Regular Session - April 17, 2007
1925
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 17, 2007
11 3:04 p.m.
12
13
14 REGULAR SESSION
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16
17
18 LT. GOVERNOR DAVID A. PATERSON, President
19 STEVEN M. BOGGESS, Secretary
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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 As we observe our Pledge of
5 Allegiance to the Flag today, I should inform
6 you that the Governor has lowered the flags to
7 half-mast in honor of 32 murdered college
8 students in Virginia. All of our prayers go
9 to their families, the other students, and to
10 that bereaved community.
11 I suggest we have a moment of
12 silence even prior to our Pledge of
13 Allegiance.
14 (Whereupon, the assemblage
15 respected a moment of silence.)
16 THE PRESIDENT: Now I'd ask
17 everyone assembled to please rise and join me
18 in reciting the Pledge of Allegiance to our
19 Flag.
20 (Whereupon, the assemblage recited
21 the Pledge of Allegiance to the Flag.)
22 THE PRESIDENT: Our invocation
23 today will be delivered by the Reverend Harold
24 H. Comings, of the Bible Baptist Church of
25 Cortland, New York.
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1 Reverend.
2 REVEREND COMINGS: Let's look
3 together to the Lord in prayer.
4 Our God, You mandate us in Your
5 word to pray on behalf of those who are in
6 leadership in government. And we seek to do
7 that, but it's a rare occasion when we have
8 the opportunity to do it in the hearing of
9 some of those men and women. And today we
10 have that privilege.
11 And as we meet here, we have been
12 reminded afresh in a very public way that
13 these men and women are responsible to try to
14 give us some degree of order in a world that
15 is very, very messed up and messes with our
16 minds, with our hearts and our lives. We live
17 in a world that is fallen, and many is the
18 time it falls upon us or upon ones that we
19 love and care about.
20 And so in fulfilling Your
21 commission to pray for these men and women
22 gathered here today, we would ask, Father,
23 that You would give to them in common grace,
24 day by day, the ability to be wise, the
25 ability to be discerning, the ability to be
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1 compassionate, and the ability to be
2 continually in touch with the real world going
3 on outside these walls. That their hearts,
4 their passions might be in what they do here.
5 We thank You for them and for the
6 desire to make a difference in their world
7 which motivates them.
8 We also remember that when they
9 come here, they carry on their shoulders the
10 burdens of life as well. We realize that they
11 too experience things that weigh down upon
12 their hearts -- loved ones who are sick,
13 decisions that have to be made that confuse
14 them, things with which they struggle, and
15 perhaps even -- perhaps even disillusionment
16 sometimes that comes into their heart as they
17 seek to do the right thing and find themselves
18 criticized, find themselves vilified,
19 sometimes even looking back on decisions
20 wondering if they did the right thing.
21 I ask, Father, that You day by day
22 would give to these folks the common grace of
23 Your wisdom. And we realize that not every
24 one of them is going to embrace Your son, the
25 Lord Jesus Christ, as savior. Thank You for a
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1 country that gives to us the freedom to accept
2 or to reject.
3 But, Father, may they each one have
4 within their circle of friendships men or
5 women who do know Christ who will represent
6 Him well. This I would ask in His name.
7 Amen.
8 THE PRESIDENT: Thank you,
9 Father, and thank you, Senator Seward.
10 The reading of the Journal.
11 THE SECRETARY: In Senate,
12 Monday, April 16, the Senate met pursuant to
13 adjournment. The Journal of Sunday, April 15,
14 was read and approved. On motion, Senate
15 adjourned.
16 THE PRESIDENT: The Journal is
17 approved as read.
18 To the order of business.
19 Presentation of petitions.
20 Messages from the Assembly.
21 Messages from the Governor.
22 Reports of standing committees.
23 The Secretary will read.
24 THE SECRETARY: Senator O.
25 Johnson, from the Committee on Finance,
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1 reports the following nominations.
2 As the chairman of the Public
3 Employment Relations Board, Jerome Lefkowitz,
4 Esquire, of Albany.
5 THE PRESIDENT: Senator Johnson.
6 SENATOR OWEN JOHNSON: Move the
7 nomination.
8 THE PRESIDENT: Senator Maltese,
9 on the nomination.
10 Senator Maziarz, on the nomination.
11 SENATOR MAZIARZ: Thank you very
12 much, Mr. President. I appreciate Senator
13 Maltese yielding to me.
14 Mr. President, I rise in support of
15 this nomination. Jerome Lefkowitz appeared
16 before the Senate Labor Committee two or three
17 weeks ago. And I have to tell you that,
18 Mr. President, speaking with Mr. Lefkowitz
19 both privately and at the committee meeting,
20 it was almost like talking to Senator Marchi
21 about the history of the state of New York and
22 all of his work back in the 1960s with
23 Governor Rockefeller and former Attorney
24 General Louie Lefkowitz and his construction
25 of the Taylor Law and other issues, important
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1 issues which really make this state great.
2 So, Mr. President, I congratulate
3 Governor Spitzer on this nomination and on the
4 next nomination we're going to take up, the
5 nomination of Mr. Hite, both of whom appeared.
6 And I want to point out for all of
7 my friends that Governor Spitzer, when he was
8 running, said he was going to reach across the
9 aisle, and these are two great examples of
10 that, since both Mr. Lefkowitz and Mr. Hite
11 happen to be registered members of my
12 political party, Mr. President.
13 You looked shocked, Mr. President.
14 I'm sorry, I didn't mean to stun you.
15 Thank you.
16 THE PRESIDENT: Thank you,
17 Senator Maziarz.
18 Are there any other members that
19 would like to speak on the confirmation?
20 Hearing none, on the nomination,
21 all those in favor please indicate so by
22 saying aye.
23 (Response of "Aye.")
24 THE PRESIDENT: All opposed, nay.
25 (No response.)
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1 THE PRESIDENT: The nominee is
2 confirmed. Jerome Lefkowitz of Albany,
3 New York, who is here accompanied by his wife,
4 Myrna, is hereby confirmed as chair of the
5 Public Employment Relations Board.
6 And, Senator Maziarz, before we
7 have applause, I'd like you to know he's a
8 long-time member of my family, and we reach
9 across the aisle as well.
10 So congratulations, Mr. and
11 Mrs. Lefkowitz, and best wishes as the chair
12 of the Public Employment Relations Board.
13 (Applause.)
14 THE PRESIDENT: The Secretary
15 will read.
16 THE SECRETARY: As a member of
17 the Public Employment Relations Board, Robert
18 Hite, of Albany.
19 THE PRESIDENT: Senator Johnson.
20 SENATOR OWEN JOHNSON: Move the
21 nomination.
22 THE PRESIDENT: On the
23 nomination, all those in favor please indicate
24 so by saying aye.
25 (Response of "Aye.")
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1 THE PRESIDENT: Opposed, nay.
2 (No response.)
3 THE PRESIDENT: Robert Hite, of
4 Albany, New York, is now a member of the
5 Public Employment Relations Board. He is here
6 today with his wife, Tricia, and daughter,
7 Alexandra. We welcome all of them to the
8 chamber.
9 And, Mr. Hite, you are hereby
10 confirmed as a member of the Public Employment
11 Relations Board.
12 (Applause.)
13 THE PRESIDENT: Back to the order
14 of business.
15 Reports of select committees.
16 Communications and reports from
17 state officers.
18 Motions and resolutions.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President,
21 if we could adopt the Resolution Calendar,
22 with the exception of Resolutions 1525, 1526,
23 1532, and 1534.
24 THE PRESIDENT: All those in
25 favor of adopting the Resolution Calendar,
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1 with the exception of Resolutions 1525, 1526,
2 1532 and 1534, please indicate so by saying
3 aye.
4 (Response of "Aye.")
5 THE PRESIDENT: Opposed, nay.
6 (No response.)
7 THE PRESIDENT: The Resolution
8 Calendar is adopted.
9 Senator Skelos.
10 SENATOR SKELOS: Mr. President,
11 there's a Resolution 6289, by Senator
12 Fuschillo, which has been previously adopted.
13 If we could have it read in its entirety at
14 this time.
15 THE PRESIDENT: Thank you,
16 Senator Skelos.
17 The Secretary will read.
18 THE SECRETARY: By Senator
19 Fuschillo, Legislative Resolution Number 6289,
20 honoring the Merrick/North Merrick Little
21 League 10/11-year-old Baseball Team upon the
22 occasion of capturing the 2006 New York State
23 Championship.
24 "WHEREAS, It is the sense of this
25 Legislative Body to recognize and pay tribute
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1 to those young people within the State of
2 New York who have inspired and brought pride
3 to their school and community by achieving
4 outstanding success in athletic competition
5 and
6 "WHEREAS, Attendant to such concern
7 and in full accord with its long-standing
8 traditions, this Legislative Body is justly
9 proud to honor the Merrick/North Merrick
10 Little League 10/11-year-old Baseball Team
11 upon the occasion of capturing the 2006
12 New York State Championship; and
13 "WHEREAS, Outscoring their
14 opponents in the three Final Four games by 26
15 runs, the Merrick/North Merrick Little League
16 10/11-year-old Baseball Team captured the 2006
17 New York State Championship with a 5-0 victory
18 over College Point; and
19 "WHEREAS, The runners-up in the
20 2005 New York State Championship, the
21 Merrick/North Merrick Little League
22 10/11-year-old Baseball Team are the most
23 successful team in the 56-year history of
24 their Little League; and
25 "WHEREAS, The athletic talent
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1 displayed by this team is due in great part to
2 the efforts of Manager Nick Yohe and Coaches
3 Bill Goldband and Bill Murphy, skilled and
4 inspirational tutors who have done a superb
5 job in guiding, molding and inspiring the team
6 members toward their goals; and
7 "WHEREAS, Loyally and
8 enthusiastically supported by family, fans and
9 friends, the Merrick/North Merrick Little
10 League 10/11-year-old Baseball Team have
11 proven themselves to be an unbeatable
12 combination of talents, reflecting favorably
13 on their community; now, therefore, be it
14 "RESOLVED, That this Legislative
15 Body pause in its deliberations to honor the
16 Merrick/North Merrick Little League
17 10/11-year-old Baseball Team, its members --
18 Ryan Goldband, Michael Mento, Jake Schwartz,
19 Tommy Murphy, Dean Brownworth, Kevin Hiss,
20 Tyler Goedtel, Danny Trepel, Timmy Murphy,
21 Jack Zajaga, Jonathan Goldberg and Tommy
22 Yohe -- Manager Nick Yohe, and Coaches Bill
23 Goldband and Bill Murphy upon the occasion of
24 capturing the 2006 New York State
25 Championship; and be it further
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1 "RESOLVED, That copies of this
2 resolution, suitably engrossed, be transmitted
3 to the Merrick/North Merrick Little League
4 10/11-year-old Baseball Team, Manager Nick
5 Yohe, and Coaches Bill Goldband and Bill
6 Murphy."
7 THE PRESIDENT: On the
8 resolution, Senator Fuschillo.
9 SENATOR FUSCHILLO: Thank you
10 very much, Mr. President.
11 I am proud to rise once again.
12 This is the third year in a row, my
13 colleagues, that a team from Merrick Little
14 League has won the state champs in the
15 Williamsport tournament. I don't think any
16 other Senator can claim that.
17 I want to welcome these young boys
18 to the State Capitol. I hope you've enjoyed
19 your day. They had lunch up here. They just
20 toured the Capitol. They met the Lieutenant
21 Governor, they met the Majority Leader, and
22 now you've seen the proceedings of the Senate.
23 They were runners-up in 2005. They
24 came back, they won the state champs in 2006.
25 I want to congratulate Nick Yohe, their
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1 manager, their coaches Bill Murphy and Bill
2 Goldband, but especially to the parents. As a
3 parent of a child who we honored two years ago
4 in the Williamsport team, I know the
5 commitment. I want to congratulate you and
6 thank you for all of your commitment to your
7 children.
8 Boys, please stand up.
9 Congratulations.
10 (Applause.)
11 SENATOR FUSCHILLO: Thank you
12 very much, Mr. President.
13 THE PRESIDENT: On the
14 resolution, Senator Golden.
15 SENATOR GOLDEN: Thank you,
16 Mr. President.
17 I too rise to congratulate these
18 young warriors up here from Merrick. Thank
19 you for what you do for Long Island and for
20 Williamsport and what you do for your team and
21 your community at home. You are truly young
22 stars that are going to rise someday to be
23 famous.
24 Keep up the great work. We
25 appreciate what you've been able to achieve.
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1 And there will be many more championships
2 ahead for you guys. Keep it up.
3 I also wanted to point out across
4 the street from you, right over here, we have
5 more champs up that from Xaverian High School
6 in Brooklyn. And they're here to join us
7 today as they take a tour of this Capitol.
8 And each one of them have played in Little
9 Leagues and today play for Xaverian High
10 School, many of them.
11 So thank you, both of you, both
12 teams, for being here today, and we appreciate
13 you coming up to this Capitol. God bless both
14 of you. Thank you.
15 (Applause.)
16 THE PRESIDENT: Thank you,
17 Senator Golden.
18 This resolution does not have to be
19 passed. It was already unanimously approved
20 by the Senate on September 15, 2006. But we
21 reread it today because we're so happy to have
22 the North Merrick Little League here with us.
23 Earlier today they came in and took
24 pictures, and I met the coach, Nick Yohe, and
25 the managers, Bill Goldband and Bill Murphy.
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1 And we are very happy to have all of you here
2 today.
3 So once again, a hearty
4 congratulations, and we look forward to seeing
5 all of you in your last Little League year
6 appearing in Williamsport and maybe winning
7 the Little League World Series.
8 Congratulations.
9 (Applause.)
10 THE PRESIDENT: That last
11 applause is for Senator Skelos.
12 Senator Skelos.
13 SENATOR SKELOS: Thank you,
14 Mr. President. There's Resolution 1525 at the
15 desk by Senator Maltese. If we could have it
16 read in its entirety, open it up for
17 cosponsorship, and move for its immediate
18 adoption.
19 THE PRESIDENT: The Secretary
20 will read.
21 THE SECRETARY: By Senator
22 Maltese, Legislative Resolution Number 1525,
23 commemorating the 10th Anniversary of the
24 Interboro Parkway in Kings and Queens Counties
25 being renamed the Jackie Robinson Parkway, in
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1 honor of the first African-American baseball
2 player in the Major Leagues.
3 "WHEREAS, It is the intent of this
4 Legislative Body to recognize and pay tribute
5 to those exemplary athletes who have attained
6 unprecedented success and achievement through
7 personal courage, integrity and dedicated
8 effort; and
9 "WHEREAS, Attendant to such
10 concern, and in full accord with its
11 long-standing traditions, this Legislative
12 Body is justly proud to commemorate the 10th
13 Anniversary of the Interboro Parkway in Kings
14 and Queens Counties being renamed the Jackie
15 Robinson Parkway, in honor of the first
16 African-American baseball player in the Major
17 Leagues; and
18 "WHEREAS, On April 15, 1947, Jackie
19 Robinson became the first African-American to
20 play in a major league baseball game, when he
21 started at first base for the Brooklyn Dodgers
22 against the Boston Braves; and
23 "WHEREAS, Born on January 31, 1919,
24 in Cairo, Georgia, Jack Roosevelt Robinson, or
25 Jackie, as he was known, was raised, along
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1 with his four brothers and sisters, by his
2 mother in Pasadena, California; and
3 "WHEREAS, an athlete of outstanding
4 physical skills with a burning, single-minded
5 desire for victory, Jackie Robinson attended
6 the University of California at Los Angeles,
7 where he won an unprecedented four varsity
8 letters in four different sports: track,
9 football, baseball and basketball; and
10 "WHEREAS, During World War II,
11 Jackie Robinson enlisted in the United States
12 Army, where he rose to the rank of second
13 lieutenant and was honorably discharged after
14 two years; and
15 "WHEREAS, After leaving the Army,
16 Jackie Robinson began playing with the Kansas
17 City Monarchs of the Negro National League.
18 He was later signed to a major league baseball
19 contract by Branch Rickey and assigned to the
20 Dodgers' Montreal farm team of the
21 International League in 1946; and
22 "WHEREAS, At the age of 28, Jackie
23 Robinson joined the Brooklyn Dodgers of the
24 National League and led the team to its first
25 pennant since 1941. During the season, he hit
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1 .297, scored 125 runs, and led the league in
2 stolen bases with 29, and was named Rookie of
3 the Year; and
4 "WHEREAS, Instrumental in leading
5 the Dodgers to six World Series appearances in
6 ten years, Jackie Robinson was named Most
7 Valuable Player in 1949, when he led the
8 league in batting and stolen bases; and
9 "WHEREAS, Jackie Robinson retired
10 from baseball in 1957 and was elected to the
11 Baseball Hall of Fame in Cooperstown,
12 New York, in 1962, a fitting climax to an
13 illustrious career that triumphed over
14 adversity and led the way for other
15 African-American baseball players to emulate;
16 and
17 "WHEREAS, On June 4, 1972, the
18 Dodgers retired his No. 42 uniform in on-field
19 ceremonies at Dodger Stadium in Los Angeles,
20 California. All of major league baseball
21 saluted him in 1997, on the 50th anniversary
22 of his breaking the color barrier, and retired
23 his number permanently from the game; and
24 "WHEREAS, on October 24, 1972,
25 Jackie Robinson, a man who made it possible
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1 for Americans to see beyond skin color to a
2 person's true character, passed away at the
3 age of 53; and
4 "WHEREAS, With him throughout were
5 his wife, Rachel; his three children, David,
6 Sharon, and the late Jack, Jr.; and his 11
7 grandchildren, all of whom felt privileged to
8 be a part of his life and rejoiced in his many
9 achievements; and
10 "WHEREAS, to celebrate his life and
11 illustrious achievements, the Robinson family
12 established the Jackie Robinson Development
13 Foundation, a real estate development,
14 management and training organization; the
15 Jackie Robinson Foundation, a public,
16 nonprofit organization that provides education
17 and leadership development programs for
18 minority youths with limited financial
19 resources; and the Jackie Robinson Center for
20 Excellence in Education, an alternative
21 therapeutic educational program for students
22 with emotional, behavioral and/or academic
23 problems; and
24 "WHEREAS, The Interboro Parkway was
25 an appropriate highway for this designation by
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1 virtue of its location connecting the Borough
2 of Brooklyn, the former home of the Dodgers
3 and Ebbets Field, with the Borough of Queens,
4 the present home of the New York Mets and Shea
5 Stadium; now, therefore, be it
6 "RESOLVED, That this Legislative
7 Body pause in its deliberations to commemorate
8 the 10th anniversary of the Interboro Parkway
9 in Kings and Queens Counties being renamed the
10 Jackie Robinson Parkway, in honor of the first
11 African-American baseball player in the major
12 leagues; and be it further
13 "RESOLVED, That copies of this
14 resolution, suitably engrossed, be transmitted
15 to the family of Jackie Robinson and Fred
16 Wilpon, chairman of the board and chief
17 executive officer of the New York Mets."
18 THE PRESIDENT: On the
19 resolution, Senator Maltese.
20 SENATOR MALTESE: Mr. President,
21 I rise in support of the resolution as read.
22 What was not included in the
23 resolution is the fact that Jackie Robinson
24 served honorably in the United States Army and
25 despite that honorable service, in 1944, he
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1 was a first lieutenant and was asked to go to
2 the rear of the bus that he was traveling on
3 at the time. And as a result of the fact that
4 he declined to do so, he was court martialed
5 by the same military that he was serving so
6 honorably. That court martial came back in
7 August of 1945 with a not guilty on all
8 counts.
9 The reason I mention that is
10 twofold. Number one, that in 1955 Rosa Parks
11 distinguished herself and also made history by
12 doing the self-same thing in Montgomery,
13 Alabama. And it is believed that she had been
14 very much aware of what Jackie Robinson had
15 done some years before.
16 In addition, one year and 23 days
17 after his exoneration and not guilty verdict
18 from the court martial, he went to Montague
19 Street in Brooklyn, New York, and met with
20 Branch Rickey, who was at that time the CEO
21 and general manager of the Brooklyn Dodgers,
22 and signed a contract to join the Brooklyn
23 Dodgers and actually went to their farm team
24 in Montreal.
25 The fact that one year and 23 days
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1 later he was signing a contract to break the
2 infamous color barrier in baseball is
3 significant for us. Sixty years ago Sunday,
4 at Ebbets Field, he became the first
5 African-American to play in major league
6 baseball. He played so well, then and
7 subsequent months, that he was elected the
8 National League Rookie of the Year in 1947.
9 And as some of our baseball fans know, that
10 Rookie of the Year Award now is called the
11 Jackie Robinson Rookie of the Year Award.
12 I want to mention also, in
13 deference to my colleague Velmanette
14 Montgomery, that first season he lived all
15 year long in Bedford-Stuyvesant with his wife
16 Rachel and his baby son.
17 The significance of this great
18 event has not been missed by our major league
19 baseball players. Many of us were pleased to
20 know that in the two weeks just passing, two
21 to three weeks just passing, that the baseball
22 players came forward -- Jackie Robinson wore
23 the number 42, which was retired by the
24 Brooklyn Dodgers and retired permanently some
25 years ago. And the baseball players, on their
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1 own, some weeks ago went to the officials of
2 the leagues and asked to wear the number 42 on
3 their jerseys on April 15th, the anniversary
4 of Jackie Robinson's -- the 60th anniversary
5 of Jackie Robinson's entry into major league
6 ball. What a difference those years have
7 made. Over 200 players wore that number 42
8 voluntarily, willingly, and gladly on their
9 jerseys to commemorate that great day.
10 I want to point out that there were
11 six major league teams that had everybody in
12 uniform, by vote of the players, coaches,
13 managers, and batboys. Those teams are the
14 Dodgers, the St. Louis Cardinals, the
15 Pittsburgh Pirates, Philadelphia Phillies, the
16 Milwaukee Brewers, and the Houston Astros.
17 Ten years ago April 15th, I had the
18 pleasure to cosponsor, with Assemblyman Jeff
19 Aubry, a bill to rename the Interboro Parkway
20 the Jackie Robinson Parkway. This weekend I
21 went and visited the site of Jackie Robinson's
22 grave. Gravesites are very important to me; I
23 took a lot of pains to ascertain that my own
24 family's gravesite is in my Senate district.
25 So in going to that gravesite, I was so
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1 pleased that no intervening mausoleum, grave
2 monument or tree had interfered with the fact
3 that from Jackie Robinson's gravesite, you can
4 see the Interboro Parkway, previously named,
5 and now named the Jackie Robinson Parkway. I
6 imagine that in that ballfield on high, that
7 that gives him a great deal of pleasure.
8 The inscription on the grave reads:
9 "A life is not important except in the impact
10 it has on other lives." And then his name,
11 Jackie Robinson, is on that grave marker.
12 Those were the exact words that Mayor Giuliani
13 stated at the dedication of the Jackie
14 Robinson Parkway.
15 I have sent around a brief copy of
16 the Time magazine for 1947, together with a
17 copy of this resolution. It says: "A Look
18 Back in Time: A Tribute to Jackie Robinson."
19 I think my colleagues can read it with the
20 great pleasure of knowing the changes that
21 have taken place. This article was written in
22 tribute to Jackie Robinson, and yet some of
23 the phrases, terminology and statements would
24 have us shake at the fact that our great
25 nation, such a relatively short time ago, had
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1 such a problem with color.
2 Jackie Robinson went on to be
3 inducted into the Hall of Fame, and not only
4 that, but by his constant inspiration and
5 example has inspired others, black and white,
6 to enter into sports. He was an exemplary
7 sportsman, played in all sports -- as a matter
8 of fact, indicated at times that baseball was
9 one of his least favorites. He excelled in
10 all of them. He was a great sportsman and a
11 great American.
12 I am very, very much pleased to
13 sponsor this resolution and ask that it be
14 opened to all those colleagues who wish to
15 join.
16 Thank you.
17 THE PRESIDENT: On the
18 resolution, Senator Adams.
19 SENATOR ADAMS: Thank you,
20 Mr. President. I too rise in support of this
21 resolution.
22 I think it's important that on a
23 day that we acknowledge the young children and
24 their victory in the Little League series,
25 that because of Jackie Robinson they are able
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1 to play on a field where they can communicate
2 with children who not only look like them but
3 come from different communities and different
4 backgrounds. So it is important that this
5 takes place on that same day.
6 When Jackie Robinson stepped on the
7 baseball field, it put America into the game.
8 The question is, are we going to continue to
9 move in the spirit of that game?
10 We're fortunate to have an
11 African-American that's lieutenant governor,
12 we're fortunate to have African-Americans that
13 hold other prestigious positions. But we have
14 to extend the spirit of Jackie Robinson into
15 so many different fields as we join here
16 today. For Michael Russell, one of the major
17 developers in this country, are we going to
18 pull him into the game of economic
19 development? Are we going to pull in other
20 individuals across this entire state to
21 participate in this baseball game called life?
22 We cannot applaud Jackie if we
23 continue to boo the players that are on the
24 field today and they can't participate in
25 every aspect of the American dream.
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1 The American game is not only
2 baseball, it is also economic development,
3 economic inclusion, economic prosperity. And
4 I would love to live in the spirit of Jackie
5 by not only putting on the uniform of the
6 Dodgers but putting on the blue uniform and
7 the blue suit that would permit me to go into
8 American Express, Smith Barney, putting on
9 those robes that allow our children to become
10 college grads and college participants.
11 So I think in the spirit of Jackie
12 Robinson, let's start the process of not only
13 opening our baseball fields but opening our
14 entire state to make sure all Americans can
15 participate in this game we call life.
16 Thank you.
17 THE PRESIDENT: Senator Huntley,
18 on the resolution.
19 SENATOR HUNTLEY: Yes,
20 Mr. President.
21 I stand to support the resolution
22 and also to let you know that I once
23 personally met Jackie Robinson and his wife,
24 Rachel. They were weekend guests at my
25 grandparents' bed and breakfast in Riverhead,
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1 Long Island, many, many years ago when I was a
2 very young child.
3 They were instrumental in helping
4 me. At that time I remember I was trying to
5 tell time, and the hands were going this way
6 and that way. I could do everything else, but
7 it was so hard to be able to look at the clock
8 and get the hands correct.
9 And I can tell you that Rachel
10 Robinson was very instrumental. And when they
11 left the bed and breakfast that weekend, I was
12 the greatest time-teller there was in
13 Riverhead, Long Island.
14 Thank you.
15 THE PRESIDENT: Are there any
16 other Senators wishing to speak on the
17 resolution?
18 Hearing none, the question is on
19 the resolution. All those in favor please
20 indicate so by saying aye.
21 (Response of "Aye.")
22 THE PRESIDENT: Opposed, nay.
23 (No response.)
24 THE PRESIDENT: The resolution is
25 adopted.
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1 And Senator Skelos has informed us
2 that Senator Maltese would like to open the
3 resolution to all Senators. Anyone not
4 wanting to be on the resolution should
5 indicate so at the desk.
6 And when you're presiding over the
7 Senate, you're not supposed to elicit any
8 personal feelings other than that I'm going to
9 change my son's name to Serphin.
10 (Laughter.)
11 THE PRESIDENT: Senator Skelos.
12 SENATOR SKELOS: Mr. President,
13 there's a Resolution 1532 at the desk, by
14 Senator Marcellino. If we could have it read
15 in its entirety, open it up for cosponsorship,
16 and move for its immediate adoption.
17 THE PRESIDENT: The Secretary
18 will read.
19 THE SECRETARY: By Senator
20 Marcellino, Legislative Resolution Number
21 1532, commemorating the 37th Anniversary of
22 Earth Day on April 22, 2007.
23 "WHEREAS, It is the sense of this
24 Legislative Body to recognize and pay tribute
25 to those organizations dedicating their
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1 purposeful work to increasing public awareness
2 of, and appreciation for, the natural
3 resources of New York, recognizing the role
4 all citizens have in protecting the
5 environment and the quality of life in this
6 Empire State; and
7 "WHEREAS, On April 22, 1970,
8 approximately 25 million Americans
9 participated in the first Earth Day
10 demonstration to express their concerns over
11 the environment and the fate of the planet;
12 and
13 "WHEREAS, In the 37 years that have
14 passed since the original Earth Day, the
15 planet has been subjected to the continuing
16 burdens of world population growth, increasing
17 commercial and residential development, ocean
18 pollution, increasing stores of toxic and
19 nuclear waste, and other similar assaults
20 which have exacerbated the growing dangers of
21 global climate change, ozone depletion, toxic
22 poisoning, deforestation, and mass species
23 extinctions; and
24 "WHEREAS, Following the first Earth
25 Day and the demonstrations of concern of over
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1 20 million Americans, a collective national
2 action has resulted in the passage of sweeping
3 new laws to protect the invaluable resources
4 of air, land and water; and
5 "WHEREAS, April 22, 2007, marks the
6 37th anniversary of Earth Day, a day set aside
7 to celebrate the beauty and bounty of our
8 environment and to revitalize the efforts
9 required to protect and maintain respect for
10 the environment and its resources; and
11 "WHEREAS, Earth Day 2007 activities
12 and events will educate all citizens on the
13 importance of acting in an environmentally
14 sensitive fashion by recycling, conserving
15 energy and water, using efficient
16 transportation and adopting more ecologically
17 sound lifestyles; and
18 "WHEREAS, Earth Day 2007 activities
19 and events will educate all citizens on the
20 importance of supporting the passage of
21 legislation that will help protect the
22 environment and will highlight the importance
23 of a heightened awareness of environmental
24 concerns amongst our state's leaders; and
25 "WHEREAS, The goal of Earth Day
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1 2007 is not to plan only one day of events and
2 activities but to continue worldwide efforts
3 to protect all aspects of the environment;
4 now, therefore, be it
5 "RESOLVED, That this Legislative
6 Body pause in its deliberations to commemorate
7 the 37th anniversary of Earth Day on April 22,
8 2007; and be it further
9 "RESOLVED, That this Legislative
10 Body congratulate all the concerned citizens
11 of New York State who have embraced the
12 responsible work of protecting and preserving
13 the environment for future generations."
14 THE PRESIDENT: On the
15 resolution, Senator Marcellino.
16 SENATOR MARCELLINO: Thank you,
17 Mr. President.
18 A little while ago, on my way down,
19 someone asked the question on the Resolution
20 Calendar, they recognized that this resolution
21 was on once again, and said: "Why are you
22 doing it again? Every year you stand up about
23 the same time, and you put this resolution
24 forward. Why again? Hasn't the message
25 gotten across? Who are you talking to?
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1 Everybody knows the environment is something
2 we have to protect."
3 And my answer was very simple. In
4 the audience today we had some young people.
5 And at the time when we were talking in the
6 hallway, there were young people going by.
7 And I said, "See those young people? It's for
8 them. This resolution is about the future."
9 This resolution is to educate our
10 people, to educate everyone that we don't own
11 this planet. We are merely stewards. Our job
12 is to keep it, keep it safe, protect it, fix
13 some of the problems where they exist. But
14 remember, our job is to pass it on to future
15 generations better than we found it. That's
16 our function.
17 That's the purpose of this
18 resolution. And as long as I'm here, I intend
19 to bring this resolution up each and every
20 year as a reminder.
21 But I would urge each and every one
22 of us to remember that every single day should
23 be considered Earth Day. There's no one day
24 for it. We celebrate it on the 22nd, but this
25 is something that is ongoing every single day
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1 of the year, 365. That's what it's all about,
2 preserving and protecting the environment and
3 passing on a cleaner and healthier planet to
4 our future generations of children and
5 grandchildren.
6 Thank you, Mr. President.
7 THE PRESIDENT: Senator Thompson,
8 on the resolution.
9 SENATOR THOMPSON: Yes,
10 Mr. President. I rise in support of this
11 resolution.
12 And I commend Senator Marcellino
13 for doing this every year, because this is the
14 right thing to do.
15 And unfortunately, in our state
16 right now and in our country, we see a
17 situation where so many communities are under
18 siege with brownfields. I think about places
19 like the city of Niagara Falls, where it was a
20 bustling community just like Buffalo where
21 they have a lot of contaminated sites, and our
22 efforts to encourage these sites not only to
23 be remediated, but we also think about the
24 young people who don't understand about the
25 contamination that exists in our waterways, in
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1 our air, the problems of many people that live
2 in homes that are affected, impacted by
3 lead-based paint. And the fight against
4 contamination is very real.
5 So this week and throughout this
6 month, you will see many people involved in
7 efforts to protect our environment. And,
8 Senator, I want you to know that I think
9 that's really refreshing that you continue to
10 sponsor this resolution, because the struggle
11 for the future generations will be about the
12 environment.
13 If we think about what's going on
14 right now, from California to the Midwest to
15 the Northeast to the Southwest, you're seeing
16 all of these shifts, rapid shifts in weather
17 patterns. And we know that it's because of
18 our environment.
19 And we must continue to fight this
20 good fight to protect the environment, not
21 only for ourselves, but for people like my
22 children and your children and the generations
23 to come.
24 Thank you. I stand in support of
25 this resolution.
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1 THE PRESIDENT: On the
2 resolution, all in favor please indicate so by
3 saying aye.
4 (Response of "Aye.")
5 THE PRESIDENT: Opposed, nay.
6 (No response.)
7 THE PRESIDENT: The resolution is
8 adopted.
9 All members' names will go on the
10 resolution. Anyone not wishing to be on the
11 resolution may indicate so at the desk.
12 Senator Skelos.
13 SENATOR SKELOS: Mr. President,
14 there's a resolution at the desk, 1526, by
15 Senator Maltese. If we could have the title
16 read, move for its immediate adoption, and
17 open it up for cosponsorship.
18 THE PRESIDENT: The Secretary
19 will read the title.
20 THE SECRETARY: By Senator
21 Maltese, Legislative Resolution Number 1526,
22 memorializing Governor Eliot Spitzer to
23 proclaim April 23, 2007, as a day of
24 Remembrance for the Polish Martyrs of the
25 Katyn Forest.
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1 THE PRESIDENT: On the
2 resolution, all those in favor.
3 (Response of "Aye.")
4 THE PRESIDENT: Opposed, nay.
5 (No response.)
6 THE PRESIDENT: The resolution is
7 adopted.
8 It is also open for cosponsorship.
9 We'll put all the names of the Senators on the
10 resolution. Anyone indicating otherwise may
11 do so at the desk.
12 Senator Skelos.
13 SENATOR SKELOS: Mr. President,
14 Resolution 1448 was previously adopted. It's
15 sponsored by Senator Breslin. If we could
16 just have the title read.
17 THE PRESIDENT: The Secretary
18 will read the title of the resolution,
19 Resolution 1448.
20 THE SECRETARY: By Senator
21 Breslin, Legislative Resolution Number 1448,
22 mourning the death of Mark T. Hayes, a man of
23 singular distinction and extraordinary
24 accomplishment.
25 THE PRESIDENT: Senator Breslin.
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1 SENATOR BRESLIN: Thank you,
2 Mr. President.
3 I rise for this resolution on the
4 death of Mark Hayes, who died several weeks
5 ago. And for many of us who have been in this
6 chamber for many years, we knew Mark Hayes as
7 an advocate in the battle against AIDS.
8 And in my dealings with him, which
9 over the last number of years have been almost
10 weekly, I found him to be an extremely bright,
11 caring, sensitive, diligent person who
12 believed with every part of his being in the
13 fight against AIDS.
14 His loss to me is immeasurable,
15 that he will be very, very difficult to be
16 replaced. And I send this resolution to his
17 family members, to his friends who number so
18 many throughout this state.
19 Thank you, Mr. President.
20 THE PRESIDENT: On the
21 resolution, Senator Hassell-Thompson.
22 SENATOR HASSELL-THOMPSON: I was
23 going to yield this time to Senator Krueger.
24 However, Mr. President, thank you.
25 I rise to support this resolution
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1 and to say that as someone who has worked in
2 the field of HIV and AIDS, when I came to
3 Albany, Mark was a person who visited me often
4 and kept me abreast of those things as a
5 reminder of why I came and some of the people
6 for whom there was no voice here in Albany, or
7 else that voice needed support and help in the
8 person of Tom Duane.
9 I needed to be able to stand today
10 to just let Mark know his spirit continues to
11 be ever-present, that the work that he devoted
12 his adult life to will not be in vain, and to
13 thank the sponsors, both Senator Breslin and
14 Senator Krueger, for their sensitivity in
15 recognizing someone who most of you in this
16 room will never know but who all of you should
17 give thanks for, for the work and the
18 advocacy, because each of us knows someone who
19 has been infected or affected by HIV or AIDS.
20 And no matter what we may feel about the
21 disease, it is an illness that is afflicting
22 larger numbers of people in our society every
23 day.
24 And one of the things that Mark was
25 able to do was to acknowledge his own illness
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1 but to go beyond that and make sure that
2 everyone was aware of what this condition
3 meant, to remove the stigma so that people
4 would not be affected where they lived, where
5 they worked, and certainly how they were
6 treated in this society.
7 And for those things, I am very
8 grateful for him and for his life.
9 THE PRESIDENT: On the
10 resolution, Senator L. Krueger.
11 SENATOR LIZ KRUEGER: Thank you,
12 Mr. President.
13 I also want to thank my colleague
14 Senator Breslin for putting in the resolution
15 for his constituent -- and for many of us, our
16 friend -- Mark Hayes.
17 And as my colleague Senator Ruth
18 Hassell-Thompson said, Mark took his life and
19 applied his own personal experiences to his
20 advocacy on behalf of people he didn't know,
21 many of us will never know, and reminds us all
22 of the humanity of our job as legislators to
23 try to do whatever we can to cure illness, to
24 address the needs of people who live with
25 chronic illness.
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1 Mark Hayes' passing away reminds us
2 that while we are living in a time where more
3 and more people are living with AIDS, not
4 dying from AIDS, that we still suffer from a
5 reality that every year too many New Yorkers,
6 too many Americans and, particularly abroad,
7 too many people in this world are still dying
8 from AIDS.
9 So I think that this resolution is
10 a tribute not just to the work that Mark was
11 committed to and the organization he advocated
12 for, Housing Works, was committed to, but a
13 moment for us to remember and recognize that
14 there are still too many chronic illnesses
15 that have yet to find cures -- and that it is
16 never the wrong thing for us to stand up in
17 respect for somebody who worked hard on behalf
18 of so many and to remember them for who they
19 were.
20 Thank you, Mr. President.
21 THE PRESIDENT: On the
22 resolution, Senator Duane.
23 SENATOR DUANE: Thank you,
24 Mr. President.
25 I want to thank Senator Breslin and
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1 Senator Krueger for bringing this resolution
2 to the floor.
3 I first met Mark Hayes when I was
4 invited, when I was newly elected as the
5 first -- and as far as I know, still only --
6 member of the Legislature who is living with
7 HIV, to speak before a group of people living
8 with HIV and AIDS at the Damien Center.
9 And someone raised their hand in
10 the back of the room and said, you know,
11 "Please don't forget about those of us living
12 with HIV who are still working in corporate
13 America." And it was Mark Hayes, who was at
14 the time working for the New York State
15 Automobile Dealers Association.
16 And it was a very brave moment for
17 Mark Hayes. And I think that that moment,
18 combined with the work that Housing Works in
19 particular has done here in the capital, paved
20 the way for Mark Hayes becoming a hero. And
21 as we know, heroes are not born or trained,
22 heroes are people that, due to a circumstance,
23 rise to the occasion and change the world.
24 And Mark Hayes was that kind of person.
25 Now, the good news is that in this
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1 nation many people -- sadly, not all, but many
2 people are living longer with HIV and AIDS.
3 In fact, long enough to be afflicted with
4 other diseases. And sadly, that was the case
5 with Mark Hayes. But throughout his really
6 two illnesses, he continued to fight every day
7 to provide services and treatment for people
8 living with HIV and AIDS.
9 Last week he was the recipient of
10 the Keith Cylar Award. Keith Cylar is one of
11 the cofounders, along with Charles King, of
12 Housing Works. And Mark Hayes was the
13 recipient of that award. Unfortunately, he
14 didn't live long enough to receive the award.
15 But I hope that Mark Hayes, every
16 day that he came here to the Capitol to fight
17 on behalf of people with AIDS, knew that he
18 was beloved by those who were given a voice
19 because of his hard work.
20 And I just am hoping and I'm
21 expecting that my colleague will open up this
22 resolution to everyone. But I think that in
23 some small way, if we sign on to this
24 resolution honoring Mark Hayes, we can all be
25 anointed as warriors in the fight against AIDS
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1 here in New York State, in the United States
2 in general, and in fact around the world.
3 Thank you, Mr. President.
4 THE PRESIDENT: Senator Skelos.
5 SENATOR SKELOS: I just would
6 suggest that the resolution has been adopted.
7 If anybody wishes to sponsor the resolution,
8 they should notify the desk.
9 THE PRESIDENT: The resolution
10 was adopted earlier today. Anyone who would
11 like to go on the resolution may indicate so
12 at the desk.
13 Senator Skelos.
14 SENATOR SKELOS: Mr. President,
15 there's a resolution at the desk, 1534, by
16 Senator Bruno. If we could have it read in
17 its entirety, open it up for cosponsorship,
18 and move for its immediate adoption.
19 THE PRESIDENT: The Secretary
20 will read.
21 THE SECRETARY: By Senators Bruno
22 and Morahan, Legislative Resolution Number
23 1534, memorializing Governor Eliot Spitzer to
24 proclaim April 15 through 21, 2007, as
25 Holocaust Remembrance Week in the State of
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1 New York.
2 "WHEREAS, From 1933 to 1945,
3 5.8 million Jews were murdered in the Nazi
4 Holocaust as part of a systematic program of
5 genocide, and millions of other people
6 perished as victims of Nazism; and
7 "WHEREAS, Jews who fell under
8 German control in Eastern and Central Europe
9 were quickly stripped of their rights and
10 property; and
11 "WHEREAS, The Jews who perished at
12 Nazi hands comprised two-thirds of all
13 European Jewry, and in countries such as
14 Poland, which before the Second World War
15 included parts of the Ukraine and Belarus, the
16 Jewish death toll surpassed 90 percent; and
17 "WHEREAS, The people of the State
18 of New York should always remember the
19 atrocities committed by the Nazis so that such
20 horrors are never repeated; and
21 "WHEREAS, Those who survived the
22 killing camps tell us that as many people
23 walked to their deaths, their last words were
24 'Remember us'; and
25 "WHEREAS, The year 2007 marks the
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1 66th anniversary of the beginning of the
2 genocide of European Jews, the darkest, most
3 murderous moment in history; and
4 "WHEREAS, We learn in the aftermath
5 of the Holocaust that indifference to genocide
6 cannot be tolerated. Holocaust remembrance
7 imposes a moral obligation to speak out; and
8 "WHEREAS, The Holocaust represents
9 the darkest period in the civilization of
10 mankind and must always be remembered in order
11 to prevent its reoccurrence anywhere else in
12 the world; and
13 "WHEREAS, The people of the State
14 of New York should continually rededicate
15 themselves to the principle of equal justice
16 for all people; and
17 "WHEREAS, The people of the State
18 of New York should remain eternally vigilant
19 against all tyranny and recognize that bigotry
20 provides a breeding ground for tyranny to
21 flourish; now, therefore, be it
22 "RESOLVED, That this Legislative
23 Body pause in its deliberations to memorialize
24 Governor Eliot Spitzer to proclaim April 15
25 through 21, 2007, as Holocaust Remembrance
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1 Week in the State of New York; and be it
2 further
3 "RESOLVED, That copies of this
4 resolution, suitably engrossed, be transmitted
5 to the Honorable Eliot Spitzer, Governor of
6 the State of New York, and to the Holocaust
7 Museum and Study Center, 17 South Madison
8 Avenue, Spring Valley, New York, 10977."
9 THE PRESIDENT: On the
10 resolution, Senator Morahan.
11 SENATOR MORAHAN: Thank you,
12 Mr. President.
13 It is fitting that we remember what
14 has gone on in the past in the hope that we'll
15 never witness or hear of such atrocities in
16 the future. The Holocaust period between 1933
17 and 1945 saw almost an entire religious
18 community, two-thirds of the Jews in Europe,
19 and almost 90 percent in other countries such
20 as Poland, wiped from the face of the earth,
21 men, women and children.
22 Senator Marcellino earlier in a
23 resolution talked about our obligation to the
24 young people for the future. We have that
25 same obligation to pause in memory of the
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1 Holocaust, that murder, that despicable action
2 taken by the Nazis, the most inhuman treatment
3 of man and mankind. That it's time that we
4 make sure that our future citizens remember
5 this Holocaust. How many people in this
6 chamber were even alive at the end of 1945
7 when this Holocaust ended? How many of those
8 of us who were youngsters at the time even
9 knew of what happened?
10 In Spring Valley, New York, we have
11 a Holocaust Center and Study Center, and it's
12 a museum in tribute to the Holocaust. They
13 have weekly membership meetings of survivors
14 and liberators. They have testimony of those
15 Jewish-American soldiers who went through
16 Europe aiding and assisting the liberation of
17 those souls who survived.
18 It is fitting, therefore, that we
19 ask the Governor to commemorate the 15th
20 through the 21st of April as Holocaust Memory
21 Week in the State of New York and follow the
22 lead of so many communities throughout the
23 state and throughout the international
24 community who so recognize this particularly
25 dark time in the history of mankind.
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1 There was a story that just a few
2 days before Rosh Hashanah in 1944, in
3 Auschwitz, one of the concentration camps,
4 that the commander notified the community
5 within that all the young children would need
6 to be put to death or put to work. And he set
7 up a bar just a little over 4-1/2 feet, and
8 those children who could walk under that bar
9 were to be exterminated and those who hit the
10 bar with their heads would be put into labor
11 camps.
12 On the morning of Rosh Hashanah,
13 the parents of these children, knowing what
14 was to become of them, gathered about the
15 cellblock where they were housed. Of the 1600
16 children who had to walk under the bar, 1400
17 could not touch that bar. And those 1400 were
18 to be executed.
19 The parents tried to negotiate with
20 the guards for the life of their children.
21 And the guards who started to get involved in
22 some greed started to say, "Okay, if I let
23 your son out, then some other Jew will have to
24 die in his place," which gave great
25 consternation to those parents.
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1 One parent approached the rabbi who
2 was watching this unfold, and he said to the
3 rabbi: "Rabbi, I come to you and put to you
4 one question, that question being would it be
5 right for me to ransom my son knowing that
6 another child or Jew would have to take his
7 place?" The rabbi did not answer. And he
8 asked him again, and he asked him repeatedly,
9 and the answer was nothing. The rabbi gave
10 him no guidance.
11 But the man said, "Rabbi, I
12 understand your message, that there is no
13 precedent that I would ransom one life at the
14 cost of another. Therefore, I accept the
15 judgment that my son shall die."
16 That is why we can't forget that
17 inhumanity. That is why we have to make sure
18 that our future citizens of the world remember
19 the Holocaust and what it was -- the inhumane
20 treatment, the experimentations, the torture,
21 the unspeakable living conditions that almost
22 exterminated an entire population in Europe.
23 Therefore, I support this
24 resolution and all that it says and all that
25 it calls for, all that it relates. As
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1 President Eisenhower said as he toured some of
2 these camps, "The world must know about this,
3 the world must remember. We cannot let them
4 forget." And the Holocaust study centers
5 around the nation and around the world have
6 committed themselves to that memory and to
7 that commitment.
8 Thank you, Mr. President. And I
9 also would extend the courtesy to all of the
10 members of the Legislature to join us. And
11 those who do not wish to be on the resolution
12 can notify the desk.
13 Thank you very much.
14 THE PRESIDENT: Thank you. Thank
15 you, Senator Morahan.
16 On the resolution, all those in
17 favor please say aye.
18 (Response of "Aye.")
19 THE PRESIDENT: Opposed, nay.
20 (No response.)
21 THE PRESIDENT: The resolution is
22 adopted.
23 All members of the Senate will be
24 placed on the resolution.
25 Senator Skelos.
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1 SENATOR SKELOS: Mr. President, I
2 believe there's a substitution to be made at
3 this time.
4 THE PRESIDENT: The Secretary
5 will read.
6 THE SECRETARY: On page 20,
7 Senator Farley moves to discharge, from the
8 Committee on Civil Service and Pensions,
9 Assembly Bill Number 2935 and substitute it
10 for the identical Senate Bill Number 1519,
11 Third Reading Calendar 408.
12 And on page 21, Senator Nozzolio
13 moves to discharge, from the Committee on
14 Crime Victims, Crime and Correction, Assembly
15 Bill Number 4333 and substitute it for the
16 identical Senate Bill Number 331, Third
17 Reading Calendar 418.
18 THE PRESIDENT: The substitutions
19 are ordered.
20 Senator Skelos.
21 SENATOR SKELOS: Mr. President,
22 if we could go to the noncontroversial reading
23 of the calendar.
24 THE PRESIDENT: The Secretary
25 will conduct the noncontroversial reading of
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1 the calendar.
2 THE SECRETARY: Calendar Number
3 123, by Senator Maziarz, Senate Print 2307A,
4 an act to amend the Labor Law, in relation to
5 requiring employers.
6 THE PRESIDENT: There is a local
7 fiscal impact note at the desk.
8 The Secretary will read the last
9 section.
10 THE SECRETARY: Section 3. This
11 act shall take effect on the 60th day.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE PRESIDENT: Announce the
15 results.
16 THE SECRETARY: Ayes, 57.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 170, by Senator Larkin, Senate Print 539, an
21 act to amend the Alcoholic Beverage Control
22 Law, in relation to the sale of certain
23 New York-produced alcoholic beverages.
24 THE PRESIDENT: The Secretary
25 will read the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect on the 180th day.
3 THE PRESIDENT: The Secretary
4 will call the roll.
5 (The Secretary called the roll.)
6 THE PRESIDENT: Results.
7 THE SECRETARY: Those recorded in
8 the negative on Calendar Number 170 are
9 Senators Duane and Padavan.
10 Ayes, 55. Nays, 2.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 273, by Senator Farley, Senate Print 920, an
15 act to amend the Tax Law, in relation to
16 filing of amended personal income tax returns.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 5. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57.
24 THE PRESIDENT: The bill is
25 passed.
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1980
1 THE SECRETARY: Calendar Number
2 328, by Senator DeFrancisco, Senate Print
3 3077, an act to amend the Penal Law, in
4 relation to creating the crimes of
5 solicitation.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 4. This
9 act shall take effect on the first of
10 November.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Those recorded in
14 the negative on Calendar Number 328 are
15 Senators Duane and Montgomery.
16 Ayes, 55. Nays, 2.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 335, by Senator Seward, Senate Print 2140A, an
21 act to amend the Social Services Law, in
22 relation to a study.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 2. This
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1981
1 act shall take effect on the 30th day.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 57.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 348, by Senator Larkin, Senate Print 1920, an
9 act to authorize any municipality to enter
10 into a contract.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 57.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 349, by Senator Little, Senate Print 2682, an
22 act to amend the Real Property Tax Law, in
23 relation to notification.
24 THE PRESIDENT: Read the last
25 section.
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1982
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, 57.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 364, by Senator Seward, Senate Print 3022 --
10 SENATOR DUANE: Lay it aside,
11 please.
12 SENATOR SKELOS: Lay it aside for
13 the day.
14 THE PRESIDENT: The bill is laid
15 aside for the day.
16 THE SECRETARY: Calendar Number
17 383, by Senator DeFrancisco, Senate Print
18 3615, an act to amend the Uniform Justice
19 Court Act, in relation to justices of criminal
20 courts.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
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1983
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 57.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 408, substituted earlier today by Member of
7 the Assembly Seminerio, Assembly Print Number
8 2935, an act to amend the Civil Service Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE PRESIDENT: Results.
16 THE SECRETARY: Those recorded in
17 the negative on Calendar Number 408 are
18 Senators Larkin, Libous, Little, Morahan,
19 Rath, Saland, Seward, Winner, Wright and
20 Young.
21 Ayes, 47. Nays, 10.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 414, by Senator Maltese, Senate Print 303, an
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1984
1 act to amend the Election Law, in relation to
2 military voters.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 57.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 418, substituted earlier today by Member of
14 the Assembly Aubry, Assembly Print Number
15 4333, an act to amend the Correction Law.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE PRESIDENT: Senator
23 Montgomery, to explain her vote.
24 SENATOR MONTGOMERY: Yes,
25 Mr. President, just briefly to explain my
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1985
1 vote.
2 I want to be on record saying that
3 I happen to think this is a good bill. And
4 this is one of the few times in my life that I
5 will be complimenting Senator Nozzolio on his
6 legislation, so I wanted that to be on record.
7 (Laughter.)
8 SENATOR MONTGOMERY: Thank you,
9 Mr. President. I vote aye.
10 THE PRESIDENT: Senator
11 Montgomery will be recorded in the
12 affirmative. It's a shame Senator Nozzolio
13 isn't here to see it.
14 The Secretary will announce the
15 results.
16 THE SECRETARY: Ayes, 57.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 432, by Senator Alesi, Senate Print 177A, an
21 act to amend the Labor Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE PRESIDENT: Results.
4 THE SECRETARY: Ayes, 57.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 466, by Senator Marcellino, Senate Print 602,
9 an act to amend the Navigation Law, in
10 relation to providing.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 57.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 474, by Senator O. Johnson, Senate Print 1348,
22 an act to amend the Vehicle and Traffic Law,
23 in relation to prohibiting.
24 THE PRESIDENT: Read the last
25 section.
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1987
1 THE SECRETARY: Section 2. This
2 act shall take effect on the first of
3 November.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 57.
7 THE PRESIDENT: The bill is
8 passed.
9 That completes the calendar,
10 Senator Robach. What is your pleasure?
11 SENATOR ROBACH: Yes,
12 Mr. President. Is there any other business at
13 the desk?
14 THE PRESIDENT: There is none.
15 SENATOR ROBACH: Seeing that
16 there is no further business, I move we
17 adjourn until Wednesday, April 18th, at
18 11:00 a.m.
19 THE PRESIDENT: On motion, the
20 Senate is adjourned until Wednesday,
21 April 18th, at 11:00 a.m.
22 (Whereupon, at 4:13 p.m., the
23 Senate adjourned.)
24
25
Candyco Transcription Service, Inc.
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