Tuesday, May 26, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 26, 2009 11 3:32 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR NEIL D. BRESLIN, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT BRESLIN: The 3 Senate will come to order. 4 I ask everyone to rise and repeat 5 the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT BRESLIN: In the 9 absence of clergy, may we bow our heads for a 10 moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT BRESLIN: Thank 14 you. 15 The reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Monday, May 25, the Senate met pursuant to 19 adjournment. The Journal of Friday, May 22, 20 was read and approved. On motion, Senate 21 adjourned. 22 ACTING PRESIDENT BRESLIN: 23 Without objection, the Journal stands approved 24 as read.

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(518) 371-8910 1 Presentation of petitions. 2 Messages from the Assembly. 3 Messages from the Governor. 4 Reports of standing committees. 5 Reports of select committees. 6 Communications and reports from 7 state officers. 8 Motions and resolutions. 9 Senator Smith. 10 SENATOR SMITH: Mr. President, I 11 believe there is a privileged resolution at 12 the desk. I ask that the resolution be read 13 in its entirety and move for its immediate 14 adoption. 15 ACTING PRESIDENT BRESLIN: The 16 Secretary will read. 17 THE SECRETARY: By Senator Smith, 18 Legislative Resolution Number 2151, commending 19 the men and women of the New York Air National 20 Guard, the Newburgh, New York, Police 21 Department, the New Windsor, New York, Police 22 Department, the New York City Police 23 Department, the New York State Police, the 24 Federal Bureau of Investigation, and the Joint

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(518) 371-8910 1 Terrorism Task Force for their recent work in 2 infiltrating and arresting the members of a 3 terrorist cell in the Riverdale section of the 4 Bronx. 5 "WHEREAS, This Legislative Body is 6 moved to honor those individuals who serve to 7 preserve and protect our communities, lauding 8 particularly their unwavering courage and 9 dedication in the daily performance of their 10 duties; and 11 "WHEREAS, Attendant to such 12 concern, and in full accord with its 13 long-standing traditions, this Legislative 14 Body is justly proud to commend the men and 15 women of the New York Air National Guard, the 16 Newburgh, New York, Police Department, the 17 New Windsor Police Department, the New York 18 City Police Department, the New York State 19 Police, the Federal Bureau of Investigation, 20 and the Joint Terrorism Task Force for their 21 recent work in infiltrating and arresting the 22 members of a terrorist cell in the Riverdale 23 section of the Bronx, New York, who were in 24 the midst of a plot to detonate improvised

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(518) 371-8910 1 explosive devices at two Jewish synagogues and 2 to shoot down a military plane with a Stinger 3 surface-to-air missile at a local Air National 4 Guard base; and 5 "WHEREAS, Joint Terrorism Task 6 Forces are small cells of highly trained, 7 locally based, passionately committed 8 investigators, analysts, linguists, SWAT 9 experts, and other specialists from dozens of 10 U.S. law enforcement and intelligence 11 agencies; and 12 "WHEREAS, It is a multi-agency 13 effort led by the Justice Department and FBI 14 designed to combine the resources of federal, 15 state and local law enforcement; and 16 "WHEREAS, The National Joint 17 Terrorism Task Force was established in July 18 of 2002 to serve as a coordinating mechanism 19 with the FBI's partners. Some 40 agencies are 20 now represented in the National Joint 21 Terrorism Task Force, which has become a focal 22 point for information-sharing and the 23 management of large-scale projects that 24 involve multiple partners; and

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(518) 371-8910 1 "WHEREAS, It is appropriate to 2 recognize and commend outstanding individuals 3 such as the men and women of the New York Air 4 National Guard, the Newburgh, New York, Police 5 Department, the New Windsor, New York, Police 6 Department, the New York City Police 7 Department, the New York State Police, the 8 Federal Bureau of Investigation, and the Joint 9 Terrorism Task Force for their valued 10 contributions to both the state and the 11 nation; and 12 "WHEREAS, The four men arrested in 13 what according to authorities was a plot to 14 bomb two synagogues in the Riverdale section 15 of the Bronx and shoot down military planes at 16 an Air National Guard base in Newburgh, 17 New York, appeared to be acting alone, not in 18 concert with any terrorist organization; and 19 "WHEREAS, Due to the brave and 20 commendable actions of the men and women of 21 the New York Air National Guard, the Newburgh, 22 New York, Police Department, the New Windsor, 23 New York, Police Department, the New York City 24 Police Department, and the New York State

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(518) 371-8910 1 Police, the FBI, and the Joint Terrorism Task 2 Force, the four individuals were arrested in 3 an elaborate sting operation after planting 4 what they believed to be bombs in cars outside 5 the Riverdale Temple and the nearby Riverdale 6 Jewish Center; and 7 "WHEREAS, It is the sense of this 8 Legislative Body that those dedicated public 9 servants who unselfishly devote their lives to 10 the preservation of order and the protection 11 of others are worthy and due full praise for 12 their commitment and noble endeavors; now, 13 therefore, be it 14 "RESOLVED, That this Legislative 15 Body pause in its deliberations to commend the 16 men and women of the New York Air National 17 Guard, the Newburgh, New York, Police 18 Department, the New Windsor, New York, Police 19 Department, the New York City Police 20 Department, the New York State Police, the 21 Federal Bureau of Investigation, and the Joint 22 Terrorism Task Force for their recent work in 23 infiltrating and arresting the members of a 24 terrorist cell in the Riverdale section of the

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(518) 371-8910 1 Bronx; and be it further 2 "RESOLVED, That copies of this 3 resolution, suitably engrossed, be transmitted 4 to the men and women of the New York Air 5 National Guard, the Newburgh, New York, Police 6 Department, the New Windsor, New York, Police 7 Department, the New York City Police 8 Department, the New York State Police, the 9 Federal Bureau of Investigation, and the Joint 10 Terrorism Task Force." 11 ACTING PRESIDENT BRESLIN: 12 Senator Smith. 13 SENATOR SMITH: Thank you very 14 much, Mr. President. 15 Colleagues, members of this august 16 body, today I rise to commend the Joint 17 Terrorism Task Force, the task force that was 18 combined and is combined of the FBI, the 19 New York Police Department, and the Newburgh 20 Police Department. 21 In particular, the names of those 22 individuals, most of which -- all of which who 23 are present here today: FBI Special Agent in 24 Charge Gregory Fowler; New York Police

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(518) 371-8910 1 Department Deputy Commissioner Richard 2 Falkenrath; New York Police Department 3 Assistant Chief James Waters; New York Police 4 Department Deputy Chief James Shea; New York 5 State Police Colonel Thomas Fresenius; 6 New York State Police Colonel John Melville; 7 New York State Police Major Matthew Renneman; 8 New York State Police Captain Robert Gregory; 9 New York State Homeland Security Director 10 Thomas Donlon; New York Jewish Community 11 Relations Council Commission on Jewish 12 Security Chair Sally Goodgold; Sergeant George 13 Meyers, New Windsor Police Department; and 14 also New York Jewish Community Relations 15 Council Deputy Director David Pollock and 16 Detective Daniel Green. 17 I rise today, colleagues, to 18 commend these brave men and women. Last week 19 we had a chilling reminder that we still live 20 in a very dangerous world. There is no 21 question that while we have the opportunity to 22 enjoy our family every day, it is clear to us, 23 based on what occurred last week, that while 24 9/11 is behind us, we still have terror

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(518) 371-8910 1 knocking at our door. 2 And in this case it was knocking at 3 Rabbi Rosenblatt's synagogue -- a place where 4 Senator Schneiderman represents that district, 5 a place where Senator Jeff Klein is right next 6 door, and a place where many families, 7 children, would go on their Sabbath, on their 8 holidays, and to celebrate their faith, a 9 faith that, as many of us, irrespective of 10 what faith that we have, we have the freedom 11 of celebrating it every day without worrying 12 about someone who has some warped 13 determination to arrest our ability to 14 practice our faith decides to step in and do 15 what I consider to be a horrible act. 16 Counterterrorism, which this task 17 force basically has epitomized what I consider 18 to be a perfect example of how one thwarts a 19 particular crime. Commissioner O'Donnell, who 20 is here with us, firsthand knows the efforts 21 of these individuals. Commissioner Kelly 22 knows the efforts of these individuals. And 23 they are here today, colleagues, because we 24 know in this house that we understand and we

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(518) 371-8910 1 recognize the significance of the performance 2 of this task force. 3 What you have done has fostered 4 more faith than has already been exhibited by 5 many of my colleagues. In particular Senator 6 Golden as well, who is someone who was part of 7 law enforcement, we know what law enforcement 8 does. We don't know every day what you do, 9 but we have an idea, some of which because our 10 family members live it, some of which because 11 we've watched it on TV. 12 But never have I experienced nor 13 have I had the opportunity -- nor do I want 14 the opportunity again -- to experience the 15 kind of heroic actions that this particular 16 task force put together. 17 I can't imagine what you had to 18 deal with over a year's time when this 19 particular episode was going on in your life. 20 Notwithstanding the law enforcement side, but 21 your family, where you had to withhold what 22 was going on every single day, for a year and 23 a day, because of the sworn oath of office 24 that you took -- the oath that said you will

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(518) 371-8910 1 protect and serve, the oath that said that you 2 will go to extreme legal measures to protect 3 each and every one of us in this room and 4 those beyond these walls. 5 What you have done, what you have 6 said to each and every one of us is that we 7 have to take a different view of how we handle 8 our business. You have thwarted what could 9 have been the 9/11 of 2009. Some will argue, 10 Well, it wasn't the buildings, it wasn't 2,000 11 people. But for you to have lived with this 12 for a year says to each and every one of us 13 that this event tells us that terrorism, 14 domestic or abroad, is alive and unfortunately 15 well in this state. 16 But here's what I say to you, and 17 here's what I say to anyone who is looking at 18 this particular moment that has any potential 19 misguided thoughts about our law enforcement 20 teams. They will have every resource that 21 they need to continue their job. They will 22 have resources beyond what they have today to 23 continue their job. 24 And we will make sure that they

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(518) 371-8910 1 have all the necessary resources so that in 2 the future, if in fact it requires less than a 3 year to thwart a crime, they will be able to 4 do so. If it requires them to follow somebody 5 for 10 years, they will have the resources to 6 do so. 7 We will not settle and we will not 8 allow anyone who believes that they can rape 9 the freedom of someone's ability to practice 10 their faith in this state. We will not accept 11 it. It is unacceptable to us. And I tell 12 you, as just one member of this body of 62, to 13 the Joint Terrorism Task Force, that you have 14 my undying trust, you have my faith, and you 15 have my support. And that we will go to the 16 extreme, as you did to protect those 17 synagogues. 18 Which means that you protected 19 every house of worship in this state and 20 probably across the country, because the 21 attack on that synagogue, while it was 22 directly aimed at a group of individuals, it 23 was basically a statement that said in this 24 state, in this country, we are not going to

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(518) 371-8910 1 allow you to practice your faith. 2 Well, you said to them: That's not 3 going to happen. And I say to you we will not 4 let it happen that you will not have the 5 resources that you need to make sure you 6 continue the heroic work that you do. 7 My hat is off to you. I am just 8 amazed at the remarkable effort that you put 9 forward. I know the Governor, I saw the Mayor 10 honor you. You will know that this day that 11 we pause to do our normal deliberation with 12 regards to legislative business. We felt that 13 it was more important to send a message to you 14 that we are watching you. And just as you had 15 the synagogue's back and other people of this 16 state, the 19.5 million that live here, we 17 have yours. 18 And actions will speak louder than 19 words, as your action did that night when you 20 brought that 18-wheeler to that crime scene, 21 blocked that vehicle, smashed those windows of 22 that SUV, and took out that bomb that 23 essentially was not a real bomb because you 24 had the intelligence and the fortitude to make

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(518) 371-8910 1 that group of individuals believe that you 2 were on their side. 3 I can't tell you how proud I am of 4 each and every one of you. I sleep better 5 every night, knowing that the fine women and 6 gentlemen that stand here before me, and your 7 other colleagues who are not here today, are 8 protecting us while we sleep. God bless you. 9 I know that we will continue to 10 pray for you. And trust me when I tell you 11 you will not want for resources to do your job 12 in the future. 13 Thank you, Mr. President. 14 ACTING PRESIDENT BRESLIN: Thank 15 you, Senator Smith. 16 Senator Schneiderman. 17 SENATOR SCHNEIDERMAN: Thank you, 18 Mr. President. And thanks to Senator Smith. 19 Ladies and gentlemen, we are here 20 to thank you, but we are really here to do 21 much more than that. We are here to convey as 22 a body our support for your efforts and to 23 make sure that everyone in the state 24 understands what happened last week.

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(518) 371-8910 1 I have to tell you, ladies and 2 gentlemen, we all left here on Wednesday, went 3 back to our districts. I finished attending 4 events and then received a phone call around 5 10 o'clock at night. 6 And Commissioner O'Donnell, the 7 Joint Terrorism Task Force, representatives of 8 the FBI, the U.S. Attorney's office, Police 9 Commissioner Ray Kelly brought together the 10 political, religious and community leaders in 11 Riverdale in Riverdale to explain to us what 12 had happened and to put the finishing touches 13 on a superbly executed series of maneuvers 14 that really were staggering when we started to 15 understand what had happened. 16 Ladies and gentlemen, last 17 Wednesday a group of individuals came to this 18 beautiful, tree-lined block in my district, as 19 good a place to walk or raise children as any 20 place in any of your districts, and unpacked 21 what they thought were explosives to put in 22 front of two synagogues, believing that they 23 were going to blow up those houses of worship. 24 This is something that it's very

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(518) 371-8910 1 hard to convey if you haven't actually walked 2 on that street. But think of any church, any 3 temple, any house of worship in your district. 4 This was what was going through the minds of 5 these individuals. 6 The men and women here and their 7 colleagues were on top of this from day one. 8 They stopped it. And then they came to our 9 community to bring all of us together to make 10 sure there was no panic. 11 Because, ladies and gentlemen, 12 terrorists are not like ordinary criminals. 13 Their goal is not simply to damage a 14 particular building or kill a particular 15 individual. Their goal is terror. Their goal 16 is to tell every Jew in this state: We can 17 blow you up in your house of worship. Their 18 goal is to convey to all the people of this 19 country that you are no longer safe. 20 This is not an ordinary crime. 21 These are not ordinary men and women. This 22 was not an ordinary maneuver. But I have to 23 tell you, Senator Smith's message today is 24 something every member of this chamber should

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(518) 371-8910 1 listen to and should recognize. We must do 2 what we can do to make sure they do what they 3 do so well. 4 And I will tell you that we 5 followed up Wednesday night with an interfaith 6 service in the same synagogue, and we had 7 three Muslim imams who came and quoted to us 8 from the Koran sections that say anyone who 9 would inflict any harm on any house of worship 10 is offending God. 11 This is not a matter dispute among 12 religions, this is not a partisan dispute, 13 this is not an ideological dispute. This is 14 very simply an obligation that we undertake, 15 as representatives of the people of the State 16 of New York. And as much as I represent Rabbi 17 Rosenblatt and Rabbi Lewis and their 18 congregations, this terrorist act was directed 19 at every congregation in all of your 20 districts. 21 And I would urge you to join us in 22 support of this resolution and in honoring the 23 men and women who took care of this one 24 particular plot and gave us a window of

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(518) 371-8910 1 insight into what is going on every day while 2 we sleep peacefully. And let us recommit 3 ourselves to supporting their work going 4 forward. 5 I urge everyone to support this 6 resolution, to support these men and women, 7 and to offer in any way you deem appropriate 8 or that comports with your beliefs a prayer 9 for the work that they do and a prayer for all 10 of us that we're able to live in a country 11 where everyone is free to worship and we're 12 prepared to pay the price to maintain that 13 freedom. 14 Thank you, Mr. President. 15 ACTING PRESIDENT BRESLIN: Thank 16 you, Senator Schneiderman. 17 Senator Larkin. 18 SENATOR LARKIN: Thank you, 19 Mr. President. 20 Having known some of the honorees 21 today, it brings to heart to know that they 22 had a job and they did it. 23 I think some of the things that 24 we're missing here -- not here, but in the

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(518) 371-8910 1 media as they trounced this back and forth, 2 they were four people that were entrapment. 3 I'm not an attorney, Mr. President, so if I 4 make a mistake, correct me. But what we had 5 was a mission. And this mission was a trail 6 mission that took place over a year. 7 And, you know, when you get to be 8 my age, you say how come somebody didn't leak 9 something. I think it was the best-kept 10 secret. Like telling your wife, I want to 11 take you away for a week and then don't tell 12 anybody else. 13 But I'm serious. This is an issue 14 here that we in America better wake up. I 15 heard people saying today, Ah, they could have 16 knocked it off, they could have made it 17 easier, told them that the guns were no good, 18 the bombs were no good. Well, Senator 19 Schneiderman made a good point. We don't 20 always agree, but he did. This could have 21 been in my synagogue in my district. It could 22 have been a house in your district. It could 23 have been a business in somebody else's. 24 But we had the cream of the crop in

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(518) 371-8910 1 law enforcement joining together. How many 2 times have we heard people say, Well, I'm a 3 New York City cop, I'm not going to talk to 4 the FBI. Or I'm in the Division of Criminal 5 Justice, and I'm not going to talk to Homeland 6 Security. 7 But here we had a group of men and 8 women, dedicated. They had a mission. They 9 knew it was real out there. And they went 10 about it tracking it piece by piece. 11 It wasn't an easy job. Knowing 12 Colonel Melville, Division of Criminal 13 Justice, and my troopers from New Windsor, I'm 14 very proud of you. But we cannot let this 15 little -- as they said in the paper the other 16 day, "a little incident." It wasn't a little 17 incident. And you have people out there 18 reading the papers that are saying, Well, you 19 know it was -- you know, if they didn't go to 20 prison, they wouldn't have never been these 21 kind of mean people. 22 We didn't put them in prison in the 23 first place. They put themselves in prison 24 because of their conduct. We need to start

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(518) 371-8910 1 taking up America. Yes, a lot of talk now 2 about we haven't been attacked in eight years. 3 But what if those weapons were real? What 4 would we be saying in this chamber today? 5 Mourning the death of many, many people. 6 There are people in America that 7 hate us. There will always be people in 8 America that hate us. And they come from the 9 other side and they come from within and they 10 join forces. But how fortunate are we when we 11 can turn around and look and say, as Senator 12 Smith, said, the best of all. 13 And we better not make it just 14 small talk that we're going to provide you the 15 equipment, we're going to provide you the 16 money, we're going to do this here. We'd 17 better do it and do it now. Because there is 18 a new group, a new cell out there that is 19 looking to how can we do something else. 20 And we always talk about New York 21 City, because it's a prime target. What about 22 this Capitol? Just think about it. Think 23 about after 9/11 when we lit the bridges, the 24 George Washington Bridge and the others, so

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(518) 371-8910 1 nobody could hide in the corners. And look at 2 the other things that we have. Look at Fort 3 Dix when they wanted to blow up the NCO Club 4 that had 500 GIs in there and their friends. 5 We have a mission, and our mission 6 is to support you 250 percent. Our mission is 7 to make sure that you have the tools that you 8 need. 9 But then there's another thing. 10 When phase one is finished and you've done 11 your job and the media gets on it and then 12 they interview people. Well, poor innocent 13 kids, you know, they came from a poor family, 14 they did this. No, no. No, no. That's BS, 15 and you know what it means. 16 This is America. And how proud we 17 are to have you stand up, sweat, blood and 18 tears for over a year to make sure that this 19 mission was followed through. We're proud of 20 you. I'm damn well proud of you. I look at 21 this as a mission in combat when you sent 22 troops out there and you didn't know how many 23 you were going to get back. 24 Well, we got all of you back, and

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(518) 371-8910 1 we got those who wanted to move the attack 2 forward. We had you putting yourselves 3 together, not worried about who was going to 4 get the credit, but worrying how about we as a 5 joint task force would consolidate all of our 6 information and plan our plan of attack so 7 that we would be there at the responsible time 8 to ensure nothing else fell out of line. 9 From the Stewart Airport, just 10 think about it. We have the C5As, C-130s, the 11 Marines with their gas tanks that go up in the 12 air, find another aircraft and refuel it. 13 Could you imagine what would have happened if 14 they'd have hit one of those aircraft that was 15 taking off with all that gas in it? 16 The bottom line, ladies and 17 gentlemen, is you had a mission and you 18 completed it. And you make us very, very 19 proud. 20 As I stand here knowing some of 21 you, I never expected anything less than this. 22 But as a fellow American, I want to thank you 23 from the bottom of my heart. Because what you 24 did was a clear act of responsibility and

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(518) 371-8910 1 making sure that those who hate us will pay 2 the price. Thank you and God bless you. 3 ACTING PRESIDENT BRESLIN: Thank 4 you, Senator Larkin. 5 Senator Golden. 6 SENATOR GOLDEN: Thank you, 7 Mr. President. I too would like to concur 8 with my colleagues. 9 Today up in the audience we have a 10 church and school from the Brooklyn area of 11 this great city. They're here today to learn 12 what government is all about. St. Athanasius 13 is here to see and to witness how government 14 proceeds and how it works for them as 15 individuals as for families. 16 We just finished celebrating 17 Memorial Day, and our vets allow us to sleep 18 in a blanket of freedom. You, ladies and 19 gentlemen, our police authorities across the 20 state and the nation, allow us to live in a 21 blanket of security. And we can't take that 22 for granted. 23 This task force, it wasn't too long 24 ago, pre-2001, we wouldn't talk to other

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(518) 371-8910 1 police departments. As a former police 2 officer, we wouldn't even talk to the police 3 officers from the Bronx when I worked in 4 Brooklyn. 5 Things have changed dramatically 6 over the years. And today we are in 7 communications across this great state and 8 across this great government and federal 9 government. And the great work that you 10 achieved has made us safer and has sent a 11 message around this state, nation, and world 12 that we are ready, prepared, and our men are 13 out there 24/7 to make sure that we keep this 14 state and nation safe. 15 How easy it is for a surface-to-air 16 missile to be smuggled in. How easy it is for 17 that surface-to-air missile to be launched. 18 How easy it is to snuff lives out like that. 19 We see what comes across our porous borders. 20 We see illegal cigarettes, drugs, aliens. 21 Does anybody really think that we're not 22 getting illegal bombs and makings and 23 equipment to make those bombs? 24 Does anybody really think that

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(518) 371-8910 1 today we caught this cell that we worked so 2 hard to bring to justice, that there's not 3 another cell out there, like Senator Larkin 4 has pointed out, that is just waiting to 5 strike, is just waiting to get out, is just 6 waiting to put some final touches across this 7 great nation so that they can kill Americans, 8 in a train, a bus, an apartment building, wall 9 Street, a park? 10 It's the vigorous work and the 11 energy across all of our departments that made 12 that change today. And across this great 13 nation all of these departments are working 14 together to make sure that in the future we 15 don't see the losses that we seen in 9/11. 16 You've done such great work. And 17 God willing that you stay on your game, and 18 God willing that none of these cells ever get 19 the opportunity to hurt us. But we all know 20 they're there, and we all know that we have to 21 work hard and we have to get that information 22 back and forth to each of our agencies and we 23 have to be able to do all of the undercover 24 work that's needed to be able to prevent a

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(518) 371-8910 1 cell from being and giving the opportunity to 2 strike us. 3 I'm honored to look at each and 4 every one of you for the great work that 5 you've done and to congratulate each and every 6 one of you. Because the message you sent 7 today, the message you sent over this past 8 week across the nation and world is telling 9 them: We're ready. You want to come here? 10 You will pay the price. We will arrest you 11 and we will place you in jail. 12 There's also one other area I want 13 to touch, and I've got to hope that we look at 14 the prison system, because some of these 15 individuals met in prison. Home-grown, some 16 of these individuals. And we have to be 17 ever-ready to make sure that our internal 18 affairs divisions within those institutes are 19 ready and coming up with the information 20 needed to fight this in the future. 21 We don't need to see another 9/11. 22 We don't need to see another American die. 23 What you did this past week, gentlemen, is an 24 honor to yourselves, to the departments that

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(518) 371-8910 1 you represent, an honor to this great state 2 and to this great nation. 3 May God bless you each and every 4 one of you, every one of your families, and 5 may God protect you as you move through your 6 future. 7 ACTING PRESIDENT BRESLIN: Thank 8 you, Senator Golden. 9 Senator Bonacic. 10 SENATOR BONACIC: Thank you, 11 Mr. President. 12 First of all, let me thank our 13 Majority Leader for putting this resolution 14 forward. 15 I'm here to thank our heroes for a 16 very publicized arrest. But the point that 17 I'd like to make is I pass this airport every 18 day. Me and my family use this airport 19 frequently. And when you read about something 20 like this happening, it makes you just stop 21 and pause at how quickly life can change. How 22 the timing of things can result in a tragedy 23 that's close to you and your family and other 24 Americans.

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(518) 371-8910 1 So the point that I'd like to make 2 today to our heroes -- and what I'm going to 3 ask our heroes is to go back and thank your 4 colleagues who every day protect us from acts 5 of terrorism that never make the papers, that 6 are unknown. But you know. But for their 7 acts of courage, bravery, commitment, you save 8 American lives every day. 9 And that's a point that I'd like to 10 make with all of our colleagues. Because we 11 have legislation that comes before us that 12 sometimes can be viewed as hurting law 13 enforcement. 14 And I ask you to make a commitment 15 to yourselves. Think of this day as we go 16 forward in the future when we have those kinds 17 of legislation that come before us, those 18 kinds of financial decisions on making sure 19 our law enforcement have all the equipment and 20 support they need to do their jobs. 21 And the last point that I want to 22 make, we are Americans first. We're not 23 Republican, we're not Democratic. And there's 24 no more silent majority. When we see the

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(518) 371-8910 1 director of Homeland Security saying we 2 shouldn't be calling someone a terrorist, not 3 politically correct, we have to speak out 4 against that kind of rhetoric. We have to 5 speak out against the media that pretends 6 terrorism does not exist or it's a threat 7 that's in the abstract. 8 No matter what you feel about 9 President Bush, we have not had an attack on 10 American soil since 9/11. And thank God for 11 people that we're honoring today and those 12 unknown -- excuse me, unnamed heroes that we 13 don't see every day that do the same kind of 14 acts of bravery. 15 So let's all make a commitment -- 16 not only the rhetoric of this resolution, but 17 a commitment to be more supportive. And 18 whenever we see what's happening in Washington 19 doesn't agree with us as Americans, we stand 20 up and say "You're wrong," regardless of party 21 affiliations. 22 Thank you for being here, 23 gentlemen. God bless you all. 24 Thank you, Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: Thank 2 you, Senator Bonacic. 3 Senator Leibell. 4 SENATOR LEIBELL: Thank you, 5 Mr. President. 6 Like all of my colleagues, I was 7 home this weekend. And there were many 8 parades and local community get-togethers. 9 And it did cross my mind as I saw my 10 constituents, many of the small children 11 there, what a fine line it can be between a 12 day out at a parade in the sun and a real 13 tragedy having occurred. 14 It was only a few days before that 15 we all woke up in the morning to hear on 16 national television of the events that later 17 unfolded more completely. And it was a 18 reminder for all of us. 19 And we're an optimistic nation, and 20 we like to move on. And as we get further and 21 further away from 9/11, it sometimes becomes 22 more difficult. But it's a reminder for all 23 of us what an incredibly dangerous world that 24 we live in.

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(518) 371-8910 1 And for all of us in this 2 legislative body, the first responsibility of 3 every officeholder, regardless of the title, 4 is the safety and well-being of our fellow 5 citizens. We're truly blessed that we have 6 such talented and dedicated professionals who 7 are here in this chamber today and who are 8 backed up by thousands of others around this 9 great country of ours, who daily, whether it's 10 terrorists or criminals of the more average 11 kind, who are daily out there protecting all 12 of us and our families. And to see this joint 13 effort on behalf of our federal authorities, 14 our state, our local authorities to protect 15 all of us is truly a gratifying thing. 16 And I might add, with my dear 17 friend and colleague Senator Adams, who's 18 chair of Homeland Security, we have a 19 committee here in this legislative body that 20 is dedicated to doing everything we can do to 21 giving you, as the Majority Leader said, all 22 the support that you need. 23 And you should leave here knowing 24 today, whatever you read in the newspapers,

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(518) 371-8910 1 this committee is totally, totally bipartisan 2 and works to make sure that this state and 3 this nation is safe. 4 Thank you for your efforts and 5 thank you, Leader, for this resolution. 6 ACTING PRESIDENT BRESLIN: Thank 7 you, Senator Leibell. 8 Senator Klein. 9 SENATOR KLEIN: Thank you, 10 Mr. President. 11 I want to thank our Majority 12 Leader, Senator Malcolm Smith, for bringing 13 this resolution before us today. And I also 14 want to thank Majority Leader Smith for his 15 commitment to law enforcement. I know all of 16 us in this state certainly feel safer knowing 17 his strong commitment to law enforcement. I 18 thank you for that. 19 I know it's certainly appropriate 20 that we recognize our men and women in law 21 enforcement today. They're our heroes. 22 Coming as it did, yesterday being Memorial 23 Day, where we celebrated our freedoms, that 24 the coinage used to purchase those freedoms

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(518) 371-8910 1 was the life and limbs of American veterans. 2 Well, we certainly have heroes here 3 today once again defending our freedoms. And 4 I thank you each and every one of you for 5 that. As one of the Senators who represents 6 parts of Riverdale, with my colleague Senator 7 Schneiderman, this certainly hit home and hit 8 home very fast. 9 And I really want to thank each and 10 every one of you, as I said. Denise 11 O'Donnell, Tom Donlon. But I do want to 12 really to focus and really sort of 13 congratulate one specific individual who's 14 been a friend of mine for some time, and 15 that's Deputy Chief James Shea. 16 They say life is circular. Well, 17 when 9/11 hit, I think each and every one of 18 us in this chamber and really probably 19 everyone across America -- specifically, 20 New York -- knows where you were and what you 21 did on 9/11. 22 Well, I was in my district in the 23 Bronx. As we all know, it was Primary Day. 24 And the first thing that I did was go to my

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(518) 371-8910 1 local precinct, the 49th Precinct. And at the 2 time, Captain Shea was the commanding officer 3 of that precinct. He's someone whose 4 everything I think a law enforcement officer 5 should be -- brave, intelligent, understands 6 how to rise to the occasion in every dangerous 7 situation. 8 My office helped out at the time, 9 myself included, in taking phone calls, 10 because a lot of the officers were either down 11 at the site or couldn't get in from where they 12 lived around the city or around the state. 13 We also went together to Jacobi 14 Hospital, because at the time we thought that 15 that's where the morgue was going to be set up 16 for 9/11. We all know now that those bodies 17 never came to a morgue in Jacobi Hospital or 18 anyplace else. 19 But I know here we are, you know, 20 full circle. And as Eric Schneiderman said, 21 and our Leader Smith, this potentially could 22 have been another 9/11. We don't measure the 23 number of victims. But we do know, 24 unfortunately, that in this day and age,

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(518) 371-8910 1 standing here in this Senate chamber, our 2 system of democracy, which takes place here 3 each and every day, we still unfortunately 4 have crimes of hate. We still have crimes of 5 hate against the Jewish people and against our 6 American way of life. 7 And we thank you for stepping in, 8 having the intelligence, having the 9 wherewithal to prevent another 9/11. I thank 10 you all. 11 ACTING PRESIDENT BRESLIN: Thank 12 you, Senator Klein. 13 Senator Liz Krueger. 14 SENATOR LIZ KRUEGER: I also 15 wanted to rise to thank you, to thank you all 16 for what you've done for us and what you 17 continue to do every day. 18 And so many of my colleagues have 19 already said this, so I will just make it 20 brief. It's important to remember that we do 21 live in a dangerous world and that there is an 22 important need for crime fighting and 23 investigation and antiterrorism work. 24 And I know that this time it was

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(518) 371-8910 1 synagogues. And my synagogue talks about how 2 we've had to increase security. But I think 3 it is important to recognize that the leaders 4 of every religion in this world have 5 recognized that there is no religion that 6 teaches violence, that this is not going to 7 solve our problems, that the challenge for 8 this country and this world is figuring out 9 how to work out our differences and understand 10 what it means to be smart and effective and 11 secure without needing to turn to violence. 12 And the importance of remembering 13 that, like the rest of the world, America now 14 has joined the other nations on this planet in 15 having to deal with homeland security and the 16 risk of terrorist attacks from external and 17 internal. 18 So I want to thank you for your 19 diligence and your skills in protecting us, 20 and understand that we have to do this every 21 day, but perhaps we don't recognize the hard 22 work that you're doing on our behalf. So 23 thank you. 24 ACTING PRESIDENT BRESLIN: Thank

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(518) 371-8910 1 you, Senator Krueger. 2 Senator Oppenheimer. 3 SENATOR OPPENHEIMER: Well, I 4 think Senator Krueger said most of what I 5 wanted to say. And that is we know we now 6 live in a dangerous world, ever since 9/11. 7 And it's really changed our world, and it's 8 maybe made us not only less safe but more 9 fearful of others. 10 And when I go into my synagogue on 11 holidays in Westchester, we have police there 12 and we have to open our purses. This is very 13 hard for, you know, those of us entering our 14 house of worship thinking that this is 15 necessary. 16 But I guess it's the world now. 17 And I've heard so many times of things that 18 you folks have interrupted that it doesn't 19 reach the press, but you've protected us by 20 interrupting it before it became a reality. 21 And so I thank you so much for the 22 work you do and the sharing of the information 23 that you do with each other and 24 internationally as well as nationally, and

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(518) 371-8910 1 also for your competence and your skill. 2 And in spite of this crazy world we 3 live in, I feel safer and have more peace of 4 mind because you're there. So I thank you 5 very much. 6 ACTING PRESIDENT BRESLIN: Thank 7 you, Senator Oppenheimer. 8 Senator Skelos. 9 SENATOR SKELOS: Thank you, 10 Mr. President. I too rise to say thank you to 11 all of you for your great work. 12 And, you know, as Americans we tend 13 to be very optimistic -- which we should be -- 14 about our great country. We are positive 15 people. And sometimes we like to put bad 16 memories behind us, which I think is a natural 17 human trait. 18 But as this event unfolded -- and 19 again, we say thank you to you for not 20 allowing it to be the tragedy that it could 21 have been -- we reflect upon what's happening 22 not just in our country but in the world. 23 We see, with North Korea testing 24 nuclear weapons now, we see them firing

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(518) 371-8910 1 missiles. Senator Klein mentioned about 2 terrorists wanting to kill people of the 3 Jewish faith within this country. And there's 4 no question, and we're glad that was stopped. 5 But you have the country of Iran that wants to 6 destroy the Jewish nation. 7 So there is so much hate out in 8 this world that it also continues to permeate 9 within this country. 10 All of you worked in coordination 11 with each other, which is something to be 12 marveled. Because so many times different 13 agency, they conflict with each other or they 14 push each other away rather than working in a 15 cooperative fashion. And we welcome Jim 16 Sherry, who used to work in the Senate for so 17 many years, who works now with Homeland 18 Security. 19 But I think it also points out that 20 you can work in such a coordinated fashion, 21 but if you don't have the intelligence 22 available to you, it doesn't mean anything. 23 You need to have the intelligence. 24 And that's why as a nation we

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(518) 371-8910 1 should think about intelligence-gathering and 2 how important it is to be able to give law 3 enforcement the information and knowledge to 4 be able to fight terrorism. 5 And it was mentioned -- and this is 6 not a partisan day -- that there has not been 7 an attack on this nation since 9/11, thank 8 God, and that our intelligence-gathering 9 system within this country has been enhanced 10 over the last eight years. And I think 11 President Obama even understands, as you move 12 away from campaigns into the real world of 13 being a president, that gathering information, 14 intelligence to fight terrorism is critically 15 important and that you just can't exclude one 16 method or the other. 17 So we say thank you. We say thank 18 you to all of you for saving so many lives. 19 We thank you for being really the forefront of 20 fighting terrorism in this country. And we 21 hope that your work continues in a very 22 positive way but somehow we stop the hate, the 23 hate that exists within this nation and this 24 world.

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: Thank 2 you, Senator Skelos. 3 Are there any other Senators 4 wishing to be heard on the resolution? 5 Senator Adams. 6 SENATOR ADAMS: Mr. President, I 7 rise, I too just want to point out that for 8 the men and women who don a uniform of law 9 enforcement, it doesn't matter if it's gray or 10 blue, the concern is the same. 11 Every day is game day. They don't 12 have the luxury of having a bad day or an off 13 day. Every day is game day. Every day, they 14 have to make sure they're at the top of their 15 game. 16 And the beauty -- I intentionally 17 waited until everyone spoke, because the 18 beauty of law enforcement, it doesn't matter 19 if it's Clinton, Bush, Malcolm or Bruno, 20 they're professionals. They do not decide if 21 they're going to police Riverdale if it's a 22 Republican-controlled district or Brooklyn if 23 it's a Democratic-controlled district. All 24 they know is they have the responsibility of

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(518) 371-8910 1 ensuring the cornerstone of prosperity is 2 peace. That's all they know. 3 They don't know all this other 4 stuff that we are spewing out about when 5 someone was in office or they weren't in 6 office or how good we were or how bad we were. 7 Go down your list of all your presidents, all 8 your mayors, all your governors. The only 9 thing consistent in the State of New York is 10 you had a professional group of men and women 11 who stated, I'm not concerned with politics, 12 I'm concerned with public safety. 13 That's what this is about. It 14 doesn't matter which side of the aisle you sit 15 on. If individuals would have lost their life 16 in Riverdale, the state would have mourned, 17 and that mourning would have cascaded out 18 throughout the entire country. And once 19 again, the message would have been sent 20 throughout this entire globe that America is 21 vulnerable. 22 Our men and women who stay up at 23 night to make sure we're safe can care less 24 about any of the rhetoric of who's in power

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(518) 371-8910 1 and who's not in power. They're concerned 2 about the peace of this state. That's what 3 I'm proud of. 4 And anyone that doesn't know their 5 dedication should never question it, each 6 night that they strap on a police vest, ready 7 to take a bullet for the people of this state. 8 That's what's great about the state agencies 9 that protect us. 10 Twenty-one years of my life, no 11 matter how many times I would criticize police 12 practices, no matter how many times I would 13 question methodologies and mannerisms -- when 14 it was time to step into that precinct and put 15 on that blue uniform and that bulletproof 16 vest, all that went out the window. 17 That's who you see here today. 18 This is who you see. From chief to cop to 19 state trooper to investigator to detective to 20 inspector to colonel, all the politics that 21 are spewed out from Washington, D.C., to 22 Washington Avenue in Albany means nothing to 23 them. All they know, we've got to protect the 24 people from the bad guys. Simple language.

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(518) 371-8910 1 It's not complicated to them. 2 When they started an investigation 3 a year ago, it didn't matter if Bush was in 4 office; they knew they had to stop a person 5 from blowing up a synagogue if Obama won or 6 lost. This is all these men and women know, 7 protecting the State of New York. 8 So yes, we're going to argue in 9 here over philosophical disagreements. Yes, 10 we're going to argue over budgetary 11 constraints. Yes, we're going to argue could 12 we have done something different. Yes, we're 13 going to argue on the death penalty and laws 14 and crimes. Yes, we are. But you know what? 15 No matter who wins or loses the argument, 16 they're going to still be protecting the 17 people, no matter what. 18 That's what we're proud of. And 19 that's the energy and spirit of today. 20 They're doing their job. Are we doing ours? 21 How the heck did three people in 22 this great country believe that they could get 23 a better satisfaction out of placing a bomb in 24 front of a synagogue or blowing up a plane?

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(518) 371-8910 1 Are we creating the opportunities 2 that are needed in this country? How the heck 3 did three or four people become that 4 despondent about the greatest country on the 5 globe that they felt they can funnel their 6 anger into destroying someone because of their 7 religious beliefs? 8 We can't continue to create an 9 environment that's going to cost this 10 institution to continue to fix. We can't keep 11 saying, Whew, we made it. That's not how 12 we're supposed to live. They're doing their 13 job. Now let's do ours. 14 Let's make sure that they don't 15 have to spend a year of investigating four 16 losers. Let's make sure they don't have to 17 spend 365 days of staying on top of them, of 18 using canines, helicopters, police dogs, 19 manpower, investigation. Let's make sure they 20 don't have to do that. Let's do what we have 21 to do here. 22 Instead of majoring in minor 23 issues, let's make sure we create a state that 24 can show the country how you don't have

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(518) 371-8910 1 individuals that would rather blow up a 2 building, but let's give them what they need 3 to build a building. I want to build this 4 state. 5 These men and women are consistent 6 in their maintaining of prosperity in the 7 State of New York through public safety. 8 Let's be consistent in bringing this state out 9 of the depths of hatred when you decide you 10 want to destroy and kill someone because of 11 their religious belief. 12 The issue is not going to go away. 13 I don't want a state of people who are hugging 14 hatred and expecting our law enforcement to 15 solve the problem that we're creating. We can 16 do better. We have to do better. We will do 17 better. Then we can match what they're doing. 18 They did their job. Let's do our job. 19 Instead of overtime, let them spend 20 time home with their children. Instead of 21 wondering where the next threat is coming 22 from, let's create an atmosphere where America 23 doesn't have to have a threat. I don't want 24 an imported terrorist, and I don't want a

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(518) 371-8910 1 home-grown terrorist. 2 And let me say this to those out 3 there who state that, Well, the four people 4 who decided to commit this act didn't think of 5 it on their own -- that doesn't matter. It's 6 against the law to place a bomb in front of a 7 building. Duh. It's wrong. 8 You can't hide behind poverty. You 9 can't hide behind pain. You can't hide behind 10 your position in society. You can't hide 11 where you were born, where you are from, your 12 skin pigmentation. 13 On the same day that a woman went 14 from the projects to the Supreme Court, that's 15 the message in America: You can't hide behind 16 who and what you are and believe you can 17 inflict pain on others because of your 18 condition. It's against the law. Our men and 19 women of law enforcement protect us from that 20 law. We commend them. 21 And I want to reiterate what was 22 said by Senator Leibell. There is no 23 committee in the State Senate where two men 24 are more clear on a vision. Senator Leibell

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(518) 371-8910 1 and I are clear, our goal will never be 2 brought down in the gutter of patronage 3 politics. We will protect the State of 4 New York in our capacity as State Senators. 5 That is a commitment we made to each other. 6 No terrorist stops and says hold up 7 on blowing up this location because this 8 person is a Democrat or a Republican. No 9 funeral is more tolerable because the person 10 is on that side of the aisle or this side of 11 the aisle. 12 If no one else understands, he and 13 I understand we are in this together. And you 14 all better realize it, we are in this 15 together. People want to hurt the American 16 way of life. I know which side I'm on. I 17 know which side these men and women are on. 18 These are our partners. They're doing their 19 side. We must do ours. 20 We thank you. We commend you for 21 what you do and all of your agencies on the 22 city, state and federal level. And we will 23 make sure we commit ourselves to make sure you 24 have the resources to do your job.

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(518) 371-8910 1 Again, we thank you. 2 ACTING PRESIDENT BRESLIN: Thank 3 you, Senator Adams. 4 Senator Stachowski. 5 SENATOR STACHOWSKI: Thank you, 6 Mr. President. 7 I too would like to thank Senator 8 Smith for the resolution, but, more 9 importantly, for bringing this team here. 10 We'd like to congratulate you on a 11 job well done. That when different units can 12 work together, it's not always the easiest, 13 but it seems to accomplish the most. And 14 working together is what you've done and done 15 to a great successful end. 16 And it's obvious that a lot of 17 other teams work together in the state in 18 similar situations as you men and women are, 19 and many times we never hear about it, thank 20 God, because nothing comes of it or, because 21 of your work, it dissipates before it gets to 22 the point that this incident got to. 23 I'd like to thank you for your 24 dedication, for your perseverance, for your

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(518) 371-8910 1 teamwork. And I think this is -- we're 2 fortunate to have an example like this to 3 remind the people in this state that we're not 4 beyond anybody's reach. And that it's because 5 of people like the people on your team that we 6 stay safe, and we should always be alert and 7 always be thankful for the people that do your 8 job and many times go unthanked for the things 9 you do every day to make us safer. 10 So thank you. 11 ACTING PRESIDENT BRESLIN: Thank 12 you, Senator Stachowski. 13 Senator Sampson. 14 SENATOR SAMPSON: Thank you very 15 much, Mr. President. 16 I rise to congratulate the Majority 17 Leader for bringing this resolution to the 18 forefront. 19 And I want to thank you all for 20 your commitment but most of all your 21 dedication. Because as Senator Adams said, 22 it's not whether you ask a person whether they 23 are Republican or Democrat or independent, 24 your concern is about the public safety of all

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(518) 371-8910 1 the citizenry of New York State. 2 But most of all, whether you're at 3 a synagogue, whether you're at a church, a 4 temple or any house of worship, terrorism will 5 not be tolerated. We will hunt you down, we 6 will catch you, and we will prosecute you to 7 the fullest extent of the law. 8 But most of all, remember this. 9 This is not about rhetoric. We don't believe 10 in rhetoric, we don't practice rhetoric, we 11 don't preach rhetoric. The issue is about 12 making sure that we provide the resources for 13 the men and women who put their life on the 14 line on a day-to-day basis. 15 But at the same time we understand 16 that we cannot trample the freedom, the 17 inalienable rights that we protest every 18 single day with respect to our country. 19 Because it is those rights that are envied and 20 admired by people throughout the world, and 21 especially those terrorists are trying to kill 22 those rights which the United States of 23 America practices. 24 But most of all, the terrorist is

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(518) 371-8910 1 not concerned about your ethnicity, your race, 2 your gender or your religion. They're 3 concerned about making sure that they end all 4 patriotism that we have for this great 5 country. 6 So I rise to thank you very much. 7 Thank you very much, because you have made our 8 lives a lot safer. But at the same time, we 9 have to make sure that we provide you with the 10 resources. This is not about talk. This is 11 about, as our leader said, making sure that we 12 give you all the resources that are necessary 13 so we as Americans can sleep safe at night. 14 Thank you very much. 15 ACTING PRESIDENT BRESLIN: Thank 16 you, Senator Sampson. 17 Senator DeFrancisco. 18 SENATOR DeFRANCISCO: First of 19 all, the main reason I rise is I just don't 20 want there to be left an impression with our 21 wonderful guests here from some of the remarks 22 of Senator Adams that there's ever been any 23 lack of unity by both parties in supporting 24 your efforts and the efforts of people like

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(518) 371-8910 1 you and the law enforcement community to fight 2 terrorism. 3 There were some suggestions that 4 we've got to remain together on this. And I 5 don't think there's ever been an indication 6 from either side of the aisle that we haven't. 7 And I don't want you to be left with the false 8 impression that maybe there's been some 9 disputes that you're unaware of, because there 10 haven't been. We will always, on both sides 11 of the aisle, support you. 12 The other comment I just wanted to 13 make is that a remark that Senator Adams made 14 is that we cannot continue the environment -- 15 we must not continue to create an environment 16 where people will be encouraged to do this 17 type of thing. I don't think we've ever 18 created an environment that encourages anybody 19 to blow up synagogues. That's simply not the 20 case. We're not creating an environment. 21 And his comment to the fact that we 22 should provide what is needed for these people 23 so they will build buildings rather than blow 24 them up, I don't subscribe to that at all

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(518) 371-8910 1 either. 2 There are some crazy, antisocial 3 people that have their own view of the world. 4 No matter what we can provide for them will 5 never, ever stop that type of person from 6 committing the type of acts that that person 7 wants to commit. 8 And we are so thankful that you're 9 here, because you're our last line of defense. 10 And the acts that you have done to prevent 11 this type of thing, we just cannot thank you 12 enough. 13 So we are united in supporting you. 14 We can provide for those who want to act 15 constructively. We could never provide in 16 this chamber anything that will change 17 people's minds that have this type of attitude 18 about life and the lack of value of life for 19 some type of goal that none of us could 20 understand. 21 So again, on behalf of all of us, 22 thank you for what you've done. And we will 23 continue to support you, both sides of the 24 aisle, to do what has to be done to protect

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(518) 371-8910 1 our citizens of this state. 2 Thank you. 3 ACTING PRESIDENT BRESLIN: Thank 4 you, Senator DeFrancisco. 5 The question is on the resolution. 6 All those in favor please signify by saying 7 aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT BRESLIN: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT BRESLIN: The 13 resolution is adopted. 14 (Standing ovation.) 15 ACTING PRESIDENT BRESLIN: At the 16 request of the sponsor, the resolution is open 17 for multisponsorship by the entire house. Any 18 member wishing not to be a sponsor should so 19 inform the desk of that fact. 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, I 22 have a substitution and three other motions. 23 First, the substitution. On behalf 24 of Senator Savino, I wish to call up Calendar

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(518) 371-8910 1 Number 322, Assembly Print Number 4106A. I 2 now move to reconsider the vote by which this 3 Assembly bill was substituted by Senator 4 Savino. 5 ACTING PRESIDENT BRESLIN: The 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 322, by Member of the Assembly Abbate, 9 Assembly Print Number 4106A, an act to amend 10 the Public Officers Law. 11 ACTING PRESIDENT BRESLIN: 12 Senator Klein. 13 SENATOR KLEIN: I now move that 14 Assembly Bill Number 4106 be recommitted to 15 the Committee on Investigations and the Senate 16 bill be restored to the order of Third Reading 17 Calendar. 18 ACTING PRESIDENT BRESLIN: First 19 we will call the roll on reconsideration. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT BRESLIN: The 23 bill is before the house and restored to its 24 place on the Third Reading Calendar.

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(518) 371-8910 1 Senator Klein. 2 SENATOR KLEIN: Mr. President, I 3 now offer the following amendments. 4 ACTING PRESIDENT BRESLIN: The 5 amendments are received. 6 Senator Klein. 7 SENATOR KLEIN: Amendments are 8 offered to the following Third Reading 9 Calendar bills. 10 By Senator Duane, page 25, Calendar 11 Number 254, Senate Print 3911. 12 On behalf of Senator Craig Johnson, 13 page 25, Calendar Number 265, Senate Print 14 3821A. 15 On behalf of Senator Stavisky, page 16 number 28, Calendar 300, Senate Print 1735A. 17 ACTING PRESIDENT BRESLIN: So 18 ordered. 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, 21 are there any other substitutions at the desk? 22 ACTING PRESIDENT BRESLIN: Yes, 23 there are, Senator Klein. 24 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: On page 32, 2 Senator Montgomery moves to discharge, from 3 the Committee on Crime Victims, Crime and 4 Corrections, Assembly Bill Number 4516C and 5 substitute it for the identical Senate Bill 6 Number 3438A, Third Reading Calendar 345. 7 On page 32, Senator 8 Hassell-Thompson moves to discharge, from the 9 Committee on Crime Victims, Crime and 10 Corrections, Assembly Bill Number 6532B and 11 substitute it for the identical Senate Bill 12 Number 4405A, Third Reading Calendar 348. 13 On page 5, Senator Breslin moves to 14 discharge, from the Committee on Judiciary, 15 Assembly Bill Number 2369 and substitute it 16 for the identical Senate Bill Number 800, 17 Second Report Calendar 353. 18 On page 5, Senator Sampson moves to 19 discharge, from the Committee on Judiciary, 20 Assembly Bill Number 7561 and substitute it 21 for the identical Senate Bill Number 2851A, 22 Second Report Calendar 355. 23 On page 5, Senator Sampson moves to 24 discharge, from the Committee on Judiciary,

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(518) 371-8910 1 Assembly Bill Number 2762A and substitute it 2 for the identical Senate Bill Number 4030, 3 Second Report Calendar 359. 4 On page 5, Senator Hassell-Thompson 5 moves to discharge, from the Committee on 6 Judiciary, Assembly Bill Number 5598 and 7 substitute it for the identical Senate Bill 8 Number 4124, Second Report Calendar 360. 9 On page 5, Senator Sampson moves to 10 discharge, from the Committee on Judiciary, 11 Assembly Bill Number 7570 and substitute it 12 for the identical Senate Bill Number 4533, 13 Second Report Calendar 361. 14 On page 6, Senator Espada moves to 15 discharge, from the Committee on Finance, 16 Assembly Bill Number 7087A and substitute it 17 for the identical Senate Bill Number 2865A, 18 Second Report Calendar 368. 19 On page 7, Senator L. Krueger moves 20 to discharge, from the Committee on 21 Corporations, Authorities and Commissions, 22 Assembly Bill Number 4166 and substitute it 23 for the identical Senate Bill Number 3594, 24 Second Report Calendar 376.

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(518) 371-8910 1 On page 7, Senator Duane moves to 2 discharge, from the Committee on Health, 3 Assembly Bill Number 301 and substitute it for 4 the identical Senate Bill Number 3840, Second 5 Report Calendar 377. 6 On page 8, Senator Morahan moves to 7 discharge, from the Committee on Finance, 8 Assembly Bill Number 7068 and substitute it 9 for the identical Senate Bill Number 5323, 10 Second Report Calendar 381. 11 On page 9, Senator Sampson moves to 12 discharge, from the Committee on Codes, 13 Assembly Bill Number 2500 and substitute it 14 for the identical Senate Bill Number 2461, 15 Second Report Calendar 387. 16 On page 9, Senator Stewart-Cousins 17 moves to discharge, from the Committee on 18 Labor, Assembly Bill Number 215 and substitute 19 it for the identical Senate Bill Number 2904, 20 Second Report Calendar 389. 21 On page 9, Senator Thompson moves 22 to discharge, from the Committee on Cultural 23 Affairs, Tourism, Parks and Recreation, 24 Assembly Bill Number 6784 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 3024, 2 Second Report Calendar 390. 3 On page 10, Senator 4 Hassell-Thompson moves to discharge, from the 5 Committee on Codes, Assembly Bill Number 3664 6 and substitute it for the identical Senate 7 Bill Number 4366, Second Report Calendar 391. 8 On page 10, Senator Fuschillo moves 9 to discharge, from the Committee on Health, 10 Assembly Bill Number 5320 and substitute it 11 for the identical Senate Bill Number 629, 12 Second Report Calendar 395. 13 On page 11, Senator C. Johnson 14 moves to discharge, from the Committee on 15 Investigations and Government Operations, 16 Assembly Bill Number 1203 and substitute it 17 for the identical Senate Bill Number 3563, 18 Second Report Calendar 406. 19 On page 11, Senator Serrano moves 20 to discharge, from the Committee on 21 Investigations and Government Operations, 22 Assembly Bill Number 4544 and substitute it 23 for the identical Senate Bill Number 3656, 24 Second Report Calendar 407.

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(518) 371-8910 1 On page 12, Senator Squadron moves 2 to discharge, from the Committee on Social 3 Services, Assembly Bill Number 3378 and 4 substitute it for the identical Senate Bill 5 Number 4077, Second Report Calendar 419. 6 On page 13, Senator Valesky moves 7 to discharge, from the Committee on Commerce, 8 Economic Development and Small Business, 9 Assembly Bill Number 2321 and substitute it 10 for the identical Senate Bill Number 3492, 11 Second Report Calendar 420. 12 And on page 13, Senator 13 Hassell-Thompson moves to discharge, from the 14 Committee on Commerce, Economic Development 15 and Small Business, Assembly Bill Number 350 16 and substitute it for the identical Senate 17 Bill Number 5041, Second Report Calendar 421. 18 ACTING PRESIDENT BRESLIN: 19 Substitutions ordered. 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, 22 can we now go to a reading of the Senate 23 calendar. 24 ACTING PRESIDENT BRESLIN: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 57, by Member of the Assembly Sayward, 4 Assembly Print Number 2029A, an act to 5 authorize certain healthcare professionals. 6 ACTING PRESIDENT BRESLIN: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect July 22. 10 ACTING PRESIDENT BRESLIN: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT BRESLIN: 14 Announce the results. 15 THE SECRETARY: Ayes, 61. 16 ACTING PRESIDENT BRESLIN: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 198, by Senator Winner, Senate Print 3225, an 20 act to amend the Tax Law, in relation to 21 extending the authorization. 22 ACTING PRESIDENT BRESLIN: There 23 is a home-rule message at the desk. 24 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT BRESLIN: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT BRESLIN: 7 Announce the results. 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT BRESLIN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 203, by Senator Aubertine, Senate Print Number 13 3737, an act to amend the Tax Law, in relation 14 to imposition of sales and compensating use 15 taxes. 16 ACTING PRESIDENT BRESLIN: There 17 is a home-rule message at the desk. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT BRESLIN: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT BRESLIN:

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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT BRESLIN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 234, by Senator Addabbo, Senate Print Number 7 4244, an act to amend the Election Law, in 8 relation to checks of registrants. 9 ACTING PRESIDENT BRESLIN: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT BRESLIN: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT BRESLIN: 17 Announce the results. 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT BRESLIN: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 237, by Senator C. Kruger, Senate Print 4408, 23 an act to amend the Election Law, in relation 24 to filing of papers.

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT BRESLIN: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT BRESLIN: 9 Senator Maziarz, why do you rise? 10 SENATOR MAZIARZ: Thank you very 11 much, Mr. President. I rise to explain my 12 vote. 13 ACTING PRESIDENT BRESLIN: 14 Senator Maziarz, to explain his vote. 15 SENATOR MAZIARZ: Thank you very 16 much, Mr. President. 17 I'm certain that my good friend 18 Senator Kruger has nothing but the best of 19 intentions with this bill. But really what 20 this bill is about is just a little bit more 21 of privatization of the United States Postal 22 Service. 23 This bill will increase postage 24 rates in New York State and in the United

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(518) 371-8910 1 States, will help that. This bill will put 2 very hardworking unionized postal workers out 3 of work as more and more mail may shift over 4 to privatized carriers. 5 The privatized carriers that the 6 sponsor mentions in the bill memo are both 7 much more expensive than the United States 8 Postal Service. Boards of Elections have for 9 years considered the postmark, the United 10 States Post Office postmark, as being the 11 decision-maker in what time a piece of mail 12 was sent. 13 I think for the postal service the 14 employees do a great job. Every day on my way 15 into work, Senator Kruger, I stop at the 16 Sanborn Post Office, and the employees there 17 are very concerned about the continuation of 18 the Sanborn Post Office and small post offices 19 in small communities across New York. And I 20 think this bill would help put some of those 21 postal workers out of work and some of those 22 post offices be forced to close. 23 So, Mr. President, I am going to be 24 voting in the negative. Thank you very much

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(518) 371-8910 1 for your time. 2 ACTING PRESIDENT BRESLIN: 3 Senator Maziarz, you will be recorded in the 4 negative. 5 Senator Robach, to explain his 6 vote. 7 SENATOR ROBACH: Yes, I join my 8 colleague Senator Maziarz. I too am going to 9 vote no for this, for many of the reasons he 10 stated. 11 The other kind of concern I have 12 too, a lot of times, being in this business, 13 the time sensitivity of mail and this type of 14 mail, I don't think there's any greater 15 standard than the postmark of the U.S. Postal 16 Service -- when that got in, when that got 17 out, all of the above. 18 And no one has ever come to my 19 office and said let's change this for any 20 reason, so I don't really know where the 21 constituency is or don't see where it helps. 22 At a time where we're trying to, I guess, 23 increase, I would like to think, postal 24 services to try and control those rates that

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(518) 371-8910 1 people are concerned with, this seems to sort 2 of go in the opposite direction, and I'm not 3 sure to whose benefit. 4 So I'll be joining my colleague 5 Senator Maziarz in casting my vote in the 6 negative. Thank you, Mr. President. 7 ACTING PRESIDENT BRESLIN: 8 Senator Robach will be recorded in the 9 negative. 10 Announce the results. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 237 are 13 Senators Bonacic, Farley, Lanza, Larkin, 14 Little, Marcellino, Maziarz, Morahan, Robach, 15 Saland and Robach. 16 Ayes, 50. Nays, 11. 17 ACTING PRESIDENT BRESLIN: The 18 bill is passed. 19 The Secretary will continue to 20 read. 21 THE SECRETARY: Calendar Number 22 247, by Senator Stachowski, Senate Print 1944, 23 an act to amend the -- 24 SENATOR KLEIN: Lay that bill

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(518) 371-8910 1 aside for the day, please. 2 ACTING PRESIDENT BRESLIN: The 3 bill is laid aside for the day. 4 THE SECRETARY: Calendar Number 5 268, by Senator Stavisky -- 6 SENATOR KLEIN: Lay that bill 7 aside for the day as well. 8 ACTING PRESIDENT BRESLIN: Lay it 9 aside for the day. 10 THE SECRETARY: Calendar Number 11 287, by Senator Breslin, Senate Print 3577, an 12 act to amend the Insurance Law, in relation to 13 authorizing. 14 ACTING PRESIDENT BRESLIN: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT BRESLIN: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT BRESLIN: 22 Announce the results quickly. 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT BRESLIN: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 288, by Senator Breslin, Senate Print 4463, an 4 act to amend the Insurance Law and the 5 Workers' Compensation Law, in relation to 6 requiring. 7 ACTING PRESIDENT BRESLIN: Read 8 the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect on the first of January 11 next succeeding. 12 ACTING PRESIDENT BRESLIN: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT BRESLIN: 16 Announce the results. 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT BRESLIN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 289, by Senator Breslin, Senate Print 4768, an 22 act to amend the Insurance Law, in relation to 23 establishing risk-based capital requirements. 24 ACTING PRESIDENT BRESLIN: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 5. This 3 act shall take effect immediately. 4 ACTING PRESIDENT BRESLIN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT BRESLIN: 8 Announce the results. 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT BRESLIN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 293, by Senator Klein, Senate Print 1839, an 14 act to amend the Elder Law, in relation to 15 eligibility levels. 16 ACTING PRESIDENT BRESLIN: Read 17 the last section. 18 THE SECRETARY: Section 4. This 19 act shall take effect immediately. 20 ACTING PRESIDENT BRESLIN: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT BRESLIN: 24 Senator Klein, to explain his vote.

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(518) 371-8910 1 SENATOR KLEIN: To briefly 2 explain my vote, Mr. President. 3 This legislation of course raises 4 the income eligibility for the EPIC 5 prescription drug program. 6 I think, as we all know, one of the 7 great programs we have for senior citizens in 8 the State of New York is the EPIC program, 9 which allows senior citizens to save up to 10 80 percent on their prescription drug costs. 11 During these tough fiscal times, when it's 12 tougher and tougher for seniors who live on a 13 fixed income, it becomes even more important 14 that we raise the income level so more and 15 more seniors can take part in this important 16 program. 17 We're looking at probably more than 18 5,000 more seniors around the State of 19 New York who, because of this legislation, 20 will now be able to get discounted drugs and 21 save money or prescription drugs as the others 22 who took part in this program. 23 So I want to thank Reverend Diaz, 24 who I worked with on this legislation. Of

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(518) 371-8910 1 course I vote yes. 2 ACTING PRESIDENT BRESLIN: 3 Senator Klein will be recorded in the 4 affirmative. 5 Senator DeFrancisco, to explain his 6 vote. 7 SENATOR DeFRANCISCO: Yes, I'm 8 going to vote yes on this bill. 9 I just wanted to point out that 10 there must be some budgetary implications to 11 the State of New York as a result of providing 12 more people with benefits that they otherwise 13 would not have had. I guess the original 14 estimates were about a million-three for the 15 first year and probably twice to three times 16 that after the first year. 17 And, you know, while it's wonderful 18 to do this, and I support the bill, you would 19 think that this would be discussed at the 20 budget time so that we could see how we're 21 going to pay for it, especially in view of the 22 Governor's -- excuse me, the Comptroller's 23 recent remarks about a bigger deficit than we 24 anticipated. Unless, of course, taxes from

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(518) 371-8910 1 Indian sales of cigarettes are going to pay 2 this, we'd like to figure out how it's going 3 to be paid for. 4 So hopefully in future years we'll 5 do this around budget time so we can actually 6 pay for these additional benefits. 7 Thank you. 8 ACTING PRESIDENT BRESLIN: 9 Senator DeFrancisco will be recorded in the 10 affirmative. 11 Announce the results. 12 THE SECRETARY: Ayes, 61. Nays, 13 0. 14 ACTING PRESIDENT BRESLIN: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 308, by Senator Hassell-Thompson, Senate Print 18 4018, an act to amend the Penal Law, in 19 relation to assault. 20 ACTING PRESIDENT BRESLIN: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the first of 24 November.

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT BRESLIN: 5 Announce the results. 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT BRESLIN: The 8 bill is passed. 9 Excuse me, Senator DeFrancisco, to 10 explain his vote. 11 SENATOR DeFRANCISCO: This is on 12 308? 13 ACTING PRESIDENT BRESLIN: 308, 14 that's correct, Senator DeFrancisco. 15 SENATOR DeFRANCISCO: I'm going 16 to vote yes but state what I state every 17 single time one of these bills comes up. 18 If we expand the number of people 19 who, if assaulted, raises the crime from an 20 assault third to an assault second, anymore 21 I'm not sure that there's enough people left 22 at this point in time, there's so many 23 exceptions to the general rule. 24 And one of these days someone is

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(518) 371-8910 1 going to do this and, namely, make it an 2 assault second no matter who the victim 3 happens to be and let the judges decide what 4 the appropriate sentence is. 5 But I vote aye. Thank you. 6 ACTING PRESIDENT BRESLIN: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 309, by Member of the Assembly Scarborough, 10 Assembly Print Number 3468, an act to amend 11 the Civil Rights Law. 12 ACTING PRESIDENT BRESLIN: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT BRESLIN: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT BRESLIN: 20 Announce the results. 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT BRESLIN: The 23 bill is passed. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 316, by Senator Foley, Senate Print 4024, an 2 act to amend the Tax Law, in relation to 3 extending the authority. 4 ACTING PRESIDENT BRESLIN: There 5 is a home-rule message at the desk. 6 Read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT BRESLIN: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT BRESLIN: 13 Announce the results. 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT BRESLIN: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 325, by Member of the Assembly Peralta, 19 Assembly Print Number 306 -- 20 SENATOR KLEIN: Lay it aside for 21 the day. 22 ACTING PRESIDENT BRESLIN: The 23 bill is laid aside for the day. 24 Senator Klein, that completes the

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(518) 371-8910 1 reading of the calendar. 2 SENATOR KLEIN: Mr. President, 3 can you please recognize Senator Ruth 4 Hassell-Thompson for a brief announcement. 5 ACTING PRESIDENT BRESLIN: 6 Senator Hassell-Thompson. 7 SENATOR HASSELL-THOMPSON: Thank 8 you, Mr. President. 9 I just would like to announce that 10 immediately following session there will be an 11 immediate meeting of the Senate Majority in 12 Room 332. 13 Thank you. 14 ACTING PRESIDENT BRESLIN: There 15 will be an immediate meeting of the Senate 16 Majority in Room 332. 17 Senator Klein. 18 SENATOR KLEIN: Mr. President, is 19 there any further business at the desk? 20 ACTING PRESIDENT BRESLIN: There 21 is no further business at the desk. The desk 22 is clear. 23 SENATOR KLEIN: There being none, 24 I move we adjourn until Wednesday, May 27th,

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(518) 371-8910 1 at 11:00 a.m. 2 ACTING PRESIDENT BRESLIN: There 3 being no further business to come before the 4 Senate, on motion, the Senate stands adjourned 5 until Wednesday, May 27th, at 11:00 a.m. 6 (Whereupon, at 4:57 p.m., the 7 Senate adjourned.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

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(518) 371-8910