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
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22
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