Tuesday, February 23, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 23, 2010 11 5:00 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR NEIL D. BRESLIN, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT BRESLIN: The 3 Senate will please come to order. 4 I ask all to rise and repeat with 5 me the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT BRESLIN: 9 Today's invocation will be provided by 10 Dr. Hector A. Chiesa, bishop of the Church of 11 God in the Bronx. 12 Bishop. 13 BISHOP CHIESA: Thank you. 14 We pray in two languages today, in 15 the language of Cervantes, in the language of 16 Shakespeare. Let's pray together. 17 [In Spanish.] 18 O God of love, we invoke your 19 presence in this great event where the 20 Honorable Senator John Sampson, the Honorable 21 Senator Ruben Diaz, the State Senate, and the 22 Puerto Rican and Latino Caucus has seen fit to 23 celebrate, for the first time in history, the 24 Dominican Heritage Month. 25 Lord, allow Your presence to

Candyco Transcription Service, Inc. 1 saturate this place and bless every 2 legislator. Thank You for your immense love 3 and for all You have been doing for all of us, 4 especially for the 800,000 Dominicans in our 5 Empire State, especially in the City of 6 New York. 7 In this year 2010 I ask, O Lord, to 8 illuminate us so that we can comply with the 9 tasks assigned to us. Allow us to understand 10 that we are your creations and your creatures. 11 Make us in your image, insanguine God. Help 12 us know and fill the needs of our fellow man. 13 Allow us to recognize in our fellow man the 14 divine spark that makes him our brother, his 15 human spark that makes him our friend, his 16 special spark that makes him an individual 17 deserving everyone's respect. 18 Grant us, O God, the ability to 19 satisfy fully each member of our families, to 20 be able to fulfill the citizen's 21 responsibilities of healthy coexistence in our 22 communities and in our state, to comply with 23 our social responsibilities, serving our 24 community efficiently and effectively in our 25 neighborhoods, especially in the City of

Candyco Transcription Service, Inc. 1 New York and the South Bronx. 2 O, Almighty God, please allow this 3 sense of recognition toward our Dominican 4 brothers generate cooperation and solidarity. 5 Move us, Lord, to act to human beings in these 6 troubling times with full hearts. Today, 7 Haiti needs us. Tomorrow, it may be us who 8 are needy. 9 O God, help us to increase our 10 faith, love and charity. And bless America, 11 and bless our Senate. 12 Amen. 13 ACTING PRESIDENT BRESLIN: Thank 14 you, Bishop. 15 The reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Monday, February 22, the Senate met pursuant 19 to adjournment. The Journal of Friday, 20 February 19, was read and approved. On 21 motion, Senate adjourned. 22 ACTING PRESIDENT BRESLIN: 23 Without objection, the Journal stands approved 24 as read. 25 Presentation of petitions.

Candyco Transcription Service, Inc. 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, I 10 have two motions. 11 First, on behalf of Senator Ruth 12 Hassell-Thompson, I move to amend Senate Bill 13 Number 4027A by striking out the amendments 14 made on 11/17, 2009, and restoring it to its 15 original print number 4027. 16 ACTING PRESIDENT BRESLIN: So 17 ordered. 18 SENATOR KLEIN: The second, on 19 behalf of Senator Squadron, on page 13 I offer 20 the following amendments to Calendar Number 21 97, Senate Print Number 3775B, and ask that 22 said bill retain its place on Third Reading 23 Calendar. 24 ACTING PRESIDENT BRESLIN: So 25 ordered.

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Mr. President, 3 will you please recognize Senator Padavan. 4 ACTING PRESIDENT BRESLIN: 5 Senator Padavan. 6 SENATOR PADAVAN: Thank you, 7 Mr. President. 8 On behalf of Senator DeFrancisco, I 9 move that the following bills be discharged 10 from their respective committees and be 11 recommitted with instructions to strike the 12 enacting clause: Senate Bill 1514, 1515, 13 2725, and 2856. 14 ACTING PRESIDENT BRESLIN: So 15 ordered. 16 Senator Klein. 17 SENATOR KLEIN: Mr. President, I 18 believe Senator Sampson has a resolution at 19 the desk. I ask that the resolution be read 20 in its entirety and move for its immediate 21 adoption. 22 ACTING PRESIDENT BRESLIN: 23 Senator Klein, has the resolution been deemed 24 privileged and submitted to the office of the 25 Temporary President?

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Yes, it has, 2 Mr. President. 3 ACTING PRESIDENT BRESLIN: The 4 Secretary will read. 5 THE SECRETARY: By Senator 6 Sampson, legislative resolution calling upon 7 Governor David A. Paterson to immediately 8 abandon his intention to delay the refunding 9 of individual and business income tax 10 overpayments and refund those overpayments 11 with all deliberate speed. 12 "WHEREAS, Governor David A. 13 Paterson announced as recently as February 16, 14 2010, his intention to delay payment of 15 approximately $500 million in personal income 16 tax refunds owed to New York State taxpayers; 17 and 18 "WHEREAS, The hard economic times 19 in which hardworking individuals and families 20 across the state presently find themselves 21 make it critically important for the state to 22 remit personal income tax refunds as 23 expeditiously as possible in order to meet the 24 dire needs of taxpayers struggling to make 25 necessary purchases and meet their financial

Candyco Transcription Service, Inc. 1 obligations; and 2 "WHEREAS, Governor Paterson has 3 also announced his intention to delay payment 4 of approximately $200 million in business tax 5 refunds; and 6 "WHEREAS, Many small and large 7 businesses depend upon the timely receipt of 8 their tax refunds to support the ongoing 9 economic and marketplace activity driving 10 their loyal and regional economies; and 11 "WHEREAS, The residents, businesses 12 and taxpayers generally in the state have 13 already shared the sacrifices imposed upon 14 them by recent cuts in vital programs; now, 15 therefore, be it 16 "RESOLVED, That this Legislative 17 Body pause in its deliberations to call upon 18 Governor David A. Paterson to immediately 19 abandon his intention to delay the refunding 20 of individual and business income tax 21 overpayments and refund those tax overpayments 22 with all deliberate speed; and be it further 23 "RESOLVED, That a copy of this 24 resolution, suitably engrossed, be transmitted 25 to the Honorable David A. Paterson, Governor

Candyco Transcription Service, Inc. 1 of the State of New York." 2 ACTING PRESIDENT BRESLIN: 3 Senator Winner. 4 SENATOR WINNER: Thank you, 5 Mr. President. On the resolution. 6 I would thank Senator Sampson for 7 introducing this resolution and certainly join 8 with him in the desire on a bipartisan basis 9 that we encourage and are successful in 10 getting the Governor to withdraw any intention 11 of delaying the refunds that are due to the 12 hardworking taxpayers of the State of 13 New York. 14 As some of you may know, I think 15 that there is a better way to do this, 16 however -- a way that is much more effective, 17 and a way that is also being sought on a 18 bipartisan basis. And that is to enact 19 legislation that was introduced and ready for 20 action by this Legislature and the Assembly to 21 require that these refunds be processed in a 22 30-day period and have that legislation in 23 place prior to the Governor being able to 24 undertake these actions to deprive the 25 taxpayers of their hardworking dollars.

Candyco Transcription Service, Inc. 1 You know, I just think that it is 2 unfortunate that, you know, if you are a 3 taxpayer in this state you certainly, if you 4 want to put your shoe on the other foot, you 5 know what happens to you if you delay your 6 payments to the State of New York. They're 7 certainly all over you with interest and 8 penalties as fast as they possibly can get the 9 notice out. 10 All I'm saying here is that if it's 11 true that they can process these things as 12 fast as they're now indicating that they can, 13 that this legislation that would require those 14 refunds to be made within 30 days is a 15 reasonable approach and something that I would 16 hope we could embrace on a bipartisan basis. 17 I see my good friend from the 18 Assembly, my cosponsor of this legislation, is 19 even in the chamber: Assemblyman Brodsky. 20 And I know Assemblyman Brodsky and I would be 21 glad to work together to make sure that this 22 legislative proposal is enacted into law to 23 protect our taxpayers going down the road who 24 need that money, as this resolution points 25 out, ASAP, not only for their own needs and

Candyco Transcription Service, Inc. 1 their bills and as they struggle to make it in 2 this state, but also our economies throughout 3 this state need the infusion of those dollars 4 back as soon as possible. 5 The State of New York should not be 6 able to live off the float of the taxpayers of 7 the State of New York. They should be 8 required to return the money that is duly not 9 theirs as fast as possible. And the 10 legislative proposal under Senate 3985 would 11 do that. 12 And to that end, pursuant to Rule 13 11, Section 3, I have proposed a petition 14 which would seek signatures from the other 15 side of the aisle. All members of this side 16 have duly acknowledged their willingness to 17 join with that. We need 38 members, under our 18 rules, in order to get that bill on the floor. 19 And if we can get any of you over 20 there to be willing to be bipartisan with 21 respect to this issue, sign onto this position 22 petition, we can get this done, and we can 23 have that bill on the floor on Monday and we 24 can make sure that it gets sent down to the 25 Governor as soon as possible to show a real

Candyco Transcription Service, Inc. 1 deliberative effort to make sure that we're 2 not delaying these refunds any longer. 3 Thank you. 4 ACTING PRESIDENT BRESLIN: Thank 5 you, Senator Winner. 6 Senator Marcellino. 7 SENATOR MARCELLINO: Thank you, 8 Mr. President. 9 I too would like to add my voice to 10 thanking Senator Sampson for putting this 11 resolution on the floor. 12 I do endorse my colleague Senator 13 Winner's concept and his idea of a bill, and I 14 think that's a good idea that we should do 15 that in addition. But I think right now I 16 want to see that the overburdened taxpayers of 17 this state, the people who have paid more 18 money to this state than they are required to 19 pay -- this is a refund. This is not our 20 money, this is not the state's money, this is 21 not the government's money, it's not the 22 Governor's money. It's the people's money. 23 They deserve it back. They deserve it back as 24 quickly as possible and without any delays and 25 without any chicanery.

Candyco Transcription Service, Inc. 1 It's got to go back -- this money 2 pays bills. People budget based on their tax 3 refunds. They're waiting for this money at 4 their homes in order to get their refunds and 5 to pay certain bills -- mortgage payments, 6 rent payments, food payments, school payments. 7 Things like that are all due, and this money 8 is used to pay all of those things. 9 So for the Governor to suggest that 10 we should hold this money back -- which as I 11 said earlier is not our money, it's their 12 money. It's the taxpayers' money, it's the 13 people's money, and they should get it back. 14 And once again, Senator Sampson, a 15 good idea, a good resolution. I'm going to 16 vote in favor of it, and I hope everybody else 17 does. 18 And I hope we also support Senator 19 Winner's proposal. It's a good one. Let's 20 make this a law that this cannot ever be done 21 again, that this tax refund should go back to 22 the people as quickly as possible. Because as 23 I said, again, it is not our money, it is the 24 taxpayers' money, and they deserve it back as 25 quickly as possible.

Candyco Transcription Service, Inc. 1 Once again, thank you, sir. Thank 2 you, Mr. President. 3 ACTING PRESIDENT BRESLIN: Thank 4 you, Senator Marcellino. 5 Senator Fuschillo. 6 SENATOR FUSCHILLO: Thank you, 7 Mr. President. 8 Just briefly, let me just thank my 9 colleague Senator Sampson for this resolution. 10 Senator, you've laid the groundwork for a 11 budget this year that can't raise taxes or 12 can't raise fees. And in your resolution you 13 mention refund tax overpayments. That's, as 14 Senator Marcellino said, individuals' money 15 who paid too much in taxes. 16 When the Governor first proposed 17 this, I received so many calls to my office, 18 like many of my colleagues here, from people 19 that were shocked and devastated. They 20 budgeted this money being returned to them. 21 They budget this money to pay their bills, to 22 pay their mortgage and other necessities in 23 everyday life. 24 Senator Winner's bill is important. 25 At a minimum, they should get their refund

Candyco Transcription Service, Inc. 1 within 30 days. I proudly signed that 2 petition, and I encourage my colleagues to do 3 it as well. 4 Senator Sampson, we need keep on 5 this mode, we need to keep on this path and 6 this avenue of an understanding that people 7 are taxed too much, they're fee'd too much. 8 I've said it before, that New York State is 9 taxing and feeing them to death. This 10 resolution is a step in the right direction; I 11 proudly support it. 12 Thank you. 13 ACTING PRESIDENT BRESLIN: Thank 14 you, Senator Fuschillo. 15 Are there any other Senators 16 wishing to be heard on the resolution? 17 Senator Larkin. 18 SENATOR LARKIN: Thank you, 19 Mr. President. Thank you, Senator Sampson. 20 And thank you, Senator Winner. 21 You know, when you get to be my 22 age, you look around and see how people spend 23 their money and watch their money. During our 24 vacation -- our vacation? That's not right. 25 During our slushing home for 10 days, I went

Candyco Transcription Service, Inc. 1 to shopping centers and I went to malls and I 2 went to the store and train stations, getting 3 accustomed, as I always do. And people, 4 number one was taxes. 5 What in God's name is the Governor 6 thinking about? One lady came to me and said, 7 "You know, we have a nice refund coming, but 8 we have to have that money in for our son to 9 attend Lafayette in the fall." Another one 10 said, "We do this every year so that when all 11 of the credit card bills come in in January, 12 February, we can pay the Christmas gifts to 13 our families and friends." 14 And for the Governor to do this 15 clearly indicates that he isn't in touch with 16 the people of the State of New York. This is 17 a disgrace. Everybody across the country is 18 laughing at us. They're saying, When are you 19 going to take the IOUs next, just like 20 Schwarzenegger in California? 21 So Senator Sampson, again, thank 22 you very much for taking a step. And Senator 23 Winner, you've had this for some time now. 24 Maybe we'll turn around and do your bill. 25 Thank you, Mr. President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Thank 2 you, Senator Larkin. 3 Senator DeFrancisco. 4 SENATOR DeFRANCISCO: I just want 5 to add one thing to the debate, and that is 6 that this is a common-sense resolution. It 7 makes common sense that the people's money 8 should not be held because of government's 9 inability to keep their books in order and to 10 keep the state in the black. 11 It's bad enough that we're 12 overtaxing and overspending. Then we're going 13 to keep the money that we have no right to. 14 So it's common sense. 15 So I will guarantee you that 16 everyone in this chamber will support Senator 17 Sampson's bill. And on Monday, I will be here 18 asking each of those Senators who supported 19 this resolution why they did not sign the 20 petition that Senator Winner has proposed, why 21 they have not done a real solution -- not a 22 window dressing to make a protest, but a real 23 solution, a law that this governor and 24 whatever future governors would be bound by; 25 namely, that the law says you can't do this,

Candyco Transcription Service, Inc. 1 you've got to give refunds back in 30 days. 2 So I will vote aye on this 3 resolution. 4 ACTING PRESIDENT BRESLIN: Thank 5 you, Senator DeFrancisco. 6 Senator Ranzenhofer. 7 SENATOR RANZENHOFER: Thank you. 8 Just briefly, I'd just like to join 9 with some of my colleagues in thanking Senator 10 Sampson for this resolution, and obviously 11 thanking Senator Winner, who's had this on the 12 table for some time. 13 This is an important message that 14 we send from this body that the Governor is 15 really off-base with the suggestion of 16 withholding the taxpayers' money. As was said 17 so eloquently by others, this is not the 18 government's money, this is businesses' money, 19 this is personal money which people are 20 entitled to have back. 21 And I'm also looking forward -- as 22 I said, this is really a first step. This is 23 a resolution that's going to be passed today, 24 but I think just as importantly is that we 25 pass this legislation, which my understanding

Candyco Transcription Service, Inc. 1 it's been in this body for some time, that we 2 enact it into law so we don't have to deal 3 with this from this governor or any other 4 governor in the future, threatening people 5 across the state that they're not going to 6 have their money back when they normally 7 expect it. 8 Thank you. 9 ACTING PRESIDENT BRESLIN: Thank 10 you, Senator Ranzenhofer. 11 The question is on the resolution. 12 All those in favor please signify by saying 13 aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT BRESLIN: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT BRESLIN: The 19 resolution is adopted. 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, I 22 believe there's a resolution at the desk by 23 Senator Perkins. I ask that the title of the 24 resolution be read and move for its immediate 25 adoption.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Senator Klein, has the resolution been deemed 3 privileged and submitted to the office of the 4 Temporary President? 5 SENATOR KLEIN: Yes, it has, 6 Mr. President. 7 ACTING PRESIDENT BRESLIN: The 8 Secretary will read. 9 THE SECRETARY: By Senator 10 Perkins, legislative resolution commemorating 11 the 142nd birthday of American civil rights 12 activist pioneer William Edward Burghardt 13 Du Bois, and paying tribute to his life and 14 accomplishments. 15 ACTING PRESIDENT BRESLIN: 16 Senator Perkins. 17 SENATOR PERKINS: Thank you very 18 much, Mr. Chairman. 19 I would just first like to just ask 20 my colleagues to join me in signing onto this 21 resolution. I'm going to be brief, because I 22 think most of us know about Dr. W.E.B. 23 Du Bois. And maybe not in all the detail that 24 the resolution outlines, but at least in terms 25 of one of his signature accomplishments that

Candyco Transcription Service, Inc. 1 I'm sure most of us are familiar with -- in 2 fact, I'm pretty sure most of us have paid our 3 due to the NAACP. W.E.B. Du Bois was the 4 founder of the NAACP, the National Association 5 for the Advancement of Colored People, the 6 civil rights group that has been responsible 7 for so many advancements in civil rights and 8 civil liberties in our country. 9 So in tribute to him, I would offer 10 you not only the opportunity to sign onto the 11 resolution, but please pay your dues. 12 (Laughter.) 13 SENATOR PERKINS: Thank you so 14 much. 15 ACTING PRESIDENT BRESLIN: Thank 16 you, Senator Perkins. 17 Senator Parker. 18 SENATOR PARKER: Mr. President, 19 on the resolution. 20 W.E.B. Du Bois is a hero of mine. 21 He's somebody who, in the American context, 22 was one of the first American 23 multidisciplinary geniuses, somebody who was a 24 historian, a scholar, an activist, a 25 politician. He is somebody who has made a

Candyco Transcription Service, Inc. 1 great contribution not just to 2 African-American history and to the lives of 3 people of African descent here in New York 4 State and in the United States, but also to 5 the American context. 6 He is the father of sociology -- 7 not the black father of sociology, the father 8 of sociology. His book The Philadelphia Negro 9 actually was the first sociological study ever 10 done anywhere, and it became the basis from 11 which the whole discipline of sociology 12 emerged. So anybody in here who has a 13 sociology degree, you owe your discipline and 14 what you understand about the methodology of 15 how we in fact collect data around the 16 contexts of families and institutions and 17 culture to what W.E.B. Du Bois created with 18 his book The Philadelphia Negro. 19 And of course his involvement with 20 the Niagara movement that led into the 21 emergence of the NAACP, as Senator Perkins 22 indicated, was critical. 23 And, you know, we take the NAACP 24 for granted, and it's seen, you know, kind of 25 as a mainstream thing at this point. But,

Candyco Transcription Service, Inc. 1 Mr. President, let me tell you at the time of 2 the creation of the NAACP, they were the 3 Nation of Islam of their day. They were at 4 the vanguard of really radical thought and 5 really African radical thought in this 6 country. 7 He in fact made a break from the 8 NAACP for a little while because he was 9 actually even more radical than them, because 10 he dared to speak out against lynching. 11 Something that again, you know, we wouldn't 12 hesitate -- well, maybe we would. But I would 13 think that we wouldn't hesitate to speak 14 against it in this context. At that time 15 speaking out against lynching was a radical 16 act. 17 And so, you know, his importance is 18 beyond just being a scholar. And people like 19 to talk about him as the first black Ph.D. 20 from Harvard University, which is certainly 21 important. But beyond just the scholarly work 22 that he has contributed, his activism has 23 really shaped American culture and taken us to 24 a place that even a young boy from Brooklyn 25 can become a state senator.

Candyco Transcription Service, Inc. 1 Thank you. 2 ACTING PRESIDENT BRESLIN: Thank 3 you, Senator Parker. 4 Senator Klein, to close. 5 SENATOR KLEIN: Thank you, 6 Mr. President. 7 I want to thank my colleague 8 Senator Perkins for bringing this resolution 9 before us today. I think it was said very 10 eloquently by my colleague Senator Parker. 11 But I think one of the interesting things that 12 very few realize about W.E.B. Du Bois is all 13 he did for the African-American movement and 14 really moving things a lot quicker. 15 The Philadelphia Negro, when it was 16 written, it was really a milestone. Because 17 he made very eloquent arguments, sociological 18 arguments that the reason why the 19 African-American has not achieved the same as 20 Italian-Americans, Irish-Americans and 21 Polish-Americans is because there is an 22 assimilation process that's here. In other 23 words, when Irish come to this country or 24 Italians come to this country, there's people 25 that are already here that are established in

Candyco Transcription Service, Inc. 1 businesses that give them a helping hand. The 2 African-American did not have those benefits. 3 Believe it or not, that was a milestone. 4 And he helped move Booker T. 5 Washington, who was the major leader in those 6 times, in a very radical direction, like 7 Senator Parker said. But it didn't come 8 quickly enough. And I think that's why he 9 truly was such a great man, because he was a 10 radical in his times. But when you read the 11 things he was talking about, it was just 12 common sense. 13 And certainly he was a man ahead of 14 his times. And I join my colleagues today in 15 recognizing the 142nd birthday of this truly 16 great man. 17 ACTING PRESIDENT BRESLIN: Thank 18 you, Senator Klein. 19 The question is on the resolution. 20 All those in favor please signify by saying 21 aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT BRESLIN: 24 Opposed, nay. 25 (No response.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: The 2 resolution is adopted. 3 Senator Perkins has indicated he 4 would like to open this resolution up to the 5 entire body for cosponsorship. Anyone not 6 wishing to be on the resolution please signify 7 by coming to the desk. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, I 10 believe Senator Padavan has a question. 11 SENATOR PADAVAN: Yes. I wonder, 12 Mr. President, if we could extend the same 13 courtesy on the previous resolution, by 14 Senator Sampson, that all members would be on 15 it unless they so indicated to the contrary. 16 ACTING PRESIDENT BRESLIN: 17 Senator Sampson. 18 SENATOR SAMPSON: Of course. 19 ACTING PRESIDENT BRESLIN: Yes. 20 The prior resolution, Senator Sampson has 21 indicated all those people in the chamber will 22 be placed on the resolution unless you signify 23 otherwise by coming to the desk. 24 Senator Klein. 25 SENATOR KLEIN: Mr. President, at

Candyco Transcription Service, Inc. 1 this time can we adopt the Resolution Calendar 2 in its entirety, with the exception of Senate 3 Resolutions 3670 and 3908. 4 ACTING PRESIDENT BRESLIN: All 5 those in favor of adopting the Resolution 6 Calendar in its entirety, with the exception 7 of Senate Resolutions 3670 and 3908, please 8 signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT BRESLIN: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT BRESLIN: The 14 Resolution Calendar is adopted. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, at 17 this time can we please take up Resolution 18 Number 3670, by Senator Diaz. I ask that the 19 resolution be read in its entirety and move 20 for its immediate adoption and allow Senator 21 Diaz to speak on said resolution. 22 ACTING PRESIDENT BRESLIN: The 23 Secretary will read. 24 THE SECRETARY: By Senator Diaz, 25 Legislative Resolution Number 3670,

Candyco Transcription Service, Inc. 1 memorializing Governor David A. Paterson to 2 proclaim February 2010 as Dominican Heritage 3 Month in the State of New York. 4 "WHEREAS, It is the sense of this 5 Legislative Body, in keeping with its 6 time-honored traditions, to recognize and pay 7 tribute to those who foster ethnic pride and 8 enhance the profile of cultural diversity 9 which strengthens the fabric of the 10 communities of New York State; and 11 "WHEREAS, The citizens of this 12 great Empire State are proud to recognize and 13 commemorate Dominican heritage at an 14 observance that celebrates the contributions 15 of Dominican-Americans to New York State's 16 unique heritage; and 17 "WHEREAS, Attendant to such 18 concern, and in full accord with its 19 long-standing traditions, this Legislative 20 Body is justly proud to memorialize Governor 21 David A. Paterson to proclaim February 2010 as 22 Dominican Heritage Month in the State of 23 New York; and 24 "WHEREAS, In 1838, one of the 25 country's patriarchs and national founder Juan

Candyco Transcription Service, Inc. 1 Pablo Duarte established a secret society 2 called La Trinitaria, which sought the 3 complete independence of Santo Domingo without 4 any foreign intervention. Ramon Matias Mella 5 and Francisco del Rosario Sanchez, despite not 6 being among the founding members of 7 La Trinitaria, were decisive in the fight for 8 independence. They and Juan Pablo Duarte are 9 the three founding fathers of the Dominican 10 Republic; and 11 "WHEREAS, On February 27, 1844, the 12 Trinitarios (Trinitarians) declared the 13 Dominican Republic's independence from Haiti; 14 and 15 "WHEREAS, The following dates and 16 events are of great significance and serve as 17 a distinct awareness of the rich Dominican 18 heritage: Tuesday, January 26, 2010, marks 19 the 197th anniversary of the birth of 20 patriarch Juan Pablo Duarte; Saturday, 21 February 27, 2010, is the 166th anniversary of 22 the independence of the Dominican Republic; 23 and Sunday, July 25, 2010, La Gran Parada 24 Dominicana de el Bronx, Inc., is hosting its 25 21st annual parade celebrating Dominican

Candyco Transcription Service, Inc. 1 heritage along with the St. James Patronal 2 Feast Day of Santiago de los Caballeros; and 3 "WHEREAS, Founded by Mr. Felipe 4 Febles and assisted by Mrs. Rosa Ayala, 5 La Gran Parada Dominicana de el Bronx, Inc., 6 was established following the ideas and paying 7 tribute to the famous founding father Juan 8 Pablo Duarte; and 9 "WHEREAS, A native of La Romana 10 Province, Dominican Republic, Felipe Febles is 11 also executive director of the Grand Dominican 12 Parade of the Bronx and the Dominican Cultural 13 House of the Bronx, New York, Inc. He has 14 been a community leader for over 30 years and 15 is a recipient of numerous civic, educational, 16 and cultural honors; and 17 "WHEREAS, Rosa Ayala is a native of 18 La Vega Province, Dominican Republic, and has 19 been a community leader for over 20 years. 20 She is the co-executive director of the 21 Dominican Cultural House of the Bronx, 22 New York, Inc., and, along with Mr. Febles, is 23 the founder of the My Dominican Heritage 24 Award. She has also received many cultural, 25 civic, and educational awards; and

Candyco Transcription Service, Inc. 1 "WHEREAS, This Legislative Body is 2 honored to be joined today by several 3 distinguished dignitaries, including 4 His Excellency Ambassador Roberto B. Saladin, 5 Dominican ambassador to the United States, and 6 Consul General Rafael Evans, consul general of 7 the Dominican Republic in New York; and 8 "WHEREAS, It is duly fitting that 9 all New Yorkers join in these important 10 celebrations of one of our state's most 11 vibrant communities. This much-anticipated 12 observance and its accompanying activities 13 will foster greater appreciation for Dominican 14 culture and serve to promote the spirit of 15 cooperation that is characteristic of all 16 citizens of New York State; now, therefore, be 17 it 18 "RESOLVED, That this Legislative 19 Body pause in its deliberations to memorialize 20 Governor David A. Paterson to proclaim 21 February 2010 as Dominican Heritage Month in 22 the State of New York; and be it further 23 "RESOLVED, That copies of this 24 resolution, suitably engrossed, be transmitted 25 to David A. Paterson, Governor of the State of

Candyco Transcription Service, Inc. 1 New York, and to Ambassador Roberto B. 2 Saladin, Ambassador Federico Alberto Cuello 3 Camilo, Consul General Rafael Evans, 4 Mr. Felipe Febles, and Mrs. Rosa Ayala." 5 ACTING PRESIDENT BRESLIN: 6 Senator Diaz. 7 SENATOR DIAZ: Thank you, 8 Mr. President. 9 Today is a historic day. The 10 previous resolution was talking about 11 achievement. Today we take joy in the 12 achievement that the Hispanic community has 13 made in the United States. 14 Many, many years ago, when we 15 Hispanics didn't even know where this chamber 16 was, there was a guy, a Hispanic guy that 17 opened the door for all of us. And he became 18 the first, the first Hispanic elected New York 19 State Senator, the first person that sat in 20 this chamber, the first Hispanic that put his 21 feet in here. 22 That's many, many years ago. And 23 today, to honor what we're doing, he's here, 24 he came from Washington: Congressman Roberto 25 Garcia. He was the first Hispanic that sat

Candyco Transcription Service, Inc. 1 here. 2 (Standing ovation.) 3 SENATOR DIAZ: So today we again 4 make history in this chamber. Today is the 5 first time, Mr. President, the first time in 6 the history of this chamber that we honor and 7 we present a resolution honoring the Dominican 8 Republic. This is history. 9 And thanks to my leader, Senator 10 Sampson, and to my colleagues in the 11 Puerto Rican and Latino Caucus, we are doing 12 this today. 13 The history, Mr. President, of this 14 great country, the Dominican Republic, the 15 history of their struggle and dignified fight 16 for independence, are symbolized in the person 17 of Juan Pablo Duarte, Ramon Matias Mella, and 18 Francisco del Rosario Sanchez, better known as 19 Duarte, Sanchez y Mella. 20 The month of February is important 21 in the history of the Dominican Republic for 22 the following reason. On February 27, 1844, 23 the Trinitarians -- Senator Savino, that is 24 the Trinitarios -- the Trinitarians declared 25 the Dominican Republic's independence from

Candyco Transcription Service, Inc. 1 Haiti. 2 The history of this community in 3 the United States of America and their 4 achievements are well known by everyone. They 5 came here with nothing, but they worked hard 6 and educated their people in the land of 7 promise. Today, the Dominican community, they 8 own grocery stores, they are the leaders in 9 the taxi industry, they are doctors, they are 10 lawyers, they are educators, they are police 11 officers and firefighters. They are boxers, 12 baseball players. They are ministers. 13 Raise your hand, all the ministers 14 there. There are ministers all over. 15 They are ministers, they are 16 pastors, they are bishops, they are elected 17 officials, they are community leaders, et 18 cetera, et cetera. In every segment of life 19 in the United States, especially here in 20 New York State, we find the Dominican 21 community. 22 Members of the Dominican community 23 are here today. They have come to join us in 24 this historic occasion. We have the Dominican 25 ambassador, the number-one representative of

Candyco Transcription Service, Inc. 1 the Dominican Republic in the whole United 2 States, the Honorable Roberto Saladin, the 3 ambassador in Washington. He has to present 4 his documents to President Obama, because he 5 is the biggest representative of the Dominican 6 community in the nation. And he came from 7 Washington for this occasion. 8 We have the consul general of the 9 Dominican Republic in New York, the Honorable 10 Rafael Evans. We have the founders of the 11 Bronx County Dominican Parade, Mr. Felipe 12 Febles and Rosa Ayala. We have the president 13 of the Dominican in the Exterior Committee, 14 Mr. Maximo Ayala. We have the Apostles 15 Ricardo Reyes and Frank Almonte. We have 16 members of the New York Hispanic Clergy 17 Organization. The balconies are full of them, 18 the two balconies today. 19 And, ladies and gentlemen, we have 20 the president of Radio Vision Cristiana 21 Internationale, the radio station that covers 22 Puerto Rico, the Dominican Republic, the whole 23 state of New York, New Jersey, Connecticut: 24 Dr. Hector A. Chiesa. 25 We have the chaplain of the

Candyco Transcription Service, Inc. 1 New York City Police Department, Inspector 2 Luis Serrano. 3 We have many, many other members of 4 the community that have come here today to 5 honor and to participate in this unique and 6 historic event. 7 I would like to express my 8 gratitude to the Senate Leader, the Honorable 9 John Sampson, and the Senate Secretary, 10 Mr. Angelo Aponte, for making this first and 11 historic event in the New York State Senate. 12 I would like to express my 13 appreciation to the members of the New York 14 State Puerto Rican and Latino Caucus, the 15 Honorable Majority Leader Senator Pedro 16 Espada, Senator Martin Malave Dilan, former 17 State Senator Hiram Monserrate, who worked 18 hard with me to put this together, and Senator 19 Jose Marco Serrano. 20 I would like to express my 21 appreciation to Ms. Marlene Cintron, the 22 executive secretary of the New York State 23 Senate Puerto Rican and Latino Caucus, to my 24 staff, and to the Senate staff. They all 25 worked hard.

Candyco Transcription Service, Inc. 1 Today I invite all of you at 2 6 o'clock to join us in the Egg. We have a 3 Dominican activity, a ceremony, with Dominican 4 food, we have Dominican music, we have 5 Dominican entertainment. So all of you are 6 invited to join us at 6 o'clock in the Egg. 7 Now, to my amigos, in Spanish. We 8 all due respect to my amigos -- to my 9 English-American amigos, I am Puerto Rican and 10 Hispanic, and for the first time I am going to 11 speak Spanish here. Because [in Spanish] we 12 have people from all over the state here today 13 [in Spanish]. 14 (Applause.) 15 SENATOR DIAZ: [In Spanish]. The 16 baseball players. They are the best. They 17 come from my country. 18 [In Spanish]. The Egg. So all of 19 you, my English-speaking colleagues, when you 20 talk about the Egg, the Egg, in Spanish es "el 21 huevo." So I invite all of you to El Huevo at 22 6 o'clock. 23 Senator Sampson, thank you very 24 much. [In Spanish]. Que viva, que viva la 25 Republica Dominicana!

Candyco Transcription Service, Inc. 1 (Extended applause.) 2 ACTING PRESIDENT BRESLIN: At 3 this point I would like to invite you, Senator 4 Diaz, to bring the ambassador, Ambassador 5 Roberto Saladin, to the podium for a few 6 words. 7 (Applause.) 8 AMBASSADOR SALADIN: 9 Distinguished Senators, allow me, on behalf of 10 the president of the Dominican Republic, 11 President Leonel Fernandez Reyna, his 12 government, the Dominican people in the 13 island, and the Dominican diaspora here in the 14 U.S. and Puerto Rico, to say from the bottom 15 of my heart, thank you very much to you all. 16 Thank you, Senator Diaz, for this 17 resolution approved today commemorating the 18 Dominican Heritage Month, recognizing the 19 efforts, the fights, the resiliency of the 20 Dominican people that emigrated to this big 21 and generous country. 22 In Dominican Republic, sometimes 23 people used to say that Dominicanos ausentes. 24 It was, it was, as I said -- and I know, my 25 dear fellow Dominicans, why I say that.

Candyco Transcription Service, Inc. 1 Because my father lived in New York since 2 1963. My mother was raised for many years in 3 this country, and then back to the Dominican 4 Republic, and then back to the U.S. 5 And I know how Dominicans are 6 really hard fighters to raise their families, 7 to raise their children, and to take really 8 the opportunities open for this generous 9 country. 10 For us in the Dominican Republic, 11 for me especially, I feel really very proud to 12 be here today, to share this opportunity with 13 many friends of the Dominican Republic, 14 especially to our friend in Washington, former 15 Congressman Bob Garcia, that has been for 16 many, many years a good friend of the 17 Dominican community here in New York City and 18 in the Bronx. 19 We will remember this day, Senator 20 Diaz, because not only for the Dominicans who 21 are here today, women and men, for more than 22 800,000 Dominicans that live here in this big 23 city -- because as I said to the Honorable 24 Governor Paterson today, New York is the 25 second largest city of the Dominican Republic.

Candyco Transcription Service, Inc. 1 Thank you very much, as I said, 2 from the bottom of my heart, on behalf of the 3 general consul of the Dominican Republic, 4 Rafael Evans, the man in charge, working hard 5 here shoulder by shoulder every day with the 6 Dominicans living in this big city. 7 For us has been a blessing to the 8 opportunities open to the Dominican baseball 9 players. This year, in a decision of the 10 American National League, maybe we will have 11 up to 84 Dominican baseball players. This has 12 been one of the other blessings of the love 13 for the Dominican Republic. 14 In this year that we commemorate 15 the 166th anniversary of our independence, 16 thank you for remembering the founding fathers 17 of our country -- Duarte, Sanchez and Mella. 18 Thank you to you all. God bless you, 19 Dominican Republic, and God bless the United 20 States of America. 21 Thank you very much. 22 (Applause.) 23 ACTING PRESIDENT BRESLIN: Thank 24 you very much, Ambassador Saladin. 25 Senator Adams.

Candyco Transcription Service, Inc. 1 SENATOR ADAMS: Thank you, 2 Mr. President. 3 I want to thank Senator Diaz and 4 Senator Sampson for this important day that we 5 celebrate Dominican Republic Independence Day. 6 You know, whenever we have these 7 celebrations and acknowledgments, I always 8 like to pause for a moment and do a period of 9 true reflection. Because we can honor the 10 first senators, we can honor the established 11 baseball players, we can honor the doctors and 12 lawyers and other professional types. But to 13 me, it is -- we need to sometimes pause for a 14 moment and just go back. And don't look at 15 where we are today, because we need a period 16 of reflection. 17 Nothing is more challenging than to 18 come to a country and you can't speak the 19 language. Nothing is more difficult and 20 intimidating than to walk into a grocery store 21 and try to find the right term of just saying 22 a bottle of milk for your baby. Nothing is 23 more frightening than to walk to a token booth 24 and try to identify what is the correct 25 denomination to buy a token. Nothing is more

Candyco Transcription Service, Inc. 1 alarming than to rush into a hospital and try 2 to remember those few texts and terminologies 3 that you may have heard as a child and say 4 "How do I get help for my family?" 5 So it's fine to acknowledge the 6 first senators, it's fine to acknowledge the 7 large baseball players, it's fine to 8 acknowledge the basketball players, the actors 9 and actresses. But I want to talk about the 10 real-life players on the field of life called 11 the first parents that came here from the 12 Dominican Republic and carved the way for all 13 of us who said we are the first. 14 And there's a common denomination 15 that not only can I identify with it, but when 16 you talk to the first Italian-Americans and 17 their parents that had to navigate the 18 complexities of New York City and the United 19 States, they can also identify with it. The 20 first Irish. The first any other group from 21 Italian-Americans and Chinese-Americans and 22 Indonesian-Americans. 23 And so what the first man and 24 woman -- before the stores were open, before 25 taking over the livery cab industry -- what

Candyco Transcription Service, Inc. 1 they did by coming here and saying we too love 2 America, we too will have a foothold in 3 America, we too are proud in America, and the 4 waving of our flag in no way indicates that we 5 too do not cherish the red, white and blue of 6 America. 7 So I want too take my hat off to 8 the countless number of first arrivals from 9 the Dominican Republic after the freedom from 10 the Haitian revolution. I want to take my hat 11 off to those first men and women who came to 12 America and paved the way and navigated the 13 complexities, the difficulties, the 14 uncertainties and the feeling of being 15 ostracized and forced their way to be included 16 in this thing we call America. They are part 17 of the common denomination that's what's great 18 about every immigrant population. 19 So before we start, from Maine to 20 Florida, from Washington to New York, to talk 21 about closing our borders and restricting 22 those from outside our borders to participate 23 in the American dream, we need to see what the 24 Dominican community has done to the soil of 25 our country. The diversity, the style, the

Candyco Transcription Service, Inc. 1 commitment, the dedication fertilize the soil 2 and give us an opportunity to grow the trees 3 of tomorrow that allow us to participate in 4 what's great about this country. The 5 Dominican community has shown that. 6 And I'm proud to say I may be 7 African-American, but today I'm Dominican, 8 baby. 9 (Applause.) 10 ACTING PRESIDENT BRESLIN: Thank 11 you, Senator Adams. 12 Senator Hassell-Thompson. 13 SENATOR HASSELL-THOMPSON: Thank 14 you, Mr. President. 15 I rise to congratulate Senator Diaz 16 on his resolution today and to declare with 17 him that this is a very worthy cause and 18 occasion to do so. 19 Let me say that although 166 years 20 ago the Dominican Republic declared its 21 independence from Haiti, I want to thank 22 personally the Dominican Republic for being 23 the first on the ground to provide assistance 24 to that country when it was shaken by 25 earthquake. Two hundred thirty thousand

Candyco Transcription Service, Inc. 1 people were reported dead, and over $3 million 2 of hard-earned dollars came from the Dominican 3 Republic first to ensure that aid was brought. 4 So I congratulate you, Senator 5 Diaz, today -- but I thank you as the 6 delegation from the Dominican Republic for the 7 work that you have done for the people who 8 once were your people, and you came back, 9 reached across your hand, and brought them 10 back to the bosom of safety. And so for that 11 we are most grateful. 12 And I want to congratulate again 13 Senator Sampson and all of those who have made 14 this possible. 15 Greetings to my former colleague. 16 Senator Garcia, we missed at the you at the 17 last Senate dinner. Please be present this 18 year; I'm going to be the new president. I 19 look forward to seeing you. 20 And certainly to you, 21 Mr. President, I certainly will be signing 22 onto this resolution today with tremendous 23 pride. Thank you. 24 (Applause.) 25 ACTING PRESIDENT BRESLIN: Thank

Candyco Transcription Service, Inc. 1 you, Senator Hassell-Thompson. 2 Senator Espada. 3 SENATOR ESPADA: Thank you, 4 Mr. President. 5 And in the great tradition of this 6 chamber, I also rise to pay tribute to La 7 Republica Dominicana, to all the Dominicans 8 that make up the great proportion of Hispanics 9 in the 33rd Senate district that I'm 10 privileged to represent. 11 Senator Diaz, thank you so very, 12 very much. Whether it's going to Puerto Rico 13 to deal with issues of parity and justice in 14 Puerto Rico, Haiti, Santo Domingo, we thank 15 you so much for your leadership. 16 We thank you for acknowledging the 17 great service of our first senator. As I came 18 from Puerto Rico, we got to know what politics 19 was about because of the service of Robert 20 Garcia, Congressman Garcia, Senator Garcia, a 21 true mentor and leader in our community. 22 I do want to hone in on the spirit 23 of the message that Senator Eric Adams hit on. 24 And that is as this nation struggles with 25 immigration policy, as we struggle to define

Candyco Transcription Service, Inc. 1 who belongs, who doesn't belong, who can 2 contribute, who can't contribute, who can't be 3 part of the fabric of America, this is what we 4 need to remember here today. 5 We need to remember this 6 experience. We need to hone in on what's 7 happening in our local economies as we totally 8 transform the Washington Heights, the South 9 Bronx, the West Bronx and communities all 10 throughout the Northeast. We need to hone in 11 on this message absolutely, because this is 12 the spirit that will get us out of the 13 economic doldrums that we're in. 14 This is the spirit of America. It 15 looks a little different, yes. It may not 16 speak the English language first and foremost, 17 but it is as passionate about being American 18 as any, any other group that's ever been 19 privileged to be called American. 20 And the challenge that they have -- 21 which I did not have, Senator Diaz. I did not 22 have because I was born an American citizen -- 23 to witness, to witness the challenge of that 24 duality, of being back home, of sending money 25 back home, of dealing with truly being a

Candyco Transcription Service, Inc. 1 foreigner in a new nation and acclimating 2 yourself totally -- starting your own business 3 from scratch, learning a new culture, going 4 into school systems that don't even recognize 5 who you are -- this is truly heroic, 6 herculean. 7 And definitely this month and every 8 month we should remember this example. 9 Because this is the challenge of the 10 21st century to America: Are we going to deal 11 with the 12 million people -- be they 12 Dominican, Peruvian, Mexicanos -- all 13 throughout the United States of America that 14 are here, that want to be here, that want to 15 contribute? 16 And so this message resonates 17 beyond Dominican Heritage Month, the 166th 18 anniversary of the Dominican Republic's 19 independence from Haiti. This really, truly 20 is the American future that we're looking on. 21 [In Spanish]. Thank you very much. 22 (Applause.) 23 ACTING PRESIDENT BRESLIN: Thank 24 you, Senator Espada. 25 Senator Serrano.

Candyco Transcription Service, Inc. 1 SENATOR SERRANO: Thank you, 2 Mr. President. 3 I want to echo the sentiments of my 4 colleagues here and thank Senator Diaz for 5 bringing this resolution here to the floor and 6 having so many pioneers in the Dominican 7 community here with us in this chamber here. 8 I strongly agree with everything 9 that's been said. The Dominican community is 10 a very robust community in New York City and 11 throughout this state. Not anyone to be held 12 back by obstacles. As Senator Espada 13 mentioned, issues in immigration and very 14 unfair, in my belief, immigration policies 15 under federal government have made it very 16 difficult for new immigrants to gain a 17 foothold here in the United States, people who 18 really love this country and people who want 19 to work hard. 20 But when you look at pretty much 21 all sectors in public life or in private 22 business, the Dominican community has 23 excelled, not being held back by the obstacles 24 that are placed before them. And I think it's 25 a lesson that everyone could learn, that the

Candyco Transcription Service, Inc. 1 American dream can be achieved despite strong 2 odds. And that a community can thrive and 3 enrich us in so many ways, because the 4 Dominican community also teaches us to 5 celebrate life, and I think that that's 6 something that should not be discounted here 7 today. 8 So I congratulate all of my 9 colleagues here and Senator Diaz once again 10 for supporting and making this day a reality. 11 Thank you. 12 (Applause.) 13 ACTING PRESIDENT BRESLIN: Thank 14 you, Senator Serrano. 15 Senator Padavan. 16 SENATOR PADAVAN: Senator Garcia 17 [sic], thank you very much. You really know 18 how to throw a party; in this case, a 19 celebration, and a very, very excellent one. 20 Ambassador, we're delighted to have 21 you with us, particularly joined by my former 22 colleague Senator Garcia. He and I spent a 23 lot of quality time here on the floor of this 24 Senate for many years. It's great to see him 25 back here.

Candyco Transcription Service, Inc. 1 You know, Senator Garcia, you 2 pointed out the many areas of -- Senator Diaz. 3 Didn't I say Diaz? Well, see, I got you 4 confused already -- the many areas in which 5 Dominicans have excelled and contributed to 6 our society throughout the state, and 7 certainly in New York City and in my borough 8 of Queens and in my district. And you're 9 absolutely right. The last month or so, I 10 attended two events that highlight the very 11 issue and very point you were making. 12 One of them was a swearing in of a 13 woman to the Supreme Court by the name of 14 Diccia Pineda, Dominican. Came to this 15 country, could not speak English at all, went 16 to law school, raised a family, and became a 17 Supreme Court judge. A constituent of mine, 18 and I was certainly delighted to be there. 19 Several weeks ago I attended an art 20 show of beautiful work done by a very 21 accomplished Dominican artist in Whitestone, 22 Queens. Every year she has a show. This year 23 it was particularly significant because the 24 proceeds were to go to Haiti, and so many of 25 us showed up there to contribute as best we

Candyco Transcription Service, Inc. 1 could. 2 But throughout the borough and 3 throughout my district and throughout the City 4 of New York, what you said, and you said it 5 extremely well, the Dominican community has 6 excelled in every area that they have sought 7 to participate. And it's to their credit, and 8 we benefit by it, we all do. And we all join 9 with you in this expression of pride and 10 accomplishment. And you've made this city a 11 better place because of your presence. 12 Thank you, Senator. 13 (Applause.) 14 ACTING PRESIDENT BRESLIN: Thank 15 you, Senator Padavan. 16 Senator Parker. 17 SENATOR PARKER: Thank you, 18 Mr. President. On the resolution. 19 Let me add my voice to those today 20 who are singing the praises of the people of 21 the Dominican Republic. Let me say 22 congratulations. As the chair of the Senate 23 Task Force on New Americans, I have worked 24 very closely with members of the Dominican 25 community.

Candyco Transcription Service, Inc. 1 Let me welcome you, let me welcome 2 our former colleague Senator Garcia, and 3 really just say that this is a time for 4 celebration. And as Senator Adams says, we 5 must reflect, but it's important for us to 6 remember and celebrate accomplishments. 7 Because the road has been hard and long, and 8 you've toiled for such a long time in the 9 vineyards. But now is a new day. 10 And now, when all things become 11 possible, we look forward to a time when the 12 Dominican Republic will continue to be a 13 shining star for not just the people of the 14 Caribbean Basin but for the entire world -- 15 first in how they acted in Haiti, but in also 16 the day-to-day accomplishments that we have 17 interacted with people in our communities. 18 And that is from, you know, celebrity 19 athletes, you know, to businesspeople, to our 20 neighbors and our friends. 21 And so to you all, we say 22 congratulations and thank you so much for what 23 you've done for all of us and the people of 24 this great state. 25 (Applause.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Thank 2 you, Senator Parker. 3 Senator Perkins. 4 SENATOR PERKINS: Thank you, 5 Mr. Chairman. On the resolution. 6 [In Spanish.] 7 (Applause.) 8 SENATOR PERKINS: Muchas gracias, 9 Senator Diaz and Senator Sampson, for the 10 opportunity you have given us to recognize the 11 great contributions of the Dominican 12 community. 13 You know, I used to represent the 14 largest Dominican community in the State of 15 New York. And I was very privileged in that 16 period because I got the opportunity to 17 witness their industriousness in so many 18 different ways: Los bodegueros, the folks 19 that own the corner stores that were run by 20 the Dominicans that without them, many of us 21 could not get our daily groceries because of 22 the lack of A&Ps and other kinds of 23 supermarkets in our neighborhoods. The gypsy 24 cabs that would be the only ones available 25 because the Yellow Cabs boycotted our

Candyco Transcription Service, Inc. 1 neighborhoods. 2 But most interesting about these 3 Dominicans is this. When it came to politics, 4 when it came to politics, they were number 5 one. 6 I had the opportunity to witness 7 their fervor and their organizing when it 8 comes to electoral politics in two ways. 9 First, whenever there was an election in the 10 Dominican Republic, it began in Washington 11 Heights. 12 (Laughter.) 13 SENATOR PERKINS: There were more 14 votes coming out of Washington Heights for 15 presidente in the Dominican Republic than in 16 the Dominican Republic, because they organized 17 caravans as if you thought the election was 18 taking place in the neighborhood, that the 19 vote was going to be for a candidate in the 20 neighborhood. 21 So they were very committed not 22 only to the neighborhood in Washington 23 Heights, but also to the continuation of 24 what's going on in their community. 25 But even more interesting than that

Candyco Transcription Service, Inc. 1 was when we used to have school board 2 elections in New York City -- before mayoral 3 control, when parents and others were allowed 4 to participate in making the decisions as to 5 who would run their local schools. Some of 6 you outside of New York City still have that 7 opportunity. We, unfortunately, are stuck 8 with mayoral control and charter schools. I'm 9 sorry, I got off the subject. 10 (Laughter; applause.) 11 SENATOR PERKINS: But if you ever 12 had the opportunity to witness a school board 13 election in District 6, which is in Washington 14 Heights, you would see such an awesome 15 turnout. And these folks were not citizens 16 yet, they were only given the opportunity to 17 vote as parent voters. 18 And I happened to have the 19 opportunity to witness those elections as they 20 took place, and the largest turnout for those 21 school board elections came out of Washington 22 Heights and the Dominican community. And thus 23 we got the first elected Dominican, Guillermo 24 Linares, to the City Council. And now, of 25 course, we have several others -- Adriano

Candyco Transcription Service, Inc. 1 Espaillat, who is in the Assembly. 2 And the list goes on and on in 3 terms of how, as they became more registered 4 to vote and they got more politically 5 involved, they've become a very, very 6 significant political force, political entity 7 in New York City politics and I would daresay 8 state politics. 9 So my hat's off to you for what you 10 have done to bring them to our chamber to be 11 acknowledged. My hat's off to you for your 12 commitment to the political process, the 13 democratic political process -- which is what 14 we are all about in this chamber -- and for 15 the successes that you have had that have 16 contributed so greatly to our city and to our 17 state. It was not just an election for the 18 people of Washington Heights. 19 Now, I know, Senator Diaz, there's 20 more Dominicans in the Bronx than there is in 21 Upper Manhattan. I understand, I accept that. 22 I've been to your parade, okay, up there too. 23 But nevertheless, it began in the northern 24 part of my district known as Washington 25 Heights -- sometimes known as Upper Harlem.

Candyco Transcription Service, Inc. 1 Thank you so much. 2 Congratulations. 3 (Applause.) 4 ACTING PRESIDENT BRESLIN: Thank 5 you, Senator Perkins. 6 Senator Stewart-Cousins. 7 SENATOR STEWART-COUSINS: Yes, I 8 just wanted to join in this celebration and 9 thank the Dominican community for bringing so 10 much joy and so much celebration to our 11 chambers. 12 I also wanted to express, from 13 Westchester County, the pride and the joy that 14 we have in having a growing and robust 15 Dominican community. And I want to say in my 16 hometown of Yonkers we are proud to add to the 17 history of the Dominican community, because we 18 have for the first time elected a Dominican 19 city councilperson by the name of Wilson 20 Terrero. 21 Que viva Republica Dominicana! 22 Thank you. 23 (Applause.) 24 ACTING PRESIDENT BRESLIN: Thank 25 you, Senator Stewart-Cousins.

Candyco Transcription Service, Inc. 1 Senator Schneiderman. 2 SENATOR SCHNEIDERMAN: Thank you, 3 Mr. President. [In Spanish.] 4 I'm very, very pleased that my 5 colleagues here get a chance to see the spirit 6 of the Dominican Republic and experience the 7 joy of being a part of a Dominican community, 8 because I have my colleagues on the other side 9 of the aisle to thank for my beautiful 10 experience in the Dominican community. 11 But [in Spanish]. 12 (Applause.) 13 SENATOR SCHNEIDERMAN: [In 14 Spanish.] I'm just explaining I didn't know 15 much about the Dominican Republic when you 16 guys sent me into Upper Manhattan. 17 But the Dominican community is very 18 generous, and generous at a level people here 19 in the United States very seldom appreciate. 20 I'll tell you one thing I learned when I was 21 drawn into this district and got to know the 22 Dominicans. Studying the history of the 23 Jewish people, the only country in the world 24 that said we will take all the Jews trying to 25 get out of Germany and Central Europe when the

Candyco Transcription Service, Inc. 1 Nazis took over was the Republica Dominicana. 2 (Applause.) 3 SENATOR SCHNEIDERMAN: And to 4 this day, in the community of Sosua, you can 5 see the museum and the synagogue there. 6 This is a community that welcomes, 7 this is a community that embraces, this is a 8 community -- el espirito Dominicana es 9 increible. Corazon Dominicano es grande. [In 10 Spanish.] Viva la Republicano Dominicana! 11 (Applause.) 12 ACTING PRESIDENT BRESLIN: Viva 13 la Schneiderman. 14 Thank you, Senator Schneiderman. 15 Senator Stavisky. 16 SENATOR STAVISKY: Yes, thank 17 you, Mr. President. 18 I too was going to mention the fact 19 that the Dominican Republic was welcoming to 20 people as a refuge from terror and from 21 terrible, terrible destruction. And that is 22 something that you will never forget. 23 I do want to welcome, though, I 24 want to welcome back my friend Senator Garcia 25 whom I have known for so many years. And in

Candyco Transcription Service, Inc. 1 fact he attended a high school -- which no 2 longer exists, but a high school where I had 3 my first teaching job. It was called Haaren 4 High School. It was on 59th Street and 5 Tenth Avenue. I taught there in the sixties. 6 And, Senator Garcia, welcome home. 7 And, secondly, I think it's 8 appropriate that we celebrate the birthday, 9 the 142nd birthday of W.E.B. Du Bois, because 10 today is a day of welcoming people. We are a 11 nation of immigrants, and I am so proud to 12 represent so many people from the Dominican 13 Republic. I used to represent Jackson Heights 14 and parts of Queens. With redistricting, my 15 lines changed. 16 But you make us proud, and we 17 welcome you to Albany. And we extend all of 18 the congratulations. But especially let me 19 welcome home my friend Congressman Garcia. 20 (Applause.) 21 SENATOR STAVISKY: Thank you, 22 Mr. President. 23 ACTING PRESIDENT BRESLIN: We 24 would also acknowledge the Honorable Hector 25 Ramirez, who is here, who's the executive

Candyco Transcription Service, Inc. 1 board member from the 86th Assembly District 2 leader. 3 The question is on the resolution 4 All those in favor please signify by saying 5 aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT BRESLIN: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT BRESLIN: The 11 resolution is adopted. 12 (Applause.) 13 ACTING PRESIDENT BRESLIN: 14 Senator Klein. 15 SENATOR PADAVAN: Mr. President. 16 ACTING PRESIDENT BRESLIN: Oh, 17 Senator Padavan, excuse me. 18 SENATOR PADAVAN: Yes, thank you 19 very, very much, Mr. President. 20 At this juncture I ask that a 21 quorum call be held, each voice vote in toto 22 be read, each name, and the bell be rung. 23 ACTING PRESIDENT BRESLIN: The 24 Secretary will conduct a quorum call. 25 The Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Senator Adams. 2 SENATOR ADAMS: Aye. 3 ACTING PRESIDENT BRESLIN: 4 Senator Addabbo. 5 SENATOR ADDABBO: Aye. 6 THE SECRETARY: Senator Alesi. 7 SENATOR ALESI: Here. 8 THE SECRETARY: Senator 9 Aubertine. 10 SENATOR AUBERTINE: Here. 11 THE SECRETARY: Senator Bonacic. 12 SENATOR BONACIC: Here. 13 THE SECRETARY: Senator Breslin. 14 SENATOR BRESLIN: Here. 15 THE SECRETARY: Senator 16 DeFrancisco. 17 SENATOR DeFRANCISCO: Here. 18 THE SECRETARY: Senator Diaz. 19 (No response.) 20 THE SECRETARY: Senator Dilan. 21 SENATOR DILAN: Here. 22 THE SECRETARY: Senator Duane. 23 (No response.) 24 THE SECRETARY: Senator Espada. 25 SENATOR ESPADA: Present.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Senator Farley. 2 SENATOR FARLEY: Here. 3 THE SECRETARY: Senator Flanagan. 4 SENATOR FLANAGAN: Here. 5 THE SECRETARY: Senator Foley. 6 SENATOR FOLEY: Present. 7 THE SECRETARY: Senator 8 Fuschillo. 9 SENATOR FUSCHILLO: Present. 10 THE SECRETARY: Senator Golden. 11 SENATOR GOLDEN: Here. 12 THE SECRETARY: Senator Griffo. 13 SENATOR GRIFFO: Here. 14 THE SECRETARY: Senator Hannon, 15 excused. 16 Senator Hassell-Thompson. 17 SENATOR HASSELL-THOMPSON: Here. 18 THE SECRETARY: Senator Huntley. 19 SENATOR HUNTLEY: Here. 20 THE SECRETARY: Senator C. 21 Johnson. 22 SENATOR CRAIG JOHNSON: Here. 23 THE SECRETARY: Senator O. 24 Johnson. 25 SENATOR OWEN JOHNSON: Here.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Senator Klein. 2 SENATOR KLEIN: Present. 3 THE SECRETARY: Senator 4 L. Krueger. 5 SENATOR LIZ KRUEGER: Here. 6 THE SECRETARY: Senator C. 7 Kruger. 8 SENATOR CARL KRUGER: Here. 9 THE SECRETARY: Senator Lanza. 10 SENATOR LANZA: Here. 11 THE SECRETARY: Senator Larkin. 12 SENATOR LARKIN: Here. 13 THE SECRETARY: Senator LaValle. 14 SENATOR LaVALLE: Here. 15 THE SECRETARY: Senator Leibell. 16 SENATOR LEIBELL: Here. 17 THE SECRETARY: Senator Libous. 18 (No response.) 19 THE SECRETARY: Senator Little. 20 SENATOR LITTLE: Here. 21 THE SECRETARY: Senator 22 Marcellino. 23 SENATOR MARCELLINO: Here. 24 THE SECRETARY: Senator Maziarz. 25 SENATOR MAZIARZ: Here.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Senator McDonald. 2 SENATOR McDONALD: Here. 3 THE SECRETARY: Senator 4 Montgomery. 5 SENATOR MONTGOMERY: Here. 6 THE SECRETARY: Senator Morahan, 7 excused. 8 Senator Nozzolio. 9 SENATOR NOZZOLIO: Present. 10 ACTING PRESIDENT BRESLIN: 11 Senator Padavan, a quorum is present. 12 SENATOR PADAVAN: I asked for all 13 names to be read, Mr. President. 14 ACTING PRESIDENT BRESLIN: There 15 is nothing in the rules that requires that all 16 be read. There's a quorum present. We will 17 move on. 18 Senator Klein. 19 SENATOR KLEIN: Mr. President, if 20 we can return to the order of reports of 21 standing committees, I believe there is a 22 report of the Finance Committee at the desk. 23 ACTING PRESIDENT BRESLIN: 24 Returning to the order of reports of standing 25 committees, there is a report of the Finance

Candyco Transcription Service, Inc. 1 Committee at the desk. 2 The Secretary will read. 3 THE SECRETARY: Senator C. 4 Kruger, from the Committee on Finance, reports 5 the following nominations. 6 As a member of the New York State 7 Racing and Wagering Board, Charles J. Diamond, 8 of Watervliet. 9 ACTING PRESIDENT BRESLIN: 10 Senator Kruger. 11 SENATOR CARL KRUGER: Please move 12 the nomination. 13 ACTING PRESIDENT BRESLIN: The 14 question is on the motion to confirm the 15 nomination of Charles J. Diamond to the 16 New York State Racing and Wagering Board. All 17 those in favor please signify by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT BRESLIN: 20 Opposed, nay. 21 (Response of "Nay.") 22 SENATOR WINNER: Show of hands. 23 SENATOR PADAVAN: Slow roll call, 24 please. 25 ACTING PRESIDENT BRESLIN: A slow

Candyco Transcription Service, Inc. 1 roll call is only appropriate on the final 2 passage of a bill. 3 SENATOR PADAVAN: Five of us will 4 stand up to ensure that fact. 5 Now a slow roll call. 6 ACTING PRESIDENT BRESLIN: With 7 the five standing up, you're allowed a written 8 vote, but not a slow roll call. 9 All those in favor please signify 10 by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT BRESLIN: 13 Opposed, nay. 14 (Response of "Nay.") 15 ACTING PRESIDENT BRESLIN: The 16 nomination is confirmed. 17 Congratulations, Mr. Diamond. 18 (Applause.) 19 ACTING PRESIDENT BRESLIN: Mr. 20 Diamond is joined in the gallery by his wife, 21 Giovina; by his children, Bridget and Rob; and 22 by his brother John and his sister Barbara; 23 and by his long-time employer, Congressman 24 Michael McNulty. 25 Congratulations, Charles.

Candyco Transcription Service, Inc. 1 (Applause.) 2 SENATOR PADAVAN: Mr. President. 3 ACTING PRESIDENT BRESLIN: Yes, 4 Senator Padavan. 5 SENATOR PADAVAN: A point of 6 information. 7 Since there was no show of hands, 8 how was the written vote recorded? 9 ACTING PRESIDENT BRESLIN: We can 10 record that now. 11 SENATOR PADAVAN: Thank you very 12 much. Show of hands. 13 ACTING PRESIDENT BRESLIN: All 14 those in favor of the nomination please 15 signify by raising their hand. 16 The Secretary will announce the 17 results. 18 THE SECRETARY: Ayes, 31. Nays, 19 27. 20 (Applause.) 21 ACTING PRESIDENT BRESLIN: The 22 nomination is confirmed. 23 Senator Padavan, why do you rise? 24 SENATOR PADAVAN: Mr. President, 25 31 votes does not either pass a bill or

Candyco Transcription Service, Inc. 1 confirm a nominee; 32 votes does. 2 ACTING PRESIDENT BRESLIN: 3 Authority, please, Senator Padavan? 4 SENATOR PADAVAN: Now, if you 5 recorded 31 votes, then this nominee was not 6 confirmed. 7 ACTING PRESIDENT BRESLIN: 8 Senator Padavan, I've asked you to recite your 9 authority. 10 SENATOR PADAVAN: I can recite 11 it, perhaps not from memory, but if you read 12 the rules it says very clearly that an act of 13 this body is by a majority of its members, who 14 are recorded at 32 at this juncture. 15 Now, you reported 31. I think 16 that's a fact we all acknowledge. 17 ACTING PRESIDENT BRESLIN: 18 Senator Padavan, the votes required for the 19 confirmation of a gubernatorial nomination is 20 not outlined in the Senate rules. 21 According to Mason's Legislative 22 Manual, Section 510, subsection 2, in the 23 absence of an express rule the default 24 requirement is a majority of those Senators 25 present and voting.

Candyco Transcription Service, Inc. 1 Therefore, your point of order is 2 not in order. 3 SENATOR PADAVAN: Mr. President, 4 I challenge the ruling of the chair. 5 ACTING PRESIDENT BRESLIN: All 6 those in favor of challenging the ruling of 7 the chair raise your hand. 8 The Secretary will announce the 9 results. 10 SENATOR SALAND: Mr. President, 11 point of order, please. 12 ACTING PRESIDENT BRESLIN: Please 13 await the tabulation. 14 The Secretary will announce the 15 results. 16 SENATOR SALAND: Before you start 17 the vote, point of order, if you would. 18 ACTING PRESIDENT BRESLIN: We're 19 disposing of the first point of order, Senator 20 Saland. Could you please wait? 21 SENATOR SALAND: Okay. Thank 22 you, sir. 23 THE SECRETARY: Ayes, 27. Nays, 24 31. 25 ACTING PRESIDENT BRESLIN: The

Candyco Transcription Service, Inc. 1 ruling of the chair is confirmed. 2 The Secretary will continue to 3 read, with the exception of Senator Saland. 4 SENATOR SALAND: Thank you, 5 Mr. President. 6 Mr. President, the purpose of my 7 point of order is to determine whether the 8 ruling of the chair was that the motion that 9 you currently deem passed was a substantive 10 motion or a procedural motion. 11 ACTING PRESIDENT BRESLIN: It 12 simply stated the factual component of it is 13 the motion was on the confirmation of a 14 gubernatorial appointment. 15 SENATOR SALAND: Mr. President, 16 if I may continue, I believe you said -- you 17 cited Mason's as the default in the absence of 18 anything relevant or governing in our rules. 19 And I think our rules make a 20 distinction -- I don't have it in front of 21 me -- between what is required by way of a 22 majority vote or a quorum vote, depending upon 23 whether the vote is deemed substantive or 24 procedural and whether, in this advice and 25 consent capacity, this is deemed a substantive

Candyco Transcription Service, Inc. 1 vote or a procedural vote. 2 And I'm merely asking whether you 3 have deemed this to be a substantive or a 4 procedural vote. 5 ACTING PRESIDENT BRESLIN: 6 Senator Saland, the chair has not made that 7 determination. The determination is not 8 relevant to this. 9 This is solely on a gubernatorial 10 appointment. The gubernatorial appointment 11 has been approved. 12 SENATOR SALAND: I would really, 13 merely for purposes of the record, state that 14 what's relevant here is whether it's 15 substantive or procedural before you can 16 default to Mason's. 17 ACTING PRESIDENT BRESLIN: What 18 is your specific point of order? 19 SENATOR SALAND: My specific 20 point of order is before you can default to a 21 Mason's, the determination has to be -- you've 22 made a determination that in fact there's 23 nothing controlling in our rules. And by your 24 saying nothing is controlling in our rules, 25 you're failing to recognize a distinction in

Candyco Transcription Service, Inc. 1 the rules between substantive and procedural. 2 ACTING PRESIDENT BRESLIN: I 3 would say that that's asked and answered. The 4 nomination is confirmed. 5 Let's move on. The Secretary will 6 read. 7 THE SECRETARY: As a member of 8 the State Board of Parole, Elisabeth Gotbaum, 9 of New York City. 10 SENATOR CARL KRUGER: On the 11 nomination, please move it. 12 ACTING PRESIDENT BRESLIN: 13 Senator Hassell-Thompson, on the nomination. 14 SENATOR HASSELL-THOMPSON: Thank 15 you, Mr. President. 16 I rise to thank the Governor for 17 the appointment of Elisabeth "Betsy" Gotbaum. 18 She came before the committee and, 19 prior to her presentation to us, she has a 20 long history of public service that would make 21 her duly fit for this position, and for this I 22 am here to present her name in nomination. 23 Thank you, Mr. President. 24 ACTING PRESIDENT BRESLIN: 25 Senator Huntley.

Candyco Transcription Service, Inc. 1 SENATOR HUNTLEY: Thank you, 2 Mr. President. 3 I rise to congratulate Betsy, who I 4 have known for many, many years, have worked 5 in many different capacities with her. And I 6 also send regards to her family. 7 And I have to say she's an 8 excellent choice, and I thank the Governor for 9 making such a great, great choice. 10 Thank you. 11 ACTING PRESIDENT BRESLIN: 12 Senator Schneiderman. 13 SENATOR SCHNEIDERMAN: Thank you, 14 Mr. President. I also rise in support of this 15 nominee. 16 Ms. Gotbaum is a great New Yorker. 17 She's been in public service for many years, 18 going back to working on the staff of a 19 Republican mayor, John Lindsay. 20 She is really one of those people 21 who embodies the ethic of giving back to the 22 community. Her work as parks commissioner, 23 her work for the New York Police Foundation, 24 her work in saving the New York Historical 25 Society -- she's just a great New Yorker.

Candyco Transcription Service, Inc. 1 She will make a great addition to 2 the government. I look forward to working 3 with her in the area of criminal justice. The 4 State of New York and all of us are lucky to 5 have her continued willingness to serve. 6 I strongly urge everyone to vote in 7 support of this nominee, Mr. President. 8 ACTING PRESIDENT BRESLIN: Thank 9 you, Senator Schneiderman. 10 Senator Adams, on the nomination. 11 SENATOR ADAMS: Thank you, 12 Mr. President. 13 I too rise and I really appreciate 14 just the lifetime of service of Ms. Gotbaum. 15 And I remember during the Sean Bell 16 shooting and the hearings we held, the long 17 hearings throughout the entire city, and just 18 your commitment, you came early, you stayed 19 throughout the entire hearings, you heard the 20 concerns of all the various communities, and 21 you continued just to repeatedly show what's 22 best about the greatest race alive, and that's 23 the human race. 24 And I'm glad that you are a friend 25 and you will continue to contribute to the

Candyco Transcription Service, Inc. 1 great State of New York. 2 ACTING PRESIDENT BRESLIN: Thank 3 you, Senator Adams. 4 Senator Stavisky. 5 SENATOR STAVISKY: Thank you, 6 Mr. President. 7 I too am proud to call Betsy 8 Gotbaum a friend. She brings a wonderful 9 breadth of experience to state government -- 10 first, commissioner of the Parks and 11 Recreation Department, New York Historical 12 Society, public advocate -- you name it, Betsy 13 Gotbaum has been there, she's done it. 14 And I think it's exciting that she 15 is bringing this experience to state 16 government. And there is no doubt that she's 17 embarking on a new career, but at the same 18 time there are so many people here who have so 19 much respect for Betsy Gotbaum and for Victor, 20 her husband. 21 And we just congratulate her on her 22 nomination. 23 Thank you, Mr. President. 24 ACTING PRESIDENT BRESLIN: Thank 25 you, Senator Stavisky.

Candyco Transcription Service, Inc. 1 Senator Oppenheimer. 2 SENATOR OPPENHEIMER: Very 3 briefly, those of us who have had the pleasure 4 of knowing Betsy through many years know that 5 she is a perfect person for this, because 6 she's creative, innovative, thoughtful. And 7 also it should be mentioned that she's 8 generous and kind. 9 And I think the combination of 10 intellect and compassion will serve her very 11 well in this job. And each time she takes on 12 a new job, she does it with great enthusiasm. 13 And so we're very happy that you 14 are still willing to keep trying again and 15 again to fulfill the role that you see for 16 yourself, which is really being a person of 17 the community, a person there to help others. 18 Thanks, Betsy. 19 ACTING PRESIDENT BRESLIN: Thank 20 you, Senator Oppenheimer. 21 Senator Duane. 22 SENATOR DUANE: Thank you, 23 Mr. President. 24 I too rise in strong support of 25 Betsy Gotbaum's nomination. From Betsy's

Candyco Transcription Service, Inc. 1 really amazing work as the New York City parks 2 commissioner during very, very difficult 3 economic times, where she was able to make 4 improvements to parks and to make do with 5 less, but make sure that parks were available 6 for New Yorkers to use -- the job she did 7 during those difficult times was really 8 amazing. 9 And also her work to preserve all 10 of the very important parts of New York's 11 history, with her work at the Historical 12 Society. Again, during very, very difficult 13 times for that institution, she worked very 14 hard to make sure that that institution was 15 able not just to survive but to set it up so 16 that it could thrive. 17 And I think the other important 18 thing is that Betsy Gotbaum's life has not 19 been without adversity, without tragedy. And 20 she already brought sort of institutionally 21 smarts and compassion to every job that she 22 did, but I also think that her life 23 experience, her most recent life experience 24 also will serve her well in a new job, and I 25 know she'll use that life experience in her

Candyco Transcription Service, Inc. 1 new position. 2 So I think that the Governor has 3 really made an excellent choice, and I 4 strongly recommend a yes vote on this 5 nomination, Mr. President. 6 ACTING PRESIDENT BRESLIN: 7 Senator Savino. 8 SENATOR SAVINO: Thank you, 9 Mr. President. I'll be very brief on behalf 10 my friend Betsy Gotbaum. 11 And you've heard many of the people 12 here today call her friend, and she is. She's 13 a friend not just to us personally, but she's 14 been a friend to the City of New York. And 15 I'm going to commend the Governor and 16 congratulate him on his appointment. 17 You know, generally when people 18 come in to be interviewed by whatever the 19 particular committee is for whatever the 20 particular position is, we get a resume or a 21 little curriculum vitae. But Betsy Gotbaum's 22 life work has been so rich and so varied that 23 she had to send in her biography. And what is 24 a biography it is. You all have it; you can 25 read it.

Candyco Transcription Service, Inc. 1 And interestingly, like a lot of 2 women of her generation, she doesn't hide 3 behind the powerful man that she was married 4 to. He's right on the bottom of the last 5 page -- just as a footnote, she's married to 6 Victor Gotbaum. 7 Both Betsy and Victor have been 8 real friends of the City of New York in so 9 many ways. All of you know their history. 10 And I will tell you, I'm not sure 11 why Betsy wants to continue working. I 12 thought she was going to start to enjoy 13 retirement. But I'm glad you're not. 14 Congratulations to you, to Victor 15 and your entire family. 16 Thank you. 17 ACTING PRESIDENT BRESLIN: The 18 question is on the nomination. All those in 19 favor please signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT BRESLIN: 22 Opposed, nay. 23 (Response of "Nay.") 24 SENATOR PADAVAN: Slow roll call, 25 Mr. President, if we may.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Do 2 five Senators rise to request that recording? 3 All those in favor of the 4 nomination please signify by raising their 5 hand. 6 The Secretary will announce the 7 results. 8 THE SECRETARY: Ayes, 31. Nays, 9 27. 10 ACTING PRESIDENT BRESLIN: The 11 nomination is hereby confirmed. 12 SENATOR PADAVAN: Point of order, 13 Mr. President. 14 Once again, if I may -- and I'll be 15 very brief -- your determination that this 16 confirmation took place by 31 votes is 17 contrary to what has happened in this Senate 18 for as long as I have been here, and that's 19 38 years. Namely, that a majority, one more 20 than half of the numbers of the Senators, must 21 confirm. 22 That has not taken place. Your 23 deference to Mason's, as pointed out by 24 Senator Saland, indicated that this was a 25 procedural matter, which I believe it is not.

Candyco Transcription Service, Inc. 1 It is a substantive matter. Advice and 2 consent is a substantive matter. To say 3 otherwise demeans not only the process but 4 also the nominees and the power of the 5 Governor. 6 ACTING PRESIDENT BRESLIN: 7 Senator Padavan, this is a gubernatorial 8 appointment. There's nothing in the rules to 9 outline it. We go to Mason's. And I would 10 rest back with what I previously ruled. 11 The point of order therefore is out 12 of order. 13 SENATOR PADAVAN: Appeal the 14 ruling of the chair. 15 ACTING PRESIDENT BRESLIN: All 16 those in favor of overruling the chair please 17 raise their hands. 18 The Secretary will announce the 19 results. 20 THE SECRETARY: Ayes, 26. Nays, 21 31. 22 ACTING PRESIDENT BRESLIN: The 23 ruling of the chair is affirmed. 24 The motion carries. The nomination 25 of Elisabeth F. Gotbaum is hereby confirmed.

Candyco Transcription Service, Inc. 1 Congratulations, Ms. Gotbaum. 2 (Applause.) 3 ACTING PRESIDENT BRESLIN: 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, 6 can we please return to motions and 7 resolutions and please take up resolution 8 Number 3908, by Senator Aubertine. I move 9 that the title of the resolution be read and 10 move for its immediate adoption. 11 ACTING PRESIDENT BRESLIN: The 12 Secretary will read. 13 THE SECRETARY: By Senator 14 Aubertine, Legislative Resolution Number 3908, 15 memorializing Governor David A. Paterson to 16 proclaim February 20 through 27, 2010, as 17 Future Farmers of America Week in the State of 18 New York. 19 ACTING PRESIDENT BRESLIN: The 20 question is on the resolution. All those in 21 favor please signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT BRESLIN: 24 Opposed, nay. 25 (No response.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: The 2 resolution is adopted. 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, 5 can we now go back and finish the standing 6 committees. 7 I believe there's a report of the 8 Finance Committee. Can we continue with the 9 report of the Finance Committee. 10 ACTING PRESIDENT BRESLIN: Yes. 11 The Secretary will read. 12 THE SECRETARY: Senator Kruger, 13 from the Committee on Finance, reports the 14 following nominations. 15 As a members of the Finger Lakes 16 State Park, Recreation and Historic 17 Preservation Commission, Robert K. Bergan, of 18 Auburn. 19 As a member of the Palisades 20 Interstate Park Commission, Keith Cornell, of 21 Valley Cottage. 22 As a member of the State Park, 23 Recreation and Historic Preservation 24 Commission for the City of New York, Michael 25 Tannen, of New York City.

Candyco Transcription Service, Inc. 1 As members of the Advisory Council 2 on Agriculture, Joy D. Crist, of Walden; 3 Cheryl K. Horton, of Philadelphia; and Daniel 4 J. McGarr, of King Ferry. 5 As a member of the Capital District 6 Transportation Authority, Lisa A. Ballout, of 7 Clifton Park. 8 As a member of the Central New York 9 Regional Transportation Authority, Robert F. 10 Cuculich, of Liverpool. 11 As a member of the Republic Airport 12 Commission, Stella M. Barbera, of Lindenhurst. 13 As a member of the Thousand Islands 14 State Park, Recreation and Historic 15 Preservation Commission, Joseph Chavoustie, of 16 Cape Vincent. 17 As director of the New York 18 Convention Center Operating Corporation, 19 Jeffrey Scruggs, of New York City. 20 And as commissioners of the State 21 Insurance Fund, Eileen Frank, of New York 22 City, and Robert H. Hurlbut, of Honeoye Falls. 23 ACTING PRESIDENT BRESLIN: 24 Senator Kruger. 25 SENATOR CARL KRUGER: Please move

Candyco Transcription Service, Inc. 1 all the nominations. 2 ACTING PRESIDENT BRESLIN: Are 3 there any Senators wishing to be heard on the 4 nominations? 5 The question is then on the 6 confirmation of the nominations. All those in 7 favor please signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT BRESLIN: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT BRESLIN: The 13 motion carries. The nominations are 14 confirmed. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, is 17 there any further business at the desk? 18 ACTING PRESIDENT BRESLIN: 19 Senator Klein, the desk is clear. 20 SENATOR KLEIN: There being none, 21 I move we adjourn until tomorrow, Wednesday, 22 February 24th, at 2:00 p.m. 23 ACTING PRESIDENT BRESLIN: There 24 being no further business to come before the 25 Senate, on motion, the Senate stands adjourned

Candyco Transcription Service, Inc. 1 until Wednesday, February 24th, at 2:00 p.m. 2 (Whereupon, at 6:48 p.m., the 3 Senate adjourned.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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