Tuesday, March 2, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 2, 2010 11 3:53 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: In the 9 absence of clergy, may we bow our heads for a 10 moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT BRESLIN: The 14 reading of the Journal. 15 The Secretary will read. 16 THE SECRETARY: In Senate, 17 Monday, March 1, the Senate met pursuant to 18 adjournment. The Journal of Sunday, 19 February 28, was read and approved. On 20 motion, Senate adjourned. 21 ACTING PRESIDENT BRESLIN: 22 Without objection, the Journal stands approved 23 as read. 24 Presentation of petitions. 25 Messages from the Assembly.

Candyco Transcription Service, Inc. 1 Messages from the Governor. 2 Reports of standing committees. 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, I 5 believe there's a report of the Finance 6 Committee at the desk. 7 ACTING PRESIDENT BRESLIN: There 8 is a report of the Finance Committee. 9 The Secretary will read. 10 THE SECRETARY: Senator Kruger, 11 from the Committee on Finance, reports the 12 following nominations. 13 As a member of the Battery Park 14 City Authority, William C. Thompson, Jr., of 15 New York City. 16 As a member of the New York State 17 Bridge Authority, Roger P. Higgins, of 18 New Hamburg. 19 As a member of the Buffalo and Fort 20 Erie Public Bridge Authority, Philip J. 21 Tantillo, of Elma. 22 As a member of the 23 Rochester-Genesee Regional Transportation 24 Authority, Frank Vitagliano, Jr., of 25 Silver Springs.

Candyco Transcription Service, Inc. 1 As a member of the Board of 2 Trustees of the City University of New York, 3 Valerie Lancaster-Beal, of New York City. 4 As a member of the Board of 5 Trustees of the State University of New York, 6 Ronald Ehrenberg, of Ithaca. 7 As members of the Correction 8 Medical Review Board, Allison Bishop, of 9 Freeport; Marjorie A. Blieka, of Laurel 10 Hollow; and Bruce Howard David, M.D., of 11 New York City. 12 As members of the Small Business 13 Advisory Board, Stanley Grayson, of New York 14 City; William J. Grinker, of Brooklyn; and 15 Carey F. Staller, of Old Field. 16 As members of the State Banking 17 Board, Wilbur Klatsky, of Shoreham; Peter 18 Nicholas Kourides, of Rye; and Florian 19 Strassberger, of West Harrison. 20 As members of the Empire State 21 Plaza Art Commission, Cynthia B. Altman, of 22 Scarborough; Jonathan Dale Farkas, of New York 23 City; Louis Grachos, of Buffalo; Elizabeth 24 Kujawski, of New York City; Christine Miles, 25 of Albany; and Deborah Ronnen, of Rochester.

Candyco Transcription Service, Inc. 1 As a member of the Stewart Airport 2 Commission, Christopher A. White, of 3 New Paltz. 4 And as members of the Citizens 5 Policy and Complaint Review Council, John 6 Theodore Hilscher, of Hannacroix, and Thomas 7 K. Cross, LaGrangeville. 8 ACTING PRESIDENT BRESLIN: 9 Senator Kruger. 10 SENATOR CARL KRUGER: Thank you, 11 Mr. President. Will you please move those 12 nominations. 13 ACTING PRESIDENT BRESLIN: The 14 question is on the nominations. All those in 15 favor please signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT BRESLIN: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT BRESLIN: The 21 motion carries. The nominations are 22 confirmed. 23 Returning to the order of business, 24 reports of select committees. 25 Communications and reports from

Candyco Transcription Service, Inc. 1 state officers. 2 Motions and resolutions. 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, I 5 believe Senator Sampson has a resolution at 6 the desk. I ask that the resolution be read 7 in its entirety and move for its immediate 8 adoption. And I believe Senator Diaz wants to 9 speak on this resolution. 10 ACTING PRESIDENT BRESLIN: 11 Senator Klein, has this resolution been deemed 12 privileged and submitted by the office of the 13 Temporary President? 14 SENATOR KLEIN: Yes, it has, 15 Mr. President. 16 ACTING PRESIDENT BRESLIN: The 17 Secretary will read. 18 THE SECRETARY: By Senator 19 Sampson, legislative resolution expressing 20 sincerest heartfelt condolences to the victims 21 of the devastating magnitude 8.8 earthquake 22 and tsunami which hit Chile on February 27, 23 2010. 24 "WHEREAS, On February 27, 2010, a 25 magnitude 8.8 earthquake struck the coast of

Candyco Transcription Service, Inc. 1 Chile. This horrific natural disaster has 2 taken the lives of at least 700 people and has 3 displaced more than 2 million Chileans; and 4 "WHEREAS, The Chilean earthquake 5 was followed by more than 76 aftershocks 6 greater than 4.9 magnitude and by a tsunami 7 that struck the coast of Chile and some of 8 Chile's Pacific island communities, causing 9 loss of life and property damage; and 10 "WHEREAS, This devastating 11 earthquake and tsunami are estimated to have 12 caused as much as $30 billion in damage to 13 Chile's economy, more than half of which is 14 from the State of Santiago, which contains 15 Chile's capital, Santiago; and 16 "WHEREAS, New York State and 17 particularly New York City are home to a large 18 and thriving community of Chileans. And this 19 Legislative Body joins those communities in 20 solidarity during this time of sorrow; and 21 "WHEREAS, The Chilean community of 22 the State of New York maintains close ties 23 with family and friends in their native land 24 and are concerned about their health, safety, 25 and quality of life; and

Candyco Transcription Service, Inc. 1 "WHEREAS, This natural catastrophe 2 was 500 times more powerful than the 3 devastating Haitian earthquake of January 12, 4 2010, but by great good fortune, the loss of 5 life is thankfully much less; and 6 "WHEREAS, The United States has 7 prepositioned resources to assist Chile if, or 8 when, it asks for international assistance; 9 and 10 "WHEREAS, This Legislative Body 11 recognizes the epic devastation that has been 12 and continues to be caused by the natural 13 disaster that hit Chile, and particularly the 14 City of Concepcion and the Province of 15 Santiago, and the far-reaching loss of life 16 and damage that has been sustained by the 17 victims of this tragedy throughout the country 18 of Chile; and 19 "WHEREAS, On behalf of the people 20 of the State of New York, the members of this 21 Legislative Body offer their deepest 22 condolences to the families and loved ones of 23 those who were killed or injured, and pledge 24 their heartfelt support through this time of 25 grief, sorrow, and rebuilding; and

Candyco Transcription Service, Inc. 1 "WHEREAS, Above all else, the 2 generous people of the State of New York, as 3 represented by this Legislative Body, will be 4 steadfast in their solidarity with the victims 5 of this tragedy until stability returns to 6 their country and hope is restored to their 7 lives; now, therefore, be it 8 "RESOLVED, That this Legislative 9 Body pause in its deliberations to express 10 sincerest heartfelt condolences to the victims 11 of the devastating earthquake and tsunami that 12 hit the country of Chile, and to encourage 13 New York's citizens, nonprofit humanitarian 14 organizations, the state and governmental 15 subdivisions to render humanitarian aid to our 16 neighbors in Chile; and be it further 17 "RESOLVED, That copies of this 18 resolution, suitably engrossed, be transmitted 19 to the Chilean Consul-General in New York 20 City; the Chilean President, the Honorable 21 Michelle Bachelet; and the Chilean 22 President-Elect, Sebastian Pinera." 23 ACTING PRESIDENT BRESLIN: 24 Senator Diaz. 25 SENATOR DIAZ: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 Mr. President, as you know, Haiti 3 some time ago, a few months ago, was 4 devastated by a hurricane {sic}. And the love 5 and the humanitarian action of the people of 6 the State of New York and this body was great. 7 I remember that I conducted a marathon in the 8 Bronx, and even our Governor, Governor David 9 Paterson, showed over there to help me 10 publicly ask for help. 11 So we all know that the people of 12 the State of New York and the members of this 13 body, when there is -- when we have been 14 needed, we have been there. 15 Now, on February 27th, Chile was 16 devastated. A hurricane {sic} of a magnitude 17 of 8.8 -- that was a biggie. And I just want 18 to ask, to all of you -- to thank you first, 19 all of you, for your help, for your prayers, 20 for all the things that you do when times like 21 this come. And that the same way we have done 22 it for every other country and every other 23 city, now Chile and the Chilean people are in 24 desperate need. 25 So, ladies and gentlemen, I thank

Candyco Transcription Service, Inc. 1 you one more time. And I thank you, 2 Mr. President. And I am just asking, I'm 3 trying to encourage the people of New York, 4 the not-for-profit humanitarian organizations, 5 the state, and governmental agencies to render 6 whatever humanitarian help we could do for 7 Chile and for the Chilean people. 8 There is many, many, many Chilean 9 people living in the State of New York. And 10 this body has always, has always been there 11 for the needy people. 12 So thank you for this opportunity. 13 And one more time, I thank you all, ladies and 14 gentlemen, and I ask you to join me in this 15 resolution and to be part of it, and to help 16 and to pray, to pray for the people of Chile 17 that are going through difficult times. 18 Thank you, Mr. President. 19 ACTING PRESIDENT BRESLIN: Thank 20 you, Senator Diaz. 21 The question is then on the 22 resolution. All those in favor please signify 23 by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT BRESLIN: The 4 resolution is adopted. 5 Senator Sampson has indicated that 6 he would like to open this resolution up to 7 the entire body for cosponsorship. Any 8 Senator wishing not to be on the resolution 9 please signify that fact by coming to the 10 desk. 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, I 13 believe Senator Sampson has another resolution 14 at the desk. I ask that the title of the 15 resolution be read and move for its immediate 16 adoption. 17 ACTING PRESIDENT BRESLIN: 18 Senator Klein, has this resolution been deemed 19 privileged and submitted by the office of the 20 Temporary President? 21 SENATOR KLEIN: Yes, it has, 22 Mr. President. 23 ACTING PRESIDENT BRESLIN: The 24 Secretary will read. 25 THE SECRETARY: By Senator

Candyco Transcription Service, Inc. 1 Sampson, Legislative Resolution Number 4040, 2 memorializing Governor David A. Paterson to 3 proclaim March 6, 2010, as Lymphedema 4 Awareness Day in the State of New York. 5 ACTING PRESIDENT BRESLIN: The 6 question is on the resolution. 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 resolution is adopted. 14 Senators Sampson and Adams have 15 indicated that they would like to open this 16 resolution up to the entire body for 17 cosponsorship. Any Senator wishing to not be 18 on the resolution please inform the desk. 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, I 21 believe Senator Stavisky has a resolution at 22 the desk. I ask that the title of the 23 resolution be read and move for its immediate 24 adoption. 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Senator Klein, has this resolution been deemed 2 privileged and submitted to the office of the 3 Temporary President? 4 SENATOR KLEIN: Yes, it has, 5 Mr. President. 6 ACTING PRESIDENT BRESLIN: The 7 Secretary will read. 8 THE SECRETARY: By Senator 9 Stavisky, Concurrent Resolution of the Senate 10 and Assembly providing for the election of six 11 Regents of the University of the State of 12 New York. 13 ACTING PRESIDENT BRESLIN: The 14 Secretary will call the roll on the concurrent 15 resolution. 16 SENATOR LIBOUS: Mr. President, 17 will you please recognize Senator Larkin. 18 ACTING PRESIDENT BRESLIN: Excuse 19 me. Senator Larkin. 20 SENATOR LARKIN: Thank you, 21 Mr. President. 22 You know, to be appointed to this 23 position is very, very important to all the 24 members of our state. It's also important 25 that they, in their capacity as this appointed

Candyco Transcription Service, Inc. 1 official, that they positively respond to the 2 constituents. 3 Now, in my district, the Hudson 4 Valley, Mr. Phillips met with us and the 5 Chancellor, and she assured us that not only 6 would things change but they would be at the 7 next meeting of the whole Hudson Valley, seven 8 counties. It came and it went, and we got 9 nothing from Mr. Phillips. 10 Mr. Phillips has never showed up at 11 one of our meetings, our annual or quarterly, 12 never has responded to correspondence I sent 13 to him. And so I'm offended that they want to 14 reappoint somebody who just cast aside seven 15 counties in the Hudson Valley. 16 This is a serious appointment. 17 This is a very responsible appointment. But 18 there's no positive response of what the 19 people of the Hudson Valley need. The 20 commitments that were made by the Chancellor, 21 when she said "We will be there, we will 22 answer you, and we will do this, this, 23 this" -- fine. Talk is cheap. People in the 24 Hudson Valley are asking a lot of questions: 25 What do you do with Congress? What are you

Candyco Transcription Service, Inc. 1 doing with the state? But there was nobody 2 there to respond. 3 So in all good conscience, if we're 4 putting all of them on the same ballot, I have 5 to vote no. Why? Because we've been let 6 down. We've had someone who was appointed, 7 now wants to be reelected, and he hasn't 8 fulfilled his obligations. 9 And everybody said, "We will. We 10 understand that we weren't there, but we'll 11 make it." Mr. President and my colleagues, 12 how do you vote for someone who doesn't 13 fulfill his responsibilities? I say no. 14 ACTING PRESIDENT BRESLIN: Thank 15 you, Senator Larkin. 16 Senator Maziarz. 17 SENATOR MAZIARZ: Thank you very 18 much, Mr. President. 19 A little bit of the opposite end of 20 the spectrum of my good colleague Senator 21 Larkin. 22 I rise to speak in favor of one of 23 these appointments, Bob Bennett from Western 24 New York, a former chancellor of the Board of 25 Regents.

Candyco Transcription Service, Inc. 1 Bob Bennett is extremely positive 2 for the Western New York community. Whenever 3 you want to meet with Regent Bennett, invite 4 him into the schools, he's always been 5 extremely accommodating in just returning 6 phone calls, willing to meet with individual 7 constituents, entire school districts. He 8 visits schools throughout Western New York. 9 I don't think there's any request 10 that I have ever made of Regent Bob Bennett 11 that he has not responded to in most 12 instances, when he could, in a very favorable 13 and positive way. 14 So, Mr. President, we have to vote 15 on all of these individuals together, and I 16 just want to put in a very positive word for 17 Robert Bennett from Erie County for his 18 reappointment as a Regent to the State 19 Education Department. 20 Thank you, Mr. President. 21 ACTING PRESIDENT BRESLIN: Thank 22 you, Senator Maziarz. 23 Senator Marcellino. 24 SENATOR MARCELLINO: Thank you, 25 Mr. President.

Candyco Transcription Service, Inc. 1 I also rise in a positive vein, 2 although I do recognize my learned colleague 3 Senator Larkin's comments and I do appreciate 4 his point of view. If you have someone who 5 has said that they will do certain things and 6 then don't fulfill their obligations, I agree 7 you want to speak up and, in his case, vote 8 against. 9 I, on the other hand, have a 10 Regent, Roger Tilles, who is from Nassau 11 County and has been just the opposite -- been 12 attentive, been outgoing, willing to meet with 13 every school group and PTA and school board 14 that you could name, has been around the 15 district, been around the state, thoroughly 16 enjoys his job and I think does it with honor 17 and with credibility. 18 He, I believe, is the only Regent 19 with children in the school systems, actually 20 has children in the public schools. So I 21 think that's a grounds alone to keep him 22 there, because it brings the perspective of a 23 parent to the situation and to the Board of 24 Regents. 25 Roger is a very capable fellow, and

Candyco Transcription Service, Inc. 1 I know him for a long period of time. He's 2 honorable, he's capable. His family have been 3 well-known. He used to be the president of 4 Long Island University, so he is known for his 5 attention to educational matters both at the 6 secondary, elementary, and the upper levels. 7 He is an excellent Regent, has 8 acquitted himself well and I know will acquit 9 himself in the future very well. He is an 10 excellent appointment, and I'm proud to 11 support him. 12 Thank you, Mr. President. 13 ACTING PRESIDENT BRESLIN: Thank 14 you, Senator Marcellino. 15 Senator Ranzenhofer. 16 SENATOR RANZENHOFER: Thank you, 17 Mr. Chairman. 18 I'd also like to rise in support of 19 one of Regents, Robert Bennett, who is a 20 resident of my district. 21 I've only been in the Senate here 22 for a short time, but in the 13 months that 23 I've been working with Mr. Bennett, he is very 24 attentive to the needs of the district. We 25 had a meeting just a couple of weeks ago where

Candyco Transcription Service, Inc. 1 he didn't have to attend, but not only did he 2 attend but he was one of the leaders at the 3 forum. 4 He is known throughout Western 5 New York for his leadership, for his 6 expertise. He has been a Regent for a number 7 of years and just has a reputation that is 8 beyond reproach, will continue, in my 9 judgment, to do an excellent job representing 10 the State of New York. 11 Thank you. 12 ACTING PRESIDENT BRESLIN: Thank 13 you, Senator Ranzenhofer. 14 Senator LaValle. 15 SENATOR LaVALLE: Thank you, 16 Mr. President. 17 I think it has been a long time 18 since this house has passed a concurrent 19 resolution to deal with the election of the 20 members of the Board of Regents. I think 21 Warren Anderson was the majority leader the 22 last time that this was accomplished. 23 I want to speak on the reelection 24 of Roger Tilles, who has spent a good part of 25 his life, both in the State of Michigan and

Candyco Transcription Service, Inc. 1 here in the State of New York, dealing with 2 education issues. 3 Roger has distinguished himself in 4 many ways. One, I believe we in the Tenth 5 Judicial District are very, very fortunate to 6 have such a hardworking and dedicated Regent. 7 A lot of people in the State of 8 New York do not know that there is a Board of 9 Regents and that they have, in their judicial 10 district, a Regent. We, on Long Island, I 11 think a high percentage of people know of the 12 work of Roger Tilles. Whenever there's a 13 meeting, a gathering on education issues, 14 Roger is there, articulates on the board point 15 of view for the people in the Tenth Judicial 16 District. 17 He is a smart guy who brings a lot 18 of class to the Board of Regents, and we are 19 indeed fortunate to, by concurrent resolution, 20 reelect Roger Tilles. 21 Thank you. 22 ACTING PRESIDENT BRESLIN: Thank 23 you, Senator LaValle. 24 Senator Little. 25 SENATOR LITTLE: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 I rise in support of Regent James 3 Dawson, who is from the town of Peru and has 4 been a member of the Board of Regents -- I 5 believe this will be his fourth term, at least 6 his third term, if not his fourth term, in 7 office. 8 And in that time, despite the fact 9 that his Regents school district I believe 10 covers 170 school districts or something and 11 is one of the largest in the state, he visits 12 each of those schools every year and has 13 certainly been available to anyone who wanted 14 to talk to him about issues that were 15 important to their school. 16 So I appreciate his attentiveness, 17 and I also appreciate his experience in the 18 elementary and secondary schools as well as he 19 has served as a professor at SUNY Plattsburgh 20 in their geology department and certainly 21 knows the issues at our SUNY system as well. 22 So I thank him for his work in the 23 past, and I am proud and pleased to stand in 24 support of him for another term on the Board 25 of Regents.

Candyco Transcription Service, Inc. 1 Thank you. 2 ACTING PRESIDENT BRESLIN: Thank 3 you, Senator Little. 4 Senator Stewart-Cousins. 5 SENATOR STEWART-COUSINS: Yes, 6 thank you, Mr. President. 7 I rise to, I'm sorry to say, 8 disagree with my good friend and colleague 9 Senator Larkin with regard to my constituent 10 and trustee Harry Phillips. 11 He has been extraordinary in terms 12 of being available. I was surprised, 13 actually, to hear what has happened. And I 14 can only say is that whether it is a community 15 meeting about what's going on in the present 16 or the future, the focus on technology, the 17 focus on creating opportunities, the focus on 18 keeping ahead of the curve has always been 19 what has underscored what Trustee Phillips has 20 brought to the Regents. 21 So I certainly wholeheartedly 22 endorse his reappointment and certainly will 23 work with Senator Larkin to make sure that he 24 has the great experience that I've had with 25 Regent Harry Phillips.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Thank 2 you, Senator Stewart-Cousins. 3 Senator Stavisky, to close. 4 SENATOR STAVISKY: Thank you, 5 Mr. President. 6 This is a unique situation where 7 Regents can be chosen either through a joint 8 session or by concurrent resolution. And I'm 9 delighted that we have chosen this pathway 10 this year, because it makes it almost more 11 personal. 12 We have six Regents being 13 reappointed today. And if you think about it, 14 they bring a sense of concern for young 15 people, a spirit of volunteering. They don't 16 get paid, they get reimbursed for actual 17 expenses. This is an unpaid position, a 18 position that goes back, incidentally, to the 19 days of Alexander Hamilton, who served as a 20 Regent of the State of New York. 21 The history is a long and glorious 22 one. They have a caring attitude toward young 23 people. But for the most part, they are 24 available to meet with their constituencies. 25 And I will absolutely call Regent Phillips to

Candyco Transcription Service, Inc. 1 find out what the problem is, because I am 2 sure that he is as concerned as everybody else 3 about the future of young people. 4 But think about the variety of the 5 people who we are confirming here today. We 6 have the president, for example, Karen Brooks 7 Hopkins, who heads the Brooklyn Academy of 8 Music, BAM. James Dawson is a geologist. 9 Robert Bennett was the CEO of a large 10 not-for-profit. Harry Phillips, an insurance 11 broker. 12 Roger Tilles, a lawyer and an 13 investment banker. And let me add one other 14 job that he held; he worked for the Michigan 15 Legislature. So he understands the role of 16 the Legislature and the individual 17 legislators. He's an attorney who worked I 18 believe for the speaker of the Michigan State 19 House. 20 And we have Dr. Lester Young, who 21 lives in my district, a respected -- retired, 22 but respected educator. He was a community 23 school district superintendent who rose 24 through the ranks to become a leading educator 25 in New York State.

Candyco Transcription Service, Inc. 1 So I am delighted to support all 2 six of the nominees. I think they bring 3 dignity and grace and dedication to the 4 office. 5 And all you have to do is go across 6 the street to the State Education Department, 7 attend one of their meetings, and everything 8 is so seeped in history that you watch the 9 deliberations and you realize this is a 10 history that goes back to the founding of our 11 nation. And I'm just delighted that today 12 we're going to continue that tradition as we 13 confirm, in a concurrent resolution, these six 14 individuals. 15 So thank you, Mr. President, and I 16 move the nominations. 17 ACTING PRESIDENT BRESLIN: Thank 18 you, Senator Stavisky. 19 The Secretary will call the roll on 20 the concurrent resolution. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. Nays, 23 1. 24 ACTING PRESIDENT BRESLIN: The 25 resolution is adopted.

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Mr. President, at 3 this time I move that we pass the Resolution 4 Calendar in its entirety, with the exception 5 of Senate Resolutions 3646, 4062, 4067, and 6 4086. 7 ACTING PRESIDENT BRESLIN: All 8 those in favor of adopting the Resolution 9 Calendar in its entirety, with the exception 10 of Senate Resolutions 3646, 4062, 4067 and 11 4086, please signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT BRESLIN: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT BRESLIN: The 17 Resolution Calendar is adopted. 18 Senator Klein. 19 SENATOR KLEIN: Mr. President, at 20 this time I move we take up Senate Resolution 21 Number 4086, by Senator Sampson. I ask that 22 the title of the resolution be read and move 23 for its immediate adoption. 24 ACTING PRESIDENT BRESLIN: The 25 Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: By Senators 2 Sampson and Adams, legislative resolution 3 honoring New York Police Department Inspector 4 Timothy Pearson upon the occasion of his 5 selection as Person of the Year by the 6 Guardians Association of the New York City 7 Police Department on March 5, 2010. 8 ACTING PRESIDENT BRESLIN: Are 9 there any Senators wishing to be heard on the 10 resolution? 11 The question is then on the 12 resolution. All those in favor please signify 13 by saying 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, at 22 this time I move we take up my resolution, 23 Senate Resolution 4062. I ask that the title 24 of the resolution be read and move for its 25 immediate adoption.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: The 2 Secretary will read. 3 THE SECRETARY: By Senator Klein, 4 Legislative Resolution Number 4062, 5 commemorating the 40th Anniversary of the 6 New York State Consumer Protection Board. 7 ACTING PRESIDENT BRESLIN: 8 Senator Klein. 9 SENATOR KLEIN: Thank you very, 10 much, Mr. President. 11 I'm proud to sponsor this 12 resolution honoring the 40th anniversary of 13 the New York State Consumer Protection Board. 14 Since 1970, the New York State Consumer 15 Protection Board has worked very diligently to 16 protect, educate, and represent the consumers 17 of our state. 18 I know firsthand. One of the 19 pieces of legislation that I'm very proud of 20 that I worked very, very closely with the 21 Consumer Protection Board is New York State's 22 "Do Not Call" List. I sponsored the bill in 23 the Assembly at the time; Senator Chuck 24 Fuschillo sponsored the bill in this house. 25 And it's proved to be a very, very effective

Candyco Transcription Service, Inc. 1 tool in curbing all of those unwanted 2 telemarketing calls. As a matter of fact, the 3 state law in New York was so successful that 4 it really proved to be a model for national 5 legislation which is now in effect. 6 Again, they have done such a great 7 job over their 40 years, the Consumer 8 Protection Board, in calling attention to a 9 whole range of issues -- predatory lending, 10 identity theft, personal privacy issues -- 11 that I'm proud to recognize them on their 40th 12 anniversary. 13 Also, I want to recognize a special 14 guest we have with us in the chamber today, 15 Mindy Bockstein, who is the chairperson and 16 executive director of the New York State 17 Consumer Protection Board. I know Mindy has 18 been, over the years, a dedicated public 19 servant. I remember when she worked for Dan 20 Feldman as his counsel in the State Assembly. 21 And she's still serving our great state in her 22 new capacity. 23 I thank you, Mindy. 24 And I thank you, Mr. President. 25 ACTING PRESIDENT BRESLIN: The

Candyco Transcription Service, Inc. 1 question is then on the resolution. All those 2 in favor please signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT BRESLIN: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT BRESLIN: 8 Senator Oppenheimer, on the resolution. 9 SENATOR OPPENHEIMER: On the 10 resolution, please. 11 Harry Phillips has been our Regent 12 in Westchester County. And I was listening to 13 Senator Larkin, and there may have been some 14 disagreements there as far as perhaps him not 15 being as available up there. But I can only 16 say there is no one more available in my 17 county. And whenever I call upon him, he is 18 always available. 19 And his expertise in the area of 20 computer science and his wish to see every 21 child in the State of New York educated 22 completely in the computer and, you know, the 23 world that is going to be facing them in the 24 future. And he wants every child to be 25 totally computer literate.

Candyco Transcription Service, Inc. 1 So I feel he's an important member 2 of the Regents. And his particular expertise 3 I think is something that we have to certainly 4 focus our attention on in coming years. So 5 I'm very happy to support Harry Phillips. 6 ACTING PRESIDENT BRESLIN: 7 Senator Oppenheimer, your comments will be 8 incorporated by reference to the concurrent 9 resolution on the Regents. 10 Now we are back to Resolution 4062. 11 All those in favor please signify by saying 12 aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT BRESLIN: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT BRESLIN: The 18 resolution is adopted. 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, I 21 have one brief announcement. 22 We were unable to do it yesterday 23 because we didn't know it at the time, but I 24 want to congratulate one of our colleagues 25 from Buffalo and Niagara. Yesterday was his

Candyco Transcription Service, Inc. 1 40th birthday. Senator Antoine Thompson, 2 everyone. 3 (Applause.) 4 SENATOR KLEIN: Also, 5 Mr. President, at this time if you can 6 recognize Senator Andrea Stewart-Cousins, I 7 believe she has some special guests she'd like 8 to introduce. 9 ACTING PRESIDENT BRESLIN: 10 Senator Andrea Stewart-Cousins. 11 SENATOR STEWART-COUSINS: Thank 12 you. Thank you, Mr. President. 13 I am just rising to recognize the 14 young people from Roosevelt High School of 15 Yonkers, New York, who are here with their 16 teacher, Mr. Frank Leonetti. The three 17 students -- Maneka Phiri, Dominique Seabrooks, 18 Shanice Martin -- are part of a Skills USA 19 program. 20 Roosevelt has been outstanding in 21 participating in Skills USA and has brought 22 their message of teen dating violence and how 23 we must not ever, ever, ever think that we 24 should be exposed to dating violence to their 25 peers.

Candyco Transcription Service, Inc. 1 The Skills USA team has gone from 2 Roosevelt across the country and has come in 3 second last year. I think these young ladies 4 will do it again and maybe even come in first. 5 But what's most important is that 6 they're starting at a very young age to be 7 advocates and to make sure that their peers 8 understand that it is never acceptable to be 9 abused, even -- certainly -- not in the name 10 of love. So I wanted to congratulate them. 11 They're also here supporting a bill 12 that Senator Maziarz is sponsoring, and I'm a 13 cosponsor, with many of my colleagues, and 14 that's Senate Bill 2537, which asks that 15 information about dating violence be included 16 in the curriculum. 17 They understand that the economics 18 of our time might not allow for a complete 19 curriculum change, and they are now working to 20 create policy that will just be part of what 21 happens when kids go to school from 7 to 12 to 22 know that they are very precious and need 23 never be subjected to violence. 24 So I did want to recognize these 25 three young ladies and their teacher and thank

Candyco Transcription Service, Inc. 1 them for taking the word about teen violence 2 and teen dating to their peers. Thank you so 3 much for your advocacy. 4 ACTING PRESIDENT BRESLIN: Thank 5 you, Senator Stewart-Cousins. 6 And congratulations. 7 (Applause.) 8 ACTING PRESIDENT BRESLIN: 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, at 11 this time I move we take up Senate Resolution 12 Number 4067, by Senator Thompson. I ask that 13 the title of the resolution be read and move 14 for its immediate adoption. 15 ACTING PRESIDENT BRESLIN: The 16 Secretary will read. 17 THE SECRETARY: By Senator 18 Thompson, Legislative Resolution Number 4067, 19 memorializing Governor David A. Paterson to 20 proclaim March 2, 2010, as Minority/Women 21 Business Enterprise Awareness Day in the State 22 of New York. 23 ACTING PRESIDENT BRESLIN: 24 Senator Thompson. 25 SENATOR THOMPSON: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. I am very humbled to be here 2 today to have the opportunity to speak on a 3 very important resolution. Today is Minority 4 and Women Business Enterprise Awareness Day in 5 the State Capitol. And we have businesspeople 6 here from all over the state, from the state 7 line, from one end of the state to the other 8 end of the state, from Buffalo all the way to 9 Long Island. 10 And these businesspeople, both men 11 and women, from every walk of life are in the 12 State Capitol pushing hard for expansion of 13 economic opportunities for minority- and 14 women-owned business enterprise development in 15 this state. 16 And so I'm really happy about 17 today. This has been a long time coming. 18 Many women-owned businesses and minority-owned 19 businesses have struggled for years to have 20 their fair share to access, to the procurement 21 market -- but not only as contractors and 22 construction firms but also as architects and 23 engineers, investment companies. And so I'm 24 really thrilled about this opportunity. 25 Last year we were able to work

Candyco Transcription Service, Inc. 1 together to make sure that we passed more than 2 four pieces of legislation through this 3 Senate. In one year last year we were able to 4 do that to help minority- and women-owned 5 businesses throughout this state. 6 But we still have a lot of work to 7 do. And so today businesspeople came from 8 throughout the state saying that they want to 9 take advantage of the opportunities that this 10 state has to offer. And I say to them thank 11 you. 12 And to my colleagues who have 13 worked hard -- my colleague Senator Andrea 14 Stewart-Cousins, who is the cochair of the 15 MWBE Task Force in the Senate, also my 16 colleague Ruth Hassell-Thompson, who also has 17 been fighting this fight -- in addition to so 18 many people in this chamber who fought so hard 19 for so many years. 20 We have a big job this year. 21 People want to reform Article 15A, we want to 22 give it some more teeth, we want to expand the 23 road to opportunity, we want to make sure that 24 we increase the level of participation for 25 qualified minority- and women-owned

Candyco Transcription Service, Inc. 1 businesses. 2 I can tell you, in closing, that 3 this is a tremendous day. And when I look at 4 the women builders group and I look at the 5 various construction and investment firm 6 business owners that are here today, I know 7 that we are on the right track. And this is 8 the third wave of the civil rights movement in 9 the United States of America, and it has 10 landed in Albany. And I'm telling you, I am 11 so happy to see it. 12 Thank you, and God bless. 13 ACTING PRESIDENT BRESLIN: Thank 14 you, Senator. 15 The question is then on the 16 resolution. All those in favor please signify 17 by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT BRESLIN: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT BRESLIN: The 23 resolution is adopted. 24 Senator Thompson has indicated that 25 he would like to open this resolution up to

Candyco Transcription Service, Inc. 1 the entire body for cosponsorship. Any 2 Senator wishing to not be on the resolution 3 please inform the desk. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, 6 can we please take up Senate Resolution 3646, 7 by Senator Larkin. I ask that the title of 8 the resolution be read and move for its 9 immediate adoption. 10 ACTING PRESIDENT BRESLIN: The 11 Secretary will read. 12 THE SECRETARY: By Senator 13 Larkin, Legislative Resolution Number 3646, 14 commemorating the 45th Anniversary of the 15 Selma-to-Montgomery March for Voting Rights 16 that began on Sunday, March 7, 1965. 17 ACTING PRESIDENT BRESLIN: 18 Senator Larkin. 19 SENATOR LARKIN: Thank you, 20 Mr. President. 21 You know, it just seems like 22 yesterday when this march took place. 23 Mr. Costa had a full head of hair. I figure 24 I'd get somebody woke up. 25 You know, I look back on that march

Candyco Transcription Service, Inc. 1 and with thinking about what happened, you 2 know, we talk about the 7th, we talk about the 3 21st when it started. But, you know, the 14th 4 of March, 1965, a chief of police by the name 5 of Bull Connor had a bullhorn and had hoses on 6 a bridge. And as the marchers came to the 7 bridge, they blew them off with the hoses, and 8 everything was gone. 9 About three days later, in 10 Washington, the Army Chief of Staff called a 11 meeting of quite a few people and said, "We're 12 going back." And, specifically: "Bill 13 Larkin, you're going back tomorrow. And 14 you'll meet with the governor and all others, 15 and then we'll plan how this procession," as 16 he called it, would start. 17 I had the fortune of going to see a 18 full colonel in the National Guard of Alabama, 19 told him what my mission was, that I needed to 20 see the governor of the State of Alabama and 21 present him. 22 Mr. Wallace took the proclamation 23 from the President of the United States and he 24 said, "Here, throw it in the fire. We won't 25 do anything."

Candyco Transcription Service, Inc. 1 Well, at midnight I went back and I 2 said, "Here are your orders, and you're 3 activated." And the governor was very shrewd 4 and -- arrogant is a better word, because he 5 said "I wouldn't activate these troops for 6 anything." But his rationale that he tried to 7 make public was the fact that by Alabama not 8 activating the troops, the United States 9 government would pay for all of the troops 10 from Alabama and every place else. 11 We brought units in from the State 12 of Washington, at that time one of the largest 13 communications centers ever. We brought 14 people in from Stewart, 24th Division, 101st 15 Airborne, the 11th Air Assault from Benning, 16 Military Intelligence, and Military Police 17 battalions. 18 You know, when we met with Bull 19 Connor, he was very nice and he looked at me 20 and he said, "You know, Major, go back there 21 to Montgomery, to Maxwell Field. We got a lot 22 of you over there. This is my town." 23 And, you know, there's things in 24 your life you remember and you like to say. I 25 said: "Yes. But, Mr. Connor, step out of

Candyco Transcription Service, Inc. 1 line and we'll put you in jail and charge you 2 with inciting a riot." 3 Well, we marched, and for five days 4 we never saw or heard of Connor. Did the 5 march go smooth? Yes. But one of my 6 grandchildren said, "Did you ever meet 7 Dr. King and speak to him?" I said yes, for 8 about ten short minutes. I dealt with 9 Dr. Abernathy, who was a very sharp 10 individual, knew the march, how they were 11 going to do, looked over the plans that we 12 worked on for the previous week, and 13 everything moved. 14 You know, the sad part about it was 15 that on the 25th, when we completed it, the 16 marchers were going back to Selma, some 17 marchers were venturing off the sides of the 18 road, and what happened? A lady from the 19 United Auto Workers, Detroit, Michigan -- 20 Viola Liuzzo -- was killed. Sad. But other 21 than that, the march went along as we planned. 22 As a matter of fact, for somebody's 23 information, one of the marchers in the first 24 row that day was our Governor's father, Basil 25 Paterson.

Candyco Transcription Service, Inc. 1 But it's 45 years. Today, sad to 2 say, that of those who were on the 3 organization task force, I am the only one 4 still living. 5 This really was a great event in 6 the fact that President Johnson couldn't get 7 the votes so that we would have the Civil 8 Rights Voting Act in 1965. He had to go back 9 to the Republicans, led by Senator Nolan from 10 California, and Nolan gave him the votes in 11 order to pass that bill. 12 Sad to say, a former vice president 13 of the United States' father sat on his hands, 14 from Tennessee, and didn't support us. But 15 right after this, Nolan gave President Johnson 16 the votes, and the Civil Rights Voting Act 17 took place. 18 So when you all talk about how bad 19 we Republicans are, something like this 20 probably would have never happened, at least 21 at that time. 22 Thank you very much, Mr. President. 23 ACTING PRESIDENT BRESLIN: Thank 24 you, Senator Larkin. 25 The question is then on the

Candyco Transcription Service, Inc. 1 resolution. All those in favor please signify 2 by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT BRESLIN: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT BRESLIN: The 8 resolution is adopted. 9 Senator Larkin has indicated that 10 he would like to open up the resolution for 11 cosponsorship by the entire house. Any 12 Senator not wishing to be on the resolution 13 please notify the desk. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, is 16 there any further business at the desk? 17 ACTING PRESIDENT BRESLIN: 18 Senator Klein, the desk is clear. 19 SENATOR KLEIN: There being none, 20 Mr. President, I move we adjourn until 21 Wednesday, March 3rd, at 11:00 a.m. 22 ACTING PRESIDENT BRESLIN: There 23 being no further business to come before the 24 Senate, on motion, the Senate stands adjourned 25 until Wednesday, March 3rd, at 11:00 a.m.

Candyco Transcription Service, Inc. 1 (Whereupon, at 4:44 p.m., the 2 Senate adjourned.) 3 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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