Monday, February 7, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 7, 2005 11 3:11 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JAMES L. SEWARD, Acting 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 ACTING PRESIDENT SEWARD: The 3 Senate will come to order. 4 And I ask everyone present to 5 please rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT SEWARD: The 10 invocation today will be given by the Reverend 11 Peter G. Young, of the Blessed Sacrament 12 Church in Bolton Landing. 13 REVEREND YOUNG: Thank you, 14 Senator. 15 Let us pray. 16 God has given us many different 17 gifts, but it is always Your spirit, O God, 18 that is there to guide our many different ways 19 of serving in this Senate chamber. It is 20 always to you, O God, that You have granted us 21 and granted them to be used for the good of 22 our New York State citizens. 23 God has gifted each member of this 24 great power of this Senate of New York State a 25 unique potential to help their constituents.

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(518) 371-8910 1 Let us take a moment to thank God for their 2 talents and their skills. 3 God, we thank You for these gifts 4 that You have put in this body, unique to each 5 Senator. Let us rejoice in You, O God, who 6 have made us this dedicated group. 7 And we pray too, especially today, 8 for our troops in Iraq and for those places 9 where they're serving our country. 10 We ask You this now and forever. 11 Amen. 12 ACTING PRESIDENT SEWARD: Thank 13 you. 14 The reading of the Journal. 15 THE SECRETARY: In Senate, 16 Friday, February 4, the Senate met pursuant to 17 adjournment. The Journal of Thursday, 18 February 3, was read and approved. On motion, 19 Senate adjourned. 20 ACTING PRESIDENT SEWARD: Without 21 objection, the Journal stands approved as 22 read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor.

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(518) 371-8910 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Bruno. 7 SENATOR BRUNO: Mr. President, I 8 believe I have a resolution at the desk. I 9 would ask that it be read in its entirety and 10 move for its immediate adoption. 11 ACTING PRESIDENT SEWARD: The 12 Secretary will read. 13 THE SECRETARY: By Senator Bruno, 14 Legislative Resolution Number 365, honoring 15 Sergeant Kenneth F. Comstock, Sergeant Robert 16 C. Hemsing, Jr., and Staff Sergeant Robert J. 17 Griffin upon the occasion of receiving the 18 Purple Heart Medal from Governor George E. 19 Pataki on February 7, 2005. 20 "WHEREAS, The courage and bravery 21 of our military personnel since the United 22 States Armed Forces commenced Operation Iraqi 23 Freedom will ensure our continued role as a 24 nation which embodies the ideals of democracy 25 and as a defender of liberty for people

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(518) 371-8910 1 throughout the world; and 2 "WHEREAS, Members of the Armed 3 Forces from the State of New York, who have 4 served so valiantly and honorably during 5 Operation Iraqi Freedom deserve a special 6 tribute from this Legislative Body; and 7 "WHEREAS, This Legislative Body is 8 justly proud to honor Sergeant Kenneth F. 9 Comstock, Sergeant Robert C. Hemsing, Jr., and 10 Staff Sergeant Robert J. Griffin upon the 11 occasion of receiving the Purple Heart Medal 12 from Governor George E. Pataki at a ceremony 13 held at the State of New York Division of 14 Military and Naval Affairs in Latham, 15 New York, on Monday, February 7, 2005; and 16 "WHEREAS, The Purple Heart Medal is 17 the oldest military decoration in the world in 18 present use and is awarded in the name of the 19 President of the United States to members of 20 the United States military who have been 21 wounded or killed in action. It was created 22 by General George Washington as a way to honor 23 and thank the brave soldiers who fought under 24 his command for the independence of our great 25 nation; and

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(518) 371-8910 1 "WHEREAS, A member of C Company, 2 2nd Battalion, 108th Infantry Regiment based 3 in Glens Falls, New York, Sergeant Kenneth F. 4 Comstock of Ballston Spa, New York, joined the 5 New York State Army Reserve National Guard on 6 July 27, 2000; and 7 "WHEREAS, Sergeant Kenneth F. 8 Comstock has been the recipient of a multitude 9 of awards and certificates of recognition, 10 acknowledging his efforts of in-depth 11 magnitude, including the New York State 12 Defense of Liberty Medal with WTC Device, the 13 Army Service Ribbon, the National Defense 14 Service Medal, the Army Achievement Medal (2nd 15 Award), the Global War on Terrorism Service 16 Medal, the Global War on Terrorism 17 Expeditionary Medal, and the Combat 18 Infantryman's Badge; and 19 "WHEREAS, A member of C Company, 20 2nd Battalion, 108th Regiment based in Glens 21 Falls, New York, Sergeant Robert C. Hemsing, 22 Jr., of South Glens Falls, New York, joined 23 the New York State Army Reserve National Guard 24 on May 24, 2000; and 25 "WHEREAS, Sergeant Robert C.

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(518) 371-8910 1 Hemsing, Jr., has been the recipient of a 2 multitude of awards, honors and certificates 3 of recognition, acknowledging his efforts of 4 in-depth magnitude, including the New York 5 State Defense of Liberty Medal, the Army 6 Service Ribbon, the National Defense Service 7 Medal, the Army Achievement Medal, the Global 8 War on Terrorism Service Medal, the Global War 9 on Terrorism Expeditionary Medal, and the 10 Combat Infantryman's Badge; and 11 "WHEREAS, A member of the 105th 12 Military Police Company, 53rd Troop Command, 13 Staff Sergeant Robert J. Griffin of Albany, 14 New York, joined the New York State Army 15 Reserve National Guard on July 16, 1992; and 16 "WHEREAS, Staff Sergeant Robert J. 17 Griffin has been the recipient of a multitude 18 of awards, honors and certificates of 19 recognition, acknowledging his efforts of 20 in-depth magnitude, including the New York 21 State Aid to Civil Authority (3rd Award), the 22 New York State Medal for Humane Service, the 23 New York State Military Commendation Medal, 24 the Medal for Merit, the New York State 25 Defense of Liberty with WTC Device, the Army

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(518) 371-8910 1 Service Ribbon, the National Defense Service 2 Medal, the Noncommissioned Officer 3 Professional Development Ribbon, the 4 Humanitarian Service Medal, the Army Reserve 5 Component Achievement Medal, the Global War on 6 Terrorism Service Medal, and the Global War on 7 Terrorism Expeditionary Medal; and 8 "WHEREAS, The banner of freedom 9 will always wave over our beloved New York and 10 all of America, the Land of the Free and the 11 Home of the Brave; and 12 "WHEREAS, Residents of this great 13 state must never forget the courage with which 14 these men and women served their country and 15 must recognize that no greater debt is owed 16 than that owed to those who gave their lives 17 for their beloved Nation and to those who 18 continue to be missing in action; and 19 "WHEREAS, The freedoms and security 20 we cherish as Americans come at a very high 21 price for those serving in the military in 22 times of conflict. It is fitting and proper 23 that we, who are the beneficiaries of those 24 who risk their lives, leaving their families 25 behind, express our appreciation and eternal

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(518) 371-8910 1 gratitude for their sacrifices and courageous 2 acts; now, therefore, be it 3 "RESOLVED, that this Legislative 4 Body pause in its deliberations to honor 5 Sergeant Kenneth F. Comstock, Sergeant Robert 6 C. Hemsing, Jr., and Staff Sergeant Robert J. 7 Griffin upon the occasion of receiving the 8 Purple Heart Medal from Governor George E. 9 Pataki on February 7, 2005; and be it further 10 "RESOLVED, That copies of this 11 resolution, suitably engrossed, be transmitted 12 to Sergeant Kenneth F. Comstock, Sergeant 13 Robert C. Hemsing, Jr., and Staff Sergeant 14 Robert J. Griffin." 15 ACTING PRESIDENT SEWARD: Senator 16 Bruno. 17 SENATOR BRUNO: Thank you, Mr. 18 President. 19 You know, we're humbled here in 20 this chamber as we hear a chronicle of three 21 of the so many that have been wounded in Iraq. 22 Three local soldiers who separated from their 23 families, separated from their lives, go over 24 to defend us and the entire free world. And 25 they get hurt, and they get hurt badly. Many

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(518) 371-8910 1 of those recognize that they can be killed, 2 not just injured. 3 Ken Comstock, that you just heard 4 of, used to be in my district. And he went 5 over -- got out of high school, went over, a 6 Humvee blew up, 500 hundred fractures in his 7 skull. And he's been reconstructed. 8 He was one of those of so many that 9 in your districts in this state, throughout 10 this country, are there while we deliberate, 11 while we lead our daily lives, so that we can 12 do that, our families can do that and their 13 families. 14 And when you talk to these 15 soldiers, you talk to these people in the 16 armed forces, they do it gladly, they do it 17 willingly. We had a free election there in 18 Iraq. And they understand that what they're 19 fighting for is freedom, freedom here in the 20 United States, freedom with the free world who 21 are partners in this constant struggle. 22 So we're honored that we could 23 recognize these young gentlemen. And they are 24 hearing this as it is read, this resolution, 25 which will be part of the records here in the

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(518) 371-8910 1 Senate. And we wish them good health, and we 2 wish them only the very best and thank them 3 from the bottom of our hearts. God bless them 4 all, and all the people who serve in the armed 5 forces. 6 Thank you Mr. President. 7 ACTING PRESIDENT SEWARD: Are 8 there any other Senators that wish to be 9 recognized on this resolution? 10 Senator Little. 11 SENATOR LITTLE: Thank you, Mr. 12 President. 13 I had the privilege this morning of 14 standing among these three American heroes and 15 the to witness them being pinned with the 16 Purple Heart. And it was such an honor and 17 privilege and something that I will never 18 forget. 19 I think the thing that struck me 20 the most is here are three men who have severe 21 injuries -- one to the head, one had a severe 22 hand injuries, leg injuries. They've had 23 months of rehabilitation. But the thing that 24 was most impressive was their pride in being 25 part of the National Guard, of being in their

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(518) 371-8910 1 uniform, of standing there, of knowing what 2 they had done and what they had witnessed in 3 Iraq and what had happened as a result of it 4 with the elections that took place last week. 5 Their families were there. The 6 relief and join in the face of their families 7 is something that's unbelievable. And I gave 8 greetings and thanks and gratitude from the 9 entire Senate. 10 But it was a privilege, and I'm 11 sure that we all thank them for everything 12 that they've done and continue to keep in our 13 prayers and good wishes all of those who 14 continue to serve in Iraq. 15 Thank you. 16 ACTING PRESIDENT SEWARD: The 17 question is on the resolution. All those in 18 favor signify by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT SEWARD: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT SEWARD: The 24 resolution is adopted. 25 Senator Bruno.

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(518) 371-8910 1 SENATOR BRUNO: Mr. President, 2 can we open this resolution for cosponsorship 3 to everyone that's in this chamber. 4 Anyone electing not to join, would 5 you please notify the desk at your 6 convenience. And thank you. 7 Thank you, Mr. President. 8 And while I'm on my feet, I would 9 like to, with unanimous consent, take the 10 pleasure of introducing to you a visitor for 11 the first time here in Albany and this 12 chamber, an ally, a partner here of the United 13 States and of the free world, the 14 Consul-General of the U.K., United Kingdom, 15 Sir Philip Thomas, who joins us here today. 16 And Sir Philip has served the 17 British Consulate for over 30 years. He has 18 the responsibility of presently throughout the 19 whole Northeast, and recognizing about 14 20 different entities that operate on behalf of 21 the U.K. and the United States in partnership. 22 Sir Philip's responsibility relates 23 to trade between the United States and Britain 24 and investments in the United States and 25 Britain. That's an awesome responsibility.

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(518) 371-8910 1 And it's interesting for to us note 2 here in New York that in New York the largest 3 investors here in New York are in the U.K. and 4 the largest investors in the U.K. are from 5 New York. 6 So we appreciate your visit. We 7 appreciate, Sir Philip, the good work that you 8 do. And we especially appreciate the 9 partnership that we have had with you and all 10 of the people in the United Kingdom as you 11 join us in the struggles throughout the world, 12 over the decades and in the centuries past. 13 You have been good partners. And economic 14 development opportunities to earn are really 15 the backbone of your country and our country. 16 So we continue a partnership. We 17 thank you for your visit. And we hope that 18 this will be one of many. Because this is a 19 great place, this capital of the Empire State, 20 and it is wide and varied in terms of all the 21 good things that take place here. 22 So we invite you not just to this 23 chamber and through the Capitol, but to really 24 visit here in upstate with us. Thank you for 25 honoring us with your presence.

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(518) 371-8910 1 Sir Philip Thomas, Mr. President. 2 (Standing ovation.) 3 ACTING PRESIDENT SEWARD: Senator 4 Skelos. 5 SENATOR SKELOS: Mr. President, I 6 believe there's a privileged resolution, 363, 7 by Senator Larkin. Could we have it read in 8 its entirety and move for its immediate 9 adoption. 10 ACTING PRESIDENT SEWARD: The 11 Secretary will read. 12 THE SECRETARY: By Senators 13 Larkin, Bruno and Balboni, Legislative 14 Resolution Number 363, commemorating National 15 Salute to Hospitalized Veterans Week. 16 "WHEREAS, It is the sense of this 17 Legislative Body that those who give positive 18 definition to the profile and disposition of 19 our American manner do so profoundly 20 strengthen our shared commitment to the 21 exercise of freedom; and 22 "WHEREAS, Attendant to such 23 concern, and fully in accord with its 24 long-standing traditions, this Legislative 25 Body is justly proud to commemorate National

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(518) 371-8910 1 Salute to Hospitalized Veterans Week; and 2 "WHEREAS, National Salute to 3 Hospitalized Veterans Week will be celebrated 4 from February 13 through 19, 2005. This is a 5 time to show support to the men and women who 6 have honorably served our country and borne 7 the battle in defending freedom, not only at 8 home but throughout the world; and 9 "WHEREAS, The purpose of the 10 National Salute to Hospitalized Veterans Week 11 is to pay tribute and express appreciation to 12 hospitalized veterans, increase community 13 awareness of the role of the VA medical 14 center, and encourage citizens to visit 15 hospitalized veterans and to become involved 16 as volunteers; and 17 "WHEREAS, Each year, the week of 18 February 14 is an opportunity to say thank you 19 to a special group of men and women, more than 20 98,000 veterans of the United States Armed 21 Services who are cared for every day in 22 Department of Veterans Affairs medical 23 centers, outpatient clinics, domiciliaries and 24 nursing homes; and 25 "WHEREAS, During National Salute to

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(518) 371-8910 1 Hospitalized Veterans Week, the Department of 2 Veterans Affairs invites individuals, veterans 3 groups, military personnel, civic 4 organizations, businesses, schools, local 5 media, celebrities and sports stars to 6 participate in a variety of activities at the 7 VA medical centers, including special ward 8 visits and Valentine distributions, photo 9 opportunities, school essay contests, special 10 recreation activities and veteran recognition 11 programs; and 12 "WHEREAS, National Salute to 13 Hospitalized Veterans Week is a living 14 testament to an indomitable heritage. From 15 its broad base of compassionate concern and 16 responsible endeavor, there yet emanate the 17 current of valiant tradition and the 18 irrepressible tide of freedom; and 19 "WHEREAS, Through its avowed 20 commitment to the veterans of our Nation, 21 those who volunteer at our Nation's veterans 22 medical centers have so demonstrably advanced 23 that spirit of united purpose and shared 24 concern which is the unalterable manifestation 25 of our American experience; now, therefore, be

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(518) 371-8910 1 it 2 "RESOLVED, That this Legislative 3 Body pause in its deliberations and most 4 proudly commemorate National Salute to 5 Hospitalized Veterans Week, fully confident 6 that such procedure mirrors our shared 7 commitment to preserve, to enhance and to yet 8 effect that patrimony of freedom which is our 9 American heritage; and be it further 10 "RESOLVED, That copies of this 11 resolution, suitably engrossed, be transmitted 12 to the Department of Veterans Affairs, VA 13 Health Care Systems and VA Medical Centers 14 throughout the State of New York." 15 ACTING PRESIDENT SEWARD: Senator 16 Larkin. 17 SENATOR LARKIN: Thank you, Mr. 18 President. 19 You know, each year the third week 20 in February is set aside to honor veterans 21 hospitalized. You know, we have 98,000 22 veterans across this country in nursing homes 23 within the VA installations. 24 A good example of the appreciation 25 was shown last night during the commercials on

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(518) 371-8910 1 the Super Bowl. It showed there a picture of 2 combat veterans, men and women, coming off an 3 aircraft. And a small round of applause, and 4 very shortly it was big, everybody standing, 5 showing appreciation to those who have 6 rendered service in combat for their country. 7 But, you know, the purpose of this 8 resolution isn't just to pass something out. 9 It's truly to say to some of our members, men 10 and women from the Army, Navy, Air Force, 11 Active Reserves, how much we appreciate for 12 what they do. 13 You don't have to be in combat to 14 appreciate them. You need to go to a veterans 15 hospital and see some of the men and women 16 that are there that have made a sacrifice for 17 you and I. 18 And what I think is this salute is 19 very important. Because it says it all, that 20 we're here, safe, because you made a sacrifice 21 for us. 22 Thank you, Mr. President. 23 ACTING PRESIDENT SEWARD: Are 24 there any other Senators that wish to be heard 25 on this resolution?

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(518) 371-8910 1 Hearing none, the question is on 2 the resolution. All in favor signify by 3 saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT SEWARD: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT SEWARD: The 9 resolution is adopted. 10 Senator Larkin. 11 SENATOR LARKIN: Can we open it 12 up for everyone. 13 ACTING PRESIDENT SEWARD: 14 Certainly. 15 Senator Skelos. 16 SENATOR SKELOS: If a member does 17 not wish to sponsor it, they should notify the 18 desk. 19 ACTING PRESIDENT SEWARD: Any 20 member who does not wish to cosponsor the 21 resolution should notify the desk. 22 Senator Skelos. 23 SENATOR SKELOS: At this time if 24 you could take up Privileged Resolution 335, 25 by Senator Montgomery, have it read in its

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(518) 371-8910 1 entirety, and move for its immediate adoption. 2 ACTING PRESIDENT SEWARD: The 3 Secretary will read. 4 THE SECRETARY: By Senator 5 Montgomery, Legislative Resolution Number 335, 6 memorializing Governor George E. Pataki to 7 proclaim February 2005 as Black History Month 8 in the State of New York. 9 "WHEREAS, In recognition of the 10 rich and diverse contributions of African 11 Americans, a joyful month-long celebration is 12 held each February across New York State and 13 across America to pay tribute to our African 14 American brothers and sisters; and 15 "WHEREAS, The idea for an 16 observance honoring the accomplishment of 17 African Americans was proposed by Dr. Carter 18 G. Woodson, the founder of the Association for 19 the Study of African American Life and 20 History, and known as the Father of Black 21 History; and 22 "WHEREAS, In 1926, Dr. Carter G. 23 Woodson chose the second week in February to 24 observe Negro History Week because it included 25 the birthdays of Frederick Douglass and

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(518) 371-8910 1 Abraham Lincoln; and 2 "WHEREAS, During the early 1970s, 3 Negro History Week became known as Black 4 History Week, and in 1976 the week-long 5 observance was extended to the entire month of 6 February, in order to have enough time for 7 celebratory programs and activities, and 8 established as Black History Month; and 9 "WHEREAS, Holding Black History 10 Month during February is especially 11 significant due to the large number of notable 12 contributions to black history that occurred 13 during this month over the years; and 14 "WHEREAS, Jefferson Franklin Long 15 became the first black person to speak in the 16 House of Representatives as a congressman, 17 1871. Black college students staged a sit-in 18 at a segregated lunch counter in Greensboro, 19 North Carolina, beginning the first of the 20 historic sit-ins of the 1960s. Ida B. Wells, 21 reformer who first gathered statistical 22 records on lynching in the U.S., commemorated 23 on a postage stamp, 1990. Ernest E. Just, 24 biologist, received the Spingarn Medal for 25 pioneering research on fertilization and cell

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(518) 371-8910 1 division, 1914. The 15th Amendment, providing 2 for black suffrage, ratified 1870. Jack 3 Johnson, first black heavyweight champion, won 4 the 'Negro Heavyweight Title,' 1903. The 24th 5 Amendment, abolishing the poll tax, ratified 6 1864. Avowed white supremacist Byron de la 7 Beckwith is convicted of the Medgar Evers 8 murder, more than 36 years after he was shot 9 in the back from ambush, 1944. The Peabody 10 Fund is established to promote black education 11 in the South, 1867. Erwin C. Mollison 12 appointed judge of the United States Customs 13 Court by President Truman, 1945. Martin 14 Luther King, Jr., meets with President Lyndon 15 Johnson to discuss black voting rights, 1965. 16 Leroy 'Satchel' Paige elected to the Baseball 17 Hall of fame, 1971. Bernard Harris, first 18 black astronaut to take a spacewalk, 19 dedicating it to the achievements of all 20 African Americans, 1995. Andrew Brimmer is 21 appointed the first black person to serve on 22 the Federal Reserve Board, 1966. Clifford 23 Alexander, Jr., becomes the first black 24 Secretary of the Army, 1977. Nelson Mandela, 25 South African American president and political

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(518) 371-8910 1 activist, released from prison after 27 years, 2 1990. NAACP founded after riot in 3 Springfield, Illinois, 1909. John L. Searles 4 becomes the first black member of the New York 5 Stock Exchange, 1970. U.S. and African 6 American nationalists protesting the slaying 7 of Congo premier Patrice Lumumba disrupted 8 U.N. session, 1961. Frederick Douglass 9 elected president of Freedom Bank & Trust, 10 1857. W.E.B. Dubois organized the first 11 Pan-African American Congress, 1919. Malcolm 12 X assassinated, 1965. Adam Clayton Powell, 13 Jr., activist and chairman of the House 14 Committee on Education and Labor, denied his 15 congressional seat, 1967. And Debi Thomas, 16 figure skater, became the first black American 17 to win a medal at the Winter Olympics, 1988; 18 and 19 "WHEREAS, Black History Month is a 20 time to reflect on the struggles and victories 21 of African Americans throughout our country's 22 history and to recognize their numerous 23 valuable contributions to the protection of 24 our democratic society in war and in peace; 25 and

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(518) 371-8910 1 "WHEREAS, It is the sense of this 2 Assembled Body to commend the African American 3 community for preserving for future 4 generations its centuries-old traditions that 5 benefit us all and add to the color and beauty 6 of the tapestry which is our American society; 7 now, therefore, be it 8 "RESOLVED, That this Legislative 9 Body pause in its deliberations to memorialize 10 Governor George E. Pataki to proclaim 11 February 2005 as Black History Month in the 12 State of New York; and be it further 13 "RESOLVED, That a copy of this 14 resolution, suitably engrossed, be transmitted 15 to The Honorable George E. Pataki, Governor of 16 the State of New York." 17 ACTING PRESIDENT SEWARD: Senator 18 Montgomery. 19 SENATOR MONTGOMERY: Yes, Mr. 20 President. Thank you very much. 21 And I want to thank my colleagues. 22 I think everyone in the Legislature has 23 already indicated that they would like to be a 24 cosponsor. I am very appreciative of that. 25 This is a very important time to

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(518) 371-8910 1 reflect on this particular slice of American 2 history for us. And thankfully we have this 3 month designated to do that, but many of us 4 think about it every day all year. 5 And for me, I celebrate seven 6 generations of my own family. And I have been 7 trying to trace the history of my family. It 8 began for me, the knowledge that I have of it, 9 when the members that I can identify, my 10 great-great-grandparents, were born during 11 slavery and my great-grandparents were 12 essentially born just before slavery ended or 13 immediately thereafter. 14 So it's significant, especially for 15 me and I think probably for many, many people 16 on both sides of the aisle and in many 17 generations before and after, because this 18 part of American history has very much to do 19 with shaping America. 20 The Civil War was fought around the 21 issue of slavery, and much of our political 22 movement from that point forward, up until 23 now, had to do with the issue of what do we do 24 to equal -- to make America live up to the 25 original dream of the people who wrote the

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(518) 371-8910 1 first Constitution. And that is, we should 2 have equal opportunity for all people. 3 I appreciate the fact that we have 4 a history to look back on. So many people 5 have significant contributions to our country, 6 many of them scientists and people who have 7 discovered very important aspects of 8 technology. 9 I think about Elijah McCoy, who was 10 an engineer and an inventor and invented 11 aspects of the lubrication of the steam 12 engine, which makes it possible for our trains 13 to work efficiently even until today. 14 From people who have been involved 15 in politics, like Shirley Chisholm, our own 16 hero of our own state, Shirley Chisholm, who 17 was the first African American woman brave 18 enough to run for president; Jackie Robinson 19 and Wilma Rudolph; a number of people who have 20 been involved in sports, in politics, in every 21 aspect of American history and development. 22 Not to mention the fact that 23 African Americans have played a very 24 significant role in military service across 25 the board and have shown absolutely unwavering

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(518) 371-8910 1 patriotism and loyalty to the American ideals. 2 Even when they went away to fight and came 3 back to face the harsh reality of unequal 4 treatment in America, they still have 5 maintained and remain extremely loyal to 6 America. 7 In every aspect of our lives -- 8 politically, economically, social -- we have 9 been able to advance despite the fact that we, 10 as African Americans, came to America as 11 servants and served for hundreds of years 12 without any pay and without being treated even 13 as humans. 14 This is also, however, a time to 15 reflect on the fact that there have been a 16 number of people, especially white 17 Americans -- European Americans, I should 18 say -- who have been part and parcel of a 19 struggle for freedom in every aspect, from the 20 idea of the slave revolts right on up until 21 today, when we still have a number of people 22 who are totally committed, even though they 23 are not African American, they remain totally 24 committed to the concept and the idea that 25 America should offer an equal opportunity to

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(518) 371-8910 1 all people. 2 So I'm grateful for a moment. I 3 thank you for reading the resolution for us. 4 And I thank all of my colleagues for signing 5 on to cosponsor, most of them not African 6 American Americans. 7 And I would certainly say that any 8 of my colleagues who would like to be on -- 9 just symbolically, it's very meaningful -- I 10 would invite you to join me in this small 11 celebration of the slice of America that is 12 reflected in the African American community 13 and contribution. 14 Thank you, Mr. President. 15 ACTING PRESIDENT SEWARD: Senator 16 Marchi. 17 SENATOR MARCHI: I just want to 18 congratulate the Senator for introducing this 19 resolution. What it tells the whole world, 20 it's a vehicle for a proclamation that we in 21 this country are all members of the same 22 family. And we're very proud of the fact that 23 the members of this family come from the 24 continents throughout the globe. 25 This is a message of civility.

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(518) 371-8910 1 This is a message of love. This is a message 2 of the unity of the human family. And I'm 3 very grateful, Senator, that you introduced 4 this. And I believe that as many of us that 5 can support this join in the hope that it 6 augments the message that you are sending. 7 And I don't care whether they're in 8 Australia or in South America or in Asia. 9 Wherever they are, they should know that we 10 have a very deep and respecting love and 11 affection for the members of our community, as 12 they come from the entire world. 13 So I think you've performed a very 14 distinctive, highly American method and 15 vehicle for us to join and tell the world just 16 how we feel. 17 ACTING PRESIDENT SEWARD: Any 18 other Senators wish to be heard on this 19 resolution? 20 The question is on the resolution. 21 All in favor signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT SEWARD: 24 Opposed, nay. 25 (No response.)

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(518) 371-8910 1 ACTING PRESIDENT SEWARD: The 2 resolution is adopted. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 if any member wishes not to sponsor it, they 6 should notify the desk. 7 At this time there's a privileged 8 resolution, 364, by Senator Volker. I ask 9 that it be read in its entirety and move for 10 its immediate adoption. 11 ACTING PRESIDENT SEWARD: The 12 Secretary will read. 13 THE SECRETARY: By Senator 14 Volker, Legislative Resolution Number 364, 15 commending Marine Corporal Mark P. O'Brien, 16 who was severely wounded while giving our 17 nation heroic military service during 18 Operation Iraqi Freedom. 19 "WHEREAS, The courage and bravery 20 of our military personnel since the United 21 States Armed Forces commenced Operation Iraqi 22 Freedom will ensure our continued role as a 23 nation which embodies the ideals of democracy, 24 and as a defender of liberty for people 25 throughout the world; and

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(518) 371-8910 1 "WHEREAS, Members of the Armed 2 Services from the State of New York who have 3 served so valiantly and honorably during 4 Operation Iraqi Freedom deserve a special 5 salute from this Assembled Body; and 6 "WHEREAS, This Assembled Body is 7 justly proud to commend Marine Corporal Mark 8 P. O'Brien, who was severely wounded while 9 giving our nation heroic military service 10 during Operation Iraqi Freedom; and 11 "WHEREAS, Corporal Mark P. O'Brien, 12 a former lacrosse star at Iroquois Central 13 High School, was in his first semester 14 studying criminal justice at Erie Community 15 College when his best friend graduated from 16 Marine boot camp in 2001. And that, coupled 17 with the 9/11 tragedy, prompted him to join 18 the United States Marine Corps; and 19 "WHEREAS, He is glad to have made 20 this decision and is proud to have fought for 21 Iraq's freedom. Above all else, he cherishes 22 the friendships he made and has no regrets; 23 and 24 "WHEREAS, Sunday, November 7, 2004, 25 was a sunny, humid day in Ramadi, a provincial

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(518) 371-8910 1 capital in the insurgent-infested Sunni 2 Triangle. Corporal Mark P. O'Brien and the 3 other men of Golf Company, Second Battalion, 4 Fifth Marine Regiment, could feel the danger 5 all around them; and 6 "WHEREAS, This tour of duty seemed 7 so different than their first tour of duty in 8 Iraq in the spring of 2003, when Corporal 9 O'Brien's unit swept up the Euphrates Valley 10 toward Baghdad, encountering little 11 resistance; and 12 "WHEREAS, As Corporal O'Brien and 13 his comrades worked to clear a major supply 14 route in Ramadi, they drove headlong into an 15 ambush. He was in the lead car of a convoy of 16 about 18 vehicles, sitting in back on the 17 passenger side, when a roadside bomb went off; 18 and 19 "WHEREAS, When the smoke cleared, 20 Corporal O'Brien could see that the side road 21 they were driving down, code-named 'Ice 22 Cream,' was lined with explosives. His 23 vehicle was not damaged, but the second one in 24 the convoy was hit, and that brought the 25 convoy to a complete halt; and

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(518) 371-8910 1 "WHEREAS, He was assigned to check 2 out a nearby alleyway. And, as he peered 3 through his rifle scope, he saw the enemy 4 taking aim at him with a rocket-propelled 5 grenade. Corporal O'Brien pulled the trigger, 6 felt himself blasted back into the Humvee, and 7 his world went white; and 8 "WHEREAS, Medic McDonnell, 9 nicknamed 'Doc,' did more than comfort his 10 friend, he saved Corporal O'Brien's life; and 11 "WHEREAS, Corporal O'Brien's 12 spirit, character and strength, which will 13 most certainly propel him back into the 14 mainstream of life with the help of his 15 family, especially his parents, Erie County 16 Sheriff's Deputy David M. O'Brien and his 17 wife, Gale; and 18 "WHEREAS, Corporal O'Brien chose 19 Gunnery Sergeant William Bodette, Jr., his 20 boot camp drill sergeant, to present Corporal 21 O'Brien his Purple Heart because he feels a 22 strong bond with the man who made him a 23 Marine; and 24 "WHEREAS, The banner of freedom 25 will forever wave over our beloved New York

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(518) 371-8910 1 State and all of America, the Land of the Free 2 and the Home of the Brave, because of the 3 devotion to duty and sacrifices made by young 4 Americans like Corporal O'Brien, bravely 5 serving our nation; and 6 "WHEREAS, Residents of this great 7 State must never forget the courage with which 8 these men and women served their country, and 9 must recognize that no greater debt is owed 10 than that owed to those who have died or 11 suffered grievous wounds for their beloved 12 nation, and to those who continue to be 13 missing in action; and 14 "WHEREAS, The freedoms and security 15 we cherish as Americans come at a very high 16 price for those serving in the military in 17 times of conflict. It is fitting and proper 18 that we who are the beneficiaries of the 19 courage of those who risked their lives, 20 leaving their families behind, express our 21 appreciation and eternal gratitude for their 22 sacrifices and courageous acts; now, 23 therefore, be it 24 "RESOLVED, That this Legislative 25 Body pause in its deliberations to commend

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(518) 371-8910 1 Marine Corporal Mark P. O'Brien, who was 2 severely wounded while giving our nation 3 heroic military service during Operation Iraqi 4 Freedom; and be it further 5 "RESOLVED, That a copy of this 6 resolution, suitably engrossed, be transmitted 7 to Corporal Mark P. O'Brien." 8 ACTING PRESIDENT SEWARD: Senator 9 Volker. 10 SENATOR VOLKER: Mr. President, 11 very briefly. 12 I really did not know Corporal 13 O'Brien. I know his family quite well. His 14 father is a sheriff's deputy. Although in 15 keeping, I guess, with my advancing age, his 16 grandmother, Leona O'Brien, I've known for 17 many, many years, who was the Democratic 18 leader of the town of Marilla. An excellent, 19 wonderful person, even though we were 20 politically on different sides. 21 This young gentleman, by the way, 22 has already spoken out. And like me, he 23 believes the Iraqi freedom fight is really a 24 fight that is keeping away from the terrorists 25 from this country and they're all concentrated

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(518) 371-8910 1 over there, trying to prove what happens when 2 America goes into places for freedom. 3 I think that the men and women of 4 this country have never shown any more courage 5 than they've shown in Iraq. And Mark is, as 6 far as we're concerned in Western New York -- 7 and we've lost a number of people -- is very 8 representative of those people. 9 And we can say all we want about 10 9/11, but I want to warn everyone that many 11 expected -- and Senator Balboni is to my left 12 here, and we talked about that. We are very, 13 very surprised there has not been another 14 attack. 15 Personally, I am convinced if we 16 were not in Iraq we would have been hit 17 already. Because we're fighting a battle for 18 freedom there whether we like it or not. And 19 the United States of America is a country 20 that's never going to be loved. And I think 21 it was Teddy Roosevelt that said it: they'll 22 always respect us, but they'll never love us. 23 But gentlemen like Mark O'Brien are 24 the kind of people who make this country 25 great.

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(518) 371-8910 1 And I would just like to say that 2 obviously everybody is welcome to be on the 3 resolution, with the usual understanding that 4 if you don't wish to be on it, you can say no. 5 ACTING PRESIDENT SEWARD: The 6 question is on the resolution. All in favor 7 signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT SEWARD: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT SEWARD: The 13 resolution is adopted. 14 Senator Morahan. 15 SENATOR MORAHAN: Anyone not 16 wishing to be on the resolution please notify 17 the desk. 18 And I would assume that's the same 19 with Senator Montgomery's resolution as well. 20 ACTING PRESIDENT SEWARD: In all 21 cases, the resolutions will be open for 22 cosponsorship. If you do not wish to be a 23 cosponsor, please notify the desk. 24 Senator Morahan. 25 SENATOR MORAHAN: Could we return

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(518) 371-8910 1 now, Mr. President, to reports of standing 2 committees. I believe there's a report from 3 the Insurance Committee at the desk. 4 ACTING PRESIDENT SEWARD: The 5 Secretary will read the reports of standing 6 committees. 7 THE SECRETARY: Senator Seward, 8 from the Committee on Insurance, reports the 9 following bill direct to third reading: 10 Senate Print 1815, by the Senate 11 Committee on Rules, an act to amend the 12 Insurance Law. 13 ACTING PRESIDENT SEWARD: So 14 ordered to third reading. 15 Senator Morahan. 16 SENATOR MORAHAN: Yes, Mr. 17 President. Is there any housekeeping at the 18 desk? 19 REVEREND YOUNG: There is no 20 housekeeping. 21 SENATOR MORAHAN: Since there is 22 no housekeeping at the desk, then I would move 23 that the Senate stand adjourned until Tuesday, 24 February 8th, at 3:00 p.m. 25 ACTING PRESIDENT SEWARD: On

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(518) 371-8910 1 motion, the Senate stands adjourned until 2 Tuesday, February 8th, at 3:00 p.m. 3 (Whereupon, at 3:55 p.m., the 4 Senate adjourned.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910