Wednesday, March 21, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 21, 2007 11 11:18 a.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 at 1118 hours. 4 Would all assembled please rise and 5 join me in reciting the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 THE PRESIDENT: For our 9 invocation today we are very honored to have 10 with us Father Edson Wood, OSA, United States 11 Corps of Cadets Chaplain, Most Holy Trinity 12 Chapel, West Point, New York. 13 CHAPLAIN WOOD: Thank you, sir. 14 Will you join me in prayer. 15 Almighty God, we pray that You 16 guide this great state and those who lead it. 17 Preserve our unity, save us from violence and 18 discord, from pride and arrogance. In the 19 time of our prosperity, temper our 20 self-confidence with thankfulness. And in the 21 day of trouble, let our trust in You never 22 fail. 23 Look too with your bounty on West 24 Point, which is to be honored here today. Let 25 her always remember that her mission of "duty,

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(518) 371-8910 1 honor, country" is not a way of looking only 2 at certain things, it's a certain way of 3 looking at everything. 4 Let this West Point Day be for all 5 of us a happy reminder and a serious 6 challenge, a reminder of past glory and a 7 challenge to keep our motives pure, our goals 8 high, and our vision clear. 9 Our prayer this day comes from 10 hearts that are open to You, Eternal God, and 11 we ask these things in Your name, which is 12 mighty. 13 Amen. 14 THE PRESIDENT: We're honored, 15 Father Wood. Thank you very much. 16 The reading of the Journal. 17 THE SECRETARY: In Senate, 18 Tuesday, March 20, the Senate met pursuant to 19 adjournment. The Journal of Monday, March 19, 20 was read and approved. On motion, Senate 21 adjourned. 22 THE PRESIDENT: Without 23 objection, the Journal stands approved. 24 Presentation of petitions. 25 Messages from the Assembly.

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Bruno. 8 SENATOR BRUNO: Mr. President, I 9 believe there is a privileged resolution at 10 the desk by Senator Larkin. I would ask that 11 it be read in its entirety and move for its 12 immediate adoption. 13 THE PRESIDENT: The Secretary 14 will read. 15 THE SECRETARY: By Senator 16 Larkin, Legislative Resolution Number 1095, 17 memorializing Governor Eliot Spitzer to 18 proclaim March 21, 2007, as West Point Day in 19 New York State. 20 "WHEREAS, This Legislative Body is 21 justly proud to celebrate the establishment of 22 the United States Military Academy at West 23 Point and to call upon Governor Eliot Spitzer 24 to proclaim March 21, 2007, as West Point Day 25 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 New York State, on the banks of the Hudson 5 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, Fifty-five years ago, the 4 late 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 March 21, 2007, as West Point 17 Day in New York State; now, therefore, be it 18 "RESOLVED, That this Legislative 19 Body pause in its deliberations to celebrate 20 the establishment of the United States 21 Military Academy at West Point and to 22 memorialize Governor Eliot Spitzer to proclaim 23 March 21, 2007, as West Point Day in New York 24 State; and be it further 25 "RESOLVED, That a copy of this

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(518) 371-8910 1 resolution, suitably engrossed, be transmitted 2 to the Honorable Eliot Spitzer, Governor of 3 the State of New York." 4 THE PRESIDENT: On the 5 resolution, the chair recognizes Senator 6 Bruno. 7 SENATOR BRUNO: Thank you, 8 Mr. President. 9 Chaplain, Father Wood, thank you 10 for your prayer and your good thoughts and 11 your good wishes. 12 And we want to just add a welcome 13 to Major General Taluto, who heads up our 14 naval and military affairs for New York State, 15 and who is a good friend of all of us, and 16 Brigadier General Patrick Finnegan, who leads 17 this very distinguished delegation with 18 officers and noncommissioned officers and the 19 really special people, the cadets from West 20 Point. 21 We here join with Senator Larkin -- 22 Colonel -- who has distinguished himself 23 throughout his whole career, as a soldier, as 24 an officer, a real hero. A hero in that 25 sense, but a hero here with the Senate and

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(518) 371-8910 1 representing his constituency and all the 2 people of New York State. So we thank Senator 3 Larkin for helping bring us together. 4 You are representative of people -- 5 and let me tell you, I speak for everyone here 6 when we indicate how proud we are. We look 7 forward to this day to have you here as 8 representatives of the most revered, devoted 9 institution dealing with military affairs in 10 the world throughout history, since your 11 founding. 12 Everyone knows West Point. 13 Everyone knows the heroes that have come out 14 of West Point, that have gone on. 15 And every single one of you, we 16 want to say from our hearts, are heroes. 17 You're special. You have been selected to be 18 where you are, and you had to overcome 19 obstacles that most of us couldn't overcome -- 20 not physically, not mentally, not emotionally. 21 So we want to thank you and tell you, truly, 22 we are honored. 23 We're very conscious of the fact 24 that people take freedom for granted. And we 25 in this country and in this state take freedom

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(518) 371-8910 1 for granted. But we couldn't be here if it 2 wasn't for the service of you and your 3 predecessors and the people throughout the 4 world who are in the military fighting so that 5 we can be here deliberating and people like us 6 all over the world, in a free society, 7 expressing our thoughts without intimidation. 8 So we thank you for everything that 9 you represent. 10 Thank you, Mr. President. 11 THE PRESIDENT: On the 12 resolution, Senator Larkin. 13 SENATOR LARKIN: Thank you, 14 Mr. President. 15 Thank you, Senator Bruno. 16 You know, this is a special day for 17 us, as Senator Bruno has said. We're honored 18 here to welcome the academic dean of the 19 United States Military Academy, the dean 20 having been appointed last year by the 21 president. It's a challenge. The cadets say 22 they wish that you would be a little more 23 lenient. 24 But, you know, just look at the 25 Corps of Cadets. The Corps of Cadets know

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(518) 371-8910 1 these statistics. We've had 50 members of the 2 Long Gray Line killed in Iraq. We've had two 3 United States presidents. We've had over 80 4 Medal of Honor winners, Heisman Trophy 5 winners. 6 But the most important thing is we 7 have men and women that have gone to the Long 8 Gray Line and have served our country in 9 peace, in war, converting into jobs in the 10 civilian industry, in government, and have all 11 shown the basic functions that they learned at 12 West Point. 13 We're truly honored when we start 14 to think about what they've done, where 15 they've come from. Someone said to me: "Well 16 wasn't there a West Pointer out in space?" 17 Yes, more than one. The first modular had Ed 18 White. 19 But think about all of the other 20 things that they've done. The nation's first 21 engineering school. When you start to look at 22 what has transpired in the 240 years that West 23 Point has been on the banks of the Hudson 24 River, you start to realize that it takes 25 talent to lead these gentlemen and ladies.

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(518) 371-8910 1 General Finnegan, a JAG officer, 2 the first academic dean from the JAG corps. 3 And those of us who have known of him are very 4 proud and honored that the President picked 5 him, because he has been a solid figure for 6 the academy. 7 The class of 1971, the 8 superintendent today is a Class of '71, and 9 his predecessor, General Lennox, is also a 10 member of the Class of '71. 11 But what do we have here? Look at 12 the spread of young men here. First time we 13 haven't had a couple of young cadet females -- 14 because they had a commitment that the First 15 Captain told me couldn't be changed. You 16 won't get back to Nebraska for a while. 17 Today we have some cadets from all 18 over. And what we'd like to do now is to 19 introduce you, the cadets. And please, as 20 your name is called, please stand that we can 21 recognize you. 22 The Cadet First Captain is Jon 23 Nielsen, of St. Paul, Nebraska. 24 (Applause.) 25 SENATOR LARKIN: Cadet Edward

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(518) 371-8910 1 "Chris" Beeler, from the great city of Albany. 2 (Applause.) 3 SENATOR LARKIN: Cadet Andrew 4 Byers, from Clarence. 5 (Applause.) 6 SENATOR LARKIN: Cadet Jack 7 Cooperman, from Hobart. 8 (Applause.) 9 SENATOR LARKIN: Cadet John 10 Corretti, from White Plains. 11 (Applause.) 12 SENATOR LARKIN: Cadet David del 13 Cuadro-Zimmerman, from Brooklyn. 14 (Applause.) 15 SENATOR LARKIN: Cadet Gerald 16 Gangaram, from Queens. 17 (Applause.) 18 SENATOR LARKIN: Cadet Hobin Lee, 19 from Rockaway Beach. 20 (Applause.) 21 SENATOR LARKIN: Cadet David 22 Richards, from Baldwinsville. 23 (Applause.) 24 SENATOR LARKIN: Cadet Matthew 25 Schiller, from Germantown.

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(518) 371-8910 1 (Applause.) 2 SENATOR LARKIN: Cadet Benjamin 3 Sylvester, from Poughkeepsie. 4 (Applause.) 5 SENATOR LARKIN: And Cadet Joshua 6 Taft, from White Plains. 7 (Extended applause.) 8 SENATOR LARKIN: You know, three 9 words that these cadets here and everybody in 10 the Hudson Valley associates with it. And I 11 remember when the Majority Leader was down 12 there with us. He was impressed, he told me, 13 because he remembered from his military days 14 the words "duty, honor, and country." 15 You never see Senator Bruno cry, 16 but when he saw those young cadets going by, 17 he turned to me and he said, "Bill, that's our 18 future. Those are the guardians of our 19 peace." 20 And these cadets will never forget 21 you, Senator. 22 But today we're looking at -- we're 23 looking at the future. Some of these young 24 men in six months will be on foreign soil, in 25 harm's way. The academic dean will tell you

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(518) 371-8910 1 that academically they're well qualified. The 2 commandment of cadets will tell you that they 3 are physically qualified. Father Wood will 4 tell you they are morally qualified. 5 We're honored. You are the best 6 and the brightest in the world. When people 7 talk about an educational facility, you can't 8 walk away from it. As my good friend the 9 chairman of Higher Education said, "What an 10 honor, what an honor to have the United States 11 Military Academy here in our back yard." 12 The best and the brightest of 13 America, chosen through a long process wherein 14 you were competing with tens of thousands. 15 Last year there were 23,000 applied for the 16 1400 seats. That goes to tell that that 17 incoming class of 2010 has really put together 18 a group of individuals -- not football stars, 19 not baseball stars, not basketball stars or 20 hockey stars, but stars of the future, 21 individuals who have made a commitment. 22 Every one of you could have gone to 23 any college in America because of your 24 qualifications. But you stood up and said, I 25 want to be a part of the greatest school in

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(518) 371-8910 1 America, I want to be a part of showing my 2 fellow citizens that I'm up to the charge of 3 leading and defending. And that's exactly 4 what they're doing. 5 Their challenge is not easy. It's 6 not simple. While some of us are still asleep 7 in the morning, as you and I know, they're out 8 running at 5:30. And they're studying late at 9 night. 10 What an honor it is for me to stand 11 here and welcome you. I'm very proud. I had 12 served for 23 years, and during 23 years I 13 never met a member of the Long Gray Line that 14 I was ashamed of. I found some of the best 15 and brightest. Some were my peers, some 16 superiors, some subordinates. But they always 17 had one thing in mind: Let's get the job 18 done. 19 That's not only true for you here 20 today, but across the world. One of your 21 latest famous grads, General Petraeus. Great 22 article yesterday in the New York Post; you 23 should read it. For those of you who don't 24 dare to question him, when he was in high 25 school he was named "Peaches." Very bright

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(518) 371-8910 1 gentleman. He married the superintendent's 2 daughter -- couldn't do better than that. 3 But I don't want to hold you up. 4 You have a lot of things to do here today, and 5 I'm sure there are other Senators who would 6 like to say something. 7 But you know, I live just outside 8 the gate at West Point. I'm there at least 9 once or twice a week. Why? I enjoy it. It 10 makes me feel comfortable. Makes me feel 11 comfortable when I can see the cadets, even 12 with the new garb that you wear, to know that 13 you are there and your intent is to finish and 14 go wherever you are called to go and that you 15 will respond in a manner that will make every 16 American proud. 17 You are the best, you are the 18 brightest. Go, Long Gray Line. 19 THE PRESIDENT: Thank you, 20 Senator Larkin. 21 On the resolution, Senator Smith. 22 SENATOR SMITH: Thank you very 23 much, Mr. President. 24 And to Senator Larkin, let me thank 25 you. Each year these young men and sometimes

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(518) 371-8910 1 young ladies come before us, and it's a 2 significant day. Not only significant because 3 it is always very special, but you have taken 4 the time to allow us to pause for a moment 5 from our normal legislative duties to 6 recognize the significance and the importance 7 of our armed services as well as the young men 8 and young women who have dedicated themselves 9 to that. 10 And I thank you for that, because 11 from time to time we forget. We actually 12 forget that beyond what we to here every day, 13 there's a reason why we can do this and why we 14 can do it feeling safe and not worrying. It's 15 because of what you do. So I thank you for 16 your constant reminder each and every year. 17 To Brigadier General Finnegan, to 18 Command Sergeant Major Bergman and Lieutenant 19 Colonel Cassella, let me also thank you as 20 well. Because the time and effort that you 21 take to make sure that these young men and 22 women understand the importance of serving 23 their country is critical to us. Because, 24 one, it allows us to be to sleep at night, 25 and, two, it allows us to know that there is a

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(518) 371-8910 1 future for the families that we are trying to 2 raise and protect by what we do here as a 3 legislative body. 4 To Chaplain Wood, prayer is 5 important. And I understand that, and many of 6 us understand that as well. But not as 7 important as it is to what you say to us each 8 and every day and the prayers that you place 9 amongst our heads. And I would ask that you 10 continue to do that and make them understand 11 how important it is to carry prayer and God 12 with them in all that they do. 13 To the young men, you are going to 14 serve us beyond the borders of this country. 15 But I also want to ask your help and challenge 16 you to help us as well with the young men and 17 women that live not only in this state but in 18 this country. 19 There is also a war going on with 20 our young men and women in this country. A 21 lot of them don't recognize what their purpose 22 is in life. They have not sought the time to 23 assess where they are going in terms of their 24 purpose in life. 25 You've had wonderful mentors. They

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(518) 371-8910 1 have helped you understand your purpose. And 2 I would only ask that you would look to serve 3 as mentors to some of the other young men and 4 women throughout this state and country who 5 have, for some reason or another, gone astray 6 and don't seem to understand that they too 7 have a purpose in life, and that purpose is to 8 do what they can to make sure society is 9 better, to make sure that they enjoy not only 10 their lives but fulfill their cycle and to get 11 in that cycle of life that they are supposed 12 to be into. 13 So I would ask Hobin Lee, who is a 14 sergeant, comes from Rockaway Beach, you have 15 a special assignment. 16 I would ask Gerald Gangaram, who 17 comes from Queens Village, you have a special 18 assignment. Not because of what you have done 19 in terms of West Point, but because as someone 20 who lives in the district that I've been 21 blessed to represent, I need your help with 22 those other young men and women in my district 23 who for some reason don't seem to understand 24 that there is a higher calling for them in 25 life.

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(518) 371-8910 1 You recognize that. It is obvious 2 by you being here today. When I walked over 3 to you, to Mr. Gangaram, Sergeant Gangaram, 4 Lieutenant Gangaram, you stood up with 5 professionalism, you stood up with respect. 6 When I talked to Sergeant Lee, he 7 stood up with respect and he said, "Yes, sir." 8 Now, some people will say that that's 9 old-fashioned. I say that's tradition and 10 respect. And that is what some of our young 11 people are lacking today. 12 So I want to again, Senator Larkin, 13 thank you. I want to thank all the officers 14 of West Point. But also to the young men, I 15 want to thank you for what you are doing but, 16 more importantly, I want to thank you for what 17 I believe you will do -- not only beyond these 18 borders, but what you will do to save some 19 other young men and women in this state and 20 this country. 21 Thank you and be blessed. 22 THE PRESIDENT: Thank you, 23 Senator Smith. 24 On the resolution, Senator 25 DeFrancisco.

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(518) 371-8910 1 SENATOR DeFRANCISCO: Thank you, 2 Mr. President. 3 I think it's a special time now at 4 West Point, and that is because the individual 5 who's the academic dean is a judge advocate. 6 For you who don't know anything about the 7 military, that means he's a lawyer. He's in 8 charge of the academics at West Point. I 9 think it's only fitting that that be mentioned 10 at this important day. 11 Having been in the Air Force as a 12 judge advocate, we share many experiences, I'm 13 sure. But to have him as a leading academic 14 person at West Point is really special, to me, 15 anyway. 16 Secondly, it's special today 17 because David Richards, from Baldwinsville, is 18 one of the cadets who's visiting us. One of 19 my best friends was one of his teachers. 20 And just to share those little 21 thoughts with someone, it really hits home 22 what we're doing here today. These are people 23 from our own back yards that had a choice. 24 They could turn their back on an opportunity 25 that is an incredible opportunity, but they

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(518) 371-8910 1 had that choice at a time when the nation is 2 at war. 3 How many of us -- think about it -- 4 how many of us would have really shied away 5 from this opportunity, for self-preservation 6 or for personal reasons? But they took it on. 7 You know, that's really 8 encouraging. Because there's so much 9 negativism going on in our communities and in 10 the world, actually. And to think there's 11 people of this character and integrity that we 12 have among us today. 13 So, Senator Larkin, again, thank 14 you for keeping this tradition alive. The 15 military has no stronger advocate. And we are 16 benefitting from their presence today. 17 And all I can say to all of you, 18 thank you for everything you have chosen, 19 thank you for what you're going to do, and 20 thank you for being the leaders in our country 21 when my grandchildren will be citizens and 22 relying on your leadership. Because that's 23 what we truly need in this nation today. 24 So thank you very much. 25 THE PRESIDENT: On the

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(518) 371-8910 1 resolution, Senator Bonacic. 2 SENATOR BONACIC: Thank you, 3 Mr. President. 4 I want to thank Senator Larkin for 5 his eloquent remarks. 6 Senator Morahan and I, along with 7 Senator Larkin, serve portions of Orange 8 County. And we are proud of the institution 9 of West Point, of all of the soldiers who have 10 come out of West Point and those that are 11 there. 12 On Monday, Private Kaiser, from 13 Narrowsburg, Sullivan County, a 27-year-old 14 young man, was killed in Baghdad, Iraq. That 15 is the sixth soldier from my district. And I 16 am sure that all of my colleagues have 17 soldiers that have made the ultimate 18 sacrifice. 19 So to the Kaiser family today, we 20 offer our condolences. We thank their son for 21 the ultimate sacrifice. 22 And I want to say, in conclusion, 23 that every soldier was a hero the day they put 24 the uniform on. Not when they went to war, 25 not when they were injured or killed -- the

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(518) 371-8910 1 day they put the uniform on. And we thank 2 you, all of you, for protecting America and 3 our way of life. 4 Thank you, Mr. President. 5 THE PRESIDENT: On the 6 resolution, Senator Wright. 7 SENATOR WRIGHT: Thank you, 8 Mr. President. 9 I too rise to join with my 10 colleagues in recognizing the young men and 11 women from Fort -- excuse me, from West Point. 12 I almost said Fort Drum, because I have the 13 honor and distinction of representing Fort 14 Drum. 15 And I had the privilege of spending 16 some time with your superintendent when Buster 17 Hagenbeck was assigned at Fort Drum. And I 18 can assure you that, unlike the chief 19 academic, who's a lawyer, your superintendent 20 is a warrior. And he proved that in his 21 tenure over in Afghanistan. He related that 22 story to us, and there are some wonderful 23 tales. 24 But more importantly, we're here to 25 recognize the young men and young women from

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(518) 371-8910 1 West Point who are here with us, those cadets 2 who will the future Buster Hagenbecks, the 3 leaders of the United States Army. 4 And I too want to recognize my 5 colleague to the right, Colonel Larkin, who 6 could not be a more passionate, articulate 7 advocate for the United States Army in this 8 state or anywhere else in this nation. You 9 can be proud that he served with many of your 10 officers and leaders. We are. 11 There isn't a week that doesn't go 12 by in my community, home to the Tenth, that we 13 are constantly encountering young men and 14 young women either returning from deployment 15 or being prepared for deployment, dealing with 16 hardships that that imposes upon their 17 families. 18 At the same time, as you go through 19 those experiences, you could not be more proud 20 of the men and women wearing the uniforms of 21 this nation, the pride that they take in 22 serving this country, the pride in their 23 mission, the pride in their duty, and the 24 pride in serving to protect the citizens of 25 this state, this country, and their families.

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(518) 371-8910 1 So my hat is off to you. I look 2 forward to some of you someday being assigned 3 or rotating through Fort Drum. You will find 4 it's one of the finest duty assignments that 5 you will have. 6 But more importantly, it's an 7 opportunity, when you come here once a year, 8 to recognize your commitment to all of us. On 9 our behalf, thank you. 10 THE PRESIDENT: Thank you very 11 much, Senator Wright. 12 On the resolution, the chair 13 recognizes Senator Leibell. 14 SENATOR LEIBELL: Thank you very 15 much, Mr. President. 16 First I want to respond to Colonel 17 Larkin. He's making the assumption that I'm 18 not up at 5:30 in the morning running. 19 (Laughter.) 20 SENATOR LEIBELL: I don't know 21 where he gets his information from, General. 22 I chair the Committee on Veterans, 23 Homeland Security and Military Affairs. And I 24 am immensely pleased, as my colleagues are, to 25 have you once again in Albany. This has

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(518) 371-8910 1 become quite a tradition, as was noted, over 2 the course of many years now. 3 As chairman of this committee I can 4 tell you it's been my great honor to have 5 worked with veterans and active-duty members 6 of our armed forces from all of our branches. 7 And we're particularly blessed in this nation 8 and in our great state to have West Point. 9 Literally, you are and have been 10 the tip of the spear. As our country has gone 11 through challenging times and will continue to 12 do so, it is a great comfort not only for our 13 President and Commander-in-Chief but for all 14 of our citizens to know that Long Gray Line 15 continues. 16 You will be going into harm's way, 17 without doubt. And we respect you for your 18 commitment to our nation, to our nation and 19 its allies. We thank you and honor you for 20 your service, as we do for all those who have 21 served in the past. 22 And I might say, as a former Naval 23 officer: Go, Army. 24 THE PRESIDENT: On the 25 resolution, Senator Adams.

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(518) 371-8910 1 SENATOR ADAMS: Thank you, 2 Mr. President. I too rise in support of this 3 resolution. 4 Clearly we sit in the shade of the 5 tree of freedom because a military person 6 planted that seed many years ago with their 7 blood. And we have a belief that freedom is 8 cheap. And I have great pleasure to be here 9 as a State Senator and give acknowledgment to 10 West Point. 11 And I join my colleague Senator 12 Leibell: I'm excited and enthused at being 13 the ranking member on Veterans Affairs, 14 because you and I both share that desire of 15 making sure that our young men and women who 16 fight abroad can come home and not have to 17 fight an additional war for some of the basic 18 benefits and things they desire. 19 One of the most difficult things 20 for me was when my two relatives left to go 21 fight in Iraq. And upon returning, my young 22 nephew, Steven Victor Cruz, told me how, being 23 in the Marines, he had to soften the beach. 24 He had the responsibility of making sure, as 25 those military persons returned or fought,

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(518) 371-8910 1 they had an easier time to go into those 2 difficult countries. 3 We have a responsibility here. And 4 I want to say to our West Point young men and 5 women, we are your Marines. No matter which 6 side of the aisle we sit on, we are consistent 7 in not being a detached spectator in this 8 full-time battle of fighting for what's right 9 for you. We're going to soften the beach for 10 you here in America to make sure your VA 11 benefits are protected, to make sure when you 12 come back home you don't have to fight and 13 rebuild those things that you fought for 14 abroad. 15 I support this, and I believe 16 wholeheartedly that we have a responsibility 17 for our men and women that are fighting for 18 our freedom here in America, that we fight for 19 their treatment and rights here at home. 20 THE PRESIDENT: On the 21 resolution, Senator Breslin. 22 SENATOR BRESLIN: Thank you, 23 Mr. President. 24 Each year when West Point Day is 25 planned so ably by Senator Larkin, it gives us

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(518) 371-8910 1 a time to reflect what we do. Because we 2 worry about what we do, are we planning 3 properly for the future. And when we look at 4 the young men and women from West Point and 5 see them and talk to them and know what their 6 future is about, we know that our future is 7 also safe. 8 And I also rise to single out Chris 9 Beeler, who's from my district and who's doing 10 so well at West Point. 11 And finally it gives me, every 12 year -- there's one day of the year that I say 13 something nice about one of my brothers. 14 That's not on his birthday, it's on West Point 15 Day. 16 And in the back, County Executive 17 Mike Breslin, of Albany, who's Class of '61 18 and then went to jump school, Rangers school, 19 jungle warfare school, air transportation 20 school, and ended up as a major in the 21 airborne infantry in Vietnam. 22 And he only knows it this day that 23 I still look up to him for all of his 24 accomplishments. But it was his 25 accomplishments then and not now.

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(518) 371-8910 1 Thank you, Mr. President. 2 (Laughter.) 3 THE PRESIDENT: Thank you, 4 Senator Breslin. 5 On the resolution, Senator Morahan. 6 SENATOR MORAHAN: Thank you, 7 Mr. President. 8 I too thank our young cadets for 9 their service and what they're about to do in 10 the near future. 11 As a neighbor of West Point, I 12 travel through that facility reasonably often. 13 And for those of our Senators here who are 14 spectators, who have never had the opportunity 15 to visit West Point, it's an experience that 16 will never leave you. 17 The awe that emanates from the 18 cannon that looks over the Hudson, the 19 cemetery that holds veterans and people who 20 died in service of this country, back to the 21 Revolutionary War, the Civil War, the Buffalo 22 soldiers, all of those who have served through 23 the years and lie in rest overlooking the 24 beautiful Hudson River. 25 And for all of the young people who

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(518) 371-8910 1 have passed there and through that academy and 2 gone on to glory -- the statues of General 3 Patton, who had the Third Army, an army which 4 I served in for a short period of time. 5 It is truly amazing the sense that 6 you walk away of such a deep American 7 tradition. It makes one so proud to be a 8 citizen of this country and know, when you see 9 the young men and women walking those grounds, 10 that they are keeping this country the freest 11 and the safest nation on the face of the earth 12 in the history of civilization. 13 I envy you because now you belong 14 to the Point. You will never be less than 15 part of the Long Gray Line. So many have gone 16 before you -- Pershing, MacArthur, all who sat 17 as cadets in that great institution. 18 And I would just advise anyone who 19 has not been there to get there to see what 20 these young people go through. On a Saturday 21 parade as they unfold the flags, as they march 22 in great step across the great Plain, and you 23 hear those beautiful drums and the great 24 hymns, it makes one wonder why we, as young 25 people, didn't recognize the opportunity that

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(518) 371-8910 1 is there for those young people and that they 2 are so lucky and so blessed to be part of that 3 tradition. 4 But you pay a price for that with 5 your code of honor, all the rigors of getting 6 through the four years, Beast Barracks, all of 7 those experiences that make you what you are 8 today. 9 And we thank you for volunteering. 10 We thank you for what you're going to do. And 11 we salute you and God bless you. 12 Thank you, Mr. President. 13 THE PRESIDENT: On the 14 resolution, Senator Krueger. 15 SENATOR LIZ KRUEGER: Thank you. 16 I rise today to thank all of you 17 young men, and your women colleagues as well 18 back at West Point, for the work that you are 19 doing. 20 And I am proud to say that my young 21 cousin was a West Point graduate in 2002, 22 Andrew Gordon. He's a captain in the 101st 23 Airborne now. 24 And many of my colleagues have 25 spoken so eloquently about the importance and

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(518) 371-8910 1 the history of West Point and all that you can 2 be proud of. And I know that I am proud of 3 Andy, who comes to visit in between his trips 4 abroad. 5 And we've talked about the fact 6 that unfortunately we may be sending you into 7 harm's way. I hope we're not, but I suspect 8 we are. 9 We are a young democracy; we are a 10 fragile democracy. The history of West Point 11 is extraordinary. And I tell you, as young 12 people, that I look to you for your leadership 13 to help direct our country in your futures to 14 make the right decisions, even though so many 15 of them are tough and the decisions that you 16 will be taking on as graduates of West Point 17 will be so difficult. 18 But I know, because of the 19 unbelievable training that you receive and the 20 great history of West Point, that you will be 21 well-prepared to make the decisions that 22 affect not only your lives and the men and 23 women who may be reporting to you but the 24 democracy of this country. 25 So I thank you, and I respect you.

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(518) 371-8910 1 And I'm so glad that we take time off here in 2 the New York State Senate each year to welcome 3 you here and to share our support for being so 4 proud to have West Point be the great 5 institution it is here in New York State. 6 Thank you very much. 7 THE PRESIDENT: Thank you, 8 Senator Krueger. 9 On the resolution, all those in 10 favor please indicate by saying aye. 11 (Response of "Aye.") 12 THE PRESIDENT: Louder. 13 (Response of "Aye.") 14 THE PRESIDENT: Opposed, nay. 15 (No response.) 16 THE PRESIDENT: The resolution is 17 adopted. 18 (Applause.) 19 THE PRESIDENT: Senator Bruno. 20 SENATOR BRUNO: Mr. President, 21 thank you. And colleagues, with your 22 unanimous consent, I would ask Brigadier 23 General Finnegan to share some thoughts with 24 us at this time. 25 Thank you, General. Thank you,

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(518) 371-8910 1 Mr. President. 2 THE PRESIDENT: Without 3 objection, we would ask that Brigadier General 4 Finnegan join us and offer a few remarks to 5 all the members and others assembled. 6 General. 7 GENERAL FINNEGAN: Lieutenant 8 Governor Paterson, Senator Bruno, Senator 9 Larkin, members of this distinguished Senate, 10 thank you for having us up here again. All of 11 us at West Point appreciate West Point Day in 12 Albany. 13 I bring you greetings from the 14 Superintendent, Lieutenant Governor Buster 15 Hagenbeck, who wishes he could be here today. 16 Unfortunately, he's recovering from both 17 rotator cuff surgery and pneumonia, so he's 18 not able to be here. 19 I have a connection with New York. 20 I didn't grow up in New York, but I went to 21 West Point. My dad -- I'm not sure I'm 22 allowed to say this in this assembly -- grew 23 up in New Jersey. 24 (Laughter.) 25 GENERAL FINNEGAN: But he was a

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(518) 371-8910 1 staunch New York Yankees fan, and so I am a 2 lifelong Yankees fan as well. 3 (Applause.) 4 GENERAL FINNEGAN: My better 5 connection to this state is that I had the 6 good fortune to marry a New York girl. 7 (Applause.) 8 GENERAL FINNEGAN: My wife, Joan, 9 was born in Brooklyn, raised in Long Island, 10 and went to college in Syracuse. 11 I have to tell you that our 12 relationship had somewhat of a rocky start 13 when at Super Bowl III she insisted that the 14 Jets, her team, would beat my team, the Colts. 15 (Laughter.) 16 GENERAL FINNEGAN: Somehow we 17 endured, and we will celebrate our 36th 18 anniversary this June. 19 The army has a strong presence in 20 New York and greatly appreciates the 21 tremendous support provided by the 22 Legislature, by the towns and communities and 23 families that support our mission in so many 24 ways, to include military service. 25 This year the army must put 84,000

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(518) 371-8910 1 young men and women in boots to serve in the 2 active component and 26,500 to serve in the 3 reserves. And New York continues to help us 4 meet those accession requirements. Since the 5 start of this year, more than 2,000 6 New Yorkers have raised their right hand and 7 agreed to help fight the global war on terror 8 as active-duty soldiers. Another 700-plus 9 have agreed to do so as members of the Army 10 Reserve. 11 There are two major military 12 installations in New York. We've talked about 13 both of them a little this morning, Fort Drum 14 and West Point. And General Hagenbeck, our 15 superintendent, has had the privilege to 16 command both of them. 17 Right now there are over 17,000 18 soldiers stationed at Fort Drum. This number 19 doesn't represent the people who are always 20 there, because many of them are currently 21 deployed far from Fort Drum in harm's way. 22 And with those soldiers there are almost 23 15,000 family members also at Fort Drum. 24 West Point is a slightly smaller 25 installation. Military personnel and family

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(518) 371-8910 1 members are just under 4,000. That's without 2 the 4,000 cadets we have. There are about 3 1,071 military members at West Point. 4 We thank you for the support you've 5 provided throughout our time at West Point and 6 the support you continue to provide. 7 We may be a smaller installation at 8 the academy, but our mission is large. It's 9 to educate, train and inspire the Corps of 10 Cadets so that each graduate is a commissioned 11 leader of character committed to the values of 12 duty, honor and country and prepared for a 13 career of professional excellence and service 14 to the nation as an officer in the United 15 States Army. We are a leader development 16 institution. 17 The academy could not accomplish 18 this mission without the continued support of 19 the New York Legislature and the surrounding 20 communities outside our gates. We work hard 21 to be good neighbors and friends. There are 22 4,320 members of the Corps of Cadets, from all 23 50 states and 34 nations around the world. 24 Three hundred twenty-four New Yorkers are in 25 the corps, 271 men and 53 women. And today,

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(518) 371-8910 1 along with Cadet Jon Nielsen, the First 2 Captain, a proud Nebraskan, we've traveled to 3 Albany with 11 cadets from the Empire State, 4 from cities and suburbs, small towns, 5 farmlands and rural areas. 6 Several of them have been 7 introduced, but I'd like to share a little bit 8 more information on this group of three 9 firsties -- that's seniors -- and eight 10 cows -- those are juniors. 11 Nearly every one of them comes from 12 a family that includes military veterans. 13 Most have grandfathers who fought in 14 World War II or Korea. Each of them has 15 racked up a few semesters on the dean's list, 16 with half of them being on the dean's list 17 every semester while they've been at the 18 academy. That's a strong testament to the 19 New York school system. 20 You've heard -- and when you meet 21 them you'll know -- that they're involved in a 22 variety of activities, from intercollegiate 23 athletic teams to club sports to community 24 service in programs like Big Brothers and Big 25 Sisters.

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(518) 371-8910 1 Here are a couple of other 2 interesting points. Chris Beeler is here from 3 Albany; he was introduced. And it's a good 4 thing we brought him along, because the bus 5 driver got lost. 6 (Laughter.) 7 GENERAL FINNEGAN: Chris was able 8 to redirect the bus so that the cadets 9 actually arrived here at the State Capitol. 10 David del Cuadro-Zimmerman spent 11 last summer working with the NYPD. 12 Joshua Taft spent last semester in 13 Chile, studying abroad pursuing language and 14 cultural-immersion goals. 15 Hobin Lee's brother is a second 16 lieutenant, and his father served as a captain 17 in the Republic of Korea's army. 18 Ben Sylvester's brother just 19 enlisted in the Army as a member of the 20 Special Forces. 21 And there are some other facts as 22 well. Dave Richards once played blackjack 23 with NBA star Carmelo Anthony. And Dave 24 Gangaram once owned a version of KITT, Knight 25 Industries Three Thousand, a car from the

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(518) 371-8910 1 1980s show Knight Rider, complete with red 2 scanning light, automatically opening doors, 3 internal monitors, and even limited speech 4 abilities. It's often those extra facts that 5 make it even more interesting. 6 Our cadets, these cadets and all 7 4,320 of them, are what many call the next 8 "Great Generation." Their desire to serve 9 something larger than themselves -- in this 10 case, our nation in a time of war -- echoes 11 the actions of those who have served before 12 them. They understand service, and they 13 understand sacrifice. 14 New York has a rich history of 15 military service. Many New Yorkers have 16 served with valor and distinction, and some 17 have given up their lives in this long war. 18 We're proud of all of them and sorrowful for 19 the families who have suffered the losses. 20 We believe that leaders are made, 21 not born. That's what we do at West Point, 22 with the wonderful young men and women who 23 come there from your communities. We 24 challenge them every day, physically and 25 intellectually, to achieve excellence. We

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(518) 371-8910 1 instill in them the virtues of duty, honor and 2 country, to produce leaders of character for 3 our soldiers and nation. We bring in the best 4 and brightest to do this, and I want to tell 5 you about two of them. 6 One is a young man named Scott 7 Cassidy. He's West Point Class of 2005. I 8 happened to teach him when he was a cadet. 9 When he was there, he was captain of the men's 10 volleyball team. His older sister Mary is 11 also a lieutenant in the Army; she's an ROTC 12 graduate. His youngster sister Eileen is 13 currently a firstie; she is going to graduate 14 in two months. She was captain of the women's 15 volleyball team. 16 After Scott graduated in 2005 and 17 went through some initial training, he joined 18 the 101st Airborne Division, which was 19 deployed to Iraq. After Scott had been there 20 with his platoon as a platoon leader for three 21 months, he had earned three Purple Hearts. 22 He and I have stayed friends, and 23 he spent me and a bunch of other people an 24 email describing what he was doing as a 25 platoon leader in Iraq. And I think you

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(518) 371-8910 1 should hear this. 2 He said: "Last month hit our 3 company hard, and we're still feeling the 4 effects of it. We lost two soldiers at the 5 start of the month as the battalion increased 6 our target list. I've now been wounded 7 twice" -- this was before his third wound -- 8 but that makes me part of the majority in my 9 platoon, with nearly every soldier holding a 10 Purple Heart. 11 "We're running missions constantly, 12 hoping to drive the enemy out of our sector as 13 we prepare to turn this over to the Tenth 14 Mountain Division. My platoon took part in 15 multiple air assault mounted and dismounted 16 missions that led to the capture of several 17 key terrorist leaders. It was a rewarding 18 experience but exhausting at the same time. 19 "At one point we spent 23 days 20 outside the wire trying to meet the demands of 21 the fight. That's 23 days without a shower, 22 in the same clothes, eating the exact same 23 packaged meals. We sleep on sheets of plywood 24 and the guys pull guard even when we rest. 25 Every day they enter the most dangerous

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(518) 371-8910 1 neighborhoods that our world has to offer, and 2 they do so without question and without fear. 3 I must say that I am proud to and honored to 4 call myself a leader in this platoon. I can't 5 imagine a more rewarding experience. 6 "If you watch the news, you know 7 that the greater Baghdad area is in turmoil. 8 We are spread thin, but we are getting the job 9 done. The television highlights every 10 explosion and loss of life, but you miss what 11 we do. You miss my soldiers giving water and 12 food to local nationals. You miss my soldiers 13 giving the little kids high-fives and soccer 14 balls. You miss my soldiers placing sewer 15 systems and rebuilding roads. You miss my 16 medic treating the locals for injuries. 17 "The news shows death, murder and 18 violence, but daily I see smiles, hard work 19 and hope. Is the area in turmoil? Yes. Is 20 it lost? No. And every day American soldiers 21 bring hope to these people. You won't see it 22 in the morning paper or evening news, but I'm 23 telling you it's here. I know; I am seeing it 24 and I am doing it. 25 "I miss everyone and look forward

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(518) 371-8910 1 to coming home. Know that your Army is making 2 you proud to be an American." 3 There's another young man -- 4 (Standing ovation.) 5 GENERAL FINNEGAN: I accept that 6 applause on behalf of Scott Cassidy and all of 7 the other young men and women who are doing 8 wonderful things. 9 There's another young man I want to 10 tell you about. His name is also Scott, 11 Scotty Smiley. He's a captain in the Army. 12 He's a West Point graduate from the Class of 13 2003. 14 And about two years ago, in 15 April 2005, he was in Mosul, Iraq, when an IED 16 exploded, gave him a severe head wound, and he 17 lost his eyesight. Now, of course most times 18 in the past that would mean that he would be 19 medically retired from the Army, separated 20 from the Army. 21 During his recovery at Walter Reed, 22 Scotty was told by doctors that his Army 23 career was over. But he pleaded to stay on 24 active duty, wanting to fulfill the obligation 25 that he taken on when he graduated in 2003.

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(518) 371-8910 1 And after a determined fight and 2 some help from people in high-ranking places, 3 the Army retained Scotty as part of the 4 Wounded Warriors Program. He's been serving 5 at Fort Monroe. 6 And last summer, at the invitation 7 of Coach Mike Krzyzweski of Duke University, 8 West Point Class of 1969, Scotty even provided 9 some words of inspiration for the USA 10 Basketball Team. You may have seen that in a 11 short feature that ESPN did as Scotty talked 12 with Dwyane Wade and Shane Battier and others 13 on the Sports Center segment. 14 Scotty has learned to use his 15 computer, he's skied in Colorado, he's 16 skydived, and he's tried to take on a normal 17 life, although for him life is always going to 18 be extraordinary. He came up to West Point 19 several months ago, and with his company 20 commander, the man who was his company 21 commander -- also a West Point graduate -- 22 when this injury occurred, they taught a class 23 on leadership and what it meant to lead 24 soldiers in combat and what it meant to 25 undergo that experience.

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(518) 371-8910 1 Scotty wants to stay in the Army, 2 and one of his mentors asked him, "What do you 3 want to do?" And he said, "What I'd really 4 like to do, if I could do anything, is teach 5 at West Point." 6 It's a little bit unusual; he 7 hasn't gotten as much time in service as most 8 of our instructors do. But we jumped at the 9 chance, of course, to get him back. 10 So he is going to start graduate 11 school in the fall, right about the time that 12 his first child is born. He's going to go to 13 Duke University, get a graduate degree there, 14 and in the fall of 2009, Captain Scott Smiley 15 will come back to West Point and call a class 16 to attention, and he'll teach them leadership 17 and he'll teach courage and determination and 18 he'll teach them life. 19 He's going to educate and inspire, 20 and without a doubt every cadet who steps into 21 his classroom will get a new perspective on 22 what it means to toss their white hat in the 23 air and take an oath and serve their country. 24 What West Point has done, what 25 we're privileged to do is to prepare the next

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(518) 371-8910 1 generation of Scott Cassidys and Scotty 2 Smileys. And you see some of those young men 3 who are here today. 4 I urge you to come see us, come 5 visit us. Come visit your academy, talk to 6 our cadets. They'll inspire you as they 7 inspire me and all of us who are at West 8 Point. 9 Thank you very much. And go Army. 10 (Standing ovation.) 11 THE PRESIDENT: Thank you, 12 General. 13 Would you please extend our prayers 14 and best wishes to Lieutenant General 15 Hagenbeck for his speedy recovery. 16 And would you please extend to your 17 wife, Joan, my memory of January 12, 1969, 18 when the world champion New York Jets 19 destroyed your Baltimore Colts. 20 (Laughter.) 21 THE PRESIDENT: Senator Bruno. 22 SENATOR BRUNO: Mr. President, 23 can I suggest that we add everyone's name here 24 in the chamber to this resolution unless they 25 approach otherwise.

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(518) 371-8910 1 THE PRESIDENT: We will place the 2 names of all Senators on the resolution. Just 3 ceremonially, we have to say that if anyone 4 didn't want to be -- and no one does -- that 5 they would come up to the desk and indicate 6 so. Everyone is on the resolution. 7 So to all of you members of the 8 United States Military Academy, it is an honor 9 and a pleasure to have you in the chamber. 10 I would want all of you to know 11 that 42 years ago today, there was a very 12 dangerous and foreboding event in American 13 history when there was a civil rights march 14 from Selma to Montgomery, Alabama. After that 15 march, one of marchers was killed. But 16 because of the intervention of the National 17 Guard, the marchers actually were able to go 18 through that period without injury. 19 There was a young colonel who led 20 the National Guard march from Selma to 21 Montgomery who is in this chamber with us 22 today. You know him as Senator Bill Larkin. 23 (Applause.) 24 THE PRESIDENT: Thank you. Thank 25 you for joining us. Thank you for your

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(518) 371-8910 1 service to this country. 2 Senator Bruno. 3 SENATOR BRUNO: Mr. President, I 4 believe we are privileged to have the parents 5 of Cadet Chris Beeler here, Ed and Sarah. 6 And just recognize the sacrifice 7 that parents make when their sons and 8 daughters are removed from the family, 9 voluntarily, willingly, after they've raised 10 their children and offer them to the rest of 11 the world for all that they stand for. 12 So we're indebted to them. And 13 would they stand and be recognized? Thank 14 you. 15 (Applause.) 16 SENATOR BRUNO: And, 17 Mr. President, can we at this time take a few 18 moments and be at ease while the general and 19 the cadets and the officers go to their next 20 appointment. 21 THE PRESIDENT: The Senate will 22 stand at ease. 23 (Whereupon, the Senate stood at 24 ease at 12:15 p.m.) 25 (Whereupon, the Senate reconvened

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(518) 371-8910 1 at 12:17 p.m.) 2 THE PRESIDENT: The Senate will 3 come to order. 4 The chair recognizes Senator Bruno. 5 SENATOR BRUNO: Mr. President, 6 can we return to reports of standing 7 committees. 8 I believe there's a report at the 9 desk of the Finance Committee. I ask that it 10 be read at this time. 11 THE PRESIDENT: The Secretary 12 will read the report of the Finance Committee. 13 THE SECRETARY: Senator O. 14 Johnson, from the Committee on Finance, 15 reports the following nominations. 16 As Commissioner of the Department 17 of Health, Richard F. Daines, M.D., of 18 New York City. 19 THE PRESIDENT: Senator Johnson. 20 SENATOR OWEN JOHNSON: Move the 21 nomination. 22 THE PRESIDENT: Senator Hannon. 23 SENATOR HANNON: Thank you, 24 Mr. President. 25 I was getting quizzed about the

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(518) 371-8910 1 progress of the state's health budget by a 2 reporter. 3 I am very honored to be able to put 4 forward for confirmation by the Senate the 5 nomination of Dr. Richard F. Daines to be 6 Health Commissioner of the state. 7 Dr. Daines is a product of the best 8 that the state has for educating doctors. A 9 graduate of Cornell Weill Medical College, he 10 served as medical director and then as chief 11 of the institutions both at St. Barnabas and 12 St. Luke's, major facilities in the City of 13 New York. 14 I think in terms of the 15 confirmation, he came before both the Health 16 Committee and the Finance Committee, has been 17 recommended. 18 And he made a very telling 19 statement about his background. He said when 20 he first walked into the Health Department in 21 the beginning of February of this year, as a 22 commissioner-designate, that he was walking 23 into an institution that wasn't a hospital for 24 the first time in a long time in his adult 25 life.

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(518) 371-8910 1 So he is a product of delivering 2 healthcare in this state. He comes at a time 3 when it's an exciting new look at what we're 4 going to do for healthcare in this state. 5 And he comes as the product, by the 6 way, of a family dedicated to medicine. His 7 father and mother have come here from Utah. 8 His father is a physician, had also been 9 involved in local government. He is 10 accompanied, I believe, by his brother and by 11 his sister. His brother is the saving grace 12 in the family: I think the only nonphysician. 13 He's a lawyer. So we welcome that. And he 14 has a son who is in medical school right now 15 in New York. 16 And just -- we had a meeting this 17 morning in Finance, and the family and 18 Dr. Daines have been waiting. And I'm glad 19 you have seen what you've just seen about West 20 Point, because that's also part of the 21 diversity and richness of this state. And 22 with probably one of the finest set of 23 speeches I have ever seen at West Point Day in 24 the history of this chamber. 25 I put forward Dr. Daines's

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(518) 371-8910 1 nomination before this body with a full 2 recommendation. There is a challenging period 3 ahead. This is a gentleman who is 4 well-equipped to meet that challenge. He has 5 already experienced, through the rich 6 questioning by the members, both sides of the 7 aisle in both committees, their concerns, 8 their hopes. And I think he comes in now with 9 a sense of the policymaking and the 10 seriousness of deliberation of this body as we 11 approach healthcare in all its different 12 aspects. 13 Thank you, Mr. President. 14 THE PRESIDENT: On the 15 nomination, Senator Saland. 16 SENATOR SALAND: Thank you, 17 Mr. President. 18 Mr. President, I rise to second 19 Dr. Daines's nomination. 20 In all candor, it's only recently 21 that I've had the good fortune of meeting 22 Dr. Daines. He was kind enough to stop by and 23 visit with me a matter of several days ago, 24 extending me the courtesy inasmuch as he has a 25 residence in my district.

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(518) 371-8910 1 But I also had the good fortune of 2 having the opportunity to hear him testify in 3 the Finance Committee earlier this morning. 4 A resume certainly is a measure of 5 an individual, but it's not by any stretch of 6 the imagination a true measure of any 7 individual. And while it would be certainly 8 an understatement to say that Dr. Daines' 9 resume is extraordinarily impressive, the rich 10 history he has of commitment to the healthcare 11 system, particularly his extensive work with 12 one or another hospital and its administration 13 over the course of the past couple of decades, 14 in and of itself stands as testimony to his 15 qualifications. 16 However, I found even more 17 impressive his responses and his general 18 comments during the course of the questions 19 that he was taking. I learned, for example, 20 that for a number of years he had given 21 physicals to Boy Scouts as part, I guess, of 22 some summer position that he might have had 23 assisting some camp or Boy Scout activity. 24 I got the impression that this was 25 a man who certainly understood the needs not

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(518) 371-8910 1 merely of hospitals but of primary care and is 2 very much concerned about the entire spectrum 3 of the delivery of healthcare. 4 I would say that perhaps, if I 5 understood his comments correctly, there was 6 some comment having to do with litigation. 7 This may be a sibling rivalry thing. But you 8 made it clear that litigation is nothing that 9 you are particularly interested in. I'll let 10 you work that out with your brother. 11 I do wish you well, because your 12 success will in very large part be a measure 13 of our success. We thank you for accepting 14 this rather extraordinary responsibility. 15 I've always pointed to the 16 education and health portions of the budgets 17 as being the gorillas of our state budgets. 18 And perhaps it's my own parochial selfishness; 19 chairing the Senate Education Committee, I've 20 referred to education as the 800-pound 21 gorilla, followed closely by the 799.5-pound 22 gorilla, the healthcare system. 23 So please do well so we can all 24 revel in your success and perhaps, in turn, 25 make us look well by your accomplishments. I

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(518) 371-8910 1 wish you all the best. 2 THE PRESIDENT: On the 3 nomination, Senator L. Krueger. 4 SENATOR LIZ KRUEGER: Thank you, 5 Mr. President. 6 I rise also to second the 7 nomination of Dr. Daines, who I'm proud is a 8 constituent of my district. I guess we'll be 9 sharing him, Senator Saland and I, now. 10 Today is West Point Day, so we all 11 just got up and talked about the importance of 12 our pride in the West Point cadets and their 13 defense of our nation. And in fact, I would 14 just stand here and say that I want to thank 15 Dr. Daines for being the defender of our 16 public health and the fact that it is a 17 critical issue for all 19 million New Yorkers. 18 As he knew before he accepted 19 Governor Spitzer's request to become the 20 commissioner and clearly learned more about in 21 the last two days of questioning, it is a 22 challenging assignment. It is a demanding 23 responsibility. We have so many issues we 24 must confront, to assure that our elderly are 25 assured the best public health that can be

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(518) 371-8910 1 provided to them, our children, all of us in 2 between. 3 We have problems almost at every 4 level in our hospital system, in our access to 5 healthcare, in our health insurance issues, in 6 our improving on our delivery of healthcare to 7 all New Yorkers, on ensuring that we focus our 8 dollars most effectively to the most tested 9 and true practices of medicine, that we ensure 10 that no matter what part of the state you live 11 in, what ethnicity you have, what economic 12 stature you or your family are in, that 13 everyone has the access to the best healthcare 14 we can provide. 15 And the fact that Dr. Daines has 16 committed his life, clearly from his resume 17 and from his discussions with so many of us, 18 to improving on the public's health is 19 equivalent, to me, of the people that commit 20 their lives to our country's defense. 21 So I know that you are here with 22 your family; I had an opportunity to chat with 23 them briefly. And I'm just so delighted to be 24 able to support your confirmation to be the 25 next Commissioner of Health.

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(518) 371-8910 1 I know that we need your skills and 2 your talents and that you will be there for 3 us. So on behalf of all 19 million of us, 4 thank you very much. 5 THE PRESIDENT: On the 6 nomination, Senator Gonzalez. 7 SENATOR GONZALEZ: Thank you, 8 Mr. President. 9 I'm proud to rise to second the 10 nomination of Dr. Daines. I have known 11 Dr. Daines for practically over 20, over 12 20 years -- he was my personal doctor -- and 13 as a professional, as a caring person, 14 extremely, extremely well. And I learned 15 yesterday, when I met his dad for the first 16 time -- because his dad is a doctor that made 17 house calls. And so did Dr. Daines. 18 And I think that as he moves on -- 19 and I commend the Governor for this 20 nomination -- that he will be making house 21 calls throughout the state and trying to deal 22 with the healthcare of the 19 million 23 residents of this great state. 24 And so I thank him for taking on 25 this, I congratulate him and his family for

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(518) 371-8910 1 continuing to be that old tradition of taking 2 care of people's health with love. 3 Thank you, Mr. President. 4 THE PRESIDENT: On the 5 nomination, Senator Schneiderman. 6 SENATOR SCHNEIDERMAN: Thank you, 7 Mr. President. 8 I have to rise. I know we have -- 9 we want to move things along, but I do have to 10 rise to say I think this is an extraordinary 11 nominee and really reflective of the new 12 direction that the Governor and the whole new 13 administration is taking us. 14 I was with Dr. Daines up in 15 Washington Heights in my district last week, 16 and I have to say, you know, standing there on 17 180th Street in Amsterdam, he seemed 18 completely at home. 19 He has spent his career working in 20 poor communities, and he has the awareness of 21 what it requires to bring healthcare to where 22 we really need it and ensure that all 23 New Yorkers get the quality of healthcare they 24 need. 25 I'm tremendously impressed in the

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(518) 371-8910 1 short time I've had to deal with him, but I 2 think we can look forward to expanding 3 healthcare coverage for all New Yorkers, to 4 improving healthcare coverage towards making 5 our system more efficient under his watch. 6 And I really just have to say a 7 great nomination by the Governor, and we 8 should all be proud to vote in favor of this 9 nominee. 10 Thank you, Mr. President. 11 THE PRESIDENT: Thank you, 12 Senator Schneiderman. 13 On the nomination, Senator Sampson. 14 SENATOR SAMPSON: Thank you very 15 much, Mr. President. 16 I rise in support of this 17 nomination. But most of all, we are giving 18 all the -- most of the kudos to Dr. Daines, 19 but I want to give it to his parents. His 20 father, who was a community doctor, and his 21 mother, who is right there by his side, they 22 laid the foundation for Dr. Daines to be the 23 individual he is today. 24 And Dr. Daines, as Senator Gonzalez 25 said, you made house calls. And I want you to

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(518) 371-8910 1 make a house call to my district, the 19th 2 Senatorial District, in dealing with these 3 issues, especially with respect to these 4 healthcare cuts. 5 And not only are you going to be 6 the defender of our public health system, but 7 most of all, you are truly a visionary. The 8 way you answered questions in the Health 9 Committee, you have a vision for where 10 healthcare is supposed to be in the future. 11 And one thing I've always noticed 12 from a saying in church, if you don't prepare 13 for the future, you will revert back to the 14 ways of the past. But in you we have a 15 visionary who's concerned about making sure 16 that our healthcare system is accessible to 17 all New Yorkers. For that, I am proud that 18 you are the new Commissioner of Health. 19 But most of all, I want to give 20 credit to your parents, the ones who laid the 21 foundation for you. 22 Congratulations, Dr. Daines. 23 THE PRESIDENT: Thank you, 24 Senator Sampson. 25 On the nomination of Dr. Richard F.

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(518) 371-8910 1 Daines as the Commissioner of the New York 2 State Department of Health, all those in favor 3 please signify by saying aye. 4 (Response of "Aye.") 5 THE PRESIDENT: Opposed, nay. 6 (No response.) 7 THE PRESIDENT: Dr. Richard F. 8 Daines, of New York City, is confirmed as the 9 Commissioner of the Department of Health. 10 (Applause.) 11 THE PRESIDENT: Dr. Daines is 12 joined by his wife, Linda. He is joined by 13 his father, Dr. Newel Daines; by his mother, 14 Jane. He is joined by his brother, George, 15 his sister, Pam Johnson, and by his son, 16 William. William, thank you. 17 And all the Daines family, thank 18 you for joining us. This is an awesome 19 responsibility. All of us here wish you well. 20 Congratulations. 21 (Applause.) 22 THE PRESIDENT: The Secretary 23 will read. 24 THE SECRETARY: As Commissioner 25 of the Division of Criminal Justice Services,

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(518) 371-8910 1 Denise O'Donnell, of Buffalo. 2 THE PRESIDENT: The chair 3 recognizes, on the nomination, Senator 4 Johnson. 5 SENATOR OWEN JOHNSON: Move the 6 nomination. 7 THE PRESIDENT: Senator Nozzolio. 8 SENATOR NOZZOLIO: Thank you, 9 Mr. President. 10 Mr. President, I rise as chairman 11 of the New York State Senate Committee on 12 Crime Victims, Crime and Corrections to report 13 to the full house that the committee reviewed 14 Denise O'Donnell's qualifications, spent over 15 an hour in discussions on important criminal 16 justice issues confronting our state, and 17 unanimously supported the confirmation of this 18 important nomination. 19 The committee was very impressed 20 with Ms. O'Donnell's grasp of all criminal 21 justice issues as well as her proven track 22 record in working as the U.S. Attorney for the 23 western district of this great state, with 24 local prosecutors and local police departments 25 to maximize their efforts to fight crime and

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(518) 371-8910 1 particularly violent crime. 2 Ms. O'Donnell committed, time and 3 again, to focusing on the problem that the 4 upstate cities are having with the exportation 5 of violent crime into the cities of Albany, 6 Schenectady, Syracuse, Rochester and Buffalo. 7 That these cities are facing enormous 8 challenges. And this nominee, Ms. O'Donnell, 9 as experienced as she is, is looking to use 10 that experience, expertise, team-building 11 talents and partnership with those law 12 enforcement departments to fight this very 13 important issue. 14 The committee was extremely 15 impressed and unanimously supported her 16 confirmation, and I rise to make that report 17 and to advise that we will be supporting her 18 wholeheartedly. Governor Spitzer has provided 19 us with an excellent nominee. 20 Thank you, Mr. President. 21 THE PRESIDENT: On the 22 nomination, Senator Volker. 23 SENATOR VOLKER: Mr. President, I 24 must confess that Denise has been a friend, a 25 personal friend of mine for many years. And I

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(518) 371-8910 1 see next to her that one of the more 2 distinguished judges in the O'Donnell family 3 is with her. 4 I have to say that -- and I have 5 been here for the confirmation of every DCJS 6 commissioner since the change has been, and 7 there is no one, I think, more capable of 8 running the Department of Criminal Justice 9 Services than Denise O'Donnell. When her name 10 first came up, I said, "Well, there's no 11 question she'll be fine." 12 And I told her a story about the 13 other night I was at some dinner or something, 14 and a fellow who I didn't really know said to 15 me, "Who's going to be the new head of DCJS?" 16 And I said "Denise O'Donnell." And he said, 17 "She would have made a great Attorney 18 General." I said, "Yes, I know that." But I 19 said she didn't quite make it to that one. 20 But she's very bright, was 21 extremely competent as a U.S. Attorney in 22 Buffalo. And I related a story that during 23 the time when I was about to go to the 24 Republican convention -- I was a delegate -- I 25 was warned by some people from Washington, be

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(518) 371-8910 1 careful, because they said that, well, the 2 previous administration was looking at people 3 who were directly involved with the 4 convention. 5 I said, "I have nothing to do to 6 worry about." "Why not?" "Well, my U.S. 7 Attorney is Denise O'Donnell." 8 And they didn't quite understand 9 what I was saying, but I made it very clear 10 that we had no concern about that because of 11 her integrity and devotion to duty. 12 So I commend the Governor -- and I 13 told him personally, by the way -- for your 14 nomination. And I'm sure we'll be able to 15 work together. I've tried to work together 16 with all the previous commissioners, and I'm 17 sure we'll be able to. 18 So good luck. 19 THE PRESIDENT: Thank you, 20 Senator Volker. 21 On the nomination, Senator 22 Stachowski. 23 SENATOR STACHOWSKI: Thank you, 24 Mr. President. 25 I too rise to second the nomination

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(518) 371-8910 1 of Denise O'Donnell. I have the good fortune 2 of being Denise O'Donnell's Senator, so it's 3 with great pride I stand. 4 I think the Governor has made a 5 truly outstanding appointment here. I think 6 that her experience as a U.S. Attorney and in 7 all her other positions, including that as a 8 social worker, will lend great experience and 9 will make it a lot easier to do all the 10 multitasking that you have to do as the 11 Commissioner of DCJS. 12 And I know that she will do an 13 outstanding job and make all of us proud, and 14 I think we'll all be happy that this day took 15 place, that we all had the chance to get up 16 and support Denise O'Donnell, because she will 17 truly be a great commissioner. 18 Thank you. 19 THE PRESIDENT: On the 20 nomination, Senator Maziarz. 21 SENATOR MAZIARZ: Thank you very 22 much, Mr. President. 23 I too rise, along with my 24 colleagues, in support of this nomination by 25 Governor Spitzer. It's a great nomination.

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(518) 371-8910 1 As Senator Stachowski and the 2 others have pointed out, Ms. O'Donnell's 3 background, both in the U.S. Attorney's office 4 and extensive legal background, makes her 5 eminently qualified to be the Commissioner of 6 the Division of Criminal Justice Services. 7 And I just want to congratulate 8 her. I see that she's here today with her 9 great family. 10 And on an entirely different topic, 11 off the record, I want to welcome Judge 12 O'Donnell here and just to let him know that I 13 was here today to let his colleagues back in 14 Western New York know that I've been working 15 on Senator DeFrancisco on the most important 16 issue facing the judiciary in the State of 17 New York and particularly Western New York. 18 Thank you, Judge. 19 Thank you Mr. President. 20 THE PRESIDENT: Senator Thompson. 21 SENATOR THOMPSON: Mr. President, 22 I rise in support of Denise O'Donnell, someone 23 I've had the pleasure of knowing for about 24 10 years now. She and her family are held in 25 very high esteem. Judge O'Donnell, Jack

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(518) 371-8910 1 O'Donnell, is a very hardworking young man as 2 well. 3 And one of the good things I'd like 4 to say about Denise O'Donnell is that when she 5 was over at the U.S. Attorney's office in 6 Western New York, she did an awesome job of 7 working with block clubs and neighborhood 8 associations, which I believe are the 9 foundation for the social fabric in many of 10 our neighborhoods. 11 She took a very strong liking to 12 many of the neighborhood associations, helping 13 to work to establish the Weed and Seed program 14 in Western New York and helping to have 15 roundtables and advisory committees with a 16 number of stakeholders. 17 And I believe, as my colleague 18 across the aisle talked about the upstate 19 crime problem, I believe if she takes that 20 similar strategy in working with law 21 enforcement, also with the judiciary in 22 addition to the neighborhood associations, we 23 can finally have safer communities in upstate. 24 Because, for example, in Buffalo 25 over the last year there's been a rise in

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(518) 371-8910 1 violent crime. One of the things that I'm 2 working on right now is to work with Mayor 3 Byron Brown to get more police officers on the 4 street, because to me it's unacceptable for 5 Western New York to have some of the highest 6 crime rates while New York City enjoys one of 7 the safest crime rates in America. 8 I believe we can change that. And 9 hopefully, with her nomination, in addition to 10 working with the Governor and local mayors 11 upstate, that we can make Western New York 12 safer again. Thank you. 13 And I strongly support her 14 nomination. 15 THE PRESIDENT: On the 16 nomination, Senator Schneiderman. 17 SENATOR SCHNEIDERMAN: Thank you, 18 Mr. President. 19 Once again, I rise with great pride 20 in our new Governor for his nomination of 21 Denise O'Donnell. 22 And I think that the support from 23 farthest fringes of the political spectrum, as 24 represented by Senator Maziarz's comments, 25 reflects the fact that we have someone who has

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(518) 371-8910 1 the overview, the experience, the competence 2 and the vision to bring together all of the 3 forces you need to bring together to actually 4 reform the criminal justice system in a 5 positive way. 6 We have had tremendous success in 7 some areas in New York State in crime 8 reduction in recent years, but we've had some 9 areas where we have serious problems. A new 10 report that just came out shows that the 11 increase in gun-related crimes outside of 12 New York City has jumped 22 percent in recent 13 years. There's a very serious problem that 14 has to be addressed. 15 We have to have a commonsense 16 approach to gun violence, we have to have a 17 commonsense approach to sentencing reform, and 18 we have to deal with the issues of police 19 practices to make sure that all of our 20 citizens have confidence in law enforcement, 21 in the fact that they believe they can be 22 treated equally and fairly and will come 23 forward to cooperate with the police. 24 Denise O'Donnell understands that 25 law enforcement and crime prevention is not

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(518) 371-8910 1 just a matter for the professionals, but it's 2 something that we all have to share in, in all 3 communities in New York State. 4 I cannot think of a more qualified, 5 better suited person to take over this agency, 6 this set of agencies at this point in our 7 history. And again, the Governor is putting 8 together an incredible team to take New York 9 to the next level. It's with great pride that 10 I rise to support the nomination of Denise 11 O'Donnell. 12 THE PRESIDENT: On the 13 nomination, Senator Rath. 14 SENATOR RATH: Yes, I rise to add 15 my support and a second for Denise O'Donnell's 16 new position and to say how proud Western 17 New York is of you, Denise. 18 We have known you for many years. 19 You and I have personally crossed paths so 20 many times out on the speaking circuit and out 21 in the community. And we've held you in the 22 highest esteem from the very beginning. 23 And now, to see the Governor 24 holding you in his high esteem and appointing 25 you to this wonderful position, makes all of

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(518) 371-8910 1 Western New York proud. 2 Thank you for your willingness to 3 serve. 4 THE PRESIDENT: On the 5 nomination, Senator Adams. 6 SENATOR ADAMS: Thank you, 7 Mr. President. 8 I too rise in support of 9 Commissioner O'Donnell. I thank my 10 counterpart across the aisle, Senator 11 Nozzolio. He held hearings yesterday that 12 allowed us an opportunity to speak and 13 question the commissioner. 14 I believe when you look at 15 technology and ensuring that the upstate 16 region can deal with the issue of technology 17 in some of these smaller police forces, as we 18 deal with crime and violence and youth 19 violence in the upstate region -- I believe 20 Commissioner O'Donnell not only brings the 21 know-how but the spirit to ensure that it is 22 carried out fairly and appropriately. 23 And we look forward to assisting 24 her, particularly on the Crime Victims 25 Committee, to allow her to do her job and to

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(518) 371-8910 1 partner with her and to be a partner in 2 dealing with the issue of crime throughout the 3 entire state. 4 Thank you, Mr. President. 5 THE PRESIDENT: On the 6 nomination, Senator Montgomery. 7 SENATOR MONTGOMERY: Yes, thank 8 you, Mr. President. 9 I rise to also second the 10 nomination, and I join my colleagues in 11 commending the Governor on this appointment. 12 This candidate, Ms. O'Donnell, has 13 experiences that are so appropriate, I think. 14 And she is well-prepared because she's had -- 15 she has an MSW, which I think is extremely 16 important for this particular area, as well as 17 the fact that she has her law and criminal 18 justice background and experience. 19 So I look forward to working with 20 you, Commissioner. And I think that this 21 really is such a great time in our history to 22 have you there, because you understand both 23 the front end as well as the back end. And we 24 deal with both of those in trying to change 25 the environment as it relates to criminal

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(518) 371-8910 1 activity in our state. 2 So I'm very, very happy to second 3 this nomination and also to say that I'm fully 4 prepared and looking forward to being able to 5 work together with the commissioner to help 6 her shape and reshape our thinking and our 7 approach and our outcomes as it relates to the 8 environment around criminal justice issues. 9 Thank you, Mr. President. 10 THE PRESIDENT: On the 11 nomination, Senator Perkins. 12 SENATOR PERKINS: Thank you very 13 much. 14 I want to briefly second the 15 nomination and to commend her candidacy. 16 She's, I believe, a visionary choice, and I 17 know that she will be very responsive, 18 especially on issues of reentry. And I look 19 forward to working with her in her new 20 capacity. 21 And I want to thank her publicly 22 for already reaching out to my office in 23 response to some of the concerns that I raised 24 with her earlier. 25 So thank you very much, and

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(518) 371-8910 1 congratulations. 2 THE PRESIDENT: On the nomination 3 of Denise O'Donnell as Commissioner for the 4 Division of Criminal Justice Services, all in 5 favor please signify by saying aye. 6 (Response of "Aye.") 7 THE PRESIDENT: Opposed, nay. 8 (No response.) 9 THE PRESIDENT: The nomination is 10 confirmed. 11 Denise O'Donnell is joined today in 12 the chamber by her aforementioned husband, the 13 Honorable John F. O'Donnell, who is a judge in 14 the integrated Family Court system of Western 15 New York. 16 She's also joined by her son, Jack, 17 and her daughter, Maura. 18 She has been an outstanding public 19 servant, a crime fighter in crime prevention, 20 victims' rights, public policy with respect to 21 law enforcement, and today is now confirmed as 22 the Commissioner for the Division of Criminal 23 Justice Services. 24 Denise, congratulations. You have 25 taken on an awesome task, and we wish you our

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(518) 371-8910 1 best. 2 (Applause.) 3 THE PRESIDENT: And we thank 4 Senator Johnson, Senator Nozzolio and Senators 5 Volker, Stachowski, Maziarz, Thompson, Rath, 6 Adams, Schneiderman, Montgomery and Perkins 7 for their nominations. 8 The Secretary will read. 9 THE SECRETARY: As a member of 10 the New York State Housing Finance Agency and 11 director of the State of New York Mortgage 12 Agency, Judd S. Levy, of New York City. 13 SENATOR SKELOS: Move the 14 nomination, please. 15 THE PRESIDENT: All in favor on 16 the nomination. 17 (Response of "Aye.") 18 THE PRESIDENT: Opposed, nay. 19 (No response.) 20 THE PRESIDENT: Judd S. Levy is 21 hereby confirmed to his membership on the 22 Housing Finance Agency and director of the 23 State of New York Mortgage Agency. 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President,

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(518) 371-8910 1 if we could return to motions and resolutions, 2 there's Resolution 1054 at the desk, by 3 Senator Hassell-Thompson. 4 Could we have the title read, open 5 it for cosponsorship, and move for its 6 immediate adoption. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: By Senator 10 Hassell-Thompson, Legislative Resolution 11 Number 1054, mourning the death of the 12 Honorable Jane Bolin, the first 13 African-American woman judge in the United 14 States of America. 15 THE PRESIDENT: On the 16 resolution, Senator Hassell-Thompson. 17 SENATOR HASSELL-THOMPSON: Thank 18 you, Mr. President. 19 I rise to ask my colleagues to 20 mourn with me the death of an extraordinary 21 woman, one who I think warrants our 22 consideration and our time in this chamber. 23 You have heard that the Honorable 24 Jane Bolin was the first African-American 25 woman judge in the United States of America,

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(518) 371-8910 1 and she is my hero. She died January 8, 2007, 2 at the age of 98. And in honor of Black 3 History Month, I believe her life should be 4 celebrated. 5 Jane Bolin graduated from high 6 school in Poughkeepsie, New York. And in this 7 chamber, those of us who live in certain areas 8 are very possessive of the people that come 9 from the districts woe serve. So, 10 Poughkeepsie, be proud of Jane Bolin today. 11 Jane Bolin came from a history of 12 education. Her father was an attorney and was 13 the first African-American graduate of 14 Williams College. Jane Bolin entered 15 Wellesley in 1924, one of the only two 16 African-American freshmen women, and she 17 graduated in 1928 as a Wellesley scholar. 18 Jane Bolin matriculated, after much 19 dissent from her dad from going into the legal 20 profession, from Yale University in 1931, 21 becoming the first African-American woman to 22 graduate from Yale Law School. 23 Jane Bolin was appointed in 1939 by 24 Mayor Fiorello LaGuardia to be a judge of the 25 Domestic Relations Court, later to be named

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(518) 371-8910 1 the Family Court, where she served with 2 distinction for forty years. And in her work 3 as the first African-American woman judge, she 4 viewed the many different kinds of legal 5 trouble a family could experience. 6 And during her years on the bench, 7 Judge Bolin brought revolutionary changes to 8 New York's legal bureaucracy. Among them were 9 the assignment of probation officers to 10 individuals without regard to race or 11 religion, and the assurance that private 12 childcare agencies receive public funding and 13 that they must accept children regardless of 14 their race, ethnicity, or religious 15 background. 16 Judge Bolin, I believe, is worthy 17 not because she was the first African-American 18 to graduate from Yale, certainly not because 19 she was the first African-American to be a 20 judge in the United States of America. But I 21 think that, in Women's History Month, Jane 22 Bolin is an example of womanhood that should 23 be proclaimed by all. 24 And so therefore I submit this 25 resolution for your consideration and ask you

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(518) 371-8910 1 to mourn with me her death but to celebrate 2 the life of Jane Bolin in this chamber today. 3 Thank you. 4 ACTING PRESIDENT YOUNG: Thank 5 you, Senator. 6 The question is on the resolution. 7 All in favor signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT YOUNG: Opposed, 10 nay. 11 (No response.) 12 ACTING PRESIDENT YOUNG: The 13 resolution is adopted. 14 The resolution is open for 15 cosponsorship. If you do not want to be a 16 cosponsor, please notify the desk. 17 Senator Skelos. 18 SENATOR SKELOS: Madam President, 19 if you would recognize Senator Farley. Thank 20 you. 21 SENATOR FARLEY: Thank you very 22 much, Senator Skelos. 23 And thank you, Madam President. 24 ACTING PRESIDENT YOUNG: Thank 25 you, Senator.

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(518) 371-8910 1 SENATOR FARLEY: On behalf of 2 Senator Golden, Madam President, I move to 3 commit Senate Print 459, Calendar Number 270, 4 to the Committee on Finance. 5 ACTING PRESIDENT YOUNG: So 6 ordered. 7 SENATOR FARLEY: Madam President, 8 on behalf of Senator Seward, I move to 9 recommit Senate Print Number 1656, Calendar 10 Number 119, to the Committee on Local 11 Government, with instructions to strike out 12 the enacting clause. 13 ACTING PRESIDENT YOUNG: So 14 ordered. 15 SENATOR FARLEY: Thank you. 16 ACTING PRESIDENT YOUNG: Senator 17 Skelos. 18 SENATOR SKELOS: Madam President, 19 if we could go to the noncontroversial reading 20 of the calendar, please. 21 ACTING PRESIDENT YOUNG: The 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 166, by Senator Skelos, Senate Print 2375, an 25 act to amend the Executive Law, in relation to

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(518) 371-8910 1 including. 2 SENATOR DUANE: Lay it aside, 3 please. 4 ACTING PRESIDENT YOUNG: The bill 5 is laid aside. 6 THE SECRETARY: Calendar Number 7 210, by Senator Larkin, Senate Print 1236, an 8 act to amend the Vehicle and Traffic Law, in 9 relation to age of driver's license. 10 ACTING PRESIDENT YOUNG: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect one year after it shall 14 have become law. 15 ACTING PRESIDENT YOUNG: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 59. Nays, 19 1. Senator DeFrancisco recorded in the 20 negative. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 265, by Senator Farley, Senate Print 2510, an 25 act to amend the Education Law, in relation to

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(518) 371-8910 1 authorizing. 2 ACTING PRESIDENT YOUNG: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the first of April. 6 ACTING PRESIDENT YOUNG: Call the 7 roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT YOUNG: Senator 10 Farley, to explain his vote. 11 SENATOR FARLEY: Just quickly to 12 explain my vote. 13 This is a very unique piece of 14 legislation, one that goes back with Senator 15 Skelos and myself so many years. It's been 16 vetoed twice by prior governors. It's got 61 17 sponsors. I don't think you'll see another 18 piece of legislation in years. 19 It permits senior citizens to take 20 courses on a space-available basis. I expect 21 that we have a Governor that will sign it. 22 And I urge my colleagues on the 23 other side of the aisle who are sponsors of 24 this legislation to get it out of the 25 Assembly. They were always worried that it

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(518) 371-8910 1 would get vetoed again; that's why it didn't 2 get out. 3 But it's a good piece of 4 legislation. I think this is the year it's 5 going to become law. 6 Thank you, Madam President. 7 ACTING PRESIDENT YOUNG: Thank 8 you, Senator Farley. You will be recorded in 9 the affirmative. 10 Announce the results. 11 THE SECRETARY: Ayes, 59. Nays, 12 1. Senator Duane recorded in the negative. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 280, by Senator Morahan, Senate Print 1897, an 17 act to authorize the Commissioner of General 18 Services. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 7. This 22 act shall take effect immediately. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 284, by Senator Robach, Senate Print 3052, an 6 act to amend the Executive Law, in relation to 7 prohibiting employers. 8 ACTING PRESIDENT YOUNG: Read the 9 last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT YOUNG: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 315, by Senator Leibell, Senate Print 3548, an 20 act to amend the Retirement and Social 21 Security Law, in relation to the employment of 22 retired persons. 23 ACTING PRESIDENT YOUNG: Read the 24 last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT YOUNG: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT YOUNG: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 318, by Senator Stachowski, Senate Print 944, 10 an act to amend the Penal Law, in relation to 11 criminal impersonation. 12 ACTING PRESIDENT YOUNG: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of 16 November. 17 ACTING PRESIDENT YOUNG: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 319, by Senator DeFrancisco, Senate Print 25 1825, an act to amend the Penal Law, in

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(518) 371-8910 1 relation to payment of reparation. 2 ACTING PRESIDENT YOUNG: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT YOUNG: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 60. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 327, by Senator LaValle, Senate Print 2949, an 14 act to amend the Penal Law, in relation to 15 enhancing the penalties. 16 ACTING PRESIDENT YOUNG: Read the 17 last section. 18 THE SECRETARY: Section 33. This 19 act shall take effect on the first of 20 November. 21 ACTING PRESIDENT YOUNG: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. Nays, 25 2. Senators Montgomery and Perkins recorded

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(518) 371-8910 1 in the negative. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 329, by Senator Fuschillo, Senate Print 3079, 6 an act to amend the Penal Law, in relation to 7 criminal impersonation in the first degree. 8 ACTING PRESIDENT YOUNG: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 90th day. 12 ACTING PRESIDENT YOUNG: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 332, by Senator Young, Senate Print 3245, an 20 act to amend the Penal Law, in relation to 21 establishing the offense of promoting and 22 possessing. 23 ACTING PRESIDENT YOUNG: Read the 24 last section. 25 THE SECRETARY: Section 4. This

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(518) 371-8910 1 act shall take effect on the first of 2 November. 3 ACTING PRESIDENT YOUNG: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 351, by Senator Bruno, Senate Print 3544, an 11 act to amend the Election Law, in relation to 12 the date for the spring primary. 13 ACTING PRESIDENT YOUNG: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT YOUNG: Call the 18 roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT YOUNG: Senator, 21 do you want to explain your vote? 22 SENATOR THOMPSON: Yes. 23 ACTING PRESIDENT YOUNG: Senator 24 Thompson, to explain his vote. 25 SENATOR THOMPSON: Yes, I rise to

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(518) 371-8910 1 explain my vote, Madam Chairwoman. 2 I think this is a very important 3 law, for a couple of quick reasons. One, over 4 the last three presidential cycles, I've had 5 the opportunity to be involved with a number 6 of presidential campaigns. And the last one 7 was really disturbing because New York State 8 was really almost out of the process. 9 And I think the effort to move the 10 presidential primary up is very good. This is 11 one of the largest states in the union. I 12 think it gives us the opportunity to do some 13 amazing things. 14 We have a number of people that are 15 interested in leading this country from both 16 sides of the aisle. And I think if we were to 17 allow it to stay later, that we would have 18 been an afterthought in this process. And I 19 believe it gives us an opportunity to do that. 20 Thank you. And I rise in support 21 of this. I think it's a great opportunity. 22 The only thing I was going to say, 23 too, is that the whole issue -- and I know we 24 probably won't be able to deal with it this 25 cycle. One of the things that I don't like

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(518) 371-8910 1 about the New York process as relates to this 2 bigger prize is the fact that so many people 3 have to go out in November and December to 4 help candidates get on the ballot. And I know 5 that one of the candidates who ran before, 6 McCain, had frustration with that. And I 7 think that that's something that should be 8 looked at down the road as well. 9 Thank you. 10 ACTING PRESIDENT YOUNG: Thank 11 you, Senator Thompson. You will be recorded 12 as a yes. 13 Announce the results. 14 Oh, I'm sorry. Senator 15 Hassell-Thompson, would you like to explain 16 your vote? 17 SENATOR HASSELL-THOMPSON: Yes. 18 I'm the Thompson with the Hassell. Yes, I 19 would, Madam President, just briefly. 20 I understand that if New York State 21 doesn't do something that in the process of -- 22 in this election process, by the time they get 23 to New York, they may decide that there's no 24 need to even bother with the state of 25 New York. And I understand all of that.

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(518) 371-8910 1 But I also, as one someone who has 2 spent a lot of years just encouraging people 3 to get out and vote and to just bring people 4 out, I understand that the winter months are 5 just more difficult. And that may not be 6 relevant for some people in this chamber, but 7 it's very relevant for me. 8 And so therefore, I just think that 9 this change is just not something that I can 10 support. I mean, I understand that it will 11 pass. I just need to go on the record as 12 saying that I don't think this is appropriate 13 in terms of some neighborhoods and communities 14 that I work in and have responsibility to get 15 people out to the polls. 16 ACTING PRESIDENT YOUNG: Thank 17 you, Senator Hassell-Thompson. You will be 18 recorded as a no. 19 Announce the results. 20 THE SECRETARY: Ayes, 59. Nays, 21 1. Senator Hassell-Thompson recorded in the 22 negative. 23 ACTING PRESIDENT YOUNG: The bill 24 is passed. 25 Senator Skelos, that concludes the

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(518) 371-8910 1 noncontroversial reading. The bills are 2 ready. 3 SENATOR SKELOS: Thank you, Madam 4 President. If we could go to the 5 controversial reading of the calendar. 6 ACTING PRESIDENT YOUNG: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 166, by Senator Skelos, Senate Print 2375, an 10 act to amend the Executive Law, in relation to 11 including. 12 ACTING PRESIDENT YOUNG: Senator 13 Sabini. 14 SENATOR SABINI: Madam President, 15 if the sponsor would yield for a question. 16 ACTING PRESIDENT YOUNG: Senator 17 Skelos, will you yield for a question? 18 SENATOR SKELOS: Yes, Madam 19 President. 20 SENATOR SABINI: Thank you. 21 Through you, Madam President, I just had a 22 question regarding the implementation of this. 23 Is it the sponsor's intention that 24 the DNA sample would be taken upon the arrest 25 under these convictions?

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(518) 371-8910 1 SENATOR SKELOS: No, upon 2 conviction. 3 SENATOR SABINI: Madam President, 4 on the bill. 5 My concern was that the DNA being 6 kept in a database, rather than a hard copy 7 like a fingerprint, would not be returned to 8 the person who was charged if a conviction was 9 not upheld. And I'm concerned about the 10 privacy rights of someone who was found not 11 guilty. 12 But based on the answer to the 13 question, I feel I can vote for this bill. 14 Thank you. 15 ACTING PRESIDENT YOUNG: Thank 16 you, Senator Sabini. 17 Does any other member wish to be 18 heard on this bill? Then the debate is 19 closed. 20 The Secretary will ring the bell. 21 The Secretary will read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT YOUNG: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT YOUNG: Senator 4 Duane, to explain his vote. 5 SENATOR DUANE: Thank you, Madam 6 President. 7 I have concerns about this 8 legislation. And as many of you know, I am 9 one of the very few in the Legislature who 10 voted against the DNA expansion legislation. 11 Now, I feel that DNA, when used 12 correctly, is in fact a wonderful tool -- 13 ACTING PRESIDENT YOUNG: Excuse 14 me. 15 It's noisy in the chamber. Could 16 people please keep the noise to a minimum? 17 Senator Duane. 18 SENATOR DUANE: Thank you, Madam 19 President. 20 So DNA, when used correctly, can be 21 a wonderful tool. However, when used 22 incorrectly, it can be a nightmare. 23 I also think that expanding the DNA 24 database too quickly is bad public policy. We 25 still haven't settled on where we're going to

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(518) 371-8910 1 store it and where we're going to get people 2 trained to handle the samples. And that was 3 based on the old legislation. 4 So I can't see why we should expand 5 it further when there's so many unanswered 6 questions about the original DNA expansion. 7 Not to mention it's very expensive, and we 8 have limited resources to do this work 9 correctly. 10 I'd like to see some discussions 11 and hearings on how the old legislation has 12 been implemented before we put any more into 13 our DNA work in this state. 14 And based on those reasons, I feel 15 compelled to vote no, Madam President. 16 Thank you. 17 ACTING PRESIDENT YOUNG: Thank 18 you, Senator Duane. You will be recorded as a 19 negative. 20 Announce the results. 21 Senator Rath, to explain her vote. 22 SENATOR RATH: No, I have a point 23 I want to make, not -- 24 ACTING PRESIDENT YOUNG: Okay. 25 Thank you, Senator.

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(518) 371-8910 1 May we have some order in the 2 chamber, please. 3 Senator Skelos. 4 SENATOR SKELOS: If we could 5 announce the results, please. 6 ACTING PRESIDENT YOUNG: Announce 7 the results. 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 166 are 10 Senators Adams, Connor, Montgomery, Parker, 11 Perkins and Serrano. 12 Absent from voting: Senator C. 13 Kruger. 14 Ayes, 54. Nays, 6. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 Senator Skelos. 18 SENATOR SKELOS: Madam President, 19 is there any further business at the desk? 20 ACTING PRESIDENT YOUNG: Senator 21 Rath. 22 SENATOR RATH: Yes, Madam 23 President. I'd like the record to reflect 24 that had I been in the chamber yesterday, I 25 would have voted no on Calendar Number 254,

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(518) 371-8910 1 Senate Bill 2391. 2 Thank you. 3 ACTING PRESIDENT YOUNG: Thank 4 you, Senator. The record will so reflect. 5 Senator Montgomery, why do you 6 rise? 7 SENATOR MONTGOMERY: Yes, Madam 8 President. I was in the Crime and Corrections 9 Committee meeting yesterday, and had I been in 10 the chamber, I would have voted no on Calendar 11 Numbers 245, 246, and 218. 12 ACTING PRESIDENT YOUNG: Thank 13 you, Senator. The record will so reflect. 14 SENATOR MONTGOMERY: Thank you. 15 ACTING PRESIDENT YOUNG: Senator 16 Skelos. 17 SENATOR SKELOS: Madam President, 18 there being no further business to come before 19 the Senate, I move we stand adjourned until 20 Monday, March 26th, at 3:00 p.m., intervening 21 days being legislative days. 22 ACTING PRESIDENT YOUNG: Thank 23 you, Senator. 24 On motion, the Senate stands 25 adjourned until Monday, March 26th, at

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(518) 371-8910 1 3:00 p.m., intervening days being legislative 2 days. 3 (Whereupon, at 1:13 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