Tuesday, March 23, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 23, 2010 11 4:10 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CRAIG M. JOHNSON, 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 JOHNSON: The 3 Senate will please come to order. 4 I ask everyone to rise and recite 5 with me the Pledge of Allegiance to our Flag. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT JOHNSON: In the 9 absence of clergy, may we all bow our heads in 10 a moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT JOHNSON: The 14 reading of the Journal. 15 The Secretary will read. 16 THE SECRETARY: In Senate, 17 Monday, March 22, the Senate met pursuant to 18 adjournment. The Journal of Sunday, March 21, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT JOHNSON: 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 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, I 9 believe there's a resolution at the desk by 10 Senator Sampson. I ask that the title of the 11 resolution be read and move for its immediate 12 adoption. 13 ACTING PRESIDENT JOHNSON: 14 Senator Klein, has this resolution been deemed 15 privileged and submitted by the office of the 16 Temporary President? 17 SENATOR KLEIN: Yes, it has, 18 Mr. President. 19 ACTING PRESIDENT JOHNSON: The 20 Secretary will read. 21 THE SECRETARY: By Senator 22 Sampson, legislative resolution commemorating 23 the 50th anniversary of the United Federation 24 of Teachers. 25 ACTING PRESIDENT JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Sampson. 2 SENATOR SAMPSON: Thank you very 3 much, Mr. President. 4 I just rise and I just want to 5 thank my friend and partner, the president of 6 UFT, Michael Mulgrew, for his leadership and 7 commitment to improving the quality of 8 education for all New Yorkers. 9 His desire to continue in the work 10 of Charles Cogen, Albert Shanker, Sandy 11 Feldman, and Randi Weingarten has been nothing 12 less than stellar. Mike had some big shoes to 13 fill, and he's done an extraordinary job. 14 Some people think of the UFT as -- 15 when they talk about UFT, some might think of 16 it in the political sense, but I think of it 17 more from the personal sense, being that my 18 mother was a UFT paraprofessional. And I grew 19 up in a union household to understand the most 20 important thing, the commitment to a union 21 body. 22 But most of all, I'm a person who 23 attended all public institutions with respect 24 to educating myself. And I have the privilege 25 to represent a public institution in the

Candyco Transcription Service, Inc. 1 New York State Senate today. 2 And at every twist and turn in my 3 life, there was a teacher, a mentor, a school 4 aide like my mother who made the difference 5 and who I give the credit for putting me in 6 the position I'm here today. 7 For 50 years, UFT has been a strong 8 voice and a tireless advocate for educators, 9 students, and parents. During its decades of 10 service, the UFT has put people through 11 school, improved our schools, and given 12 parents and students greater input into how 13 our schools operate. 14 We all know this is an extremely 15 difficult year and we have to make difficult 16 decisions. We need to balance our checkbook 17 like we are asking the public to balance their 18 checkbook. However, we still have to make 19 sure that we provide our students -- but most 20 of all, the ones that we love -- an education 21 that is second to none. And with the help of 22 UFT, we have been doing that for many, many 23 years. 24 So I just want to congratulate the 25 UFT on celebrating 50 years of success,

Candyco Transcription Service, Inc. 1 50 years of dedication, and 50 years of 2 leadership. And may they continue to do what 3 they always have been doing, fighting not only 4 for the rights of their own union members but 5 most of all making sure that all our children 6 throughout the city and throughout the state 7 have an education that is exemplary. 8 Thank you very much, Mr. President. 9 ACTING PRESIDENT JOHNSON: Thank 10 you very much, Senator Sampson. 11 Senator Toby Stavisky. 12 SENATOR STAVISKY: Thank you, 13 Mr. President. 14 I rise as a former member of the 15 UFT. I taught in the New York City public 16 high schools for about six and a half years or 17 so. 18 But my father was a teacher who 19 retired before the UFT was founded. And he 20 taught in the New York City school system, all 21 on the Lower East Side, for 48 years. And 22 when he retired, there was no Social Security 23 for teachers. The theory was that they had a 24 pension and didn't need Social Security. Men 25 were paid more than women. High school

Candyco Transcription Service, Inc. 1 teachers were paid more than elementary school 2 teachers, and so on. 3 And this demonstrates the progress 4 that the UFT has made for the working men and 5 women in our schools, whether they be paras or 6 teachers or whatever role they play in the 7 school community. 8 And I'm very proud to stand here 9 today. My husband received the John Dewey 10 Award from the UFT back in the 1970s. And the 11 UFT has played such an important role in the 12 lives of all New Yorkers that I am delighted 13 to congratulate them. And another 50 years of 14 progress, because they've been on the leading 15 edge of progress on progressive issues 16 throughout our state's history. 17 Thank you, Mr. President. 18 ACTING PRESIDENT JOHNSON: Thank 19 you very much, Senator. 20 Senator Diane Savino. 21 SENATOR SAVINO: Thank you, 22 Mr. President. 23 I want to commend Senator Sampson 24 for introducing this resolution memorializing 25 the 50th anniversary of the United Federation

Candyco Transcription Service, Inc. 1 of Teachers. 2 Dignity, respect, professionalism, 3 competitive wages and benefits, due process -- 4 all of the hallmarks of what a union does, all 5 of those things for teachers in the City of 6 New York did not exist 50 years ago. 7 The United Federation of Teachers 8 was founded and it grew in a city that did not 9 respect collective -- or actually did not 10 grant collective bargaining rights to teachers 11 or to any other public-sector workers. But 12 yet they continued to organize, not just for 13 their own members, but to improve the schools 14 and the lives of the children that they 15 mentored every day. 16 The United Federation of Teachers 17 has a unique place in labor history in 18 New York State. It was one of their 19 strikes -- along with some of the other 20 public-sector unions in New York City, 21 including my own -- in 1965 that led finally 22 to the passage of the Taylor Law. 23 And while the Taylor Law sometimes 24 gets a bad rap, people don't quite understand 25 it, they have no idea what its predecessor was

Candyco Transcription Service, Inc. 1 like. The Condon-Wadlin Act was draconian by 2 anybody's standards. 3 But it was because of the 4 organizing efforts by the UFT and other unions 5 at that time to demand dignity, respect, 6 competitive wages and due process for their 7 members -- and supporting other working people 8 in New York to get them -- that we have 9 collective bargaining rights for public-sector 10 workers in New York State. 11 They also have another very unique 12 place in history. You know, we all see them 13 every day up here in the halls of Albany 14 advocating on behalf of their members in the 15 school districts and advocating on behalf of 16 the children in the programs, so we see the 17 UFT constantly. 18 We forget, though, that at New York 19 City's darkest moment in the 1970s, when the 20 city was on the verge of bankruptcy and no one 21 could figure out how to help the city come out 22 of it, the president of the United Federation 23 of Teachers at the time, Al Shanker, joined 24 with the executive director of District 25 Council 37, Victor Gotbaum, and along with

Candyco Transcription Service, Inc. 1 Barry Feinstein from the Teamsters and Wall 2 Street and our own Lieutenant Governor, Dick 3 Ravitch, and the governor then, Hugh Carey, 4 and came up with a plan that saved the City of 5 New York from bankruptcy and put it on its 6 path to solvency. 7 So the UFT's history in New York is 8 not just representing workers, advocating for 9 children, but they have a unique place in 10 saving the City of New York. And we know that 11 they have many ideas to help us save the state 12 in our fiscal crisis these days. 13 So I want to thank Senator Sampson 14 and congratulate the United Federation of 15 Teachers on their 50th anniversary. And a 16 message to my friend Michael Mulgrew, who is 17 the new president: We hope that you have as 18 much success as president of the UFT as Al 19 Shanker and all of your predecessors. 20 ACTING PRESIDENT JOHNSON: Thank 21 you very much, Senator. 22 Senator Huntley. 23 SENATOR HUNTLEY: Yes, Mr. 24 President. I would like very much to 25 congratulate Senator Sampson for bringing this

Candyco Transcription Service, Inc. 1 to us. 2 And I must say the UFT has been an 3 integral part of my life for many, many years, 4 with my history in schools of being a Parent 5 Association president, then the President of 6 the school board and president of the CEC. So 7 I go back many, many years with them. 8 And I must say, Al Shanker was one 9 of the finest union presidents that we've ever 10 seen in history. And I must say that they 11 have worked in my community, they still are. 12 And every year at my annual 13 luncheon, I give out an award to a UFT member 14 which is called the Neil Shanahan Award. Neil 15 Shanahan was a teacher in my district who 16 passed away from cancer, and he worked very 17 well in the community and with all of our 18 young people and our parents. And a great UFT 19 member. So every year I honor him by doing 20 that. 21 So again, I want to thank the 22 Senator for bringing this. And I wish the UFT 23 a lot of luck, and we'll continue to work 24 together. 25 Thank you.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT JOHNSON: Thank 2 you, Senator. 3 Senator Marcellino. 4 SENATOR MARCELLINO: Thank you, 5 Mr. President. 6 I too rise as a former member of 7 the United Federation of Teachers. And I can 8 remember back to 1967 when I graduated from 9 college, from graduate school, and went into 10 teaching. And my father said to me, he says? 11 "You're going to go out and you're going to 12 become a teacher," and he said, "There's a 13 great union that's involved in the teachers 14 and involved with the teachers in making the 15 profession respected and setting up proper 16 standards." 17 My father was a member of Local 3 18 of the electricians union and would not 19 tolerate his son even considering not joining 20 the union and not being part of that union. 21 I had many opportunities to meet 22 with Al Shanker during those days. He would 23 visit our high school, Grover Cleveland High 24 School, many times during the various strikes. 25 My first year of teaching, I went

Candyco Transcription Service, Inc. 1 on strike -- I had a job for three days and I 2 went on strike under the Condon-Wadlin Act, 3 before the Taylor Law, which basically said 4 the minute you went on strike as a public 5 employee, you were terminated. That was it. 6 And we went out, and Al came to the 7 school in a meeting. And everybody was a bit 8 nervous. We weren't too happy with this 9 concept of being out of work. After all, we 10 were making all of $5200 a year, paid monthly 11 in those days. By the end of the month, if 12 you had $2 in your pocket, you had a lot of 13 money. 14 But Al came to us and he basically 15 said, he said, "Have no fear." He says, 16 "We're going to prevail. We're not going to 17 allow the city to treat us like dirt. They're 18 going to pay us a living wage. They're going 19 to respect the profession as a profession. 20 We're going to set some ground rules and some 21 rules of work so that nobody can be abused and 22 that you'll be treated like human beings 23 instead of chattel." 24 And it worked out that way. It all 25 worked out for the good.

Candyco Transcription Service, Inc. 1 I can't help but wonder what Al 2 would say today if he was to come here in the 3 times we're in now and read the budget 4 resolution that was passed here the other day 5 which cut $1.4 billion out of education. I 6 have a feeling the halls of this Capitol would 7 be reverberating with the sound of his voice. 8 He would not accept it mildly, and he would 9 not have accepted it kindly. He would have 10 railed against it. 11 Hopefully we will get and obviously 12 we will get past these times. Hopefully 13 calmer heads and saner heads will prevail and 14 those cuts will not stand. Because they would 15 in fact be devastating to education as we know 16 it. 17 So I thank Senator Sampson for 18 bringing this resolution forward. I am 19 pleased to vote for it. The UFT is an 20 honorable organization, and many of its -- all 21 of its leaders I have respected. And I have 22 had the opportunity, since Mr. Shanker, to 23 meet with each and every one of them -- fine 24 people all, with the best of intentions for 25 not only the teachers but for public at large

Candyco Transcription Service, Inc. 1 and the students they serve. 2 So, Mr. President, thank you for 3 hearing me, and I vote aye on this resolution. 4 ACTING PRESIDENT JOHNSON: Thank 5 you very much, Senator Marcellino. 6 Senator Montgomery. 7 SENATOR MONTGOMERY: Thank you, 8 Mr. President. 9 I rise to also express my 10 commendation to the UFT and thank my leader 11 Senator Sampson for introducing this 12 resolution. And I would like to just add to 13 what my colleagues have said about the work of 14 the union in organizing and representing 15 teachers. 16 But very personally, I want to 17 thank the teachers, especially those that work 18 so hard to mold and shape young people in our 19 city. It is so difficult. And I know this 20 because my son was in public school all of his 21 school life. And it was always amazing to me 22 how teachers were able to be in a classroom 23 with 25, 28, 30 children, young children, and 24 somehow still be able to work and be 25 successful in helping them transition from not

Candyco Transcription Service, Inc. 1 being able to read to being able to read and 2 to being able to function at a higher and 3 higher level. 4 And so I have a lot of respect for 5 what teachers do. And certainly this is very, 6 very important that we recognize them for the 7 work that they do. And I thank them 8 personally and professionally and in every 9 other way for what they have done for my son 10 and so many other children and young people 11 who are in our public school system in the 12 City of New York. 13 So, Mr. President, I join my leader 14 and my colleagues in expressing our 15 commendation to the UFT and commemorating 16 their 50th anniversary. Thank you. 17 ACTING PRESIDENT JOHNSON: Thank 18 you very much, Senator Montgomery. 19 Senator Parker. 20 SENATOR PARKER: Thank you, 21 Mr. President. 22 First let me just commend you on 23 how wonderful you look up there as the 24 presiding officer today. I hope that will 25 give me a little bit more time to talk about

Candyco Transcription Service, Inc. 1 this resolution. 2 I actually am just rising to add my 3 voice to those who are commemorating the 4 United Federation of Teachers today on their 5 50th anniversary. 6 This is really an honor and really 7 a pleasure for me to get up and just really 8 thank people who have -- maybe for better or 9 worse -- made me who I am today. That both my 10 mother, being a member of the union for a 11 period when she was a teacher, and as well as 12 my being a product of the New York City public 13 schools, going through P.S. 193, Andres Junior 14 High School, and Midwood High School, the UFT 15 and its members have helped in my personal 16 development. 17 But as we look at one of the finest 18 educational systems in the entire country, the 19 UFT has been an important part of that, 20 educating, as we speak, 1.1, 1.2 million 21 schoolchildren. And in developing important 22 programs like Dial A Teacher that help people 23 with their homework after school, they have 24 made sure that teachers are given both the 25 wages, dignity and respect in the field that

Candyco Transcription Service, Inc. 1 they are operating in. 2 These are the folks who are the 3 real caretakers of our children day to day. 4 And certainly taking a moment out in our 5 deliberations to honor their 50-year 6 anniversary and their accomplishments, and 7 just to say thank you to all the teachers in 8 all of our lives, I think is worth doing. 9 And so "hear, hear," to all of the 10 teachers of the UFT. 11 ACTING PRESIDENT JOHNSON: Thank 12 you very much, Senator Parker. 13 Are there any other Senators that 14 wish to be heard on the resolution? 15 The question is on the resolution. 16 All those in favor please signify by saying 17 aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT JOHNSON: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT JOHNSON: The 23 resolution is adopted. 24 Senator Sampson has indicated he 25 would like to open the resolution to the

Candyco Transcription Service, Inc. 1 entire body for cosponsorship. Any Senator 2 wishing not to be a cosponsor please notify 3 the desk. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, I 6 believe there's a resolution at the desk by 7 Senator Serrano. I ask that the resolution be 8 read in its entirety and move for its 9 immediate adoption and give Senator Serrano 10 the opportunity to speak on his resolution. 11 ACTING PRESIDENT JOHNSON: 12 Senator Klein, has the resolution been deemed 13 privileged and submitted by the office of the 14 Temporary President? 15 SENATOR KLEIN: Yes, it has, 16 Mr. President. 17 ACTING PRESIDENT JOHNSON: The 18 Secretary will read. 19 THE SECRETARY: By Senator 20 Serrano, legislative resolution memorializing 21 Governor David A. Paterson to declare 22 8:30 p.m. on Saturday, March 27, 2010, as 23 Earth Hour in the State of New York. 24 "WHEREAS, It is the sense of this 25 Legislative Body to increase public awareness

Candyco Transcription Service, Inc. 1 of and appreciation for the natural resources 2 of this great Empire State, as well as 3 recognize the role all citizens have in 4 protecting the environment and the quality of 5 life within New York; and 6 "WHEREAS, On Earth Hour, cities 7 across the world ask their residents and 8 businesses to turn off all nonessential lights 9 for one hour in a collective show of action 10 against global warming; and 11 "WHEREAS, This year, cities ranging 12 from Suva, Fiji, to Chicago, Illinois, from 13 Tel Aviv, Israel, to Copenhagen, Denmark, have 14 pledged to observe Earth Hour; and 15 "WHEREAS, New York State should 16 take its place among these world sites and 17 give a strong show of support for this 18 symbolic action that will have the real effect 19 of lowering the state's carbon emissions and 20 environmental impact; and 21 "WHEREAS, Having iconic sites such 22 as the Empire State Building, the Capitol, the 23 Executive Mansion and Niagara Falls go dark 24 will have a deep and meaningful impact to 25 people around the world. The time for action

Candyco Transcription Service, Inc. 1 on global warming has come, and although Earth 2 Hour is not the solution to the problem, it is 3 a real start and will play an important role 4 in galvanizing support to combat the dire 5 threat our planet faces; now, therefore, be it 6 "RESOLVED, That this Legislative 7 Body pause in its deliberations to memorialize 8 Governor David A. Paterson to declare 8:30 9 p.m. on Saturday, March 27, 2010, as Earth 10 Hour in the State of New York; and be it 11 further 12 "RESOLVED, That a copy of this 13 resolution, suitably engrossed, be transmitted 14 to the Honorable David A. Paterson, Governor 15 of the State of New York." 16 ACTING PRESIDENT JOHNSON: 17 Senator Serrano. 18 SENATOR SERRANO: Thank you, 19 Mr. President. Thank you, Senator Klein. 20 Today I'm introducing a very 21 important resolution for the third year in a 22 row. This resolution will declare this 23 Saturday, March 27th, at 8:30 p.m. as Earth 24 Hour. 25 Earth Hour is a globally observed

Candyco Transcription Service, Inc. 1 hour conceived as a statement of action 2 against global climate change. It calls upon 3 people from all over the world to turn off 4 their nonessential lights for one hour. 5 Last year nearly 2,400 cities, 6 towns, and municipalities in over 83 countries 7 observed Earth Hour. This year, cities 8 ranging from Tel Aviv, Israel, to Copenhagen, 9 Denmark, have already pledged to observe Earth 10 Hour. 11 By flipping the switch for one hour 12 and turning off their nonessential lights, 13 citizens around the world signify that they 14 understand the urgency of climate change and 15 are prepared to tackle the challenge head-on. 16 Actions taken by our state have 17 both a symbolic effect and a very tangible 18 effect on the rest of the world. According to 19 Environmental Advocates of New York, our state 20 is the 8th largest emitter of greenhouse gases 21 in the country, rivalling the output of some 22 European nations. To put that in perspective, 23 the very first Earth Hour, in Sydney, 24 Australia, had the same effect as taking a 25 whopping 48,000 cars off the road for that one

Candyco Transcription Service, Inc. 1 hour. 2 Last year, at my request, the 3 Empire State Building and a number of other 4 cities went dark for an hour. It is my hope 5 that participation will be even greater this 6 year and that all of my colleagues here today 7 will join me in helping to increase 8 participation within their own districts and 9 surrounding neighborhoods. 10 I am proud to have received 11 numerous cosponsors from both sides of the 12 aisle on this very important resolution. And 13 I hope that you will join me in support as we 14 declare 8:30 p.m., March 27, 2010, as Earth 15 Hour throughout the great State of New York. 16 Thank you, Mr. President. 17 ACTING PRESIDENT JOHNSON: Thank 18 you very much, Senator Serrano. 19 Are there any other Senators that 20 wish to be heard on the resolution? 21 The question is on the resolution. 22 All those in favor please signify by saying 23 aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT JOHNSON:

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

Candyco Transcription Service, Inc. 1 Governor David A. Paterson to proclaim 2 March 23, 2010, as American Diabetes 3 Association Alert Day in the State of 4 New York, in conjunction with the 22nd 5 American Diabetes Association Alert Day. 6 ACTING PRESIDENT JOHNSON: 7 Senator Parker. 8 SENATOR PARKER: Thank you, 9 Mr. President. 10 This resolution would ask Governor 11 Paterson to proclaim March 23, 2010, as 12 American Diabetes Association Alert Day in the 13 State of New York, in conjunction with the 14 22nd American Diabetes Alert Day. 15 It really serves as a wake-up call 16 asking the American public: What would you do 17 to stop diabetes? Do you know your risk? And 18 what are things that are available to people 19 in the community to make sure we fight 20 diabetes? 21 This debilitating disease is, you 22 know, prevalent throughout our societies, 23 particularly as we talk about the issues 24 around childhood obesity that oftentimes very 25 much is connected to also the issues of

Candyco Transcription Service, Inc. 1 diabetes. 2 I've had a number of family 3 members, including my mom, who suffers from 4 diabetes. I often say that with diabetes, 5 dying is not even the worst thing that can 6 happen to you. You literally see people 7 physically waste away and have parts of their 8 bodies removed. And certainly this is 9 something that we ought to be aware of and 10 combat. 11 That's the bad news. The good news 12 is that in both Type 1 and Type 2 diabetes, 13 that these illnesses can be prevented and 14 sometimes even reversed with our own behavior. 15 Diabetes is a serious disease that 16 strikes nearly 24 million children and adults 17 in the United States. An additional 18 57 million, or one in five Americans, have 19 prediabetes, which puts them at a high risk 20 for developing Type 2 diabetes. 21 This silent killer must be stopped. 22 And so I hope that my colleagues will join in 23 this resolution and that they will spread the 24 word about diabetes and the fact that we in 25 fact need to organize ourselves in our own

Candyco Transcription Service, Inc. 1 communities to stop this silent killer. 2 Thank you, Mr. President. 3 ACTING PRESIDENT JOHNSON: Thank 4 you, Senator Parker. 5 Senator DeFrancisco. 6 SENATOR DeFRANCISCO: I think 7 this is a wonderful resolution, and it shows 8 the support for trying to cure a very, very 9 serious disease and showing support for those 10 who are afflicted with it. 11 I think there's another way and I 12 think a much more productive way to do the 13 same thing. And that is Senate Bill 1492A, 14 that I sponsor, provides for, on a tax return, 15 a voluntary check-off for donations to help 16 cure diabetes to the Diabetes Association. 17 Right now there are five other 18 organizations that are allowed voluntary 19 check-offs on our tax returns, and this would 20 be a wonderful bill to supplement a resolution 21 that states the goals of the State of 22 New York. 23 And what's really good about this 24 bill is that the Assembly has already passed 25 it. The Assembly has already passed it. It

Candyco Transcription Service, Inc. 1 could become a law and we could do something 2 substantive with respect to this disease. 3 So I would urge my colleagues on 4 the majority side of the aisle to pick this 5 bill up and -- keep the same name as sponsor, 6 though; that would be a good idea -- and then 7 pass the bill so we can make this law. 8 Thank you. 9 ACTING PRESIDENT JOHNSON: Thank 10 you very much, Senator DeFrancisco. 11 Are there any other Senators that 12 wish to be heard on the resolution? 13 The question is on the resolution. 14 All those in favor please signify by saying 15 aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT JOHNSON: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT JOHNSON: The 21 resolution is adopted. 22 Senator Parker has indicated that 23 he would like to open the resolution to the 24 entire body for cosponsorship. Any Senator 25 wishing not to be a cosponsor please notify

Candyco Transcription Service, Inc. 1 the desk. 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, at 4 this time I move we adopt the Resolution 5 Calendar in its entirety, with the exception 6 of Senate Resolutions 3910 and 4312. 7 ACTING PRESIDENT JOHNSON: All 8 those in favor of adopting the Resolution 9 Calendar, with the exception of Senate 10 Resolutions 3910 and 4312, please signify by 11 saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT JOHNSON: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT JOHNSON: The 17 Resolution Calendar is adopted. 18 Senator Klein. 19 SENATOR KLEIN: Mr. President, I 20 move to take up Senate Resolution 3910, by 21 Senator Foley. I ask that the resolution be 22 read in its entirety and move for its 23 immediate adoption. 24 ACTING PRESIDENT JOHNSON: The 25 Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: By Senator Foley, 2 Legislative Resolution Number 3910, 3 recognizing the many contributions of the 4 Pakistani-American community residing 5 throughout the State of New York. 6 "WHEREAS, It is the sense of this 7 Legislative Body, in keeping with its 8 time-honored traditions, to recognize and pay 9 tribute to those organizations which foster 10 ethnic pride and enhance the profile of 11 cultural diversity which strengthens the 12 fabric of the communities of New York State; 13 and 14 "WHEREAS, Attendant to such 15 concern, and in full accord with its 16 long-standing traditions, this Legislative 17 Body is justly proud to recognize the many 18 contributions of the Pakistani-American 19 community residing throughout the State of 20 New York; and 21 "WHEREAS, Under the direction of 22 President Shahid Ali Khan, the mission of the 23 Pakistani-American Association of North 24 America is to operate exclusively in the 25 pursuit of charitable purposes for the

Candyco Transcription Service, Inc. 1 Pakistani-American community of North America 2 by promoting understanding of 3 Pakistani-American culture and fostering its 4 integration in the great American democracy 5 and culture; providing monetary aid and relief 6 during natural disasters, such as hurricanes, 7 earthquakes, economic depressions, and other 8 difficult circumstances; providing discussion 9 groups, lectures, and seminars on voting 10 rights, housing rights, and civil rights; 11 establishing a forum for interfaith dialogues 12 among Muslim, Christian, Jewish, Hindu, and 13 Buddhist Americans; defending human and civil 14 rights secured by law, and eliminating 15 prejudice and discrimination; and 16 "WHEREAS, In addition, the 17 Pakistani-American Association of North 18 America has encouraged Pakistani-American 19 people to first register and then vote at 20 election time; and 21 "WHEREAS, The members have donated 22 turkeys to many churches during the 23 Thanksgiving season, helping to feed the 24 needy; and 25 "WHEREAS, It is the custom of this

Candyco Transcription Service, Inc. 1 Legislative Body that when organizations of 2 such noble aims and accomplishments are 3 brought to our attention, they should be 4 celebrated and recognized by all the citizens 5 of this great Empire State; now, therefore, be 6 it 7 "RESOLVED, That this Legislative 8 Body pause in its deliberations to recognize 9 the many contributions of the Pakistani- 10 American community residing throughout the 11 State of New York, to welcome its members to 12 the Capitol in Albany, New York, on March 23, 13 2010, and to memorialize Governor David A. 14 Paterson to proclaim Tuesday, March 23, 2010, 15 as Pakistani-American Day in the State of 16 New York; and be it further 17 "RESOLVED, That copies of this 18 resolution, suitably engrossed, be transmitted 19 to Shahid Ali Khan, president, 20 Pakistani-American Association of North 21 America, and the Honorable David A. Paterson, 22 Governor of the State of New York." 23 ACTING PRESIDENT JOHNSON: 24 Senator Foley. 25 SENATOR FOLEY: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 It's my great honor to host today 3 the Pakistani-American Association of North 4 America. They're here with us in the gallery. 5 As was mentioned, their president, Shahid 6 Khan, is with us, along with a number of other 7 notable Pakistani-Americans, particularly from 8 Long Island. 9 As was mentioned, this civic group 10 is comprised of small-business owners and 11 other professionals seeking to improve the 12 lives of Pakistani-Americans on Long Island 13 and across New York State. It's my great good 14 fortune to work with them over the past 15 several years. 16 I think the emphasis on interfaith 17 dialogue as well as their active participation 18 in our democracy speaks to the genius of our 19 country and the inspiration that our country 20 has across this world, where men and women 21 come from other shores to come to America to 22 do better for their families and to 23 participate in the American dream. 24 And I can think of no better 25 example than the Pakistani-American community

Candyco Transcription Service, Inc. 1 who are here with us today celebrating their 2 day here as part of our democracy. And we 3 welcome you today, as America welcomes the 4 many great contributions that your community 5 gives us on a daily, monthly, and yearly 6 basis. 7 Thank you, Mr. President. 8 ACTING PRESIDENT JOHNSON: Thank 9 you very much, Senator Foley. 10 Are there any other Senators that 11 wish to be heard on the resolution? 12 The question is on the resolution. 13 All those in favor please signify by saying 14 aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT JOHNSON: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT JOHNSON: The 20 resolution is adopted. 21 Senator Foley has indicated he 22 would like to open the resolution to the 23 entire body for cosponsorship. Any Senator 24 wishing not to be a cosponsor please notify 25 the desk.

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Mr. President, at 3 this time can we take up Senate Resolution 4 4312, by Senator Stachowski. I ask that the 5 resolution be read in its entirety and move 6 for its immediate adoption. 7 ACTING PRESIDENT JOHNSON: The 8 Secretary will read. 9 THE SECRETARY: By Senator 10 Stachowski, Legislative Resolution Number 11 4312, honoring Ryan Miller upon the occasion 12 of his designation as the Most Valuable Player 13 of the Olympic Hockey Tournament at the 2010 14 Winter Olympics in Vancouver, British 15 Columbia. 16 "WHEREAS, It is the sense of this 17 Legislative Body to extend its full 18 recognition and grateful tribute to the 19 outstanding athletes of New York State who 20 have dedicated their purposeful lives to 21 athletic achievement and proudly represented 22 their great state and nation in Olympic 23 competition; and 24 "WHEREAS, This Legislative Body is 25 justly proud to join the community of Buffalo,

Candyco Transcription Service, Inc. 1 New York, in honoring a young man of great 2 skill, personal courage, and unparalleled 3 dedication, whose career and athletic 4 achievements are world-renowned and personify 5 the highest ideals of the American spirit and 6 Olympic competition; and 7 "WHEREAS, Born July 17, 1980, in 8 East Lansing, Michigan, Ryan Miller of the 9 Buffalo Sabres in the National Hockey League 10 grew up in East Lansing, Michigan, and 11 graduated from East Lansing High School and 12 Michigan State University; and 13 "WHEREAS, As a college player for 14 the Michigan State University Spartans, Ryan 15 Miller set an NCAA record with 26 career 16 shutouts and was the winner of the Hobey Baker 17 Award in 2001. He is only the second Spartan 18 in history to win the Hobey Baker Award; and 19 "WHEREAS, At Michigan State, Ryan 20 Miller was the CCHA's Goaltender of the Year 21 all three of his seasons and twice was the 22 league's overall Most Valuable Player when he 23 led the country in wins, winning percentage, 24 save percentage, goals-against average and 25 shutouts. He was also the 2001 Big Ten-Jesse

Candyco Transcription Service, Inc. 1 Owens Men's Athlete of the Year; and 2 "WHEREAS, Ryan Miller was selected 3 as starting goalie for the United States of 4 America in the 2010 Winter Olympics in 5 Vancouver. Although the United States team 6 was not a medal favorite, he led the team to a 7 perfect 5-0 start, including a 5-3 win over 8 gold-medal favorite Canada in the preliminary 9 round, where he rendered a stellar performance 10 in stopping 42 of 45 shots; and 11 "WHEREAS, The five wins in the 2010 12 Olympic ice hockey competition, including 13 victories over Switzerland and Finland in the 14 quarterfinals and semifinals respectively, 15 brought the Miller-led United States team to 16 the gold-medal game, where they faced the 17 favored Canadian team for the second time. 18 The United States lost the gold-medal game by 19 a score of 3-2 in overtime despite Miller's 20 brilliant 36 saves; and 21 "WHEREAS, Ryan Miller's United 22 States Olympic hockey team won the silver 23 medal, and he was named the Most Valuable 24 Player of the tournament, with a save 25 percentage of 0.946, and an American Olympic

Candyco Transcription Service, Inc. 1 record goals-against average of 1.35. Along 2 with being honored as the MVP, he won IHF Best 3 Goaltender honors and was named to the Olympic 4 All-Star team; and 5 "WHEREAS, Many will only dream of 6 competing in the Olympic Games. This gifted 7 athlete from this great Empire State, through 8 hard work and a tenacious spirit, has made 9 that vision a reality. He has proudly 10 represented his country in competition among 11 the world's finest athletes, an honor that 12 gives just cause for his family, community and 13 state to be exceedingly proud of his athletic 14 achievements; now, therefore, be it 15 "RESOLVED, That this Legislative 16 Body pause in its deliberations with praise 17 and pride to honor Ryan Miller upon the 18 occasion of his designation as the Most 19 Valuable Player of the Olympic Hockey 20 Tournament at the 2010 Winter Olympic Games in 21 Vancouver, British Columbia; and be it further 22 "RESOLVED, That a copy of this 23 resolution, suitably engrossed, be transmitted 24 to Ryan Miller." 25 ACTING PRESIDENT JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Stachowski. 2 SENATOR STACHOWSKI: Yes, 3 Mr. President, I'd just like to rise to say a 4 few words on the resolution. 5 Obviously everybody in the state is 6 aware of the performance that Ryan Miller did 7 in the Olympic Games. To say he was 8 spectacular is an understatement in this case. 9 He carried a team that was not favored at all 10 to be in the final game all the way to the 11 finals, led them undefeated into that game, 12 and unfortunately they lost in overtime. 13 But Ryan Miller was unbelievable, 14 recording shutouts, setting a record for 15 goals-against. And for the world stage, he 16 was dominant. And the fact is Ryan Miller has 17 been in the main cog in the Sabres' success 18 this year, and hopefully we'll be able to get 19 him here right after the Sabres win the 20 Stanley Cup this year and maybe we'll do a 21 resolution then naming him the MVP of the 22 Stanley Cup. Hopefully, as we in Buffalo hope 23 that we would win one. 24 So I just wanted to take time today 25 to recognize his accomplishments by this body,

Candyco Transcription Service, Inc. 1 and the fact that we're very proud of somebody 2 that plays professionally in Buffalo, 3 New York, and pretty much lives there now 4 because of the length of the hockey season. 5 And we wish Ryan Miller continued 6 success. And hopefully at the next Olympics, 7 which would be his second -- this was the 8 first time he was ever chosen for the Olympic 9 team -- he will be able to get the team all 10 the way to the Gold Medal. 11 So congratulations on the Silver 12 Medal. More importantly, congratulations on 13 an MVP award on a runner-up team, which is not 14 always the case. But a spectacular 15 performance that I thought raised the level of 16 people's awareness of hockey across the United 17 States and made all people in every state, but 18 particularly New York State, proud of the 19 performance of this particular young man and 20 the team he played on. 21 Thank you. 22 ACTING PRESIDENT JOHNSON: Thank 23 you very much, Senator Stachowski. 24 Senator Little, on the resolution. 25 SENATOR LITTLE: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 If I may, I would like to join 3 Senator Stachowski in congratulating Ryan 4 Miller on his wonderful achievements at the 5 Olympics. It was just great fun watching them 6 play, and tremendous skill, and certainly to 7 have gone into an overtime in the championship 8 game was wonderful, winning the Silver Medal. 9 I'd also like to point out there 10 are two other resolutions in our packet today, 11 one honoring the Olympic skier, Andrew 12 Weibrecht, of Lake Placid, upon the occasion 13 of winning a Bronze Medal in downhill skiing, 14 and a second one honoring Bill Demong of 15 Vermontville, in the Saranac Lake area, who 16 after attending his fourth Olympics, and he 17 was 29 years old -- he had participated in 18 skiing, and he did the jumping and the 19 cross-country skiing as well -- but he won a 20 Gold Medal and a Silver Medal. 21 So I'm sure we all join together 22 being proud of our Olympic athletes, but these 23 were also included in today's resolutions. 24 Thank you. 25 ACTING PRESIDENT JOHNSON: Thank

Candyco Transcription Service, Inc. 1 you very much, Senator Little. 2 Are there any other Senators that 3 wish to be heard on the resolution? 4 The question is on the resolution. 5 All those in favor please signify by saying 6 aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT JOHNSON: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT JOHNSON: The 12 resolution is adopted. 13 Senator Stachowski has indicated 14 that he would like to open the resolution to 15 the entire body for cosponsorship. Any 16 Senator wishing not to be a cosponsor please 17 notify the desk. 18 Senator Klein. 19 SENATOR KLEIN: Thank you, 20 Mr. President. 21 At this time can we please take up 22 Senate Resolution 4102, by Senator Stavisky, 23 which was previously adopted on March 9th. I 24 ask that the title of the resolution be read 25 and move for its immediate adoption and allow

Candyco Transcription Service, Inc. 1 Senator Stavisky to speak on her resolution. 2 ACTING PRESIDENT JOHNSON: The 3 Secretary will read. 4 THE SECRETARY: By Senator 5 Stavisky, Legislative Resolution Number 4102, 6 memorializing Governor David A. Paterson to 7 proclaim April 18 through 24, 2010, as 8 Osteopathic Medicine Week in the State of 9 New York, in conjunction with National 10 Osteopathic Medicine Week and in tribute to 11 the osteopathic physicians of this state. 12 ACTING PRESIDENT JOHNSON: 13 Senator Stavisky. 14 SENATOR STAVISKY: Thank you, 15 Mr. President. And it is good to see you up 16 there. 17 There are about 5,000 osteopathic 18 doctors in New York State, about 500 in 19 New York City, and they provide primary care 20 in underserved areas, for the most part. They 21 contribute to the well-being and the health of 22 our community. 23 Very briefly, this resolution does 24 proclaim April 18 to 24 as Osteopathic 25 Medicine Week in New York State. And we are

Candyco Transcription Service, Inc. 1 here to welcome a group of them to Albany. 2 They are members and representatives of the 3 New York State Osteopathic Medical Society, 4 known as DOs, for doctor of osteopathy. 5 But earlier I explained to them 6 that in the New York State Legislature, "DO" 7 to us has a different connotation, district 8 office. But now we are hearing about a 9 different kind of DO, where they do provide 10 service. 11 They are here doing currently their 12 postgraduate training in residency programs 13 throughout the state, the osteopathic medical 14 students at the New York College of 15 Osteopathic Medicine in Old Westbury, 16 New York, and at the Touro College of 17 Osteopathic Medicine in Harlem. 18 It's interesting to note that the 19 College of Osteopathy in Old Westbury 20 graduates about 300 doctors per year, and 21 Touro will produce about 140 a year. So this 22 is a growing segment of our healthcare 23 community. 24 We welcome them to Albany, and we 25 encourage them, as I said earlier, to please

Candyco Transcription Service, Inc. 1 stay in New York State and pay taxes and help 2 us with our budget problems. 3 Thank you, Mr. President. 4 ACTING PRESIDENT JOHNSON: Thank 5 you very much, Senator Stavisky. 6 Are there any other Senators 7 wishing to be heard on this resolution? 8 This resolution was unanimously 9 adopted on March 9th. 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, 12 before I proceed with my motion, I think 13 congratulations are in order. One of our 14 colleagues, Senator Aubertine, is the proud 15 first-time grandfather of a baby girl. Let's 16 give him a big hand, everyone. 17 (Applause.) 18 SENATOR KLEIN: Gracie Margaret, 19 7 pounds, 1 ounce. 20 ACTING PRESIDENT JOHNSON: 21 Congratulations, Senator Aubertine. 22 Senator Klein. 23 SENATOR KLEIN: On behalf of 24 Senator Valesky, I move that the following 25 bills be discharged from their respective

Candyco Transcription Service, Inc. 1 committees and be recommitted with 2 instructions to strike the enacting clause: 3 Senate Number 3495. 4 ACTING PRESIDENT JOHNSON: So 5 ordered. 6 Senator Klein. 7 SENATOR KLEIN: On behalf of 8 Senator Smith, Mr. President, I hand up the 9 following committee notice and ask that it be 10 filed in the Journal. 11 ACTING PRESIDENT JOHNSON: To be 12 filed in the Journal. 13 Senator Klein. 14 SENATOR KLEIN: Mr. President, is 15 there any further business at the desk? 16 ACTING PRESIDENT JOHNSON: 17 Senator Klein, the desk is clear. 18 SENATOR KLEIN: There being no 19 further business, Mr. President, I move that 20 we adjourn until Wednesday, March 24th, at 21 3:00 p.m. 22 ACTING PRESIDENT JOHNSON: There 23 being no further business to come before the 24 Senate, on motion, the Senate stands adjourned 25 until Wednesday, March 24th, at 3:00 p.m.

Candyco Transcription Service, Inc. 1 (Whereupon, at 4:55 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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