Wednesday, April 6, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 6, 2011 11 11:04 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 LIEUTENANT GOVERNOR ROBERT J. DUFFY, 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 THE PRESIDENT: The Senate will 3 come to order. 4 Please rise and repeat with me the 5 Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 THE PRESIDENT: Welcome to West 9 Point Day in the State Senate. 10 The invocation today is to be given 11 by Father Edson J. Wood, who is the brigade 12 chaplain at West Point. Father? 13 CHAPLAIN WOOD: May we pray. 14 Almighty God, we pray You guide 15 this great state and those who lead it. Give 16 Your spirit of wisdom to all whom we entrust 17 with authority over us. In time of our 18 prosperity, temper our self-confidence with 19 thankfulness. And in the day of trouble, let 20 our trust in You never fail. 21 Look, too, with Your generous 22 bounty on West Point, which is to be honored 23 here today. Let her remember always that her 24 mission of duty, honor, country is not a way 25 of looking only at certain things, it is a

Candyco Transcription Service, Inc. 1 certain way of looking at everything. 2 And finally, O God, protect our 3 uniformed brothers and sisters and their 4 families all over this troubled world of ours. 5 Guide them, protect them, keep them safe, and 6 reward them bounteously for their greatness of 7 soul. 8 Our prayer this day comes from 9 hearts that are open to You, Eternal God. And 10 we ask these things in Your name, which is 11 mighty. 12 Amen. 13 THE PRESIDENT: Next we'll have 14 the reading of the Journal. 15 THE SECRETARY: In Senate, 16 Tuesday, April 5th, the Senate met pursuant to 17 adjournment. The Journal of Monday, 18 April 4th, was read and approved. On motion, 19 Senate adjourned. 20 THE PRESIDENT: Without 21 objection, the Journal stands approved as 22 read. 23 Presentation of petitions. 24 Any messages from the Assembly? 25 The Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: On page 18, 2 Senator Maziarz moves to discharge, from the 3 Committee on Local Government, Assembly Bill 4 Number 2411 and substitute it for the 5 identical Senate Bill Number 205, Third 6 Reading Calendar 233. 7 THE PRESIDENT: Substitution 8 ordered. 9 Presentation of petitions. 10 Messages from the Assembly. 11 Messages from the Governor. 12 Reports of standing committees. 13 Reports of select committees. 14 Communications and reports from 15 state officers. 16 Motions and resolutions. 17 Senator Libous. 18 SENATOR LIBOUS: Thank you, 19 Mr. President. 20 Mr. President, at this time there's 21 a privileged resolution at the desk by Senator 22 Larkin. I ask that we please read it in its 23 entirety. And before we move for its 24 adoption, I would ask that you call on 25 Senator Larkin.

Candyco Transcription Service, Inc. 1 THE PRESIDENT: Thank you, 2 Senator. 3 The Secretary will read the 4 resolution in its entirety. 5 THE SECRETARY: Legislative 6 resolution by Senator Larkin, memorializing 7 Governor Andrew M. Cuomo to proclaim April 6, 8 2011, as West Point Day in the State of 9 New York. 10 "WHEREAS, This Legislative Body is 11 justly proud to celebrate the establishment of 12 the United States Military Academy at 13 West Point and to call upon Governor Andrew M. 14 Cuomo to proclaim April 6, 2011, as West Point 15 Day in the State of New York; and 16 "WHEREAS, By an act of Congress on 17 March 16, 1802, the United States Military 18 Academy was established within the borders of 19 New York State, on the banks of the Hudson 20 River; and 21 "WHEREAS, The Academy and its 22 graduates are an integral part of the proud 23 history of this state and nation; and 24 "WHEREAS, The leadership and 25 sacrifices of the members of the Long Gray

Candyco Transcription Service, Inc. 1 Line have helped this country withstand 2 countless threats to our cherished democratic 3 way of life; and 4 "WHEREAS, The alumni have excelled 5 not only on the battlefield but in many fields 6 of endeavor; and 7 "WHEREAS, The Academy continues to 8 provide our country with able and dedicated 9 future leaders; and 10 "WHEREAS, Its scenic campus is a 11 mecca each year for thousands of visitors from 12 across our state, continent, and other 13 countries; and 14 "WHEREAS, The United States 15 Military Academy is in the forefront of our 16 state's outstanding institutions of higher 17 learning; and 18 "WHEREAS, 59 years ago, the late 19 James T. McNamara, then a member of the 20 New York State Assembly, and a member of the 21 Academy's class of 1939, was the author of the 22 State Legislature's first 'West Point Day' 23 Resolution; and 24 "WHEREAS, For decades, our nation 25 has enjoyed the legacy of freedom, and the

Candyco Transcription Service, Inc. 1 United States Military Academy at West Point 2 has played a vitally significant role in the 3 maintenance of peace and freedom; and 4 "WHEREAS, The members of this 5 Legislative Body are proud to commemorate this 6 event marking April 6, 2011, as West Point Day 7 in New York State; now, therefore, be it 8 "RESOLVED, That this Legislative 9 Body pause in its deliberations to celebrate 10 the establishment of the United States 11 Military Academy at West Point and to 12 memorialize Governor Andrew M. Cuomo to 13 proclaim April 6, 2011, as West Point Day in 14 the State of New York; and be it further 15 "RESOLVED, That a copy of this 16 resolution, suitably engrossed, be transmitted 17 to the Honorable Andrew M. Cuomo, Governor of 18 the State of New York." 19 THE PRESIDENT: Thank you. 20 Senator Larkin. 21 SENATOR LARKIN: Thank you, 22 Mr. President. 23 What an honor and distinct 24 privilege to represent West Point. And first 25 of all, on behalf of all of my colleagues, I'd

Candyco Transcription Service, Inc. 1 like to offer a special welcome to General 2 Huntoon and his wife, Margaret. Please stand, 3 and I'd like everybody to see you wonderful 4 people. 5 (Applause.) 6 SENATOR LARKIN: Before my 7 remarks, I'd like to introduce you to this 8 group of outstanding members, outstanding 9 individuals and future leaders of our armed 10 forces and our government. 11 First, Captain Marc Beaudoin is 12 from the great State of Maine. Please stand 13 up as I call you, and then you can sit down. 14 Thank you very much, First Captain. 15 Cadet Patrick Arlantico, from 16 Kingston, my district. Good to see you. 17 Cadet Ross Chesaniuk, Senator 18 Sta -- Stati -- Stavisky's -- you know, those 19 Irish names are hard to pronounce. 20 (Laughter.) 21 SENATOR LARKIN: Thank you. 22 Cadet Gerard Connolly, from Senator 23 Addabbo's. 24 Cadet Jeff Jang, Senator Skelos's 25 district. Thank you.

Candyco Transcription Service, Inc. 1 Cadet Andrea Lloyd, from 2 New Hampton, Orange County. Good to see you. 3 Cadet Cidny Menjivar, from Senator 4 Joe Addabbo. 5 Cadet Andy Uhorchak, from Cornwall, 6 New York. Don't sit down, Andy. 7 Andy is the third. His oldest 8 brother has already had a tour. His sister is 9 sitting in my old seat in Heidelberg -- when I 10 was a youngster, Gene. Thank you, Andy. The 11 third in his family, and he'll be there next 12 year in the same fighting capacity as his 13 brother and sister have. 14 Cadet Sally Chang; Senator 15 Stavisky. 16 Cadet Madelyne Serrano, Senator 17 Diaz. 18 Cadet Pat Stingley, Senator 19 McDonald. 20 Cadet Shaliya Dehipawala. Was I 21 close? 22 CADET DEHIPAWALA: No, sir. 23 (Laughter.) 24 SENATOR LARKIN: Where's Tony 25 Avella? That's your fault, Tony.

Candyco Transcription Service, Inc. 1 Cadet Corey Hill; Mike Nozzolio. 2 Cadet Enoch No; David Carlucci's. 3 Cadet Mark Hoempler; Senator 4 Carlucci. 5 Cadet Colin Hennessy, Senator 6 Skelos' office. 7 Ladies and gentlemen, the future of 8 America. 9 (Standing ovation.) 10 SENATOR LARKIN: You know, I know 11 my colleagues have a habit of calling me the 12 Colonel, you know. It's not out of 13 disrespect. Because if it was, you know what 14 I would do. 15 But this is a great day. For we, 16 the legislators from the State of New York, to 17 invite you here to let you know that we 18 respect you. 19 The Class of 2011 that will 20 graduate in May will have orders. This fall 21 they'll be in harm's way, 90 percent of them. 22 But we know that we can depend on you. Four 23 years ago, your class, you stood there in our 24 day and you said "I do and I will." 25 This country depends on you.

Candyco Transcription Service, Inc. 1 You're the backbone of our country. You are 2 what every person that really cares about 3 America looks at you and says "Thank you." 4 And we also thank your mothers and 5 fathers for giving you the will and the desire 6 and the opportunity to go to a great 7 institution. 8 Look around, my colleagues, and 9 think of those who went before these cadets. 10 MacArthur, Eisenhower -- bring it up-to-date. 11 Class of '56, Desert Storm's. Look at today, 12 Class of '74, General Petraeus, from my town 13 of Cornwall. 14 This is what it's all about. These 15 are young men and women who make a difference 16 every day. The freshman class that are coming 17 in in June, they won't be going to college and 18 checking their gear in and say, "Let's go out 19 and have a few beers Friday night," because 20 that's not what the academy is all about. 21 The Long Gray Line: Duty, honor 22 and country. How fortunate we are, not just 23 as a state but as a nation. There will be a 24 thousand graduates in May. I think it's a day 25 that we all should be proud of. Because when

Candyco Transcription Service, Inc. 1 those white hats are thrown in the air, it 2 signifies that we've moved one step forward to 3 your maturity and your leadership. 4 Check all of the cadets that are 5 here today. They didn't sit around and think 6 of what they could do and goof off. They all 7 had activities. They had all spirits. 8 Let me just tell you about 600 of 9 them. Last year we had the Special Olympics. 10 General Huntoon says we'll do it again this 11 year. Six hundred cadets from all grades, all 12 classes, helped with our Special Olympics. 13 And if you'd see the cadets, men and women, 14 handle those special individuals with their 15 care and their respect, and they're willing to 16 help them -- that's what this is all about at 17 West Point. This is about duty, honor and 18 country. It's about leadership. 19 I had the privilege of serving for 20 23 years. And as I told General Huntoon and a 21 couple of others, in 23 years I only had one 22 at West Point that we didn't get along. But 23 the funniest thing about it was a couple of my 24 friends said, "What class?" I said 1950. 25 They said, "Oh, Cloyce B." Everybody was in

Candyco Transcription Service, Inc. 1 unison. Because they know who's the ones they 2 can count on. 3 We are indeed proud of you. We are 4 thankful for what you have done. As you march 5 forward to accept the new assignment, the 6 Class of 2011, just think, right here we have 7 a distinguished graduate of the Class of 1961. 8 Please stand. Neil [sic] Breslin, the county 9 executive. After a distinguished career, he's 10 now the county executive. 11 That's his brother next to him. He 12 has to advise his brother. 13 (Laughter.) 14 SENATOR LARKIN: But just think 15 about it. You've got -- don't worry about the 16 media. If you recall that General Petraeus 17 was just back here giving a briefing to the 18 Senate, and somebody asked him a question 19 about the leader's children. And General 20 Petraeus clearly just said, "Stephen Petraeus, 21 First Lieutenant, A Company, 1st Battalion, 22 173rd Airborne Infantry, 101st Airborne 23 Division, just returned home from 15 months in 24 Afghanistan." 25 The meeting by the Senate Armed

Candyco Transcription Service, Inc. 1 Services Committee ceased right there, because 2 Senator Levin from Michigan said, "I don't 3 think there are any other questions." 4 You have nothing to be ashamed of. 5 You stand proud, as everybody in this chamber 6 is proud of you. May God bless you all. 7 (Applause.) 8 THE PRESIDENT: Thank you, 9 Senator. 10 Senator Skelos. 11 SENATOR SKELOS: Would you 12 recognize Senator Breslin, please. 13 THE PRESIDENT: Senator Breslin. 14 SENATOR BRESLIN: Thank you, 15 Mr. President. 16 And welcome, West Point cadets. On 17 behalf of the Democratic conference, we're 18 humbled to have you here. 19 We'd like to think that we have 20 something in common with you, that it's our 21 role to kind of act in a democratic way, and 22 it's your role to preserve that democratic 23 way. And shortly you will be in harm's way. 24 And you'll be following a tradition that goes 25 back to Thaddeus Kosciuszko, who was told by

Candyco Transcription Service, Inc. 1 Washington to protect West Point. And on to, 2 as Senator Larkin said, on to some of the 3 greatest leaders this world has ever known -- 4 Eisenhower, Pershing, MacArthur, Grant, and on 5 and on and on. 6 And I'd like to highlight a couple 7 of others that probably are less well known. 8 Henry O. Flipper, who was the first 9 African-American graduate in 1877. In 1915, 10 Luis Estevez became the first Hispanic to 11 graduate from West Point. And in 1980, 12 Project Athena, where 119 extraordinary women 13 became the first women cadets, with Andrea 14 Hollen becoming the first to graduate. And on 15 and on and on. 16 And you are a part of duty, honor, 17 country. And you are the ones that are there 18 to preserve the greatest experiment in our 19 country, the experiment of democracy that 20 continues to this day. 21 And again, as I said, we are 22 humbled to have you here. And I also take 23 this special day once a year to not make fun 24 of a brother with my same surname, to honor 25 him on this day. In fact, Senator Larkin has

Candyco Transcription Service, Inc. 1 already given him the highest honor 2 imaginable -- 3 (Laughter.) 4 SENATOR BRESLIN: -- by referring 5 to him as Neil. 6 (Laughter.) 7 SENATOR BRESLIN: But indeed, I 8 say this once a year, that my older brother is 9 indeed my idol. A 1961 graduate of West 10 Point, who, as I've told you earlier, played 11 basketball, football and baseball at 12 West Point and went on to Jump School, Ranger 13 School, Jungle Warfare School, Air 14 Transportation School, Jump Master School, and 15 as a 27-year-old in Vietnam made major, 16 reporting to General Creighton Abrams, and 17 went on to teach, at the College of the 18 Americas, counterinsurgency. 19 And this partially prepared him to 20 become a county executive -- 21 (Laughter.) 22 SENATOR BRESLIN: -- and to deal 23 with the mandates that are sent down by a 24 group -- not this group and this conference; 25 there were others before us, others before us

Candyco Transcription Service, Inc. 1 and others in other conferences. 2 But this indeed is wonderful for 3 all of us. You are in our prayers as you 4 prepare for graduation and prepare to defend 5 us and allow us to continue to debate here, 6 but to debate here in a very civil way. 7 We do things in a way that we do 8 not hear about or see in any other country in 9 this world. We do things by arguing back and 10 forth to come up with compromises that better 11 serve democracy. 12 So my hat is off to you on this 13 wonderful day, and my hat is also off to my 14 brother and all of those who have gone before 15 you. 16 Thank you, Mr. President. 17 THE PRESIDENT: Thank you, 18 Senator. 19 Senator Skelos. 20 SENATOR SKELOS: Thank you very 21 much, Mr. President. 22 Our Republican conference and the 23 entire chamber welcomes you to Albany once 24 again there year. 25 Colonel Larkin, I want to start off

Candyco Transcription Service, Inc. 1 by thanking you. This is a special day for 2 you, but it's also a special day for every 3 single member of the Senate as we pay tribute 4 and salute those who are going through the 5 learning process but in a short time will be 6 protecting our democracy for this country. 7 So, Colonel, once again -- from 8 Republicans, Democrats, everybody in this 9 chamber, thank you very much. 10 (Applause.) 11 SENATOR SKELOS: To the West 12 Point Superintendent, Lieutenant General David 13 Huntoon and Mrs. Huntoon, we welcome you. 14 And to the Superintendent, the 15 lives of these young people are in your hands 16 to educate them well, as you do. And we thank 17 you for preparing the next group of graduates 18 from West Point. We salute you, sir. 19 Aide-de-Camp Major Michael 20 McDermott, I understand that Senator Lee 21 Zeldin served with you in Iraq, and we welcome 22 you to this great chamber. Thank you for your 23 service. 24 The General is accompanied by his 25 staff and a group of cadets led by First

Candyco Transcription Service, Inc. 1 Captain Cadet Marc Beaudoin. 2 And I also want to extend a special 3 welcome to two cadets from the 9th Senate 4 District: Jeffrey Jang, from Woodmere, and 5 Colin Hennessy, of Lynbrook. Again, we 6 welcome you to the chamber, as we do all of 7 your fellow cadets. 8 It is an honor and a privilege to 9 stand here as the Majority Leader and a member 10 of this chamber to welcome you and to thank 11 you. West Point, strong as the rock upon 12 which it is built and as unyielding as the 13 river that flows by its walls. 14 The United States Military Academy 15 at West Point is one of the most cherished 16 institutions in our nation and the most 17 cherished institution in the State of New 18 York, a place where the best and the bravest 19 men and women answer the call to serve their 20 country. 21 Each of you has committed yourself 22 to the values of duty, honor and country. We 23 all owe that debt of gratitude to you. The 24 road you have chosen isn't an easy one. 25 Thousands of your brothers and sisters have

Candyco Transcription Service, Inc. 1 lost their lives or been wounded during the 2 current conflicts in Iraq, in Afghanistan, and 3 now Libya. 4 Despite the obvious and inherent 5 risks, you continue to serve your country with 6 the same strength and desire you have 7 exhibited throughout every aspect of your 8 lives. The training and instruction you are 9 receiving at West Point will undoubtedly 10 prepare you to meet and exceed the tough 11 challenges that lie ahead. 12 We are extremely proud of the work 13 you do. Your bravery and heroism in these 14 difficult times are an inspiration to us and 15 to all Americans. You represent the very best 16 our country has to offer, and we are honored 17 and privileged to have you here today. 18 And as an indication -- you know, 19 when I came over to speak to you, everybody 20 was very serious. But when I mentioned we 21 have lunch at 1:00 o'clock, we got a lot of 22 smiles. 23 (Laughter.) 24 SENATOR SKELOS: So we invite you 25 back -- I believe you're going to the Assembly

Candyco Transcription Service, Inc. 1 to be greeted there, as you should. And then 2 we welcome you back, all the members, people 3 that are here, we welcome you back to our 4 conference room so that you can have a great 5 lunch and do a comparison between the lunch 6 we're going to serve you and the food that you 7 get at West Point. 8 We're very proud of you, we love 9 you, and we hope and we pray that God protects 10 each and every one of you. 11 (Applause.) 12 THE PRESIDENT: Thank you, 13 Senator. 14 Next, Senator Carlucci. 15 SENATOR CARLUCCI: Thank you, 16 Mr. President. 17 And I want to thank the previous 18 speakers, particularly Senator Larkin for 19 sponsoring this resolution. 20 It's an absolute honor today to 21 welcome you to the Senate chamber. And on 22 behalf of the people that I represent in 23 Rockland and Orange County, we just want to 24 say thank you for your commitment towards 25 excellence, your sacrifice that you've put

Candyco Transcription Service, Inc. 1 forth to serve our communities, our state, our 2 nation. 3 Basically, I just want to say thank 4 you and I know that our state and our nation 5 is in good hands with your leadership now and 6 your future leadership. I hope that one day 7 you will run for office and you'll be able to 8 lead this state to prosperity. 9 With that, I also want to say that 10 I'm particularly proud of Enoch No and 11 Mark Hoempler, who are both graduates of 12 Suffern High School, a great high school in 13 Rockland County. 14 And with that, thank you. Thank 15 you for your leadership and your commitment to 16 our community. God bless you. 17 THE PRESIDENT: Thank you, 18 Senator. 19 Senator Addabbo. 20 SENATOR ADDABBO: Thank you, 21 Lieutenant Governor. Good morning. 22 First let me thank Senator Larkin 23 not only for this resolution and his work 24 during West Point Day, but also for his 25 service to our country. Senator Larkin, thank

Candyco Transcription Service, Inc. 1 you very much for your dedication to our 2 country. 3 And I believe it's the right thing 4 to do to take a moment from our legislative 5 work and acknowledge the cadets who are here 6 and obviously thank them for their commitment 7 and dedication, and congratulate them on being 8 part of the over 200-year-old-history at 9 West Point. 10 Over the past 30 years, West Point 11 has become more diverse. And I want to say 12 welcome to two of my constituents, who I'm 13 extremely proud of, Cadet Cidny Menjivar, and 14 Cadet Gerard Connolly, whose family I've known 15 for many years, and to all the cadets. 16 You know, please know that the 17 residents of the 15th Senatorial District and 18 the residents across this great state and 19 country are proud of the path you have chosen. 20 And we are thankful that you are here today. 21 And we also should be reminded and 22 mindful that there are many of the West Point 23 family who are not here today, who are serving 24 us and protecting our freedoms around the 25 world in Afghanistan and Iraq and all points

Candyco Transcription Service, Inc. 1 of this world. We are mindful of their, 2 again, service to our country. We thank them 3 as well. Our prayers are with them for their 4 safety, as our prayers will be with you as 5 well. 6 So thank you again for being here 7 on West Point Day. 8 Thank you, Lieutenant Governor. 9 THE PRESIDENT: Thank you, 10 Senator. 11 Senator Zeldin. 12 SENATOR ZELDIN: Thank you, 13 Mr. President. 14 First I want to thank Colonel 15 Larkin for sponsoring this resolution and for 16 your service, a very proud Korean War veteran 17 who, whenever he has an opportunity to pay 18 homage to our future veterans, our current 19 veterans, and our past veterans, he never 20 misses an opportunity. And once again, he has 21 demonstrated that leadership again today. 22 To Michael Breslin, for your 23 service to our country as well. It's nice to 24 have other veterans in this room. I know we 25 have a Marine in Senator Owen Johnson, who

Candyco Transcription Service, Inc. 1 served a couple of years before I did. We 2 have Greg Ball, who served in the Air Force, 3 and others as well around this room and in 4 this chamber. 5 It is an honor to serve as a 6 New York State Senator. And absolutely no 7 disrespect to all of my colleagues here, 8 nothing will ever beat the honor of serving on 9 active duty in the Army. 10 To the Superintendent, who's here, 11 I walked in the chamber today and I had no 12 idea that my company commander over in Iraq is 13 your aide, that my battalion commander from 14 Iraq is your XO, Colonel Mike Richardson. 15 It is -- for me, when I see the 16 American flag, it's so colorful. Maybe it has 17 more color each and every day that I 18 appreciate it more and more. I've heard these 19 stories of those in combat where the American 20 flag has come off of a pole and hit the ground 21 and soldiers have picked that flag up to keep 22 it off the ground, knowing that death was 23 almost certain. Some that have gotten shot 24 and killed, and yet another soldier would go 25 and pick up that flag off the ground, knowing

Candyco Transcription Service, Inc. 1 that death was almost certain. 2 And again and again, these stories 3 have been inspiration, inspirations to songs 4 that we sing and books that are read. It is 5 that inspiration that made me so proud the 6 first day I put on a uniform. And I looked 7 into the mirror and I saw that Army patch 8 smiling right back at me, and I knew I was 9 getting involved with the right profession. 10 You are at such a critical point in 11 our nation's history, going to become 12 officers. Your character is the greatest of 13 what New York is all about. And even though 14 we may not be there with you physically each 15 and every day while you are earning your 16 officer ranks at West Point, and we may not be 17 with while you serve over in combat, know that 18 you're leaving a legacy back home and you have 19 a spirit of us with you. Because we are so 20 proud of your service. We are so proud of 21 your sacrifice. 22 And it is an honor to be in your 23 presence today, and I wish you the best of 24 luck. 25 THE PRESIDENT: Thank you,

Candyco Transcription Service, Inc. 1 Senator. 2 Senator Ball. 3 SENATOR BALL: I also want to 4 thank Colonel Larkin for his continued 5 leadership on this. 6 Colonel Larkin being Army, me being 7 Air Force, we have a pushup contest every 8 morning, and he beats me every single time. 9 (Laughter.) 10 SENATOR BALL: You know, just so 11 people understand who are not necessarily 12 familiar with West Point -- some of my numbers 13 may be off; I'll fudge them in the up 14 direction. If the Sup wants to tell me if I'm 15 off on the numbers, let me know. 16 But you're talking about an 17 institution where there are approximately 18 50,000 pre-candidate questionnaires, they 19 accept 30,000 applications -- and this goes 20 for Naval Academy, Air Force Academy, or the 21 Air Force Academy's sister institution, 22 West Point. 23 (Hoots, laughter.) 24 SENATOR BALL: -- 50,000 25 applications, and with -- Colonel, we'll have

Candyco Transcription Service, Inc. 1 a pushup contest with the Sup in a little bit. 2 And then, out of that, there are 3 10,000 applications that are totally 4 qualified. And out of that number, they pick 5 1200 cadets. In your typical graduating 6 class, 800 graduate. 7 You know, for those on the other 8 side of the aisle and for all of us who care 9 about social justice, West Point and the 10 service academies of the United States of 11 America represent the greatest beacon of equal 12 opportunity that the United States has ever 13 had, at the highest of levels. 14 (Applause.) 15 SENATOR BALL: When you go in and 16 they break you down and they build you back 17 up, they shave your hair off, you all wear the 18 same thing, you don't know who's rich or poor. 19 You don't know who comes from the South or the 20 North, except for those crazy accents. You 21 really are all equal. And it's up to you to 22 prove yourself. 23 And I've seen kids from the rural 24 places, I've seen kids come from the inner 25 city, of all backgrounds, of all creeds, of

Candyco Transcription Service, Inc. 1 all ethnicities, and do amazing things. Go 2 from a small town and become first captain. 3 And congratulations to the First Captain who's 4 here today. What a great honor for you. 5 You know, one of my best memories, 6 the best memory of my life, is graduating from 7 the Air Force Academy and being handed my 8 commission or getting my commission from the 9 Vice President of the United States, Dick 10 Cheney. 11 And in fact I remember -- of 12 course, one thing that Senator Adams and I 13 have in common is liking the press a little 14 bit. And I remember on that day thinking the 15 entire time, how can I get a photo of me on my 16 graduation, because there's always that iconic 17 photo. And he was wearing a big cowboy hat. 18 So at the very end, as I walked up 19 that stage to see the Vice President, I said, 20 I got it. I'll get him to wear my cadet cap, 21 and I'll wear his cowboy hat, it will be a 22 great thing. 23 So I went up, I said, "Mr. Vice 24 President, can we exchange hats?" And he was 25 about to do it, and there was a great photo --

Candyco Transcription Service, Inc. 1 and he took off his hat, and I took off my 2 hat, and I went to give it to him, and he 3 stopped me and he said, "Oh, no, this cowboy 4 hat is way too expensive." Which tells you a 5 little bit. 6 But quite honestly, that was the 7 proudest day. Not because the Vice President 8 was there, but because of my parents and my 9 friends and family who came out to be with me. 10 You look forward to a great day. 11 One of my lowest moments, it was 12 very early in the morning, I was up in the 13 campaign, it was very busy and I went online 14 because there had been an event that happened 15 in Washington, D.C., and I was watching it on 16 YouTube. And a mom of a soldier who was 17 killed in Iraq, eastern Iraq, came up to speak 18 at the podium, at the mike. And I thought I 19 remembered the last name. 20 And she went into detail to speak 21 about her son, how at a very young age, 5, 6 22 years old, he talked about social 23 responsibility and leadership and integrity, 24 intrinsically. And she said the name Derek 25 Argel, and I knew that he was my classmate.

Candyco Transcription Service, Inc. 1 He served in the special forces and was killed 2 on May 31st. 3 The responsibility that is on your 4 shoulders is great. And as cadets of the 5 finest institution in the United States of 6 America, you have a great responsibility. 7 Because I promise you, if our boardrooms and 8 places like this were full with more cadets, 9 men and women like you, we wouldn't have 10 Enron, we wouldn't have the scandals, and this 11 would continue to be the greatest nation that 12 this world has ever known. 13 So serve your country, serve your 14 country well, and get into those boardrooms, 15 get into places like this, and let's fight to 16 make this the greatest country and continue to 17 be the greatest country that this world has 18 ever known. 19 Thank you, men and women. 20 THE PRESIDENT: Thank you, 21 Senator. 22 Senator Stavisky. 23 SENATOR STAVISKY: Thank you, 24 Mr. President. 25 And I don't want to stand in the

Candyco Transcription Service, Inc. 1 way of your 1:00 o'clock lunch, so let me be 2 very brief. 3 First let me thank Colonel Larkin. 4 Each year Senator Larkin comes and speaks. 5 And we appreciate your service as well as the 6 service of other men and women who have served 7 our country both in peace and in war. 8 And I am particularly proud today 9 to welcome Ross Chesaniuk and Sally Chang, 10 because they live in my district in Fresh 11 Meadows, and they represent the best we have 12 to offer. 13 I'm very proud of the high school 14 that they attended, Francis Lewis High School, 15 because Francis Lewis has a wonderful ROTC 16 program and they train young people to serve 17 in the military. They start in high school, 18 and they have an outstanding academic program. 19 And the fact that they have been able to send 20 two of their most illustrious graduates to the 21 Military Academy I think says a lot for the 22 New York City public high schools. 23 So I also congratulate the 24 Breslins. And every year I listen to Senator 25 Breslin -- I think it's the only time of the

Candyco Transcription Service, Inc. 1 year when he says nice things about his 2 brother. 3 (Laughter.) 4 SENATOR STAVISKY: But you can 5 see the genuine affection that the two 6 brothers have for each other. 7 And someday you will look at your 8 siblings and have the same kind of -- even 9 though you may be fighting nowadays, 10 nevertheless this is a relationship that is 11 certainly respected by everybody. 12 So I welcome you to Albany. And I 13 thank you for offering yourselves to serve our 14 country. The future is ahead of you, and the 15 best years are ahead of you. And let us hope 16 that you help our nation stay at peace. 17 Thank you very much. 18 THE PRESIDENT: Thank you, 19 Senator. 20 Senator McDonald. 21 SENATOR McDONALD: Thank you, 22 Mr. President. 23 Thank you, Colonel, for doing what 24 you do for us. 25 A special thank you to our special

Candyco Transcription Service, Inc. 1 guests. I know you went through a lot of hard 2 work, and I want to thank you on behalf of a 3 future constituency of yours that I used to be 4 part of. 5 The hard work is just beginning. 6 Because it was mentioned earlier what you've 7 got to look forward to as a graduation present 8 is war. There's nothing dramatic or romantic 9 or good about war. As former low-ranking Army 10 soldier in Vietnam and Cambodia with the 11 1st Cavalry Division, I remember my first 12 patrol like it was yesterday. The leader of 13 the patrol was a captain, a young West Point 14 graduate. 15 Before we started, I was one scared 16 guy. It's a lot different than television and 17 the movies if it's in real life. He came up 18 to the new guys that were replacing people who 19 had already been shot in Cambodia. And that's 20 all we could think about, were we going to be 21 next. 22 He settled us down, each and every 23 one of us. He looked us right in the eye. He 24 says, "Don't worry, I'm not going to be 25 leaving you. I'll be right with you."

Candyco Transcription Service, Inc. 1 That's what you have to look 2 forward to, the men and women who will be 3 entrusting their lives to you. And I can't 4 think of a better group of people than what 5 I'm looking at right now. 6 But for anybody here who thinks war 7 is romantic, there's nothing about it. You 8 will be writing letters to dead people's moms 9 and dads. You'll be thinking about that all 10 your life. You'll be watching your friend 11 taken off the battlefield with one less leg or 12 arm. You'll be thinking about what they could 13 have been. And they'll be thinking about 14 you -- if they survive -- in a hospital, 15 thanking you that you were with them in those 16 trying times. 17 You have a tremendous amount of 18 responsibility. But we pick the best for 19 that. And God bless each and every one of 20 you. And don't forget those average soldiers 21 that die by the thousands that are looking to 22 you as like a relative. 23 Thank you for what you do. 24 THE PRESIDENT: Thank you, 25 Senator.

Candyco Transcription Service, Inc. 1 Senator Adams. 2 SENATOR ADAMS: Thank you, 3 Lieutenant Governor. 4 I just wanted to respond to what be 5 Senator McDonald helped us all to understand. 6 I was not going to speak, but I thought 7 Senator McDonald did something for all of us. 8 And I thank you, Senator, for what 9 you just stated. Because often we have an 10 attempt to romanticize what these young men 11 are doing. And Senator McDonald just made it 12 real for all of us, how courageous their acts 13 are, these young men and women and, you know, 14 what they are volunteering to do. 15 And it's one thing to be in the 16 sterilized environment of West Point. But 17 once they leave West Point, the very real 18 image that Senator McDonald shared with us is 19 heroic beyond our imagination. 20 And for those men and women who are 21 in here who have served and who have put their 22 lives on the line to protect our country, we 23 owe them a debt of gratitude. And these young 24 men and women from West Point who are well 25 aware of the harm that they're putting

Candyco Transcription Service, Inc. 1 themselves in because they truly believe in 2 this country, we owe them a debt of gratitude. 3 And I think that the heartfelt 4 comments that came from Senator McDonald to 5 really bring us all into the very real-life 6 battlefield of what a soldier goes through 7 every day. And when they come home, many of 8 them may come home with all of their arms and 9 limbs, but a part of them is left in 10 Afghanistan, Iraq, or any other war that they 11 fight on behalf of this country. 12 So I thank my colleagues who have 13 served. And I thank the young men and women 14 who will continue to serve. And I just wanted 15 to share my thoughts, and I wanted to thank 16 Senator McDonald for his comments, because I 17 thought they were fitting to let us realize 18 that this is not a romantic event, this is an 19 epic proportion that's going to impact the 20 live of these young people, and they are 21 surrendering themselves to the will of this 22 country and they're dedicating their lives to 23 say that they too love America, and that's 24 commendable. 25 Thank you, Lieutenant Governor.

Candyco Transcription Service, Inc. 1 THE PRESIDENT: Thank you, 2 Senator. 3 Any other Senators wishing to 4 speak? 5 In closing, I just want to thank 6 Senator Larkin for his work today, and Senator 7 Skelos. 8 On behalf of all of us and on 9 behalf of Governor Cuomo, I just want to 10 extend our appreciation to General Huntoon, to 11 our cadets. You make your families proud, you 12 make New York State proud, you make our 13 country proud. So thank you for being here 14 today. 15 And the question is on the 16 resolution. All in favor signify by saying 17 aye. 18 (Response of "Aye.") 19 THE PRESIDENT: Opposed, nay. 20 (No response.) 21 THE PRESIDENT: The resolution is 22 adopted. 23 Senator Libous. 24 SENATOR LIBOUS: Senator Breslin 25 said we should clap.

Candyco Transcription Service, Inc. 1 (Standing ovation.) 2 SENATOR LIBOUS: Mr. President, 3 at this time I would ask my colleague Senator 4 Breslin's consent and certainly unanimous 5 consent from the chamber to let 6 Superintendent, Lieutenant General Huntoon 7 address this body, please. 8 THE PRESIDENT: General. 9 SUPERINTENDENT HUNTOON: Well, 10 thank you very much. 11 I am humbled and moved by these 12 heartfelt tributes of support not just to 13 these great cadets of the United States 14 Military Academy, but to all the soldiers, 15 sailors, airmen and marines who serve our 16 country so gallantly today around the world in 17 defense of all our freedoms. 18 We are absolutely delighted to be 19 here in the Senate of the State of New York. 20 We are home here. And we thank you for so 21 many reasons. We thank you for your own 22 service to the nation, for your service to the 23 citizens of the great State of New York. We 24 thank you for your unwavering support of the 25 United States Military Academy at West Point.

Candyco Transcription Service, Inc. 1 We thank Colonel Bill Larkin, our 2 own great warrior with a distinguished combat 3 record in both the Second World War and Korea, 4 for sponsoring this great day. 5 And we thank you again so sincerely 6 for your commitment to our soldiers and our 7 families who do serve in harm's way around the 8 world today. 9 For 209 years, West Point has been 10 a proud resident of the Empire State. From 11 the Palisades to Poughkeepsie, from every 12 neighboring community in the vicinity of West 13 Point, you have always been there to help our 14 soldiers and our civilians and to serve as a 15 second home for our families in the beautiful 16 Hudson River Valley. 17 The heart of West Point, though, is 18 our outstanding cadets. And I'm so proud to 19 have brought 16 of these great cadets, all 20 from the State of New York, led by their First 21 Captain, Marc Beaudoin, to this great assembly 22 today. And I would tell you that there are 23 4600 others who remain at West Point who are 24 here in spirit and thank you for your great 25 support of the Academy.

Candyco Transcription Service, Inc. 1 That support that you bring is 2 central to our mission accomplishment, the 3 mission at West Point that speaks about the 4 education, the training, the inspiration of 5 the United States Corps of Cadets so that each 6 commissioned graduate is committed to the 7 values of duty, honor and country, and 8 prepared for a career of professional 9 excellence in service to the nation as an 10 officer in the United States Army. 11 Now, ladies and gentlemen, this 12 summer we will bring in another 1250 great 13 young men and women from every state in the 14 union, every territory, and from 33 countries 15 around the world. And they will begin their 16 own journey to becoming the leaders of 17 character necessary for the great challenges 18 of the 21st century. Every cadet will spend 19 47 months at West Point, and all will come to 20 know the beauty and the hospitality and the 21 virtues of this magnificent state. 22 Now, the vast majority of our staff 23 and faculty, as has been noted this morning, 24 are veterans of the campaigns in Iraq and 25 Afghanistan. And they have shouldered the

Candyco Transcription Service, Inc. 1 great sacrifice and the burden of those 2 conflicts, and they have returned to their 3 New York home. And at West Point they teach 4 another generation about values-based 5 leadership, about the role of the military 6 profession in this democracy, and about 7 selfless service to the nation, always guided 8 by our motto: Duty, honor, country. 9 We could not be prouder to serve 10 here. New York has a distinguished record of 11 military service that spans all our wars and 12 is the proud home of the Army's 10th Mountain 13 Division and the great 42nd Infantry Division. 14 This state has produced thousands and 15 thousands of veterans in all the services. 16 And I know that several of you have served 17 your country in uniform, and we thank you from 18 the bottom of our hearts. 19 Thank you again for this great 20 honor to gather in this historic place today. 21 Thank you for everything that you do each and 22 every day for West Point, for the United 23 States Army, for our armed services, and for 24 the nation. 25 (Standing ovation.)

Candyco Transcription Service, Inc. 1 THE PRESIDENT: Senator Libous. 2 SENATOR LIBOUS: Mr. President, 3 at this time Senator Larkin has requested that 4 we open the resolution for sponsorship from 5 all of the membership of the Senate. If for 6 any reason there is someone who wishes not to 7 be on the resolution, please let the desk 8 know. 9 And, Mr. President, we're going to 10 stand at ease for about two minutes so that 11 members can shake hands and have a photograph 12 taken with the cadets. And I know that they 13 have something that they have to go to 14 shortly. 15 So we're going to just stand at 16 ease for about two minutes. I would ask 17 members not to go far. 18 THE PRESIDENT: The Senate is at 19 ease. 20 (Whereupon, the Senate stood at 21 ease at 11:53 a.m.) 22 (Whereupon, the Senate reconvened 23 at 11:57 a.m.) 24 ACTING PRESIDENT ROBACH: Senator 25 Libous.

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: Thank you, 2 Mr. President. 3 May we please go back to the order 4 of motions and resolutions. 5 ACTING PRESIDENT ROBACH: 6 Returning to motions and resolutions. 7 Senator Libous. 8 SENATOR LIBOUS: Mr. President, 9 there's a privileged resolution at the desk by 10 Senator Golden. Could we have its title read 11 and move for its immediate adoption. 12 ACTING PRESIDENT ROBACH: The 13 Secretary will read. 14 THE SECRETARY: Legislative 15 resolution by Senator Golden, honoring Antonio 16 Pellegrini upon the occasion of his 17 designation for special recognition. 18 ACTING PRESIDENT ROBACH: The 19 question is on the resolution. All those in 20 favor signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT ROBACH: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT ROBACH: The

Candyco Transcription Service, Inc. 1 resolution is passed. 2 Senator Libous. 3 SENATOR LIBOUS: Thank you, 4 Mr. President. 5 There's a privileged resolution at 6 the desk by Senator Hassell-Thompson. May we 7 please have its title read, call on Senator 8 Hassell-Thompson, and then we'll move for its 9 immediate adoption. 10 ACTING PRESIDENT ROBACH: The 11 Secretary will read. 12 THE SECRETARY: Legislative 13 resolution by Senator Hassell-Thompson, 14 congratulating Mr. and Mrs. Carl Barchus, Sr., 15 upon the occasion of celebrating their 16 50th Wedding Anniversary. 17 ACTING PRESIDENT ROBACH: Senator 18 Hassell-Thompson. 19 SENATOR HASSELL-THOMPSON: Thank 20 you, Mr. President. Just briefly. 21 The Barchus family are part of a 22 tremendous history, lineage in that family, 23 and 50 years of marriage is something that 24 unfortunately we don't see happen too often 25 today.

Candyco Transcription Service, Inc. 1 They have raised extraordinary 2 children, and their son is the head of 3 homeland security for our school district and 4 does an extraordinary job and was the winner 5 of the Joe Galiber Award this year during our 6 Black and Puerto Rican Caucus Weekend. 7 And I thought it would be very 8 fitting if we celebrated with them 50 years of 9 what we believe are the family values of this 10 state and of a family who has just proven to 11 be extraordinary in their marriage, their 12 relationship, their community service as well 13 as that of their son. 14 So thank you, Mr. President, for 15 the opportunity to speak. And thank you, 16 Senator Libous, for allowing the speed with 17 which this occurred. 18 ACTING PRESIDENT ROBACH: Thank 19 you, Senator Hassell-Thompson. 20 The question is on the resolution. 21 All those in favor signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT ROBACH: Any 24 opposed, nay. 25 (No response.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT ROBACH: The 2 resolution is passed. 3 Senator Libous. 4 SENATOR LIBOUS: Thank you, 5 Mr. President. 6 I believe we can have the reading 7 of the noncontroversial calendar at this time. 8 ACTING PRESIDENT ROBACH: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 207, by Senator DeFrancisco, Senate Print 12 2900, an act to amend the Military Law. 13 ACTING PRESIDENT ROBACH: Read 14 the last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect on the 120th day. 17 ACTING PRESIDENT ROBACH: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 54. 21 ACTING PRESIDENT ROBACH: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 211, by Senator Ball, Senate Print 3957, an 25 act to amend the Military Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT ROBACH: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect on the 30th day. 5 ACTING PRESIDENT ROBACH: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 54. 9 ACTING PRESIDENT ROBACH: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 233, by Member of the Assembly Gabryszak, 13 Assembly Print Number 2411, an act to amend 14 the General Municipal Law. 15 ACTING PRESIDENT ROBACH: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 90th day. 19 ACTING PRESIDENT ROBACH: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 54. 23 ACTING PRESIDENT ROBACH: The 24 bill is passed. 25 Senator Libous, that completes the

Candyco Transcription Service, Inc. 1 reading of the noncontroversial calendar. 2 SENATOR LIBOUS: Thank you, 3 Mr. President. 4 Mr. President, is there any further 5 business at the desk? 6 ACTING PRESIDENT ROBACH: There 7 is none. 8 SENATOR LIBOUS: Thank you. 9 There being no further business at 10 the desk, Mr. President, I move that the 11 Senate adjourn until Monday, April 11th, at 12 3:00 p.m., intervening days being legislative 13 days. 14 ACTING PRESIDENT ROBACH: On 15 motion, the Senate stands adjourned until 16 Monday, April 11th, at 3:00 p.m., intervening 17 days being legislative days. 18 (Whereupon, at 12:02 p.m., the 19 Senate adjourned.) 20 21 22 23 24 25

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