Regular Session - June 19, 2013
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 19, 2013
11 1:53 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR DIANE J. SAVINO, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT SAVINO: The
3 Senate will please come to order.
4 I ask everyone present to rise and
5 please repeat with me the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT SAVINO: Today's
9 invocation will be delivered by the Reverend
10 Peter G. Young, of the Mother Teresa Community
11 here in Albany.
12 FATHER YOUNG: Thank you, Senator.
13 Let us pray.
14 As the legislative session draws to
15 a close, we would like to honor all those men
16 and women from New York State who have made the
17 ultimate sacrifice in defense of our country.
18 For 54 years I have appreciated the
19 privilege of offering your invocations. And
20 now, returning from several leg operations, I
21 have asked friends to assist me in a chorus
22 support, to sing with you and join together in
23 the song: Michael Roche, Michael Doegan, and
24 Christopher Gil to sing "God Bless America," as
25 a tribute to those people and for our country
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1 and our Senate membership.
2 Amen.
3 (Whereupon, the guest chorus sang
4 "God Bless America.")
5 (Sustained applause.)
6 ACTING PRESIDENT SAVINO: The
7 reading of the Journal.
8 THE SECRETARY: In Senate,
9 Tuesday, June 18th, the Senate met pursuant to
10 adjournment. The Journal of Monday, June 17th,
11 was read and approved. On motion, Senate
12 adjourned.
13 ACTING PRESIDENT SAVINO: Without
14 objection, the Journal stands approved as read.
15 Presentation of petitions.
16 Messages from the Assembly.
17 Messages from the Governor.
18 Reports of standing committees.
19 Reports of select committees.
20 Communications and reports from
21 state officers.
22 Motions and resolutions.
23 Senator Libous.
24 SENATOR LIBOUS: Madam President,
25 I believe, if you call on Senator Gianaris, he
3767
1 has a motion.
2 ACTING PRESIDENT SAVINO: Senator
3 Gianaris.
4 SENATOR GIANARIS: Thank you,
5 Madam President.
6 On behalf of Senator Espaillat, I
7 move to amend Senate Bill 1743B by striking out
8 the amendments made on June 18th and restoring
9 it to its previous print, 1743A.
10 ACTING PRESIDENT SAVINO: So
11 ordered.
12 SENATOR GIANARIS: And on behalf
13 of Senator Stavisky, I move that the following
14 bill be discharged from its respective committee
15 and be recommitted with instructions to strike
16 the enacting clause: Senate Print 628.
17 ACTING PRESIDENT SAVINO: So
18 ordered.
19 Senator Libous.
20 SENATOR LIBOUS: Thank you, Madam
21 President.
22 On behalf of Senator Grisanti, on
23 page 24 I offer the following amendments to
24 Calendar Number 821, Senate Print 5054, and ask
25 that said bill retain its place on the Third
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1 Reading Calendar.
2 ACTING PRESIDENT SAVINO: The
3 amendments are accepted, and the bill will retain
4 its place on the Third Reading Calendar.
5 SENATOR LIBOUS: Madam President,
6 at this time could we take up a previously
7 adopted resolution by Senator Tkaczyk, and it's
8 Number 3136. Read the title and call on the
9 Senator, please.
10 ACTING PRESIDENT SAVINO: The
11 Secretary will read.
12 THE SECRETARY: Legislative
13 Resolution Number 3136, by Senator Tkaczyk,
14 honoring the Hunter-Tannersville Central School
15 District Odyssey of the Mind Team on being named
16 2013 World Champions.
17 ACTING PRESIDENT SAVINO: Senator
18 Tkaczyk on the resolution.
19 SENATOR TKACZYK: Thank you, Madam
20 President.
21 I rise to welcome the 2013 World
22 Champions to the Senate floor.
23 This is a team from
24 Hunter-Tannersville Central School District, and
25 the team members are here with us today: Troy
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1 Bates, William Garrison, Neal Statts, Dylan Endy
2 and Emily Farrell, along with their coaches Rich
3 and Dawn Outtrim.
4 I really want people to understand,
5 these are the Odyssey of the Mind world
6 champions. And not only is this extraordinary in
7 and of itself, Hunter-Tannersville Central School
8 District is one of the smallest schools in my
9 Senate district. They're on the top of Hunter
10 Mountain, and they have 375 kids in their school,
11 K through 12. Their senior class is less than
12 40 members.
13 I was an Odyssey of the Mind coach
14 when I coached my son's team, so I know how much
15 time and dedication this competition requires.
16 Winning the World Finals is a remarkable
17 achievement.
18 The competition teaches students
19 cooperation, respect for ideas of others, how to
20 work together -- skills that will stay with them
21 for a lifetime. It also teaches students to
22 learn creative problem-solving methods and
23 rewards thinking that is outside the box.
24 This team went to Michigan State
25 University on May 22-25 to compete in the World
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1 Finals competition. Before they got there,
2 though, they had to compete and win in their
3 regional competition against six other teams.
4 They then competed in the state competition
5 against 14 other teams.
6 They went as representatives of
7 New York State to the world competition and
8 competed against and defeated 47 teams in the
9 World Finals, 39 from the U.S. as well as teams
10 from Singapore, South Korea, Mexico, and Poland.
11 This is an incredibly remarkable accomplishment
12 for this team. Most of them are seniors who are
13 going off to college. But what they accomplished
14 could not have been done without the dedication
15 of their coaches, Rich and Dawn Outtrim. This is
16 not the first Odyssey of the Mind team they've
17 coached, nor, I expect, will it be the last.
18 And I know that their parents are
19 also here, and what they accomplished could not
20 have been done without the support of their
21 parents.
22 I know the people of
23 Hunter-Tannersville Central School District,
24 Greene County, and the State of New York are very
25 proud of this team for their great achievement,
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1 and I ask you all to join me in welcoming and
2 congratulating them.
3 Thank you.
4 (Standing ovation.)
5 ACTING PRESIDENT SAVINO: This
6 resolution was previously adopted on June 4th.
7 And we welcome the
8 Hunter-Tannersville Central School District
9 Odyssey of the Mind Team and congratulate you on
10 being named 2013 World Champions.
11 Senator Libous.
12 SENATOR LIBOUS: Thank you, Madam
13 President.
14 There will be an immediate meeting
15 of the Energy Committee in Room 332, an immediate
16 meeting of the Energy Committee in Room 332. And
17 then we will stand at ease.
18 ACTING PRESIDENT SAVINO: There
19 will be an immediate meeting of the Energy and
20 Telecommunications Committee in Room 332.
21 Until then, the Senate will stand at
22 ease.
23 (Whereupon, the Senate stood at ease
24 at 2:02 p.m.)
25 (Whereupon, the Senate reconvened at
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1 2:49 p.m.)
2 SENATOR LIBOUS: Madam President.
3 ACTING PRESIDENT SAVINO: Senator
4 Libous.
5 SENATOR LIBOUS: There will be an
6 immediate meeting of the Finance Committee in
7 Room 332, an immediate meeting of the Finance
8 Committee in Room 332.
9 ACTING PRESIDENT SAVINO: There
10 will be an immediate meeting of the Finance
11 Committee in Room 332.
12 The Senate will stand at ease.
13 (Whereupon, the Senate stood at ease
14 at 2:50 p.m.)
15 (Whereupon, the Senate reconvened at
16 4:09 p.m.)
17 ACTING PRESIDENT SAVINO: Senator
18 Libous.
19 SENATOR LIBOUS: Madam President,
20 can we go to reports of standing companies. I
21 believe there's a report of the Finance Committee
22 at the desk.
23 ACTING PRESIDENT SAVINO: Reports
24 of standing committees.
25 The Secretary will read the report
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1 of the Finance Committee.
2 THE SECRETARY: Senator
3 DeFrancisco, from the Committee on Finance,
4 reports the following nomination.
5 As commissioner of the Office of
6 Temporary and Disability Assistance, Kristin M.
7 Proud, of Loudonville.
8 ACTING PRESIDENT SAVINO: Senator
9 DeFrancisco.
10 SENATOR DeFRANCISCO: Yes, thank
11 you, Madam President.
12 I proudly, I proudly move the
13 nomination of Kristin M. Proud for commissioner
14 of the Office of Temporary and Disability
15 Assistance.
16 There was a lot of discussion in the
17 Senate Finance Committee, all extremely positive,
18 about this nominee. And we're just very pleased
19 that she's willing to take on this new position,
20 because we know she's going to serve the State of
21 New York well.
22 And I'd ask to move this nomination.
23 ACTING PRESIDENT SAVINO: Senator
24 Farley on the nomination.
25 SENATOR FARLEY: Yes, thank you,
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1 Madam President.
2 I'm very pleased to rise to support
3 and second the nomination of Kristin Proud.
4 Let me just say something. She's a
5 graduate of the State University of Albany, the
6 School of Business, where I taught for many
7 years, and was one of the most brilliant students
8 they ever had there, graduated summa cum laude.
9 And you know, she not only has been
10 a product of this Senate, she's been a product of
11 the Assembly, was a giant over in the Ways and
12 Means Committee, was described by some of the
13 other members of this body as one of the most
14 gifted people that ever served in the Assembly
15 staff.
16 And you know, Kristin, we are so
17 fortunate to have somebody of this talent and
18 ability to literally take a pay cut to serve as
19 commissioner. You know, the Governor is
20 fortunate to be able to get people like this to
21 serve because their salaries are frozen and so
22 forth. And I know Senator DeFrancisco has
23 legislation to help these commissioners to at
24 least make more than the people that are working
25 for them.
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1 And, Kristin, we are so fortunate to
2 have you serving our State of New York. You have
3 been described by another member, I think Madam
4 President said that Senator Klein said you were
5 the smartest woman he ever knew. And I think
6 that's quite a compliment too, because he's known
7 a lot of smart women.
8 My colleagues, I urge the support of
9 this outstanding nominee because we're very
10 fortunate to have her in a position that is very,
11 very important.
12 The best of luck to you, Kristin.
13 ACTING PRESIDENT SAVINO: Senator
14 Gianaris on the nomination.
15 SENATOR GIANARIS: Thank you, Madam
16 President.
17 I want to add my words of support to
18 Kristin Proud. She and I have known each other
19 almost two decades, when I worked in the
20 Assembly, when she was one of the giants of Ways
21 and Means that Senator Farley referred to and I
22 was a counsel on the staff.
23 And this will be one of those
24 moments when I agree with Senator Klein: She is
25 not only one of the smartest women I have ever
3776
1 known, but one of the smartest individuals of any
2 gender that I have known.
3 And I'm sure she's going to do an
4 incredible job as the commissioner and, in the
5 future, whatever other major responsibilities she
6 undertakes. So I'm happy to encourage my
7 colleagues to vote in support of this nomination.
8 ACTING PRESIDENT SAVINO: Thank
9 you, Senator Gianaris.
10 Are there any other members wishing
11 to be heard on the nomination?
12 Seeing none, the question is on the
13 nomination of Kristin M. Proud, of Loudonville,
14 to be the commissioner of the Office of Temporary
15 and Disability Assistance. All those in favor
16 signify by saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT SAVINO: Opposed,
19 nay.
20 (No response.)
21 ACTING PRESIDENT SAVINO: The ayes
22 have it.
23 Congratulations, Kristin Proud.
24 (Standing ovation.)
25 ACTING PRESIDENT SAVINO: The
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1 Secretary will read.
2 THE SECRETARY: As member and chair
3 of the State Board of Parole, Tina Marie
4 Stanford, of Saratoga Springs.
5 ACTING PRESIDENT SAVINO: Senator
6 DeFrancisco.
7 SENATOR DeFRANCISCO: Yes, I move
8 the nomination of Tina Marie Stanford, of
9 Saratoga Springs, as a member and chair of the
10 State Board of Parole.
11 And I just want to speak generally
12 about the rest of the members of the Board of
13 Parole that we'll be dealing with very shortly,
14 that this is truly a great cross-section of
15 New Yorkers. Too many people from Buffalo, but a
16 great cross-section of Central New Yorkers.
17 (Laughter.)
18 SENATOR DeFRANCISCO: And of
19 diverse backgrounds, ethnic backgrounds, but
20 experience, diverse experience, from a Secret
21 Service agent to a former New York City
22 detective. I mean, this is a group that I can't
23 wait till they have their Parole Board parties,
24 because I want to talk to all of them over a
25 beer.
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1 A very interesting, very great group
2 that we have here, and we compliment the
3 Governor.
4 So back to business, I do move the
5 nomination.
6 ACTING PRESIDENT SAVINO: Senator
7 Gallivan on the nomination.
8 SENATOR GALLIVAN: Thank you, Madam
9 President.
10 I stand to support the nomination of
11 Tina Stanford for the chairwoman of the Board of
12 Parole.
13 I first met Tina back in the Erie
14 County days, Buffalo of course being the center
15 when she was in the DA's office, but have had a
16 long-standing relationship. Most recently she
17 was the chair of the New York State Office of
18 Victims Services, did an outstanding job there
19 and worked with our committee. And I look
20 forward to working with her in this capacity.
21 And I also would like to speak in
22 general terms about the next six nominees that
23 will be placed before the body as members of the
24 Parole Board.
25 Three are reappointments who I had
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1 the privilege of working with -- and I think
2 their renomination or reappointment by the
3 Governor speaks volumes for their professionalism
4 and their abilities -- and three new nominees.
5 When combined, the depth and breadth of
6 experience is really incredible.
7 Senator DeFrancisco always says
8 this, but I'll say it for him this time: Again,
9 impressed by the Governor's nominees and the
10 quality of people that they've brought before
11 us. And I think it will bode well for the Board
12 of Parole and, of course, the state.
13 So I will in advance second all
14 their nominations.
15 Thank you.
16 ACTING PRESIDENT SAVINO: Senator
17 Hassell-Thompson on the nomination.
18 SENATOR HASSELL-THOMPSON: Thank
19 you, Madam President.
20 I rise to echo -- and I very rarely
21 echo anything that Senator DeFrancisco says. But
22 today I do have to agree with him. I have to
23 agree with him that the Governor has made a
24 phenomenal choice not only in our chairwoman Tina
25 Stanford, but also in each of the appointees.
3780
1 I think it's important for me to
2 stand here and make these comments because last
3 year I'm sure that everybody is well aware of my
4 displeasure with the Governor's failure to
5 appoint anyone to this board of color,
6 particularly with the number of inmates who
7 represent disproportionately the numbers of
8 people who are of black and Latino descent.
9 And so from that perspective I was
10 more than gratified to see that this year the
11 appointees not only met my expectations but
12 exceeded them. And as each of people who have
13 spoken have said today, it was a pleasure to sit
14 this morning and to listen to each of them talk
15 about themselves but, more importantly, to look
16 at the resume and the lifework that each of them
17 has contributed to doing public service for the
18 State of New York and their desire to continue to
19 do so.
20 And so therefore it gives me great
21 pleasure to support the names of nominees for
22 today for the Board of Parole and thank the
23 Governor for a very thoughtful and meaningful
24 selection of people to serve.
25 Thank you, Madam President.
3781
1 ACTING PRESIDENT SAVINO: Senator
2 Marchione on the nomination.
3 SENATOR MARCHIONE: Thank you.
4 I just wanted to rise to
5 congratulate Tina Marie Stanford of Saratoga
6 Springs. I have the good fortune of representing
7 Saratoga Springs and wanted to personally
8 congratulate her and wish her well in her new
9 appointment.
10 In addition, the members of the
11 state board, I do know personally one of those
12 members and know how good she is in serving, one
13 who is being reappointed at this time. So
14 congratulations to each and every one of them.
15 They are good, good selections.
16 ACTING PRESIDENT SAVINO: Senator
17 Nozzolio on the nomination.
18 SENATOR NOZZOLIO: Thank you, Madam
19 President and my colleagues.
20 I rise with great enthusiasm to echo
21 the comments of those who spoke on behalf of Tina
22 Marie Stanford to be the new chairman of the
23 Parole Board.
24 I also wish to associate myself with
25 the remarks of Senator Gallivan and Senator
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1 Hassell-Thompson on the quality of service that
2 the Parole Board members as a rule and as a body
3 have experienced. And many of them were
4 confirmed a number of years ago when I was the
5 chair of the Senate Committee on Crime Victims,
6 Crime and Corrections. To see reappointments on
7 the Parole Board of people who have done a very
8 good job -- in many cases, an outstanding job --
9 is very, very good to see.
10 I rise specifically to congratulate
11 chairman Stanford on her appointment to be
12 chairman of the New York State Board of Parole.
13 That she was also confirmed in the past by the
14 Crime Victims, Crime and Corrections Committee in
15 the capacity of heading up the Victims Services
16 Unit, then called the Crime Victims Board.
17 The board is a very important group
18 enterprise in terms of ensuring that crime
19 victims are given their appropriate support and
20 considerations, and that for many years always
21 struggled with the fact that there were
22 backlogs.
23 And that I'm very pleased to say
24 that under the chairmanship of Tina Stanford, the
25 board had no backlogs, virtually none. And that
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1 provided justice, because otherwise justice
2 delayed would be justice denied.
3 So we very much appreciate the
4 skill, the administrative ability, the leadership
5 that the nominee now to the Parole Board had
6 already brought to the criminal justice process
7 at the state level in her responsibilities to
8 help crime victims and as chair of the Crime
9 Victims Board.
10 And now to be chairman of the Parole
11 Board, bringing that experience as well as a
12 number of criminal justice experiences, including
13 being a former prosecutor, I think is a great
14 combination. A person with ability, with talent,
15 with professionalism, and with class is what
16 Governor Cuomo has nominated, and I am very
17 appreciative of Governor Cuomo making this
18 appointment, making this nomination.
19 And that I'm also pleased to be
20 standing here before you, Madam Chair and my
21 colleagues, to wholeheartedly, enthusiastically
22 support the nomination.
23 ACTING PRESIDENT SAVINO: Are there
24 any other members wishing to be heard on the
25 nomination?
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1 Seeing none, the question is on the
2 nomination of Tina Marie Stanford, of Saratoga
3 Springs, as a member and chair of the state Board
4 of Parole.
5 All those in favor signify by saying
6 aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT SAVINO: Opposed,
9 nay.
10 (No response.)
11 ACTING PRESIDENT SAVINO: The
12 nomination is approved.
13 Congratulations to Tina Marie
14 Stanford, chair of the State Board of Parole.
15 (Standing ovation.)
16 ACTING PRESIDENT SAVINO: The
17 Secretary will read.
18 THE SECRETARY: As members of the
19 State Board of Parole: Lisa Beth Elovich, of
20 Rensselaer; Gail I. Hallerdin, of Jamaica; Milton
21 D. Johnson III, of Hopewell Junction; Julie A.
22 Smith, of Batavia; Walter William Smith, Jr., of
23 Clarence Center; and Sally A. Thompson, of
24 Putnam Valley.
25 ACTING PRESIDENT SAVINO: Senator
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1 DeFrancisco.
2 SENATOR DeFRANCISCO: I move each
3 of the nominations for the reasons I set forth
4 earlier.
5 They were all unanimously approved
6 in our committee, and they're great appointments.
7 ACTING PRESIDENT SAVINO: Thank
8 you.
9 Senator Maziarz on the nominations.
10 SENATOR MAZIARZ: Thank you very
11 much, Madam President.
12 I was at the Crime Victims, Crime
13 and Corrections meeting today and was most
14 impressed with these candidates.
15 I specifically want to point out my
16 good friend Bill Smith from Western New York.
17 When the Governor wants talent and intelligence,
18 he goes to Buffalo. That was for Senator
19 DeFrancisco's comment.
20 (Laughter.)
21 SENATOR MAZIARZ: But I do want to
22 just say that Bill Smith has been a member of the
23 Board of Parole for several years now, since
24 1996. He's done an excellent job, and it's a
25 great reappointment.
3786
1 Congratulations, Bill.
2 ACTING PRESIDENT SAVINO: Thank
3 you.
4 Senator Ranzenhofer on the
5 nominations.
6 SENATOR RANZENHOFER: Thank you.
7 I'd also like to commend the
8 Governor on his very good selection and
9 cross-selection of reappointments and
10 appointments to the board. It represents great
11 diversity, not only in gender, geographic area --
12 although I will concur that many of them are from
13 Western New York.
14 Two of them I would like to comment
15 on particularly, and not related to each other,
16 but one is Bill Smith and the other is Julie
17 Smith.
18 Julie Smith has been the director of
19 probation for over 20 years in Genesee County,
20 and she had a very wide and broad breadth of
21 experience. She also has the disposition, the
22 training, the education and the experience and
23 has been through a very long two-year process for
24 this day to finally come.
25 I think the community will be very
3787
1 well served by her nomination, and I think she'll
2 do great work for the Parole Board and for the
3 people of the State of New York.
4 I'd like to echo Senator Maziarz's
5 comments with respect to Bill Smith, the most
6 experienced member of the board. I think the
7 Governor was wise in reappointing him. He's been
8 reappointed by a number of governors, and I think
9 that is because of his experience, his training,
10 but most importantly his disposition and
11 temperament as he deals with those very, very
12 sensitive issues that come before the Parole
13 Board.
14 I just wanted to comment on those
15 two. I think our community will be very well
16 served by all of them, but especially the two
17 that I happen to know and from my area.
18 Thank you, Madam President.
19 ACTING PRESIDENT SAVINO: Thank
20 you.
21 Senator Farley on the nominations.
22 SENATOR FARLEY: Yes, I'd like to
23 speak that all of these nominees are eminently
24 qualified.
25 I just want to pay attention to one
3788
1 nominee, Lisa Elovich, who I've known. A
2 brilliant prosecutor and lawyer that is a
3 reappointment, has done a great job. She also
4 has another facet. She was an outstanding
5 promoter of boxing, many matches of which I went
6 to and enjoyed. Lisa is a multi-talented woman
7 and one that we're very lucky to have as a member
8 of the Parole Board.
9 And, Lisa, I wish you well in your
10 new term, and best wishes.
11 ACTING PRESIDENT SAVINO: Thank
12 you.
13 Are there any other members wishing
14 to be heard on the nominations?
15 Seeing none, the question is on the
16 nominations of the members that have been read by
17 the Secretary. All those in favor signify by
18 saying aye.
19 (Response of "Aye.")
20 ACTING PRESIDENT SAVINO: Opposed,
21 nay.
22 (No response.)
23 ACTING PRESIDENT SAVINO: The
24 nominations have been approved.
25 Congratulations to Lisa Beth
3789
1 Elovich, Gail I. Hallerdin, Milton D. Johnson
2 III, Julie A. Smith, Walter William Smith, Jr.,
3 and Sally A. Thompson. Congratulations.
4 (Standing ovation.)
5 ACTING PRESIDENT SAVINO: Senator
6 DeFrancisco.
7 SENATOR DeFRANCISCO: Yes, the next
8 group of nominees that will be read in a moment
9 is about two and a half pages long. And in the
10 interests of time, without objection, we would
11 like to have them all read. And if anyone wants
12 to comment on any specific nominee, none of whom
13 had to appear, and none of them are here, if
14 they'd save their remarks to the end.
15 Thank you.
16 ACTING PRESIDENT SAVINO: The
17 Secretary will read.
18 THE SECRETARY: As member and chair
19 of the New York State Energy Research and
20 Development Authority, Richard L. Kauffman, of
21 New York.
22 As member and chairman of the State
23 Board for Historic Preservation, Robert B.
24 MacKay, Ph.D., of Cold Spring Harbor.
25 As director and chair of the
3790
1 New York State Convention Center Operating
2 Corporation, Henry R. Silverman, of New York.
3 As member and chair of the
4 Adirondack Park Agency, Leilani Crafts Ulrich, of
5 Old Forge.
6 As member of the Great Lakes
7 Protection Fund, Vita DeMarchi, of Manlius.
8 As member of the Citizens Policy and
9 Complaint Review Council, Nicholas A. LaBella, of
10 New Hartford.
11 As trustee of the New York Power
12 Authority, Eugene L. Nicandri, of Massena.
13 As member of the New York State
14 Housing Finance Agency, Joyce L. Miller, of
15 New York.
16 As member and chair of the Dormitory
17 Authority of the State of New York, Alfonso L.
18 Carney, Jr., of New York.
19 As director of the New York State
20 Environmental Facilities Corporation, Charles J.
21 Kruzansky, of Voorheesville.
22 As commissioner of the Tax Appeals
23 Tribunal, Roberta Moseley Nero, of Hudson.
24 As member of the State Park,
25 Recreation and Historic Preservation Commission
3791
1 for the City of New York, Leisle Lin, of
2 New York.
3 As member of the Niagara Frontier
4 State Park, Recreation and Historic Preservation
5 Commission, Thomas J. Yots, of Buffalo.
6 As member and chairman of the
7 Genesee State Park, Recreation and Historic
8 Preservation Commission, Peter G. Humphrey, of
9 Scottsville.
10 As member of the Allegany State
11 Park, Recreation and Historic Preservation
12 Commission, Michael K. Lyons, of Bemus Point.
13 As members of the Dormitory
14 Authority of the State of New York: John B.
15 Johnson, Jr., of Watertown, and Beryl L. Snyder,
16 of New York.
17 As members of the Adirondack Park
18 Agency: Arthur S. Lussi, of Lake Placid; Daniel
19 Wilt, of Lake Pleasant; Karen M. Feldman, of
20 Hudson; and William H. Thomas, of North Creek.
21 As commissioners of the New York
22 State Insurance Fund: Joseph W. Canovas, of
23 Staten Island, and Barry J. Swidler, of
24 Brookville.
25 As directors of the New York
3792
1 Convention Center Operating Corporation: Daniel
2 F. DeVita, of Syosset; David Emil, of New York;
3 Edward Kane, of New York; and Andrew M. Murstein,
4 of New York.
5 As members of the Albany Pine Bush
6 Preserve Commission: Harvey J. Alexander, of
7 Schenectady; John K. Brust, of Central Bridge;
8 Nancy A. Pierson, of Slingerlands; and Steven K.
9 Rice, Ph.D., of Rexford.
10 As members of the Advisory Council
11 on Agriculture: Samuel J. Casella, of
12 Canandaigua; David Haight, of Malta; and Lesa
13 Sobelewski, of Avon.
14 As members of the Genesee State
15 Park, Recreation and Historic Preservation
16 Commission: Frank X. Allkofer, of Rochester, and
17 Thomas Jennings, of Albion.
18 And as members of the State Board
19 for Historic Preservation: John W. Aldrich, of
20 Albany, and Randall T. Crawford, of Syracuse.
21 ACTING PRESIDENT SAVINO: The
22 question is on the nominees as read by the
23 Secretary. All those in favor signify by saying
24 aye.
25 (Response of "Aye.")
3793
1 ACTING PRESIDENT SAVINO: Opposed,
2 nay.
3 (No response.)
4 ACTING PRESIDENT SAVINO: The
5 nominees are approved.
6 Senator Libous.
7 SENATOR LIBOUS: Madam President,
8 allow me to stand.
9 (Laughter.)
10 SENATOR LIBOUS: We are going to
11 have another Finance Committee meeting, but not
12 yet, because the teapot is not boiling. So I
13 would ask that we stand at ease temporarily.
14 I apologize for the day, but it's
15 just the end of session. And I think all of you
16 who have been here a while understand that the
17 mechanics of doing things take a little bit of
18 time, and sometimes it's not good for us because
19 it wastes our time. But it is what it is, and
20 I'm doing the best I can. And I would suggest
21 that you bring folders with work in it so that
22 you can read or do things that are beneficial to
23 your constituents.
24 But before we stand at ease, I would
25 ask you to go back to motions and call on
3794
1 Senator Gianaris.
2 ACTING PRESIDENT SAVINO: Motions
3 and resolutions.
4 Senator Gianaris.
5 SENATOR GIANARIS: On behalf of
6 Senator Gipson, Madam President, I move that the
7 following bill be discharged from its respective
8 committee and be recommitted with instructions to
9 strike the enacting clause: Senate Number 5521.
10 ACTING PRESIDENT SAVINO: So
11 ordered.
12 Senator Libous.
13 SENATOR LIBOUS: Madam President,
14 we will stand at ease.
15 ACTING PRESIDENT SAVINO: The
16 Senate will stand at ease.
17 (Whereupon, the Senate stood at ease
18 at 4:31 p.m.)
19 (Whereupon, the Senate reconvened at
20 6:26 p.m.)
21 ACTING PRESIDENT SAVINO: The
22 Senate will come to order.
23 Senator DeFrancisco.
24 SENATOR DeFRANCISCO: Yes, there
25 will be an immediate meeting of the Finance
3795
1 Committee in the Majority Conference Room,
2 Room 332.
3 ACTING PRESIDENT SAVINO: There
4 will be an immediate meeting of the Senate
5 Finance Committee in Room 332.
6 SENATOR DeFRANCISCO: If we get a
7 quorum, we could get moving, all those out there
8 in listening land.
9 (Laughter.)
10 ACTING PRESIDENT SAVINO: The
11 Senate will stand at ease pending the return of
12 the Finance Committee.
13 (Whereupon, the Senate stood at ease
14 at 6:27 p.m.)
15 (Whereupon, the Senate reconvened at
16 7:12 p.m.)
17 ACTING PRESIDENT SAVINO: Senator
18 Libous.
19 SENATOR LIBOUS: Madam President,
20 if we can go to reports of standing committees, I
21 believe there's a report of the Finance Committee
22 at the desk.
23 ACTING PRESIDENT SAVINO: Reports
24 of standing committees.
25 There is a report of the Finance
3796
1 Committee at the desk. The Secretary will read.
2 THE SECRETARY: Senator
3 DeFrancisco, from the Committee on Finance,
4 reports the following nomination.
5 As a member of the Public Service
6 Commission, Audrey Zibelman, of Philadelphia,
7 Pennsylvania.
8 ACTING PRESIDENT SAVINO: Senator
9 DeFrancisco.
10 SENATOR DeFRANCISCO: Thank you,
11 Madam President.
12 In the interests of time, I'd like
13 to just make a general statement about all the
14 nominees coming before us this evening.
15 Another set of great, great
16 appointments, many very, very accomplished
17 individuals, some of whom have been serving in
18 public service for years in other capacities,
19 others from private industry, some combinations
20 of both. But all highly competent and capable of
21 doing the job in an extraordinary way to which
22 they have been nominated.
23 And I again praise the Governor for
24 his appointments, and I praise them for being
25 willing to serve.
3797
1 So with respect to the first
2 nominee, I move her nomination.
3 ACTING PRESIDENT SAVINO: Are there
4 any members wishing to be heard on the
5 nomination?
6 Seeing none, the question is on the
7 nomination of Audrey Zibelman as a member of the
8 Public Service Commission. All those in favor
9 signify by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT SAVINO: Opposed,
12 nay.
13 (No response.)
14 ACTING PRESIDENT SAVINO: The
15 nomination is confirmed.
16 Congratulations to Audrey Zibelman,
17 member of the Public Service Commission.
18 (Applause.)
19 ACTING PRESIDENT SAVINO: The
20 Secretary will continue to read.
21 THE SECRETARY: As executive
22 director of the Justice Center for the Protection
23 of People with Special Needs, Jeffrey A. Wise,
24 J.D., of Saratoga Springs.
25 ACTING PRESIDENT SAVINO: Senator
3798
1 DeFrancisco.
2 SENATOR DeFRANCISCO: Ditto on what
3 I said before, and I move the nomination.
4 ACTING PRESIDENT SAVINO: Are there
5 any members wishing to be heard on the nomination
6 of Jeffrey A. Wise as executive director of the
7 Justice Center for the Protection of People with
8 Special Needs?
9 Senator Tkaczyk.
10 SENATOR TKACZYK: I would just like
11 to note that I knew Jeffrey Wise when he worked
12 for the Coalition for the Homeless. I can think
13 of no better advocate for this center.
14 This is a very important new entity,
15 and I'm very confident that he will lead it with
16 great leadership.
17 Thank you.
18 ACTING PRESIDENT SAVINO: Senator
19 Marchione.
20 SENATOR MARCHIONE: Thank you.
21 As the Senator who represents
22 Saratoga Springs, I want to extend my personal
23 congratulations to Mr. Wise on this appointment,
24 knowing that he'll do a great job.
25 ACTING PRESIDENT SAVINO: Are there
3799
1 any other members wishing to be heard on the
2 nomination?
3 Seeing none, the question is on the
4 nomination of Jeffrey A. Wise, J.D., as executive
5 director of the Justice Center for the Protection
6 of People with Special Needs. All those in favor
7 signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT SAVINO: Opposed,
10 nay.
11 (No response.)
12 ACTING PRESIDENT SAVINO: The
13 nomination is approved.
14 Congratulations to Jeffrey Wise, of
15 Saratoga Springs.
16 (Applause.)
17 ACTING PRESIDENT SAVINO: The
18 Secretary will continue to read.
19 THE SECRETARY: As members of the
20 New York State Gaming Commission: John A.
21 Crotty, of New York; John J. Poklemba, of
22 Clifton Park; Barry C. Sample, of Albany; and
23 Todd R. Snyder, of New York.
24 ACTING PRESIDENT SAVINO: Senator
25 DeFrancisco.
3800
1 SENATOR DeFRANCISCO: I move the
2 nominations.
3 ACTING PRESIDENT SAVINO: Senator
4 Bonacic on the nominations.
5 SENATOR BONACIC: Briefly.
6 These four gentlemen appeared before
7 the Racing and Wagering Committee. They were
8 unanimously approved. I want to thank the
9 Governor for sending us these four gentlemen.
10 When we look at their backgrounds,
11 they are well suited for the job that they're
12 going to be appointed to. Some are lawyers, some
13 have worked in the financial field, some have
14 experience in racing and wagering.
15 And they're going to face quite a
16 bit of responsibility. And the question we've
17 asked them is will they be independent, will they
18 use their best judgment on issues that come
19 before them and they will not be influenced by
20 any political forces, whether from the
21 Legislature, the Governor or outside.
22 And keep in mind, this Gaming
23 Commission will be responsible for the Lottery,
24 the horse race industry, charitable gaming, and
25 non-Native and Native gaming if the referendum is
3801
1 approved.
2 So I thank them for their sacrifice,
3 and I wholeheartedly support their confirmation.
4 Thank you, Madam President.
5 ACTING PRESIDENT SAVINO: Thank
6 you, Senator Bonacic.
7 Senator Larkin.
8 SENATOR LARKIN: Thank you, Madam
9 President.
10 Of the four nominees, I had the
11 privilege of working with three of them for many
12 years. John and Barry, we were young in those
13 days.
14 But during the times that I had the
15 privilege of working with various agencies in the
16 years that I've been here, I've always found them
17 to be up-front. When they can't do something,
18 they would tell you. If there was a problem,
19 they would help you resolve it. But they were
20 always interested in the fact that what we do, we
21 should do in the best interests of the people of
22 the State of New York.
23 I think the choice by the Governor
24 is outstanding, and I wish you good luck.
25 ACTING PRESIDENT SAVINO: Thank
3802
1 you.
2 Are there any other Senators wishing
3 to be heard on the nominations?
4 Seeing none, the question is on the
5 nominations of John A. Crotty, John J. Poklemba,
6 Barry C. Sample, and Todd R. Snyder as members of
7 the New York State Gaming Commission. All those
8 in favor signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT SAVINO: Opposed,
11 nay.
12 (No response.)
13 ACTING PRESIDENT SAVINO: The
14 nominations are hereby confirmed.
15 Congratulations, gentlemen.
16 (Applause.)
17 ACTING PRESIDENT SAVINO: The
18 Secretary will continue to read.
19 THE SECRETARY: As member and chair
20 of the Justice Center Advisory Council, William
21 T. Gettman, Jr., of Glenmont.
22 SENATOR DeFRANCISCO: Move the
23 nomination.
24 ACTING PRESIDENT SAVINO: Thank
25 you.
3803
1 Are there any members wishing to be
2 heard on the nomination?
3 Seeing none, the question is on the
4 nomination of William T. Gettman, Jr., as member
5 and chair of the Justice Center Advisory
6 Council. All those in favor signify by saying
7 aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT SAVINO: Opposed,
10 nay.
11 (No response.)
12 ACTING PRESIDENT SAVINO: The
13 nomination is confirmed of William T. Gettman,
14 Jr., as member and chair of the Justice Center
15 Advisory Council.
16 The Secretary will continue to read.
17 THE SECRETARY: As members of the
18 Justice Center Advisory Council: Michael Arsham,
19 of New York; Mary E. Bonsignore, of the Bronx;
20 Norwig Debye-Saxinger, of Kinderhook; Eva S.
21 Dech, of Albany; S. Earl Eichelberger, of
22 Guilderland; Denise A. Figueroa, of Cohoes;
23 Shirley B. Flowers, of Brooklyn; Lisa Gerbasi
24 Goring, of Manhasset; Tanya L. Hernandez, of
25 Buffalo; Gabrielle Horowitz-Prisco, of Brooklyn;
3804
1 Leslie A. Hulbert, of Victor; Walter J. Joseph,
2 Jr., of Rhinebeck; Alfred H. Kingon, of
3 Bronxville; Jeremy E. Klemanski, of Clay; David
4 Allen Lamphere, of Albany; Ronald S. Lehrer, of
5 Poughkeepsie; Belinda Lerner, of Long Island
6 City; Glenn Liebman, of Albany; Delores McFadden,
7 of Monroe; Brian P. McLane, of Syracuse; Judith
8 A. O'Rourke, of Lackawanna; Clint S. Perrin, of
9 Schenectady; Peter Pierri, of New York; Joseph L.
10 Rich, of Watertown; Harvey B. Rosenthal, of
11 Greenwich; Scott Salmon, of Tappan; Euphemia
12 Strauchn-Adams, of Staten Island; Christopher
13 Tavella, Ph.D., of Putnam Valley; and Robert L.
14 Weisman, D.O., of Pittsford.
15 ACTING PRESIDENT SAVINO: Senator
16 DeFrancisco.
17 SENATOR DeFRANCISCO: Move the
18 nominations.
19 ACTING PRESIDENT SAVINO: Are there
20 any members wishing to be heard on the
21 nominations?
22 Seeing none, the question is on the
23 nominations of those previously read by the
24 Secretary. All those in favor signify by saying
25 aye.
3805
1 (Response of "Aye.")
2 ACTING PRESIDENT SAVINO: Opposed,
3 nay.
4 (No response.)
5 ACTING PRESIDENT SAVINO: The
6 nominations are confirmed.
7 The Secretary will continue to read.
8 THE SECRETARY: As member and chair
9 of the Behavioral Services Advisory Council, Paul
10 N. Samuels, of New York.
11 ACTING PRESIDENT SAVINO: Senator
12 DeFrancisco.
13 SENATOR DeFRANCISCO: Move the
14 nomination.
15 ACTING PRESIDENT SAVINO: Any
16 members wishing to be heard on the nomination?
17 Seeing none, the question is on the
18 nomination of Paul N. Samuels as member and chair
19 of the Behavioral Services Advisory Council. All
20 those in favor signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT SAVINO: Opposed,
23 nay.
24 (No response.)
25 ACTING PRESIDENT SAVINO: The
3806
1 nomination is confirmed.
2 The Secretary will continue to read.
3 THE SECRETARY: As members of the
4 Behavioral Services Advisory Council: Kunsook
5 Song Bernstein, Ph.D., of Baldwin; Lieutenant
6 Colonel April Critelli, of Glenville; Robert
7 Cruz, of New York; Ralph G. Fasano, of Northport;
8 William T. Gettman, Jr., of Glenmont; Sharon R.
9 Gillette, of Plattsburgh; Jennifer F. Havens,
10 M.D., of New York; Tino Hernandez, of New York;
11 John Kastan, Ph.D., of Brooklyn; Maura A. Kelley,
12 of Buffalo; Scott S. Lavigne, of Penfield; John
13 D. Lee, of Rochester; Glenn A. Martin, M.D., of
14 Forest Hills; Michael N. Martin, of North
15 Tonawanda; Deborah Mayo, of Stony Brook; Howard
16 P. Meitiner, of Mount Vernon; Grant E. Mitchell,
17 M.D., of Goldens Bridge; Stephanie Orlando, of
18 Albany; Andrew S. Roberts, of New York; James P.
19 Scordo, of Watertown; Euphemia Strauchn-Adams, of
20 Staten Island; and Patrice Wallace-Moore, of
21 Mount Vernon.
22 SENATOR DeFRANCISCO: Move the
23 nominations.
24 ACTING PRESIDENT SAVINO: Thank
25 you.
3807
1 Any members wishing to be heard on
2 the nominations?
3 Seeing none, the question is on the
4 nominations as read by the Secretary. All those
5 in favor signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT SAVINO: Opposed,
8 nay.
9 (No response.)
10 ACTING PRESIDENT SAVINO: The
11 nominations are confirmed.
12 The Secretary will continue to read.
13 THE SECRETARY: As member of the
14 Behavioral Services Advisory Council, Katherine
15 Breslin, of Saratoga Springs.
16 SENATOR DeFRANCISCO: Move the
17 nomination.
18 ACTING PRESIDENT SAVINO: Senator
19 Breslin.
20 SENATOR BRESLIN: Thank you, Madam
21 President.
22 I request permission to abstain from
23 the vote on Katherine Breslin to eliminate any
24 potential conflicts of interest.
25 ACTING PRESIDENT SAVINO: So
3808
1 ordered.
2 The question is on the nomination of
3 Kate Breslin, of Saratoga Springs, as a member of
4 the Behavioral Services Advisory Council. All
5 those in favor signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT SAVINO: Opposed,
8 nay.
9 (No response.)
10 ACTING PRESIDENT SAVINO: The
11 nomination is confirmed.
12 The Secretary will continue to read.
13 THE SECRETARY: As member and vice
14 chair of the Workers' Compensation Board, Frances
15 M. Libous, of Binghamton.
16 ACTING PRESIDENT SAVINO: Senator
17 Libous.
18 SENATOR LIBOUS: Madam President, I
19 would ask that the record reflect that I have
20 abstained from voting on this nomination.
21 ACTING PRESIDENT SAVINO: The
22 record will so reflect.
23 Senator DeFrancisco.
24 SENATOR DeFRANCISCO: I move the
25 nomination.
3809
1 I know Fran; she's been on the
2 Workers' Compensation Board for many years, doing
3 a wonderful job. Not only is she deserving of
4 that, she's deserving of direct admittance to
5 heaven, having been married to Tom Libous for so
6 many years.
7 I move the nomination.
8 (Laughter.)
9 ACTING PRESIDENT SAVINO: Senator
10 Diaz.
11 SENATOR DIAZ: I'm standing to tell
12 you that I proudly second that nomination.
13 ACTING PRESIDENT SAVINO: Thank
14 you.
15 Are there any other members wishing
16 to be heard on the nomination of Frances M.
17 Libous as a member and vice chair of the Workers'
18 Compensation Board?
19 Seeing none, all those in favor
20 signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT SAVINO: Opposed,
23 nay.
24 (No response.)
25 ACTING PRESIDENT SAVINO: The
3810
1 nomination is confirmed.
2 Senator DeFrancisco, that completes
3 the report of the Finance Committee.
4 SENATOR DeFRANCISCO: Thank you for
5 that.
6 Senator Libous.
7 SENATOR LIBOUS: Madam President,
8 is there any further business at the desk at this
9 time?
10 ACTING PRESIDENT SAVINO: There is
11 no further business at the desk other than the
12 signing of the nominations.
13 SENATOR LIBOUS: If there's no
14 further business, Madam President, I move that
15 the Senate adjourn until tomorrow, Thursday,
16 June 20th, at 11:00 a.m.
17 ACTING PRESIDENT SAVINO: There
18 being no further business, the Senate stands
19 adjourned until tomorrow, June 20th, at
20 11:00 a.m.
21 (Whereupon, at 7:25 p.m., the Senate
22 adjourned.)
23
24
25