Regular Session - March 18, 2014

                                                                   952

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 18, 2014

11                     3:22 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DAVID CARLUCCI, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               953

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

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and await the presentation of the Colors.

 6                (Whereupon, the Color Guard entered 

 7   the chamber and presented the Colors.)  

 8                (Whereupon, the Assemblage recited 

 9   the Pledge of Allegiance to the Flag.)

10                ACTING PRESIDENT CARLUCCI:   Today 

11   we are joined by Chaplain Colonel Kelly Jon 

12   Moore, Garrison Chaplain for Fort Drum, to give 

13   our invocation.

14                (Whereupon, the Color Guard exited 

15   the chamber.)

16                CHAPLAIN MOORE:   I invite you to 

17   pray with me.  

18                Lord God above, Ruler of Heaven and 

19   Earth, thank You for giving us our life and 

20   breath, for the privilege and opportunity to 

21   serve a purpose higher than ourselves.  

22                Thank You for men and women of this 

23   nation who voluntarily and sacrificially serve 

24   our military, who daily strive to keep the 

25   citizens of our nation safe, that we all may 


                                                               954

 1   enjoy the fruit of liberty.

 2                Today, as we recognize Fort Drum and 

 3   the 10th Mountain Division, I pray for Your hand 

 4   of protection particularly upon those currently 

 5   deployed, and I give thanks that You have placed 

 6   Fort Drum in this state, that we may share the 

 7   beauty and benefits of this great state.

 8                But I pray not only for those who 

 9   wield the sword but for those who wield the pen.  

10   For this body gathered here today, I pray You 

11   grant wisdom and the understanding of complex 

12   issues, knowledge to act with fortitude and 

13   compassion, and, most of all, moral courage to do 

14   what is right in Your eyes.  

15                May God bless our nation.  May God 

16   bless the State of New York.  

17                In Your most holy and precious name 

18   I pray, amen.

19                ACTING PRESIDENT CARLUCCI:   The 

20   reading of the Journal.

21                THE SECRETARY:   In Senate, Monday, 

22   March 17th, the Senate met pursuant to 

23   adjournment.  The Journal of Sunday, March 16th, 

24   was read and approved.  On motion, Senate 

25   adjourned.


                                                               955

 1                ACTING PRESIDENT CARLUCCI:   Without 

 2   objection, the Journal stands approved as read.

 3                Presentation of petitions.

 4                Messages from the Assembly.

 5                Messages from the Governor.

 6                Reports of standing committees.

 7                Reports of select committees.

 8                Communications and reports from 

 9   state officers.

10                Motions and resolutions.

11                Senator Libous.

12                SENATOR LIBOUS:   Thank you, 

13   Mr. President.  

14                At this time I'd like to adopt the 

15   Resolution Calendar, with the exception of 

16   Resolutions 3997, 4060, and 4073.

17                ACTING PRESIDENT CARLUCCI:   All in 

18   favor of adopting the Resolution Calendar, with 

19   the exception of Resolutions 3997, 4060, and 

20   4073, signify by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT CARLUCCI:   

23   Opposed, nay.

24                (No response.)

25                ACTING PRESIDENT CARLUCCI:   The 


                                                               956

 1   Resolution Calendar is adopted.

 2                Senator Libous.

 3                SENATOR LIBOUS:   Thank you, 

 4   Mr. President.  

 5                I believe there's a resolution by 

 6   Senator Ritchie, Number 3997.  It is at the desk.  

 7   I ask that it be read in its entirety, and could 

 8   you please call on Senator Ritchie and 

 9   Senator Skelos before its adoption.

10                ACTING PRESIDENT CARLUCCI:   The 

11   Secretary will read.

12                THE SECRETARY:   Legislative 

13   Resolution Number 3997, by Senator Ritchie, 

14   memorializing Governor Andrew M. Cuomo to 

15   proclaim March 18, 2014, as Fort Drum Day in the 

16   State of New York.  

17                "WHEREAS, It is the sense of this 

18   Legislative Body to support and promote the 

19   historic and significant achievements of 

20   Fort Drum and the United States Army 

21   10th Mountain Division; and 

22                "WHEREAS, Fort Drum is the largest 

23   Army post in the Northeastern United States, with 

24   19,605 soldiers and 4,739 civilian workers; and 

25                "WHEREAS, Fort Drum is the largest 


                                                               957

 1   employer in Northern New York, with an economic 

 2   impact on the North Country and the State of 

 3   New York of $1.6 billion; and 

 4                "WHEREAS, Fort Drum traces its roots 

 5   to 1907 when the post was known as Camp Hughes, 

 6   after New York Governor Charles Hughes, and later 

 7   as Pine Camp, and was founded in 1951 as 

 8   Camp Drum, in honor of  Lieutenant General Hugh 

 9   A. Drum, who commanded the First Army during 

10   World War II, and eventually designated as 

11   Fort Drum in 1974; and 

12                "WHEREAS, The 10th Mountain 

13   Division, which earned honor during World War II 

14   fighting in the mountains of Italy in some of the 

15   roughest terrain in the country, and which was 

16   renowned for its expertise in mountain and winter 

17   warfare, was reactivated at Fort Drum in 1985, as  

18   a rapid deployment combat light infantry unit 

19   dispatched to trouble spots around the globe; and 

20                "WHEREAS, Fort Drum continues to be 

21   home to the United States Army 10th Mountain 

22   Division (Light Infantry), which includes the 

23   most deployed combat brigade in the United States 

24   Army, with deployments to Operation Desert Storm, 

25   Saudi Arabia; Operation Restore Hope and 


                                                               958

 1   Operation Continue Hope, Somalia; Operation 

 2   Uphold Democracy, Haiti; Operation Joint Forge 

 3   (Bosnia and Herzegovina); Operation Joint 

 4   Guardian, Kosovo, as well as hurricane relief 

 5   efforts inside the United States; and 

 6                "WHEREAS, The 10th Mountain 

 7   Division's three combat brigades at Fort Drum 

 8   have seen numerous deployments to both Iraq and 

 9   Afghanistan in support of Operation Iraqi Freedom 

10   and Operation Enduring Freedom, in fighting the 

11   nation's ongoing war against terror since 

12   September 11, 2001; and   

13                "WHEREAS, Fort Drum and the 10th 

14   Mountain Division are commanded by Major General 

15   Stephen J. Townsend and a dedicated cadre of 

16   officers whose commitment to our nation and our 

17   troops is exemplary; and 

18                "WHEREAS, Major General Townsend and  

19   his command headquarters are currently deployed 

20   in Afghanistan and the 10th Mountain Division is 

21   expected to be among the last military forces to 

22   leave that country in 2014; and 

23                "WHEREAS, The 10th Mountain 

24   Division, throughout its operational history, has 

25   been awarded six campaign streamers, including 


                                                               959

 1   two campaign streamers in World War II and four 

 2   campaign streamers in the War on Terrorism, as 

 3   well as two unit decorations; and 

 4                "WHEREAS, A total of seven soldiers 

 5   posted to Fort Drum and its predecessors are 

 6   recipients of the nation's highest military honor 

 7   for valor, the Medal of Honor, including two 

 8   members of the 10th Mountain Division, Pfc. John 

 9   D. Magrath, for his actions at Castel d'Aiano, 

10   Italy, during World War II, and Sfc. Jared Monti, 

11   who received the medal posthumously in 2009, for 

12   his heroism in Kunar Province, Afghanistan, as 

13   part of Operation Enduring Freedom, and who is 

14   one of just six Medal of Honor recipients since 

15   2001 and the start of the global war on terror; 

16   and 

17                "WHEREAS, Thousands of New York men 

18   and women have passed through Fort Drum, as 

19   members of our Armed Forces, the Army, National 

20   Guard and Reserves, showing service, dedication,  

21   sacrifice, and commitment and living up to the 

22   10th Mountain Division motto 'Climb to Glory'; 

23   now, therefore, be it 

24                "RESOLVED, That this Legislative 

25   Body pause in its deliberations to memorialize 


                                                               960

 1   Governor Andrew M. Cuomo to proclaim March 18, 

 2   2014, as Fort Drum Day in the State of New York; 

 3   and be it further 

 4                "RESOLVED, That copies of this 

 5   resolution, suitably engrossed, be transmitted to 

 6   Major General Stephen J. Townsend, Commanding 

 7   General of Fort Drum, and the 10th Mountain 

 8   Division."

 9                ACTING PRESIDENT CARLUCCI:   Senator 

10   Skelos.

11                SENATOR SKELOS:   Thank you, 

12   Mr. President.  

13                We're all honored today to have 

14   General Howard and soldiers from Fort Drum 

15   visiting with us today.  

16                I want to thank Senator Patty 

17   Ritchie for making this day possible, and also 

18   for her support on a daily basis of the fine men 

19   and women of Fort Drum.

20                The 10th Mountain Division has an 

21   incredibly rich history.  Since the first combat 

22   deployment in 1945, the division's soldiers have 

23   defended our country, fought for freedom around 

24   the world.  This division also has a strong 

25   history of humanitarian missions, not only here 


                                                               961

 1   in the United States but in places like Bosnia, 

 2   Haiti and Somalia.  

 3                Fort Drum is an outstanding unit 

 4   that has an enormous impact on the economy and is 

 5   also a steadfast contributor to our nation's 

 6   defense.  

 7                General Howard, your presence here 

 8   is humbling.  It reminds us how blessed we are to 

 9   be Americans, to have brave soldiers who dedicate 

10   their lives to protecting our country.  

11                All of us here cannot thank you 

12   enough.  To say we appreciate your service is 

13   simply an understatement.  Your courage, valor 

14   and dedication to this great nation is truly 

15   honorable.  And we are so proud of everyone 

16   serving at Fort Drum.

17                To your colleagues who are overseas 

18   and to those deploying this year, they are and 

19   always will be in our thoughts and prayers.  We 

20   look forward to everyone's safe return home.  

21                I thank you all for joining us here 

22   today.  

23                And, Mr. President, if you could 

24   recognize Senator Ritchie.

25                ACTING PRESIDENT CARLUCCI:   Thank 


                                                               962

 1   you, Senator Skelos.

 2                Senator Ritchie.

 3                SENATOR RITCHIE:   Thank you, 

 4   Mr. President.

 5                I'm proud to sponsor Fort Drum Day 

 6   once again in the New York State Senate and want 

 7   to welcome General Howard and the soldiers and 

 8   officers of the 10th Mountain Division here in 

 9   the Senate chamber.  

10                Your presence here reminds us of the 

11   thousands of men and women who volunteer to serve 

12   and defend our nation as members of our armed 

13   forces.  Your presence also reminds us of the 

14   importance of Fort Drum, not just to our nation's 

15   defense but also to the communities that I 

16   represent in the North Country.  

17                You remind us of its importance as 

18   New York's largest single-site employer and the 

19   billions of dollars that Fort Drum pours into our 

20   state and local communities.  

21                There is something else I want to 

22   remind everyone today, that while General Howard 

23   and these men and women are here today to share 

24   with us Fort Drum Day, their commanding general, 

25   Stephen Townsend, and the entire headquarters 


                                                               963

 1   battalion are currently in Afghanistan, serving 

 2   alongside thousands of other soldiers from 

 3   Fort Drum.  

 4                The 10th Mountain Division was 

 5   reactivated at Fort Drum on September 11, 1984.  

 6   In the days following September 11, 2001, 

 7   Fort Drum and officers were the very first sent 

 8   overseas in response to the World Trade Center 

 9   attack.  On September 11, 2014, as we remember 

10   that horrible day 13 years ago, members of the 

11   10th Mountain Division will be preparing to be 

12   the last troops to return home.

13                Many if not all the men and women in 

14   uniform you see in this room were part of that 

15   campaign to defend America and keep us safe.  

16   Among them are many native New Yorkers.  But from 

17   where I stand, I want to be clear that all the 

18   men and women of Fort Drum are New Yorkers.  And 

19   the 10th Mountain Division is New York's 

20   10th Mountain Division.  And I want to thank all 

21   of you for your service.  

22                I want to thank General Howard and 

23   General Townsend for allowing us to celebrate 

24   Fort Drum Day and the 10th Mountain Division.  

25                I also want to acknowledge some 


                                                               964

 1   guests who are here with us today who advocate on 

 2   behalf of Fort Drum.  And they're here to answer 

 3   some of your questions.  

 4                For my colleagues who haven't had 

 5   the opportunity to visit some of the displays 

 6   that are out between the doors, it really brings 

 7   home the sacrifice of the men and women that are 

 8   here today and what they have to go through when 

 9   they're deployed.

10                So, Senator Skelos, I would like to 

11   thank you and thank Senator Klein for allowing us 

12   to celebrate Fort Drum Day and the 10th Mountain 

13   Division here today.  

14                Thank you, Mr. President.

15                ACTING PRESIDENT CARLUCCI:   Thank 

16   you, Senator Ritchie.

17                Senator Sanders.

18                SENATOR SANDERS:   Thank you, 

19   Mr. President.

20                Allegedly, General Howard, there is 

21   a rivalry between the Marine Corps and the Army.  

22   And of course this is a mere allegation.  

23                But we in the Marine Corps recognize 

24   that the 10th Mountain Division is a hard-core 

25   group that has served outstanding in every 


                                                               965

 1   theater that they have been sent to.  And I just 

 2   wanted to stand up and congratulate you guys for 

 3   doing what you have done, what you are doing, and 

 4   what you will do for this country.

 5                Thank you.

 6                ACTING PRESIDENT CARLUCCI:   Thank 

 7   you, Senator Sanders.

 8                All in favor of adopting the 

 9   resolution please signify by saying aye.

10                (Response of "Aye.")

11                ACTING PRESIDENT CARLUCCI:    

12   Opposed, nay.

13                (No response.)

14                ACTING PRESIDENT CARLUCCI:   The 

15   resolution is adopted.

16                Senator Libous.

17                SENATOR LIBOUS:   Thank you, 

18   Mr. President.  

19                And I believe Senator Ritchie would 

20   like to open the resolution up for everyone to 

21   cosponsor.  And as the policy goes here, if 

22   someone for whatever reason wishes not to be a 

23   cosponsor, just let the desk know and we would 

24   proceed.

25                Mr. President, it is an honor for me 


                                                               966

 1   at this time to introduce to my colleagues 

 2   General Michael Howard, who will go to the 

 3   rostrum and address the Senate today.

 4                General Howard.

 5                ACTING PRESIDENT CARLUCCI:    

 6   General.

 7                (Standing ovation.)

 8                GENERAL HOWARD:   I don't know of 

 9   any rivalry between the Army and the Marine 

10   Corps.  

11                (Laughter.)

12                GENERAL HOWARD:   Senator Skelos, 

13   Senator Klein, Senator Stewart-Cousins and 

14   Senator Ritchie, of course, thank you so much for 

15   inviting me today.  

16                You all know that General Townsend 

17   is in Afghanistan.  As his deputy and as the 

18   senior commander at Fort Drum for the next year, 

19   it's a real pleasure to represent him today in 

20   front of you.  

21                So in the spirit of the name 

22   Fort Drum Day in New York, I thought I'd take a 

23   minute to tell you a little bit about Fort Drum's 

24   soldiers, what the division is doing, how it is 

25   that the division and the community, the North 


                                                               967

 1   Country community interact, and maybe talk a word 

 2   or two about the drawdown, the drawdown in 

 3   resources and potential drawdown in forces.  

 4                So let me start with soldiers.  Last 

 5   week I visited the Warrior Transition Unit at 

 6   Drum.  Many of you know that this is a very 

 7   unique organization that takes care of those 

 8   soldiers that require the most complex care as 

 9   they heal and return either to their unit or back 

10   to their civilian lives.  

11                So I was walking down the hall, and 

12   someone called out "Lieutenant Colonel Howard, is 

13   that you?"  Well, the rank's wrong, I'm not a 

14   lieutenant colonel.  But the name was certainly 

15   right.  And I recognized the voice.  So I turned 

16   around, and I faced a man that I served with in 

17   2004 at Fort Drum when I was a lieutenant 

18   colonel.  

19                I asked him if he was a patient at 

20   the WTU, and he told me no, he was a cadre 

21   member, that he was leading soldiers.  

22                Unique about this guy is he's an 

23   amputee.  He lost his leg in a horrific mine 

24   strike in 2004.  The last time I saw him was just 

25   before his fifth operation.  I told him that I 


                                                               968

 1   recalled that day, and he smiled and told me he 

 2   remembered it as well.  He remembered it because 

 3   I think we promoted him right around that time 

 4   also.  And he also told me that he stopped 

 5   counting his operations after his 50th operation.  

 6                He's an amputee with a multiyear 

 7   recovery that chose to stay on active duty and 

 8   continue to serve.  

 9                Ladies and gentlemen, the ranks are 

10   filled with people like that, with those kind of 

11   great stories, who have given so much of 

12   themselves to the nation.  And in these wars, if 

13   you give yourself to the nation, you're really 

14   giving yourself to the whole world, because these 

15   are world problems, not American problems.  To 

16   me, their patriotism is overwhelming.  

17                Senior leaders in the Army say all 

18   the time that the strength of the nation is the 

19   Army, and the Strength of the army is its people.  

20   And that's certainly true at Fort Drum, where we 

21   have 18,000 soldiers, most of whom are veterans 

22   of Iraq or Afghanistan or, in a lot of cases, 

23   both.  

24                Many entered the service well after 

25   the war had begun, which means they joined the 


                                                               969

 1   Army knowing full well that they were signing up 

 2   to go to war.  Last year we lost 20 soldiers from 

 3   Fort Drum in the war, and we've lost more than 

 4   300 since the war began.  That's not 300 lives 

 5   lost, that's 300 families devastated.  Those 

 6   numbers are the dead.  The injured number in the 

 7   thousands.  And again, that's not soldiers 

 8   injured, that's families injured.  

 9                Some of the mainstream media talk 

10   about the war like it's over.  Well, at the 

11   10th Mountain Division, it's not over.  The 

12   10th Mountain was the first division to deploy; 

13   they're there now; they'll be one of the last if 

14   not the last division to leave Afghanistan.  

15                Since the war began, Drum has 

16   deployed a brigade-sized organization -- that's 

17   roughly a 3,000-man-sized organization -- 

18   33 times to Afghanistan and Iraq.  Last year we 

19   averaged about 5,000 soldiers deployed at any one 

20   time, and today we have about 3500 in 

21   Afghanistan.  

22                Despite the deployments, despite the 

23   hardships, despite the dangers, soldiers continue 

24   to join the Army in record numbers.  They 

25   continue to reenlist in record numbers.  Old 


                                                               970

 1   soldiers like me that don't reenlist anymore 

 2   return to Fort Drum voluntarily -- not because we 

 3   have to, but because we want to, because we love 

 4   the unit and we love the community.  Of the folks 

 5   that did reenlist last year, half stayed at 

 6   Fort Drum.  

 7                So there's a reason why Fort Drum 

 8   soldiers love the community, love the 

 9   North Country.  In my view, it's because they are 

10   so uniquely embedded in the North Country.  In my 

11   28 years of service I've moved 13 times and lived 

12   on nine army installations.  Nowhere were the 

13   installation and the community as intertwined and 

14   dependent on each other as they are at Fort Drum.  

15                So let me try to lay this out for 

16   you a little more clearly.  Each year at Drum we 

17   publish an economic impact statement.  Last year 

18   the positive economic impact on the North 

19   Country, on New York State, was $1.4 billion.  

20   Since we've been keeping these statistics since 

21   1988, the impact has been over $19 billion.  

22                The impact is measured in a number 

23   of ways.  And I won't mention every one of them, 

24   because this speech would really be long if I 

25   did.  But a couple really demonstrate the 


                                                               971

 1   cooperation that I'm speaking of.  

 2                First, and probably the most 

 3   obvious, is the size of the workforce and the 

 4   associated payroll on Drum.  The base employs 

 5   18,000 soldiers and about 4,000 civilians for a 

 6   total payroll of $1.1 billion annually.  That's 

 7   $1.1 billion of groceries and gas and rent and 

 8   electricity and firewood and tuition, et cetera.  

 9   That's really, really helpful to the 

10   North Country.  That's really, really useful to 

11   New York.  

12                And this doesn't even include the 

13   more than 18,000 family members, many of whom 

14   work in the community.  

15                Many Army installations that I've 

16   served on have a hospital.  Drum does not.  But 

17   we do great without one, because the hospitals in 

18   the area -- Samaritan, Carthage, River -- care 

19   for our soldiers and family members.  

20                And in fact, every Saturday I send a 

21   member of our command group to all of the local 

22   hospitals to check on our soldiers and their 

23   families.  This past Saturday we had nine new 

24   mothers and nine new babies in one of our local 

25   hospitals.  It was Samaritan.  And by the way, 


                                                               972

 1   there wasn't a uniform in sight, a military 

 2   uniform.  

 3                It's pretty easy to bond with the 

 4   community that brings your children into the 

 5   world and then cares for your new mothers.  

 6                And in return, by our count, we 

 7   spent $29 million last year on medical care and 

 8   another $5 million on dental care.  And that's 

 9   really helpful in the North Country.  

10                Similarly, the other installations 

11   that I've served on have schools on-base.  One 

12   that I served on has nine schools on the base.  

13   It's its own school district.  And that's more 

14   the norm than not.  

15                Drum, as you know, has no schools 

16   on-base.  But that's okay, we do great without 

17   them, because our children go to school in the 

18   community.  And that's about 8,000 kids, by the 

19   way.  

20                My own children went to Carthage and 

21   Indian River, and they had hugely positive 

22   experiences.  All three are in college now, and 

23   they all have lifelong friends from New York.  

24   Some of them are children from military bases 

25   like Drum, as you might imagine, but many are 


                                                               973

 1   simply New York children that have never seen a 

 2   military installation.  

 3                It's pretty easy to bond with an 

 4   installation that helps you educate your kids and 

 5   helps you raise your children.  

 6                In return, local school districts 

 7   received $48 million last year in federal impact 

 8   aid.  That's just the school-aged children.  We 

 9   also have 3,000 soldiers that go to college in 

10   New York State colleges.  And these colleges 

11   benefited from $1.5 million in federal tuition 

12   assistance.  

13                So with such a strong bond, such an 

14   interwoven set of common interests, it's easy to 

15   understand why talk of reducing resources and 

16   force reductions cause anxiety.  And if I could, 

17   I'll just talk to this for just a minute.  

18                You know that our Army is reducing 

19   its strength from 560,000 to 490,000 by the end 

20   of FY 2015.  And part of that reduction is our 

21   3rd Brigade Combat Team, which will inactivate 

22   when they come back from Afghanistan later this 

23   year.  Now, the loss of the brigade will be 

24   offset in part, but not completely, by growth in 

25   other units on the Fort.  


                                                               974

 1                You probably recall that the Army 

 2   leadership reached out to elected leaders at all 

 3   levels before they decided exactly what to cut.  

 4   Recently our senior leadership announced that the 

 5   Army would reduce again, now from 490,000 down to 

 6   between 440,000 and 450,000.  And if the budget 

 7   cuts dictated by sequestration return in FY 2016, 

 8   the force levels will drop even more, potentially 

 9   as low as 420,000.  

10                Senior leaders in the military warn 

11   that every Army installation has the potential to 

12   be impacted.  As you might imagine, I get lots of 

13   queries on what this means for Fort Drum, for the 

14   North Country and for New York.  And the truth 

15   is, right now I don't know.  Nobody does.  

16                What I do know is that the military 

17   is moving towards a lighter, more agile force 

18   that deploys rapidly.  Well, that's exactly what 

19   the 10th Mountain Division is right now.  That's 

20   why we were built in the 1980s and what we've 

21   been called repeatedly to do in the last 12 years 

22   of this war.  In that regard, I think we're in 

23   pretty good shape.  

24                I also know that our senior 

25   leadership has stated repeatedly that, as they 


                                                               975

 1   did before the decision to cut to 490, that they 

 2   want to hear from elected leaders again so that 

 3   the impact on local and state governments is 

 4   fully understood and considered in the 

 5   decision-making.  And based on the last 

 6   reduction, I'm quite sure that you all fully 

 7   intend to make your views known.  

 8                One final note worth considering 

 9   while I'm talking about reduced resources.  The 

10   Army has shouldered a heavy burden for well over 

11   a decade now, affecting many soldiers and many 

12   families.  We must, we must maintain our 

13   commitment to these soldiers and families, 

14   especially families of the fallen and those who 

15   are caring for service members that were wounded 

16   in combat.  

17                I ask that you think about how you 

18   and your delegations can take part in ensuring 

19   that we continue to provide post-conflict care 

20   and support to these folks.  Like the soldier I 

21   mentioned earlier in my remarks, the man who 

22   endured more than 50 operations, many of our 

23   soldiers and their families have years to go 

24   before they're whole again.  

25                Let me close by saying that we're 


                                                               976

 1   professionals who are afforded a world-class 

 2   installation called Fort Drum, in a world-class 

 3   entity called the North Country, in the 

 4   world-class State of New York.  In return, we 

 5   maintain our steady focus on training, on 

 6   readiness and rapid deployment to answer the 

 7   nation's call whenever it comes.  The mission 

 8   endures, and you can be sure that we'll be ready.  

 9                Thank you so much for inviting me 

10   here today.  I'm very proud to be a New York 

11   soldier, and I'm very proud that March 18, 2014, 

12   is Fort Drum Day in New York.  

13                Climb to glory.  

14                (Standing ovation.)  

15                ACTING PRESIDENT CARLUCCI:   Senator 

16   Libous.

17                SENATOR LIBOUS:   General Howard, on 

18   behalf of all the members of the Senate, and 

19   certainly Senator Patty Ritchie, we welcome, 

20   again, you and the men and women of Fort Drum.  

21                And not only do we appreciate what 

22   you do for the economy of this state and for 

23   protection overall, but as Senator Skelos said in 

24   his remarks, from the bottom of our hearts we 

25   can't thank you enough, and the men and women, 


                                                               977

 1   for the sacrifices, as you said, of protecting us 

 2   worldwide.  Because every conflict that we seem 

 3   to approach now is a worldwide conflict.  And we 

 4   have so lucky and so proud to have all of you on 

 5   our side.  

 6                Thank you.

 7                ACTING PRESIDENT CARLUCCI:   Senator 

 8   Libous.

 9                SENATOR LIBOUS:   Mr. President, I 

10   believe that Senator Stewart-Cousins has a 

11   resolution at the desk.  It is Number 4073.  

12                I ask that it please be read in its 

13   entirety, and I believe the Democratic Leader 

14   would like to stand and speak on the resolution.

15                ACTING PRESIDENT CARLUCCI:   The 

16   Secretary will read.

17                THE SECRETARY:   Legislative 

18   Resolution Number 4073, by Senator 

19   Stewart-Cousins, commending the Marching Cobras 

20   of New York upon the occasion of their 

21   outstanding performances during Super Bowl Week 

22   2014.  

23                "WHEREAS, It is the sense of this 

24   Legislative Body to recognize the dedication and 

25   commitment of our young people who distinguish 


                                                               978

 1   themselves through excellence in musical 

 2   performance and competition; and 

 3                "WHEREAS, Attendant to such concern, 

 4   and in full accord with its long-standing  

 5   traditions, this Legislative Body is justly proud 

 6   to commend the Marching Cobras of New York upon 

 7   the occasion of their outstanding performances 

 8   during Super Bowl Week 2014; these talented 

 9   students led the Super Bowl Championship Vince 

10   Lombardi Trophy in the NFL Experience Parade on 

11   Wednesday, January 29, 2014, in New York City, 

12   and welcomed Super Bowl fans before the game on 

13   Sunday, February 2, 2014, at MetLife Stadium, 

14   East Rutherford, New Jersey; and 

15                "WHEREAS, The Marching Cobras of 

16   New York is a marching band that includes a 

17   drumline, flag team and dance squad, and is 

18   comprised of 70 Westchester and New York City 

19   middle and high school students; the name 'COBRA' 

20   stands for Commitment, Obedience, Belief, 

21   Respect, and Achievement; and   

22                "WHEREAS, This award-winning, 

23   hardworking, and energetic band truly lives up to 

24   its name; the Marching Cobras of New York members 

25   practice five days a week, four hours a day, and 


                                                               979

 1   also on Saturdays if they are not performing; 

 2   some members travel as many as two hours each way 

 3   to get to practice, and most of the group's 

 4   members had no musical experience prior to 

 5   joining; and 

 6                "WHEREAS, The Marching Cobras of 

 7   New York helps at-risk youth from across New York 

 8   City's five boroughs and Westchester County beat 

 9   negative influences by embracing music; and 

10                "WHEREAS, A nonprofit organization 

11   working in collaboration with St. Christopher's 

12   School in Dobbs Ferry, New York, the mission of 

13   the Marching Cobras of New York is to enrich the 

14   lives of teens by providing opportunities for  

15   artistic expression and teen development through 

16   music, marching, dance, and entertainment; 

17   several members of the band are students at 

18   St. Christopher's School; and 

19                "WHEREAS, The Marching Cobras of 

20   New York has distinguished itself in its many 

21   impressive accomplishments; successes include 

22   being named 1st Place Grand Champions in the 2013 

23   New York City State Championships, taking first 

24   place in both the New York Salute to Israel 

25   Parade and the 'Cakeman Parade' in Brooklyn, and  


                                                               980

 1   being awarded the Pace University Drum-Line 

 2   Contract; and 

 3                "WHEREAS, The shining talent of 

 4   these young musicians and performers has been 

 5   widely recognized; the Marching Cobras of 

 6   New York have appeared on 'The Joey Reynolds 

 7   Show,' played the Opening Day Performance for 

 8   Red Bull Arena in Newark, New Jersey, and were 

 9   special guest performers at Jazz at Lincoln 

10   Center; they are soon to be featured in the 

11   upcoming Michael Keaton film 'Birdman'; and 

12                "WHEREAS, The talent displayed by 

13   the Marching Cobras of New York is due in great 

14   part to the efforts of Director of Bands Terrel 

15   J. Stowers and his staff:  Kevin Young, Sheldon 

16   Gomes, Pamela Bodley, and Clifford Wesley, 

17   skilled and inspirational tutors respected for 

18   their ability to develop potential into 

19   excellence; and 

20                "WHEREAS, Achievements of this 

21   magnitude are not possible without the strong  

22   values of teamwork, commitment, and dedication, 

23   and the outstanding members of the Marching 

24   Cobras of New York City, as well as Coach Terrel  

25   J. Stowers and his staff, may take just pride in 


                                                               981

 1   their accomplishments; and 

 2                "WHEREAS, This occasion presents an 

 3   opportunity for this Legislative Body to wish the 

 4   Marching Cobras of New York continued success in 

 5   all of its endeavors; now, therefore, be it 

 6                "RESOLVED, That this Legislative 

 7   Body pause in its deliberations to commend the 

 8   Marching Cobras of New York upon the occasion of 

 9   their outstanding performances during Super Bowl 

10   Week 2014; and be it further 

11                "RESOLVED, That a copy of this 

12   resolution, suitably engrossed, be transmitted to 

13   the Marching Cobras of New York."

14                ACTING PRESIDENT CARLUCCI:   Senator 

15   Stewart-Cousins.

16                SENATOR STEWART-COUSINS:   Thank 

17   you, Mr. President.

18                Certainly after the Fort Drum 

19   recognition, I just wanted to again thank 

20   Senator Ritchie and Senators Skelos and Klein for 

21   inviting our wonderful servicepeople to be here 

22   to be part of the day.  

23                And I guess the second part is about 

24   a drumline, and the drumline is the Cobras.  And 

25   we have in the gallery Sheikur Person and Quiney 


                                                               982

 1   Jones -- you can stand, gentlemen -- Terrel 

 2   Murphy, Javonte Mullen, Isaiah Williams.  And 

 3   some ladies.  Marijah Alicea, Ora Conklin, Elijah 

 4   Jones, Isaiah Taylor, Da'Niqua Jacobs, and 

 5   Emmanuel Heredia.  

 6                These are the Cobras.

 7                (Applause.)

 8                SENATOR STEWART-COUSINS:   As you 

 9   heard, they are accompanied today by the director 

10   of bands, Mr. Terrel Stowers, and the assistant 

11   director of band and dance choreographer, 

12   Kevin Young.  And Nakima Jones, who's the parent 

13   advocate.  

14                Now, I think you heard in the 

15   resolution all they've done.  This Saturday they 

16   were walking ahead of the elected officials in 

17   the St. Patrick's Day Parade in Tarrytown and 

18   Sleepy Hollow, and they're show-stoppers every 

19   step of the way.  

20                But it's important to note that, 

21   again, they're at St. Christopher's.  And 

22   St. Christopher's is one of the what they call 

23   Special Act schools, 823 schools, where they have 

24   young people who have emotional or behavioral 

25   problems, learning disabilities, et cetera.  


                                                               983

 1                There are a number of 

 2   St. Christopher's students in this band.  The 

 3   band is a number of 50.  They also have students 

 4   from all over New York City.  

 5                And they come together four days a 

 6   week for about four hours a day.  They take buses 

 7   to St. Christopher's campus, where they work 

 8   hard.  They do their academics, and they practice 

 9   their drumming, their marching and their dancing.  

10   It is a commitment that really underscores what 

11   "COBRA" stands for -- C for commitment, O for 

12   obedience, B for belief, R for respect, and A for 

13   achievement.  

14                Many of us watched the Super Bowl, 

15   and we didn't think we had a stake in it because 

16   the Giants weren't playing, we didn't have a 

17   New York team.  Many of us did actually go to the 

18   Super Bowl -- I know Senator Gianaris was there, 

19   and he said that he saw the bands.  The Cobras 

20   were there, with Rutgers and with Syracuse, 

21   welcoming people into Super Bowl XLVIII, doing 

22   their extraordinary performance and really 

23   bringing great pride to we New Yorkers who knew 

24   that there was someone in the person of the band 

25   members there who represented us so well.  


                                                               984

 1                Because you are so young and because 

 2   you are so talented, I wanted to make sure that 

 3   you came to this great chamber to be acknowledged 

 4   by the Senate of the State of New York, to let 

 5   you know that your efforts are not unrecognized, 

 6   and to let you be among people who support and 

 7   wish the very best for you and who applaud you 

 8   for being magnificent on and off every field that 

 9   you get a chance to perform in.  

10                Congratulations.

11                (Applause.)

12                ACTING PRESIDENT CARLUCCI:   Thank 

13   you, Senator Stewart-Cousins.  

14                Congratulations, Cobras.  

15                The question is on the resolution.  

16   All in favor signify by saying aye.

17                (Response of "Aye.")

18                ACTING PRESIDENT CARLUCCI:    

19   Opposed, nay.

20                (No response.)

21                ACTING PRESIDENT CARLUCCI:   The 

22   resolution is adopted.

23                Senator Libous.

24                SENATOR LIBOUS:   Thank you, 

25   Mr. President.  


                                                               985

 1                I believe that a previously adopted 

 2   resolution by Senator O'Mara, Number 3934, is at 

 3   the desk.  Could we have the resolution read in 

 4   its entirety and call on Senator O'Mara.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Legislative 

 8   Resolution Number 3934, by Senator O'Mara, 

 9   commemorating the 65th Anniversary of the 

10   founding of Watkins Glen International.  

11                "WHEREAS, It is the sense of this 

12   Legislative Body that the quality and character 

13   of life in the State of New York has been greatly 

14   enhanced by the presence of certain extraordinary 

15   recreational facilities; and 

16                "WHEREAS, Attendant to such 

17   concerns, and in full accord with its 

18   long-standing traditions, this Legislative Body 

19   is justly proud to commemorate the 

20   65th Anniversary of the founding of Watkins Glen 

21   International; and 

22                "WHEREAS, On October 2, 1948, 

23   Watkins Glen International's incredible history 

24   began with its inaugural race, 'The Day They 

25   Stopped the Trains'; this fulfilled founder 


                                                               986

 1   Cameron Argetsinger's dream of bringing 

 2   European-style competition to the village where 

 3   he spent his summer vacations; and 

 4                "WHEREAS, This event was the first 

 5   road race in the United States after World War 

 6   II, and laid the foundation for one of the 

 7   country's premier racing facilities; and 

 8                "WHEREAS, For five years, the top 

 9   names in American sports car racing visited 

10   The Glen, and huge crowds came out to watch them 

11   race; after using a temporary track, a new 

12   2.3-mile permanent circuit was built in 1956; the 

13   following year, The Glen hosted its first 

14   professional race, a NASCAR event, won by Buck 

15   Baker over Fireball Roberts; and 

16                "WHEREAS, True international 

17   competition began in 1958, with the running of a 

18   Formula Libre race; in 1961, the stars of 

19   Formula One were all present for the Inaugural 

20   Watkins Glen U.S. Grand Prix, which would become 

21   a fall tradition at the circuit through 1980; 

22   Innes Ireland won the inaugural running, with 

23   great drivers such as Clark, Hill, Stewart, 

24   Lauda, Fittipaldi and Hunt among the winners of 

25   later Grand Prix; and 


                                                               987

 1                "WHEREAS, In 1986, NASCAR returned 

 2   to Watkins Glen International with the NASCAR 

 3   Winston Cup series, featuring Tim Richmond's 

 4   triumphant return; and 

 5                "WHEREAS, This event, now called the 

 6   NASCAR Sprint Cup series, has returned to 

 7   The Glen on the same weekend for the past 

 8   22 years, and has featured some of the biggest 

 9   names in auto racing; this annual competition has  

10   grown to become the largest weekend sporting 

11   event in New York State; and 

12                "WHEREAS, In 1997, International 

13   Speedway Corporation became sole owner of the 

14   historic road course, purchasing the remaining 

15   interests of major benefactor Corning  

16   Incorporated; this sale completed Corning's 

17   mission of refurbishing the facility while 

18   revitalizing the Southern Finger Lakes Region; 

19   and 

20                "WHEREAS, Watkins Glen International 

21   has undergone many changes over the years; the 

22   addition of the Inner Loop has increased the 

23   length of the long course to 3.4 miles and the 

24   short course to 2.45 miles; in 2005, The Glen 

25   underwent many major capital improvements; these 


                                                               988

 1   new turns have enhanced competition while adding 

 2   quality spectator viewing for racing fans; and 

 3                "WHEREAS, The Glen cemented its 

 4   distinction as North America's fastest road 

 5   course when Davy Jones won the pole for the Camel 

 6   Continental IX with a fast lap of 150.334 MPH on 

 7   the reconfigured 2.45-mile short course; and 

 8                "WHEREAS, Today, this remarkable 

 9   institution continues to hold many popular 

10   events, including The Sahlen's Six Hour IMSA 

11   sports car race, the SCCA National Competition, 

12   the Cheez-It 355 at The Glen NASCAR race in 

13   August, Glenora Wine Cellars US Vintage Grand 

14   Prix, and the Ferrari Challenge; and 

15                "WHEREAS, More than 150 days of BMW, 

16   Porsche, Ferrari, Audi, Mazda and various other 

17   club event days from all over the Eastern 

18   Seaboard are presented each year; and 

19                "WHEREAS, As a world-renowned 

20   premier racing venue, Watkins Glen International  

21   brings over $200 million in annual economic 

22   activity to the Southern Finger Lakes region, 

23   including the creation of thousands of jobs, from 

24   track operation and maintenance on-site to  

25   lodging, dining, shopping and entertainment 


                                                               989

 1   spending by its fans; and 

 2                "WHEREAS, The Glen's contributions 

 3   to its community go beyond motorsports; it 

 4   proudly hosts the Finger Lakes Beer Festival, as 

 5   well as the Finger Lakes Wine Festival, now in 

 6   its 18th year, which provides a unique 

 7   opportunity for people to enjoy products by 

 8   New York wineries from every corner of the State; 

 9   and 

10                "WHEREAS, Throughout its 65-year 

11   history, Watkins Glen International has embodied 

12   more than giant crowds and great speed; the 

13   racing community continues to return year after 

14   year to witness its historic moments and unique 

15   charms that have made this place one of the 

16   premier motorsports facilities in the world; and 

17                "WHEREAS, It is the custom of this 

18   Legislative Body to recognize and take note of 

19   certain celebrated recreational institutions and 

20   to bring such institutions to the attention of 

21   the people of this state that it strives to 

22   serve; now, therefore, be it 

23                "RESOLVED, That this Legislative 

24   Body pause in its deliberations to commemorate 

25   the 65th Anniversary of the founding of 


                                                               990

 1   Watkins Glen International; and be it further 

 2                "RESOLVED, That a copy of this 

 3   resolution, suitably engrossed, be transmitted to 

 4   Watkins Glen International."

 5                ACTING PRESIDENT CARLUCCI:   Senator 

 6   O'Mara.

 7                SENATOR O'MARA:   Thank you, 

 8   Mr. President.

 9                I rise today in support of this 

10   resolution that was just read honoring 

11   Watkins Glen International for its 65th year in 

12   Schuyler County, New York, one of the least 

13   populated counties in New York, about 

14   18,000 people.  

15                The racetrack of Watkins Glen 

16   International sits on a hilltop above Watkins 

17   Glen, New York, surrounded by farmland, 

18   overlooking the southern end of Seneca Lake, 

19   beautiful wine country all around.  It brings 

20   people in from all over the world.

21                Within a 300-mile radius of Watkins 

22   Glen, less than about a five-hour drive, 

23   25 percent of the U.S. population resides.  In 

24   addition, we have markets in Canada that this 

25   racetrack reaches out to and brings people in.  


                                                               991

 1                The economic engine that this track 

 2   has delivered over 65 years in Watkins Glen has 

 3   just truly been amazing.  I've been going there 

 4   my entire life, as a boy with my father, and 

 5   meeting such great drivers as Jackie Stewart and 

 6   Mario Andretti and, in more recent years, 

 7   Dale Earnhardt, Jr., and Danny Kilpatrick, all 

 8   the great names coming to Watkins Glen.  

 9                And it's not just the NASCAR Sprint 

10   Cup race, the Cheez-It 355, but the Sahlen's 

11   Six-Hour race at the Glen, the nationwide series 

12   Zippo 200, and about 150 other days of racing for 

13   a variety of sport scar clubs from up and down 

14   the Eastern Seaboard of the United States.  All 

15   these teams, these drivers, the crews come in, 

16   they stay in the area's lodging, hotels, eat in 

17   the restaurants.  It's an amazing economic engine 

18   that we have.  

19                So we're very proud to honor that 

20   great tradition here today.  And I want to 

21   introduce, in the gallery with us today, 

22   Michael Printup, the president of Watkins Glen 

23   International; Jon Beckman, the vice president of 

24   Watkins Glen International; and Andrew Smith, the 

25   director of marketing and promotions.  They are 


                                                               992

 1   here with us today and will be helping us 

 2   celebrate the heritage of Watkins Glen throughout 

 3   this entire year.  

 4                We're looking forward to a very 

 5   exciting racing season coming up.  The track at 

 6   Watkins Glen International, which is owned by 

 7   International Speedway Corporations -- which 

 8   includes many tracks around the country, 

 9   including Daytona that we're most familiar 

10   with -- they continue to do impressive capital 

11   improvements to the track's facilities, to the 

12   track itself, year in and year out, to keep it 

13   the premier road-racing course in the United 

14   States and one of the top premier in all of the 

15   world.  

16                To keep it to those standards is not 

17   an easy task.  To keep it up to snuff for the 

18   drivers and teams to want to come there and race 

19   is a constant job that these gentleman work at 

20   day in and day out.  

21                I thank you for your service to our 

22   community, for the great economic engine that you 

23   are in the Finger Lakes region.  Thank you for 

24   being here today.

25                ACTING PRESIDENT CARLUCCI:   Thank 


                                                               993

 1   you, Senator O'Mara.

 2                Senator Little.

 3                SENATOR LITTLE:   Thank you, 

 4   Mr. President.  

 5                As chairman of Tourism, I'd just 

 6   like to add my congratulations on 65 years of 

 7   Watkins Glen.  That's many, many years of racing, 

 8   many years of people attending the races, having 

 9   a great time, having the pleasure of watching the 

10   races and being there, many years of good dollars 

11   being spent in the area.  And that's so important 

12   to all of us.  

13                But we in New York State are proud 

14   to be hosts to Watkins Glen.  So thank you for 

15   all you've done for it.  

16                Thank you.

17                ACTING PRESIDENT CARLUCCI:   Thank 

18   you, Senator Little.

19                Senator Marchione.

20                SENATOR MARCHIONE:   Thank you.  I 

21   also rise to speak on the resolution.  

22                I come from a NASCAR family, and I 

23   lived the circuit my entire life, starting at 

24   3 years old, with a father who was a stock car 

25   racer and did the NASCAR circuit his entire life.  


                                                               994

 1                And I just want to thank you, not 

 2   from the economic standpoint, but from the 

 3   families of people who go to the races, who make 

 4   it their Friday, Saturday and Sunday events.  

 5   Because I tell you how good it is for families as 

 6   they bond together.  Where maybe other kids in 

 7   their teenage years are out doing their own 

 8   thing, race car families who enjoy the sport stay 

 9   together and enjoy their Fridays, Saturdays and 

10   Sundays as a unit.  

11                And it's because of the efforts and 

12   the economic engine that you have placed in the 

13   other race car events.  And I have one in my own 

14   district, Lebanon Valley.  And I just want to 

15   thank you on behalf of a race car family for what 

16   you have done in cementing our relationships as 

17   families.

18                ACTING PRESIDENT CARLUCCI:   Thank 

19   you, Senator Marchione.

20                Senator Libous.

21                SENATOR LIBOUS:   Thank you, 

22   Mr. President.  

23                I want to stand and join my 

24   colleagues, particularly Senator O'Mara, who put 

25   this resolution on the floor.


                                                               995

 1                Watkins Glen is a great place.  And 

 2   I don't know if any of my colleagues have ever 

 3   been there, but it's exciting.  You should take 

 4   it in.  You should go to a race.  You should 

 5   listen to the roar of the motors and smell the 

 6   tires.  And it really is exciting.  

 7                I mean, maybe there's something 

 8   wrong with those of us who love it, but I've got 

 9   to tell you why we're all so very special.  You 

10   know, I've been to Phoenix, I've been to Dover, 

11   I've been to a number of tracks.  And you know, 

12   they're oval tracks.  We have a beautiful raceway 

13   at Watkins Glen.  It is a challenge to drivers.  

14   It's not just drivers going in a circle and on a 

15   bank.  

16                I mean, it is a beautiful, beautiful 

17   track.  It is a challenge to the pros that are in 

18   NASCAR.  And we have it right here in New York.

19                So if you can't make the big race in 

20   August, there are other races that go on.  And I 

21   would ask you to call up Senator O'Mara, I'm sure 

22   he'll get you there, he'll give you directions.  

23   You'll have to pay for your tickets, because 

24   that's very important.  

25                But when you go there, if you've 


                                                               996

 1   never been, I guarantee you, even if you walk 

 2   away and say, "Well, I'm not sure," there's 

 3   something about when they say "Start your 

 4   engines" and you hear those engines rev and you 

 5   smell those tires turn.  It is one of the most 

 6   exciting sporting events that you'll ever go to.  

 7                So I'm very proud that you are here 

 8   today, gentlemen.  I'm excited that this 

 9   resolution is before us.  And I wish you many, 

10   many years of success at Watkins Glen.  

11                Thank you.

12                ACTING PRESIDENT CARLUCCI:   Thank 

13   you, Senator Libous.

14                The resolution has been previously 

15   adopted.

16                Senator Libous.

17                SENATOR LIBOUS:   Thank you, 

18   Mr. President.

19                Senator Larkin has Resolution 

20   Number 4060 at the desk.  Could we have the title 

21   read, and I believe the colonel would like to be 

22   called on.

23                ACTING PRESIDENT CARLUCCI:   The 

24   Secretary will read.

25                THE SECRETARY:   Legislative 


                                                               997

 1   Resolution Number 4060, by Senator Larkin, paying 

 2   tribute to the memory of Master Sergeant Juan E. 

 3   Negron, United States Army, upon the occasion of 

 4   his posthumous designation as recipient of the 

 5   Medal of Honor.

 6                ACTING PRESIDENT CARLUCCI:   Senator 

 7   Larkin.

 8                SENATOR LARKIN:   Thank you, 

 9   Mr. President.  

10                You know, it's not every day that an 

11   individual receives the Congressional Medal of 

12   Honor.  But Master Sergeant Negron was cited for 

13   action taken on the 26th of April, 1951.  Do you 

14   realize how long this has been?  

15                He first was recommended for the 

16   Distinguished Service Cross, which he received.  

17   And five years ago, people starting looking 

18   around and saying "Why didn't he get it?"  

19                This sergeant, when he was found on 

20   April 27th, he was unconscious, and there were 

21   35 Chinese laid out around him.  He killed them, 

22   some of them with a bayonet.

23                You know, I look around here and I 

24   don't see anybody who remembers April of 1951.  

25   Not you.  But I did.  I remember the battles that 


                                                               998

 1   were going on in that time because we were trying 

 2   to push out of the Pusan.  We were trying to get 

 3   ready for the invasion of Seoul.  The Marines 

 4   were going on the east coast.  There was a lot of 

 5   casualties.  And a lot of people got awards, and 

 6   a lot didn't.

 7                But, you know, today here we have a 

 8   New Yorker, came from Puerto Rico, settled in the 

 9   Bronx.  His daughter is in the White House today 

10   with others receiving the Congressional Medal of 

11   Honor.  

12                For those interested, there will be 

13   a reception Friday night in Senator Carlucci's 

14   district in Nanuet, and then on Saturday there 

15   will be a public invitation with the medal, with 

16   his daughter and others, including the commanding 

17   general of the National Guard of Puerto Rico.

18                But, you know, just think for a 

19   minute.  The man died in 1996.  His memories were 

20   of what happened.  His unit was almost wiped out.  

21   But it took us, America, till 2014 to recognize 

22   his bravery.  

23                The Buccaneers was the last Army 

24   unit to use bayonets.  I mean, you look in the 

25   movies and you'll see these old-time movies with 


                                                               999

 1   bayonets and that.  But this was real.  This was 

 2   this country's battle.  And it took us that long 

 3   to recognize an individual.

 4                The Army thought he was deserving of 

 5   it.  The commands of the Third Infantry Division 

 6   surely said it, because they recommended him.  

 7   But time passed, and he's passed away.  But at 

 8   least his daughter is alive, and she's in the 

 9   White House today receiving that award.

10                And you know, I'm a little 

11   disappointed there aren't more in this chamber, 

12   because this man gave everything he had.  Had it 

13   not been for him, most of his battalion, when you 

14   read the fight that went on, his battalion would 

15   have been wiped out.  But he laid there shooting 

16   and throwing grenades.  And at the last minute, 

17   he was out of grenades and he took his bayonet 

18   and he ended the life of some of his enemies.  

19                This man did a lot for our country.  

20   The least we can do is say thank you, thank you, 

21   thank you.  

22                Thank you, Mr. President.

23                ACTING PRESIDENT CARLUCCI:   Thank 

24   you, Senator Larkin.

25                The question is on the resolution.  


                                                               1000

 1   All in favor signify by saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT CARLUCCI:   

 4   Opposed, nay.

 5                (No response.)

 6                ACTING PRESIDENT CARLUCCI:   The 

 7   resolution is adopted.

 8                SENATOR LIBOUS:   Mr. President, 

 9   Senator Larkin did tell he'd like to open up the 

10   resolution.  And all members will be put on it.  

11                If for some reason you choose not to 

12   be put on it, you should address the desk.  

13                Thank you.  

14                ACTING PRESIDENT CARLUCCI:   The 

15   resolution is open for cosponsorship.  If you do 

16   now wish to be a cosponsor, please notify the 

17   desk.  

18                Senator Libous.

19                SENATOR LIBOUS:   Thank you, 

20   Mr. President.  

21                I believe there's a previously 

22   adopted resolution by Senator Montgomery, 

23   Number 3332.  I believe it is at the desk.  Could 

24   you please read the title, and Senator Montgomery 

25   would wish to speak on the resolution.


                                                               1001

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Legislative 

 4   Resolution Number 3332, by Senator Montgomery, 

 5   commending Dr. Esmeralda Simmons upon the 

 6   occasion of being honored in conjunction with 

 7   Women's History Month 2014 in the State of 

 8   New York.

 9                ACTING PRESIDENT CARLUCCI:   Senator 

10   Montgomery.  

11                SENATOR MONTGOMERY:   Yes, thank 

12   you, Mr. President.  I rise to pay tribute to 

13   another one of those great women in New York 

14   State during this month as we celebrate women.

15                Today I celebrate Dr. Esmeralda 

16   Simmons, Esquire, who is the founder and 

17   executive director of the Center for Law and 

18   Social Justice in Brooklyn, New York.  The center 

19   is a small but very effective community-based 

20   legal advocacy and research institution that is a 

21   unit of Medgar Evers College of City University 

22   of New York.  

23                Prior to founding the center at 

24   Medgar Evers, Esmeralda has already had an 

25   accomplished career as the First Deputy 


                                                               1002

 1   Commissioner for Human Rights for New York State 

 2   and as a civil rights attorney for the U.S. 

 3   Department of Education, and also as a New York 

 4   State Assistant Attorney General and a New York 

 5   City Assistant Corporation Counsel.  She had also 

 6   served as a law clerk to a federal judge.  

 7                In addition, she has served on 

 8   several major public boards in New York City 

 9   government, including the New York City Board of 

10   Education and the New York City Districting 

11   Commission.  An activist and a leader, she has 

12   been involved in the community empowerment 

13   movement in central Brooklyn and in progressive 

14   political causes for over 35 years.  

15                Dr. Esmeralda is an attorney who 

16   specializes in racial justice issues such as 

17   quality public education for students of color, 

18   voting rights, and cultural rights.  She chooses 

19   to work locally with community organizations 

20   using advocacy community education, coalition 

21   building and organizing methods, as well as civil 

22   rights and human rights legal tools.  

23                Dr. Esmeralda Simmons is a deeply 

24   spiritual woman who is grounded in African 

25   culture, who finds constant inspiration in the 


                                                               1003

 1   vision of her ancestors, her belief in piece and 

 2   her respect for life and cultural diversity.  

 3                Today it is my pleasure and my honor 

 4   to recognize Dr. Esmeralda Simmons for the many 

 5   years of her contribution to her community, 

 6   including to people who I serve in the Borough of 

 7   Brooklyn.  So I am happy that we are able to 

 8   pause today to celebrate the contribution of this 

 9   great New York State woman.  

10                Thank you, Mr. President.  

11                ACTING PRESIDENT CARLUCCI:   Thank 

12   you, Senator Montgomery.

13                Are there other members wishing to 

14   be heard on the resolution?  

15                Senator Parker.

16                SENATOR PARKER:   Thank you, 

17   Mr. Chair.

18                Let me first begin by thanking 

19   Senator Montgomery for her leadership in making 

20   sure that every week that we take some time 

21   during Women's History Month to actually honor 

22   women of the great State of New York, and 

23   particularly from the People's Republic of 

24   Brooklyn.  

25                And particularly today, as we pause 


                                                               1004

 1   in our deliberations to honor the work of 

 2   Esmeralda Simmons, I absolutely had to rise to 

 3   add my voice.  

 4                This is someone who has been a real 

 5   champion for the people of the State of New York 

 6   and particularly of Brooklyn.  A lot of the work 

 7   that she has done -- and you've heard how 

 8   extensive her resume is.  I think that what you 

 9   don't get is her sense of caring about people, 

10   about the dedication, the level of sacrifice that 

11   she has made in her personal life to make sure 

12   that she's helped create a world which we're 

13   happy to call our own and raise our children in.

14                Her dedication in particular, her 

15   work around civil rights has been, you know, 

16   nothing less than astonishing.  She is someone 

17   who always is on the right side, as an attorney 

18   always ready to offer her legal skills and 

19   expertise.  

20                And in particular, she has been 

21   really, really involved around the issues around 

22   redistricting and making sure that fair 

23   redistricting happens in the state and, again, 

24   particularly for the districts in Brooklyn.

25                And so we want to thank her -- at 


                                                               1005

 1   least I want to thank her, on behalf of the 

 2   constituents of the 21st Senatorial District, for 

 3   all her work, and encourage her to continue the 

 4   work that she's been doing, because she's really, 

 5   really, greatly needed for all of us.  

 6                Thank you.

 7                ACTING PRESIDENT CARLUCCI:   Thank 

 8   you, Senator Parker.

 9                Senator Espaillat.

10                SENATOR ESPAILLAT:   Thank you, 

11   Mr. President.  

12                I rise also to speak in support of 

13   this resolution and to say that I met Esmeralda 

14   Simmons back in the early '90s when the Board of 

15   Estimates was done away with in the City of 

16   New York and the City Council expanded to the 

17   number of seats that they have today in the City 

18   of New York.  

19                She was entrusted, along with the 

20   late Frank Macchiarola, to head a nonpartisan 

21   independent redistricting commission that led to 

22   the creation of 52, I believe it was, new seats.  

23   And with that expansion of the City Council, we 

24   got the first LGBT member of the City Council 

25   from that community.  We had the first 


                                                               1006

 1   Asian-American elected to the City Council.  We 

 2   had the first West Indian member, Jamaican 

 3   member, for the City Council, the first 

 4   Dominican-American elected to the City Council.  

 5                So the work, the groundbreaking work 

 6   that she did as a member of the -- get this, 

 7   fellow Senators -- independent redistricting 

 8   commission led to the -- I know that we're going 

 9   back a few years and our memories may betray us, 

10   but the work that she did made the City Council a 

11   more representative body of the City of New York.  

12   It left no one out, and I mean no one out.  

13                And she's a tremendous advocate for 

14   not only Brooklyn, we share -- the whole city 

15   shares her.  And I'm happy to be affiliated with 

16   this resolution, Mr. President.  

17                Thank you.

18                ACTING PRESIDENT CARLUCCI:   Thank 

19   you, Senator Espaillat.

20                Senator Hassell-Thompson.

21                SENATOR HASSELL-THOMPSON:   Thank 

22   you, Mr. President.

23                I rise to commend Senator Montgomery 

24   for the continuing work that she does to 

25   recognize Women of Distinction.  And they're not 


                                                               1007

 1   necessarily the women that will ever be made 

 2   famous within the history books, but who do so 

 3   much for the State of New York.  And 

 4   Dr. Esmeralda is certainly one of those people.  

 5                As I listened to Senator Espaillat 

 6   talk about her work, I wanted to just stand and 

 7   say that I have too have been a tremendous 

 8   beneficiary of her work around redistricting.  

 9   She came to Westchester County and helped us to 

10   really understand the relationship between the 

11   census and how to really do that census in a 

12   proper fashion to allow us to get the best 

13   benefit out of redistricting that's possible.

14                And she did not just confine herself 

15   to Brooklyn, but anywhere that people asked her 

16   to come to educate them about the process, she 

17   was more than willing to come.  And in most cases 

18   she came with no remuneration whatsoever.

19                So when we were putting together 

20   ideas in my first term here, we were in the 

21   middle of our first redistricting for our seats.  

22   And she was one of the best people that helped us 

23   to understand what this process meant from a 

24   legislative perspective.  And while we still 

25   struggle to make sure that the redistricting 


                                                               1008

 1   happens in a way that is as least partisan as 

 2   possible, we have the benefit of her education, 

 3   her knowledge, and her commitment to do the right 

 4   thing even if we don't choose to.

 5                So I commend you, Senator 

 6   Montgomery, and I commend Dr. Esmeralda Simmons 

 7   for the continued work around social justice 

 8   issues that she does for the people of the State 

 9   of New York.

10                I thank you, Mr. President.

11                ACTING PRESIDENT CARLUCCI:   Thank 

12   you, Senator Hassell-Thompson.

13                Senator Smith.

14                SENATOR SMITH:   Thank you very 

15   much, Mr. President.

16                And I rise also to congratulate my 

17   colleague Senator Velmanette Montgomery for 

18   honoring and bringing forth the name of 

19   Dr. Esmeralda Simmons.  

20                I rise because I want you to get a 

21   full appreciation for the depth of what 

22   Dr. Simmons has done, not just in Brooklyn, not 

23   just in Manhattan, not just in Mount Vernon, but 

24   also in Queens as well.  

25                The seat that I represent today was 


                                                               1009

 1   drawn many years ago because of Dr. Esmeralda 

 2   Simmons, where Senator Andrew Jenkins was in that 

 3   seat.  Senator Alton Waldon, who was the first 

 4   African-American elected to Congress, and then 

 5   Congressman Floyd Flake, which was the seat in 

 6   which my colleague Senator Addabbo's father 

 7   actually sat in, she was part of that redrawing 

 8   as well.  

 9                So you really don't get a full 

10   understanding of the impact that this young lady 

11   has had on not only New York State politics, but 

12   across the country.  And there are so many 

13   people, especially this young lady, who has had 

14   an impact on politics in this state that you 

15   would never know.  You have never heard her name, 

16   you wouldn't have known who she was.  She's a 

17   very short young lady, unassuming.  

18                But yet and still, when she would 

19   walk in a room, for those of us who knew her, we 

20   would genuflect, because we recognized the power 

21   of her intellect, the power of her pen.  When she 

22   stood on the floor of any courtroom, we knew when 

23   she set forth an argument, it would be one that 

24   would change the course of history.  

25                So, Senator Velmanette Montgomery, 


                                                               1010

 1   let me thank you with a sincere heart, because 

 2   what you have done today and the name that you 

 3   brought forward allows us to remember.  Because, 

 4   you know, as colleagues sometimes we can forget, 

 5   we can get wrapped up in our moments and kind of 

 6   forget how we got here and why we're here.  But I 

 7   will tell you, when you bring forth names like 

 8   Dr. Esmeralda Simmons, it allows us to humble 

 9   ourself but reminds us that we are here for a 

10   cause, and a cause that somebody else put their 

11   life on the line to make sure that it happens.  

12                So I thank you, and God bless you 

13   for it.  

14                Thank you, Mr. President, for the 

15   opportunity.

16                ACTING PRESIDENT CARLUCCI:   Thank 

17   you, Senator Smith.

18                Are there any other members wishing 

19   to be heard on the resolution?  

20                This resolution was previously 

21   adopted on February 4th.

22                Senator Libous.

23                SENATOR LIBOUS:   Could we return to 

24   motions.  And I believe Senator Savino has a 

25   motion.


                                                               1011

 1                ACTING PRESIDENT CARLUCCI:   Senator 

 2   Savino for a motion.

 3                SENATOR SAVINO:   Mr. President, on 

 4   behalf of Senator Avella, on page 24 I offer the 

 5   following amendments to Calendar Number 278, 

 6   Senate Print Number 6599A, and ask that the said 

 7   bill retain its place on Third Reading Calendar.

 8                ACTING PRESIDENT CARLUCCI:   So 

 9   ordered.

10                Senator Libous.

11                SENATOR LIBOUS:   Mr. President, on 

12   behalf of Senator Griffo, on page 13 I offer the 

13   following amendments to Calendar Number 152, 

14   Senate Print 3149, and ask that said bill retain 

15   its place on the Third Reading Calendar.

16                ACTING PRESIDENT CARLUCCI:   So 

17   ordered.

18                Senator Libous.

19                SENATOR LIBOUS:   Thank you, sir.  

20                On behalf of Senator Hannon, on 

21   page 10 I offer the following amendments to 

22   Calendar Number 104, Senate Print 6477A, and ask 

23   that said bill retain its place on the Third 

24   Reading Calendar.

25                ACTING PRESIDENT CARLUCCI:   So 


                                                               1012

 1   ordered.

 2                SENATOR LIBOUS:   Mr. President, at 

 3   this time could we take up the reading of the 

 4   noncontroversial calendar.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Calendar Number 

 8   194, by Senator Robach, Senate Print 1020, an act 

 9   to amend the Correction Law.

10                ACTING PRESIDENT CARLUCCI:   Read 

11   the last section.

12                THE SECRETARY:   Section 5.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT CARLUCCI:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT CARLUCCI:    

18   Announce the result.

19                THE SECRETARY:   Ayes, 60.

20                ACTING PRESIDENT CARLUCCI:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   253, by Senator Young, Senate Print 2203, an act 

24   to amend the Environmental Conservation Law.

25                ACTING PRESIDENT CARLUCCI:   Read 


                                                               1013

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT CARLUCCI:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT CARLUCCI:    

 8   Announce the result.

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT CARLUCCI:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   256, by Senator Libous, Senate Print 4195, an act 

14   to amend Chapter 455 of the Laws of 2011.

15                ACTING PRESIDENT CARLUCCI:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT CARLUCCI:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT CARLUCCI:    

23   Announce the result.

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT CARLUCCI:   The 


                                                               1014

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   259, by Senator Ritchie, Senate Print 3968, an 

 4   act to amend the Education Law.

 5                ACTING PRESIDENT CARLUCCI:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT CARLUCCI:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 59.  Nays, 1.  

13   Senator Hoylman recorded in the negative.

14                ACTING PRESIDENT CARLUCCI:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   268, by Senator Marcellino, Senate Print 1480, an 

18   act to amend the Vehicle and Traffic Law.

19                ACTING PRESIDENT CARLUCCI:   Read 

20   the last section.

21                THE SECRETARY:   Section 4.  This 

22   act shall take effect on the first of November.

23                ACTING PRESIDENT CARLUCCI:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               1015

 1                ACTING PRESIDENT CARLUCCI:    

 2   Announce the result.

 3                THE SECRETARY:   Ayes, 60.

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   272, by Senator Lanza, Senate Print 2455, an act 

 8   to enact.

 9                ACTING PRESIDENT CARLUCCI:   Read 

10   the last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect on the 180th day.

13                ACTING PRESIDENT CARLUCCI:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT CARLUCCI:    

17   Announce the result.

18                THE SECRETARY:   Ayes, 60.

19                ACTING PRESIDENT CARLUCCI:   The 

20   bill is passed.

21                Senator Libous, that completes the 

22   noncontroversial reading of the calendar.

23                SENATOR LIBOUS:   Mr. President, is 

24   there any further business at the desk?  

25                ACTING PRESIDENT CARLUCCI:   There 


                                                               1016

 1   is no further business at the desk.

 2                SENATOR LIBOUS:   Thank you, 

 3   Mr. President.  

 4                There being no further business, I 

 5   move that the Senate adjourn until Wednesday, 

 6   March 19th, at 3:00 p.m.

 7                ACTING PRESIDENT CARLUCCI:   On 

 8   motion, the Senate stands adjourned until 

 9   Wednesday, March 19th, at 3:00 p.m.

10                (Whereupon, at 4:28 p.m., the Senate 

11   adjourned.)

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