Regular Session - February 23, 2010

                                                            905



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                   February 23, 2010

        11                       5:00 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR NEIL D. BRESLIN, Acting President

        19  ANGELO J. APONTE, 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 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:

         9       Today's invocation will be provided by

        10       Dr. Hector A. Chiesa, bishop of the Church of

        11       God in the Bronx.

        12                  Bishop.

        13                  BISHOP CHIESA:    Thank you.

        14                  We pray in two languages today, in

        15       the language of Cervantes, in the language of

        16       Shakespeare.  Let's pray together.

        17                  [In Spanish.]

        18                  O God of love, we invoke your

        19       presence in this great event where the

        20       Honorable Senator John Sampson, the Honorable

        21       Senator Ruben Diaz, the State Senate, and the

        22       Puerto Rican and Latino Caucus has seen fit to

        23       celebrate, for the first time in history, the

        24       Dominican Heritage Month.

        25                  Lord, allow Your presence to



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         1       saturate this place and bless every

         2       legislator.  Thank You for your immense love

         3       and for all You have been doing for all of us,

         4       especially for the 800,000 Dominicans in our

         5       Empire State, especially in the City of

         6       New York.

         7                  In this year 2010 I ask, O Lord, to

         8       illuminate us so that we can comply with the

         9       tasks assigned to us.  Allow us to understand

        10       that we are your creations and your creatures.

        11       Make us in your image, insanguine God.  Help

        12       us know and fill the needs of our fellow man.

        13       Allow us to recognize in our fellow man the

        14       divine spark that makes him our brother, his

        15       human spark that makes him our friend, his

        16       special spark that makes him an individual

        17       deserving everyone's respect.

        18                  Grant us, O God, the ability to

        19       satisfy fully each member of our families, to

        20       be able to fulfill the citizen's

        21       responsibilities of healthy coexistence in our

        22       communities and in our state, to comply with

        23       our social responsibilities, serving our

        24       community efficiently and effectively in our

        25       neighborhoods, especially in the City of



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         1       New York and the South Bronx.

         2                  O, Almighty God, please allow this

         3       sense of recognition toward our Dominican

         4       brothers generate cooperation and solidarity.

         5       Move us, Lord, to act to human beings in these

         6       troubling times with full hearts.  Today,

         7       Haiti needs us.  Tomorrow, it may be us who

         8       are needy.

         9                  O God, help us to increase our

        10       faith, love and charity.  And bless America,

        11       and bless our Senate.

        12                  Amen.

        13                  ACTING PRESIDENT BRESLIN:    Thank

        14       you, Bishop.

        15                  The reading of the Journal.

        16                  The Secretary will read.

        17                  THE SECRETARY:    In Senate,

        18       Monday, February 22, the Senate met pursuant

        19       to adjournment.  The Journal of Friday,

        20       February 19, was read and approved.  On

        21       motion, Senate adjourned.

        22                  ACTING PRESIDENT BRESLIN:

        23       Without objection, the Journal stands approved

        24       as read.

        25                  Presentation of petitions.



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         1                  Messages from the Assembly.

         2                  Messages from the Governor.

         3                  Reports of standing committees.

         4                  Reports of select committees.

         5                  Communications and reports from

         6       state officers.

         7                  Motions and resolutions.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Mr. President, I

        10       have two motions.

        11                  First, on behalf of Senator Ruth

        12       Hassell-Thompson, I move to amend Senate Bill

        13       Number 4027A by striking out the amendments

        14       made on 11/17, 2009, and restoring it to its

        15       original print number 4027.

        16                  ACTING PRESIDENT BRESLIN:    So

        17       ordered.

        18                  SENATOR KLEIN:    The second, on

        19       behalf of Senator Squadron, on page 13 I offer

        20       the following amendments to Calendar Number

        21       97, Senate Print Number 3775B, and ask that

        22       said bill retain its place on Third Reading

        23       Calendar.

        24                  ACTING PRESIDENT BRESLIN:    So

        25       ordered.



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         1                  Senator Klein.

         2                  SENATOR KLEIN:    Mr. President,

         3       will you please recognize Senator Padavan.

         4                  ACTING PRESIDENT BRESLIN:

         5       Senator Padavan.

         6                  SENATOR PADAVAN:    Thank you,

         7       Mr. President.

         8                  On behalf of Senator DeFrancisco, I

         9       move that the following bills be discharged

        10       from their respective committees and be

        11       recommitted with instructions to strike the

        12       enacting clause:  Senate Bill 1514, 1515,

        13       2725, and 2856.

        14                  ACTING PRESIDENT BRESLIN:    So

        15       ordered.

        16                  Senator Klein.

        17                  SENATOR KLEIN:    Mr. President, I

        18       believe Senator Sampson has a resolution at

        19       the desk.  I ask that the resolution be read

        20       in its entirety and move for its immediate

        21       adoption.

        22                  ACTING PRESIDENT BRESLIN:

        23       Senator Klein, has the resolution been deemed

        24       privileged and submitted to the office of the

        25       Temporary President?



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         1                  SENATOR KLEIN:    Yes, it has,

         2       Mr. President.

         3                  ACTING PRESIDENT BRESLIN:    The

         4       Secretary will read.

         5                  THE SECRETARY:    By Senator

         6       Sampson, legislative resolution calling upon

         7       Governor David A. Paterson to immediately

         8       abandon his intention to delay the refunding

         9       of individual and business income tax

        10       overpayments and refund those overpayments

        11       with all deliberate speed.

        12                  "WHEREAS, Governor David A.

        13       Paterson announced as recently as February 16,

        14       2010, his intention to delay payment of

        15       approximately $500 million in personal income

        16       tax refunds owed to New York State taxpayers;

        17       and

        18                  "WHEREAS, The hard economic times

        19       in which hardworking individuals and families

        20       across the state presently find themselves

        21       make it critically important for the state to

        22       remit personal income tax refunds as

        23       expeditiously as possible in order to meet the

        24       dire needs of taxpayers struggling to make

        25       necessary purchases and meet their financial



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         1       obligations; and

         2                  "WHEREAS, Governor Paterson has

         3       also announced his intention to delay payment

         4       of approximately $200 million in business tax

         5       refunds; and

         6                  "WHEREAS, Many small and large

         7       businesses depend upon the timely receipt of

         8       their tax refunds to support the ongoing

         9       economic and marketplace activity driving

        10       their loyal and regional economies; and

        11                  "WHEREAS, The residents, businesses

        12       and taxpayers generally in the state have

        13       already shared the sacrifices imposed upon

        14       them by recent cuts in vital programs; now,

        15       therefore, be it

        16                  "RESOLVED, That this Legislative

        17       Body pause in its deliberations to call upon

        18       Governor David A. Paterson to immediately

        19       abandon his intention to delay the refunding

        20       of individual and business income tax

        21       overpayments and refund those tax overpayments

        22       with all deliberate speed; and be it further

        23                  "RESOLVED, That a copy of this

        24       resolution, suitably engrossed, be transmitted

        25       to the Honorable David A. Paterson, Governor



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         1       of the State of New York."

         2                  ACTING PRESIDENT BRESLIN:

         3       Senator Winner.

         4                  SENATOR WINNER:    Thank you,

         5       Mr. President.  On the resolution.

         6                  I would thank Senator Sampson for

         7       introducing this resolution and certainly join

         8       with him in the desire on a bipartisan basis

         9       that we encourage and are successful in

        10       getting the Governor to withdraw any intention

        11       of delaying the refunds that are due to the

        12       hardworking taxpayers of the State of

        13       New York.

        14                  As some of you may know, I think

        15       that there is a better way to do this,

        16       however -- a way that is much more effective,

        17       and a way that is also being sought on a

        18       bipartisan basis.  And that is to enact

        19       legislation that was introduced and ready for

        20       action by this Legislature and the Assembly to

        21       require that these refunds be processed in a

        22       30-day period and have that legislation in

        23       place prior to the Governor being able to

        24       undertake these actions to deprive the

        25       taxpayers of their hardworking dollars.



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         1                  You know, I just think that it is

         2       unfortunate that, you know, if you are a

         3       taxpayer in this state you certainly, if you

         4       want to put your shoe on the other foot, you

         5       know what happens to you if you delay your

         6       payments to the State of New York.  They're

         7       certainly all over you with interest and

         8       penalties as fast as they possibly can get the

         9       notice out.

        10                  All I'm saying here is that if it's

        11       true that they can process these things as

        12       fast as they're now indicating that they can,

        13       that this legislation that would require those

        14       refunds to be made within 30 days is a

        15       reasonable approach and something that I would

        16       hope we could embrace on a bipartisan basis.

        17                  I see my good friend from the

        18       Assembly, my cosponsor of this legislation, is

        19       even in the chamber:  Assemblyman Brodsky.

        20       And I know Assemblyman Brodsky and I would be

        21       glad to work together to make sure that this

        22       legislative proposal is enacted into law to

        23       protect our taxpayers going down the road who

        24       need that money, as this resolution points

        25       out, ASAP, not only for their own needs and



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         1       their bills and as they struggle to make it in

         2       this state, but also our economies throughout

         3       this state need the infusion of those dollars

         4       back as soon as possible.

         5                  The State of New York should not be

         6       able to live off the float of the taxpayers of

         7       the State of New York.  They should be

         8       required to return the money that is duly not

         9       theirs as fast as possible.  And the

        10       legislative proposal under Senate 3985 would

        11       do that.

        12                  And to that end, pursuant to Rule

        13       11, Section 3, I have proposed a petition

        14       which would seek signatures from the other

        15       side of the aisle.  All members of this side

        16       have duly acknowledged their willingness to

        17       join with that.  We need 38 members, under our

        18       rules, in order to get that bill on the floor.

        19                  And if we can get any of you over

        20       there to be willing to be bipartisan with

        21       respect to this issue, sign onto this position

        22       petition, we can get this done, and we can

        23       have that bill on the floor on Monday and we

        24       can make sure that it gets sent down to the

        25       Governor as soon as possible to show a real



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         1       deliberative effort to make sure that we're

         2       not delaying these refunds any longer.

         3                  Thank you.

         4                  ACTING PRESIDENT BRESLIN:    Thank

         5       you, Senator Winner.

         6                  Senator Marcellino.

         7                  SENATOR MARCELLINO:    Thank you,

         8       Mr. President.

         9                  I too would like to add my voice to

        10       thanking Senator Sampson for putting this

        11       resolution on the floor.

        12                  I do endorse my colleague Senator

        13       Winner's concept and his idea of a bill, and I

        14       think that's a good idea that we should do

        15       that in addition.  But I think right now I

        16       want to see that the overburdened taxpayers of

        17       this state, the people who have paid more

        18       money to this state than they are required to

        19       pay -- this is a refund.  This is not our

        20       money, this is not the state's money, this is

        21       not the government's money, it's not the

        22       Governor's money.  It's the people's money.

        23       They deserve it back.  They deserve it back as

        24       quickly as possible and without any delays and

        25       without any chicanery.



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         1                  It's got to go back -- this money

         2       pays bills.  People budget based on their tax

         3       refunds.  They're waiting for this money at

         4       their homes in order to get their refunds and

         5       to pay certain bills -- mortgage payments,

         6       rent payments, food payments, school payments.

         7       Things like that are all due, and this money

         8       is used to pay all of those things.

         9                  So for the Governor to suggest that

        10       we should hold this money back -- which as I

        11       said earlier is not our money, it's their

        12       money.  It's the taxpayers' money, it's the

        13       people's money, and they should get it back.

        14                  And once again, Senator Sampson, a

        15       good idea, a good resolution.  I'm going to

        16       vote in favor of it, and I hope everybody else

        17       does.

        18                  And I hope we also support Senator

        19       Winner's proposal.  It's a good one.  Let's

        20       make this a law that this cannot ever be done

        21       again, that this tax refund should go back to

        22       the people as quickly as possible.  Because as

        23       I said, again, it is not our money, it is the

        24       taxpayers' money, and they deserve it back as

        25       quickly as possible.



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         1                  Once again, thank you, sir.  Thank

         2       you, Mr. President.

         3                  ACTING PRESIDENT BRESLIN:    Thank

         4       you, Senator Marcellino.

         5                  Senator Fuschillo.

         6                  SENATOR FUSCHILLO:    Thank you,

         7       Mr. President.

         8                  Just briefly, let me just thank my

         9       colleague Senator Sampson for this resolution.

        10       Senator, you've laid the groundwork for a

        11       budget this year that can't raise taxes or

        12       can't raise fees.  And in your resolution you

        13       mention refund tax overpayments.  That's, as

        14       Senator Marcellino said, individuals' money

        15       who paid too much in taxes.

        16                  When the Governor first proposed

        17       this, I received so many calls to my office,

        18       like many of my colleagues here, from people

        19       that were shocked and devastated.  They

        20       budgeted this money being returned to them.

        21       They budget this money to pay their bills, to

        22       pay their mortgage and other necessities in

        23       everyday life.

        24                  Senator Winner's bill is important.

        25       At a minimum, they should get their refund



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         1       within 30 days.  I proudly signed that

         2       petition, and I encourage my colleagues to do

         3       it as well.

         4                  Senator Sampson, we need keep on

         5       this mode, we need to keep on this path and

         6       this avenue of an understanding that people

         7       are taxed too much, they're fee'd too much.

         8       I've said it before, that New York State is

         9       taxing and feeing them to death.  This

        10       resolution is a step in the right direction; I

        11       proudly support it.

        12                  Thank you.

        13                  ACTING PRESIDENT BRESLIN:    Thank

        14       you, Senator Fuschillo.

        15                  Are there any other Senators

        16       wishing to be heard on the resolution?

        17                  Senator Larkin.

        18                  SENATOR LARKIN:    Thank you,

        19       Mr. President.  Thank you, Senator Sampson.

        20       And thank you, Senator Winner.

        21                  You know, when you get to be my

        22       age, you look around and see how people spend

        23       their money and watch their money.  During our

        24       vacation -- our vacation?  That's not right.

        25       During our slushing home for 10 days, I went



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         1       to shopping centers and I went to malls and I

         2       went to the store and train stations, getting

         3       accustomed, as I always do.  And people,

         4       number one was taxes.

         5                  What in God's name is the Governor

         6       thinking about?  One lady came to me and said,

         7       "You know, we have a nice refund coming, but

         8       we have to have that money in for our son to

         9       attend Lafayette in the fall."  Another one

        10       said, "We do this every year so that when all

        11       of the credit card bills come in in January,

        12       February, we can pay the Christmas gifts to

        13       our families and friends."

        14                  And for the Governor to do this

        15       clearly indicates that he isn't in touch with

        16       the people of the State of New York.  This is

        17       a disgrace.  Everybody across the country is

        18       laughing at us.  They're saying, When are you

        19       going to take the IOUs next, just like

        20       Schwarzenegger in California?

        21                  So Senator Sampson, again, thank

        22       you very much for taking a step.  And Senator

        23       Winner, you've had this for some time now.

        24       Maybe we'll turn around and do your bill.

        25                  Thank you, Mr. President.



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         1                  ACTING PRESIDENT BRESLIN:    Thank

         2       you, Senator Larkin.

         3                  Senator DeFrancisco.

         4                  SENATOR DeFRANCISCO:    I just want

         5       to add one thing to the debate, and that is

         6       that this is a common-sense resolution.  It

         7       makes common sense that the people's money

         8       should not be held because of government's

         9       inability to keep their books in order and to

        10       keep the state in the black.

        11                  It's bad enough that we're

        12       overtaxing and overspending.  Then we're going

        13       to keep the money that we have no right to.

        14       So it's common sense.

        15                  So I will guarantee you that

        16       everyone in this chamber will support Senator

        17       Sampson's bill.  And on Monday, I will be here

        18       asking each of those Senators who supported

        19       this resolution why they did not sign the

        20       petition that Senator Winner has proposed, why

        21       they have not done a real solution -- not a

        22       window dressing to make a protest, but a real

        23       solution, a law that this governor and

        24       whatever future governors would be bound by;

        25       namely, that the law says you can't do this,



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         1       you've got to give refunds back in 30 days.

         2                  So I will vote aye on this

         3       resolution.

         4                  ACTING PRESIDENT BRESLIN:    Thank

         5       you, Senator DeFrancisco.

         6                  Senator Ranzenhofer.

         7                  SENATOR RANZENHOFER:    Thank you.

         8                  Just briefly, I'd just like to join

         9       with some of my colleagues in thanking Senator

        10       Sampson for this resolution, and obviously

        11       thanking Senator Winner, who's had this on the

        12       table for some time.

        13                  This is an important message that

        14       we send from this body that the Governor is

        15       really off-base with the suggestion of

        16       withholding the taxpayers' money.  As was said

        17       so eloquently by others, this is not the

        18       government's money, this is businesses' money,

        19       this is personal money which people are

        20       entitled to have back.

        21                  And I'm also looking forward -- as

        22       I said, this is really a first step.  This is

        23       a resolution that's going to be passed today,

        24       but I think just as importantly is that we

        25       pass this legislation, which my understanding



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         1       it's been in this body for some time, that we

         2       enact it into law so we don't have to deal

         3       with this from this governor or any other

         4       governor in the future, threatening people

         5       across the state that they're not going to

         6       have their money back when they normally

         7       expect it.

         8                  Thank you.

         9                  ACTING PRESIDENT BRESLIN:    Thank

        10       you, Senator Ranzenhofer.

        11                  The question is on the resolution.

        12       All those in favor please signify by saying

        13       aye.

        14                  (Response of "Aye.")

        15                  ACTING PRESIDENT BRESLIN:

        16       Opposed, nay.

        17                  (No response.)

        18                  ACTING PRESIDENT BRESLIN:    The

        19       resolution is adopted.

        20                  Senator Klein.

        21                  SENATOR KLEIN:    Mr. President, I

        22       believe there's a resolution at the desk by

        23       Senator Perkins.  I ask that the title of the

        24       resolution be read and move for its immediate

        25       adoption.



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         1                  ACTING PRESIDENT BRESLIN:

         2       Senator Klein, has the resolution been deemed

         3       privileged and submitted to the office of the

         4       Temporary President?

         5                  SENATOR KLEIN:    Yes, it has,

         6       Mr. President.

         7                  ACTING PRESIDENT BRESLIN:    The

         8       Secretary will read.

         9                  THE SECRETARY:    By Senator

        10       Perkins, legislative resolution commemorating

        11       the 142nd birthday of American civil rights

        12       activist pioneer William Edward Burghardt

        13       Du Bois, and paying tribute to his life and

        14       accomplishments.

        15                  ACTING PRESIDENT BRESLIN:

        16       Senator Perkins.

        17                  SENATOR PERKINS:    Thank you very

        18       much, Mr. Chairman.

        19                  I would just first like to just ask

        20       my colleagues to join me in signing onto this

        21       resolution.  I'm going to be brief, because I

        22       think most of us know about Dr. W.E.B.

        23       Du Bois.  And maybe not in all the detail that

        24       the resolution outlines, but at least in terms

        25       of one of his signature accomplishments that



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         1       I'm sure most of us are familiar with -- in

         2       fact, I'm pretty sure most of us have paid our

         3       due to the NAACP.  W.E.B. Du Bois was the

         4       founder of the NAACP, the National Association

         5       for the Advancement of Colored People, the

         6       civil rights group that has been responsible

         7       for so many advancements in civil rights and

         8       civil liberties in our country.

         9                  So in tribute to him, I would offer

        10       you not only the opportunity to sign onto the

        11       resolution, but please pay your dues.

        12                  (Laughter.)

        13                  SENATOR PERKINS:    Thank you so

        14       much.

        15                  ACTING PRESIDENT BRESLIN:    Thank

        16       you, Senator Perkins.

        17                  Senator Parker.

        18                  SENATOR PARKER:    Mr. President,

        19       on the resolution.

        20                  W.E.B. Du Bois is a hero of mine.

        21       He's somebody who, in the American context,

        22       was one of the first American

        23       multidisciplinary geniuses, somebody who was a

        24       historian, a scholar, an activist, a

        25       politician.  He is somebody who has made a



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         1       great contribution not just to

         2       African-American history and to the lives of

         3       people of African descent here in New York

         4       State and in the United States, but also to

         5       the American context.

         6                  He is the father of sociology --

         7       not the black father of sociology, the father

         8       of sociology.  His book The Philadelphia Negro

         9       actually was the first sociological study ever

        10       done anywhere, and it became the basis from

        11       which the whole discipline of sociology

        12       emerged.  So anybody in here who has a

        13       sociology degree, you owe your discipline and

        14       what you understand about the methodology of

        15       how we in fact collect data around the

        16       contexts of families and institutions and

        17       culture to what W.E.B. Du Bois created with

        18       his book The Philadelphia Negro.

        19                  And of course his involvement with

        20       the Niagara movement that led into the

        21       emergence of the NAACP, as Senator Perkins

        22       indicated, was critical.

        23                  And, you know, we take the NAACP

        24       for granted, and it's seen, you know, kind of

        25       as a mainstream thing at this point.  But,



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         1       Mr. President, let me tell you at the time of

         2       the creation of the NAACP, they were the

         3       Nation of Islam of their day.  They were at

         4       the vanguard of really radical thought and

         5       really African radical thought in this

         6       country.

         7                  He in fact made a break from the

         8       NAACP for a little while because he was

         9       actually even more radical than them, because

        10       he dared to speak out against lynching.

        11       Something that again, you know, we wouldn't

        12       hesitate -- well, maybe we would.  But I would

        13       think that we wouldn't hesitate to speak

        14       against it in this context.  At that time

        15       speaking out against lynching was a radical

        16       act.

        17                  And so, you know, his importance is

        18       beyond just being a scholar.  And people like

        19       to talk about him as the first black Ph.D.

        20       from Harvard University, which is certainly

        21       important.  But beyond just the scholarly work

        22       that he has contributed, his activism has

        23       really shaped American culture and taken us to

        24       a place that even a young boy from Brooklyn

        25       can become a state senator.



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         1                  Thank you.

         2                  ACTING PRESIDENT BRESLIN:    Thank

         3       you, Senator Parker.

         4                  Senator Klein, to close.

         5                  SENATOR KLEIN:    Thank you,

         6       Mr. President.

         7                  I want to thank my colleague

         8       Senator Perkins for bringing this resolution

         9       before us today.  I think it was said very

        10       eloquently by my colleague Senator Parker.

        11       But I think one of the interesting things that

        12       very few realize about W.E.B. Du Bois is all

        13       he did for the African-American movement and

        14       really moving things a lot quicker.

        15                  The Philadelphia Negro, when it was

        16       written, it was really a milestone.  Because

        17       he made very eloquent arguments, sociological

        18       arguments that the reason why the

        19       African-American has not achieved the same as

        20       Italian-Americans, Irish-Americans and

        21       Polish-Americans is because there is an

        22       assimilation process that's here.  In other

        23       words, when Irish come to this country or

        24       Italians come to this country, there's people

        25       that are already here that are established in



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         1       businesses that give them a helping hand.  The

         2       African-American did not have those benefits.

         3       Believe it or not, that was a milestone.

         4                  And he helped move Booker T.

         5       Washington, who was the major leader in those

         6       times, in a very radical direction, like

         7       Senator Parker said.  But it didn't come

         8       quickly enough.  And I think that's why he

         9       truly was such a great man, because he was a

        10       radical in his times.  But when you read the

        11       things he was talking about, it was just

        12       common sense.

        13                  And certainly he was a man ahead of

        14       his times.  And I join my colleagues today in

        15       recognizing the 142nd birthday of this truly

        16       great man.

        17                  ACTING PRESIDENT BRESLIN:    Thank

        18       you, Senator Klein.

        19                  The question is on the resolution.

        20       All those in favor please signify by saying

        21       aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT BRESLIN:

        24       Opposed, nay.

        25                  (No response.)



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         1                  ACTING PRESIDENT BRESLIN:    The

         2       resolution is adopted.

         3                  Senator Perkins has indicated he

         4       would like to open this resolution up to the

         5       entire body for cosponsorship.  Anyone not

         6       wishing to be on the resolution please signify

         7       by coming to the desk.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Mr. President, I

        10       believe Senator Padavan has a question.

        11                  SENATOR PADAVAN:    Yes.  I wonder,

        12       Mr. President, if we could extend the same

        13       courtesy on the previous resolution, by

        14       Senator Sampson, that all members would be on

        15       it unless they so indicated to the contrary.

        16                  ACTING PRESIDENT BRESLIN:

        17       Senator Sampson.

        18                  SENATOR SAMPSON:    Of course.

        19                  ACTING PRESIDENT BRESLIN:    Yes.

        20       The prior resolution, Senator Sampson has

        21       indicated all those people in the chamber will

        22       be placed on the resolution unless you signify

        23       otherwise by coming to the desk.

        24                  Senator Klein.

        25                  SENATOR KLEIN:    Mr. President, at



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         1       this time can we adopt the Resolution Calendar

         2       in its entirety, with the exception of Senate

         3       Resolutions 3670 and 3908.

         4                  ACTING PRESIDENT BRESLIN:    All

         5       those in favor of adopting the Resolution

         6       Calendar in its entirety, with the exception

         7       of Senate Resolutions 3670 and 3908, please

         8       signify by saying aye.

         9                  (Response of "Aye.")

        10                  ACTING PRESIDENT BRESLIN:

        11       Opposed, nay.

        12                  (No response.)

        13                  ACTING PRESIDENT BRESLIN:    The

        14       Resolution Calendar is adopted.

        15                  Senator Klein.

        16                  SENATOR KLEIN:    Mr. President, at

        17       this time can we please take up Resolution

        18       Number 3670, by Senator Diaz.  I ask that the

        19       resolution be read in its entirety and move

        20       for its immediate adoption and allow Senator

        21       Diaz to speak on said resolution.

        22                  ACTING PRESIDENT BRESLIN:    The

        23       Secretary will read.

        24                  THE SECRETARY:    By Senator Diaz,

        25       Legislative Resolution Number 3670,



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         1       memorializing Governor David A. Paterson to

         2       proclaim February 2010 as Dominican Heritage

         3       Month in the State of New York.

         4                  "WHEREAS, It is the sense of this

         5       Legislative Body, in keeping with its

         6       time-honored traditions, to recognize and pay

         7       tribute to those who foster ethnic pride and

         8       enhance the profile of cultural diversity

         9       which strengthens the fabric of the

        10       communities of New York State; and

        11                  "WHEREAS, The citizens of this

        12       great Empire State are proud to recognize and

        13       commemorate Dominican heritage at an

        14       observance that celebrates the contributions

        15       of Dominican-Americans to New York State's

        16       unique heritage; and

        17                  "WHEREAS, Attendant to such

        18       concern, and in full accord with its

        19       long-standing traditions, this Legislative

        20       Body is justly proud to memorialize Governor

        21       David A. Paterson to proclaim February 2010 as

        22       Dominican Heritage Month in the State of

        23       New York; and

        24                  "WHEREAS, In 1838, one of the

        25       country's patriarchs and national founder Juan



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         1       Pablo Duarte established a secret society

         2       called La Trinitaria, which sought the

         3       complete independence of Santo Domingo without

         4       any foreign intervention.  Ramon Matias Mella

         5       and Francisco del Rosario Sanchez, despite not

         6       being among the founding members of

         7       La Trinitaria, were decisive in the fight for

         8       independence.  They and Juan Pablo Duarte are

         9       the three founding fathers of the Dominican

        10       Republic; and

        11                  "WHEREAS, On February 27, 1844, the

        12       Trinitarios (Trinitarians) declared the

        13       Dominican Republic's independence from Haiti;

        14       and

        15                  "WHEREAS, The following dates and

        16       events are of great significance and serve as

        17       a distinct awareness of the rich Dominican

        18       heritage:  Tuesday, January 26, 2010, marks

        19       the 197th anniversary of the birth of

        20       patriarch Juan Pablo Duarte; Saturday,

        21       February 27, 2010, is the 166th anniversary of

        22       the independence of the Dominican Republic;

        23       and Sunday, July 25, 2010, La Gran Parada

        24       Dominicana de el Bronx, Inc., is hosting its

        25       21st annual parade celebrating Dominican



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         1       heritage along with the St. James Patronal

         2       Feast Day of Santiago de los Caballeros; and

         3                  "WHEREAS, Founded by Mr. Felipe

         4       Febles and assisted by Mrs. Rosa Ayala,

         5       La Gran Parada Dominicana de el Bronx, Inc.,

         6       was established following the ideas and paying

         7       tribute to the famous founding father Juan

         8       Pablo Duarte; and

         9                  "WHEREAS, A native of La Romana

        10       Province, Dominican Republic, Felipe Febles is

        11       also executive director of the Grand Dominican

        12       Parade of the Bronx and the Dominican Cultural

        13       House of the Bronx, New York, Inc.  He has

        14       been a community leader for over 30 years and

        15       is a recipient of numerous civic, educational,

        16       and cultural honors; and

        17                  "WHEREAS, Rosa Ayala is a native of

        18       La Vega Province, Dominican Republic, and has

        19       been a community leader for over 20 years.

        20       She is the co-executive director of the

        21       Dominican Cultural House of the Bronx,

        22       New York, Inc., and, along with Mr. Febles, is

        23       the founder of the My Dominican Heritage

        24       Award.  She has also received many cultural,

        25       civic, and educational awards; and



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         1                  "WHEREAS, This Legislative Body is

         2       honored to be joined today by several

         3       distinguished dignitaries, including

         4       His Excellency Ambassador Roberto B. Saladin,

         5       Dominican ambassador to the United States, and

         6       Consul General Rafael Evans, consul general of

         7       the Dominican Republic in New York; and

         8                  "WHEREAS, It is duly fitting that

         9       all New Yorkers join in these important

        10       celebrations of one of our state's most

        11       vibrant communities.  This much-anticipated

        12       observance and its accompanying activities

        13       will foster greater appreciation for Dominican

        14       culture and serve to promote the spirit of

        15       cooperation that is characteristic of all

        16       citizens of New York State; now, therefore, be

        17       it

        18                  "RESOLVED, That this Legislative

        19       Body pause in its deliberations to memorialize

        20       Governor David A. Paterson to proclaim

        21       February 2010 as Dominican Heritage Month in

        22       the State of New York; and be it further

        23                  "RESOLVED, That copies of this

        24       resolution, suitably engrossed, be transmitted

        25       to David A. Paterson, Governor of the State of



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         1       New York, and to Ambassador Roberto B.

         2       Saladin, Ambassador Federico Alberto Cuello

         3       Camilo, Consul General Rafael Evans,

         4       Mr. Felipe Febles, and Mrs. Rosa Ayala."

         5                  ACTING PRESIDENT BRESLIN:

         6       Senator Diaz.

         7                  SENATOR DIAZ:    Thank you,

         8       Mr. President.

         9                  Today is a historic day.  The

        10       previous resolution was talking about

        11       achievement.  Today we take joy in the

        12       achievement that the Hispanic community has

        13       made in the United States.

        14                  Many, many years ago, when we

        15       Hispanics didn't even know where this chamber

        16       was, there was a guy, a Hispanic guy that

        17       opened the door for all of us.  And he became

        18       the first, the first Hispanic elected New York

        19       State Senator, the first person that sat in

        20       this chamber, the first Hispanic that put his

        21       feet in here.

        22                  That's many, many years ago.  And

        23       today, to honor what we're doing, he's here,

        24       he came from Washington:  Congressman Roberto

        25       Garcia.  He was the first Hispanic that sat



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         1       here.

         2                  (Standing ovation.)

         3                  SENATOR DIAZ:    So today we again

         4       make history in this chamber.  Today is the

         5       first time, Mr. President, the first time in

         6       the history of this chamber that we honor and

         7       we present a resolution honoring the Dominican

         8       Republic.  This is history.

         9                  And thanks to my leader, Senator

        10       Sampson, and to my colleagues in the

        11       Puerto Rican and Latino Caucus, we are doing

        12       this today.

        13                  The history, Mr. President, of this

        14       great country, the Dominican Republic, the

        15       history of their struggle and dignified fight

        16       for independence, are symbolized in the person

        17       of Juan Pablo Duarte, Ramon Matias Mella, and

        18       Francisco del Rosario Sanchez, better known as

        19       Duarte, Sanchez y Mella.

        20                  The month of February is important

        21       in the history of the Dominican Republic for

        22       the following reason.  On February 27, 1844,

        23       the Trinitarians -- Senator Savino, that is

        24       the Trinitarios -- the Trinitarians declared

        25       the Dominican Republic's independence from



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         1       Haiti.

         2                  The history of this community in

         3       the United States of America and their

         4       achievements are well known by everyone.  They

         5       came here with nothing, but they worked hard

         6       and educated their people in the land of

         7       promise.  Today, the Dominican community, they

         8       own grocery stores, they are the leaders in

         9       the taxi industry, they are doctors, they are

        10       lawyers, they are educators, they are police

        11       officers and firefighters.  They are boxers,

        12       baseball players.  They are ministers.

        13                  Raise your hand, all the ministers

        14       there.  There are ministers all over.

        15                  They are ministers, they are

        16       pastors, they are bishops, they are elected

        17       officials, they are community leaders, et

        18       cetera, et cetera.  In every segment of life

        19       in the United States, especially here in

        20       New York State, we find the Dominican

        21       community.

        22                  Members of the Dominican community

        23       are here today.  They have come to join us in

        24       this historic occasion.  We have the Dominican

        25       ambassador, the number-one representative of



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         1       the Dominican Republic in the whole United

         2       States, the Honorable Roberto Saladin, the

         3       ambassador in Washington.  He has to present

         4       his documents to President Obama, because he

         5       is the biggest representative of the Dominican

         6       community in the nation.  And he came from

         7       Washington for this occasion.

         8                  We have the consul general of the

         9       Dominican Republic in New York, the Honorable

        10       Rafael Evans.  We have the founders of the

        11       Bronx County Dominican Parade, Mr. Felipe

        12       Febles and Rosa Ayala.  We have the president

        13       of the Dominican in the Exterior Committee,

        14       Mr. Maximo Ayala.  We have the Apostles

        15       Ricardo Reyes and Frank Almonte.  We have

        16       members of the New York Hispanic Clergy

        17       Organization.  The balconies are full of them,

        18       the two balconies today.

        19                  And, ladies and gentlemen, we have

        20       the president of Radio Vision Cristiana

        21       Internationale, the radio station that covers

        22       Puerto Rico, the Dominican Republic, the whole

        23       state of New York, New Jersey, Connecticut:

        24       Dr. Hector A. Chiesa.

        25                  We have the chaplain of the



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         1       New York City Police Department, Inspector

         2       Luis Serrano.

         3                  We have many, many other members of

         4       the community that have come here today to

         5       honor and to participate in this unique and

         6       historic event.

         7                  I would like to express my

         8       gratitude to the Senate Leader, the Honorable

         9       John Sampson, and the Senate Secretary,

        10       Mr. Angelo Aponte, for making this first and

        11       historic event in the New York State Senate.

        12                  I would like to express my

        13       appreciation to the members of the New York

        14       State Puerto Rican and Latino Caucus, the

        15       Honorable Majority Leader Senator Pedro

        16       Espada, Senator Martin Malave Dilan, former

        17       State Senator Hiram Monserrate, who worked

        18       hard with me to put this together, and Senator

        19       Jose Marco Serrano.

        20                  I would like to express my

        21       appreciation to Ms. Marlene Cintron, the

        22       executive secretary of the New York State

        23       Senate Puerto Rican and Latino Caucus, to my

        24       staff, and to the Senate staff.  They all

        25       worked hard.



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         1                  Today I invite all of you at

         2       6 o'clock to join us in the Egg.  We have a

         3       Dominican activity, a ceremony, with Dominican

         4       food, we have Dominican music, we have

         5       Dominican entertainment.  So all of you are

         6       invited to join us at 6 o'clock in the Egg.

         7                  Now, to my amigos, in Spanish.  We

         8       all due respect to my amigos -- to my

         9       English-American amigos, I am Puerto Rican and

        10       Hispanic, and for the first time I am going to

        11       speak Spanish here.  Because [in Spanish] we

        12       have people from all over the state here today

        13       [in Spanish].

        14                  (Applause.)

        15                  SENATOR DIAZ:    [In Spanish].  The

        16       baseball players.  They are the best.  They

        17       come from my country.

        18                  [In Spanish].  The Egg.  So all of

        19       you, my English-speaking colleagues, when you

        20       talk about the Egg, the Egg, in Spanish es "el

        21       huevo."  So I invite all of you to El Huevo at

        22       6 o'clock.

        23                  Senator Sampson, thank you very

        24       much.  [In Spanish].  Que viva, que viva la

        25       Republica Dominicana!



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         1                  (Extended applause.)

         2                  ACTING PRESIDENT BRESLIN:    At

         3       this point I would like to invite you, Senator

         4       Diaz, to bring the ambassador, Ambassador

         5       Roberto Saladin, to the podium for a few

         6       words.

         7                  (Applause.)

         8                  AMBASSADOR SALADIN:

         9       Distinguished Senators, allow me, on behalf of

        10       the president of the Dominican Republic,

        11       President Leonel Fernandez Reyna, his

        12       government, the Dominican people in the

        13       island, and the Dominican diaspora here in the

        14       U.S. and Puerto Rico, to say from the bottom

        15       of my heart, thank you very much to you all.

        16                  Thank you, Senator Diaz, for this

        17       resolution approved today commemorating the

        18       Dominican Heritage Month, recognizing the

        19       efforts, the fights, the resiliency of the

        20       Dominican people that emigrated to this big

        21       and generous country.

        22                  In Dominican Republic, sometimes

        23       people used to say that Dominicanos ausentes.

        24       It was, it was, as I said -- and I know, my

        25       dear fellow Dominicans, why I say that.



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         1       Because my father lived in New York since

         2       1963.  My mother was raised for many years in

         3       this country, and then back to the Dominican

         4       Republic, and then back to the U.S.

         5                  And I know how Dominicans are

         6       really hard fighters to raise their families,

         7       to raise their children, and to take really

         8       the opportunities open for this generous

         9       country.

        10                  For us in the Dominican Republic,

        11       for me especially, I feel really very proud to

        12       be here today, to share this opportunity with

        13       many friends of the Dominican Republic,

        14       especially to our friend in Washington, former

        15       Congressman Bob Garcia, that has been for

        16       many, many years a good friend of the

        17       Dominican community here in New York City and

        18       in the Bronx.

        19                  We will remember this day, Senator

        20       Diaz, because not only for the Dominicans who

        21       are here today, women and men, for more than

        22       800,000 Dominicans that live here in this big

        23       city -- because as I said to the Honorable

        24       Governor Paterson today, New York is the

        25       second largest city of the Dominican Republic.



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         1                  Thank you very much, as I said,

         2       from the bottom of my heart, on behalf of the

         3       general consul of the Dominican Republic,

         4       Rafael Evans, the man in charge, working hard

         5       here shoulder by shoulder every day with the

         6       Dominicans living in this big city.

         7                  For us has been a blessing to the

         8       opportunities open to the Dominican baseball

         9       players.  This year, in a decision of the

        10       American National League, maybe we will have

        11       up to 84 Dominican baseball players.  This has

        12       been one of the other blessings of the love

        13       for the Dominican Republic.

        14                  In this year that we commemorate

        15       the 166th anniversary of our independence,

        16       thank you for remembering the founding fathers

        17       of our country -- Duarte, Sanchez and Mella.

        18       Thank you to you all.  God bless you,

        19       Dominican Republic, and God bless the United

        20       States of America.

        21                  Thank you very much.

        22                  (Applause.)

        23                  ACTING PRESIDENT BRESLIN:    Thank

        24       you very much, Ambassador Saladin.

        25                  Senator Adams.



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         1                  SENATOR ADAMS:    Thank you,

         2       Mr. President.

         3                  I want to thank Senator Diaz and

         4       Senator Sampson for this important day that we

         5       celebrate Dominican Republic Independence Day.

         6                  You know, whenever we have these

         7       celebrations and acknowledgments, I always

         8       like to pause for a moment and do a period of

         9       true reflection.  Because we can honor the

        10       first senators, we can honor the established

        11       baseball players, we can honor the doctors and

        12       lawyers and other professional types.  But to

        13       me, it is -- we need to sometimes pause for a

        14       moment and just go back.  And don't look at

        15       where we are today, because we need a period

        16       of reflection.

        17                  Nothing is more challenging than to

        18       come to a country and you can't speak the

        19       language.  Nothing is more difficult and

        20       intimidating than to walk into a grocery store

        21       and try to find the right term of just saying

        22       a bottle of milk for your baby.  Nothing is

        23       more frightening than to walk to a token booth

        24       and try to identify what is the correct

        25       denomination to buy a token.  Nothing is more



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         1       alarming than to rush into a hospital and try

         2       to remember those few texts and terminologies

         3       that you may have heard as a child and say

         4       "How do I get help for my family?"

         5                  So it's fine to acknowledge the

         6       first senators, it's fine to acknowledge the

         7       large baseball players, it's fine to

         8       acknowledge the basketball players, the actors

         9       and actresses.  But I want to talk about the

        10       real-life players on the field of life called

        11       the first parents that came here from the

        12       Dominican Republic and carved the way for all

        13       of us who said we are the first.

        14                  And there's a common denomination

        15       that not only can I identify with it, but when

        16       you talk to the first Italian-Americans and

        17       their parents that had to navigate the

        18       complexities of New York City and the United

        19       States, they can also identify with it.  The

        20       first Irish.  The first any other group from

        21       Italian-Americans and Chinese-Americans and

        22       Indonesian-Americans.

        23                  And so what the first man and

        24       woman -- before the stores were open, before

        25       taking over the livery cab industry -- what



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         1       they did by coming here and saying we too love

         2       America, we too will have a foothold in

         3       America, we too are proud in America, and the

         4       waving of our flag in no way indicates that we

         5       too do not cherish the red, white and blue of

         6       America.

         7                  So I want too take my hat off to

         8       the countless number of first arrivals from

         9       the Dominican Republic after the freedom from

        10       the Haitian revolution.  I want to take my hat

        11       off to those first men and women who came to

        12       America and paved the way and navigated the

        13       complexities, the difficulties, the

        14       uncertainties and the feeling of being

        15       ostracized and forced their way to be included

        16       in this thing we call America.  They are part

        17       of the common denomination that's what's great

        18       about every immigrant population.

        19                  So before we start, from Maine to

        20       Florida, from Washington to New York, to talk

        21       about closing our borders and restricting

        22       those from outside our borders to participate

        23       in the American dream, we need to see what the

        24       Dominican community has done to the soil of

        25       our country.  The diversity, the style, the



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         1       commitment, the dedication fertilize the soil

         2       and give us an opportunity to grow the trees

         3       of tomorrow that allow us to participate in

         4       what's great about this country.  The

         5       Dominican community has shown that.

         6                  And I'm proud to say I may be

         7       African-American, but today I'm Dominican,

         8       baby.

         9                  (Applause.)

        10                  ACTING PRESIDENT BRESLIN:    Thank

        11       you, Senator Adams.

        12                  Senator Hassell-Thompson.

        13                  SENATOR HASSELL-THOMPSON:    Thank

        14       you, Mr. President.

        15                  I rise to congratulate Senator Diaz

        16       on his resolution today and to declare with

        17       him that this is a very worthy cause and

        18       occasion to do so.

        19                  Let me say that although 166 years

        20       ago the Dominican Republic declared its

        21       independence from Haiti, I want to thank

        22       personally the Dominican Republic for being

        23       the first on the ground to provide assistance

        24       to that country when it was shaken by

        25       earthquake.  Two hundred thirty thousand



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         1       people were reported dead, and over $3 million

         2       of hard-earned dollars came from the Dominican

         3       Republic first to ensure that aid was brought.

         4                  So I congratulate you, Senator

         5       Diaz, today -- but I thank you as the

         6       delegation from the Dominican Republic for the

         7       work that you have done for the people who

         8       once were your people, and you came back,

         9       reached across your hand, and brought them

        10       back to the bosom of safety.  And so for that

        11       we are most grateful.

        12                  And I want to congratulate again

        13       Senator Sampson and all of those who have made

        14       this possible.

        15                  Greetings to my former colleague.

        16       Senator Garcia, we missed at the you at the

        17       last Senate dinner.  Please be present this

        18       year; I'm going to be the new president.  I

        19       look forward to seeing you.

        20                  And certainly to you,

        21       Mr. President, I certainly will be signing

        22       onto this resolution today with tremendous

        23       pride.  Thank you.

        24                  (Applause.)

        25                  ACTING PRESIDENT BRESLIN:    Thank



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         1       you, Senator Hassell-Thompson.

         2                  Senator Espada.

         3                  SENATOR ESPADA:    Thank you,

         4       Mr. President.

         5                  And in the great tradition of this

         6       chamber, I also rise to pay tribute to La

         7       Republica Dominicana, to all the Dominicans

         8       that make up the great proportion of Hispanics

         9       in the 33rd Senate district that I'm

        10       privileged to represent.

        11                  Senator Diaz, thank you so very,

        12       very much.  Whether it's going to Puerto Rico

        13       to deal with issues of parity and justice in

        14       Puerto Rico, Haiti, Santo Domingo, we thank

        15       you so much for your leadership.

        16                  We thank you for acknowledging the

        17       great service of our first senator.  As I came

        18       from Puerto Rico, we got to know what politics

        19       was about because of the service of Robert

        20       Garcia, Congressman Garcia, Senator Garcia, a

        21       true mentor and leader in our community.

        22                  I do want to hone in on the spirit

        23       of the message that Senator Eric Adams hit on.

        24       And that is as this nation struggles with

        25       immigration policy, as we struggle to define



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         1       who belongs, who doesn't belong, who can

         2       contribute, who can't contribute, who can't be

         3       part of the fabric of America, this is what we

         4       need to remember here today.

         5                  We need to remember this

         6       experience.  We need to hone in on what's

         7       happening in our local economies as we totally

         8       transform the Washington Heights, the South

         9       Bronx, the West Bronx and communities all

        10       throughout the Northeast.  We need to hone in

        11       on this message absolutely, because this is

        12       the spirit that will get us out of the

        13       economic doldrums that we're in.

        14                  This is the spirit of America.  It

        15       looks a little different, yes.  It may not

        16       speak the English language first and foremost,

        17       but it is as passionate about being American

        18       as any, any other group that's ever been

        19       privileged to be called American.

        20                  And the challenge that they have --

        21       which I did not have, Senator Diaz.  I did not

        22       have because I was born an American citizen --

        23       to witness, to witness the challenge of that

        24       duality, of being back home, of sending money

        25       back home, of dealing with truly being a



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         1       foreigner in a new nation and acclimating

         2       yourself totally -- starting your own business

         3       from scratch, learning a new culture, going

         4       into school systems that don't even recognize

         5       who you are -- this is truly heroic,

         6       herculean.

         7                  And definitely this month and every

         8       month we should remember this example.

         9       Because this is the challenge of the

        10       21st century to America:  Are we going to deal

        11       with the 12 million people -- be they

        12       Dominican, Peruvian, Mexicanos -- all

        13       throughout the United States of America that

        14       are here, that want to be here, that want to

        15       contribute?

        16                  And so this message resonates

        17       beyond Dominican Heritage Month, the 166th

        18       anniversary of the Dominican Republic's

        19       independence from Haiti.  This really, truly

        20       is the American future that we're looking on.

        21                  [In Spanish].  Thank you very much.

        22                  (Applause.)

        23                  ACTING PRESIDENT BRESLIN:    Thank

        24       you, Senator Espada.

        25                  Senator Serrano.



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         1                  SENATOR SERRANO:    Thank you,

         2       Mr. President.

         3                  I want to echo the sentiments of my

         4       colleagues here and thank Senator Diaz for

         5       bringing this resolution here to the floor and

         6       having so many pioneers in the Dominican

         7       community here with us in this chamber here.

         8                  I strongly agree with everything

         9       that's been said.  The Dominican community is

        10       a very robust community in New York City and

        11       throughout this state.  Not anyone to be held

        12       back by obstacles.  As Senator Espada

        13       mentioned, issues in immigration and very

        14       unfair, in my belief, immigration policies

        15       under federal government have made it very

        16       difficult for new immigrants to gain a

        17       foothold here in the United States, people who

        18       really love this country and people who want

        19       to work hard.

        20                  But when you look at pretty much

        21       all sectors in public life or in private

        22       business, the Dominican community has

        23       excelled, not being held back by the obstacles

        24       that are placed before them.  And I think it's

        25       a lesson that everyone could learn, that the



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         1       American dream can be achieved despite strong

         2       odds.  And that a community can thrive and

         3       enrich us in so many ways, because the

         4       Dominican community also teaches us to

         5       celebrate life, and I think that that's

         6       something that should not be discounted here

         7       today.

         8                  So I congratulate all of my

         9       colleagues here and Senator Diaz once again

        10       for supporting and making this day a reality.

        11                  Thank you.

        12                  (Applause.)

        13                  ACTING PRESIDENT BRESLIN:    Thank

        14       you, Senator Serrano.

        15                  Senator Padavan.

        16                  SENATOR PADAVAN:    Senator Garcia

        17       [sic], thank you very much.  You really know

        18       how to throw a party; in this case, a

        19       celebration, and a very, very excellent one.

        20                  Ambassador, we're delighted to have

        21       you with us, particularly joined by my former

        22       colleague Senator Garcia.  He and I spent a

        23       lot of quality time here on the floor of this

        24       Senate for many years.  It's great to see him

        25       back here.



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         1                  You know, Senator Garcia, you

         2       pointed out the many areas of -- Senator Diaz.

         3       Didn't I say Diaz?  Well, see, I got you

         4       confused already -- the many areas in which

         5       Dominicans have excelled and contributed to

         6       our society throughout the state, and

         7       certainly in New York City and in my borough

         8       of Queens and in my district.  And you're

         9       absolutely right.  The last month or so, I

        10       attended two events that highlight the very

        11       issue and very point you were making.

        12                  One of them was a swearing in of a

        13       woman to the Supreme Court by the name of

        14       Diccia Pineda, Dominican.  Came to this

        15       country, could not speak English at all, went

        16       to law school, raised a family, and became a

        17       Supreme Court judge.  A constituent of mine,

        18       and I was certainly delighted to be there.

        19                  Several weeks ago I attended an art

        20       show of beautiful work done by a very

        21       accomplished Dominican artist in Whitestone,

        22       Queens.  Every year she has a show.  This year

        23       it was particularly significant because the

        24       proceeds were to go to Haiti, and so many of

        25       us showed up there to contribute as best we



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         1       could.

         2                  But throughout the borough and

         3       throughout my district and throughout the City

         4       of New York, what you said, and you said it

         5       extremely well, the Dominican community has

         6       excelled in every area that they have sought

         7       to participate.  And it's to their credit, and

         8       we benefit by it, we all do.  And we all join

         9       with you in this expression of pride and

        10       accomplishment.  And you've made this city a

        11       better place because of your presence.

        12                  Thank you, Senator.

        13                  (Applause.)

        14                  ACTING PRESIDENT BRESLIN:    Thank

        15       you, Senator Padavan.

        16                  Senator Parker.

        17                  SENATOR PARKER:    Thank you,

        18       Mr. President.  On the resolution.

        19                  Let me add my voice to those today

        20       who are singing the praises of the people of

        21       the Dominican Republic.  Let me say

        22       congratulations.  As the chair of the Senate

        23       Task Force on New Americans, I have worked

        24       very closely with members of the Dominican

        25       community.



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         1                  Let me welcome you, let me welcome

         2       our former colleague Senator Garcia, and

         3       really just say that this is a time for

         4       celebration.  And as Senator Adams says, we

         5       must reflect, but it's important for us to

         6       remember and celebrate accomplishments.

         7       Because the road has been hard and long, and

         8       you've toiled for such a long time in the

         9       vineyards.  But now is a new day.

        10                  And now, when all things become

        11       possible, we look forward to a time when the

        12       Dominican Republic will continue to be a

        13       shining star for not just the people of the

        14       Caribbean Basin but for the entire world --

        15       first in how they acted in Haiti, but in also

        16       the day-to-day accomplishments that we have

        17       interacted with people in our communities.

        18       And that is from, you know, celebrity

        19       athletes, you know, to businesspeople, to our

        20       neighbors and our friends.

        21                  And so to you all, we say

        22       congratulations and thank you so much for what

        23       you've done for all of us and the people of

        24       this great state.

        25                  (Applause.)



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         1                  ACTING PRESIDENT BRESLIN:    Thank

         2       you, Senator Parker.

         3                  Senator Perkins.

         4                  SENATOR PERKINS:    Thank you,

         5       Mr. Chairman.  On the resolution.

         6                  [In Spanish.]

         7                  (Applause.)

         8                  SENATOR PERKINS:    Muchas gracias,

         9       Senator Diaz and Senator Sampson, for the

        10       opportunity you have given us to recognize the

        11       great contributions of the Dominican

        12       community.

        13                  You know, I used to represent the

        14       largest Dominican community in the State of

        15       New York.  And I was very privileged in that

        16       period because I got the opportunity to

        17       witness their industriousness in so many

        18       different ways:  Los bodegueros, the folks

        19       that own the corner stores that were run by

        20       the Dominicans that without them, many of us

        21       could not get our daily groceries because of

        22       the lack of A&Ps and other kinds of

        23       supermarkets in our neighborhoods.  The gypsy

        24       cabs that would be the only ones available

        25       because the Yellow Cabs boycotted our



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         1       neighborhoods.

         2                  But most interesting about these

         3       Dominicans is this.  When it came to politics,

         4       when it came to politics, they were number

         5       one.

         6                  I had the opportunity to witness

         7       their fervor and their organizing when it

         8       comes to electoral politics in two ways.

         9       First, whenever there was an election in the

        10       Dominican Republic, it began in Washington

        11       Heights.

        12                  (Laughter.)

        13                  SENATOR PERKINS:    There were more

        14       votes coming out of Washington Heights for

        15       presidente in the Dominican Republic than in

        16       the Dominican Republic, because they organized

        17       caravans as if you thought the election was

        18       taking place in the neighborhood, that the

        19       vote was going to be for a candidate in the

        20       neighborhood.

        21                  So they were very committed not

        22       only to the neighborhood in Washington

        23       Heights, but also to the continuation of

        24       what's going on in their community.

        25                  But even more interesting than that



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         1       was when we used to have school board

         2       elections in New York City -- before mayoral

         3       control, when parents and others were allowed

         4       to participate in making the decisions as to

         5       who would run their local schools.  Some of

         6       you outside of New York City still have that

         7       opportunity.  We, unfortunately, are stuck

         8       with mayoral control and charter schools.  I'm

         9       sorry, I got off the subject.

        10                  (Laughter; applause.)

        11                  SENATOR PERKINS:    But if you ever

        12       had the opportunity to witness a school board

        13       election in District 6, which is in Washington

        14       Heights, you would see such an awesome

        15       turnout.  And these folks were not citizens

        16       yet, they were only given the opportunity to

        17       vote as parent voters.

        18                  And I happened to have the

        19       opportunity to witness those elections as they

        20       took place, and the largest turnout for those

        21       school board elections came out of Washington

        22       Heights and the Dominican community.  And thus

        23       we got the first elected Dominican, Guillermo

        24       Linares, to the City Council.  And now, of

        25       course, we have several others -- Adriano



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         1       Espaillat, who is in the Assembly.

         2                  And the list goes on and on in

         3       terms of how, as they became more registered

         4       to vote and they got more politically

         5       involved, they've become a very, very

         6       significant political force, political entity

         7       in New York City politics and I would daresay

         8       state politics.

         9                  So my hat's off to you for what you

        10       have done to bring them to our chamber to be

        11       acknowledged.  My hat's off to you for your

        12       commitment to the political process, the

        13       democratic political process -- which is what

        14       we are all about in this chamber -- and for

        15       the successes that you have had that have

        16       contributed so greatly to our city and to our

        17       state.  It was not just an election for the

        18       people of Washington Heights.

        19                  Now, I know, Senator Diaz, there's

        20       more Dominicans in the Bronx than there is in

        21       Upper Manhattan.  I understand, I accept that.

        22       I've been to your parade, okay, up there too.

        23       But nevertheless, it began in the northern

        24       part of my district known as Washington

        25       Heights -- sometimes known as Upper Harlem.



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         1                  Thank you so much.

         2       Congratulations.

         3                  (Applause.)

         4                  ACTING PRESIDENT BRESLIN:    Thank

         5       you, Senator Perkins.

         6                  Senator Stewart-Cousins.

         7                  SENATOR STEWART-COUSINS:    Yes, I

         8       just wanted to join in this celebration and

         9       thank the Dominican community for bringing so

        10       much joy and so much celebration to our

        11       chambers.

        12                  I also wanted to express, from

        13       Westchester County, the pride and the joy that

        14       we have in having a growing and robust

        15       Dominican community.  And I want to say in my

        16       hometown of Yonkers we are proud to add to the

        17       history of the Dominican community, because we

        18       have for the first time elected a Dominican

        19       city councilperson by the name of Wilson

        20       Terrero.

        21                  Que viva Republica Dominicana!

        22       Thank you.

        23                  (Applause.)

        24                  ACTING PRESIDENT BRESLIN:    Thank

        25       you, Senator Stewart-Cousins.



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         1                  Senator Schneiderman.

         2                  SENATOR SCHNEIDERMAN:    Thank you,

         3       Mr. President.  [In Spanish.]

         4                  I'm very, very pleased that my

         5       colleagues here get a chance to see the spirit

         6       of the Dominican Republic and experience the

         7       joy of being a part of a Dominican community,

         8       because I have my colleagues on the other side

         9       of the aisle to thank for my beautiful

        10       experience in the Dominican community.

        11                  But [in Spanish].

        12                  (Applause.)

        13                  SENATOR SCHNEIDERMAN:    [In

        14       Spanish.]  I'm just explaining I didn't know

        15       much about the Dominican Republic when you

        16       guys sent me into Upper Manhattan.

        17                  But the Dominican community is very

        18       generous, and generous at a level people here

        19       in the United States very seldom appreciate.

        20       I'll tell you one thing I learned when I was

        21       drawn into this district and got to know the

        22       Dominicans.  Studying the history of the

        23       Jewish people, the only country in the world

        24       that said we will take all the Jews trying to

        25       get out of Germany and Central Europe when the



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         1       Nazis took over was the Republica Dominicana.

         2                  (Applause.)

         3                  SENATOR SCHNEIDERMAN:    And to

         4       this day, in the community of Sosua, you can

         5       see the museum and the synagogue there.

         6                  This is a community that welcomes,

         7       this is a community that embraces, this is a

         8       community -- el espirito Dominicana es

         9       increible.  Corazon Dominicano es grande.  [In

        10       Spanish.]  Viva la Republicano Dominicana!

        11                  (Applause.)

        12                  ACTING PRESIDENT BRESLIN:    Viva

        13       la Schneiderman.

        14                  Thank you, Senator Schneiderman.

        15                  Senator Stavisky.

        16                  SENATOR STAVISKY:    Yes, thank

        17       you, Mr. President.

        18                  I too was going to mention the fact

        19       that the Dominican Republic was welcoming to

        20       people as a refuge from terror and from

        21       terrible, terrible destruction.  And that is

        22       something that you will never forget.

        23                  I do want to welcome, though, I

        24       want to welcome back my friend Senator Garcia

        25       whom I have known for so many years.  And in



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         1       fact he attended a high school -- which no

         2       longer exists, but a high school where I had

         3       my first teaching job.  It was called Haaren

         4       High School.  It was on 59th Street and

         5       Tenth Avenue.  I taught there in the sixties.

         6                  And, Senator Garcia, welcome home.

         7                  And, secondly, I think it's

         8       appropriate that we celebrate the birthday,

         9       the 142nd birthday of W.E.B. Du Bois, because

        10       today is a day of welcoming people.  We are a

        11       nation of immigrants, and I am so proud to

        12       represent so many people from the Dominican

        13       Republic.  I used to represent Jackson Heights

        14       and parts of Queens.  With redistricting, my

        15       lines changed.

        16                  But you make us proud, and we

        17       welcome you to Albany.  And we extend all of

        18       the congratulations.  But especially let me

        19       welcome home my friend Congressman Garcia.

        20                  (Applause.)

        21                  SENATOR STAVISKY:    Thank you,

        22       Mr. President.

        23                  ACTING PRESIDENT BRESLIN:    We

        24       would also acknowledge the Honorable Hector

        25       Ramirez, who is here, who's the executive



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         1       board member from the 86th Assembly District

         2       leader.

         3                  The question is on the resolution

         4       All those in favor please signify by saying

         5       aye.

         6                  (Response of "Aye.")

         7                  ACTING PRESIDENT BRESLIN:

         8       Opposed, nay.

         9                  (No response.)

        10                  ACTING PRESIDENT BRESLIN:    The

        11       resolution is adopted.

        12                  (Applause.)

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator Klein.

        15                  SENATOR PADAVAN:    Mr. President.

        16                  ACTING PRESIDENT BRESLIN:    Oh,

        17       Senator Padavan, excuse me.

        18                  SENATOR PADAVAN:    Yes, thank you

        19       very, very much, Mr. President.

        20                  At this juncture I ask that a

        21       quorum call be held, each voice vote in toto

        22       be read, each name, and the bell be rung.

        23                  ACTING PRESIDENT BRESLIN:    The

        24       Secretary will conduct a quorum call.

        25                  The Secretary will read.



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         1                  THE SECRETARY:    Senator Adams.

         2                  SENATOR ADAMS:    Aye.

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator Addabbo.

         5                  SENATOR ADDABBO:    Aye.

         6                  THE SECRETARY:    Senator Alesi.

         7                  SENATOR ALESI:    Here.

         8                  THE SECRETARY:    Senator

         9       Aubertine.

        10                  SENATOR AUBERTINE:    Here.

        11                  THE SECRETARY:    Senator Bonacic.

        12                  SENATOR BONACIC:    Here.

        13                  THE SECRETARY:    Senator Breslin.

        14                  SENATOR BRESLIN:    Here.

        15                  THE SECRETARY:    Senator

        16       DeFrancisco.

        17                  SENATOR DeFRANCISCO:    Here.

        18                  THE SECRETARY:    Senator Diaz.

        19                  (No response.)

        20                  THE SECRETARY:    Senator Dilan.

        21                  SENATOR DILAN:    Here.

        22                  THE SECRETARY:    Senator Duane.

        23                  (No response.)

        24                  THE SECRETARY:    Senator Espada.

        25                  SENATOR ESPADA:    Present.



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         1                  THE SECRETARY:    Senator Farley.

         2                  SENATOR FARLEY:    Here.

         3                  THE SECRETARY:    Senator Flanagan.

         4                  SENATOR FLANAGAN:    Here.

         5                  THE SECRETARY:    Senator Foley.

         6                  SENATOR FOLEY:    Present.

         7                  THE SECRETARY:    Senator

         8       Fuschillo.

         9                  SENATOR FUSCHILLO:    Present.

        10                  THE SECRETARY:    Senator Golden.

        11                  SENATOR GOLDEN:    Here.

        12                  THE SECRETARY:    Senator Griffo.

        13                  SENATOR GRIFFO:    Here.

        14                  THE SECRETARY:    Senator Hannon,

        15       excused.

        16                  Senator Hassell-Thompson.

        17                  SENATOR HASSELL-THOMPSON:    Here.

        18                  THE SECRETARY:    Senator Huntley.

        19                  SENATOR HUNTLEY:    Here.

        20                  THE SECRETARY:    Senator C.

        21       Johnson.

        22                  SENATOR CRAIG JOHNSON:    Here.

        23                  THE SECRETARY:    Senator O.

        24       Johnson.

        25                  SENATOR OWEN JOHNSON:    Here.



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         1                  THE SECRETARY:    Senator Klein.

         2                  SENATOR KLEIN:    Present.

         3                  THE SECRETARY:    Senator

         4       L. Krueger.

         5                  SENATOR LIZ KRUEGER:    Here.

         6                  THE SECRETARY:    Senator C.

         7       Kruger.

         8                  SENATOR CARL KRUGER:    Here.

         9                  THE SECRETARY:    Senator Lanza.

        10                  SENATOR LANZA:    Here.

        11                  THE SECRETARY:    Senator Larkin.

        12                  SENATOR LARKIN:    Here.

        13                  THE SECRETARY:    Senator LaValle.

        14                  SENATOR LaVALLE:    Here.

        15                  THE SECRETARY:    Senator Leibell.

        16                  SENATOR LEIBELL:    Here.

        17                  THE SECRETARY:    Senator Libous.

        18                  (No response.)

        19                  THE SECRETARY:    Senator Little.

        20                  SENATOR LITTLE:    Here.

        21                  THE SECRETARY:    Senator

        22       Marcellino.

        23                  SENATOR MARCELLINO:    Here.

        24                  THE SECRETARY:    Senator Maziarz.

        25                  SENATOR MAZIARZ:    Here.



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         1                  THE SECRETARY:    Senator McDonald.

         2                  SENATOR McDONALD:    Here.

         3                  THE SECRETARY:    Senator

         4       Montgomery.

         5                  SENATOR MONTGOMERY:    Here.

         6                  THE SECRETARY:    Senator Morahan,

         7       excused.

         8                  Senator Nozzolio.

         9                  SENATOR NOZZOLIO:    Present.

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Padavan, a quorum is present.

        12                  SENATOR PADAVAN:    I asked for all

        13       names to be read, Mr. President.

        14                  ACTING PRESIDENT BRESLIN:    There

        15       is nothing in the rules that requires that all

        16       be read.  There's a quorum present.  We will

        17       move on.

        18                  Senator Klein.

        19                  SENATOR KLEIN:    Mr. President, if

        20       we can return to the order of reports of

        21       standing committees, I believe there is a

        22       report of the Finance Committee at the desk.

        23                  ACTING PRESIDENT BRESLIN:

        24       Returning to the order of reports of standing

        25       committees, there is a report of the Finance



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         1       Committee at the desk.

         2                  The Secretary will read.

         3                  THE SECRETARY:    Senator C.

         4       Kruger, from the Committee on Finance, reports

         5       the following nominations.

         6                  As a member of the New York State

         7       Racing and Wagering Board, Charles J. Diamond,

         8       of Watervliet.

         9                  ACTING PRESIDENT BRESLIN:

        10       Senator Kruger.

        11                  SENATOR CARL KRUGER:    Please move

        12       the nomination.

        13                  ACTING PRESIDENT BRESLIN:    The

        14       question is on the motion to confirm the

        15       nomination of Charles J. Diamond to the

        16       New York State Racing and Wagering Board.  All

        17       those in favor please signify by saying aye.

        18                  (Response of "Aye.")

        19                  ACTING PRESIDENT BRESLIN:

        20       Opposed, nay.

        21                  (Response of "Nay.")

        22                  SENATOR WINNER:    Show of hands.

        23                  SENATOR PADAVAN:    Slow roll call,

        24       please.

        25                  ACTING PRESIDENT BRESLIN:    A slow



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         1       roll call is only appropriate on the final

         2       passage of a bill.

         3                  SENATOR PADAVAN:    Five of us will

         4       stand up to ensure that fact.

         5                  Now a slow roll call.

         6                  ACTING PRESIDENT BRESLIN:    With

         7       the five standing up, you're allowed a written

         8       vote, but not a slow roll call.

         9                  All those in favor please signify

        10       by saying aye.

        11                  (Response of "Aye.")

        12                  ACTING PRESIDENT BRESLIN:

        13       Opposed, nay.

        14                  (Response of "Nay.")

        15                  ACTING PRESIDENT BRESLIN:    The

        16       nomination is confirmed.

        17                  Congratulations, Mr. Diamond.

        18                  (Applause.)

        19                  ACTING PRESIDENT BRESLIN:    Mr.

        20       Diamond is joined in the gallery by his wife,

        21       Giovina; by his children, Bridget and Rob; and

        22       by his brother John and his sister Barbara;

        23       and by his long-time employer, Congressman

        24       Michael McNulty.

        25                  Congratulations, Charles.



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         1                  (Applause.)

         2                  SENATOR PADAVAN:    Mr. President.

         3                  ACTING PRESIDENT BRESLIN:    Yes,

         4       Senator Padavan.

         5                  SENATOR PADAVAN:    A point of

         6       information.

         7                  Since there was no show of hands,

         8       how was the written vote recorded?

         9                  ACTING PRESIDENT BRESLIN:    We can

        10       record that now.

        11                  SENATOR PADAVAN:    Thank you very

        12       much.  Show of hands.

        13                  ACTING PRESIDENT BRESLIN:    All

        14       those in favor of the nomination please

        15       signify by raising their hand.

        16                  The Secretary will announce the

        17       results.

        18                  THE SECRETARY:    Ayes, 31.  Nays,

        19       27.

        20                  (Applause.)

        21                  ACTING PRESIDENT BRESLIN:    The

        22       nomination is confirmed.

        23                  Senator Padavan, why do you rise?

        24                  SENATOR PADAVAN:    Mr. President,

        25       31 votes does not either pass a bill or



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         1       confirm a nominee; 32 votes does.

         2                  ACTING PRESIDENT BRESLIN:

         3       Authority, please, Senator Padavan?

         4                  SENATOR PADAVAN:    Now, if you

         5       recorded 31 votes, then this nominee was not

         6       confirmed.

         7                  ACTING PRESIDENT BRESLIN:

         8       Senator Padavan, I've asked you to recite your

         9       authority.

        10                  SENATOR PADAVAN:    I can recite

        11       it, perhaps not from memory, but if you read

        12       the rules it says very clearly that an act of

        13       this body is by a majority of its members, who

        14       are recorded at 32 at this juncture.

        15                  Now, you reported 31.  I think

        16       that's a fact we all acknowledge.

        17                  ACTING PRESIDENT BRESLIN:

        18       Senator Padavan, the votes required for the

        19       confirmation of a gubernatorial nomination is

        20       not outlined in the Senate rules.

        21                  According to Mason's Legislative 

        22       Manual, Section 510, subsection 2, in the

        23       absence of an express rule the default

        24       requirement is a majority of those Senators

        25       present and voting.



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         1                  Therefore, your point of order is

         2       not in order.

         3                  SENATOR PADAVAN:    Mr. President,

         4       I challenge the ruling of the chair.

         5                  ACTING PRESIDENT BRESLIN:    All

         6       those in favor of challenging the ruling of

         7       the chair raise your hand.

         8                  The Secretary will announce the

         9       results.

        10                  SENATOR SALAND:    Mr. President,

        11       point of order, please.

        12                  ACTING PRESIDENT BRESLIN:    Please

        13       await the tabulation.

        14                  The Secretary will announce the

        15       results.

        16                  SENATOR SALAND:    Before you start

        17       the vote, point of order, if you would.

        18                  ACTING PRESIDENT BRESLIN:    We're

        19       disposing of the first point of order, Senator

        20       Saland.  Could you please wait?

        21                  SENATOR SALAND:    Okay.  Thank

        22       you, sir.

        23                  THE SECRETARY:    Ayes, 27.  Nays,

        24       31.

        25                  ACTING PRESIDENT BRESLIN:    The



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         1       ruling of the chair is confirmed.

         2                  The Secretary will continue to

         3       read, with the exception of Senator Saland.

         4                  SENATOR SALAND:    Thank you,

         5       Mr. President.

         6                  Mr. President, the purpose of my

         7       point of order is to determine whether the

         8       ruling of the chair was that the motion that

         9       you currently deem passed was a substantive

        10       motion or a procedural motion.

        11                  ACTING PRESIDENT BRESLIN:    It

        12       simply stated the factual component of it is

        13       the motion was on the confirmation of a

        14       gubernatorial appointment.

        15                  SENATOR SALAND:    Mr. President,

        16       if I may continue, I believe you said -- you

        17       cited Mason's as the default in the absence of

        18       anything relevant or governing in our rules.

        19                  And I think our rules make a

        20       distinction -- I don't have it in front of

        21       me -- between what is required by way of a

        22       majority vote or a quorum vote, depending upon

        23       whether the vote is deemed substantive or

        24       procedural and whether, in this advice and

        25       consent capacity, this is deemed a substantive



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         1       vote or a procedural vote.

         2                  And I'm merely asking whether you

         3       have deemed this to be a substantive or a

         4       procedural vote.

         5                  ACTING PRESIDENT BRESLIN:

         6       Senator Saland, the chair has not made that

         7       determination.  The determination is not

         8       relevant to this.

         9                  This is solely on a gubernatorial

        10       appointment.  The gubernatorial appointment

        11       has been approved.

        12                  SENATOR SALAND:    I would really,

        13       merely for purposes of the record, state that

        14       what's relevant here is whether it's

        15       substantive or procedural before you can

        16       default to Mason's.

        17                  ACTING PRESIDENT BRESLIN:    What

        18       is your specific point of order?

        19                  SENATOR SALAND:    My specific

        20       point of order is before you can default to a

        21       Mason's, the determination has to be -- you've

        22       made a determination that in fact there's

        23       nothing controlling in our rules.  And by your

        24       saying nothing is controlling in our rules,

        25       you're failing to recognize a distinction in



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         1       the rules between substantive and procedural.

         2                  ACTING PRESIDENT BRESLIN:    I

         3       would say that that's asked and answered.  The

         4       nomination is confirmed.

         5                  Let's move on.  The Secretary will

         6       read.

         7                  THE SECRETARY:    As a member of

         8       the State Board of Parole, Elisabeth Gotbaum,

         9       of New York City.

        10                  SENATOR CARL KRUGER:    On the

        11       nomination, please move it.

        12                  ACTING PRESIDENT BRESLIN:

        13       Senator Hassell-Thompson, on the nomination.

        14                  SENATOR HASSELL-THOMPSON:    Thank

        15       you, Mr. President.

        16                  I rise to thank the Governor for

        17       the appointment of Elisabeth "Betsy" Gotbaum.

        18                  She came before the committee and,

        19       prior to her presentation to us, she has a

        20       long history of public service that would make

        21       her duly fit for this position, and for this I

        22       am here to present her name in nomination.

        23                  Thank you, Mr. President.

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Huntley.



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         1                  SENATOR HUNTLEY:    Thank you,

         2       Mr. President.

         3                  I rise to congratulate Betsy, who I

         4       have known for many, many years, have worked

         5       in many different capacities with her.  And I

         6       also send regards to her family.

         7                  And I have to say she's an

         8       excellent choice, and I thank the Governor for

         9       making such a great, great choice.

        10                  Thank you.

        11                  ACTING PRESIDENT BRESLIN:

        12       Senator Schneiderman.

        13                  SENATOR SCHNEIDERMAN:    Thank you,

        14       Mr. President.  I also rise in support of this

        15       nominee.

        16                  Ms. Gotbaum is a great New Yorker.

        17       She's been in public service for many years,

        18       going back to working on the staff of a

        19       Republican mayor, John Lindsay.

        20                  She is really one of those people

        21       who embodies the ethic of giving back to the

        22       community.  Her work as parks commissioner,

        23       her work for the New York Police Foundation,

        24       her work in saving the New York Historical

        25       Society -- she's just a great New Yorker.



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         1                  She will make a great addition to

         2       the government.  I look forward to working

         3       with her in the area of criminal justice.  The

         4       State of New York and all of us are lucky to

         5       have her continued willingness to serve.

         6                  I strongly urge everyone to vote in

         7       support of this nominee, Mr. President.

         8                  ACTING PRESIDENT BRESLIN:    Thank

         9       you, Senator Schneiderman.

        10                  Senator Adams, on the nomination.

        11                  SENATOR ADAMS:    Thank you,

        12       Mr. President.

        13                  I too rise and I really appreciate

        14       just the lifetime of service of Ms. Gotbaum.

        15                  And I remember during the Sean Bell

        16       shooting and the hearings we held, the long

        17       hearings throughout the entire city, and just

        18       your commitment, you came early, you stayed

        19       throughout the entire hearings, you heard the

        20       concerns of all the various communities, and

        21       you continued just to repeatedly show what's

        22       best about the greatest race alive, and that's

        23       the human race.

        24                  And I'm glad that you are a friend

        25       and you will continue to contribute to the



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         1       great State of New York.

         2                  ACTING PRESIDENT BRESLIN:    Thank

         3       you, Senator Adams.

         4                  Senator Stavisky.

         5                  SENATOR STAVISKY:    Thank you,

         6       Mr. President.

         7                  I too am proud to call Betsy

         8       Gotbaum a friend.  She brings a wonderful

         9       breadth of experience to state government --

        10       first, commissioner of the Parks and

        11       Recreation Department, New York Historical

        12       Society, public advocate -- you name it, Betsy

        13       Gotbaum has been there, she's done it.

        14                  And I think it's exciting that she

        15       is bringing this experience to state

        16       government.  And there is no doubt that she's

        17       embarking on a new career, but at the same

        18       time there are so many people here who have so

        19       much respect for Betsy Gotbaum and for Victor,

        20       her husband.

        21                  And we just congratulate her on her

        22       nomination.

        23                  Thank you, Mr. President.

        24                  ACTING PRESIDENT BRESLIN:    Thank

        25       you, Senator Stavisky.



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         1                  Senator Oppenheimer.

         2                  SENATOR OPPENHEIMER:    Very

         3       briefly, those of us who have had the pleasure

         4       of knowing Betsy through many years know that

         5       she is a perfect person for this, because

         6       she's creative, innovative, thoughtful.  And

         7       also it should be mentioned that she's

         8       generous and kind.

         9                  And I think the combination of

        10       intellect and compassion will serve her very

        11       well in this job.  And each time she takes on

        12       a new job, she does it with great enthusiasm.

        13                  And so we're very happy that you

        14       are still willing to keep trying again and

        15       again to fulfill the role that you see for

        16       yourself, which is really being a person of

        17       the community, a person there to help others.

        18                  Thanks, Betsy.

        19                  ACTING PRESIDENT BRESLIN:    Thank

        20       you, Senator Oppenheimer.

        21                  Senator Duane.

        22                  SENATOR DUANE:    Thank you,

        23       Mr. President.

        24                  I too rise in strong support of

        25       Betsy Gotbaum's nomination.  From Betsy's



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         1       really amazing work as the New York City parks

         2       commissioner during very, very difficult

         3       economic times, where she was able to make

         4       improvements to parks and to make do with

         5       less, but make sure that parks were available

         6       for New Yorkers to use -- the job she did

         7       during those difficult times was really

         8       amazing.

         9                  And also her work to preserve all

        10       of the very important parts of New York's

        11       history, with her work at the Historical

        12       Society.  Again, during very, very difficult

        13       times for that institution, she worked very

        14       hard to make sure that that institution was

        15       able not just to survive but to set it up so

        16       that it could thrive.

        17                  And I think the other important

        18       thing is that Betsy Gotbaum's life has not

        19       been without adversity, without tragedy.  And

        20       she already brought sort of institutionally

        21       smarts and compassion to every job that she

        22       did, but I also think that her life

        23       experience, her most recent life experience

        24       also will serve her well in a new job, and I

        25       know she'll use that life experience in her



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         1       new position.

         2                  So I think that the Governor has

         3       really made an excellent choice, and I

         4       strongly recommend a yes vote on this

         5       nomination, Mr. President.

         6                  ACTING PRESIDENT BRESLIN:

         7       Senator Savino.

         8                  SENATOR SAVINO:    Thank you,

         9       Mr. President.  I'll be very brief on behalf

        10       my friend Betsy Gotbaum.

        11                  And you've heard many of the people

        12       here today call her friend, and she is.  She's

        13       a friend not just to us personally, but she's

        14       been a friend to the City of New York.  And

        15       I'm going to commend the Governor and

        16       congratulate him on his appointment.

        17                  You know, generally when people

        18       come in to be interviewed by whatever the

        19       particular committee is for whatever the

        20       particular position is, we get a resume or a

        21       little curriculum vitae.  But Betsy Gotbaum's

        22       life work has been so rich and so varied that

        23       she had to send in her biography.  And what is

        24       a biography it is.  You all have it; you can

        25       read it.



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         1                  And interestingly, like a lot of

         2       women of her generation, she doesn't hide

         3       behind the powerful man that she was married

         4       to.  He's right on the bottom of the last

         5       page -- just as a footnote, she's married to

         6       Victor Gotbaum.

         7                  Both Betsy and Victor have been

         8       real friends of the City of New York in so

         9       many ways.  All of you know their history.

        10                  And I will tell you, I'm not sure

        11       why Betsy wants to continue working.  I

        12       thought she was going to start to enjoy

        13       retirement.  But I'm glad you're not.

        14                  Congratulations to you, to Victor

        15       and your entire family.

        16                  Thank you.

        17                  ACTING PRESIDENT BRESLIN:    The

        18       question is on the nomination.  All those in

        19       favor please signify by saying aye.

        20                  (Response of "Aye.")

        21                  ACTING PRESIDENT BRESLIN:

        22       Opposed, nay.

        23                  (Response of "Nay.")

        24                  SENATOR PADAVAN:    Slow roll call,

        25       Mr. President, if we may.



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         1                  ACTING PRESIDENT BRESLIN:    Do

         2       five Senators rise to request that recording?

         3                  All those in favor of the

         4       nomination please signify by raising their

         5       hand.

         6                  The Secretary will announce the

         7       results.

         8                  THE SECRETARY:    Ayes, 31.  Nays,

         9       27.

        10                  ACTING PRESIDENT BRESLIN:    The

        11       nomination is hereby confirmed.

        12                  SENATOR PADAVAN:    Point of order,

        13       Mr. President.

        14                  Once again, if I may -- and I'll be

        15       very brief -- your determination that this

        16       confirmation took place by 31 votes is

        17       contrary to what has happened in this Senate

        18       for as long as I have been here, and that's

        19       38 years.  Namely, that a majority, one more

        20       than half of the numbers of the Senators, must

        21       confirm.

        22                  That has not taken place.  Your

        23       deference to Mason's, as pointed out by

        24       Senator Saland, indicated that this was a

        25       procedural matter, which I believe it is not.



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         1       It is a substantive matter.  Advice and

         2       consent is a substantive matter.  To say

         3       otherwise demeans not only the process but

         4       also the nominees and the power of the

         5       Governor.

         6                  ACTING PRESIDENT BRESLIN:

         7       Senator Padavan, this is a gubernatorial

         8       appointment.  There's nothing in the rules to

         9       outline it.  We go to Mason's.  And I would

        10       rest back with what I previously ruled.

        11                  The point of order therefore is out

        12       of order.

        13                  SENATOR PADAVAN:    Appeal the

        14       ruling of the chair.

        15                  ACTING PRESIDENT BRESLIN:    All

        16       those in favor of overruling the chair please

        17       raise their hands.

        18                  The Secretary will announce the

        19       results.

        20                  THE SECRETARY:    Ayes, 26.  Nays,

        21       31.

        22                  ACTING PRESIDENT BRESLIN:    The

        23       ruling of the chair is affirmed.

        24                  The motion carries.  The nomination

        25       of Elisabeth F. Gotbaum is hereby confirmed.



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         1                  Congratulations, Ms. Gotbaum.

         2                  (Applause.)

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator Klein.

         5                  SENATOR KLEIN:    Mr. President,

         6       can we please return to motions and

         7       resolutions and please take up resolution

         8       Number 3908, by Senator Aubertine.  I move

         9       that the title of the resolution be read and

        10       move for its immediate adoption.

        11                  ACTING PRESIDENT BRESLIN:    The

        12       Secretary will read.

        13                  THE SECRETARY:    By Senator

        14       Aubertine, Legislative Resolution Number 3908,

        15       memorializing Governor David A. Paterson to

        16       proclaim February 20 through 27, 2010, as

        17       Future Farmers of America Week in the State of

        18       New York.

        19                  ACTING PRESIDENT BRESLIN:    The

        20       question is on the resolution.  All those in

        21       favor please signify by saying aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT BRESLIN:

        24       Opposed, nay.

        25                  (No response.)



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         1                  ACTING PRESIDENT BRESLIN:    The

         2       resolution is adopted.

         3                  Senator Klein.

         4                  SENATOR KLEIN:    Mr. President,

         5       can we now go back and finish the standing

         6       committees.

         7                  I believe there's a report of the

         8       Finance Committee.  Can we continue with the

         9       report of the Finance Committee.

        10                  ACTING PRESIDENT BRESLIN:    Yes.

        11       The Secretary will read.

        12                  THE SECRETARY:    Senator Kruger,

        13       from the Committee on Finance, reports the

        14       following nominations.

        15                  As a members of the Finger Lakes

        16       State Park, Recreation and Historic

        17       Preservation Commission, Robert K. Bergan, of

        18       Auburn.

        19                  As a member of the Palisades

        20       Interstate Park Commission, Keith Cornell, of

        21       Valley Cottage.

        22                  As a member of the State Park,

        23       Recreation and Historic Preservation

        24       Commission for the City of New York, Michael

        25       Tannen, of New York City.



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         1                  As members of the Advisory Council

         2       on Agriculture, Joy D. Crist, of Walden;

         3       Cheryl K. Horton, of Philadelphia; and Daniel

         4       J. McGarr, of King Ferry.

         5                  As a member of the Capital District

         6       Transportation Authority, Lisa A. Ballout, of

         7       Clifton Park.

         8                  As a member of the Central New York

         9       Regional Transportation Authority, Robert F.

        10       Cuculich, of Liverpool.

        11                  As a member of the Republic Airport

        12       Commission, Stella M. Barbera, of Lindenhurst.

        13                  As a member of the Thousand Islands

        14       State Park, Recreation and Historic

        15       Preservation Commission, Joseph Chavoustie, of

        16       Cape Vincent.

        17                  As director of the New York

        18       Convention Center Operating Corporation,

        19       Jeffrey Scruggs, of New York City.

        20                  And as commissioners of the State

        21       Insurance Fund, Eileen Frank, of New York

        22       City, and Robert H. Hurlbut, of Honeoye Falls.

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Kruger.

        25                  SENATOR CARL KRUGER:    Please move



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         1       all the nominations.

         2                  ACTING PRESIDENT BRESLIN:    Are

         3       there any Senators wishing to be heard on the

         4       nominations?

         5                  The question is then on the

         6       confirmation of the nominations.  All those in

         7       favor please signify by saying aye.

         8                  (Response of "Aye.")

         9                  ACTING PRESIDENT BRESLIN:

        10       Opposed, nay.

        11                  (No response.)

        12                  ACTING PRESIDENT BRESLIN:    The

        13       motion carries.  The nominations are

        14       confirmed.

        15                  Senator Klein.

        16                  SENATOR KLEIN:    Mr. President, is

        17       there any further business at the desk?

        18                  ACTING PRESIDENT BRESLIN:

        19       Senator Klein, the desk is clear.

        20                  SENATOR KLEIN:    There being none,

        21       I move we adjourn until tomorrow, Wednesday,

        22       February 24th, at 2:00 p.m.

        23                  ACTING PRESIDENT BRESLIN:    There

        24       being no further business to come before the

        25       Senate, on motion, the Senate stands adjourned



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         1       until Wednesday, February 24th, at 2:00 p.m.

         2                  (Whereupon, at 6:48 p.m., the

         3       Senate adjourned.)

         4

         5

         6

         7

         8

         9

        10

        11

        12

        13

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24

        25



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