Wednesday, March 24, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 24, 2010 11 3:55 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR DAVID J. VALESKY, 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 SENATOR VALESKY: The 3 Senate will please come to order. 4 I ask everyone present to please 5 rise and recite with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING SENATOR VALESKY: Father 10 Peter G. Young, of Mother Theresa Community 11 here in Albany, is here with us this afternoon 12 to provide an invocation. 13 REVEREND YOUNG: Thank you, 14 Senator. Let us pray. 15 Today God has blessed us with 16 bright sunshine together in session for our 17 New York State leadership. Our dedicated 18 Senators are guiding us with our resources in 19 these financially difficult times. 20 As the sun has demonstrated its 21 hope for springtime happier days of outdoor 22 fellowship and fun and events, may our Senate 23 decisions bring to our New York State citizens 24 a security for their worries and their fears, 25 with optimism that our Empire State will be

Candyco Transcription Service, Inc. 1 known for compassion and quality of care. 2 May we thank too Dr. Hooker today, 3 who is joining us for a resolution for a 4 resolution for her civil rights leadership and 5 hope that she will again be able to inspire, 6 with God's help, the young leaders that will 7 follow her splendid example. 8 Amen. 9 ACTING SENATOR VALESKY: The 10 reading of the Journal. 11 The Secretary will read. 12 THE SECRETARY: In Senate, 13 Tuesday, March 23, the Senate met pursuant to 14 adjournment. The Journal of Monday, March 22, 15 was read and approved. On motion, Senate 16 adjourned. 17 ACTING SENATOR VALESKY: Without 18 objection, the Journal stands approved as 19 read. 20 Presentation of petitions. 21 Messages from the Assembly. 22 Messages from the Governor. 23 Reports of standing committees. 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 there's a resolution at the desk by 6 Senator Stewart-Cousins. I ask that the title 7 of the resolution be read and move for its 8 immediate adoption. 9 ACTING SENATOR VALESKY: Senator 10 Klein, has this resolution been deemed 11 privileged and submitted by the office of the 12 Temporary President? 13 SENATOR KLEIN: Yes, it has, 14 Mr. President. 15 ACTING SENATOR VALESKY: The 16 Secretary will read. 17 THE SECRETARY: By Senator 18 Stewart-Cousins, legislative resolution 19 honoring Dr. Olivia J. Hooker upon the 20 occasion of her selection as a New York State 21 Woman of Distinction, in conjunction with 22 March as Women's History Month, and marking 23 March 24, 2010, as "Oliva J. Hooker Day" in 24 the State of New York. 25 ACTING SENATOR VALESKY: Senator

Candyco Transcription Service, Inc. 1 Stewart-Cousins, on the resolution. 2 SENATOR STEWART-COUSINS: Thank 3 you, Mr. President. 4 It is such an honor to stand here 5 today and recognize my constituent and, 6 frankly, a jewel of the entire State of 7 New York and the country, Dr. Olivia J. 8 Hooker. 9 I have the privilege of saying, as 10 I said, that Dr. Olivia Hooker is my 11 constituent. But Dr. Hooker means so much to 12 American history and certainly women's 13 history, I thought it was important to bring 14 her today to get the accolades she so richly 15 deserves in the State Capitol. 16 I have known Dr. Hooker because 17 Dr. Hooker is a woman who is never too busy to 18 be part of whatever is going on, especially if 19 it's giving of herself. But it was at a Black 20 History Month celebration last month that I 21 got to hear more dimensions of Dr. Olivia J. 22 Hooker. 23 Now, Dr. Hooker is a clinical 24 psychologist. Dr. Hooker taught as an 25 associate professor at Fordham University for

Candyco Transcription Service, Inc. 1 22 years. Dr. Hooker was part of state 2 government when she worked in Bedford 3 facilities with women with psychological 4 problems. Dr. Hooker has been a pioneer in 5 every phase of her life. 6 But the story that she told in 7 February was about her life as a child in 8 Tulsa, Oklahoma. What she told us was about 9 the Tulsa, Oklahoma, race riots, where 300 10 were killed and a thousand homes and 11 businesses owned by blacks in Tulsa, Oklahoma, 12 were burned to the ground. 13 What Dr. Hooker described was what 14 is known as "Black Wall Street." And Black 15 Wall Street, because of the segregation, 16 actually thrived, because there was nowhere 17 else for the black community to go and grow. 18 Dr. Hooker's father was a clothier. And all 19 of the professionals were doing so well and 20 apparently became kind of the envy of 21 surrounding Tulsa communities. 22 And there was a fateful night in 23 1921, in May, where something happened that 24 sparked a racial incident. And the rest, as 25 Dr. Hooker will tell us, unfortunately isn't

Candyco Transcription Service, Inc. 1 history. 2 Yes, 300 people were killed, more 3 than any killed in all of the race riots in 4 our country combined. And yes, there was the 5 total decimation of black businesses and 6 homes. And Dr. Hooker's family had to move to 7 Kansas, along with so many other families that 8 moved other places, because not even the 9 schools were left intact. They were bombed. 10 But Dr. Hooker's family moved, she 11 went on. She received her education and 12 decided at that point that there was not 13 enough that she could do to better herself, 14 work for other people, and serve her country. 15 Dr. Hooker decided that she wanted to join the 16 armed forces and became, in 1945, the very 17 first African-American woman to serve in the 18 Coast Guard. 19 And after she broke that barrier 20 and went on to teach and instruct and to heal, 21 Dr. Hooker -- who, again, was born in 1915 -- 22 decided in 1997 that it was time for people to 23 understand what happened in Tulsa because it 24 was so much a part of American history. 25 She was able, with about 103 others

Candyco Transcription Service, Inc. 1 who had also been through the Tulsa race 2 riots, to advance a court proceeding in the 3 hopes that there would be some restitution or 4 at least some acknowledgment of what happened 5 in Tulsa, Oklahoma. She was able to get 6 people like Johnny Cochran, the late Johnny 7 Cochran involved in her case; Dr. John Hope 8 Franklin, noted historian, certainly advisor 9 to presidents; Dr. Charles Ogletree, a 10 wonderful Harvard professor. Some of the most 11 brilliant minds came together in order to 12 advance the case of what happened in Tulsa, 13 Oklahoma. 14 Dr. Hooker testified in front of 15 Congress. And Dr. Hooker and others went to 16 the Supreme Court in the hopes that there 17 would be some hearing of the case. The case 18 was not heard because of the statute of 19 limitations. But there was a documentary made 20 called "Before They Die." 21 And Dr. Hooker has dedicated her 22 life to teaching, telling, demonstrating what 23 a life well-lived means in all of its aspects. 24 Today she spent time with the 25 interns in the Capitol. Today she taught

Candyco Transcription Service, Inc. 1 young people who were beginning lives in 2 public service how important that service is 3 and how important it is that when there's an 4 obstacle, no matter how difficult, that you 5 just move forward in a positive way and the 6 doors will open. 7 Dr. Hooker told these young people 8 today, as she'll tell by her presence all of 9 us, that it doesn't help to hold grudges, it 10 doesn't help to be angry. That what any 11 difficulty means is that you have to seek the 12 opportunities and, when they come, take them 13 and be ready. And even if you think that an 14 opportunity that you have at a moment is not 15 really necessary for that moment, you'll be 16 surprised how helpful it will be when you 17 really need it. 18 Dr. Hooker, at 95, jumped at the 19 chance to be here today, to meet all of us, to 20 speak to the interns, to talk about what 21 happened at Tulsa, to tell us all in the 22 presence of such a great woman how easy it is 23 to still be humble while you give so much of 24 your life. 25 So I am so proud of Dr. Hooker, so

Candyco Transcription Service, Inc. 1 pleased that she is our constituent, all of 2 us, so pleased that she has so nobly walked 3 through the country telling a story, but 4 telling it with love. Because as Dr. Hooker 5 says, the only way people really learn, even 6 if they're being admonished, is with love. 7 So again, it is my privilege to 8 welcome Dr. Hooker here. 9 Thank you, Mr. President. 10 ACTING SENATOR VALESKY: Thank 11 you, Senator Stewart-Cousins. 12 Are there any other Senators who 13 wish to be heard on the resolution? 14 Seeing none, the question is on the 15 resolution. All in favor signify by saying 16 aye. 17 (Response of "Aye.") 18 ACTING SENATOR VALESKY: Opposed, 19 nay. 20 (No response.) 21 ACTING SENATOR VALESKY: The 22 resolution is adopted. 23 Dr. Hooker, thank you very much for 24 spending the afternoon with us. Thank you for 25 the remarkable contributions you have made to

Candyco Transcription Service, Inc. 1 this state and nation. 2 (Extended standing ovation.) 3 ACTING SENATOR VALESKY: Senator 4 Stewart-Cousins has asked that the resolution 5 be open to cosponsorship. Any member wishing 6 not to cosponsor the resolution should notify 7 the desk. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, I 10 believe there's a resolution at the desk by 11 Senator Oppenheimer. I ask that the 12 resolution be read and move for its immediate 13 adoption. 14 ACTING SENATOR VALESKY: Senator 15 Klein, has this resolution been deemed 16 privileged and submitted by the office of the 17 Temporary President? 18 SENATOR KLEIN: Yes, it has, 19 Mr. President. 20 ACTING SENATOR VALESKY: The 21 Secretary will read. 22 THE SECRETARY: By Senator 23 Oppenheimer, legislative resolution honoring 24 Katherine Kornblum as one of the World War II 25 WASP female pilots to receive a Congressional

Candyco Transcription Service, Inc. 1 Gold Medal on March 10, 2010. 2 ACTING SENATOR VALESKY: Senator 3 Oppenheimer, on the resolution. 4 SENATOR OPPENHEIMER: Thank you 5 very much. 6 I would just like to say before I 7 speak on this resolution that I've worked with 8 Dr. Hooker on some very wonderful social 9 service childcare initiatives, and she is a 10 dynamo. And I think she has more energy than 11 I have. So I thought I should pay tribute to 12 Dr. Hooker and tell her she's extraordinary 13 and keep up her good work. 14 But I'd like to talk on someone who 15 could not come here today. She's actually 16 three years younger than Dr. Hooker, but she 17 didn't feel that she could make the trip up 18 from Westchester. And she has quite an 19 amazing story to tell, which I'll briefly 20 paraphrase. 21 Katherine Kornblum was one of the 22 World War II WASP female pilots, and she 23 received the Congressional Gold Medal just 24 fairly recently -- actually, what am I saying, 25 two weeks ago, at a ceremony that was held in

Candyco Transcription Service, Inc. 1 Washington, D.C. 2 And there were a couple of 3 pioneering organizations of civilian female 4 pilots employed to fly military aircraft under 5 the direction of the Army Air Force during the 6 Second World War. And these female pilots 7 each already had a pilot's license, but they 8 were trained to fly the Army way in 9 Sweetwater, Texas. And actually over a 10 thousand of them earned their wings and became 11 the first women to fly American military 12 aircraft. 13 And the WASPs were stationed at 120 14 air bases across the United States. They were 15 relieving the male pilots who were going into 16 combat duty, and they were for the most part 17 doing operational things between American 18 aircraft factories and military bases in 19 Europe and other places. And that freed the 20 men to go into actual warfare. 21 But these pilots were quite 22 remarkable for their time. And President 23 Obama awarded these WASPs -- there are now 38 24 of them -- these female pilots the 25 Congressional Gold Medal. And I think Ruth

Candyco Transcription Service, Inc. 1 believes that she flew over 1,000 hours for 2 her country during the Second World War. 3 And now, I mean at 92, she's quite 4 remarkable. Because for the last over a 5 decade -- maybe a decade and a half now -- 6 she's been volunteering at Sarah Neuman 7 Nursing Home in Mamaroneck, a few blocks from 8 my house, and she works there several days a 9 week doing clerical work and dealing with the 10 patients there. 11 So a remarkable woman who we are 12 happy to honor and certainly has an amazing 13 story to tell. I didn't even know that we had 14 female pilots in the Second World War. And 15 I'm very proud to know that and to acknowledge 16 her and to send her this resolution even if 17 she could not be here. 18 Thank you. 19 ACTING SENATOR VALESKY: Thank 20 you, Senator Oppenheimer. 21 Are there any other Senators who 22 wish to be heard? 23 Seeing none, the question is on the 24 resolution. All in favor signify by saying 25 aye.

Candyco Transcription Service, Inc. 1 (Response of "Aye.") 2 ACTING SENATOR VALESKY: Opposed, 3 nay. 4 (No response.) 5 ACTING SENATOR VALESKY: The 6 resolution is adopted. 7 Senator Oppenheimer has indicated 8 that she would like the resolution open to 9 cosponsorship. Any Senator wishing not to 10 cosponsor the resolution should notify the 11 desk. 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, 14 are there any substitutions at the desk? 15 ACTING SENATOR VALESKY: There 16 are, Senator. We'll take them up now. 17 The Secretary will read. 18 THE SECRETARY: On page 7, 19 Senator Schneiderman moves to discharge, from 20 the Committee on Codes, Assembly Bill Number 21 5170 and substitute it for the identical 22 Senate Bill Number 4667, Third Reading 23 Calendar 13. 24 On page 19, Senator Perkins moves 25 to discharge, from the Committee on

Candyco Transcription Service, Inc. 1 Corporations, Authorities and Commissions, 2 Assembly Bill Number 4296C and substitute it 3 for the identical Senate Bill Number 5915A, 4 Third Reading Calendar 281. 5 And on page 19, Senator Thompson 6 moves to discharge, from the Committee on 7 Local Government, Assembly Bill Number 4217 8 and substitute it for the identical Senate 9 Bill Number 2516, Third Reading Calendar 283. 10 ACTING SENATOR VALESKY: 11 Substitutions ordered. 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, at 14 this time can we please move to a reading of 15 the calendar. 16 ACTING SENATOR VALESKY: The 17 Secretary will proceed with a reading of the 18 active bills from Senate Calendar Number 27. 19 THE SECRETARY: Calendar Number 20 272, by Senator Savino, Senate Print 5474, an 21 act to amend the Navigation Law, in relation 22 to pilotage rates. 23 ACTING SENATOR VALESKY: Read the 24 last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING SENATOR VALESKY: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 ACTING SENATOR VALESKY: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 279, by Senator Foley, Senate Print 4872, an 10 act to amend the Civil Service Law, in 11 relation to resolution. 12 ACTING SENATOR VALESKY: There is 13 a home-rule message at the desk. 14 Read the last section. 15 THE SECRETARY: Section 5. This 16 act shall take effect immediately. 17 ACTING SENATOR VALESKY: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING SENATOR VALESKY: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 281, substituted earlier today by Member of 25 the Assembly Brodsky, Assembly Print Number

Candyco Transcription Service, Inc. 1 4296C, an act to amend the Public Authorities 2 Law, in relation to confidentiality 3 agreements. 4 ACTING SENATOR VALESKY: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING SENATOR VALESKY: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING SENATOR VALESKY: The bill 13 is passed. 14 Senator Klein, that completes the 15 reading of the active bills from Senate 16 Calendar 27. 17 SENATOR KLEIN: Mr. President, is 18 there any further business at the desk? 19 ACTING SENATOR VALESKY: The desk 20 is clear. 21 SENATOR KLEIN: There being none, 22 Mr. President, I move that we adjourn until 23 Thursday, March 25th, at 3:00 p.m. 24 ACTING SENATOR VALESKY: On 25 motion, the Senate stands adjourned until

Candyco Transcription Service, Inc. 1 Thursday, March 25th, at 3:00 p.m. 2 (Whereupon, at 4:10 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

Candyco Transcription Service, Inc.