Gaveled in 3:17 PM · Albany, New York · 2005–06 session
1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 January 31, 2005 11 3:17 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25
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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: In the absence of 10 clergy, may we bow our heads in a moment of 11 silence, please. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 THE PRESIDENT: Reading of the 15 Journal. 16 THE SECRETARY: In Senate, 17 Friday, January 28, the Senate met pursuant to 18 adjournment. The Journal of Thursday, 19 January 27, was read and approved. On motion, 20 Senate adjourned. 21 THE PRESIDENT: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.
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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Farley. 8 SENATOR FARLEY: Thank you, Madam 9 President. 10 On behalf of Senator Maltese, I 11 move that the following bill be discharged 12 from its respective committee and be 13 recommitted with instructions to strike the 14 enacting clause: Senate Print 574. 15 THE PRESIDENT: So ordered. 16 Senator Skelos. 17 SENATOR SKELOS: Madam President, 18 can we have the title read on Resolution 292, 19 by Senator Morahan, and move for its immediate 20 adoption. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: By Senator 24 Morahan, Legislative Resolution Number 292, 25 honoring Sister Marie Callahan for her 75
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(518) 371-8910 1 years of service as a Dominican Sister. 2 THE PRESIDENT: All in favor 3 please signify by saying aye. 4 (Response of "Aye.") 5 THE PRESIDENT: Opposed, nay. 6 (No response.) 7 THE PRESIDENT: The resolution is 8 adopted. 9 Senator Skelos. 10 SENATOR SKELOS: Madam President, 11 there's a privileged resolution, 293, by 12 Senator Balboni. Could we have the resolution 13 read in its entirety and move for its 14 immediate adoption. 15 THE PRESIDENT: The Secretary 16 will read. 17 THE SECRETARY: By Senator 18 Balboni, Legislative Resolution Number 293, 19 honoring the members of the New York State 20 National Guard who provided security during 21 the elections in Iraq on Sunday, January 30, 22 2005. 23 "WHEREAS, Members of the Armed 24 Services from the State of New York who have 25 served so faithfully and courageously in wars
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(518) 371-8910 1 in which our nation's freedom was at stake, as 2 well as in the preservation of peace during 3 peacetime, deserve a special salute from this 4 Legislative Body; and 5 "WHEREAS, The dedication and 6 sacrifice of our military personnel ensure our 7 continued role as a nation which embodies the 8 ideals of democracy and is a defender of 9 liberty for peoples throughout the world; and 10 "WHEREAS, This Legislative Body is 11 justly proud to honor the members of the 12 New York State National Guard who provided 13 security during the elections in Iraq on 14 Sunday, January 30, 2005; and 15 "WHEREAS, There are 5,135 members 16 of New York State's National Guard who have 17 been called to serve in Iraq; and 18 "WHEREAS, Approximately 4,000 of 19 those New York National Guard members are 20 providing protection to Iraqi civilians in 21 their communities; and 22 "WHEREAS, On January 30, 2005, 23 those brave New York National Guard members 24 helped to keep order during the first truly 25 free election in Iraq in half a century; and
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(518) 371-8910 1 "WHEREAS, It is estimated that 2 60 percent of the 14 million eligible Iraqis 3 voted in those elections, and the commanding 4 presence of those New York National Guard 5 members minimized the number of casualties in 6 this region torn by daily violence; and 7 "WHEREAS, Those New York National 8 Guard members also provide training to Iraqi 9 security forces dedicated to a peaceful and 10 free Iraq; and 11 "WHEREAS, All New York National 12 Guard members who served or are serving in 13 Iraq contribute to the ongoing quest for 14 stability; now, therefore, be it 15 "RESOLVED, That this Legislative 16 Body pause in its deliberations to honor the 17 members of the New York State National Guard 18 who provided security during the elections in 19 Iraq on Sunday, January 30, 2005, and to 20 commend those individuals from New York for 21 their role in promoting worldwide democracy; 22 and be it further 23 "RESOLVED, That a copy of this 24 resolution, suitably engrossed, be transmitted 25 to Major General Thomas P. Maguire, Jr.,
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(518) 371-8910 1 Adjutant General of New York." 2 THE PRESIDENT: Senator Balboni. 3 SENATOR BALBONI: Madam 4 President, in America we search for things 5 that we can agree with, and -- at least we 6 ought to be. And so oftentimes we talk about 7 democracy, but only in this country. 8 Today is a very historic day, 9 following one of the most historic days in the 10 history of the Middle East. America has met 11 its promise of taking its resources, its most 12 valuable and precious resources, and using 13 them to bring democracy -- not just in word, 14 but in deed -- to the Middle East. 15 Free elections were held yesterday 16 in Iraq for the first time in 50 years. Fifty 17 years. And the reason why they occurred -- 18 obviously because of the Iraqi people, but 19 because 4,000 of our fellow residents of this 20 state put their life in harm's way to provide 21 security for that election. 22 The numbers that are coming in are 23 still a little sketchy, but it's estimated to 24 be close to 60 percent of the country's 25 eligible population voted. That is
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(518) 371-8910 1 extraordinary. And particularly when you 2 consider the run-up to the election, everybody 3 saying this was going to be a disaster, you 4 ought to delay it, you ought to postpone it, 5 there can't be security, we ought to bow to 6 the terrorists. After all, we know what they 7 want. They don't really want freedom. They 8 can't understand freedom. 9 Of course they understand freedom. 10 And what we've seen is they understand freedom 11 perhaps as passionately or more passionately 12 than we do. How would Americans react if we 13 had to go to the polls under the gun, with the 14 threat of violence and death? Would we go in 15 60 percent numbers? But in part that happened 16 because of the men and women who are serving 17 in the volunteer armed forces today, making 18 that sacrifice. 19 As chair of the Military Affairs 20 Committee, I've never been more proud, because 21 this is something you can't argue with. 22 Whether you believe Iraq was right or Iraq was 23 wrong, what you can say is giving people the 24 right to vote and providing them with the 25 security necessary to exercise that franchise
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(518) 371-8910 1 is the greatest gift we can give as a 2 democracy. And it is because of the blood, 3 sweat, and tears of our neighbors and our 4 constituents that we are able to do this. 5 Thank you, Madam President. 6 THE PRESIDENT: Senator Larkin. 7 SENATOR LARKIN: Thank you, Madam 8 President. Please excuse my voice. 9 You know, Senator Balboni said it 10 very clearly. New Yorkers have over 4,000 11 troops in Iraq. Probably, since the beginning 12 of the event, closer to 6,000. We talk about 13 the opportunity to vote for the first time in 14 50 years. We talk about a constitution. I 15 think we ought to take a moment and go back in 16 history. 17 In May of 1945, the Germans 18 surrendered in Europe. It took us 4½ years to 19 get a constitution and an organized body in 20 Germany. On September 2, 1945, on the U.S. 21 Missouri, the Japanese surrendered. It took 22 us four years to get the Japanese government 23 in place. 24 Now, we talk about all of the 25 insurgents that went on. I don't know about
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(518) 371-8910 1 anybody else in this room, but I know I went 2 from the Pacific to Japan, and while in Japan 3 our units were bombarded many, many nights, 4 many, many days. Our losses were minimal, but 5 our property losses were great. 6 We are very fortunate; the people 7 that are in Iraq are all volunteers. Now, 8 I've heard people say they didn't volunteer to 9 go there or volunteer to do this, that or the 10 other. You know, last week I talked to two 11 Army colonels back from Iraq. It's very clear 12 that reenlistments are in the 90s, very clear 13 that these servicemen and women asked to be 14 part of the armed forces. And being part of 15 the armed services is serving where your 16 country sends you. 17 It's a proud profession. I'm very 18 proud. And we ought to be very proud of what 19 they've accomplished. Yesterday, that vote, 20 they did everything. 21 All the external people did 22 everything they could to tear that vote down. 23 And what happened? We were successful. We 24 were successful because the Iraqi people, not 25 only in Iraq, but in other parts of the world,
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(518) 371-8910 1 wanted to show that they wanted freedom. 2 You know, if we don't have freedom 3 there, we won't have freedom here. I've said 4 it time and time again, I'd rather fight in 5 Baghdad than in New York. 6 And when I hear people talk about 7 combat, what bothers me the most is those who 8 talk about it have never been in combat. Our 9 Majority Leader, Senator Bruno, fought in the 10 35th Infantry Regiment in Korea. John Marchi 11 was in it. Cesar Trunzo. And I'm very proud 12 that I was. 13 But we should be very proud of what 14 our men and women did, because they stood up. 15 They were a part of the new generation to 16 embrace the world with freedom. 17 THE PRESIDENT: Senator Padavan. 18 SENATOR PADAVAN: Thank you, 19 Madam President. 20 I'd like to associate myself with 21 the comments made by the previous two speakers 22 and thank Senator Balboni for introducing this 23 resolution. However, I would add something to 24 it. 25 Along with the National Guard,
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(518) 371-8910 1 there are thousands of Army Reservists 2 stationed in units throughout New York State 3 who have been activated and are now in Iraq. 4 I've attended various ceremonies of these 5 units as they were leaving at Fort Totten, as 6 an example, the headquarters of the 77th 7 Reserve Command. And I stood there and 8 watched them say goodbye to their families, 9 their children, their parents, others that 10 they knew as they left, departed for Iraq. 11 Among those who were activated is a 12 unit that I served in and commanded many years 13 ago, the 411th Engineer Brigade. And that's 14 the second time for them, because they were 15 also activated during the Gulf War. 16 And you probably don't remember, 17 but Senator Bonacic introduced a resolution 18 here last session, late last session, on 19 behalf of one of the members of that unit who 20 lost his life there. 21 So in addition to the National 22 Guard, whom we can be very proud of, we should 23 also be aware that there are equal numbers of 24 federal Army Reservists serving in Iraq doing 25 a fantastic job -- medical units, supply
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(518) 371-8910 1 units, transportation units, engineering units 2 of all kinds are doing what they were trained 3 to do. And in thinking about our Guard, we 4 should also think about them. 5 THE PRESIDENT: On the 6 resolution, all those in favor please signify 7 by saying aye. 8 (Response of "Aye.") 9 THE PRESIDENT: Opposed, nay. 10 (No response.) 11 THE PRESIDENT: The resolution is 12 adopted. 13 Senator Skelos. 14 SENATOR SKELOS: Madam President, 15 I believe Senator Balboni wants to open it for 16 cosponsorship. If anybody wishes not to 17 sponsor it, they should notify the desk. 18 THE PRESIDENT: Any member who 19 does not want to sponsor the last resolution 20 please notify the desk. 21 Senator Skelos. 22 SENATOR SKELOS: Madam President, 23 if we could go to the noncontroversial reading 24 of the calendar. 25 THE PRESIDENT: The Secretary
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(518) 371-8910 1 will read. 2 THE SECRETARY: Calendar Number 3 4, by Senator Skelos, Senate Print 85 -- 4 SENATOR SKELOS: Lay it aside for 5 the day. 6 ACTING PRESIDENT MORAHAN: The 7 bill is laid aside for the day. 8 THE SECRETARY: Calendar Number 9 7, by Senator McGee, Senate Print 752, an act 10 to amend the Tax Law. 11 ACTING PRESIDENT MORAHAN: There 12 is a local fiscal impact note at the desk. 13 The Secretary will read the last 14 section. 15 THE SECRETARY: Section 7. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MORAHAN: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT MORAHAN: 21 Announce the results. 22 THE SECRETARY: Ayes, 57. 23 ACTING PRESIDENT MORAHAN: The 24 bill is passed. 25 Senator, that completes the reading
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(518) 371-8910 1 of the noncontroversial calendar. 2 SENATOR SKELOS: Mr. President, 3 is there any further business at the desk? 4 ACTING PRESIDENT MORAHAN: No 5 further business at the desk. 6 SENATOR SKELOS: Then on behalf 7 of Senator Bruno, in consultation with 8 Minority Leader Paterson, I hand up the 9 following Minority committee assignments and 10 ask that they be filed at the desk with the 11 Clerk. 12 ACTING PRESIDENT MORAHAN: They 13 will be received and filed in the Journal, 14 Senator. 15 SENATOR SKELOS: There being no 16 further business to come before the Senate, I 17 move we stand adjourned until Tuesday, 18 February 1st, at 3:00 p.m. 19 Before we adjourn, there will be an 20 immediate meeting of the Rules Committee in 21 the Majority Conference Room. 22 ACTING PRESIDENT MORAHAN: Okay, 23 first there's going to be an immediate meeting 24 of the Rules Committee in the Majority 25 Conference Room.
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(518) 371-8910 1 On motion, the Senate stands 2 adjourned until Tuesday, February 1st, 3 3:00 p.m. 4 (Whereupon, at 3:33 p.m., the 5 Senate adjourned.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
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Highest impact first.