Tuesday, April 27, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 27, 2010 11 3:49 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR ANDREA STEWART-COUSINS, 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 STEWART-COUSINS: 3 The Senate will please come to order. 4 I ask everyone present to please 5 rise and recite with me the Pledge of 6 Allegiance to our Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT STEWART-COUSINS: 10 In the absence of clergy, may all we bow our 11 heads in a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT STEWART-COUSINS: 15 And while we are in this moment of silence, 16 this is the one-year anniversary of the late 17 Senator Marchi's death. 18 (Whereupon, the assemblage 19 continued to respect a moment of silence.) 20 ACTING PRESIDENT STEWART-COUSINS: 21 The reading of the Journal. 22 The Secretary will read. 23 THE SECRETARY: In Senate, 24 Monday, April 26, the Senate met pursuant to 25 adjournment. The Journal of Sunday, April 25,

Candyco Transcription Service, Inc. 1 was read and approved. On motion, Senate 2 adjourned. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Without objection, the Journal stands approved 5 as read. 6 Presentation of petitions. 7 Messages from the Assembly. 8 Messages from the Governor. 9 Reports of standing committees. 10 Senator Klein. 11 SENATOR KLEIN: Madam President, 12 I believe there's a report of the Finance 13 Committee at the desk. I ask that it be read 14 at this time. 15 ACTING PRESIDENT STEWART-COUSINS: 16 There is a report of the Finance Committee at 17 the desk. 18 The Secretary will read. 19 THE SECRETARY: Senator C. Kruger 20 reports, from the Committee on Finance, the 21 following nominations. 22 As chair of the State Athletic 23 Commission, Melvina Lathan, of Ardsley. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Senator Kruger.

Candyco Transcription Service, Inc. 1 SENATOR CARL KRUGER: Yes, thank 2 you, Madam President. Will you please move 3 the nomination. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Are there any other Senators who wish to be 6 heard on the nominee? 7 The question is on the motion to 8 confirm the nomination of Melvina Lathan, of 9 Ardsley, as the chair of the State Athletic 10 Commission. All those in favor please signify 11 by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT STEWART-COUSINS: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT STEWART-COUSINS: 17 The motion carries. The nomination is 18 confirmed. 19 Congratulations. 20 (Applause.) 21 ACTING PRESIDENT STEWART-COUSINS: 22 The Secretary will continue to read. 23 THE SECRETARY: As a commissioner 24 of the State Athletic Commission, Tommaso 25 Santino, of Douglaston.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Senator Kruger. 3 SENATOR CARL KRUGER: Thank you, 4 Madam President. Will we please move that 5 nomination. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Are there any other Senators who wish to be 8 heard on the nominee? 9 Senator DeFrancisco. 10 SENATOR DeFRANCISCO: Yes, I 11 would like to simply state that the two 12 nominees by Governor Paterson to the State 13 Athletic Commission are extremely well 14 qualified. They were well equipped to answer 15 questions that were taken before the 16 committee. 17 And as the ranking member on the 18 Finance Committee they also, especially 19 Melvina Lathan, answered some very difficult 20 questions, gave her honest opinions and 21 indicated strongly where she stood on various 22 issues, and I think that was extremely 23 important to be so forthright before the 24 committee. 25 Great appointments. I'm very happy

Candyco Transcription Service, Inc. 1 to vote yes on both of them. Thank you. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Thank you, Senator DeFrancisco. 4 Senator Padavan. 5 SENATOR PADAVAN: Thank you very 6 much, Madam President. 7 I stand, along with others, to 8 endorse the confirmation of Mr. Santino, whose 9 service to the City of New York and the 10 New York City Police Department has been 11 exemplary, his leadership in the community, 12 his service to everyone who is concerned about 13 the quality of life in the city we live in. 14 He's an outstanding citizen. 15 And if you look at his resume, you 16 will also see that he has experience in the 17 boxing world that makes him even more 18 qualified to be in this position. 19 He also has the benefit of being 20 married to an outstanding woman, an anchor, 21 Mary McNally, and they have a wonderful young 22 man as a son who will soon be entering high 23 school. 24 So I stand here with all of you and 25 strongly recommend that this individual, this

Candyco Transcription Service, Inc. 1 fine outstanding citizen, be confirmed. 2 Thank you. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Thank you, Senator. 5 Senator Squadron. 6 SENATOR SQUADRON: Thank you very 7 much, Madam President. 8 In the last few days there hasn't 9 been a great deal of agreement on both sides 10 of the aisle. There is today. I want to join 11 Senators DeFrancisco and Padavan in thanking 12 the Governor for the appointment of Tommaso 13 Santino and congratulate Mr. Santino. 14 His career has shown an incredible 15 ability to balance athletics, dedication to 16 the community, and extraordinary public 17 service in 20 years in the New York City 18 Police Department. It's an extraordinary 19 legacy that he's already built, and I'm sure 20 that the state will be better off with his 21 service. 22 I had the pleasure early on in my 23 not-too-long career to work with him side by 24 side, day on day, hour on hour. And I can 25 tell you from up close, there is no one who I

Candyco Transcription Service, Inc. 1 would rather have in this position or doing 2 the service of the state. 3 So to Mr. Santino and to his 4 family, congratulations. To the Governor to 5 the Governor, thank you for an extraordinary 6 appointment. 7 Thank you, Madam President. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Thank you. 10 Senator Duane. 11 SENATOR DUANE: Thank you very 12 much, Madam President. 13 I too just want to thank the 14 Governor for making this outstanding 15 appointment. And I am enthusiastically going 16 to vote in the affirmative. And I am 17 confident that everyone here will. 18 And for a whole host of reasons, 19 this is just a really a terrific appointment. 20 So I'm going to be proudly and happily voting 21 in the affirmative, Madam President. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Thank you, Senator. 24 Are there any other Senators who 25 wish to be heard on the nomination?

Candyco Transcription Service, Inc. 1 Hearing none, the question is on 2 the motion to confirm the nomination of 3 Tommaso Santino as commissioner of the State 4 Athletic Commission. All those in favor 5 please signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT STEWART-COUSINS: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT STEWART-COUSINS: 11 The motion carries. The nomination is 12 confirmed. 13 Congratulations, Mr. Santino. 14 (Applause.) 15 ACTING PRESIDENT STEWART-COUSINS: 16 The Secretary will continue to read. 17 THE SECRETARY: As trustee of the 18 Power Authority of the State of New York, Mark 19 O'Luck, of New York City. 20 As chair of the Dormitory 21 Authority, Alfonso Linwood Carney, Jr., of 22 New York City. 23 As a member of the Correction 24 Medical Review Board, Scott S. Coyne, M.D., of 25 Huntington.

Candyco Transcription Service, Inc. 1 As chairman of the State Board for 2 Historic Preservation, Robert MacKay, of Cold 3 Springs Harbor. 4 And as a member of the 5 Saratoga-Capital District State Park, 6 Recreation and Historic Preservation 7 Commission, Barbara Linell Glaser, of Saratoga 8 Springs. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Kruger. 11 SENATOR CARL KRUGER: Thank you, 12 Madam President. Can we please move those 13 nominations. 14 SENATOR LIBOUS: Excuse me, Madam 15 President. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Yes, Senator. 18 SENATOR LIBOUS: Is there a 19 reason why we're doing them en masse and we're 20 not doing them one at a time when we have 21 people appearing? 22 I believe Mr. O'Luck is here, no? 23 ACTING PRESIDENT STEWART-COUSINS: 24 Senator Libous, Mr. O'Luck is not appearing. 25 He is not appearing, no.

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: All right. 2 Madam President, I believe that on these 3 nominations, then, I'd like to ask for a show 4 of hands. If you choose to do them as a mass, 5 then we'll do them as a mass. But I think 6 people have individual feelings about each 7 nomination, and they want to express those 8 feelings. And doing them all together is 9 really not fair. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Senator Libous, is there a particular nominee 12 that you'd like to set aside? 13 SENATOR LIBOUS: Yes. We'd like 14 to set Mr. O'Luck aside, please. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Under those circumstances, then, the question 17 is then on the notion to confirm Mark O'Luck 18 as trustee of the Power Authority. 19 SENATOR LIBOUS: We are on that 20 motion? 21 ACTING PRESIDENT STEWART-COUSINS: 22 We are on that motion, and the other three 23 will be taken collectively. 24 SENATOR LIBOUS: Thank you very 25 much, Madam President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Senator DeFrancisco, why do you rise? 3 SENATOR DeFRANCISCO: I'd like to 4 speak on the nomination before there's a vote, 5 if I could. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Please. 8 SENATOR DeFRANCISCO: I'm not 9 going to repeat the discussion in the Finance 10 Committee. I'm only going to explain my vote 11 why I don't believe Mark O'Luck should be 12 confirmed and why I'm voting no. 13 I think one of the points in any 14 confirmation is not only the background of an 15 individual but also, in my mind, the 16 credibility and the trustworthiness of an 17 individual who you're going to confirm. I 18 think we've got to be able to have faith in 19 the individual that's going to be appointed, 20 especially to such an important authority as 21 the Power Authority. 22 I just felt that Mr. O'Luck did not 23 give straightforward answers. He couldn't 24 answer whether or not he wrote a response to a 25 an editorial, the contents of which weren't

Candyco Transcription Service, Inc. 1 nearly as important as whether or not he would 2 admit that he wrote it. And I believe he 3 danced around the issue and not to my 4 satisfaction, anyway, did not convince me that 5 he was being totally forthright. 6 And as a result, I don't have the 7 trust in this nominee, and I would vote no 8 today at this session. Thank you. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Thank you, Senator DeFrancisco. 11 Senator Smith. 12 SENATOR SMITH: Yes, Madam 13 President, just very briefly. 14 I have known Mr. O'Luck for close 15 to 15 years. And he has always been a 16 forthright individual who, even when times 17 were such that he had to take a position that 18 was contrary to his beliefs, he would justify 19 it by virtue of defining his reasoning and his 20 rationale for it. 21 He has been a stellar 22 businessperson, someone who I know, I know the 23 Governor knows, many of my colleagues here 24 know as well, and has always represented his 25 interests, especially in the minority business

Candyco Transcription Service, Inc. 1 community, which is so important to the state 2 in terms of diversification of the people in 3 this state. 4 So I just stand to appreciate my 5 colleague's description of what he thought 6 Mr. O'Luck might have been like. But as 7 someone who has known him for quite some time, 8 I just wanted to correct the record. 9 Thank you, Madam President. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Thank you, Senator. 12 Senator Parker. 13 SENATOR PARKER: On the 14 nomination, Madam Chair. 15 I've known -- I'm here to speak in 16 favor and ask my colleagues to vote for 17 Mr. O'Luck to be a member of the Power 18 Authority board. 19 As both the former chair of the 20 Energy and Telecommunications Committee and 21 somebody who's known Mr. O'Luck in a business 22 capacity -- not quite as long as Malcolm, but 23 for a very long time -- he has a unique gift 24 of seeing both the specifics of projects and 25 things that need to be done, but also

Candyco Transcription Service, Inc. 1 understanding how those specific things go 2 into a larger context. 3 And especially something as 4 important as the power industry, as we look to 5 the future and look at some of the economic 6 problems the state is having, look at the jobs 7 crisis, if you look at where the opportunities 8 for us to grow our economy are going to exist, 9 they're going to exist in the energy industry. 10 And certainly as we change not just 11 from an energy industry but an alternative 12 energy industry, Mark O'Luck is the kind of 13 person that we need on the Power Authority 14 board to help bring an understanding of those 15 things. And not just in terms of serving 16 customers, which I think he will understand, 17 but, more importantly, how do we in fact grow 18 the industry and create jobs and at the same 19 time provide for customers in a way that's 20 both a low-cost and reliable service. And so 21 I stand here in favor of his nomination. 22 But then I know there are 23 questions, and I know there are some concerns. 24 But what people should do is be honest about 25 why there are concerns. And I'm not clear

Candyco Transcription Service, Inc. 1 about what everybody's motives are. But let 2 me say that this was a man that when there 3 were questions amongst people in -- members of 4 the Senate in the Energy Committee, he called 5 every single member and met with the chair and 6 called the chair several times to have 7 conversation and dialogue, and so he could 8 start to understand that perspective. 9 When even when Senator DeFrancisco 10 insisted that he come up and be available at 11 the Finance Committee, he appeared, came up a 12 day early, met with Senator DeFrancisco, you 13 know, for some period of time, discussed all 14 of the issues, was upfront, forthright, and 15 outreached to people. 16 This is at least what you ask from 17 people. That we don't always agree, we don't 18 always have the same perspective, but at 19 minimum what you're looking for are people who 20 are willing to work with you, who are willing 21 to partner with you, who are willing to share 22 your perspective and understand it and 23 incorporate it in their decision-making. 24 That's the kind of person and the 25 kind of character that Mark O'Luck has, and

Candyco Transcription Service, Inc. 1 which is why I'm supporting him in his 2 nomination and I'm asking my colleagues to do 3 as well. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Thank you, Senator. 6 Senator Hassell-Thompson. 7 SENATOR HASSELL-THOMPSON: Thank 8 you, Madam Chair. 9 I also stand in support of this 10 nominee, as someone who over the last 10 years 11 that I had the opportunity to work with very 12 closely in terms of how do we articulate the 13 language of MWBEs for the State of New York 14 and how to ensure that we get maximum 15 participation. 16 I am deeply concerned at some of 17 the questions that may be raised about 18 positions that Mr. O'Luck has chosen to take 19 in his life. But I do not believe that any of 20 those should have any bearing on his 21 eligibility and his ability to do the job that 22 we're going to ask him to do. 23 So therefore, I'm asking my 24 colleagues to support me in this nomination 25 for an authority as a person who will be a

Candyco Transcription Service, Inc. 1 tremendous asset to that board. 2 Thank you, Madam President. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Thank you, Senator. 5 Senator Huntley. 6 SENATOR HUNTLEY: Yes, Madam 7 President. I would just like to stand to 8 basically support what my colleague just said 9 in terms of Mark O'Luck. I've known him for a 10 number of years, even though he doesn't live 11 in my area, but he's about and around a lot of 12 communities. He's done a lot of positive 13 things. 14 And he's just a fine gentleman. I 15 can't seem to understand what he's done, why 16 we're going through all this. Normally we 17 never do. But that's a whole other story. 18 But I just want you to know I 19 support him and I think he should be 20 appointed. Thank you. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Thank you, Senator. 23 Senator Adams. 24 SENATOR ADAMS: Thank you, Madam 25 Chair.

Candyco Transcription Service, Inc. 1 One of my pet peeves that I have 2 when individuals come through my committee for 3 nomination is that they have the audacity to 4 be nominated but they don't want to show up. 5 They don't want to be questioned. They don't 6 want to interact. 7 And I think at the minimum we can 8 disagree without being disagreeable. But when 9 people show a lack of respect and disdain for 10 this body that they can't come before the 11 committees and interact or to call and speak 12 with the members or the committee or the chair 13 of the committee, I believe that, if anything, 14 those individuals should not be permitted to 15 be put in any position of authority. 16 That didn't happen here. As 17 Senator Parker just stated, Mark O'Luck -- who 18 I know personally -- he actually came before 19 the committee and was willing to answer 20 questions from the committee. And then I just 21 learned from Senator Parker that he spoke with 22 members of the committee to find out what are 23 their concerns. That is what we expect of 24 individuals we nominate. 25 I've seen this body vote in favor

Candyco Transcription Service, Inc. 1 of nominees who have refused to answer 2 questions in front of this body. So to now 3 have selective amnesia and don't realize that 4 if we're going to set a standard, that 5 standard should be, at a minimum, individuals 6 who expect to sit on boards or positions of 7 authority in this state should at a minimum 8 come before us. You don't have to agree with 9 our questions, you don't believe to believe 10 our questions are right, but you should be 11 willing to be asked the question and you 12 should be expected to answer the question. 13 And I believe that's Mr. O'Luck did. 14 Lastly, we are a failure on MWBEs 15 in the State of New York. We are a failure. 16 For whatever reason, when it comes down to 17 finding creativity of preventing people of 18 color and women and other minority groups of 19 seeking the countless number of opportunities 20 in this state, New York State fails. 21 Mr. O'Luck is bringing a history of 22 knowing how to not only open doors but to 23 provide opportunities for men, women and other 24 minority groups so they can participate in the 25 prosperity of this state and the millions and

Candyco Transcription Service, Inc. 1 billions of dollars of opportunities. That is 2 what he brings to the table. 3 So to deny that type of diversity, 4 to deny that type of ability is the wrong 5 thing to do. If anything, we need to look at 6 the countless number of boards throughout this 7 state that are all one type, one mindset and 8 one philosophy, and it should be diversified. 9 This is a diversified state, and the bodies 10 that make the decisions in this state should 11 be diversified. And Mr. O'Luck clearly is a 12 signal of that. 13 I stand in support of this nominee, 14 and I'm asking my colleagues to do the same. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Thank you, Senator. 17 Senator Montgomery. 18 SENATOR MONTGOMERY: Thank you, 19 Madam President. 20 Certainly I was in the meeting this 21 morning when the committee voted for the 22 nominee, Mr. O'Luck. And it was the first 23 time that I'd had a full opportunity to hear 24 him. He made a fairly extensive statement 25 about his experiences, his concerns, what he

Candyco Transcription Service, Inc. 1 thought he could bring to this appointment. 2 And as a person who has had the 3 experience himself, very personally -- he 4 himself is an African-American man, but he 5 also has been a businessperson, understands 6 the difficulties on both of those angles, both 7 as an African-American person as well as a 8 small businessperson as well as a minority 9 businessperson. 10 He has an in-depth understanding 11 and sensitivity and expressed to us this 12 morning that he indeed intends to draw upon 13 all of his experiences, in every way that he 14 has had them, to bring a new perspective to 15 the work that he intends to do as a member of 16 that authority. 17 So I'm very happy that he will be 18 there. I believe this is the first person of 19 color, to my knowledge, that we've had an 20 opportunity to vote on for his position. 21 And he also said something 22 extremely important, and that was that he is 23 going to focus on ways in which that authority 24 can be translated, its mission can be 25 translated to the benefit of young people in

Candyco Transcription Service, Inc. 1 urban centers around the state. I've never 2 heard any commissioner express that interest, 3 that concern, and that intent. 4 So it is really -- this is an 5 opportunity for us to do something that is 6 going to be of great benefit both to the 7 authority as well as to the communities across 8 the state that will depend upon the work of 9 that particular authority to bring both energy 10 as well as employment, jobs and economic 11 development. 12 So I applaud the Governor for this 13 appointment, and I certainly support him and 14 think that this is really an opportunity for 15 us today to bring diversity and quality and a 16 new perspective to the authority. 17 Thank you, Madam President. I vote 18 yes. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator Thompson. 21 SENATOR THOMPSON: Thank you, 22 Madam President, for recognizing me. 23 First let me just say that I'm 24 happy to support the candidacy and nomination 25 of Mark O'Luck today. I think he's a very

Candyco Transcription Service, Inc. 1 respectable gentleman, a very professional 2 gentleman. And I do agree that he brings some 3 unique talents and skill sets to the board. 4 But I also know that it was -- not 5 only do I support his candidacy and 6 nomination, but I was also concerned that his 7 nomination moved before one of my -- some of 8 the folks in Niagara County. We have been 9 working to address that issue. And I think we 10 move his nomination today and hopefully the 11 next nomination will be someone from Niagara 12 Falls and Niagara County. 13 As many of you know, I represent 14 the City of Niagara Falls, and we're very 15 concerned. And if I didn't believe that 16 Mr. O'Luck was going to do a good job, I would 17 not be supporting his nomination. 18 I think the next step is we move 19 forward with finally getting someone from the 20 City of Niagara Falls or someone from Niagara 21 County where so much of the Power Authority's 22 resources come from. So I think that's our 23 next challenge. 24 I know that Senator Maziarz and 25 Senator Aubertine and Senator Stachowski and

Candyco Transcription Service, Inc. 1 Senator Valesky have heard my pleas about this 2 particular issue. We need to make sure that 3 the next nomination is someone that comes from 4 the City of Niagara Falls or someone that 5 comes from Niagara County. 6 But Mark O'Luck is a great guy. 7 I'm sure he'll bring great leadership and 8 great vision to this board and to this 9 authority. 10 Thank you. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Thank you, Senator. 13 Senator Duane. 14 SENATOR DUANE: Thank you, Madam 15 President. 16 I regret that I was not present 17 when Mr. O'Luck appeared before the committee, 18 as I was preparing for a Health Committee 19 meeting. However, there have been a couple of 20 different issues that have been raised that I 21 think are important to put out there. 22 The first is that Mr. O'Luck has 23 obviously been vetted across a whole 24 cross-section, a continuum of different 25 places, and his nomination has moved forward.

Candyco Transcription Service, Inc. 1 And so his qualifications, it would seem, are 2 fine. 3 And I have been here for a while, 4 and I've actually seen nominations that 5 probably did not equal that in past years. 6 And from what I can tell from the vetting of 7 Mr. O'Luck, excellent candidate. 8 I also think that -- 9 ACTING PRESIDENT STEWART-COUSINS: 10 Excuse me, Senator Duane. 11 Can I ask for order in the chamber, 12 please. 13 SENATOR DUANE: -- that one of 14 the things that we've discovered is that there 15 are many similarities between the needs across 16 many spectrums of urban dwellers and 17 businesspeople and rural dwellers and 18 businesspeople, that they share many of the 19 same concerns. 20 And so I think it's actually an 21 enrichment to bring a point of view that might 22 be, shall we say, out of the box. One might 23 say that we could use more of that here, one 24 might say. Might someone? It shouldn't 25 always be me.

Candyco Transcription Service, Inc. 1 And the other thing is that I think 2 that maybe even I fall into this trap 3 sometimes, that we think that the wealth of 4 experience or the amount of -- or wealth is a 5 limited amount. But in fact we enrich our 6 society by bringing different voices and 7 expertises across the spectrum, voices that 8 may not have been heard in the usual places 9 and thoughts that are not put on the table 10 from the usual places. 11 And so I would say whether it's 12 from the urban/rural connection or -- one of 13 the reasons I stood up is because people 14 mentioned MWBE. And I think it makes the pie 15 bigger and stronger and more enriched. It's 16 not a limited amount. And we should do 17 everything we can to expand it. 18 And there are so many things in our 19 state which I -- you probably have heard me 20 say this, Madam Chair, where I say, when 21 someone is saying "This is the way it's always 22 been done, and so this is the way we're doing 23 it," and I always say: "And how's that 24 working?" And we need only look at the 25 experiences of the past year. How is that

Candyco Transcription Service, Inc. 1 working? 2 Let's everybody really celebrate 3 that there are different voices that have been 4 brought to the table in a more powerful way 5 here, and maybe a little less, you know, 6 what -- my mother would say, "Tom, you're 7 being obstreperous." My recently deceased 8 mother would say, "Tom, you're" -- a little 9 bit less being obstreperous and a little bit 10 more on opening up to new ideas and new 11 thoughts on how to do things, we might be 12 better off. 13 And I think that maybe Mr. O'Luck 14 would fit right into that category. So I am 15 definitely voting yes, Madam President. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Thank you, Senator. 18 Senator DeFrancisco. 19 SENATOR DeFRANCISCO: I just 20 wanted to comment there seemed to be a lot of 21 discussion in the debate here about diversity, 22 different points of view, minority and women 23 business organizations, and we have to be 24 inclusive and all that. 25 I did meet with Mr. O'Luck

Candyco Transcription Service, Inc. 1 yesterday. He did not originally appear 2 before the committee; I asked for him to 3 appear. So he wasn't going to appear until I 4 asked him to appear, asked that he appear. 5 Number two, I asked him yesterday 6 about an article, a response that had "Mark 7 O'Luck" as the writer of the response. I 8 asked him, "Did you write this?" "I don't 9 know." 10 Did you -- "Do people normally 11 write your name?" "Well, it might have been 12 somebody from my company." "Well, let me show 13 it to you. Do you remember this?" "I don't 14 remember this." "Well, did you write it?" 15 "Well, I believe in those things. I don't 16 know if I wrote it." 17 I asked him -- I gave him those 18 questions yesterday. He either wrote it or he 19 didn't, he recognized it or he didn't. 20 So at the committee, since he 21 didn't answer the question yesterday, I asked 22 him again. And he went into a whole 23 discussion concerning women and minority 24 businesses, et cetera, et cetera, and how he 25 felt.

Candyco Transcription Service, Inc. 1 I said, "All I wanted to know, did 2 you write it?" "Well, I can't deny that I 3 didn't" -- or "I can't deny that I did." 4 Now, that has nothing to do with 5 diversity. It has nothing to do with the 6 color of somebody's skin or whether they're 7 for one program or not. It's just 8 incomprehensible to me that if an article came 9 out and there was a response by someone with 10 your name, an unusual name, that you wouldn't 11 recognize it or indicate that you signed that 12 letter or that was your position. 13 To me, it boils down to simply 14 that. That is simply something that I don't 15 believe was forthright, and that's not the 16 type of person I would want on the Power 17 Authority board. That's the reason. That's 18 the simple reason. And all of these other 19 comments really have no bearing on my reason 20 for voting no. 21 Thank you, Madam President. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Thank you, Senator. 24 Are there any other Senators 25 wishing to be heard on the nominee?

Candyco Transcription Service, Inc. 1 Hearing none, the question is on 2 the motion to confirm Mark O'Luck, of New York 3 City, as a trustee of the New York State Power 4 Authority. All those in favor signify by 5 saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT STEWART-COUSINS: 8 Opposed, nay. 9 (Response of "Nay.") 10 ACTING PRESIDENT STEWART-COUSINS: 11 The nomination is confirmed. 12 (Applause.) 13 ACTING PRESIDENT STEWART-COUSINS: 14 We will return to the other nominees. 15 As chair of the Dormitory 16 Authority, Alfonso Linwood Carney, Jr., of 17 New York City. 18 As a member of the Correction 19 Medical Review Board, Scott S. Coyne, M.D., of 20 Huntington. 21 As chairman of the State Board for 22 Historic Preservation, Robert MacKay, of Cold 23 Springs Harbor. 24 And as a member of the 25 Saratoga-Capital District State Park,

Candyco Transcription Service, Inc. 1 Recreation and Historic Preservation 2 Commission, Barbara Linell Glaser, of Saratoga 3 Springs. 4 Are there any Senators wishing to 5 speak on these nominees? 6 Hearing none, the question is on 7 the motion to confirm the nominations. All 8 those in favor please signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT STEWART-COUSINS: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT STEWART-COUSINS: 14 The motion carries. The nominees are 15 confirmed. 16 Senator McDonald. 17 SENATOR McDONALD: Yes, I would 18 just like to congratulate Barbara Glaser, a 19 wonderful outstanding citizen from my 20 community in Saratoga, to be appointed to the 21 Capital District-Saratoga State Park System 22 board. 23 She's got a long history of caring 24 a great deal about our community, and I think 25 she'll be a wonderful board member.

Candyco Transcription Service, Inc. 1 Thank you. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Thank you, Senator. 4 The motion carries, and the 5 nominations are confirmed. 6 Returning to the order of business, 7 reports of select committees. 8 Communications and reports from 9 state officers. 10 Motions and resolutions. 11 Senator Klein. 12 SENATOR KLEIN: Madam President, 13 I believe there are substitutions at the desk. 14 I ask that we make the substitutions at this 15 time. 16 ACTING PRESIDENT STEWART-COUSINS: 17 The Secretary will read. 18 THE SECRETARY: On page 22, 19 Senator Valesky moves to discharge, from the 20 Committee on Higher Education, Assembly Bill 21 Number 9562 and substitute it for the 22 identical Senate Bill Number 6461, Third 23 Reading Calendar 394. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Substitution ordered.

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Madam President, 3 I believe there's a resolution at the desk by 4 Senator Serrano. I ask that the resolution be 5 read in its entirety and move for its 6 immediate adoption. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Klein, has this resolution been deemed 9 privileged and submitted by the office of the 10 Temporary President? 11 SENATOR KLEIN: Yes, it has, 12 Madam President. 13 ACTING PRESIDENT STEWART-COUSINS: 14 The Secretary will read. 15 THE SECRETARY: By Senator 16 Serrano, legislative resolution honoring 17 American novelist Harper Lee upon the occasion 18 of her designation for special recognition to 19 be celebrated April 28, 2010. 20 "WHEREAS, It is the sense of this 21 Legislative Body to recognize and pay tribute 22 to those exceptional journalists of this great 23 Empire State who have distinguished themselves 24 in their profession by entertaining us and 25 enriching our lives with their creative

Candyco Transcription Service, Inc. 1 talents; and 2 "WHEREAS, Attendant to such 3 concerns, and in full accord with its 4 long-standing traditions, this Legislative 5 Body is justly proud to honor American 6 novelist Nelle Harper Lee upon the occasion of 7 her designation for special recognition, and 8 to wish her to a very happy 84th birthday on 9 April 28, 2010; and 10 "WHEREAS, Born April 28, 1926, in 11 Monroeville, Alabama, Nelle Harper Lee was the 12 youngest of four children of Frances 13 Cunningham Finch and Amasa Coleman Lee, a 14 lawyer who served in the Alabama State 15 Legislature for 12 years. Both of her parents 16 played important roles in the creation of 17 Harper Lee's American classic To Kill A 18 Mockingbird; and 19 "WHEREAS, After attending the 20 University of Alabama, Harper Lee moved to 21 New York City in 1950 and worked as a 22 reservations clerk with Eastern Airlines and 23 BOAC. After writing several long stories, 24 Harper located an agent; and 25 "WHEREAS, For Christmas in 1956,

Candyco Transcription Service, Inc. 1 Harper Lee's friends gave her the gift of a 2 year's wages to take leave from her job, 3 allowing her to write full-time. Within a 4 year, she had the first draft of To Kill A 5 Mockingbird. Subsequently, it was completed 6 by the summer of 1959, and published in 1960; 7 and 8 "WHEREAS, To Kill A Mockingbird was 9 an immediate bestseller, and today there are 10 more than 30 million copies in print. In 11 1961, Harper Lee received the Pulitzer Prize 12 for Fiction. And in 1999, the Library Journal 13 voted To Kill A Mockingbird as the 'Best Novel 14 of the Century.' Harper Lee did not continue 15 her career as a writer; and 16 "WHEREAS, After completing To Kill 17 A Mockingbird, Harper Lee accompanied her 18 friend Truman Capote to Kansas, assisting him 19 in what became another classic, In Cold Blood. 20 Harper Lee continues to split her time between 21 New York City and her sister's home in 22 Alabama; and 23 "WHEREAS, in 1962, the screen 24 adaptation of To Kill A Mockingbird, starring 25 Gregory Peck as Atticus Finch, won an Academy

Candyco Transcription Service, Inc. 1 Award. In 1966, Harper Lee was named by 2 then-President Lyndon B. Johnson, to the 3 National Council on the Arts. In 2007, she 4 was presented with the Presidential Medal of 5 Freedom, the country's highest civilian award. 6 She has also received many honorary degrees; 7 and 8 "WHEREAS, It is with due cause and 9 proper resolve that this Legislative Body, 10 representing the people of the State of 11 New York, pays just tribute to 12 Pulitzer-Prize-winning novelist Harper Lee; 13 now, therefore, be it 14 "RESOLVED, That this Legislative 15 Body pause in its deliberations to honor 16 Harper Lee upon the occasion of her 17 designation for special recognition, lauding 18 her contribution to American literature, and 19 to express its heartfelt wishes for a very 20 happy 84th birthday; and be it further 21 "RESOLVED, That a copy of this 22 resolution, suitably engrossed, be transmitted 23 to Harper Lee." 24 ACTING PRESIDENT STEWART-COUSINS: 25 Senator Serrano.

Candyco Transcription Service, Inc. 1 SENATOR SERRANO: Thank you, 2 Madam President. 3 Very briefly, it's with great honor 4 that I, as chair of the Committee on Cultural 5 Affairs, speak about the life and legacy in 6 honoring a great novelist from New York, 7 Harper Lee. We all know her book To Kill A 8 Mockingbird. We all read it in grammar 9 school. And it's really no mystery why it is 10 considered to be the greatest novel of the 11 20th century. 12 And it was a very telling novel 13 that spoke about the very real harshness of 14 racial inequality in the South at that time. 15 And I think it was something that the country 16 appreciated and needed to read. 17 But I am also very excited about 18 future generations of novelists who will be 19 inspired by the work of Harper Lee that will 20 bring forth the next wave of artists and 21 novelists who, through their work, raise 22 social awareness, raise the collective social 23 conscience. 24 And we should feel very proud here 25 in the State of New York to have such a wealth

Candyco Transcription Service, Inc. 1 of talent, such a wealth of artistic talent. 2 And that's why, as chair of Cultural Affairs 3 and as a lover of the arts, I feel it's very 4 important that all of us promote and protect 5 the cultural venues, the cultural institutions 6 and organizations, art in education, so that 7 we can continue to foster and allow to thrive 8 the imaginative minds of our future artists 9 and novelists. 10 Thank you, Madam President. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Thank you, Senator. 13 Are there any other Senators 14 wishing to be heard on the resolution? 15 Senator Oppenheimer. 16 SENATOR OPPENHEIMER: Yes, I just 17 wanted to make one correction on my esteemed 18 colleague's statement. And Senator Serrano 19 said that we read it in elementary school. 20 And I can say, interestingly enough, I have 21 reread it for the fifth time about a month and 22 a half ago. 23 So I think it's something that 24 continues to inspire and certainly has 25 inspired me in the direction, the thinking

Candyco Transcription Service, Inc. 1 that was privy to her at that time. 2 And my only regret is that she 3 never went on to write another novel, because 4 she had such brilliance. But maybe she summed 5 it all up in that one novel. And I would just 6 tell everybody listening that it is something 7 that will inspire you even at age whatever. 8 Thank you. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Thank you, Senator. 11 Are there any other Senators 12 wishing 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 STEWART-COUSINS: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT STEWART-COUSINS: 21 The resolution is adopted. 22 Senator Serrano has indicated that 23 he'd like to open up the resolution for 24 cosponsorship by the entire house. Any 25 Senator not wishing to be on the resolution

Candyco Transcription Service, Inc. 1 please notify the desk. 2 Senator Klein. 3 SENATOR KLEIN: Madam President, 4 I believe there's a resolution at the desk by 5 Senator Ruth Hassell-Thompson. I ask that the 6 resolution be read in its entirety, move for 7 its immediate adoption, and would you please 8 call on Senator Hassell-Thompson. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator 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 Madam President. 15 ACTING PRESIDENT STEWART-COUSINS: 16 The Secretary will read. 17 THE SECRETARY: By Senator 18 Hassell-Thompson, legislative resolution 19 mourning the death of Dorothy Irene Height, a 20 leader of the African-American and women's 21 civil rights movements. 22 "WHEREAS, On Tuesday, April 20, 23 2010, Dorothy Irene Height, a champion of 24 women and minorities and president emerita of 25 the National Council of Negro women, died at

Candyco Transcription Service, Inc. 1 the age of 98; and 2 "WHEREAS, Ms. Height had a career 3 in civil rights that spanned nearly 80 years, 4 from anti-lynching protests in the early 1930s 5 to being an honored witness at the 6 inauguration of President Barack Obama in 7 2009. He called her 'the godmother of the 8 civil rights movement and hero to so many 9 Americans'; and 10 "WHEREAS, Ms. Height regularly 11 worked on projects of national significance 12 alongside the 'Big Six' male civil rights 13 leaders. In 1963, she sat next to Dr. Martin 14 Luther King, Jr., during his epochal 'I Have A 15 Dream' speech at the March on Washington. A 16 prize-winning orator and one of the march's 17 chief organizers, Ms. Height was not asked to 18 speak that day, although many other leaders -- 19 all men -- addressed that day's crowd; and 20 "WHEREAS, A star scholar, Dorothy 21 Height was accepted at Barnard College in 22 1929, only to be told by the dean that she 23 could not enroll that year because the quota 24 for Negro students had already been met. She 25 earned a bachelor's degree in education and a

Candyco Transcription Service, Inc. 1 master's in psychology from New York 2 University. Seventy-five years after being 3 turned away from Barnard, the college awarded 4 Ms. Height its highest honor, the Barnard 5 Medal of Distinction; and 6 "WHEREAS, After serving as a 7 caseworker with the New York City Welfare 8 Department, Dorothy Height became assistant 9 executive director of the Harlem YWCA in the 10 late 1930s, catching the attention of the 11 international news media by speaking out 12 against the 'slave markets' exploiting black 13 women working as domestic day workers; and 14 "WHEREAS, At the age of 25, 15 Ms. Height became a member of the National 16 Council of Negro Women and served as its 17 president from 1957 to 1997, overseeing 18 programs ranging from voting rights to poverty 19 and AIDS; and 20 "WHEREAS, In 1946, Dorothy Height 21 oversaw the desegregation of the YWCA 22 nationwide. In 1965, she founded the Y's 23 Center for Racial Justice, which she led until 24 1977; and 25 "WHEREAS, From 1946 to 1957,

Candyco Transcription Service, Inc. 1 Ms. Height was the president of Delta Sigma 2 Theta sorority, an international sorority of 3 black women. And, along with Gloria Steinem, 4 Shirley Chisholm, Betty Friedan and others, 5 Ms. Height founded the National Women's 6 Political Caucus in 1971; and 7 "WHEREAS, In 1994, President Bill 8 Clinton awarded Dorothy Height the 9 Presidential Medal of Freedom. In 2004, she 10 was presented with the Congressional Gold 11 Medal by President George W. Bush; and 12 "WHEREAS, Armed with a humanistic 13 spirit, imbued with a sense of compassion, and 14 comforted by a loving family, Dorothy Height 15 leaves behind a legacy which will long endure 16 the passage of time and will remain as a 17 comforting memory to all she served and 18 befriended; now, therefore, be it 19 "RESOLVED, That this Legislative 20 Body pause in its deliberations to remember 21 Dorothy Height as past president of the 22 National Council of Negro Women, a founder of 23 the National Women's Political Caucus, civil 24 rights grande dame, presidential advisor and 25 champion of the rights of women; and be it

Candyco Transcription Service, Inc. 1 further 2 "RESOLVED, That copies of this 3 resolution, suitably engrossed, be transmitted 4 to the National Council of Negro Women and to 5 Dorothy Irene Height's sister, Anthanette 6 Aldridge of New York City." 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Hassell-Thompson. 9 SENATOR HASSELL-THOMPSON: Thank 10 you, Madam President. I appreciate the 11 opportunity to speak on this resolution to 12 Dorothy Height, who for all 98 years of her 13 life was a leader. 14 Last September, at the Black 15 Congressional Caucus, during that weekend she 16 was celebrated by some of the top leaders 17 across this country for her many years of 18 service. 19 Besides the forty years that she 20 served as president of the National Council of 21 Negro Women, her years as founder and first 22 leadership in the political process for women 23 was outstanding. She believed that there was 24 nothing that women could not do. And through 25 her life's work, she demonstrated that fact.

Candyco Transcription Service, Inc. 1 But also, not only did she lead by example, 2 but she opened doors and continued to ensure 3 that whatever it was that women wanted to do, 4 they could do. 5 You've heard in this resolution how 6 she sat at the side of Dr. King during his 7 speech and was a part of the planning 8 committee that made that speech possible in 9 Washington, D.C. But also, I remember when 10 she was able to acquire a facility in 11 Washington, D.C., for the National Council of 12 Negro Women, making it one of the first 13 permanent residences for an organization, a 14 civic organization of its type. 15 Her leadership will go down in not 16 only the history of this chamber, but across 17 this country women will be remembering the 18 kind of stature that she represented. And she 19 had such an indomitable spirit, because at 20 age 97 she sat in her wheelchair as straight 21 as her body would allow. And her mind was 22 still -- even though her body was weak and 23 failed her, her mind continued to function and 24 her mind continued to be in the process of 25 what is the next step that we must do.

Candyco Transcription Service, Inc. 1 And so she carried a lot of us on 2 her shoulders. And I am so pleased that we 3 have paused today in this assemblage to give 4 honor to a woman who gave so much of her life 5 to others and to thank her for opening the 6 doors for women like me and others who choose 7 to dare. 8 Thank you, Madam President. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Thank you, Senator. 11 Senator Parker. 12 SENATOR PARKER: Thank you, Madam 13 President. On the resolution. 14 I really am just rising to add my 15 voice to those who are remembering the life 16 and legacy of Dorothy Irene Height. There's 17 really not, you know, enough time to really 18 eulogize her in the way that she really ought 19 to be. 20 Referred to oftentimes as the 21 "godmother of the civil rights movement," to 22 give 98 years of your life to other people is 23 really a remarkable thing. And particularly 24 with the National Council of Negro Women, 25 which was kind of the organization that she's

Candyco Transcription Service, Inc. 1 really most known for. And even though she 2 didn't found it, she really was the person who 3 steered it for the vast majority of its 4 existence. 5 I don't think many of us sitting in 6 this chamber right now have an understanding 7 of what it really meant, in the time that she 8 was fighting not just for the rights of people 9 of African descent but for women, to be doing 10 that kind of work. 11 We stand here and very 12 cavalierly -- and I look up at the 13 African-American woman who is the Temporary 14 President of the Senate, and knowing that that 15 work and your presence is made possible by the 16 work of people like Ms. Height. And at a time 17 when people were not really even talking about 18 women's rights as much, let alone, you know, 19 the rights of African-Americans. And for her 20 to bring black women to the fore the way that 21 she did really has been a testament for the 22 entire society. 23 Her work also, particularly with 24 Delta Sigma Theta Sorority, where she was the 25 president for a time -- also very critical,

Candyco Transcription Service, Inc. 1 because that was an organization that really 2 provided a training ground for future 3 generations of African-Americans, in 4 particular women. 5 And I say African-Americans in 6 general, because African women have always 7 been the backbone and the stabilizing force in 8 black families. And so, you know, they say 9 that, you know, an African proverb that the 10 hand that rocks the cradle rules the nation. 11 And in that way, her work with Delta Sigma 12 Theta and training those hands that were 13 rocking cradles was really critical for all of 14 us. 15 Her work was around anti-lynching, 16 around labor market discrimination, around 17 anti-racism, around anti-misogyny, 18 anti-sexism. And again, I stand here, as I 19 said last week, when we remembered the life of 20 Benjamin Hooks, that all you can do is 21 remember what they've done and rededicate your 22 life to the kind of work, continue to pass the 23 baton to the kind of work that they've done to 24 make my presence here possible. 25 That so much we don't recognize all

Candyco Transcription Service, Inc. 1 of the things that are going on in terms of 2 providing for our communities. And so when we 3 talk about here in the state a $136 billion 4 budget, and you talk about upwards of 5 $30 billion that is contracted out annually by 6 the State of New York, and when you look at 7 less than 2 percent of all of that money that 8 is contracted out -- everything from toilet 9 paper to lost construction projects in this 10 state -- less than 2 percent goes to 11 minorities and women, there's a lot of work 12 that still needs to be done. 13 And so that we remember Dorothy 14 Height not because of everything that she's 15 done, but all the things that we must do to 16 start to live up to her life and her legacy. 17 That when we look at how hard it is just to 18 get an African-American for the first time on 19 the Power Authority board, we know that 20 there's a lot of work to do. 21 But we know that even as people 22 make excuses for justifiable reasons why, you 23 know, we're holding up nominations, that we 24 understand why it's happening. Because 25 there's billions of dollars in the Power

Candyco Transcription Service, Inc. 1 Authority, and we operate off of a context in 2 which we think there's a fixed pie. But the 3 reality is there's more than enough, both in 4 America and in the State of New York -- even 5 in a recession -- for everyone. 6 And so everybody, as Dorothy Height 7 would say, should be a part of that table. 8 And I'm here to remember her legacy and to 9 make sure that we have a place setting for 10 everyone. 11 Thank you, Madam President. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Thank you, Senator Parker. 14 Senator Montgomery. 15 SENATOR MONTGOMERY: Yes, Madam 16 President. I just rise to, one, thank my 17 colleague Senator Hassell-Thompson for 18 introducing this resolution in honor of 19 Ms. Dorothy Height. 20 And I think we would be remiss not 21 to recognize the two great organizations of 22 women that have carried on her legacy, and 23 that is the National Council of Negro Women in 24 America and Delta Sigma Theta in America. And 25 I name those two organizations because it

Candyco Transcription Service, Inc. 1 means that Dorothy Height's spirit and what 2 she represented to people in America will 3 never die. 4 And just as recently as two 5 weekends ago, I celebrated, with the Brooklyn 6 Chapter of the National Council of Negro 7 Women, their celebration of Harambee. And it 8 is an annual, for the last 25 years an annual 9 event where they come together, put their 10 funding, their funds together and honor, 11 celebrate a group of young people and provide 12 scholarships to help them with their 13 education. This is the tradition that she has 14 left in Brooklyn and in cities across the 15 country. 16 And so on behalf of all of those 17 women and to all of those women, we join you 18 in celebrating the spirit and the life and 19 legacy of Dorothy Height. And certainly I'm a 20 member of the NCNW, the Brooklyn chapter, 21 proudly. I'm not a member of Delta Sigma 22 Theta, but I have friends who are. And I know 23 that these are women who also carry out what 24 Dorothy Height would want us to do, and that 25 is to be responsible for the ongoing success

Candyco Transcription Service, Inc. 1 and progress of young people, especially young 2 people of color, in America. 3 So I honor her, and I wish all of 4 us an opportunity to get to know more about 5 her and to also assume the responsibility that 6 she left for us. 7 Thank you, Madam President. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Thank you, Senator Montgomery. 10 Are there any other Senators 11 wishing to speak 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 STEWART-COUSINS: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT STEWART-COUSINS: 20 The resolution is adopted. 21 Senator Hassell-Thompson has 22 indicated that she would like to open up the 23 resolution to cosponsorship by the entire 24 house. Any Senator not wishing to be on the 25 resolution please notify the desk.

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Madam President, 3 I believe there's a resolution at the desk by 4 Senator Libous. I ask that the title of the 5 resolution be read and move for its immediate 6 adoption. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Klein, has this resolution been deemed 9 privileged and submitted by the office of the 10 Temporary President? 11 SENATOR KLEIN: Yes, it has, 12 Madam President. 13 ACTING PRESIDENT STEWART-COUSINS: 14 The Secretary will read. 15 THE SECRETARY: By Senator 16 Libous, legislative resolution commending 17 Frank Berrish upon the occasion of his 18 designation as recipient of the 2010 19 Baden-Powell Council Boy Scouts of America 20 Distinguished Citizen of the Year Award. 21 ACTING PRESIDENT STEWART-COUSINS: 22 The question is on the resolution. All those 23 in favor please signify by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT STEWART-COUSINS: 4 The resolution is adopted. 5 Senator Klein. 6 SENATOR KLEIN: Madam President, 7 I believe there's a resolution at the desk by 8 Senator Alesi. I ask that the title of the 9 resolution be read and move for its immediate 10 adoption. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Klein, has this resolution been deemed 13 privileged and submitted by the office of the 14 Temporary President? 15 SENATOR KLEIN: Yes, it has, 16 Madam President. 17 ACTING PRESIDENT STEWART-COUSINS: 18 The Secretary will read. 19 THE SECRETARY: By Senator Alesi, 20 legislative resolution commending Murph 21 Shapiro upon the occasion of his retirement 22 after 41 years of distinguished service as 23 Athletic Director, Head Coach and educator at 24 Monroe Community College. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 The question is on the resolution. All those 2 in favor please signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT STEWART-COUSINS: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT STEWART-COUSINS: 8 The resolution is adopted. 9 Senator Klein. 10 SENATOR KLEIN: Madam President, 11 at this time I move to adopt the Resolution 12 Calendar in its entirety, with the exception 13 of Senate Resolutions 4813, 4834, and 4906. 14 ACTING PRESIDENT STEWART-COUSINS: 15 All those in favor of adopting the Resolution 16 Calendar in its entirety, with the exception 17 of Senate Resolutions 4813, 4834, and 4906, 18 please signify by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT STEWART-COUSINS: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT STEWART-COUSINS: 24 The Resolution Calendar is adopted. 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Madam President, 2 at this time I move to take up Senate 3 Resolution Number 4813, by Senator Parker. I 4 ask that the resolution be read in its 5 entirety and move for its immediate adoption. 6 ACTING PRESIDENT STEWART-COUSINS: 7 The Secretary will read. 8 THE SECRETARY: By Senator 9 Parker, Legislative Resolution Number 4813, 10 memorializing Governor David A. Paterson to 11 proclaim May 2010 as Celiac Disease Awareness 12 Month in the State of New York. 13 "WHEREAS, It is the sense of this 14 Legislative Body to memorialize Governor David 15 A. Paterson to proclaim May 2010 as Celiac 16 Disease Awareness Month in the State of 17 New York; and 18 "WHEREAS, Celiac disease affects 19 approximately one in every 130 people in the 20 United States, for a total of 3 million 21 people, including nearly 130,000 in New York 22 State. The majority of people with celiac 23 disease have yet to be diagnosed; and 24 "WHEREAS, Celiac disease is an 25 inherited autoimmune disease in which the

Candyco Transcription Service, Inc. 1 lining of the small intestine is damaged from 2 eating gluten and other proteins found in 3 wheat, barley, rye and possibly oats. This 4 particular condition results in overall 5 malnutrition; and 6 "WHEREAS, Celiac disease is 7 co-morbid with many autoimmune disorders, 8 including thyroid disease, systemic lupus 9 erythematosus, Type 1 diabetes, liver disease, 10 collagen vascular disease, rheumatoid 11 arthritis, and Sjogren's syndrome; and 12 "WHEREAS, The exact cause of celiac 13 disease is unknown. The intestines contain 14 projections called villi which absorb 15 nutrients, and in undiagnosed or untreated 16 cases these villi become flattened, which 17 affects the ability to absorb nutrients 18 properly. The disease can develop at any 19 point in life, from infancy to late adulthood; 20 and 21 "WHEREAS, For treatment, a lifelong 22 gluten-free diet must be attained. Foods, 23 beverages, and medications that contain wheat, 24 barley, rye and possibly oats must be 25 eliminated in order for the intestinal villi

Candyco Transcription Service, Inc. 1 to heal; and 2 "WHEREAS, When untreated, celiac 3 disease can cause life-threatening 4 complications. Ninety-seven percent of cases 5 remain undiagnosed, and the average cost of an 6 undiagnosed case is between $5,000 and $12,000 7 per person. Based on these estimates, 8 undiagnosed celiac disease is conservatively 9 costing New York State residents more than 10 $725 million annually in unnecessary medical 11 bills; and 12 "WHEREAS, delaying diagnosis or not 13 following the diet puts one at risk for 14 related conditions such as autoimmune 15 disorders, certain types of intestinal cancer, 16 fractures, infertility, miscarriage and 17 osteoporosis; and 18 "WHEREAS, Through public awareness, 19 this Legislative Body seeks to minimize the 20 devastating affects of celiac disease among 21 all the citizens of the State of New York; 22 now, therefore, be it 23 "RESOLVED, That this Legislative 24 Body pause in its deliberations to memorialize 25 Governor David A. Paterson to proclaim

Candyco Transcription Service, Inc. 1 May 2010 as Celiac Disease Awareness Month in 2 the State of New York; and be it further 3 "RESOLVED, That copies of this 4 resolution, suitably engrossed, be transmitted 5 to the Honorable David A. Paterson, Governor 6 of the State of New York, the Greater New York 7 City Celiac Support Group, NYCeliac, the 8 New York Restaurant Association, the Celiac 9 Disease Center at Columbia University, Sherry 10 Lynn's Gluten Free Restaurant, Wheatfield's 11 Restaurant, and the Celiac Disease 12 Foundation." 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Parker. 15 SENATOR PARKER: Thank you, Madam 16 President. 17 This resolution shall declare 18 May 2010 as Celiac Disease Awareness Month in 19 the State of New York. And really what I'm 20 trying to do is seek to raise awareness around 21 the devastating effects of celiac's disease. 22 Celiac's disease is an autoimmune disease that 23 affects those genetically predisposed of all 24 ages, from infancy onward. In the United 25 States, one out of 130 people are affected by

Candyco Transcription Service, Inc. 1 this disease. 2 In New York State, there are nearly 3 130,000 diagnosed cases of celiac's disease, 4 yet many cases continue to go undiagnosed. 5 According to NYCeliac, for people with 6 celiac's disease, the immune system behaves 7 abnormally when gluten is eaten. Celiac's 8 disease will cause nutritional deficiencies 9 unless all gluten is eliminated from the diet 10 and the digestive process damage is restored. 11 The indigestion of gluten can cause 12 irreversible damage to the intestinal tract. 13 Ninety-seven percent of the cases continue, 14 again, to remain undiagnosed. 15 The average cost of the undiagnosed 16 case is between $5,000 and $12,000 per case. 17 So for the State of New York, celiac's disease 18 is conservatively costing us approximately 19 $725 million annually in medical expenses. So 20 there's really an economic impact, 21 particularly now, on us not being aware of the 22 disease. 23 I want to take a moment to read 24 from a New York Times article dated August 15, 25 2009, by Lesley Alderman. And it's called

Candyco Transcription Service, Inc. 1 "The Expense of Eating with Celiac Disease." 2 "You would think that after Kelly 3 Oram broke more than 10 bones and experienced 4 chronic stomach problems for most of his life, 5 someone might have wondered (a nurse? a 6 doctor?) if something fundamental was wrong 7 with his health. But it wasn't until Mr. Oram 8 was in his early 40s that a doctor who was 9 treating him for a neck injury became 10 suspicious and ordered tests, including a bone 11 scan. 12 "It turned out that Mr. Oram, a 13 music teacher who lives in White Plains, had 14 celiac disease, an undiagnosed immune disorder 15 set off by eating foods containing gluten, a 16 protein found in wheat, rye and barley. 17 "Celiac disease damages the lining 18 of the small intestine, making it difficult 19 for the body to absorb nutrients. Victims may 20 suffer from mild to serious malnutrition and a 21 host of health problems, including anemia, low 22 bone density and infertility. ... 23 "Seven years after receiving his 24 diagnosis, Mr. Oram, who is married and has 25 one daughter, is symptom-free, but the cost of

Candyco Transcription Service, Inc. 1 staying that way is high ... The treatment is 2 to avoid eating products containing gluten. 3 And gluten-free versions of products like 4 bread, pizza and crackers are nearly three 5 time as expensive as regular products, 6 according to a study conducted by the Celiac 7 Disease Center at Columbia University. 8 "Unfortunately for celiac patients, 9 the extra cost of a special diet is not 10 reimbursed by health care plans. Nor do most 11 policies pay for trips to a dieticians to 12 receive nutritional guidance. ... 13 "Some doctors blame drug makers, in 14 part, for the lack of awareness and the lack 15 of support. ... 'And since drug makers are 16 responsible for so much of the education that 17 doctors receive, the medical community is 18 largely unaware of the disease.'" 19 Managing the disease is a hassle, 20 but untreated celiac's disease can wreak havoc 21 with your health. A study published in the 22 July issue of the Journal of Gastroenterology 23 found that subjects who had undiagnosed celiac 24 disease were nearly four times as likely to 25 have died over a 45-year period than subjects

Candyco Transcription Service, Inc. 1 who were celiac-free. 2 So in conclusion, I really just 3 want to make the point to my colleagues that 4 we have an obligation to raise the public 5 awareness around celiac's disease. The 6 effects of this devastating diagnosis often go 7 undiagnosed, and we must work together to 8 ensure that sufficient attention is paid to 9 render support to those afflicted by this 10 condition. 11 We can work collectively to improve 12 the lives of those affected by celiac's 13 disease not just here in the State of New 14 York, but globally. And I want to suggest 15 that I'd like members of this body to become 16 cosponsors of two pieces of legislation I 17 have, one of which would require all of the 18 cafeterias that are part of the State of 19 New York to offer gluten-free menus, such 20 that, you know, members of our staffs and 21 people who work for the state who have 22 celiac's disease wouldn't continue to be 23 burdened. 24 The second would be a larger bill 25 that would provide information to medical

Candyco Transcription Service, Inc. 1 schools and others around celiac's disease to, 2 again, make sure that we're aware, and, more 3 importantly, to make sure that people aren't 4 going undiagnosed from this debilitating 5 disease. 6 Thank you very much. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Thank you, Senator Parker. 9 Senator Breslin. 10 SENATOR BRESLIN: Thank you, 11 Madam President. 12 I commend Senator Parker for 13 raising the awareness of celiac disease. 14 And I'd also like to just point out 15 that with us today in the gallery is Sherry 16 Lynn Birch, her husband, Howie, and their 17 three children, Jordan, Dallas, and Dylan, who 18 run Sherry Lynn's Gluten Free Bakery in 19 Latham, New York. 20 So they've gotten the message. 21 They're helping out in the fight against 22 celiac disease. And I hope many more realize 23 the importance of fighting celiac disease in 24 the future. 25 Thank you.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Thank you, Senator Breslin. 3 The question is on the adoption of 4 the resolution. All those in favor signify by 5 saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT STEWART-COUSINS: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT STEWART-COUSINS: 11 The resolution is adopted. 12 Senator Parker has indicated that 13 he would like to open the resolution up for 14 cosponsorship by the entire house. Any 15 Senator wishing not to be on the resolution 16 should please come to the desk. 17 Senator Klein. 18 SENATOR KLEIN: Madam President, 19 at this time can we take up Senate Resolution 20 Number 4834, by Senator Owen Johnson. I ask 21 that the resolution be read in its entirety 22 and move for its immediate adoption and allow 23 Senator Johnson to speak on his resolution. 24 ACTING PRESIDENT STEWART-COUSINS: 25 The Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: By Senator O. 2 Johnson, Legislative Resolution Number 4834, 3 commemorating the formation of the Cuban 4 Giants, the first professional black baseball 5 team, on April 18, 2010. 6 "WHEREAS, It is with noble 7 admiration and pride that this Legislative 8 Body joyfully pays just recognition to those 9 respected athletes whose bravery, skill and 10 quiescent dignity brought extraordinary 11 humanity to both the game of baseball and 12 society, contributing to the integration of 13 that sport; 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 commemorate the 18 formation of the Cuban Giants, the first 19 professional black baseball team in the 20 nation, which called Babylon Village, New 21 York, its home; and 22 "WHEREAS, On Sunday, April 18, 23 2010, the Babylon Village Historical and 24 Preservation Society is holding a ceremony to 25 recognize the Cuban Giants, one of the most

Candyco Transcription Service, Inc. 1 important and significant baseball teams in 2 history. A plaque will be placed in their 3 honor on the grounds where the team first 4 played at the Argyle Hotel in 1885; and 5 "WHEREAS, The Argyle Hotel once 6 stood at the northwest corner of Argyle Lake, 7 Babylon, and it was here that Frank P. 8 Thompson worked as headwaiter and realized the 9 interest local folks and resort-goers had in 10 baseball; and 11 "WHEREAS, Assisted with financial 12 backers, Frank P. Thompson recruited players 13 from amateur teams based on their talent and 14 ability and organized the first professional 15 black baseball team, the Cuban Giants; and 16 "WHEREAS, By the fall of 1885, the 17 club roster was filled, games were scheduled, 18 and, just as Frank P. Thompson hoped, the 19 Cuban Giants quickly established themselves by 20 winning almost all of their reported games, 21 mainly against either all-black or mixed-race 22 clubs; and 23 "WHEREAS, In the fall, the Cuban 24 Giants embarked on a road trip in the 25 Northeast, peppering their schedule with games

Candyco Transcription Service, Inc. 1 against white major leaguers when they took on 2 the New York Metropolitans and the 3 Philadelphia Athletics of the American 4 Association. They lost both games in close 5 battles, and the American Association was 6 considered a stronger league than the newly 7 formed National League; and 8 "WHEREAS, Undeterred, the Cuban 9 Giants ended their tour victorious over the 10 white Bridgeport club, a team that would win 11 the Eastern League Championship that year. 12 That winter they headed south to a warmer 13 climate, playing baseball along the way; and 14 "WHEREAS, In 1886, Frank P. 15 Thompson sold the team to Walter I. Cook, a 16 successful businessman. Under his esteemed 17 leadership, the team enjoyed great achievement 18 not only on the field but also off the field 19 with an owner who elevated the dignity of the 20 black athlete with not only decent salaries 21 but benefits for those who suffered an illness 22 or injury, something that was unheard of at 23 that time; and 24 "WHEREAS, In 1887, the team was 25 purchased by J.M. Bright, and it joined the

Candyco Transcription Service, Inc. 1 Middle States League in 1889. Six years 2 later, the Cuban Giants were purchased by E.B. 3 Lamar, Jr., who renamed them the Cuban-X 4 Giants. For the next decade, they were one of 5 the top black baseball teams in the country; 6 and 7 "WHEREAS, It is the sense of this 8 Legislative Body to commend those events and 9 individuals of historical significance who 10 have contributed to the richness and ethnic 11 diversity of the history of New York State and 12 our nation; now, therefore, be it 13 "RESOLVED, That this Legislative 14 Body pause in its deliberations to commemorate 15 the formation of the Cuban Giants, the first 16 professional black baseball team; and be it 17 further 18 "RESOLVED, That a copy of this 19 resolution, suitably engrossed, be transmitted 20 to the Babylon Village Historical and 21 Preservation Society." 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator Johnson. 24 SENATOR OWEN JOHNSON: Thank you, 25 Madam President.

Candyco Transcription Service, Inc. 1 In 1997, I introduced a resolution 2 referring to Jackie Robinson as being the 3 first black baseball player in the major 4 leagues. And I thought that was the beginning 5 of the black baseball players, until the 6 Babylon Village Historical Society dug up some 7 references from 125 years ago where we had a 8 black, all-black baseball team in the town of 9 Babylon, in the village of Babylon. 10 In those years, Babylon was a 11 resort for rich city people, and there were 12 large hotels along the lakefront of Argyle 13 Lake. And many of the people working there 14 used to go play ball in the local fields. And 15 some entrepreneur said, "Hey, these guys are 16 good. You know, we put them together, we'll 17 have a team." 18 They weren't Cuban, but the first 19 game they played was in Cuba, so they referred 20 to them as the Cuban Giants. They were all 21 black Americans. And they went all around the 22 country playing ball and kicking a lot of butt 23 along the way and making a great record for 24 themselves. 25 Well, I just thought it was

Candyco Transcription Service, Inc. 1 appropriate, since the Village of Babylon 2 Historical Society decided to put a monument 3 up for them about 10 days ago, on the site of 4 the original hotel where they played, and we 5 had a big ceremony in the village 6 commemorating that occasion, I thought I'd 7 like to let the rest of the people in the 8 State of New York know about it. 9 So I'm very proud and happy to 10 introduce this resolution. 11 Thank you. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Thank you, Senator Johnson. 14 Are there any other Senators that 15 wish to be heard on the resolution? 16 The question is on the resolution. 17 All those in favor please signify by saying 18 aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT STEWART-COUSINS: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT STEWART-COUSINS: 24 The resolution is adopted. 25 Senator Johnson has indicated that

Candyco Transcription Service, Inc. 1 he would like to open the resolution up for 2 cosponsorship by the entire house. Any 3 Senator wishing to not be on the resolution 4 please notify the desk. 5 Senator Klein. 6 SENATOR KLEIN: Madam President, 7 we're going to continue with the Resolution 8 Calendar while the Minority conferences. 9 Can you please recognize Senator 10 Libous. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Libous. 13 SENATOR LIBOUS: Thank you, Madam 14 President. 15 There will be an immediate 16 Republican conference, an immediate Republican 17 conference. 18 ACTING PRESIDENT STEWART-COUSINS: 19 There will be an immediate Republican 20 conference. 21 SENATOR LIBOUS: Thank you. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator Klein. 24 SENATOR KLEIN: Madam President, 25 at this time I move to take up Senate

Candyco Transcription Service, Inc. 1 Resolution 4906, by Senator Nozzolio. I ask 2 that the title of the resolution be read and 3 move for its immediate adoption. 4 ACTING PRESIDENT STEWART-COUSINS: 5 The Secretary will read. 6 THE SECRETARY: By Senator 7 Nozzolio, Legislative Resolution Number 4906, 8 honoring former United States Congressman and 9 New York State Assemblyman Gary A. Lee upon 10 the occasion of his designation as recipient 11 of the prestigious Soaring Eagle Award on 12 May 11, 2010. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Are there any Senators that wish to be heard 15 on the resolution? 16 The question is on the resolution. 17 All those in favor please signify by saying 18 aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT STEWART-COUSINS: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT STEWART-COUSINS: 24 The resolution is adopted. 25 Senator Nozzolio has indicated that

Candyco Transcription Service, Inc. 1 he would like to open the resolution up for 2 cosponsorship by the entire house. Any 3 Senator wishing to not be on the resolution 4 please notify the desk. 5 Senator Klein. 6 SENATOR KLEIN: Madam President, 7 at this time I move to recall Senate 8 Resolution Number 4680, by Senator Valesky, 9 which was unanimously adopted by this house on 10 April 20th. I ask that the resolution be read 11 in its entirety and allow Senator Valesky to 12 the opportunity to speak on his resolution. 13 ACTING PRESIDENT STEWART-COUSINS: 14 The Secretary will read. 15 THE SECRETARY: By Senator 16 Valesky, Legislative Resolution 4680, mourning 17 the death of IBEW Local 43 Business Manager 18 William C. Towsley of Syracuse, New York. 19 "WHEREAS, It is the custom this 20 Legislative Body to pay tribute to citizens of 21 the State of New York who distinguished 22 themselves in service to the cause of working 23 men and women; and 24 "WHEREAS, International Brotherhood 25 of Electrical Workers Local 43 Business

Candyco Transcription Service, Inc. 1 Manager William C. 'Bill' Towsley of Syracuse, 2 who died on Wednesday, March 10, 2010, at age 3 66, was such a man; and 4 "WHEREAS, William C. Towsley was 5 born in Syracuse, the son of Kenneth and Mary 6 Towsley. He was a graduate of Most Holy 7 Rosary School and served in the U.S. Navy from 8 1964 to 1968; and 9 "WHEREAS, The son of a pipefitter 10 who worked on the Geddes Reservoir, William C. 11 Towsley came to the labor movement naturally. 12 He was an electrician and a member of the IBEW 13 for 41 years; and 14 "WHEREAS, He had also served many 15 years as president of the Central and Northern 16 New York Building and Construction Trades 17 Council, which currently represents 16,000 18 workers and retirees; and 19 "WHEREAS, A passionate Central 20 New York labor leader, William C. Towsley was 21 a man of vision who had a genuine concern for 22 workers and the Central New York community. 23 He fought for minimum wage increases, for 24 low-income housing stock in the area, and for 25 many other things which might not directly

Candyco Transcription Service, Inc. 1 affect his membership but which he knew were 2 good for the community; and 3 "WHEREAS, Known and admired as a 4 man of integrity and dignity, William C. 5 Towsley understood the needs of employers as 6 well and worked effectively with business 7 owners and leaders, earning their respect as 8 well as that of his union members; and 9 "WHEREAS, William C. Towsley, in 10 addition, worked tirelessly, generously 11 sharing his time and vast expertise and 12 experience on behalf of numerous community and 13 charitable organizations. He was a valued 14 member of several boards, including those of 15 the Hospice Foundation of Central New York, 16 the Onondaga County Industrial Development 17 Agency, the Central New York Building Trades 18 Association, Onondaga Community College, and 19 the Community General Hospital Foundation; and 20 "WHEREAS, William C. Towsley was 21 predeceased by his wife, Noreen (Mullen) 22 Towsley, and his two brothers, John and Thomas 23 Towsley. He is survived by his sons, Kenneth 24 (Jennifer) and William of Syracuse; his 25 daughters, Tracy (Nathaniel) Walker of

Candyco Transcription Service, Inc. 1 Syracuse and Jennifer (Jeremy) Mettler of 2 Rochester; his grandchildren, Donovan, Colin, 3 Patrick, Bella, and Andrew; several nieces and 4 nephews, and a legion of friends; and 5 "WHEREAS, William C. Towsley 6 contributed greatly to the cause of working 7 men and women in Syracuse, Central New York, 8 and throughout New York State, and leaves an 9 inspiring legacy for others to follow; now, 10 therefore, be it 11 "RESOLVED, That this Legislative 12 Body pause in its deliberations to celebrate 13 the life and accomplishments of William C. 14 Towsley, recognizing his distinguished service 15 to his profession and his community and 16 expressing its deepest condolences to his 17 family; and be it further 18 "RESOLVED, That copies of this 19 resolution, suitably engrossed, be transmitted 20 to the family of William C. Towsley." 21 ACTING PRESIDENT STEWART-COUSINS: 22 Senator Valesky. 23 SENATOR VALESKY: Thank you, 24 Madam President. 25 Madam President, each of us in our

Candyco Transcription Service, Inc. 1 lives and duties as elected officials have an 2 opportunity to work very closely with many 3 members of our communities and our district. 4 And as part of that experience, we have the 5 opportunity to work sometimes with some 6 extraordinary men and women who really go 7 above and beyond the call of duty, who truly 8 make a difference in the lives of so many 9 individuals. 10 I have had the chance over the last 11 several years to work with one such 12 individual. Bill Towsley, who Syracuse and 13 Central New York lost on March 10, 2010, was 14 truly an extraordinary individual. 15 We are joined today in the gallery 16 by four of his children -- his daughters, 17 Tracy and Jennifer, his sons, Ken and Bill -- 18 and also by many members and friends of the 19 International Brotherhood of Electrical 20 Workers. And each and every one of them know 21 in their own personal way what a special 22 person Bill Towsley was. 23 You heard in the resolution that 24 was read that Bill dedicated some 41 years of 25 his professional career to advancing the

Candyco Transcription Service, Inc. 1 causes and concerns and issues important to 2 working men and women in Central New York, 3 where he served as the business manager and 4 later the president of the Central and 5 Northern New York Building and Construction 6 Trades Council. 7 We also heard of his selfless and 8 tireless service on so many boards that did so 9 much in Syracuse and Central New York, from 10 the Hospice Foundation to the Onondaga County 11 Industrial Development Agency to Onondaga 12 Community College to the Community General 13 Hospital Foundation. And he gave of his 14 himself and of his time and of his talents in 15 so many other ways and through so many other 16 organizations. 17 He was always one who stood for 18 what he believed, stood up for what he 19 believed in, and fought each and every day for 20 the values that he held so dear and for which 21 he taught you, I'm sure. 22 Sometimes we also learn an awful 23 lot about a person in how they handle various 24 struggles in their life. And there are those 25 who are called upon to go through a great

Candyco Transcription Service, Inc. 1 degree of struggle in their end of life. Bill 2 was asked to do that. And Bill, each and 3 every time I had the opportunity to see him or 4 speak with him, showed the courage with which 5 he carried himself through a very, very 6 difficult period in his life. 7 I can remember one of the last 8 times I saw him, in his office, he was telling 9 me how he was in his office at 5:30 in the 10 morning that morning, despite all of the 11 treatments and everything else that he was 12 enduring. 13 He was always someone who kept an 14 incredible spirit about him through those 15 challenges that he was asked to bear. And we, 16 each and every one of us, are a better person 17 for having known and having worked with Bill 18 Towsley. 19 Last week this Senate unanimously 20 approved a resolution on behalf of the 21 19.5 million New Yorkers that we represent, 22 the 62 Senators here represent, expressing our 23 sincere condolences on the loss of an 24 extraordinary individual. And today, please 25 allow me to extend my personal condolences to

Candyco Transcription Service, Inc. 1 each and every one of you -- his sons, his 2 daughters, his friends, his colleagues -- and 3 know that your dad's life was one that touched 4 so many individuals. 5 Thank you, Madam President. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Thank you, Senator. 8 Senator DeFrancisco. 9 SENATOR DeFRANCISCO: First, I 10 want to thank Senator Valesky for bringing to 11 the floor this resolution last week. 12 I've known Bill for many, many 13 years, through my political career. And Dave 14 Valesky is right; you meet few people that 15 really are genuine people, people who are 16 dedicated to a cause, dedicated to his or her 17 family, and do what's right throughout their 18 life. 19 In the resolution, it was mentioned 20 that Bill was a person of integrity and 21 dignity. And that truly, truly sums up the 22 type of man Bill was. 23 Another trademark that I 24 particularly liked about Bill is that he said 25 it like it was. You rarely left a discussion

Candyco Transcription Service, Inc. 1 with Bill by wondering where he stood on an 2 issue. 3 Sometimes we went head to head. I 4 remember one time there was this major 5 construction project that was started about 6 eight or nine years ago -- it's still going 7 on -- that he chided me about my opposition 8 and my concerns about that project. 9 Over the many years, we got closer 10 on that issue. And we, at the end of that 11 issue -- well, it's never-ending -- but we saw 12 eye to eye. Always a person with an open 13 mind, tell it like it is. 14 And, you know, I want to tell 15 especially his children -- and I know his 16 brothers in labor are here -- that the highest 17 compliment I can give to a person is that he 18 was a good man. And that is truly the case 19 with Bill Towsley. And I was very honored to 20 be able to work with him during the many years 21 that he served the public. 22 And I extend my condolences as 23 well. He was a great man. And I'm sure each 24 of you are going to follow in his footprints 25 with those same qualities that he gave

Candyco Transcription Service, Inc. 1 throughout his life. 2 Thank you. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Thank you, Senator. 5 Are there any other Senators who 6 wish to be heard on this resolution? 7 The resolution was previously 8 adopted, but we certainly extend our heartfelt 9 condolences to this very, very great man and 10 his family. 11 Thank you. Could we rise for a 12 moment -- we will rise for a moment of silence 13 in memory of Mr. William Towsley. 14 (Whereupon, the assemblage 15 respected a moment of silence.) 16 ACTING PRESIDENT STEWART-COUSINS: 17 Thank you. 18 Senator Klein. 19 SENATOR KLEIN: Madam President, 20 while we await the return of the Minority, can 21 we please stand at ease. But please, only 22 10 minutes, so everyone stay near the chamber. 23 ACTING PRESIDENT STEWART-COUSINS: 24 The Senate will stand at ease for 10 minutes. 25 (Whereupon, the Senate stood at

Candyco Transcription Service, Inc. 1 ease at 5:18 p.m.) 2 (Whereupon, the Senate reconvened 3 at 5:30 p.m.) 4 ACTING PRESIDENT STEWART-COUSINS: 5 Senator Klein. 6 SENATOR KLEIN: Madam President, 7 at this time can we please go to a reading of 8 the calendar. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Thank you, Senator Klein. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 78, by Assemblymember Glick, Assembly Bill 14 Number 2565, an act to amend the Social 15 Services Law. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Call the roll. 22 SENATOR PADAVAN: Madam 23 President, what calendar number is this? 24 ACTING PRESIDENT STEWART-COUSINS: 25 This is Calendar Number 78.

Candyco Transcription Service, Inc. 1 Call the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT STEWART-COUSINS: 4 Announce the results. 5 THE SECRETARY: Those recorded in 6 the negative are Senators DeFrancisco, 7 Flanagan, Golden, Griffo, Larkin, Leibell, 8 Libous, Little, Nozzolio, Padavan, 9 Ranzenhofer, Seward, Skelos, Volker, Young. 10 Also Senator Hannon. Also Senator Saland. 11 Also Senator Winner. Also Senator Bonacic. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Announce the results. 14 THE SECRETARY: Ayes, 42. Nays, 15 19. 16 ACTING PRESIDENT STEWART-COUSINS: 17 The bill is passed. 18 (Applause from the gallery.) 19 ACTING PRESIDENT STEWART-COUSINS: 20 The Secretary will continue to read. 21 THE SECRETARY: Calendar Number 22 173, by Senator Squadron, Senate Print 5992, 23 an act to amend the Administrative Code of the 24 City of New York. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 120th day after 4 it shall have become law. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Call the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT STEWART-COUSINS: 9 Announce the results. 10 THE SECRETARY: Those recorded in 11 the negative are Senators DeFrancisco, Farley, 12 Flanagan, Golden, Griffo, Hannon, Lanza, 13 Larkin, LaValle, Little, Maziarz, Nozzolio, 14 Ranzenhofer, Seward, Skelos, Winner and Young. 15 Also Senator Bonacic. Also Senator Libous. 16 Also Senator Saland. Also Senator Leibell. 17 Also Senator O. Johnson. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Announce the results. 20 THE SECRETARY: Ayes, 39. Nays, 21 22. 22 ACTING PRESIDENT STEWART-COUSINS: 23 The bill is passed. 24 The Secretary will continue to 25 read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 308, by Senator Thompson, Senate Print 3782A, 3 an act to amend the Environmental Conservation 4 Law. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Read the last section. 7 THE SECRETARY: Section 5. This 8 act shall take effect immediately. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Call the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT STEWART-COUSINS: 13 Announce the results. 14 THE SECRETARY: Those recorded in 15 the negative: Senator Lanza. 16 Ayes, 60. Nays, 1. 17 ACTING PRESIDENT STEWART-COUSINS: 18 The bill is passed. 19 The Secretary will continue to 20 read. 21 THE SECRETARY: Calendar Number 22 333, by Member of the Assembly Peralta, 23 Assembly Bill Number 8613, an act to amend the 24 Correction Law. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Call the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT STEWART-COUSINS: 8 Announce the results. 9 THE SECRETARY: To be recorded in 10 the negative: Senator DeFrancisco. 11 Ayes, 60. Nays, 1. 12 ACTING PRESIDENT STEWART-COUSINS: 13 The bill is passed. 14 The Secretary will continue to 15 read. 16 THE SECRETARY: Calendar Number 17 359, by Senator C. Johnson, Senate Print 18 6231C, an act to amend the Alcoholic Beverage 19 Control Law. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Read the last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect on the 60th day after it 24 shall have become a law. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Call the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT STEWART-COUSINS: 4 Senator Johnson, to explain his vote. 5 SENATOR CRAIG JOHNSON: Thank you 6 very much, Madam President. To explain my 7 vote, very quickly. 8 This bill will finally create a 9 temporary retail permit when it comes to 10 liquor licenses. It really will help promote 11 economic growth in New York State. For far 12 too long, the SLA has been dealing with a 13 backlog. And while there has been 14 improvement, at the same time it just takes 15 way too long for a lot of entrepreneurs who 16 are looking to start a restaurant or a bar or 17 any type of industry where liquor is involved, 18 to get the necessary permit. 19 This will create a temporary permit 20 that will allow them to get into business 21 while working on the long-term licensing 22 process. 23 First I want to thank the co-prime 24 sponsors of this bill, Senator Betty Little 25 and Senator Dave Valesky, the three of us

Candyco Transcription Service, Inc. 1 working together in a bipartisan way to make 2 sure that this bill gets passed. 3 Senator Little has been working on 4 this issue for a long time, and I thank you, 5 Senator Little, for your guidance in this 6 effort. 7 It's a good piece of legislation. 8 It will really help small businesses all 9 across New York State. I'll be voting yes. 10 Thank you very much, Madam 11 President. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Thank you. 14 Senator Little. 15 SENATOR LITTLE: Thank you, Madam 16 President. 17 And thank you, Senator Johnson, 18 although I do have to say that I still think 19 it would have been better as a Little-Johnson, 20 but it's Johnson-Little, so -- and 21 Johnson-Little-Valesky. 22 And this is something that I've 23 worked on for a long time. And this actual 24 bill, its genesis was a meeting that we had 25 the new commissioner, the new chairman of the

Candyco Transcription Service, Inc. 1 State Alcohol Board, Dennis Rosen, who has 2 made a substantial difference in the licensing 3 process that takes place. 4 We all know how important small 5 business is to us, to our areas, to New York 6 State. And these restaurants and bars, 7 taverns, facilities, delis, whatever, they are 8 small business. And by giving them this 9 opportunity to apply for a temporary license 10 while their license is under review is going 11 to be very important and allows them to get 12 into business a lot faster than they had been. 13 Although Chairman Rosen has done a 14 great job in reducing the backlog, this will 15 make it part of the State Liquor Authority law 16 so that we will never have that kind of a 17 backlog, we will always be able to help these 18 small businesses get in operation much, much 19 faster than they were able to in the past. 20 So thank you for your efforts on 21 this, and thank you to everyone for your 22 support of this bill. 23 And this bill does not affect 24 New York City. It's outside of New York City. 25 Thank you.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Senator Robach. 3 SENATOR ROBACH: Yes, very 4 quickly to explain my vote. 5 I would applaud everyone that 6 worked on this historically. 7 The amount of frustration that I've 8 had working on behalf constituents with the 9 Liquor Authority has been monumental. It's 10 the only place I know left in New York where 11 you're guilty till proven innocent. I've had 12 people waiting up to a year to get a liquor 13 license, and the reason was because they 14 didn't have any experience in the field. 15 To me, being able to get a 16 temporary license -- or I would even go one 17 step further and say, let's give them a 18 license unless they have three violations or 19 anything major and take it away -- makes all 20 the sense in the world. And this will impact 21 in a positive way economic development. It is 22 very much needed. 23 Oftentimes in my city, Rochester, 24 people buy the property because they have to, 25 for timing, or take the business from another

Candyco Transcription Service, Inc. 1 individual and then have to wait for the 2 Liquor Authority. So you can imagine if you 3 are paying rent on a building for upwards of 4 seven, eight months with no income coming in. 5 Pretty devastating. 6 So this is a good thing. It will 7 help businesses. And we should keep going in 8 that regard. Happy to vote yes. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Farley. 11 SENATOR FARLEY: Yeah, I rise to 12 support this bill. 13 I thank Senator Little, Senator 14 Johnson for bringing this forward, 15 particularly those of us that have an area 16 that is in a resort area that has a short 17 window. 18 These people buy an establishment, 19 desperately hoping for a license. They've 20 invested all of their money. They can't do 21 any business. And it really makes it possible 22 for them to be able to survive. 23 And again, it's so very, very 24 important. And I know that I've had scores of 25 occasions since I've been a Senator where

Candyco Transcription Service, Inc. 1 people have been frustrated by not being able 2 to get a temporary license. This is a good 3 piece of legislation. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Are there any other Senators wishing to 6 explain their vote? 7 Announce the results. 8 THE SECRETARY: To be recorded in 9 the negative: Senators Diaz, Duane, and 10 Padavan. 11 Ayes, 58. Nays, 3. 12 ACTING PRESIDENT STEWART-COUSINS: 13 The bill is passed. 14 The Secretary will continue to 15 read. 16 THE SECRETARY: Calendar Number 17 363, by Senator C. Johnson, Senate Print 7314, 18 an act to amend the Alcoholic Beverage Control 19 Law. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT STEWART-COUSINS: 3 Announce the results. 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT STEWART-COUSINS: 6 The bill is passed. 7 The Secretary will continue to 8 read. 9 THE SECRETARY: Calendar Number 10 385, by Senator Savino, Senate Print 7075, an 11 act to amend the Civil Service Law. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT STEWART-COUSINS: 20 Announce the results. 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT STEWART-COUSINS: 23 The bill is passed. 24 The Secretary will continue to 25 read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 394, substituted earlier -- 3 SENATOR KLEIN: Lay the bill 4 aside for the day. 5 ACTING PRESIDENT STEWART-COUSINS: 6 The bill is laid aside for the day. 7 Senator Klein, that completes the 8 reading of the noncontroversial calendar. 9 Senator Klein. 10 SENATOR KLEIN: Madam President, 11 can you please recognize Senator Ruth 12 Hassell-Thompson for a brief announcement. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Hassell-Thompson. 15 SENATOR HASSELL-THOMPSON: Thank 16 you, Madam President. 17 Immediately following session there 18 will be a meeting of the Senate Majority in 19 Room 332. 20 ACTING PRESIDENT STEWART-COUSINS: 21 There will an immediate meeting of the Senate 22 Majority in Room 332 following session. 23 Senator Klein. 24 SENATOR KLEIN: Madam President, 25 I would like to remind my colleagues that

Candyco Transcription Service, Inc. 1 tomorrow is our annual celebration of West 2 Point Day, and that in order to accommodate a 3 very full and tight schedule, we'll begin 4 tomorrow's session promptly at 11:00 a.m. 5 Thank you. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Tomorrow is West Point Day, and we will be 8 proceeding promptly at 11:00 a.m. 9 Senator Klein. 10 SENATOR KLEIN: Madam President, 11 is there any further business at the desk? 12 ACTING PRESIDENT STEWART-COUSINS: 13 Senator Klein, the desk is clear. 14 SENATOR KLEIN: There being no 15 further business, Madam President, I move that 16 we adjourn until Wednesday, April 28th, at 17 11:00 a.m. 18 ACTING PRESIDENT STEWART-COUSINS: 19 On motion, the Senate stands adjourned until 20 Wednesday, April 28th, at 11:00 a.m. 21 (Whereupon, at 5:47 p.m., the 22 Senate adjourned.) 23 24 25

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