Regular Session - April 27, 2010

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    April 27, 2010

        11                       3:49 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

        25



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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 please

         5       rise and recite with me the Pledge of

         6       Allegiance to our 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 in a moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       And while we are in this moment of silence,

        16       this is the one-year anniversary of the late

        17       Senator Marchi's death.

        18                  (Whereupon, the assemblage

        19       continued to respect a moment of silence.)

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       The reading of the Journal.

        22                  The Secretary will read.

        23                  THE SECRETARY:    In Senate,

        24       Monday, April 26, the Senate met pursuant to

        25       adjournment.  The Journal of Sunday, April 25,



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         1       was read and approved.  On motion, Senate

         2       adjourned.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Without objection, the Journal stands approved

         5       as read.

         6                  Presentation of petitions.

         7                  Messages from the Assembly.

         8                  Messages from the Governor.

         9                  Reports of standing committees.

        10                  Senator Klein.

        11                  SENATOR KLEIN:    Madam President,

        12       I believe there's a report of the Finance

        13       Committee at the desk.  I ask that it be read

        14       at this time.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       There is a report of the Finance Committee at

        17       the desk.

        18                  The Secretary will read.

        19                  THE SECRETARY:    Senator C. Kruger

        20       reports, from the Committee on Finance, the

        21       following nominations.

        22                  As chair of the State Athletic

        23       Commission, Melvina Lathan, of Ardsley.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Senator Kruger.



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         1                  SENATOR CARL KRUGER:    Yes, thank

         2       you, Madam President.  Will you please move

         3       the nomination.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Are there any other Senators who wish to be

         6       heard on the nominee?

         7                  The question is on the motion to

         8       confirm the nomination of Melvina Lathan, of

         9       Ardsley, as the chair of the State Athletic

        10       Commission.  All those in favor please signify

        11       by saying aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Opposed, nay.

        15                  (No response.)

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       The motion carries.  The nomination is

        18       confirmed.

        19                  Congratulations.

        20                  (Applause.)

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       The Secretary will continue to read.

        23                  THE SECRETARY:    As a commissioner

        24       of the State Athletic Commission, Tommaso

        25       Santino, of Douglaston.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Senator Kruger.

         3                  SENATOR CARL KRUGER:    Thank you,

         4       Madam President.  Will we please move that

         5       nomination.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Are there any other Senators who wish to be

         8       heard on the nominee?

         9                  Senator DeFrancisco.

        10                  SENATOR DeFRANCISCO:    Yes, I

        11       would like to simply state that the two

        12       nominees by Governor Paterson to the State

        13       Athletic Commission are extremely well

        14       qualified.  They were well equipped to answer

        15       questions that were taken before the

        16       committee.

        17                  And as the ranking member on the

        18       Finance Committee they also, especially

        19       Melvina Lathan, answered some very difficult

        20       questions, gave her honest opinions and

        21       indicated strongly where she stood on various

        22       issues, and I think that was extremely

        23       important to be so forthright before the

        24       committee.

        25                  Great appointments.  I'm very happy



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         1       to vote yes on both of them.  Thank you.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Thank you, Senator DeFrancisco.

         4                  Senator Padavan.

         5                  SENATOR PADAVAN:    Thank you very

         6       much, Madam President.

         7                  I stand, along with others, to

         8       endorse the confirmation of Mr. Santino, whose

         9       service to the City of New York and the

        10       New York City Police Department has been

        11       exemplary, his leadership in the community,

        12       his service to everyone who is concerned about

        13       the quality of life in the city we live in.

        14       He's an outstanding citizen.

        15                  And if you look at his resume, you

        16       will also see that he has experience in the

        17       boxing world that makes him even more

        18       qualified to be in this position.

        19                  He also has the benefit of being

        20       married to an outstanding woman, an anchor,

        21       Mary McNally, and they have a wonderful young

        22       man as a son who will soon be entering high

        23       school.

        24                  So I stand here with all of you and

        25       strongly recommend that this individual, this



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         1       fine outstanding citizen, be confirmed.

         2                  Thank you.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Thank you, Senator.

         5                  Senator Squadron.

         6                  SENATOR SQUADRON:    Thank you very

         7       much, Madam President.

         8                  In the last few days there hasn't

         9       been a great deal of agreement on both sides

        10       of the aisle.  There is today.  I want to join

        11       Senators DeFrancisco and Padavan in thanking

        12       the Governor for the appointment of Tommaso

        13       Santino and congratulate Mr. Santino.

        14                  His career has shown an incredible

        15       ability to balance athletics, dedication to

        16       the community, and extraordinary public

        17       service in 20 years in the New York City

        18       Police Department.  It's an extraordinary

        19       legacy that he's already built, and I'm sure

        20       that the state will be better off with his

        21       service.

        22                  I had the pleasure early on in my

        23       not-too-long career to work with him side by

        24       side, day on day, hour on hour.  And I can

        25       tell you from up close, there is no one who I



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         1       would rather have in this position or doing

         2       the service of the state.

         3                  So to Mr. Santino and to his

         4       family, congratulations.  To the Governor to

         5       the Governor, thank you for an extraordinary

         6       appointment.

         7                  Thank you, Madam President.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Thank you.

        10                  Senator Duane.

        11                  SENATOR DUANE:    Thank you very

        12       much, Madam President.

        13                  I too just want to thank the

        14       Governor for making this outstanding

        15       appointment.  And I am enthusiastically going

        16       to vote in the affirmative.  And I am

        17       confident that everyone here will.

        18                  And for a whole host of reasons,

        19       this is just a really a terrific appointment.

        20       So I'm going to be proudly and happily voting

        21       in the affirmative, Madam President.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Thank you, Senator.

        24                  Are there any other Senators who

        25       wish to be heard on the nomination?



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         1                  Hearing none, the question is on

         2       the motion to confirm the nomination of

         3       Tommaso Santino as commissioner of the State

         4       Athletic Commission.  All those in favor

         5       please signify by saying aye.

         6                  (Response of "Aye.")

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Opposed, nay.

         9                  (No response.)

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       The motion carries.  The nomination is

        12       confirmed.

        13                  Congratulations, Mr. Santino.

        14                  (Applause.)

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       The Secretary will continue to read.

        17                  THE SECRETARY:    As trustee of the

        18       Power Authority of the State of New York, Mark

        19       O'Luck, of New York City.

        20                  As chair of the Dormitory

        21       Authority, Alfonso Linwood Carney, Jr., of

        22       New York City.

        23                  As a member of the Correction

        24       Medical Review Board, Scott S. Coyne, M.D., of

        25       Huntington.



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         1                  As chairman of the State Board for

         2       Historic Preservation, Robert MacKay, of Cold

         3       Springs Harbor.

         4                  And as a member of the

         5       Saratoga-Capital District State Park,

         6       Recreation and Historic Preservation

         7       Commission, Barbara Linell Glaser, of Saratoga

         8       Springs.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Senator Kruger.

        11                  SENATOR CARL KRUGER:    Thank you,

        12       Madam President.  Can we please move those

        13       nominations.

        14                  SENATOR LIBOUS:    Excuse me, Madam

        15       President.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Yes, Senator.

        18                  SENATOR LIBOUS:    Is there a

        19       reason why we're doing them en masse and we're

        20       not doing them one at a time when we have

        21       people appearing?

        22                  I believe Mr. O'Luck is here, no?

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Senator Libous, Mr. O'Luck is not appearing.

        25       He is not appearing, no.



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         1                  SENATOR LIBOUS:    All right.

         2       Madam President, I believe that on these

         3       nominations, then, I'd like to ask for a show

         4       of hands.  If you choose to do them as a mass,

         5       then we'll do them as a mass.  But I think

         6       people have individual feelings about each

         7       nomination, and they want to express those

         8       feelings.  And doing them all together is

         9       really not fair.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Senator Libous, is there a particular nominee

        12       that you'd like to set aside?

        13                  SENATOR LIBOUS:    Yes.  We'd like

        14       to set Mr. O'Luck aside, please.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Under those circumstances, then, the question

        17       is then on the notion to confirm Mark O'Luck

        18       as trustee of the Power Authority.

        19                  SENATOR LIBOUS:    We are on that

        20       motion?

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       We are on that motion, and the other three

        23       will be taken collectively.

        24                  SENATOR LIBOUS:    Thank you very

        25       much, Madam President.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Senator DeFrancisco, why do you rise?

         3                  SENATOR DeFRANCISCO:    I'd like to

         4       speak on the nomination before there's a vote,

         5       if I could.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Please.

         8                  SENATOR DeFRANCISCO:    I'm not

         9       going to repeat the discussion in the Finance

        10       Committee.  I'm only going to explain my vote

        11       why I don't believe Mark O'Luck should be

        12       confirmed and why I'm voting no.

        13                  I think one of the points in any

        14       confirmation is not only the background of an

        15       individual but also, in my mind, the

        16       credibility and the trustworthiness of an

        17       individual who you're going to confirm.  I

        18       think we've got to be able to have faith in

        19       the individual that's going to be appointed,

        20       especially to such an important authority as

        21       the Power Authority.

        22                  I just felt that Mr. O'Luck did not

        23       give straightforward answers.  He couldn't

        24       answer whether or not he wrote a response to a

        25       an editorial, the contents of which weren't



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         1       nearly as important as whether or not he would

         2       admit that he wrote it.  And I believe he

         3       danced around the issue and not to my

         4       satisfaction, anyway, did not convince me that

         5       he was being totally forthright.

         6                  And as a result, I don't have the

         7       trust in this nominee, and I would vote no

         8       today at this session.  Thank you.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Thank you, Senator DeFrancisco.

        11                  Senator Smith.

        12                  SENATOR SMITH:    Yes, Madam

        13       President, just very briefly.

        14                  I have known Mr. O'Luck for close

        15       to 15 years.  And he has always been a

        16       forthright individual who, even when times

        17       were such that he had to take a position that

        18       was contrary to his beliefs, he would justify

        19       it by virtue of defining his reasoning and his

        20       rationale for it.

        21                  He has been a stellar

        22       businessperson, someone who I know, I know the

        23       Governor knows, many of my colleagues here

        24       know as well, and has always represented his

        25       interests, especially in the minority business



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         1       community, which is so important to the state

         2       in terms of diversification of the people in

         3       this state.

         4                  So I just stand to appreciate my

         5       colleague's description of what he thought

         6       Mr. O'Luck might have been like.  But as

         7       someone who has known him for quite some time,

         8       I just wanted to correct the record.

         9                  Thank you, Madam President.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Thank you, Senator.

        12                  Senator Parker.

        13                  SENATOR PARKER:    On the

        14       nomination, Madam Chair.

        15                  I've known -- I'm here to speak in

        16       favor and ask my colleagues to vote for

        17       Mr. O'Luck to be a member of the Power

        18       Authority board.

        19                  As both the former chair of the

        20       Energy and Telecommunications Committee and

        21       somebody who's known Mr. O'Luck in a business

        22       capacity -- not quite as long as Malcolm, but

        23       for a very long time -- he has a unique gift

        24       of seeing both the specifics of projects and

        25       things that need to be done, but also



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         1       understanding how those specific things go

         2       into a larger context.

         3                  And especially something as

         4       important as the power industry, as we look to

         5       the future and look at some of the economic

         6       problems the state is having, look at the jobs

         7       crisis, if you look at where the opportunities

         8       for us to grow our economy are going to exist,

         9       they're going to exist in the energy industry.

        10                  And certainly as we change not just

        11       from an energy industry but an alternative

        12       energy industry, Mark O'Luck is the kind of

        13       person that we need on the Power Authority

        14       board to help bring an understanding of those

        15       things.  And not just in terms of serving

        16       customers, which I think he will understand,

        17       but, more importantly, how do we in fact grow

        18       the industry and create jobs and at the same

        19       time provide for customers in a way that's

        20       both a low-cost and reliable service.  And so

        21       I stand here in favor of his nomination.

        22                  But then I know there are

        23       questions, and I know there are some concerns.

        24       But what people should do is be honest about

        25       why there are concerns.  And I'm not clear



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         1       about what everybody's motives are.  But let

         2       me say that this was a man that when there

         3       were questions amongst people in -- members of

         4       the Senate in the Energy Committee, he called

         5       every single member and met with the chair and

         6       called the chair several times to have

         7       conversation and dialogue, and so he could

         8       start to understand that perspective.

         9                  When even when Senator DeFrancisco

        10       insisted that he come up and be available at

        11       the Finance Committee, he appeared, came up a

        12       day early, met with Senator DeFrancisco, you

        13       know, for some period of time, discussed all

        14       of the issues, was upfront, forthright, and

        15       outreached to people.

        16                  This is at least what you ask from

        17       people.  That we don't always agree, we don't

        18       always have the same perspective, but at

        19       minimum what you're looking for are people who

        20       are willing to work with you, who are willing

        21       to partner with you, who are willing to share

        22       your perspective and understand it and

        23       incorporate it in their decision-making.

        24                  That's the kind of person and the

        25       kind of character that Mark O'Luck has, and



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         1       which is why I'm supporting him in his

         2       nomination and I'm asking my colleagues to do

         3       as well.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Thank you, Senator.

         6                  Senator Hassell-Thompson.

         7                  SENATOR HASSELL-THOMPSON:    Thank

         8       you, Madam Chair.

         9                  I also stand in support of this

        10       nominee, as someone who over the last 10 years

        11       that I had the opportunity to work with very

        12       closely in terms of how do we articulate the

        13       language of MWBEs for the State of New York

        14       and how to ensure that we get maximum

        15       participation.

        16                  I am deeply concerned at some of

        17       the questions that may be raised about

        18       positions that Mr. O'Luck has chosen to take

        19       in his life.  But I do not believe that any of

        20       those should have any bearing on his

        21       eligibility and his ability to do the job that

        22       we're going to ask him to do.

        23                  So therefore, I'm asking my

        24       colleagues to support me in this nomination

        25       for an authority as a person who will be a



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         1       tremendous asset to that board.

         2                  Thank you, Madam President.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Thank you, Senator.

         5                  Senator Huntley.

         6                  SENATOR HUNTLEY:    Yes, Madam

         7       President.  I would just like to stand to

         8       basically support what my colleague just said

         9       in terms of Mark O'Luck.  I've known him for a

        10       number of years, even though he doesn't live

        11       in my area, but he's about and around a lot of

        12       communities.  He's done a lot of positive

        13       things.

        14                  And he's just a fine gentleman.  I

        15       can't seem to understand what he's done, why

        16       we're going through all this.  Normally we

        17       never do.  But that's a whole other story.

        18                  But I just want you to know I

        19       support him and I think he should be

        20       appointed.  Thank you.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Thank you, Senator.

        23                  Senator Adams.

        24                  SENATOR ADAMS:    Thank you, Madam

        25       Chair.



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         1                  One of my pet peeves that I have

         2       when individuals come through my committee for

         3       nomination is that they have the audacity to

         4       be nominated but they don't want to show up.

         5       They don't want to be questioned.  They don't

         6       want to interact.

         7                  And I think at the minimum we can

         8       disagree without being disagreeable.  But when

         9       people show a lack of respect and disdain for

        10       this body that they can't come before the

        11       committees and interact or to call and speak

        12       with the members or the committee or the chair

        13       of the committee, I believe that, if anything,

        14       those individuals should not be permitted to

        15       be put in any position of authority.

        16                  That didn't happen here.  As

        17       Senator Parker just stated, Mark O'Luck -- who

        18       I know personally -- he actually came before

        19       the committee and was willing to answer

        20       questions from the committee.  And then I just

        21       learned from Senator Parker that he spoke with

        22       members of the committee to find out what are

        23       their concerns.  That is what we expect of

        24       individuals we nominate.

        25                  I've seen this body vote in favor



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         1       of nominees who have refused to answer

         2       questions in front of this body.  So to now

         3       have selective amnesia and don't realize that

         4       if we're going to set a standard, that

         5       standard should be, at a minimum, individuals

         6       who expect to sit on boards or positions of

         7       authority in this state should at a minimum

         8       come before us.  You don't have to agree with

         9       our questions, you don't believe to believe

        10       our questions are right, but you should be

        11       willing to be asked the question and you

        12       should be expected to answer the question.

        13       And I believe that's Mr. O'Luck did.

        14                  Lastly, we are a failure on MWBEs

        15       in the State of New York.  We are a failure.

        16       For whatever reason, when it comes down to

        17       finding creativity of preventing people of

        18       color and women and other minority groups of

        19       seeking the countless number of opportunities

        20       in this state, New York State fails.

        21                  Mr. O'Luck is bringing a history of

        22       knowing how to not only open doors but to

        23       provide opportunities for men, women and other

        24       minority groups so they can participate in the

        25       prosperity of this state and the millions and



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         1       billions of dollars of opportunities.  That is

         2       what he brings to the table.

         3                  So to deny that type of diversity,

         4       to deny that type of ability is the wrong

         5       thing to do.  If anything, we need to look at

         6       the countless number of boards throughout this

         7       state that are all one type, one mindset and

         8       one philosophy, and it should be diversified.

         9       This is a diversified state, and the bodies

        10       that make the decisions in this state should

        11       be diversified.  And Mr. O'Luck clearly is a

        12       signal of that.

        13                  I stand in support of this nominee,

        14       and I'm asking my colleagues to do the same.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Thank you, Senator.

        17                  Senator Montgomery.

        18                  SENATOR MONTGOMERY:    Thank you,

        19       Madam President.

        20                  Certainly I was in the meeting this

        21       morning when the committee voted for the

        22       nominee, Mr. O'Luck.  And it was the first

        23       time that I'd had a full opportunity to hear

        24       him.  He made a fairly extensive statement

        25       about his experiences, his concerns, what he



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         1       thought he could bring to this appointment.

         2                  And as a person who has had the

         3       experience himself, very personally -- he

         4       himself is an African-American man, but he

         5       also has been a businessperson, understands

         6       the difficulties on both of those angles, both

         7       as an African-American person as well as a

         8       small businessperson as well as a minority

         9       businessperson.

        10                  He has an in-depth understanding

        11       and sensitivity and expressed to us this

        12       morning that he indeed intends to draw upon

        13       all of his experiences, in every way that he

        14       has had them, to bring a new perspective to

        15       the work that he intends to do as a member of

        16       that authority.

        17                  So I'm very happy that he will be

        18       there.  I believe this is the first person of

        19       color, to my knowledge, that we've had an

        20       opportunity to vote on for his position.

        21                  And he also said something

        22       extremely important, and that was that he is

        23       going to focus on ways in which that authority

        24       can be translated, its mission can be

        25       translated to the benefit of young people in



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         1       urban centers around the state.  I've never

         2       heard any commissioner express that interest,

         3       that concern, and that intent.

         4                  So it is really -- this is an

         5       opportunity for us to do something that is

         6       going to be of great benefit both to the

         7       authority as well as to the communities across

         8       the state that will depend upon the work of

         9       that particular authority to bring both energy

        10       as well as employment, jobs and economic

        11       development.

        12                  So I applaud the Governor for this

        13       appointment, and I certainly support him and

        14       think that this is really an opportunity for

        15       us today to bring diversity and quality and a

        16       new perspective to the authority.

        17                  Thank you, Madam President.  I vote

        18       yes.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator Thompson.

        21                  SENATOR THOMPSON:    Thank you,

        22       Madam President, for recognizing me.

        23                  First let me just say that I'm

        24       happy to support the candidacy and nomination

        25       of Mark O'Luck today.  I think he's a very



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         1       respectable gentleman, a very professional

         2       gentleman.  And I do agree that he brings some

         3       unique talents and skill sets to the board.

         4                  But I also know that it was -- not

         5       only do I support his candidacy and

         6       nomination, but I was also concerned that his

         7       nomination moved before one of my -- some of

         8       the folks in Niagara County.  We have been

         9       working to address that issue.  And I think we

        10       move his nomination today and hopefully the

        11       next nomination will be someone from Niagara

        12       Falls and Niagara County.

        13                  As many of you know, I represent

        14       the City of Niagara Falls, and we're very

        15       concerned.  And if I didn't believe that

        16       Mr. O'Luck was going to do a good job, I would

        17       not be supporting his nomination.

        18                  I think the next step is we move

        19       forward with finally getting someone from the

        20       City of Niagara Falls or someone from Niagara

        21       County where so much of the Power Authority's

        22       resources come from.  So I think that's our

        23       next challenge.

        24                  I know that Senator Maziarz and

        25       Senator Aubertine and Senator Stachowski and



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         1       Senator Valesky have heard my pleas about this

         2       particular issue.  We need to make sure that

         3       the next nomination is someone that comes from

         4       the City of Niagara Falls or someone that

         5       comes from Niagara County.

         6                  But Mark O'Luck is a great guy.

         7       I'm sure he'll bring great leadership and

         8       great vision to this board and to this

         9       authority.

        10                  Thank you.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Thank you, Senator.

        13                  Senator Duane.

        14                  SENATOR DUANE:    Thank you, Madam

        15       President.

        16                  I regret that I was not present

        17       when Mr. O'Luck appeared before the committee,

        18       as I was preparing for a Health Committee

        19       meeting.  However, there have been a couple of

        20       different issues that have been raised that I

        21       think are important to put out there.

        22                  The first is that Mr. O'Luck has

        23       obviously been vetted across a whole

        24       cross-section, a continuum of different

        25       places, and his nomination has moved forward.



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         1       And so his qualifications, it would seem, are

         2       fine.

         3                  And I have been here for a while,

         4       and I've actually seen nominations that

         5       probably did not equal that in past years.

         6       And from what I can tell from the vetting of

         7       Mr. O'Luck, excellent candidate.

         8                  I also think that --

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Excuse me, Senator Duane.

        11                  Can I ask for order in the chamber,

        12       please.

        13                  SENATOR DUANE:    -- that one of

        14       the things that we've discovered is that there

        15       are many similarities between the needs across

        16       many spectrums of urban dwellers and

        17       businesspeople and rural dwellers and

        18       businesspeople, that they share many of the

        19       same concerns.

        20                  And so I think it's actually an

        21       enrichment to bring a point of view that might

        22       be, shall we say, out of the box.  One might

        23       say that we could use more of that here, one

        24       might say.  Might someone?  It shouldn't

        25       always be me.



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         1                  And the other thing is that I think

         2       that maybe even I fall into this trap

         3       sometimes, that we think that the wealth of

         4       experience or the amount of -- or wealth is a

         5       limited amount.  But in fact we enrich our

         6       society by bringing different voices and

         7       expertises across the spectrum, voices that

         8       may not have been heard in the usual places

         9       and thoughts that are not put on the table

        10       from the usual places.

        11                  And so I would say whether it's

        12       from the urban/rural connection or -- one of

        13       the reasons I stood up is because people

        14       mentioned MWBE.  And I think it makes the pie

        15       bigger and stronger and more enriched.  It's

        16       not a limited amount.  And we should do

        17       everything we can to expand it.

        18                  And there are so many things in our

        19       state which I -- you probably have heard me

        20       say this, Madam Chair, where I say, when

        21       someone is saying "This is the way it's always

        22       been done, and so this is the way we're doing

        23       it," and I always say:  "And how's that

        24       working?"  And we need only look at the

        25       experiences of the past year.  How is that



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         1       working?

         2                  Let's everybody really celebrate

         3       that there are different voices that have been

         4       brought to the table in a more powerful way

         5       here, and maybe a little less, you know,

         6       what -- my mother would say, "Tom, you're

         7       being obstreperous."  My recently deceased

         8       mother would say, "Tom, you're" -- a little

         9       bit less being obstreperous and a little bit

        10       more on opening up to new ideas and new

        11       thoughts on how to do things, we might be

        12       better off.

        13                  And I think that maybe Mr. O'Luck

        14       would fit right into that category.  So I am

        15       definitely voting yes, Madam President.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Thank you, Senator.

        18                  Senator DeFrancisco.

        19                  SENATOR DeFRANCISCO:    I just

        20       wanted to comment there seemed to be a lot of

        21       discussion in the debate here about diversity,

        22       different points of view, minority and women

        23       business organizations, and we have to be

        24       inclusive and all that.

        25                  I did meet with Mr. O'Luck



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         1       yesterday.  He did not originally appear

         2       before the committee; I asked for him to

         3       appear.  So he wasn't going to appear until I

         4       asked him to appear, asked that he appear.

         5                  Number two, I asked him yesterday

         6       about an article, a response that had "Mark

         7       O'Luck" as the writer of the response.  I

         8       asked him, "Did you write this?"  "I don't

         9       know."

        10                  Did you -- "Do people normally

        11       write your name?"  "Well, it might have been

        12       somebody from my company."  "Well, let me show

        13       it to you.  Do you remember this?" "I don't

        14       remember this."  "Well, did you write it?"

        15       "Well, I believe in those things.  I don't

        16       know if I wrote it."

        17                  I asked him -- I gave him those

        18       questions yesterday.  He either wrote it or he

        19       didn't, he recognized it or he didn't.

        20                  So at the committee, since he

        21       didn't answer the question yesterday, I asked

        22       him again.  And he went into a whole

        23       discussion concerning women and minority

        24       businesses, et cetera, et cetera, and how he

        25       felt.



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         1                  I said, "All I wanted to know, did

         2       you write it?"  "Well, I can't deny that I

         3       didn't" -- or "I can't deny that I did."

         4                  Now, that has nothing to do with

         5       diversity.  It has nothing to do with the

         6       color of somebody's skin or whether they're

         7       for one program or not.  It's just

         8       incomprehensible to me that if an article came

         9       out and there was a response by someone with

        10       your name, an unusual name, that you wouldn't

        11       recognize it or indicate that you signed that

        12       letter or that was your position.

        13                  To me, it boils down to simply

        14       that.  That is simply something that I don't

        15       believe was forthright, and that's not the

        16       type of person I would want on the Power

        17       Authority board.  That's the reason.  That's

        18       the simple reason.  And all of these other

        19       comments really have no bearing on my reason

        20       for voting no.

        21                  Thank you, Madam President.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Thank you, Senator.

        24                  Are there any other Senators

        25       wishing to be heard on the nominee?



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         1                  Hearing none, the question is on

         2       the motion to confirm Mark O'Luck, of New York

         3       City, as a trustee of the New York State Power

         4       Authority.  All those in favor signify by

         5       saying aye.

         6                  (Response of "Aye.")

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Opposed, nay.

         9                  (Response of "Nay.")

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       The nomination is confirmed.

        12                  (Applause.)

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       We will return to the other nominees.

        15                  As chair of the Dormitory

        16       Authority, Alfonso Linwood Carney, Jr., of

        17       New York City.

        18                  As a member of the Correction

        19       Medical Review Board, Scott S. Coyne, M.D., of

        20       Huntington.

        21                  As chairman of the State Board for

        22       Historic Preservation, Robert MacKay, of Cold

        23       Springs Harbor.

        24                  And as a member of the

        25       Saratoga-Capital District State Park,



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         1       Recreation and Historic Preservation

         2       Commission, Barbara Linell Glaser, of Saratoga

         3       Springs.

         4                  Are there any Senators wishing to

         5       speak on these nominees?

         6                  Hearing none, the question is on

         7       the motion to confirm the nominations.  All

         8       those in favor please signify 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 motion carries.  The nominees are

        15       confirmed.

        16                  Senator McDonald.

        17                  SENATOR McDONALD:    Yes, I would

        18       just like to congratulate Barbara Glaser, a

        19       wonderful outstanding citizen from my

        20       community in Saratoga, to be appointed to the

        21       Capital District-Saratoga State Park System

        22       board.

        23                  She's got a long history of caring

        24       a great deal about our community, and I think

        25       she'll be a wonderful board member.



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         1                  Thank you.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Thank you, Senator.

         4                  The motion carries, and the

         5       nominations are confirmed.

         6                  Returning to the order of business,

         7       reports of select committees.

         8                  Communications and reports from

         9       state officers.

        10                  Motions and resolutions.

        11                  Senator Klein.

        12                  SENATOR KLEIN:    Madam President,

        13       I believe there are substitutions at the desk.

        14       I ask that we make the substitutions at this

        15       time.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       The Secretary will read.

        18                  THE SECRETARY:    On page 22,

        19       Senator Valesky moves to discharge, from the

        20       Committee on Higher Education, Assembly Bill

        21       Number 9562 and substitute it for the

        22       identical Senate Bill Number 6461, Third

        23       Reading Calendar 394.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Substitution ordered.



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         1                  Senator Klein.

         2                  SENATOR KLEIN:    Madam President,

         3       I believe there's a resolution at the desk by

         4       Senator Serrano.  I ask that the resolution be

         5       read in its entirety and move for its

         6       immediate adoption.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Klein, has this resolution been deemed

         9       privileged and submitted by the office of the

        10       Temporary President?

        11                  SENATOR KLEIN:    Yes, it has,

        12       Madam President.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       The Secretary will read.

        15                  THE SECRETARY:    By Senator

        16       Serrano, legislative resolution honoring

        17       American novelist Harper Lee upon the occasion

        18       of her designation for special recognition to

        19       be celebrated April 28, 2010.

        20                  "WHEREAS, It is the sense of this

        21       Legislative Body to recognize and pay tribute

        22       to those exceptional journalists of this great

        23       Empire State who have distinguished themselves

        24       in their profession by entertaining us and

        25       enriching our lives with their creative



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         1       talents; and

         2                  "WHEREAS, Attendant to such

         3       concerns, and in full accord with its

         4       long-standing traditions, this Legislative

         5       Body is justly proud to honor American

         6       novelist Nelle Harper Lee upon the occasion of

         7       her designation for special recognition, and

         8       to wish her to a very happy 84th birthday on

         9       April 28, 2010; and

        10                  "WHEREAS, Born April 28, 1926, in

        11       Monroeville, Alabama, Nelle Harper Lee was the

        12       youngest of four children of Frances

        13       Cunningham Finch and Amasa Coleman Lee, a

        14       lawyer who served in the Alabama State

        15       Legislature for 12 years.  Both of her parents

        16       played important roles in the creation of

        17       Harper Lee's American classic To Kill A 

        18       Mockingbird; and

        19                  "WHEREAS, After attending the

        20       University of Alabama, Harper Lee moved to

        21       New York City in 1950 and worked as a

        22       reservations clerk with Eastern Airlines and

        23       BOAC.  After writing several long stories,

        24       Harper located an agent; and

        25                  "WHEREAS, For Christmas in 1956,



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         1       Harper Lee's friends gave her the gift of a

         2       year's wages to take leave from her job,

         3       allowing her to write full-time.  Within a

         4       year, she had the first draft of To Kill A 

         5       Mockingbird.  Subsequently, it was completed

         6       by the summer of 1959, and published in 1960;

         7       and

         8                  "WHEREAS, To Kill A Mockingbird was

         9       an immediate bestseller, and today there are

        10       more than 30 million copies in print.  In

        11       1961, Harper Lee received the Pulitzer Prize

        12       for Fiction.  And in 1999, the Library Journal

        13       voted To Kill A Mockingbird as the 'Best Novel

        14       of the Century.'  Harper Lee did not continue

        15       her career as a writer; and

        16                  "WHEREAS, After completing To Kill 

        17       A Mockingbird, Harper Lee accompanied her

        18       friend Truman Capote to Kansas, assisting him

        19       in what became another classic, In Cold Blood.

        20       Harper Lee continues to split her time between

        21       New York City and her sister's home in

        22       Alabama; and

        23                  "WHEREAS, in 1962, the screen

        24       adaptation of To Kill A Mockingbird, starring

        25       Gregory Peck as Atticus Finch, won an Academy



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         1       Award.  In 1966, Harper Lee was named by

         2       then-President Lyndon B. Johnson, to the

         3       National Council on the Arts.  In 2007, she

         4       was presented with the Presidential Medal of

         5       Freedom, the country's highest civilian award.

         6       She has also received many honorary degrees;

         7       and

         8                  "WHEREAS, It is with due cause and

         9       proper resolve that this Legislative Body,

        10       representing the people of the State of

        11       New York, pays just tribute to

        12       Pulitzer-Prize-winning novelist Harper Lee;

        13       now, therefore, be it

        14                  "RESOLVED, That this Legislative

        15       Body pause in its deliberations to honor

        16       Harper Lee upon the occasion of her

        17       designation for special recognition, lauding

        18       her contribution to American literature, and

        19       to express its heartfelt wishes for a very

        20       happy 84th birthday; and be it further

        21                  "RESOLVED, That a copy of this

        22       resolution, suitably engrossed, be transmitted

        23       to Harper Lee."

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Senator Serrano.



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         1                  SENATOR SERRANO:    Thank you,

         2       Madam President.

         3                  Very briefly, it's with great honor

         4       that I, as chair of the Committee on Cultural

         5       Affairs, speak about the life and legacy in

         6       honoring a great novelist from New York,

         7       Harper Lee.  We all know her book To Kill A 

         8       Mockingbird.  We all read it in grammar

         9       school.  And it's really no mystery why it is

        10       considered to be the greatest novel of the

        11       20th century.

        12                  And it was a very telling novel

        13       that spoke about the very real harshness of

        14       racial inequality in the South at that time.

        15       And I think it was something that the country

        16       appreciated and needed to read.

        17                  But I am also very excited about

        18       future generations of novelists who will be

        19       inspired by the work of Harper Lee that will

        20       bring forth the next wave of artists and

        21       novelists who, through their work, raise

        22       social awareness, raise the collective social

        23       conscience.

        24                  And we should feel very proud here

        25       in the State of New York to have such a wealth



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         1       of talent, such a wealth of artistic talent.

         2       And that's why, as chair of Cultural Affairs

         3       and as a lover of the arts, I feel it's very

         4       important that all of us promote and protect

         5       the cultural venues, the cultural institutions

         6       and organizations, art in education, so that

         7       we can continue to foster and allow to thrive

         8       the imaginative minds of our future artists

         9       and novelists.

        10                  Thank you, Madam President.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Thank you, Senator.

        13                  Are there any other Senators

        14       wishing to be heard on the resolution?

        15                  Senator Oppenheimer.

        16                  SENATOR OPPENHEIMER:    Yes, I just

        17       wanted to make one correction on my esteemed

        18       colleague's statement.  And Senator Serrano

        19       said that we read it in elementary school.

        20       And I can say, interestingly enough, I have

        21       reread it for the fifth time about a month and

        22       a half ago.

        23                  So I think it's something that

        24       continues to inspire and certainly has

        25       inspired me in the direction, the thinking



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         1       that was privy to her at that time.

         2                  And my only regret is that she

         3       never went on to write another novel, because

         4       she had such brilliance.  But maybe she summed

         5       it all up in that one novel.  And I would just

         6       tell everybody listening that it is something

         7       that will inspire you even at age whatever.

         8                  Thank you.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Thank you, Senator.

        11                  Are there any other Senators

        12       wishing to be heard on the resolution?

        13                  The question is on the resolution.

        14       All those in favor please signify by saying

        15       aye.

        16                  (Response of "Aye.")

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Opposed, nay.

        19                  (No response.)

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       The resolution is adopted.

        22                  Senator Serrano has indicated that

        23       he'd like to open up the resolution for

        24       cosponsorship by the entire house.  Any

        25       Senator not wishing to be on the resolution



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         1       please notify the desk.

         2                  Senator Klein.

         3                  SENATOR KLEIN:    Madam President,

         4       I believe there's a resolution at the desk by

         5       Senator Ruth Hassell-Thompson.  I ask that the

         6       resolution be read in its entirety, move for

         7       its immediate adoption, and would you please

         8       call on Senator Hassell-Thompson.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Senator Klein, has this resolution been deemed

        11       privileged and submitted by the office of the

        12       Temporary President?

        13                  SENATOR KLEIN:    Yes, it has,

        14       Madam President.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       The Secretary will read.

        17                  THE SECRETARY:    By Senator

        18       Hassell-Thompson, legislative resolution

        19       mourning the death of Dorothy Irene Height, a

        20       leader of the African-American and women's

        21       civil rights movements.

        22                  "WHEREAS, On Tuesday, April 20,

        23       2010, Dorothy Irene Height, a champion of

        24       women and minorities and president emerita of

        25       the National Council of Negro women, died at



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         1       the age of 98; and

         2                  "WHEREAS, Ms. Height had a career

         3       in civil rights that spanned nearly 80 years,

         4       from anti-lynching protests in the early 1930s

         5       to being an honored witness at the

         6       inauguration of President Barack Obama in

         7       2009.  He called her 'the godmother of the

         8       civil rights movement and hero to so many

         9       Americans'; and

        10                  "WHEREAS, Ms. Height regularly

        11       worked on projects of national significance

        12       alongside the 'Big Six' male civil rights

        13       leaders.  In 1963, she sat next to Dr. Martin

        14       Luther King, Jr., during his epochal 'I Have A

        15       Dream' speech at the March on Washington.  A

        16       prize-winning orator and one of the march's

        17       chief organizers, Ms. Height was not asked to

        18       speak that day, although many other leaders --

        19       all men -- addressed that day's crowd; and

        20                  "WHEREAS, A star scholar, Dorothy

        21       Height was accepted at Barnard College in

        22       1929, only to be told by the dean that she

        23       could not enroll that year because the quota

        24       for Negro students had already been met.  She

        25       earned a bachelor's degree in education and a



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         1       master's in psychology from New York

         2       University.  Seventy-five years after being

         3       turned away from Barnard, the college awarded

         4       Ms. Height its highest honor, the Barnard

         5       Medal of Distinction; and

         6                  "WHEREAS, After serving as a

         7       caseworker with the New York City Welfare

         8       Department, Dorothy Height became assistant

         9       executive director of the Harlem YWCA in the

        10       late 1930s, catching the attention of the

        11       international news media by speaking out

        12       against the 'slave markets' exploiting black

        13       women working as domestic day workers; and

        14                  "WHEREAS, At the age of 25,

        15       Ms. Height became a member of the National

        16       Council of Negro Women and served as its

        17       president from 1957 to 1997, overseeing

        18       programs ranging from voting rights to poverty

        19       and AIDS; and

        20                  "WHEREAS, In 1946, Dorothy Height

        21       oversaw the desegregation of the YWCA

        22       nationwide.  In 1965, she founded the Y's

        23       Center for Racial Justice, which she led until

        24       1977; and

        25                  "WHEREAS, From 1946 to 1957,



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         1       Ms. Height was the president of Delta Sigma

         2       Theta sorority, an international sorority of

         3       black women.  And, along with Gloria Steinem,

         4       Shirley Chisholm, Betty Friedan and others,

         5       Ms. Height founded the National Women's

         6       Political Caucus in 1971; and

         7                  "WHEREAS, In 1994, President Bill

         8       Clinton awarded Dorothy Height the

         9       Presidential Medal of Freedom.  In 2004, she

        10       was presented with the Congressional Gold

        11       Medal by President George W. Bush; and

        12                  "WHEREAS, Armed with a humanistic

        13       spirit, imbued with a sense of compassion, and

        14       comforted by a loving family, Dorothy Height

        15       leaves behind a legacy which will long endure

        16       the passage of time and will remain as a

        17       comforting memory to all she served and

        18       befriended; now, therefore, be it

        19                  "RESOLVED, That this Legislative

        20       Body pause in its deliberations to remember

        21       Dorothy Height as past president of the

        22       National Council of Negro Women, a founder of

        23       the National Women's Political Caucus, civil

        24       rights grande dame, presidential advisor and

        25       champion of the rights of women; and be it



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         1       further

         2                  "RESOLVED, That copies of this

         3       resolution, suitably engrossed, be transmitted

         4       to the National Council of Negro Women and to

         5       Dorothy Irene Height's sister, Anthanette

         6       Aldridge of New York City."

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Hassell-Thompson.

         9                  SENATOR HASSELL-THOMPSON:    Thank

        10       you, Madam President.  I appreciate the

        11       opportunity to speak on this resolution to

        12       Dorothy Height, who for all 98 years of her

        13       life was a leader.

        14                  Last September, at the Black

        15       Congressional Caucus, during that weekend she

        16       was celebrated by some of the top leaders

        17       across this country for her many years of

        18       service.

        19                  Besides the forty years that she

        20       served as president of the National Council of

        21       Negro Women, her years as founder and first

        22       leadership in the political process for women

        23       was outstanding.  She believed that there was

        24       nothing that women could not do.  And through

        25       her life's work, she demonstrated that fact.



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         1       But also, not only did she lead by example,

         2       but she opened doors and continued to ensure

         3       that whatever it was that women wanted to do,

         4       they could do.

         5                  You've heard in this resolution how

         6       she sat at the side of Dr. King during his

         7       speech and was a part of the planning

         8       committee that made that speech possible in

         9       Washington, D.C.  But also, I remember when

        10       she was able to acquire a facility in

        11       Washington, D.C., for the National Council of

        12       Negro Women, making it one of the first

        13       permanent residences for an organization, a

        14       civic organization of its type.

        15                  Her leadership will go down in not

        16       only the history of this chamber, but across

        17       this country women will be remembering the

        18       kind of stature that she represented.  And she

        19       had such an indomitable spirit, because at

        20       age 97 she sat in her wheelchair as straight

        21       as her body would allow.  And her mind was

        22       still -- even though her body was weak and

        23       failed her, her mind continued to function and

        24       her mind continued to be in the process of

        25       what is the next step that we must do.



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         1                  And so she carried a lot of us on

         2       her shoulders.  And I am so pleased that we

         3       have paused today in this assemblage to give

         4       honor to a woman who gave so much of her life

         5       to others and to thank her for opening the

         6       doors for women like me and others who choose

         7       to dare.

         8                  Thank you, Madam President.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Thank you, Senator.

        11                  Senator Parker.

        12                  SENATOR PARKER:    Thank you, Madam

        13       President.  On the resolution.

        14                  I really am just rising to add my

        15       voice to those who are remembering the life

        16       and legacy of Dorothy Irene Height.  There's

        17       really not, you know, enough time to really

        18       eulogize her in the way that she really ought

        19       to be.

        20                  Referred to oftentimes as the

        21       "godmother of the civil rights movement," to

        22       give 98 years of your life to other people is

        23       really a remarkable thing.  And particularly

        24       with the National Council of Negro Women,

        25       which was kind of the organization that she's



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         1       really most known for.  And even though she

         2       didn't found it, she really was the person who

         3       steered it for the vast majority of its

         4       existence.

         5                  I don't think many of us sitting in

         6       this chamber right now have an understanding

         7       of what it really meant, in the time that she

         8       was fighting not just for the rights of people

         9       of African descent but for women, to be doing

        10       that kind of work.

        11                  We stand here and very

        12       cavalierly -- and I look up at the

        13       African-American woman who is the Temporary

        14       President of the Senate, and knowing that that

        15       work and your presence is made possible by the

        16       work of people like Ms. Height.  And at a time

        17       when people were not really even talking about

        18       women's rights as much, let alone, you know,

        19       the rights of African-Americans.  And for her

        20       to bring black women to the fore the way that

        21       she did really has been a testament for the

        22       entire society.

        23                  Her work also, particularly with

        24       Delta Sigma Theta Sorority, where she was the

        25       president for a time -- also very critical,



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         1       because that was an organization that really

         2       provided a training ground for future

         3       generations of African-Americans, in

         4       particular women.

         5                  And I say African-Americans in

         6       general, because African women have always

         7       been the backbone and the stabilizing force in

         8       black families.  And so, you know, they say

         9       that, you know, an African proverb that the

        10       hand that rocks the cradle rules the nation.

        11       And in that way, her work with Delta Sigma

        12       Theta and training those hands that were

        13       rocking cradles was really critical for all of

        14       us.

        15                  Her work was around anti-lynching,

        16       around labor market discrimination, around

        17       anti-racism, around anti-misogyny,

        18       anti-sexism.  And again, I stand here, as I

        19       said last week, when we remembered the life of

        20       Benjamin Hooks, that all you can do is

        21       remember what they've done and rededicate your

        22       life to the kind of work, continue to pass the

        23       baton to the kind of work that they've done to

        24       make my presence here possible.

        25                  That so much we don't recognize all



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         1       of the things that are going on in terms of

         2       providing for our communities.  And so when we

         3       talk about here in the state a $136 billion

         4       budget, and you talk about upwards of

         5       $30 billion that is contracted out annually by

         6       the State of New York, and when you look at

         7       less than 2 percent of all of that money that

         8       is contracted out -- everything from toilet

         9       paper to lost construction projects in this

        10       state -- less than 2 percent goes to

        11       minorities and women, there's a lot of work

        12       that still needs to be done.

        13                  And so that we remember Dorothy

        14       Height not because of everything that she's

        15       done, but all the things that we must do to

        16       start to live up to her life and her legacy.

        17       That when we look at how hard it is just to

        18       get an African-American for the first time on

        19       the Power Authority board, we know that

        20       there's a lot of work to do.

        21                  But we know that even as people

        22       make excuses for justifiable reasons why, you

        23       know, we're holding up nominations, that we

        24       understand why it's happening.  Because

        25       there's billions of dollars in the Power



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         1       Authority, and we operate off of a context in

         2       which we think there's a fixed pie.  But the

         3       reality is there's more than enough, both in

         4       America and in the State of New York -- even

         5       in a recession -- for everyone.

         6                  And so everybody, as Dorothy Height

         7       would say, should be a part of that table.

         8       And I'm here to remember her legacy and to

         9       make sure that we have a place setting for

        10       everyone.

        11                  Thank you, Madam President.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Thank you, Senator Parker.

        14                  Senator Montgomery.

        15                  SENATOR MONTGOMERY:    Yes, Madam

        16       President.  I just rise to, one, thank my

        17       colleague Senator Hassell-Thompson for

        18       introducing this resolution in honor of

        19       Ms. Dorothy Height.

        20                  And I think we would be remiss not

        21       to recognize the two great organizations of

        22       women that have carried on her legacy, and

        23       that is the National Council of Negro Women in

        24       America and Delta Sigma Theta in America.  And

        25       I name those two organizations because it



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         1       means that Dorothy Height's spirit and what

         2       she represented to people in America will

         3       never die.

         4                  And just as recently as two

         5       weekends ago, I celebrated, with the Brooklyn

         6       Chapter of the National Council of Negro

         7       Women, their celebration of Harambee.  And it

         8       is an annual, for the last 25 years an annual

         9       event where they come together, put their

        10       funding, their funds together and honor,

        11       celebrate a group of young people and provide

        12       scholarships to help them with their

        13       education.  This is the tradition that she has

        14       left in Brooklyn and in cities across the

        15       country.

        16                  And so on behalf of all of those

        17       women and to all of those women, we join you

        18       in celebrating the spirit and the life and

        19       legacy of Dorothy Height.  And certainly I'm a

        20       member of the NCNW, the Brooklyn chapter,

        21       proudly.  I'm not a member of Delta Sigma

        22       Theta, but I have friends who are.  And I know

        23       that these are women who also carry out what

        24       Dorothy Height would want us to do, and that

        25       is to be responsible for the ongoing success



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         1       and progress of young people, especially young

         2       people of color, in America.

         3                  So I honor her, and I wish all of

         4       us an opportunity to get to know more about

         5       her and to also assume the responsibility that

         6       she left for us.

         7                  Thank you, Madam President.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Thank you, Senator Montgomery.

        10                  Are there any other Senators

        11       wishing to speak on the resolution?

        12                  The question is on the resolution.

        13       All those in favor please signify by saying

        14       aye.

        15                  (Response of "Aye.")

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Opposed, nay.

        18                  (No response.)

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The resolution is adopted.

        21                  Senator Hassell-Thompson has

        22       indicated that she would like to open up the

        23       resolution to cosponsorship by the entire

        24       house.  Any Senator not wishing to be on the

        25       resolution please notify the desk.



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         1                  Senator Klein.

         2                  SENATOR KLEIN:    Madam President,

         3       I believe there's a resolution at the desk by

         4       Senator Libous.  I ask that the title of the

         5       resolution be read and move for its immediate

         6       adoption.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Klein, has this resolution been deemed

         9       privileged and submitted by the office of the

        10       Temporary President?

        11                  SENATOR KLEIN:    Yes, it has,

        12       Madam President.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       The Secretary will read.

        15                  THE SECRETARY:    By Senator

        16       Libous, legislative resolution commending

        17       Frank Berrish upon the occasion of his

        18       designation as recipient of the 2010

        19       Baden-Powell Council Boy Scouts of America

        20       Distinguished Citizen of the Year Award.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       The question is on the resolution.  All those

        23       in favor please signify by saying aye.

        24                  (Response of "Aye.")

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Opposed, nay.

         2                  (No response.)

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       The resolution is adopted.

         5                  Senator Klein.

         6                  SENATOR KLEIN:    Madam President,

         7       I believe there's a resolution at the desk by

         8       Senator Alesi.  I ask that the title of the

         9       resolution be read and move for its immediate

        10       adoption.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Senator Klein, has this resolution been deemed

        13       privileged and submitted by the office of the

        14       Temporary President?

        15                  SENATOR KLEIN:    Yes, it has,

        16       Madam President.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       The Secretary will read.

        19                  THE SECRETARY:    By Senator Alesi,

        20       legislative resolution commending Murph

        21       Shapiro upon the occasion of his retirement

        22       after 41 years of distinguished service as

        23       Athletic Director, Head Coach and educator at

        24       Monroe Community College.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       The question is on the resolution.  All those

         2       in favor please signify by saying aye.

         3                  (Response of "Aye.")

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Opposed, nay.

         6                  (No response.)

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The resolution is adopted.

         9                  Senator Klein.

        10                  SENATOR KLEIN:    Madam President,

        11       at this time I move to adopt the Resolution

        12       Calendar in its entirety, with the exception

        13       of Senate Resolutions 4813, 4834, and 4906.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       All those in favor of adopting the Resolution

        16       Calendar in its entirety, with the exception

        17       of Senate Resolutions 4813, 4834, and 4906,

        18       please signify by saying aye.

        19                  (Response of "Aye.")

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Opposed, nay.

        22                  (No response.)

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       The Resolution Calendar is adopted.

        25                  Senator Klein.



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         1                  SENATOR KLEIN:    Madam President,

         2       at this time I move to take up Senate

         3       Resolution Number 4813, by Senator Parker.  I

         4       ask that the resolution be read in its

         5       entirety and move for its immediate adoption.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The Secretary will read.

         8                  THE SECRETARY:    By Senator

         9       Parker, Legislative Resolution Number 4813,

        10       memorializing Governor David A. Paterson to

        11       proclaim May 2010 as Celiac Disease Awareness

        12       Month in the State of New York.

        13                  "WHEREAS, It is the sense of this

        14       Legislative Body to memorialize Governor David

        15       A. Paterson to proclaim May 2010 as Celiac

        16       Disease Awareness Month in the State of

        17       New York; and

        18                  "WHEREAS, Celiac disease affects

        19       approximately one in every 130 people in the

        20       United States, for a total of 3 million

        21       people, including nearly 130,000 in New York

        22       State.  The majority of people with celiac

        23       disease have yet to be diagnosed; and

        24                  "WHEREAS, Celiac disease is an

        25       inherited autoimmune disease in which the



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         1       lining of the small intestine is damaged from

         2       eating gluten and other proteins found in

         3       wheat, barley, rye and possibly oats.  This

         4       particular condition results in overall

         5       malnutrition; and

         6                  "WHEREAS, Celiac disease is

         7       co-morbid with many autoimmune disorders,

         8       including thyroid disease, systemic lupus

         9       erythematosus, Type 1 diabetes, liver disease,

        10       collagen vascular disease, rheumatoid

        11       arthritis, and Sjogren's syndrome; and

        12                  "WHEREAS, The exact cause of celiac

        13       disease is unknown.  The intestines contain

        14       projections called villi which absorb

        15       nutrients, and in undiagnosed or untreated

        16       cases these villi become flattened, which

        17       affects the ability to absorb nutrients

        18       properly.  The disease can develop at any

        19       point in life, from infancy to late adulthood;

        20       and

        21                  "WHEREAS, For treatment, a lifelong

        22       gluten-free diet must be attained.  Foods,

        23       beverages, and medications that contain wheat,

        24       barley, rye and possibly oats must be

        25       eliminated in order for the intestinal villi



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         1       to heal; and

         2                  "WHEREAS, When untreated, celiac

         3       disease can cause life-threatening

         4       complications.  Ninety-seven percent of cases

         5       remain undiagnosed, and the average cost of an

         6       undiagnosed case is between $5,000 and $12,000

         7       per person.  Based on these estimates,

         8       undiagnosed celiac disease is conservatively

         9       costing New York State residents more than

        10       $725 million annually in unnecessary medical

        11       bills; and

        12                  "WHEREAS, delaying diagnosis or not

        13       following the diet puts one at risk for

        14       related conditions such as autoimmune

        15       disorders, certain types of intestinal cancer,

        16       fractures, infertility, miscarriage and

        17       osteoporosis; and

        18                  "WHEREAS, Through public awareness,

        19       this Legislative Body seeks to minimize the

        20       devastating affects of celiac disease among

        21       all the citizens of the State of New York;

        22       now, therefore, be it

        23                  "RESOLVED, That this Legislative

        24       Body pause in its deliberations to memorialize

        25       Governor David A. Paterson to proclaim



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         1       May 2010 as Celiac Disease Awareness Month in

         2       the State of New York; and be it further

         3                  "RESOLVED, That copies of this

         4       resolution, suitably engrossed, be transmitted

         5       to the Honorable David A. Paterson, Governor

         6       of the State of New York, the Greater New York

         7       City Celiac Support Group, NYCeliac, the

         8       New York Restaurant Association, the Celiac

         9       Disease Center at Columbia University, Sherry

        10       Lynn's Gluten Free Restaurant, Wheatfield's

        11       Restaurant, and the Celiac Disease

        12       Foundation."

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Parker.

        15                  SENATOR PARKER:    Thank you, Madam

        16       President.

        17                  This resolution shall declare

        18       May 2010 as Celiac Disease Awareness Month in

        19       the State of New York.  And really what I'm

        20       trying to do is seek to raise awareness around

        21       the devastating effects of celiac's disease.

        22       Celiac's disease is an autoimmune disease that

        23       affects those genetically predisposed of all

        24       ages, from infancy onward.  In the United

        25       States, one out of 130 people are affected by



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         1       this disease.

         2                  In New York State, there are nearly

         3       130,000 diagnosed cases of celiac's disease,

         4       yet many cases continue to go undiagnosed.

         5       According to NYCeliac, for people with

         6       celiac's disease, the immune system behaves

         7       abnormally when gluten is eaten.  Celiac's

         8       disease will cause nutritional deficiencies

         9       unless all gluten is eliminated from the diet

        10       and the digestive process damage is restored.

        11                  The indigestion of gluten can cause

        12       irreversible damage to the intestinal tract.

        13       Ninety-seven percent of the cases continue,

        14       again, to remain undiagnosed.

        15                  The average cost of the undiagnosed

        16       case is between $5,000 and $12,000 per case.

        17       So for the State of New York, celiac's disease

        18       is conservatively costing us approximately

        19       $725 million annually in medical expenses.  So

        20       there's really an economic impact,

        21       particularly now, on us not being aware of the

        22       disease.

        23                  I want to take a moment to read

        24       from a New York Times article dated August 15,

        25       2009, by Lesley Alderman.  And it's called



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         1       "The Expense of Eating with Celiac Disease."

         2                  "You would think that after Kelly

         3       Oram broke more than 10 bones and experienced

         4       chronic stomach problems for most of his life,

         5       someone might have wondered (a nurse? a

         6       doctor?) if something fundamental was wrong

         7       with his health.  But it wasn't until Mr. Oram

         8       was in his early 40s that a doctor who was

         9       treating him for a neck injury became

        10       suspicious and ordered tests, including a bone

        11       scan.

        12                  "It turned out that Mr. Oram, a

        13       music teacher who lives in White Plains, had

        14       celiac disease, an undiagnosed immune disorder

        15       set off by eating foods containing gluten, a

        16       protein found in wheat, rye and barley.

        17                  "Celiac disease damages the lining

        18       of the small intestine, making it difficult

        19       for the body to absorb nutrients.  Victims may

        20       suffer from mild to serious malnutrition and a

        21       host of health problems, including anemia, low

        22       bone density and infertility.  ...

        23                  "Seven years after receiving his

        24       diagnosis, Mr. Oram, who is married and has

        25       one daughter, is symptom-free, but the cost of



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         1       staying that way is high ...  The treatment is

         2       to avoid eating products containing gluten.

         3       And gluten-free versions of products like

         4       bread, pizza and crackers are nearly three

         5       time as expensive as regular products,

         6       according to a study conducted by the Celiac

         7       Disease Center at Columbia University.

         8                  "Unfortunately for celiac patients,

         9       the extra cost of a special diet is not

        10       reimbursed by health care plans.  Nor do most

        11       policies pay for trips to a dieticians to

        12       receive nutritional guidance.  ...

        13                  "Some doctors blame drug makers, in

        14       part, for the lack of awareness and the lack

        15       of support.  ...  'And since drug makers are

        16       responsible for so much of the education that

        17       doctors receive, the medical community is

        18       largely unaware of the disease.'"

        19                  Managing the disease is a hassle,

        20       but untreated celiac's disease can wreak havoc

        21       with your health.  A study published in the

        22       July issue of the Journal of Gastroenterology

        23       found that subjects who had undiagnosed celiac

        24       disease were nearly four times as likely to

        25       have died over a 45-year period than subjects



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         1       who were celiac-free.

         2                  So in conclusion, I really just

         3       want to make the point to my colleagues that

         4       we have an obligation to raise the public

         5       awareness around celiac's disease.  The

         6       effects of this devastating diagnosis often go

         7       undiagnosed, and we must work together to

         8       ensure that sufficient attention is paid to

         9       render support to those afflicted by this

        10       condition.

        11                  We can work collectively to improve

        12       the lives of those affected by celiac's

        13       disease not just here in the State of New

        14       York, but globally.  And I want to suggest

        15       that I'd like members of this body to become

        16       cosponsors of two pieces of legislation I

        17       have, one of which would require all of the

        18       cafeterias that are part of the State of

        19       New York to offer gluten-free menus, such

        20       that, you know, members of our staffs and

        21       people who work for the state who have

        22       celiac's disease wouldn't continue to be

        23       burdened.

        24                  The second would be a larger bill

        25       that would provide information to medical



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         1       schools and others around celiac's disease to,

         2       again, make sure that we're aware, and, more

         3       importantly, to make sure that people aren't

         4       going undiagnosed from this debilitating

         5       disease.

         6                  Thank you very much.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Thank you, Senator Parker.

         9                  Senator Breslin.

        10                  SENATOR BRESLIN:    Thank you,

        11       Madam President.

        12                  I commend Senator Parker for

        13       raising the awareness of celiac disease.

        14                  And I'd also like to just point out

        15       that with us today in the gallery is Sherry

        16       Lynn Birch, her husband, Howie, and their

        17       three children, Jordan, Dallas, and Dylan, who

        18       run Sherry Lynn's Gluten Free Bakery in

        19       Latham, New York.

        20                  So they've gotten the message.

        21       They're helping out in the fight against

        22       celiac disease.  And I hope many more realize

        23       the importance of fighting celiac disease in

        24       the future.

        25                  Thank you.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Thank you, Senator Breslin.

         3                  The question is on the adoption of

         4       the resolution.  All those in favor signify by

         5       saying aye.

         6                  (Response of "Aye.")

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Opposed, nay.

         9                  (No response.)

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       The resolution is adopted.

        12                  Senator Parker has indicated that

        13       he would like to open the resolution up for

        14       cosponsorship by the entire house.  Any

        15       Senator wishing not to be on the resolution

        16       should please come to the desk.

        17                  Senator Klein.

        18                  SENATOR KLEIN:    Madam President,

        19       at this time can we take up Senate Resolution

        20       Number 4834, by Senator Owen Johnson.  I ask

        21       that the resolution be read in its entirety

        22       and move for its immediate adoption and allow

        23       Senator Johnson to speak on his resolution.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       The Secretary will read.



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         1                  THE SECRETARY:    By Senator O.

         2       Johnson, Legislative Resolution Number 4834,

         3       commemorating the formation of the Cuban

         4       Giants, the first professional black baseball

         5       team, on April 18, 2010.

         6                  "WHEREAS, It is with noble

         7       admiration and pride that this Legislative

         8       Body joyfully pays just recognition to those

         9       respected athletes whose bravery, skill and

        10       quiescent dignity brought extraordinary

        11       humanity to both the game of baseball and

        12       society, contributing to the integration of

        13       that sport; and

        14                  "WHEREAS, Attendant to such

        15       concern, and in full accord with its

        16       long-standing traditions, this Legislative

        17       Body is justly proud to commemorate the

        18       formation of the Cuban Giants, the first

        19       professional black baseball team in the

        20       nation, which called Babylon Village, New

        21       York, its home; and

        22                  "WHEREAS, On Sunday, April 18,

        23       2010, the Babylon Village Historical and

        24       Preservation Society is holding a ceremony to

        25       recognize the Cuban Giants, one of the most



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         1       important and significant baseball teams in

         2       history.  A plaque will be placed in their

         3       honor on the grounds where the team first

         4       played at the Argyle Hotel in 1885; and

         5                  "WHEREAS, The Argyle Hotel once

         6       stood at the northwest corner of Argyle Lake,

         7       Babylon, and it was here that Frank P.

         8       Thompson worked as headwaiter and realized the

         9       interest local folks and resort-goers had in

        10       baseball; and

        11                  "WHEREAS, Assisted with financial

        12       backers, Frank P. Thompson recruited players

        13       from amateur teams based on their talent and

        14       ability and organized the first professional

        15       black baseball team, the Cuban Giants; and

        16                  "WHEREAS, By the fall of 1885, the

        17       club roster was filled, games were scheduled,

        18       and, just as Frank P. Thompson hoped, the

        19       Cuban Giants quickly established themselves by

        20       winning almost all of their reported games,

        21       mainly against either all-black or mixed-race

        22       clubs; and

        23                  "WHEREAS, In the fall, the Cuban

        24       Giants embarked on a road trip in the

        25       Northeast, peppering their schedule with games



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         1       against white major leaguers when they took on

         2       the New York Metropolitans and the

         3       Philadelphia Athletics of the American

         4       Association.  They lost both games in close

         5       battles, and the American Association was

         6       considered a stronger league than the newly

         7       formed National League; and

         8                  "WHEREAS, Undeterred, the Cuban

         9       Giants ended their tour victorious over the

        10       white Bridgeport club, a team that would win

        11       the Eastern League Championship that year.

        12       That winter they headed south to a warmer

        13       climate, playing baseball along the way; and

        14                  "WHEREAS, In 1886, Frank P.

        15       Thompson sold the team to Walter I. Cook, a

        16       successful businessman.  Under his esteemed

        17       leadership, the team enjoyed great achievement

        18       not only on the field but also off the field

        19       with an owner who elevated the dignity of the

        20       black athlete with not only decent salaries

        21       but benefits for those who suffered an illness

        22       or injury, something that was unheard of at

        23       that time; and

        24                  "WHEREAS, In 1887, the team was

        25       purchased by J.M. Bright, and it joined the



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         1       Middle States League in 1889.  Six years

         2       later, the Cuban Giants were purchased by E.B.

         3       Lamar, Jr., who renamed them the Cuban-X

         4       Giants.  For the next decade, they were one of

         5       the top black baseball teams in the country;

         6       and

         7                  "WHEREAS, It is the sense of this

         8       Legislative Body to commend those events and

         9       individuals of historical significance who

        10       have contributed to the richness and ethnic

        11       diversity of the history of New York State and

        12       our nation; now, therefore, be it

        13                  "RESOLVED, That this Legislative

        14       Body pause in its deliberations to commemorate

        15       the formation of the Cuban Giants, the first

        16       professional black baseball team; and be it

        17       further

        18                  "RESOLVED, That a copy of this

        19       resolution, suitably engrossed, be transmitted

        20       to the Babylon Village Historical and

        21       Preservation Society."

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Senator Johnson.

        24                  SENATOR OWEN JOHNSON:    Thank you,

        25       Madam President.



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         1                  In 1997, I introduced a resolution

         2       referring to Jackie Robinson as being the

         3       first black baseball player in the major

         4       leagues.  And I thought that was the beginning

         5       of the black baseball players, until the

         6       Babylon Village Historical Society dug up some

         7       references from 125 years ago where we had a

         8       black, all-black baseball team in the town of

         9       Babylon, in the village of Babylon.

        10                  In those years, Babylon was a

        11       resort for rich city people, and there were

        12       large hotels along the lakefront of Argyle

        13       Lake.  And many of the people working there

        14       used to go play ball in the local fields.  And

        15       some entrepreneur said, "Hey, these guys are

        16       good.  You know, we put them together, we'll

        17       have a team."

        18                  They weren't Cuban, but the first

        19       game they played was in Cuba, so they referred

        20       to them as the Cuban Giants.  They were all

        21       black Americans.  And they went all around the

        22       country playing ball and kicking a lot of butt

        23       along the way and making a great record for

        24       themselves.

        25                  Well, I just thought it was



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         1       appropriate, since the Village of Babylon

         2       Historical Society decided to put a monument

         3       up for them about 10 days ago, on the site of

         4       the original hotel where they played, and we

         5       had a big ceremony in the village

         6       commemorating that occasion, I thought I'd

         7       like to let the rest of the people in the

         8       State of New York know about it.

         9                  So I'm very proud and happy to

        10       introduce this resolution.

        11                  Thank you.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Thank you, Senator Johnson.

        14                  Are there any other Senators that

        15       wish to be heard on the resolution?

        16                  The question is on the resolution.

        17       All those in favor please signify by saying

        18       aye.

        19                  (Response of "Aye.")

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Opposed, nay.

        22                  (No response.)

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       The resolution is adopted.

        25                  Senator Johnson has indicated that



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         1       he would like to open the resolution up for

         2       cosponsorship by the entire house.  Any

         3       Senator wishing to not be on the resolution

         4       please notify the desk.

         5                  Senator Klein.

         6                  SENATOR KLEIN:    Madam President,

         7       we're going to continue with the Resolution

         8       Calendar while the Minority conferences.

         9                  Can you please recognize Senator

        10       Libous.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Senator Libous.

        13                  SENATOR LIBOUS:    Thank you, Madam

        14       President.

        15                  There will be an immediate

        16       Republican conference, an immediate Republican

        17       conference.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       There will be an immediate Republican

        20       conference.

        21                  SENATOR LIBOUS:    Thank you.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Senator Klein.

        24                  SENATOR KLEIN:    Madam President,

        25       at this time I move to take up Senate



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         1       Resolution 4906, by Senator Nozzolio.  I ask

         2       that the title of the resolution be read and

         3       move for its immediate adoption.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       The Secretary will read.

         6                  THE SECRETARY:    By Senator

         7       Nozzolio, Legislative Resolution Number 4906,

         8       honoring former United States Congressman and

         9       New York State Assemblyman Gary A. Lee upon

        10       the occasion of his designation as recipient

        11       of the prestigious Soaring Eagle Award on

        12       May 11, 2010.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Are there any Senators that wish to be heard

        15       on the resolution?

        16                  The question is on the resolution.

        17       All those in favor please signify by saying

        18       aye.

        19                  (Response of "Aye.")

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Opposed, nay.

        22                  (No response.)

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       The resolution is adopted.

        25                  Senator Nozzolio has indicated that



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         1       he would like to open the resolution up for

         2       cosponsorship by the entire house.  Any

         3       Senator wishing to not be on the resolution

         4       please notify the desk.

         5                  Senator Klein.

         6                  SENATOR KLEIN:    Madam President,

         7       at this time I move to recall Senate

         8       Resolution Number 4680, by Senator Valesky,

         9       which was unanimously adopted by this house on

        10       April 20th.  I ask that the resolution be read

        11       in its entirety and allow Senator Valesky to

        12       the opportunity to speak on his resolution.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       The Secretary will read.

        15                  THE SECRETARY:    By Senator

        16       Valesky, Legislative Resolution 4680, mourning

        17       the death of IBEW Local 43 Business Manager

        18       William C. Towsley of Syracuse, New York.

        19                  "WHEREAS, It is the custom this

        20       Legislative Body to pay tribute to citizens of

        21       the State of New York who distinguished

        22       themselves in service to the cause of working

        23       men and women; and

        24                  "WHEREAS, International Brotherhood

        25       of Electrical Workers Local 43 Business



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         1       Manager William C. 'Bill' Towsley of Syracuse,

         2       who died on Wednesday, March 10, 2010, at age

         3       66, was such a man; and

         4                  "WHEREAS, William C. Towsley was

         5       born in Syracuse, the son of Kenneth and Mary

         6       Towsley.  He was a graduate of Most Holy

         7       Rosary School and served in the U.S. Navy from

         8       1964 to 1968; and

         9                  "WHEREAS, The son of a pipefitter

        10       who worked on the Geddes Reservoir, William C.

        11       Towsley came to the labor movement naturally.

        12       He was an electrician and a member of the IBEW

        13       for 41 years; and

        14                  "WHEREAS, He had also served many

        15       years as president of the Central and Northern

        16       New York Building and Construction Trades

        17       Council, which currently represents 16,000

        18       workers and retirees; and

        19                  "WHEREAS, A passionate Central

        20       New York labor leader, William C. Towsley was

        21       a man of vision who had a genuine concern for

        22       workers and the Central New York community.

        23       He fought for minimum wage increases, for

        24       low-income housing stock in the area, and for

        25       many other things which might not directly



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         1       affect his membership but which he knew were

         2       good for the community; and

         3                  "WHEREAS, Known and admired as a

         4       man of integrity and dignity, William C.

         5       Towsley understood the needs of employers as

         6       well and worked effectively with business

         7       owners and leaders, earning their respect as

         8       well as that of his union members; and

         9                  "WHEREAS, William C. Towsley, in

        10       addition, worked tirelessly, generously

        11       sharing his time and vast expertise and

        12       experience on behalf of numerous community and

        13       charitable organizations.  He was a valued

        14       member of several boards, including those of

        15       the Hospice Foundation of Central New York,

        16       the Onondaga County Industrial Development

        17       Agency, the Central New York Building Trades

        18       Association, Onondaga Community College, and

        19       the Community General Hospital Foundation; and

        20                  "WHEREAS, William C. Towsley was

        21       predeceased by his wife, Noreen (Mullen)

        22       Towsley, and his two brothers, John and Thomas

        23       Towsley.  He is survived by his sons, Kenneth

        24       (Jennifer) and William of Syracuse; his

        25       daughters, Tracy (Nathaniel) Walker of



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         1       Syracuse and Jennifer (Jeremy) Mettler of

         2       Rochester; his grandchildren, Donovan, Colin,

         3       Patrick, Bella, and Andrew; several nieces and

         4       nephews, and a legion of friends; and

         5                  "WHEREAS, William C. Towsley

         6       contributed greatly to the cause of working

         7       men and women in Syracuse, Central New York,

         8       and throughout New York State, and leaves an

         9       inspiring legacy for others to follow; now,

        10       therefore, be it

        11                  "RESOLVED, That this Legislative

        12       Body pause in its deliberations to celebrate

        13       the life and accomplishments of William C.

        14       Towsley, recognizing his distinguished service

        15       to his profession and his community and

        16       expressing its deepest condolences to his

        17       family; and be it further

        18                  "RESOLVED, That copies of this

        19       resolution, suitably engrossed, be transmitted

        20       to the family of William C. Towsley."

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Senator Valesky.

        23                  SENATOR VALESKY:    Thank you,

        24       Madam President.

        25                  Madam President, each of us in our



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         1       lives and duties as elected officials have an

         2       opportunity to work very closely with many

         3       members of our communities and our district.

         4       And as part of that experience, we have the

         5       opportunity to work sometimes with some

         6       extraordinary men and women who really go

         7       above and beyond the call of duty, who truly

         8       make a difference in the lives of so many

         9       individuals.

        10                  I have had the chance over the last

        11       several years to work with one such

        12       individual.  Bill Towsley, who Syracuse and

        13       Central New York lost on March 10, 2010, was

        14       truly an extraordinary individual.

        15                  We are joined today in the gallery

        16       by four of his children -- his daughters,

        17       Tracy and Jennifer, his sons, Ken and Bill --

        18       and also by many members and friends of the

        19       International Brotherhood of Electrical

        20       Workers.  And each and every one of them know

        21       in their own personal way what a special

        22       person Bill Towsley was.

        23                  You heard in the resolution that

        24       was read that Bill dedicated some 41 years of

        25       his professional career to advancing the



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         1       causes and concerns and issues important to

         2       working men and women in Central New York,

         3       where he served as the business manager and

         4       later the president of the Central and

         5       Northern New York Building and Construction

         6       Trades Council.

         7                  We also heard of his selfless and

         8       tireless service on so many boards that did so

         9       much in Syracuse and Central New York, from

        10       the Hospice Foundation to the Onondaga County

        11       Industrial Development Agency to Onondaga

        12       Community College to the Community General

        13       Hospital Foundation.  And he gave of his

        14       himself and of his time and of his talents in

        15       so many other ways and through so many other

        16       organizations.

        17                  He was always one who stood for

        18       what he believed, stood up for what he

        19       believed in, and fought each and every day for

        20       the values that he held so dear and for which

        21       he taught you, I'm sure.

        22                  Sometimes we also learn an awful

        23       lot about a person in how they handle various

        24       struggles in their life.  And there are those

        25       who are called upon to go through a great



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         1       degree of struggle in their end of life.  Bill

         2       was asked to do that.  And Bill, each and

         3       every time I had the opportunity to see him or

         4       speak with him, showed the courage with which

         5       he carried himself through a very, very

         6       difficult period in his life.

         7                  I can remember one of the last

         8       times I saw him, in his office, he was telling

         9       me how he was in his office at 5:30 in the

        10       morning that morning, despite all of the

        11       treatments and everything else that he was

        12       enduring.

        13                  He was always someone who kept an

        14       incredible spirit about him through those

        15       challenges that he was asked to bear.  And we,

        16       each and every one of us, are a better person

        17       for having known and having worked with Bill

        18       Towsley.

        19                  Last week this Senate unanimously

        20       approved a resolution on behalf of the

        21       19.5 million New Yorkers that we represent,

        22       the 62 Senators here represent, expressing our

        23       sincere condolences on the loss of an

        24       extraordinary individual.  And today, please

        25       allow me to extend my personal condolences to



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         1       each and every one of you -- his sons, his

         2       daughters, his friends, his colleagues -- and

         3       know that your dad's life was one that touched

         4       so many individuals.

         5                  Thank you, Madam President.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Thank you, Senator.

         8                  Senator DeFrancisco.

         9                  SENATOR DeFRANCISCO:    First, I

        10       want to thank Senator Valesky for bringing to

        11       the floor this resolution last week.

        12                  I've known Bill for many, many

        13       years, through my political career.  And Dave

        14       Valesky is right; you meet few people that

        15       really are genuine people, people who are

        16       dedicated to a cause, dedicated to his or her

        17       family, and do what's right throughout their

        18       life.

        19                  In the resolution, it was mentioned

        20       that Bill was a person of integrity and

        21       dignity.  And that truly, truly sums up the

        22       type of man Bill was.

        23                  Another trademark that I

        24       particularly liked about Bill is that he said

        25       it like it was.  You rarely left a discussion



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         1       with Bill by wondering where he stood on an

         2       issue.

         3                  Sometimes we went head to head.  I

         4       remember one time there was this major

         5       construction project that was started about

         6       eight or nine years ago -- it's still going

         7       on -- that he chided me about my opposition

         8       and my concerns about that project.

         9                  Over the many years, we got closer

        10       on that issue.  And we, at the end of that

        11       issue -- well, it's never-ending -- but we saw

        12       eye to eye.  Always a person with an open

        13       mind, tell it like it is.

        14                  And, you know, I want to tell

        15       especially his children -- and I know his

        16       brothers in labor are here -- that the highest

        17       compliment I can give to a person is that he

        18       was a good man.  And that is truly the case

        19       with Bill Towsley.  And I was very honored to

        20       be able to work with him during the many years

        21       that he served the public.

        22                  And I extend my condolences as

        23       well.  He was a great man.  And I'm sure each

        24       of you are going to follow in his footprints

        25       with those same qualities that he gave



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         1       throughout his life.

         2                  Thank you.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Thank you, Senator.

         5                  Are there any other Senators who

         6       wish to be heard on this resolution?

         7                  The resolution was previously

         8       adopted, but we certainly extend our heartfelt

         9       condolences to this very, very great man and

        10       his family.

        11                  Thank you.  Could we rise for a

        12       moment -- we will rise for a moment of silence

        13       in memory of Mr. William Towsley.

        14                  (Whereupon, the assemblage

        15       respected a moment of silence.)

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Thank you.

        18                  Senator Klein.

        19                  SENATOR KLEIN:    Madam President,

        20       while we await the return of the Minority, can

        21       we please stand at ease.  But please, only

        22       10 minutes, so everyone stay near the chamber.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       The Senate will stand at ease for 10 minutes.

        25                  (Whereupon, the Senate stood at



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         1       ease at 5:18 p.m.)

         2                  (Whereupon, the Senate reconvened

         3       at 5:30 p.m.)

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Senator Klein.

         6                  SENATOR KLEIN:    Madam President,

         7       at this time can we please go to a reading of

         8       the calendar.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Thank you, Senator Klein.

        11                  The Secretary will read.

        12                  THE SECRETARY:    Calendar Number

        13       78, by Assemblymember Glick, Assembly Bill

        14       Number 2565, an act to amend the Social

        15       Services Law.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Call the roll.

        22                  SENATOR PADAVAN:    Madam

        23       President, what calendar number is this?

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       This is Calendar Number 78.



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         1                  Call the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Announce the results.

         5                  THE SECRETARY:    Those recorded in

         6       the negative are Senators DeFrancisco,

         7       Flanagan, Golden, Griffo, Larkin, Leibell,

         8       Libous, Little, Nozzolio, Padavan,

         9       Ranzenhofer, Seward, Skelos, Volker, Young.

        10       Also Senator Hannon.  Also Senator Saland.

        11       Also Senator Winner.  Also Senator Bonacic.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Announce the results.

        14                  THE SECRETARY:    Ayes, 42.  Nays,

        15       19.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       The bill is passed.

        18                  (Applause from the gallery.)

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The Secretary will continue to read.

        21                  THE SECRETARY:    Calendar Number

        22       173, by Senator Squadron, Senate Print 5992,

        23       an act to amend the Administrative Code of the

        24       City of New York.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Read the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect on the 120th day after

         4       it shall have become law.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Call the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Announce the results.

        10                  THE SECRETARY:    Those recorded in

        11       the negative are Senators DeFrancisco, Farley,

        12       Flanagan, Golden, Griffo, Hannon, Lanza,

        13       Larkin, LaValle, Little, Maziarz, Nozzolio,

        14       Ranzenhofer, Seward, Skelos, Winner and Young.

        15       Also Senator Bonacic.  Also Senator Libous.

        16       Also Senator Saland.  Also Senator Leibell.

        17       Also Senator O. Johnson.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Announce the results.

        20                  THE SECRETARY:    Ayes, 39.  Nays,

        21       22.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       The bill is passed.

        24                  The Secretary will continue to

        25       read.



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         1                  THE SECRETARY:    Calendar Number

         2       308, by Senator Thompson, Senate Print 3782A,

         3       an act to amend the Environmental Conservation

         4       Law.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Read the last section.

         7                  THE SECRETARY:    Section 5.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Call the roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Announce the results.

        14                  THE SECRETARY:    Those recorded in

        15       the negative:  Senator Lanza.

        16                  Ayes, 60.  Nays, 1.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       The bill is passed.

        19                  The Secretary will continue to

        20       read.

        21                  THE SECRETARY:    Calendar Number

        22       333, by Member of the Assembly Peralta,

        23       Assembly Bill Number 8613, an act to amend the

        24       Correction Law.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Read the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Call the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Announce the results.

         9                  THE SECRETARY:    To be recorded in

        10       the negative:  Senator DeFrancisco.

        11                  Ayes, 60.  Nays, 1.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       The bill is passed.

        14                  The Secretary will continue to

        15       read.

        16                  THE SECRETARY:    Calendar Number

        17       359, by Senator C. Johnson, Senate Print

        18       6231C, an act to amend the Alcoholic Beverage

        19       Control Law.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Read the last section.

        22                  THE SECRETARY:    Section 5.  This

        23       act shall take effect on the 60th day after it

        24       shall have become a law.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Call the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Senator Johnson, to explain his vote.

         5                  SENATOR CRAIG JOHNSON:    Thank you

         6       very much, Madam President.  To explain my

         7       vote, very quickly.

         8                  This bill will finally create a

         9       temporary retail permit when it comes to

        10       liquor licenses.  It really will help promote

        11       economic growth in New York State.  For far

        12       too long, the SLA has been dealing with a

        13       backlog.  And while there has been

        14       improvement, at the same time it just takes

        15       way too long for a lot of entrepreneurs who

        16       are looking to start a restaurant or a bar or

        17       any type of industry where liquor is involved,

        18       to get the necessary permit.

        19                  This will create a temporary permit

        20       that will allow them to get into business

        21       while working on the long-term licensing

        22       process.

        23                  First I want to thank the co-prime

        24       sponsors of this bill, Senator Betty Little

        25       and Senator Dave Valesky, the three of us



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         1       working together in a bipartisan way to make

         2       sure that this bill gets passed.

         3                  Senator Little has been working on

         4       this issue for a long time, and I thank you,

         5       Senator Little, for your guidance in this

         6       effort.

         7                  It's a good piece of legislation.

         8       It will really help small businesses all

         9       across New York State.  I'll be voting yes.

        10                  Thank you very much, Madam

        11       President.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Thank you.

        14                  Senator Little.

        15                  SENATOR LITTLE:    Thank you, Madam

        16       President.

        17                  And thank you, Senator Johnson,

        18       although I do have to say that I still think

        19       it would have been better as a Little-Johnson,

        20       but it's Johnson-Little, so -- and

        21       Johnson-Little-Valesky.

        22                  And this is something that I've

        23       worked on for a long time.  And this actual

        24       bill, its genesis was a meeting that we had

        25       the new commissioner, the new chairman of the



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         1       State Alcohol Board, Dennis Rosen, who has

         2       made a substantial difference in the licensing

         3       process that takes place.

         4                  We all know how important small

         5       business is to us, to our areas, to New York

         6       State.  And these restaurants and bars,

         7       taverns, facilities, delis, whatever, they are

         8       small business.  And by giving them this

         9       opportunity to apply for a temporary license

        10       while their license is under review is going

        11       to be very important and allows them to get

        12       into business a lot faster than they had been.

        13                  Although Chairman Rosen has done a

        14       great job in reducing the backlog, this will

        15       make it part of the State Liquor Authority law

        16       so that we will never have that kind of a

        17       backlog, we will always be able to help these

        18       small businesses get in operation much, much

        19       faster than they were able to in the past.

        20                  So thank you for your efforts on

        21       this, and thank you to everyone for your

        22       support of this bill.

        23                  And this bill does not affect

        24       New York City.  It's outside of New York City.

        25                  Thank you.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Senator Robach.

         3                  SENATOR ROBACH:    Yes, very

         4       quickly to explain my vote.

         5                  I would applaud everyone that

         6       worked on this historically.

         7                  The amount of frustration that I've

         8       had working on behalf constituents with the

         9       Liquor Authority has been monumental.  It's

        10       the only place I know left in New York where

        11       you're guilty till proven innocent.  I've had

        12       people waiting up to a year to get a liquor

        13       license, and the reason was because they

        14       didn't have any experience in the field.

        15                  To me, being able to get a

        16       temporary license -- or I would even go one

        17       step further and say, let's give them a

        18       license unless they have three violations or

        19       anything major and take it away -- makes all

        20       the sense in the world.  And this will impact

        21       in a positive way economic development.  It is

        22       very much needed.

        23                  Oftentimes in my city, Rochester,

        24       people buy the property because they have to,

        25       for timing, or take the business from another



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         1       individual and then have to wait for the

         2       Liquor Authority.  So you can imagine if you

         3       are paying rent on a building for upwards of

         4       seven, eight months with no income coming in.

         5       Pretty devastating.

         6                  So this is a good thing.  It will

         7       help businesses.  And we should keep going in

         8       that regard.  Happy to vote yes.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Senator Farley.

        11                  SENATOR FARLEY:    Yeah, I rise to

        12       support this bill.

        13                  I thank Senator Little, Senator

        14       Johnson for bringing this forward,

        15       particularly those of us that have an area

        16       that is in a resort area that has a short

        17       window.

        18                  These people buy an establishment,

        19       desperately hoping for a license.  They've

        20       invested all of their money.  They can't do

        21       any business.  And it really makes it possible

        22       for them to be able to survive.

        23                  And again, it's so very, very

        24       important.  And I know that I've had scores of

        25       occasions since I've been a Senator where



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         1       people have been frustrated by not being able

         2       to get a temporary license.  This is a good

         3       piece of legislation.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Are there any other Senators wishing to

         6       explain their vote?

         7                  Announce the results.

         8                  THE SECRETARY:    To be recorded in

         9       the negative:  Senators Diaz, Duane, and

        10       Padavan.

        11                  Ayes, 58.  Nays, 3.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       The bill is passed.

        14                  The Secretary will continue to

        15       read.

        16                  THE SECRETARY:    Calendar Number

        17       363, by Senator C. Johnson, Senate Print 7314,

        18       an act to amend the Alcoholic Beverage Control

        19       Law.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Read the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Call the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Announce the results.

         4                  THE SECRETARY:    Ayes, 61.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       The bill is passed.

         7                  The Secretary will continue to

         8       read.

         9                  THE SECRETARY:    Calendar Number

        10       385, by Senator Savino, Senate Print 7075, an

        11       act to amend the Civil Service Law.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        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       Announce the results.

        21                  THE SECRETARY:    Ayes, 61.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       The bill is passed.

        24                  The Secretary will continue to

        25       read.



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         1                  THE SECRETARY:    Calendar Number

         2       394, substituted earlier --

         3                  SENATOR KLEIN:    Lay the bill

         4       aside for the day.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       The bill is laid aside for the day.

         7                  Senator Klein, that completes the

         8       reading of the noncontroversial calendar.

         9                  Senator Klein.

        10                  SENATOR KLEIN:    Madam President,

        11       can you please recognize Senator Ruth

        12       Hassell-Thompson for a brief announcement.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Hassell-Thompson.

        15                  SENATOR HASSELL-THOMPSON:    Thank

        16       you, Madam President.

        17                  Immediately following session there

        18       will be a meeting of the Senate Majority in

        19       Room 332.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       There will an immediate meeting of the Senate

        22       Majority in Room 332 following session.

        23                  Senator Klein.

        24                  SENATOR KLEIN:    Madam President,

        25       I would like to remind my colleagues that



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         1       tomorrow is our annual celebration of West

         2       Point Day, and that in order to accommodate a

         3       very full and tight schedule, we'll begin

         4       tomorrow's session promptly at 11:00 a.m.

         5       Thank you.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Tomorrow is West Point Day, and we will be

         8       proceeding promptly at 11:00 a.m.

         9                  Senator Klein.

        10                  SENATOR KLEIN:    Madam President,

        11       is there any further business at the desk?

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Senator Klein, the desk is clear.

        14                  SENATOR KLEIN:    There being no

        15       further business, Madam President, I move that

        16       we adjourn until Wednesday, April 28th, at

        17       11:00 a.m.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       On motion, the Senate stands adjourned until

        20       Wednesday, April 28th, at 11:00 a.m.

        21                  (Whereupon, at 5:47 p.m., the

        22       Senate adjourned.)

        23

        24

        25



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