Regular Session - April 5, 2011
          
    
          
   
  
  
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         1                 NEW YORK STATE SENATE
         2
         3
         4                THE STENOGRAPHIC RECORD
         5
         6
         7
         8
         9                   ALBANY, NEW YORK
        10                     April 5, 2011
        11                       3:10 p.m.
        12
        13
        14                    REGULAR SESSION
        15
        16
        17
        18  LIEUTENANT GOVERNOR ROBERT J. DUFFY, President
        19  FRANCIS W. PATIENCE, Secretary
        20
        21
        22
        23
        24
        25
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         1                 P R O C E E D I N G S
         2                  THE PRESIDENT:    The Senate will
         3       now come to order.
         4                  I'd like to ask everyone to please
         5       rise and repeat with me the Pledge of
         6       Allegiance.
         7                  (Whereupon, the assemblage recited
         8       the Pledge of Allegiance to the Flag.)
         9                  THE PRESIDENT:    Today's
        10       invocation will be given by the Reverend Ana
        11       Thomas, who is the pastor of Christ Lives in
        12       Me Evangelist Church in Bronx, New York.
        13                  REVEREND THOMAS:    Good evening.
        14       God bless each one of you today.  It's a
        15       privilege to be here before your presence.
        16                  I have the privilege to start the
        17       prayer, the invocation, in three languages:
        18       English, Spanish, and my native Garifuna.
        19                  We thank You, Lord.  We give You
        20       the glory at this time.  We thank You for each
        21       one of my brothers and sisters, the Senators
        22       that are here present, the men of God that
        23       have come to this day, this very special day.
        24                  And we ask You, God, for Your glory
        25       to be seen.  And we ask You in a very special
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         1       way to put Your wisdom, God, to give them the
         2       strength, both physical and spiritual, that
         3       they need.
         4                  [In Spanish.]
         5                  [In Garifuna.]
         6                  God bless you.
         7                  (Applause from the gallery.)
         8                  THE PRESIDENT:    Thank you, Pastor
         9       Thomas.
        10                  Next, the reading of the Journal.
        11                  THE SECRETARY:    In Senate,
        12       Monday, April 4th, the Senate met pursuant to
        13       adjournment.  The Journal of Sunday,
        14       April 3rd, was read and approved.  On motion,
        15       Senate adjourned.
        16                  THE PRESIDENT:    Without
        17       objection, the Journal stands approved as
        18       read.
        19                  Next, presentation of petitions.
        20                  Messages from the Assembly.
        21                  Messages from the Governor.
        22                  Reports of standing committees.
        23                  The Secretary will read.
        24                  THE SECRETARY:    Senator
        25       DeFrancisco, from the Committee on Finance,
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         1       offers the following appointments.
         2                  As director of New York State Urban
         3       Development Corporation, Kenneth G. Adams, of
         4       Brooklyn.
         5                  As president and chief executive
         6       officer of the Empire State Development
         7       Corporation, Kenneth G. Adams, of Brooklyn.
         8                  And as commissioner of the New York
         9       State Department of Economic Development,
        10       Kenneth G. Adams, of Brooklyn.
        11                  THE PRESIDENT:    Senator
        12       DeFrancisco.
        13                  SENATOR DeFRANCISCO:    Thank you,
        14       Mr. President.
        15                  I'm proud to rise in support of the
        16       nomination of Ken G. Adams to the three-hatted
        17       position, all for the price of one, I
        18       understand.  And Mr. Adams is with us today.
        19                  And this is a wonderful appointment
        20       by the Governor.  Mr. Adams has the business
        21       experience and the practical knowledge of the
        22       way government operates to do a wonderful job.
        23                  The thing that most impressed me in
        24       our committee was his statement that, you
        25       know, there's a limited number of dollars for
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         1       special programs for incentives.  What's going
         2       to take this state to the next level is really
         3       dealing with overall economic issues, issues
         4       that will help everyone, issues that will make
         5       this state more attractive to all businesses
         6       to stay here and to come here.
         7                  And to that I said amen.  And I
         8       wasn't praying before this body before the
         9       session start, I said amen earlier today.
        10                  So that's the type of individual we
        11       need.  Another wonderful appointment by the
        12       Governor.  And I'm just happy that he's
        13       willing to take this position at this time in
        14       history.
        15                  I would request that you recognize
        16       Senator Alesi to second the nomination.
        17                  THE PRESIDENT:    Thank you,
        18       Senator.
        19                  Senator Alesi.
        20                  SENATOR ALESI:    Thank you,
        21       Mr. President.
        22                  As the chairperson of Economic
        23       Development, and more importantly as someone
        24       who has had the opportunity over the last few
        25       years to work directly with Ken Adams, I can
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         1       speak to his abilities.  And I have great
         2       admiration for what I think is a gentleman
         3       who's going to do a terrific job.  The vision
         4       of Governor Cuomo is certainly stand-out when
         5       it comes to this choice.
         6                  I know that he will have an active
         7       partnership working with the Lieutenant
         8       Governor as they pursue the economic
         9       development of our state.  I completely
        10       embrace that partnership under the Governor's
        11       vision.
        12                  Again, I applaud the Governor for
        13       this nomination.  And I know that when Ken
        14       Adams was answering questions at various
        15       committee hearings today, he said first and
        16       foremost he would like to take his advocacy
        17       and turn it into action to create jobs.
        18                  And I can tell you, my fellow
        19       Senators, that he has already done that.
        20       Because in just a few short minutes, he will
        21       have created three jobs, as the director of
        22       the New York State Urban Development
        23       Corporation, the president and CEO of Empire
        24       State Development Corp., and the commissioner
        25       of the New York State Department of Economic
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         1       Development.
         2                  I wish Ken Adams all the best in
         3       his partnership with the Lieutenant Governor
         4       and with all of us.  We want this Governor to
         5       succeed.  We want this state to be the
         6       economic Empire State that it was.  And I am
         7       sure that we have the best person in the job
         8       for that in Ken Adams.
         9                  THE PRESIDENT:    Thank you,
        10       Senator.
        11                  Next, Senator Adams.
        12                  SENATOR ADAMS:    Thank you,
        13       Lieutenant Governor.  It's good to see you
        14       back, by the way.
        15                  THE PRESIDENT:    Thank you, sir.
        16       Good to be back.
        17                  SENATOR ADAMS:    I want to just
        18       say personally how I thank Ken.  You know, you
        19       can see the resemble -- he's part of the Adams
        20       clan.
        21                  (Laughter.)
        22                  SENATOR ADAMS:    You know, he was
        23       in Brooklyn with the Brooklyn Chamber of
        24       Commerce and just did great things.  He
        25       thought outside the box.  He was extremely
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         1       creative.  The business community was just
         2       blessed to have Ken there.  But, you know, I
         3       think the borough's loss is the state's gain.
         4       And we're still part of the state, so we have
         5       retained a great leader in Ken Adams.
         6                  And his door is open, his ideas are
         7       open, he brings a new energy and a new spirit.
         8       And most important, he brings a level of
         9       creativity that's needed in the state to
        10       figure out how do we get the state back to
        11       employment.
        12                  So, Ken, welcome.  We appreciate
        13       you and your family.  And I think this state
        14       has a great choice, the Governor made the
        15       right decision on bringing you on board.
        16                  Thank you.
        17                  THE PRESIDENT:    Thank you,
        18       Senator.
        19                  Next, Senator Ranzenhofer.
        20                  SENATOR RANZENHOFER:    Thank you,
        21       Mr. President.
        22                  I would also like to rise today and
        23       commend Governor Cuomo for selecting Ken Adams
        24       for these positions.  I think it was a very
        25       good selection because obviously, with his
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         1       experience and background with the Chamber of
         2       Commerce and most recently with the Business
         3       Council, what better way to send a message
         4       with economic development that will bring
         5       somebody who has experience with private
         6       business.  I think that was so much needed for
         7       this particular appointment.
         8                  What impressed me today in
         9       Corporations, Authorities and Commissions is
        10       the fact that this new appointment realizes
        11       that we can't afford to be last in tax climate
        12       in this community.  In order to bring back
        13       jobs, whether it's large business or small
        14       business -- and Mr. Adams testified about this
        15       this morning -- we really have to lower the
        16       taxes in this state to make us more
        17       competitive with not only the states around
        18       us, but the states in the rest of the nation.
        19                  So I look forward to working with
        20       Ken.  We had a very good relationship when he
        21       was with the Business Council.  And I'm sure
        22       that he will do great work for the State of
        23       New York in his new position.  So again,
        24       congratulations, and look forward to working
        25       with you on a continued basis.
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         1                  THE PRESIDENT:    Thank you,
         2       Senator.
         3                  Senator Sampson.
         4                  SENATOR SAMPSON:    Thank you very
         5       much, Mr. President.
         6                  I rise to commend the Governor on
         7       his selection of Ken Adams as president and
         8       CEO of Empire State Development Corporation.
         9       As Senator Adams said, Brooklyn has done well.
        10                  Ken, I want to commend you on your
        11       commitment, your dedication, but most of all
        12       the vision that you have.  You've done it in
        13       Brooklyn, you've done it with the Business
        14       Council, and now you will do it throughout the
        15       State of New York.
        16                  Once again, New York will be the
        17       true Empire State again.  And it's individuals
        18       like yourself who understand that the most
        19       important things are jobs, jobs, and jobs --
        20       but at the same time understanding the people
        21       who need these jobs.  And this is something
        22       that you always had a sixth sense, dealing
        23       with individuals irrespective of parties
        24       because the most important thing was giving
        25       those individuals an opportunity to excel,
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         1       giving people the opportunity to excel.
         2                  So I want to commend you on being
         3       the person who you are.  We are lucky, and the
         4       Governor made an excellent appointment by
         5       appointing you as president and CEO.
         6       Congratulations, and you have done Brooklyn
         7       very proud.
         8                  THE PRESIDENT:    Thank you,
         9       Senator.
        10                  Senator Smith.
        11                  SENATOR SMITH:    Thank you very
        12       much, Mr. President.
        13                  I rise to second the nomination of
        14       Ken Adams and to tell the Governor that he
        15       could not have done any better to pick someone
        16       of Ken Adams' caliber.  We here in the Senate
        17       passed an on-time budget that cut taxes, that
        18       cut spending, and the third arm of that
        19       process is to create jobs.  Ken Adams is the
        20       person to do that.
        21                  He is someone who not only hails
        22       from Brooklyn, but remember, he is the head of
        23       a 2500-organization group, the Business
        24       Council of the State of New York, that
        25       required someone to understand the importance
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         1       of One New York, a state where we have always
         2       been the Empire State, we have always led in
         3       technology, we've led in creating creative
         4       jobs.  And I believe Ken is the person who
         5       will use his integrity and his intellect to
         6       not only create jobs in the State of New York
         7       but to use his international relations.
         8                  Where we now recognize that this
         9       world and this globe has become very small,
        10       it's going to require one that has the ability
        11       to reach beyond the borders of New York or
        12       California, but China, India and abroad.
        13                  So I think the Governor has done
        14       well.  I congratulate him and look forward to
        15       us as a body, Ken, becoming part of your team
        16       in creating New York and making it once again
        17       the Empire State.
        18                  THE PRESIDENT:    Thank you,
        19       Senator.
        20                  Senator Kennedy.
        21                  SENATOR KENNEDY:    Thank you,
        22       Mr. President.
        23                  I too want to congratulate you,
        24       Mr. Adams.  I want to thank the Governor for a
        25       tremendous choice in nominating Mr. Ken Adams
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         1       as president and CEO of the Empire State
         2       Development Corporation as well as
         3       commissioner of Economic Development.
         4                  I can tell you, as ranking member
         5       of the Economic Development Committee, I look
         6       forward to working with you, along with the
         7       chair, Senator Alesi, and moving New York
         8       State forward, creating jobs and opportunity,
         9       and giving people an opportunity to stay here
        10       in New York State.
        11                  And unfortunately, we've seen the
        12       statistics once again.  Even this past week
        13       we've seen statistics from the census,
        14       particularly from the region that I come from
        15       in Western New York, thousands of people have
        16       left in the last 10 years, tens of thousands
        17       of people from the county where I reside, in
        18       Erie County, to find jobs and opportunity
        19       elsewhere.  We look forward to working with
        20       you to reverse those trends.
        21                  And, you know, your resume speaks
        22       for itself.  Your expertise is far and beyond
        23       what is called for in order to lead this state
        24       in the right direction.  Your work with
        25       business, the Business Council, and small
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         1       businesses in particular, that we're going to
         2       need that expertise to move New York State in
         3       the right direction.
         4                  Again, congratulations, Mr. Adams.
         5       I thank the Governor for his choice.  And I
         6       will say, though, unfortunately the only flaw
         7       you bring to the table is that you are a
         8       New York Rangers fan.
         9                  (Laughter.)
        10                  SENATOR KENNEDY:    So we won't
        11       hold that against you today.
        12                  Thank you.
        13                  THE PRESIDENT:    Thank you,
        14       Senator.
        15                  With that, we'll move on to Senator
        16       Liz Krueger.
        17                  SENATOR LIZ KRUEGER:    I'll stay
        18       out of the sporting disputes between upstate
        19       and downstate.
        20                  I appreciate very much the Governor
        21       giving us this fine nominee.  It's quite the
        22       challenge to take on economic development at
        23       this time in our economy, not just in New York
        24       State but throughout the country.
        25                  And I am confident that Mr. Adams
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         1       will move us forward, recognizing that an even
         2       playing field for everyone in the business
         3       community is one way to assure that we are
         4       expanding and strengthening our opportunities
         5       here in New York State.
         6                  I also particularly appreciated, in
         7       my discussions with Mr. Adams, the importance
         8       that he puts on quality data and research for
         9       planning purposes.  Sometimes we forget to do
        10       the homework before we move forward.
        11                  So I am very excited that the
        12       Governor and through the budget we have
        13       expanded into regional councils.  I'm
        14       delighted to see you here, Lieutenant
        15       Governor, because I know you will also be
        16       playing a key role in that assignment, along
        17       with Mr. Adams and the economic development
        18       organizations in this state.  And I look
        19       forward to seeing real progress and real
        20       movement with new ideas and smart planning for
        21       the State of New York.
        22                  And so, again, I thank the Governor
        23       for this fine nominee and I look forward to
        24       working with him.
        25                  Thank you.
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         1                  THE PRESIDENT:    Thank you,
         2       Senator.
         3                  Senator Robach.
         4                  SENATOR ROBACH:    Yes,
         5       Mr. President.  Let me also applaud the
         6       Governor on this great choice and congratulate
         7       Ken.  As my other colleagues have said, he
         8       certainly does have a great track record, and
         9       a very good choice.
        10                  Everything we do is important in
        11       government.  But I would say this one in
        12       particular is very important, especially at
        13       this point in time when, as my colleague
        14       Senator Kennedy said, jobs are critically
        15       important.
        16                  So I am very much looking forward
        17       to working with Mr. Adams and others on
        18       partnerships, policies that are going to help
        19       private-sector job growth.  Clearly I don't
        20       think -- we use that term "lift all ships."
        21       Any job not only impacts an individual family
        22       or person who gets that, but makes our whole
        23       community stronger and our state stronger.
        24                  So I'm glad we have a good person
        25       at the helm, and I'll pledge my continued
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         1       support to do all we can to improve the
         2       economy here in New York.
         3                  Thank you, Mr. President.
         4                  THE PRESIDENT:    Thank you,
         5       Senator.
         6                  Next, Senator Farley.
         7                  SENATOR FARLEY:    Thank you,
         8       Mr. President.
         9                  I rise to compliment the Governor.
        10       You know, appointment after appointment has
        11       been outstanding.  And to get these talented
        12       citizens willing to serve our government is
        13       really a tremendous accomplishment.
        14                  And this in particular is a
        15       remarkable accomplishment because, Ken, I
        16       don't think there's a greater priority of this
        17       house, of the Governor, of the Lieutenant
        18       Governor than economic development and jobs.
        19       It has been a major priority for this state,
        20       and there's nobody, there is no one that I
        21       know of that has a better view of the entire
        22       state from Brooklyn to Niagara.  The entire
        23       state.
        24                  You have served the Business
        25       Council and the economic community well.
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         1       You're a fantastic appointment.  I look
         2       forward to your tenure because you're going to
         3       do a great job for us, and we're lucky to have
         4       you.  And congratulations.
         5                  THE PRESIDENT:    Thank you,
         6       Senator.
         7                  Next, Senator Perkins.
         8                  SENATOR PERKINS:    Thank you very
         9       much.  I rise to join my colleagues in
        10       supporting this nomination fully and
        11       congratulating the Governor for his choice,
        12       including congratulating Ken Adams for his
        13       sterling qualifications.
        14                  And we've had good conversations in
        15       terms of what I would like to see, what some
        16       of us would like to see, particularly with
        17       regard to MWBE and particularly with regard to
        18       the community and getting the community
        19       involved.
        20                  We had some conversations about
        21       eminent domain, and I shared with him honestly
        22       my interest in reforming eminent domain.  You
        23       know, we're 10 years after the Kelo case and
        24       nothing has really transpired in a positive
        25       way for those communities.  And we're
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         1       concerned that we might have similar
         2       circumstances in New York State, particularly
         3       in the area that has come to be known as
         4       Atlantic Yards, recently reported in the
         5       newspapers -- particularly in the Wall Street 
         6       Journal and the New York Post -- in terms of
         7       how that project is not moving forward as we
         8       had hoped it would be.
         9                  But nevertheless, I think he's the
        10       right one for this time, look forward to
        11       working with him, and appreciate the
        12       conversations that we've had.
        13                  Congratulations.
        14                  THE PRESIDENT:    Thank you,
        15       Senator.
        16                  Next, Senator Golden.
        17                  SENATOR GOLDEN:    Thank you,
        18       Mr. President.
        19                  There's a lot of expectations down
        20       here for you, Mr. Ken Adams.  And it's been a
        21       privilege working with you for all these
        22       years, working in Kings County and working
        23       here in the state to try to bring jobs back to
        24       this great state.
        25                  Our prayers go out to you on the
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         1       loss of your father last week, and our prayers
         2       from all of our conference down here.  But
         3       I'll tell you, your father is shining right
         4       now down on you.  He's saying his favorite son
         5       has proven not only to himself but to his
         6       family and to his city and state what a great
         7       contribution he's been able to make.
         8                  And we are very, very proud of you.
         9       You've been able to bring thousands of
        10       businesses together and tens of thousands of
        11       people together.  You've been able to improve
        12       working environments in the city, especially
        13       in Brooklyn and across this state.  You worked
        14       with the high schools and with the colleges
        15       and one of them right next to you, Xaverian
        16       High School, in being able to turn around and
        17       get those kids the opportunity, get the right
        18       training for the future jobs that are coming
        19       into our city and into our state.
        20                  You were the head of many different
        21       corporations -- the CUNY Leadership Team, for
        22       one.  And being able to work with you to put
        23       in a health program for small business that is
        24       a model of the nation today and up and down
        25       the State of New York.
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         1                  You've done a lot of great things,
         2       Ken, and we're proud of you.  A lot more to be
         3       done.  And cutting the regulations that we
         4       have and the fees and the licenses that are on
         5       small businesses.  You get it.  You understand
         6       it.  And that's why all of my colleagues here
         7       are proud to see you where you are, because we
         8       know that you will be able to bring business
         9       back and increase business in the city and
        10       state of New York.
        11                  God bless you.  Godspeed to you and
        12       your family.  We know you'll do a great job.
        13       I vote aye.
        14                  THE PRESIDENT:    Thank you,
        15       Senator.
        16                  Next, Senator Zeldin.
        17                  SENATOR ZELDIN:    Thank you,
        18       Mr. President.
        19                  I guess I can start off by saying
        20       what Senator Golden said.  I'm a huge personal
        21       fan of you, Ken.
        22                  And coming off of a week last week
        23       where this house, this Legislature passed an
        24       on-time budget, we held the line on taxes --
        25       in fact, cut taxes, we cut spending.  I come
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         1       from a district, we all come from districts
         2       that have employment problems.  It's not just
         3       unemployment; for many, it's underemployment.
         4       And for us to come off of that great success
         5       last week, I have to commend the Governor.
         6                  I have to wish you the best of
         7       luck.  But what a great way to start this
         8       post-budget season, with someone like Ken
         9       Adams taking the helm in a role so important
        10       at such a critical time in our state.
        11                  Best of luck.  I look forward to
        12       working with you.
        13                  THE PRESIDENT:    Thank you,
        14       Senator.
        15                  Next, Senator Marcellino.
        16                  SENATOR MARCELLINO:    Thank you,
        17       Mr. President.
        18                  I also rise to congratulate Ken
        19       Adams on his appointment.  I congratulate the
        20       Governor for bringing us another great
        21       nominee.
        22                  The Governor has stated that
        23       New York is open for business.  And I hope it
        24       is.  And I'm here to work with you to see that
        25       it is.  We talk about jobs.  Everybody that
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         1       has spoken before has talked about jobs, jobs,
         2       jobs, creation of jobs, giving employment
         3       opportunities for our young people, keeping
         4       people here in our state so that we can
         5       maintain the great Empire State that this has
         6       always been and keep it going and growing.
         7                  We need businesses.  We need to
         8       attract businesses to this state that grow
         9       things, that will make things, that will do
        10       something.  It can't be just a slogan.  It
        11       can't be just "I Love New York" and we go
        12       away.  It's got to be a real actual campaign
        13       where we go out and we compete.
        14                  We are in an international economy.
        15       I don't have to tell you that.  And I don't
        16       have to repeat it for the people of this
        17       state.  They know it.  We are in competition
        18       with everyone around us.  Every state around
        19       us, every country around us, all looking for
        20       the businesses that we have here in New York
        21       or we have here in the United States, to come
        22       to their country or their state.
        23                  We need to keep them here in
        24       New York.  Anything we can do, everything we
        25       can do to support you, and everything you can
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         1       do will be appreciated by the people of this
         2       state.  Because we want to keep them employed.
         3       We want careers -- not just jobs, not just
         4       temporary construction jobs, but careers for
         5       our people so that they will be here and that
         6       our state will flourish.
         7                  So, Mr. President, I vote aye on
         8       this appointment and look forward to working
         9       with both of you in the future.
        10                  THE PRESIDENT:    Thank you,
        11       Senator.
        12                  Next, Senator Montgomery.
        13                  SENATOR MONTGOMERY:    Thank you,
        14       Mr. President.  And I join my colleagues in
        15       welcoming you back.  We're very happy to you
        16       to see you there.
        17                  And I want to compliment the
        18       Governor on this appointment, because it is
        19       someone that I'm very familiar with from
        20       Brooklyn, my former fellow Brooklynite.
        21                  And I want to also say this is one
        22       of those moments in time when one person who
        23       has been nominated is being welcomed by both
        24       sides of the aisle, upstate and downstate,
        25       Long Island to Buffalo and all in between.
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         1       And I certainly want to join them.
         2                  And I am so happy that Mr. Adams
         3       knows all about the Brooklyn Navy Yard, the
         4       part of Brooklyn that we've worked together
         5       on.  And Red Hook, the part of the waterfront
         6       that he is very familiar with.  The Brooklyn
         7       Army Terminal and all of those small
         8       businesses, light-industry businesses as well
         9       as the larger corporations that are
        10       multinational and what have you.
        11                  So I'm really looking forward to
        12       it.  I'm happy to say welcome and
        13       congratulations, because I know that Brooklyn
        14       will now be in the house.  So thank you.
        15       Congratulations.
        16                  Thank you, Mr. President.
        17                  THE PRESIDENT:    Thank you,
        18       Senator.
        19                  Senator Hassell-Thompson.
        20                  SENATOR HASSELL-THOMPSON:    Thank
        21       you, Mr. President.
        22                  I rise to congratulate the Governor
        23       on his appointment of Mr. Adams as well.
        24                  And while I have the same concern
        25       as all of us do about this entire state, I am
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         1       very concerned about the landmark
         2       determinations and decisions that this
         3       Legislature has made around MWBE.  And I am
         4       very hopeful that not only did we do landmark
         5       legislation, but that we will do, under your
         6       leadership, landmark progress for the women
         7       and minorities of the State of New York.
         8                  So congratulations for accepting
         9       this post.  And whatever our offices can do to
        10       help to support and to spearhead your energy,
        11       we're prepared to do so.
        12                  Thank you, Mr. President.
        13                  THE PRESIDENT:    Thank you,
        14       Senator.
        15                  Any other Senators wishing to
        16       speak?
        17                  Senator Griffo.
        18                  SENATOR GRIFFO:    Thank you,
        19       Mr. President.
        20                  I also want to take this
        21       opportunity to commend the Governor and the
        22       Lieutenant Governor for their efforts in
        23       nominating Mr. Adams.  Ken has an excellent
        24       resume, and he's had a very successful tenure
        25       as the Business Council president.
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         1                  I look forward to working with you.
         2       This will require enormous energy and effort
         3       in order to ensure that we are familiar with
         4       the various concerns and needs across this
         5       very diverse state.  So I am hopeful that we
         6       will continue to communicate, to cooperate.
         7                  Again, I want to commend the
         8       Governor and the Lieutenant Governor, because
         9       you've assembled an important team to do what
        10       is the most important job, and that is to
        11       recruit and retain jobs in this state.
        12                  So good luck.  And thank you,
        13       Mr. President.
        14                  THE PRESIDENT:    Thank you,
        15       Senator.
        16                  Senator Libous.
        17                  SENATOR LIBOUS:    Thank you,
        18       Mr. President.
        19                  I too want to be rise and applaud
        20       the Governor for this outstanding choice.
        21       And, Ken, I'm going to speak last so that I
        22       make sure that we get all the jobs in my
        23       district when we work on that.
        24                  But Ken is the right guy for the
        25       job, Mr. President, because he does understand
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         1       the businesses of this state, he understands
         2       what it takes to create job opportunities.  As
         3       Marty Golden said earlier, not only does he
         4       understand the needs of the city, but I know
         5       he understands the needs of all of New York.
         6       And as my friend and colleague Senator Malcolm
         7       Smith would often say, he understands the "One
         8       New York" concept.
         9                  And, Ken, I wish you the very best.
        10       I look forward to working with you.  And I
        11       know you'll be successful in helping New York
        12       State be the state that is indeed open for
        13       business again.
        14                  THE PRESIDENT:    Senator
        15       Stewart-Cousins.
        16                  SENATOR STEWART-COUSINS:    I thank
        17       you, Mr. President.
        18                  And Senator Libous, I'm sorry I had
        19       to put my name in before you got to make your
        20       statements last.  But --
        21                  SENATOR LIBOUS:    I'm honored that
        22       you would close this.
        23                  SENATOR STEWART-COUSINS:    Well,
        24       again, I want to commend the Governor as well.
        25                  And the reason why I felt it was
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         1       important to rise is because so much was said
         2       about MWBE.  And I did have an opportunity to
         3       ask those questions, and we were assured by
         4       Mr. Adams that not only the commitment is
         5       there to promote MWBEs, the certification
         6       process continues to go faster, and there's
         7       also a commitment for the technical assistance
         8       that businesses need in order to be
         9       competitive.
        10                  And so he understands that beyond
        11       certification is actually the acquisition of
        12       contracts and jobs.  We talked about regional
        13       councils and we talked about MWBE
        14       representation on those councils and how that
        15       has to happen.
        16                  So it is a wonderful, wonderful
        17       nominee.  We look forward, all of us, to
        18       working with Mr. Adams.  Because not only does
        19       he have a business acumen, but he also started
        20       a not-for-profit even before that.  So he
        21       understands the volunteer service side, lift
        22       people up, and understands that jobs are the
        23       way to do it.
        24                  So I wish you the very best and
        25       look forward to working with you.
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         1                  THE PRESIDENT:    Thank you,
         2       Senator.
         3                  Next, the question is on the
         4       nomination of Kenneth G. Adams as commissioner
         5       of the New York State Department of Economic
         6       Development, director of the New York State
         7       Urban Development Corporation, and president
         8       and CEO of the Empire State Development
         9       Corporation.  All those in favor signify by
        10       saying aye.
        11                  (Response of "Aye.")
        12                  THE PRESIDENT:    Nay?
        13                  (No response.)
        14                  THE PRESIDENT:    Kenneth G. Adams
        15       is hereby confirmed as Commissioner of the
        16       New York State Department of Economic
        17       Development, director of the New York State
        18       Urban Development Corporation, and president
        19       and CEO of the Empire State Development
        20       Corporation.
        21                  Kenneth, congratulations.
        22                  (Standing ovation.)
        23                  THE PRESIDENT:    The Secretary
        24       will read.
        25                  THE SECRETARY:    As commissioner
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         1       of the New York State Department of
         2       Agriculture and Markets, Darrel J. Aubertine,
         3       of Cape Vincent.
         4                  THE PRESIDENT:    Senator
         5       DeFrancisco.
         6                  SENATOR DeFRANCISCO:    I'm pleased
         7       to rise to move the nomination of Darrel
         8       Aubertine as the commissioner of the New York
         9       State Department of Agriculture and Markets.
        10                  We keep repeating this on this side
        11       of the aisle, that the appointments by the
        12       Governor have truly been excellent
        13       appointments.  I mean, people that understand
        14       the issues in the area to which they are being
        15       appointed.
        16                  And this is no less true of this
        17       nominee, Darrel Aubertine, who knows the
        18       farming business.  He's been a farmer his
        19       whole life.  And he also knows the political
        20       process by which the issues that are important
        21       to those in the agricultural community will
        22       have to -- that he'll have to advocate for in
        23       order to make our number-one industry even
        24       better than it is now and even more productive
        25       than it is now.
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         1                  And I'm also pleased because
         2       Senator Aubertine rose to the gallery and rose
         3       to commissioner status because it makes a lot
         4       of us happy on this side of the aisle.  His
         5       success is our success.
         6                  (Laughter.)
         7                  SENATOR DeFRANCISCO:    And we're
         8       very happy for him.
         9                  (Laughter.)
        10                  SENATOR DeFRANCISCO:    So I'm
        11       pleased to move the nomination of Darrel
        12       Aubertine.
        13                  THE PRESIDENT:    Thank you,
        14       Senator.
        15                  Next, Senator Ritchie.
        16                  SENATOR RITCHIE:    Mr. President,
        17       I am pleased to rise and second the nomination
        18       of Darrel J. Aubertine as the commissioner of
        19       Agriculture and Markets.
        20                  I would also like to welcome his
        21       wife, who's in the gallery today.  It's nice
        22       to see you, Margaret.
        23                  Mr. Aubertine is a lifelong dairy
        24       farmer from Cape Vincent and a former member
        25       of this chamber.  In addition, he has
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         1       previously served as a member of the Assembly,
         2       a Jefferson County legislator, and also a Cape
         3       Vincent Town Council member.
         4                  Over the past several days I've had
         5       the opportunity to discuss with Mr. Aubertine
         6       issues that will require a coordinated effort
         7       between the Legislature and the Governor to
         8       resolve successfully, issues that move the
         9       agriculture industry forward and recognize the
        10       key role that hardworking farmers play in
        11       rural upstate economies.  I am confident that
        12       with the help of Mr. Aubertine as
        13       commissioner, we will be able to achieve that
        14       goal.
        15                  As you can imagine, Mr. Aubertine
        16       and myself have had a little history between
        17       us.  This morning was the first time I've had
        18       the opportunity to vote for you.
        19                  (Laughter.)
        20                  SENATOR RITCHIE:    I will say two
        21       times in one day, Commissioner, is pushing it,
        22       though.  Two times in one day.
        23                  (Laughter.)
        24                  SENATOR RITCHIE:    In all
        25       seriousness, though, I look forward to working
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         1       with you.  I'm sure you'll do a great job as
         2       commissioner.  And I wish all the best to you
         3       and your family.
         4                  Thank you.
         5                  THE PRESIDENT:    Thank you,
         6       Senator.
         7                  Next, Senator Sampson.
         8                  SENATOR SAMPSON:    Thank you very
         9       much, Mr. President.
        10                  As Senator DeFrancisco said, on
        11       that side of the aisle, on this side of the
        12       aisle, the Governor has made tremendous
        13       appointments.  And this is an excellent
        14       appointment to not only a friend, a former
        15       colleague, but most of all a true statesman,
        16       Senator Darrel Aubertine.
        17                  Darrel, I want to congratulate you
        18       and your wife for the phenomenal job that you
        19       have been doing not only as a farmer but, most
        20       of all, here in the Legislature when you were
        21       here.  And your commitment and your dedication
        22       and your passion to the agricultural industry
        23       is beyond reproach.
        24                  And it's very important, it's very
        25       fitting today we have Ken Adams and we have
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         1       Darrel Aubertine, agriculture and economic
         2       development working together to create jobs,
         3       not only here in New York State but also in
         4       the global marketplace.
         5                  So, Darrel, I want to congratulate
         6       you.  Thank you for always being a friend, a
         7       true friend.  And nothing but best wishes.
         8       And I know you will make a phenomenal
         9       agriculture commissioner.
        10                  Congratulations.
        11                  THE PRESIDENT:    Thank you,
        12       Senator.
        13                  Next, Senator Hassell-Thompson.
        14                  SENATOR HASSELL-THOMPSON:    Thank
        15       you.
        16                  Again, Mr. President, I rise to
        17       congratulate the Governor on this appointment.
        18       But certainly I want to personally
        19       congratulate Darrel Aubertine for just being a
        20       good guy.
        21                  One of the things I continue to
        22       hear is that agriculture is about upstate
        23       New York.  But we having ag and markets down
        24       on Hunts Point and some other parts of this
        25       state as well.  And so we look to continue to
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         1       develop that relationship between the markets
         2       upstate and Hunts Point, which is a part of
         3       the Bronx.
         4                  So don't get lost upstate.  We'll
         5       help you find your way through the city and
         6       through some of our areas.
         7                  But again, I think Senator Sampson
         8       said it best:  You've always been a friend to
         9       this Legislature.  And I know that you will
        10       continue to do so and to be so.
        11                  And I know that your hours will be
        12       a lot more regular and stable, which Margaret
        13       will love very, very much.  And so from that
        14       perspective, you'll be home more, with a lot
        15       more regularity.  Which sometimes up here gets
        16       very, very crazy.
        17                  But thank you, Darrel, for your
        18       friendship and for all that you've done for
        19       the State of New York thus far, and I know
        20       that you will continue to do more in your new
        21       position.  Congratulations.
        22                  THE PRESIDENT:    Thank you,
        23       Senator.
        24                  Senator Breslin.
        25                  SENATOR BRESLIN:    Thank you,
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         1       Mr. President.
         2                  It's my honor to stand and
         3       congratulate the Governor for such a wonderful
         4       pick.
         5                  I think Darrel Aubertine is right
         6       out of Norman Rockwell.  And I had forgotten
         7       that the nomination was up today, and then I
         8       saw his tractor parked out on State Street.
         9                  (Laughter.)
        10                  SENATOR BRESLIN:    You know,
        11       someone who has been on a dairy farm where his
        12       grandfather worked, his father worked, his
        13       children worked, and he hopes his
        14       grandchildren will work.  But coming here to
        15       this body after a stint in the county
        16       legislature and a stint as a member of the
        17       Assembly and as the ranker on -- or, excuse
        18       me, with Bill Magee over in the Agriculture
        19       Committee over in the Assembly, and then here.
        20                  And here, his dedication, his
        21       honesty, and I really think his nonpartisan
        22       ways endeared him to both sides of the aisle.
        23       Because on issues, he always did what was best
        24       for his district and best for the State of
        25       New York.  And he's a special friend to all of
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         1       us.
         2                  And, you know, I know back in
         3       November it was bittersweet when we got the
         4       news.  But when we thought about it -- and I
         5       think I'm not alone -- many of us, when we
         6       thought about:  Gee, Agriculture, what a
         7       perspective commissioner.  And wasn't the
         8       Governor so correct in choosing the perfect
         9       commissioner.
        10                  So I congratulate you, Darrel.  I
        11       look forward to working with you and I'm sure
        12       seeing and you Margaret together for many,
        13       many years to come.  Congratulations.
        14                  THE PRESIDENT:    Thank you,
        15       Senator.
        16                  Next, Senator Smith.
        17                  SENATOR SMITH:    Thank you very
        18       much, Mr. President.
        19                  I also rise to join my colleagues
        20       in seconding the nomination of Darrel
        21       Aubertine to become the commissioner of the
        22       Agriculture Department for the State of
        23       New York.
        24                  Mr. President, one of the joys I
        25       had when we were in the majority was making
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         1       the appointment of Darrel Aubertine to chair
         2       the Agriculture Committee.  That was a
         3       decision that required no thought.  It didn't
         4       require any deliberation, with the exception
         5       of Margaret.  I had to think about your
         6       concern of how it would be in terms of what it
         7       would take his time away.  But after we got
         8       through that, it was clear that Darrel was the
         9       right person.
        10                  What people do not realize and must
        11       continue to give Darrel the credit for is that
        12       he has raised the profile of agriculture in
        13       this state, a multi-billion-dollar industry
        14       that most people don't recognize in the State
        15       of New York which has become recognized
        16       throughout the country.
        17                  And so the Governor of this state
        18       has continued to make wonderful appointments.
        19       Senator Ritchie -- Senator Ritchie (laughing).
        20       I'll just say thank you in my own special way.
        21       Because as Darrel has always been a
        22       trailblazer and sacrificing of his time, as he
        23       did for this body and for this conference, he
        24       once again is sacrificing his time for the
        25       greater good in the State of New York.
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         1                  So to my good friend Darrel
         2       Aubertine -- and I consider him to be a good
         3       friend -- and his wife, thank you for allowing
         4       him once again to be a servant to the state.
         5       Thank you once again for allowing him to serve
         6       the 19 million people of this state.  But most
         7       importantly, thank you for allowing him to
         8       share his most inner person, and that is a
         9       person that says if I can do something for
        10       someone to make their life better, I will do
        11       so.  And you have allowed him to continue to
        12       do that in his life.  Thank you, Margaret.
        13                  And, Darrel, good luck to you.  But
        14       your wife deserves most of the credit.
        15                  Thank you.
        16                  THE PRESIDENT:    Thank you,
        17       Senator.
        18                  Next, Senator Liz Krueger.
        19                  SENATOR LIZ KRUEGER:    Thank you.
        20                  I also rise to welcome my friend
        21       and previous colleague to his new position as
        22       the commissioner of Ag and Markets.  And some
        23       people who go into politics really like the
        24       politics, and some people really like the
        25       policy.  And I feel confident in saying that I
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         1       know that Darrel Aubertine really likes the
         2       policy.
         3                  And so I think, with this
         4       confirmation, we will see that a man who is
         5       completely dedicated to agricultural issues in
         6       this state really gets to run with it, so to
         7       speak, as our commissioner, making sure that
         8       we do everything we can to support and
         9       strengthen agriculture in New York State.
        10                  And as I've said to him many times,
        11       upstate New York may be growing the food we
        12       eat, but my district wants to eat it.  So we
        13       want it grown, we want it healthy, we want it
        14       local, and we want to figure out how we bring
        15       more New York State agriculture right down
        16       into New York City as a win/win for all of us.
        17                  So congratulations, Darrel.
        18                  THE PRESIDENT:    Thank you,
        19       Senator.
        20                  Senator Kennedy.
        21                  SENATOR KENNEDY:    Thank you,
        22       Mr. President.
        23                  I too want to rise to congratulate
        24       you, Darrel Aubertine, on your nomination and
        25       ultimately your confirmation as commissioner
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         1       of Agriculture and Markets.
         2                  You know, many of you in this
         3       chamber had the opportunity to serve with
         4       Commissioner Aubertine.  I haven't.  Yesterday
         5       was the first time we actually got an
         6       opportunity to meet.  But I'm a pretty good
         7       reader of people, typically, and it didn't
         8       take me long to figure out what's already been
         9       stated.
        10                  Darrel Aubertine is a good person.
        11       But further than that, it takes more than a
        12       good person to be a good commissioner.  And
        13       Darrel Aubertine's resume speaks for itself:
        14       A seventh-generation farmer, whose
        15       granddaughter will be a ninth-generation
        16       farmer, whose family farm was created back in
        17       1832 up in Jefferson County.
        18                  And I first wanted to say that, you
        19       know, the family farm might just be the
        20       heartbeat of New York State.  Perhaps it would
        21       be more fitting to refer to it as the stomach
        22       of New York State.
        23                  Commissioner Aubertine, it's an
        24       absolute pleasure to stand here in support of
        25       what's already been applauded as a tremendous
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         1       nomination from the Governor of the State of
         2       New York as the next commissioner of
         3       Agriculture.
         4                  As the ranker on Agriculture, I
         5       look forward to working with you to advance
         6       the agriculture industry, to help grow jobs,
         7       grow the economy throughout New York State, in
         8       Western New York, in my district, from the
         9       cornfields of Eden to the farms in Hamburg,
        10       West Seneca, into the processing that happens
        11       right in the City of Buffalo, the second
        12       largest city in this state.
        13                  We have our work cut out for us.
        14       And there's nobody better to lead this state
        15       as it pertains to Agriculture and Markets.
        16       And furthermore, furthermore, perhaps what is
        17       even further compelling and makes it even much
        18       easier to support Commissioner Aubertine today
        19       is his avid love for the Buffalo Sabres.
        20                  Congratulations.
        21                  THE PRESIDENT:    Thank you,
        22       Senator.
        23                  Next, Senator Adams.
        24                  SENATOR ADAMS:    Thank you.
        25                  And I hope, Lieutenant Governor,
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         1       you let the Governor know that there are a lot
         2       more commissioners on that side of the aisle
         3       that he could appoint.  We would love for them
         4       to be appointed as well.
         5                  (Laughter.)
         6                  SENATOR ADAMS:    Let me say this.
         7       I think that Darrel is representative of what
         8       this body is about.  I mean, we debate, we
         9       argue when we're on the floor, and oftentimes
        10       people who watch us on TV, YouTube or any
        11       other place, they believe that we take our
        12       passion outside the chamber.  And when in fact
        13       that's not the reality.
        14                  Darrel is representative.  And I
        15       think he personifies what's great about men
        16       and women who decide to serve government, no
        17       matter how much they attack us, no matter how
        18       much they want to write bad things about us.
        19       You don't run for government if you don't like
        20       the people of the State of New York.
        21                  And it doesn't matter if you're a
        22       Democrat or a Republican, the mere fact is we
        23       spend days away from our families.  Darrel
        24       knows what he was here there was countless
        25       number of days he's not with his family, he's
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         1       not with his loved ones.  And that's
         2       representative of what we all are.
         3                  So our applauding of Darrel really
         4       is an acknowledgement of what we feel about
         5       each other.  And even when someone passes away
         6       in this chamber, we mourn the death.  When
         7       someone rises from this chamber and becomes a
         8       commissioner, we celebrate that.
         9                  And that's what's great about
        10       Darrel.  When Darrel was here as a State
        11       Senator, he was welcomed by all.  He served in
        12       the Assembly, he served in the Senate, and it
        13       was the same tone across the board of what
        14       Darrel represented.
        15                  And we miss you, we believe that
        16       the State of New York is better, and we
        17       believe that all of us bring our own level of
        18       expertise -- if it's social services, like
        19       Senator Montgomery, or law enforcement, like
        20       myself, or some of the attorneys or some of
        21       the others who have other professions.  There
        22       are a great group of men and women who are in
        23       state government.  And what we learn here we
        24       take out to other areas of state government.
        25                  And no matter how much individuals
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         1       attempt to tarnish who and what we represent,
         2       you are an indicator of what's great about
         3       serving in the state government.  I'm happy,
         4       after my career, I came to serve in state
         5       government, and I'm glad that I had an
         6       opportunity to meet you and meet other men and
         7       women who are in this chamber, and to say that
         8       your heart and soul is to see that the people
         9       of State of New York are able to get from one
        10       day to the next.  And you did that as a State
        11       Senator.  I'm sure you're going to do it as a
        12       Commissioner.
        13                  And there's a lot of opportunities
        14       out there, if we think outside the box, of how
        15       do we bring the agricultural community from
        16       upstate throughout the state.  This is a great
        17       farm state, and we can do some great things if
        18       the individual thinks outside the box.  And I
        19       think you're the person for the job.  And I
        20       thank you for your time in the State Senate,
        21       and I look forward to partnering with you as
        22       well in your new role as the commissioner.
        23       And I'm sure your wife -- you're going to be
        24       happy to have him home, you know.
        25                  So again, thank you, Darrel, so
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         1       much.
         2                  THE PRESIDENT:    Thank you,
         3       Senator.
         4                  Next, Senator Diaz.
         5                  SENATOR DIAZ:    Thank you,
         6       Mr. President.  And welcome back.  I really
         7       missed you.
         8                  Today we are here confirming Darrel
         9       Aubertine as commissioner of the Department of
        10       Agriculture.  We all know Darrel Aubertine.
        11       He served in the Assembly, and in the Assembly
        12       he was the chairman of the Agriculture
        13       Committee.  Then he came here, and he -- he
        14       was a member of the committee there, and here
        15       he was the chairman of the Agriculture
        16       Committee.
        17                  For the last 10 years, Darrel
        18       Aubertine has been involved in every issue
        19       that had to do with farmers and with farms.
        20       Every commissioner that has been appointed the
        21       last 10 years, Darrel had something to do with
        22       it.  Every law, every regulation, every
        23       committee overseeing, Darrel Aubertine has
        24       been involved in the agricultural world.  Not
        25       only because he is a farmer, not only because
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         1       he owns a farm, not only because his family
         2       has been farmers, but as a political -- as an
         3       elected official, he has been involved.
         4                  And he's from upstate.  I'm from
         5       the City of New York.  So what does upstate
         6       and the City of New York has in common and
         7       with Darrel Aubertine, Mr. President?  Darrel
         8       Aubertine is a farmer, and the farmers upstate
         9       produce the food that we in the city eat.  So
        10       we need someone that really cares so we in the
        11       city could have good food to eat.
        12                  But the City of New York does not
        13       only eat, the City of New York does not only
        14       eat what the upstate farmers produce, but we
        15       also in the City of New York we have,
        16       Mr. President, the biggest transportation
        17       market in the nation.  It is called the Hunts
        18       Point Market.
        19                  And I hope, I hope that
        20       Commissioner Aubertine, when he becomes --
        21       after we approve him and he becomes
        22       Commissioner of Agriculture, that he does
        23       everything possible in his power to protect
        24       and to guarantee that the Hunts Point Market
        25       and the jobs that it produces stay in the
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         1       State of New York --
         2                  (Applause from gallery.)
         3                  SENATOR DIAZ:    -- and don't --
         4       and don't allow New Jersey to take it from us.
         5       And I hope that the Hunts Point Market
         6       receives all the resources and the attention
         7       needed from the Commissioner and from the
         8       Governor in order to keep being what it has
         9       always been, a very big economic and job
        10       developer for the State of New York.
        11                  So, Commissioner --
        12                  (Applause from gallery.)
        13                  SENATOR DIAZ:    So, Commissioner
        14       Aubertine, as you all know, me and the
        15       Governor have little in common.  I don't
        16       support the Governor too much.  Today, today I
        17       am supporting the Governor on this nomination.
        18                  And I hope, Commissioner Aubertine,
        19       to see you and have coffee with you in the
        20       Hunts Point Market.
        21                  (Laughter.)
        22                  SENATOR DIAZ:    Thank you.
        23                  (Applause from gallery.)
        24                  THE PRESIDENT:    I would ask,
        25       while the Senators are speaking, that we hold
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         1       the applause until our nominee is voted on at
         2       the end.
         3                  Senator Libous.
         4                  SENATOR LIBOUS:    Thank you,
         5       Mr. President.
         6                  I too want to rise and congratulate
         7       the Governor on this nomination.  Actually,
         8       Senator, I was hoping that another Governor
         9       would have put this nomination up two years
        10       ago, but it didn't happen.
        11                  (Laughter.)
        12                  SENATOR LIBOUS:    And since you're
        13       soon going to be confirmed as Commissioner, I
        14       just want to set the record straight.  They
        15       made me do it.  I had nothing to do with any
        16       of that.
        17                  (Laughter.)
        18                  SENATOR LIBOUS:    But,
        19       Mr. President, the Governor has indeed picked
        20       a former colleague of ours, someone that we
        21       respect, someone that is certainly respected
        22       back home in his district, and someone who
        23       stood on this floor for a number of years to
        24       defend the agriculture community of this state
        25       and, as has been mentioned by my colleagues,
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         1       has the passion for the job, has the
         2       commitment to the job, and I know that he will
         3       not only make the Governor proud, that he'll
         4       make all of us proud.
         5                  And, Senator Ritchie, it's okay to
         6       vote a second time for Senator Aubertine
         7       today.
         8                  (Laughter.)
         9                  SENATOR LIBOUS:    It's the right
        10       thing to do.
        11                  And, Darrel, I'm very proud to
        12       stand here and say congratulations to you and
        13       I look forward to working with you as we move
        14       forward.
        15                  THE PRESIDENT:    Thank you,
        16       Senator.
        17                  Senator Maziarz.
        18                  SENATOR MAZIARZ:    Thank you very
        19       much, Mr. President.
        20                  I too want to rise to congratulate
        21       Darrel and wish him well.  He's done a lot,
        22       including making Senator Libous the number-one
        23       tourist in Jefferson County the last several
        24       years.
        25                  (Laughter.)
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         1                  SENATOR MAZIARZ:    Darrel, you
         2       chaired the Senate Energy Committee and we
         3       worked on several pieces of legislation.  You
         4       were always very professional and above board,
         5       and I really appreciated that.  And I think
         6       you'll do a great job.  You certainly
         7       understand agriculture, and you know how
         8       important it is to both upstate and downstate
         9       New York.
        10                  I agree with my colleague Senator
        11       Diaz and Senator Adams when he said that it's
        12       great to see somebody who's served here who
        13       gets a promotion.  So congratulations, and
        14       good luck to you.
        15                  THE PRESIDENT:    Thank you,
        16       Senator.
        17                  Next, Senator Klein.
        18                  SENATOR KLEIN:    Thank you,
        19       Mr. President.
        20                  It's truly and an honor and a
        21       pleasure to second the nomination of Darrel
        22       Aubertine as our next Agriculture
        23       Commissioner.
        24                  Over the years of his service in
        25       both the Assembly and the Senate, I learned a
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         1       lot from Darrel.  He proved to be a very close
         2       friend, someone that really epitomizes public
         3       service and his ability to always think of the
         4       issues and work in a bipartisan fashion.
         5                  He taught me important lessons
         6       about the importance of agriculture in
         7       New York State, taught me about the disconnect
         8       sometimes in some of the things that us
         9       downstaters want to do that impacts the
        10       agriculture industry in this state.  He taught
        11       me that half-and-half doesn't come out of a
        12       specific cow.
        13                  (Laughter.)
        14                  SENATOR KLEIN:    But he's somebody
        15       who truly is a dedicated public servant.  And
        16       sometimes life has us training for a job all
        17       our lives, and that job comes to fruition.
        18       Well, I can't think of any better job for
        19       Darrel Aubertine than to be the Agriculture
        20       Commissioner of the great State of New York.
        21                  Thank you, Darrel.
        22                  THE PRESIDENT:    Thank you,
        23       Senator.
        24                  Senator Valesky.
        25                  SENATOR VALESKY:    Thank you,
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         1       Mr. President.
         2                  I rise to second the nomination of
         3       my friend Darrel Aubertine as Commissioner of
         4       Agriculture.  I also want to join my other
         5       colleagues who have commended Governor Cuomo
         6       for the latest in a long line of outstanding
         7       nominees, Ken Adams as well, and many that
         8       we've already confirmed here on the floor of
         9       the Senate.
        10                  You know, many have spoken about
        11       Darrel's legislative accomplishments both here
        12       in the Senate and down the hall in the
        13       Assembly.  And one can look at legislative
        14       records and read transcripts of his speeches
        15       on the floor and look at his votes and look at
        16       the laws that have resulted from the bills
        17       that he has passed.
        18                  And while that no doubt will
        19       contribute to making him an outstanding
        20       commissioner, I think that what really is
        21       important about Darrel and what really matters
        22       is not so much what he has done here in this
        23       city over the last eight or nine years of his
        24       life, but what he has done each and every year
        25       of his life back in Cape Vincent.  And his
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         1       dairy farm, sixth-generation dairy farmer, and
         2       what he has done with his sons, who I
         3       understand now are doing far more than he is
         4       back in Cape Vincent as a result of the time
         5       that he's now spending on this job.
         6                  But he -- and maybe at this
         7       department, at the Department of Agriculture
         8       and Markets than any other department in the
         9       state, how important it is to have someone who
        10       lives that life, so that he understands
        11       firsthand the challenges that farmers face,
        12       particularly in these difficult economic
        13       times.  I think that's why Darrel Aubertine
        14       will make a tremendous commissioner of the
        15       Department of Agriculture and Markets.
        16                  Darrel, I'm very happy for you,
        17       very happy for you, Margaret.  But I'm very,
        18       very happy for farmers in New York State
        19       because of the leadership that you will
        20       continue to provide.
        21                  Thank you.
        22                  THE PRESIDENT:    Thank you,
        23       Senator.
        24                  Senator Alesi.
        25                  SENATOR ALESI:    Thank you,
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         1       Mr. President.
         2                  I had the pleasure of sitting in on
         3       the Finance Committee meeting earlier today
         4       when Senator DeFrancisco, who chairs that
         5       committee, asked Darrel Aubertine a little bit
         6       about his background.
         7                  And he talked about his time in
         8       local government and his time in the Assembly
         9       and his time in the Senate.  And he just
        10       paused at that point, and then Senator
        11       DeFrancisco had to say:  "Is there anything
        12       else that you want to add to this?"  And he
        13       said, "Well, I'm a farmer, six generations.
        14       My grandfather, my father, myself, my kids."
        15                  And so it was almost as if he was
        16       taking for granted the fact that he was a
        17       farmer and almost didn't even bring that to
        18       the legislative process, focusing more on his
        19       elective office.  And at the same time, the
        20       minute he said that, it clicked that this is
        21       someone who actually brings firsthand
        22       experience to the job like very few people do
        23       in our world.
        24                  I can tell you a few years ago we
        25       had our difficulties in this chamber, as
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         1       everybody knows that.  And as we've evolved
         2       from that, we all have different
         3       personalities.  I believe that to the extent
         4       that you can maybe make a case, this is kind
         5       of a family.  And so it's great when you see
         6       somebody that comes from this body going to
         7       such a great level because of the vision of
         8       our new and great Governor.  Once again, a
         9       tremendous pick.
        10                  With all the different
        11       personalities around here assembled, I can say
        12       this about Darrel Aubertine.  The easiest way
        13       for me to describe him, aside from saying that
        14       he is the true genuine best pick to be the
        15       Commissioner of New York State's number-one
        16       industry, is simply this.  He is a true
        17       absolute gentleman.  And I appreciate the time
        18       that I've had to spend with him in the Senate
        19       and looking forward to working with him as
        20       time goes on.
        21                  And, Darrel, I wish you all the
        22       best.
        23                  THE PRESIDENT:    Thank you,
        24       Senator.
        25                  Senator Young.
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         1                  SENATOR YOUNG:    Thank you,
         2       Mr. President.
         3                  And I rise in strong support of
         4       Darrel Aubertine as the next commissioner of
         5       the Department of Agriculture and Markets in
         6       New York State.
         7                  Darrel and I have strongly agreed
         8       on some things, and we've strongly disagreed
         9       on other things.  But whether we strongly
        10       agreed or disagreed, I never doubted Darrel
        11       Aubertine's commitment to the agricultural
        12       community, to the industry, his knowledge and
        13       his passion for what he was doing.
        14                  And we had a good discussion
        15       earlier during the Agriculture Committee
        16       meeting.  And I believe very strongly that
        17       Darrel understands the importance of
        18       agriculture, not only now, but how critical it
        19       is to our future in New York State.  That it
        20       is an economic engine, it's the largest
        21       industry in upstate New York, and we have
        22       2 million acres of fallow farmland that we
        23       need to get back into production.
        24                  And there's so many opportunities
        25       tied to that, whether it's food processing,
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         1       whether it's green energy, whether it's the
         2       maple industry, aquaculture, wine and grapes.
         3       There are so many different opportunities out
         4       there.  And I know that Darrel Aubertine is
         5       very familiar with these opportunities.
         6                  And I believe that he will work as
         7       hard as he can with this body, with the
         8       Governor, with the Assembly, and with the
         9       farming community in order to accomplish great
        10       results for our economy, for our farms, and
        11       for the people of this state so that they have
        12       fresh, local, and safe food.
        13                  So we talked a little bit about the
        14       "Pride of New York."  We are very proud of
        15       what we produce in New York State through
        16       agriculture.  I look forward to continuing to
        17       work with you, and I think we're going to get
        18       a lot of great things done.
        19                  So congratulations to you.
        20                  THE PRESIDENT:    Thank you,
        21       Senator.
        22                  Senator Duane.
        23                  SENATOR DUANE:    Thank you,
        24       Mr. President.
        25                  I also agree that the Governor has
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         1       really made a very fine appointment in Darrel
         2       Aubertine.  First of all, Darrel Aubertine is
         3       just a real gentleman, a good person.  And I
         4       can't imagine saying anything but the best
         5       things about him.
         6                  You know, I was fortunate enough to
         7       spend some time with then-Senator Aubertine in
         8       his district.  And not only did I see his
         9       dairy farm and see where his family lived and
        10       the church where he and Margaret were married,
        11       but whether it was here in Albany or there in
        12       the district, he was just really a great
        13       educator on agricultural issues.  And, you
        14       know, he was even willing to use the odd terms
        15       that I would bring up that I used about farm
        16       policy, like "walking-around cows," as opposed
        17       to the cows that aren't walking around.
        18                  We actually spent time, a couple of
        19       hours, actually, speaking with people from
        20       Clarkson about cows and methane, of which I'm
        21       not going to go into great detail about it,
        22       but it's actually -- it is potentially a
        23       really terrific both agricultural and policy
        24       which I hope that Commissioner Aubertine will
        25       follow.
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         1                  And, you know, he's just very
         2       generous with his knowledge and just a
         3       terrific choice.  And no matter what
         4       happens -- though I think we will be approving
         5       him -- but no matter what happens, I can say
         6       that former Senator Darrel Aubertine and
         7       hopefully Commissioner Aubertine, we will
         8       always have the Canton Dairy Parade together.
         9                  Thank you, Mr. President.
        10                  THE PRESIDENT:    Thank you,
        11       Senator.
        12                  Senator Perkins.
        13                  SENATOR PERKINS:    Thank you very
        14       much.
        15                  I did want to join my colleagues in
        16       expressing my congratulations and appreciation
        17       for the time that we spent together.  And I'm
        18       positive you're going to do a wonderful job.
        19                  You know, I once had the
        20       opportunity to milk a cow thanks to Senator
        21       Valesky.  I don't think the cow appreciated
        22       it.
        23                  (Laughter.)
        24                  SENATOR PERKINS:    But it was an
        25       enlightening experience.
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         1                  But I say that because I understand
         2       you're a dairy farmer.  And a lot of folks,
         3       when they think of places like Harlem, they
         4       don't think of the fact that we do have some
         5       great appreciation for farming.
         6                  And in fact, there is an urban
         7       farming movement, a very significant urban
         8       farming movement that I want to bring to your
         9       attention again, because at some point we're
        10       going to look forward to you coming down into
        11       the community to talk with our urban farmers
        12       and see how, through you, they can begin to
        13       develop even further their visions for how
        14       they can be a part of this farming experience,
        15       especially for those of us that are in urban
        16       areas where there is this great movement.
        17                  So congratulations to you.  Thank
        18       you for your friendship and for the wonderful
        19       work you did as a Senator.  I'm sure you'll do
        20       equally as well, if not much better, as our
        21       commissioner, and I look forward to seeing you
        22       in our farm in Harlem.
        23                  THE PRESIDENT:    Thank you,
        24       Senator.
        25                  Senator Little.
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         1                  SENATOR LITTLE:    Thank you,
         2       Mr. President.
         3                  I too would like to join my
         4       colleagues in offering my congratulations to
         5       both of our nominees today.  Again, the
         6       Governor has picked people who have been in
         7       the business to now lead that department.  And
         8       I think that's important for our constituents.
         9                  And certainly Darrel Aubertine is
        10       going to really be helpful to the North
        11       Country.  And we all talk about upstate and
        12       downstate.  I don't think you can get farther
        13       upstate than Cape Vincent, other than you go
        14       to Rouses Point in my district.  But he
        15       certainly understands the challenges that
        16       North Country farmers and farm families face,
        17       and agriculture in the North Country.  So
        18       we're going to benefit from having a
        19       commissioner of Agriculture from the
        20       North Country.
        21                  Congratulations, and thank you.
        22                  THE PRESIDENT:    Thank you,
        23       Senator.
        24                  Next, Senator Griffo.
        25                  SENATOR GRIFFO:    Thank you,
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         1       Mr. President.
         2                  I feel very fortunate that the
         3       regions that I represent and co-share in
         4       representation have been the host communities
         5       to the last three commissioners of
         6       Agriculture.  So we're doing something good in
         7       Central and Northern New York.
         8                  I want to congratulate the Governor
         9       on this selection.  And I want to congratulate
        10       Darrel on his interest in the job, but more
        11       importantly on his commitment to doing the
        12       job.
        13                  I had the opportunity to serve with
        14       Darrel and to co-represent territory in the
        15       North Country, and I sincerely appreciate his
        16       passion, his hard work, and his advocacy on
        17       behalf of agriculture.  So I want to wish him
        18       and Margaret well in this new endeavor.
        19                  And I think the greatest challenge
        20       you will face, Darrel -- because Senator
        21       Perkins talked about cow milking.  And I know
        22       that you're a cow-milking champion.  But you
        23       now have the opportunity to coach Senator Diaz
        24       and see if you can bring him to the State Fair
        25       and do something to make him become a champion
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         1       too in that regard.
         2                  So good luck, and best wishes to
         3       you, Darrel, and congratulations to Margaret.
         4                  THE PRESIDENT:    Thank you,
         5       Senator.
         6                  Senator Parker.
         7                  SENATOR PARKER:    Thank you,
         8       Mr. President.
         9                  I rise to congratulate both a
        10       colleague and good friend, Darrel Aubertine,
        11       on his appointment to commissioner of Ag and
        12       Markets.  I also want to congratulate the
        13       Governor on this appointment, which is really
        14       one of the most important appointments in the
        15       state.
        16                  A lot of people have talked about
        17       how Darrel taught them things about
        18       agriculture.  He certainly taught me
        19       something.  As many of you know, I represent
        20       Borough Park, which is -- you know, I
        21       represent probably more orthodox Jews than any
        22       other non-Jew in the State of New York.  And
        23       so it was Darryl Aubertine who kept talking
        24       about the Holsteins.  And the whole time I was
        25       thinking about, what Jews live in the North
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         1       Country?  But he was actually talking about
         2       cows.
         3                  (Laughter.)
         4                  SENATOR PARKER:    So, Darrel,
         5       thank you so much.  And congratulations to you
         6       and your family.
         7                  But this is the -- really, I say
         8       this is the most important appointment in the
         9       state, because most of us don't realize day to
        10       day, especially those of us in New York City,
        11       that agriculture is our largest gross receipts
        12       in the state.
        13                  And people don't understand -- and
        14       I learned much of this from Darrel -- that we
        15       are the second-largest apple producer in the
        16       entire country, the second-largest maple
        17       producer, the third-largest producer of
        18       onions, the fourth-largest producer of dairy
        19       products.  You know, sweet corn, snap peas,
        20       hog products, you can just go on and on about
        21       the agricultural bounty that the State of
        22       New York produces.
        23                  And that agricultural bounty
        24       couldn't be in finer hands than in the hands
        25       of Senator Aubertine.  And so I look forward
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         1       to a great harvest.
         2                  But then something him and I have
         3       been talking about for a long time is building
         4       that connection between, you know, one of the
         5       largest agricultural markets, which is the
         6       State of New York, and the largest retail
         7       market, which is New York City.  And to make
         8       sure that we actually do more to open up our
         9       markets in New York City to buy New York State
        10       products so that we all can share in the
        11       economic excellence that this state has to the
        12       whole.
        13                  Thank you.
        14                  THE PRESIDENT:    Thank you,
        15       Senator.
        16                  Senator Savino.
        17                  SENATOR SAVINO:    Thank you,
        18       Mr. President.  I also want to rise and second
        19       the nomination of my friend Darrel J.
        20       Aubertine.
        21                  I certainly congratulate the
        22       Governor on this appointment.  And I want to
        23       say there's nobody more qualified to be the
        24       Commissioner of Agriculture than Darrel J.
        25       Aubertine.  I don't think anybody in this room
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         1       disputes that.
         2                  And I want to thank Senator Ritchie
         3       for moving his nomination through and voting
         4       for him today.  But I would be lying if I
         5       didn't say that I wish it were the other way
         6       around.
         7                  However, sometimes the good Lord
         8       has plans for us that we can't see coming.
         9       And I think that Darrel is in the right place
        10       at the right time, not just for him, not just
        11       for this body, but for the people of the State
        12       of New York.
        13                  My experience with Darrel has been
        14       so amazing over the past couple of years.  You
        15       know, when we all come into this chamber, we
        16       bring a little piece of New York State with
        17       us.  And we work best when we share our
        18       experiences of where we come from and what
        19       that part of New York State is like.  And I
        20       used to tease Darrel and say that he
        21       represented the most northern part of the
        22       state, and I represented the most southern
        23       part of the state.  And that's still true.
        24                  I found out, when Darrel took me to
        25       places I never would have gone, like
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         1       Ogdensburg and Oswego and Watertown and
         2       Jefferson, I found out that there are no
         3       Italians in that part of the state.  It might
         4       be the only part of the state where we don't
         5       have Italians.  But we did have Amish people.
         6       It was an amazing experience to see Darrel
         7       Aubertine's part of New York State.
         8                  But I also know that Darrel
         9       Aubertine has made New York State an amazing
        10       place for all of us.  And you're going to do
        11       such great work in Agriculture and Markets.
        12       You have been one of the most decent people I
        13       have ever met in this business.  And I know
        14       that the future for you and for Margaret is
        15       going to be wonderful, and in exchange it's
        16       going to be wonderful for us.
        17                  Congratulations to both of you.
        18                  THE PRESIDENT:    Thank you,
        19       Senator.
        20                  I'll ask, anybody else like to
        21       speak on behalf of this nomination?
        22                  Senator Montgomery.
        23                  SENATOR MONTGOMERY:    Yes, I just
        24       briefly want to say my congratulations to both
        25       the Governor for this appointment and to
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         1       Darrel Aubertine.
         2                  It was a pleasure to serve with you
         3       here in this chamber.  And you were certainly
         4       the first authentic farmer that I had known as
         5       Senator, and I thank you for what you
         6       represented.
         7                  And I am certainly aware of the
         8       significance of the farming and agricultural
         9       industry in our state.  And it's wonderful to
        10       know that a person like you who has not only
        11       the history and the lineage that relates to
        12       farming and respect for the land and history,
        13       but I think you also understand that I also
        14       have farms in my district.  Although they are
        15       little small farms, they're very important to
        16       us.
        17                  And I think that you will
        18       understand that we want to see you in
        19       Brooklyn.  I would like for you to come and
        20       experience the urban farms with the little
        21       farmers, some of them children, some of them
        22       adults, and how much they appreciate and how
        23       proud they are of their farmers and that we
        24       can begin to make the connection that needs to
        25       be made between young people and the value of
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         1       land and agriculture to all of us for this era
         2       as well as into the future.
         3                  So I'm proud that you're there,
         4       proud that you know us, and proud that we are
         5       going to be able to look forward to your
         6       leadership to build a "One New York" in
         7       agriculture in our state.
         8                  So thank you, Mr. President.  And
         9       congratulations, Darrel.
        10                  THE PRESIDENT:    Thank you,
        11       Senator.
        12                  Senator Stavisky.
        13                  SENATOR STAVISKY:    Thank you,
        14       Mr. President.  And I too want to add my
        15       congratulations.
        16                  Commissioner, you've taught us that
        17       milk doesn't come from a supermarket.  It's
        18       part of the New York tradition of nurturing
        19       and growing our products.  And I appreciate
        20       especially the comments today about keeping
        21       the agricultural and the business community in
        22       New York State.
        23                  But let me add one point.  I was
        24       particularly pleased with the Commissioner's
        25       response today at the Finance Committee to a
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         1       question that's very significant and people
         2       forget about as it pertains to my district,
         3       and that's the role that the state plays in
         4       inspecting kosher markets.  I know you are
         5       sensitive to this issue.  It's an important
         6       issue.  And especially since Senator Parker
         7       mentioned the Holsteins -- it's pronounced
         8       Hol-stine in my district.
         9                  (Laughter.)
        10                  SENATOR STAVISKY:    But I want to
        11       add one aspect.  I am particularly sensitive
        12       to the role that spouses play.
        13                  And, Margaret, I want to
        14       congratulate you because I know you share
        15       Darrel's commitment to service and to helping
        16       the people of our state.  And we certainly
        17       wish you well in the days ahead.
        18                  Congratulations.
        19                  THE PRESIDENT:    Thank you,
        20       Senator.
        21                  Senator Seward.
        22                  SENATOR SEWARD:    Thank you,
        23       Mr. President.
        24                  One of the problems of being one of
        25       the last speakers on an occasion like this is
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         1       it's all been said and it's all been said very
         2       eloquently by my colleagues.
         3                  But I would be remiss if I did not
         4       also stand to congratulate both the Governor
         5       and Senator Aubertine on this appointment and
         6       confirmation today of Darrel being our next
         7       Commissioner of the Department of Agriculture
         8       and Markets.
         9                  It's very significant that our
        10       commissioner walks the walk and talks the talk
        11       in terms of agriculture and farming in
        12       New York State.  And that experience, that
        13       life experience is going to serve him and the
        14       people of New York State very, very well in
        15       this new capacity.
        16                  And I think it is significant that
        17       we are today confirming both Ken Adams, who
        18       will head up our economic development arm of
        19       state government, and Darrel Aubertine as our
        20       Agriculture Commissioner on this very same
        21       day.  It very clearly demonstrates that
        22       agriculture and economic development are so
        23       closely aligned in our state.  It recognizes
        24       that agriculture, even in tough times, is our
        25       state's largest industry.
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         1                  And working together, I know that
         2       together with the administration and these two
         3       new confirmations today, we will in fact
         4       create the right environment in New York State
         5       where agriculture will do well and our economy
         6       will do well.  They're so closely aligned.
         7                  So I'm delighted to stand and
         8       support this confirmation.
         9                  THE PRESIDENT:    Thank you,
        10       Senator.
        11                  I think we have effectively covered
        12       the chamber, but if no other -- Senator
        13       Gallivan.
        14                  SENATOR GALLIVAN:    Thank you,
        15       Mr. President.
        16                  I also rise to support the
        17       nomination of Darrel Aubertine.  I represent a
        18       district, largely rural agriculture, the most
        19       important industry in the district and of
        20       course so important to New York State.  And it
        21       is good to know that somebody that comes from
        22       this background, certainly well qualified,
        23       understanding the challenges facing the
        24       agricultural industry, is helping to move it
        25       forward.
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         1                  I know you did share a special bond
         2       with many people here -- my colleague, Senator
         3       Ritchie.  But I too share a special bond.  As
         4       I sat in my chair for the first time, I opened
         5       my desk and I looked down.  Inscribed inside
         6       my desk is "Senator Darrel Aubertine, 48th
         7       Senate District, 2/26/2008."
         8                  So as you move to a different
         9       chair, and me into this chair, I look forward
        10       to work with you and advancing the agriculture
        11       industry.
        12                  Thank you.
        13                  THE PRESIDENT:    Thank you,
        14       Senator.
        15                  Any other Senators before we close?
        16                  Well, the question is on the
        17       nomination of Darrel J. Aubertine as
        18       Commissioner of the New York State Department
        19       of Agriculture and Markets.  All those in
        20       favor signify by saying aye.
        21                  (Response of "Aye.")
        22                  THE PRESIDENT:    Opposed, nay.
        23                  (No response.)
        24                  THE PRESIDENT:    Therefore Darrel
        25       J. Aubertine has been confirmed as the
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         1       Commissioner of the New York State Department
         2       of Agriculture and Markets.
         3                  Congratulations to Darrel and also
         4       to Margaret, his wife.  Thank you.
         5                  (Standing ovation.)
         6                  THE PRESIDENT:    Congratulations.
         7                  Next, reports of select committees.
         8                  Communications and reports from
         9       state officers.
        10                  Motions and resolutions.
        11                  Senator Libous.
        12                  SENATOR LIBOUS:    Mr. President,
        13       could we please adopt the Resolution Calendar,
        14       with the exception of Resolution Number 1067.
        15                  THE PRESIDENT:    All in favor of
        16       adopting the Resolution Calendar, with the
        17       exception of Resolution Number 1067, signify
        18       by saying aye.
        19                  (Response of "Aye.")
        20                  THE PRESIDENT:    Opposed, nay.
        21                  (No response.)
        22                  THE PRESIDENT:    The Resolution
        23       Calendar is adopted.
        24                  Senator Libous.
        25                  SENATOR LIBOUS:    Mr. President, I
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         1       believe at this time Senator Diaz has
         2       Resolution Number 336 at the desk.  It is a
         3       privileged resolution.  I ask that you read it
         4       in its entirety and, before we adopt it, to
         5       please call on Senator Diaz.
         6                  THE PRESIDENT:    The Secretary
         7       will read.
         8                  THE SECRETARY:    Legislative
         9       Resolution Number 336, by Senator Diaz,
        10       memorializing Governor Andrew M. Cuomo to
        11       declare March 11, 2011, to April 12, 2011, as
        12       Garifuna-American Heritage Month in the State
        13       of New York.
        14                  "WHEREAS, It is the sense of this
        15       Legislative Body to recognize and pay just
        16       tribute to the cultural heritage of the ethnic
        17       groups which comprise and contribute to the
        18       richness and diversity of the community of the
        19       State of New York; and
        20                  "WHEREAS, Attendant to such
        21       concern, and in keeping with its time-honored
        22       traditions, it is the intent of this
        23       Legislative Body to applaud and commemorate
        24       events which foster ethnic pride and exemplify
        25       the cultural diversity that represents and
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         1       strengthens the spirit of the people and the
         2       State of New York; and
         3                  "WHEREAS, This Legislative Body is
         4       justly proud to memorialize Governor Andrew M.
         5       Cuomo to declare March 11, 2011, to April 12,
         6       2011, as Garifuna-American Month in the State
         7       of New York; and
         8                  "WHEREAS, Garifuna-American
         9       Heritage Month celebrates the great
        10       contributions of Garifuna-Americans to the
        11       fabric of New York City, and pays tribute to
        12       the common culture and bonds of friendship
        13       that unite the United States and the Garifuna
        14       countries; and
        15                  "WHEREAS, Garifuna-American
        16       Heritage Month affirms the culture, identity
        17       and self-esteem of a people.  It celebrates a
        18       rich heritage and illuminates Garifuna history
        19       and tradition, as well as the spirit of an
        20       indomitable people; and
        21                  "WHEREAS, In 1665, two Spanish
        22       ships wrecked off the coast of St. Vincent;
        23       and
        24                  "WHEREAS, The West African slaves
        25       that escaped to the island eventually
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         1       intermarried with the Venezuelan Caribs and
         2       the Arawaks; and
         3                  "WHEREAS, The new race of people,
         4       known as the Garifuna, grew strong and
         5       prosperous on the island; and
         6                  "WHEREAS, In 1795, the Garifuna
         7       began the Second Carib War against the
         8       British.  Battles raged throughout St. Vincent
         9       over the next year, with both sides enduring
        10       heavy losses; and
        11                  "WHEREAS, On June 10, 1796, the
        12       final battle commenced with the Garifuna and
        13       British, resulting in the Garifuna's
        14       surrender; and
        15                  "WHEREAS, The surviving Caribs were
        16       exiled to the neighboring island of
        17       Balliceaux; and
        18                  "WHEREAS, On March 11, 1797, the
        19       defeated Garifuna were loaded onto a convoy of
        20       eight vessels and transported to Roatan,
        21       Honduras, which arrived on April 12th of that
        22       year; and
        23                  "WHEREAS, The Garifuna began to
        24       migrate to the United States during the 1930s.
        25       Today, New York City is home to the largest
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         1       Garifuna community outside of Central America;
         2       and
         3                  "WHEREAS, The nurturing and
         4       promotion of Garifuna pride is at the center
         5       of the Garifuna coalition's community
         6       organizing initiative, to create awareness and
         7       appreciation of the Garifuna culture and its
         8       contribution to the culture and society of
         9       New York; and
        10                  "WHEREAS, On May 18, 2001, the
        11       United Nations Educational, Scientific and
        12       Cultural Organization (UNESCO) proclaimed the
        13       Garifuna language, dance and music as a
        14       'masterpiece of the oral and intangible
        15       heritage of humanity'; and
        16                  "WHEREAS, Garifuna-American
        17       Heritage Month provides an opportunity to
        18       recognize the significance of their
        19       contributions to the quality and character of
        20       life, and, through many events and activities
        21       throughout the month, for all people to gain a
        22       greater appreciation of Garifuna history and
        23       traditions, and of the role Garifuna-Americans
        24       have played and will continue to play in our
        25       society; and
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         1                  "WHEREAS, On September 17, 1821,
         2       nearly a decade before slavery was completely
         3       phased out in New York City, William Henry
         4       Brown's African Theater presented its first
         5       performance in Greenwich Village.  Mr. Brown
         6       was the first American playwright of African
         7       descent and wrote 'The Drama of King
         8       Shotaway,' recognized as the first Black drama
         9       of the American theater, which has as its
        10       subject the 1795 Black Caribs (Garifunas)
        11       defense of the Island of St. Vincent against
        12       colonization by the British; and
        13                  "WHEREAS, Today, New Yorkers of
        14       Garifuna heritage such as Sara Logan, Lino
        15       Solis, Rosemary Ordonez Jenkins, Eleanor
        16       Cecelia Castillo-Bullock, Mirtha Colon, Jose
        17       Francisco Avila, and Aurelio Martinez,
        18       continue to recognize and honor the cultural
        19       practices of their ancestors; now, therefore,
        20       be it
        21                  "RESOLVED, That this Legislative
        22       Body pause in its deliberations to memorialize
        23       Governor Andrew M. Cuomo to declare March 11,
        24       2011, to April 12, 2011, as Garifuna-American
        25       Heritage Month in the State of New York; and
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         1       be it further
         2                  "RESOLVED, That a copy of this
         3       resolution, suitably engrossed, be transmitted
         4       to the Honorable Andrew M. Cuomo, Governor of
         5       the State of New York."
         6                  THE PRESIDENT:    Senator Diaz.
         7                  SENATOR DIAZ:    Thank you,
         8       Mr. President.
         9                  Today, ladies and gentlemen, today
        10       is a very, very special day.  And today I'm
        11       honored to be the sponsor of this great
        12       resolution and this historic event.  This is a
        13       historic event today.
        14                  Today I'm honored to have the
        15       opportunity and privilege granted to me by the
        16       distinguished Temporary President, the
        17       Honorable Dean Skelos, and the members of this
        18       body, to be able to introduce this resolution,
        19       and to have many members of the Garifuna
        20       community present to witness this historic
        21       event.
        22                  Ladies and gentlemen, the Garifuna
        23       community has been an integral part of
        24       New York City and especially to the County of
        25       the Bronx for more than 70 years.  The
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         1       Garifunas has been migrating to the United
         2       States of America in search of a better life
         3       since 1930.  Their vitality, their talent,
         4       andr and their commitment constitute
         5       tremendous resources for our state and our
         6       city.
         7                  But, Mr. President and ladies and
         8       gentlemen, it took a tragic incident, a fire,
         9       that took the life of 87 people for the
        10       government institutions to start paying
        11       attention to this great community.  On
        12       March 25, 1990, a social club known as the
        13       Happy Land was set on fire, causing the loss
        14       of that many people and inflicting pain and
        15       suffering to the rest of the Garifuna
        16       community throughout the State of New York and
        17       throughout the world.
        18                  Today, as the State Senator
        19       representing the 32nd Senatorial District in
        20       Bronx County, it is an honor and a privilege
        21       for me to have a delegation of Garifuna over
        22       there and here.
        23                  (Applause, cheers from gallery.)
        24                  SENATOR DIAZ:    This delegation,
        25       Mr. President, this delegation is led by the
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         1       Honorable Francisco Quezada Lobo, the general
         2       consul of Honduras.
         3                  (Applause from gallery.)
         4                  SENATOR DIAZ:    Mr. Jose Francisco
         5       Avila, president of the Garifuna Coalition
         6       USA.
         7                  (Applause from gallery.)
         8                  SENATOR DIAZ:    The Reverend Marta
         9       Chamorro, member of the board of directors of
        10       the New York Hispanic Clergy.
        11                  (Applause from gallery.)
        12                  SENATOR DIAZ:    The Reverend Ana
        13       Thomas, member of the Garifuna Evangelical
        14       Council.
        15                  (Applause from gallery.)
        16                  SENATOR DIAZ:    And the Honorable
        17       Dr. Hector A. Chiesa, the president of Radio
        18       Vision Cristiana Internacional, a radio
        19       station that reaches New York, New Jersey,
        20       Connecticut, Puerto Rico, Santo Domingo, Cuba,
        21       and the Caicos Islands.
        22                  (Applause from gallery.)
        23                  SENATOR DIAZ:    In closing,
        24       Mr. President, again, I would like to thank
        25       Senator Skelos and the Secretary of the
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         1       Senate, Mr. Frank Patience, for allowing me
         2       this great honor of celebrating this historic
         3       event in the New York State Senate.
         4                  To the honorable guests, thank you
         5       for accepting my invitation.  And to the
         6       Garifuna community:  "Buiti Jachuruluni."
         7                  (Applause, cheers from gallery.)
         8                  SENATOR DIAZ:    "Ceremei.
         9       Binilagu Buingui."
        10                  (Applause from gallery.)
        11                  SENATOR DIAZ:    And I invite all
        12       of you ladies and gentlemen to join us at 5:30
        13       in the Albany Room for a very, very Garifuna
        14       celebration.
        15                  Thank you, Mr. President.
        16                  (Extended applause.)
        17                  THE PRESIDENT:    Thank you,
        18       Senator Diaz.
        19                  Next, Senator Serrano.
        20                  SENATOR SERRANO:    Thank you very
        21       much, Mr. President.
        22                  And I want to congratulate Senator
        23       Diaz for not only honoring the Garifuna
        24       community here today but also a couple of
        25       weeks ago in the Bronx, where many of my
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         1       colleagues and Senator Sampson attended a
         2       wonderful event which celebrated the rich
         3       cultural history.
         4                  And what was so amazing about that
         5       event was that we heard many speakers give a
         6       historical perspective of the cultural and
         7       ethnic contribution that this community has
         8       made to the fabric not only of the Bronx but
         9       of the entire City of New York.
        10                  We often talk about celebrating the
        11       rich cultural diversity that we have here in
        12       the State of New York.  And here is a perfect
        13       example of that richness.  There is such an
        14       interesting story and such an educational
        15       story behind how the Garifuna came to be here
        16       in New York City and how they came to be in
        17       Honduras and throughout the Caribbean.
        18                  And even more important, as a
        19       Latino, I think it's really important that we
        20       learn about our African heritage and how that
        21       plays into who we are and what we are today.
        22                  So I want to thank, once again,
        23       Senator Diaz and all of my colleagues and all
        24       of the guests who are here today in
        25       celebrating this resolution and also wishing
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         1       well to this community, that it continues to
         2       grow, that it continues to prosper, and that
         3       it continues to celebrate the cultural
         4       diversity that it brings to the cultural mecca
         5       that is New York.
         6                  Thank you.
         7                  THE PRESIDENT:    Thank you,
         8       Senator.
         9                  (Applause from gallery.)
        10                  THE PRESIDENT:    Thank you,
        11       Senator.
        12                  Next, Senator Espaillat.
        13                  SENATOR ESPAILLAT:    Thank you,
        14       Mr. President.
        15                  I want to congratulate Senator Diaz
        16       for presenting this resolution to this very
        17       important community in this our State of
        18       New York, which continues to be a state of
        19       immigrants.  And obviously New York City
        20       continues to be a great city of immigrants.
        21                  And very often this city has the
        22       ability to reinvent itself.  And perhaps this
        23       is one of the great qualities of our state,
        24       the ability to reinvent itself.  And very
        25       often we take notice of the new Americans and
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         1       the new New Yorkers decades later.  That's
         2       when we begin to notice that they're around.
         3                  And in this particular case, the
         4       Garifunas have been around since 1930.  They
         5       have been contributing to the well-being and
         6       the welfare of this great state since the
         7       1930s.  But they are also part of a very
         8       important African diaspora in Central America
         9       and the Caribbean, an African diaspora which
        10       is integrally connected to the United States
        11       and the great State of New York.
        12                  So I want to commend Senator Diaz
        13       and to welcome all of the members of the
        14       Garifuna community.  And I certainly will not
        15       challenge Senator Diaz in his command of the
        16       Garifuna dialect, but --
        17                  (Laughter.)
        18                  SENATOR ESPAILLAT:    But I will
        19       say "Binilagu Buingui."
        20                  (Applause from gallery.)
        21                  THE PRESIDENT:    Thank you,
        22       Senator.  Senator Diaz, our two other
        23       Senators, thank you very much.
        24                  This resolution was previously
        25       adopted by the Senate on March 29th.
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         1                  Senator Libous.
         2                  SENATOR LIBOUS:    Thank you,
         3       Mr. President.
         4                  I just want to welcome all of you
         5       to the Senate chamber today.  And as my
         6       colleagues --
         7                  (Applause from gallery.)
         8                  SENATOR LIBOUS:    I'm not as
         9       articulate as some of my colleagues, but they
        10       said it for me, and thank you.
        11                  It's great to have you here.  And
        12       God bless all of you.
        13                  Mr. President.  Mr. President, may
        14       we now -- I believe Senator Stavisky has a
        15       resolution at the desk.  May we have its title
        16       read, and we'll move for its adoption.
        17                  THE PRESIDENT:    The Secretary
        18       will read the title only.
        19                  THE SECRETARY:    Legislative
        20       Resolution Number 1067, by Senator Stavisky,
        21       honoring Jewish chaplains who have died in the
        22       line of duty.
        23                  THE PRESIDENT:    Senator Stavisky.
        24                  SENATOR STAVISKY:    Yes, thank
        25       you, Mr. President.
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         1                  There's a section of Arlington
         2       National Cemetery devoted to chaplains.  It's
         3       called Chaplains Hill.  And there are three
         4       sections in this cemetery.  The first one was
         5       dedicated in May of 1926 to the memory of 23
         6       chaplains who were killed during World War I.
         7       In October of 1981, a second memorial was
         8       dedicated to 134 Protestant chaplains who were
         9       killed in World War I and World War II.  And
        10       the third section, which was dedicated in May
        11       of 1989, was to the 83 chaplains who were
        12       killed in service in World War II, Korea, and
        13       Vietnam.  So that makes 242 chaplains killed
        14       in the service of our country.
        15                  However, unfortunately, there's no
        16       section that is dedicated to the Jewish
        17       chaplains who perished during World War I,
        18       World War II, Korea, and Vietnam.  And we are
        19       commending Congress to add another section for
        20       the Jewish chaplains who served overseas and
        21       were killed.  There are 13 who have been
        22       excluded from this Chaplains Hill.
        23                  And these are men and women who
        24       served our Army, Navy, the service people
        25       during times of war, providing spiritual and
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         1       emotional comfort and helping both the service
         2       personnel and their families.  And
         3       unfortunately, they were killed during these
         4       wars in service to our country.  So this I
         5       think is significant because tomorrow we're
         6       going to be celebrating West Point Day.
         7                  So I thank the Lieutenant Governor,
         8       Mr. President, and I thank my colleagues for
         9       supporting this resolution.
        10                  THE PRESIDENT:    Thank you,
        11       Senator.
        12                  Senator Larkin.
        13                  SENATOR LARKIN:    Thank you,
        14       Mr. President.  And I thank Senator Stavisky
        15       for doing this.
        16                  Earlier this year we honored the
        17       four chaplains who were killed in
        18       February 1943 on the Dorchester, when the four
        19       chaplains -- Jewish, Catholic priest,
        20       Protestant, and Lutheran -- all left and gave
        21       their life preservers to the service troopers,
        22       and they went down with their ship.
        23                  I think this is a very important
        24       issue.  Two months ago when we were doing the
        25       celebrations, the Rabbi from West Point -- who
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         1       may be here to visit us tomorrow -- has seen
         2       combat in three or four areas in the Mideast
         3       over the last three or four years.  And I
         4       think it's really important, as you had
         5       stated, Senator, that we make sure that when
         6       we're talking about combat, combat in World
         7       War II, some of us older fellows like Libous
         8       and Skelos, you know, we knew that when a jeep
         9       pulled up, no matter what faith you were, you
        10       were just glad to have somebody there that
        11       could give you some expression of hope, thanks
        12       for what you were doing.
        13                  But when we forget -- today we're
        14       looking at over 5,000 Americans killed in the
        15       Mideast.  And those of the cloth who have
        16       given service to our men and women in the
        17       armed services deserve to be recognized and
        18       recognized formally, not just a piece of paper
        19       at any county, town, or even state.  And I
        20       think our federal government is responsible
        21       for it.
        22                  And I thank you very much, Senator,
        23       for doing this.
        24                  Thank you, Mr. President.
        25                  THE PRESIDENT:    Thank you,
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         1       Senator.
         2                  Any other Senators wishing to speak
         3       on the resolution?
         4                  Seeing none, the question is on the
         5       resolution.  All in favor signify by saying
         6       aye.
         7                  (Response of "Aye.")
         8                  THE PRESIDENT:    Opposed, nay.
         9                  (No response.)
        10                  THE PRESIDENT:    The resolution is
        11       adopted.
        12                  Senator Libous.
        13                  SENATOR LIBOUS:    Mr. President,
        14       Senator Perkins has a privileged resolution at
        15       the desk.  May we have the title read and move
        16       for its immediate adoption.
        17                  THE PRESIDENT:    The Secretary
        18       will read.
        19                  THE SECRETARY:    Legislative
        20       resolution by Senator Perkins, commemorating
        21       the 39th anniversary of the death of Adam
        22       Clayton Powell, Jr., and paying tribute to his
        23       life and accomplishments.
        24                  THE PRESIDENT:    Senator Perkins.
        25                  SENATOR PERKINS:    Thank you very
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         1       much, Mr. President.
         2                  You know, yesterday marked the
         3       43rd anniversary of the assassination of civil
         4       rights activist, leader and hero, Dr. Martin
         5       Luther King.  Given the magnitude of his
         6       iconic legacy, we should take a moment to
         7       acknowledge what he accomplished for
         8       African-Americans as well as for all
         9       Americans.
        10                  During a time when violence and
        11       brutalization were used to enforce Jim Crow
        12       laws, racial segregation and discrimination,
        13       and to disenfranchise African-American voters
        14       in the South, Dr. King espoused the civil
        15       disobedience teachings of Mahatma Gandhi
        16       instead of responding with violence in kind.
        17       He used --
        18                  Oh, this is the one on Powell?  Oh,
        19       sorry.  Thank you.  I'll start over again.
        20                  (Laughter.)
        21                  SENATOR PERKINS:    Thank you for
        22       the opportunity to do it twice.
        23                  (Laughter.)
        24                  THE PRESIDENT:    Senator Perkins.
        25                  SENATOR PERKINS:    Again, Adam
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         1       Clayton Powell, Jr.
         2                  Yesterday marked the anniversary of
         3       the death of another great civil rights
         4       activist, the first African-American
         5       Congressman from New York, Adam Clayton
         6       Powell, Jr.
         7                  Powell's activism was not limited
         8       just to African-Americans.  Adam Clayton
         9       Powell, Jr., made great strides as a civil
        10       rights activist in Harlem, most notable as an
        11       advocate for affordable housing and for
        12       African-American workers denied employment due
        13       to racist hiring practices.
        14                  However, the impact of his activism
        15       far exceeds the boundaries of Harlem.  As a
        16       Congressman for New York, Adam Clayton Powell,
        17       Jr., served as chair of the Education and
        18       Labor Committee, where he spearheaded numerous
        19       federal programs that benefit not only
        20       African-Americans but women, the deaf, the
        21       poor, students and all workers and laborers.
        22                  Further, due in large part to his
        23       efforts, federal legislation was passed to
        24       penalize and remedy many of the racial
        25       vestiges that remained in the South, such as
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         1       racial segregation in schools, voter poll tax,
         2       and the horrific and deplorable crime of
         3       lynching.
         4                  Please join me in observing a
         5       moment of silence for Adam Clayton Powell,
         6       Jr.'s life and great accomplishments.
         7                  Thank you.
         8                  (Whereupon, the assemblage
         9       respected a brief moment of silence.)
        10                  THE PRESIDENT:    Thank you,
        11       Senator.
        12                  Any other Senators wishing to
        13       speak?
        14                  Seeing none, the question is on the
        15       resolution.  All in favor signify by saying
        16       aye.
        17                  (Response of "Aye.")
        18                  THE PRESIDENT:    Opposed, nay.
        19                  (No response.)
        20                  THE PRESIDENT:    The resolution is
        21       adopted.
        22                  Senator Libous.
        23                  SENATOR LIBOUS:    Mr. President, I
        24       believe that Senator Perkins has another
        25       privileged resolution at the desk, and this
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         1       one he would like read in its entirety.  And
         2       if you would then call on Senator Perkins.
         3                  THE PRESIDENT:    The Secretary
         4       will read the resolution in its entirety.
         5                  THE SECRETARY:    Legislative
         6       resolution by Senator Perkins, commemorating
         7       the 43rd anniversary of the assassination of
         8       the Reverend Dr. Martin Luther King, Jr., and
         9       paying tribute to his life and
        10       accomplishments.
        11                  "WHEREAS, From time to time we take
        12       note of certain individuals whom we wish to
        13       recognize for their valued contributions and
        14       to publicly acknowledge their endeavors which
        15       have enhanced the basic humanity among us all;
        16       and
        17                  "WHEREAS, Attendant to such
        18       concern, and in full accord with its
        19       long-standing traditions, it is the intent of
        20       this Legislative Body to acknowledge that
        21       43 years ago today, the Reverend Dr. Martin
        22       Luther King, Jr., was assassinated, and to pay
        23       tribute to his life and accomplishments; and
        24                  "WHEREAS, Martin Luther King, Jr.,
        25       was born January 15, 1929, in Atlanta,
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         1       Georgia, to Alberta and Martin Luther King,
         2       Sr., whose maternal grandfather founded the
         3       Ebenezer Baptist Church, which the young
         4       Dr. King would be associated with for most of
         5       his life; and
         6                  "WHEREAS, Following his graduation
         7       from high school at the age of 15, Martin
         8       Luther King, Jr., earned a Bachelor of Arts
         9       degree from Morehouse College in 1948, a
        10       Bachelor of Divinity degree from Crozer
        11       Theological Seminary in 1951, and a doctorate
        12       from Boston University in 1955; and
        13                  "WHEREAS, In 1953, Martin Luther
        14       King, Jr., married Coretta Scott, who was an
        15       accomplished individual in her own right as a
        16       talented singer and a graduate of the
        17       prestigious New England Conservatory of Music.
        18       From this union came four children:  Yolanda,
        19       Martin III, Dexter, and Bernice; and
        20                  "WHEREAS, One year later, Martin
        21       and Coretta King arrived in Montgomery,
        22       Alabama, where he assumed leadership of the
        23       Dexter Avenue Baptist Church; and
        24                  "WHEREAS, Martin Luther King, Jr.'s
        25       leadership skills would be tested in early
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         1       December of 1955, when Rosa Parks' refusal to
         2       remove herself from her seat in the "Whites
         3       Only" section of the city bus triggered the
         4       382-day Montgomery Bus Boycott, the first
         5       great Negro nonviolent demonstration of
         6       contemporary times in the United States; and
         7                  "WHEREAS, The bus boycott, which
         8       ended on December 21, 1956, when the Supreme
         9       Court declared unconstitutional the laws
        10       requiring segregation on buses in the South,
        11       propelled Martin Luther King, Jr., into the
        12       national spotlight; and
        13                  "WHEREAS, In 1957, Martin Luther
        14       King, Jr., was elected president of the
        15       Southern Christian Leadership Conference
        16       (SCLC), an organization formed to provide new
        17       leadership for the burgeoning civil rights
        18       movement, drawing their ideals from
        19       Christianity and the strategy of nonviolent
        20       protest from Mahatma Gandhi; and
        21                  "WHEREAS, At great danger to
        22       themselves, Martin Luther King, Jr., and his
        23       allies in the civil rights movement used
        24       nonviolence to call attention to the racial
        25       inequities that were pervasive throughout the
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         1       South, as well as to call for full voting
         2       rights for African-Americans; and
         3                  "WHEREAS, Martin Luther King, Jr.'s
         4       commitment to racial equality was laid out in
         5       dramatic fashion on August 28, 1963, before
         6       200,000 Americans of all races and from all
         7       corners of the country in his well-known 'I
         8       Have a Dream' speech, where he spoke of a
         9       nation that would 'rise up and live out the
        10       true meaning of its creed:  We hold these
        11       truths to be self-evident, that all men are
        12       created equal,' and where his four little
        13       children would 'one day live in a nation where
        14       they will not be judged by the color of their
        15       skin but by the content of their character';
        16       and
        17                  "WHEREAS, Because of Dr. Martin
        18       Luther King, Jr.'s dedication and commitment
        19       to racial equality, today, in the
        20       21st century, his dream has become a reality
        21       with the monumental election of Barack Obama
        22       as America's first African-American president;
        23       and
        24                  "WHEREAS, The Nobel Committee
        25       recognized both Martin Luther King, Jr.'s work
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         1       as a civil rights leader and his moral stance
         2       against racism with the 1964 Nobel Prize for
         3       Peace at the age of 35, making him the
         4       youngest recipient of this prestigious honor;
         5       and
         6                  "WHEREAS, Martin Luther King also
         7       saw beyond race to address important issues
         8       that affected all Americans, regardless of the
         9       color of their skin, including the Vietnam
        10       War, economic injustice, and labor issues; and
        11                  "WHEREAS, By 1967, he had plans to
        12       initiate a Poor People's Campaign to bring
        13       much-needed attention to the issue of poverty.
        14       It was on this unforgettable date, April 4,
        15       1968, that Martin Luther King, Jr., was in
        16       Memphis, Tennessee, to support the black
        17       sanitation workers who were on strike, that he
        18       was assassinated; and
        19                  "WHEREAS, Just as Gandhi had
        20       inspired Dr. Martin Luther King, Jr., so did
        21       his words inspire Nelson Mandela as well as
        22       hundreds of thousands of black South Africans
        23       to fight against the system of apartheid until
        24       it too was destroyed; and
        25                  "WHEREAS, Today, more than four
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         1       decades after his death, Dr. King's commitment
         2       to racial equality and his tireless efforts to
         3       make this country 'one nation ... indivisible,
         4       with liberty and justice for all' is still
         5       remembered, not just by young and old
         6       Americans alike, but by men, women and
         7       children around the world who study his work
         8       and his words and are moved to action by his
         9       declaration that 'injustice anywhere is a
        10       threat to justice everywhere'; and
        11                  "WHEREAS, A moving example of the
        12       high regard in which Dr. King is held globally
        13       is at London's Westminster Abbey, where his
        14       statue, along with those of nine other
        15       20th-century martyrs, adorns the west front
        16       end of this venerable cathedral; and
        17                  "WHEREAS, Upon the occasion of the
        18       43rd anniversary of the death of the Reverend
        19       Dr. Martin Luther King, Jr., this Legislative
        20       Body wishes to commemorate the lifelong
        21       struggle of the man who gave his life for
        22       racial equality; now, therefore, be it
        23                  "RESOLVED, That this Legislative
        24       Body pause in its deliberations to commemorate
        25       the 43rd anniversary of the assassination of
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         1       the Reverend Dr. Martin Luther King, Jr., and
         2       to pay tribute to his life and
         3       accomplishments, and be it further
         4                  "RESOLVED, That copies of this
         5       resolution, suitably engrossed, be transmitted
         6       to the New York State Black, Puerto Rican and
         7       Hispanic Legislative Caucus, and to the family
         8       of the Reverend Dr. Martin Luther King, Jr."
         9                  THE PRESIDENT:    Senator Perkins.
        10                  SENATOR PERKINS:    Thank you
        11       again.
        12                  You know, this particular
        13       resolution is especially important to us at
        14       this time because we see not only on the
        15       national level, but in even in our own state,
        16       efforts that are quite contrary to this dream.
        17       We see them, especially concerning to me, as
        18       attacks are being made on religious grounds
        19       with regard to Muslims, who are being
        20       characterized just by virtue of their faith as
        21       terrorists, and different actions are being
        22       taken against them that I think Dr. King would
        23       find, to say the least, very objectionable.
        24                  And it's very concerning to me
        25       because those of us who have this great
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         1       privilege of being a legislator, on a local
         2       level or a state level or a national level,
         3       very often are the ones who are in the
         4       forefront of these very anti-Martin
         5       Luther-King-dream activities.
         6                  And this is, I think, what is so
         7       important to me about this, because we in this
         8       legislative body have the opportunity to be
         9       leaders in terms of Dr. King's dream and in
        10       terms of being embracing of all people
        11       regardless of their race, their color, and
        12       especially regardless of their religion.
        13                  And so I'm very concerned when in
        14       this period of time we see in New York State,
        15       we see in this country, religious prejudice
        16       mounting in such a way that families in my
        17       district are very concerned about the
        18       possibilities, as Muslims, that they may be
        19       attacked or that they may be in jeopardy.
        20                  And so I would urge that we really
        21       take this moment not just to be for a moment
        22       of silence but, more importantly, for a moment
        23       of recommitment to Dr. King's dream, and
        24       embrace those of us that may not be exactly
        25       like us but nevertheless aspire to the same
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         1       life, aspire to the same dreams -- including
         2       those young people that very often who are
         3       undocumented but nevertheless share the dream
         4       through something called the Dream Act that
         5       will enable them to become the kind of leaders
         6       that we all would like to see young people to
         7       become.
         8                  So I ask all my colleagues to
         9       reflect on Dr. King from that perspective and,
        10       if you will, to join me on this resolution.
        11                  THE PRESIDENT:    Thank you,
        12       Senator.
        13                  Senator Hassell-Thompson.
        14                  SENATOR HASSELL-THOMPSON:    Thank
        15       you, Mr. President.
        16                  I rise to thank my colleague
        17       Senator Perkins for bringing the resolution
        18       but, more, for helping us to continue to
        19       remember a man who gave so very much of
        20       himself that the world accepted his
        21       leadership.  And we could do no less.
        22                  And I think all of us somewhat
        23       remember where we were when we heard the news
        24       that Dr. King had been assassinated, but I'm
        25       not sure that all of us remember it enough to
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         1       be committed to the dream.
         2                  I agree with much that Senator
         3       Perkins had said, because on the night of his
         4       death he was preparing to lead a march against
         5       poverty.  And in a country where we have so
         6       many resources, we still have so many people
         7       below the poverty level.  In a country where
         8       we have so many resources, we still have
         9       people who are hungry, who go to bed hungry
        10       every night.
        11                  And as I have always spoken and I
        12       will continue to do so, I don't talk just
        13       about the "I Have a Dream" speech, but I talk
        14       about the man who was a transformer and who
        15       believed that we should not be building
        16       institutions for the homeless but should be
        17       changing the paradigm to understand why, in a
        18       country of wealth, we have homelessness.  And
        19       in a country where we have so much that we
        20       have feeding programs as opposed to changing
        21       the paradigm to make sure that there is no
        22       hunger.
        23                  And so if we want to honor
        24       Dr. King, I would hope that we would do so in
        25       this moment to recommit ourselves to making
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         1       the realities of his dream come true.  And to
         2       make sure that the education that he sought
         3       for all children should transpire, and that
         4       the dream of having true fellowship across
         5       races and ethnicity and religion shall
         6       transpire.  And then we will be doing our part
         7       to keep the dream alive.
         8                  Thank you, Senator Perkins.
         9                  THE PRESIDENT:    Thank you,
        10       Senator.
        11                  Senator Larkin.
        12                  SENATOR LARKIN:    Thank you,
        13       Mr. President.
        14                  You know, it's 43 years yesterday
        15       when Dr. King was killed in Memphis.  He was
        16       there trying to help strikers, sanitation
        17       workers in the City of Memphis.  You know, it
        18       was a shock to some of us that this happened
        19       in the manner that it did.  Most of us can
        20       remember where we were on certain days.  I
        21       asked four people today where they were on
        22       April the 4th.  They couldn't tell me.
        23                  I was at a nuclear site in Tappan,
        24       New York.  The next day the father of the
        25       New York City district attorney, Mr. Vance,
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         1       had some of us called back to active duty, and
         2       we were sent all over the country.  I was sent
         3       to Detroit.  And we puzzled, in talking with
         4       people of different colors, different ideas,
         5       different briefs, what happened?  What's going
         6       on?  A young African-American lady turned to
         7       me and said, "Colonel, the problem is we
         8       forgot what Dr. King was saying."
         9                  What Dr. King was trying to
        10       convince us to understand one another.  And we
        11       thought more of ourself.  And it was easier to
        12       say I know Dr. King.  I can tell you, in my
        13       lifetime, since I first met Dr. King in 1965,
        14       I don't think I've met two people who can
        15       honestly say "I met and I talked to him."
        16                  But this was an individual that
        17       tried to put something forth.  I think we
        18       waste a lot of time in talk and not -- he had
        19       a vision.  He gave it to us.  And we talk
        20       about this and that and the other thing.  He
        21       was talking about, when he made that speech,
        22       when he said that all children, he was talking
        23       about his, mine, yours, Lieutenant Governor,
        24       and everybody in this room.  He was talking
        25       about doing something.
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         1                  And we fail to realize as adults
         2       our responsibilities, not just as legislators.
         3       But what have we done in our schools?  What
         4       have we done in groups to encourage young men
         5       and women to take a positive approach rather
         6       than a negative approach?  We don't need
         7       gangs.
         8                  I said this earlier this year, and
         9       I say it again.  Dr. King was sitting next to
        10       the Lord, and he said, "You know, Lord,
        11       they're celebrating my birthday."  And He
        12       said, "Yes, Martin, I understand that."  And
        13       he said, "But, dear Lord, they're not paying
        14       attention to what I said.  Can you send me
        15       back and let me try again?"  He said, "Martin,
        16       you did your work.  It's now the
        17       responsibilities of those who you left behind
        18       to sit back and remember what your vision was,
        19       what your hopes and dreams were for all
        20       people -- not just African-Americans, not
        21       brown, not blue, but individuals across the
        22       world."
        23                  Martin Luther King spoke in honesty
        24       and sincerity.  I only spoke to him for
        25       10 minutes, but I got his message very clear.
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         1       The march from Selma to Montgomery, there was
         2       one killed.  That person was killed because
         3       she didn't obey the rules and went off the
         4       beaten path and got into some trouble.  The
         5       rest of the march was successful.
         6                  What happened in Memphis and all of
         7       the joggling back and forth with the law
         8       enforcement people I think was a waste of
         9       time.  Somebody killed him.  We should have
        10       got them and done it then.  It went on for
        11       many, many years.
        12                  But I think we are the people that
        13       better start to think about what he said.  Not
        14       just think of every year his anniversary for
        15       his birthday or the date that he was killed.
        16       Unless we're going to go back and try to work
        17       with these young people and get them to pull
        18       together and do something positive -- not just
        19       for us, but for themselves -- we will be
        20       wasting what Dr. King had hoped and prayed for
        21       and gave us the vision.
        22                  Thank you, Mr. President.
        23                  THE PRESIDENT:    Thank you,
        24       Senator.
        25                  Senator Parker.
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         1                  SENATOR PARKER:    Thank you,
         2       Mr. President.  On the resolution.
         3                  Let me first thank Senator Perkins
         4       for his leadership on putting this resolution
         5       forward and recognizing this important
         6       milestone.
         7                  It's actually easier to talk and to
         8       celebrate Dr. King's life and legacy and his
         9       birth, as we do in January, than it is to
        10       think about his death.  Because he died under
        11       very different circumstances than which he
        12       lived.
        13                  We like to stand in this chamber
        14       and in the halls of academia and talk about
        15       the great Prince of Peace, second only to
        16       Jesus, as Dr. King led a nonviolent movement
        17       for access to public accommodations through
        18       this country.  But we forget about the context
        19       in which he died.  That was a man who
        20       internationalized the movement for human
        21       equality and who in fact put the idea of
        22       connecting economic justice with human rights,
        23       side by side.
        24                  And that's what he was killed for.
        25       That it was okay when you were just talking
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         1       about integrating a water fountain or a
         2       bathroom or using the same dining room in a
         3       restaurant.  But the idea of making economic
         4       opportunity universal was worth killing a man
         5       for.
         6                  And so I want to associate myself
         7       with Senator Perkins' remarks, particularly as
         8       we talk about some of the attacks on Islam
         9       that we're in fact dealing with right now.
        10       But Senator Perkins has spoken about that so
        11       eloquently, I need not address that,
        12       Mr. President.
        13                  What I want to talk about that's
        14       relevant to what we're dealing with right now
        15       is the connection between what Dr. King was
        16       doing at the moment of his death -- which was
        17       working for those Memphis sanitation
        18       workers -- and what we're seeing right now in
        19       our America.  That in fact when you see that
        20       protest around better work environments and
        21       better wages, how do we in fact juxtapose that
        22       between that and Wisconsin and Indiana and
        23       Ohio -- oh, yeah, and New York -- when we
        24       every day fight back attempts to roll back
        25       protections for workers.  Where we go every
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         1       day and roll back wages for workers and in our
         2       attempts to roll back healthcare access for
         3       workers.  That's the exact thing that Dr. King
         4       stood about.
         5                  So as you sit here today and we
         6       vote aye on this resolution, I challenge us
         7       all, and I'm taking this step that Senator
         8       Perkins asked us to take, which is to recommit
         9       ourselves to not just the life and legacy but
        10       the real work of Dr. King towards the end of
        11       his life, the thing that actually got him
        12       killed, which was expanding economic
        13       opportunity for working men and women in this
        14       country and this state.  Because that was the
        15       very thing that we had to deal with.
        16                  That it's interesting that the
        17       moment that he was beginning to look
        18       internationally and he started his critique of
        19       Vietnam -- no one ever says that -- and the
        20       impending Korean War, that we find ourselves
        21       right now in the midst of war.  That our
        22       Vietnam may be Iraq.  That our Vietnam may be
        23       Afghanistan or perhaps Libya in 10 years if we
        24       don't get out of there.
        25                  And so there's much to learn from
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         1       Dr. King's legacy.  And we should all
         2       remember, Mr. President, that those who don't
         3       learn the lessons of history are doomed to
         4       repeat them.
         5                  THE PRESIDENT:    Thank you,
         6       Senator.
         7                  Senator Liz Krueger.
         8                  SENATOR LIZ KRUEGER:    Thank you,
         9       Mr. President.  I also rise to thank Senator
        10       Perkins for his resolution today.
        11                  And it's interesting how it's
        12       circled around in the discussion of my
        13       colleagues, because I also was thinking of
        14       Dr. King's teachings on ensuring economic
        15       access and equal access under our laws.  And
        16       we started this day confirming someone to run
        17       our economic development agencies.  And
        18       perhaps we don't on a normal day think about
        19       ESDC or UDC being responsible for ensuring the
        20       dream of Martin Luther King.
        21                  But in fact I would say yes, that
        22       is what as a government we are asking of
        23       ourselves.  We want to ensure that all
        24       New Yorkers have the ability to meet their
        25       families' basic needs.
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         1                  And one of my colleagues talked
         2       about the realities of poverty, and the
         3       numbers are scary.  The numbers are scary for
         4       American workers, they're scary for New York
         5       workers.  The wages of workers has been going
         6       down over the last decade.  But clearly the
         7       costs of living have not.  The numbers on the
         8       average wages received by single mothers or
         9       black versus white New Yorkers or Hispanic
        10       versus white New Yorkers are
        11       disproportionately lower for single mothers,
        12       for African-Americans, for Latinos in our
        13       state, and we're going the wrong direction.
        14                  And so in fact when I think about
        15       the teachings of Martin Luther King and the
        16       importance of his life in our lives as public
        17       servants, and I circle back to our earlier
        18       discussion about the importance of coming up
        19       with an economic development model or models
        20       in our state that ensure we're open to
        21       business, to make sure that we're open to the
        22       goal of all people in New York State being
        23       able to go to work, have a living wage, be
        24       able to come home and take care of themselves
        25       and their children.
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         1                  And unfortunately, we are going
         2       backwards for the last decade.  And so the
         3       lesson for me of today are hopefully to remind
         4       all of us on this day is what our assignment
         5       is as public servants.  Our assignment is to
         6       make sure that those workers and families in
         7       New York who are not actually participating in
         8       Martin Luther King dream or the American dream
         9       are provided assistance and a commitment by
        10       the government of this state to make sure that
        11       they can provide for themselves and their
        12       families.
        13                  Thank you, Mr. President.
        14                  THE PRESIDENT:    Thank you,
        15       Senator.
        16                  Senator Espaillat.
        17                  SENATOR ESPAILLAT:    Thank you,
        18       Mr. President.
        19                  I also want to join the rest of my
        20       colleagues in congratulating Senator Perkins
        21       for this very important and historic
        22       resolution.
        23                  And I remember that day as a young
        24       immigrant youth that came here to New York
        25       State from the Dominican Republic, I remember
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         1       the day they sent us home from school.  And in
         2       my broken English I was able to see on TV and
         3       read in the papers and understand what had
         4       occurred and the magnitude and the historic
         5       implications of what had happened 43 years
         6       ago.
         7                  And certainly it would always stay
         8       in my mind.  And perhaps it may have played a
         9       pivotal and important role in why I'm here
        10       today.
        11                  But just the other day I joined
        12       Senator Perkins in another forum where we had
        13       a number of young people.  They called
        14       themselves the Dreamers.  They are young
        15       immigrant kids that, very much like myself,
        16       came here with no papers.  Although perhaps
        17       they came here young enough, maybe at the age
        18       of 2, 4, or 5, and they never really -- or
        19       their parents never really got around to
        20       stabilizing their immigration status.
        21                  And they went through elementary
        22       school here in New York State and they
        23       graduated from a New York State high school or
        24       they maybe got their general equivalency
        25       diploma from the State Department of
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         1       Education, but once they did that, they found
         2       it difficult to enter an institution of higher
         3       education.  Many roadblocks were put on their
         4       way to access higher education because they
         5       had not taken care of their status, their
         6       immigration status.
         7                  And they called themselves the
         8       Dreamers.  Very much, I think so, because they
         9       identify with Martin Luther King and his theme
        10       of "I Have a Dream."
        11                  And these folks, these young people
        12       who now want to go to college -- and they want
        13       to graduate from college and become part of
        14       the New York State family and pay their taxes
        15       and contribute to this society -- are very
        16       much connected to this legacy.  Yet the
        17       federal government, Congress, has not seen fit
        18       to pass the Dream Act and allow them access to
        19       higher education.
        20                  And right here in our state we see
        21       folks that want to slam the door shut on them.
        22       They want to keep them out.  They want to shut
        23       down their dream.  They don't want them to
        24       become New Yorkers.  Some may even feel that
        25       they should be deported back to a country that
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         1       perhaps they have very little connection with.
         2       They may not even be able to speak their own
         3       language.  Perhaps they don't speak Spanish
         4       anymore.  Perhaps they don't speak Russian or
         5       Chinese anymore.  They may have very little
         6       connection with the country that saw them
         7       born.
         8                  And they want to be New Yorkers and
         9       they want to have that dream, but we want to
        10       shut down the door.  And we want to call them
        11       names.  And we want to point the finger at
        12       them and blame them for everything from global
        13       warming to the bad state of the economy.
        14                  So I want to join Senator Perkins
        15       in once again lifting the King legacy to
        16       another level, and to honor his contribution
        17       to this country -- our country -- and to the
        18       world.  And to say that 43 years later,
        19       perhaps when I have a Shakespearian command of
        20       the language, I could appreciate more his
        21       contribution to my life and to our country.
        22                  Thank you, Mr. President.
        23                  THE PRESIDENT:    Thank you,
        24       Senator.
        25                  Any other Senators wishing to
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         1       speak?
         2                  The question is on the resolution.
         3       All in favor signify by saying aye.
         4                  (Response of "Aye.")
         5                  THE PRESIDENT:    Opposed, nay.
         6                  (No response.)
         7                  THE PRESIDENT:    The resolution is
         8       adopted.
         9                  Senator Maziarz.
        10                  SENATOR MAZIARZ:    Mr. President,
        11       could we at this time have the reading of the
        12       noncontroversial calendar.
        13                  THE PRESIDENT:    The Secretary
        14       will read.
        15                  THE SECRETARY:    Calendar Number
        16       136, by Senator Ranzenhofer, Senate Print
        17       3225, an act to amend the Vehicle and Traffic
        18       Law.
        19                  THE PRESIDENT:    Read the last
        20       section.
        21                  THE SECRETARY:    Section 2.  This
        22       act shall take effect on the first of
        23       November.
        24                  THE PRESIDENT:    Call the roll.
        25                  (The Secretary called the roll.)
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         1                  THE SECRETARY:    Ayes, 56.  Nays,
         2       2.  Senators Duane and Montgomery recorded in
         3       the negative.
         4                  THE PRESIDENT:    The bill is
         5       passed.
         6                  THE SECRETARY:    Calendar Number
         7       173, by Senator Saland, Senate Print 1416, an
         8       act to amend the Penal Law.
         9                  THE PRESIDENT:    Read the last
        10       section.
        11                  THE SECRETARY:    Section 4.  This
        12       act shall take effect on the first of
        13       November.
        14                  THE PRESIDENT:    Call the roll.
        15                  (The Secretary called the roll.)
        16                  THE SECRETARY:    In relation to
        17       Calendar Number 173, those recorded in the
        18       negative are Senators Duane, Hassell-Thompson,
        19       Montgomery, Parker and Perkins.
        20                  Ayes, 53.  Nays, 5.
        21                  THE PRESIDENT:    The bill is
        22       passed.
        23                  THE SECRETARY:    Calendar Number
        24       177, by Senator Flanagan, Senate Print 3207,
        25       an act to amend the Penal Law.
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         1                  THE PRESIDENT:    Read the last
         2       section.
         3                  THE SECRETARY:    Section 4.  This
         4       act shall take effect on the first of
         5       November.
         6                  THE PRESIDENT:    Call the roll.
         7                  (The Secretary called the roll.)
         8                  THE SECRETARY:    Ayes, 55.  Nays,
         9       3.  Senators Montgomery, Parker and Perkins
        10       recorded in the negative.
        11                  THE PRESIDENT:    The bill is
        12       passed.
        13                  THE SECRETARY:    Calendar Number
        14       186, by Senator Saland, Senate Print 1418, an
        15       act to amend the Correction Law.
        16                  THE PRESIDENT:    Read the last
        17       section.
        18                  THE SECRETARY:    Section 2.  This
        19       act shall take effect immediately.
        20                  THE PRESIDENT:    Call the roll.
        21                  (The Secretary called the roll.)
        22                  THE SECRETARY:    In relation to
        23       Calendar Number 186, those recorded in the
        24       negative are Senators Hassell-Thompson,
        25       Montgomery, Parker and Perkins.
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         1                  Ayes, 54.  Nays, 4.
         2                  THE PRESIDENT:    The bill is
         3       passed.
         4                  THE SECRETARY:    Calendar Number
         5       190, by Senator LaValle, Senate Print 3325, an
         6       act to amend the Correction Law.
         7                  THE PRESIDENT:    Read the last
         8       section.
         9                  THE SECRETARY:    Section 3.  This
        10       act shall take effect on the 60th day.
        11                  THE PRESIDENT:    Call the roll.
        12                  (The Secretary called the roll.)
        13                  THE SECRETARY:    Ayes, 55.  Nays,
        14       3.  Senators Montgomery, Parker and Perkins
        15       recorded in the negative.
        16                  THE PRESIDENT:    The bill is
        17       passed.
        18                  THE SECRETARY:    Calendar Number
        19       227, by Senator Flanagan, Senate Print 3205,
        20       an act to amend the Penal Law.
        21                  THE PRESIDENT:    Read the last
        22       section.
        23                  THE SECRETARY:    Section 2.  This
        24       act shall take effect on the first of
        25       November.
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         1                  THE PRESIDENT:    Call the roll.
         2                  (The Secretary called the roll.)
         3                  THE SECRETARY:    Ayes, 55.  Nays,
         4       3.  Senators Montgomery, Parker and Perkins
         5       recorded in the negative.
         6                  THE PRESIDENT:    The bill is
         7       passed.
         8                  THE SECRETARY:    Calendar Number
         9       283, by Senator Griffo, Senate Print 4194, an
        10       act to amend the Banking Law.
        11                  THE PRESIDENT:    Read the last
        12       section.
        13                  THE SECRETARY:    Section 4.  This
        14       act shall take effect on the first of
        15       November.
        16                  THE PRESIDENT:    Call the roll.
        17                  (The Secretary called the roll.)
        18                  THE SECRETARY:    Ayes, 54.  Nays,
        19       4.  Senators Duane, Montgomery, Parker and
        20       Perkins recorded in the negative.
        21                  THE PRESIDENT:    The bill is
        22       passed.
        23                  Senator Maziarz, that completes the
        24       noncontroversial reading of the calendar.
        25                  SENATOR MAZIARZ:    Mr. President,
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         1       at this time can we return to motions and
         2       resolutions.  And if you would call on
         3       Senator Klein, please.
         4                  THE PRESIDENT:    Returning to the
         5       order of motions and resolutions.
         6                  Senator Klein.
         7                  SENATOR KLEIN:    Thank you,
         8       Mr. President.
         9                  I move that the following bill be
        10       discharged from its respective committee and
        11       be recommitted with instructions to strike the
        12       enacting clause:  Senate Number 3231, on
        13       behalf of Senator Carlucci.
        14                  THE PRESIDENT:    So ordered.
        15                  Senator Maziarz.
        16                  SENATOR MAZIARZ:    Mr. President,
        17       is there any other business at the desk?
        18                  THE PRESIDENT:    There is none.
        19                  SENATOR MAZIARZ:    All right.
        20       Then there being no further business, I move
        21       that we adjourn until Wednesday, April 6th, at
        22       11:00 a.m.
        23                  THE PRESIDENT:    On motion, the
        24       Senate stands adjourned until Wednesday,
        25       April 6th, at 11:00 a.m.
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         1                  SENATOR MAZIARZ:    Mr. President.
         2                  THE PRESIDENT:    Senator Maziarz.
         3                  SENATOR MAZIARZ:    Mr. President,
         4       I'm sorry, I just want to remind all the
         5       members -- all the members -- it is mandatory
         6       tomorrow that you be in the chamber for
         7       West Point Day.
         8                  Thank you, Mr. President.
         9                  THE PRESIDENT:    Thank you,
        10       Senator.
        11                  Again, on motion, the Senate stands
        12       adjourned until Wednesday, April 6th, at
        13       11:00 a.m.
        14                  (Whereupon, at 5:23 p.m., the
        15       Senate adjourned.)
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