Regular Session - January 6, 2010
1
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 January 6, 2010
11 12:36 p.m.
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13
14 REGULAR SESSION
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16
17
18
19 LIEUTENANT GOVERNOR RICHARD RAVITCH, President
20 ANGELO J. APONTE, Secretary
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 please come to order.
4 I ask everyone present to rise and
5 recite with me the Pledge of Allegiance to our
6 Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: The invocation
10 today will be delivered by the Right Reverend
11 Howard Hubbard, Bishop of the Roman Catholic
12 Diocese of Albany.
13 Welcome, Bishop.
14 BISHOP HUBBARD: Let us pray.
15 Oh, Faithful and Eternal God, we
16 pray Your blessing upon all who have gathered
17 here for the opening of the 2010 session of
18 the New York State Senate.
19 In a world torn by conflict,
20 terrorism and ecological crisis, in a country
21 facing a faltering economy and double-digit
22 unemployment, in a state dealing with
23 staggering budget deficits, we gather together
24 to seek Your guidance on how best to serve the
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1 common good of the people during these
2 unsettling times.
3 Pour forth Your blessings upon
4 these, the members of the New York State
5 Senate, as they begin this new legislative
6 session. Grant them the wisdom needed to find
7 solutions to difficult and complex problems,
8 the vision to comprehend the effects of their
9 decisions, the patience and perseverance to
10 work productively together, and the insights
11 to bring about effective ethical reform in
12 government.
13 Enable our Senators, O God, to use
14 their diverse gifts and talents to respond to
15 the challenges of these critical times
16 courageously and to tackle the difficulties of
17 the world facing limited resources, and
18 especially to strive compassionately to
19 address the urgent needs of the poor and
20 vulnerable in our midst.
21 For all this we pray, O
22 Compassionate God of all people, the author of
23 life and the source of every rich blessing,
24 You who live and reign both now and forever
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1 and ever.
2 Amen.
3 THE PRESIDENT: Thank you,
4 Bishop.
5 Senator Klein.
6 SENATOR KLEIN: Mr. President,
7 would you please have the Secretary call the
8 roll to determine the presence of a quorum.
9 THE PRESIDENT: The Secretary
10 will call the roll. After your name is
11 called, please note your presence for the
12 record by saying "here."
13 THE SECRETARY: Senator Adams.
14 (No response.)
15 THE SECRETARY: Senator Addabbo,
16 excused.
17 Senator Alesi.
18 (No response.)
19 THE SECRETARY: Senator
20 Aubertine.
21 SENATOR AUBERTINE: Present.
22 THE SECRETARY: Senator Bonacic,
23 excused.
24 Senator Breslin.
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1 SENATOR BRESLIN: Here.
2 THE SECRETARY: Senator
3 DeFrancisco.
4 SENATOR DeFRANCISCO: Here.
5 THE SECRETARY: Senator Diaz.
6 SENATOR DIAZ: Aqui.
7 THE SECRETARY: Senator Dilan.
8 SENATOR DILAN: Here.
9 THE SECRETARY: Senator Duane.
10 (No response.)
11 THE SECRETARY: Senator Espada.
12 SENATOR ESPADA: Here.
13 THE SECRETARY: Senator Farley.
14 SENATOR FARLEY: Here.
15 THE SECRETARY: Senator Flanagan.
16 (No response.)
17 THE SECRETARY: Senator Foley.
18 SENATOR FOLEY: Present.
19 THE SECRETARY: Senator
20 Fuschillo.
21 SENATOR FUSCHILLO: Present.
22 THE SECRETARY: Senator Golden.
23 (No response.)
24 THE SECRETARY: Senator Griffo.
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1 SENATOR GRIFFO: Here.
2 THE SECRETARY: Senator Hannon.
3 (No response.)
4 THE SECRETARY: Senator
5 Hassell-Thompson.
6 SENATOR HASSELL-THOMPSON: Here.
7 THE SECRETARY: Senator Huntley.
8 SENATOR HUNTLEY: Here.
9 THE SECRETARY: Senator C.
10 Johnson.
11 SENATOR CRAIG JOHNSON: Present.
12 THE SECRETARY: Senator O.
13 Johnson.
14 SENATOR OWEN JOHNSON: Here.
15 THE SECRETARY: Senator Klein.
16 SENATOR KLEIN: Present.
17 THE SECRETARY: Senator L.
18 Krueger.
19 SENATOR LIZ KRUEGER: Here.
20 THE SECRETARY: Senator C.
21 Kruger.
22 SENATOR C. KRUGER: Here.
23 THE SECRETARY: Senator Lanza.
24 SENATOR LANZA: Here.
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1 THE SECRETARY: Senator Larkin.
2 SENATOR LARKIN: Here.
3 THE SECRETARY: Senator LaValle.
4 SENATOR LaVALLE: Here.
5 THE SECRETARY: Senator Leibell.
6 SENATOR LEIBELL: Here.
7 THE SECRETARY: Senator Libous.
8 SENATOR LIBOUS: Happy to be
9 here.
10 THE PRESIDENT: Senator Little.
11 SENATOR LITTLE: Here.
12 THE SECRETARY: Senator
13 Marcellino.
14 SENATOR MARCELLINO: I'm still
15 here.
16 THE SECRETARY: Senator Maziarz.
17 SENATOR MAZIARZ: Here.
18 THE SECRETARY: Senator McDonald.
19 SENATOR McDONALD: Here.
20 THE SECRETARY: Senator
21 Monserrate.
22 (No response.)
23 THE SECRETARY: Senator
24 Montgomery.
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1 SENATOR MONTGOMERY: Here.
2 THE SECRETARY: Senator Morahan.
3 SENATOR MORAHAN: Here.
4 THE SECRETARY: Senator Nozzolio.
5 SENATOR NOZZOLIO: Present.
6 THE SECRETARY: Senator Onorato.
7 SENATOR ONORATO: Here.
8 THE SECRETARY: Senator
9 Oppenheimer.
10 SENATOR OPPENHEIMER: Present.
11 THE SECRETARY: Senator Padavan.
12 SENATOR PADAVAN: Here.
13 THE PRESIDENT: Senator Klein, a
14 quorum is present and the Senate is ready to
15 proceed with the order of business.
16 Any presentation of petitions?
17 Messages from the Assembly.
18 Messages from the Governor.
19 We have a communication from the
20 Governor of the State of New York that the
21 Secretary will please read.
22 THE SECRETARY: "Dear Lieutenant
23 Governor Ravitch:
24 "I would appreciate the privilege
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1 of appearing before your Honorable Bodies in
2 Joint Session on January 6, 2010, at
3 1:00 p.m., or as soon as thereafter as may be
4 convenient, to deliver my Annual Message to
5 the Legislature.
6 "Very truly yours, David A.
7 Paterson."
8 THE PRESIDENT: Again, I wish you
9 all a Happy New Year and hope that -- as I
10 said in my remarks a month ago -- I hope that
11 I can be of help to you in the difficult time
12 that we face together in the months ahead.
13 That is my consummate wish.
14 The communication from the Governor
15 will be filed in the Senate Journal.
16 Are there any reports of standing
17 committees?
18 Reports of select committees?
19 Communications and reports from any
20 state officers?
21 Any motions or resolutions?
22 Senator Klein.
23 SENATOR KLEIN: Mr. President, I
24 believe that Senator Perkins has a privileged
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1 resolution at the desk. I ask that the
2 resolution be read in its entirety, and move
3 for its immediate adoption, and allow Senator
4 Perkins to speak on said resolution.
5 THE PRESIDENT: The Secretary
6 will read.
7 THE SECRETARY: By Senators
8 Perkins, Sampson and Parker, Legislative
9 Resolution Number 3539, mourning the death of
10 Harlem political pioneer Percy Ellis Sutton.
11 "Whereas, it is the sense of this
12 Legislative Body to pay tribute to the lives
13 of those esteemed individuals of renown who
14 distinguished themselves through their life's
15 work; and
16 "WHEREAS, It is the sense of this
17 Legislative Body to pay proper tribute to
18 individuals of great character whose lives
19 exemplify the highest ideals of humanity; and
20 "WHEREAS, Percy Sutton was a civil
21 rights activist, entrepreneur and lawyer. He
22 died on Saturday, December 26, 2009, at the
23 age of 89; and
24 "WHEREAS, Percy Sutton was born on
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1 November 24, 1920, in San Antonio, Texas, the
2 youngest child of Samuel J. and Lillian Smith.
3 His parents were both born into slavery and
4 became educators. They were determined that
5 their children would be provided the best
6 opportunities available. Percy and all of his
7 siblings went on to college, and they helped
8 each other financially to complete their
9 educations; and
10 "WHEREAS, Percy Sutton attended
11 Prairie View Agricultural and Mechanical
12 College in Texas, Tuskegee Institute in
13 Alabama, and Hampton Institute in Virginia.
14 He learned to fly at the same time and earned
15 money as a stunt pilot at county fairs; and
16 "WHEREAS, When World War II came
17 along, Percy Sutton moved to New York City to
18 enlist in the United States Army Air Corps.
19 He served with the famous Tuskegee Airmen and
20 won combat stars as an intelligence officer
21 with the 332nd Fighter Group's black 99th
22 Pursuit Squadron in the Italian and
23 Mediterranean theaters; and
24 "WHEREAS, After being honorably
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1 discharged from the Air Corps as a captain,
2 Percy Sutton entered the Columbia University
3 School of Law on his GI Bill benefits, before
4 switching to the Brooklyn College School of
5 Law. He received his juris doctor in 1990 and
6 passed the New York State bar exam the
7 following year; and
8 "WHEREAS, Percy Sutton served in
9 the military again during the Korean War as an
10 Air Force intelligence officer in Washington,
11 D.C. Later, he became the Air Force's first
12 black trial judge advocate before leaving the
13 service for the second time in 1953; and
14 "WHEREAS, Percy Sutton set up a law
15 partnership on 125th Street in 1953 with his
16 brother Oliver and George Covington which
17 spanned over 40 years; and
18 "WHEREAS, In 1961 and again in
19 1962, Percy Sutton was elected president of
20 the New York branch of the NAACP, after a
21 succession of positions; and
22 "WHEREAS, Percy Sutton was elected
23 to the New York State Assembly in the
24 November 1964 election and took his seat on
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1 January 1, 1965. He was selected spokesperson
2 for the black Assemblymen, and under his
3 leadership, black Assemblymen became members
4 of every major committee, and one was chosen
5 as the majority whip; and
6 "WHEREAS, Percy Sutton was a major
7 supporter of state funding to build the
8 New York Public Library's Schomburg Center for
9 Research in Black Culture and the Search for
10 Education, Elevation and Knowledge (SEEK)
11 program which gave promising students from
12 disadvantaged backgrounds an opportunity to
13 attend college. He was voted Assemblyman of
14 the Year in 1966 by the Intercollegiate
15 Legislative Assembly; and
16 "WHEREAS, In 1966, the New York
17 City Council chose Percy Sutton to fill the
18 unexpired term as Manhattan borough president.
19 He held onto the position and for 11 years was
20 the highest elected African-American official
21 in the state; and
22 "WHEREAS, On December 10, 1972,
23 Percy Sutton chaired a public hearing on crime
24 in Harlem, sponsored by the Haryou Act
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1 Community Corporation. He expressed the view
2 that effective police and judicial work, along
3 with a cooperative effort by the city
4 government to eliminate problems on housing,
5 unemployment and drug trafficking, were needed
6 to solve the problem of urban crime; and
7 "WHEREAS, Percy Sutton was chairman
8 of Queens Inner Unity Cable System, a cable
9 television system in New York City. He was
10 the major founder of the Street Literacy
11 Clinic and the Magic of Learning, a
12 computer-based, interactive, multimedia
13 learning system that teachers use to help
14 young people improve basic skills in reading,
15 writing and functioning in the language of
16 their environment; and
17 "WHEREAS, Percy Sutton cofounded
18 the Inner City Broadcasting Corporation with
19 his brother Oliver and Clarence B. Jones in
20 1971 and also purchased radio station WLIB-AM,
21 making it the first black-owned station in
22 New York City. That same year, he formed
23 AMNEWS and purchased the New York Amsterdam
24 News, the second-largest black weekly in the
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1 United States; and
2 "WHEREAS, Percy Sutton left public
3 office in December of 1977 and retired and
4 became chairman emeritus in 1991 for City
5 Broadcasting. He served as a guest lecturer
6 on college campuses, discussing the subjects
7 of communications, high technology, finance,
8 business law and politics at City College of
9 New York and Princeton University, among
10 others; and
11 "WHEREAS, In January of 1995, Percy
12 Sutton became a member of a delegation of
13 leading American businesspeople representing
14 the United States at the Group of Seven (G-7)
15 Nations Roundtable Meeting on
16 Telecommunications and High Technology in
17 Brussels. He was selected by his European
18 colleagues to attend follow-up discussions in
19 Brussels and Washington, D.C. In May of 1996,
20 he served as a United States delegate to the
21 G-7 and developing nations' Intelligence
22 Technology Conference in Midrand,
23 South Africa; and
24 "WHEREAS, Percy Sutton received
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1 hundreds of national, international and local
2 awards honoring his contributions in the
3 fields of communications and high technology,
4 human rights, civil rights, business, and
5 philanthropy; and
6 "WHEREAS, Survived by his wife,
7 Leatrice, and their two children, Pierre and
8 Cheryl Lynn, Percy Sutton was armed with a
9 humanistic spirit, imbued with a sense of
10 compassion, and comforted by a loving family.
11 He leaves behind a legacy which will long
12 endure the passage of time and will remain as
13 a comforting memory to all he served and
14 befriended; now, therefore, be it
15 "RESOLVED, That this Legislative
16 Body pause in its deliberations to mourn the
17 death of Harlem political pioneer Percy Ellis
18 Sutton; and be it further
19 "RESOLVED, that a copy of this
20 resolution, suitably engrossed, be transmitted
21 to the family of Percy Ellis Sutton."
22 THE PRESIDENT: Are there any
23 other Senators that wish to be heard on this
24 resolution?
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1 Senator Perkins.
2 SENATOR PERKINS: Thank you,
3 Mr. President.
4 If I may acknowledge the presence
5 of my neighbor, Assemblyman Denny Farrell, who
6 has joined us.
7 And as you know, as you all know,
8 at this time there is a service taking placing
9 at the Riverside Church, in my district, for
10 the Honorable Percy Sutton. And obviously I'm
11 here. And nevertheless, I wanted to make sure
12 that we had an opportunity to acknowledge his
13 contribution. And I have a letter to the
14 family of the Honorable Percy Sutton that I
15 shared with them, that is being shared with
16 them as we speak.
17 "On behalf of myself, my wife,
18 Pamela Green Perkins, and our family,
19 expressing our condolences to the family of
20 the Honorable Percy Sutton, I am saddened.
21 Mr. Sutton was a giant and a personal hero,
22 since I know it would be impossible to do what
23 I do now without his precedent-setting life.
24 "Determining how best to honor his
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1 memory, I've joined with my colleagues and
2 Conference Leader Senator John Sampson to
3 introduce a commemorative resolution to plan a
4 New York State Senate-sponsored memorial
5 ceremony. However, today presents a conflict.
6 Attending Governor Paterson's State of the
7 State address in Albany, I am unable to be
8 with you who are mourning Percy Sutton's loss
9 and celebrating his life at Riverside church
10 in New York.
11 "Because of his dedicated example
12 of public service, there was no real
13 hesitation to do what my duty lay in doing the
14 people's work in the Capitol today. But
15 knowing one's duty sometimes doesn't alleviate
16 regret that one cannot do other things at the
17 same time. So happy to be doing what's right,
18 I am also sorry to be absent from his fitting
19 tribute.
20 "Reviewing Mr. Sutton's demanding
21 career this week, it's clear that there must
22 have been family events and other precious
23 moments that he also missed, unable to defy
24 the laws of physics. His vision, dedication,
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1 his great legacy will long endure and our task
2 is to continue his efforts to expand
3 opportunity and fairness.
4 "Mr. Sutton once said how he,
5 quote, wouldn't take a million dollars to
6 leave Harlem, end quote. Sometimes these days
7 it seems that without a million dollars it's
8 becoming impossible to live and prosper in
9 Harlem or any other part of my district.
10 "My job -- all our jobs -- is to
11 make sure that we further Percy Sutton's
12 vision and provide the opportunities for those
13 with ambition, talent, and zeal to be the best
14 and to leave the world a better place.
15 Whether they are from here or from someplace
16 else, whether they are rich or not, they will
17 be welcomed and encouraged. In this way the
18 success of Percy Sutton will live forever."
19 Thank you.
20 THE PRESIDENT: Are there any
21 other Senators that wish to be heard on this
22 resolution?
23 Senator Adams.
24 SENATOR ADAMS: Thank you.
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1 You know, I can only give tribute
2 to Mr. Sutton the best way I know how, who was
3 a personal advisor and personal friend.
4 You know, I start the day every day
5 with my bowl of oatmeal and milk. And this
6 morning when I went into the fridge, I
7 realized that the milk carton was two days
8 old, and it was spoiled and it was half-full.
9 And it was a waste. And I thought about that
10 as I was trying to figure out how do we talk
11 about Percy and what he meant to us.
12 I think nothing is worse than going
13 through life with a half-full carton. It does
14 you no good if, when it expires -- and we're
15 all going to have a date of expiration. No
16 matter what position we hold and who we think
17 we are, there's going to come a period in life
18 where our expiration date is going to be met.
19 And when Mr. Sutton's date of expiration was
20 met, his carton wasn't half-full, it was
21 empty.
22 Born from parents in slavery, he
23 didn't sit back and wallow in despair and talk
24 about how unfair life was, he went on, from
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1 Boy Scout to military service. Fifteen
2 siblings, in a generation and time when 15
3 children can't help one mother, he lived
4 during those difficult times. Flying,
5 attorney, activist -- so many things
6 Mr. Sutton did, and never did he fail to talk
7 to you and give you simple advice. He was
8 always willing to communicate, and a very
9 simple individual as he walked through the
10 streets of Harlem.
11 And whenever you lose someone and
12 they make the transformation from the physical
13 to the spiritual and they depart us, it should
14 give us a period of reflection how many of us
15 are merely wasting our lives away instead of
16 ensuring that when we leave here and our
17 expiration date is met, that our carton is not
18 half-full, that our carton is completely full,
19 not only to feed ourselves but just to feed
20 other people that are just waiting for us to
21 give them some hope and some encouragement.
22 Because we're in a period of time
23 that people in New York State and America are
24 hurting. They have not only given up on
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1 government, they have not only given up on
2 their religion, but they're one voice away of
3 giving up on themselves. And we cannot hog
4 the milk, proverbial milk inside us and
5 believe that by leaving it on the counter that
6 one day, when our expiration date comes, we
7 can state that we wished we had used it.
8 Mr. Sutton used every drop, every
9 ounce, every part of his carton of life. And
10 I think it's a reflective moment on all of us
11 to ask are we going to live the lives of
12 greatness of Mr. Sutton.
13 In conclusion, great things came
14 out of America in products, but great human
15 beings also came out of America. Percy
16 Sutton, it's stamped on him, "made in
17 America." All the uglies, all the ills, all
18 the blessings, all the prosperities, he is a
19 true product of what is the American dream.
20 From slavery to freedom, from participation to
21 recognition, from hope, from tragedy. No
22 matter what happened, he didn't have a wart on
23 his face. He never complained. He merely
24 stated that he's going to make this a better
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1 place.
2 And today, I'm pleased as a State
3 Senator that I'm able to say farewell to my
4 friend, our Percy Sutton.
5 THE PRESIDENT: Thank you.
6 Senator Hassell-Thompson.
7 SENATOR HASSELL-THOMPSON: Thank
8 you, Mr. President.
9 I rise to add my voice to those who
10 have come to commemorate today the life and
11 times of Percy Ellis Sutton, who I believe
12 opened every door that he thought possible to
13 make it a better place. And certainly he is
14 representative of the best that is in America.
15 So, Mr. President, I too wish to
16 take this moment and record my gratitude to
17 him for the leadership that he provided to all
18 and certainly the guidance that he gave to me.
19 THE PRESIDENT: Senator Smith.
20 SENATOR SMITH: Thank you very
21 much, Mr. President.
22 I concur with all that was said
23 today. I applaud Senator Sampson and Senator
24 Perkins for bringing this resolution forward.
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1 Senator Adams, Senator Ruth Hassell-Thompson's
2 comments. In addition to I heard Mayor
3 Bloomberg and Congressman Rangel and Melba
4 Moore this morning.
5 I would only ask during my time,
6 Mr. President, if -- rather than me making
7 comments, if we can all pause for a moment of
8 silence. During that moment of silence, I
9 would ask that my colleagues would whisper a
10 silent prayer on behalf of Mr. Sutton and his
11 family and offer whatever well wish you could
12 to yourself on behalf of him and his family.
13 THE PRESIDENT: Will you all
14 please rise for a moment of silence.
15 (Whereupon, the assemblage
16 respected a moment of silence.)
17 THE PRESIDENT: Thank you.
18 Senator Perkins again.
19 SENATOR PERKINS: Mr. President,
20 I rise to ask that my colleagues join me in
21 signing onto the resolution.
22 THE PRESIDENT: If there are any
23 members who do not wish to be on the
24 resolution, let the desk know.
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1 The question is on the resolution.
2 All in favor please indicate by saying aye.
3 (Response of "Aye.")
4 THE PRESIDENT: Any opposed?
5 (No response.)
6 THE PRESIDENT: The resolution is
7 adopted.
8 I would like to note that we're
9 joined by two members of the Assembly,
10 Assemblyman Farrell and Assemblyman Hayes, who
11 I believe are here out of respect for
12 Mr. Sutton and would like to make brief
13 statements.
14 ASSEMBLYMAN FARRELL: Thank you,
15 Mr. President.
16 The Assembly is organized and
17 prepared to open a joint session of the
18 Legislature for the purpose of receiving the
19 Governor's annual State of the State message.
20 They inform us that they will be
21 prepared for you to come. We welcome you.
22 Thank you.
23 THE PRESIDENT: Thank you.
24 Senator Klein.
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1 SENATOR KLEIN: Mr. President, I
2 believe there's another privileged resolution
3 at the desk by Senator Maziarz. I ask at this
4 time the resolution be read in its entirety
5 and move for its immediate adoption.
6 THE PRESIDENT: The Secretary
7 will read the resolution.
8 THE SECRETARY: By Senator
9 Maziarz, Legislative Resolution Number 3542,
10 mourning the untimely death of specialist
11 Jason M. Johnston, of Albion, New York, and
12 paying tribute to his courageous actions as a
13 member of the United States Army.
14 "WHEREAS, The courage and bravery
15 of our military personnel since the United
16 States Armed Forces commenced Operation Iraqi
17 Freedom will ensure our continued role as a
18 nation which embodies the ideals of democracy,
19 and as a defender of liberty for people
20 throughout the world; and
21 "WHEREAS, Members of the armed
22 services from the State of New York, who have
23 served so valiantly and honorably during
24 Operation Iraqi Freedom, deserve a special
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1 salute from this Legislative Body; and
2 "WHEREAS, It is with feelings of
3 deepest regret that this Legislative Body
4 mourns the untimely death of Specialist Jason
5 M. Johnston, of Albion, New York, in Orleans
6 County, and pays tribute to his courageous
7 actions as a member of the United States Army;
8 and
9 "WHEREAS, Army Specialist Jason M.
10 Johnston was killed in action in southern
11 Afghanistan on December 26, 2009; and
12 "WHEREAS, Specialist Johnston, who
13 was 24 years old, was serving with 2nd
14 Battalion, 508th Parachute Infantry Regiment,
15 4th Brigade Combat Team, 82nd Airborne
16 Division, when he fell victim to an improvised
17 explosive device; and
18 "WHEREAS, The heroism of a soldier
19 like Specialist Johnston is beyond measure,
20 and his death bespeaks of his ultimate and
21 steadfast commitment to serving the people of
22 the United States of America; and
23 "WHEREAS, Specialist Johnston had
24 previously served a 13-month tour of duty in
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1 Afghanistan, and his second deployment to that
2 country began in October 2009. He is the
3 first war casualty from Orleans County since
4 the Vietnam War; and
5 "WHEREAS, The remains of Specialist
6 Johnston were flown from Dover to Rochester.
7 And on Sunday, January 3, 2010, a motorcade
8 brought him back to Albion. Hundreds upon
9 hundreds of people lined the route,
10 withstanding freezing and snowy conditions to
11 salute him as he passed; and
12 "WHEREAS, A Mass of Christian
13 Burial was celebrated for Specialist Jason M.
14 Johnston on Tuesday, January 5, 2010, at
15 St. Joseph's Church in Albion. He will be
16 buried with full military honors in Mount
17 Albion Cemetery; and
18 "WHEREAS, Jason Johnston has been
19 posthumously named an honorary member of the
20 Albion Fire Department. He was actively
21 involved with the department's Explorer Post
22 when he was a teenager; and
23 "WHEREAS, Specialist Jason M.
24 Johnston is survived by his parents, Brad and
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1 Jenny Johnston, and three sisters, Carrie,
2 Holly, and Heather. The Albion Elks Lodge
3 will present Jason's family with the Medal of
4 Valor on January 8, 2010; and
5 "WHEREAS, The freedoms and security
6 we cherish as Americans come at a very high
7 price for those serving in the military in
8 times of conflict. It is fitting and proper
9 that we who are the beneficiaries of those who
10 risk their lives, leaving their families
11 behind, express our appreciation and eternal
12 gratitude for their sacrifices and courageous
13 acts; now, therefore, be it
14 "RESOLVED, That this Legislative
15 Body pause in its deliberations to mourn the
16 untimely death of Specialist Jason M. Johnston
17 of Albion, New York, and pay tribute to his
18 courageous actions as a member of the United
19 States Army; and be it further
20 "RESOLVED, That a copy of this
21 resolution, suitably engrossed, be transmitted
22 to the family of Specialist Jason M.
23 Johnston."
24 THE PRESIDENT: Do you wish to
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1 speak on the resolution, Senator?
2 SENATOR MAZIARZ: Thank you very
3 much, Mr. President. I appreciate, on this
4 very special day, that we would pause.
5 And I ask all my colleagues to join
6 me in this resolution honoring the sacrifice
7 and service of Jason Johnston, and in thanking
8 his parents, Brad and Jenny, who were informed
9 the day after Christmas that their only son
10 was killed in the war in Afghanistan.
11 Jason was a good kid from a great
12 community in Albion in Orleans County. I
13 can't tell you, I was so proud yesterday,
14 after Jason's funeral, to drive down Main
15 Street in the funeral procession and to see
16 the Albion School District had released all of
17 the students -- from kindergarten through
18 twelfth grade, 2400 students stood along
19 Main Street and formed a procession, all of
20 them holding American flags in honor of this
21 great young man.
22 So again, I thank my colleagues and
23 ask all of you to join me on this resolution
24 in honoring a real good soldier, great
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1 American, great citizen, and a great son.
2 Thank you, Mr. President.
3 THE PRESIDENT: Thank you,
4 Senator Maziarz.
5 Are there any other Senators who
6 wish to be heard on this?
7 If not, all in favor please
8 indicate by saying aye.
9 (Response of "Aye.")
10 THE PRESIDENT: Any opposed?
11 (No response.)
12 THE PRESIDENT: The resolution is
13 adopted.
14 Senator Klein.
15 SENATOR KLEIN: Mr. President, I
16 believe there are several privileged
17 resolutions at the desk by Senator Sampson. I
18 ask that they be read in their entirety and
19 move for their immediate adoption.
20 THE PRESIDENT: The Secretary
21 will read.
22 THE SECRETARY: The Assembly sent
23 for concurrence Assembly Concurrent Resolution
24 Number 820.
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1 Senator Sampson moved to substitute
2 Senate Concurrent Resolution Number 3544 for
3 Assembly Concurrent Resolution Number 820.
4 THE PRESIDENT: Substitution
5 ordered.
6 The Secretary will read.
7 THE SECRETARY: Concurrent
8 Resolution of the Senate and Assembly
9 providing for a joint assembly for the purpose
10 of receiving a message from the Governor.
11 "RESOLVED, That the Senate and
12 Assembly meet in joint assembly in the
13 Assembly Chamber at 1 o'clock p.m. today for
14 the purpose of receiving a message from the
15 Governor."
16 THE PRESIDENT: The question is
17 on the concurrent resolution. All those in
18 favor please indicate by saying aye.
19 (Response of "Aye.")
20 THE PRESIDENT: Opposed?
21 (No response.)
22 THE PRESIDENT: The concurrent
23 resolution is adopted.
24 The Secretary will continue to
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1 read.
2 THE SECRETARY: By Senator
3 Sampson, Senate Resolution Number 3545,
4 establishing a committee of the Senate to wait
5 upon the Governor.
6 "RESOLVED, That a committee of two
7 be appointed by the Temporary President of the
8 Senate to wait upon and inform the Governor
9 that the Senate has adjourned its 2009 session
10 sine die and has again convened and is
11 organized and ready to proceed to business and
12 will meet with the Assembly in joint session
13 in the Assembly Chamber at 1 o'clock p.m.
14 today to receive the Governor's message."
15 THE PRESIDENT: The question is
16 on the resolution. All in favor indicate by
17 saying aye.
18 (Response of "Aye.")
19 THE PRESIDENT: Any opposed?
20 (No response.)
21 THE PRESIDENT: The resolution is
22 adopted.
23 The chair appoints Senators
24 Aubertine and Leibell to inform the Governor
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1 that the Senate is organized and ready to
2 proceed with business and will meet with the
3 Assembly in joint session in the Assembly
4 Chamber shortly to receive the Governor's
5 annual message.
6 The Secretary will continue to
7 read.
8 THE SECRETARY: By Senator
9 Sampson, Senate Resolution Number 3546,
10 establishing a committee of the Senate to wait
11 upon the Assembly.
12 "RESOLVED, That a committee of two
13 be appointed by the Temporary President to
14 wait upon the Assembly and inform that
15 Honorable Body that the Senate has adjourned
16 its 2009 session sine die and has again
17 convened and is organized and ready to proceed
18 to business and will meet with the Assembly in
19 joint session in the Assembly Chamber at
20 1 o'clock p.m. to receive the Governor's
21 message."
22 THE PRESIDENT: The question is
23 on the resolution. All in favor please
24 indicate by saying aye.
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1 (Response of "Aye.")
2 THE PRESIDENT: Any opposed?
3 (No response.)
4 THE PRESIDENT: The resolution is
5 adopted.
6 The chair appoints Senator
7 Stewart-Cousins and Senator Young to inform
8 the Assembly that the Senate is organized and
9 ready to proceed with business and will meet
10 in joint session in the Assembly Chamber
11 shortly to receive the Governor's annual
12 message.
13 Senator Klein.
14 SENATOR KLEIN: Mr. President, on
15 behalf of the Temporary President, I hand up
16 the following committee and leadership
17 appointments.
18 THE PRESIDENT: To be filed in
19 the Journal.
20 Senator Klein.
21 SENATOR KLEIN: Mr. President, is
22 there any further business at the desk?
23 THE PRESIDENT: The desk is
24 clear.
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1 SENATOR KLEIN: There being none,
2 Mr. President, I move that the Senate adjourn
3 until Monday, January 11, 2010, intervening
4 days being legislative days. And we will
5 adjourn until Monday at 3:00 p.m.
6 THE PRESIDENT: There being no
7 further business to come before the Senate, on
8 motion, the Senate stands adjourned until
9 Monday, January 11, 2010, at 3:00 p.m.,
10 intervening days being legislative days, and
11 will now proceed to the Assembly Chamber.
12 (Whereupon, at 1:10 p.m., the
13 Senate adjourned.)
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