Regular Session - March 4, 2014

                                                                   531

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 4, 2014

11                     3:41 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DIANE SAVINO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               532

 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 please 

 5   rise with me and recite the Pledge of Allegiance.  

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT SAVINO:   In the 

 9   absence of clergy, may we all please bow our 

10   heads in a moment of silence.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT SAVINO:   The 

14   reading of the Journal.  

15                The Secretary will read.

16                THE SECRETARY:   In Senate, Monday, 

17   March 3rd, the Senate met pursuant to 

18   adjournment.  The Journal of Sunday, March 2nd, 

19   was read and approved.  On motion, Senate 

20   adjourned.

21                ACTING PRESIDENT SAVINO:   Without 

22   objection, the Journal stands approved as read.

23                Presentation of petitions.

24                Messages from the Assembly.

25                Messages from the Governor.


                                                               533

 1                Reports of standing committees.

 2                Report of select committees.

 3                Communications and reports from 

 4   state officers.

 5                SENATOR LIBOUS:   Madam President, 

 6   could I ask for -- let's wait for the people 

 7   to -- the door's open, it's a little loud.  If we 

 8   could just wait for people to file in and out.  

 9   And then that way we can hear you.  

10                Because I can't speak for everybody 

11   in the chamber, but as I get a little younger I 

12   find that hearing is a little bit more of a 

13   difficulty.  And especially when that back door 

14   is open, so -- and I want very much to hear what 

15   you have to say.

16                Could we have the doors closed, 

17   please, members in the house.  Members in the 

18   house.

19                Thank you, Madam President.  If you 

20   would proceed at this time.

21                ACTING PRESIDENT SAVINO:    

22   Communications and reports from state officers.

23                Motions and resolutions.  

24                Senator Libous.

25                SENATOR LIBOUS:   Thank you, 


                                                               534

 1   Madam President.  

 2                I have a motion, and I'm the only 

 3   one, I'm told.  So on behalf of Senator Seward, 

 4   on page 16 I offer the following amendments to 

 5   Calendar Number 123, Senate Print 6408A, and ask 

 6   that said bill retain its place on the Third 

 7   Reading Calendar.

 8                ACTING PRESIDENT SAVINO:   So 

 9   ordered.

10                SENATOR LIBOUS:   At this time, 

11   Madam President, may we please adopt the 

12   Resolution Calendar, with the exception of 

13   Resolutions 3556 and 3679.

14                ACTING PRESIDENT SAVINO:   All those 

15   in favor of adopting the Resolution Calendar, 

16   with the exceptions of Resolutions 3556 and 3679, 

17   signify by saying aye.

18                (Response of "Aye.")

19                ACTING PRESIDENT SAVINO:   Opposed, 

20   nay.

21                (No response.)

22                ACTING PRESIDENT SAVINO:   The 

23   Resolution Calendar is adopted.

24                Senator Libous.

25                SENATOR LIBOUS:   Thank you, 


                                                               535

 1   Madam President. 

 2                At this time I would call an 

 3   immediate meeting of the Committee on Racing and 

 4   Wagering in Room 332.  That's an immediate 

 5   meeting on Racing and Wagering in Room 332.  And 

 6   then that would be followed immediately by a 

 7   Finance Committee meeting.  

 8                In the meantime, the Senate will 

 9   take up resolutions.  Therefore, no members who 

10   are at either the Finance or the Racing meeting 

11   will be missing any activity, because they will 

12   be here in spirit.

13                So if we would have the Racing 

14   meeting, and then followed by Finance Committee, 

15   and in a minute we'll proceed with resolutions.

16                ACTING PRESIDENT SAVINO:   There is 

17   an immediate meeting of the Racing, Gaming and 

18   Wagering Committee in Room 332, followed by an 

19   immediate meeting of the Senate Finance 

20   Committee.  

21                Senator Libous.  

22                SENATOR LIBOUS:   All right, I 

23   believe the members have filed to their committee 

24   meeting.  

25                At this time there's a resolution by 


                                                               536

 1   Senator Bonacic, Number 3679, at the desk.  

 2   Please read the title, and we'll move for its 

 3   immediate adoption.

 4                ACTING PRESIDENT SAVINO:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Legislative 

 7   Resolution Number 3679, by Senator Bonacic, 

 8   memorializing Governor M. Andrew Cuomo to 

 9   proclaim March 2014 as Developmental Disabilities 

10   Awareness Month in the State of New York, in 

11   conjunction with the observance of National 

12   Developmental Disabilities Awareness Month.

13                ACTING PRESIDENT SAVINO:   The 

14   question is on the resolution.  All in favor 

15   signify by saying aye.

16                (Response of "Aye.")

17                ACTING PRESIDENT SAVINO:   Opposed, 

18   nay.

19                (No response.)

20                ACTING PRESIDENT SAVINO:   The 

21   resolution is adopted.

22                Senator Libous.

23                SENATOR LIBOUS:   Thank you, 

24   Madam President.  

25                Senator Bonacic would like to open 


                                                               537

 1   this resolution up to all members.  And as the 

 2   policy goes, your name will be posted on the 

 3   resolution unless for some reason you wish not to 

 4   be on it.  And if that's the case, please let the 

 5   desk know.

 6                ACTING PRESIDENT SAVINO:   The 

 7   resolution is open for cosponsorship.  Again, if 

 8   you do not wish to be a cosponsor, please notify 

 9   the desk.

10                Senator Libous.

11                SENATOR LIBOUS:   Thank you, 

12   Madam President.  

13                I believe there's a resolution at 

14   the desk by Senator Kennedy, Number 3556.  Please 

15   read the title, and I believe you can call on 

16   Senator Kennedy before its adoption.

17                ACTING PRESIDENT SAVINO:   The 

18   Secretary will read.

19                THE SECRETARY:   Legislative 

20   Resolution Number 3556, by Senator Kennedy, 

21   commending Sergeant Major William J. Webb, a 

22   veteran of the 555th "Triple Nickles" Infantry 

23   Battalion, for his distinguished military 

24   service, in observance of the 70th Anniversary of 

25   this First All-Black Airborne Unit and its 


                                                               538

 1   members' many contributions to the United States 

 2   of America.

 3                ACTING PRESIDENT SAVINO:   Senator 

 4   Kennedy on the resolution.

 5                SENATOR KENNEDY:   Thank you, 

 6   Madam President.  

 7                I rise today to honor Sergeant 

 8   Major William Webb and to remember the 

 9   contributions of all those who serve or have 

10   served our country.

11                Sergeant Major Webb is a veteran of 

12   the 555th "Triple Nickles" Infantry Battalion.  

13   And today we commend him for the distinguished 

14   military service he has given to this country.  

15                This honor also comes in observance 

16   of the 70th anniversary of the first all-black 

17   airborne unit, the 555th Parachute Infantry 

18   Battalion, which was first activated in 1944 

19   during World War II.  

20                Sergeant Major Webb and the 555th 

21   truly merit the recognition of this legislative 

22   body for their courageous service and many 

23   sacrifices which played a significant role in 

24   black history and the history of our great 

25   nation.  


                                                               539

 1                Sergeant Major William Webb, a 

 2   native of Buffalo, was born in June of 1925.  At 

 3   the age of 16, Webb changed his age to 18 so he 

 4   could enlist in the Army.  Webb began his tour of 

 5   duty as part of the 520th Truck Regiment, 

 6   transporting ammunition, fuel and food supplies 

 7   to the front.  These shipments were instrumental 

 8   in the Allied advance through Western Europe in 

 9   1944.  

10                After the Battle of the Bulge, 

11   Sergeant Major Webb was invited to join the first 

12   all-black parachute unit, the "Triple Nickles," 

13   the 555th Infantry Battalion.  The "Triple 

14   Nickles" served in more airborne operations 

15   during both war and peacetime than any other 

16   group in the history of the United States.  They 

17   kept watch and guarded the lands of the American 

18   Northwest.  

19                At the time, the Japanese were 

20   taking advantage of the jet stream to float 

21   incendiary devices across the Pacific to try to 

22   start forest fires.  The "Triple Nickles" would 

23   bravely jump into the burning forest to seek out 

24   and extinguish these so-called balloon bombs.  

25                The 555th "Triple Nickles" Infantry 


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 1   Battalion was disbanded in 1950 as military 

 2   segregation was ending, due in great part to 

 3   their valiant service.  Members of the unit 

 4   continued to serve their country in the 

 5   Korean War and beyond, and their place in history 

 6   is well-secured.  

 7                Retiring from the military in 1974, 

 8   after 32 years of honorable service, Sergeant 

 9   Major William Webb is justly deserving of praise 

10   for the bravery, heroism and true grit he 

11   displayed in service to our nation.  

12                It is with great respect that we pay 

13   tribute today to this remarkable man who so 

14   courageously served this state and this nation in 

15   defense of freedom and democracy.

16                We commend Sergeant Major Webb and 

17   all of the brave men who served and sacrificed as 

18   part of the "Triple Nickles" Infantry Battalion, 

19   and we say thank you to those men and women who 

20   have made the ultimate sacrifice and to all 

21   veterans and active-duty service members who have 

22   given so much of themselves on behalf of New York 

23   State and the United States of America.  

24                Thank you, Madam President.

25                ACTING PRESIDENT SAVINO:   Thank 


                                                               541

 1   you, Senator Kennedy.  

 2                Are there any other members wishing 

 3   to be heard on the resolution?  

 4                Seeing none, the question is on the 

 5   resolution.  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   resolution is adopted.

13                Senator Libous.

14                SENATOR LIBOUS:   Thank you, 

15   Madam President.  

16                I believe that Senator Montgomery 

17   has a previously adopted resolution, Number 3329, 

18   which is at the desk.  Could we have the title 

19   read and call on Senator Montgomery.

20                ACTING PRESIDENT SAVINO:   The 

21   Secretary will read.

22                THE SECRETARY:   Legislative 

23   Resolution Number 3329, by Senator Montgomery, 

24   commending Elizabeth Gaynes upon the occasion of 

25   being honored in conjunction with Women's History 


                                                               542

 1   Month 2014 in the State of New York.

 2                ACTING PRESIDENT SAVINO:   Senator 

 3   Montgomery on the resolution.

 4                SENATOR MONTGOMERY:   Thank you, 

 5   Madam President.

 6                I rise today to pay a special 

 7   tribute to one of those women in our state that I 

 8   consider to be a phenomenal woman.  

 9                And I say that because Elizabeth 

10   Gaynes represents to us, as women in our state, 

11   and to so many people, especially young people, 

12   people who are incarcerated and their families, 

13   she represents a person who has been totally 

14   committed to making sure that they are 

15   acknowledged and that their rights and that their 

16   interests are spoken of and are represented in 

17   this state, in government as well as in our 

18   prison system.

19                Elizabeth Gaynes is an attorney 

20   herself, and she has been for the last 28 years 

21   the executive director of the Osborne 

22   Association.  The Osborne Association was 

23   established in 1933 as a major advocacy 

24   organization representing the interests of 

25   incarcerated people and their families.


                                                               543

 1                As executive director of this 

 2   organization, Liz Gaynes has become a significant 

 3   voice on behalf especially of children, young 

 4   people, families whose parents are incarcerated 

 5   or formerly incarcerated, trying to help those 

 6   young people maintain as much as possible a 

 7   wholesome and productive and progressive life.

 8                She is a committed person who has 

 9   never turned away from her interest and her 

10   determination that we should not forget those who 

11   are the least among us.  She is widely known and 

12   has gained international recognition for her 

13   efforts.  

14                In 2004, for instance, she along 

15   with her daughter, Emani Davis, was the first 

16   American to be nominated for the prestigious 

17   international award, World's Children's Prize for 

18   the Rights of the Child, for their work, she and 

19   her daughter, for their work defending the 

20   children of prisoners.  

21                So it is my privilege and honor 

22   today to rise to honor this woman who has given 

23   so much of her own life, her own skills as an 

24   attorney, and that she epitomizes to me and to 

25   all of us, in this month as we acknowledge 


                                                               544

 1   women's history, she epitomizes the values of 

 2   character, courage and commitment in her 

 3   unwavering service to her peers, to colleagues, 

 4   and to fellow citizens, and especially to the 

 5   children and families of incarcerated people in 

 6   our state.

 7                Thank you, Madam President, for 

 8   allowing me to honor this essentially very, very 

 9   outstanding and committed woman in 2014.  

10                Thank you.

11                ACTING PRESIDENT SAVINO:   Thank 

12   you, Senator Montgomery.

13                Senator Rivera on the resolution.

14                SENATOR RIVERA:   Thank you, 

15   Madam President.  

16                When I came into the Senate in 2011, 

17   I was named as the ranking member in the Crime 

18   Victims, Crime and Corrections Committee.  I now 

19   serve as the ranking member in the Health 

20   Committee.  But when I started serving in that 

21   committee a couple of years ago, I started to 

22   reach out to organizations that had done work in 

23   criminal justice because I wanted to learn about 

24   the issues from people that had been working on 

25   this for a very long time.  


                                                               545

 1                And I remember the first time that I 

 2   met Liz Gaynes.  She came into my office with 

 3   some of her staff members, and we talked for 

 4   about an hour and a half about all sorts of 

 5   things, not just criminal justice.  

 6                It was, I should mention, from that 

 7   first conversation where she mentioned an idea 

 8   for the Fulton Correctional Facility in the Bronx 

 9   that eventually we managed last year, through the 

10   efforts of folks in this body as well as the 

11   Governor's office, to take the Fulton 

12   Correctional Facility and transfer it to the 

13   Osborne Association for a future project which 

14   would be an unprecedented and first-of-its-kind 

15   reentry facility in the Bronx.  We're still 

16   working on that.  But that stemmed from that 

17   first conversation.  

18                And that conversation of an hour and 

19   a half really told me so much of what I needed to 

20   know about who Liz Gaynes is.  Somebody who is 

21   incredibly knowledgeable, incredibly passionate, 

22   knows more than anybody else that I know about 

23   criminal justice, and somebody who cares, truly, 

24   about incarcerated folks.

25                She also cares about the victims, 


                                                               546

 1   let there be no doubt about that.  But she cares 

 2   about those folks that are incarcerated and 

 3   making sure that they can become productive 

 4   members of society again.

 5                And I can certainly say that in the 

 6   time that I've had working with her, we have 

 7   become friends.  As a matter of fact, we joke 

 8   because there are so many Elizabeths in my 

 9   professional life, whether it's Liz Krueger or 

10   Liz Gaynes, many.  So I call her "Second," 

11   because Liz Krueger is first, she's second, and 

12   many other Elizabeths in my life.  

13                But we talk constantly, and she has 

14   taught me a lot about the criminal justice 

15   system, certainly about issues of legislation 

16   that deal with formerly incarcerated individuals.  

17   And I look forward to the work that we will do 

18   for many years to come.  

19                Because again, Senator Montgomery 

20   was exactly right; she is exactly the type of 

21   exemplary woman that we need to be recognizing.  

22   Because in her field, in her area of expertise, 

23   she is an unparalleled professional and she adds 

24   much to the conversation.  And she's also a great 

25   woman.  And I am very happy to be her friend and 


                                                               547

 1   very happy to be standing on the floor of the 

 2   Senate honoring her today.  

 3                Thank you, Madam President.

 4                ACTING PRESIDENT SAVINO:   Thank 

 5   you, Senator Rivera.

 6                Are there any other members wishing 

 7   to be heard on the resolution?  

 8                Seeing none, this resolution was 

 9   previously adopted on February 4th.

10                Senator Libous.

11                SENATOR LIBOUS:   Thank you, 

12   Madam President.  

13                I believe there's another previously 

14   adopted resolution by Senator Montgomery, Number 

15   3337.  It's at the desk.  Could we ask that the 

16   title be read and call on Senator Montgomery.

17                ACTING PRESIDENT SAVINO:   The 

18   Secretary will read.

19                THE SECRETARY:   Legislative 

20   Resolution Number 3337, by Senator Montgomery, 

21   commending Reverend Vivian Nixon upon the 

22   occasion of being honored in conjunction with 

23   Women's History Month 2014 in the State of 

24   New York.

25                ACTING PRESIDENT SAVINO:   Senator 


                                                               548

 1   Montgomery.

 2                SENATOR MONTGOMERY:   Thank you, 

 3   Madam President.

 4                I rise again to honor another one of 

 5   those phenomenal women.  This one is Reverend 

 6   Vivian Nixon.  

 7                Reverend Nixon has been known to me 

 8   for a number of years as an absolutely dedicated 

 9   and determined advocate -- again, in the 

10   interests of women in particular, but people in 

11   general who are incarcerated and their families.

12                She is one of those people who works 

13   to try and make sure that people, once they 

14   return to their communities, that they are able 

15   to actually survive and become successful 

16   citizens on the outside once they have served 

17   their terms.  

18                Having been incarcerated herself, 

19   she fully understands how difficult it is and 

20   what is required, what kinds of supports are 

21   required in order for people to be successful.

22                Reverend Vivian Nixon is an 

23   impassioned advocate for access to higher 

24   education, which she has defined and determined 

25   as being critical to allowing an opportunity for 


                                                               549

 1   people, especially women, to have a successful 

 2   return to their families and their communities.  

 3                With a background in both the 

 4   corporate and nonprofit sectors, Reverend Nixon 

 5   is currently the executive director of an 

 6   organization, College and Community Fellowship.  

 7   This organization is committed to removing 

 8   individual and structural barriers to higher 

 9   education for women with criminal records.  And 

10   she has earned a bachelor of science degree from 

11   the State University of New York, the Empire 

12   State College.

13                She is a woman of faith.  She is an 

14   ordained local deacon in the African Methodist 

15   Episcopal Church, and she serves as an associate 

16   minister at Mt. Zion African Methodist Episcopal 

17   Church in New York City.  

18                She gives of herself unstintingly, 

19   both as an advocate around legislation and policy 

20   as well as spending much time with community 

21   organizations to offer leadership, to help people 

22   design programs and other activities which she 

23   feels are important toward helping people 

24   successfully reenter their society.

25                She is herself one of the members of 


                                                               550

 1   the board of directors of the Fortune Society, 

 2   and she is a cofounder of the Education Inside 

 3   Out Coalition, which is a collaborative effort to 

 4   increase access to higher education for 

 5   justice-involved students.

 6                So I am very, very honored to take 

 7   this opportunity, this month in particular, to 

 8   honor this what I consider to be another 

 9   phenomenal woman who has used her own experience 

10   and herself, her energy and her skills, to 

11   demonstrate the power of a woman who is committed 

12   to making a change in this society that reflects 

13   the best of what our society offers to people no 

14   matter where their walk of life has led them.

15                So thank you, Madam President, for 

16   this opportunity.  And I am so thankful that we 

17   pause today to express our gratitude and our 

18   congratulations to Reverend Vivian Nixon, a 

19   phenomenal woman in New York State.

20                Thank you.

21                ACTING PRESIDENT SAVINO:   Thank 

22   you, Senator Montgomery.  

23                This resolution also was previously 

24   adopted on February 4th of 2014.

25                Senator Libous.


                                                               551

 1                SENATOR LIBOUS:   Madam President, 

 2   the Senate will stand at ease pending the report 

 3   of the Finance Committee.

 4                ACTING PRESIDENT SAVINO:   The 

 5   Senate will stand at ease pending the return of 

 6   the Finance Committee.

 7                (Whereupon, the Senate stood at ease 

 8   at 4:03 p.m.)

 9                (Whereupon, the Senate reconvened at 

10   4:46 p.m.)

11                ACTING PRESIDENT SAVINO:   The 

12   Senate will please come to order.  

13                Senator Libous.

14                SENATOR LIBOUS:   Thank you, 

15   Madam President.  

16                I believe there's a report of the 

17   Finance Committee at the desk.

18                ACTING PRESIDENT SAVINO:   There is 

19   a report of the Finance Committee.  

20                The Secretary will read.

21                THE SECRETARY:   Senator 

22   DeFrancisco, from the Committee on Finance, 

23   reports the following nomination:  

24                As member and chair of the State of 

25   New York Gaming Commission, Mark D. Gearan, of 


                                                               552

 1   Geneva. 

 2                ACTING PRESIDENT SAVINO:   Senator 

 3   DeFrancisco.

 4                SENATOR DeFRANCISCO:   Thank you.  

 5                I rise to move the nomination of 

 6   Mark D. Gearan from the city of Geneva, New York, 

 7   for the position of chairperson and member of the 

 8   New York State Gaming Commission.  He appeared 

 9   before the Senate Racing, Gaming and Wagering 

10   Committee as well as the Finance Committee, was 

11   unanimously recommended by both.  

12                And I just want to say briefly, and 

13   then I'll turn it over to Senator Bonacic, that 

14   the Governor again made an outstanding 

15   nomination.  

16                And my only question of the nominee 

17   was -- and I've asked him privately, and I've 

18   asked him during the hearing -- was why, with all 

19   your accomplishments, with your current position, 

20   why you'd want to do it.  Because it isn't an 

21   easy job.  I figured out it wasn't the money, 

22   because it's $300 per meeting, I think it is, 

23   something like that.  And that wouldn't do it.  

24                And he said it very clearly, two 

25   words:  "Public service."  And judging from his 


                                                               553

 1   record, he is a person of integrity, of good 

 2   judgment, and he will make a great chairperson of 

 3   this important commission.

 4                With that said, I would ask you to 

 5   recognize Senator Bonacic to second the 

 6   nomination.

 7                ACTING PRESIDENT SAVINO:   Senator 

 8   Bonacic to second the nomination.

 9                SENATOR BONACIC:   Thank you, 

10   Madam President.  

11                I rise to also support the 

12   nomination of Mark Gearan for chairman of the 

13   Gaming Commission.

14                In our committee meeting, questions 

15   came up that he lacked background in gaming 

16   experience.  That's not what's needed for this 

17   job.  What's needed for this job, and I commend 

18   Governor Cuomo for putting this gentleman 

19   forward, is qualities of integrity, honesty, 

20   management skills and good character.  

21                And of course there will be a 

22   learning curve, getting familiar with his 

23   colleagues on this commission, getting familiar 

24   with the language.  And I have no doubt in my 

25   mind that as he's an accomplished individual, an 


                                                               554

 1   attorney, it's not going to take him very long to 

 2   be up to speed with everything.

 3                So I'm here to second the 

 4   nomination, and I want to thank you very much, 

 5   Madam President.

 6                ACTING PRESIDENT SAVINO:   Thank 

 7   you, Senator Bonacic.

 8                Senator Nozzolio on the nomination.  

 9                SENATOR NOZZOLIO:   Thank you, 

10   Madam President.  On the nomination.  

11                I rise with a great amount of 

12   happiness that Governor Cuomo would choose a 

13   candidate for this very important position with 

14   the highest levels of integrity.

15                That Senator DeFrancisco's question 

16   can be answered very clearly, that Mark Gearan 

17   has dedicated his life to public service, has 

18   been involved in a number of governmental 

19   positions of importance.  And of course one of 

20   his favorite positions has been the ultimate of 

21   public service, and that is to direct the public 

22   servants who are involved in the Peace Corps 

23   worldwide.

24                Mark Gearan decided to come to 

25   New York after that experience for two reasons.  


                                                               555

 1   The first was to head the Colleges of Hobart and 

 2   William Smith -- they're located in the Central 

 3   Finger Lakes in Geneva, New York -- as well as, 

 4   and this is in priority the most important, to 

 5   raise his family.  

 6                He and his wife Mary have two lovely 

 7   daughters.  They chose to educate those daughters 

 8   in the public schools of Geneva, New York, and 

 9   they've raised fine young ladies who are 

10   themselves growing in accomplishment each and 

11   every year.  

12                Of all the university and college 

13   presidents that I have ever had the opportunity 

14   to work with, I can honestly say that Mark Gearan 

15   is by far the most community-spirited of those 

16   individuals.  

17                Every college president and 

18   university president is concerned about their 

19   institution, as they need to be.  Mark Gearan 

20   shares that concern and has moved Hobart and 

21   William Smith into great directions.  But he has 

22   always kept his eye on the fact that as the 

23   community that is the situs, is the home of the 

24   colleges he represents, that that community is 

25   given back to ensure that the better the 


                                                               556

 1   community, the better the college experience.  

 2                President Gearan has encouraged his 

 3   students, his faculty, his administration to be 

 4   involved in every aspect of the community in 

 5   terms of service in the greater Geneva area.  His 

 6   record is second to none.  He has done great 

 7   work.  

 8                He has helped the entire Finger 

 9   Lakes region by creating what's called the 

10   Finger Lakes Institute at the Colleges of Hobart 

11   and William Smith, an institute that's designed 

12   to help preserve, protect and promote the 

13   greatest natural resources we have in upstate 

14   New York, and that's the beautiful Finger Lakes 

15   region.  

16                But above all, and the reason why 

17   this appointment is so well taken, is so well 

18   deserved and is so well placed, is that in an 

19   important role in government an individual must 

20   possess the highest levels of integrity.  There 

21   is no doubt that Mark Gearan possesses those 

22   levels, that he has exceeded all standards and is 

23   a man of genuine integrity.  

24                That's, Madam President, why with 

25   great pride that I rise in support of this 


                                                               557

 1   nomination.  I know he will serve the taxpayers 

 2   of the State of New York extremely well.  I move 

 3   the nomination.  

 4                ACTING PRESIDENT SAVINO:   Thank 

 5   you, Senator Nozzolio.  

 6                Are there any other members wishing 

 7   to be heard on the nomination?

 8                Seeing none, the question is on the 

 9   nomination of Mark D. Gearan as member and chair 

10   of the New York State Gaming Commission.  All in 

11   favor signify by saying aye.

12                (Response of "Aye.")

13                ACTING PRESIDENT SAVINO:   Opposed, 

14   nay.

15                (No response.)

16                ACTING PRESIDENT SAVINO:   The ayes 

17   have it.  

18                Mark Gearan is here in the chamber.  

19                You are hereby confirmed as member 

20   and chair of the New York State Gaming 

21   Commission.

22                (Applause.)

23                ACTING PRESIDENT SAVINO:   Senator 

24   Libous.

25                SENATOR LIBOUS:   Thank you, 


                                                               558

 1   Madam President.  

 2                May we move to the noncontroversial 

 3   reading of the calendar.

 4                ACTING PRESIDENT SAVINO:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Calendar Number 69, 

 7   by Senator Maziarz, Senate Print 4004A, an act to 

 8   amend the Public Authorities Law.

 9                ACTING PRESIDENT SAVINO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT SAVINO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT SAVINO:   Senator 

17   Maziarz to explain his vote.

18                SENATOR MAZIARZ:   Thank you very 

19   much, Madam President.  Just very briefly.  

20                Madam President, right now, just as 

21   an example, plumbers, steamfitters, electricians, 

22   members of other trade groups who take years of 

23   training, are licensed to do their trade in the 

24   State of New York, are ignored by NYSERDA when it 

25   comes to requiring these individuals to take 


                                                               559

 1   additional courses in order to do solar, 

 2   geothermal, wind and other renewable energy 

 3   installations in this state under various 

 4   programs that NYSERDA offers.  

 5                These individuals are already 

 6   certified, they're already trained, and they 

 7   should be able to just be able to do it without 

 8   having to go through further training.  

 9                I vote aye.  Thank you, 

10   Madam President.

11                ACTING PRESIDENT SAVINO:   Senator 

12   Maziarz to be recorded in the affirmative.

13                Any other members wishing to explain 

14   their vote?

15                Seeing none, announce the results.

16                THE SECRETARY:   Ayes, 60.

17                ACTING PRESIDENT SAVINO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   105, by Senator Larkin, Senate Print 280A, 

21   Concurrent Resolution of the Senate and Assembly.

22                ACTING PRESIDENT SAVINO:   Call the 

23   roll on the resolution.  

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 60.


                                                               560

 1                ACTING PRESIDENT SAVINO:   The 

 2   resolution is adopted.

 3                THE SECRETARY:   Calendar Number 

 4   149, by Senator Seward --

 5                SENATOR LIBOUS:   Lay the bill aside 

 6   for the day, please.

 7                ACTING PRESIDENT SAVINO:   The bill 

 8   is laid aside for the day.

 9                THE SECRETARY:   Calendar Number 

10   158, by Senator Maziarz, Senate Print 6485, an 

11   act to amend the Public Service Law.

12                ACTING PRESIDENT SAVINO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT SAVINO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT SAVINO:   Announce 

20   the results.

21                THE SECRETARY:   Ayes, 60.

22                ACTING PRESIDENT SAVINO:   The bill 

23   is passed.  

24                Senator Libous, that completes the 

25   reading of the noncontroversial calendar.


                                                               561

 1                SENATOR LIBOUS:   Thank you, 

 2   Madam President.  

 3                Is there any further business at the 

 4   desk?  

 5                ACTING PRESIDENT SAVINO:   There is 

 6   no further business at the desk.

 7                SENATOR LIBOUS:   Madam President, 

 8   there being no further business, I move that the 

 9   Senate adjourn until Wednesday, March 5th, at 

10   3:00 p.m.

11                ACTING PRESIDENT SAVINO:   There 

12   being no further business, the Senate stands 

13   adjourned till Wednesday, March 5th, at 3:00 p.m.

14                (Whereupon, at 4:55 p.m., the Senate 

15   adjourned.)

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