Regular Session - January 11, 2011

                                                            63



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                   January 11, 2011

        11                      11:03 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.
                                                        64



         1                 P R O C E E D I N G S

         2                  THE PRESIDENT:    The Senate will

         3       come to order.

         4                  I ask everyone present to please

         5       rise and repeat with me the Pledge of

         6       Allegiance.

         7                  We'll stand by until our Color

         8       Guard gets posted.

         9                  (The New York Cadet Wing Color

        10       Guard of the Civil Air Patrol marched to the

        11       front of the chamber.)

        12                  (Whereupon, the assemblage recited

        13       the Pledge of Allegiance to the Flag.)

        14                  THE PRESIDENT:    In the absence of

        15       clergy, I ask that we all recognize a moment

        16       of silence, please.

        17                  (Whereupon, the assemblage

        18       respected a moment of silence.)

        19                  (The Color Guard presented colors

        20       at the dais and then marched to the rear of

        21       the chamber.)

        22                  (Applause.)

        23                  THE PRESIDENT:    The reading of

        24       the Journal.

        25                  The Secretary will read.



                      Candyco Transcription Service, Inc.
                                                        65



         1                  THE SECRETARY:    In Senate,

         2       Monday, January 10, the Senate met pursuant to

         3       adjournment.  The Journal of Sunday,

         4       January 9, was read and approved.  On motion,

         5       Senate adjourned.

         6                  THE PRESIDENT:    Without

         7       objection, the Journal stands approved as

         8       read.

         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 Skelos -- Senator Libous.

        18                  SENATOR LIBOUS:    Thank you,

        19       Mr. President.  Senator Skelos is the one with

        20       a little bit more hair.

        21                  (Laughter.)

        22                  SENATOR LIBOUS:    Thank you, sir.

        23       May we please adopt the Resolution Calendar in

        24       its entirety at this time.

        25                  THE PRESIDENT:    All in favor of



                      Candyco Transcription Service, Inc.
                                                        66



         1       adopting the Resolution Calendar in its

         2       entirety signify by saying aye.

         3                  (Response of "Aye.")

         4                  THE PRESIDENT:    Opposed, nay.

         5                  (No response.)

         6                  THE PRESIDENT:    The Resolution

         7       Calendar is adopted.

         8                  Senator Libous.

         9                  SENATOR LIBOUS:    Thank you,

        10       Mr. President.

        11                  Mr. President, I believe there's a

        12       privileged resolution at the desk by Senator

        13       Seward.  May we please have the title read and

        14       move for its immediate adoption.

        15                  THE PRESIDENT:    The Secretary

        16       will read the resolution title only.

        17                  THE SECRETARY:    By Senators

        18       Seward, McDonald and Farley, Legislative

        19       Resolution Number 134, commending the New York

        20       Cadet Wing Color Guard of the Civil Air Patrol

        21       upon the occasion of presenting the colors at

        22       the start of the session of the New York State

        23       Senate, January 11, 2011.

        24                  THE PRESIDENT:    Senator Seward.

        25                  SENATOR SEWARD:    Yes, thank you,



                      Candyco Transcription Service, Inc.
                                                        67



         1       Mr. President.

         2                  It's certainly an honor and

         3       privilege for me to rise today to recognize

         4       the members of our Color Guard team of

         5       New York 415 Civil Air Patrol Unit.

         6                  As many of you in this chamber

         7       know, the Civil Air Patrol is a volunteer,

         8       nonprofit auxiliary of the United States Air

         9       Force.  And we mainly think of the Civil Air

        10       Patrol in their role as providers of an array

        11       of emergency services to the people of the

        12       state, including forest fire protection,

        13       disaster relief services, guaranteed

        14       communications, aircraft emergency assistance,

        15       and those types of services that they provide.

        16       They provide a very valuable service to the

        17       people of the State of New York.

        18                  But in addition to those essential

        19       services that they provide, the Civil Air

        20       Patrol also encourages activities to help

        21       develop our young people of the state into

        22       responsible citizens through its very

        23       phenomenal cadet program.  And we saw very

        24       much an evidence of that this morning with our

        25       Color Guard team.  They are comprised of some



                      Candyco Transcription Service, Inc.
                                                        68



         1       very exceptional young adults in the Civil Air

         2       Patrol's cadet program.

         3                  The cadet program is designed for

         4       young people 12 to 18 years of age.  It aims

         5       to develop essential life skills, instills

         6       some values, including teamwork, personal

         7       integrity, leadership, respect,

         8       self-confidence.  The list of some outstanding

         9       characteristics and character-building goes on

        10       and on in terms of what the cadet program

        11       does.

        12                  And the Color Guard team that's

        13       here today has participated in a number of

        14       wreath-laying ceremonies, recently at the --

        15       several at the Gerald B.H. Solomon Cemetery,

        16       as well as the memorial wreath right here at

        17       the New York State Capitol.  They've also

        18       participated in a number of flag raisings,

        19       memorial and funeral ceremonies.  They've also

        20       marched with colors in arms for numerous

        21       Memorial Day and Veterans Day parades.

        22                  So today, Mr. President and my

        23       colleagues, is a day that we can set aside to

        24       salute the Civil Air Patrol and what that

        25       means in terms of the services provided to the



                      Candyco Transcription Service, Inc.
                                                        69



         1       people of the state, as well as, and in

         2       particular, this outstanding cadet program.

         3                  I'd like to, if I may,

         4       Mr. President, acknowledge the presence in the

         5       chamber today of the New York Wing Commander,

         6       Colonel Jack Ozer -- if you would stand,

         7       Colonel -- as well as Major Darren Cioffi,

         8       who's the Southeastern Group Commander; my

         9       constituent, Lieutenant Colonel Andrew Liddle,

        10       who's the New York Wing and Northeast Regions

        11       Government Relations Advisor.  And I

        12       understand that Major Gerald Marketos, who's

        13       the Command Pilot and Assistant Government

        14       Relations, is also with us today too.

        15                  I'm going to ask Senator McDonald

        16       to -- he can acknowledge the members of the

        17       Color Guard team who are from his area.  But

        18       this is the leadership of our New York Wing of

        19       the Civil Air Patrol.  We're delighted to have

        20       them in the chamber today.

        21                  (Applause.)

        22                  THE PRESIDENT:    Thank you,

        23       Senator.

        24                  I'd like to welcome our guests and

        25       thank them for their great service.



                      Candyco Transcription Service, Inc.
                                                        70



         1                  And next, Senator McDonald.

         2                  SENATOR McDONALD:    Thank you,

         3       Mr. President.

         4                  I have the honor of having the

         5       cadets that we just saw, they're all residents

         6       of mine in Saratoga County.  Jessi Rapelje,

         7       Blake Hotopp, David Rakvica, Ben Schiher,

         8       Scott Downs, and Ryan Triller were all the

         9       young cadets who live in the communities of

        10       Ballston Spa and Burnt Hills.  And their

        11       senior members:  Lieutenant Colonel Anita

        12       Martin, Group Commander; First Lieutenant

        13       Connie Schuyler, Squadron Commander and Deputy

        14       Group Commander; Second Lieutenant Gregg

        15       Schuyler, Squadron Commander; First Lieutenant

        16       Alec Martin; and Captain Penny Epler Carl.

        17                  All of these folks spent a lot of

        18       time, as Senator Seward said, dedicating their

        19       time to our community.  They are our future.

        20       And I'm very proud of the way the New York

        21       State Senate has welcomed them today.

        22                  Thank you, Mr. President.

        23                  THE PRESIDENT:    Thank you,

        24       Senator.

        25                  And I also want to recognize our



                      Candyco Transcription Service, Inc.
                                                        71



         1       Color Guard again and thank them for their

         2       service.

         3                  (Applause.)

         4                  THE PRESIDENT:    All members have

         5       spoke on the resolution.  The question is on

         6       the resolution.  All in favor signify by

         7       saying aye.

         8                  (Response of "Aye.")

         9                  THE PRESIDENT:    Opposed, nay.

        10                  (No response.)

        11                  THE PRESIDENT:    The resolution is

        12       adopted.

        13                  Senator Libous.

        14                  SENATOR LIBOUS:    Mr. President,

        15       one moment, please.  We're conferring with the

        16       Minority on something.

        17                  (Pause.)

        18                  THE PRESIDENT:    Senator Libous.

        19                  SENATOR LIBOUS:    Thank you,

        20       Mr. President.

        21                  Is there any other business at the

        22       desk?

        23                  THE PRESIDENT:    There is not,

        24       Senator.

        25                  SENATOR LIBOUS:    Thank you,



                      Candyco Transcription Service, Inc.
                                                        72



         1       Mr. President.

         2                  Mr. President, I now hand up the

         3       following committee assignments on behalf of

         4       Senator Skelos and ask that such committee

         5       assignments be filed in the Journal.

         6                  THE PRESIDENT:    So ordered.

         7                  Senator Libous.

         8                  SENATOR LIBOUS:    Mr. President,

         9       we are going to -- the Senate is going to

        10       stand at ease, pending Senator Breslin and I

        11       coming back to hand up the Minority committee

        12       assignments shortly.  So the Senate will stand

        13       at ease.

        14                  However, Mr. President, members

        15       should know that there will be session on

        16       Tuesday, January 18th, at 3:00 p.m.

        17                  And we will officially adjourn

        18       after we hand up the Minority assignments.

        19       Members are free to be dismissed.

        20                  THE PRESIDENT:    The Senate stands

        21       at ease.

        22                  (Whereupon, the Senate stood at

        23       ease at 11:15 a.m.)

        24                  (Whereupon, the Senate reconvened

        25       at 12:55 p.m.)



                      Candyco Transcription Service, Inc.
                                                        73



         1                  THE PRESIDENT:    The Senate is

         2       back in session.

         3                  Senator Libous.

         4                  SENATOR LIBOUS:    Thank you,

         5       Mr. President.

         6                  Mr. President, in consultation with

         7       Senator Sampson, I hand up the following

         8       Minority committee assignments and ask that

         9       such assignments be filed into the Journal.

        10                  THE PRESIDENT:    So ordered.

        11                  SENATOR LIBOUS:    And,

        12       Mr. President, on behalf of Senator Skelos, I

        13       hand up the following appointments and ask

        14       that they be filed into the Journal.

        15                  THE PRESIDENT:    So ordered.

        16                  SENATOR LIBOUS:    Mr. President,

        17       is there any other further business at the

        18       desk?

        19                  THE PRESIDENT:    There is none,

        20       Senator.

        21                  SENATOR LIBOUS:    Thank you,

        22       Mr. President.

        23                  There being no further business, I

        24       move that we adjourn until Tuesday,

        25       January 18th, at 3:00 p.m., intervening days



                      Candyco Transcription Service, Inc.
                                                        74



         1       to be legislative days.

         2                  THE PRESIDENT:    On motion, the

         3       Senate stands adjourned until Tuesday,

         4       January 18th, at 3:00 p.m., intervening days

         5       being legislative days.

         6                  (Whereupon, at 12:56 p.m., the

         7       Senate adjourned.)

         8

         9

        10

        11

        12

        13

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24

        25



                      Candyco Transcription Service, Inc.