Regular Session - January 12, 2010
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1 NEW YORK STATE SENATE
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3
4 THE STENOGRAPHIC RECORD
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6
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9 ALBANY, NEW YORK
10 January 12, 2010
11 10:25 a.m.
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14 REGULAR SESSION
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19 SENATOR DAVID J. VALESKY, Acting President
20 ANGELO J. APONTE, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT VALESKY: The
3 Senate will please come to order.
4 I ask everyone present to please
5 rise and recite with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT VALESKY:
10 Today's invocation will be given by Father
11 Christopher Carrera, pastor of St. Peter's
12 Roman Catholic Church in Lowville.
13 FATHER CARRERA: Before the
14 invocation, I would like to thank Senators
15 Darrel Aubertine and Joseph Griffo for
16 cosponsoring me here today. It's a privilege
17 to lead this body in prayer and to have
18 bipartisan support in doing so.
19 "We, the people of the State of
20 New York, grateful to Almighty God for our
21 freedom, in order to secure its blessings do
22 establish this Constitution."
23 Let us pray.
24 Lord God, these words from the
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1 preamble to our state's constitution remind us
2 that our freedoms as citizens are a gift from
3 You to whom we owe our gratitude and
4 obedience.
5 These words are not mere
6 pleasantries written in a style now long
7 forgotten. Rather, they were chosen to
8 express a deeply held belief that You as our
9 Creator grant life and freedom and invite us
10 to use these according to Your law of love.
11 They also serve to remind us that when we
12 govern ourselves with respect for divine law,
13 we build a society of true justice and love.
14 These words, adopted by
15 constitutional convention in 1938 and approved
16 by a vote of the people, do not establish our
17 rights and freedoms; rather, they seek as our
18 solemn duty to protect and secure them.
19 As these dedicated men and women of
20 this honorable body gather here today, they
21 face serious challenges in the legislative
22 year ahead. We invoked Your guidance upon
23 them so that they may execute their sacred
24 trust to enact laws which protect the
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1 God-given rights of all the people of the
2 state, from the greatest to the most weak and
3 vulnerable.
4 In a society filled with so many
5 competing voices, may they have the grace to
6 discern Yours and the courage to make the
7 difficult decisions.
8 Lord God, let us be mindful of the
9 words of the psalmist: If the Lord does not
10 build the house, in vain do its builders
11 labor. If the Lord does not watch over the
12 city, in vain does the watchman keep vigil.
13 We ask You with Your almighty power
14 to bless this great state. Protect it from
15 Montauk Point to Manhattan Island, from
16 Buffalo to Plattsburgh, and here in our
17 state's capital. Bless our citizens with
18 health and prosperity, and the members of this
19 Senate with the wisdom and the courage needed
20 to legislate in these difficult times.
21 And we ask this in Your holy name.
22 Amen.
23 ACTING PRESIDENT VALESKY: Thank
24 you, Father.
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1 Thank you also to Senator Aubertine
2 and Senator Griffo for sponsoring Father's
3 presence with us today.
4 The reading of the Journal.
5 The Secretary will read.
6 THE SECRETARY: In Senate,
7 Monday, January 11, the Senate met pursuant to
8 adjournment. The Journal of Sunday,
9 January 10, was read and approved. On motion,
10 Senate adjourned.
11 ACTING PRESIDENT VALESKY:
12 Without objection, the Journal stands approved
13 as read.
14 Presentation of petitions.
15 Messages from the Assembly.
16 Messages from the Governor.
17 Reports of standing committees.
18 Reports of select committees.
19 Communications and reports from
20 state officers.
21 Motions and resolutions.
22 Senator Klein.
23 SENATOR KLEIN: Mr. President, at
24 this time may we please adopt the resolution
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1 calendar in its entirety, with the exception
2 of Senate Resolution Number 3598.
3 ACTING PRESIDENT VALESKY: All in
4 favor of adopting the Resolution Calendar in
5 its entirety, with the exception of Senate
6 Resolution Number 3598, please signify by
7 saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT VALESKY:
10 Opposed, nay.
11 (No response.)
12 ACTING PRESIDENT VALESKY: The
13 Resolution Calendar is adopted.
14 Senator Klein.
15 SENATOR KLEIN: Mr. President, I
16 believe there's a resolution by Senator
17 Breslin at the desk. I ask that the title of
18 the resolution be read and move for its
19 immediate resolution and allow Senator Breslin
20 to speak on his resolution.
21 ACTING PRESIDENT VALESKY: The
22 Secretary will read.
23 THE SECRETARY: By Senator
24 Breslin, Legislative Resolution Number 3598,
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1 paying grateful tribute to the life and many
2 accomplishments of John J. McNulty, Jr.,
3 distinguished citizen and devoted member of
4 his community.
5 ACTING PRESIDENT VALESKY:
6 Senator Breslin.
7 SENATOR BRESLIN: Thank you,
8 Mr. President.
9 I rise to salute the life of Jack
10 McNulty, who passed away on December 28, 2009,
11 at the age of 87.
12 To those members or those people
13 who are familiar with the Capital District,
14 Jack McNulty began his elective life at the
15 age of 27, in 1949, and he continued as an
16 elected official for over 50 years, retiring
17 as mayor of the Village of Green Island in
18 2002.
19 Along the way, he served as the
20 supervisor of the Town of Green Island, he was
21 the sheriff of Albany County, he was on the
22 State Corrections Committee for years. He
23 was, as I mentioned, the long-time sheriff of
24 Albany County.
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1 He's also the father of five
2 children, one of whom was killed in the
3 Vietnam War. Another, Ellen, succeeded him as
4 mayor of Green Island. And another, Michael,
5 who you may be familiar with, was a long-time
6 Assemblyman and a long-time Congressman who
7 retired last year.
8 Most importantly, for people who
9 knew Jack McNulty in the Capital District,
10 they would use words other than "an elected
11 official." They would use words like
12 "gentleman," "integrity," "honesty,"
13 "professionalism." Somebody who really
14 exemplified the kind of person that we want in
15 public office.
16 So this resolution celebrating his
17 life is one that is extremely well deserved.
18 I applaud his life. I look forward to, at
19 times, trying to emulate what he has done
20 before me.
21 Thank you, Mr. President.
22 ACTING PRESIDENT VALESKY: Thank
23 you, Senator Breslin.
24 Senator Farley.
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1 SENATOR FARLEY: Thank you very
2 much.
3 I rise to pay tribute to the life
4 of Jack McNulty, who was an absolute icon in
5 this whole Capital Region.
6 Jack McNulty epitomized being a
7 gentleman, being a person of integrity and
8 honesty -- and humor. He had a great Irish
9 sense of humor. And what a family that
10 McNulty family is. And they all represent the
11 very best, and the apple didn't fall far from
12 the tree.
13 You know, Jack McNulty, everywhere
14 he went he was adored by Republicans and
15 Democrats regardless of their party
16 affiliation. And he used to appear so many
17 times on behalf of his son Mike. And I'll
18 tell you what, he always made a presence.
19 I can recall him -- there were all
20 the candidates that are running for office
21 getting in line and announcing what they're
22 running for and a little bit about it. And
23 he'd jump right in the line. He says, "I'm
24 Jack McNulty, and I'm running statewide for
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1 notary public."
2 (Laughter.)
3 SENATOR FARLEY: And this was the
4 type of person he was. He didn't take himself
5 seriously.
6 But what a wonderful, wonderful man
7 he was. And what a loss it is to this area.
8 The McNulty family from Green Island is
9 absolutely -- they used to win their elections
10 with only like one or two negative votes. And
11 they used to find out who those two were.
12 (Laughter.)
13 SENATOR FARLEY: But the McNulty
14 family is truly a remarkable family. And my
15 deep, deepest sympathy goes out to Mike and
16 his brothers and sisters. As Senator Breslin
17 said, one of the sons was brought home in a
18 body bag from Vietnam.
19 And they're just a wonderful
20 family. My deepest sympathy goes out on this
21 loss, because Jack McNulty had a very rich and
22 wonderful life that made all of us in public
23 service look good.
24 ACTING PRESIDENT VALESKY: Thank
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1 you, Senator Farley.
2 Senator McDonald.
3 SENATOR McDONALD: Thank you. I
4 too would like to join Senator Breslin and
5 Senator Farley.
6 I grew up, was born and raised in
7 this area, and the McNulty family, regardless
8 of what political party you were, what race,
9 what religion, what ethnicity, they were good
10 people to everybody. And the word is humane.
11 Humanity is what that they cared for, and the
12 people who came before them and worked with
13 them. And they cared about all of us.
14 I can't add to Senator Breslin and
15 Senator Farley other than the fact that I'm
16 proud that these people are from my region.
17 And Jack was a wonderful man. And I just
18 can't tell you what compassion he had for our
19 community.
20 Thank you.
21 ACTING PRESIDENT VALESKY: Thank
22 you, Senator McDonald.
23 Are there any other Senators who
24 wish to be heard?
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1 Seeing none, the question is on the
2 resolution. All in favor signify by saying
3 aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT VALESKY:
6 Opposed, nay.
7 (No response.)
8 ACTING PRESIDENT VALESKY: The
9 resolution is adopted.
10 Senator Breslin has indicated he
11 would like the resolution open for
12 cosponsorship. Any member wishing not to
13 cosponsor the resolution should notify the
14 desk.
15 Senator Klein.
16 SENATOR KLEIN: Mr. President, at
17 this time can you please recognize Senator
18 Larkin to speak on his resolution paying
19 tribute and remembering the 13 brave soldiers
20 and civilians of the U.S. Army who lost their
21 lives in the tragic attack at Fort Hood,
22 Texas.
23 ACTING PRESIDENT VALESKY:
24 Senator Larkin.
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1 SENATOR LARKIN: Thank you,
2 Mr. President.
3 This resolution is something that
4 we all ought to pay attention to. In November
5 of this past year, 13 members of the armed
6 forces and one civilian were killed by another
7 member of the armed forces. Thirty-one were
8 seriously injured. Twenty-seven, as of
9 yesterday, were still in hospital conditions.
10 This is a terrible incident in our
11 country, soldiers killing soldiers. What we
12 should be doing here today is saying, in
13 essence, to the American people: We thank you
14 for giving us your soldiers -- your sons, your
15 daughters, your brothers, your fathers. But
16 we didn't give them to you so that they could
17 be killed by another member of the armed
18 forces.
19 What went on at Fort Hood -- and I
20 speak as having served 23 years, but never at
21 Hood, but knowing some of the families that
22 are there. I say, what are we doing? What is
23 this country turning to?
24 These individuals, the majority of
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1 them, were ready for, practicing and preparing
2 for deployment to the Mideast. They never got
3 there. Two of them, I'm told, it would have
4 been their third trip to the Mideast. And yet
5 instead of engaging in a firefight in
6 Afghanistan or Iraq, they're killed in the
7 deployment office at Fort Hood, Texas.
8 This is a disgrace. And when some
9 people tell me that this individual was under
10 stress, let me tell you, that's not stress.
11 I'll tell you what stress is.
12 Stress, as stated by the wife of an
13 army sergeant who is on his fourth trip to the
14 Mideast, says stress is getting a call in the
15 middle of the tour and being told your husband
16 is being medically evac'd to Germany. Where?
17 Don't know. What's his injuries? Don't know.
18 By the way, he's not coming here, it's an
19 18-hour drive to where he's going to be
20 located. And when you get there, he can't
21 feed himself, he can't bathe himself. You
22 have to do it for him. That's stress.
23 The stress on not just the
24 survivors at Fort Hood, but the stress on the
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1 army as a whole brings us to the question of
2 are we doing enough to support these families.
3 I ask every one of you to think about it.
4 Because there's nobody in this room that can't
5 say they don't know or heard of someone who's
6 been called to duty and asked to be in combat,
7 combat for this great nation of ours. Because
8 we are the greatest nation in the world.
9 But we cannot allow incidents like
10 this to happen. It's a disgrace. We
11 shouldn't be mollycoddling them. They should
12 be brought to trial and severely punished.
13 To the families of those 13 that
14 were killed, I say God watch over you. To
15 those 27 that are still in hospital
16 conditions, we pray that they will recover and
17 be able to come back and carry on a decent
18 life.
19 And to the rest of us, let's be
20 sensitive to what's going on and truly support
21 those who we ask to go to harm's way and
22 defend this great country of ours.
23 Thank you, Mr. President.
24 ACTING PRESIDENT VALESKY: Thank
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1 you, Senator Larkin.
2 Senator Klein.
3 SENATOR KLEIN: Mr. President, is
4 there any further business at the desk?
5 ACTING PRESIDENT VALESKY: There
6 is no further business at the desk.
7 SENATOR KLEIN: Oh, I'm sorry.
8 Would you recognize Senator McDonald to speak
9 on the resolution.
10 ACTING PRESIDENT VALESKY:
11 Senator McDonald.
12 SENATOR McDONALD: Thank you,
13 sir.
14 Colonel Larkin asked me to say a
15 few words on his resolution. These folks were
16 in the same Army division I was in many years
17 ago. These folks are in today's 1st Cav
18 Division. And it's always a tragedy. And I'm
19 thanking you for putting this resolution up.
20 But I want to thank this body as
21 well as the Assembly and the administration
22 for the support that it's been giving the
23 troops. It's been gratifying to see the
24 sincerity of your support for our troops, you
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1 know, of the last couple of years I've been
2 here in the Assembly or the Senate.
3 And unfortunately, we're going to
4 have to continue to that in the future with
5 programs, services. And I know we're up to
6 the task. And I just want to thank everybody
7 for having that concern.
8 Thank you.
9 ACTING PRESIDENT VALESKY: Thank
10 you, Senator McDonald.
11 Senator Klein.
12 SENATOR KLEIN: Mr. President, is
13 there any further business at the desk?
14 ACTING PRESIDENT VALESKY: The
15 desk is clear.
16 SENATOR KLEIN: There being none,
17 Mr. President, I move that we adjourn until
18 Tuesday, January 19th, at 3:00 p.m.,
19 intervening days to be legislative days.
20 ACTING PRESIDENT VALESKY: There
21 being no further business to come before the
22 Senate, on motion, the Senate stands adjourned
23 until Tuesday, January 19th, at 3:00 p.m.,
24 intervening days being legislative days.
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1 (Whereupon, at 10:40 a.m., the
2 Senate adjourned.)
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