Regular Session - March 3, 2009

                                                            962



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     March 3, 2009

        11                       3:29 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR ANDREA STEWART-COUSINS, Acting President

        19  ANGELO J. APONTE, Secretary

        20

        21

        22

        23

        24



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

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The Senate will please come to order.

         4                  I ask everyone present to rise and

         5       recite with me the Pledge of Allegiance to our

         6       Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       In the absence of clergy, may all we bow our

        11       heads for a moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Thank you.

        16                  The reading of the Journal.

        17                  The Secretary will read.

        18                  THE SECRETARY:    In Senate,

        19       Monday, March 2, the Senate met pursuant to

        20       adjournment.  The Journal of Friday,

        21       February 27, was read and approved.  On

        22       motion, Senate adjourned.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Without objection, the Journal stands approved



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         1       as read.

         2                  Presentation of petitions.

         3                  Messages from the Assembly.

         4                  Messages from the Governor.

         5                  Reports of standing committees.

         6                  Reports of select committees.

         7                  Communications and reports from

         8       state officers.

         9                  Motions and resolutions.

        10                  Senator Klein.

        11                  SENATOR KLEIN:    Madam President,

        12       are there any substitutions at the desk?

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Yes, there are, Senator Klein.

        15                  The Secretary will read.

        16                  THE SECRETARY:    On page 9,

        17       Senator Parker moves to discharge, from the

        18       Committee on Banks, Assembly Bill Number 259

        19       and substitute it for the identical Senate

        20       Bill Number 1936, Third Reading Calendar 67.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Substitution ordered.

        23                  Senator Klein.

        24                  SENATOR KLEIN:    Madam President,



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         1       may we at this time adopt the Resolution

         2       Calendar, with the exception of Resolution

         3       Numbers 619, 620, and 623.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       All those in favor of adopting the Senate

         6       Resolution Calendar, with the exception of

         7       Resolutions 619, 620, and 623, please signify

         8       by saying aye.

         9                  (Response of "Aye.")

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Opposed, nay.

        12                  (No response.)

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       The Resolution Calendar, with the exception of

        15       Resolution Numbers 619, 620, and 623, is

        16       adopted.

        17                  Senator Klein.

        18                  SENATOR KLEIN:    Madam President,

        19       can we please have the title read of Senate

        20       Resolution Number 30, previously adopted by

        21       this house on January 13, 2009, and call on

        22       Senator Griffo to speak on the said

        23       resolution.

        24                  ACTING PRESIDENT STEWART-COUSINS:



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         1       The Secretary will read.

         2                  THE SECRETARY:    By Senator

         3       Griffo, Legislative Resolution Number 30,

         4       memorializing Governor David A. Paterson to

         5       proclaim March 2009 as Deep Vein Thrombosis

         6       Awareness Month in the State of New York.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Griffo.

         9                  SENATOR GRIFFO:    Thank you, Madam

        10       President.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Excuse me, Senator.

        13                  May we have order in the chamber,

        14       please.

        15                  Senator Griffo.

        16                  SENATOR GRIFFO:    Thank you, Madam

        17       President.

        18                  We all know how important health

        19       issues are and health concerns are to all of

        20       us, and that's why this resolution

        21       particularly calls to attention something that

        22       for many years really did not receive the

        23       attention that it deserved.

        24                  This is Deep Vein Thrombosis



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         1       Awareness Month, and it was brought to my

         2       attention by a number of people who are in the

         3       gallery above me today.  I want to recognize

         4       Kevin Powers from Genesee Orthopedics, and

         5       Paul Lynch from Sanofi-Aventis, and also

         6       Dr. John DeTraglia and Cynthia DeTraglia from

         7       Mohawk Valley Cardiothoracic Surgery, and

         8       relatives of the Powers family, Diane and

         9       Vivian, who are also here today.

        10                  I want to thank them for coming,

        11       because this is something if we don't pay

        12       attention to could really have a very deadly

        13       effect.  Many people don't understand that

        14       symptoms of DVT are something that you may

        15       take for granted.  They include pain,

        16       swelling, tenderness, discoloration or redness

        17       of affected areas of the skin.  So many times

        18       these are often misdiagnosed, and the symptoms

        19       are silent.

        20                  So as a result of many of the

        21       individuals that I have come in contact with,

        22       like Mr. Powers and Dr. DeTraglia, I think

        23       it's important that we create an environment

        24       where we are sending forth information and



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         1       education on this potentially very deadly

         2       disease.

         3                  It occurs in over 2 million

         4       Americans each year; 600,000 are hospitalized

         5       for DVT.  It is the most preventable cause of

         6       hospital deaths in the United States.  So

         7       one-third of hospitalized patients with these

         8       risk factors can receive preventive treatment.

         9                  In the elderly, DVT is associated

        10       with a 21 percent a year mortality rate.  And

        11       cancer patients undergoing surgical procedures

        12       have at least twice the risk of postoperative

        13       DVT and more than three times the risk than

        14       noncancer patients.  Many of these are because

        15       of a pulmonary embolism that can occur and

        16       cause this type of death.

        17                  So I think it's essential and

        18       that's why as a result of working with these

        19       fine people that we are able to present in

        20       this house this resolution to memorialize the

        21       Governor to declare March as DVT Awareness

        22       Month.  And I know this will be done likewise

        23       in the Assembly.

        24                  I appreciate their hard work and



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         1       efforts, and I hope this is the beginning of

         2       really calling attention to this very deadly

         3       situation and health care concern.  And this

         4       memorializing resolution now will declare this

         5       month Deep Vein Thrombosis Awareness Month,

         6       and I am hopeful that more New Yorkers are

         7       benefit because of the hard work and efforts

         8       of the people that are here with me and the

         9       education that we are attempting to put forth.

        10                  Thank you, Madam President.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Thank you, Senator Griffo.

        13                  Senator Klein.

        14                  SENATOR KLEIN:    Madam President,

        15       could we at this time take up Resolution 623.

        16       I ask that the resolution be read in its

        17       entirety and move for its immediate adoption,

        18       and call on Senator Perkins to speak on his

        19       said resolution.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       The Secretary will read.

        22                  THE SECRETARY:    By Senator

        23       Perkins, Legislative Resolution Number 623,

        24       mourning the death of Wilbert A. Tatum, a man



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         1       of singular distinction and a pioneer in

         2       African-American journalism.

         3                  "WHEREAS, It is the custom of this

         4       Legislative Body to pay proper tribute to

         5       those individuals of extraordinary character

         6       whose lives exemplified the highest ideals of

         7       humanity and whose lifework and civic endeavor

         8       served to enhance the quality of life in the

         9       great State of New York; and

        10                  "WHEREAS, Wilbert 'Bill' Tatum of

        11       New York City, New York, died on Thursday,

        12       February 26, 2009, at the age of 76; and

        13                  "WHEREAS, A great advocate and a

        14       penetrating writer, Wilbert A. Tatum is an

        15       iconic and vitally important figure in both

        16       journalism and civil rights.  His courage, his

        17       tenacity, his sagacity, and his advocacy are

        18       unparalleled in African-American journalism;

        19       and

        20                  "WHEREAS, Wilbert A. Tatum was the

        21       longtime publisher of the Amsterdam News,

        22       New York City's oldest African-American

        23       newspaper and one of the oldest ethnic papers

        24       in the country; and



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         1                  "WHEREAS, Wilbert A. Tatum held

         2       multiple roles throughout his 25-year tenure

         3       at the publication, including editor,

         4       publisher, chairman, and chief executive; and

         5                  "WHEREAS, His exceptional

         6       leadership of the Amsterdam News made his name

         7       nearly synonymous with the paper's; and

         8                  "WHEREAS, The former deputy borough

         9       president of Manhattan, Wilbert A. Tatum will

        10       forever serve as a strong pioneering role

        11       model for both African-American men and women,

        12       as well as all Americans, for he exemplified

        13       the virtues of family, sacrifice, excellence,

        14       determination, and self-confidence; and

        15                  "WHEREAS, Wilbert A. Tatum's

        16       highest priority and joy was his family.  He

        17       is survived by his wife, Susan, and his

        18       daughter, Elinor; and

        19                  "WHEREAS, Armed with a humanistic

        20       spirit, imbued with a sense of compassion, and

        21       comforted by a loving family, Wilbert A. Tatum

        22       leaves behind a legacy which will long endure

        23       the passage of time and will remain as a

        24       comforting memory to all he served and



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         1       befriended; now, therefore, be it

         2                  "RESOLVED, That this Legislative

         3       Body pause in its deliberations to mourn the

         4       death of Wilbert A. Tatum, a man of singular

         5       distinction and a pioneer in African-American

         6       journalism, and be it further

         7                  "RESOLVED, That a copy of this

         8       resolution, suitably engrossed, be transmitted

         9       to the family of Wilbert A. Tatum."

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Senator Perkins.

        12                  SENATOR PERKINS:    Thank you so

        13       much, Madam Chair.  I just want to make a few

        14       quick comments.

        15                  Obviously, the resolution speaks

        16       well to his legacy.  But, you know, one of the

        17       aspects of Wilbert Tatum is that he as a

        18       journalist, as someone in the media,

        19       understood that we have to keep a watchful eye

        20       for the injustice that sometimes the media can

        21       perpetuate.  And in that regard, you know, he

        22       was a beacon towards that end.

        23                  You know, right now we are about to

        24       celebrate the 20th anniversary of the



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         1       so-called Central Park Five case, where five

         2       young men were falsely accused of raping a

         3       Central Park jogger.  Many of you I'm sure

         4       have heard about it, because it was not only

         5       nationally reported but also internationally

         6       reported.

         7                  And unfortunately, it was the

         8       injustice of the media that drove a lynch mob

         9       mentality in our city and in our country that

        10       resulted in them being called urban terrorists

        11       and wolf packs.  And in fact, even Donald

        12       Trump, the Donald Trump that we all know, took

        13       a full-page ad in the New York Times and other

        14       local newspapers calling for the return of the

        15       death penalty for these young men.

        16                  And in fact, thanks to Wilbert

        17       Tatum and the Amsterdam News, he kept his eye

        18       on this case and enabled justice to take place

        19       in terms of the evidence that ultimately came

        20       out after 13 years that resulted in the

        21       confession of the true rapist and obviously

        22       the dropping of the charges -- unfortunately,

        23       too late for these young men.

        24                  And so for what he has done with



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         1       respect to the Central Park jogger case and

         2       those young men who were victimized by that

         3       case and bringing about justice in that case,

         4       that, I think, is the single most signature

         5       aspect of the kind of leadership that he tried

         6       to provide, not only for the Amsterdam News

         7       but for the media in general.

         8                  The media has the great power of

         9       being an arbiter of justice.  Too often it

        10       doesn't quite fulfill that role.  Bill Tatum

        11       is an example of how that can be done.

        12                  Thank you very much.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Thank you, Senator Perkins.

        15                  Senator Espada.

        16                  SENATOR ESPADA:    Thank you, Madam

        17       President.

        18                  I guess the question will always be

        19       asked when all of us, one by one, have our

        20       appointment at the Pearly Gates:  What have we

        21       done?  Why should we be remembered?

        22                  Why was Bill Tatum important?  He

        23       was important because Senators like Bill

        24       Perkins remember those signature



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         1       accomplishments and social justice issues.

         2                  I remember him as a friend.  Those

         3       Saturdays when they would hold session at the

         4       Amsterdam News to proffer endorsements was a

         5       very tense time for all of us, because we knew

         6       that Bill would be there, and he'd be chilling

         7       out in his little sofa area.  And while he had

         8       others with him, you knew that the hard

         9       questions would come from Bill because he

        10       wanted to hear not just what you wanted to say

        11       but really feel whether indeed it was in your

        12       soul.

        13                  And so I recall the legacy of not

        14       just Bill Tatum but the institution, the

        15       New York Amsterdam News, about to celebrate a

        16       hundred years this year.  His tenure over that

        17       paper, that leadership of over a quarter of a

        18       century.  He passed the baton on to his

        19       daughter Ellie.  And still the conscience of

        20       it all I think for many years, his wife,

        21       Susan.  They're all there.

        22                  But the signature moment for me,

        23       and why we can all recall different signature

        24       moments, was because he was so accomplished.



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         1       His editorials, so penetrating.  Bill Tatum

         2       was unafraid to be unpopular.  He was unafraid

         3       to be controversial.

         4                   Bill Tatum took on a very powerful

         5       mayor -- and this is what I recall as his

         6       signature moment -- in 1986 through 1989, on a

         7       weekly basis, when we had the most powerful

         8       mayor the City of New York had had in many a

         9       generation.  His name was Ed Koch.  And he

        10       was, I guess, one of many in the recent past

        11       of the imperial mayors.

        12                  He took him on, and he took him on

        13       every week for three years.  And he took him

        14       on on real issues of substance that mattered

        15       to communities of color in New York City.  No

        16       one would hear and no one would take him

        17       seriously during that point because it was the

        18       imperial, all-powerful Ed Koch, the mayor.

        19                  And whatever one felt about him, Ed

        20       Koch, he also has a great record of

        21       accomplishment.  But there came that time when

        22       we had to have change from bottom up -- and I

        23       know that's become popular of late.  But Bill

        24       Tatum understood how to talk the talk of the



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         1       language of the people in the street who

         2       needed to be awakened, they needed to believe

         3       that they could in fact fashion change.

         4                  And in my mind, that ushered in the

         5       David Dinkins era.  Because David Dinkins came

         6       out of that movement that Bill Tatum started

         7       in those pages of the Amsterdam News.  With a

         8       circulation of about 25,000 to 30,000, he

         9       affected the voice and the conscience of about

        10       8 million people.

        11                  And so that voice and that legacy

        12       will be sorely missed.  But the Amsterdam 

        13       News, with all due respect to its publisher

        14       emeritus, will live on.  And people like Ellie

        15       and others will carry on the message of social

        16       and economic justice.

        17                  Thank you very much.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Thank you, Senator Espada.

        20                  Senator Schneiderman.

        21                  SENATOR SCHNEIDERMAN:    Thank you,

        22       Madam President.

        23                  I want to thank my colleague

        24       Senator Perkins for making us all take a



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         1       moment to think about some of the things that

         2       are important in life.

         3                  And as we all proceed here and

         4       fight over the transactional issues of the

         5       day, it is very, very appropriate to pause and

         6       think about someone who took the longer view

         7       and fought for issues before they were

         8       popular.  And before we were capable of

         9       passing laws in New York State, he fought for

        10       getting the ideas on which those laws were

        11       based into the conversation.

        12                  When I was first a young attorney

        13       just out of law school, Bill Tatum was a

        14       client of my law firm.  And I think one of the

        15       first legal assignments I ever undertook, a

        16       senior partner came in to me and said,

        17       "There's a guy here who's got a problem."  And

        18       I went into an office, and there was Bill

        19       Tatum.  And he said, "Is there any legal

        20       theory for the following fact situation?  A

        21       man who is later exonerated is arrested and

        22       taken into a police precinct.  He comes out

        23       four hours later and he's been beaten to a

        24       pulp.  No one knows what happened to him.  He



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         1       has no witnesses.  Is there any recourse for

         2       this person?"

         3                  And my first reaction was, I'm here

         4       to make money at a corporate law firm, I

         5       really never expected to get this kind of

         6       assignment.  But I then came to understand

         7       that Bill Tatum, who was a very successful

         8       businessman and a very successful man in the

         9       corporate world in his own way, always took

        10       time to ask questions on behalf of those most

        11       in need, those who had the least defense,

        12       those who had the least resources, and those

        13       whose questions raised some of the most

        14       difficult issues.

        15                  And I actually did research on that

        16       case, and we actually determined that there

        17       were theories of liability for someone who's

        18       supposed to be taken into custody and

        19       protected while he's in custody.

        20                  I worked for years with Will Tatum,

        21       and I have to say he had an impact on a lot of

        22       people's lives.  He was a mentor to many, many

        23       people.  He took a lot of criticism.  He took

        24       a lot of criticism that was unwarranted.  But



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         1       he was not afraid, as my colleagues have

         2       indicated, to tackle people bigger than

         3       himself and to hold out on issues that were

         4       not popular when he started -- but through

         5       that process, he transformed the dialogue in

         6       our city.

         7                  And I know Ellie is keeping up that

         8       tradition.  But there are a lot of folks out

         9       there like me who knew him when we were

        10       younger, were encouraged by him to challenge

        11       authority, were encouraged by him to make like

        12       Bill Perkins and constantly pick fights with

        13       people bigger than us, and that we could

        14       survive.  That was Will Tatum.

        15                  And it's great that we're pausing

        16       today to think about him as we move forward.

        17       This business is not always about doing, you

        18       know, the bidding of the rich and the

        19       powerful.  This business is also about

        20       speaking up for those who do not have voices.

        21       And it's great that we're honoring a man who

        22       did that so eloquently and so strongly for so

        23       many years.

        24                  Thank you, Madam President.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Thank you, Senator.

         3                  Senator Duane.

         4                  SENATOR DUANE:    Thank you, Madam

         5       President.  I also want to raise my voice in

         6       tribute to Bill Tatum.

         7                  And I met him and first sought his

         8       endorsement when I was running to be a

         9       Democratic district leader in the very early

        10       '80s.  And Senator Schneiderman said from when

        11       he was young man; I was thinking I still am,

        12       but I'm not.

        13                  But the thing about Bill Tatum, his

        14       warm and generous demeanor, his terrific sense

        15       of humor could never have been mistaken for

        16       the incredibly sharp mind and really strong

        17       ideology.  And, you know, he made his choices

        18       on the merits.  He was a really able and

        19       strong advocate and occasional adversary.

        20                  I looked forward to my meetings

        21       with him when it was time for an endorsement.

        22       I enjoyed them in a way that I don't think

        23       you're supposed to enjoy endorsement meetings.

        24                  And I'm enormously sorry for his



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         1       daughter, who I always call Elinor.  I know

         2       she's Ellie.  Our joke is that for forever

         3       I've been promising her that we'd have a cup

         4       of coffee.  Instead, we've made it dinner.

         5       But she's a really terrific businesswoman, an

         6       astute journalist.  She does her father proud.

         7                  And I know he's watching what's

         8       happening.  And as we make progress in this

         9       world, a huge part of it is because Bill Tatum

        10       worked so hard and so long and made sure that

        11       his voice was heard through the Amsterdam News

        12       and every other piece of community activism

        13       that he did, which predated his ownership of

        14       the Amsterdam News.  And a wonderful,

        15       wonderful man.

        16                  Thank you, Madam President.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Thank you, Senator.

        19                  Are there any other Senators that

        20       wish to be heard on the resolution?

        21                  Senator Montgomery.

        22                  SENATOR MONTGOMERY:    Yes, thank

        23       you, Madam President.  I rise to join my

        24       colleagues in paying a special tribute to



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         1       Mr. Tatum.

         2                  I think that more than anything, I

         3       would like to just acknowledge the fact that

         4       the thing that Bill Tatum represents is an

         5       enormously important figure.  Because when the

         6       newspaper the Amsterdam News was started a

         7       hundred years ago, it was a time in our

         8       history when there were very, very, very few

         9       African-American newspapers.

        10                  And it was very difficult, it must

        11       have been very, very difficult for Bill Tatum

        12       to even survive.  I know many times he talked

        13       about how difficult it was to even get ads, to

        14       even get the state agencies to take ads in the

        15       newspaper.

        16                  So it was not easy for Bill Tatum

        17       to run a newspaper.  Yet that was the organ --

        18       every African-American in the city knows about

        19       the Amsterdam News, and most of them read the

        20       Amsterdam News.  That is extremely important.

        21       News is important to communities.  And he

        22       carried news that was specific to our

        23       community.

        24                  So I am indebted to him.  I think



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         1       we all are.  And he did not only care about

         2       the African-American community, because, as

         3       you see, many friends from all walks of life

         4       came to Bill Tatum.  And he loved the City of

         5       New York.  But he especially loved and revered

         6       and respected the African-American community.

         7       So I am grateful to him for that.

         8                  There were many times when his

         9       stories were the only stories in the newspaper

        10       in the City of New York.  So for that, he is

        11       an historical figure, he is important to the

        12       city and the culture, and especially the

        13       community, the black African-American

        14       community and Caribbean community in the city.

        15                  So I thank him, and I thank Senator

        16       Perkins for acknowledging him.  We don't often

        17       have an opportunity to acknowledge the great

        18       people of our city and our state.  So thank

        19       you.

        20                  And I join my colleagues in his

        21       memory to his daughter.  We know that she is

        22       carrying on that legacy.  We thank her.  But

        23       she has a wonderful and great and important,

        24       significant father who has passed on, gone to



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         1       heaven.

         2                  Thank you.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Thank you, Senator.

         5                  Senator Klein.

         6                  SENATOR KLEIN:    Thank you, Madam

         7       President.

         8                  I too would like to rise and

         9       commend my colleague Senator Perkins on his

        10       resolution memorializing Bill Tatum.

        11                  When I was first elected to the

        12       Assembly, one of the issues that still

        13       unfortunately plagues us, not only in Bronx

        14       County but across the state, is that of

        15       childhood asthma.  At the time, I did a very

        16       comprehensive study, legislation.  We were

        17       able to get the first pediatric asthma unit in

        18       the Bronx.

        19                  And Bill Tatum called me.  He was

        20       very impressed with what we did in the Bronx;

        21       he wanted to try to replicate the same type of

        22       thing in Harlem.  And we became friendly.

        23                  Every year, as you know, Madam

        24       President, because you were my honoree this



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         1       year, I do an African-American history

         2       breakfast, where I had the privilege of having

         3       Mr. Tatum as the guest speaker one year.

         4                  And he was a very, very smart man,

         5       someone who cared deeply about people.  Even

         6       though he rose to become a very successful

         7       businessman, he never forgot where he came

         8       from.

         9                  And one of the things that I was

        10       very proud of is in 2004, when I ran for the

        11       Senate -- it was a very contentious race --

        12       and he gave me a glowing endorsement.  So it

        13       shows that life is somewhat circular

        14       sometimes.

        15                  But again, I want to thank Senator

        16       Perkins because today we take a moment, and we

        17       should take more than a moment, to recognize a

        18       great man who contributed much to not only the

        19       African-American community but all of us in

        20       New York State.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Thank you, Senator.

        23                  The question is on the resolution.

        24       All those in favor please signify by saying



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         1       aye.

         2                  (Response of "Aye.")

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Opposed, nay.

         5                  (No response.)

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The resolution is adopted.

         8                  I'm sure that Senator Perkins would

         9       want us to open and he has asked us to open

        10       the resolution to everyone.  And indeed, if

        11       there is a member wishing not to be a

        12       multisponsor of the resolution, please so

        13       inform the desk.

        14                  Senator Klein.

        15                  SENATOR KLEIN:    Madam President,

        16       may we at this time go to the reading of the

        17       noncontroversial calendar.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       The Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       43, by Member of the Assembly Millman,

        22       Assembly Print Number 300, an act to amend the

        23       Education Law, in relation to enacting the

        24       "New York Higher Education Cares" Act.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Call the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 62.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       The bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       50, by Senator Breslin, Senate Print 2088, an

        13       act to amend the Insurance Law and the Civil

        14       Practice Law and Rules, in relation to

        15       standard fire insurance policies.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Read the last section.

        18                  THE SECRETARY:    Section 4.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Call the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 62.

        24                  ACTING PRESIDENT STEWART-COUSINS:



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         1       The bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       54, by Senator Larkin, Senate Print 644, an

         4       act to amend the Racing, Pari-Mutuel Wagering

         5       and Breeding Law, in relation to free passes,

         6       cards or badges.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Read the last section.

         9                  THE SECRETARY:    Section 4.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Call the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Announce the results.

        16                  THE SECRETARY:    Ayes, 61.  Nays,

        17       1.  Senator Duane recorded in the negative.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       The bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       61, by Member of the Assembly Peoples,

        22       Assembly Print Number 3483, an act to amend

        23       the Executive Law, in relation to institution

        24       of court actions.



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         1                  SENATOR MORAHAN:    Lay it aside.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The bill is laid aside.

         4                  Senator Klein, that completes the

         5       noncontroversial reading of the calendar.

         6                  SENATOR KLEIN:    Madam President,

         7       at this time could we please move to the

         8       controversial reading of the calendar.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       If the Secretary would please ring the bells.

        11                  Members are all asked to come to

        12       the chamber for the purpose of the

        13       controversial reading of the calendar.

        14                  The Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       61, by Member of the Assembly Peoples,

        17       Assembly Print Number 3483, an act to amend

        18       the Executive Law.

        19                  SENATOR WINNER:    Explanation.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator Thompson, an explanation has been

        22       requested.

        23                  SENATOR THOMPSON:    Yes, Madam

        24       President.



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         1                  This amendment allows that an

         2       individual who is claiming to be aggrieved by

         3       an unlawful discriminatory practice may bring

         4       a lawsuit within three years after any

         5       dismissal for administrative convenience.

         6       This lies squarely with the harm that is

         7       caused by the statute of limitations running

         8       on a resident of New York State's claim for

         9       unlawful discrimination.

        10                  This bill was originally presented

        11       as a program bill under former Governor

        12       Pataki.  At that time, the delay in the

        13       processing of these cases sometimes reached

        14       12 years.  Obviously, a lot can happen in

        15       12 years -- witnesses move, people pass away,

        16       and memories fade.

        17                  Presently, the New York State

        18       Division of Human Rights has the ability to

        19       offer administrative convenience dismissals

        20       for the following reasons.

        21                  So a complainant can bring a

        22       discriminatory action based on the federal

        23       law.  The Division of Human Rights has

        24       reported that they do not want to use their



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         1       resources for cases that are going to the

         2       federal court, because these resources are

         3       limited.  So you can keep a case alive because

         4       a complainant cannot be located or a

         5       respondent has failed to emerge.

         6                  In order to successfully sue in

         7       unlawful discrimination cases, the individual

         8       will most likely want to sue in federal court

         9       and in addition bring their state claim with

        10       them.  So this is a bill that would simply

        11       give individuals an opportunity to seek a

        12       legal remedy.

        13                  I also think it's important to note

        14       that there are plenty of people in New York

        15       State who will benefit from the extension of

        16       time for suing for unlawful discrimination

        17       claims.  In 2008, there were 586 ACDs.  There

        18       were 235 situations of investigatory

        19       procedures and also a number of 351 people

        20       from various hearings.

        21                  So I think this is a good bill.  It

        22       will not put any additional pressure on the

        23       office of the Division of Human Rights.  This

        24       would just give people additional protection.



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         1                  And in 2007, the New York State

         2       Trial Lawyers offered a memorandum in support

         3       of this bill; again, a bill that was a program

         4       bill sponsored by Governor Pataki.

         5                  Thank you.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Thank you, Senator.

         8                  Senator Winner.

         9                  SENATOR WINNER:    Thank you, Madam

        10       President.  On the bill.

        11                  I rise in opposition to this bill

        12       predominantly because of one particular

        13       deficiency and unintended consequence, I

        14       think, of the bill that relates to the issue

        15       of statute of limitations.

        16                  While I understand the trial

        17       lawyers are in favor of increasing the statute

        18       of limitations -- they are pretty much on

        19       anything, in order to allow the opportunity to

        20       bring more lawsuits -- this legislation is

        21       also opposed by the National Federation of

        22       Independent Businesses.  And as such, they

        23       believe that it will have an unintended

        24       adverse consequence to small business owners



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         1       in New York State.

         2                  But more importantly, this

         3       legislation is deficient because it seeks to

         4       extend the statute of limitations upon the

         5       dismissal for administrative convenience in

         6       cases that would also include municipalities.

         7                  And municipalities currently now

         8       have a one-year statute of limitations, and

         9       this bill would increase that statute of

        10       limitations to bring a case to a three-year

        11       period.

        12                  It also would eliminate, probably

        13       by the purposes of the language, the

        14       requirement that before you commence an action

        15       against a municipality you first file a notice

        16       of claim.

        17                  So to that extent, this will expose

        18       municipalities and their insurance carriers to

        19       increased premiums as a result of coverage of

        20       this extension of the statute of limitations

        21       that otherwise would be not be effective

        22       against them, because right now they only

        23       have -- anyone who wants to bring a claim in

        24       this case in state court would only have a



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         1       one-year statute of limitations in order to

         2       bring that claim.

         3                  So while I recognize that this

         4       legislation derived out of the failure of the

         5       Division of Human Rights to do its job

         6       properly in New York State, I think that that

         7       failure, because of the lack of the Division

         8       of Human Rights in bringing their

         9       administrative convenience dismissals properly

        10       and promptly before their board within the

        11       285-day statutory requirement that they

        12       currently have, I think it's unfair to now

        13       penalize municipalities for that failure of

        14       the Division of Human Rights to do their job

        15       properly.

        16                  And as such, if this bill were

        17       amended to have the particular consideration

        18       of maintaining the current statute of

        19       limitations -- which I believe is the intent

        20       of the original Pataki legislation -- as

        21       opposed to the statute of limitations

        22       requirement of three years as against

        23       municipalities, then under those circumstances

        24       it would be less onerous, although still a



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         1       recognition of the failure of the Division of

         2       Human Rights to properly do their job.

         3                  So to that extent, I think that

         4       this legislation ought to be defeated, because

         5       it has an adverse consequence to municipal

         6       employers in this state.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Are there any other Senators wishing to be

         9       heard on the bill before us?

        10                  Hearing none, the debate is closed.

        11                  The Secretary will please ring the

        12       bells.

        13                  Read the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Call the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator Schneiderman, to explain his vote.

        21                  SENATOR SCHNEIDERMAN:    Thank you,

        22       Madam President.

        23                  I'm proud to support this piece of

        24       legislation.  I want to commend Senator



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         1       Thompson.  We have had difficulties for many

         2       years in this state where people who were

         3       victims of discriminatory practices really

         4       were unable to get justice, and I think that

         5       this is a very prudent and well-crafted piece

         6       of legislation intended to address that

         7       problem.

         8                  It's been moving in the Assembly

         9       for years.  And I just want to commend Senator

        10       Thompson for pursuing it, for bringing it to

        11       the floor, and for enabling us to pass it

        12       today.

        13                  This will enable a relatively small

        14       number of people, but people who have been the

        15       victims of unlawful discrimination, to get

        16       their day in court, to get their shot at

        17       justice.  And that's something we all should

        18       be about in this great body.

        19                  Thank you, Madam President.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator Hassell-Thompson, to explain her vote.

        22                  SENATOR HASSELL-THOMPSON:    Thank

        23       you, Madam President.

        24                  I find it very interesting that



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         1       we're more concerned in this house about how

         2       municipalities will in fact be penalized and

         3       we're not concerned about the rights of

         4       people.

         5                  I want to commend my colleague

         6       Senator Thompson for this legislation and let

         7       him know that I give him full support and that

         8       I would hope that right-thinking people in

         9       this chamber would agree and do likewise.

        10                  Thank you, Madam President.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Senator DeFrancisco, to explain his vote.

        13                  SENATOR DeFRANCISCO:    As a

        14       right-thinking person who happens to disagree,

        15       I thought I'd explain my vote, the negative

        16       vote.

        17                  Right now the law requires the

        18       Human Rights Commission to do their job in a

        19       specific period of time, 285 days.  And if

        20       they're going to administratively dismiss a

        21       case, they're supposed to do it before that

        22       date.

        23                  Now, what is the remedy?  Extend

        24       the time to sue, or require the Division of



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         1       Human Rights to do what they're supposed to do

         2       according to a law passed by this Legislature

         3       and signed by a Governor?

         4                  I just think this encourages the

         5       Division of Human Rights to do whatever they

         6       want for the period of time they ever want,

         7       and not do justice to these same individuals

         8       who may have been able to administratively

         9       resolve their case earlier than have to bring

        10       a lawsuit.

        11                  That's why I'm voting no.  Thank

        12       you.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Are there any other Senators wishing to

        15       explain their vote?

        16                  Announce the results.

        17                  THE SECRETARY:    Those recorded in

        18       the negative on Calendar Number 61 are

        19       Senators Bonacic, DeFrancisco, Farley,

        20       Flanagan, Golden, O. Johnson, Larkin, LaValle,

        21       Leibell, Little, Nozzolio, Ranzenhofer,

        22       Saland, Seward, Skelos, Volker and Winner.

        23       Also Senator Lanza voting in the negative.

        24                  Absent from voting:  Senator



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         1       Griffo.

         2                  Ayes, 43.  Nays, 18.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       The bill is passed.

         5                  Senator Klein.

         6                  SENATOR KLEIN:    Madam President,

         7       is there any further business at the desk?

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Senator Klein, the desk is clear.

        10                  SENATOR KLEIN:    There being none,

        11       Madam President, I move that we adjourn until

        12       Wednesday, tomorrow, March 4th, at 3:00 p.m.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       There being no further business to come before

        15       the Senate, on motion, the Senate stands

        16       adjourned until Wednesday, March 4th, at

        17       3:00 p.m.

        18                  (Whereupon, at 4:12 p.m., the

        19       Senate adjourned.)

        20

        21

        22

        23

        24



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