Regular Session - April 5, 2011

                                                            2316



         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.)

        16

        17

        18

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        21

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