Tuesday, February 1, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 1, 2011 11 12:11 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN J. FLANAGAN, Acting President 19 FRANCIS W. PATIENCE, 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 FLANAGAN: The 3 Senate will come to order. 4 I ask everyone to rise and repeat 5 the Pledge. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT FLANAGAN: In 9 the absence of clergy, I would ask that we bow 10 our heads in a moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT FLANAGAN: The 14 reading of the Journal. 15 THE SECRETARY: In Senate, 16 Monday, January 31, the Senate met pursuant to 17 adjournment. The Journal of Sunday, 18 January 30, was read and approved. On motion, 19 Senate adjourned. 20 ACTING PRESIDENT FLANAGAN: 21 Without objection, the Journal stands approved 22 as read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor.

Candyco Transcription Service, Inc. 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Libous. 7 SENATOR LIBOUS: Thank you, 8 Mr. President. 9 At this time could we please adopt 10 the Resolution Calendar. 11 ACTING PRESIDENT FLANAGAN: All 12 in favor of adopting the Resolution Calendar 13 signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT FLANAGAN: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT FLANAGAN: The 19 resolution calendar is adopted. 20 Senator Libous. 21 SENATOR LIBOUS: Thank you, 22 Mr. President. 23 Mr. President, I believe that 24 there's a privileged resolution at the desk by 25 Senator Young. May we please have the title

Candyco Transcription Service, Inc. 1 read and move for its immediate adoption. 2 ACTING PRESIDENT FLANAGAN: The 3 Secretary will read. 4 THE SECRETARY: By Senator Young, 5 Legislative Resolution Number 412, 6 commemorating the 200th Anniversary of 7 Chautauqua County, New York. 8 ACTING PRESIDENT FLANAGAN: 9 Senator Young. 10 SENATOR YOUNG: Thank you, 11 Mr. President. 12 It's with great pride that we pass 13 this resolution today. As you know, 14 Chautauqua County is the furthest county west 15 in the State of New York. It's a land of 16 great lakes and beautiful lakes, and it's a 17 place where people are just wonderful. 18 So I just want to say to everyone, 19 thank you for your support today. We are 20 looking forward to an entire year of 21 celebration honoring our 200th birthday in 22 Chautauqua County. 23 Thank you. 24 ACTING PRESIDENT FLANAGAN: The 25 question is on the resolution. All those in

Candyco Transcription Service, Inc. 1 favor signify by saying aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT FLANAGAN: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT FLANAGAN: The 7 resolution is adopted. 8 Senator Libous. 9 SENATOR LIBOUS: Thank you, 10 Mr. President. 11 I believe there is a privileged 12 resolution at the desk by Senator 13 Hassell-Thompson. Could we please have it 14 read in its entirety and then please call on 15 Senator Hassell-Thompson, please. 16 ACTING PRESIDENT FLANAGAN: The 17 Secretary will read. 18 THE SECRETARY: By Senator 19 Hassell-Thompson, Legislative Resolution 20 Number 411, honoring Sergeant Deon L. Taylor 21 posthumously upon the occasion of his 22 designation for special recognition by the 23 New York Army National Guard. 24 "WHEREAS, Members of the armed 25 services from the State of New York, who have

Candyco Transcription Service, Inc. 1 served so faithfully and courageously in wars 2 in which our nation's freedom was at stake, as 3 well as in the preservation of peace during 4 peacetime, deserve a special salute from this 5 Legislative Body; and 6 "WHEREAS, this Legislative Body is 7 justly proud to honor Sergeant Deon L. Taylor 8 posthumously upon the occasion of his 9 designation for special recognition by the 10 New York Army National Guard, to be celebrated 11 at its Black History Month Kick-Off 12 celebration on Tuesday, February 1, 2011; and 13 "WHEREAS, This year's national 14 theme is 'An African-American Tribute to Our 15 Troops and Their Families'; and 16 "WHEREAS, This special celebration 17 will include the name of Sergeant Deon Taylor 18 as a recipient of state recognition. This 19 particular award was established as one of the 20 Empire State's highest honors for community 21 service; and 22 "WHEREAS, Sergeant Deon Taylor grew 23 up in the Bronx, New York, dreaming about 24 making a difference in other people's lives. 25 According to his grandmother, Shirley Taylor,

Candyco Transcription Service, Inc. 1 'he always wanted to be a cop, ever since he 2 was a little boy he always wanted to help'; 3 and 4 "WHEREAS, Sergeant Deon Taylor went 5 to high school in Lewiston, Maine, where he 6 was a notable athlete. After high school, he 7 joined the New York Army National Guard in 8 1997 and was based with the 27th Brigade 9 Combat Team in Syracuse. He later transferred 10 to the 1st Battalion, 258th Field Artillery in 11 the Bronx; and 12 "WHEREAS, In 2003 Sergeant Deon 13 Taylor graduated from Old Westbury College in 14 Long Island with a degree in sociology and 15 criminology. He joined in New York Police 16 Department in 2005 as a transit cop, and a 17 year later he was promoted to the Narcotics 18 Division in Brooklyn; and 19 "WHEREAS, Sergeant Deon Taylor 20 faced danger daily as an undercover narcotics 21 operative. Police Commissioner Raymond Kelly 22 said 'Deon Taylor made a difference in his 23 short time on the force. He took the most 24 dangerous drugs off the streets, along with 25 obtaining crucial evidence that led to search

Candyco Transcription Service, Inc. 1 warrants. He did it all while remaining 2 modest, polite and respectful of others'; and 3 "WHEREAS, Sergeant Deon Taylor was 4 a dedicated family man who lived upstate with 5 his 8-year-old son, DaRue. He was truly a 6 devoted, hands-on father. He also cared for 7 his mother, Pamela; and 8 "WHEREAS, Sergeant Deon Taylor was 9 a fire-direction specialist, zeroing in on 10 terrorist targets when he was killed in 11 Western Afghanistan on October 22, 2008, just 12 as he was nearing the end of his deployment 13 and planning an August wedding to his fiancee, 14 Caitlin Casey. Sergeant Deon Taylor 15 courageously served his city at home and his 16 nation abroad; and 17 "WHEREAS, This Legislative Body is 18 moved with great respect and reverent esteem, 19 and on behalf of all of the citizens of the 20 Empire State, to renew its tribute to the men 21 and women of New York State who so 22 courageously served their state and nation in 23 defense of freedom and democracy; now, 24 therefore, be it 25 "RESOLVED, That this Legislative

Candyco Transcription Service, Inc. 1 Body pause in its deliberations to honor 2 Sergeant Deon L. Taylor posthumously upon the 3 occasion of his designation for special 4 recognition by the New York Army National 5 Guard; and be it further 6 "RESOLVED, That a copy of this, 7 suitably engrossed, be transmitted to Sergeant 8 Taylor's parents, Leon and Pamela." 9 ACTING PRESIDENT FLANAGAN: 10 Senator Hassell-Thompson. 11 SENATOR HASSELL-THOMPSON: Thank 12 you, Mr. President. 13 I rise to thank this body for 14 allowing this resolution to be read in its 15 entirety. 16 The parents of Deon Taylor are from 17 my district, and they are so pleased tonight 18 that the Governor is going to honor his memory 19 at the African-American recognition ceremony. 20 And I wanted to be able to present 21 this resolution on behalf of the State Senate, 22 in thanks to him for the life that he lived 23 and for the service that he gave to his 24 country and certainly to the State of 25 New York. He made us proud.

Candyco Transcription Service, Inc. 1 So I thank you, Mr. President, for 2 allowing me to opportunity to address his 3 memory and to congratulate his family on being 4 the recipient of this award posthumously. 5 ACTING PRESIDENT FLANAGAN: Thank 6 you, Senator Hassell-Thompson. 7 Senator Larkin, on the resolution. 8 SENATOR LARKIN: Thank you, 9 Mr. President. 10 And I want to thank Senator 11 Hassell-Thompson for putting this resolution 12 in. 13 Too often we forget that young men 14 and women are sent daily on a mission in 15 harm's way. I see our good Deputy Minority 16 Leader looking here; he can tell you his own 17 experience with his brothers. His brother was 18 a very well decorated Vietnam veteran, highly 19 decorated, Silver Star and others. 20 But this is a case of a young man 21 that we're seeing on a regular basis. Last 22 weekend there were eight Americans that were 23 killed. There was a NATO group killed. And, 24 you know, sometimes we as individuals and as 25 group fail to sit and take a moment and

Candyco Transcription Service, Inc. 1 reflect on what commitment these young people 2 have made for this great country of ours. 3 If you look at Senator McDonald, 4 combat veteran, Vietnam, Cambodia. And then 5 we have young kids today, Iraq and 6 Afghanistan, some of them on their third and 7 fourth time. They've been wounded the first 8 time, maybe the second time. But on the third 9 and fourth, the mailman comes up and says 10 "Your son was killed in action." 11 It isn't an easy thing. We don't 12 sometimes grasp what the nation we have is 13 doing and how we're treating our young people. 14 This is a National Guard person. A lot of 15 people say to me, Well, the National Guard, 16 well, they're not in combat. Listen, I 17 remember them in combat in World War II and in 18 Korea and in Vietnam. 19 This is a young life that has been 20 taken away from us. And you never really 21 understand it. 22 My first killed in action was 23 August the 4th, 2:30, 1950. I will never 24 forget it. And some commander of Taylor's 25 group will never forget it. And we as a body

Candyco Transcription Service, Inc. 1 should never forget. 2 I don't think it's funny, Senator. 3 I don't think it's very funny at all. This is 4 a very serious matter. You might not think it 5 is, but I do. I'll never disrespect you when 6 you're on the floor. Don't disrespect me. 7 So I say this is a resolution. 8 Maybe we all ought to get a copy of it and 9 think about what he did for us that makes us 10 the greatest nation in the world, because we 11 have men and women who volunteer, raise their 12 right hand and say "I will serve my country, 13 and I will defend and protect you." 14 Thank you very much, Senator 15 Hassell-Thompson. 16 ACTING PRESIDENT FLANAGAN: Thank 17 you, Senator Larkin. 18 Is there any other Senator wishing 19 to be heard on the resolution? 20 Seeing none, the question is on the 21 resolution. All those in favor signify by 22 saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT FLANAGAN: 25 Opposed, nay.

Candyco Transcription Service, Inc. 1 (No response.) 2 ACTING PRESIDENT FLANAGAN: The 3 resolution is adopted. 4 Senator Libous. 5 SENATOR LIBOUS: Mr. President, 6 is there any further business at the desk? 7 ACTING PRESIDENT FLANAGAN: There 8 is none, Senator Libous. 9 SENATOR LIBOUS: Mr. President, 10 at this time I ask that we all join together, 11 those who wish to go as a group or 12 individually to the Hart Theater for the 13 Governor's budget presentation. 14 And there being no further 15 business, Mr. President, before the Senate 16 today, I would ask that we adjourn until 17 Monday, February 7th, at 3:00 p.m., 18 intervening days being legislative days. 19 ACTING PRESIDENT FLANAGAN: On 20 motion, the Senate stands adjourned until 21 Monday, February 7th, at 3:00 p.m., 22 intervening days being legislative days. 23 (Whereupon, at 12:22 p.m., the 24 Senate adjourned.) 25

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