just plain
9 guts.
10 And he's an ex-Army medic, he's
11 part of, with Trooper Longobardo, the Mobile
12 Response Unit, that is a team that goes out to
13 meet any situation that presents itself
14 anywhere in the state. And Trooper Baker is
15 stationed here up in Clifton Park, out of
16 here.
17 He went out west when Bucky
18 Phillips was hiding out in the woods, and
19 offers everyday -- and what he is working
20 towards and getting himself back in shape for
21 is to go back out there on that Mobile
22 Response Team, which is the leading edge of
23 all law enforcement throughout the troops.
24 So we thank you. Thank you for
25 what you do every hour of every day, fighting
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1 the battles against the enemy, the criminals
2 out there that would do harm to our families,
3 children, to everyone. So you're our first
4 line of defense.
5 And your families, like Tracy and
6 Teri, who assist you, support you, and help
7 you do your job. Because without that kind of
8 support, it would be pretty difficult, I would
9 think, to be out there with the time and the
10 energy and the efforts and everything that you
11 have to do exposing yourself, voluntarily, to
12 dangers such as you encountered out there.
13 So we thank the good Lord and thank
14 all the good support that you've had, and all
15 the troopers and everyone that wears a uniform
16 in law enforcement for what you do,
17 voluntarily. You don't have to; you could be
18 doing other things. But you do it because
19 that's what your heart is, that's where your
20 spirit is.
21 And we know that you're going to
22 have a speedy recovery because you are doing
23 it all to get yourself back to where you were.
24 So thank you for your good works.
25 And thank you, Mr. President. And
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1 thank you, colleagues.
2 THE PRESIDENT: On the resolution
3 sponsored by Senator Bruno, we will now hear
4 from Senator Farley.
5 SENATOR FARLEY: Thank you,
6 Mr. President.
7 I rise to salute you, Trooper
8 Baker, and what you've been going through, and
9 also your wife, Tracy.
10 His partner was Joseph Longobardo,
11 who was my constituent, who was brutally
12 murdered in a cowardly way. These two
13 troopers, athletes, part of the most elite
14 organization in the New York State Police,
15 were out there on their own. Cowardly
16 murdered.
17 And you know, Donald, I'm confident
18 that Joe is up there looking out for you to
19 make sure that you're going to have a one
20 hundred percent recovery.
21 I'd also like to pay tribute to
22 Teri, Joe's widow, who is up in the balcony
23 with us. I think I spent one of the saddest
24 afternoons of my life at his funeral, totally
25 supported by the entire State Police, and all
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1 that was said about this remarkable man,
2 Joseph Longobardo, who was not only my
3 constituent but a remarkable father. And to
4 not to be able to see his child grow up, it
5 was very, very sad.
6 Teri, I wish you all the very best.
7 And, Trooper Baker, I salute you
8 and wish you a complete recovery. And I know
9 that you and your family are very, very proud
10 of what you've accomplished.
11 God bless you.
12 THE PRESIDENT: Senator Volker,
13 on the resolution.
14 SENATOR VOLKER: Mr. President, I
15 just want to be part of this resolution. I
16 commend Senator Bruno for doing this
17 resolution.
18 Some of the members have asked me
19 what this pin is that I've worn since last
20 year. And actually, I started wearing this
21 pin at the time that Trooper Longobardo was
22 killed. It is a pin that is the symbol of the
23 loss of police officers throughout this
24 country.
25 This was one of the worst years,
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1 2006, for the loss of law enforcement people
2 in my time. And in fact, with state troopers,
3 it was a very tragic year. And obviously
4 there were accidents and there was the chase.
5 And unfortunately culminating in this terrible
6 incident down in Western New York, actually
7 the Southern Tier of Western New York, that
8 involved Trooper Baker and Trooper Longobardo.
9 Contrary to some popular belief, I
10 was not a trooper; I was a local police
11 officer for a number of years. Did a lot of
12 task forces with the State Police, which I
13 guess is one reason why a lot of people
14 thought I was a state trooper. I combined a
15 number of large task forces.
16 My cousin was a senior
17 investigator, Martin Hockey, in the State
18 Police. And his son now, Michael Hockey, is a
19 sergeant and runs a barracks in Western
20 New York.
21 The only reason I mention that is I
22 think it's important to my lifetime. I've had
23 a number of law enforcement people that have
24 been close to me; several who were killed.
25 Myself, fortunately I was shot at but I was
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1 able to avoid injury.
2 But I think the thing we all have
3 to understand is that -- and this chamber is
4 very, very sympathetic to you. And, I want to
5 tell you, Republicans and Democrats. Please
6 understand that. You may hear debates here
7 about law enforcement and all those sorts of
8 things, but there is nobody in this chamber
9 who doesn't feel that the job that you're
10 doing is critically important. Whether it's
11 in Western New York, Central New York,
12 New York City, wherever it is, I know how the
13 people of this chamber feel. So let's make
14 that clear.
15 This house has, I think, done more
16 legislation to protect the average public than
17 any house probably in the United States of
18 America. But we have also done more
19 legislation to protect law enforcement people,
20 I am convinced, than any house in the United
21 States of America.
22 And well we should. Because what
23 you have given -- and as I said in a letter
24 that I think I sent to you, Trooper Baker, and
25 to Trooper Longobardo's widow, it's not just
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1 the troopers, it's their families. You're
2 part of this whole thing.
3 The fight between good and evil --
4 and I know this sounds a little strange, but
5 it's true. This fight has been going on long
6 before any of us were born here. And there
7 are those that are willing to get out there
8 and take the risks that are involved and the
9 necessity of protecting not just the people of
10 this chamber and their families but the people
11 of this entire state.
12 I am proud to be in the same
13 chamber with you. I'm proud not only to be
14 with you, Trooper Baker, and your wife, but
15 also the widow of Trooper Longobardo, who will
16 not be forgotten. And when we have the
17 memorial this year, well, certainly he will be
18 some person who is put on the wall and so
19 forth.
20 But more than that, the loss of
21 troopers during this year will be part of our
22 culture for as long as the people of this
23 state feel so strongly about the necessity to
24 protect our state.
25 And I can assure you that I
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1 personally will do everything within my power
2 to make sure that not only the State Police
3 but all the law enforcement people in this
4 state are protected. And before this session
5 is over, we're going to move with a number of
6 things to even make your life, we hope, better
7 and to enhance the security of the law
8 enforcement people of this state.
9 Thank you, and congratulations to
10 all of you. As regrettable as it may be, what
11 happened, you're a hero, and you'll continue
12 to be heroes, both you, Trooper Baker,
13 Mrs. Baker, and Mrs. Longobardo. As long as
14 truth and justice survive, you'll be heroes.
15 THE PRESIDENT: Senator Young.
16 SENATOR YOUNG: Thank you.
17 I rise to, first of all, extend my
18 deepest condolences to Teri Longobardo on the
19 loss of your husband, and also to give my
20 sincerest and deepest gratitude to Trooper
21 Donald Baker.
22 Everyone across the state read
23 about this past summer in the newspapers or
24 watched it on television. In my district,
25 that includes Chautauqua County, we lived it
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1 every single day. We lived through the
2 checkpoints. We lived through the lockdowns
3 at the schools. We lived through knowing that
4 there was someone on the loose who was
5 extremely dangerous.
6 And our troopers went out every
7 single day, and Trooper Baker and Trooper
8 Longobardo went to work knowing that they were
9 after a career-criminal thug, someone who had
10 stolen an arsenal from a local gun shop,
11 someone who was a violent cop-hater, someone
12 who had already shot Trooper Sean Brown near
13 Elmira, someone who they knew would harm them
14 if he got the chance. And despite that
15 dynamic, they still very bravely went to work
16 every single day to protect the public,
17 because they believed so strongly in what they
18 were doing.
19 I have never seen in my life a more
20 dedicated, committed, professional group of
21 individuals than the state troopers while they
22 conducted the largest manhunt in the history
23 of New York State.
24 And it was very, very tough, and I
25 know that my constituents felt so badly,
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1 especially after the troopers were shot. We
2 held fundraisers, benefits to raise money.
3 Hundreds of people came because they wanted to
4 show their appreciation for the sacrifices
5 that you made.
6 So I just want to say to you, Teri
7 Longobardo, Trooper Baker, how much we
8 appreciate you. We hold you in the highest
9 esteem. We salute you. And most of all, we
10 thank you from the bottom of our hearts for
11 protecting us.
12 THE PRESIDENT: Senator Winner.
13 SENATOR WINNER: Thank you,
14 Mr. President.
15 I rise to echo Senator Young's
16 remarks. As a representative of the Southern
17 Tier, our districts were terrorized by the
18 antics if not the horrific behavior and
19 unacceptable treatment that was exhibited by
20 Bucky Phillips to society in general and
21 certainly to the State Police community as a
22 whole.
23 That individual, you know, started
24 his mayhem, obviously, after breaking out of
25 the Erie County jail, but then committed that
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1 horrible crime, attempted murder on Trooper
2 Sean Brown in my area, coming on the heels of
3 the horrific murder of Trooper Andy Sperr. We
4 were horrified in our district that another
5 assault and another attempted murder could be
6 done on a New York State trooper.
7 There is no acceptable behavior
8 that could even be attributed to an individual
9 like that who draws the line in the sand
10 between chaos and anarchy and law-abiding
11 citizens and an assault on our law enforcement
12 personnel.
13 And so when those dedicated
14 troopers such as Trooper Baker came to protect
15 us and came to apprehend that individual, I
16 mean, they were the people that we -- we
17 didn't know what to do except for, you know,
18 embrace your efforts and look to you to be
19 able to help us and be able to protect us.
20 Because our communities were
21 terrorized by the behavior of this individual,
22 who, despite the great efforts, was able to
23 continue to elude law enforcement personnel
24 and, you know, unbelievably in some quarters
25 receive aid and encouragement from some
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1 individuals, including the media, for his
2 behavior.
3 And so under those circumstances,
4 for you to be able to behave in the fashion
5 and the professionalism that you did and still
6 protect us and still be able to apprehend that
7 individual and bring some peace and quiet to
8 our neighborhoods and our communities and some
9 effort to try to heal, well, I thank you from
10 the bottom of my heart. And I know all of the
11 residents of the State of New York thank you
12 for your efforts.
13 And certainly our heart goes out to
14 Teri Longobardo for the sacrifice that her
15 family has endured. And to that extent, I can
16 only say thank you again.
17 And thanks to all the members of
18 the State Police for enduring what was just a
19 horrendous 2006.
20 THE PRESIDENT: Senator Duane.
21 SENATOR DUANE: Thank you,
22 Mr. President.
23 I want to associate myself
24 particularly with Senator Volker's remarks and
25 Senator Bruno's remarks and to say that our
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1 appreciation for those officers who put their
2 lives on the line every day for New Yorkers
3 are perhaps the bravest people we have in this
4 state. In fact, they are really among the
5 only public servants that put their lives on
6 the line every day for us.
7 And on behalf of our entire
8 conference, our deepest sympathies go out to
9 Teri Longobardo and her family and his family,
10 and also recovery for Officer Baker and best
11 wishes to his family. And our profound
12 appreciation for the amazing work that has
13 been done on behalf of all New Yorkers.
14 Thank you, Mr. President.
15 THE PRESIDENT: The question is
16 on the resolution. All those in favor please
17 indicate so by saying aye.
18 (Response of "Aye.")
19 THE PRESIDENT: Opposed, nay.
20 (No response.)
21 THE PRESIDENT: The resolution is
22 adopted, Senator Bruno.
23 (Extended applause.)
24 THE PRESIDENT: Trooper Baker,
25 you have just listened to six of the voices of
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1 the New York State Senate, including Leader
2 Bruno and Senator Farley, Senator Volker,
3 Senator Young, Senator Winner and Senator
4 Duane. And they in many respects echo the
5 collective feelings of all of the Senators and
6 the thoughts of our related staff and visitors
7 to this chamber and the caring of residents of
8 New York all around this state.
9 We appreciate not only your great
10 effort but the effort that you and your
11 colleagues always give thinking about others
12 other than yourself and protecting and
13 defending the rights of New Yorkers all around
14 this state.
15 Senator Farley talked about the
16 terrible afternoon, morning and afternoon of
17 September 12th when, very close to here, we
18 came to bury Trooper Longobardo. At that time
19 it was very difficult to watch his family --
20 his parents, his wife, Teri, also with an
21 infant son -- and all those who came to share
22 grief with each other and to try to find a way
23 to aid this family.
24 If there was a silver lining around
25 that dark cloud, it may have been the
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1 collective and strong feeling that evoked from
2 that room the prayer for Trooper Baker's
3 recovery. I never thought that on that day in
4 September that the trooper would be strong
5 enough, resilient enough, and miraculously
6 healthy enough to join us in this chamber.
7 We all salute the effort that you
8 have waged. We all are happy that you and
9 your family can be reunited. And we all mourn
10 the passing of those who gave their lives in
11 law enforcement in service to New Yorkers.
12 Thank you for joining us here in the chamber
13 today.
14 Senator Bruno.
15 SENATOR BRUNO: Thank you,
16 Mr. President.
17 I believe I have another resolution
18 at the desk that had been previously passed,
19 Resolution Number 263. I would ask at this
20 time that it be read in its entirety and again
21 move for its immediate adoption.
22 THE PRESIDENT: The Secretary
23 will read.
24 THE SECRETARY: By Senators Bruno
25 and Farley, Legislative Resolution Number 263,
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1 recognizing February 9, 2007, as "Blue
2 Friday."
3 "WHEREAS, The State of New York
4 takes great pride in participating in
5 significant days of recognition; and
6 "WHEREAS, Albany radio station WGNA
7 has teamed up with the Capital District
8 chapter of Concerns of Police Survivors, Inc.
9 (COPS) in recognizing February 9, 2007, as
10 'Blue Friday' in honor of police officers who
11 have sacrificed their lives in the line of
12 duty and those who are currently bravely
13 serving communities across New York State; and
14 "WHEREAS, COPS, organized in 1984
15 with approximately 110 members, has grown into
16 a nationwide nonprofit organization with
17 48 chapters throughout the United States and
18 an affiliate in the United Kingdom. Its
19 mission is to help rebuild the lives of
20 survivors of law enforcement officers killed
21 in the line of duty by serving as a
22 clearinghouse for federal and state benefits
23 information and resources that may be
24 available to the surviving families; and
25 "WHEREAS, COPS also provides
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1 training to law enforcement agencies on
2 survivor victimization issues and educates the
3 public of the need to support the law
4 enforcement profession and its survivors; and
5 "WHEREAS, Each year between 140 and
6 160 officers are killed in the line of duty,
7 and their families and coworkers are left to
8 cope with the tragic loss; and
9 "WHEREAS, Today COPS' membership --
10 including spouses, children, parents,
11 siblings, significant others and coworkers of
12 officers killed in the line of duty --
13 consists of more than 12,000 families; and
14 "WHEREAS, February 9th is a
15 reminder to pay tribute to those in the law
16 enforcement community who have made the
17 ultimate sacrifice; and
18 "WHEREAS, On February 9, 2007, from
19 6:00 a.m. to 10:00 a.m., COPS will be taking a
20 Donation for a Carnation, selling blue
21 carnations and special edition 'Blue Friday'
22 T-shirts. All proceeds will go directly to
23 COPS; and
24 "WHEREAS, The State of New York is
25 eternally grateful for the service of its
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1 brave men and women in law enforcement and
2 applauds the efforts of COPS to assist the
3 families of those who have made the ultimate
4 sacrifice; now, therefore, be it
5 "RESOLVED, That this Legislative
6 Body pause in its deliberations to recognize
7 February 9, 2007, as 'Blue Friday' and to
8 extend its heartfelt appreciation and
9 admiration to its law enforcement officials;
10 and be it further
11 "RESOLVED, That copies of this
12 resolution, suitably engrossed, be transmitted
13 to WGNA and COPS."
14 THE PRESIDENT: Senator Bruno.
15 SENATOR BRUNO: Thank you,
16 Mr. President and colleagues.
17 We've just heard another resolution
18 that relates to people in blue, officers like
19 Trooper Baker, like Trooper Meltz that is here
20 assisting him.
21 And when you think about what we're
22 commemorating here, with COPS, a
23 not-for-profit organization that helps the
24 surviving families get reacclimated to life,
25 the people that we're talking about -- and the
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1 sad fact is there's 140 to 160 law enforcement
2 people that are killed every year.
3 Now, all of us, when there's a
4 commemoration, when names are added over at
5 the monument here, hope and pray that there
6 won't be another person. But that's what
7 their lives are about, being prepared to make
8 the ultimate sacrifice, as did Trooper
9 Longobardo, as did Trooper Craig Todeschini
10 out in the western part of the state just this
11 past year.
12 And with COPS, there are a number
13 of representatives that are here locally. And
14 I know Station WGNA is here; they're going to
15 be helping. DeNooyer Chevrolet is going to be
16 helping. People like Pizzeria Uno. They're
17 going to be raising money this Friday, these
18 days, with blue carnations. Last year I think
19 around here they raised about $11,000.
20 But when you think about 12,000
21 families throughout the United States that are
22 being assisted -- and I just want to recognize
23 here, the president of COPS is Albany Police
24 Officer Pat Fox. And he's here with his
25 chief, Chief Tuffey, that is here with our
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1 very esteemed Mayor Jennings, of Albany, that
2 hosts the Capitol and all of us here. And the
3 vice president, Troy Police Officer Bob
4 Fitzgerald.
5 And from radio station WGNA, Bob
6 Ausfeld, regional VP; Buzz Brindle, program
7 director; radio DJs Sean McMaster, Richie
8 Phillips, and Casey Danton; Chris Sousis,
9 manager; and Selena Dutcher, marketing
10 director.
11 We really want to thank you for the
12 extraordinary service that you perform on
13 behalf of people locally and for all those
14 throughout the United States, but especially
15 reflecting on the service of people in blue.
16 All of us every minute should bear
17 in mind that when we see people who are out
18 there, they're out there prepared to literally
19 put their life on the line, out of love for
20 their neighbor and for others, each and every
21 day. And unfortunately, too many of them get
22 called to me that supreme sacrifice.
23 So, Mr. President, thank you, and
24 colleagues, thank you. And to everyone in law
25 enforcement, we thank you all, and God bless
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1 you.
2 THE PRESIDENT: Senator Farley.
3 SENATOR FARLEY: Thank you,
4 Mr. President.
5 I also rise to speak to this
6 resolution with Senator Bruno.
7 In 2005, working with WGNA, we
8 started this organization to honor fallen
9 police officers. And this year it's taking on
10 a broader scope to honor everybody that serves
11 in the police business. And I think that's
12 very significant.
13 WGNA, the number-one radio station
14 in this area, has really done a great job with
15 this. And I'll be calling you --
16 incidentally, I was going to introduce all of
17 these guys up there. You can all wave.
18 They're all up in the balcony. And I will be
19 calling the station to try to promote this,
20 because on Friday we're going to see what we
21 can do to raise even more money than we did
22 last year.
23 And this is a great organization,
24 but it honors every single police officer that
25 serves, and especially those that have lost
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1 their lives in the line of duty.
2 It's my pleasure to support this
3 resolution and to wish everybody on Friday to
4 thank a police officer when you see him for
5 his service.
6 Thank you very much, Mr. President.
7 THE PRESIDENT: Senator Morahan,
8 on the resolution.
9 SENATOR MORAHAN: Thank you,
10 Mr. President.
11 I rise to congratulate COPS for
12 what they do for the families of police
13 officers, in particular those who have been
14 slain in the line of duty.
15 It's particularly moving to me, in
16 that my wife's father, a New York City police
17 officer, in 1935, on Fifth Avenue in the
18 Borough of New York, was killed in a holdup.
19 My wife was 18 months old, her sister was just
20 about 5, and her mother was in her late 20s.
21 Her dad, who was slain, was only 29 years old,
22 Patrolman James Killion.
23 I met my wife when she was 15. And
24 as we talked about our family background, she
25 told me when she was a little kid her mother
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1 received $125 a month, and that was it, for
2 the loss of their dad. There were no special
3 programs. There were no special funds. The
4 mother raised those two children by herself,
5 as well as cared for her aging parents. She
6 worked all her life.
7 It seems to me that had
8 organizations like COPS and so many others
9 that have started since -- in particular, the
10 National Law Enforcement Association in
11 Washington, D.C., of which my wife is a
12 founding member -- and all of the other good
13 organizations and benefits that now come into
14 play, had they been available, maybe her life,
15 my wife's -- her sister's and her mom's --
16 would have been totally different.
17 She explained to me she had
18 difficulty going through school, didn't
19 know -- every time she had to write down her
20 parents, to write down where it said "Father,"
21 "deceased," she didn't know what it meant.
22 And she didn't realize till years later how
23 tough it was.
24 So I congratulate COPS for what
25 they do. I congratulate all of our law
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1 enforcement people for what they do to keep us
2 safe.
3 And I commend all the families that
4 stand behind our law enforcement community to
5 give them support, and also for the anguish
6 they face just about every day, knowing that
7 their spouse, husband or wife, who go out to
8 protect our community, may or may not come
9 back. And those children of those officers
10 who may or may not ever see their dad or know
11 the love of a mother or father again.
12 So congratulations to COPS. I wish
13 you all the best. I think this resolution
14 recognizing your formation and all that you do
15 is a tribute to you and a sentiment from this
16 body.
17 Thank you, Mr. President.
18 THE PRESIDENT: This resolution
19 was unanimously adopted on January 30th, but
20 we thank Senator Bruno for bringing it back up
21 at this particular time. So this resolution
22 is already adopted.
23 We would therefore like to thank
24 all of those associated with COPS for the
25 appreciation day for all of those who serve in
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1 the line of duty on February 9th, this coming
2 Friday.
3 And we particularly thank Senator
4 Morahan for his poignant remarks, which put
5 this entire opportunity that we've shared this
6 afternoon in perspective.
7 Senator Bruno.
8 SENATOR BRUNO: Mr. President,
9 can we offer everyone in the chamber the
10 opportunity to join in the resolution for
11 Trooper Baker and for this resolution, if
12 that's possible at this date.
13 And anyone that would like not to
14 be on, would you please just privately
15 approach the desk.
16 Thank you, Mr. President.
17 THE PRESIDENT: All the members'
18 names will be listed on this resolution. Any
19 of those who would decide not to be may report
20 so at the desk.
21 This is a procedural matter; we've
22 never had anyone indicate that in this type of
23 situation.
24 The resolution is adopted.
25 Senator Bruno.
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1 SENATOR BRUNO: And,
2 Mr. President, I believe there is a resolution
3 at the desk, Number 261, by Senator Golden. I
4 would ask that its title be read. It's
5 already been adopted.
6 Thank you, Senator Golden.
7 THE PRESIDENT: The Secretary
8 will read.
9 THE SECRETARY: By Senator
10 Golden, Legislative Resolution Number 261,
11 commemorating the 92nd anniversary of the Boy
12 Scouts of America.
13 THE PRESIDENT: Senator Golden,
14 on the resolution.
15 SENATOR GOLDEN: Thank you,
16 Mr. President.
17 We talked about men and women in
18 uniform today that work hard across this state
19 and some of them that have perished. Well,
20 we're going to talk about another group of men
21 and women in uniform.
22 And many of these young men and
23 women in uniform go on to be police officers,
24 military leaders, CEOs of corporations,
25 leaders in education and physics, the medical
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1 world. And these are our young Boy Scouts and
2 Girl Scouts of America, who have, for the past
3 hundred years, been a part of the fabric of
4 this great nation. This organization was
5 started in 1910 and given a charter by
6 Congress in 1916.
7 Scouting instills values in our
8 citizens of tomorrow, and its goal is to
9 create citizens that are physically, mentally,
10 and emotionally fit. And the Scout Law states
11 that a Scout is trustworthy, loyal, helpful,
12 friendly, courteous, kind, obedient, cheerful,
13 thrifty, brave, clean and reverent.
14 I have an 8-year-old who's a Cub
15 Scout, and he can't wait to go on Monday
16 nights.
17 And in this Boy Scout program that
18 we have here in this great state and across
19 this nation, there are almost one million
20 young men and women, 543,000 adult volunteers,
21 and over 50,000 teams or troops.
22 And this group here I'm about to
23 introduce here, and what this legislation is
24 all about, they not only work in this great
25 state but they also accepted a Peace Light
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1 from Israel, which we had here last year and
2 again this year. And that Peace Light goes
3 around the world. And this troop was the one
4 that greeted it at Kennedy Airport and brought
5 it to the State of New York.
6 And I'm proud here to point to
7 these great individuals: a Cub Scout, Robert
8 Papandrea; our Eagle Scouts, Peter Inga and
9 Thomas Colasanto, and our Venturer, Caitlin
10 Long, all belonging to the Troop Group 99 of
11 St. Athanasius.
12 This is what our future is about.
13 It's about getting involved with our youth and
14 guiding them down a path that will be good for
15 them and good for this great city and this
16 great nation.
17 And I ask and open it up to all of
18 my colleagues to make sure that they too can
19 be part of this great resolution.
20 Thank you, Mr. President.
21 THE PRESIDENT: This resolution
22 was unanimously adopted on Tuesday,
23 January 30th.
24 And we will include all the names
25 of Senators on the resolution unless otherwise
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1 indicated by the members.
2 And we congratulate the Troop
3 Group 99 and all concerned, and thank Senator
4 Golden for his words and the resolution.
5 That completes the Resolution
6 Calendar. And, Senator Skelos, what is your
7 pleasure?
8 SENATOR SKELOS: Mr. President,
9 if we could go to the noncontroversial reading
10 of the calendar.
11 THE PRESIDENT: The Secretary
12 will read the noncontroversial calendar.
13 THE SECRETARY: Calendar Number
14 4, by Senator Padavan, Senate Print 84, an act
15 to amend the Penal Law, in relation to the
16 definition of the term "retail value."
17 THE PRESIDENT: Read the last
18 section, please.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the first of
21 November.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE PRESIDENT: Results.
25 THE SECRETARY: Ayes, 54. Nays,
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1 1. Senator Duane recorded in the negative.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 19, by Senator DeFrancisco, Senate Print 56,
6 an act to amend the Penal Law, in relation to
7 demonstrating.
8 THE PRESIDENT: Last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 55.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 20, by Senator Padavan, Senate Print 69, an
18 act to amend the Penal Law, in relation to
19 seizure and forfeiture.
20 THE PRESIDENT: The Secretary
21 will read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first of
24 November.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE PRESIDENT: Results.
3 THE SECRETARY: Ayes, 55.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 24, by Senator Morahan, Senate Print 122, an
8 act to amend the Penal Law and the Criminal
9 Procedure Law, in relation to fixing
10 sentences.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 8. This
14 act shall take effect on the first of
15 November.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE PRESIDENT: Results.
19 THE SECRETARY: Those recorded in
20 the negative on Calendar Number 24 are
21 Senators Dilan, Duane, Hassell-Thompson,
22 Montgomery, Parker and Perkins. Also Senator
23 Huntley.
24 Ayes, 48. Nays, 7.
25 THE PRESIDENT: The bill is
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1 passed.
2 THE SECRETARY: Calendar Number
3 32, by Senator Young, Senate Print 378, an act
4 to amend the Criminal Procedure Law, in
5 relation to eligibility.
6 THE PRESIDENT: Last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first of
9 November.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE PRESIDENT: The Secretary
13 will announce the results.
14 THE SECRETARY: Those recorded in
15 the negative on Calendar Number 32 are
16 Senators Duane, Hassell-Thompson, Huntley,
17 L. Krueger, Montgomery, Parker, Perkins,
18 Schneiderman, and Stewart-Cousins.
19 Ayes, 46. Nays, 9.
20 THE PRESIDENT: The bill is
21 passed.
22 That completes the noncontroversial
23 reading of the calendar.
24 Senator Skelos.
25 SENATOR SKELOS: Mr. President,
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1 is there any further business at the desk?
2 THE PRESIDENT: No, there is not.
3 SENATOR SKELOS: There being
4 none, I move we stand adjourned until Tuesday,
5 February 6th, at 10:00 a.m.
6 THE PRESIDENT: The Senate will
7 adjourn until Tuesday, February 6th, at
8 10:00 a.m., 10:00 a.m.
9 (Whereupon, at 3:57 p.m., the
10 Senate adjourned.)
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