Regular Session - January 14, 2014

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 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 14, 2014

11                     11:11 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DAVID J. VALESKY, 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 VALESKY:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT VALESKY:   Today we 

 9   are joined by Rabbi Israel Rubin, from the Chabad 

10   of the Capital District in Albany, and he will 

11   give us our invocation.

12                RABBI RUBIN:   This Thursday the 

13   Jewish calendar marks Tu B'Shevat, the New Year 

14   for Trees and Fruit.  It sounds ironic to 

15   celebrate trees and fruit when it's dark and 

16   dreary outside, but deep within the tree new life 

17   stirs as energies flow toward the growth of 

18   leaves, blossoms and fruit.  

19                Throughout the seasons, a tree 

20   stands as a beautiful poem.  It buds in the 

21   spring, offers leafy shade in the summer and 

22   brilliant foliage in the fall.  But even in the 

23   dead of winter, especially in the dead of winter, 

24   the tree skeleton of bare trunk, branches and 

25   twigs may resemble our New York State roadmap.  


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 1                Rising from the Big Apple on the 

 2   bottom of the map to this Capital Region, growing 

 3   north to touch the Canadian border, reaching out 

 4   westward the full length of our state, these 

 5   roads and thruways divide and branch off into our 

 6   cities and towns, arterials, parkways, 

 7   boulevards, city streets, alleys, even on to 

 8   personal driveways.  

 9                Almighty God, in Thou inspire the 

10   honorable men and women of this Senate with good 

11   vision and noble wisdom to remember that our 

12   networks are all linked and connected, to think 

13   forward to fruit even when all seems bare and 

14   barren, to plan ahead for the future growth, and 

15   to yearn for the spring for the benefit of all 

16   people of this great state.  

17                Amen.  

18                ACTING PRESIDENT VALESKY:   The 

19   reading of the Journal.  

20                The Secretary will read.

21                THE SECRETARY:   In Senate, Monday, 

22   January 13, the Senate met pursuant to 

23   adjournment.  The Journal of Sunday, January 12, 

24   was read and approved.  On motion, Senate 

25   adjourned.


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 1                ACTING PRESIDENT VALESKY:   Without 

 2   objection, the Journal stands approved as read.

 3                Presentation of petitions.

 4                Messages from the Assembly.

 5                Messages from the Governor.

 6                Reports of standing committees.

 7                Reports of select committees.

 8                Communications and reports from 

 9   state officers.

10                Motions and resolutions.

11                Senator Carlucci.

12                SENATOR CARLUCCI:   Mr. President, I 

13   move the following bills be discharged from their 

14   respective committees and be recommitted with 

15   instructions to strike the enacting clause:  

16   Senate Bill Numbers 2259, 2266, 2335, 2376, 3053, 

17   3771A, 5703B, 5803.

18                ACTING PRESIDENT VALESKY:   So 

19   ordered.

20                Senator Libous.

21                SENATOR LIBOUS:   Thank you, 

22   Mr. President.  I too have a motion.  

23                On behalf of Senator Zeldin, I move 

24   that the following bill be discharged from its 

25   respective committee and be recommitted with 


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 1   instructions to strike the enacting clause.  That 

 2   would be Senate Print Number 6214, please.

 3                ACTING PRESIDENT VALESKY:   So 

 4   ordered.

 5                Senator Libous.

 6                SENATOR LIBOUS:   Thank you, 

 7   Mr. President.  

 8                At this time I believe that there is 

 9   a resolution before the house -- oh, we have to 

10   adopt the Resolution Calendar first, 

11   Mr. President.

12                ACTING PRESIDENT VALESKY:   All 

13   those in favor of adopting the Resolution 

14   Calendar -- I believe there are exceptions, 

15   Senator Libous, to that?  

16                SENATOR LIBOUS:   There are 

17   exceptions.  Mr. President, for some reason my 

18   glasses aren't working this morning.

19                (Laughter.)

20                SENATOR LIBOUS:   And now that I've 

21   got them in focus, with the exception of 2778, by 

22   Senator Kennedy; 2686, by Senator Stavisky; 2886, 

23   by Senator Perkins; and 2758, by Senator Parker.

24                ACTING PRESIDENT VALESKY:   All 

25   those in favor of adopting the Resolution 


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 1   Calendar with the exceptions of Resolutions 2686, 

 2   2758, 2778 and 2886, signify by saying aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT VALESKY:   Opposed, 

 5   nay.

 6                (No response.)

 7                ACTING PRESIDENT VALESKY:   The 

 8   Resolution Calendar is adopted.

 9                Senator Libous.

10                SENATOR LIBOUS:   Thank you, 

11   Mr. President.  

12                And at this time I believe there's a 

13   resolution by Senator Kennedy, Number 2778, at 

14   the desk.  Could we read the title only and then, 

15   if you could call on Senator Kennedy, he wishes 

16   to speak on his resolution.

17                ACTING PRESIDENT VALESKY:   The 

18   Secretary will read.

19                THE SECRETARY:   Legislative 

20   Resolution Number 2778, by Senator Kennedy, 

21   honoring Barbara-Jo Hard upon the occasion of her 

22   retirement after many years of distinguished 

23   service as Cofounder and Executive Director of 

24   Bornhava.

25                ACTING PRESIDENT VALESKY:   Senator 


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 1   Kennedy on the resolution.

 2                SENATOR KENNEDY:   Thank you very 

 3   much, Mr. President.  

 4                I rise today to honor Barbara-Jo 

 5   Hard upon the occasion of her retirement from 

 6   Bornhava Early Childhood Center for Children with 

 7   Development Disabilities and Special Needs.  

 8                Barbara-Jo Hard has long been a 

 9   leading advocate for children with special needs 

10   in Western New York.  Through her relentless 

11   efforts, Bornhava has grown from a small 

12   preschool to a significant agency serving 

13   150 children and their families.  

14                Bornhava opened its doors 31 years 

15   ago in 1983.  As Bornhava's executive director 

16   and cofounder, Barbara-Jo has overseen the growth 

17   of the organization and always worked hard with 

18   extraordinary dedication to serving children and 

19   their families.  In 1992, Bornhava moved into its 

20   current home location off Main Street in 

21   Amherst.  

22                As an occupational therapist, I was 

23   able to work under Barbara-Jo Hard and learn from 

24   her firsthand.  Her dedication to the children of 

25   Western New York is unmatched, and her retirement 


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 1   leaves a void that we must all work to fill.

 2                I've known Barbara-Jo Hard my entire 

 3   life, and she's had an enormous impact on me 

 4   personally as well, as she introduced me to my 

 5   wife, Katie, a physical therapist who was working 

 6   at Bornhava at the time I was.  Katie and I were 

 7   married a few years after we met at Bornhava, 

 8   something Barbara-Jo takes credit for, gladly, 

 9   and we gladly give it to her.  

10                In her own personal life, Barbara-Jo 

11   has committed herself to her church, her 

12   community, and her family.  She has continually 

13   grown her family by reaching out across the 

14   entire world to adopt children, some with special 

15   needs, others in dire circumstances where raising 

16   them in the United States gave them the 

17   opportunity to live their lives to the fullest.  

18   This included adoptions of numerous children 

19   refugees and orphans from Vietnam and Russia 

20   during the height of the Cold War.  

21                As American citizens, her children 

22   have grown and prospered and given back 

23   to the community just as their mother has.

24                Barbara-Jo Hard is one of Western 

25   New York's true servant leaders.  She's always 


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 1   put the needs of others before her own and 

 2   has served our community's children with a unique 

 3   sense of loyalty, honor and distinction.

 4                Throughout her tenure as Bornhava's 

 5   executive director, Barbara-Jo has strived to 

 6   provide an environment where children with 

 7   developmental disabilities and special needs can 

 8   prosper, grow and succeed.  

 9                For all of these reasons, it's my 

10   high honor and privilege to pay tribute to a 

11   woman I truly admire and respect -- a former 

12   boss, a true mentor, and a dear friend, not only 

13   to myself but to all Western New York children 

14   and families.  

15                Thank you, Mr. President.

16                ACTING PRESIDENT VALESKY:   Thank 

17   you, Senator Kennedy.

18                The question is on Resolution Number 

19   2778.  All in favor signify by saying aye.

20                (Response of "Aye.")

21                ACTING PRESIDENT VALESKY:   Opposed, 

22   nay.

23                (No response.)

24                ACTING PRESIDENT VALESKY:   The 

25   resolution is adopted.


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 1                Senator Libous.

 2                SENATOR LIBOUS:   Yes, 

 3   Mr. President, I'd like to take up Resolution 

 4   2686, by Senator Stavisky, read the title only, 

 5   and then please call on Senator Stavisky.

 6                ACTING PRESIDENT VALESKY:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Legislative 

 9   Resolution Number 2686, by Senator Stavisky, 

10   honoring President James L. Muyskens upon the 

11   occasion of his retirement as President of 

12   Queens College.

13                ACTING PRESIDENT VALESKY:   Senator 

14   Stavisky on the resolution.

15                SENATOR STAVISKY:   Thank you, 

16   Mr. President.

17                I too am proud to sponsor this 

18   resolution, not only as the ranking member on the 

19   Committee on Higher Education but also as the 

20   State Senator who represents Queens College in 

21   the New York State Senate.

22                President Muyskens is retiring after 

23   11½ years as president of Queens College.  In 

24   fact, he's the ninth president of 

25   Queens College.  


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 1                And in the interests of full 

 2   disclosure, I went to graduate school at 

 3   Queens College; my son also was president of the 

 4   student government at Queens College.  And this 

 5   is truly a remarkable, remarkable part of the 

 6   City University of New York.

 7                President Muyskens has many, many 

 8   accomplishments.  To me, most important, he 

 9   raised the undergraduate level at Queens College 

10   by establishing a general education curriculum.  

11   He increased the student body from 15,000 to 

12   20,000 students and the full-time faculty by 

13   300 faculty members.  They opened a residential 

14   hall for 500 students a number of years ago, 

15   which attracts students from all over the world 

16   to this institution.  

17                There's been a lot of construction 

18   at Queens College.  Powdermaker Hall, which is 

19   the classroom instruction building, and Remsen, 

20   the chem lab facility, these have all been 

21   rehabilitated under President Muyskens.

22                He has been able to bring the 

23   college to the community.  And most of my 

24   colleagues certainly from Queens know that when 

25   you have a swearing-in ceremony, you go to the 


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 1   concert hall and hold the ceremonies at 

 2   Queens College.  They are open to the community.

 3                But don't just take my word for it.  

 4   Washington Monthly ranked Queens College as 

 5   number two in the country in value.  You get what 

 6   you pay for.  In fact, you get more than what you 

 7   pay for.  I like to call it a Tiffany education 

 8   at Target prices.  And that's really what you're 

 9   getting.  

10                Princeton Review, they evaluated 378 

11   colleges and ranked Queens College, part of CUNY, 

12   as second in race and class interactions.  And 

13   that's an interesting category, because 

14   50 percent of the students at Queens College were 

15   not born in the United States.  They speak over 

16   160 languages at Queens College.  And to me, this 

17   is meeting the needs of the current population.  

18   The diversity, everybody knows how diverse 

19   Queens County is.

20                President Muyskens has come full 

21   circle.  He spent 17 years at Hunter College, 

22   from an assistant professor all the way to acting 

23   provost.  Then he went off to Kansas and to the 

24   University of Georgia.  And 11½ years ago he 

25   returned to Queens College, which was then in a 


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 1   state of flux.  They were having some problems on 

 2   campus.  We had a lack of leadership for a 

 3   while.  And yet he restored stability to the 

 4   campus and to the students and to the faculty and 

 5   to the community.

 6                So I congratulate President Muyskens 

 7   on his tenure at Queens College.  He's going off 

 8   to become a professor of philosophy at the CUNY 

 9   Graduate Center in Manhattan.  But I think the 

10   fact that we stop today to honor President 

11   Muyskens is significant.  And I ask anybody who 

12   would like to cosponsor the resolution to join 

13   me.

14                Thank you.

15                ACTING PRESIDENT VALESKY:   Thank 

16   you, Senator Stavisky.

17                The question is on Resolution 2686.  

18   All in favor signify by saying aye.

19                (Response of "Aye.")

20                ACTING PRESIDENT VALESKY:   Opposed, 

21   nay.

22                (No response.)

23                ACTING PRESIDENT VALESKY:   The 

24   resolution is adopted.

25                Senator Stavisky.


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 1                SENATOR STAVISKY:   Can we open the 

 2   resolution, Senator Libous?  

 3                SENATOR LIBOUS:   Sure.  

 4                Mr. President, Senator Stavisky 

 5   would like to open the resolution.  And as the 

 6   policy in the chamber goes, all members will go 

 7   on it.  Unless for any reason you wish not to be 

 8   on it, please let the desk know.

 9                ACTING PRESIDENT VALESKY:   Thank 

10   you, Senator Libous.

11                Senator Libous.

12                SENATOR LIBOUS:   Thank you, 

13   Mr. President.

14                Mr. President, at this time Senator 

15   Perkins has a resolution, 2886.  He would like to 

16   have it read in its entirety and if you could 

17   call on Senator Perkins before its adoption.

18                ACTING PRESIDENT VALESKY:   The 

19   Secretary will read.

20                THE SECRETARY:   Legislative 

21   Resolution Number 2886, by Senator Perkins, 

22   celebrating the life and accomplishments of 

23   Nelson Mandela, civil rights leader and prominent 

24   freedom fighter, and commemorating the 

25   24th anniversary of his visit to New York City 


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 1   and the speech he presented to the people of 

 2   Harlem.  

 3                "WHEREAS, It is the sense of this 

 4   Legislative Body, in keeping with its 

 5   time-honored traditions, to recognize and pay 

 6   tribute to those extraordinary individuals who 

 7   foster ethnic pride and enhance the profile of 

 8   cultural diversity which strengthens the fabric 

 9   of the communities of New York State; Nelson 

10   Mandela was one such individual; and 

11                "WHEREAS, Attendant to such concern,  

12   and in full accord with its long-standing 

13   traditions, this Legislative Body is justly proud 

14   to celebrate the life and accomplishments of 

15   Nelson Mandela, civil rights leader and prominent 

16   freedom fighter, and to commemorate the 

17   24th anniversary of his visit to New York City 

18   and the speech he presented to the people of 

19   Harlem; and 

20                "WHEREAS, On June 22, 1990, Nelson 

21   Mandela and his wife, Winnie, made a worldly 

22   homecoming to New York City, as a crucial 

23   component of the unstinting quest to end 

24   apartheid; as part of his visit, Mr. Mandela was 

25   greeted by over 150,000 people as his motorcade 


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 1   moved from Queens through Brooklyn; he spoke to a 

 2   crowd of over 100,000 people in Harlem; he 

 3   addressed a crowd at the world-renowned  

 4   Riverside Church -- where he would later be 

 5   memorialized -- guided by former Manhattan 

 6   Borough President and then-Mayor of New York 

 7   City, David Dinkins; he addressed the 

 8   United Nations Special Committee on Apartheid, 

 9   was feted with a ticker-tape parade in Manhattan 

10   down the Canyon of Heroes, culminating in a 

11   speech to over 200,000 at New York City Hall, and 

12   made remarks to a packed house at Yankee Stadium 

13   to conclude this day of inspiration; and 

14                "WHEREAS, On this day, Nelson 

15   Mandela was welcomed with open arms by over  

16   100,000 people in Harlem who identified in him, 

17   as daughters and sons of Africa, a commonality of 

18   struggle, singularity of hope and unity of cause 

19   in fighting racism and oppression the world over; 

20   and 

21                "WHEREAS, In his speech to the 

22   people of Harlem, which took place at the 

23   intersection of Dr. Martin Luther King, Jr. and 

24   Adam Clayton Powell, Jr. Boulevards in the middle 

25   of African Square, Nelson Mandela highlighted the 


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 1   common bond and mutual inspiration shared amongst 

 2   all those gathered, saying 'Whilst my comrades 

 3   and I were in prison, we followed closely your 

 4   own struggle against the injustices of racist 

 5   discrimination and economic inequality.  We were 

 6   and are aware of the resistance of the people of 

 7   Harlem and continue to be inspired by your 

 8   indomitable fighting spirit.  I am able to speak 

 9   to you because of the mass resistance of our 

10   people and the unceasing solidarity of millions 

11   throughout the world.  It is you, the working 

12   people of Harlem, that helped make it happen'; 

13   and 

14                "WHEREAS, Nelson Mandela's 

15   homecoming in Harlem occurred on the same day he 

16   delivered his famous speech to the United Nations 

17   Special Committee on Apartheid; as such, it was a 

18   befitting and appropriate bookend that ended with 

19   many of the same universal words of truth and 

20   power, including 'The light at the end of the 

21   tunnel is beckoning' . . . 'But we are not yet 

22   there.  Let us act in unity.  Let us double and 

23   redouble our efforts'; and 

24                "WHEREAS, Nelson Mandela's presence 

25   in Harlem was an event of unparalleled 


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 1   inspiration to a local and global community that 

 2   saw in him everything about themselves and the 

 3   pillars of struggle and hope that unite us all; 

 4   the evening ended with a resounding and 

 5   redoubling chorus of the chant:  'And We Will Not 

 6   Give Up The Fight!'; now, therefore, be it 

 7                "RESOLVED, That this Legislative 

 8   Body pause in its deliberations to celebrate the 

 9   life and accomplishments of Nelson Mandela,  

10   civil rights leader and prominent freedom 

11   fighter, and to commemorate the 24th anniversary 

12   of his visit to New York City and the speech he 

13   presented to the people of Harlem; and be it 

14   further 

15                "RESOLVED, That a copy of this  

16   resolution, suitably engrossed, be transmitted to 

17   the family of Nelson Mandela."

18                ACTING PRESIDENT VALESKY:   Senator 

19   Perkins on the resolution.

20                SENATOR PERKINS:   Thank you very 

21   much.  

22                The importance of honoring and 

23   cherishing Nelson Mandela's New York State roots 

24   is of paramount importance as we all seek to 

25   carry forth a flame of incandescent inspiration 


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 1   from the man's singular earthly glow.  

 2                When he visited our state in 1990, 

 3   it was merely weeks after he had served nearly 

 4   three decades in prison simply for standing up 

 5   for the hallmark causes of justice, equality and 

 6   shared humanity.  

 7                Twenty-four years ago, cracks were 

 8   appearing in the artifice of apartheid, but the 

 9   foundational cement was as hard as ever.  The 

10   prime factor that drove his visit was deepening 

11   the tide that would forever rend it asunder.  

12   That approach is best encapsulated in the 

13   following quote:  "We fought injustice wherever 

14   we found it, no matter how large or how small, 

15   and we fought injustice to preserve our own 

16   humanity."

17                Guided by the city's first black 

18   mayor, David Dinkins, Mr. Mandela reached 

19   millions of New Yorkers on his inspirational 

20   journey.  When Nelson Mandela visited New York, 

21   it was a homecoming of the highest order, one 

22   that spoke to so many spiritually, emotionally, 

23   socially and culturally.  It is a moment that was 

24   born in time and born of the time surrounding it 

25   and a moment of perpetuity that is handed down to 


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 1   each of us.  

 2                Nelson Mandela came to my 

 3   neighborhood, to the cultural, political and 

 4   geographic nexus of Harlem.  He came to a 

 5   specific place, but his message was universal.  

 6   It was a message for each borough, for each 

 7   county, for each person, for each of us that are 

 8   part of the Empire State.

 9                The pride that I felt when Nelson 

10   Mandela visited New York is a pride that 

11   resonated from 125th Street and traveled to all 

12   corners of this state as he spoke to everyone who 

13   has ever been a dreamer, an advocate, an 

14   organizer, to everyone who has ever put their 

15   principles first and to those who live every 

16   moment of their life imbued with the naturally 

17   incurable hope for a fairer and more equal 

18   tomorrow.  Thank you.  

19                I'd like to open up the opportunity 

20   for my colleagues to cosponsor as well.

21                ACTING PRESIDENT VALESKY:   Thank 

22   you, Senator Perkins.

23                Senator Montgomery on the 

24   resolution.

25                SENATOR MONTGOMERY:   Yes, thank 


                                                               86

 1   you, Mr. President.  

 2                I want to thank my colleague for 

 3   introducing this resolution, and I'm very happy 

 4   to join him in cosponsoring it.  

 5                And I'm remembering the day that 

 6   Mayor David Dinkins set aside for Nelson Mandela 

 7   Day in the City of New York.  He was hosting a 

 8   very significant and important celebration.  

 9                And one of my colleagues who has 

10   since retired from the Assembly but at that time 

11   was chair of the Association of Black and 

12   Puerto Rican and Latino Legislators, 

13   Assemblymember Albert Vann, decided that it was 

14   important for us who were stuck in Albany, so to 

15   speak -- if you consider being stuck here when 

16   something important is going on in your 

17   district -- that he wanted to make sure that 

18   those of us who were members of the caucus had an 

19   opportunity to celebrate Nelson Mandela in 

20   person.  

21                And so he made sure that there was a 

22   bus made available for us.  We all got on that 

23   bus and were able to travel to the city for that 

24   day.  And I am eternally grateful to 

25   Assemblymember Vann because that was my one 


                                                               87

 1   opportunity to have a very, very personal 

 2   experience with this great and wonderful 

 3   international leader.

 4                And so there are many, many 

 5   different people who are part of the wonderful 

 6   experience and certainly the inspiration of 

 7   Nelson Mandela.  But to have been there to 

 8   actually see him, shake his hand, say hello and 

 9   give him a hug and welcome him to his other home, 

10   which we felt was New York City -- for him, I'm 

11   grateful.  

12                So thank you, Senator Perkins.  This 

13   is an opportunity for us to say how much we 

14   appreciate this light unto our world that 

15   Nelson Mandela represents.  So thank you, and I'm 

16   happy to cosponsor it.

17                ACTING PRESIDENT VALESKY:   Thank 

18   you, Senator Montgomery.

19                Senator Parker on the resolution.

20                SENATOR PARKER:   Thank you, 

21   Mr. President.  

22                I rise to add my voice to those who 

23   want to celebrate the life and the legacy of 

24   Nelson Mandela, Madiba.  

25                And I want to thank Senator Perkins 


                                                               88

 1   for bringing this resolution forth and in 

 2   commemorating this important day but, more 

 3   importantly, the life and the legacy of 

 4   Nelson Mandela.  

 5                I feel like in many ways I get to 

 6   stand before you in this position because of the 

 7   work of Nelson Mandela.  He was far more than 

 8   just a freedom fighter in the country of 

 9   South Africa, but for many young people, 

10   particularly in the mid-'80s when I was in 

11   college, he was our King figure.  He was fighting 

12   apartheid, which many of us saw as the modern-day 

13   Jim Crow at that time.  We can say there's a more 

14   modern-day Jim Crow still going on, but that's a 

15   speech for another day.  

16                But the work that Nelson Mandela did 

17   and the strength and character that he brought, 

18   having been imprisoned for 27 years and then, you 

19   know, becoming president of his country -- and 

20   doing all that with such grace.  And having the 

21   kind of vision and, you know, the kind of 

22   intestinal fortitude that kept him for almost 

23   30 years keeping up the struggle, even after he 

24   was imprisoned and beaten and denied the 

25   opportunity to see what his people had been going 


                                                               89

 1   through, was important.

 2                At that time there were many of us 

 3   at college campuses, me at the time at the 

 4   Pennsylvania State University, you know, 

 5   protesting the investments of those universities 

 6   in South Africa.  And we were very, very 

 7   successful in doing that.  But it is really 

 8   Nelson Mandela's example that pushed us on to do 

 9   the right things not just for corporations and 

10   large institutions here in America and for what 

11   was happening for the people of South Africa who 

12   were suffering, but also then to look at that and 

13   connect that to our struggles here as people of 

14   African descent in America and continue to fight 

15   for ourselves.  

16                And so today I rededicate myself to 

17   justice here in the State of New York, in 

18   Brooklyn, and in my district in the name of the 

19   life and the legacy of Nelson Mandela.  

20                Thank you.

21                ACTING PRESIDENT VALESKY:   Thank 

22   you, Senator Parker.

23                Senator Sanders on the resolution.

24                SENATOR SANDERS:   Thank you, sir.

25                It is good that Senator Perkins has 


                                                               90

 1   brought this to us.  It allows New York State to 

 2   go on record as saying that we too recognize that 

 3   we lived in a day of giants, a day when giants 

 4   walked the earth.  

 5                And I'm speaking of course of 

 6   Nelson Mandela, a person who, although his body 

 7   was imprisoned, his presence was felt in every 

 8   corner on this globe.  The presence was felt by 

 9   everyone who appreciates and loves justice and 

10   dignity for all human beings.  Nelson Mandela 

11   went beyond being just the South African leader, 

12   he went beyond being all of these.  He became the 

13   leader of everyone who loves justice, everyone 

14   who loves the idea of democracy.  

15                He did more for the people of this 

16   earth staying in a prison cell for 27 years -- 

17   although he was offered three times that if he 

18   would just renounce his principles, he would be 

19   allowed to walk free.  He could have done this 

20   many a time, and chose that the struggle that he 

21   was fighting was more important than just his 

22   individual freedom.  He understood well that an 

23   injustice anywhere is a threat to justice 

24   everywhere.  

25                So it is good that we in New York 


                                                               91

 1   State stop and think about it, to think that how 

 2   can we find ways of rooting out any type of 

 3   apartheid that we find ourselves in, how do we 

 4   find out ways of uniting with all different type 

 5   of people to ensure that the many of us who like 

 6   justice, who insist on freedom, can oppose the 

 7   few who want to take it away from folk.  

 8                So with that, I say that 

 9   Senator Parker is right, that we do need to 

10   dedicate ourselves -- not in an abstract 

11   situation, but in this Senate hall that we need 

12   to look within ourselves and within these bills 

13   that we are debating to see what can we do to 

14   make sure that the beloved community becomes 

15   closer and more a reality.  And in that way we 

16   honor Nelson Mandela by becoming or allowing the 

17   Nelson Mandela in us all to come forward.  

18                Thank you very much.  

19                ACTING PRESIDENT VALESKY:   Thank 

20   you, Senator Sanders.

21                Senator Hassell-Thompson on the 

22   resolution.

23                SENATOR HASSELL-THOMPSON:   Thank 

24   you, Mr. President.  

25                I stood yesterday when the leaders 


                                                               92

 1   of our chambers presented a resolution on 

 2   Nelson Mandela, and I spoke yesterday.  And I 

 3   guess people want to know why would I speak 

 4   again.  I would never let an opportunity to talk 

 5   about Mandela pass and not add my voice.  And 

 6   particularly to my colleague, to Bill Perkins.  

 7                You know, Bill has become in his own 

 8   way the conscience of many of us in these 

 9   chambers.  And I think that his personal 

10   knowledge of Nelson Mandela added a dimension 

11   that somehow was missing yesterday.  

12                And so that I appreciate you 

13   bringing that personal dimension to us, Bill.  

14   Because as all of us stand here, we believe, many 

15   of us believe that we embrace justice for all.  

16   But I know that we all need to work harder to 

17   ensure that we do.  

18                So each time we talk about 

19   Nelson Mandela, it is a reaffirmation that there 

20   is work to be done.  But there is the possibility 

21   in all of us to help to make it a reality.

22                So I thank you, Mr. President, for 

23   the opportunity, and to you, Bill Perkins, for 

24   bringing this resolution for us this morning.

25                ACTING PRESIDENT VALESKY:   Thank 


                                                               93

 1   you, Senator Hassell-Thompson.

 2                The question is on Resolution 2886.  

 3   All in favor signify by saying aye.

 4                (Response of "Aye.")

 5                ACTING PRESIDENT VALESKY:   Opposed, 

 6   nay.

 7                (No response.)

 8                ACTING PRESIDENT VALESKY:   The 

 9   resolution is adopted.

10                Senator Perkins has asked that the 

11   resolution be open for cosponsorship, Senator 

12   Libous.

13                SENATOR LIBOUS:   Yes, 

14   Mr. President.  Again, as the policy goes, if 

15   someone chooses not to be on the resolution, 

16   please let the desk know.

17                ACTING PRESIDENT VALESKY:   Very 

18   good.  

19                Senator Libous.

20                SENATOR LIBOUS:   Mr. President, at 

21   this time Senator Parker has Resolution Number 

22   2758.  Could we please read it in its entirety 

23   and call on Senator Parker.

24                ACTING PRESIDENT VALESKY:   The 

25   Secretary will read.


                                                               94

 1                THE SECRETARY:   Legislative 

 2   Resolution Number 2758, by Senator Parker, 

 3   mourning the death of Congressman Major Robert 

 4   Odell Owens, distinguished citizen and devoted 

 5   member of his community.  

 6                "WHEREAS, It is the custom of this 

 7   Legislative Body to pay tribute to citizens of 

 8   the State of New York whose lifework and civic 

 9   endeavor served to enhance the quality of life in 

10   their communities and the great State of 

11   New York; and 

12                "WHEREAS, It is with great sorrow 

13   and deep regret that this Legislative Body 

14   records the passing of Congressman Major Robert 

15   Odell Owens, noting the significance of his 

16   purposeful life and accomplishments; and 

17                "WHEREAS, Major Owens, who served in 

18   the House of Representatives until 2007, died on 

19   Monday, October 21, 2013; and 

20                "WHEREAS, Major Owens was born in 

21   Collierville, Tennessee, on June 28, 1936, to 

22   Ezekiel and Edna Owens; in 1956, the year he 

23   graduated from Morehouse, Mr. Owens married 

24   Ms. Ethel Werfel and was later remarried to the 

25   former Maria Cuprill; and 


                                                               95

 1                "WHEREAS, After earning a master's 

 2   degree in library science in 1957 from 

 3   Atlanta University (which later became Clark 

 4   Atlanta), Mr. Owens moved to New York City and 

 5   worked as a librarian in Brooklyn from 1958 until 

 6   the mid-1960s; as a librarian, he became a 

 7   fixture in the Brooklyn community working as a 

 8   crusader for working-class families, which led 

 9   him into fighting poverty as part of the 

10   Mayor John V. Lindsay administration in the 

11   1960s, and eventually into a position as a 

12   New York State Senator; and 

13                "WHEREAS, After serving Brooklyn as 

14   a State Senator, Major Owens ran successfully for 

15   the Congressional seat previously held by 

16   Congresswoman Shirley Chisholm, which he 

17   continued to serve for 24 years; among his many 

18   achievements include the passage of the Americans 

19   with Disabilities Act and many years of increased  

20   funding for the historically black colleges and 

21   universities; and 

22                "WHEREAS, After his retirement from 

23   Congress, Major Owens returned to the world of 

24   academia and taught at Medgar Evers College in 

25   Central Brooklyn; in his death, Brooklyn has lost 


                                                               96

 1   a true hero who led by example and cared deeply 

 2   for the community he lived in for so many years; 

 3   and 

 4                "WHEREAS, Congressman Major Owens 

 5   distinguished himself in his profession and by 

 6   his sincere dedication and substantial 

 7   contribution to the welfare of his community; and 

 8                "WHEREAS, Mr. Owens is survived by 

 9   his wife, Maria, his children, Chris, Millard and 

10   Geoffrey, his brothers, Ezekiel Jr., Mack and 

11   Bobby, his sister, Edna, stepson, Carlos,  

12   stepdaughter, Cecilia, four grandchildren and 

13   four step-grandchildren; and 

14                "WHEREAS, Armed with a humanistic 

15   spirit and imbued with a sense of compassion, 

16   Congressman Major Owens leaves behind a legacy  

17   which will long endure the passage of time and 

18   will remain as a comforting memory to all he 

19   served and befriended; now, therefore, be it 

20                "RESOLVED, That this Legislative 

21   Body pause in its deliberations to mourn the 

22   death of Congressman Major Robert Odell Owens,  

23   distinguished citizen and devoted member of his 

24   community; and be it further 

25                "RESOLVED, That a copy of this 


                                                               97

 1   resolution, suitably engrossed, be transmitted to 

 2   the family of Congressman Major Robert Odell 

 3   Owens."

 4                ACTING PRESIDENT VALESKY:   Senator 

 5   Parker on the resolution.

 6                SENATOR PARKER:   Thank you, 

 7   Mr. President.  On the resolution.

 8                I want to thank you for an 

 9   opportunity to celebrate the work and all of the 

10   efforts of my Congressman, Major Owens.  Growing 

11   up, Major Owens was my Congressman.  He was the 

12   person, you know, who spoke at my graduations and 

13   somebody who I knew to be fighting for me.  He 

14   was a person that my family went to when we were 

15   having difficulties of any kind, and someone who 

16   we felt was always on call.  

17                How appropriate is it that today, 

18   being the week of the birth of the Reverend 

19   Martin Luther King, that we have the opportunity 

20   here in the State Senate to honor Major Owens, 

21   Dr. King, and Nelson Mandela.  And it is no small 

22   stretch to put Major Owens in that category.  

23   This is somebody who in his own right was the 

24   conscience of the Congress in the time that he 

25   served there.  


                                                               98

 1                He was a tireless fighter on behalf 

 2   of education, coming from -- you know, we see 

 3   oftentimes a librarian as just a keeper of 

 4   books.  But he was more than that, he was a 

 5   keeper of knowledge.  He was somebody who always 

 6   cared about our young people.  And in fact he's 

 7   most famous in the district for his Martin Luther 

 8   King, Jr., Commission that gave out scholarships 

 9   to young people, that provided educational 

10   opportunities for young people, that provided 

11   upliftment in the community and brought economic 

12   development and access to opportunity.

13                Major Owens was somebody also in the 

14   context of political empowerment who was always 

15   on the vanguard.  He was somebody who encouraged 

16   young people like myself to be involved in 

17   politics, who oftentimes fought for candidates 

18   that nobody else wanted to fight for.  He was 

19   oftentimes on the side of the underdog.  

20                In fact, representing the 

21   21st Senatorial District in Brooklyn that is a 

22   primarily Caribbean community in the part in 

23   which I live, I remember my first political 

24   campaign working for Una Clarke, Una S.T. Clarke. 

25   And Una was running as an insurgent candidate at 


                                                               99

 1   the time.  And the county was against her, and 

 2   the only major elected official in that area, who 

 3   lived in that area who was supporting Una Clarke 

 4   was Major Owens.  

 5                Unfortunately, in 1991 he suffered a 

 6   heart attack and had a triple or quadruple 

 7   bypass.  It was like, you know, a really, really 

 8   serious heart operation.  He was in the hospital 

 9   for about a week.  And I remember this because I 

10   went and got him myself, he went directly from 

11   the hospital when they released him to do a train 

12   stop for Una Clarke.  

13                That's the kind of dedication that 

14   this man had, that his health wasn't even as 

15   important as was the fight for justice and the 

16   fight for inclusion, as we saw that the election 

17   of Una Clarke as the first Caribbean immigrant 

18   ever elected to the City Council was for the 

19   political incorporation of Caribbean people in 

20   Brooklyn and in New York.  

21                And how fitting is it now that that 

22   Caribbean immigrant's daughter is now succeeding 

23   Major Owens in the U.S. Congress, my new 

24   Congresswoman, Yvette D. Clarke.  

25                And so we're here to celebrate not 


                                                               100

 1   just the work and the life of Major Owens, but 

 2   his after, the things that he has left behind:  

 3   The sense of justice, the institutions, the sense 

 4   of political empowerment that Brooklyn has 

 5   because Major Owens was there.  We are better as 

 6   a people, as Brooklynites, and as New Yorkers 

 7   because Major Owens served.

 8                ACTING PRESIDENT VALESKY:   Thank 

 9   you, Senator Parker.

10                Senator Smith on the resolution.

11                SENATOR SMITH:   Thank you very 

12   much, Mr. President.  

13                And let me thank my colleague 

14   Senator Parker for bringing this resolution to 

15   the floor today.  

16                As so many of my colleagues spoke so 

17   eloquently about Nelson Mandela yesterday and 

18   today, Major Owens so too deserves those same 

19   type of accolades.  Many may not realize that 

20   Major Owens has had an impact on many of the 

21   elected officials in particular of color that sit 

22   in this chamber and the Assembly chamber.  

23                As we have, so many of us on this 

24   side of the aisle have joined the fight to 

25   provide pre-K for our young people today, 


                                                               101

 1   Major Owens took up that fight for community 

 2   action programs back in the '60s and the '70s.  I 

 3   myself had the ability to go to Washington, and 

 4   it was Major Owens who decided to take up that 

 5   fight when so many of our community action 

 6   programs were being threatened.

 7                To some of my colleagues community 

 8   action programs may not mean a lot, but in the 

 9   neighborhoods of Southeast Queens and in Bed-Stuy 

10   and Harlem, community action programs are the 

11   difference between being caught up and being sent 

12   to jail or in some negative activity, or being 

13   able to sit in this chamber and advocate for 

14   opportunities for young people to come forward 

15   this day.

16                Senator Parker laid out all the 

17   facts that need to be presented on behalf of 

18   Congressman Major Owens.  I stand today not only 

19   to support the resolution but to make sure that 

20   my colleagues take the time, when you have an 

21   opportunity to Google Senator or Congressman 

22   Major Owens, do so.  Read the rich history that 

23   he has contributed to, and I guarantee you you 

24   will find some nexus between his life and yours 

25   that would allow you at some point in time to not 


                                                               102

 1   only pray for his family but also to thank God 

 2   for the presence and the impact that he had on 

 3   our state and our city.

 4                Thank you very much, Mr. President.

 5                ACTING PRESIDENT VALESKY:   Thank 

 6   you, Senator Smith.  

 7                The question is on Resolution 2758.  

 8   But before that, Senator Montgomery would like to 

 9   speak on the resolution.

10                SENATOR MONTGOMERY:   Yes, thank 

11   you, Mr. President.  

12                I rise to also thank my colleague 

13   Senator Parker for introducing this resolution.  

14                But I just want to correct the 

15   record for this moment.  Congressman Major Owens 

16   was my congressman.  

17                (Laughter.)

18                SENATOR MONTGOMERY:   And long, long 

19   before I came to Albany as an elected official, 

20   as an advocate in the community working on behalf 

21   of children and families in Brooklyn and across 

22   the state, it was Senator Major Owens that was 

23   our go-to legislator in the State Legislature.  

24                And he was not only the person who 

25   supported us and sponsored legislation on our 


                                                               103

 1   behalf, but he also taught us how to be effective 

 2   leaders as it relates to working and advocating 

 3   for our communities.

 4                And let me just say that Major Owens 

 5   was a Morehouse man.  And so every time the 

 6   Morehouse choir came to Brooklyn, wherever they 

 7   were, if Major Owens was in the audience he would 

 8   dutifully get up and go and join the choir.  So I 

 9   was very, very touched by that because not many 

10   people feel that strongly about their alma mater.

11                But as the parent of a Morehouse 

12   young person, one of the things that the 

13   president of the college said to my son's class 

14   as he was entering Morehouse was that "We did not 

15   bring you to Morehouse to be an intellectual 

16   elite.  We are here to teach you and to prepare 

17   you to be leaders of your people."  

18                And I was extremely, extremely 

19   touched by that because as I look at Major Owens, 

20   I can see what Morehouse means to the young 

21   people in this nation, especially young men of 

22   color.  He exhibited that.  He was in every 

23   single way the person that I believe the 

24   president of Morehouse was talking about.  He was 

25   truly a Morehouse man.  


                                                               104

 1                And I appreciate that because of so 

 2   much that he meant not only to me personally, but 

 3   to the people that I worked with.  Those of us 

 4   who have been part of a struggle, we did not 

 5   always know how to access power.  He was there 

 6   for us to help us understand and open the doors.  

 7   So I thank him, I praise him, and I also praise 

 8   Morehouse.  

 9                Thank you.

10                ACTING PRESIDENT VALESKY:   Thank 

11   you, Senator Montgomery.

12                Senator Perkins on the resolution.

13                SENATOR PERKINS:   Thank you very 

14   much.  

15                I want to be brief because I just 

16   wanted to, for the record, let it be clear that 

17   Major Owens was the congressman from Brooklyn.  

18   He spent a lot of time with us in Harlem.  

19                (Laughter.)

20                SENATOR PERKINS:   And it was good 

21   time, because when we were struggling around 

22   hospital closings and anti-poverty programs 

23   closing, he was always available.  And he was a 

24   role model for some of us who were looking 

25   forward to getting involved in community 


                                                               105

 1   activism.  

 2                And so I just wanted to let it be 

 3   known that we appreciate him as if he was one of 

 4   our congressmen as well.

 5                ACTING PRESIDENT VALESKY:   Thank 

 6   you, Senator Perkins.

 7                The question now is on Resolution 

 8   Number 2758.  All in favor signify by saying aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT VALESKY:   Opposed, 

11   nay.

12                (No response.)

13                ACTING PRESIDENT VALESKY:   The 

14   resolution is adopted.

15                Senator Libous.

16                SENATOR LIBOUS:   Thank you, 

17   Mr. President.  

18                I believe that Senator Perkins would 

19   like to open this resolution up?  Senator 

20   Parker.  The other Senator Perkins, yes.  Senator 

21   Parker would like to open this resolution up.  

22                And as the policy goes, if you 

23   choose not to go on the resolution, please let 

24   the desk know.

25                ACTING PRESIDENT VALESKY:   The 


                                                               106

 1   resolution is open for cosponsorship.

 2                Senator Libous.

 3                SENATOR LIBOUS:   Mr. President, is 

 4   there any further business at the desk at this 

 5   time?

 6                ACTING PRESIDENT VALESKY:   There is 

 7   no further business.

 8                SENATOR LIBOUS:   There being no 

 9   further business, I move that the Senate adjourn 

10   to January 22nd at 3:00 p.m., intervening days 

11   being legislative days.

12                ACTING PRESIDENT VALESKY:   On 

13   motion, the Senate stands adjourned until 

14   Wednesday, January 22nd, at 3:00 p.m., 

15   intervening days being legislative days.

16                (Whereupon, at 11:55 a.m., the 

17   Senate adjourned.)

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