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1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 January 6, 2009 11 12:36 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 19 LIEUTENANT GOVERNOR RICHARD RAVITCH, President 20 ANGELO J. APONTE, Secretary 21 22 23
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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.) 14 15 16 17 18 19 20 21 22 23
24
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