Regular Session - April 26, 2012
2261
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 26, 2012
11 11:06 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH A. GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
2262
1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask all present to please rise
5 and join with us as we recite the Pledge of
6 Allegiance to our Flag.
7 (Whereupon, the assemblage
8 recited the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: For
10 today's invocation, we are honored to have
11 with us Chaplain Colonel Mike Durham, the
12 United States Military Academy Chaplain, Cadet
13 Chapel, at West Point.
14 Chaplain.
15 CHAPLAIN DURHAM: May we pray.
16 Heavenly Father, we offer today,
17 as our first President did many years ago,
18 this heartfelt prayer for our nation.
19 "Almighty God, we make our
20 earnest prayer that Thou wilt keep the United
21 States in Thy holy protection, that Thou would
22 incline the hearts of her citizens to
23 cultivate a spirit of obedience to government
24 and to entertain a brotherly affection and
25 love for one another, and Thou wilt most
2263
1 graciously be pleased to dispose us all to do
2 justice, to love mercy, and to demean ourselves
3 with that charity and humility, the
4 characteristics of the Divine Author of our
5 blessed religion and without whose example in
6 these things we can never hope to be a happy
7 nation."
8 Father, on this day, and in this
9 place of selfless service, as we pause to honor
10 all that is noble and good at West Point, the
11 Academy, and in this great Empire State, we
12 humbly ask You that You would continue to hear
13 from heaven, heal our land, and fill our hearts
14 with hope, reminding us as You do of Your
15 abundant care and provision.
16 Guide, encourage, and inspire,
17 O Father, all those who lead and serve in
18 government, beginning with our President, and all
19 those elected to serve the needs of the people.
20 Especially we pray for these, the members of this
21 State Senate.
22 Bless and keep, O Lord, the young
23 men and women, many from this great state, who
24 have answered a special call to serve in defense
25 of our nation, some of whom at this very moment
2264
1 are in harm's way while providing for the
2 security and well-being of our people. Keep
3 them and their families, we pray, comforted
4 and safe in Your tender care.
5 Now grant, O God, that our nation
6 may always be a lighthouse for freedom, faith,
7 and hope, and may our light so shine before
8 men and nations that we may all someday
9 experience peace on earth and goodwill for all
10 mankind.
11 All this we pray from the heart
12 and in Your most holy name. Amen.
13 ACTING PRESIDENT GRIFFO: Thank
14 you, Chaplain.
15 The reading of the Journal.
16 THE SECRETARY: In Senate,
17 Wednesday, April 25th, the Senate met pursuant
18 to adjournment. The Journal of Tuesday,
19 April 24th, was read and approved. On motion,
20 Senate adjourned.
21 ACTING PRESIDENT GRIFFO:
22 Without objection, the Journal stands approved
23 as read.
24 Presentation of petitions.
25 Messages from the Assembly.
2265
1 The Secretary will read.
2 THE SECRETARY: On page 18,
3 Senator LaValle moves to discharge, from the
4 Committee on Judiciary, Assembly Bill Number
5 2088 and substitute it for the identical Senate
6 Bill Number 1311, Third Reading Calendar 389.
7 ACTING PRESIDENT GRIFFO: The
8 substitution is so ordered.
9 Messages from the Governor.
10 Reports of standing committees.
11 Reports of select committees.
12 Communications and reports from
13 state officers.
14 Motions and resolutions.
15 Senator Libous.
16 SENATOR LIBOUS: Thank you,
17 Mr. President.
18 On behalf of Senator Johnson, I
19 move that the following bill be discharged from
20 its respective committee and be recommitted with
21 instructions to strike the enacting clause:
22 Senate Print 4197.
23 ACTING PRESIDENT GRIFFO: So
24 ordered.
25 SENATOR LIBOUS: Thank you,
2266
1 Mr. President.
2 On behalf of Senator Bonacic, on
3 page 23 I offer the following amendments to
4 Calendar Number 491, Senate Print 6233, and ask
5 that said bill retain its place on the Third
6 Reading Calendar.
7 ACTING PRESIDENT GRIFFO: The
8 amendments are received, and the bill shall
9 retain its place on third reading.
10 Senator Libous.
11 SENATOR LIBOUS: Mr. President, at
12 this time may we please adopt the Resolution
13 Calendar, with the exception of Resolution
14 Number 4191.
15 ACTING PRESIDENT GRIFFO: At this
16 time we will take up the Resolution Calendar,
17 with the exception of Resolution Number 4191.
18 All in favor signify by saying aye.
19 (Response of "Aye.")
20 ACTING PRESIDENT GRIFFO: Opposed,
21 nay.
22 (No response.)
23 ACTING PRESIDENT GRIFFO: The
24 Resolution Calendar is adopted.
25 Senator Libous.
2267
1 SENATOR LIBOUS: Mr. President, I
2 believe there's a resolution at the desk by
3 Senator Larkin, Number 4191. I ask that it be
4 read in its entirety and then that you call on
5 Senator Larkin. Thank you.
6 ACTING PRESIDENT GRIFFO: We will
7 now read Resolution 4191. The Secretary will
8 read.
9 THE SECRETARY: Legislative
10 Resolution Number 4191, by Senator Larkin,
11 memorializing Governor Andrew M. Cuomo to
12 proclaim April 26, 2012, as West Point Day in
13 New York State.
14 "WHEREAS, This Legislative Body is
15 justly proud to celebrate the establishment of
16 the United States Military Academy at West Point
17 and to call upon Governor Andrew M. Cuomo to
18 proclaim April 26, 2012, as West Point Day in the
19 State of New York; and
20 "WHEREAS, By an act of Congress, on
21 March 16, 1802, the United States Military
22 Academy was established within the borders of
23 New York State, on the banks of the Hudson River;
24 and
25 "WHEREAS, The Academy and its
2268
1 graduates are an integral part of the proud
2 history of this state and nation; and
3 "WHEREAS, The leadership and
4 sacrifices of the members of the Long Gray Line
5 have helped this country withstand countless
6 threats to our cherished democratic way of life;
7 and
8 "WHEREAS, The alumni have excelled
9 not only on the battlefield but in many fields of
10 endeavor; and
11 "WHEREAS, The Academy continues to
12 provide our country with dedicated and future
13 leaders; and
14 "WHEREAS, Its scenic campus is a
15 mecca each year for thousands of visitors from
16 across our state, continent, and other countries;
17 and
18 "WHEREAS, The United States
19 Military Academy is in the forefront of our
20 state's outstanding institutions of higher
21 learning; and
22 "WHEREAS, Sixty years ago, the late
23 James T. McNamara, then a member of the New York
24 State Assembly, and a member of the Academy's
25 Class of 1939, was the author of the State
2269
1 Legislature's first West Point Day resolution;
2 and
3 "WHEREAS, For decades, our nation
4 has enjoyed the legacy of freedom, and the United
5 States Military Academy at West Point has played
6 a vitally significant role in the maintenance of
7 peace and freedom; and
8 "WHEREAS, The members of this
9 Legislative Body are proud to commemorate this
10 event marking April 26, 2012, as West Point Day
11 in New York State; now, therefore, be it
12 "RESOLVED, That this Legislative
13 Body pause in its deliberations to celebrate the
14 establishment of the United States Military
15 Academy at West Point and to memorialize Governor
16 Andrew M. Cuomo to proclaim April 26, 2012, as
17 West Point Day in New York State; and be it
18 further
19 "RESOLVED, That a copy of this
20 resolution, suitably engrossed, be transmitted to
21 the Honorable Andrew M. Cuomo, Governor of the
22 State of New York."
23 ACTING PRESIDENT GRIFFO: Senator
24 Larkin.
25 SENATOR LARKIN: Thank you,
2270
1 Mr. President.
2 It's really an honor and a
3 privilege to welcome the Corps of Cadets, led by
4 their distinguished academic dean, General
5 Trainor. General Trainor has a special guest
6 with him today, his young daughter, who's a cow.
7 We'll tell them later what that means.
8 I want to also thank the parents
9 that are here, Mr. and Mrs. Amoroso. We've had
10 you here before, Joe. But that wonderful wife
11 that brought these young kids. Joseph, it's good
12 to see you.
13 We're talking here to the best and
14 the brightest America has, who volunteered "I
15 want to serve my country." And they selected the
16 United States Military Academy, a challenge. Ask
17 the plebes about the first week there. They
18 didn't go like other kids go into college, let's
19 go out and drink beer tonight, because they had
20 special things to do.
21 It wasn't an easy grab. It was a
22 tremendous challenge from day one till they come
23 to graduation next month. The challenges you
24 make, I -- besides you here today, I have a
25 special: Two grads, four-star generals are in my
2271
1 Senate district. I don't think anybody's ever
2 seen that before. General Dempsey, General
3 Petraeus, they've never forgot about the Gray
4 Line. They come back frequently to talk about
5 the Academy, what the Academy means.
6 The Academy isn't just wearing a
7 jacket and a hat and learn how to salute 365 days
8 a year. But it's building something that you can
9 prove to the rest of world that we are the Long
10 Gray Line, we are part of the foundation of this
11 great nation of ours, and we'll never be
12 shortchanged.
13 In 23 years I never met a member of
14 the Long Gray Line that I was ashamed to serve
15 with, have my peers or my subordinates. Because
16 they always kept in mind those three words:
17 Duty, honor, and country.
18 Tremendous. A challenge for any
19 young man or woman that want to decide what
20 they're going to do with their future life. The
21 Long Gray Line.
22 I'd like to introduce you to some
23 of them that are here today, led by our
24 distinguished guest, the academic dean, General
25 Trainor.
2272
1 We've already heard from our
2 chaplain, Mike Durham. Our Sergeant Major David
3 Brzywczy, from public affairs. And a special
4 guest, Sergeant Robert Frame, from Jack Martins'
5 district. But his also claim to fame, for some
6 of us old-timers, his grandfather-in-law was
7 Senator Joe Pisani. A lot of people know him.
8 Our first captain, Captain Charles
9 Phelps, from Woodinville, State of Washington.
10 Cadet Hanna Smith, the brigade
11 executive officer, from Springfield, Virginia.
12 She is a presidential nominee.
13 Cadet Robert Jacobs, deputy brigade
14 commander, from Houston, Texas.
15 Cadet Eric Fan, from Queens.
16 Cadet Lee Wakeman, from the hamlet
17 of Wallkill.
18 Cadet Daniel Prial, from Warwick,
19 Orange County.
20 Cadet Brian Peguillan, from
21 Glen Cove.
22 Cadet Mark Owens, from Pearl River.
23 Cadet Joseph Amoroso, from the
24 great town of Marlboro.
25 Cadet Cory Trainor, daughter of our
2273
1 distinguished guest, West Point, New York. And
2 you know, when you think about that family, we
3 cannot forget the mother, Colonel.
4 Cadet Patrick Harris, from my town
5 of Cornwall, New York.
6 But we have some West Point Society
7 members who have been here with us every year.
8 Barry Hartman, retired brigadier
9 general, Class of '64.
10 Mike Breslin, who you've already
11 heard a few words from, class of '61, former
12 county exec. Where's Mike? There he is.
13 Larry Zaenker, Class of '84.
14 Dina. This lady comes every year
15 since the first year she was with the Parents
16 Club.
17 And then Mr. and Mrs. Amoroso, who
18 have given this Academy two great sons. Thank
19 you.
20 Ladies and gentlemen, this is the
21 future of America, these cadets. They've known
22 heartaches. Some of them have already been in
23 combat. Some of their colleagues back at the
24 Academy that aren't here today have also been in
25 combat. They know what the struggles are of this
2274
1 great country, and we as a legislative body owe a
2 deep gratitude to these fine, distinguished men.
3 Mr. President, please give them a
4 warm welcome and introduce our Majority Leader.
5 ACTING PRESIDENT GRIFFO: Senator
6 Larkin, I want to thank you.
7 And I want to also thank you for
8 allowing me to have the opportunity to introduce
9 the cadet from my district, from the town of
10 Camden in Oneida County, Cadet Kyle Forward.
11 Cadet Forward, thank you also.
12 I now call on Senate Majority
13 Leader Dean Skelos.
14 SENATOR SKELOS: Thank you very
15 much, Mr. President.
16 And I'd like to welcome Brigadier
17 General Trainor here, Academy Chaplain Mike
18 Durham, and Sergeant Major David Brzywczy, and of
19 course all the cadets that have joined us. We
20 welcome you.
21 I also want to thank Colonel
22 Senator -- and he prefers the title Colonel
23 Senator rather than Senator Colonel -- Bill
24 Larkin for his leadership in certainly putting
25 this great day together for all of us for so many
2275
1 years.
2 In Bill Larkin you see an American
3 hero. Served our country for so many years,
4 combat, and now is serving his country as he has
5 in the public service for so many years in such a
6 positive way. His whole life has been about the
7 military but also about public service. And
8 that's something that every single one of us in
9 this chamber is so proud of.
10 So, Colonel Senator Larkin, we
11 thank you and we pay tribute to you for all
12 you've done for our country and this chamber.
13 Senator, thank you.
14 (Sustained applause.)
15 SENATOR SKELOS: In this chamber
16 we talk a lot about freedom and democracy. In
17 our schools, young people are taught about how
18 Americans fought for those values during the
19 Revolutionary War and wrote them down in the
20 Declaration of Independence, because they are the
21 values we hold most dear.
22 With your presence here today, you
23 not only help us celebrate the fact that New York
24 is home of the U.S. Military Academy, you put a
25 face on freedom. Throughout our history so many
2276
1 people have fought to protect our freedoms, our
2 democracy, and our way of life. You are the best
3 and the brightest leaders our nation has, and
4 everyone here thanks you for your leadership,
5 dedication, and commitment to preserving those
6 freedoms we cherish so much.
7 So on behalf of all the Senators,
8 we welcome you to our chamber and we wish you
9 good health and thank you for the service that
10 you will be providing -- you are now, but also
11 providing to our country in years to come.
12 God bless you all.
13 (Extended standing ovation.)
14 ACTING PRESIDENT GRIFFO: Senator
15 Breslin.
16 SENATOR BRESLIN: Thank you,
17 Mr. President.
18 I share the remarks of Senator
19 Larkin, and I again commend Senator Larkin for
20 all he does and all he has done. And as Senator
21 Skelos said, he has spent his entire life serving
22 the people.
23 But it gives us, on this day, just
24 a chance to reflect. In this chamber we have
25 Democrats and Republicans, and we argue every
2277
1 day, we debate bills and legislation that affect
2 the constituents of the State of New York. And
3 that's being done in the entire 50 states. But
4 we frequently don't think about why we're given
5 the opportunity to do that and how many countries
6 don't have that opportunity. And that they don't
7 have the ability to argue back and forth. And
8 that's called a democracy.
9 And we are not able to do it unless
10 we have you and the people who have gone before
11 you and have sacrificed their lives to give us
12 freedom and to give us democracy and to allow us
13 to participate in a way that no other country in
14 this world can do.
15 So, General Trainor, the cadets,
16 this day also gives me an opportunity to mention
17 my older brother, the retired county executive of
18 Albany, who many years ago was fortunate enough
19 to get an appointment to go to West Point. And
20 then went on from West Point to jump school,
21 ranger school, jungle warfare school, air
22 transportation school, jump master school, and
23 became a company commander in Vietnam with the
24 82nd Airborne. And went on after that to become
25 a 27-year-old major and come back and teach
2278
1 counterinsurgency.
2 But he taught me and he taught my
3 younger brother and my younger sisters a value
4 system: That duty, honor, country is important.
5 And it is something that you act out not during
6 your four years at West Point, but you act out
7 through your entire life.
8 And you carry something beyond what
9 any of us carry, that you will carry that
10 integrity with you for your entire lives. And
11 that's why it's no coincidence that the Pershings
12 and the Eisenhowers and the MacArthurs came from
13 West Point, because they became the leaders of
14 this country. And you will become the leaders of
15 this country, whether you stay in the service or
16 not.
17 So it's a humble day for all of us,
18 but it's a day that we feel good about being in
19 the Senate. And it's a day that we don't argue
20 with each other. And it's a day that you set a
21 tremendous example for all of us.
22 Congratulations.
23 ACTING PRESIDENT GRIFFO: Thank
24 you, Senator Breslin.
25 Senator DeFrancisco.
2279
1 SENATOR DeFRANCISCO: Yes, I stand
2 here to thank all of you.
3 When you're in public service,
4 especially in the Senate, you get a lot of people
5 coming through these chambers, coming through
6 your office, most of which are looking for
7 something for themselves. Or most of which are
8 looking for something that will benefit them,
9 their business, their family, whatever it may
10 be. And they come to us seeking some type of
11 legislation, or maybe to intercede on their
12 behalf.
13 So that whatever their particular
14 issue is for them, it is taken care of to the
15 best of our ability. And we do that, and we
16 enjoy doing that.
17 But what's different about today is
18 that you're asking for nothing. In fact, you are
19 giving everything to our country and everything
20 to us so that we can continue in this democracy
21 to do what we're doing in these chambers.
22 So I'm rising, as an Air Force
23 veteran who probably couldn't have gotten into
24 West Point, to thank you. Thank you for what you
25 do and what you're going to be doing in the
2280
1 future for us.
2 It's truly an honor to be in the
3 same room with you, and it's truly gratifying
4 that Senator Larkin, for my 20 years here, has
5 given me the opportunity to thank the West Point
6 people for what they do for our country.
7 So thank you from the bottom of my
8 heart.
9 ACTING PRESIDENT GRIFFO: Senator
10 Ball.
11 SENATOR BALL: I want to -- it's
12 great to have the dean here. As a former cadet
13 at the Air Force Academy, I'm always a little
14 scared when the commandant is here.
15 Most of the time I was on the
16 dean's good list. I think there was a semester I
17 spent on the dean's other list, that's not such a
18 good list -- but it was only one semester.
19 Electrical engineering. Or, no, it was
20 aeronautical engineering. Imagine that,
21 Air Force Academy and bad-graded in aeronautical
22 engineering. But anyways, had top grades in
23 poli sci.
24 You know, there's nothing more
25 cherished -- you know a father's love and you
2281
1 know a mother's love, and there is nothing more
2 cherished than that very special connection. And
3 what we have here before us are leaders who are
4 going to be given the extreme honor, the greatest
5 honor of leading men and women who are the sons
6 and daughters from places like Iowa and New York
7 and Long Island and Texas. And you're in charge
8 of them and their safety. And there's no more
9 special camaraderie, no more special honor that
10 can be bestowed on each and every one of you.
11 And when we think about West Point
12 or any of the service academies, I think it's
13 fundamentally important to remember that these
14 service academies, and specifically West Point,
15 represent the greatness of America, the greatness
16 of American upward mobility.
17 The fact when you walk through that
18 door and you're getting yelled at and fingers are
19 being pointed and you're going through your own
20 personal version of that summer in beast or in
21 plebe summer of hell, that when your hair falls
22 off and you have your head shaved and you wear
23 the same uniform and you're told to act the same
24 way, it doesn't matter whether you're Catholic or
25 whether you're Protestant, it doesn't matter
2282
1 whether you're rich or poor.
2 In fact, when you look at each
3 other, you look so similar it's amazing. You
4 lose your identity. And from that moment
5 forward, you're judged upon one thing: Your
6 character and your ability.
7 And West Point is a testament of
8 the greatness of America, that you will be judged
9 upon the content of your character and the weight
10 of your convictions.
11 And as a guy who just got back from
12 his 10-year reunion, I just want to tell each and
13 every one of you, my heart goes out to you. I
14 hope that we can keep in touch. I ask that once
15 you graduate, that you stay safe. Make sure that
16 you graduate, and enjoy every single moment of
17 the next year or two years for those of you that
18 are seniors and juniors.
19 My upper classman -- for those of
20 you who are looking for somebody to blame on
21 Greg Ball, Charlie Miles is here. He was my
22 upper classman. And everything that's bad, I
23 blame on him. Here he is. We went through
24 recognition training. He's the one that beat my
25 butt during that recognition training. And I can
2283
1 tell you that this is my best friend to this very
2 day.
3 And the relationships that you make
4 now will be the friendships that will endure with
5 you for the rest of your life.
6 And if we had more men and women
7 from places like West Point and the other service
8 academies in boardrooms and in places like this
9 and all the places where important decisions are
10 made, this country would always continue to be
11 the greatest country that this world has ever
12 known.
13 So whether it be in that uniform or
14 your future uniform as a commissioned officer,
15 whether it be in a suit and tie -- if you live in
16 my district, I ask that you don't run right
17 away -- but we need your leadership.
18 We salute you. And God bless each
19 and every one of you.
20 ACTING PRESIDENT GRIFFO: Senator
21 Addabbo.
22 SENATOR ADDABBO: Thank you,
23 Mr. President.
24 Let me first thank Senator Larkin
25 for his efforts on West Point Day and of course
2284
1 for his service to our country and our state.
2 Two hundred ten years ago last
3 month, a Long Gray Line formed at the newly
4 founded West Point Academy. And today that Long
5 Gray Line travels all the way here to our Senate
6 chambers. And today we see both the history and
7 the future of our armed forces.
8 And it's such an honor to have the
9 cadets here, and I thank you for the choice you
10 have chosen to be at West Point, and to all our
11 veterans here today.
12 Virtually since its inception, the
13 West Point education has been described in this
14 way, and I quote: "Much of the history we teach
15 was made by people we taught." This continues to
16 hold true. And I am confident maybe some of
17 these cadets will create a new chapter in our
18 American history.
19 These young men and women have
20 pledged to uphold the duties of duty, honor, and
21 country, and follow the footsteps of many named
22 famous West Point graduates: MacArthur,
23 Eisenhower, Aldrin, Sherman, Patton, Grant,
24 Schwarzkopf, Petraeus, and others too many to
25 mention.
2285
1 But I will mention one more, and
2 that's retired United States Army Brigadier
3 General Luciano Salamone, Class of 1956, who's
4 here with us today, affectionately known in my
5 family as Uncle Leo. He is my uncle. And as a
6 family, we are so proud of Uncle Leo and the
7 history he has served in our country.
8 And so to Uncle Leo, to all the
9 cadets, the chaplain, the dean, to all veterans
10 here, thank you. Thank you for your service.
11 (Applause.)
12 ACTING PRESIDENT GRIFFO: Senator
13 Nozzolio.
14 SENATOR NOZZOLIO: Thank you,
15 Mr. President.
16 To my colleagues, to Uncle Leo, to
17 all the cadets who are here today, it is my honor
18 to be standing among you.
19 Senator Larkin, thank you very much
20 for, again, your leadership, dedication and
21 focus. And the recognition that West Point is
22 indeed a national treasure that we enjoy to host
23 in New York State.
24 I wish, Mr. President, just to
25 share with you a personal memoir that afflicts me
2286
1 every so many months. It's a nightmare that I
2 have where, as a student at Cornell a number of
3 years ago, I had the -- the -- I'd say privilege
4 to compete with West Point on a playing field in
5 the spring football league, Eastern United
6 States.
7 That nightmare occurs because
8 Cornell was ahead of Army for the entire game but
9 for the last 30 seconds, when their quarterback
10 threw a long pass and beat Cornell by just a
11 point or two. I have a nightmare because I
12 tackled the quarterback just two seconds late,
13 after he delivered that pass. Forever we lost
14 the game, forever we lost the title to Army that
15 year.
16 But I reflect on that game because
17 there have been many games, many contests since
18 then where West Point has stood tall against many
19 adversaries -- and once in a while those
20 adversaries may take them, like Cornell beats you
21 every so often.
22 But the fact of the matter is after
23 I left that playing field and after my colleagues
24 from West Point left that playing field, many of
25 those colleagues who graduated in a few short
2287
1 months after the game were placed in harm's way,
2 were defending the interests of the United States
3 abroad just a few months after fighting for their
4 school on the playing fields.
5 That is something we should always
6 remember, that these cadets are dedicating
7 themselves to defending the interests of the
8 United States of America. And they as young men
9 and young women are going to be called on to --
10 as they prepare themselves and have prepared
11 themselves better than any fighting soldier could
12 be prepared, we in fact must always recognize
13 that you have dedicated your life to put your
14 life in harm's way to defend the interests of
15 this great country. For that we will be forever
16 grateful.
17 Thank you, Mr. President. And
18 thank you, cadets, those of you who are here and
19 those of who are representative of the entire
20 corps. Thank you for your service.
21 Thank you, Mr. President.
22 ACTING PRESIDENT GRIFFO: Thank
23 you, Senator Nozzolio.
24 Senator Marcellino.
25 SENATOR MARCELLINO: Thank you,
2288
1 Mr. President.
2 One of the cadets is from the city
3 that I represent, Glen Cove. I always refer to
4 it as the small but powerful city of Glen Cove on
5 the North Shore of Long Island. For those of you
6 from Manhattan, this is the other island I'm
7 talking about.
8 Brian, you do credit to your city
9 and you do credit to your nation. I hope that I
10 can do credit to your last name by not screwing
11 it up too badly.
12 But, Brian Peguillan, I met your
13 father just the other day at the Little League
14 opening in Glen Cove. He came over to me and
15 said, "Say hello to my son. He's going to be
16 there up in the Senate, and please say hello to
17 him."
18 I could tell -- we'd never met
19 before, but I could tell with just a few moments
20 that this man was very, very proud of you and of
21 your achievements.
22 And I can tell by the fact that
23 you're in amongst a very bright group of young
24 men and women that you're going to do honor to
25 your family and honor to this country. Please
2289
1 keep it up, and I look forward to talking to you
2 a little bit later after our process is over
3 here.
4 And stay safe. All of you, stay
5 safe. God bless each and every one of you.
6 ACTING PRESIDENT GRIFFO: Senator
7 Little.
8 SENATOR LITTLE: Thank you,
9 Mr. President.
10 Certainly let me begin by thanking
11 Senator Larkin for all he does to bring
12 West Point here, because we as New Yorkers are
13 very proud to host West Point in our state.
14 And secondly, as the mother of a
15 Naval Academy graduate, you'll forgive me if I
16 acknowledge that I say "Go Navy" almost every
17 morning.
18 But, you know, I want to thank you
19 for selecting a military career. It's a long
20 road. The application process and the selection
21 is very, very difficult. And really and truly,
22 only the finest are selected to attend or
23 military academies. And you are the finest.
24 It's a difficult academic career.
25 It's a difficult athletic career. It's difficult
2290
1 because it's a year-round career. And going home
2 and hearing about your peers, your college
3 friends and all the fun they're having, and the
4 freedom and the flexibility, that it doesn't
5 bother you. Even though it bothers you, you know
6 what you're doing is really worthwhile.
7 You're going to have a wonderful
8 education after your service to the military, or
9 if you can continue your career in the military,
10 as my son has done.
11 God bless you and thank you, thank
12 you, thank you for your commitment to the
13 military. I don't know where our country would
14 be without the young men and women who volunteer
15 to serve in our academies and to be the leaders
16 of our military groups.
17 Thank you.
18 ACTING PRESIDENT GRIFFO: Senator
19 Stavisky.
20 SENATOR STAVISKY: Thank you,
21 Mr. President.
22 First let me thank Colonel Larkin
23 for not just bringing the cadets to the Senate
24 chamber, but for his long and passionate concern
25 for the servicemen and women. This is something
2291
1 that is apparent every year, and it reminds us,
2 it's a reminder to remember our past and at the
3 same time look forward to our future.
4 And to the cadets and their
5 families, you represent 210 years of tradition,
6 of history. Imagine -- how many institutions can
7 we think of that go back 210 years. If those
8 famous walls at West Point could talk, what
9 stories they would have. Some probably should
10 stay in the history books, some should not.
11 But you represent the future, not
12 just the past. You serve the United States, you
13 serve our country abroad and at home, in peace
14 and in war. And for that, you honor us today
15 with your presence.
16 I am so proud to have a cadet here
17 from my district, from Bayside, Cadet Eric Fan.
18 I met him earlier. And Eric is just a delightful
19 young man, but also the future. You walk around
20 my district, and you see the future.
21 And we need more people like Cadet
22 Fan, who's involved in so many activities. He's
23 graduating next year, but he's involved in
24 company athletic events, he is a Chinese major
25 with a civil engineering track, he plays
2292
1 basketball, and, if I'm not telling tales out of
2 school, is learning to play the ukulele. So
3 let's hope that -- there's got to be a base in
4 Hawaii that's in need of a cadet.
5 But no matter what happens, no
6 matter where you serve -- and I speak, quite
7 frankly, as a mother -- please come home safely,
8 because you are our future and we respect you and
9 we thank you so much for honoring us today with
10 your presence.
11 Thank you.
12 ACTING PRESIDENT GRIFFO: Senator
13 Martins.
14 SENATOR MARTINS: Thank you,
15 Mr. President.
16 I want to thank Colonel Larkin for
17 again bringing West Point to this great chamber.
18 But, Mr. President, I want in
19 particular to recognize a truism. I do have a
20 member here of my community. Sergeant Frame was
21 raised in Albertson, went to Mineola High School,
22 but represents something larger than himself.
23 His parents are actively involved
24 in the community. His father is involved as a
25 firefighter in Albertson and gives back to the
2293
1 community. And we find oftentimes that those who
2 serve serve on so many different levels. We've
3 already heard about how his grandfather-in-law
4 was a member of this chamber years ago.
5 But it is that multigenerational
6 commitment to others, it is that
7 multigenerational commitment to serving others
8 that is the backbone of our communities, is the
9 backbone of our country. And nothing
10 reflects that as much as the great institution of
11 West Point.
12 So it is an honor to not only
13 recognize West Point but in particular to
14 recognize Robert Frame, Sergeant Frame, here
15 today, and his family and so many other families
16 out there across this country that give to our
17 communities each and every day.
18 So, Mr. President, thank you very
19 much for the opportunity.
20 ACTING PRESIDENT GRIFFO: Senator
21 Fuschillo.
22 SENATOR FUSCHILLO: Thank you very
23 much, Mr. President.
24 I too want to join my colleagues in
25 thanking you, Colonel Larkin, for your
2294
1 leadership. You make us remember what we should
2 never forget.
3 I recently met a young man in my
4 district, in my hometown, named -- he's a Marine,
5 Corporal Kevin Vaughan, who was injured by a
6 roadside bomb on his second tour in Afghanistan,
7 a young man in his early twenties. He was
8 wounded, he lost his leg and spent many, many
9 months in Walter Reed Hospital, where
10 President Obama personally gave him a Purple
11 Heart.
12 And I stood on his front lawn with
13 1500 other people down his street. We gave him a
14 hero's welcome, which everybody should get when
15 they return from combat. And as he came in the
16 driveway -- he thought his father was just
17 picking him up at JFK Airport and bringing him
18 home to his family. He never expected over a
19 thousand people to be standing in the street with
20 signs, and kids were in trees, and people were
21 barbecuing and feeding everybody out there. It
22 was a wonderful time.
23 But he came in his driveway -- I
24 was standing right there -- with tears in his
25 eyes. I had the opportunity to speak to him
2295
1 later, and he said, "You know, I really didn't
2 know if anybody cared."
3 And I thought about what kind of
4 kid, 22, 23 years old, dedicates his or her life
5 to this. And it's a greatness that you have.
6 It's a love and respect and understanding of what
7 freedom truly means in this country.
8 And Senator Breslin talked about it
9 a little bit -- by the way, you emphasized that
10 your brother is older than you. I do want to
11 mention that also. But you touched upon it a
12 little bit, that many men and women who have
13 graduated long before you have given us something
14 that you're going to give us, to allow us to wake
15 up in a blanket of freedom every single day in
16 our lives. I thank you for that.
17 And God bless you all of you.
18 Thank you very much, Mr. President.
19 ACTING PRESIDENT GRIFFO: Senator
20 Zeldin.
21 SENATOR ZELDIN: First, I too want
22 to echo the sentiments of my colleagues in
23 thanking Colonel Larkin for -- not just today but
24 every day -- your patriotism, your devotion to
25 our country and to this state and to these cadets
2296
1 which you very proudly represent.
2 I also wanted to correct Senator
3 Little and not let her get the last word. I
4 heard her say "Go Navy." I think she meant to
5 say "Sink Navy." So I just wanted to clear that
6 up for the cadets who are here in the chamber.
7 And for the Air Force brethren that
8 are here that spoke before me, it really is an
9 honor that we have the opportunity here in
10 New York State to represent the greatest service
11 academy that's out there. That is the United
12 States Military Academy, our Army, which we are
13 so very proud of.
14 As far as future leaders go, the
15 United States Military Academy and all of our
16 service academies represent the best of the best
17 of the best. A lot of people in our districts
18 understand what you're going through, what it's
19 like to earn a commission and to deploy
20 overseas. Many others don't. And for a lot of
21 the people that do, they often forget.
22 In the comfort, it's now getting
23 warmer, you might be able to go out on a boat, go
24 fishing, enjoy families -- well, there are a lot
25 of families out there that are without their
2297
1 loved ones in harms' way. Sometimes they're gone
2 on third or fourth or fifth deployments. They
3 might have two little kids at home which they
4 have missed Christmases and birthdays.
5 We can never forget their
6 sacrifice. But in this sacrifice and everything
7 that you go through to earn your commission, at
8 the same time you're becoming better leaders. So
9 that after you leave one day, after you leave
10 military service and move on to civilian life,
11 you can impact your communities.
12 You're not just becoming physically
13 fit, you're becoming tough. You learn how to
14 develop and build. You become tactically smart
15 and technically smart. You know how to assert
16 yourself. You learn from great leaders and poor
17 leaders. You'll see a little bit of everything.
18 One of the first pieces of advice
19 that I got on becoming a second lieutenant in the
20 Army, advice of how to deal with junior enlisted,
21 one officer said: "Drive a nice car, chew
22 tobacco, and smoke them on their PT tests."
23 There's all sorts of advice that
24 you get that, you know, some good, some bad.
25 General Petraeus says: "Work hard, play hard,
2298
1 take care of your people, and love the one you're
2 with." It applies to life in the military but
3 also applies for us here in this chamber.
4 There are Republicans and Democrats
5 in this chamber, in the Senate and the Assembly.
6 We don't agree on everything. But in order to
7 actually move our state forward, it's important
8 to remember the principle of love the one you're
9 with. Because here we are in the chamber, we
10 have a responsibility to the constituents that we
11 represent.
12 And I close on this. Our freedoms
13 and liberties are threatened at the hands of
14 enemies that live in far-off places. This is a
15 democracy. There's nothing better that we can do
16 to send a message to our enemy than to vote.
17 Whether it's a primary election or
18 a general election, whether it's going to vote
19 for your library or your school board, there's
20 nothing more American that we can do than to
21 vote. And those freedoms, our Constitution,
22 which you are getting ready to protect and
23 defend, we are so very grateful to you.
24 And for anyone that's home that's
25 watching on TV or on the Internet, this is a
2299
1 chamber that is extremely proud of the sacrifices
2 that you're willing to make, and we'll do
3 absolutely anything that we possibly can to say
4 thank you for your service.
5 ACTING PRESIDENT GRIFFO: Thank
6 you, Senator Zeldin.
7 The question is on the resolution.
8 All in favor signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT GRIFFO:
11 Opposed?
12 (No response.)
13 ACTING PRESIDENT GRIFFO: The
14 resolution is adopted.
15 Senator Libous.
16 SENATOR LIBOUS: Mr. President, I
17 believe Senator Larkin would like to open the
18 resolution up to all members. And if anyone for
19 whatever reason wishes not to be on the
20 resolution, please let the desk know.
21 ACTING PRESIDENT GRIFFO: The
22 resolution is open for cosponsorship. If you
23 choose not to, please notify the desk.
24 Senator Libous.
25 SENATOR LIBOUS: Mr. President, at
2300
1 this time I would like to ask for unanimous
2 consent of the chamber to allow Brigadier General
3 Trainor to address the body this morning.
4 ACTING PRESIDENT GRIFFO: Without
5 objection, consent is granted.
6 It is with great honor that I now
7 present Brigadier General Timothy Trainor, dean
8 of academics at the United States Military
9 Academy at West Point.
10 General?
11 BRIGADIER GENERAL TRAINOR: Thank
12 you, Mr. President. And good morning, everyone.
13 I just want to say thank you. I
14 want to say thank you on behalf of Lieutenant
15 General David Huntoon, Jr., our superintendent,
16 and everybody at the United States Military
17 Academy.
18 Thanks not just for your warm
19 welcome and for today's recognition, but for your
20 unwavering support, day in and day out, as we
21 accomplish our goal of preparing future officers
22 for our Army.
23 The great State of New York is a
24 wonderful partner, and its help is invaluable as
25 West Point continues to develop the best and
2301
1 brightest as professionals and officers in
2 service to our nation.
3 We will also be forever grateful
4 for allowing us the opportunity to prepare your
5 sons and daughters, and those of your
6 constituents, in helping them become our future
7 leaders of tomorrow.
8 West Point is what it is in great
9 part due to your commitment and your support.
10 Thank you very much.
11 (Extended standing ovation.)
12 ACTING PRESIDENT GRIFFO: On
13 behalf of Leader Skelos and the entire membership
14 of the State Senate, we welcome you, we thank you
15 for your commitment to our country, and we ask
16 God to bless you and to keep you safe.
17 Senator Libous.
18 SENATOR LIBOUS: Mr. President, we
19 will continue with the session.
20 I believe at this time Senator
21 Larkin is going to lead the cadets to the
22 Assembly chamber.
23 If we could at this time go back to
24 motions and resolutions.
25 ACTING PRESIDENT GRIFFO: We will
2302
1 return to motions and resolutions.
2 Senator Libous.
3 SENATOR LIBOUS: On behalf of
4 Senator Lanza, Mr. President, on page 15 I offer
5 the following amendments to Calendar Number 333,
6 Senate Print 3549A, and ask that said bill retain
7 its place on the Third Reading Calendar.
8 ACTING PRESIDENT GRIFFO: The
9 amendments are received, and the bill shall
10 retain its place on third reading.
11 Senator Libous.
12 SENATOR LIBOUS: Mr. President, I
13 believe there's a resolution at the desk by
14 Senator DeFrancisco, Number 3953. It was
15 previously adopted by the house on April 19th.
16 Could we please have the title read and then call
17 on Senator DeFrancisco.
18 ACTING PRESIDENT GRIFFO: The
19 Secretary will read.
20 THE SECRETARY: Legislative
21 Resolution Number 3953, by Senator DeFrancisco,
22 congratulating the Bishop Ludden Boys Basketball
23 Team and Coach Pat Donnelly upon the occasion of
24 winning the New York State Class B Boys
25 Basketball Championship.
2303
1 ACTING PRESIDENT GRIFFO: Senator
2 DeFrancisco.
3 SENATOR DeFRANCISCO: Thank you,
4 Mr. President.
5 We're joined by the Bishop Ludden
6 Boys Basketball Team.
7 And just to put in this context,
8 you're here on a very, very special day. The
9 young men that are just leaving the chambers
10 presently are cadets from West Point. We have a
11 West Point Day every year to honor them and to
12 honor that institution. Some of the young
13 people, probably a majority of the young people
14 who just left, when they graduate will probably
15 be in harm's way within a year, defending our
16 country and making it possible for all of you to
17 participate in your activities and to have a
18 country that we can debate issues and resolve
19 issues in a democratic way.
20 But this young group of boys from
21 Bishop Ludden won the New York State Class B Boys
22 Championship. I guess they won it about 1994,
23 one other time -- which is remarkable for one
24 school to have won it so close together in time.
25 Of course, they're from Central
2304
1 New York, in the Syracuse area, where we produce,
2 constantly produce winners in every sport and
3 every walk of life.
4 And they won this year, they won
5 the championship against a team in Watervliet.
6 Who represents Watervliet? Senator Breslin.
7 Senator Breslin represents
8 Watervliet, and he's in state of depression at
9 this moment. Because it was a game, I guess it
10 was by one point -- the winning game was one
11 point. That really hurts. You know how to hurt
12 a guy.
13 But in all honesty, I think what we
14 really want to recognize you for is the fact that
15 you worked as team, you were committed to a goal,
16 you achieved that goal.
17 And the people that you're sitting
18 next to right now are going to be your lifelong
19 friends.
20 And if you take the principles that
21 you've learned from your coach and use those
22 principles in everyday life, you're going to be
23 successful in whatever you do.
24 So congratulations. And hopefully
25 you can continue your success in your next step
2305
1 of your life and continuously through the balance
2 of your life. So thank you for coming, and
3 congratulations.
4 ACTING PRESIDENT GRIFFO: Senator
5 Little.
6 SENATOR LITTLE: Thank you,
7 Mr. President.
8 I would just like to join Senator
9 DeFrancisco in congratulating you on your success
10 in Glens Falls, New York, which I represent, and
11 where we have the New York State High School
12 Basketball Tournaments.
13 Each year I get to go to the games
14 and watch some fantastic play. And I know that
15 this year many, many of the games were very, very
16 competitive and very close.
17 But congratulations, and I wish you
18 much success in the future.
19 ACTING PRESIDENT GRIFFO: On
20 behalf of the Senate and Senator DeFrancisco, we
21 welcome you to the chamber and we extend our
22 congratulations on winning the Class B State
23 Championship in basketball, to the Bishop Ludden
24 Boys Basketball Team.
25 (Applause.)
2306
1 ACTING PRESIDENT GRIFFO: Thank
2 you.
3 Senator Libous.
4 SENATOR LIBOUS: Thank you,
5 Mr. President.
6 At this time could we have the
7 reading of the noncontroversial calendar.
8 ACTING PRESIDENT GRIFFO: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 82, by Senator Zeldin, Senate Print 4262, an act
12 to amend the Civil Service Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 4. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 55.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 350, by Senator Ball, Senate Print 2421, an act
25 to amend the Military Law and the Election Law.
2307
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 53. Nays,
9 2. Senators Gianaris and Rivera recorded in the
10 negative.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 389, substituted earlier today by Member of the
15 Assembly Thiele, Assembly Print Number 2088,
16 Concurrent Resolution of the Senate and Assembly
17 proposing an amendment to Section 6 of Article 5
18 of the Constitution.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll on the resolution.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 55.
23 ACTING PRESIDENT GRIFFO: The
24 concurrent resolution is adopted.
25 THE SECRETARY: Calendar Number
2308
1 392, by Senator Larkin, Senate Print 3406,
2 Concurrent Resolution of the Senate and Assembly
3 proposing an amendment to Section 6 of Article 5
4 of the Constitution.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll on the resolution.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 55.
9 ACTING PRESIDENT GRIFFO: The
10 concurrent resolution is adopted.
11 Senator Libous, that completes the
12 noncontroversial reading of the calendar.
13 SENATOR LIBOUS: Mr. President, is
14 there any further business at the desk?
15 ACTING PRESIDENT GRIFFO: There is
16 no further business.
17 SENATOR LIBOUS: Thank you,
18 Mr. President.
19 There being no further business at
20 the desk, I move that we adjourn until Monday,
21 April 30th, at 3:00 p.m., intervening days being
22 legislative days.
23 ACTING PRESIDENT GRIFFO: On
24 motion, the Senate stands adjourned until Monday,
25 April 30th, at 3:00 p.m., intervening days being
2309
1 legislative days.
2 Senate adjourned.
3 (Whereupon, at 11:58 a.m., the
4 Senate adjourned.)
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