Wednesday, April 5, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 5, 2006 11 11:12 a.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: With us this 10 morning to give the invocation is Rabbi Carlos 11 C. Huerta, chaplain, the United States Corps 12 of Cadets at West Point. 13 RABBI HUERTA: Let us pray. 14 Father, we come today to these 15 hallowed halls to honor the United States 16 Military Academy at West Point. 17 But let us not make a mistake; we 18 come not to honor that cement and granite 19 overlooking the Hudson, because ultimately 20 cement and granite is only cement and granite. 21 We come to honor the Academy, we truly come to 22 honor the lives of those men and women who 23 walk through those halls of cement and 24 granite, that made them hallowed. 25 When we come to honor the Academy,

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(518) 371-8910 1 we come to honor those brave men and women, 2 American sons and daughters, who still to this 3 day continue to walk those hallowed halls. We 4 honor them not because they belong to an 5 exclusive class or club. If they have 6 privilege, it's the privilege earned by 7 self-sacrifice and service. If they have 8 privilege, it's the privilege earned by honor 9 and personal courage. If they have privilege, 10 it is the privilege they earn by putting 11 themselves in harm's way to meet our nation's 12 enemies on foreign battlefields and, if You so 13 will it, lay down their lives for our nation 14 and our freedom. 15 They willingly do it so we can be 16 free, free to live our lives from terror, free 17 so that men and women can come together in 18 places like this to enable laws and enact 19 legislation that reflect Your justice, love 20 and mercy. 21 On this very day 38 years ago, our 22 nation was deep mourning. We mourned because 23 the king of dreams was killed. We mourned 24 because we had not yet realized his dream of 25 freedom.

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(518) 371-8910 1 So today, let us reach out to each 2 other as a nation -- one people, one heart -- 3 and work towards that dream of freedom. As 4 Dr. King said, let freedom ring from every 5 mountainside. From the mighty mountains of 6 New York to our borders with Mexico, let 7 freedom and justice ring. From the Stone 8 Ridge Mountain of Georgia to the Basin Street 9 in New Orleans, let freedom ring. 10 But not only there. Let it ring 11 from the streets of Baghdad and Mosul to the 12 streets of Kandahar and Kabul. Let freedom 13 ring from every village and hamlet, from every 14 city, state and country. 15 Then we will be able to speed up 16 that day when all of God's children -- black, 17 white, red, brown -- when every Jew, 18 Christian, Muslim, Hindu, Buddhist, when men, 19 women and children of all faiths and 20 backgrounds will be able to hold hands and 21 sing, in the words of the old Negro spiritual: 22 Free at last, free at last, thank God 23 Almighty, we're free at last. 24 THE PRESIDENT: Please be seated. 25 Reading of the Journal.

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(518) 371-8910 1 THE SECRETARY: In Senate, 2 Tuesday, April 4, the Senate met pursuant to 3 adjournment. The Journal of Monday, April 3, 4 was read and approved. On motion, Senate 5 adjourned. 6 THE PRESIDENT: Without 7 objection, the Journal stands approved as 8 read. 9 Presentation of petitions. 10 Messages from the Assembly. 11 Messages from the Governor. 12 Reports of standing committees. 13 Reports of select committees. 14 Communications and reports from 15 state officers. 16 Motions and resolutions. 17 Senator Bruno. 18 SENATOR BRUNO: Madam President, 19 there is a resolution at the desk by Senator 20 Breslin. I would ask that it be read in its 21 entirety and move for its immediate adoption. 22 THE PRESIDENT: The Secretary 23 will read. 24 THE SECRETARY: By Senators 25 Breslin, Bruno, Larkin and all members of the

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(518) 371-8910 1 Senate, Legislative Resolution Number 4430, 2 mourning the untimely death of Captain Timothy 3 Moshier of Bethlehem, New York, and paying 4 tribute to his courageous actions as a member 5 of the United States Army. 6 "WHEREAS, The courage and bravery 7 of our military personnel since the United 8 States Armed Forces commenced Operation Iraqi 9 Freedom will ensure our continued role as a 10 nation which embodies the ideals of democracy, 11 and as a defender of liberty for people 12 throughout the world; and 13 "WHEREAS, Members of the armed 14 services of the State of New York, who have 15 served so valiantly and honorably during 16 Operation Iraqi Freedom, deserve a special 17 salute from this Legislative Body; and 18 "WHEREAS, It is with feelings of 19 deepest regret that this Legislative Body 20 mourns the untimely death of Captain Timothy 21 Moshier of Bethlehem, New York, and pays 22 tribute to his courageous actions as a member 23 of the United States Army; and 24 "WHEREAS, Timothy Moshier, a 1998 25 Bethlehem High School graduate, died Saturday,

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(518) 371-8910 1 April 1, 2006, at the age of 25, defending his 2 country; and 3 "WHEREAS, After graduating from 4 high school, Timothy Moshier was admitted to 5 the United States Academy at West Point; and 6 "WHEREAS, Friends and family fondly 7 remember Timothy Moshier, who, as he was 8 growing up, was always a big kid, and even at 9 6 foot 2 inches, was also very kind and 10 extremely gentle, traits he carried into 11 adulthood; and 12 "WHEREAS, Timothy Moshier rose to 13 the esteemed rank of captain, piloting some of 14 the most complicated and temperamental 15 machines in the military. As his 16 responsibilities grew, his commitment to serve 17 his country deepened and deepened; and 18 "WHEREAS, Captain Timothy Moshier 19 is survived by his beloved wife, Katherine, 20 his precious 10-month-old daughter, Natalie, 21 his parents, James and Mary Ellen Moshier, and 22 his sister, Lauren; and 23 "WHEREAS, The banner of freedom 24 will always wave over our beloved New York and 25 all of America, the land of the free and the

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(518) 371-8910 1 home of the brave; and 2 "WHEREAS, Residents of this great 3 state must never forget the courage with which 4 these men and women served their country, and 5 must recognize that no greater debt is owed 6 than that owed to those who gave their lives 7 for their beloved nation and to those who 8 continue to be missing in action; and 9 "WHEREAS, The freedoms and security 10 we cherish as Americans come at a very high 11 price for those serving in the military in 12 times of conflict. It is fitting and proper 13 that we who are the beneficiaries of those who 14 risk their lives, leaving their families 15 behind, express our appreciation and eternal 16 gratitude for their sacrifices and courageous 17 acts; now, therefore, be it 18 "RESOLVED, That this Legislative 19 Body pause in its deliberations to mourn the 20 untimely death of Captain Timothy Moshier of 21 Bethlehem, New York, and to pay tribute to his 22 courageous actions as a member of the United 23 States Army; and be it further 24 "RESOLVED, That copies of this 25 resolution, suitably engrossed, be transmitted

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(518) 371-8910 1 to the family of Captain Timothy Moshier." 2 THE PRESIDENT: Senator Breslin. 3 SENATOR BRESLIN: Thank you, 4 Madam President. 5 On this day of celebration, West 6 Point Day, it's also a deep day of mourning, 7 as we have lost one of the most courageous 8 young men among us. It shows all of us that 9 freedom truly is not free. 10 And as we mourn Tim, we should 11 think of us as a country and what it means and 12 what he represented for us. And our thoughts, 13 prayers and condolences go out to the entire 14 family: Mary Ellen, James, and Lauren in our 15 gallery. 16 Thank you, Madam President. 17 THE PRESIDENT: Senator Bruno. 18 SENATOR BRUNO: Thank you, Madam 19 President. 20 And I would just like to add my 21 condolences to Mr. and Mrs. Moshier, to 22 Lauren, Katherine, the captain's wife, and 23 express our gratitude to you as parents, part 24 of the family, for having participated in the 25 life of an individual who went through what a

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(518) 371-8910 1 lot of these young people up here are 2 presently going through, but truly 3 distinguished himself, which is a credit to 4 himself, to your family, to this entire 5 community, this state and this country. 6 And he is a hero, and he will be 7 remembered for the good works that he did. 8 And again, we can only express as well as we 9 can express how badly we feel at such a loss. 10 And words don't say it and can't cover it. 11 But if there's any gratification, it's that 12 this young men committed himself, dedicated 13 himself, so that millions of people throughout 14 the world can live a free life. 15 Thank you, Madam President. 16 THE PRESIDENT: So on behalf of 17 the Governor and the people of this state, I 18 want to extend our deep, deepest sympathy for 19 you on the loss of your son and your brother. 20 He will always be remembered and revered as a 21 hero who made the ultimate sacrifice in 22 outstanding service to his country. 23 All in favor of the resolution 24 please signify by saying aye. 25 (Response of "Aye.")

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(518) 371-8910 1 THE PRESIDENT: Opposed, nay. 2 (No response.) 3 THE PRESIDENT: The resolution is 4 adopted. 5 Again, our deep sympathy to you and 6 your family. 7 Senator Bruno. 8 SENATOR BRUNO: Madam President, 9 I believe there is another resolution, by 10 Senator Larkin, at the desk. I would ask that 11 that resolution be read in its entirety and 12 move for its immediate adoption. 13 THE PRESIDENT: The Secretary 14 will read. 15 THE SECRETARY: By Senator 16 Larkin, Legislative Resolution Number 4424, 17 memorializing Governor George E. Pataki to 18 proclaim April 5, 2006, as West Point Day in 19 the State of New York. 20 "WHEREAS, This Legislative Body is 21 justly proud to celebrate the establishment of 22 the United States Military Academy at 23 West Point and to call upon Governor George E. 24 Pataki to proclaim April 5, 2006, as 25 West Point Day in the State of New York; and

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(518) 371-8910 1 "WHEREAS, By an act of Congress, on 2 March 16, 1802, the United States Military 3 Academy was established within the borders of 4 the State of New York, on the banks of the 5 Hudson River; and 6 "WHEREAS, The Academy and its 7 graduates are an integral part of the proud 8 history of this state and nation; and 9 "WHEREAS, The leadership and 10 sacrifices of the members of the Long Gray 11 Line have helped this country withstand 12 countless threats to our cherished democratic 13 way of life; and 14 "WHEREAS, The alumni have excelled, 15 not only on the battlefield but in many fields 16 of endeavor; and 17 "WHEREAS, The Academy continues to 18 provide our country with able and dedicated 19 future leaders; and 20 "WHEREAS, Its scenic campus is a 21 mecca each year for thousands of visitors from 22 across our state, continent, and other 23 countries; and 24 "WHEREAS, The United States 25 Military Academy is in the forefront of our

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(518) 371-8910 1 state's outstanding institutions of higher 2 learning; and 3 "WHEREAS, 54 years ago, the late 4 James T. McNamara, then a member of the 5 New York State Assembly and a member of the 6 Academy's class of 1939, was the author of the 7 State Legislature's first West Point Day 8 resolution; and 9 "WHEREAS, For decades, our nation 10 has enjoyed the legacy of freedom and the 11 United States Military Academy at West Point 12 has played a vitally significant role in the 13 maintenance of peace and freedom; and 14 "WHEREAS, The members of this 15 Legislative Body are proud to commemorate this 16 event, marking April 5, 2006, as West Point 17 Day in the State of New York; now, therefore, 18 be it 19 "RESOLVED, That this Legislative 20 Body pause in its deliberations to celebrate 21 the establishment of the United States 22 Military Academy at West Point and to 23 memorialize Governor George E. Pataki to 24 proclaim April 5, 2006, as West Point Day in 25 the State of New York; and be it further

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(518) 371-8910 1 "RESOLVED, That a copy of this 2 resolution, suitably engrossed, be transmitted 3 to The Honorable George E. Pataki, Governor of 4 the State of New York." 5 THE PRESIDENT: Senator Bruno. 6 SENATOR BRUNO: Thank you, Madam 7 President and colleagues, cadets. 8 It really is an honor and a 9 privilege for all of us here. This is a very 10 special day, the Governor proclaims April 5th 11 as West Point Day. It means more and more, it 12 seems, every year; many of us have been here 13 before. 14 But our Lieutenant General Lennox, 15 who has been at West Point as a graduate in 16 '71, and for the past five years has led that 17 greatest of all institutions here in the 18 United States. 19 So we welcome you here with honor 20 and with the respect that all of you 21 individually and collectively deserve. 22 And to General Lennox, who is going 23 to move into another passage of his life -- 24 after, I believe, this year, June of this 25 year. So we will miss you. But you have

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(518) 371-8910 1 brought recognition, additional recognition 2 and honor by the role model that you represent 3 to these cadets and to people throughout this 4 state and throughout the country. 5 Because when you are top man at 6 West Point, that is a distinction that not too 7 many people get. Having graduated with a 8 doctorate from Princeton in literature, you 9 truly are a role model for everybody. I'm 10 sure the cadets recognize that, as we do here. 11 So thank you for your service and 12 for all the good things that you bring to the 13 Academy and to us. 14 And to the cadets who are here, led 15 by First Captain Stephanie Hightower, from Rio 16 Rancho, New Mexico -- is that correct? Maybe 17 you might want to stand up for a second. 18 She's the first captain leading 19 this. 20 (Applause.) 21 SENATOR BRUNO: And, Captain, let 22 me tell you that while every single individual 23 there is someone that all of us can respect 24 and honor and admire just for being there, but 25 you -- I've got to tell you, when I was

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(518) 371-8910 1 visiting with you earlier, I couldn't 2 believe -- I don't know if Stephanie weighs a 3 hundred pounds. And she has to captain a 4 troop like this. That takes some special 5 doing. And we're going to hear a little more 6 about Stephanie as we move along. 7 I am also honored with T.J. McHugh, 8 who is here as a representative from Ballston 9 Spa -- T.J., congratulations to you -- in my 10 district. And again, I'm about as proud of 11 you as I can be. And you're going to be 12 accompanied by Arthur Murphy, who is here, who 13 is now a senior at La Salle, I believe, and 14 will be joining West Point next year, thank 15 you. 16 And it really is an honor when 17 someone that you're close to is able to 18 accomplish what you accomplish. We just heard 19 Captain Moshier's history, a short life, 20 coming through the ranks. We're all very 21 conscious -- this year more than any other, 22 maybe -- of really the courage, bravery, 23 strength that you have to get where you are, 24 to reach that kind of distinction. 25 But where you're going through

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(518) 371-8910 1 life, you will always, through your life, be a 2 graduate of West Point. That sets you apart 3 from everybody and anyone else. 4 When you look back to the early 5 1800s -- 1802, I believe the general was 6 indicating, West Point went up. And we talk 7 about the granite and you talk about the rocks 8 and you talk about the mighty river running in 9 front of West Point. And as the rabbi so 10 aptly said, it's the people that make it. You 11 are the granite. You are the fortitude. You 12 are the strength of that institution. 13 And as you go on through life, we 14 all will respect and admire, all of us, 15 everyone whose life you touched and touch as 16 you move along. So we thank you for your 17 courage, thank you for your strength. Thank 18 you for doing what others can't do for 19 themselves, being out there in the front 20 lines, prepared to do whatever it takes in the 21 front lines, if that's where you end up, 22 protecting people and maintaining the freedom 23 that this country was built on. 24 So thank you. 25 THE PRESIDENT: Senator Larkin.

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(518) 371-8910 1 SENATOR LARKIN: Thank you, Madam 2 President. 3 Thank you very much, Senator Bruno, 4 for your outstanding evaluation of the Corps 5 of Cadets and what they mean to our country. 6 And thank you, Senator Breslin, for 7 your presentation of a resolution supported by 8 everyone of us in honor of a true 9 West Pointer, a proud New Yorker, and a name 10 we'll never forget. 11 You know, I've had the privilege 12 for 28 years to sponsor a resolution for 13 West Point. As I said earlier today to some 14 of the cadets, I was very fortunate. The day 15 I retired, the Army was in good hands, because 16 General Lennox reported to West Point. I felt 17 that I was well taken care of, and so was the 18 Army, because he was also a New Yorker. 19 But you know, when you talk about 20 the cadets, you talk about those of us who 21 took the easy way out and went to OCS. I just 22 said to the cadets this morning, in all my 23 time on active duty I only met one member of 24 the Long Gray Line that I had a little bit of 25 question about him. He was a great leader,

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(518) 371-8910 1 but when he started taking white glove 2 inspections after being out in the field for 3 three weeks, his wife told him: Get a new 4 job. 5 But you know, today you're led by 6 General Lennox. Look at his career, 7 distinguished from the day he graduated from 8 West Point and he went to the state of 9 Colorado. 10 But you know, when you start to 11 look at the Long Gray Line and you look at the 12 State of New York, we're kind of proud here, 13 especially from our own folks that are here. 14 We've even got -- Senator Bruno's got cadets 15 at the La Salle Institute, one at West Point. 16 The Murphy boys will be going. 17 And we have some others, you know. 18 I'd like to make sure that everybody 19 understands who they're here -- T.J.'s mom and 20 dad are here, they're sitting up in the top 21 here, one state trooper and one former state 22 trooper. 23 We have Colonel Raczkowski, the 24 assistant principal at La Salle, Susan Testo, 25 the better half of Tom Testo, from La Salle.

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(518) 371-8910 1 We have the Murphys, mom and dad are here, 2 joining with us. And we have a member of our 3 staff here who's there with their young son. 4 So that tells you that people from 5 this area thrive to look at West Point for 6 what it means. It's a model. You are the 7 exemplary model. You can talk about anything 8 you want -- the media talks about the bad war, 9 this war, but they don't talk about the 10 outstanding contributions that your colleagues 11 have done, the hospitals they built, the 12 schools they built, the children that they've 13 nursed back together again. 14 West Point is more than just a 15 university on a hill. It's more than people 16 with the Long Gray Line or our dedicated 17 parades and our soon-to-be-recognized-again 18 national football under Ross. We'll make it. 19 But you know, I noticed the 20 engineering, the castles this morning. And 21 all of the castles have to be proud, because 22 the father of West Point, Sylvanus Thayer, was 23 an engineer officer. 24 And as you look about it, just 25 think about what West Point has produced. Two

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(518) 371-8910 1 United States presidents. We've only had five 2 five-star generals; four of them came from 3 West Point. The architect and builder of the 4 Panama Canal. The first American to walk in 5 space. Eighty Congressional Medal of Honor 6 winners. Eighty-two Rhodes Scholars. Three 7 Heisman Trophy winners, as well as we know the 8 number of leaders in government. 9 This is home. This is something 10 special. When you think of some of the people 11 that went there -- Grant, MacArthur, 12 Schwarzkopf, Eisenhower, Patton, names that 13 are in history books -- the history that 14 you're learning today was written by them. 15 Ten years from now, cadets at West Point will 16 be remembering you, because you'll probably be 17 back teaching there, you'll be teaching them 18 what you learned from your former professors 19 and what you've learned on active duty. 20 You know, it's really special when 21 you look at General Lennox, his career. 22 Distinguished. And we take in America and 23 bring somebody to West Point and say to them: 24 For the next five years, you're going to be 25 the father, the spiritual leader, you're going

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(518) 371-8910 1 to be everything else. 2 But there's a person missing here 3 today, Madam President: Mrs. Anne Lennox. 4 General Lennox came to West Point in 2001, 5 just before 9/11. June; correct? It was a 6 trying day at West Point. On that Saturday we 7 had the blackout, a ceremony honoring -- 8 because there were a number of cadets whose 9 families were killed and wounded as the plane 10 hit the Pentagon. And a lot of those young 11 cadets were worried about their families. So 12 Mrs. Lennox became a mother, as she has all 13 these five years, to all of them, being 14 responsible to them in their times of need. 15 So, General Lennox, she may be 16 missing in a body picture, but she's here and 17 we will never forget the contribution she made 18 to the cadets at West Point and to New York 19 State as a whole. 20 Now, I think it's appropriate that 21 we would introduce our cadets. These are the 22 future leaders. We have eight members of the 23 Class of '06. I asked one how many days, and 24 they said: "How about if I tell you how many 25 minutes?"

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(518) 371-8910 1 (Laughter.) 2 SENATOR LARKIN: This isn't a 3 normal graduation. Everyone in this class 4 that's graduating know what the future looks 5 to them. But they made it, a grueling four 6 years. No two months off in the summer, a 7 month here and a month there. They put up 8 with it through thick and thin. And they are 9 class. They are America's finest, and I 10 salute you. 11 I'd like to have them stand up as 12 we introduce -- we've already had a talk about 13 it. 14 First Captain, from the great state 15 of New Mexico, Stephanie Hightower. 16 FIRST CADET CAPTAIN HIGHTOWER: 17 Senator Larkin also asked that the members of 18 the Class of 2006 that are graduating this 19 year state the branch that you will be 20 entering as well as the post you'll be going 21 to upon graduation. 22 I'm entering the Army Medical 23 Corps, and I'm going to medical school at Duke 24 University Medical Center. 25 (Applause.)

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(518) 371-8910 1 SENATOR LARKIN: Cadet 2 Christopher Beeler. 3 Cadet Matthew Boise. 4 Cadet John Burns. 5 CADET BURNS: Ladies and 6 gentlemen, I'll be commissioned in the armor 7 branch, and I'm going to Fort Benning, 8 Georgia. 9 SENATOR LARKIN: Fort Benning, 10 Joe. Queen of battle. 11 Cadet Dainis Butners, from Valatie. 12 Cadet Louis Cascino, from my home. 13 CADET CASCINO: Ladies and 14 gentlemen, my name is Lou Cascino. I'll be 15 commissioned in the armor branch, and I'm 16 going to Schofield Barracks, Hawaii. 17 SENATOR LARKIN: Hawaii, how 18 about that. 19 Cadet Tony Ciaffone. 20 Cadet William Denn. 21 CADET DENN: Good morning, ladies 22 and gentlemen. I'm also going to be 23 commissioned as an armor officer, and I'll be 24 stationed at Fort Carson, Colorado. 25 SENATOR LARKIN: Cadet Daniel

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(518) 371-8910 1 Denn. 2 Cadet Patrick Dowdell. 3 CADET DOWDELL: Ladies and 4 gentlemen, I'll be entering the field 5 artillery branch, stationed at Fort Hood, 6 Texas. 7 SENATOR LARKIN: Cadet George 8 Hermogeno, from West Point. 9 CADET HERMOGENO: Ladies and 10 gentlemen, I'll be entering the air defense 11 command, and I'll be stationed in Hanau, 12 Germany. 13 SENATOR LARKIN: Cadet Kristina 14 Jantzen. 15 CADET JANTZEN: Ladies and 16 gentlemen, I'll be entering the corps of 17 engineers, and I'll be stationed at Fort 18 Campbell, Kentucky. 19 SENATOR LARKIN: Cadet T. Jason 20 McHugh. 21 Cadet Tommy Ryder. 22 CADET RYDER: Ladies and 23 gentlemen, I'll be entering the engineer 24 branch and going to Fort Campbell, Kentucky. 25 SENATOR LARKIN: Cadet Joshua

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(518) 371-8910 1 Thomas. 2 Ladies and gentlemen, this is our 3 future leaders. 4 (Standing ovation.) 5 SENATOR LARKIN: When you look at 6 and hear the news of what's going and you 7 think for four years they've been preparing, 8 the Class of 2006 -- they will leave here at 9 the end of May and spread out across the 10 world. Some of them we'll read about in the 11 years to come. 12 Cadet Hightower, we look for great 13 things from you in the medical corps. The 14 engineers, we look for you to make the new 15 designs on bridges, that we won't only be 16 using the tanks as suppressors, but we'll be 17 using the power that we know how to build some 18 of these. Air defense, we'll watch for you 19 and what you're going to do to ballistic 20 missile systems. But most importantly, the 21 infantry, the queen of battle. We'll never 22 forget you. You're the leaders. 23 You know, I just think it's a great 24 day. I'm very proud to represent West Point. 25 And they all know it here. Some of them give

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(518) 371-8910 1 me the needle, "the colonel." But on payday, 2 they all want to borrow the money I get from 3 that 23-year check. 4 (Laughter.) 5 SENATOR LARKIN: But nobody can 6 express it any better than the Majority Leader 7 did. Some of you don't know, he served in the 8 35th Infantry Regiment when we had regiments. 9 He served in the 25th Infantry Division. 10 They're called the Graybeards. I was younger 11 than him; I served with the 27th, the 12 Wolfhounds, the 25th Infantry Division. But 13 as the young man going to Hawaii, Mr. Cascino, 14 Senator Bruno and I went the hard way. We 15 went to Korea. 16 But in this house, what an honor it 17 is to have somebody, when we have people like 18 you here, that he knows what his leaders were 19 that came from West Point. And the respect he 20 shows you today is the respect he's always 21 showed to the military. 22 On behalf of all of my colleagues, 23 I thank you from the bottom of my heart. 24 THE PRESIDENT: Senator 25 DeFrancisco.

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(518) 371-8910 1 SENATOR DeFRANCISCO: Just about 2 everything's been said, but I think one thing 3 ought to be said as well that hasn't been yet. 4 I want to thank all of you for this reason. 5 Every day of week, we look at the 6 media on TV or read the newspaper -- and even 7 today, a high-ranking government official is 8 arrested for a very heinous act. Business 9 leaders stealing money from stockholders for 10 their own personal gain. Sports heroes 11 cheating, as far as the rules are concerned, 12 to enhance their statistics. 13 And I keep thinking, where does it 14 stop? Who do we look to? Who do we look to 15 to show integrity and honor and people that do 16 the right thing because it's the right thing? 17 And I want to thank you for being 18 here, because I got my answer today. 19 You are the people that are doing 20 the right thing. Duty, honor, and country. 21 Ethical behavior, integrity, doing what's 22 right. And you're a role model for everyone 23 here, not only in this room but everyone 24 throughout this country. You, like Captain 25 Moshier, are people that don't think about

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(518) 371-8910 1 themselves first: Not myself first, but what 2 is the right thing to do for our society. 3 So thank you for being here, for 4 giving me the answer that I've been looking 5 for over many, many months of horrible news 6 and horrible indications of what human nature 7 is becoming. 8 Congratulations on your success at 9 West Point, and congratulations in advance for 10 your incredible accomplishments that we all 11 know are going to occur in the future. 12 Thank you. 13 THE PRESIDENT: The question now 14 is on the resolution. All in favor please 15 signify by saying aye. 16 (Response of "Aye.") 17 THE PRESIDENT: Opposed, nay. 18 (No response.) 19 THE PRESIDENT: The resolution is 20 adopted. 21 Senator Bruno. 22 SENATOR BRUNO: Madam President, 23 I would like, with unanimous consent from the 24 Senate, to ask General Lennox if he will 25 address the Senate at this time.

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(518) 371-8910 1 THE PRESIDENT: General Lennox, I 2 present you to the New York State Senate. 3 (Applause.) 4 GENERAL LENNOX: Thank you very 5 much, Majority Leader Bruno, Minority Leader 6 Paterson, Senator Larkin, and members of this 7 distinguished body. 8 It is an honor for all of us to be 9 here. But I accept the honor, not on behalf 10 of just a small group here but all of the 11 soldiers and the ordinary citizens that work 12 at the Academy there and the 4200 cadets that 13 are going to serve our country. 14 I'd like to turn the spotlight from 15 me for just a second and, at the risk of 16 turning their heads, talk a little bit about 17 the group that we have here. And I do it 18 because what we have here are a group of young 19 men and women who have entered the Academy 20 after 9/11, now, and know what they're getting 21 into. 22 I want to introduce you to just a 23 couple. You met Stephanie, who's from 24 New Mexico. A great young lady, the third 25 woman first captain.

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(518) 371-8910 1 Kristina Jantzen, one of 15 cadets 2 with me, daughter of a '76 grad. And he 3 graduated just prior to women coming into the 4 Academy, and she's going to graduate at the 5 30th anniversary of women entering the 6 Academy. 7 John Burns, who grew up on a dairy 8 farm here in New York, with 3,000 cows. And 9 Tommy Ryder, whose father was in the New York 10 City Police Department for 25 years. 11 T.J. McHugh, whose parents are 12 here, son of two New York State troopers. Mom 13 retired with 24 years, father is still in 14 uniform, 28 years. And he's captain of the JV 15 lacrosse team. 16 And Pat Dowdell, whose father, 17 New York City Fire Department Special 18 Operations Command, was at the World Trade 19 Center in '93 at the first bombing, out at 20 Oklahoma City after that tragedy, and then was 21 killed in 9/11. And Pat worked Ground Zero 22 for six months with the fire department and 23 others, played the bagpipe at over 150 24 funerals, including his dad's, before entering 25 West Point.

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(518) 371-8910 1 Half of them here have made the 2 dean's list at one time or another -- I think 3 it's a tribute to the New York State 4 schools -- Chris Beller, Matt Boise, Lou 5 Cascino, John Thomas. In fact, Josh has made 6 it every time. 7 Matt Grinnell, two years of college 8 at the University of Rochester, doing very 9 well in ROTC, before coming to West Point. 10 George Hermogeno came to West Point 11 through the prep school after being a soldier 12 in the 82nd Airborne. 13 Dainis Butners, who's fluent in 14 Latvian. Grandparents fled the Communist Red 15 Carp and Stalin's NKVD. Grandfather received 16 the Order of Three Stars, the highest Latvian 17 award. 18 These are the experiences and the 19 backgrounds that make West Point strong, but 20 also make our Army strong. 21 We have Will and Dan Denn, both on 22 the Model U.N. Team. Will just flew in from 23 Beijing, where the team won its fourth world 24 championship in a row. And the cadet in 25 charge is also from New York.

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(518) 371-8910 1 And Anthony Ciaffone, celebrating 2 his 21st birthday today. Last two years, he 3 had math exams during his birthday. He's 4 thrilled to be up here. 5 (Laughter.) 6 GENERAL LENNOX: Last year I 7 talked about Katie Macfarlane, from Clarence 8 High School near Buffalo, a real basketball 9 star who led the team for four years. 10 This year's women's basketball team 11 went to the NCAA, played a small midwestern 12 college, Tennessee, and did fairly well. It 13 was led by Micky Mallette, from Elmira 14 Heights. And now she is also the second 15 regimental commander, a leader in the corps. 16 New York cadets are breaking 17 athletic records, winning distinguished 18 scholarships, and leading the corps. We're 19 proud of them and proud of our graduates. 20 They're answering the call of war, and some 21 not without sacrifice. 22 It's easy to talk about Captain Amy 23 Bateman, Class of 2000, from Rochester, who 24 deployed to Iraq in 2003 and during the battle 25 of Karbala earned the Bronze Star for her work

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(518) 371-8910 1 as a communications officer. 2 It's a lot harder to talk about Tim 3 Moshier, Class of 2002, from Bethlehem. 4 Apache pilot with the Fourth I.D., a battle 5 captain in ATOC, in Camp Taji near the Green 6 Zone. A great deal of responsibility for a 7 captain, but he handled it extremely well. We 8 mourn Tim's loss, and our hearts are going out 9 to you. 10 Leaders are made, not born. And 11 that's what we do at West Point. We challenge 12 them every day. Physically, intellectually, 13 they achieve excellence. We instill the 14 virtues of duty, honor and country. And we 15 produce those leaders that our nation needs. 16 And we bring in the best and the brightest. 17 And, Arthur, why don't you just 18 stand up. Arthur Murphy, from LaSalle, Class 19 of 2010, the next class coming in. The Long 20 Gray Line is proceeding. We congratulate you, 21 and we look forward to getting you up there. 22 And his brother should be in the Class of 23 2011, right behind him. So congratulations. 24 I'd ask you all come and see us, 25 come and see your Academy, talk to our cadets.

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(518) 371-8910 1 They'll inspire you. They inspire me every 2 single day. 3 Thank you for the last five years. 4 Thank you for your support for the Academy. 5 Go Army! 6 (Standing ovation.) 7 THE PRESIDENT: Senator Bruno. 8 SENATOR BRUNO: Madam President, 9 I believe there is Resolution 4426, by Senator 10 Larkin, at the desk. I would ask that the 11 title be read and move for its immediate 12 adoption. 13 THE PRESIDENT: The Secretary 14 will read. 15 THE SECRETARY: By Senator 16 Larkin, Legislative Resolution Number 4426, 17 honoring Mrs. Anne Lennox upon the occasion of 18 her designation for special recognition. 19 THE PRESIDENT: All in favor of 20 the resolution please signify by saying aye. 21 (Response of "Aye.") 22 THE PRESIDENT: Opposed, nay. 23 (No response.) 24 THE PRESIDENT: The resolution is 25 adopted.

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(518) 371-8910 1 Senator Bruno. 2 SENATOR BRUNO: Madam President, 3 I believe there's another resolution by 4 Senator Larkin, 4425. I would ask that the 5 title be read and move for its immediate 6 adoption. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: By Senator 10 Larkin, Legislative Resolution Number 4425, 11 honoring the retirement of Lieutenant General 12 William J. Lennox, Jr., Superintendent of the 13 United States Military Academy at West Point. 14 THE PRESIDENT: All in favor of 15 the resolution please signify by saying aye. 16 (Response of "Aye.") 17 THE PRESIDENT: Opposed, nay. 18 (No response.) 19 THE PRESIDENT: The resolution is 20 adopted. 21 Senator Bruno. 22 SENATOR BRUNO: Madam President, 23 may I suggest that all of the members here in 24 the chamber be put on all of these resolutions 25 that we've just passed. Unless anyone wishes

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(518) 371-8910 1 to have their name struck, and then you would 2 approach the desk. 3 THE PRESIDENT: Any member who 4 does not wish to cosponsor the last 5 resolutions please notify the desk. 6 Senator Bruno. 7 SENATOR BRUNO: And, Madam 8 President and colleagues, this concludes the 9 formal part of our West Point Day here. There 10 will be a reception shortly after, with the 11 cadets and the general and their assistants. 12 I would suggest that, as the cadets 13 exit the chamber, that we take a short recess. 14 Thank you. 15 THE PRESIDENT: The Senate stands 16 at ease. 17 (Whereupon, the Senate stood at 18 ease at 11:53 a.m.) 19 (Whereupon, the Senate reconvened 20 at 11:58 a.m.) 21 SENATOR SPANO: Madam President. 22 ACTING PRESIDENT YOUNG: Senator 23 Spano. 24 SENATOR SPANO: Madam President, 25 can you call the house back to order, please.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The 2 house will come to order. 3 SENATOR SPANO: I would please 4 ask that we return to motions and resolutions. 5 There are three resolutions at the 6 desk by Senator Trunzo. Could we please ask 7 that the titles be read and move for their 8 adoption. 9 ACTING PRESIDENT YOUNG: The 10 Secretary will read. 11 THE SECRETARY: By Senator 12 Trunzo, Legislative Resolution Number 4431, 13 commending Avette Ware upon the occasion of 14 receiving the State University of New York 15 Chancellor's Award for Student Excellence. 16 By Senator Trunzo, Legislative 17 Resolution Number 4432, commending Katherine 18 Signorelli upon the occasion of receiving the 19 State University of New York Chancellor's 20 Award for Student Excellence. 21 And by Senator Trunzo, Legislative 22 Resolution Number 4433, commending Peter 23 Ellison upon the occasion of receiving the 24 State University of New York Chancellor's 25 Award for Student Excellence.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The 2 question is on the resolutions. All in favor 3 signify by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT YOUNG: Opposed, 6 nay. 7 (No response.) 8 ACTING PRESIDENT YOUNG: The 9 resolutions are adopted. 10 Senator Spano. 11 SENATOR SPANO: There are three 12 resolutions by Senator Johnson at the desk. I 13 would ask that the titles be read and move for 14 their immediate adoption. 15 ACTING PRESIDENT YOUNG: The 16 Secretary will read. 17 THE SECRETARY: By Senator 18 Johnson, Legislative Resolution Number 4434, 19 commending Jose Blanco upon the occasion of 20 receiving the State University of New York 21 Chancellor's Award for Student Excellence. 22 By Senator Johnson, Legislative 23 Resolution Number 4435, commending Michael 24 Williams upon the occasion of receiving the 25 State University of New York Chancellor's

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(518) 371-8910 1 Award for Student Excellence. 2 And by Senator Johnson, Legislative 3 Resolution Number 4436, commending Tom Jordon 4 upon the occasion of receiving the State 5 University of New York Chancellor's Award for 6 Student Excellence. 7 ACTING PRESIDENT YOUNG: The 8 question is on the resolutions. All in favor 9 signify by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT YOUNG: Opposed, 12 nay. 13 (No response.) 14 ACTING PRESIDENT YOUNG: The 15 resolutions are adopted. 16 Senator Spano. 17 SENATOR SPANO: Madam President, 18 there's a resolution by Senator Fuschillo at 19 the desk. I ask for the title to be read and 20 move for its immediate adoption. 21 ACTING PRESIDENT YOUNG: The 22 Secretary will read. 23 THE SECRETARY: By Senator 24 Fuschillo, Legislative Resolution Number 4437, 25 commending Michael Accurso upon the occasion

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(518) 371-8910 1 of receiving the State University of New York 2 Chancellor's Award for Student Excellence. 3 ACTING PRESIDENT YOUNG: The 4 question is on the resolution. All in favor 5 please signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT YOUNG: Opposed, 8 nay. 9 (No response.) 10 ACTING PRESIDENT YOUNG: The 11 resolution is adopted. 12 Senator Spano. 13 SENATOR SPANO: There's a 14 resolution by Senator LaValle at the desk. 15 May I ask for the title to be read and move 16 for its immediate adoption. 17 ACTING PRESIDENT YOUNG: Thank 18 you, Senator Spano. 19 The Secretary will read. 20 THE SECRETARY: By Senator 21 LaValle, Legislative Resolution Number 4438, 22 commending Theresa O'Keefe upon the occasion 23 of receiving the State University of New York 24 Chancellor's Award for Student Excellence. 25 ACTING PRESIDENT YOUNG: The

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(518) 371-8910 1 question is on the resolution. All in favor 2 signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT YOUNG: Opposed, 5 nay. 6 (No response.) 7 ACTING PRESIDENT YOUNG: The 8 resolution is adopted. 9 Senator Spano. 10 SENATOR SPANO: Madam President, 11 can we now move to the reading of the 12 noncontroversial calendar. 13 ACTING PRESIDENT YOUNG: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 382, by Senator Farley, Senate Print 2858A, an 17 act to amend the Environmental Conservation 18 Law, in relation to making technical 19 corrections thereto. 20 ACTING PRESIDENT YOUNG: Read the 21 last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect immediately. 24 ACTING PRESIDENT YOUNG: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 51. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 411, by Senator Little, Senate Print 3376D -- 7 SENATOR SCHNEIDERMAN: Lay it 8 aside. 9 ACTING PRESIDENT YOUNG: The bill 10 is laid aside. 11 THE SECRETARY: Calendar Number 12 444, by Senator Larkin, Senate Print 417, an 13 act to amend the Penal Law, in relation to 14 obscene sexual performance by a child. 15 ACTING PRESIDENT YOUNG: Read the 16 last section. 17 THE SECRETARY: Section 10. This 18 act shall take effect on the first of 19 November. 20 ACTING PRESIDENT YOUNG: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 52. 24 ACTING PRESIDENT YOUNG: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 445, by Senator Saland, Senate Print 469, an 3 act to amend the Criminal Procedure Law, in 4 relation to authorizing child witnesses. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 52. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 446, by Senator Saland, Senate Print 470, an 17 act to amend the Criminal Procedure Law, in 18 relation to expanding. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the first day of the 23 calendar month next succeeding. 24 ACTING PRESIDENT YOUNG: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 52. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 448, by Senator Alesi, Senate Print 965, an 7 act to amend the Penal Law, in relation to 8 endangering the welfare of a child. 9 ACTING PRESIDENT YOUNG: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of 13 November. 14 ACTING PRESIDENT YOUNG: Call the 15 roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT YOUNG: Senator 18 Duane, to explain his vote. 19 SENATOR DUANE: Thank you, Madam 20 President. 21 This bill includes within the crime 22 of endangering the welfare of a child when a 23 person commits an alcohol-related traffic 24 offense in the presence of a minor. And 25 that's a very good idea.

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(518) 371-8910 1 I have to assume, though, that 2 people who drive drunk with children probably 3 have an alcohol addiction. And I'm guessing 4 that children who live in that kind of a 5 household with an active alcoholic probably 6 live in a very scary and chaotic atmosphere. 7 Now, obviously alcoholics need 8 treatment, and a child from an alcoholic home 9 needs mental health services. But chances are 10 in New York State neither one can get the 11 mental health and chemical addiction treatment 12 that they need. And yet we've gone a whole 13 week here in the State Senate without passing 14 Timothy's Law. 15 So I don't know why we don't pass 16 it. It's a mystery to me. We don't have any 17 trouble arresting an alcoholic when they drive 18 under the influence, and I agree with that. 19 But we also need to help deter that from 20 happening by providing treatment. And that's 21 why we need to pass Timothy's Law this 22 session. 23 I vote yes, Madam President. 24 ACTING PRESIDENT YOUNG: Thank 25 you, Senator Duane. You will be recorded in

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(518) 371-8910 1 the affirmative. 2 Announce the results. 3 THE SECRETARY: Ayes, 52. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 451, by Senator LaValle, Senate Print 1626, an 8 act to amend the Criminal Procedure Law, in 9 relation to commission. 10 ACTING PRESIDENT YOUNG: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT YOUNG: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 52. 18 ACTING PRESIDENT YOUNG: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 456, by Senator Spano, Senate Print 2898, an 22 act to amend the Penal Law, in relation to 23 reckless assault. 24 ACTING PRESIDENT YOUNG: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect on the first of 3 November. 4 ACTING PRESIDENT YOUNG: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 52. 8 ACTING PRESIDENT YOUNG: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 459, by Senator Golden, Senate Print 6552, an 12 act to amend the Penal Law, in relation to 13 promoting prostitution. 14 ACTING PRESIDENT YOUNG: Read the 15 last section. 16 THE SECRETARY: Section 9. This 17 act shall take effect on the first of 18 November. 19 ACTING PRESIDENT YOUNG: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 52. 23 ACTING PRESIDENT YOUNG: The bill 24 is passed. 25 Senator Spano.

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(518) 371-8910 1 SENATOR SPANO: Madam President, 2 we're going to lay Calendar 411 aside for the 3 day. 4 Is there any other business before 5 the house? 6 ACTING PRESIDENT YOUNG: The bill 7 is laid aside for the day. 8 There is no further business before 9 the house. 10 SENATOR SPANO: Madam President, 11 there being no further business, I move that 12 we adjourn until Monday, April 10th, at 13 3:00 p.m. Intervening days will be 14 legislative days. 15 ACTING PRESIDENT YOUNG: On 16 motion, the Senate stands adjourned until 17 Monday, April 10th, at 3:00 p.m., intervening 18 days being legislative days. 19 (Whereupon, at 12:06 p.m., the 20 Senate adjourned.) 21 22 23 24 25

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(518) 371-8910