Tuesday, April 13, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 13, 2010 11 3:49 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR TOBY ANN STAVISKY, 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 STAVISKY: The 3 Senate will please come to order. 4 I ask everyone to rise and recite 5 with me the Pledge of Allegiance to the Flag. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT STAVISKY: In 9 the absence of clergy, may we all bow our 10 heads in a moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT STAVISKY: The 14 reading of the Journal. 15 The Secretary will read. 16 THE SECRETARY: In Senate, 17 Monday, April 12, the Senate met pursuant to 18 adjournment. The Journal of Sunday, April 11, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT STAVISKY: 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: Madam President, 9 at this time I move we pass the Resolution 10 Calendar in its entirety, with the exception 11 of Senate Resolutions 4602, 4601, 4642 and 12 4604. 13 ACTING PRESIDENT STAVISKY: All 14 those in favor of adopting the Resolution 15 Calendar in its entirety, with the exception 16 of Senate Resolutions 4602, 4601, 4642 and 17 4604, please signify by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT STAVISKY: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT STAVISKY: The 23 Resolution Calendar is adopted. 24 Senator Klein. 25 SENATOR KLEIN: Madam President,

Candyco Transcription Service, Inc. 1 at this time can we take up Senate Resolution 2 4601, by Senator Farley. I ask that the 3 resolution be read in its entirety and move 4 for its immediate adoption. 5 ACTING PRESIDENT STAVISKY: The 6 Secretary will read. 7 THE SECRETARY: Legislative 8 Resolution 4601, by Senator Farley, 9 commemorating the 190th Anniversary of the 10 Town of Rotterdam, to be celebrated on 11 April 14, 2010. 12 "WHEREAS, The State of New York 13 takes great pride in acknowledging significant 14 milestones in the distinguished histories of 15 its esteemed municipalities; and 16 "WHEREAS, The Town of Rotterdam 17 will celebrate its 190th Anniversary on 18 April 14, 2010; and 19 "WHEREAS, The area that is now the 20 Town of Rotterdam was settled in the early 21 1660s, predominantly by the Dutch; and 22 "WHEREAS, In 1819, residents of 23 Schenectady began discussing settling off its 24 Third and Fourth Wards into a separate town. 25 A petition was presented to the state

Candyco Transcription Service, Inc. 1 Legislature on December 31, 1819; and 2 "WHEREAS, On April 14, 1820, the 3 New York State Legislature adopted a law 4 establishing the Town of Rotterdam; and 5 "WHEREAS, The town was named after 6 the Town of Rotterdam in the Netherlands; and 7 "WHEREAS, Rotterdam enjoyed a 8 thriving broom corn industry in the late 9 1800s; and 10 "WHEREAS, the Erie Canal and the 11 addition of railroads in Rotterdam led to the 12 creation of several hamlets, including 13 Rotterdam Junction, South Schenectady, and 14 Pattersonville; and 15 "WHEREAS, Rotterdam is now the 16 proud home of hundreds of agricultural, 17 industrial, and commercial businesses; and 18 "WHEREAS, The Town of Rotterdam has 19 seen a steady increase in population and now 20 has more than 28,000 residents; and 21 "WHEREAS, the State of New York is 22 pleased to recognize this significant 23 milestone in Rotterdam's distinguished 24 history; now, therefore, be it 25 "RESOLVED, That this Legislative

Candyco Transcription Service, Inc. 1 Body pause in its deliberations to commemorate 2 the 190th Anniversary of the Town of 3 Rotterdam, to be celebrated on April 14, 2010; 4 and be it further 5 "RESOLVED, That copies of this 6 resolution, suitably engrossed, be transmitted 7 to Town Supervisor Francis Del Gallo, and the 8 board members of the Town of Rotterdam." 9 ACTING PRESIDENT STAVISKY: 10 Senator Farley. 11 SENATOR FARLEY: Thank you very 12 much, Madam Chair. 13 And also, Senator Klein, thank you 14 for the courtesy of recognizing this 15 incredible milestone. 16 We're talking about a community 17 right nearby here. It's really the second 18 stop on the Thruway as you go west. 19 1660 -- that is 190 years before we 20 were even a country. And this is their 21 anniversary, and we're very proud to have with 22 us here almost the entire town fathers and 23 mothers. And they're located right up here in 24 the gallery. And I'd like to introduce them, 25 if I may.

Candyco Transcription Service, Inc. 1 Francis (Frank) Del Gallo, the town 2 supervisor; Robert Godlewski, the deputy 3 supervisor; Gerard Parisi, town board member; 4 Judy D'Agostino, Schenectady County 5 legislator, who served here in the Senate with 6 Senator Cook for many, many years; Anthony 7 (Tony) Jasenski, Schenectady County 8 legislator; Angelo Santabarbara, Schenectady 9 County legislator; Holly Vellano, Schenectady 10 County legislator; and also Michael Godlewski, 11 the assistant town attorney. 12 We're honored to have you in our 13 chamber, and we're very pleased to have the 14 Senate honor this magnificent community on its 15 190th birthday. Congratulations and best 16 wishes. 17 And, Madam President, I'd ask that 18 you give the town fathers and mothers here the 19 welcome of our chamber. Thank you. 20 ACTING PRESIDENT STAVISKY: Thank 21 you, Senator Farley. 22 And welcome to the people from 23 Rotterdam, and congratulations on your 190th 24 birthday. 25 And Senator Farley will be here in

Candyco Transcription Service, Inc. 1 ten years to celebrate the 200th anniversary. 2 (Laughter.) 3 SENATOR FARLEY: Congratulations. 4 ACTING PRESIDENT STAVISKY: Are 5 there any other Senators who wish to be heard 6 on the resolution? 7 The question is on the resolution. 8 All those in favor please signify by saying 9 aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT STAVISKY: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT STAVISKY: The 15 resolution is adopted. 16 Senator Klein. 17 SENATOR KLEIN: Madam President, 18 at this time can we take up Senate Resolution 19 Number 4642, by Senator McDonald. I ask that 20 the resolution be read in its entirety and 21 move for its immediate adoption. 22 ACTING PRESIDENT STAVISKY: The 23 Secretary will read. 24 THE SECRETARY: By Senator 25 McDonald, Senate Resolution 4642,

Candyco Transcription Service, Inc. 1 congratulating the Averill Park High School 2 Girls Basketball Team and Coach Sean Organ 3 upon the occasion of capturing both the 4 New York State Public School Athletic 5 association Class A Championship and the 6 New York State Federation Class A 7 Championship. 8 "WHEREAS, It is the sense of this 9 Legislative Body to recognize and pay tribute 10 to those young people within the State of 11 New York who have inspired and brought pride 12 to their school and community by achieving 13 outstanding success in athletic competition; 14 and 15 "WHEREAS, Attendant to such 16 concern, and in full accord with its 17 long-standing traditions, this Legislative 18 Body is justly proud to honor the Averill Park 19 High School Girls Basketball Team and Coach 20 Sean Organ upon the occasion of capturing the 21 New York State Public School Athletic 22 association Class A Championship; and 23 "WHEREAS, The lady warriors won the 24 first girls basketball championship for 25 Averill Park High School when they beat

Candyco Transcription Service, Inc. 1 Lakeland High School 53 to 46 on Saturday, 2 March 20, 2010, at Hudson Valley Community 3 College. In addition, they are the Suburban 4 Council Gold Division Champions, the Section 5 II Class A Champions, and the Regional Class A 6 Champions; and 7 "WHEREAS, The team also captured 8 the Class A New York State Federation 9 Championship by defeating St. Anthony's of 10 Melville 60 to 48 on March 27, 2010, at the 11 Glens Falls Civic Center; and 12 "WHEREAS, Ranked as the state's 13 number-one Class A team all season long, the 14 Lady warriors finished the year with a record 15 of 26 and 1. The victory over St. Anthony's 16 marked the first federation title for a 17 Section II team in nine years, and the first 18 ever Federation title, boys or girls, for 19 Averill Park High School; and 20 "WHEREAS, The athletic talent 21 displayed by this team is due in great part to 22 the efforts of Coach Sean Organ and his 23 assistants, skilled and inspirational tutors, 24 respected for their ability to develop 25 potential into excellence; and

Candyco Transcription Service, Inc. 1 "WHEREAS, The team's overall record 2 is outstanding, and the team members were 3 loyally and enthusiastically supported by 4 family, fans, friends and the community at 5 large; and 6 "WHEREAS, The hallmarks of the 7 Averill Park High School Girls Basketball 8 Team, from the opening game of the season to 9 participation in the championship, were a 10 sisterhood of athletic ability, of good 11 sponsorship, of honor and of scholarship, 12 demonstrating that these team players are 13 second to none; and 14 "WHEREAS, Athletically and 15 academically, the team members have proven 16 themselves to be an unbeatable combination of 17 talents reflecting favorably on their school; 18 and 19 "WHEREAS, Coach Sean Organ has done 20 a superb job in guiding, molding and inspiring 21 the team members toward their goals; and 22 "WHEREAS, Sports competition 23 instills the values of teamwork, pride and 24 accomplishment, and Coach Sean Organ and his 25 outstanding athletes have clearly made a

Candyco Transcription Service, Inc. 1 contribution to the spirit of excellence which 2 is a tradition of their school; now, 3 therefore, be it 4 "RESOLVED, That this Legislative 5 Body pause in its deliberations to 6 congratulate the Averill Park High School 7 Girls Basketball Team, its members -- Michela 8 Ottati, Lauren Nunziato, Amanda Fitzgerald, 9 Brittany O'Shea, Katie Duma, Alise Weisberg, 10 Katie Hawes, Alison Nunziato, Brooke O'Shea, 11 Molly Streb, Bridget Carney, and Amber 12 Dushensky -- Coaches Sean Organ, Michael 13 Cavotta, Vince Gaetani, Scott Keegan, and 14 Derek Minkler; Trainer Meg Gosh; Managers 15 Andrea Kronau and Emily Horton; and Athletic 16 Director June MacGilfrey, on their outstanding 17 season and overall team record; and be it 18 further 19 "RESOLVED, That copies of this 20 resolution, suitably engrossed, be transmitted 21 to the Averill Park High School Girls 22 Basketball Team, Coach Sean Organ, and the 23 aforementioned staff." 24 ACTING PRESIDENT STAVISKY: 25 Senator McDonald.

Candyco Transcription Service, Inc. 1 SENATOR McDONALD: Thank you, 2 Madam President. 3 That sure is an impressive array of 4 victories. And it's almost as impressive as 5 those folks up there. Please stand up: The 6 players and coaches from Averill Park High 7 School. 8 (Applause.) 9 SENATOR McDONALD: Averill Park 10 is a beautiful little community not very far 11 from here, about 10, 15 miles at the most, in 12 Rensselaer County. 13 These young people, as you can see, 14 nice, clean-cut people, all on their way to 15 college after they graduate. Hardworking, 16 multidimensional -- many of them are playing 17 more than one sport -- very good athletes. 18 Most importantly, very nice young ladies. 19 Good community people. 20 Their coaches, as you named them -- 21 and I'm glad you did, some of the names are 22 hard to read. Thank you -- the coaches did 23 just a tremendous job. 24 It's the first time Averill Park 25 has had a Federation winner, okay, in -- ever,

Candyco Transcription Service, Inc. 1 in Division A. 2 And it's especially gratifying that 3 this wonderful team beat one of my colleagues' 4 teams. Senator Marcellino, they beat a 5 Melville high school. And I think it wasn't 6 even close. 7 (Applause.) 8 SENATOR McDONALD: So thank you. 9 It's an honor to have you here. 10 And thank you, Madam President. 11 ACTING PRESIDENT STAVISKY: Are 12 there any other Senators who wish to be heard 13 on this resolution? 14 Senator Marcellino. 15 SENATOR MARCELLINO: Thank you, 16 Madam President. 17 I rise to congratulate these young 18 ladies. You must be good if you beat 19 St. Anthony's from Melville. Tough team; 20 harsh group. 21 But, Madam President, you well know 22 and we know that there are people in this hall 23 today who are shadows who are visiting us, who 24 are shadowing the members of this chamber for 25 the day.

Candyco Transcription Service, Inc. 1 Like this group, these young people 2 are good, clean-cut, hardworking. They 3 represent their communities well and with 4 pride. We rarely read about them in the 5 media. You rarely hear about people like this 6 in the media. 7 We hear about those who get in 8 trouble -- drugs, DWIs, you name it -- 9 committing all kinds of crimes, but we don't 10 hear about and we should hear about the people 11 who live good, honest lives, who contribute to 12 their communities, who represent their 13 communities with honor and with pride. 14 I would like to congratulate this 15 team and Senator McDonald and the community 16 and the young ladies and men who are shadowing 17 us today, because you are what we're all proud 18 of. 19 Stand up. Let's all see the people 20 who are shadowing us. Stand up, because we're 21 proud of you and you should be very proud. 22 (Applause.) 23 SENATOR MARCELLINO: I only wish 24 we would read and see more of you in the 25 media.

Candyco Transcription Service, Inc. 1 Thank you, Madam President. 2 ACTING PRESIDENT STAVISKY: Are 3 there any other Senators who wish to be heard 4 on the resolution? 5 The question is on the resolution. 6 All those in favor please signify by saying 7 aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT STAVISKY: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT STAVISKY: The 13 resolution is adopted. 14 Congratulations to the Averill Park 15 team. 16 Senator Aubertine. 17 SENATOR AUBERTINE: Thank you, 18 Madam President. 19 At this time can we take up Senate 20 Resolution 4604, by Senator DeFrancisco. I 21 ask that the resolution be read title only and 22 move for its immediate adoption. 23 ACTING PRESIDENT STAVISKY: The 24 Secretary will read. 25 THE SECRETARY: By Senator

Candyco Transcription Service, Inc. 1 DeFrancisco, Senate Resolution 4604, honoring 2 Chief Petty Officer Jeremy K. Torrisi upon the 3 occasion of receiving the Silver Star Medal. 4 ACTING PRESIDENT STAVISKY: 5 Senator DeFrancisco. 6 SENATOR DeFRANCISCO: Thank you, 7 Madam President. 8 This is truly an incredible 9 individual that we're honoring today. Chief 10 Petty Officer Jeremy Torrisi is unable to be 11 here because he's still on duty serving our 12 country. 13 He graduated from high school in 14 1994, and then he went right into the Marines. 15 And he's been in the Marines for 16 years. 16 He's a hospital corpsman. And in that 17 capacity, he's assigned to the United States 18 Marine Corps Special Operations Command in 19 Afghanistan. 20 On his third tour -- I repeat that, 21 third tour to Afghanistan, on June 26, 2008, 22 his Marine organization, his division, was on 23 a Special Operations mission to try to secure 24 a high-profile target. And at that time the 25 division came under very, very heavy fire and

Candyco Transcription Service, Inc. 1 very accurate fire, where several individuals 2 were shot. 3 At that time because of the 4 situation, that it was so dangerous, they were 5 called back, those that could come back. 6 Except there were several that were badly 7 injured in the line of fire. 8 Torrisi sprang into action. He 9 jumped out of his vehicle and ran 50 meters 10 through enemy fire to administer aid to those 11 in the rear vehicle. He then ran 50 to 75 12 more meters to the forward team to do the same 13 thing. 14 Unable to administer care due to 15 the sniper gunfire, Chief Petty Officer 16 Torrisi launched grenade rounds from an M-203 17 grenade launcher, and the assailing gunfire 18 stopped. 19 This soldier, then able to 20 administer to the wounded, moved forward. He 21 ushered wounded team members to the rear 22 vehicle and then went to aid the wounded 23 corpsmen. As he treated them, he was shot in 24 the leg, but refused aid until the other 25 injured individuals were tended to.

Candyco Transcription Service, Inc. 1 Air support was called in, and 2 Chief Petty Officer Torrisi aided in the 3 evacuation of wounded team members to safer 4 locations. 5 This action by Chief Petty Officer 6 Torrisi saved the lives of the four people. 7 And as a result of that, he was given the 8 third-highest honor for valor; namely, the 9 Silver Star Medal. If this deserves the 10 third-highest award given, I'm not so sure 11 what you have to do to get the first. 12 This is truly an inspiration to all 13 of those who understand what our military is 14 going through on a daily basis. I'm sure 15 there's many, many other stories like this 16 throughout the country. But we're here today 17 to honor Chief Petty Officer Jeremy Torrisi 18 for receiving the Silver Star Medal. 19 And we're hoping that he'll be able 20 to come back to Onondaga County in the near 21 future so that I can personally award this to 22 him on behalf of this entire Senate. 23 So thank you, Madam President, for 24 bringing up this privileged resolution and for 25 allowing me to speak on it.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STAVISKY: Thank 2 you, Senator DeFrancisco. 3 Are there any other Senators who 4 wish to be heard on this resolution? 5 The question is on the resolution. 6 All those in favor please signify by saying 7 aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT STAVISKY: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT STAVISKY: The 13 resolution is adopted. 14 Senator DeFrancisco has indicated 15 that he would like to open the resolution up 16 for cosponsorship by the entire house. Any 17 Senator wishing not to be on the resolution 18 please notify the desk. 19 Senator Aubertine. 20 SENATOR AUBERTINE: Thank you, 21 Madam President. 22 At this time I move to take up 23 Senate Resolution Number 4602, by Senator 24 Adams. I ask that the title of the resolution 25 be read and move for its immediate adoption.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STAVISKY: The 2 Secretary will read. 3 THE SECRETARY: By Senator Adams, 4 Senate Resolution 4602, memorializing Governor 5 David A. Paterson to proclaim May 2010 as Be 6 Kind to Animals Awareness Month in the State 7 of New York. 8 ACTING PRESIDENT STAVISKY: Are 9 there any Senators who wish to be heard on 10 this resolution? 11 Senator Adams. 12 SENATOR ADAMS: Thank you very 13 much, Madam President. 14 I think that it's important -- as a 15 matter of fact, you look great up there, Madam 16 President, if I may say. 17 ACTING PRESIDENT STAVISKY: Thank 18 you, Senator Adams. 19 SENATOR ADAMS: You know, 20 oftentimes when we think of animals we don't 21 understand how much a role they play inside a 22 household as actually part of a family. And I 23 started an organization called Legislators for 24 the Humane Treatment of Animals. 25 The number of letters I received

Candyco Transcription Service, Inc. 1 yesterday when it was stated that three horses 2 were put to death by the New York City Police 3 Department -- and even if it was for good 4 reasons or bad reasons, it impacts a countless 5 number of New Yorkers who believe our furry 6 family friends are more than just 7 insignificant pets, they're part of our 8 households. And we need think about that when 9 we make laws and how we decide the humane 10 treatment of animals. 11 A great indicator of how we are as 12 a society is how we treat the pets in our 13 lives, how we treat animals in our lives. And 14 New York State is well known for some very 15 fair and practical ways in treating animals, 16 and the indicators are how widespread animals 17 are in our lives. 18 I have a pet dog, and I'm pretty 19 sure many of us have various pets. If it's 20 from a turtle to a poodle, it's imperative 21 that we treat our animals in a fair way. 22 That's a fair way of showing how we are as 23 citizens. 24 Thank you, Madam President. 25 ACTING PRESIDENT STAVISKY: Thank

Candyco Transcription Service, Inc. 1 you, Senator Adams. 2 Are there any other Senators who 3 wish to be heard on this 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 STAVISKY: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT STAVISKY: The 12 resolution is adopted. 13 Senator Adams has indicated that he 14 would like to open the resolution up for 15 cosponsorship by the entire house. Any 16 Senator not wishing to be on the resolution 17 please notify the desk. 18 Senator Aubertine. 19 SENATOR AUBERTINE: Thank you, 20 Madam President. 21 Can we return to the reports of 22 standing committees. I believe there's a 23 report of the Finance Committee at the desk. 24 ACTING PRESIDENT STAVISKY: 25 Returning to the reports of standing

Candyco Transcription Service, Inc. 1 committees, there is a report of the Finance 2 Committee at the desk. 3 The Secretary will read. 4 THE SECRETARY: Senator C. 5 Kruger, from the Committee on Finance, reports 6 the following nomination. 7 As director of the Independent 8 Authorities Budget Office, David J. Kidera, of 9 Delmar. 10 ACTING PRESIDENT STAVISKY: 11 Senator Kruger. 12 SENATOR CARL KRUGER: Thank you, 13 Madam President. Please move the nomination. 14 ACTING PRESIDENT STAVISKY: Are 15 there any Senators who wish to be heard on the 16 nomination? 17 (No response.) 18 ACTING PRESIDENT STAVISKY: The 19 question is on the motion to confirm the 20 nomination of David J. Kidera, of Delmar, as 21 director of the Independent Authorities Budget 22 Office. All those in favor please signify by 23 saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT STAVISKY:

Candyco Transcription Service, Inc. 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT STAVISKY: The 4 motion carries. The nomination is confirmed. 5 Mr. Kidera is joined in the gallery 6 this afternoon by his wife, Chris. 7 Congratulations on your 8 confirmation. 9 (Applause.) 10 ACTING PRESIDENT STAVISKY: 11 Senator Breslin. 12 SENATOR BRESLIN: Thank you very 13 much, Madam President. I apologize; I was 14 with three shadows, high school students from 15 the area. 16 And I just wanted to take a moment 17 to congratulate the Governor on the choice of 18 David Kidera, who's been such a terrific 19 public servant for over 30 years. 20 And no one, no one is better suited 21 for this new position. As I said in the 22 committee hearing, that if you look up 23 "apolitical" in the dictionary, you'd probably 24 see Dave Kidera. 25 It's a wonderful choice, and he's

Candyco Transcription Service, Inc. 1 with his wonderful wife and son. 2 Congratulations, Dave. 3 ACTING PRESIDENT STAVISKY: Thank 4 you, Senator Breslin. 5 The Secretary will continue to 6 read. 7 THE SECRETARY: As commissioner 8 for the Port Authority of New York and 9 New Jersey, Jeffrey A. Moerdler, of Riverdale. 10 As a member of the Port of Oswego 11 Authority, Gerald H. Brown, of Oswego, and 12 John K. Smith, of Oswego. 13 As a member of the Public 14 Employment Relations Board, Sheila Cole, of 15 Delmar. 16 As a member of the State Banking 17 Board, Franz Leichter, of New York City. 18 As a member of the Board of 19 Directors of the Great Lakes Protection Fund, 20 Matthew J. Driscoll, of Syracuse. 21 As a member of the Republic Airport 22 Commission, Robert W. Bodenmiller, of West 23 Babylon. 24 As a member of the Medical Advisory 25 Committee, John Angerosa, M.D., of Scotia;

Candyco Transcription Service, Inc. 1 Jill Braverman-Panza, M.D., of Clifton Park; 2 Douglas Grant Fish, M.D., of Schenectady; Carl 3 P. Sahler, Jr., M.D., Ph.D., of Canandaigua; 4 Anthony Tartaglia, M.D., of Delmar; and Raul 5 Vazquez, M.D., of Williamsville. 6 As members of the Advisory Council 7 on Alcoholism and Substance Abuse Services, 8 Nidia E. Martinez-Godfrey, of Kingston, and 9 Paul N. Samuels, of New York City. 10 As a member of the Citizens Policy 11 and Complaint Review Council, Douglas E. 12 Landon, of Amsterdam, and Burton Schoenbach, 13 of New York City. 14 As a member of the Continuing Care 15 Retirement Community Council, Robert G. Spann, 16 South Setauket. 17 As members of the Minority Health 18 Council, Melody S. Goodman, of Queens; Antonio 19 Pagan, of New York City; and Susan C. 20 Scrimshaw, Ph.D., of Troy. 21 As a member of the State Hospital 22 Review and Planning Council, Ellen E. Grant, 23 Ph.D., of Grand Island. 24 And as a member of the Board of 25 Visitors of the Broome Developmental

Candyco Transcription Service, Inc. 1 Disabilities Services Office, Ann Brigid 2 Sullivan, of Morris. 3 ACTING PRESIDENT STAVISKY: 4 Senator Kruger. 5 SENATOR CARL KRUGER: Yes, thank 6 you, Madam President. Would you please move 7 these nominations. 8 ACTING PRESIDENT STAVISKY: Are 9 there any Senators wishing to be heard on this 10 motion to confirm the nominations? 11 Senator Fuschillo. 12 SENATOR FUSCHILLO: Madam 13 President, although I'll be voting aye to all 14 the recommendations to these boards, I'll be 15 voting in the negative for the commissioner of 16 the Port Authority. 17 ACTING PRESIDENT STAVISKY: 18 Senator Fuschillo will be recorded in the 19 negative on the confirmation of Jeffrey 20 Moerdler to the Port Authority of New York and 21 New Jersey. 22 Is there anyone else who wishes to 23 speak on the nominations? 24 The question is on the motion to 25 confirm the nominations. All those in favor

Candyco Transcription Service, Inc. 1 please signify by saying aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT STAVISKY: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT STAVISKY: The 7 motion carries, and the nominations are 8 confirmed. 9 Senator Aubertine. 10 SENATOR AUBERTINE: Thank you, 11 Madam President. 12 Can we return to motions and 13 resolutions. I believe there's a resolution 14 at the desk by Senator Sampson. I ask that 15 the title of the resolution be read and move 16 for its immediate adoption. 17 ACTING PRESIDENT STAVISKY: 18 Returning to the order of motions and 19 resolutions. 20 Senator Aubertine, has this 21 resolution been deemed privileged and 22 submitted by the office of the Temporary 23 President? 24 SENATOR AUBERTINE: Yes, Madam 25 President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STAVISKY: The 2 Secretary will read. 3 THE SECRETARY: By Senator 4 Sampson, legislative resolution commemorating 5 the 25th Anniversary of The Jewish Association 6 for Services for the Aged Senior Center at the 7 H.E.S. 8 ACTING PRESIDENT STAVISKY: Are 9 there any Senators who wish to be heard on 10 this resolution? 11 The question is on the resolution. 12 All those in favor please signify by saying 13 aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT STAVISKY: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT STAVISKY: The 19 resolution is adopted. 20 Senator Sampson has indicated that 21 he would like to open this resolution up for 22 cosponsorship by the entire house. Any 23 Senator not wishing to be on the resolution 24 please notify the desk. 25 Senator Aubertine.

Candyco Transcription Service, Inc. 1 SENATOR AUBERTINE: Thank you, 2 Madam President. 3 I believe there's a resolution at 4 the desk by Senator Savino. I ask that the 5 title of the resolution be read and move for 6 its immediate adoption. 7 ACTING PRESIDENT STAVISKY: 8 Senator Aubertine, has this resolution been 9 deemed privileged and submitted by the office 10 of the Temporary President? 11 SENATOR AUBERTINE: Yes, Madam 12 President. 13 ACTING PRESIDENT STAVISKY: The 14 Secretary will read. 15 THE SECRETARY: By Senator 16 Savino, legislative resolution paying just 17 tribute and remembering the 29 mining disaster 18 victims of Montcoal, West Virginia, and 19 expressing the deepest condolences of the 20 people from the State of New York. 21 ACTING PRESIDENT STAVISKY: 22 Senator Savino. 23 SENATOR SAVINO: Thank you, 24 Madam President. 25 On April 5, 2010, there was a

Candyco Transcription Service, Inc. 1 tremendous tragedy that occurred in the town 2 of Montcoal, West Virginia, when there was a 3 massive underground explosion at the Massey 4 Upper Branch Mine. It was the worst mining 5 disaster in 25 years, claiming 29 lives. 6 This tragedy has captured the 7 attention of both the nation and those of us 8 here in New York State, and it is appropriate 9 that we stop and reflect upon the tragedy that 10 day and commemorate it here on the floor of 11 the New York State Senate, and convey our 12 support and condolences to Governor Joe 13 Manchin of West Virginia as well as the 14 families of the victims. 15 But we also have a much higher 16 calling here. We have a calling to join the 17 members of the United Mine Workers union as 18 well as the members of the Congress who are 19 calling and demanding for greater safety 20 standards and enforcement against all mine 21 operators, but particularly this one. 22 The United Mine Workers have a very 23 long, storied history in the American labor 24 movement. Among their leaders have been great 25 names like John L. Lewis and Mother Jones.

Candyco Transcription Service, Inc. 1 Their history is full of legendary other 2 events and names, like the Molly Maguires; the 3 Lattimer Massacre; the Ludlow Massacre; 4 Matewan and the Battle of Blair Mountain; 5 Paint Creek, Cabin Creek, and Buffalo Creek; 6 and Bloody Harlan. 7 Despite the threat of physical harm 8 over the centuries, and economic ruin, miners 9 have constantly struggled against great odds 10 to achieve their goals: The eight-hour work 11 day that they achieved in 1898, collective 12 bargaining rights for mine workers in 1933, 13 health and retirement benefits in 1946, health 14 and safety protections in 1969. 15 They successfully lobbied Congress 16 to change the law and establish the Federal 17 Coal Mine Safety Act of 1952, which called for 18 annual evaluations and inspections of 19 underground coal mines, and charging the 20 Bureau of Mines to issue citations and 21 imminent danger withdrawals. 22 Well, here's what we know now about 23 what happened at Upper Branch, owned by the 24 Massey Mine Company. At the time of this 25 disaster, they were contesting millions of

Candyco Transcription Service, Inc. 1 dollars in major safety violations levied 2 against this mine. At his Labor Day 3 anti-union rally -- the Labor Day anti-union 4 rally -- the CEO of Massey mocked Washington 5 politicians and local elected officials who 6 attempt to ensure mine safety, calling their 7 efforts "as silly as global warming." 8 The penalties that were imposed 9 mean nothing to this profit-bound company, nor 10 does it to other profit-bound multinational 11 energy companies. In truth, this explosion at 12 Upper Big Branch was just a tip of the 13 iceberg. 14 As I said, the story is still being 15 written about what happened at Upper Big 16 Branch. There will be other penalties levied. 17 But we need to change the way the mining 18 industry operates in this country to protect 19 the thousands of people who depend upon the 20 industry so that they can put food on the 21 table for their families and provide energy at 22 a low cost to Americans. 23 It has been determined that the 24 New York State -- 25 ACTING PRESIDENT STAVISKY:

Candyco Transcription Service, Inc. 1 Senator, can you hold it just a moment. 2 SENATOR SAVINO: Yes. 3 ACTING PRESIDENT STAVISKY: If we 4 could have a little quiet in the chamber so 5 that Senator Savino can be heard. 6 Thank you. Please continue. 7 SENATOR SAVINO: It has been 8 determined that the New York State Pension 9 System and the Common Retirement Fund had 10 invested some of our pension funds into 11 Massey, and we have requested that the 12 Comptroller review that policy. And in fact, 13 today Tom DiNapoli himself called for the 14 resignation of the CEO, Don Blankenship, of 15 Massey for his responsibility of this tragic 16 accident. 17 So while it's important that we 18 stand here today and we commemorate what 19 happened down there, and we send our 20 condolences, I am reminded of the words of one 21 of the greatest organizers and a legend in the 22 United Mine Workers, and that was Mother 23 Jones, who would tell us today: "Pray for the 24 dead, but fight like hell for the living." 25 ACTING PRESIDENT STAVISKY: Thank

Candyco Transcription Service, Inc. 1 you, Senator Savino. 2 Are there any other Senators who 3 wish to be heard on this 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 STAVISKY: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT STAVISKY: The 12 resolution is adopted. 13 Senator Savino has indicated that 14 she would like to open the resolution up for 15 cosponsorship by the entire house. Any 16 Senator not wishing to be on the resolution 17 please notify the desk. 18 Senator Aubertine. 19 SENATOR AUBERTINE: Thank you, 20 Madam President. 21 On behalf of Senator Parker, on 22 page 18 I offer the following amendments to 23 Calendar Number 298, Senate Print Number 24 3601A, and ask that said bill retain its place 25 on the Third Reading Calendar.

Candyco Transcription Service, Inc. 1 Also, on behalf of Senator 2 Stachowski, I move that the following bill be 3 discharged from its respective committee and 4 be recommitted with instructions to strike the 5 enacting clause: Senate Number 2790. 6 ACTING PRESIDENT STAVISKY: So 7 ordered. 8 Senator Aubertine. 9 SENATOR AUBERTINE: Madam 10 President, is there any further business at 11 the desk? 12 ACTING PRESIDENT STAVISKY: 13 Senator Aubertine, the desk is clear. 14 SENATOR AUBERTINE: There being 15 no further business at the desk, I move that 16 we adjourn until Wednesday, April 14th, at 17 11:00 a.m. 18 ACTING PRESIDENT STAVISKY: There 19 being no further business to come before the 20 Senate, on motion, the Senate stands adjourned 21 until Wednesday, April 14th, at 11:00 a.m. 22 (Whereupon, at 4:25 p.m., the 23 Senate adjourned.) 24 25

Candyco Transcription Service, Inc.