Regular Session - February 1, 2011

                                                            594



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                   February 1, 2011

        11                      12:11 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR JOHN J. FLANAGAN, Acting President

        19  FRANCIS W. PATIENCE, Secretary

        20

        21

        22

        23

        24

        25



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

         2                  ACTING PRESIDENT FLANAGAN:    The

         3       Senate will come to order.

         4                  I ask everyone to rise and repeat

         5       the Pledge.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  ACTING PRESIDENT FLANAGAN:    In

         9       the absence of clergy, I would ask that we bow

        10       our heads in a moment of silence.

        11                  (Whereupon, the assemblage

        12       respected a moment of silence.)

        13                  ACTING PRESIDENT FLANAGAN:    The

        14       reading of the Journal.

        15                  THE SECRETARY:    In Senate,

        16       Monday, January 31, the Senate met pursuant to

        17       adjournment.  The Journal of Sunday,

        18       January 30, was read and approved.  On motion,

        19       Senate adjourned.

        20                  ACTING PRESIDENT FLANAGAN:

        21       Without objection, the Journal stands approved

        22       as read.

        23                  Presentation of petitions.

        24                  Messages from the Assembly.

        25                  Messages from the Governor.



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         1                  Reports of standing committees.

         2                  Reports of select committees.

         3                  Communications and reports from

         4       state officers.

         5                  Motions and resolutions.

         6                  Senator Libous.

         7                  SENATOR LIBOUS:    Thank you,

         8       Mr. President.

         9                  At this time could we please adopt

        10       the Resolution Calendar.

        11                  ACTING PRESIDENT FLANAGAN:    All

        12       in favor of adopting the Resolution Calendar

        13       signify by saying aye.

        14                  (Response of "Aye.")

        15                  ACTING PRESIDENT FLANAGAN:

        16       Opposed, nay.

        17                  (No response.)

        18                  ACTING PRESIDENT FLANAGAN:    The

        19       resolution calendar is adopted.

        20                  Senator Libous.

        21                  SENATOR LIBOUS:    Thank you,

        22       Mr. President.

        23                  Mr. President, I believe that

        24       there's a privileged resolution at the desk by

        25       Senator Young.  May we please have the title



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         1       read and move for its immediate adoption.

         2                  ACTING PRESIDENT FLANAGAN:    The

         3       Secretary will read.

         4                  THE SECRETARY:    By Senator Young,

         5       Legislative Resolution Number 412,

         6       commemorating the 200th Anniversary of

         7       Chautauqua County, New York.

         8                  ACTING PRESIDENT FLANAGAN:

         9       Senator Young.

        10                  SENATOR YOUNG:    Thank you,

        11       Mr. President.

        12                  It's with great pride that we pass

        13       this resolution today.  As you know,

        14       Chautauqua County is the furthest county west

        15       in the State of New York.  It's a land of

        16       great lakes and beautiful lakes, and it's a

        17       place where people are just wonderful.

        18                  So I just want to say to everyone,

        19       thank you for your support today.  We are

        20       looking forward to an entire year of

        21       celebration honoring our 200th birthday in

        22       Chautauqua County.

        23                  Thank you.

        24                  ACTING PRESIDENT FLANAGAN:    The

        25       question is on the resolution.  All those in



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         1       favor signify by saying aye.

         2                  (Response of "Aye.")

         3                  ACTING PRESIDENT FLANAGAN:

         4       Opposed, nay.

         5                  (No response.)

         6                  ACTING PRESIDENT FLANAGAN:    The

         7       resolution is adopted.

         8                  Senator Libous.

         9                  SENATOR LIBOUS:    Thank you,

        10       Mr. President.

        11                  I believe there is a privileged

        12       resolution at the desk by Senator

        13       Hassell-Thompson.  Could we please have it

        14       read in its entirety and then please call on

        15       Senator Hassell-Thompson, please.

        16                  ACTING PRESIDENT FLANAGAN:    The

        17       Secretary will read.

        18                  THE SECRETARY:    By Senator

        19       Hassell-Thompson, Legislative Resolution

        20       Number 411, honoring Sergeant Deon L. Taylor

        21       posthumously upon the occasion of his

        22       designation for special recognition by the

        23       New York Army National Guard.

        24                  "WHEREAS, Members of the armed

        25       services from the State of New York, who have



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         1       served so faithfully and courageously in wars

         2       in which our nation's freedom was at stake, as

         3       well as in the preservation of peace during

         4       peacetime, deserve a special salute from this

         5       Legislative Body; and

         6                  "WHEREAS, this Legislative Body is

         7       justly proud to honor Sergeant Deon L. Taylor

         8       posthumously upon the occasion of his

         9       designation for special recognition by the

        10       New York Army National Guard, to be celebrated

        11       at its Black History Month Kick-Off

        12       celebration on Tuesday, February 1, 2011; and

        13                  "WHEREAS, This year's national

        14       theme is 'An African-American Tribute to Our

        15       Troops and Their Families'; and

        16                  "WHEREAS, This special celebration

        17       will include the name of Sergeant Deon Taylor

        18       as a recipient of state recognition.  This

        19       particular award was established as one of the

        20       Empire State's highest honors for community

        21       service; and

        22                  "WHEREAS, Sergeant Deon Taylor grew

        23       up in the Bronx, New York, dreaming about

        24       making a difference in other people's lives.

        25       According to his grandmother, Shirley Taylor,



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         1       'he always wanted to be a cop, ever since he

         2       was a little boy he always wanted to help';

         3       and

         4                  "WHEREAS, Sergeant Deon Taylor went

         5       to high school in Lewiston, Maine, where he

         6       was a notable athlete.  After high school, he

         7       joined the New York Army National Guard in

         8       1997 and was based with the 27th Brigade

         9       Combat Team in Syracuse.  He later transferred

        10       to the 1st Battalion, 258th Field Artillery in

        11       the Bronx; and

        12                  "WHEREAS, In 2003 Sergeant Deon

        13       Taylor graduated from Old Westbury College in

        14       Long Island with a degree in sociology and

        15       criminology.  He joined in New York Police

        16       Department in 2005 as a transit cop, and a

        17       year later he was promoted to the Narcotics

        18       Division in Brooklyn; and

        19                  "WHEREAS, Sergeant Deon Taylor

        20       faced danger daily as an undercover narcotics

        21       operative.  Police Commissioner Raymond Kelly

        22       said 'Deon Taylor made a difference in his

        23       short time on the force.  He took the most

        24       dangerous drugs off the streets, along with

        25       obtaining crucial evidence that led to search



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         1       warrants.  He did it all while remaining

         2       modest, polite and respectful of others'; and

         3                  "WHEREAS, Sergeant Deon Taylor was

         4       a dedicated family man who lived upstate with

         5       his 8-year-old son, DaRue.  He was truly a

         6       devoted, hands-on father.  He also cared for

         7       his mother, Pamela; and

         8                  "WHEREAS, Sergeant Deon Taylor was

         9       a fire-direction specialist, zeroing in on

        10       terrorist targets when he was killed in

        11       Western Afghanistan on October 22, 2008, just

        12       as he was nearing the end of his deployment

        13       and planning an August wedding to his fiancee,

        14       Caitlin Casey.  Sergeant Deon Taylor

        15       courageously served his city at home and his

        16       nation abroad; and

        17                  "WHEREAS, This Legislative Body is

        18       moved with great respect and reverent esteem,

        19       and on behalf of all of the citizens of the

        20       Empire State, to renew its tribute to the men

        21       and women of New York State who so

        22       courageously served their state and nation in

        23       defense of freedom and democracy; now,

        24       therefore, be it

        25                  "RESOLVED, That this Legislative



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         1       Body pause in its deliberations to honor

         2       Sergeant Deon L. Taylor posthumously upon the

         3       occasion of his designation for special

         4       recognition by the New York Army National

         5       Guard; and be it further

         6                  "RESOLVED, That a copy of this,

         7       suitably engrossed, be transmitted to Sergeant

         8       Taylor's parents, Leon and Pamela."

         9                  ACTING PRESIDENT FLANAGAN:

        10       Senator Hassell-Thompson.

        11                  SENATOR HASSELL-THOMPSON:    Thank

        12       you, Mr. President.

        13                  I rise to thank this body for

        14       allowing this resolution to be read in its

        15       entirety.

        16                  The parents of Deon Taylor are from

        17       my district, and they are so pleased tonight

        18       that the Governor is going to honor his memory

        19       at the African-American recognition ceremony.

        20                  And I wanted to be able to present

        21       this resolution on behalf of the State Senate,

        22       in thanks to him for the life that he lived

        23       and for the service that he gave to his

        24       country and certainly to the State of

        25       New York.  He made us proud.



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         1                  So I thank you, Mr. President, for

         2       allowing me to opportunity to address his

         3       memory and to congratulate his family on being

         4       the recipient of this award posthumously.

         5                  ACTING PRESIDENT FLANAGAN:    Thank

         6       you, Senator Hassell-Thompson.

         7                  Senator Larkin, on the resolution.

         8                  SENATOR LARKIN:    Thank you,

         9       Mr. President.

        10                  And I want to thank Senator

        11       Hassell-Thompson for putting this resolution

        12       in.

        13                  Too often we forget that young men

        14       and women are sent daily on a mission in

        15       harm's way.  I see our good Deputy Minority

        16       Leader looking here; he can tell you his own

        17       experience with his brothers.  His brother was

        18       a very well decorated Vietnam veteran, highly

        19       decorated, Silver Star and others.

        20                  But this is a case of a young man

        21       that we're seeing on a regular basis.  Last

        22       weekend there were eight Americans that were

        23       killed.  There was a NATO group killed.  And,

        24       you know, sometimes we as individuals and as

        25       group fail to sit and take a moment and



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         1       reflect on what commitment these young people

         2       have made for this great country of ours.

         3                  If you look at Senator McDonald,

         4       combat veteran, Vietnam, Cambodia.  And then

         5       we have young kids today, Iraq and

         6       Afghanistan, some of them on their third and

         7       fourth time.  They've been wounded the first

         8       time, maybe the second time.  But on the third

         9       and fourth, the mailman comes up and says

        10       "Your son was killed in action."

        11                  It isn't an easy thing.  We don't

        12       sometimes grasp what the nation we have is

        13       doing and how we're treating our young people.

        14       This is a National Guard person.  A lot of

        15       people say to me, Well, the National Guard,

        16       well, they're not in combat.  Listen, I

        17       remember them in combat in World War II and in

        18       Korea and in Vietnam.

        19                  This is a young life that has been

        20       taken away from us.  And you never really

        21       understand it.

        22                  My first killed in action was

        23       August the 4th, 2:30, 1950.  I will never

        24       forget it.  And some commander of Taylor's

        25       group will never forget it.  And we as a body



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         1       should never forget.

         2                  I don't think it's funny, Senator.

         3       I don't think it's very funny at all.  This is

         4       a very serious matter.  You might not think it

         5       is, but I do.  I'll never disrespect you when

         6       you're on the floor.  Don't disrespect me.

         7                  So I say this is a resolution.

         8       Maybe we all ought to get a copy of it and

         9       think about what he did for us that makes us

        10       the greatest nation in the world, because we

        11       have men and women who volunteer, raise their

        12       right hand and say "I will serve my country,

        13       and I will defend and protect you."

        14                  Thank you very much, Senator

        15       Hassell-Thompson.

        16                  ACTING PRESIDENT FLANAGAN:    Thank

        17       you, Senator Larkin.

        18                  Is there any other Senator wishing

        19       to be heard on the resolution?

        20                  Seeing none, the question is on the

        21       resolution.  All those in favor signify by

        22       saying aye.

        23                  (Response of "Aye.")

        24                  ACTING PRESIDENT FLANAGAN:

        25       Opposed, nay.



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         1                  (No response.)

         2                  ACTING PRESIDENT FLANAGAN:    The

         3       resolution is adopted.

         4                  Senator Libous.

         5                  SENATOR LIBOUS:    Mr. President,

         6       is there any further business at the desk?

         7                  ACTING PRESIDENT FLANAGAN:    There

         8       is none, Senator Libous.

         9                  SENATOR LIBOUS:    Mr. President,

        10       at this time I ask that we all join together,

        11       those who wish to go as a group or

        12       individually to the Hart Theater for the

        13       Governor's budget presentation.

        14                  And there being no further

        15       business, Mr. President, before the Senate

        16       today, I would ask that we adjourn until

        17       Monday, February 7th, at 3:00 p.m.,

        18       intervening days being legislative days.

        19                  ACTING PRESIDENT FLANAGAN:    On

        20       motion, the Senate stands adjourned until

        21       Monday, February 7th, at 3:00 p.m.,

        22       intervening days being legislative days.

        23                  (Whereupon, at 12:22 p.m., the

        24       Senate adjourned.)

        25



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