Extraordinary Session - November 10, 2009

                                                            7324



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                   November 10, 2009

        11                      12:19 p.m.

        12

        13

        14                 EXTRAORDINARY SESSION

        15

        16

        17

        18  LIEUTENANT GOVERNOR RICHARD RAVITCH, President

        19  ANGELO J. APONTE, Secretary

        20

        21

        22

        23

        24



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

         2                  THE PRESIDENT:    The Senate will

         3       please come to order.

         4                  I ask that everyone present rise

         5       and recite with me the Pledge of Allegiance to

         6       our Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  THE PRESIDENT:    In the absence of

        10       clergy, may all we bow our heads for a moment

        11       of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  THE PRESIDENT:    Thank you.

        15                  Senator Smith.

        16                  SENATOR SMITH:    Thank you,

        17       Mr. President.

        18                  Mr. President, is there a

        19       proclamation from the Governor at the desk?

        20                  THE PRESIDENT:    Yes, there is a

        21       proclamation here at the desk.

        22                  The Secretary will read it, please.

        23                  THE SECRETARY:    "Pursuant to the

        24       power vested in me by Article 4, Section 3, of



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         1       the Constitution, I hereby convene the Senate

         2       and Assembly of the State of New York in

         3       Extraordinary Session at the Capitol, in the

         4       City of Albany, on Tuesday, the tenth day of

         5       November, two thousand nine, at twelve o'clock

         6       noon, for the purpose of considering

         7       legislation I will submit with respect to

         8       various subjects, and for the consideration of

         9       legislation with respect to such other

        10       subjects as I may recommend.

        11                  "Given under my hand and the Privy

        12       Seal of the State in the City of Albany this

        13       fifth day of November in the year two thousand

        14       nine by the Governor, David A. Paterson."

        15                  THE PRESIDENT:    The proclamation

        16       having been read, the Senate is in

        17       extraordinary session.

        18                  The Secretary will call the roll.

        19                  SENATOR SMITH:    Yeah,

        20       Mr. President, can we please have a quorum

        21       call.

        22                  THE SECRETARY:    Senator Adams.

        23                  SENATOR ADAMS:    Yes.

        24                  THE SECRETARY:    Senator Addabbo.



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         1                  SENATOR ADDABBO:    Here.

         2                  THE SECRETARY:    Senator Alesi.

         3                  SENATOR ALESI:    Here.

         4                  THE SECRETARY:    Senator

         5       Aubertine.

         6                  SENATOR AUBERTINE:    Here.

         7                  THE SECRETARY:    Senator Bonacic.

         8                  SENATOR BONACIC:    Here.

         9                  THE SECRETARY:    Senator Breslin.

        10                  SENATOR BRESLIN:    Here.

        11                  THE SECRETARY:    Senator

        12       DeFrancisco.

        13                  SENATOR DeFRANCISCO:    Here.

        14                  THE SECRETARY:    Senator Diaz.

        15                  SENATOR DIAZ:    Aqui.

        16                  THE SECRETARY:    Senator Dilan.

        17                  SENATOR DILAN:    Here.

        18                  THE SECRETARY:    Senator Duane.

        19                  SENATOR DUANE:    Here.

        20                  THE SECRETARY:    Senator Espada.

        21                  (No response.)

        22                  THE SECRETARY:    Senator Farley.

        23                  (No response.)

        24                  THE SECRETARY:    Senator Flanagan.



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         1                  SENATOR FLANAGAN:    Here.

         2                  THE SECRETARY:    Senator Foley.

         3                  SENATOR FOLEY:    Present.

         4                  THE SECRETARY:    Senator

         5       Fuschillo.

         6                  SENATOR FUSCHILLO:    Present.

         7                  THE SECRETARY:    Senator Golden.

         8                  SENATOR GOLDEN:    Here.

         9                  THE SECRETARY:    Senator Griffo.

        10                  SENATOR GRIFFO:    Here.

        11                  THE SECRETARY:    Senator Hannon.

        12                  SENATOR HANNON:    Here.

        13                  THE SECRETARY:    Senator

        14       Hassell-Thompson.

        15                  SENATOR HASSELL-THOMPSON:    Here.

        16                  THE SECRETARY:    Senator Huntley.

        17                  SENATOR HUNTLEY:    Present.

        18                  THE SECRETARY:    Senator C.

        19       Johnson.

        20                  SENATOR CRAIG JOHNSON:    Here.

        21                  THE SECRETARY:    Senator O.

        22       Johnson, excused.

        23                  Senator Klein.

        24                  SENATOR KLEIN:    Here.



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         1                  THE SECRETARY:    Senator

         2       L. Krueger.

         3                  SENATOR LIZ KRUEGER:    Here.

         4                  THE SECRETARY:    Senator C.

         5       Kruger.

         6                  (No response.)

         7                  THE SECRETARY:    Senator Larkin.

         8                  SENATOR LARKIN:    Here.

         9                  THE SECRETARY:    Senator Lanza.

        10                  SENATOR LANZA:    Here.

        11                  THE SECRETARY:    Senator LaValle.

        12                  SENATOR LaVALLE:    Here.

        13                  THE SECRETARY:    Senator Leibell.

        14                  SENATOR LEIBELL:    Here.

        15                  THE SECRETARY:    Senator Libous.

        16                  SENATOR LIBOUS:    Present.

        17                  THE SECRETARY:    Senator Little.

        18                  SENATOR LITTLE:    Present.

        19                  THE SECRETARY:    Senator

        20       Marcellino.

        21                  SENATOR MARCELLINO:    Present.

        22                  THE SECRETARY:    Senator Maziarz.

        23                  SENATOR MAZIARZ:    Here.

        24                  THE SECRETARY:    Senator McDonald.



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         1                  SENATOR McDONALD:    Here.

         2                  THE SECRETARY:    Senator

         3       Monserrate.

         4                  SENATOR MONSERRATE:    Here.

         5                  THE SECRETARY:    Senator

         6       Montgomery.

         7                  SENATOR MONTGOMERY:    Here.

         8                  THE PRESIDENT:    Senator Smith, a

         9       quorum is present to proceed with the order of

        10       business.

        11                  SENATOR SMITH:    Thank you very

        12       much, Mr. President.

        13                  At this time would you please

        14       recognize Conference Leader John Sampson,

        15       please.

        16                  THE PRESIDENT:    Senator Sampson.

        17                  SENATOR SAMPSON:    Thank you very

        18       much, Mr. President.

        19                  At this point in time, my

        20       colleagues, tomorrow is Veterans Day and a

        21       time to appreciate those who are currently

        22       serving to keep America safe, and also a time

        23       to show those who served in the past how much

        24       we appreciate their service and sacrifice in



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         1       defense of all the qualities that make this

         2       country the greatest in the world.

         3                  I am proud to say that in this body

         4       serves a number of individuals, a number of

         5       veterans of the United States Armed Forces on

         6       both sides of the aisle.  And I would ask them

         7       to rise as I call their names to honor them

         8       for the work that they have done in the past,

         9       the present, and continue to do in the future.

        10                  At this point in time I would like

        11       to honor my colleague Senator John

        12       DeFrancisco, United States Armed Forces.

        13                  Senator Ruben Diaz, United States

        14       Army.

        15                  Senator Hugh Farley, United States

        16       Army.

        17                  Senator O. Johnson, United States

        18       Marine Corps.

        19                  Senator Bill Larkin, United States

        20       Army.

        21                  Senator Vincent Leibell, United

        22       States Navy.

        23                  Senator Roy McDonald, United States

        24       Army.



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         1                  Senator Hiram Monserrate, United

         2       States Marine Corps.

         3                  Senator Mike Nozzolio, United

         4       States Navy.

         5                  Senator George Onorato, United

         6       States Army.

         7                  Senator Frank Padavan, United

         8       States Army.

         9                  Gentlemen, I believe I speak for

        10       the entire Senate when I say that I'm honored

        11       to serve in this body with you.  And I want to

        12       thank you, as all Americans thank you, for the

        13       military service that you have given to our

        14       country.

        15                  Oh, excuse me, I also forgot

        16       Senator Morahan.  I apologize, Senator

        17       Morahan.

        18                  SENATOR DIAZ:    Did you mention

        19       me?

        20                  SENATOR SAMPSON:    I did mention

        21       you, Senator Diaz, but you weren't here,

        22       Senator Diaz.  You can stand up now, Senator

        23       Diaz.

        24                  (Sustained applause for standing



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         1       members.)

         2                  SENATOR SAMPSON:    Thank you very

         3       much, Mr. President.

         4                  THE PRESIDENT:    Senator Sampson,

         5       thank you for that recognition.

         6                  Senator Smith.

         7                  SENATOR SMITH:    Thank you very

         8       much, Senator Sampson.  Thank you,

         9       Mr. President.

        10                  I believe there is a privileged

        11       resolution at the desk.  I ask that the

        12       resolution be read in its entirety and move

        13       for its immediate adoption.

        14                  THE PRESIDENT:    The Secretary

        15       will so read.

        16                  THE SECRETARY:    By Senator

        17       Sampson, Senate Extraordinary Session

        18       Resolution Number 1, providing for the

        19       introduction of bills in the Senate during the

        20       Extraordinary Session.

        21                  "RESOLVED, That notwithstanding any

        22       provision of the rules to the contrary, all

        23       bills introduced when the Senate is in

        24       Extraordinary Session shall by the Committee



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         1       on Rules or on message from the Assembly, and

         2       shall be referred to the Committee on Rules of

         3       the Senate, with the exception of any bills

         4       making an appropriation, which shall be

         5       referred to the Committee on Finance of the

         6       Senate pursuant to Legislative Law Section 23.

         7                  THE PRESIDENT:    Are there any

         8       other Senators that wish to be heard on this

         9       resolution?

        10                  Senator Diaz.

        11                  SENATOR DIAZ:    Thank you,

        12       Mr. President.

        13                  Today is a very important day, and

        14       we are celebrating and honoring some veterans.

        15       And I also served in the United States Armed

        16       Forces.  But we just came from Puerto Rico,

        17       Mr. President.  We just came from Puerto Rico,

        18       where, as the chairman of the Puerto Rican and

        19       Latino Caucus in the Senate, we conducted he

        20       some public hearings on veterans.

        21                  And you know the most ironic thing,

        22       Mr. President, that we all served -- Senator

        23       DeFrancisco, Senator Farley, Senator Owen

        24       Johnson, Senator Bill Larkin, Senator Vincent



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         1       Leibell, Senator Roy McDonald, Senator Hiram

         2       Monserrate, Senator Mike Nozzolio, Senator

         3       George Onorato, Senator Frank Padavan, and

         4       Senator Morahan -- we all served in the United

         5       States Armed Forces, and we are veterans.  But

         6       you know what, Mr. President?  The ironic

         7       thing is that any one of these Senators that

         8       we are honoring today, if they moved to Puerto

         9       Rico, if they moved to Puerto Rico, any one of

        10       these people here today, if they moved to

        11       Puerto Rico, the medical services that they

        12       receive as veterans would be cut 40 percent.

        13                  It's ridiculous that any veteran

        14       that served in the United States Army, the

        15       United States Armed Forces, let it be that

        16       they live in Puerto Rico, if they're Puerto

        17       Rican or not, if they move to Puerto Rico

        18       after they serve, their services will be cut

        19       40 percent.

        20                  So now we are honoring veterans.

        21       But we should remember the veterans that live

        22       in Puerto Rico too.  They served our country.

        23       And please don't think that they are Puerto

        24       Rican.  Any veteran, any one of these persons



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         1       that we are honoring here today, if we move to

         2       Puerto Rico -- I'm going to repeat myself

         3       again, Mr. President -- if we move to Puerto

         4       Rico, our services as veterans will be cut

         5       40 percent.

         6                  So any veteran that lives in Puerto

         7       Rico and moves to the mainland, their services

         8       will be increased by 40 percent.

         9                  So we are working to save -- to

        10       work on the budget in this state.  At the same

        11       time I'm asking all of the Senators here to

        12       intervene so Congress should allow the

        13       veterans in Puerto Rico to get the same

        14       benefits that veterans get here.

        15                  Because guess what, Mr. President?

        16       If those veterans in Puerto Rico decide to

        17       move to New York, they're going to be another

        18       burden to New York's deficit.  So we better

        19       keep those veterans in Puerto Rico receiving

        20       the medical services that veterans receive in

        21       the mainland.  Because if they decide,

        22       thousands and thousands of veterans decide,

        23       oh, the services here, medical services for

        24       veterans here are poor, let's go to New York,



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         1       and they come here, then our deficit will be

         2       worst.

         3                  So we were in Puerto Rico.  And I

         4       thank Senator John Sampson, Senator Malcolm

         5       Smith that they joined me in this event in

         6       Puerto Rico, working to protect the veterans.

         7       I'll say it again, the veterans, to protect

         8       the veterans, and at the same time to working

         9       to keep veterans in Puerto Rico so by that we

        10       protect New York and we work for New York

        11       State.

        12                  So to all of you veterans, I'm

        13       joining in this resolution.  I'm honored to be

        14       here.  I'm also a veteran.  And I'm asking all

        15       of you to speak to your Senators in Congress

        16       to be sure that the veterans in Puerto Rico

        17       get the same benefit that veterans get in the

        18       mainland.

        19                  Thank you, Mr. President.

        20                  THE PRESIDENT:    Thank you,

        21       Senator Diaz.

        22                  Senator Adams.

        23                  SENATOR ADAMS:    Thank you,

        24       Mr. President.



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         1                  I too want too rise and acknowledge

         2       the great dedication and commitment that our

         3       veterans have made over the years.  And I'm

         4       proud to chair the committee that oversees

         5       many of their concerns, with my good friend

         6       Senator Leibell.

         7                  And I want to take my hat off to

         8       those men and women who have continued to

         9       serve in the State Senate.

        10                  I think that we should be proud as

        11       Americans that our veterans have fought and

        12       are continuing to fight to make sure we have

        13       equality in this great city, this great state,

        14       and this great country.  That equality should

        15       not only extend to men, but it should extend

        16       to women, and it should also extend to the

        17       right of people to marry.

        18                  And as we are dealing with the very

        19       important issue of marriage equality, no

        20       greater honor we can give to our veterans than

        21       to ensure that every American, regardless of

        22       their gender, should have a right to marry.

        23       And I support that bill just as hard as I

        24       support the men and women that have fought to



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         1       ensure we have those equal rights.

         2                  THE PRESIDENT:    Thank you,

         3       Senator Adams.

         4                  Senator Libous.

         5                  SENATOR LIBOUS:    Thank you,

         6       Mr. President.

         7                  I too want to join my colleagues

         8       and Conference Leader Sampson in not only

         9       recognizing our colleagues who have served our

        10       country on what will be Veterans Day tomorrow,

        11       but certainly for the 1.2 million veterans in

        12       New York State who fought in World War II and

        13       in Korea and who are now deployed in over

        14       130 nations and Iraq and Afghanistan and are

        15       defending our honor and our freedom.

        16                  Ninety years ago, on the 11th day

        17       of the 11th month of 1919, Armistice Day was

        18       first recognized by then President Wilson.

        19       And as a great nation we need to -- as a great

        20       nation we need to continue to stop and

        21       pause -- and unfortunately, we do it only once

        22       a year; we should probably do it every day --

        23       and recognizing the men and women who protect

        24       our freedom, the men and women who have given



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         1       their life in the ultimate sacrifice so that

         2       we can come to this great body, this great

         3       house, this great chamber, and debate those

         4       issues that come before us on a regular basis.

         5                  Without the men and women who have

         6       fought for our freedoms, without the men and

         7       women who have lost their lives to give us

         8       these freedoms, we would not have the honor of

         9       being in this chamber.  So we pause and

        10       reflect on what they've done for us on this

        11       very special day.

        12                  Thank you, Mr. President.

        13                  THE PRESIDENT:    Thank you,

        14       Senator Libous.

        15                  Are there any other Senators who

        16       wish to be heard?

        17                  Senator Smith.

        18                  SENATOR SMITH:    Thank you,

        19       Mr. President.

        20                  I too want to join my colleagues in

        21       honoring our veterans.  Obviously, as in 9/11,

        22       we should never forget what they have done for

        23       us, what they have done for our ability to

        24       have freedom and stand on this floor.



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         1                  In that regard, Mr. President, I

         2       think it's only fitting that we hear from one

         3       of our veterans -- an individual who has

         4       served this country well, who is known to this

         5       body as one of our colleagues but at the same

         6       time he served this country, served us well,

         7       and then chose to be in public office.  I'm

         8       speaking of none other than our Senator

         9       Larkin.

        10                  I would ask that you would please

        11       recognize Senator Larkin for some comments.

        12                  THE PRESIDENT:    Senator Larkin.

        13                  SENATOR LARKIN:    Thank you,

        14       Senator Smith.  Thank you, Mr. President.

        15                  Tomorrow we will celebrate Veterans

        16       Day.  This year Veterans Day comes at a very

        17       trying time.  One week ago we saw a massacre

        18       at Fort Hood, Texas.  Fort Hood, Texas, is the

        19       home of the 1st Cav -- the Ivy, the

        20       4th Infantry, and two armored divisions in the

        21       3rd Corps.  I know one other member in this

        22       chamber who served with this 1st Cav, my good

        23       friend Roy McDonald.

        24                  The heartbreak there, with 13 -- 12



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         1       military and one civilian -- killed and

         2       31 wounded, 16 of them still in critical

         3       condition, it makes one step back for a moment

         4       who served and says, We go to foreign areas to

         5       participate in battle; what a disgrace it is

         6       when we allow it to happen on our home base.

         7                  The men in the armed forces today

         8       are all volunteers.  They are not drafted.

         9       Nobody sent a policeman to their home, no one

        10       sent them a card:  You must show up.  They

        11       raised their right hand and said "I solemnly

        12       swear."  And their oath of allegiance is to

        13       this country.  And if you don't like this

        14       country, then get the hell out.

        15                  I think what we're seeing today,

        16       when Sunday, on NFL Football, all the great

        17       football players and coaches were there with

        18       our armed forces in Afghanistan.  And troop

        19       morale was asked, and the troop morale was

        20       tops.  Why?  Because these are dedicated

        21       Americans, just like those that we had in

        22       World War I, World War II, Korea, 'Nam.

        23                  What we're seeing today is a

        24       country that's asking the question, What are



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         1       we doing?  I don't think we're doing enough

         2       for our veterans.  I think that this body

         3       should know, Mr. President, that there are

         4       1.9 million Americans who have either died or

         5       were wounded in combat since World War II.

         6       The home of that hall of honor is in my Senate

         7       district, in New Windsor, New York.

         8                  But we're talking about an armed

         9       forces, men and women.  One of the women that

        10       was killed in this shot was a lieutenant

        11       colonel, Hispanic.  Another was a woman who

        12       just come back from Iraq, was two months

        13       pregnant.  National Guard, killed.

        14                  What in the world is going on?  Our

        15       veterans deserve protection, they deserve

        16       credibility, they deserve to be able to see

        17       what is being done, what they fought for.

        18                  I've talked to veterans in the last

        19       month and a half leading up to this, and they

        20       said:  "What did we fight for?  What are you

        21       doing to us?  We fought to retain this

        22       country, to make it something we're all proud

        23       of, and now we see you giving it away."

        24                  Nobody is standing up and defending



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         1       this great country that 1.9 million people

         2       were wounded or killed in combat.  And then we

         3       go to our home of the 3rd Corps, two infantry

         4       divisions, two armored divisions, and people

         5       processing to go out to continue the defense

         6       and keep the battle from America, keep it in

         7       foreign countries.  And then we wind up having

         8       31 of them shot:  13 killed, 16, as of this

         9       morning, still in critical condition.

        10                  You know, I'd like to ask all of my

        11       colleagues, you know, someone said:  "Thank

        12       you for your service."  And I appreciate that.

        13       But how many of us extend ourself?  How many

        14       of us have been in a veterans hall and seen

        15       what they need?  How many have been to a

        16       veterans hospital to see what the needs of the

        17       hospital is, what the need of the personnel

        18       there is?

        19                  There are many that you will find

        20       that are going from day to day, as one told me

        21       at Castle Point two weeks ago:  "I can't wait

        22       till God takes me, because I don't think

        23       people care."  But when he was jumping in

        24       Bastogne as a 16-year-old, he said people



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         1       wrote when they found out what he did, he was

         2       a hero, he was great.  When he come home, he

         3       was great.  But as he grew older, nobody had

         4       any room for him.

         5                  You know they had no room at the

         6       inn, the manger for some young man that we all

         7       knew was born.

         8                  But I ask you, don't enjoy the day

         9       off.  Make sure you participate.  But make

        10       sure you remember.  Because the military is

        11       not going to forget what happened last

        12       Thursday.  And if this nation does, shame on

        13       them.  There should be a thorough

        14       investigation to find out who didn't do what

        15       they should have done so that these people

        16       wouldn't have been killed and wounded and how

        17       bad they are.

        18                  Mr. President, I'm very proud to

        19       have served my country for 23 years.  Along

        20       with a lot of others in here, we served in

        21       combat.  The hardest part of 23 years of

        22       active duty for me was on August 4th of 1950,

        23       with my first killed in action in Korea, and I

        24       had to write a letter to a mother and tell her



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         1       her 19-year-old son was killed.  I hope and

         2       pray to God that Bobby Maples' death was not

         3       in vain.

         4                  Thank you.

         5                  THE PRESIDENT:    Thank you,

         6       Senator Larkin.

         7                  Senator Leibell.

         8                  SENATOR LEIBELL:    Thank you,

         9       Mr. President.

        10                  Every week I get delivered a

        11       newspaper that's called the Navy Times.  I

        12       know Senator Larkin gets the Army Times.  And

        13       these are publications that are put out to the

        14       military, to retired people.  And every week

        15       in this newspaper there are pictures of the

        16       dead from the previous week.  If you were to

        17       look at this week's, it spans almost two

        18       pages.

        19                  And when you look at those pictures

        20       the thing that has to take your breath away

        21       is, in the vast majority of cases, the very

        22       young age.  Underneath the picture, they give

        23       a rank, they give a name, they give a

        24       hometown, they give a unit name and usually a



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         1       very brief description of the cause of death.

         2       In Iraq and Afghanistan, these two wars, in

         3       most cases they list IEDs as the cause of

         4       death.

         5                  But when you look at those

         6       pictures, certainly from my end of the

         7       calendar, they look like baby faces to me:

         8       19, 18, 20, 21 years of age.  Occasionally

         9       you'll see somebody in their fifties.

        10       Usually -- that's almost always a National

        11       Guard or Reservist killed in action.

        12                  But as we go and speak, as we all

        13       will, this week to our veterans groups and to

        14       our community groups, to think of those

        15       pictures, especially of those young faces that

        16       really never had a chance to savor life, their

        17       sacrifice is awesome beyond words and

        18       something for which we should all be so

        19       grateful.

        20                  So I hope as we return to our

        21       districts that we will keep this in mind and

        22       be able to convey this to our fellow

        23       New Yorkers.

        24                  Thank you, Mr. President.



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         1                  THE PRESIDENT:    Thank you,

         2       Senator Leibell.

         3                  Senator Farley.

         4                  SENATOR FARLEY:    Yes, I rise to

         5       bring to your attention a ceremony that I had

         6       a couple of years ago honoring what they call

         7       our Greatest Generation, the World War II

         8       veterans.

         9                  And it was very, very moving to me

        10       to see these men -- mostly men, at that

        11       time -- as they're leaving us, thousands a

        12       day.  I think everybody in this room knew a

        13       WW II veteran, probably a member of your

        14       family.  But they are leaving us at a rate

        15       that is absolutely sad.

        16                  You know, as a Korean veteran --

        17       actually, that's the forgotten veteran these

        18       days, the war that so many that we were

        19       unprepared for.  So many of them froze to

        20       death and lost limbs and feet because of lack

        21       of equipment.  And also in Korea and in

        22       Vietnam, a war that when I was at the

        23       university teaching, that the veterans that

        24       came home were spat upon and unaccepted.



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         1                  Today we're facing a real threat.

         2       And so many of our volunteers that Senator

         3       Larkin spoke about -- they're all volunteers

         4       that are defending everything that we stand

         5       for.  I think it becomes every one of us today

         6       when we see a veteran, no matter what war they

         7       fought in or defended, to thank them for their

         8       service.

         9                  I rise to thank them for their

        10       service.  And Veterans Day is a very, very

        11       moving day for everybody in this house and for

        12       every citizen of the United States to thank

        13       those people that lay their lives on the line

        14       for us.

        15                  Thank you, Mr. President.

        16                  THE PRESIDENT:    Thank you,

        17       Senator Farley.

        18                  Are there any other Senators who

        19       wish to be heard on this resolution?

        20                  Senator McDonald.

        21                  SENATOR McDONALD:    Thank you,

        22       sir.

        23                  I too, as a Vietnam veteran of the

        24       Army, would like to thank the veterans.  But I



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         1       would especially like to thank the New York

         2       State Senate, the New York State Assembly, the

         3       Governor, current and past.

         4                  There are some things in this

         5       country we do right and some things we do

         6       wrong.  But in the most recent years what

         7       we've been doing right is putting aside

         8       differences for the men and women who serve in

         9       our military today.

        10                  During World War II the benefit

        11       package for these people was outstanding.

        12       After World War II, it went down.  It went

        13       very down.  Recently, it's coming up, the

        14       educational programs and the benefits.

        15                  I've seen in my lifetime an

        16       evolution of thought and affection for the

        17       American military, and I'm grateful for it.

        18       Too often everybody is bitter, too often

        19       everybody is negative.

        20                  The one thing I enjoy when I look

        21       at my television at night -- and it's tough to

        22       watch men and women of our country in another

        23       country fighting for their life.  But it gives

        24       my great gratification to look at the American



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         1       military and to see these men and women,

         2       different colors, different ethnic groups,

         3       different religions, different parts of the

         4       country.  It doesn't matter.  They're all

         5       there for one reason, and that reason is us.

         6                  They actually care about what we

         7       stand for.  They're not fighting for some

         8       macro reason over in Afghanistan and Iraq,

         9       they're fighting because they believe they're

        10       protecting our democracy and our freedom and

        11       trying to keep the world safe from terrorism.

        12       These are good men.  These are good women.

        13       They're ours.

        14                  I had the privilege of serving in

        15       Vietnam with a commanding officer that

        16       immediately took me under his wing and cared

        17       about me.  He was an African-American from

        18       Michigan.  The number-two officer was a

        19       captain from Puerto Rico.  We were a family.

        20       We were a fighting unit, but more than

        21       anything else we were friends and a family.

        22                  I will always remember those

        23       people, and I see them every night on

        24       television.  And I know what's going through



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         1       their minds.  They don't care about the petty

         2       nuances that we get into arguments about.

         3       They just care about us as a people.

         4                  So I want to thank everybody who is

         5       grateful, and I especially want to thank the

         6       American public for recognizing, whether it's

         7       a good war or a bad war, they're good

         8       soldiers.  They're our soldiers.

         9                  God bless you.  Thank you.

        10                  THE PRESIDENT:    Thank you,

        11       Senator McDonald.

        12                  Senator Morahan.

        13                  SENATOR MORAHAN:    Thank you,

        14       Mr. President.

        15                  Each year in the spring of the year

        16       we reflect upon our honored dead that served

        17       this country and paid the supreme price for

        18       their service to their country in protecting

        19       their fellow Americans.  Each and every day

        20       ought to be a day where we recall our honored

        21       dead who fell in swamps, who fell in the

        22       jungles, who fell in deserts, face in the

        23       sand, maybe the last word out of their mouth

        24       was "mother" or "mama."



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         1                  But today and this week we honor

         2       those who returned home, the veteran, who left

         3       their homes, many volunteered, hung up their

         4       aprons from the hardware store, answered the

         5       call of their nation, put themselves in great

         6       peril, fought, survived, and came home in

         7       various shapes and forms.  Some severely

         8       maimed, some paralyzed for life, some with

         9       other, less traumatic wounds.

        10                  We're learning today how many came

        11       back from World War II and from Vietnam and

        12       some from Korea with posttraumatic stress

        13       disorder.  We recognize that in this Senate,

        14       and we passed a bill this spring to add that

        15       disease to Timothy's Law.  It goes beyond our

        16       veterans; it's for our general public.

        17                  But we also have to recall the

        18       sacrifice of the families who waited in

        19       fearful tremors, not knowing where their loved

        20       one was on the planet, what they were facing,

        21       if they were dead or alive at the moment they

        22       were thinking of them.

        23                  I think it's a mark of a nation

        24       that we recall the service of our veterans who



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         1       are now aged, as I am, but now are infirmed

         2       and need the benefits that our federal

         3       government provides and must always provide.

         4       And I echo Senator McDonald's comments

         5       regarding the contributions of this Senate,

         6       Assembly, Governor and State of New York in

         7       what we have done for the National Guard and

         8       for those who may not be in the federal

         9       military but we have provided benefits for

        10       them regarding education and health benefits

        11       as well.

        12                  So I stand to salute my fellow

        13       veterans with all the dedication and honesty

        14       in my body, because I know what they went

        15       through.  They did it for me.  I was just a

        16       kid in World War II, but they were there.  I

        17       lost a first cousin on the beaches of

        18       Normandy.  And I see his son, now a grown man

        19       with his family, but his son never remembered

        20       his father.  He was only three months old when

        21       his father was killed.

        22                  So I congratulate this Senate and

        23       my colleagues for taking time to honor our

        24       veterans, to say "Well done, veterans, thank



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         1       you for your service."  And hopefully we will

         2       stay true to our commitment to make sure that

         3       we bind up your wounds and that we stay true

         4       and dedicated to those sacrifices you made on

         5       behalf of all Americans.

         6                  Thank you, Mr. President.

         7                  THE PRESIDENT:    Thank you,

         8       Senator Morahan.

         9                  Are there any other Senators who

        10       wish to be heard on this resolution?

        11                  (No response.)

        12                  THE PRESIDENT:    Let me say it's a

        13       particular privilege to preside at this

        14       moment, because I served in the United States

        15       Army twice.  And I deeply appreciate the

        16       recognition that you have given to the

        17       veterans of our armed services.

        18                  The question is on the resolution.

        19       All those in favor please signify by saying

        20       aye.

        21                  (Response of "Aye.")

        22                  THE PRESIDENT:    All opposed?

        23                  (No response.)

        24                  THE PRESIDENT:    Hearing none, the



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         1       resolution is adopted.

         2                  Senator Smith.

         3                  SENATOR SMITH:    Thank you very

         4       much, Mr. President.  And thank all my

         5       colleagues for honoring our vets.

         6                  At this time, while we are waiting

         7       for bills to be printed by the Governor, we'd

         8       like to stand at ease.  And when we return

         9       from standing at ease, we will then move to

        10       the Rules Committee meeting.

        11                  THE PRESIDENT:    The Senate will

        12       stand at ease.

        13                  (Whereupon, the Senate stood at

        14       ease at 12:53 p.m.)

        15                  ACTING PRESIDENT KRUEGER:

        16       Senator Foley, why do you rise?

        17                  SENATOR FOLEY:    Thank you, Madam

        18       President.

        19                  I rise on behalf of Senator

        20       Hassell-Thompson to announce that at 2:30

        21       there will be a Majority conference in the

        22       Majority Conference Room at that particular

        23       hour.  I just want to make that known to the

        24       President.



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         1                  And the Senate will continue at

         2       ease.

         3                  ACTING PRESIDENT KRUEGER:    Thank

         4       you, Senator Foley.

         5                  The Senate will continue to be at

         6       ease.

         7                  The Senate Majority Conference

         8       shall be conferencing at 2:30 this afternoon

         9       in Room 332.

        10                  Thank you.

        11                  SENATOR FOLEY:    Thank you for

        12       your assistance, Madam President.

        13                  ACTING PRESIDENT KRUEGER:    Thank

        14       you, Senator Foley.

        15                  (Whereupon, the Senate reconvened

        16       at 5:10 p.m.)

        17                  ACTING PRESIDENT VALESKY:    The

        18       Senate will return to order.

        19                  Senator Smith.

        20                  SENATOR SMITH:    Yes, thank you,

        21       Mr. President.

        22                  At this time there will be an

        23       immediate meeting of the Rules Committee in

        24       the Majority Conference Room, Room 332.



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         1                  Pending the return of the Rules

         2       Committee, could we please stand at ease.

         3                  ACTING PRESIDENT VALESKY:    There

         4       will be an immediate meeting of the Senate

         5       Committee on Rules in Room 332.

         6                  The Senate will stand at ease

         7       pending the report of the Rules Committee.

         8                  (Whereupon, the Senate stood at

         9       ease at 5:11 p.m.)

        10                  (Whereupon, the Senate reconvened

        11       at 5:43 p.m.)

        12                  ACTING PRESIDENT VALESKY:    The

        13       Senate will return to order.

        14                  Senator Klein.

        15                  SENATOR KLEIN:    Mr. President,

        16       can you please recognize Senator Flanagan.  He

        17       wants to recognize someone in the gallery.

        18                  ACTING PRESIDENT VALESKY:

        19       Senator Flanagan.

        20                  SENATOR FLANAGAN:    Thank you,

        21       Mr. President.

        22                  I just -- I'm the lucky one.  Any

        23       one of us could get up and do this.

        24                  Today, after 37 years of



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         1       distinguished service, having served the

         2       people of the State of New York for as long as

         3       Senator Volker -- but I reminded Senator

         4       Volker that she looks a lot better than he

         5       does -- we are joined in the gallery by

         6       someone that we all know and love and commonly

         7       refer to as Sandy, Sandy Raus, who after 37

         8       years is finally calling it quits.

         9                  So all of you like me who have

        10       relied on her for all the valuable information

        11       in the Capitol, you're going to have to find

        12       new sources.

        13                  Sandy, congratulations.  Best of

        14       luck to you.

        15                  ACTING PRESIDENT VALESKY:

        16       Congratulations, Sandy.

        17                  (Extended standing ovation.)

        18                  ACTING PRESIDENT VALESKY:

        19       Senator Klein.

        20                  SENATOR KLEIN:    Mr. President, I

        21       believe there is a report of the Rules

        22       Committee at the desk.

        23                  ACTING PRESIDENT VALESKY:    There

        24       is a report of the Rules Committee here at the



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         1       desk, Senator Klein.

         2                  And the Secretary will read.

         3                  THE SECRETARY:    Senator Smith,

         4       from the Committee on Rules, reports the

         5       following bills:

         6                  Extraordinary Session Senate Print

         7       Number 2, by Senator Stewart-Cousins, an act

         8       to amend the Insurance Law;

         9                  And Extraordinary Session Senate

        10       Print Number 5, by Senator Valesky, an act to

        11       amend the Penal Law and the Executive Law.

        12                  Both bills ordered direct to third

        13       reading.

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Klein.

        16                  SENATOR KLEIN:    Mr. President, I

        17       move to accept the report of the Rules

        18       Committee at this time.

        19                  ACTING PRESIDENT VALESKY:    All in

        20       favor of adopting the report of the Rules

        21       Committee signify by saying aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT VALESKY:

        24       Opposed, nay.



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         1                  (No response.)

         2                  ACTING PRESIDENT VALESKY:    The

         3       report of the Rules Committee is adopted.

         4                  Senator Klein.

         5                  SENATOR KLEIN:    Mr. President, at

         6       this time can we please move to a reading of

         7       the calendar.

         8                  ACTING PRESIDENT VALESKY:    The

         9       Secretary will proceed with the reading of

        10       Extraordinary Session Calendar Number 1.

        11                  THE SECRETARY:    Calendar Number

        12       1, by Senator Stewart-Cousins, Extraordinary

        13       Session Senate Print Number 2, an act to amend

        14       the Insurance Law.

        15                  ACTING PRESIDENT VALESKY:

        16       Senator Klein.

        17                  SENATOR KLEIN:    Mr. President, is

        18       there a message of necessity at the desk?

        19                  ACTING PRESIDENT VALESKY:

        20       Senator Klein, a message of necessity has been

        21       received from the Governor and it is here at

        22       the desk.

        23                  SENATOR KLEIN:    I move to accept

        24       the message of necessity.



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         1                  ACTING PRESIDENT VALESKY:    All

         2       those in favor of accepting the message of

         3       necessity from the Governor signify by saying

         4       aye.

         5                  (Response of "Aye.")

         6                  ACTING PRESIDENT VALESKY:

         7       Opposed, nay.

         8                  (No response.)

         9                  ACTING PRESIDENT VALESKY:    The

        10       message of necessity is accepted.

        11                  The Secretary will read the last

        12       section.

        13                  THE SECRETARY:    Section 3.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT VALESKY:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 59.  Nays,

        19       2.  Senators Hannon and Skelos recorded in the

        20       negative.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       2, by Senator Valesky, Extraordinary Session



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         1       Senate Print Number 5, an act to amend the

         2       Penal Law and the Executive Law.

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Klein.

         5                  SENATOR KLEIN:    Mr. President, is

         6       there a message of necessity at the desk?

         7                  ACTING PRESIDENT VALESKY:    Yes, a

         8       message of necessity has been received from

         9       the Governor.  It is here at the desk.

        10                  SENATOR KLEIN:    I move we accept

        11       the message of necessity.

        12                  ACTING PRESIDENT VALESKY:    All in

        13       favor of adopting the message of necessity

        14       from the Governor please signify by saying

        15       aye.

        16                  (Response of "Aye.")

        17                  ACTING PRESIDENT VALESKY:

        18       Opposed, nay.

        19                  (No response.)

        20                  ACTING PRESIDENT VALESKY:    The

        21       message of necessity is accepted.

        22                  The Secretary will read the last

        23       section.

        24                  THE SECRETARY:    Section 6.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 61.  Nays,

         6       0.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  Senator Klein, that completes the

        10       noncontroversial reading of Extraordinary

        11       Session Calendar Number 1.

        12                  SENATOR KLEIN:    Mr. President, at

        13       this time can we please stand at ease very

        14       briefly.

        15                  ACTING PRESIDENT VALESKY:    The

        16       Senate will stand at ease briefly.

        17                  (Whereupon, the Senate stood at

        18       ease at 5:48 p.m.)

        19                  (Whereupon, the Senate reconvened

        20       at 5:50 p.m.)

        21                  ACTING PRESIDENT VALESKY:

        22       Senator Klein.

        23                  SENATOR KLEIN:    Mr. President,

        24       can you please recognize Senator Libous for an



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         1       announcement.

         2                  ACTING PRESIDENT VALESKY:

         3       Senator Libous.

         4                  SENATOR LIBOUS:    Mr. President,

         5       do you recognize me?

         6                  ACTING PRESIDENT VALESKY:    I

         7       certainly do.

         8                  SENATOR LIBOUS:    Thank you.

         9                  Right after session there will be a

        10       brief but immediate conference of the

        11       Republican conference in our conference room.

        12       Thank you.

        13                  ACTING PRESIDENT VALESKY:    Brief

        14       Republican conference immediately following

        15       session thank you.

        16                  Senator Klein.

        17                  SENATOR KLEIN:    Can we continue

        18       to stand at ease.

        19                  ACTING PRESIDENT VALESKY:    The

        20       Senate will continue to stand at ease.

        21                  (Whereupon, the Senate stood at

        22       ease at 5:51 p.m.)

        23                  SENATOR LIBOUS:    Mr. President.

        24                  ACTING PRESIDENT VALESKY:



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         1       Senator Libous.

         2                  SENATOR LIBOUS:    Since the

         3       leadership has gone off to have a meeting, the

         4       Republicans will have their conference now.

         5                  ACTING PRESIDENT VALESKY:

         6       Immediate Senate Republican conference.

         7                  SENATOR LIBOUS:    Thank you.

         8                  (Whereupon, the Senate reconvened

         9       at 7:04 p.m.)

        10                  ACTING PRESIDENT VALESKY:    The

        11       Senate will return to order.

        12                  Senator Klein.

        13                  SENATOR KLEIN:    Mr. President, is

        14       there any further business at the desk?

        15                  ACTING PRESIDENT VALESKY:    There

        16       is no further business at the desk.

        17                  SENATOR KLEIN:    There being none,

        18       I move that we adjourn this Extraordinary

        19       Session, subject to the call of the Temporary

        20       President.

        21                  ACTING PRESIDENT VALESKY:    On

        22       motion by Senator Klein, the Extraordinary

        23       Session is adjourned, subject to the call of

        24       the Temporary President, intervening days



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         1       being legislative days.

         2                  (Whereupon, at 7:05 p.m., the

         3       Senate adjourned.)

         4

         5

         6

         7

         8

         9

        10

        11

        12

        13

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24



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