Wednesday, April 28, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 28, 2010 11 11:16 a.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 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT BRESLIN: The 3 Senate will please come to order. 4 I ask all to rise and repeat with 5 me the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT BRESLIN: And 9 welcome to West Point Day. 10 The invocation will be given today 11 by the Chaplain of West Point, Colonel Michael 12 Durham. 13 CHAPLAIN DURHAM: May we pray. 14 Heavenly Father, we offer today as 15 our first President did, many years ago, this 16 heartfelt prayer for our America. 17 Almighty God, we make our earnest 18 prayer that Thou wilt keep the United States 19 in Thy holy protection, that Thou wilt incline 20 the hearts of her citizens to cultivate a 21 spirit of obedience to government, and to 22 entertain a brotherly affection and love for 23 one another, and that Thou wilt most 24 graciously be pleased to dispose us all to do 25 justice, to love mercy, demean ourselves with

Candyco Transcription Service, Inc. 1 charity and humility. 2 Father, on this day, in this 3 special place of service, as we pause to honor 4 all that is noble and good at West Point and 5 the Academy, we humbly ask that You would 6 continue to hear from heaven, to forgive our 7 wrongdoings, to fill our hearts with hope, and 8 to heal our land, reminding us of Your 9 abundant care and provision. 10 Guide, encourage and inspire, 11 O Father, all those who lead and serve in 12 government, beginning with our President and 13 all those elected to serve the needs of the 14 people. Especially we pray for these, the 15 members of this State Senate. 16 Bless and keep safe, O Lord, the 17 young men, many from this great state, who 18 have answered a special call to serve in the 19 defense of our nation, some of whom at this 20 very moment are living out the treasured 21 values of the Academy -- duty, honor, 22 country -- while providing for the security 23 and well-being of our people. Keep them and 24 their families, we pray, comforted and safe in 25 Your tender care.

Candyco Transcription Service, Inc. 1 Now, grant, O God, that our nation 2 may always be a lighthouse for freedom, faith, 3 and hope, and may our light so shine before 4 men and nations that we may experience peace 5 on earth and goodwill for all mankind. 6 All this we pray from the heart and 7 in Your most holy name. Amen. 8 ACTING PRESIDENT BRESLIN: Thank 9 you, Colonel. 10 The reading of the Journal. 11 The Secretary will read. 12 THE SECRETARY: In Senate, 13 Tuesday, April 27, the Senate met pursuant to 14 adjournment. The Journal of Monday, April 26, 15 was read and approved. On motion, Senate 16 adjourned. 17 ACTING PRESIDENT BRESLIN: 18 Without objection, the Journal stands approved 19 as read. 20 Presentation of petitions. 21 Messages from the Assembly. 22 Messages from the Governor. 23 Reports of standing committees. 24 Reports of select committees. 25 Communications and reports from

Candyco Transcription Service, Inc. 1 state officers. 2 Motions and resolutions. 3 Senator Klein. 4 SENATOR KLEIN: Thank you, 5 Mr. President. 6 On behalf of Senator Smith, I move 7 that the following bill be discharged from its 8 respective committee and be recommitted with 9 instructions to strike the enacting clause: 10 Senate Bill Number 6019. 11 ACTING PRESIDENT BRESLIN: So 12 ordered. 13 SENATOR KLEIN: Mr. President, on 14 behalf of Senator Addabbo, I move that the 15 following bill be discharged from its 16 respective committee and be recommitted with 17 instructions to strike the enacting clause: 18 Senate Number 6989. 19 ACTING PRESIDENT BRESLIN: So 20 ordered. 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, I 23 believe there are substitutions at the desk. 24 I ask that you make the substitutions at this 25 time.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: The 2 Secretary will read. 3 THE SECRETARY: On page 26, 4 Senator Savino moves to discharge, from the 5 Committee on Corporations, Authorities and 6 Commissions, Assembly Bill Number 9174A and 7 substitute it for the identical Senate Bill 8 Number 6215A, Third Reading Calendar 423. 9 ACTING PRESIDENT BRESLIN: 10 Substitution ordered. 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, I 13 believe there's a resolution at the desk by 14 Senator Larkin and Senator Adams. I ask that 15 the resolution be read in its entirety and 16 move for its immediate adoption. 17 ACTING PRESIDENT BRESLIN: 18 Senator Klein, has this resolution been deemed 19 privileged and submitted by the office of the 20 Temporary President? 21 SENATOR KLEIN: Yes, it has, 22 Mr. President. 23 ACTING PRESIDENT BRESLIN: The 24 Secretary will read. 25 THE SECRETARY: By Senators

Candyco Transcription Service, Inc. 1 Larkin and Adams, legislative resolution 2 memorializing Governor David A. Paterson to 3 proclaim April 28, 2010, as West Point Day in 4 New York State. 5 "WHEREAS, This Legislative Body is 6 justly proud to celebrate the establishment of 7 the United States Military Academy at 8 West Point and to call upon Governor David A. 9 Paterson to proclaim April 28, 2010, as 10 West Point Day in the State of New York; and 11 "WHEREAS, By an act of Congress, on 12 March 16, 1802, the United States Military 13 Academy was established within the borders of 14 New York State, on the banks of the Hudson 15 River; and 16 "WHEREAS, The Academy and its 17 graduates are an integral part of the proud 18 history of this state and nation; and 19 "WHEREAS, The leadership and 20 sacrifices of the members of the Long Gray 21 Line have helped this country withstand 22 countless threats to our cherished democratic 23 way of life; and 24 "WHEREAS, The alumni have excelled 25 not only on the battlefield but in many fields

Candyco Transcription Service, Inc. 1 of endeavor; and 2 "WHEREAS, The Academy continues to 3 provide our country with able and dedicated 4 future leaders; and 5 "WHEREAS, Its scenic campus is a 6 mecca each year for thousands of visitors from 7 across our state, continent, and other 8 countries; and 9 "WHEREAS, The United States 10 Military Academy is in the forefront of our 11 state's outstanding institutions of higher 12 learning; and 13 "WHEREAS, Fifty-eight years ago, 14 the late James T. McNamara, then a member of 15 the New York State Assembly, and a member of 16 the Academy's Class of 1939, was the author of 17 the State Legislature's first 'West Point Day' 18 resolution; and 19 "WHEREAS, For decades, our nation 20 has enjoyed the legacy of freedom, and the 21 United States Military Academy at West Point 22 has played a vitally significant role in the 23 maintenance of peace and freedom; and 24 "WHEREAS, The members of this 25 Legislative Body are proud to commemorate this

Candyco Transcription Service, Inc. 1 event, marking April 28, 2010, as West Point 2 Day in New York State; now, therefore, be it 3 "RESOLVED, That this Legislative 4 Body pause in its deliberations to celebrate 5 the establishment of the United States 6 Military Academy at West Point and to 7 memorialize Governor David A. Paterson to 8 proclaim April 28, 2010, as West Point Day in 9 New York State; and be it further 10 "RESOLVED, That a copy of this 11 resolution, suitably engrossed, be transmitted 12 to the Honorable David A. Paterson, Governor 13 of the State of New York." 14 ACTING PRESIDENT BRESLIN: 15 Senator Sampson. 16 SENATOR SAMPSON: Thank you very 17 much, Mr. President. 18 I would just like to start by 19 welcoming the men and women of the United 20 States Military Academy at West Point. 21 Welcome. 22 I also want to recognize an 23 extraordinary individual, Brigadier General 24 William E. Rapp. General Rapp. 25 Dr. Rapp, who graduated from West

Candyco Transcription Service, Inc. 1 Point in 1984 and holds a Ph.D. in 2 international relations, is a true American 3 hero. And congratulations for that. 4 He commanded an airborne engineer 5 company during Operation Desert Storm. Then 6 he went on to command the 555 Combat Engineer 7 Group and deployed in support of the 101st 8 Airborne Division for Operation Iraqi Freedom. 9 His medals and your achievement are too 10 numerous to name. 11 I am personally humbled by his 12 contributions to our country. And on behalf 13 of the State Senate, I want to thank you. 14 The Legislature shares a common 15 bond with the men and women of West Point. It 16 is a legislator's job to advance democracy, 17 and it is your job to preserve it. 18 We are honored by the presence of 19 those individuals who have chosen to put 20 themselves in harm's way to protect our 21 country. You are the next generation of 22 leaders who will continue the greatest and 23 most successful experiment in democracy the 24 world has ever known. 25 Since its beginning in 1802,

Candyco Transcription Service, Inc. 1 West Point has been one of the world's premier 2 leader development and educational 3 institutions. From the time of the 4 Revolutionary War, when George Washington 5 selected Thaddeus Kosciuszko, one of the 6 heroes of Saratoga, to fortify West Point as a 7 strategic base to fight off the British, 8 West Point has been in the center of both 9 military and American history. 10 But what's cemented West Point's 11 place in our history books more than anything 12 else are the brave men and women who call it 13 their home. Great leaders such as Grant, Lee, 14 Pershing, MacArthur, Eisenhower, and Patton 15 began their march in history at West Point. 16 We are forever grateful for the lessons 17 they've learned and contributions they have 18 made because of the education they received at 19 West Point. 20 However, there are some names who 21 you may not find in history books which I want 22 to recognize today because their participation 23 led to a better Academy and a better country. 24 In 1877, nearly a century before the 25 integration of our schools, Henry O. Flipper

Candyco Transcription Service, Inc. 1 was the first African-American graduate from 2 West Point. In 1915, Luis R. Esteves became 3 the first Hispanic graduate from West Point. 4 And in 1976, as part of Project Athena, 119 5 extraordinary women became the first women 6 cadets accepted at West Point, with Andrea 7 Hollen becoming the first to graduate. 8 It is hard to find words worthy 9 enough to describe the courageous men and 10 women of West Point, so I will repeat those 11 spoken by one of your own: "Duty, honor, 12 country. Those three hallowed words 13 reverently dictate what you ought to be, what 14 you can be, and what you will be. They are 15 your rallying points -- to build courage when 16 courage seems to fail, to regain faith when 17 there seems to be little cause for faith, and 18 to create hope when hope becomes forlorn." 19 And that was General Douglas MacArthur in his 20 1962 address at West Point. 21 When I think back on my time in the 22 State Senate, I will always tell my children 23 that during the worst fiscal crisis in 24 70 years, I had an opportunity to fight hard 25 to create jobs and to make New York affordable

Candyco Transcription Service, Inc. 1 and protect those vital services. And I've 2 had the pleasure of serving with great 3 colleagues. 4 And I want to thank not only my 5 colleagues for what they have done and are 6 doing on a day-to-day basis with respect to 7 dealing with this fiscal crisis, but most of 8 all I want to honor the brave men and women of 9 West Point, because you embody that historic 10 motto: Duty, honor, and country. 11 Congratulations. 12 ACTING PRESIDENT BRESLIN: Thank 13 you, Senator Sampson. 14 Senator Smith. 15 SENATOR SMITH: Thank you very 16 much, Mr. President. 17 To the leadership of one of our 18 country's finest institutions, Brigadier 19 General William Rapp, Command Sergeant Major 20 Rodney Harris, Chaplain Thomas Mike Durham, 21 First Captain Tyler Gordy, and Master Sergeant 22 Dean Welch, we thank you for your leadership, 23 we thank you for your commitment, and we thank 24 you for investing your spirit, your heart, and 25 your soul into these young men and women who

Candyco Transcription Service, Inc. 1 are our finest. 2 To my colleague Chairman Adams, to 3 Colonel Larkin, we thank you for bringing this 4 day about. This is one of the more special 5 days that we have an opportunity in this 6 chamber to acknowledge not only the leadership 7 of this chamber and what they do to guide us 8 but to also recognize the future leadership 9 that sits before us. 10 Cadet Nalamothu, who is from 11 Queens, and Cadet Rachel Kim, who is also from 12 Queens, I in particular stretch your names out 13 before us only because, as one who was raised 14 in that borough, you mean a great deal to us. 15 There are a number of other young people in 16 that borough who have not received the 17 education and the well-roundedness that you 18 have received from this institution. 19 My challenge to you as you go 20 forward in life -- and you will, and you will 21 be a bright star in this constellation -- is 22 that you remember those other young people who 23 did not have your opportunity. 24 In life, everyone is branded with a 25 purpose. One of the most critical things in

Candyco Transcription Service, Inc. 1 life to do is to find out what that purpose 2 ask and then carve all that you do to fulfill 3 that purpose. Today, you are halfway there. 4 The other part of that is what you give back, 5 not only to your country but to your peers. 6 You have peers in Queens, you have 7 peers in this state and around the world who 8 need your guidance and your leadership. The 9 world is a different place. When I was 10 growing up, I couldn't Twitter somebody in a 11 matter of seconds. I couldn't Facebook my 12 life on any webpage. I could not talk to 13 someone around the world in less than two 14 seconds. You have that ability. Which means 15 that what you do and how you do it, more than 16 just your peers will see it. 17 When you Facebook yourself, a good 18 portion of the world sees who you are. So 19 it's not just you representing West Point 20 today in this chamber, it is not just you 21 representing West Point when you go forward in 22 all that you will do as individuals, but it's 23 that you are representing a portion of a 24 world. And the portion of the world that you 25 represent are new leadership, new leadership

Candyco Transcription Service, Inc. 1 that will take this country and this state to 2 heights that it has not been. 3 Maybe one day you'll be living on 4 the moon. Perhaps your grandchildren will be 5 traveling to Mars. But it's the leadership 6 that you are being ingrained with today from 7 Brigadier General Rapp and from Command 8 Sergeant Harris that is going to allow you to 9 move this country to a different place. 10 We are honored to have you here 11 today. We are honored because of the 12 leadership training that you heard Senator 13 Sampson talk about historically. We are 14 honored to have you here today because your 15 name is going to be in that book, and one day 16 someone sitting in the chair that Senator 17 Valesky is sitting is going to cite your name 18 as an individual that reshaped the future of 19 this country and this planet. 20 So I am honored, colleagues, as I 21 know you are, to be here to share a very rare 22 and special moment in this chamber. 23 Senator Larkin, Senator Adams, you 24 are to be commended for bringing this day 25 about, because I believe that the future of

Candyco Transcription Service, Inc. 1 this country and this chamber will change 2 because today we honored some of the finest 3 young men and women that are being trained and 4 are going to graduate out of one of the finest 5 institutions not only in this country but in 6 this world. 7 Leadership of this school, 8 congratulations to you. Leadership that is 9 coming forward to create a better world for 10 all of us, thank you. 11 Mr. President, thank you also. 12 ACTING PRESIDENT BRESLIN: Thank 13 you, Senator Smith. 14 Senator Klein. 15 SENATOR KLEIN: Thank you, 16 Mr. President. 17 At this time I'd like to pause in 18 the proceedings to welcome Larry Schwartz, the 19 Secretary to the Governor, who joins to us 20 present the Governor's West Point Day 21 Proclamation to General Rapp and the West 22 Point cadets. 23 ACTING PRESIDENT BRESLIN: The 24 Secretary to the Governor, Larry Schwartz, 25 will present the gubernatorial proclamation to

Candyco Transcription Service, Inc. 1 West Point. 2 (The proclamation was presented.) 3 ACTING PRESIDENT BRESLIN: 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, at 6 this point, with unanimous consent, I would 7 like to ask Brigadier General William E. Rapp 8 to step to the podium in order to address the 9 Senate. 10 ACTING PRESIDENT BRESLIN: May we 11 have unanimous consent? 12 Excuse me. Senator Winner. 13 SENATOR WINNER: I believe 14 Senator Larkin would like to be heard prior to 15 that. Thank you. 16 ACTING PRESIDENT BRESLIN: 17 Senator Larkin. 18 SENATOR LARKIN: Thank you, 19 Mr. President. 20 You know, a lot of people have said 21 great things to you at breakfast, and a lot of 22 people were saying things here, and it's from 23 the heart. 24 General Rapp, on behalf of all of 25 my colleagues, to you, the role you play at

Candyco Transcription Service, Inc. 1 West Point and to our cadets, and the role 2 you've played as a combat leader in the war on 3 terrorism are second to none. I welcome you 4 and the staff that you brought with you. 5 I would at this time like to 6 introduce our cadets so that those in the 7 audience who don't have a cadet will 8 understand. 9 You know, the First Cadet -- and 10 that's what he is, ladies and gentlemen -- 11 Tyler Gordy, from the great state of 12 California. I've had the privilege of meeting 13 him more than one time. Please stand. 14 This is a gentleman that when out 15 of high school joined the Army and knew he 16 wanted to be somebody. And he became an 17 Airborne Ranger and went to the Mideast. On 18 his chest are some of his decorations. One is 19 the combat infantry badge. Those of you who 20 watch movies or have been in combat -- like my 21 good friend Roy McDonald -- know that that 22 signifies that you've had ground combat with 23 the enemy. He's also a recipient of the 24 Purple Heart, and he has the Army Commendation 25 Medal for Valor.

Candyco Transcription Service, Inc. 1 We salute you, and we wish you the 2 greatest tour. He will be graduating in June. 3 Thank you very much, First Captain. 4 The others I think are very much as 5 important. Some of them are going to graduate 6 this year; some, down the line. 7 Brittany Fearnside, Senator 8 Farley's district, County of Schenectady. 9 Senator Padavan's district, Class 10 of 2011, Hemanth Nalamothu. 11 Michael James Monty -- Senator 12 Little -- from the great place of Plattsburgh. 13 Senator Farley again, Marc K. 14 Meybaum, Class of 2012. 15 Daniel Walker, Class of 2010, 16 Senator John DeFrancisco. 17 Joseph Grimm, Senator Morahan's, 18 Rockland County. 19 Lee Wakeman, Class of 2012, 20 Wallkill, New York, Ulster County, Senator 21 John Bonacic. 22 Dylan Potter, Senator John 23 DeFrancisco, from Marietta, Onondaga County. 24 Rachel Kim, Class of 2013, from 25 Queens, Senator Padavan's district.

Candyco Transcription Service, Inc. 1 Nicholas Coronato, Class of 2012, 2 Senator Breslin. 3 Daniel Chang, Class of 2013, 4 Senator Mike Nozzolio. 5 Ladies and gentlemen, the future of 6 America. 7 (Standing ovation.) 8 SENATOR LARKIN: You know, from 9 Marlboro, they didn't think that I knew about 10 you. But what's that old saying? You save 11 the best to last. I don't want your mom and 12 dad to get mad at me and not vote for me. 13 This is a young man, Joseph 14 Amoroso, this is a young man that told me when 15 he was in grammar school -- so that will tell 16 you how long I've been here -- he said, "I'm 17 going to West Point and I'm going to be an 18 Army officer. And I will be ready to go in 19 harm's way." 20 And I want you to know that we've 21 never forgotten what you said. And that's why 22 I cited you, because you're a prime example of 23 what this country needs more of, men and women 24 of your caliber, your instinct. And you never 25 forgot what you wanted to do. I salute you.

Candyco Transcription Service, Inc. 1 Thank you. 2 (Applause.) 3 SENATOR LARKIN: We have another 4 guest here, from the Class of 1956. I've 5 never met the gentleman. I knew a lot of the 6 Class of '56. Boy, when you were a captain in 7 '56, you knew a lot of the grads, because they 8 were young second lieutenants and they always 9 said "Sir." 10 But Senator Addabbo brought us a 11 guest this morning. Senator Addabbo's uncle 12 from Beacon, New York, Senator Saland's area, 13 is a Class of '56, General Salamone. Where 14 are you sitting? There he is, over in the 15 corner. Class of 1956. 16 (Applause.) 17 SENATOR LARKIN: You know, I love 18 the Academy. And these guys all harass me -- 19 the ladies don't -- but they call me "the 20 Colonel." You know, I know guys who retired 21 as majors who would have been damn glad to be 22 called "Colonel," especially at the end of the 23 month. 24 But my pride in West Point is that 25 everyone I served with, you could always look

Candyco Transcription Service, Inc. 1 and you could always look to the left and the 2 right, front and back, and they were with you. 3 They were leaders. 4 And the thought about it, you, who 5 will be in harm's way sooner than we can 6 imagine -- and we need to count on you. When 7 you look at West Point, man on the moon, 8 Panama Canal, San Francisco Bay Bridge, many, 9 many things. Of course, you know, Senator 10 Padavan reminds me, General, the engineers, 11 the engineers. Totten, you know. 12 But we have right here in front of 13 us young cadets. We talked about the First 14 Captain. I'm sure the General would say the 15 same, and some of the other officers here 16 would: When you can get a young lieutenant 17 coming in that's got that kind of experience, 18 you feel you've got a gift from heaven because 19 you don't have to train him on everything. 20 He's been there, he's tried, he's proven. And 21 he's a leader. 22 West Point isn't just an academic 23 institution. Forbes said it was the best in 24 the nation this year. And we New Yorkers are 25 proud of it.

Candyco Transcription Service, Inc. 1 But you know, some people look at 2 the Academy as a group of people walking up 3 and down -- they forget that some of those 4 training days are over, General, right? 5 Two weeks ago we had the Special 6 Olympics, 800 cadets, 800 cadets that could 7 have had a Saturday off were out there 8 helping, showing their concern for their 9 fellow human beings and to show that they 10 wanted to be a part of them. They didn't do 11 that so somebody would take pictures. The 12 next day in the paper I think it was about 13 that big of an article. Shows you our media 14 priorities. 15 But the priorities for the members 16 of the Academy was to participate in an event 17 that they've done every year for many years. 18 And yes, in the summer they bring children 19 from disadvantages across the Hudson Valley to 20 the Academy, and they get training. They 21 participate in many, many programs that nobody 22 ever gives them credit for. 23 This year there's approximately 24 16,000 applicants started way back in last 25 November to apply to go to West Point.

Candyco Transcription Service, Inc. 1 Approximately 1100 will make the final call 2 and report in the last couple of days of June. 3 If you've never been there, it's a day -- "R" 4 Day, it's called. You never forget, do you, 5 sir? It's great. 6 Some of you ought to go because you 7 could volunteer to be a cadet for a day. The 8 end of the day, you'll go home and you won't 9 harass anybody because you'll be too tired. 10 But just think about it, 16,000 11 want to get in with a thousand seats. The 12 requirements, the credentials to be a cadet. 13 And then the pride. You go to West Point, and 14 the first time you see a parade -- I'm going 15 to pick on my leader. 16 The first time we had a game at 17 West Point, Dean said: "I could have gone 18 there." And his wife said, "Yes, but could 19 you have made it?" Dean said, "If I went, I 20 would have done it." And I thank him. And 21 he's been back many, many times, sir, because 22 he respects the Academy. 23 And everybody here today is very 24 proud to join with you. Some years ago, 25 people, when we had this in the '70s, wouldn't

Candyco Transcription Service, Inc. 1 go near the cadets because they wanted to 2 stand back. But today the new breed is 3 understanding that this is the future of 4 America. Whether they'll just finish their 5 five years and go out into civilian life and 6 become some part of it -- just look at some of 7 them, what they've done. 8 One of the great graduates of our 9 Academy, if you read Vanity Fair, ladies -- 10 John, you can buy it -- it's got a big article 11 about General Petraeus. General Petraeus is 12 from Cornwall, my home. And he was called 13 "Peaches" because he always had a fresh face 14 on him. But look what he's done. General 15 Petraeus at Central Command is responsible for 16 20 countries, and some of you will be there 17 with him. General Rapp has served with him. 18 They're personal friends. 19 The Corps, when you hear it and you 20 hear the alma mater and you think, always 21 remember this: These men and women have done 22 a lot, will do a lot. But along the way, they 23 never forget duty, honor, and country. May 24 God bless each and every one of you. 25 ACTING PRESIDENT BRESLIN: Thank

Candyco Transcription Service, Inc. 1 you, Senator Larkin. 2 Senator Adams. 3 SENATOR ADAMS: Thank you, 4 Mr. President. 5 I thank Senator Larkin, as well as 6 the men and women who are here who also served 7 in the armed forces in our country. As the 8 chair of the Veteran Affairs and Homeland 9 Security Committee, I'm glad I was able to 10 partner with Senator Larkin in this important 11 day. 12 I think it's an important day -- as 13 I was telling our cadets, it's more important 14 for us to have them visit our chamber than it 15 is for them. 16 I believe, as always, that sports 17 is an important analogy to help us understand 18 how we coexist as human beings. And whenever 19 a team is losing or whenever a team is having 20 difficulty in gaining its poise of being a 21 champion, they go through a rebuilding 22 process. And that rebuilding process entails 23 getting a marquee player to build the team 24 around, one person that will exemplify what is 25 expected of the spirit of the team and how do

Candyco Transcription Service, Inc. 1 we regain the crown and regain the 2 championship ring that we need. 3 Well, Team America is hurting. 4 Team America needs marquee players. Not only 5 in the military service, but after you 6 complete your five years and go on to whatever 7 profession, it is important that we need 8 marquee players to reinfuse the spirit of what 9 makes this country great -- the duty, the 10 honor, the service. 11 We need marquee players to go into 12 the banking institutions and make sure that we 13 regain the poise that is needed to bring home 14 the ring to so many people who are losing 15 their homes and losing their pensions and 16 losing their savings. I think that out of 17 your ranks of your peer group, the thousands 18 of men and women who walk through the West 19 Point gates, they have the responsibility to 20 go into that institution and become the 21 particular key player to build the team 22 around. 23 Our educational system is hurting. 24 As one of you stated, you want to go in and 25 become a history teacher to teach history and

Candyco Transcription Service, Inc. 1 rebuild and regain the poise of the champions 2 in our educational system. 3 When you look at our technology, 4 we're being outgunned, outmanned and outrun 5 all across the globe. We have fallen behind 6 the curb and no longer are leading the way in 7 technology. We need a marquee player to go 8 into technology and become the future of what 9 we're going to do in technology. 10 In the sciences, other countries 11 believe that we don't have the best to produce 12 the scientists that are needed to come up with 13 the scientific discoveries that's going to 14 take us into the next generation. We need a 15 marquee player to build the sciences and make 16 sure that we regain the crown that we deserve. 17 And so when I hear that someone in 18 grammar school stated that they wanted to go 19 to West Point -- in grammar school -- all of 20 us in this room can have eyes, but vision 21 comes from the heart. You have to be a 22 visionary to know that you can go beyond what 23 is visually in front of you. And when we 24 spoke in our chamber to hear already you have 25 the vision of what you want to do, you want to

Candyco Transcription Service, Inc. 1 go to West Point and lead our country and 2 become the marquee player. 3 There's a lot of uncertainty. 4 There's a lot of things that we don't know. 5 Our future seems to so many as gray as the 6 uniforms you wear. But I am clearly confident 7 that no matter what question mark that lingers 8 over the United States of America, on the 9 shores of the Hudson River, West Point is the 10 exclamation point that states we will be fine 11 as a country. And I thank you for that. 12 I thank you for committing your 13 life to understanding that all across our 14 country we need marquee players to rebuild and 15 make sure you bring home the ring. We are the 16 champions. And we are the champions because 17 of men and women like you. 18 Thank you very much. 19 ACTING PRESIDENT BRESLIN: Thank 20 you, Senator Adams. 21 Senator Addabbo. 22 SENATOR ADDABBO: Thank you, 23 Mr. President. 24 I want to thank Senator Larkin and 25 Senator Adams for their efforts on West Point

Candyco Transcription Service, Inc. 1 Day, and of course for introducing today's 2 resolution. 3 I join my colleagues today in 4 honoring West Point and its officers and 5 cadets who are here today. 6 You know, West Point has centuries 7 of distinguished existence, and its over 8 66,000 graduates are truly deserving of our 9 respect and gratitude for their commitment and 10 dedication to our country. 11 But to me, personally, I get to say 12 thank you publicly for the first time, today, 13 to General Luciano Salamone, who in my family 14 is affectionately known as Uncle Leo or "the 15 General." I don't think I've ever said it, I 16 don't think we've ever spoken about his 17 career. But it is an honor for me today, 18 before my colleagues and our guests, to Uncle 19 Leo, the General, to say thank you. 20 Thank you to you, to the cadets, to 21 all the graduates for their commitment and 22 dedication to our country and what you mean 23 not only to us here but to the people 24 throughout our great state and the people 25 throughout this great country. So thank you

Candyco Transcription Service, Inc. 1 very much. 2 Thank you, Mr. President. 3 ACTING PRESIDENT BRESLIN: Thank 4 you, Senator Addabbo. 5 Senator Huntley. 6 SENATOR HUNTLEY: Yes, 7 Mr. President. I just would like to welcome 8 West Point to our chamber again. 9 Every year it's very important to 10 me, when they visit us, that I'm available. 11 And I met with them this morning, and I'm very 12 happy. And it really gives you a good feeling 13 to know that young people have made a choice 14 in life and it's a good choice. 15 Everything else basically has been 16 said about them. We all know how great they 17 are. But I just want to tell you my first 18 visit to West Point. Many years ago, we used 19 to go to West Point on field trips, take young 20 people and whatever. And it was very 21 impressive. 22 And on one of the trips, my husband 23 accompanied me as a chaperone. So when we get 24 to West Point, we're walking around and 25 meeting some of the cadets and whatever. I

Candyco Transcription Service, Inc. 1 guess based on the fact that I'm a mother, I 2 started referring to them as "dear," "honey." 3 You know how sometimes mothers have those 4 expressions. So when we got on the bus to go 5 back, my husband said to me, he says, "How 6 dare you?" He said, "They're men. You can't 7 call them 'dear' and 'honey.'" 8 But anyway, today I made the same 9 error. I went over to one young man; when he 10 extended his hand, I said, "Oh, it's nice to 11 meet you, dear." So I hope he's not offended. 12 (Laughter.) 13 ACTING PRESIDENT BRESLIN: Thank 14 you very much, Senator Huntley. 15 Senator DeFrancisco. 16 SENATOR DeFRANCISCO: Yes, I'm 17 honored to have two cadets here today, Daniel 18 Walker and Dylan Potter. 19 And I just want to be brief, 20 because just about everything has been said. 21 My only message is thank you. Thank the two 22 of you, and all of you. You have made a great 23 choice but also a great sacrifice. And I know 24 that you've made that sacrifice understanding 25 full well of what your future will bring, and

Candyco Transcription Service, Inc. 1 that is most likely you're going to be put in 2 harm's way. 3 Many people wouldn't have that 4 courage. Many people wouldn't have that 5 dedication to their country. And for myself, 6 for these two cadets and all the rest of the 7 cadets, thank you from the bottom of my heart. 8 You are the best of the best. 9 ACTING PRESIDENT BRESLIN: Thank 10 you, Senator DeFrancisco. 11 Senator McDonald. 12 SENATOR McDONALD: Thank you, 13 Mr. President. 14 I'd like to thank these guys 15 personally. I served in Vietnam as a forward 16 observer, on the Cambodian border and in 17 Cambodia with the U.S. Army's First Cavalry 18 Division. Last year I had an opportunity to 19 talk for the first time as a Senator, and I 20 thanked them. The first patrol I went on, my 21 commanding officer was a West Point graduate. 22 I thank you for what you've done 23 today. I fear, I pray, I'm concerned about 24 what you're going to be doing in the future. 25 I know you're prepared better than anybody on

Candyco Transcription Service, Inc. 1 that battlefield. But I think all of us now 2 have seen enough television and talked to 3 enough veterans, this is going to be tough. 4 Iraq, Afghanistan, and who knows what in the 5 future. 6 It's tough on these men and women, 7 it's tough on their family structures, it's 8 tough economically. There are people -- when 9 they come home, we're going to be there for 10 them. We're going to be there for their 11 soldiers who work for them, who serve under 12 them, who in many cases come from lower 13 economic income levels, different parts of our 14 country, all different colors, all different 15 ethnic groups, all different religions. 16 That's what makes this country great. That's 17 that what makes West Point and our military 18 establishment great. 19 Senator Sampson said something very 20 significant. The integration of the American 21 military was one of the most significant 22 things in American history. It works. It 23 works for a lot of reasons. The most 24 important reason it works for is affection, 25 believe it or not, in a military unit.

Candyco Transcription Service, Inc. 1 My second commanding officer in 2 Vietnam, and the hardest part over there I 3 had, was an African-American, Major Nelson 4 from Michigan. The number-two guy in my unit 5 was a captain, an Hispanic American from 6 Puerto Rico. We not only fought together, we 7 loved each other as brothers. 8 And when you get into those places 9 in Afghanistan, you get into those places in 10 Iraq, they've got one thing in mind: To hurt 11 Americans. All of us. God bless you for 12 standing up for us, protecting us. God bless 13 your families, your instructors. You're going 14 into some wild territory. 15 But we care. And when you come 16 back, we're going to be there. In the past, 17 this house, other houses, were not for 18 American soldiers, back in Korea and Vietnam. 19 But this house, other houses, our governors, 20 we've made up for that mistake. We're there 21 for you. 22 So this is no piece of cake you're 23 walking into. This is going to be harsh 24 reality. All the bombastic words of 25 politicians, you're going to be the folks that

Candyco Transcription Service, Inc. 1 enforce them, and it's going to be hard. And 2 I just want to thank you, as just some 3 low-ranking soldier who never knew where I was 4 half the time in Vietnam and had to depend 5 upon folks like yourself so much. 6 Thank you for what you do. God 7 bless you. 8 ACTING PRESIDENT BRESLIN: Thank 9 you Senator McDonald. 10 Senator Marcellino. 11 SENATOR MARCELLINO: Thank you, 12 Mr. President. 13 And I want to thank the men and 14 women from West Point for coming here. Thank 15 you for what you do. You've heard the praises 16 from my colleagues. 17 And while you're out there 18 defending our freedoms and defending our great 19 country, I just want you to know something. 20 You have in this house a major defender of 21 West Point, a major person -- I won't call him 22 a major, I've got to call him a colonel. 23 Because there's no bigger proponent, there's 24 no better standard-bearer for your institution 25 than Colonel Larkin. And we call him "the

Candyco Transcription Service, Inc. 1 Colonel" affectionately. 2 He loves West Point. He defends 3 West Point. God forbid and God help anyone 4 who says anything even remotely critical of 5 your great institution -- Colonel Larkin is in 6 their face in a second, in a heartbeat, he's 7 got your back, just like you have our backs. 8 We thank you, God bless you. And 9 say a prayer for this man, because he's there 10 for you every minute of the day. God bless 11 you folks. 12 ACTING PRESIDENT BRESLIN: Thank 13 you, Senator Marcellino. 14 Senator Foley -- Senator Farley, 15 please. Excuse me. 16 SENATOR FARLEY: Foley, Farley, 17 they sound alike. 18 Let me thank you for your service, 19 for all of you. And, you know, these are very 20 dangerous times, and you are the people that 21 protect us. 22 And let me just say something as a 23 veteran and as a law professor. What a fine 24 institution you have. There's several 25 presidents coming from your school. And

Candyco Transcription Service, Inc. 1 besides an institution that trains young men 2 and women to represent our country, you're 3 really a fine academic institution. And we're 4 very, very proud of that. 5 I do want to pay tribute to my two 6 cadets that are here, Brittany Fearnside, who 7 comes from my hometown of Niskayuna, and also 8 Marc Meybaum, from Wilton and Gansevoort. 9 We're very, very proud of you. 10 And I have to say again, thank you 11 for your service. But you're such a -- your 12 entire West Point institution is loved, not 13 only by this body but by the general public at 14 large. We're very, very grateful for your 15 service. And thank you and Godspeed. 16 ACTING PRESIDENT BRESLIN: Thank 17 you, Senator Farley. 18 Senator Leibell. 19 SENATOR LEIBELL: Thank you, 20 Mr. President. 21 And as the ranking member on the 22 Committee on Veterans, Homeland Security and 23 Military Affairs, I want to join with my 24 colleagues in welcoming you to Albany and to, 25 in particular, the State Senate chamber.

Candyco Transcription Service, Inc. 1 We have so many wonderful things 2 about New York State, many honors for New York 3 State. But I cannot think of any greater 4 honor for New York than having the United 5 States Military Academy within its borders, 6 the Long Gray Line. 7 Now, my district is just on the 8 other side of the Hudson from you, Cold 9 Spring. So I can hear, from my side of the 10 river, reveille, and I can hear taps. And I 11 think of you fellows and ladies frequently 12 over there. My lifestyle is a little bit 13 easier than what you're going through. 14 But I do want to thank you for what 15 you're doing. And I hope you'll go back to 16 barracks, to your roommates, and let them know 17 that we appreciate you, we love you, and we 18 congratulate you for serving this greatest of 19 all nations. You are appreciated. 20 Thank you. 21 ACTING PRESIDENT BRESLIN: Thank 22 you, Senator Leibell. 23 Are there any other Senators 24 wishing to be heard on the resolution? 25 Hearing none, the question is on

Candyco Transcription Service, Inc. 1 the resolution. All those in favor please 2 signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT BRESLIN: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT BRESLIN: The 8 resolution is adopted. 9 Senators Larkin and Adams have 10 indicated they would like to open up the 11 resolution to cosponsorship by the entire 12 house. Any Senator not wishing to be on the 13 resolution please notify the desk. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, at 16 this point, with unanimous consent, I would 17 like to ask Brigadier General William E. Rapp 18 to step to the podium in order to address the 19 Senate. 20 ACTING PRESIDENT BRESLIN: Thank 21 you, Senator Klein. 22 General Rapp. 23 (Standing ovation.) 24 GENERAL RAPP: I must admit to 25 being taken aback by that applause.

Candyco Transcription Service, Inc. 1 I thank you for all of your service 2 to this great state, and I thank the cadets 3 who are here. 4 Senator Colonel Larkin, Senator 5 Adams, the members of the Veterans, Homeland 6 Security, and Military Affairs Committee, all 7 of those who have served our country in the 8 armed forces, and to this distinguished body 9 in the Senate, thank you for having us up 10 here. The Military Academy absolutely 11 treasures and appreciates West Point Day held 12 each year in Albany. 13 I personally am glad to be here. 14 My family has strong ties to New York. My 15 mother was born and raised in a little town 16 called LeRoy, just west of Rochester. And my 17 dad was in the Army. I moved around a lot, 18 but I spent 10 years of my 48 living in 19 New York State. So it's especially fun for me 20 to be here today. 21 The Army has a strong presence, as 22 you know, in New York and greatly appreciates 23 the tremendous support that the Legislature, 24 towns and communities and families throughout 25 New York have given our mission in so many

Candyco Transcription Service, Inc. 1 ways. 2 Last year the Army needed 107,000 3 soldiers to enlist. New York continues to 4 answer that call and last year put in 3,800 5 New Yorkers into the regular Army and over 6 1300 into the Reserves. 7 We have two major military 8 installations in New York State. Right now 9 there's 17,000 soldiers stationed at 10 Fort Drum, many currently deployed away from 11 home in harm's way. And along with these 12 soldiers, there's almost 15,000 family members 13 in the Fort Drum area. So on behalf of all 14 those who climb to glory with the 10th 15 Mountain Division Team and community, I thank 16 you for your support you continue to give to 17 them. 18 West Point is a slightly smaller 19 military installation. We've got nearly 4,000 20 active-duty service members and their 21 families, in addition to the 4500 cadets. But 22 our mission is large. It's our job to produce 23 leaders of character for our Army and for this 24 great nation. And the Academy could not 25 accomplish this mission without the continued

Candyco Transcription Service, Inc. 1 support of the New York Legislature and the 2 surrounding communities outside our gates. 3 The people of New York and the 4 installation of West Point have a long and an 5 illustrious history of military service going 6 back to the founding of our nation. Soldiers 7 from this great state were instrumental in the 8 stunning American victory at Saratoga, which 9 was the turning point in the Revolutionary 10 War. West Point is the longest continually 11 garrisoned military installation in the 12 country. And it protected this City of Albany 13 from the British troops who owned New York 14 City from coming up, using the Hudson to split 15 the colonies in half during the Revolutionary 16 War. 17 Today New York has one of the 18 largest veterans populations in the nation, 19 with over 1 million of the nearly 24 million 20 living veterans. And veterans of New York 21 have served their country in all branches of 22 the military, on active duty as well as the 23 Guard and Reserves. 24 And you continue to provide West 25 Point with your outstanding sons and

Candyco Transcription Service, Inc. 1 daughters, and I thank you for that. Over 300 2 New Yorkers are currently serving as cadets at 3 the United States Military Academy, and 4 they're excelling every day. 5 Our cadets, our cadets and staff 6 and faculty appreciate the support of New York 7 and strive to give back to the communities, 8 through service projects such as Habitat for 9 Humanity and Special Olympics, as you've 10 heard, through academic outreach programs, 11 through sports clinics and military 12 demonstrations. 13 Today, along with Cadet Tyler 14 Gordy, the First Captain of the Corps of 15 Cadets, who hails from the State of 16 California, I brought with us these members of 17 your great state, New York. And I'm proud of 18 these young men and women. They have signed 19 up to serve our country at a time of war. 20 You'll notice that five of them are 21 seniors. On the 22nd of May they'll graduate, 22 become second lieutenants in the United States 23 Army, and go start serving in our country. 24 The likelihood is high that all five will be 25 in harm's way this time next year.

Candyco Transcription Service, Inc. 1 Among this group to my left you'll 2 find athletes, members of national 3 championship teams, Dean's List students, 4 cadet leaders, first-generation Americans 5 benefiting from the opportunities of this 6 great nation, those with strong family ties to 7 the Academy and with military relatives 8 currently serving in support of GWOT. They 9 are all future leaders of our country, and 10 they've all signed up to live above the common 11 level of life. And I'm very proud of them, as 12 you can be as well. 13 Leaders are made, not born, and 14 that's what we try to do at West Point. We 15 challenge them every day. We challenge them 16 physically and academically. We challenge 17 them to excel. We challenge them to reach 18 above that common level of life. 19 And we cannot do that without the 20 support of this great state and of you all, 21 and the relationship we have with New York is 22 critical to our success. 23 I'd ask you to come, please see 24 your Academy. Come to West Point. See how 25 beautiful of a place it is, and see what is

Candyco Transcription Service, Inc. 1 happening there. 2 I want to thank you for today. 3 It's an absolute honor to be here. And I'll 4 have to end as I always do: Go Army, beat 5 Navy. 6 (Laughter.) 7 (Standing ovation.) 8 ACTING PRESIDENT BRESLIN: Thank 9 you very much, General Rapp. 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, at 12 this time can we please go to a reading of the 13 calendar. 14 ACTING PRESIDENT BRESLIN: The 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 298, by Senator Parker, Senate Print 3601C, an 18 act to amend the Social Services Law. 19 SENATOR WINNER: Lay it aside. 20 ACTING PRESIDENT BRESLIN: The 21 bill is laid aside. 22 SENATOR KLEIN: Lay it aside for 23 the day, please. 24 ACTING PRESIDENT BRESLIN: The 25 bill is laid aside for the day.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 357, by Member of the Assembly Latimer, 3 Assembly Print Number 5894A, an act to amend 4 the Public Health Law. 5 ACTING PRESIDENT BRESLIN: Read 6 the last section. 7 THE SECRETARY: Section 2. 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 18 370, by Senator Stachowski, Senate Print 6748, 19 an act to amend the Highway Law. 20 ACTING PRESIDENT BRESLIN: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT BRESLIN: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT BRESLIN: 3 Announce the results. 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT BRESLIN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 375, by Senator Stachowski, Senate Print 7149, 9 an act to amend the Alcoholic Beverage Control 10 Law. 11 ACTING PRESIDENT BRESLIN: Read 12 the last section. 13 THE SECRETARY: Section 9. This 14 act shall take effect on the 180th day. 15 ACTING PRESIDENT BRESLIN: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT BRESLIN: 19 Announce the results. 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT BRESLIN: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 383, by Senator Aubertine, Senate Print -- 25 SENATOR KLEIN: Lay the bill

Candyco Transcription Service, Inc. 1 aside for the day, please. 2 ACTING PRESIDENT BRESLIN: The 3 bill is laid aside for the day. 4 THE SECRETARY: Calendar Number 5 389, by Senator Foley -- 6 SENATOR KLEIN: Lay the bill 7 aside for the day, please. 8 ACTING PRESIDENT BRESLIN: The 9 bill is laid aside for the day. 10 THE SECRETARY: Calendar Number 11 391, by Senator Stewart-Cousins, Senate Print 12 7241, an act to amend the Town Law. 13 ACTING PRESIDENT BRESLIN: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT BRESLIN: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT BRESLIN: 21 Announce the results. 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT BRESLIN: The 24 bill is passed. 25 Senator Klein, that completes the

Candyco Transcription Service, Inc. 1 reading of the noncontroversial calendar. 2 SENATOR KLEIN: Mr. President, is 3 there any further business at the desk? 4 ACTING PRESIDENT BRESLIN: Excuse 5 me, Senator. 6 Senator Winner, why do you rise? 7 SENATOR WINNER: Senator Breslin, 8 we would like to have an immediate Republican 9 conference after session. Thank you. 10 ACTING PRESIDENT BRESLIN: 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, is 13 there any further business at the desk? 14 ACTING PRESIDENT BRESLIN: There 15 is no further business at the desk, Senator 16 Klein. 17 SENATOR KLEIN: There being no 18 further business, Mr. President, I move that 19 we adjourn at the call of the Temporary 20 President, intervening days to be legislative 21 days. 22 ACTING PRESIDENT BRESLIN: First 23 of all, there is an immediate meeting of the 24 Senate Republican Conference in their 25 conference room after session.

Candyco Transcription Service, Inc. 1 And you are reminded that there is 2 a West Point luncheon in Room 332 at 1:00 p.m. 3 There being no further business to 4 come before the Senate, on motion, the Senate 5 stands adjourned at the call of the Temporary 6 President, intervening days being legislative 7 days. 8 (Whereupon, at 12:11 p.m., the 9 Senate adjourned.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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