Monday, February 5, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 5, 2007 11 3:09 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR DAVID A. PATERSON, 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 come to order. 4 I would ask all assembled to rise 5 and recite with me the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 THE PRESIDENT: Our invocation 9 for the day will be offered by Rabbi Rubin, 10 and Rabbi Rubin is from the Chabad here in 11 Albany, New York. 12 RABBI RUBIN: The honorable 13 members of the Senate assembled here represent 14 widespread areas and districts with differing 15 views, issues, and concerns. But crossing the 16 disparate regions across the state, the 17 Northway and Thruway symbolically unite us 18 New Yorkers from Albany to Buffalo, New York 19 City up to the Canadian border. 20 Indeed, last week's Northway 21 tragedy brought together upstate and downstate 22 concerns to build and expand vital 23 communications. 24 Inspired by the Tu B'Shvat, New 25 Year for Trees, we recite the Biblical verse

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(518) 371-8910 1 "Man is as a tree in the field," as both a 2 statement and also as a question. 3 O God, grant us the vision and 4 wisdom to balance environmental protection 5 with vital communication to best serve the 6 people of this great state. 7 Amen. 8 THE PRESIDENT: Thank you, Rabbi 9 Israel Rubin, of Chabad House here in Albany, 10 New York. 11 The reading of the Journal. 12 THE SECRETARY: In Senate, 13 Friday, February 2, the Senate met pursuant to 14 adjournment. The Journal of Thursday, 15 February 1, was read and approved. On motion, 16 Senate adjourned. 17 THE PRESIDENT: Without 18 objection, the Journal stands approved as 19 read. 20 Presentation of petitions. 21 Messages from the Assembly. 22 Messages from the Governor. 23 Reports of standing committees. 24 Reports of select committees. 25 Communications and reports from

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(518) 371-8910 1 state officers. 2 Motions and resolutions. 3 Senator Bruno. 4 SENATOR BRUNO: Mr. President, I 5 have a privileged resolution at the desk, 6 Number 352. I would ask that it be read in 7 its entirety and move for its immediate 8 adoption. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: By Senator Bruno, 12 Legislative Resolution Number 352, commending 13 Donald Baker, Jr., for his courageous actions 14 as a member of the New York State Police and 15 his valued contributions to the community. 16 "WHEREAS, Within every community of 17 the State of New York there are certain 18 individuals who, by virtue of their commitment 19 and dedication, command the respect and 20 admiration of their community for their 21 exemplary contributions and service on behalf 22 of others; and 23 "WHEREAS, The quality and sanctity 24 of community life are cherished values, worthy 25 of safeguarding, and this Legislative Body is

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(518) 371-8910 1 moved to honor those individuals who serve to 2 preserve and protect such values, lauding 3 particularly their unwavering courage and 4 dedication in the daily performance of their 5 duties; and 6 "WHEREAS, Attendant to such 7 concern, and in full accord with its 8 long-standing traditions, this Legislative 9 Body is justly proud to commend Donald Baker, 10 Jr., for his courageous actions as a member of 11 the New York State Police and his valued 12 contributions to the community; and 13 "WHEREAS, A 38-year-old resident of 14 Clifton Park, New York, and a former Army 15 medic, Donald Baker has wanted to be a 16 New York State trooper since attending 17 Shenendehowa High School; and 18 "WHEREAS, A member of the elite 19 New York State Police Mobile Response Team, 20 Donald Baker, Jr., was critically wounded on 21 August 31, 2006, while tracking a fugitive 22 from the Erie County Correctional Facility who 23 was wanted in the shooting of another trooper; 24 and 25 "WHEREAS, Members of the New York

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(518) 371-8910 1 State Police put their lives on the line every 2 day in service to the great State of New York. 3 It is appropriate to recognize and commend 4 such outstanding law enforcement officers as 5 Donald Baker, Jr.; and 6 "WHEREAS, With him throughout has 7 been his wife of 15 years, Tracy, who feels 8 privileged to be a part of his life and 9 rejoices in his many achievements; and 10 "WHEREAS, It is the sense of this 11 Legislative Body that those dedicated public 12 servants who unselfishly devote their lives to 13 the preservation of order and the protection 14 of others are worthy and do full praise for 15 that are commitment and noble endeavors; now, 16 therefore, be it 17 "RESOLVED, That this Legislative 18 Body pause in its deliberations to commend 19 Donald Baker, Jr., for his courageous actions 20 as a member of the New York State Police and 21 his valued contributions to the community; and 22 be it further 23 "RESOLVED, That a copy of this 24 resolution, suitably engrossed, be transmitted 25 to Donald Baker, Jr., of Clifton Park,

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(518) 371-8910 1 New York." 2 THE PRESIDENT: The chair 3 recognizes, to be heard on the resolution, our 4 Majority Leader, Senator Bruno. 5 SENATOR BRUNO: Thank you, 6 Mr. President and colleagues. 7 I rise, in respect, to honor Donald 8 Baker, who is here with us, and his wife, 9 Tracy. Donald Baker, as you heard, was there 10 with Joseph Longobardo when Joseph Longobardo, 11 Trooper Longobardo, was killed, killed by a 12 demented coward who snuck up behind them and 13 shot them from behind. 14 Donald Baker really represents, as 15 did Joseph Longobardo, all that's good about 16 those that put on the uniform. And they put 17 on the uniform and every single day, every 18 night, Sundays, Saturdays, anytime, put 19 themselves out there to help, to support, to 20 protect all of us and all the people who are 21 out there who can't take care of themselves. 22 So we as a body thank Trooper 23 Baker, thank Tracy, thank Teri Longobardo, who 24 is here. And she is looking after her 25 18-month-old son, Louis, who is keeping her

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(518) 371-8910 1 pretty busy these days. 2 We are going to do another 3 resolution honoring everyone in uniform, the 4 second one. But we wanted to call special 5 attention to Trooper Baker, who's gone through 6 six operations, I believe, so far, has been in 7 physical therapy, is now on his feet. And 8 he's on his feet through courage, just plain 9 guts. 10 And he's an ex-Army medic, he's 11 part of, with Trooper Longobardo, the Mobile 12 Response Unit, that is a team that goes out to 13 meet any situation that presents itself 14 anywhere in the state. And Trooper Baker is 15 stationed here up in Clifton Park, out of 16 here. 17 He went out west when Bucky 18 Phillips was hiding out in the woods, and 19 offers everyday -- and what he is working 20 towards and getting himself back in shape for 21 is to go back out there on that Mobile 22 Response Team, which is the leading edge of 23 all law enforcement throughout the troops. 24 So we thank you. Thank you for 25 what you do every hour of every day, fighting

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(518) 371-8910 1 the battles against the enemy, the criminals 2 out there that would do harm to our families, 3 children, to everyone. So you're our first 4 line of defense. 5 And your families, like Tracy and 6 Teri, who assist you, support you, and help 7 you do your job. Because without that kind of 8 support, it would be pretty difficult, I would 9 think, to be out there with the time and the 10 energy and the efforts and everything that you 11 have to do exposing yourself, voluntarily, to 12 dangers such as you encountered out there. 13 So we thank the good Lord and thank 14 all the good support that you've had, and all 15 the troopers and everyone that wears a uniform 16 in law enforcement for what you do, 17 voluntarily. You don't have to; you could be 18 doing other things. But you do it because 19 that's what your heart is, that's where your 20 spirit is. 21 And we know that you're going to 22 have a speedy recovery because you are doing 23 it all to get yourself back to where you were. 24 So thank you for your good works. 25 And thank you, Mr. President. And

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(518) 371-8910 1 thank you, colleagues. 2 THE PRESIDENT: On the resolution 3 sponsored by Senator Bruno, we will now hear 4 from Senator Farley. 5 SENATOR FARLEY: Thank you, 6 Mr. President. 7 I rise to salute you, Trooper 8 Baker, and what you've been going through, and 9 also your wife, Tracy. 10 His partner was Joseph Longobardo, 11 who was my constituent, who was brutally 12 murdered in a cowardly way. These two 13 troopers, athletes, part of the most elite 14 organization in the New York State Police, 15 were out there on their own. Cowardly 16 murdered. 17 And you know, Donald, I'm confident 18 that Joe is up there looking out for you to 19 make sure that you're going to have a one 20 hundred percent recovery. 21 I'd also like to pay tribute to 22 Teri, Joe's widow, who is up in the balcony 23 with us. I think I spent one of the saddest 24 afternoons of my life at his funeral, totally 25 supported by the entire State Police, and all

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(518) 371-8910 1 that was said about this remarkable man, 2 Joseph Longobardo, who was not only my 3 constituent but a remarkable father. And to 4 not to be able to see his child grow up, it 5 was very, very sad. 6 Teri, I wish you all the very best. 7 And, Trooper Baker, I salute you 8 and wish you a complete recovery. And I know 9 that you and your family are very, very proud 10 of what you've accomplished. 11 God bless you. 12 THE PRESIDENT: Senator Volker, 13 on the resolution. 14 SENATOR VOLKER: Mr. President, I 15 just want to be part of this resolution. I 16 commend Senator Bruno for doing this 17 resolution. 18 Some of the members have asked me 19 what this pin is that I've worn since last 20 year. And actually, I started wearing this 21 pin at the time that Trooper Longobardo was 22 killed. It is a pin that is the symbol of the 23 loss of police officers throughout this 24 country. 25 This was one of the worst years,

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(518) 371-8910 1 2006, for the loss of law enforcement people 2 in my time. And in fact, with state troopers, 3 it was a very tragic year. And obviously 4 there were accidents and there was the chase. 5 And unfortunately culminating in this terrible 6 incident down in Western New York, actually 7 the Southern Tier of Western New York, that 8 involved Trooper Baker and Trooper Longobardo. 9 Contrary to some popular belief, I 10 was not a trooper; I was a local police 11 officer for a number of years. Did a lot of 12 task forces with the State Police, which I 13 guess is one reason why a lot of people 14 thought I was a state trooper. I combined a 15 number of large task forces. 16 My cousin was a senior 17 investigator, Martin Hockey, in the State 18 Police. And his son now, Michael Hockey, is a 19 sergeant and runs a barracks in Western 20 New York. 21 The only reason I mention that is I 22 think it's important to my lifetime. I've had 23 a number of law enforcement people that have 24 been close to me; several who were killed. 25 Myself, fortunately I was shot at but I was

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(518) 371-8910 1 able to avoid injury. 2 But I think the thing we all have 3 to understand is that -- and this chamber is 4 very, very sympathetic to you. And, I want to 5 tell you, Republicans and Democrats. Please 6 understand that. You may hear debates here 7 about law enforcement and all those sorts of 8 things, but there is nobody in this chamber 9 who doesn't feel that the job that you're 10 doing is critically important. Whether it's 11 in Western New York, Central New York, 12 New York City, wherever it is, I know how the 13 people of this chamber feel. So let's make 14 that clear. 15 This house has, I think, done more 16 legislation to protect the average public than 17 any house probably in the United States of 18 America. But we have also done more 19 legislation to protect law enforcement people, 20 I am convinced, than any house in the United 21 States of America. 22 And well we should. Because what 23 you have given -- and as I said in a letter 24 that I think I sent to you, Trooper Baker, and 25 to Trooper Longobardo's widow, it's not just

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(518) 371-8910 1 the troopers, it's their families. You're 2 part of this whole thing. 3 The fight between good and evil -- 4 and I know this sounds a little strange, but 5 it's true. This fight has been going on long 6 before any of us were born here. And there 7 are those that are willing to get out there 8 and take the risks that are involved and the 9 necessity of protecting not just the people of 10 this chamber and their families but the people 11 of this entire state. 12 I am proud to be in the same 13 chamber with you. I'm proud not only to be 14 with you, Trooper Baker, and your wife, but 15 also the widow of Trooper Longobardo, who will 16 not be forgotten. And when we have the 17 memorial this year, well, certainly he will be 18 some person who is put on the wall and so 19 forth. 20 But more than that, the loss of 21 troopers during this year will be part of our 22 culture for as long as the people of this 23 state feel so strongly about the necessity to 24 protect our state. 25 And I can assure you that I

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(518) 371-8910 1 personally will do everything within my power 2 to make sure that not only the State Police 3 but all the law enforcement people in this 4 state are protected. And before this session 5 is over, we're going to move with a number of 6 things to even make your life, we hope, better 7 and to enhance the security of the law 8 enforcement people of this state. 9 Thank you, and congratulations to 10 all of you. As regrettable as it may be, what 11 happened, you're a hero, and you'll continue 12 to be heroes, both you, Trooper Baker, 13 Mrs. Baker, and Mrs. Longobardo. As long as 14 truth and justice survive, you'll be heroes. 15 THE PRESIDENT: Senator Young. 16 SENATOR YOUNG: Thank you. 17 I rise to, first of all, extend my 18 deepest condolences to Teri Longobardo on the 19 loss of your husband, and also to give my 20 sincerest and deepest gratitude to Trooper 21 Donald Baker. 22 Everyone across the state read 23 about this past summer in the newspapers or 24 watched it on television. In my district, 25 that includes Chautauqua County, we lived it

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(518) 371-8910 1 every single day. We lived through the 2 checkpoints. We lived through the lockdowns 3 at the schools. We lived through knowing that 4 there was someone on the loose who was 5 extremely dangerous. 6 And our troopers went out every 7 single day, and Trooper Baker and Trooper 8 Longobardo went to work knowing that they were 9 after a career-criminal thug, someone who had 10 stolen an arsenal from a local gun shop, 11 someone who was a violent cop-hater, someone 12 who had already shot Trooper Sean Brown near 13 Elmira, someone who they knew would harm them 14 if he got the chance. And despite that 15 dynamic, they still very bravely went to work 16 every single day to protect the public, 17 because they believed so strongly in what they 18 were doing. 19 I have never seen in my life a more 20 dedicated, committed, professional group of 21 individuals than the state troopers while they 22 conducted the largest manhunt in the history 23 of New York State. 24 And it was very, very tough, and I 25 know that my constituents felt so badly,

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(518) 371-8910 1 especially after the troopers were shot. We 2 held fundraisers, benefits to raise money. 3 Hundreds of people came because they wanted to 4 show their appreciation for the sacrifices 5 that you made. 6 So I just want to say to you, Teri 7 Longobardo, Trooper Baker, how much we 8 appreciate you. We hold you in the highest 9 esteem. We salute you. And most of all, we 10 thank you from the bottom of our hearts for 11 protecting us. 12 THE PRESIDENT: Senator Winner. 13 SENATOR WINNER: Thank you, 14 Mr. President. 15 I rise to echo Senator Young's 16 remarks. As a representative of the Southern 17 Tier, our districts were terrorized by the 18 antics if not the horrific behavior and 19 unacceptable treatment that was exhibited by 20 Bucky Phillips to society in general and 21 certainly to the State Police community as a 22 whole. 23 That individual, you know, started 24 his mayhem, obviously, after breaking out of 25 the Erie County jail, but then committed that

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(518) 371-8910 1 horrible crime, attempted murder on Trooper 2 Sean Brown in my area, coming on the heels of 3 the horrific murder of Trooper Andy Sperr. We 4 were horrified in our district that another 5 assault and another attempted murder could be 6 done on a New York State trooper. 7 There is no acceptable behavior 8 that could even be attributed to an individual 9 like that who draws the line in the sand 10 between chaos and anarchy and law-abiding 11 citizens and an assault on our law enforcement 12 personnel. 13 And so when those dedicated 14 troopers such as Trooper Baker came to protect 15 us and came to apprehend that individual, I 16 mean, they were the people that we -- we 17 didn't know what to do except for, you know, 18 embrace your efforts and look to you to be 19 able to help us and be able to protect us. 20 Because our communities were 21 terrorized by the behavior of this individual, 22 who, despite the great efforts, was able to 23 continue to elude law enforcement personnel 24 and, you know, unbelievably in some quarters 25 receive aid and encouragement from some

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(518) 371-8910 1 individuals, including the media, for his 2 behavior. 3 And so under those circumstances, 4 for you to be able to behave in the fashion 5 and the professionalism that you did and still 6 protect us and still be able to apprehend that 7 individual and bring some peace and quiet to 8 our neighborhoods and our communities and some 9 effort to try to heal, well, I thank you from 10 the bottom of my heart. And I know all of the 11 residents of the State of New York thank you 12 for your efforts. 13 And certainly our heart goes out to 14 Teri Longobardo for the sacrifice that her 15 family has endured. And to that extent, I can 16 only say thank you again. 17 And thanks to all the members of 18 the State Police for enduring what was just a 19 horrendous 2006. 20 THE PRESIDENT: Senator Duane. 21 SENATOR DUANE: Thank you, 22 Mr. President. 23 I want to associate myself 24 particularly with Senator Volker's remarks and 25 Senator Bruno's remarks and to say that our

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(518) 371-8910 1 appreciation for those officers who put their 2 lives on the line every day for New Yorkers 3 are perhaps the bravest people we have in this 4 state. In fact, they are really among the 5 only public servants that put their lives on 6 the line every day for us. 7 And on behalf of our entire 8 conference, our deepest sympathies go out to 9 Teri Longobardo and her family and his family, 10 and also recovery for Officer Baker and best 11 wishes to his family. And our profound 12 appreciation for the amazing work that has 13 been done on behalf of all New Yorkers. 14 Thank you, Mr. President. 15 THE PRESIDENT: The question is 16 on the resolution. All those in favor please 17 indicate so by saying aye. 18 (Response of "Aye.") 19 THE PRESIDENT: Opposed, nay. 20 (No response.) 21 THE PRESIDENT: The resolution is 22 adopted, Senator Bruno. 23 (Extended applause.) 24 THE PRESIDENT: Trooper Baker, 25 you have just listened to six of the voices of

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(518) 371-8910 1 the New York State Senate, including Leader 2 Bruno and Senator Farley, Senator Volker, 3 Senator Young, Senator Winner and Senator 4 Duane. And they in many respects echo the 5 collective feelings of all of the Senators and 6 the thoughts of our related staff and visitors 7 to this chamber and the caring of residents of 8 New York all around this state. 9 We appreciate not only your great 10 effort but the effort that you and your 11 colleagues always give thinking about others 12 other than yourself and protecting and 13 defending the rights of New Yorkers all around 14 this state. 15 Senator Farley talked about the 16 terrible afternoon, morning and afternoon of 17 September 12th when, very close to here, we 18 came to bury Trooper Longobardo. At that time 19 it was very difficult to watch his family -- 20 his parents, his wife, Teri, also with an 21 infant son -- and all those who came to share 22 grief with each other and to try to find a way 23 to aid this family. 24 If there was a silver lining around 25 that dark cloud, it may have been the

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(518) 371-8910 1 collective and strong feeling that evoked from 2 that room the prayer for Trooper Baker's 3 recovery. I never thought that on that day in 4 September that the trooper would be strong 5 enough, resilient enough, and miraculously 6 healthy enough to join us in this chamber. 7 We all salute the effort that you 8 have waged. We all are happy that you and 9 your family can be reunited. And we all mourn 10 the passing of those who gave their lives in 11 law enforcement in service to New Yorkers. 12 Thank you for joining us here in the chamber 13 today. 14 Senator Bruno. 15 SENATOR BRUNO: Thank you, 16 Mr. President. 17 I believe I have another resolution 18 at the desk that had been previously passed, 19 Resolution Number 263. I would ask at this 20 time that it be read in its entirety and again 21 move for its immediate adoption. 22 THE PRESIDENT: The Secretary 23 will read. 24 THE SECRETARY: By Senators Bruno 25 and Farley, Legislative Resolution Number 263,

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(518) 371-8910 1 recognizing February 9, 2007, as "Blue 2 Friday." 3 "WHEREAS, The State of New York 4 takes great pride in participating in 5 significant days of recognition; and 6 "WHEREAS, Albany radio station WGNA 7 has teamed up with the Capital District 8 chapter of Concerns of Police Survivors, Inc. 9 (COPS) in recognizing February 9, 2007, as 10 'Blue Friday' in honor of police officers who 11 have sacrificed their lives in the line of 12 duty and those who are currently bravely 13 serving communities across New York State; and 14 "WHEREAS, COPS, organized in 1984 15 with approximately 110 members, has grown into 16 a nationwide nonprofit organization with 17 48 chapters throughout the United States and 18 an affiliate in the United Kingdom. Its 19 mission is to help rebuild the lives of 20 survivors of law enforcement officers killed 21 in the line of duty by serving as a 22 clearinghouse for federal and state benefits 23 information and resources that may be 24 available to the surviving families; and 25 "WHEREAS, COPS also provides

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(518) 371-8910 1 training to law enforcement agencies on 2 survivor victimization issues and educates the 3 public of the need to support the law 4 enforcement profession and its survivors; and 5 "WHEREAS, Each year between 140 and 6 160 officers are killed in the line of duty, 7 and their families and coworkers are left to 8 cope with the tragic loss; and 9 "WHEREAS, Today COPS' membership -- 10 including spouses, children, parents, 11 siblings, significant others and coworkers of 12 officers killed in the line of duty -- 13 consists of more than 12,000 families; and 14 "WHEREAS, February 9th is a 15 reminder to pay tribute to those in the law 16 enforcement community who have made the 17 ultimate sacrifice; and 18 "WHEREAS, On February 9, 2007, from 19 6:00 a.m. to 10:00 a.m., COPS will be taking a 20 Donation for a Carnation, selling blue 21 carnations and special edition 'Blue Friday' 22 T-shirts. All proceeds will go directly to 23 COPS; and 24 "WHEREAS, The State of New York is 25 eternally grateful for the service of its

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(518) 371-8910 1 brave men and women in law enforcement and 2 applauds the efforts of COPS to assist the 3 families of those who have made the ultimate 4 sacrifice; now, therefore, be it 5 "RESOLVED, That this Legislative 6 Body pause in its deliberations to recognize 7 February 9, 2007, as 'Blue Friday' and to 8 extend its heartfelt appreciation and 9 admiration to its law enforcement officials; 10 and be it further 11 "RESOLVED, That copies of this 12 resolution, suitably engrossed, be transmitted 13 to WGNA and COPS." 14 THE PRESIDENT: Senator Bruno. 15 SENATOR BRUNO: Thank you, 16 Mr. President and colleagues. 17 We've just heard another resolution 18 that relates to people in blue, officers like 19 Trooper Baker, like Trooper Meltz that is here 20 assisting him. 21 And when you think about what we're 22 commemorating here, with COPS, a 23 not-for-profit organization that helps the 24 surviving families get reacclimated to life, 25 the people that we're talking about -- and the

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(518) 371-8910 1 sad fact is there's 140 to 160 law enforcement 2 people that are killed every year. 3 Now, all of us, when there's a 4 commemoration, when names are added over at 5 the monument here, hope and pray that there 6 won't be another person. But that's what 7 their lives are about, being prepared to make 8 the ultimate sacrifice, as did Trooper 9 Longobardo, as did Trooper Craig Todeschini 10 out in the western part of the state just this 11 past year. 12 And with COPS, there are a number 13 of representatives that are here locally. And 14 I know Station WGNA is here; they're going to 15 be helping. DeNooyer Chevrolet is going to be 16 helping. People like Pizzeria Uno. They're 17 going to be raising money this Friday, these 18 days, with blue carnations. Last year I think 19 around here they raised about $11,000. 20 But when you think about 12,000 21 families throughout the United States that are 22 being assisted -- and I just want to recognize 23 here, the president of COPS is Albany Police 24 Officer Pat Fox. And he's here with his 25 chief, Chief Tuffey, that is here with our

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(518) 371-8910 1 very esteemed Mayor Jennings, of Albany, that 2 hosts the Capitol and all of us here. And the 3 vice president, Troy Police Officer Bob 4 Fitzgerald. 5 And from radio station WGNA, Bob 6 Ausfeld, regional VP; Buzz Brindle, program 7 director; radio DJs Sean McMaster, Richie 8 Phillips, and Casey Danton; Chris Sousis, 9 manager; and Selena Dutcher, marketing 10 director. 11 We really want to thank you for the 12 extraordinary service that you perform on 13 behalf of people locally and for all those 14 throughout the United States, but especially 15 reflecting on the service of people in blue. 16 All of us every minute should bear 17 in mind that when we see people who are out 18 there, they're out there prepared to literally 19 put their life on the line, out of love for 20 their neighbor and for others, each and every 21 day. And unfortunately, too many of them get 22 called to me that supreme sacrifice. 23 So, Mr. President, thank you, and 24 colleagues, thank you. And to everyone in law 25 enforcement, we thank you all, and God bless

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(518) 371-8910 1 you. 2 THE PRESIDENT: Senator Farley. 3 SENATOR FARLEY: Thank you, 4 Mr. President. 5 I also rise to speak to this 6 resolution with Senator Bruno. 7 In 2005, working with WGNA, we 8 started this organization to honor fallen 9 police officers. And this year it's taking on 10 a broader scope to honor everybody that serves 11 in the police business. And I think that's 12 very significant. 13 WGNA, the number-one radio station 14 in this area, has really done a great job with 15 this. And I'll be calling you -- 16 incidentally, I was going to introduce all of 17 these guys up there. You can all wave. 18 They're all up in the balcony. And I will be 19 calling the station to try to promote this, 20 because on Friday we're going to see what we 21 can do to raise even more money than we did 22 last year. 23 And this is a great organization, 24 but it honors every single police officer that 25 serves, and especially those that have lost

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(518) 371-8910 1 their lives in the line of duty. 2 It's my pleasure to support this 3 resolution and to wish everybody on Friday to 4 thank a police officer when you see him for 5 his service. 6 Thank you very much, Mr. President. 7 THE PRESIDENT: Senator Morahan, 8 on the resolution. 9 SENATOR MORAHAN: Thank you, 10 Mr. President. 11 I rise to congratulate COPS for 12 what they do for the families of police 13 officers, in particular those who have been 14 slain in the line of duty. 15 It's particularly moving to me, in 16 that my wife's father, a New York City police 17 officer, in 1935, on Fifth Avenue in the 18 Borough of New York, was killed in a holdup. 19 My wife was 18 months old, her sister was just 20 about 5, and her mother was in her late 20s. 21 Her dad, who was slain, was only 29 years old, 22 Patrolman James Killion. 23 I met my wife when she was 15. And 24 as we talked about our family background, she 25 told me when she was a little kid her mother

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(518) 371-8910 1 received $125 a month, and that was it, for 2 the loss of their dad. There were no special 3 programs. There were no special funds. The 4 mother raised those two children by herself, 5 as well as cared for her aging parents. She 6 worked all her life. 7 It seems to me that had 8 organizations like COPS and so many others 9 that have started since -- in particular, the 10 National Law Enforcement Association in 11 Washington, D.C., of which my wife is a 12 founding member -- and all of the other good 13 organizations and benefits that now come into 14 play, had they been available, maybe her life, 15 my wife's -- her sister's and her mom's -- 16 would have been totally different. 17 She explained to me she had 18 difficulty going through school, didn't 19 know -- every time she had to write down her 20 parents, to write down where it said "Father," 21 "deceased," she didn't know what it meant. 22 And she didn't realize till years later how 23 tough it was. 24 So I congratulate COPS for what 25 they do. I congratulate all of our law

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(518) 371-8910 1 enforcement people for what they do to keep us 2 safe. 3 And I commend all the families that 4 stand behind our law enforcement community to 5 give them support, and also for the anguish 6 they face just about every day, knowing that 7 their spouse, husband or wife, who go out to 8 protect our community, may or may not come 9 back. And those children of those officers 10 who may or may not ever see their dad or know 11 the love of a mother or father again. 12 So congratulations to COPS. I wish 13 you all the best. I think this resolution 14 recognizing your formation and all that you do 15 is a tribute to you and a sentiment from this 16 body. 17 Thank you, Mr. President. 18 THE PRESIDENT: This resolution 19 was unanimously adopted on January 30th, but 20 we thank Senator Bruno for bringing it back up 21 at this particular time. So this resolution 22 is already adopted. 23 We would therefore like to thank 24 all of those associated with COPS for the 25 appreciation day for all of those who serve in

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(518) 371-8910 1 the line of duty on February 9th, this coming 2 Friday. 3 And we particularly thank Senator 4 Morahan for his poignant remarks, which put 5 this entire opportunity that we've shared this 6 afternoon in perspective. 7 Senator Bruno. 8 SENATOR BRUNO: Mr. President, 9 can we offer everyone in the chamber the 10 opportunity to join in the resolution for 11 Trooper Baker and for this resolution, if 12 that's possible at this date. 13 And anyone that would like not to 14 be on, would you please just privately 15 approach the desk. 16 Thank you, Mr. President. 17 THE PRESIDENT: All the members' 18 names will be listed on this resolution. Any 19 of those who would decide not to be may report 20 so at the desk. 21 This is a procedural matter; we've 22 never had anyone indicate that in this type of 23 situation. 24 The resolution is adopted. 25 Senator Bruno.

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(518) 371-8910 1 SENATOR BRUNO: And, 2 Mr. President, I believe there is a resolution 3 at the desk, Number 261, by Senator Golden. I 4 would ask that its title be read. It's 5 already been adopted. 6 Thank you, Senator Golden. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: By Senator 10 Golden, Legislative Resolution Number 261, 11 commemorating the 92nd anniversary of the Boy 12 Scouts of America. 13 THE PRESIDENT: Senator Golden, 14 on the resolution. 15 SENATOR GOLDEN: Thank you, 16 Mr. President. 17 We talked about men and women in 18 uniform today that work hard across this state 19 and some of them that have perished. Well, 20 we're going to talk about another group of men 21 and women in uniform. 22 And many of these young men and 23 women in uniform go on to be police officers, 24 military leaders, CEOs of corporations, 25 leaders in education and physics, the medical

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(518) 371-8910 1 world. And these are our young Boy Scouts and 2 Girl Scouts of America, who have, for the past 3 hundred years, been a part of the fabric of 4 this great nation. This organization was 5 started in 1910 and given a charter by 6 Congress in 1916. 7 Scouting instills values in our 8 citizens of tomorrow, and its goal is to 9 create citizens that are physically, mentally, 10 and emotionally fit. And the Scout Law states 11 that a Scout is trustworthy, loyal, helpful, 12 friendly, courteous, kind, obedient, cheerful, 13 thrifty, brave, clean and reverent. 14 I have an 8-year-old who's a Cub 15 Scout, and he can't wait to go on Monday 16 nights. 17 And in this Boy Scout program that 18 we have here in this great state and across 19 this nation, there are almost one million 20 young men and women, 543,000 adult volunteers, 21 and over 50,000 teams or troops. 22 And this group here I'm about to 23 introduce here, and what this legislation is 24 all about, they not only work in this great 25 state but they also accepted a Peace Light

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(518) 371-8910 1 from Israel, which we had here last year and 2 again this year. And that Peace Light goes 3 around the world. And this troop was the one 4 that greeted it at Kennedy Airport and brought 5 it to the State of New York. 6 And I'm proud here to point to 7 these great individuals: a Cub Scout, Robert 8 Papandrea; our Eagle Scouts, Peter Inga and 9 Thomas Colasanto, and our Venturer, Caitlin 10 Long, all belonging to the Troop Group 99 of 11 St. Athanasius. 12 This is what our future is about. 13 It's about getting involved with our youth and 14 guiding them down a path that will be good for 15 them and good for this great city and this 16 great nation. 17 And I ask and open it up to all of 18 my colleagues to make sure that they too can 19 be part of this great resolution. 20 Thank you, Mr. President. 21 THE PRESIDENT: This resolution 22 was unanimously adopted on Tuesday, 23 January 30th. 24 And we will include all the names 25 of Senators on the resolution unless otherwise

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(518) 371-8910 1 indicated by the members. 2 And we congratulate the Troop 3 Group 99 and all concerned, and thank Senator 4 Golden for his words and the resolution. 5 That completes the Resolution 6 Calendar. And, Senator Skelos, what is your 7 pleasure? 8 SENATOR SKELOS: Mr. President, 9 if we could go to the noncontroversial reading 10 of the calendar. 11 THE PRESIDENT: The Secretary 12 will read the noncontroversial calendar. 13 THE SECRETARY: Calendar Number 14 4, by Senator Padavan, Senate Print 84, an act 15 to amend the Penal Law, in relation to the 16 definition of the term "retail value." 17 THE PRESIDENT: Read the last 18 section, please. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the first of 21 November. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE PRESIDENT: Results. 25 THE SECRETARY: Ayes, 54. Nays,

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(518) 371-8910 1 1. Senator Duane recorded in the negative. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 19, by Senator DeFrancisco, Senate Print 56, 6 an act to amend the Penal Law, in relation to 7 demonstrating. 8 THE PRESIDENT: Last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 55. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 20, by Senator Padavan, Senate Print 69, an 18 act to amend the Penal Law, in relation to 19 seizure and forfeiture. 20 THE PRESIDENT: The Secretary 21 will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the first of 24 November. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE PRESIDENT: Results. 3 THE SECRETARY: Ayes, 55. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 24, by Senator Morahan, Senate Print 122, an 8 act to amend the Penal Law and the Criminal 9 Procedure Law, in relation to fixing 10 sentences. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 8. This 14 act shall take effect on the first of 15 November. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE PRESIDENT: Results. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 24 are 21 Senators Dilan, Duane, Hassell-Thompson, 22 Montgomery, Parker and Perkins. Also Senator 23 Huntley. 24 Ayes, 48. Nays, 7. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 32, by Senator Young, Senate Print 378, an act 4 to amend the Criminal Procedure Law, in 5 relation to eligibility. 6 THE PRESIDENT: Last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the first of 9 November. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE PRESIDENT: The Secretary 13 will announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 32 are 16 Senators Duane, Hassell-Thompson, Huntley, 17 L. Krueger, Montgomery, Parker, Perkins, 18 Schneiderman, and Stewart-Cousins. 19 Ayes, 46. Nays, 9. 20 THE PRESIDENT: The bill is 21 passed. 22 That completes the noncontroversial 23 reading of the calendar. 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President,

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(518) 371-8910 1 is there any further business at the desk? 2 THE PRESIDENT: No, there is not. 3 SENATOR SKELOS: There being 4 none, I move we stand adjourned until Tuesday, 5 February 6th, at 10:00 a.m. 6 THE PRESIDENT: The Senate will 7 adjourn until Tuesday, February 6th, at 8 10:00 a.m., 10:00 a.m. 9 (Whereupon, at 3:57 p.m., the 10 Senate adjourned.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910