Regular Session - April 28, 2010
3008
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 April 28, 2010
11 11:16 a.m.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR NEIL D. BRESLIN, Acting President
19 ANGELO J. APONTE, Secretary
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT BRESLIN: The
3 Senate will please come to order.
4 I ask all to rise and repeat with
5 me the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BRESLIN: And
9 welcome to West Point Day.
10 The invocation will be given today
11 by the Chaplain of West Point, Colonel Michael
12 Durham.
13 CHAPLAIN DURHAM: May we pray.
14 Heavenly Father, we offer today as
15 our first President did, many years ago, this
16 heartfelt prayer for our America.
17 Almighty God, we make our earnest
18 prayer that Thou wilt keep the United States
19 in Thy holy protection, that Thou wilt incline
20 the hearts of her citizens to cultivate a
21 spirit of obedience to government, and to
22 entertain a brotherly affection and love for
23 one another, and that Thou wilt most
24 graciously be pleased to dispose us all to do
25 justice, to love mercy, demean ourselves with
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1 charity and humility.
2 Father, on this day, in this
3 special place of service, as we pause to honor
4 all that is noble and good at West Point and
5 the Academy, we humbly ask that You would
6 continue to hear from heaven, to forgive our
7 wrongdoings, to fill our hearts with hope, and
8 to heal our land, reminding us of Your
9 abundant care and provision.
10 Guide, encourage and inspire,
11 O Father, all those who lead and serve in
12 government, beginning with our President and
13 all those elected to serve the needs of the
14 people. Especially we pray for these, the
15 members of this State Senate.
16 Bless and keep safe, O Lord, the
17 young men, many from this great state, who
18 have answered a special call to serve in the
19 defense of our nation, some of whom at this
20 very moment are living out the treasured
21 values of the Academy -- duty, honor,
22 country -- while providing for the security
23 and well-being of our people. Keep them and
24 their families, we pray, comforted and safe in
25 Your tender care.
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1 Now, grant, O God, that our nation
2 may always be a lighthouse for freedom, faith,
3 and hope, and may our light so shine before
4 men and nations that we may experience peace
5 on earth and goodwill for all mankind.
6 All this we pray from the heart and
7 in Your most holy name. Amen.
8 ACTING PRESIDENT BRESLIN: Thank
9 you, Colonel.
10 The reading of the Journal.
11 The Secretary will read.
12 THE SECRETARY: In Senate,
13 Tuesday, April 27, the Senate met pursuant to
14 adjournment. The Journal of Monday, April 26,
15 was read and approved. On motion, Senate
16 adjourned.
17 ACTING PRESIDENT BRESLIN:
18 Without objection, the Journal stands approved
19 as read.
20 Presentation of petitions.
21 Messages from the Assembly.
22 Messages from the Governor.
23 Reports of standing committees.
24 Reports of select committees.
25 Communications and reports from
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1 state officers.
2 Motions and resolutions.
3 Senator Klein.
4 SENATOR KLEIN: Thank you,
5 Mr. President.
6 On behalf of Senator Smith, I move
7 that the following bill be discharged from its
8 respective committee and be recommitted with
9 instructions to strike the enacting clause:
10 Senate Bill Number 6019.
11 ACTING PRESIDENT BRESLIN: So
12 ordered.
13 SENATOR KLEIN: Mr. President, on
14 behalf of Senator Addabbo, I move that the
15 following bill be discharged from its
16 respective committee and be recommitted with
17 instructions to strike the enacting clause:
18 Senate Number 6989.
19 ACTING PRESIDENT BRESLIN: So
20 ordered.
21 Senator Klein.
22 SENATOR KLEIN: Mr. President, I
23 believe there are substitutions at the desk.
24 I ask that you make the substitutions at this
25 time.
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1 ACTING PRESIDENT BRESLIN: The
2 Secretary will read.
3 THE SECRETARY: On page 26,
4 Senator Savino moves to discharge, from the
5 Committee on Corporations, Authorities and
6 Commissions, Assembly Bill Number 9174A and
7 substitute it for the identical Senate Bill
8 Number 6215A, Third Reading Calendar 423.
9 ACTING PRESIDENT BRESLIN:
10 Substitution ordered.
11 Senator Klein.
12 SENATOR KLEIN: Mr. President, I
13 believe there's a resolution at the desk by
14 Senator Larkin and Senator Adams. I ask that
15 the resolution be read in its entirety and
16 move for its immediate adoption.
17 ACTING PRESIDENT BRESLIN:
18 Senator Klein, has this resolution been deemed
19 privileged and submitted by the office of the
20 Temporary President?
21 SENATOR KLEIN: Yes, it has,
22 Mr. President.
23 ACTING PRESIDENT BRESLIN: The
24 Secretary will read.
25 THE SECRETARY: By Senators
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1 Larkin and Adams, legislative resolution
2 memorializing Governor David A. Paterson to
3 proclaim April 28, 2010, as West Point Day in
4 New York State.
5 "WHEREAS, This Legislative Body is
6 justly proud to celebrate the establishment of
7 the United States Military Academy at
8 West Point and to call upon Governor David A.
9 Paterson to proclaim April 28, 2010, as
10 West Point Day in the State of New York; and
11 "WHEREAS, By an act of Congress, on
12 March 16, 1802, the United States Military
13 Academy was established within the borders of
14 New York State, on the banks of the Hudson
15 River; and
16 "WHEREAS, The Academy and its
17 graduates are an integral part of the proud
18 history of this state and nation; and
19 "WHEREAS, The leadership and
20 sacrifices of the members of the Long Gray
21 Line have helped this country withstand
22 countless threats to our cherished democratic
23 way of life; and
24 "WHEREAS, The alumni have excelled
25 not only on the battlefield but in many fields
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1 of endeavor; and
2 "WHEREAS, The Academy continues to
3 provide our country with able and dedicated
4 future leaders; and
5 "WHEREAS, Its scenic campus is a
6 mecca each year for thousands of visitors from
7 across our state, continent, and other
8 countries; and
9 "WHEREAS, The United States
10 Military Academy is in the forefront of our
11 state's outstanding institutions of higher
12 learning; and
13 "WHEREAS, Fifty-eight years ago,
14 the late James T. McNamara, then a member of
15 the New York State Assembly, and a member of
16 the Academy's Class of 1939, was the author of
17 the State Legislature's first 'West Point Day'
18 resolution; and
19 "WHEREAS, For decades, our nation
20 has enjoyed the legacy of freedom, and the
21 United States Military Academy at West Point
22 has played a vitally significant role in the
23 maintenance of peace and freedom; and
24 "WHEREAS, The members of this
25 Legislative Body are proud to commemorate this
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1 event, marking April 28, 2010, as West Point
2 Day in New York State; now, therefore, be it
3 "RESOLVED, That this Legislative
4 Body pause in its deliberations to celebrate
5 the establishment of the United States
6 Military Academy at West Point and to
7 memorialize Governor David A. Paterson to
8 proclaim April 28, 2010, as West Point Day in
9 New York State; and be it further
10 "RESOLVED, That a copy of this
11 resolution, suitably engrossed, be transmitted
12 to the Honorable David A. Paterson, Governor
13 of the State of New York."
14 ACTING PRESIDENT BRESLIN:
15 Senator Sampson.
16 SENATOR SAMPSON: Thank you very
17 much, Mr. President.
18 I would just like to start by
19 welcoming the men and women of the United
20 States Military Academy at West Point.
21 Welcome.
22 I also want to recognize an
23 extraordinary individual, Brigadier General
24 William E. Rapp. General Rapp.
25 Dr. Rapp, who graduated from West
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1 Point in 1984 and holds a Ph.D. in
2 international relations, is a true American
3 hero. And congratulations for that.
4 He commanded an airborne engineer
5 company during Operation Desert Storm. Then
6 he went on to command the 555 Combat Engineer
7 Group and deployed in support of the 101st
8 Airborne Division for Operation Iraqi Freedom.
9 His medals and your achievement are too
10 numerous to name.
11 I am personally humbled by his
12 contributions to our country. And on behalf
13 of the State Senate, I want to thank you.
14 The Legislature shares a common
15 bond with the men and women of West Point. It
16 is a legislator's job to advance democracy,
17 and it is your job to preserve it.
18 We are honored by the presence of
19 those individuals who have chosen to put
20 themselves in harm's way to protect our
21 country. You are the next generation of
22 leaders who will continue the greatest and
23 most successful experiment in democracy the
24 world has ever known.
25 Since its beginning in 1802,
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1 West Point has been one of the world's premier
2 leader development and educational
3 institutions. From the time of the
4 Revolutionary War, when George Washington
5 selected Thaddeus Kosciuszko, one of the
6 heroes of Saratoga, to fortify West Point as a
7 strategic base to fight off the British,
8 West Point has been in the center of both
9 military and American history.
10 But what's cemented West Point's
11 place in our history books more than anything
12 else are the brave men and women who call it
13 their home. Great leaders such as Grant, Lee,
14 Pershing, MacArthur, Eisenhower, and Patton
15 began their march in history at West Point.
16 We are forever grateful for the lessons
17 they've learned and contributions they have
18 made because of the education they received at
19 West Point.
20 However, there are some names who
21 you may not find in history books which I want
22 to recognize today because their participation
23 led to a better Academy and a better country.
24 In 1877, nearly a century before the
25 integration of our schools, Henry O. Flipper
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1 was the first African-American graduate from
2 West Point. In 1915, Luis R. Esteves became
3 the first Hispanic graduate from West Point.
4 And in 1976, as part of Project Athena, 119
5 extraordinary women became the first women
6 cadets accepted at West Point, with Andrea
7 Hollen becoming the first to graduate.
8 It is hard to find words worthy
9 enough to describe the courageous men and
10 women of West Point, so I will repeat those
11 spoken by one of your own: "Duty, honor,
12 country. Those three hallowed words
13 reverently dictate what you ought to be, what
14 you can be, and what you will be. They are
15 your rallying points -- to build courage when
16 courage seems to fail, to regain faith when
17 there seems to be little cause for faith, and
18 to create hope when hope becomes forlorn."
19 And that was General Douglas MacArthur in his
20 1962 address at West Point.
21 When I think back on my time in the
22 State Senate, I will always tell my children
23 that during the worst fiscal crisis in
24 70 years, I had an opportunity to fight hard
25 to create jobs and to make New York affordable
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1 and protect those vital services. And I've
2 had the pleasure of serving with great
3 colleagues.
4 And I want to thank not only my
5 colleagues for what they have done and are
6 doing on a day-to-day basis with respect to
7 dealing with this fiscal crisis, but most of
8 all I want to honor the brave men and women of
9 West Point, because you embody that historic
10 motto: Duty, honor, and country.
11 Congratulations.
12 ACTING PRESIDENT BRESLIN: Thank
13 you, Senator Sampson.
14 Senator Smith.
15 SENATOR SMITH: Thank you very
16 much, Mr. President.
17 To the leadership of one of our
18 country's finest institutions, Brigadier
19 General William Rapp, Command Sergeant Major
20 Rodney Harris, Chaplain Thomas Mike Durham,
21 First Captain Tyler Gordy, and Master Sergeant
22 Dean Welch, we thank you for your leadership,
23 we thank you for your commitment, and we thank
24 you for investing your spirit, your heart, and
25 your soul into these young men and women who
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1 are our finest.
2 To my colleague Chairman Adams, to
3 Colonel Larkin, we thank you for bringing this
4 day about. This is one of the more special
5 days that we have an opportunity in this
6 chamber to acknowledge not only the leadership
7 of this chamber and what they do to guide us
8 but to also recognize the future leadership
9 that sits before us.
10 Cadet Nalamothu, who is from
11 Queens, and Cadet Rachel Kim, who is also from
12 Queens, I in particular stretch your names out
13 before us only because, as one who was raised
14 in that borough, you mean a great deal to us.
15 There are a number of other young people in
16 that borough who have not received the
17 education and the well-roundedness that you
18 have received from this institution.
19 My challenge to you as you go
20 forward in life -- and you will, and you will
21 be a bright star in this constellation -- is
22 that you remember those other young people who
23 did not have your opportunity.
24 In life, everyone is branded with a
25 purpose. One of the most critical things in
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1 life to do is to find out what that purpose
2 ask and then carve all that you do to fulfill
3 that purpose. Today, you are halfway there.
4 The other part of that is what you give back,
5 not only to your country but to your peers.
6 You have peers in Queens, you have
7 peers in this state and around the world who
8 need your guidance and your leadership. The
9 world is a different place. When I was
10 growing up, I couldn't Twitter somebody in a
11 matter of seconds. I couldn't Facebook my
12 life on any webpage. I could not talk to
13 someone around the world in less than two
14 seconds. You have that ability. Which means
15 that what you do and how you do it, more than
16 just your peers will see it.
17 When you Facebook yourself, a good
18 portion of the world sees who you are. So
19 it's not just you representing West Point
20 today in this chamber, it is not just you
21 representing West Point when you go forward in
22 all that you will do as individuals, but it's
23 that you are representing a portion of a
24 world. And the portion of the world that you
25 represent are new leadership, new leadership
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1 that will take this country and this state to
2 heights that it has not been.
3 Maybe one day you'll be living on
4 the moon. Perhaps your grandchildren will be
5 traveling to Mars. But it's the leadership
6 that you are being ingrained with today from
7 Brigadier General Rapp and from Command
8 Sergeant Harris that is going to allow you to
9 move this country to a different place.
10 We are honored to have you here
11 today. We are honored because of the
12 leadership training that you heard Senator
13 Sampson talk about historically. We are
14 honored to have you here today because your
15 name is going to be in that book, and one day
16 someone sitting in the chair that Senator
17 Valesky is sitting is going to cite your name
18 as an individual that reshaped the future of
19 this country and this planet.
20 So I am honored, colleagues, as I
21 know you are, to be here to share a very rare
22 and special moment in this chamber.
23 Senator Larkin, Senator Adams, you
24 are to be commended for bringing this day
25 about, because I believe that the future of
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1 this country and this chamber will change
2 because today we honored some of the finest
3 young men and women that are being trained and
4 are going to graduate out of one of the finest
5 institutions not only in this country but in
6 this world.
7 Leadership of this school,
8 congratulations to you. Leadership that is
9 coming forward to create a better world for
10 all of us, thank you.
11 Mr. President, thank you also.
12 ACTING PRESIDENT BRESLIN: Thank
13 you, Senator Smith.
14 Senator Klein.
15 SENATOR KLEIN: Thank you,
16 Mr. President.
17 At this time I'd like to pause in
18 the proceedings to welcome Larry Schwartz, the
19 Secretary to the Governor, who joins to us
20 present the Governor's West Point Day
21 Proclamation to General Rapp and the West
22 Point cadets.
23 ACTING PRESIDENT BRESLIN: The
24 Secretary to the Governor, Larry Schwartz,
25 will present the gubernatorial proclamation to
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1 West Point.
2 (The proclamation was presented.)
3 ACTING PRESIDENT BRESLIN:
4 Senator Klein.
5 SENATOR KLEIN: Mr. President, at
6 this point, with unanimous consent, I would
7 like to ask Brigadier General William E. Rapp
8 to step to the podium in order to address the
9 Senate.
10 ACTING PRESIDENT BRESLIN: May we
11 have unanimous consent?
12 Excuse me. Senator Winner.
13 SENATOR WINNER: I believe
14 Senator Larkin would like to be heard prior to
15 that. Thank you.
16 ACTING PRESIDENT BRESLIN:
17 Senator Larkin.
18 SENATOR LARKIN: Thank you,
19 Mr. President.
20 You know, a lot of people have said
21 great things to you at breakfast, and a lot of
22 people were saying things here, and it's from
23 the heart.
24 General Rapp, on behalf of all of
25 my colleagues, to you, the role you play at
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1 West Point and to our cadets, and the role
2 you've played as a combat leader in the war on
3 terrorism are second to none. I welcome you
4 and the staff that you brought with you.
5 I would at this time like to
6 introduce our cadets so that those in the
7 audience who don't have a cadet will
8 understand.
9 You know, the First Cadet -- and
10 that's what he is, ladies and gentlemen --
11 Tyler Gordy, from the great state of
12 California. I've had the privilege of meeting
13 him more than one time. Please stand.
14 This is a gentleman that when out
15 of high school joined the Army and knew he
16 wanted to be somebody. And he became an
17 Airborne Ranger and went to the Mideast. On
18 his chest are some of his decorations. One is
19 the combat infantry badge. Those of you who
20 watch movies or have been in combat -- like my
21 good friend Roy McDonald -- know that that
22 signifies that you've had ground combat with
23 the enemy. He's also a recipient of the
24 Purple Heart, and he has the Army Commendation
25 Medal for Valor.
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1 We salute you, and we wish you the
2 greatest tour. He will be graduating in June.
3 Thank you very much, First Captain.
4 The others I think are very much as
5 important. Some of them are going to graduate
6 this year; some, down the line.
7 Brittany Fearnside, Senator
8 Farley's district, County of Schenectady.
9 Senator Padavan's district, Class
10 of 2011, Hemanth Nalamothu.
11 Michael James Monty -- Senator
12 Little -- from the great place of Plattsburgh.
13 Senator Farley again, Marc K.
14 Meybaum, Class of 2012.
15 Daniel Walker, Class of 2010,
16 Senator John DeFrancisco.
17 Joseph Grimm, Senator Morahan's,
18 Rockland County.
19 Lee Wakeman, Class of 2012,
20 Wallkill, New York, Ulster County, Senator
21 John Bonacic.
22 Dylan Potter, Senator John
23 DeFrancisco, from Marietta, Onondaga County.
24 Rachel Kim, Class of 2013, from
25 Queens, Senator Padavan's district.
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1 Nicholas Coronato, Class of 2012,
2 Senator Breslin.
3 Daniel Chang, Class of 2013,
4 Senator Mike Nozzolio.
5 Ladies and gentlemen, the future of
6 America.
7 (Standing ovation.)
8 SENATOR LARKIN: You know, from
9 Marlboro, they didn't think that I knew about
10 you. But what's that old saying? You save
11 the best to last. I don't want your mom and
12 dad to get mad at me and not vote for me.
13 This is a young man, Joseph
14 Amoroso, this is a young man that told me when
15 he was in grammar school -- so that will tell
16 you how long I've been here -- he said, "I'm
17 going to West Point and I'm going to be an
18 Army officer. And I will be ready to go in
19 harm's way."
20 And I want you to know that we've
21 never forgotten what you said. And that's why
22 I cited you, because you're a prime example of
23 what this country needs more of, men and women
24 of your caliber, your instinct. And you never
25 forgot what you wanted to do. I salute you.
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1 Thank you.
2 (Applause.)
3 SENATOR LARKIN: We have another
4 guest here, from the Class of 1956. I've
5 never met the gentleman. I knew a lot of the
6 Class of '56. Boy, when you were a captain in
7 '56, you knew a lot of the grads, because they
8 were young second lieutenants and they always
9 said "Sir."
10 But Senator Addabbo brought us a
11 guest this morning. Senator Addabbo's uncle
12 from Beacon, New York, Senator Saland's area,
13 is a Class of '56, General Salamone. Where
14 are you sitting? There he is, over in the
15 corner. Class of 1956.
16 (Applause.)
17 SENATOR LARKIN: You know, I love
18 the Academy. And these guys all harass me --
19 the ladies don't -- but they call me "the
20 Colonel." You know, I know guys who retired
21 as majors who would have been damn glad to be
22 called "Colonel," especially at the end of the
23 month.
24 But my pride in West Point is that
25 everyone I served with, you could always look
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1 and you could always look to the left and the
2 right, front and back, and they were with you.
3 They were leaders.
4 And the thought about it, you, who
5 will be in harm's way sooner than we can
6 imagine -- and we need to count on you. When
7 you look at West Point, man on the moon,
8 Panama Canal, San Francisco Bay Bridge, many,
9 many things. Of course, you know, Senator
10 Padavan reminds me, General, the engineers,
11 the engineers. Totten, you know.
12 But we have right here in front of
13 us young cadets. We talked about the First
14 Captain. I'm sure the General would say the
15 same, and some of the other officers here
16 would: When you can get a young lieutenant
17 coming in that's got that kind of experience,
18 you feel you've got a gift from heaven because
19 you don't have to train him on everything.
20 He's been there, he's tried, he's proven. And
21 he's a leader.
22 West Point isn't just an academic
23 institution. Forbes said it was the best in
24 the nation this year. And we New Yorkers are
25 proud of it.
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1 But you know, some people look at
2 the Academy as a group of people walking up
3 and down -- they forget that some of those
4 training days are over, General, right?
5 Two weeks ago we had the Special
6 Olympics, 800 cadets, 800 cadets that could
7 have had a Saturday off were out there
8 helping, showing their concern for their
9 fellow human beings and to show that they
10 wanted to be a part of them. They didn't do
11 that so somebody would take pictures. The
12 next day in the paper I think it was about
13 that big of an article. Shows you our media
14 priorities.
15 But the priorities for the members
16 of the Academy was to participate in an event
17 that they've done every year for many years.
18 And yes, in the summer they bring children
19 from disadvantages across the Hudson Valley to
20 the Academy, and they get training. They
21 participate in many, many programs that nobody
22 ever gives them credit for.
23 This year there's approximately
24 16,000 applicants started way back in last
25 November to apply to go to West Point.
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1 Approximately 1100 will make the final call
2 and report in the last couple of days of June.
3 If you've never been there, it's a day -- "R"
4 Day, it's called. You never forget, do you,
5 sir? It's great.
6 Some of you ought to go because you
7 could volunteer to be a cadet for a day. The
8 end of the day, you'll go home and you won't
9 harass anybody because you'll be too tired.
10 But just think about it, 16,000
11 want to get in with a thousand seats. The
12 requirements, the credentials to be a cadet.
13 And then the pride. You go to West Point, and
14 the first time you see a parade -- I'm going
15 to pick on my leader.
16 The first time we had a game at
17 West Point, Dean said: "I could have gone
18 there." And his wife said, "Yes, but could
19 you have made it?" Dean said, "If I went, I
20 would have done it." And I thank him. And
21 he's been back many, many times, sir, because
22 he respects the Academy.
23 And everybody here today is very
24 proud to join with you. Some years ago,
25 people, when we had this in the '70s, wouldn't
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1 go near the cadets because they wanted to
2 stand back. But today the new breed is
3 understanding that this is the future of
4 America. Whether they'll just finish their
5 five years and go out into civilian life and
6 become some part of it -- just look at some of
7 them, what they've done.
8 One of the great graduates of our
9 Academy, if you read Vanity Fair, ladies --
10 John, you can buy it -- it's got a big article
11 about General Petraeus. General Petraeus is
12 from Cornwall, my home. And he was called
13 "Peaches" because he always had a fresh face
14 on him. But look what he's done. General
15 Petraeus at Central Command is responsible for
16 20 countries, and some of you will be there
17 with him. General Rapp has served with him.
18 They're personal friends.
19 The Corps, when you hear it and you
20 hear the alma mater and you think, always
21 remember this: These men and women have done
22 a lot, will do a lot. But along the way, they
23 never forget duty, honor, and country. May
24 God bless each and every one of you.
25 ACTING PRESIDENT BRESLIN: Thank
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1 you, Senator Larkin.
2 Senator Adams.
3 SENATOR ADAMS: Thank you,
4 Mr. President.
5 I thank Senator Larkin, as well as
6 the men and women who are here who also served
7 in the armed forces in our country. As the
8 chair of the Veteran Affairs and Homeland
9 Security Committee, I'm glad I was able to
10 partner with Senator Larkin in this important
11 day.
12 I think it's an important day -- as
13 I was telling our cadets, it's more important
14 for us to have them visit our chamber than it
15 is for them.
16 I believe, as always, that sports
17 is an important analogy to help us understand
18 how we coexist as human beings. And whenever
19 a team is losing or whenever a team is having
20 difficulty in gaining its poise of being a
21 champion, they go through a rebuilding
22 process. And that rebuilding process entails
23 getting a marquee player to build the team
24 around, one person that will exemplify what is
25 expected of the spirit of the team and how do
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1 we regain the crown and regain the
2 championship ring that we need.
3 Well, Team America is hurting.
4 Team America needs marquee players. Not only
5 in the military service, but after you
6 complete your five years and go on to whatever
7 profession, it is important that we need
8 marquee players to reinfuse the spirit of what
9 makes this country great -- the duty, the
10 honor, the service.
11 We need marquee players to go into
12 the banking institutions and make sure that we
13 regain the poise that is needed to bring home
14 the ring to so many people who are losing
15 their homes and losing their pensions and
16 losing their savings. I think that out of
17 your ranks of your peer group, the thousands
18 of men and women who walk through the West
19 Point gates, they have the responsibility to
20 go into that institution and become the
21 particular key player to build the team
22 around.
23 Our educational system is hurting.
24 As one of you stated, you want to go in and
25 become a history teacher to teach history and
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1 rebuild and regain the poise of the champions
2 in our educational system.
3 When you look at our technology,
4 we're being outgunned, outmanned and outrun
5 all across the globe. We have fallen behind
6 the curb and no longer are leading the way in
7 technology. We need a marquee player to go
8 into technology and become the future of what
9 we're going to do in technology.
10 In the sciences, other countries
11 believe that we don't have the best to produce
12 the scientists that are needed to come up with
13 the scientific discoveries that's going to
14 take us into the next generation. We need a
15 marquee player to build the sciences and make
16 sure that we regain the crown that we deserve.
17 And so when I hear that someone in
18 grammar school stated that they wanted to go
19 to West Point -- in grammar school -- all of
20 us in this room can have eyes, but vision
21 comes from the heart. You have to be a
22 visionary to know that you can go beyond what
23 is visually in front of you. And when we
24 spoke in our chamber to hear already you have
25 the vision of what you want to do, you want to
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1 go to West Point and lead our country and
2 become the marquee player.
3 There's a lot of uncertainty.
4 There's a lot of things that we don't know.
5 Our future seems to so many as gray as the
6 uniforms you wear. But I am clearly confident
7 that no matter what question mark that lingers
8 over the United States of America, on the
9 shores of the Hudson River, West Point is the
10 exclamation point that states we will be fine
11 as a country. And I thank you for that.
12 I thank you for committing your
13 life to understanding that all across our
14 country we need marquee players to rebuild and
15 make sure you bring home the ring. We are the
16 champions. And we are the champions because
17 of men and women like you.
18 Thank you very much.
19 ACTING PRESIDENT BRESLIN: Thank
20 you, Senator Adams.
21 Senator Addabbo.
22 SENATOR ADDABBO: Thank you,
23 Mr. President.
24 I want to thank Senator Larkin and
25 Senator Adams for their efforts on West Point
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1 Day, and of course for introducing today's
2 resolution.
3 I join my colleagues today in
4 honoring West Point and its officers and
5 cadets who are here today.
6 You know, West Point has centuries
7 of distinguished existence, and its over
8 66,000 graduates are truly deserving of our
9 respect and gratitude for their commitment and
10 dedication to our country.
11 But to me, personally, I get to say
12 thank you publicly for the first time, today,
13 to General Luciano Salamone, who in my family
14 is affectionately known as Uncle Leo or "the
15 General." I don't think I've ever said it, I
16 don't think we've ever spoken about his
17 career. But it is an honor for me today,
18 before my colleagues and our guests, to Uncle
19 Leo, the General, to say thank you.
20 Thank you to you, to the cadets, to
21 all the graduates for their commitment and
22 dedication to our country and what you mean
23 not only to us here but to the people
24 throughout our great state and the people
25 throughout this great country. So thank you
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1 very much.
2 Thank you, Mr. President.
3 ACTING PRESIDENT BRESLIN: Thank
4 you, Senator Addabbo.
5 Senator Huntley.
6 SENATOR HUNTLEY: Yes,
7 Mr. President. I just would like to welcome
8 West Point to our chamber again.
9 Every year it's very important to
10 me, when they visit us, that I'm available.
11 And I met with them this morning, and I'm very
12 happy. And it really gives you a good feeling
13 to know that young people have made a choice
14 in life and it's a good choice.
15 Everything else basically has been
16 said about them. We all know how great they
17 are. But I just want to tell you my first
18 visit to West Point. Many years ago, we used
19 to go to West Point on field trips, take young
20 people and whatever. And it was very
21 impressive.
22 And on one of the trips, my husband
23 accompanied me as a chaperone. So when we get
24 to West Point, we're walking around and
25 meeting some of the cadets and whatever. I
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1 guess based on the fact that I'm a mother, I
2 started referring to them as "dear," "honey."
3 You know how sometimes mothers have those
4 expressions. So when we got on the bus to go
5 back, my husband said to me, he says, "How
6 dare you?" He said, "They're men. You can't
7 call them 'dear' and 'honey.'"
8 But anyway, today I made the same
9 error. I went over to one young man; when he
10 extended his hand, I said, "Oh, it's nice to
11 meet you, dear." So I hope he's not offended.
12 (Laughter.)
13 ACTING PRESIDENT BRESLIN: Thank
14 you very much, Senator Huntley.
15 Senator DeFrancisco.
16 SENATOR DeFRANCISCO: Yes, I'm
17 honored to have two cadets here today, Daniel
18 Walker and Dylan Potter.
19 And I just want to be brief,
20 because just about everything has been said.
21 My only message is thank you. Thank the two
22 of you, and all of you. You have made a great
23 choice but also a great sacrifice. And I know
24 that you've made that sacrifice understanding
25 full well of what your future will bring, and
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1 that is most likely you're going to be put in
2 harm's way.
3 Many people wouldn't have that
4 courage. Many people wouldn't have that
5 dedication to their country. And for myself,
6 for these two cadets and all the rest of the
7 cadets, thank you from the bottom of my heart.
8 You are the best of the best.
9 ACTING PRESIDENT BRESLIN: Thank
10 you, Senator DeFrancisco.
11 Senator McDonald.
12 SENATOR McDONALD: Thank you,
13 Mr. President.
14 I'd like to thank these guys
15 personally. I served in Vietnam as a forward
16 observer, on the Cambodian border and in
17 Cambodia with the U.S. Army's First Cavalry
18 Division. Last year I had an opportunity to
19 talk for the first time as a Senator, and I
20 thanked them. The first patrol I went on, my
21 commanding officer was a West Point graduate.
22 I thank you for what you've done
23 today. I fear, I pray, I'm concerned about
24 what you're going to be doing in the future.
25 I know you're prepared better than anybody on
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1 that battlefield. But I think all of us now
2 have seen enough television and talked to
3 enough veterans, this is going to be tough.
4 Iraq, Afghanistan, and who knows what in the
5 future.
6 It's tough on these men and women,
7 it's tough on their family structures, it's
8 tough economically. There are people -- when
9 they come home, we're going to be there for
10 them. We're going to be there for their
11 soldiers who work for them, who serve under
12 them, who in many cases come from lower
13 economic income levels, different parts of our
14 country, all different colors, all different
15 ethnic groups, all different religions.
16 That's what makes this country great. That's
17 that what makes West Point and our military
18 establishment great.
19 Senator Sampson said something very
20 significant. The integration of the American
21 military was one of the most significant
22 things in American history. It works. It
23 works for a lot of reasons. The most
24 important reason it works for is affection,
25 believe it or not, in a military unit.
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1 My second commanding officer in
2 Vietnam, and the hardest part over there I
3 had, was an African-American, Major Nelson
4 from Michigan. The number-two guy in my unit
5 was a captain, an Hispanic American from
6 Puerto Rico. We not only fought together, we
7 loved each other as brothers.
8 And when you get into those places
9 in Afghanistan, you get into those places in
10 Iraq, they've got one thing in mind: To hurt
11 Americans. All of us. God bless you for
12 standing up for us, protecting us. God bless
13 your families, your instructors. You're going
14 into some wild territory.
15 But we care. And when you come
16 back, we're going to be there. In the past,
17 this house, other houses, were not for
18 American soldiers, back in Korea and Vietnam.
19 But this house, other houses, our governors,
20 we've made up for that mistake. We're there
21 for you.
22 So this is no piece of cake you're
23 walking into. This is going to be harsh
24 reality. All the bombastic words of
25 politicians, you're going to be the folks that
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1 enforce them, and it's going to be hard. And
2 I just want to thank you, as just some
3 low-ranking soldier who never knew where I was
4 half the time in Vietnam and had to depend
5 upon folks like yourself so much.
6 Thank you for what you do. God
7 bless you.
8 ACTING PRESIDENT BRESLIN: Thank
9 you Senator McDonald.
10 Senator Marcellino.
11 SENATOR MARCELLINO: Thank you,
12 Mr. President.
13 And I want to thank the men and
14 women from West Point for coming here. Thank
15 you for what you do. You've heard the praises
16 from my colleagues.
17 And while you're out there
18 defending our freedoms and defending our great
19 country, I just want you to know something.
20 You have in this house a major defender of
21 West Point, a major person -- I won't call him
22 a major, I've got to call him a colonel.
23 Because there's no bigger proponent, there's
24 no better standard-bearer for your institution
25 than Colonel Larkin. And we call him "the
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1 Colonel" affectionately.
2 He loves West Point. He defends
3 West Point. God forbid and God help anyone
4 who says anything even remotely critical of
5 your great institution -- Colonel Larkin is in
6 their face in a second, in a heartbeat, he's
7 got your back, just like you have our backs.
8 We thank you, God bless you. And
9 say a prayer for this man, because he's there
10 for you every minute of the day. God bless
11 you folks.
12 ACTING PRESIDENT BRESLIN: Thank
13 you, Senator Marcellino.
14 Senator Foley -- Senator Farley,
15 please. Excuse me.
16 SENATOR FARLEY: Foley, Farley,
17 they sound alike.
18 Let me thank you for your service,
19 for all of you. And, you know, these are very
20 dangerous times, and you are the people that
21 protect us.
22 And let me just say something as a
23 veteran and as a law professor. What a fine
24 institution you have. There's several
25 presidents coming from your school. And
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1 besides an institution that trains young men
2 and women to represent our country, you're
3 really a fine academic institution. And we're
4 very, very proud of that.
5 I do want to pay tribute to my two
6 cadets that are here, Brittany Fearnside, who
7 comes from my hometown of Niskayuna, and also
8 Marc Meybaum, from Wilton and Gansevoort.
9 We're very, very proud of you.
10 And I have to say again, thank you
11 for your service. But you're such a -- your
12 entire West Point institution is loved, not
13 only by this body but by the general public at
14 large. We're very, very grateful for your
15 service. And thank you and Godspeed.
16 ACTING PRESIDENT BRESLIN: Thank
17 you, Senator Farley.
18 Senator Leibell.
19 SENATOR LEIBELL: Thank you,
20 Mr. President.
21 And as the ranking member on the
22 Committee on Veterans, Homeland Security and
23 Military Affairs, I want to join with my
24 colleagues in welcoming you to Albany and to,
25 in particular, the State Senate chamber.
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1 We have so many wonderful things
2 about New York State, many honors for New York
3 State. But I cannot think of any greater
4 honor for New York than having the United
5 States Military Academy within its borders,
6 the Long Gray Line.
7 Now, my district is just on the
8 other side of the Hudson from you, Cold
9 Spring. So I can hear, from my side of the
10 river, reveille, and I can hear taps. And I
11 think of you fellows and ladies frequently
12 over there. My lifestyle is a little bit
13 easier than what you're going through.
14 But I do want to thank you for what
15 you're doing. And I hope you'll go back to
16 barracks, to your roommates, and let them know
17 that we appreciate you, we love you, and we
18 congratulate you for serving this greatest of
19 all nations. You are appreciated.
20 Thank you.
21 ACTING PRESIDENT BRESLIN: Thank
22 you, Senator Leibell.
23 Are there any other Senators
24 wishing to be heard on the resolution?
25 Hearing none, the question is on
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1 the resolution. All those in favor please
2 signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT BRESLIN:
5 Opposed, nay.
6 (No response.)
7 ACTING PRESIDENT BRESLIN: The
8 resolution is adopted.
9 Senators Larkin and Adams have
10 indicated they would like to open up the
11 resolution to cosponsorship by the entire
12 house. Any Senator not wishing to be on the
13 resolution please notify the desk.
14 Senator Klein.
15 SENATOR KLEIN: Mr. President, at
16 this point, with unanimous consent, I would
17 like to ask Brigadier General William E. Rapp
18 to step to the podium in order to address the
19 Senate.
20 ACTING PRESIDENT BRESLIN: Thank
21 you, Senator Klein.
22 General Rapp.
23 (Standing ovation.)
24 GENERAL RAPP: I must admit to
25 being taken aback by that applause.
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1 I thank you for all of your service
2 to this great state, and I thank the cadets
3 who are here.
4 Senator Colonel Larkin, Senator
5 Adams, the members of the Veterans, Homeland
6 Security, and Military Affairs Committee, all
7 of those who have served our country in the
8 armed forces, and to this distinguished body
9 in the Senate, thank you for having us up
10 here. The Military Academy absolutely
11 treasures and appreciates West Point Day held
12 each year in Albany.
13 I personally am glad to be here.
14 My family has strong ties to New York. My
15 mother was born and raised in a little town
16 called LeRoy, just west of Rochester. And my
17 dad was in the Army. I moved around a lot,
18 but I spent 10 years of my 48 living in
19 New York State. So it's especially fun for me
20 to be here today.
21 The Army has a strong presence, as
22 you know, in New York and greatly appreciates
23 the tremendous support that the Legislature,
24 towns and communities and families throughout
25 New York have given our mission in so many
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1 ways.
2 Last year the Army needed 107,000
3 soldiers to enlist. New York continues to
4 answer that call and last year put in 3,800
5 New Yorkers into the regular Army and over
6 1300 into the Reserves.
7 We have two major military
8 installations in New York State. Right now
9 there's 17,000 soldiers stationed at
10 Fort Drum, many currently deployed away from
11 home in harm's way. And along with these
12 soldiers, there's almost 15,000 family members
13 in the Fort Drum area. So on behalf of all
14 those who climb to glory with the 10th
15 Mountain Division Team and community, I thank
16 you for your support you continue to give to
17 them.
18 West Point is a slightly smaller
19 military installation. We've got nearly 4,000
20 active-duty service members and their
21 families, in addition to the 4500 cadets. But
22 our mission is large. It's our job to produce
23 leaders of character for our Army and for this
24 great nation. And the Academy could not
25 accomplish this mission without the continued
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1 support of the New York Legislature and the
2 surrounding communities outside our gates.
3 The people of New York and the
4 installation of West Point have a long and an
5 illustrious history of military service going
6 back to the founding of our nation. Soldiers
7 from this great state were instrumental in the
8 stunning American victory at Saratoga, which
9 was the turning point in the Revolutionary
10 War. West Point is the longest continually
11 garrisoned military installation in the
12 country. And it protected this City of Albany
13 from the British troops who owned New York
14 City from coming up, using the Hudson to split
15 the colonies in half during the Revolutionary
16 War.
17 Today New York has one of the
18 largest veterans populations in the nation,
19 with over 1 million of the nearly 24 million
20 living veterans. And veterans of New York
21 have served their country in all branches of
22 the military, on active duty as well as the
23 Guard and Reserves.
24 And you continue to provide West
25 Point with your outstanding sons and
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1 daughters, and I thank you for that. Over 300
2 New Yorkers are currently serving as cadets at
3 the United States Military Academy, and
4 they're excelling every day.
5 Our cadets, our cadets and staff
6 and faculty appreciate the support of New York
7 and strive to give back to the communities,
8 through service projects such as Habitat for
9 Humanity and Special Olympics, as you've
10 heard, through academic outreach programs,
11 through sports clinics and military
12 demonstrations.
13 Today, along with Cadet Tyler
14 Gordy, the First Captain of the Corps of
15 Cadets, who hails from the State of
16 California, I brought with us these members of
17 your great state, New York. And I'm proud of
18 these young men and women. They have signed
19 up to serve our country at a time of war.
20 You'll notice that five of them are
21 seniors. On the 22nd of May they'll graduate,
22 become second lieutenants in the United States
23 Army, and go start serving in our country.
24 The likelihood is high that all five will be
25 in harm's way this time next year.
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1 Among this group to my left you'll
2 find athletes, members of national
3 championship teams, Dean's List students,
4 cadet leaders, first-generation Americans
5 benefiting from the opportunities of this
6 great nation, those with strong family ties to
7 the Academy and with military relatives
8 currently serving in support of GWOT. They
9 are all future leaders of our country, and
10 they've all signed up to live above the common
11 level of life. And I'm very proud of them, as
12 you can be as well.
13 Leaders are made, not born, and
14 that's what we try to do at West Point. We
15 challenge them every day. We challenge them
16 physically and academically. We challenge
17 them to excel. We challenge them to reach
18 above that common level of life.
19 And we cannot do that without the
20 support of this great state and of you all,
21 and the relationship we have with New York is
22 critical to our success.
23 I'd ask you to come, please see
24 your Academy. Come to West Point. See how
25 beautiful of a place it is, and see what is
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1 happening there.
2 I want to thank you for today.
3 It's an absolute honor to be here. And I'll
4 have to end as I always do: Go Army, beat
5 Navy.
6 (Laughter.)
7 (Standing ovation.)
8 ACTING PRESIDENT BRESLIN: Thank
9 you very much, General Rapp.
10 Senator Klein.
11 SENATOR KLEIN: Mr. President, at
12 this time can we please go to a reading of the
13 calendar.
14 ACTING PRESIDENT BRESLIN: The
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 298, by Senator Parker, Senate Print 3601C, an
18 act to amend the Social Services Law.
19 SENATOR WINNER: Lay it aside.
20 ACTING PRESIDENT BRESLIN: The
21 bill is laid aside.
22 SENATOR KLEIN: Lay it aside for
23 the day, please.
24 ACTING PRESIDENT BRESLIN: The
25 bill is laid aside for the day.
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1 THE SECRETARY: Calendar Number
2 357, by Member of the Assembly Latimer,
3 Assembly Print Number 5894A, an act to amend
4 the Public Health Law.
5 ACTING PRESIDENT BRESLIN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BRESLIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BRESLIN:
13 Announce the results.
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT BRESLIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 370, by Senator Stachowski, Senate Print 6748,
19 an act to amend the Highway Law.
20 ACTING PRESIDENT BRESLIN: Read
21 the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BRESLIN: Call
25 the roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT BRESLIN:
3 Announce the results.
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT BRESLIN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 375, by Senator Stachowski, Senate Print 7149,
9 an act to amend the Alcoholic Beverage Control
10 Law.
11 ACTING PRESIDENT BRESLIN: Read
12 the last section.
13 THE SECRETARY: Section 9. This
14 act shall take effect on the 180th day.
15 ACTING PRESIDENT BRESLIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BRESLIN:
19 Announce the results.
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT BRESLIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 383, by Senator Aubertine, Senate Print --
25 SENATOR KLEIN: Lay the bill
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1 aside for the day, please.
2 ACTING PRESIDENT BRESLIN: The
3 bill is laid aside for the day.
4 THE SECRETARY: Calendar Number
5 389, by Senator Foley --
6 SENATOR KLEIN: Lay the bill
7 aside for the day, please.
8 ACTING PRESIDENT BRESLIN: The
9 bill is laid aside for the day.
10 THE SECRETARY: Calendar Number
11 391, by Senator Stewart-Cousins, Senate Print
12 7241, an act to amend the Town Law.
13 ACTING PRESIDENT BRESLIN: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BRESLIN: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BRESLIN:
21 Announce the results.
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT BRESLIN: The
24 bill is passed.
25 Senator Klein, that completes the
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1 reading of the noncontroversial calendar.
2 SENATOR KLEIN: Mr. President, is
3 there any further business at the desk?
4 ACTING PRESIDENT BRESLIN: Excuse
5 me, Senator.
6 Senator Winner, why do you rise?
7 SENATOR WINNER: Senator Breslin,
8 we would like to have an immediate Republican
9 conference after session. Thank you.
10 ACTING PRESIDENT BRESLIN:
11 Senator Klein.
12 SENATOR KLEIN: Mr. President, is
13 there any further business at the desk?
14 ACTING PRESIDENT BRESLIN: There
15 is no further business at the desk, Senator
16 Klein.
17 SENATOR KLEIN: There being no
18 further business, Mr. President, I move that
19 we adjourn at the call of the Temporary
20 President, intervening days to be legislative
21 days.
22 ACTING PRESIDENT BRESLIN: First
23 of all, there is an immediate meeting of the
24 Senate Republican Conference in their
25 conference room after session.
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1 And you are reminded that there is
2 a West Point luncheon in Room 332 at 1:00 p.m.
3 There being no further business to
4 come before the Senate, on motion, the Senate
5 stands adjourned at the call of the Temporary
6 President, intervening days being legislative
7 days.
8 (Whereupon, at 12:11 p.m., the
9 Senate adjourned.)
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