Tuesday, January 12, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 January 12, 2010 11 10:25 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 19 SENATOR DAVID J. VALESKY, Acting President 20 ANGELO J. APONTE, Secretary 21 22 23 24

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT VALESKY: The 3 Senate will please come to order. 4 I ask everyone present to please 5 rise and recite with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT VALESKY: 10 Today's invocation will be given by Father 11 Christopher Carrera, pastor of St. Peter's 12 Roman Catholic Church in Lowville. 13 FATHER CARRERA: Before the 14 invocation, I would like to thank Senators 15 Darrel Aubertine and Joseph Griffo for 16 cosponsoring me here today. It's a privilege 17 to lead this body in prayer and to have 18 bipartisan support in doing so. 19 "We, the people of the State of 20 New York, grateful to Almighty God for our 21 freedom, in order to secure its blessings do 22 establish this Constitution." 23 Let us pray. 24 Lord God, these words from the

Candyco Transcription Service, Inc. 1 preamble to our state's constitution remind us 2 that our freedoms as citizens are a gift from 3 You to whom we owe our gratitude and 4 obedience. 5 These words are not mere 6 pleasantries written in a style now long 7 forgotten. Rather, they were chosen to 8 express a deeply held belief that You as our 9 Creator grant life and freedom and invite us 10 to use these according to Your law of love. 11 They also serve to remind us that when we 12 govern ourselves with respect for divine law, 13 we build a society of true justice and love. 14 These words, adopted by 15 constitutional convention in 1938 and approved 16 by a vote of the people, do not establish our 17 rights and freedoms; rather, they seek as our 18 solemn duty to protect and secure them. 19 As these dedicated men and women of 20 this honorable body gather here today, they 21 face serious challenges in the legislative 22 year ahead. We invoked Your guidance upon 23 them so that they may execute their sacred 24 trust to enact laws which protect the

Candyco Transcription Service, Inc. 1 God-given rights of all the people of the 2 state, from the greatest to the most weak and 3 vulnerable. 4 In a society filled with so many 5 competing voices, may they have the grace to 6 discern Yours and the courage to make the 7 difficult decisions. 8 Lord God, let us be mindful of the 9 words of the psalmist: If the Lord does not 10 build the house, in vain do its builders 11 labor. If the Lord does not watch over the 12 city, in vain does the watchman keep vigil. 13 We ask You with Your almighty power 14 to bless this great state. Protect it from 15 Montauk Point to Manhattan Island, from 16 Buffalo to Plattsburgh, and here in our 17 state's capital. Bless our citizens with 18 health and prosperity, and the members of this 19 Senate with the wisdom and the courage needed 20 to legislate in these difficult times. 21 And we ask this in Your holy name. 22 Amen. 23 ACTING PRESIDENT VALESKY: Thank 24 you, Father.

Candyco Transcription Service, Inc. 1 Thank you also to Senator Aubertine 2 and Senator Griffo for sponsoring Father's 3 presence with us today. 4 The reading of the Journal. 5 The Secretary will read. 6 THE SECRETARY: In Senate, 7 Monday, January 11, the Senate met pursuant to 8 adjournment. The Journal of Sunday, 9 January 10, was read and approved. On motion, 10 Senate adjourned. 11 ACTING PRESIDENT VALESKY: 12 Without objection, the Journal stands approved 13 as read. 14 Presentation of petitions. 15 Messages from the Assembly. 16 Messages from the Governor. 17 Reports of standing committees. 18 Reports of select committees. 19 Communications and reports from 20 state officers. 21 Motions and resolutions. 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, at 24 this time may we please adopt the resolution

Candyco Transcription Service, Inc. 1 calendar in its entirety, with the exception 2 of Senate Resolution Number 3598. 3 ACTING PRESIDENT VALESKY: All in 4 favor of adopting the Resolution Calendar in 5 its entirety, with the exception of Senate 6 Resolution Number 3598, please signify by 7 saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT VALESKY: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT VALESKY: The 13 Resolution Calendar is adopted. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, I 16 believe there's a resolution by Senator 17 Breslin at the desk. I ask that the title of 18 the resolution be read and move for its 19 immediate resolution and allow Senator Breslin 20 to speak on his resolution. 21 ACTING PRESIDENT VALESKY: The 22 Secretary will read. 23 THE SECRETARY: By Senator 24 Breslin, Legislative Resolution Number 3598,

Candyco Transcription Service, Inc. 1 paying grateful tribute to the life and many 2 accomplishments of John J. McNulty, Jr., 3 distinguished citizen and devoted member of 4 his community. 5 ACTING PRESIDENT VALESKY: 6 Senator Breslin. 7 SENATOR BRESLIN: Thank you, 8 Mr. President. 9 I rise to salute the life of Jack 10 McNulty, who passed away on December 28, 2009, 11 at the age of 87. 12 To those members or those people 13 who are familiar with the Capital District, 14 Jack McNulty began his elective life at the 15 age of 27, in 1949, and he continued as an 16 elected official for over 50 years, retiring 17 as mayor of the Village of Green Island in 18 2002. 19 Along the way, he served as the 20 supervisor of the Town of Green Island, he was 21 the sheriff of Albany County, he was on the 22 State Corrections Committee for years. He 23 was, as I mentioned, the long-time sheriff of 24 Albany County.

Candyco Transcription Service, Inc. 1 He's also the father of five 2 children, one of whom was killed in the 3 Vietnam War. Another, Ellen, succeeded him as 4 mayor of Green Island. And another, Michael, 5 who you may be familiar with, was a long-time 6 Assemblyman and a long-time Congressman who 7 retired last year. 8 Most importantly, for people who 9 knew Jack McNulty in the Capital District, 10 they would use words other than "an elected 11 official." They would use words like 12 "gentleman," "integrity," "honesty," 13 "professionalism." Somebody who really 14 exemplified the kind of person that we want in 15 public office. 16 So this resolution celebrating his 17 life is one that is extremely well deserved. 18 I applaud his life. I look forward to, at 19 times, trying to emulate what he has done 20 before me. 21 Thank you, Mr. President. 22 ACTING PRESIDENT VALESKY: Thank 23 you, Senator Breslin. 24 Senator Farley.

Candyco Transcription Service, Inc. 1 SENATOR FARLEY: Thank you very 2 much. 3 I rise to pay tribute to the life 4 of Jack McNulty, who was an absolute icon in 5 this whole Capital Region. 6 Jack McNulty epitomized being a 7 gentleman, being a person of integrity and 8 honesty -- and humor. He had a great Irish 9 sense of humor. And what a family that 10 McNulty family is. And they all represent the 11 very best, and the apple didn't fall far from 12 the tree. 13 You know, Jack McNulty, everywhere 14 he went he was adored by Republicans and 15 Democrats regardless of their party 16 affiliation. And he used to appear so many 17 times on behalf of his son Mike. And I'll 18 tell you what, he always made a presence. 19 I can recall him -- there were all 20 the candidates that are running for office 21 getting in line and announcing what they're 22 running for and a little bit about it. And 23 he'd jump right in the line. He says, "I'm 24 Jack McNulty, and I'm running statewide for

Candyco Transcription Service, Inc. 1 notary public." 2 (Laughter.) 3 SENATOR FARLEY: And this was the 4 type of person he was. He didn't take himself 5 seriously. 6 But what a wonderful, wonderful man 7 he was. And what a loss it is to this area. 8 The McNulty family from Green Island is 9 absolutely -- they used to win their elections 10 with only like one or two negative votes. And 11 they used to find out who those two were. 12 (Laughter.) 13 SENATOR FARLEY: But the McNulty 14 family is truly a remarkable family. And my 15 deep, deepest sympathy goes out to Mike and 16 his brothers and sisters. As Senator Breslin 17 said, one of the sons was brought home in a 18 body bag from Vietnam. 19 And they're just a wonderful 20 family. My deepest sympathy goes out on this 21 loss, because Jack McNulty had a very rich and 22 wonderful life that made all of us in public 23 service look good. 24 ACTING PRESIDENT VALESKY: Thank

Candyco Transcription Service, Inc. 1 you, Senator Farley. 2 Senator McDonald. 3 SENATOR McDONALD: Thank you. I 4 too would like to join Senator Breslin and 5 Senator Farley. 6 I grew up, was born and raised in 7 this area, and the McNulty family, regardless 8 of what political party you were, what race, 9 what religion, what ethnicity, they were good 10 people to everybody. And the word is humane. 11 Humanity is what that they cared for, and the 12 people who came before them and worked with 13 them. And they cared about all of us. 14 I can't add to Senator Breslin and 15 Senator Farley other than the fact that I'm 16 proud that these people are from my region. 17 And Jack was a wonderful man. And I just 18 can't tell you what compassion he had for our 19 community. 20 Thank you. 21 ACTING PRESIDENT VALESKY: Thank 22 you, Senator McDonald. 23 Are there any other Senators who 24 wish to be heard?

Candyco Transcription Service, Inc. 1 Seeing none, the question is on the 2 resolution. All in favor signify by saying 3 aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT VALESKY: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT VALESKY: The 9 resolution is adopted. 10 Senator Breslin has indicated he 11 would like the resolution open for 12 cosponsorship. Any member wishing not to 13 cosponsor the resolution should notify the 14 desk. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, at 17 this time can you please recognize Senator 18 Larkin to speak on his resolution paying 19 tribute and remembering the 13 brave soldiers 20 and civilians of the U.S. Army who lost their 21 lives in the tragic attack at Fort Hood, 22 Texas. 23 ACTING PRESIDENT VALESKY: 24 Senator Larkin.

Candyco Transcription Service, Inc. 1 SENATOR LARKIN: Thank you, 2 Mr. President. 3 This resolution is something that 4 we all ought to pay attention to. In November 5 of this past year, 13 members of the armed 6 forces and one civilian were killed by another 7 member of the armed forces. Thirty-one were 8 seriously injured. Twenty-seven, as of 9 yesterday, were still in hospital conditions. 10 This is a terrible incident in our 11 country, soldiers killing soldiers. What we 12 should be doing here today is saying, in 13 essence, to the American people: We thank you 14 for giving us your soldiers -- your sons, your 15 daughters, your brothers, your fathers. But 16 we didn't give them to you so that they could 17 be killed by another member of the armed 18 forces. 19 What went on at Fort Hood -- and I 20 speak as having served 23 years, but never at 21 Hood, but knowing some of the families that 22 are there. I say, what are we doing? What is 23 this country turning to? 24 These individuals, the majority of

Candyco Transcription Service, Inc. 1 them, were ready for, practicing and preparing 2 for deployment to the Mideast. They never got 3 there. Two of them, I'm told, it would have 4 been their third trip to the Mideast. And yet 5 instead of engaging in a firefight in 6 Afghanistan or Iraq, they're killed in the 7 deployment office at Fort Hood, Texas. 8 This is a disgrace. And when some 9 people tell me that this individual was under 10 stress, let me tell you, that's not stress. 11 I'll tell you what stress is. 12 Stress, as stated by the wife of an 13 army sergeant who is on his fourth trip to the 14 Mideast, says stress is getting a call in the 15 middle of the tour and being told your husband 16 is being medically evac'd to Germany. Where? 17 Don't know. What's his injuries? Don't know. 18 By the way, he's not coming here, it's an 19 18-hour drive to where he's going to be 20 located. And when you get there, he can't 21 feed himself, he can't bathe himself. You 22 have to do it for him. That's stress. 23 The stress on not just the 24 survivors at Fort Hood, but the stress on the

Candyco Transcription Service, Inc. 1 army as a whole brings us to the question of 2 are we doing enough to support these families. 3 I ask every one of you to think about it. 4 Because there's nobody in this room that can't 5 say they don't know or heard of someone who's 6 been called to duty and asked to be in combat, 7 combat for this great nation of ours. Because 8 we are the greatest nation in the world. 9 But we cannot allow incidents like 10 this to happen. It's a disgrace. We 11 shouldn't be mollycoddling them. They should 12 be brought to trial and severely punished. 13 To the families of those 13 that 14 were killed, I say God watch over you. To 15 those 27 that are still in hospital 16 conditions, we pray that they will recover and 17 be able to come back and carry on a decent 18 life. 19 And to the rest of us, let's be 20 sensitive to what's going on and truly support 21 those who we ask to go to harm's way and 22 defend this great country of ours. 23 Thank you, Mr. President. 24 ACTING PRESIDENT VALESKY: Thank

Candyco Transcription Service, Inc. 1 you, Senator Larkin. 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, is 4 there any further business at the desk? 5 ACTING PRESIDENT VALESKY: There 6 is no further business at the desk. 7 SENATOR KLEIN: Oh, I'm sorry. 8 Would you recognize Senator McDonald to speak 9 on the resolution. 10 ACTING PRESIDENT VALESKY: 11 Senator McDonald. 12 SENATOR McDONALD: Thank you, 13 sir. 14 Colonel Larkin asked me to say a 15 few words on his resolution. These folks were 16 in the same Army division I was in many years 17 ago. These folks are in today's 1st Cav 18 Division. And it's always a tragedy. And I'm 19 thanking you for putting this resolution up. 20 But I want to thank this body as 21 well as the Assembly and the administration 22 for the support that it's been giving the 23 troops. It's been gratifying to see the 24 sincerity of your support for our troops, you

Candyco Transcription Service, Inc. 1 know, of the last couple of years I've been 2 here in the Assembly or the Senate. 3 And unfortunately, we're going to 4 have to continue to that in the future with 5 programs, services. And I know we're up to 6 the task. And I just want to thank everybody 7 for having that concern. 8 Thank you. 9 ACTING PRESIDENT VALESKY: Thank 10 you, Senator McDonald. 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, is 13 there any further business at the desk? 14 ACTING PRESIDENT VALESKY: The 15 desk is clear. 16 SENATOR KLEIN: There being none, 17 Mr. President, I move that we adjourn until 18 Tuesday, January 19th, at 3:00 p.m., 19 intervening days to be legislative days. 20 ACTING PRESIDENT VALESKY: There 21 being no further business to come before the 22 Senate, on motion, the Senate stands adjourned 23 until Tuesday, January 19th, at 3:00 p.m., 24 intervening days being legislative days.

Candyco Transcription Service, Inc. 1 (Whereupon, at 10:40 a.m., the 2 Senate adjourned.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

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