Tuesday, May 18, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 18, 2010 11 12:32 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR DAVID J. VALESKY, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT VALESKY: The 3 Senate will please come to order. 4 I ask everyone present to please 5 rise and recite with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT VALESKY: The 10 invocation this afternoon will be provided by 11 Imam Abdul-Rahman Yaki, of the Islamic Center 12 of the Capital District, in Schenectady. 13 IMAM YAKI: [In Arabic] In the 14 name of Allah, the beneficent and the 15 merciful. God, You are the merciful. Have 16 mercy on us, for Your mercy is perfect. 17 Forgive us, O Lord, for Your forgiveness 18 brings abundance and protection to all. 19 Protect us with Your perfect protection that 20 leaves none unprotected, and guide us with 21 Your guidance that leaves none unguided. 22 I ask that You bestow upon our 23 leaders the understanding to choose that which 24 is right, the fortitude to abstain from that 25 which is wrong, and the wisdom and guidance to

Candyco Transcription Service, Inc. 1 lead us each to a prosperous future. 2 There may be times when the going 3 gets tough, when perhaps emotions run high. 4 Lord, bless them with the tools of 5 righteousness, unite them with the tools of 6 collectivity to see not only the interests of 7 their individual constituents and communities 8 but, most importantly, the wisdom to govern 9 our state and our nation collectively. 10 Ours is a nation of diversity. We 11 are indeed a microcosm of all the cultures of 12 the world. Lord, guide our leaders day and 13 night, through sickness and health, happiness 14 and sadness, so that they may not only 15 understand the problems facing our nation but, 16 most importantly, give a perfect solution for 17 the betterment of saving humanity. 18 The Koran emphasizes saving a human 19 life is as saving the entire humanity. Allah 20 says, in the Koran [in Arabic]. O Lord, grant 21 us the good in this world as well as good in 22 the hereafter, and protect us from the torment 23 of the fire. 24 I conclude this prayer with the 25 supplication of Abraham. He says, "Lord, You

Candyco Transcription Service, Inc. 1 have knowledge of all that we conceal and all 2 that we reveal. Nothing on the earth or in 3 the heaven is hidden from You, God." 4 Lord, accept this prayer from us, 5 for You are all-hearing, all-knowing. 6 O Allah, bless our state, bless our people, 7 and bless our nation. 8 Amen. 9 ACTING PRESIDENT VALESKY: 10 Reading of the Journal. 11 The Secretary will read. 12 THE SECRETARY: In Senate, 13 Monday, May 17, the Senate met pursuant to 14 adjournment. The Journal of Sunday, May 16, 15 was read and approved. On motion, Senate 16 adjourned. 17 ACTING PRESIDENT VALESKY: 18 Without objection, the Journal stands approved 19 as read. 20 Presentation of petitions. 21 Messages from the Assembly. 22 Messages from the Governor. 23 Reports of standing committees. 24 Reports of select committees. 25 Communications and reports from

Candyco Transcription Service, Inc. 1 state officers. 2 Motions and resolutions. 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, I 5 believe there are substitutions at the desk. 6 I ask that we make the substitutions at this 7 time. 8 ACTING PRESIDENT VALESKY: The 9 Secretary will proceed with the substitutions. 10 THE SECRETARY: On page 12, 11 Senator Addabbo moves to discharge, from the 12 Committee on Elections, Assembly Bill Number 13 5707 and substitute it for the identical 14 Senate Bill Number 5029, Third Reading 15 Calendar 211. 16 On page 22, Senator C. Johnson 17 moves to discharge, from the Committee on 18 Consumer Protection, Assembly Bill Number 629 19 and substitute it for the identical Senate 20 Bill Number 2752, Third Reading Calendar 440. 21 On page 23, Senator C. Johnson 22 moves to discharge, from the Committee on 23 Investigations and Government Operations, 24 Assembly Bill Number 10771 and substitute it 25 for the identical Senate Bill Number 7329,

Candyco Transcription Service, Inc. 1 Third Reading Calendar 452. 2 On page 27, Senator Aubertine moves 3 to discharge, from the Committee on 4 Agriculture, Assembly Bill Number 10556 and 5 substitute it for the identical Senate Bill 6 Number 7100, Third Reading Calendar 516. 7 On page 28, Senator Addabbo moves 8 to discharge, from the Committee on Elections, 9 Assembly Bill Number 8540 and substitute it 10 for the identical Senate Bill Number 7610, 11 Third Reading Calendar 529. 12 On page 29, Senator L. Krueger 13 moves to discharge, from the Committee on 14 Elections, Assembly Bill Number 8525 and 15 substitute it for the identical Senate Bill 16 Number 7742, Third Reading Calendar 530. 17 On page 29, Senator Squadron moves 18 to discharge, from the Committee on Consumer 19 Protection, Assembly Bill Number 1730C and 20 substitute it for the identical Senate Bill 21 Number 4313B, Third Reading Calendar 532. 22 And on page 30, Senator Aubertine 23 moves to discharge, from the Committee on 24 Energy and Telecommunications, Assembly Bill 25 Number 10551 and substitute it for the

Candyco Transcription Service, Inc. 1 identical Senate Bill Number 7279, Third 2 Reading Calendar 541. 3 ACTING PRESIDENT VALESKY: 4 Substitutions ordered. 5 Senator Klein. 6 SENATOR KLEIN: Mr. President, 7 there will be an immediate meeting of the 8 Finance Committee in the Majority Conference 9 Room. 10 Pending the return of the Finance 11 Committee, can we please stand at ease. 12 ACTING PRESIDENT VALESKY: There 13 is an immediate meeting of the Senate Finance 14 Committee in Room 332 of the Capitol. 15 The Senate will stand at ease 16 pending the return of the Finance Committee. 17 (Whereupon, the Senate stood at 18 ease at 12:38 p.m.) 19 (Whereupon, the Senate reconvened 20 at 12:57 p.m.) 21 ACTING PRESIDENT VALESKY: 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, 24 can you please recognize Senator Foley for a 25 brief announcement.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: 2 Senator Foley. 3 SENATOR FOLEY: Thank you, 4 Mr. President. 5 As is the custom and tradition of 6 the Senate, we welcome those who come from 7 different parts of the state to watch our 8 proceedings here from the gallery. 9 And with that in mind, I'd like to 10 welcome to the New York State Senate the 11 Patchogue-Medford Robotics Team, who's 12 traveled all the way from Long Island to be 13 part of today's proceedings. 14 And the robotics team in that 15 particular school district has done great work 16 over the past number of years. It's also been 17 a way to fire up the imagination and 18 inspiration of students to get involved in the 19 fields of computer science, engineering and 20 mathematics. 21 So we want to welcome the 22 Patchogue-Medford Robotics Team here with us 23 today. 24 ACTING PRESIDENT VALESKY: Thank 25 you, Senator Foley.

Candyco Transcription Service, Inc. 1 On behalf of Senator Foley and all 2 the members, welcome to our young men and 3 women who are visiting us today from Long 4 Island. Best wishes in your future endeavors. 5 (Applause.) 6 ACTING PRESIDENT VALESKY: 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, if 9 we could return to the order of reports of 10 standing committees, I believe there's a 11 report of the Judiciary Committee at the desk. 12 I ask that it be read at this time. 13 ACTING PRESIDENT VALESKY: 14 Returning to the order of reports of standing 15 committees, there is a report of the Judiciary 16 Committee at the desk. 17 The Secretary will read. 18 THE SECRETARY: Senator Sampson, 19 from the Committee on Judiciary, reports the 20 following nomination. 21 As a judge of the Court of Claims, 22 Wayne Ozzi, of Staten Island. 23 ACTING PRESIDENT VALESKY: 24 Senator Klein. 25 SENATOR KLEIN: Mr. President, on

Candyco Transcription Service, Inc. 1 behalf of Senator Sampson, could you please 2 move the nomination. 3 ACTING PRESIDENT VALESKY: Are 4 there any other Senators who wish to be heard? 5 Senator Savino, on the nomination. 6 SENATOR SAVINO: Thank you, 7 Mr. President. 8 I'm very proud and happy to stand 9 here and second the nomination of Wayne Ozzi 10 as a Court of Claims judge for the State of 11 New York. 12 Wayne Ozzi is not just an asset to 13 Staten Island, he's an asset to all of 14 New York. He appeared before us earlier 15 today, and he touched on a few of the things 16 that he does. And in fact, I was reminded of 17 just how much Wayne Ozzi does for the people 18 of Staten Island and for the bar that he 19 serves. 20 He is the current temporary 21 president of the Richmond County Bar 22 Association. And you can see from his resume 23 that he has a long history in public service 24 dating back to the 1970s, including being with 25 Legal Services for New York.

Candyco Transcription Service, Inc. 1 But he has not just been an asset 2 to Judge Bob Gigante, who he serves as the law 3 clerk in Staten Island. Also, in his capacity 4 at the Richmond County Bar, he approached 5 those of us who serve in office about putting 6 together a volunteer lawyers' project to deal 7 with the crisis of foreclosures in Staten 8 Island, and he led that pro bono effort. 9 He is an asset to all of us, 10 particularly in Staten Island. And because he 11 has so many fans among the Staten Island 12 delegation and the Legislature -- and I'm sure 13 Senator Lanza will say something about it -- 14 the members of the Assembly who cannot be here 15 to speak on their behalf asked me to say a few 16 words about Wayne Ozzi, particularly 17 Assemblyman Matt Titone, who has known him his 18 entire life, both socially and professionally. 19 He's practiced before him in his capacity as 20 Judge Robert Gigante's law clerk. 21 And Matt just wants the world to 22 know that he believes that today is a great 23 day for the judiciary, it's a great day for 24 Wayne Ozzi and his family, and it's a great 25 day for Staten Island and New York State.

Candyco Transcription Service, Inc. 1 Assemblyman Mike Cusick, who's 2 currently in a committee meeting, also 3 couldn't be here, and he sent me a text 4 message and said, "Please convey my 5 congratulations. Wayne is the best that 6 Staten Island has to offer, and we are all 7 proud of you." And his father, Judge Cusick, 8 is looking down and smiling now. 9 Assemblywoman Janele Hyer-Spencer 10 is also in a committee meeting. And as an 11 attorney who practices in Staten Island with 12 you, she has nothing but glowing things to say 13 about your reputation and what you'll bring to 14 the bench. 15 And as I said, today is a great day 16 for the judiciary, it's a great day for Staten 17 Island, it's a great day for Wayne and his 18 entire family. And they're all up there in 19 the balcony: his wife, Lucy; his son, Daniel; 20 his daughter, Michelle; his father, Dan; his 21 friend, Stephen Lauria; Debra Passarello, 22 Ronald Cerrachio, Jane Stilwell, Kevin 23 Elford -- of course -- John Gulino, our county 24 leader, and Bob Olivari, who's been a lifelong 25 friend.

Candyco Transcription Service, Inc. 1 Congratulations. And I heartily 2 support this nomination to the Court of 3 Claims. 4 ACTING PRESIDENT VALESKY: Thank 5 you, Senator Savino. 6 Senator Lanza, on the nomination. 7 SENATOR LANZA: On the 8 nomination, thank you, Mr. President. 9 First let me associate myself with 10 the remarks from Senator Savino. This is a 11 good day for not only the people of Staten 12 Island but the people of the state. 13 And I want to foremost first and 14 foremost commend the Governor. This is a 15 great nomination. And we are very ecstatic 16 and happy about this on Staten Island, in a 17 very bipartisan way. And the reason that is 18 is because we know what a fabulous appointment 19 this is going to be for the people of 20 Staten Island. 21 You know, Wayne Ozzi is everything 22 you would want in a judge. And I really 23 believe, of all the things we do here in the 24 Senate, one of the most important 25 responsibilities that we have is this process.

Candyco Transcription Service, Inc. 1 Because long after many of us are gone, the 2 legacy that we leave are those who serve on 3 the bench throughout this state. And you want 4 to make sure, more than anywhere else, that 5 you have the right people. Wayne Ozzi is the 6 right person. 7 Senator Savino talked about his 8 qualifications. They're numerous and they're 9 right and they're perfect for the position. I 10 just want to add that he's very smart, he 11 appreciates and loves the law. 12 But above all else that I know 13 about Wayne Ozzi, I think it's his decency 14 that really stands out. And he's got the 15 right demeanor, and I think that will make him 16 the perfect person to sit and preside in a 17 courtroom. And I know, because of all that, 18 that every litigant, every attorney and every 19 person that enters the courtroom where Wayne 20 Ozzi is the judge will be treated with 21 dignity, respect and fairness. And that's all 22 you can ask for. 23 And so as Senator Savino said, this 24 really is a happy occasion. And again, I want 25 to congratulate you. I'm going to have to get

Candyco Transcription Service, Inc. 1 used to saying Judge Ozzi, Your Honor. You 2 deserve it. And more importantly, the people 3 of Staten Island deserve this. 4 I want to congratulate your family, 5 Lucy, Daniel, Michelle, and your dad, Dan, and 6 your friends. Again, this is a good day. 7 Senator Savino and I could not be any happier, 8 and I know the people of Staten Island are 9 going to be very happy about this as well. 10 Congratulations, Judge Ozzi. 11 ACTING PRESIDENT VALESKY: Thank 12 you, Senator Lanza. 13 Are there any other Senators 14 wishing to be heard? 15 Seeing none, the question is on the 16 motion to confirm the nomination of Wayne 17 Ozzi, of Staten Island, as a judge of the 18 New York State Court of Claims. All in favor 19 signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT VALESKY: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT VALESKY: The 25 motion carries. The nominee is confirmed.

Candyco Transcription Service, Inc. 1 Judge Ozzi is joined in the gallery 2 today by his family. Congratulations. 3 (Applause.) 4 ACTING PRESIDENT VALESKY: 5 Senator Klein. 6 SENATOR KLEIN: Mr. President, I 7 believe there's a report of the Finance 8 Committee at the desk. I ask that it be read 9 at this time. 10 ACTING PRESIDENT VALESKY: There 11 is a report of the Finance Committee at the 12 desk. 13 The Secretary will read. 14 THE SECRETARY: Senator Kruger, 15 from the Committee on Finance, reports the 16 following nominations. 17 As a member of the Board of 18 Trustees of the State University of New York, 19 Marshall A. Lichtman, M.D., of Rochester. 20 As a member of the Adirondack Park 21 Agency, F. William Valentino, of Albany. 22 As a member of the New York State 23 Housing Finance Agency and director of the 24 State of New York Mortgage Agency, Karen A. 25 Phillips, of New York City.

Candyco Transcription Service, Inc. 1 As members of the New York State 2 Thruway Authority, Jose Holguin-Veras, of 3 Clifton Park, and James Donald Rice, Jr., of 4 New York City. 5 As members of the Advisory Council 6 on Alcoholism and Substance Abuse Services, 7 Michael N. Martin, of North Tonawanda, and 8 Robert A. Ross, of Saranac Lake. 9 As a member of the Minority Health 10 Council, Nilda I. Soto, of the Bronx. 11 And as a member of the Board of 12 Visitors of the Capital District Developmental 13 Disabilities Services Office, Joan D. Taylor, 14 of Saratoga Springs. 15 ACTING PRESIDENT VALESKY: 16 Senator Kruger. 17 SENATOR CARL KRUGER: Thank you, 18 Mr. President. Can we please move the 19 nominations. 20 ACTING PRESIDENT VALESKY: Are 21 there any other Senators wishing to be heard 22 on the nominations? 23 Seeing none, the question is on the 24 motion to confirm the nominations. All in 25 favor signify by saying aye.

Candyco Transcription Service, Inc. 1 (Response of "Aye.") 2 ACTING PRESIDENT VALESKY: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT VALESKY: The 6 motion carries. The nominees are confirmed. 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, I 9 move to adopt the Resolution Calendar at this 10 time, with the exception of Senate Resolution 11 5323. 12 ACTING PRESIDENT VALESKY: All in 13 favor of adopting the Senate Resolution 14 Calendar, with the exception of the resolution 15 noted, signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT VALESKY: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT VALESKY: The 21 Resolution Calendar is adopted. 22 Senator Fuschillo. 23 SENATOR FUSCHILLO: Mr. 24 President, a quick comment. I want to just 25 thank my colleague Senator Craig Johnson for

Candyco Transcription Service, Inc. 1 his resolution today, 5333, critically 2 important for the City of New York and the 3 State of New York. 4 As we've read recently, the federal 5 government has shortchanged New York State 6 once again on federal money to combat 7 terrorism, especially in the City of New York. 8 And just recently, on this 9 Thursday, the ranking member of the Homeland 10 Security Committee, Peter King, met with Janet 11 Napolitano, and she never brought up the fact 12 that New York State has not vouched for some 13 of the monies, which Peter King said was 14 untrue. All of those dollars that New York 15 State has received has been vouched for, and 16 the programs are in existence. 17 So this resolution today by Senator 18 Johnson asking the federal government to 19 restore financial aid to combat terrorism in 20 the City of New York and in New York State is 21 critically important. I just vote aye and 22 thank him for the resolution. 23 ACTING PRESIDENT VALESKY: Thank 24 you, Senator Fuschillo. 25 Senator Craig Johnson.

Candyco Transcription Service, Inc. 1 SENATOR CRAIG JOHNSON: Thank you 2 very much. And thank you, Senator Fuschillo. 3 I wasn't going to speak on this, 4 because I think the resolution speaks for 5 itself. I will simply say I'd like to open up 6 the resolution for all members to join if they 7 wish to do so, because I think it's critically 8 important that we as a body stand together, 9 stand as Republicans and Democrats, as they've 10 done so in Congress, to call upon our federal 11 government to make sure that we get the monies 12 yesterday necessary to protect our loved ones. 13 Just yesterday we honored the 14 individual who stood by and found that 15 explosive device in Times Square. And now we 16 have a federal government that's going to try 17 and take away our money and put all of our 18 loved ones at risk. 19 And so a resolution like this I 20 believe is critically important. I would urge 21 all members and I open it up for all members 22 to join. Thank you very much. 23 And thank you, Senator Fuschillo. 24 ACTING PRESIDENT VALESKY: At 25 Senator Johnson's request, the resolution will

Candyco Transcription Service, Inc. 1 be open for cosponsorship to all members. Any 2 Senator wishing not to be a cosponsor of the 3 resolution should notify the desk. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, I 6 move to take up Senate Resolution Number 5323, 7 by Senator Peralta. I ask that the title of 8 the resolution be read and move for its 9 immediate adoption. 10 ACTING PRESIDENT VALESKY: The 11 Secretary will read. 12 THE SECRETARY: By Senator 13 Peralta, Legislative Resolution Number 5323, 14 commemorating the 199th anniversary of the 15 independence of the Republic of Paraguay. 16 ACTING PRESIDENT VALESKY: All in 17 favor of adopting the resolution signify by 18 saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT VALESKY: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT VALESKY: The 24 resolution is adopted. 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, at 2 this time I move to recall Senate Resolution 3 Number 5167, which was unanimously adopted on 4 May 12th. I ask that the resolution be read 5 in its entirety and that Senator Diaz have an 6 opportunity speak on his resolution. 7 ACTING PRESIDENT VALESKY: The 8 Secretary will read. 9 THE SECRETARY: By Senator Diaz. 10 Legislative Resolution Number 5167, 11 commemorating the second anniversary of Dr. Ma 12 Ying-jeou's Presidency of Taiwan. 13 "WHEREAS, May 20, 2010, will mark 14 the second anniversary of Dr. Ma Ying-jeou's 15 inauguration as the twelfth President of the 16 Republic of China (Taiwan); and 17 "WHEREAS, This Legislative Body 18 passed a resolution (Senate Number 4906) in 19 March of 2008 congratulating the people of 20 Taiwan for the successful conduct of their 21 fourth direct and democratic presidential 22 election; and 23 "WHEREAS, Taiwan is one of the 24 strongest democratic allies of the United 25 States in the Asia-Pacific region; and

Candyco Transcription Service, Inc. 1 "WHEREAS, President Ma has 2 successfully enhanced mutual trust between the 3 United States and Taiwan since taking office; 4 and 5 "WHEREAS, Through cross-strait 6 dialogues and flexible diplomacy, President Ma 7 has transformed the Taiwan Strait from a major 8 international flashpoint into a cornerstone 9 for peace and prosperity for East Asia; and 10 "WHEREAS, The United States has 11 assisted Taiwan in participating in the World 12 Health Assembly as an observer in May of 2009, 13 and will continue supporting Taiwan's 14 meaningful participation in other United 15 Nations-affiliated organizations; and 16 "WHEREAS, President Ma took major 17 steps to enhance Taiwan's rule of law and 18 protection of human rights by ratifying the 19 International Covenant on Civil and Political 20 Rights and the International Covenant on 21 Economic, Social and Cultural Rights in May of 22 2009; and 23 "WHEREAS, President Ma is 24 determined to strengthen cooperation with the 25 United States in trade and investment,

Candyco Transcription Service, Inc. 1 students and cultural exchanges, tourism, 2 scientific research, and many other areas; and 3 "WHEREAS, President Ma has 4 expressed his hope that Taiwan and the United 5 States will sign an extradition agreement, 6 implement visa-free courtesies for Taiwanese 7 travelers to the United States, and resume 8 negotiation on a Trade and Investment 9 Framework Agreement in the near future; and 10 "WHEREAS, The United States and 11 Taiwan share a close and long-standing 12 economic relationship, including $61.6 billion 13 of bilateral trade in 2008, making Taiwan the 14 ninth largest trading partner of the United 15 States; and 16 "WHEREAS, New York State exported 17 approximately $1.5 billion worth of products 18 to Taiwan in 2008, making Taiwan the eighth 19 largest foreign market for New York State; and 20 "WHEREAS, Many of the United 21 States' top 500 companies headquartered in 22 New York have invested in Taiwan, including 23 IBM, Pfizer, Corning, Citigroup, MetLife, J.P. 24 Morgan, and New York Life; and 25 "WHEREAS, The State of New York is

Candyco Transcription Service, Inc. 1 home to a large and thriving Taiwanese 2 community, and has a maintained a friendly and 3 fruitful sister-state relationship with Taiwan 4 for many years; now, therefore, be it 5 "RESOLVED, That this Legislative 6 Body pause in its deliberations to commemorate 7 the second anniversary of President Ma 8 Ying-jeou's inauguration, and to express and 9 record its strong commitment to a closer 10 economic partnership with Taiwan." 11 ACTING PRESIDENT VALESKY: 12 Senator Diaz, on the resolution. 13 SENATOR DIAZ: Thank you, 14 Mr. President. 15 Ladies and gentlemen, I am very 16 honored and proud today that we in the 17 New York State Senate are commemorating the 18 second anniversary of President Ma Ying-jeou's 19 inauguration as President of Taiwan. This 20 commemoration is not only a personal 21 celebration for President Ma, but it is also a 22 celebration for democracy and a celebration 23 for the people of Taiwan. 24 The accomplishments, dedication and 25 determination shown by President Ma have

Candyco Transcription Service, Inc. 1 yielded economic and cultural benefits for 2 Taiwan, for the United States, and for the 3 great State of New York. New York State and 4 New York City can also be proud today and 5 claim President Ma as one of their own, since 6 he obtained his master's in law degree from 7 New York University in 1976 and completed an 8 internship in a New York City law firm before 9 returning to Taiwan. 10 As we heard in the resolution, 11 ladies and gentlemen, Taiwan is the eighth 12 largest foreign market for New York State, and 13 many top New York companies such as IBM, 14 Citigroup, and J.P. Morgan have all invested 15 in Taiwan. 16 Mr. President and ladies and 17 gentlemen, we pause today to celebrate this 18 important occasion with three dignitaries from 19 Taiwan: Ambassador Andrew J.C. Kao, Director 20 General of the Taipei Economic and Cultural 21 Office in New York; Director Simon Sung; and 22 Director David Chien. 23 Ambassador Kao, Director Sung, and 24 Director Chien, I am pleased to welcome you 25 today to the New York State Senate chamber.

Candyco Transcription Service, Inc. 1 Mr. President, ladies and 2 gentlemen, in closing, I want to once again 3 offer my sincere congratulations to President 4 Ma, to Ambassador Kao, to Directors Sung and 5 Chien, and to the people of Taiwan from the 6 New York State Senate on this very happy 7 occasion. 8 And I thank you, Mr. President, my 9 colleagues, ladies and gentlemen, for giving 10 me the opportunity to bring to this chamber 11 these distinguished people from the people of 12 Taiwan that have contributed to the economy of 13 this great state. And this resolution is open 14 for all the members to join on. 15 Thank you, Mr. President. 16 ACTING PRESIDENT VALESKY: Thank 17 you, Senator Diaz. 18 Senator Stavisky, on the 19 resolution. 20 SENATOR STAVISKY: Thank you, 21 Mr. President. And thank you, Senator Diaz, 22 for introducing this resolution. 23 And I too would like to welcome my 24 friends Ambassador Kao, David Chien and Simon 25 Sung to Albany. This is not their -- at least

Candyco Transcription Service, Inc. 1 I know Simon has been here before. And to 2 tell you how proud I am, gentlemen, to 3 represent so many Asian-Americans in the 4 New York State Senate. 5 My district has more than a hundred 6 thousand people from that part of the world 7 who came to New York, who came to primarily 8 Flushing, seeking a better life. And they 9 have been such an important resource. They 10 brought with them a rich cultural heritage. 11 They brought with them their families, in some 12 cases. But they have transformed much of 13 Queens with their contributions both to the 14 economy but also to the social and political 15 life of our community. 16 We've always had a warm friendship 17 with the government of Taiwan. It is a strong 18 democracy in a part of the world where strong 19 democracies do not exist. Taiwan has been our 20 trading partner, an important trading partner 21 for New York State. I believe it's our eighth 22 most important trading partner. 23 But it also has revitalized the 24 community of Flushing. Approximately 30 years 25 ago, the stores in Flushing were boarded up,

Candyco Transcription Service, Inc. 1 businesses were moving. And people originally 2 from Taiwan came to Flushing, and we've 3 seen -- we call it the renaissance. Flushing 4 is now a thriving community, construction is 5 going on, jobs are being created. 6 And this, I hope, can be replicated 7 throughout our state, because it's a message 8 of hope for the future. And Flushing has 9 become what we call a destination of choice, 10 and it is due in large part to the 11 contributions of the Asian-Americans who 12 settled in this part of Queens. 13 But particularly, today, we're 14 paying tribute to the Taiwanese government. 15 Ambassador Kao is the director general of the 16 Taipei Economic and Cultural Office, but he 17 carries the rank of ambassador. And some of 18 you are wondering; we don't have diplomatic 19 relations with Taiwan in the sense of 20 exchanging ambassadorships. And that, to me, 21 is unfortunate, because we have some such a 22 long-standing friendship with the people of 23 the Republic of China. 24 And I am so proud to welcome you to 25 our Capitol and to thank you for everything

Candyco Transcription Service, Inc. 1 that you've done to make our country a better 2 country. And I look forward to working with 3 you in the days to come. [In Chinese.] 4 ACTING PRESIDENT VALESKY: Thank 5 you, Senator Stavisky. 6 Senator Schneiderman. 7 SENATOR STAVISKY: And we have a 8 Mandarin-speaking State Senator here who I 9 hope will speak to us in English. 10 ACTING PRESIDENT VALESKY: 11 Senator Schneiderman. 12 SENATOR SCHNEIDERMAN: Thank you, 13 Mr. President. 14 Senator Diaz wanted me to add a few 15 words. [In Chinese.] So we're very happy to 16 have you here. 17 I want to also mention that 18 President Ma, ladies and gentlemen, whose 19 anniversary we celebrate today, is someone who 20 knows politics well. And you're welcome here. 21 He was the mayor and was the first elected 22 with very, very -- 51 percent of the vote, 23 came back and won big and went on to great 24 success. He was a party leader, someone who 25 would be very comfortable here with us.

Candyco Transcription Service, Inc. 1 So any time you want to come [in 2 Chinese]. 3 Thank you, Mr. President. 4 ACTING PRESIDENT VALESKY: Thank 5 you, Senator Schneiderman. 6 Senator Padavan, on the resolution. 7 SENATOR PADAVAN: Thank you, 8 Mr. President. 9 And thank you, Senator Diaz, for 10 bringing this resolution before us again with 11 our guests that are here. 12 The sons and daughters of Taiwan 13 have made, as has already been said, the part 14 of Queens known as Flushing and its 15 surrounding areas one of the most dynamic 16 communities to be found anywhere in the 17 nation, not only economically but in terms of 18 art and culture, bringing to us -- and some 19 great food, great restaurants -- bringing to 20 us a way of life that was foreign to many but 21 today is so well accepted. 22 Political leaders -- our New York 23 City comptroller is a son of Taiwan. The 24 first Republican member of the City Council, 25 Peter Koo, a son of Taiwan. So inroads into

Candyco Transcription Service, Inc. 1 our political process have been significant, 2 and all for the better. 3 And we thank you for being here. 4 We have many firms in Queens who not only 5 export but also import -- Crystal Window is 6 one that you're familiar with -- exporting 7 their products to China and to the mainland. 8 And that interchange of trade is fantastic, 9 it's good for everybody. 10 So thank you so very much for being 11 with us today. 12 ACTING PRESIDENT VALESKY: Thank 13 you, Senator Padavan. 14 Senator Duane. 15 SENATOR DUANE: Thank you very 16 much, Mr. President. 17 I'm very pleased and honored to be 18 in the presence of just wonderful leadership 19 from Taiwan. As many of you know, I've been a 20 visitor to Taiwan on more than one occasion. 21 And I admire their democracy, I admire their 22 freedom generally, and I also now have come to 23 know the innovative way in which they provide 24 healthcare, which I think has many lessons for 25 us here in the United States.

Candyco Transcription Service, Inc. 1 So I am very happy about the 2 friendship between our state and Taiwan, and I 3 wish for that to continue and to grow for many 4 years to come. 5 Thank you, Mr. President. 6 ACTING PRESIDENT VALESKY: Thank 7 you, Senator Duane. 8 Senator Perkins. 9 SENATOR PERKINS: Thank you, 10 Mr. President. 11 I want to take a moment to extend 12 my welcomes and appreciation to the ambassador 13 and to his colleagues and the people of 14 Taiwan. 15 I join in recognizing President Ma 16 for his anniversary. I have had the privilege 17 of being his guest when I was in Taiwan at the 18 time he was the mayor, and he shared with us 19 his town, and we went to the city council 20 where he also shared with us what his city 21 council was doing. 22 I think the most memorable moment I 23 had with him was when we discussed jogging. 24 He is apparently an avid jogger. And in fact 25 when he visited New York City as a guest of

Candyco Transcription Service, Inc. 1 now-Comptroller John Liu, we had made 2 arrangements to go jogging together -- but he 3 forgot his sneakers, he said. 4 So I want to tell you how much we 5 appreciate the fact that we have such an 6 important relationship with your country. We 7 look forward to seeing that relationship grow. 8 And if the president is in town, I'm looking 9 forward to sharing a loop around Central Park 10 with him if he has the time. 11 Thank you so much, and wonderful to 12 see you again. 13 ACTING PRESIDENT VALESKY: Thank 14 you, Senator Perkins. 15 Senator Squadron. 16 SENATOR SQUADRON: Thank you, 17 Mr. President. 18 I rise to join the chorus welcoming 19 our visitors and acknowledging the strong 20 relationship that we have. As the Senator who 21 represents Chinatown, in the heart of 22 Manhattan, which really is in many ways the 23 cultural center of the Chinese experience in 24 America for Chinese-Americans and visitors, 25 the relationship with Taiwan has for over a

Candyco Transcription Service, Inc. 1 hundred years been extraordinary. The 2 relationship with what is now such an 3 important island nation is one that has really 4 helped define the cultural life of the Lower 5 East Side, the cultural life of New York City, 6 the cultural life of our state entirely. 7 And today is just another step in 8 what has been a relationship that has meant so 9 much for so many. And so it's a great honor 10 to have you and to share the State Senate's 11 sentiments that this is a relationship that we 12 all need, we all depend on, and we look 13 forward to having many decades more of. 14 Thank you so much for being here. 15 Thank you to Senator Diaz for sponsoring this 16 resolution and hosting you today. 17 ACTING PRESIDENT VALESKY: Thank 18 you, Senator Squadron. 19 As Senator Klein indicated, the 20 resolution was previously adopted by the 21 house. 22 Senator Diaz. 23 SENATOR DIAZ: Mr. President, 24 would you please allow Ambassador Kao to 25 address the chamber?

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: I will 2 certainly do that. 3 Before we do that, per your 4 request, the resolution is open to 5 cosponsorship by all members. Any Senator 6 wishing not to be a cosponsor should notify 7 the desk. 8 And at this point, and with 9 unanimous consent, I'd like to welcome 10 Ambassador Andrew J.C. Kao, director general 11 of the Taipei Economic and Cultural Office in 12 New York State, to say a few words. 13 Ambassador? 14 AMBASSADOR KAO: Honorable 15 President and all the Senators, good 16 afternoon. 17 On behalf of President Ma Ying-jeou 18 and the government of the Republic of China in 19 Taiwan, I take great pride and honor to 20 receive this resolution and also the good 21 comments from my friends in the Senate. 22 Certainly that I see the resolution 23 as a great encouragement and support from the 24 State of New York, and I truly believe that 25 with the continued joint efforts from our two

Candyco Transcription Service, Inc. 1 sides, the already cordial relationship 2 between the United States and Taiwan will be 3 further strengthened. 4 Thank you so much. Thank you. 5 (Applause.) 6 ACTING PRESIDENT VALESKY: 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, I 9 believe Senator Espada has a resolution at the 10 desk. I ask that the resolution be read in 11 its entirety and move for its immediate 12 adoption. 13 ACTING PRESIDENT VALESKY: 14 Senator Klein, has this resolution been deemed 15 privileged and submitted by the office of the 16 Temporary President? 17 SENATOR KLEIN: Yes, it has, 18 Mr. President. 19 ACTING PRESIDENT VALESKY: The 20 Secretary will read. 21 THE SECRETARY: By Senators Klein 22 and Espada, legislative resolution celebrating 23 the life and legacy of Meg Felice Charlop, 24 distinguished citizen and devoted member of 25 the community.

Candyco Transcription Service, Inc. 1 "WHEREAS, It is the custom of this 2 Legislative Body to pay tribute to the 3 citizens of the State of New York whose 4 lifework and civic endeavor served to enhance 5 the quality of life in their communities and 6 the great State of New York; and 7 "WHEREAS, Meg Felice Charlop died 8 tragically in a bicycle accident on Wednesday, 9 March 17, 2010. She was 57 years old; and 10 "WHEREAS, Meg Felice Charlop moved 11 to the Bronx in 1976, during the darkest days 12 of the borough's history, and worked as a 13 community and housing organizer in the 14 Morrisania section of the Bronx; and 15 "WHEREAS, Meg Felice Charlop worked 16 as a housing organizer and administrator for 17 the Fordham Bedford Housing Corporation; and 18 "WHEREAS, For the last 26 years, 19 Meg Felice Charlop worked for the Montefiore 20 Medical Center where she was a borough-wide, 21 citywide, and national leader in the fight 22 against childhood lead poisoning; and 23 "WHEREAS, Meg Felice Charlop 24 conceived of the idea and founded the 25 Montefiore Hospital Lead Safe House, the first

Candyco Transcription Service, Inc. 1 in the City of New York and a citywide model 2 funded by the former Bronx borough president, 3 Fernando Ferrer; and 4 "WHEREAS, Since 1992, Meg Felice 5 Charlop was employed as the director of 6 community health for the Montefiore Hospital 7 school-based health program, where she worked 8 tirelessly to develop and promote health 9 education programs for the public school 10 children of the Bronx and advocated for policy 11 initiatives to help make the Bronx and the 12 city a healthier place to live; and 13 "WHEREAS, Meg Felice Charlop 14 actively promoted bicycle riding as an 15 alternative mode of transportation and a means 16 to promote a healthy lifestyle. She was 17 regularly seen riding her bike throughout the 18 Bronx and to meetings in Manhattan; and 19 "WHEREAS, Meg Felice Charlop was 20 honored as a Paul Harris Fellow by the Bronx 21 Rotary Club Gift for Life Program and as a 22 Bronx Mother of the Year by former Mayor David 23 Dinkins; and 24 "WHEREAS, Meg Felice Charlop lived 25 and was employed her entire adult life in the

Candyco Transcription Service, Inc. 1 Bronx, always working tirelessly and 2 passionately to make it a better and healthier 3 place to live and work; and 4 "WHEREAS, Meg Felice Charlop and 5 her husband, Richard Powers, raised their four 6 children, Sarah, Zachary, Rachel and Aaron, in 7 the Bronx and educated them in New York City 8 public schools. They all survive her, as well 9 as three foster children, Chanda, Alicia, and 10 Chris; and 11 "WHEREAS, Meg Felice Charlop leaves 12 behind a legacy of love, commitment and 13 community involvement which inspires us to 14 continue to support and fight for the causes 15 which she so passionately believed in and 16 worked so tirelessly for; now, therefore, be 17 it 18 "RESOLVED, That this Legislative 19 Body pause in its deliberations to celebrate 20 the life and accomplishments of Meg Felice 21 Charlop, distinguished citizen and devoted and 22 beloved member of her community; and be it 23 further 24 "RESOLVED, That copies of this 25 resolution, suitably engrossed, be transmitted

Candyco Transcription Service, Inc. 1 to the family of Meg Felice Charlop." 2 ACTING PRESIDENT VALESKY: 3 Senator Espada, on the resolution. 4 SENATOR ESPADA: Thank you, 5 Mr. President. 6 And certainly I want to thank 7 Senator Klein and the house for giving me the 8 opportunity to share some words regarding Meg 9 Felice Charlop. 10 It was during the darkest moments 11 of our beloved Bronx that I met Meg. And she 12 took on the challenge of turning the burning 13 Bronx, then the symbol of urban decay in the 14 United States of America, into truly a story 15 of urban renewal and renaissance, such that 16 today there isn't a large tract of land that 17 is vacant in the Bronx. 18 But it didn't stop there. All of 19 her children, proud products of our public 20 school system, her and her husband Richard did 21 a great job with those children. But she 22 always found time to do something for other 23 children, leading the fight against childhood 24 lead poisoning and involving herself in 25 school-based health programs throughout the

Candyco Transcription Service, Inc. 1 Bronx. 2 It was indeed a tragic and 3 premature death, but it was a heroic life that 4 we celebrate today. And we thank this chamber 5 for giving us the opportunity to pay homage to 6 this fine, wonderful lady. 7 Thank you. 8 ACTING PRESIDENT VALESKY: Thank 9 you, Senator Espada. 10 Senator Klein, on the resolution. 11 SENATOR KLEIN: Thank you, 12 Mr. President. 13 It's my pleasure to join my 14 colleague Senator Espada in remembering the 15 life of Megan Charlop. 16 I've also had the opportunity to 17 know and work with Megan many years ago. In a 18 previous life, I was in charge of a lead paint 19 litigation unit in a law firm in Manhattan, 20 and I had the opportunity to work with Megan. 21 While others were doubting the 22 causation between children eating lead paint 23 chips and all types of problems with motor 24 skills and IQ scores, Megan was a fighter. 25 She understood early on the horrible

Candyco Transcription Service, Inc. 1 circumstances that were taking place in our 2 communities, especially communities of color, 3 when children were ingesting lead paint. 4 She was a leader in this movement, 5 and I was very proud of the fact that I was 6 actually at the ribbon cutting when she 7 founded the Montefiore Hospital Lead Paint 8 Safe House, which was the first in New York 9 City. 10 She's someone who was dubbed the 11 "Mother Teresa of the Bronx." She's someone 12 who was also always there to lend a helping 13 hand. And I think each and every day, when 14 she got up in the morning, her only goal was 15 to make a positive difference in people's 16 lives. 17 I know Senator Montgomery, in our 18 house, is certainly one of the big supporters 19 of child health-based clinics in schools. 20 Well, Megan really led that cause in the 21 Bronx. And when I was a member of the 22 Assembly, I was very proud to open up several 23 in Norwood schools, the area where Megan lived 24 with her family. 25 I know we're joined here today by

Candyco Transcription Service, Inc. 1 Megan's daughter, Sarah Charlop Powers. And I 2 know all of us, especially myself, who had the 3 opportunity to know Megan for many years, I 4 know her daughter should be very, very proud, 5 because she was someone who really changed the 6 way people looked at lead paint poisoning, 7 changed the way children received healthcare, 8 especially in the Bronx, and she's someone who 9 I believe I'm a better person for having met 10 Megan Charlop. 11 So thank you for letting me say a 12 few words, Mr. President. 13 ACTING PRESIDENT VALESKY: Thank 14 you, Senator Klein. 15 Senator Stewart-Cousins, on the 16 resolution. 17 SENATOR STEWART-COUSINS: Thank 18 you, Mr. President. 19 I had heard about what happened to 20 this extraordinary woman. And certainly 21 recognize her daughter as having been very 22 important in Yonkers as we move forward in our 23 development on the waterfront. 24 But not having known her mom, 25 knowing the legacy, knowing the interest that

Candyco Transcription Service, Inc. 1 she had in all things community and all 2 people, I just wanted to say that we do have 3 legislation moving through both houses that 4 address the cause of death. And I believe she 5 was cycling and was hit by a bus. 6 So I say this only to say that we 7 are conscious of types of hazards that could 8 befall cyclists and are trying to do something 9 that it will be safer for people to engage in 10 what would ordinarily be a healthy activity, 11 not only for themselves personally but for the 12 environment. 13 So although this wonderful woman is 14 gone, I am hoping that one of the things we 15 will be able to do in this Legislature is make 16 it safer for people like your mom, who enjoyed 17 riding her bike, and that in that way her 18 legacy will again be continued and remembered. 19 Thank you. 20 ACTING PRESIDENT VALESKY: Thank 21 you, Senator Stewart-Cousins. 22 Senator Perkins. 23 SENATOR PERKINS: Thank you very 24 much. 25 I just want to first acknowledge

Candyco Transcription Service, Inc. 1 the family for the wonderful work that your 2 mother has given. Far beyond where she may 3 have lived, her reputation was huge. 4 One of the great movements that 5 took place in our city was the childhood lead 6 paint poisoning prevention movement, which was 7 a movement that had great resistance. It was 8 sort of like a David and Goliath story because 9 of those who were opposed to seeing that type 10 of legislation that was so important to our 11 children become law. 12 I know that she was in league with 13 Lucy Billings, who is now a Supreme Court 14 judge, and as well as Cordell Cleare, who's my 15 chief of staff. They were amongst those whose 16 children were poisoned. But instead of 17 turning away in despair and cynicism, they 18 turned towards government, they turned towards 19 community organizing and community leadership 20 to make a better day for not only their 21 children but, more importantly, for the 22 children that might unfortunately be exposed 23 to that type of poisoning. 24 So she has a great legacy for us to 25 remember here today. And in fact, I'm honored

Candyco Transcription Service, Inc. 1 to say we have a childhood lead paint 2 poisoning bill in this Legislature that we are 3 deliberating on that will take her movement to 4 a statewide level, and hopefully we'll be able 5 to do in the state what we were able to do in 6 New York City and save more children from the 7 hazards of childhood lead paint poisoning. 8 ACTING PRESIDENT VALESKY: Thank 9 you, Senator Perkins. 10 Are there any other Senators who 11 wish to be heard? 12 Seeing none, the question is on the 13 resolution. All in favor please signify by 14 saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT VALESKY: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT VALESKY: The 20 resolution is adopted. 21 Senator Klein. 22 SENATOR KLEIN: Thank you, 23 Mr. President. 24 I believe Senator Breslin has a 25 resolution at the desk. I ask that the title

Candyco Transcription Service, Inc. 1 of the resolution be read and move for its 2 immediate adoption. 3 ACTING PRESIDENT VALESKY: 4 Senator Klein, has this resolution been deemed 5 privileged and submitted by the office of the 6 Temporary President? 7 SENATOR KLEIN: Yes, it has, 8 Mr. President. 9 ACTING PRESIDENT VALESKY: The 10 Secretary will read. 11 THE SECRETARY: By Senator 12 Breslin, legislative resolution congratulating 13 Rachele Prawdzik upon the occasion of her 14 designation as Teenager of the Year by the 15 Colonie Elks Lodge. 16 ACTING PRESIDENT VALESKY: The 17 question is on the resolution. All in favor 18 signify by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT VALESKY: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT VALESKY: The 24 resolution is adopted. 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, I 2 believe Senator Breslin has another resolution 3 at the desk. I ask that the title of the 4 resolution be read and move for its immediate 5 adoption. 6 ACTING PRESIDENT VALESKY: 7 Senator Klein, has this resolution been deemed 8 privileged and submitted by the office of the 9 Temporary President? 10 SENATOR KLEIN: Yes, it has, 11 Mr. President. 12 ACTING PRESIDENT VALESKY: The 13 Secretary will read. 14 THE SECRETARY: By Senator 15 Breslin, legislative resolution congratulating 16 James Burr of Shaker High School upon the 17 occasion of his designation as Teenager of the 18 Year by the Colonie Elks Lodge. 19 ACTING PRESIDENT VALESKY: The 20 question is on the resolution. All in favor 21 signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT VALESKY: 24 Opposed, nay. 25 (No response.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 resolution is adopted. 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, I 5 believe Senator Parker has a resolution at the 6 desk. I ask that the title of the resolution 7 be read and move for its immediate adoption. 8 ACTING PRESIDENT VALESKY: 9 Senator Klein, has this resolution been deemed 10 privileged and submitted by the office of the 11 Temporary President? 12 SENATOR KLEIN: Yes, it has, 13 Mr. President. 14 ACTING PRESIDENT VALESKY: The 15 Secretary will read. 16 THE SECRETARY: By Senator 17 Parker, legislative resolution commemorating 18 the 257th birthday of Francois Touissant 19 L'Ouverture, leader of the Haitian Revolution. 20 ACTING PRESIDENT VALESKY: 21 Senator Parker, on the resolution. 22 SENATOR PARKER: Thank you, 23 Mr. President. 24 On May 20th we will be celebrating 25 the birthday of Francois Touissant

Candyco Transcription Service, Inc. 1 L'Ouverture, the head of the Haitian 2 Revolution. 3 Really, in the way we would think 4 about him, he would be the George Washington 5 of Haiti. He is someone who, under great 6 odds, led this small country to the first 7 successful revolt of any Caribbean nation, one 8 of the most successful revolts, really, in the 9 world's history in terms of throwing off the 10 yoke of oppression. 11 He got a great deal of inspiration 12 from his father, who was born free in Africa, 13 and understood that slavery and bondage and 14 oppression was not a natural state for people. 15 He took the things that he had learned, you 16 know, being in captivity and really not just 17 forged greatness and a path for himself but 18 also forged a great path for his people. 19 And so I just really want to take 20 this moment to acknowledge his great works and 21 the fact that it's meant so much to the people 22 of the state. 23 I also want to take this moment 24 because there's another privileged resolution 25 coming up that I will forgo speaking on but

Candyco Transcription Service, Inc. 1 I'll take a couple of moments right now just 2 to say that today is Haitian Flag Day, or 3 Haitian Unity Day. 4 This is the day that is 5 commemorated generally as the time that Haiti 6 actually became a free nation and established 7 itself by raising its own flag. And so as the 8 who represents the 21st District in 9 Brooklyn -- which is Flatbush and East 10 Flatbush, Midwood, Ditmas Park, Kensington and 11 Boro Park -- and functionally the largest 12 concentration of Haitian people outside of 13 Haiti, this is very important for the people 14 of my district and my community. 15 Outside of Florida, the State of 16 New York, which has a population of about 17 200,000 people of Haitian descent, is the 18 largest population of Haitian people, again, 19 outside of Haiti in the world. 20 And so those folks have -- the 21 people of Haiti have given so much not just to 22 New York but to the culture of the United 23 States and the world. For instance, John 24 Audubon. We're all familiar with the Audubon 25 Society. Well, that's named after John

Candyco Transcription Service, Inc. 1 Audubon, who was of Haitian descent and is 2 really the name that we put associated with 3 avian life, birds, wildlife, conservation and, 4 just an example of someone who many of us 5 might not have known was Haitian, has given a 6 great deal to our society. 7 And so we remember Touissant 8 L'Ouverture, we remember Haitian Flag Day. 9 And also today, in Rockland County, 10 which outside of Brooklyn has the largest 11 population, Rockland County and Spring Valley, 12 New York -- and I'll say this, I didn't see 13 him in the chamber, but I'll say this on 14 behalf of Senator Thomas Morahan, who 15 represents that community, that that is a 16 thriving community exactly because of the 17 Haitian community. They today celebrate 18 Haitian Unity Day. 19 There are a number of members of 20 that community who are here in Albany today, 21 and we honor them and thank them for being 22 part of this great experiment that we call 23 New York and call America. 24 Thank you, Mr. President. 25 ACTING PRESIDENT VALESKY: Thank

Candyco Transcription Service, Inc. 1 you, Senator Parker. 2 Senator Parker has asked that the 3 resolution be open for cosponsorship. Any 4 Senator wishing not to be a cosponsor should 5 notify the desk. 6 The question is on the resolution. 7 All in favor signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT VALESKY: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT VALESKY: The 13 resolution is adopted. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, 16 can you just recognize Senator Stavisky for a 17 brief announcement. 18 ACTING PRESIDENT VALESKY: 19 Senator Stavisky. 20 SENATOR STAVISKY: Yes, I just 21 would like to welcome the class from P.S. 188 22 in Oakland Gardens, Queens. They are on a 23 class trip. And we welcome you all to Albany. 24 Thank you, Mr. President. And 25 thank you, Senator Klein.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: 2 Welcome to our young friends from Queens. 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, I 5 believe Senator Parker has another resolution 6 at the desk. I ask that the title of the 7 resolution be read and move for its immediate 8 adoption. 9 ACTING PRESIDENT VALESKY: 10 Senator Klein, has the resolution been deemed 11 privileged and submitted by the office of the 12 Temporary President? 13 SENATOR KLEIN: Yes, it has, 14 Mr. President. 15 ACTING PRESIDENT VALESKY: The 16 Secretary will read. 17 THE SECRETARY: By Senator 18 Parker, legislative resolution memorializing 19 Governor David A. Paterson to proclaim May 18, 20 2010, as Haitian Unity Day in the State of 21 New York. 22 ACTING PRESIDENT VALESKY: All in 23 favor of the resolution please signify by 24 saying aye. 25 (Response of "Aye.")

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: 2 Opposed, nay. 3 The resolution is adopted. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, I 6 believe Senator Ruth Hassell-Thompson has a 7 resolution at the desk. I ask that the title 8 of the resolution be read and move for its 9 immediate adoption. 10 ACTING PRESIDENT VALESKY: 11 Senator Klein, has this resolution been deemed 12 privileged and submitted by the office of the 13 Temporary President? 14 SENATOR KLEIN: Yes, it has, 15 Mr. President. 16 ACTING PRESIDENT VALESKY: The 17 Secretary will read. 18 THE SECRETARY: By Senators 19 Hassell-Thompson and Perkins, legislative 20 resolution commemorating the 85th birthday of 21 Malcolm X, a major leader in African-American 22 history. 23 ACTING PRESIDENT VALESKY: 24 Senator Hassell-Thompson, on the resolution. 25 SENATOR HASSELL-THOMPSON: Thank

Candyco Transcription Service, Inc. 1 you, Mr. President. Just a moment to 2 commemorate the memory of Malcolm X. Tomorrow 3 would have been his 85th birthday. 4 And as someone who knew him as a 5 revolutionary as well as a change agent in one 6 lifetime, I was privileged to know him and I 7 was very privileged to know and to work 8 closely with his wife, Dr. Shabazz. 9 The advent of Malcolm X was such 10 that he took you through many changes within 11 his life. He was very much a part of my young 12 years in terms of determining who I was and 13 how I saw the world. And at the very time 14 when Dr. King was talking about nonviolence, 15 Malcolm X was preaching at whatever cost, 16 whatever necessary to get the job done. When 17 you're very impressionable, those are two very 18 highly volatile thought processes to go 19 through. 20 I like to believe that today I am a 21 melding of both of those thought processes. 22 And that as we commemorate the life of this 23 man, that we do so with an understanding that 24 his place in history was very critical and 25 important to the growth of African-Americans

Candyco Transcription Service, Inc. 1 in this society. And that even though those 2 who did not believe in him or believe in his 3 theory still had to take notice that the world 4 was changing and he was very much a part of 5 those changes. 6 So thank you, Mr. President, for 7 the opportunity to present this resolution 8 today. And I would like to open this 9 resolution to any who would like to share with 10 me in this moment. 11 ACTING PRESIDENT VALESKY: Thank 12 you, Senator Hassell-Thompson. 13 Senator Perkins, on the resolution. 14 SENATOR PERKINS: Thank you very 15 much. 16 I just want to take a moment to 17 briefly recognize that tomorrow is the 85th 18 birthday of Malcolm X, who was a central 19 figure in obviously African-American and 20 therefore American history -- world history, 21 for that matter. 22 And interestingly, today we had the 23 honor of our invocation being made by a member 24 of the Ghanaian community who happens to be 25 Muslim. And as you know, Malcolm X was a

Candyco Transcription Service, Inc. 1 Muslim. And so it's a wonderful coincidence 2 that he made history today by virtue of being 3 the first of that faith to make an invocation 4 at this place in this chamber. 5 Malcolm X was one of the most 6 outspoken activists on behalf of obviously the 7 civil rights movement, and I am honored to be 8 a cosponsor of this resolution. 9 Just I want to mention a few quick 10 things memorable for me, at least, about 11 Malcolm X. He was well known for his ability 12 to move a audience with his passion and 13 veracity. He would often say, "If you don't 14 stand for something, you'll fall for 15 anything." 16 And another thing I'd like to just 17 quickly point out is that as a society we were 18 taught many lessons from Malcolm X, lessons 19 that will endure long after his words were 20 spoken. One particular message echoes in my 21 mind every time I enter this chamber or I 22 stand ready and willing to defend the rights 23 of my constituents: "Power in defense of 24 freedom is greater than power on behalf of 25 tyranny and oppression, because power, real

Candyco Transcription Service, Inc. 1 power, comes from our conviction, which 2 produces action, uncompromising action." 3 As legislators, as citizens and as 4 human beings, we must never forget Malcolm X 5 and the wonderful words that he shared with 6 us. Thank you. 7 ACTING PRESIDENT VALESKY: Thank 8 you, Senator Perkins. 9 The question is on the resolution. 10 All in favor signify by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT VALESKY: 13 Opposed, nay. 14 (No response.) 15 ACTING PRESIDENT VALESKY: The 16 resolution is adopted. 17 Per Senator Hassell-Thompson's 18 request, the resolution is open for 19 cosponsorship. Any Senator wishing not to 20 cosponsor the resolution should notify the 21 desk. 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, I 24 believe Senator Nozzolio has a resolution at 25 the desk. I ask that the title of the

Candyco Transcription Service, Inc. 1 resolution be read and move for its immediate 2 adoption. 3 ACTING PRESIDENT VALESKY: 4 Senator Klein, has this resolution been deemed 5 privileged and submitted by the office of the 6 Temporary President? 7 SENATOR KLEIN: Yes, it has, 8 Mr. President. 9 ACTING PRESIDENT VALESKY: The 10 Secretary will read. 11 THE SECRETARY: By Senator 12 Nozzolio, legislative resolution commemorating 13 the 60th anniversary of the Ladies Auxiliary 14 of the Newark Volunteer Fire Department, to be 15 celebrated May 22, 2010. 16 ACTING PRESIDENT VALESKY: The 17 question is on the resolution. All in favor 18 signify by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT VALESKY: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT VALESKY: The 24 resolution is adopted. 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, I 2 believe Senator Nozzolio has another 3 resolution at the desk. I ask that the title 4 of the resolution be read and move for its 5 immediate adoption. 6 ACTING PRESIDENT VALESKY: 7 Senator Klein, has this resolution been deemed 8 privileged and submitted by the office of the 9 Temporary President? 10 SENATOR KLEIN: Yes, it has, 11 Mr. President. 12 ACTING PRESIDENT VALESKY: The 13 Secretary will read. 14 THE SECRETARY: By Senator 15 Nozzolio, legislative resolution 16 congratulating Teresa Caravita upon the 17 occasion of her 100th birthday. 18 ACTING PRESIDENT VALESKY: The 19 question is on the resolution. All in favor 20 signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT VALESKY: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 resolution is adopted. 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, I 4 believe Senator Young has a resolution at the 5 desk. I ask that the title of the resolution 6 be read and move for its immediate adoption. 7 ACTING PRESIDENT VALESKY: 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 Mr. President. 13 ACTING PRESIDENT VALESKY: The 14 Secretary will read. 15 THE SECRETARY: By Senator Young, 16 legislative resolution commemorating the 125th 17 anniversary of the Woman's Christian 18 Association Hospital. 19 ACTING PRESIDENT VALESKY: All in 20 favor of adopting the resolution signify by 21 saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT VALESKY: 24 Opposed, nay. 25 (No response.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 resolution is adopted. 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, 5 there will be an immediate meeting of the 6 Environmental Conservation Committee, followed 7 by an immediate meeting of the Investigations 8 and Government Operations Committee, in 9 Room 332. 10 Pending the return of the 11 Investigations and Government Operations 12 Committee, may we please stand at ease. 13 ACTING PRESIDENT VALESKY: 14 Meetings of the Environmental Conservation 15 Committee followed by the Investigations 16 Committee. 17 The Senate will stand at ease 18 pending the return of these committees. 19 (Whereupon, the Senate stood at 20 ease at 1:53 p.m.) 21 ACTING PRESIDENT VALESKY: The 22 Senate will please come to order. 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, 25 there will be an immediate meeting of the

Candyco Transcription Service, Inc. 1 Rules Committee in the Majority Conference 2 Room. 3 Pending the return of the Rules 4 Committee, may we please stand at ease. 5 ACTING PRESIDENT VALESKY: There 6 will be an immediate meeting of the Committee 7 on Rules in Room 332 of the Capitol. 8 Pending the return of the Rules 9 Committee, the Senate will continue to stand 10 at ease. 11 (Whereupon, the Senate reconvened 12 at 2:57 p.m.) 13 ACTING PRESIDENT VALESKY: The 14 Senate will come to order. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, if 17 we could return to the order of reports of 18 standing committees, I believe there's a 19 report of the Rules Committee at the desk. I 20 move we adopt the report at this time. 21 ACTING PRESIDENT VALESKY: There 22 is a report of the Rules Committee at the 23 desk. 24 The Secretary will read. 25 THE SECRETARY: Senator Smith,

Candyco Transcription Service, Inc. 1 from the Committee on Rules, reports the 2 following bills: 3 Senate Print 7835, by Senator C. 4 Johnson, an act to amend Chapter 704 of the 5 Laws of 1991; 6 And Assembly Print Number 11101, by 7 Member of the Assembly Cahill, an act to amend 8 the Economic Development Law. 9 Both bills ordered direct to third 10 reading. 11 ACTING PRESIDENT VALESKY: All in 12 favor of adopting the report of the Rules 13 Committee indicate by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT VALESKY: 16 Opposed, nay. 17 (Response of "Nay.") 18 ACTING PRESIDENT VALESKY: The 19 report of the Rules Committee is adopted. 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, at 22 this time can we please go to a reading of the 23 calendar. 24 ACTING PRESIDENT VALESKY: The 25 Secretary will proceed with a reading of the

Candyco Transcription Service, Inc. 1 calendar. 2 THE SECRETARY: Calendar Number 3 431, by Member of the Assembly Weinstein, 4 Assembly Print Number 2876, an act to amend 5 the Court of Claims Act. 6 ACTING PRESIDENT VALESKY: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT VALESKY: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 439, by -- 18 SENATOR KLEIN: Lay the bill 19 aside for the day, please. 20 ACTING PRESIDENT VALESKY: The 21 bill is laid aside for the day. 22 THE SECRETARY: Calendar Number 23 491, by Senator Foley, Senate Print 7047, an 24 act to amend the Education Law. 25 ACTING PRESIDENT VALESKY: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect one year after it shall 4 have become a law. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 492, by Senator Klein, Senate Print 1899A, an 13 act to amend the Penal Law. 14 ACTING PRESIDENT VALESKY: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 90th day. 18 ACTING PRESIDENT VALESKY: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 500, by Senator Peralta, Senate Print 7296A,

Candyco Transcription Service, Inc. 1 an act to amend the General Business Law. 2 ACTING PRESIDENT VALESKY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 180th day. 6 ACTING PRESIDENT VALESKY: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT VALESKY: 10 Announce the results. 11 THE SECRETARY: Ayes, 60. Nays, 12 1. Senator DeFrancisco recorded in the 13 negative. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 503, by Member of the Assembly Gabryszak, 18 Assembly -- 19 SENATOR SALAND: Mr. President. 20 ACTING PRESIDENT VALESKY: 21 Senator Saland. 22 SENATOR SALAND: My apologies; a 23 point of order. The last bill that we did, 24 I'm having a difficult time -- 25 ACTING PRESIDENT VALESKY:

Candyco Transcription Service, Inc. 1 Calendar Number 500. 2 SENATOR SALAND: We just 3 completed Calendar 500? 4 ACTING PRESIDENT VALESKY: That 5 was just passed. We're now on Calendar 503. 6 SENATOR SALAND: Thank you. 7 ACTING PRESIDENT VALESKY: The 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 503, by Member of the Assembly Gabryszak, 11 Assembly Print Number 9810, an act to amend 12 the Public Authorities Law. 13 ACTING PRESIDENT VALESKY: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT VALESKY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 520, by Senator Thompson, Senate Print 5640A, 25 an act to amend the Labor Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT VALESKY: 9 Announce the results. 10 THE SECRETARY: In relation to 11 Calendar Number 520, those Senators recorded 12 in the negative are Senators Bonacic, 13 Flanagan, Golden, Griffo, O. Johnson, Lanza, 14 Larkin, Little, Saland, Seward, Skelos and 15 Volker. Also Senator Nozzolio. 16 Ayes, 48. Nays, 13. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 522, by Senator L. Krueger, Senate Print 21 5843B, an act to amend the Public Authorities 22 Law. 23 ACTING PRESIDENT VALESKY: Read 24 the last section. 25 THE SECRETARY: Section 4. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT VALESKY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 Senator Klein, that completes the 9 reading of the calendar. 10 SENATOR KLEIN: Mr. President, 11 before we proceed, there's a bit of a 12 milestone today. The bill that was passed, 13 Senate Bill Number 7296A, was Senator 14 Peralta's first bill to pass in the Senate. 15 ACTING PRESIDENT VALESKY: 16 Congratulations, Senator Peralta. 17 (Applause.) 18 SENATOR KLEIN: We wish you many 19 more. 20 ACTING PRESIDENT VALESKY: 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, at 23 this time can we please go to a reading of the 24 supplemental calendar. 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 Secretary will proceed with the reading of 2 Senate Supplemental Calendar 49A. 3 THE SECRETARY: Calendar Number 4 556, by Senator C. Johnson, Senate Print 7835, 5 an act to amend Chapter 704 of the Laws of 6 1991, amending the Arts and Cultural Affairs 7 Law. 8 ACTING PRESIDENT VALESKY: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT VALESKY: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT VALESKY: 16 Senator Craig Johnson, to explain his vote. 17 SENATOR CRAIG JOHNSON: Thank you 18 very much, Mr. President. 19 This is a 30-day extender of the 20 ticket bill that will hopefully give the 21 parties time to figure out a global 22 resolution. 23 During that period of time, the 24 committee which I chair, the Senate 25 Investigations and Government Operations

Candyco Transcription Service, Inc. 1 Committee, is going to hold a hearing on the 2 very issue underlying the tickets and resale 3 of tickets. The hearing is going to be held 4 on June 2nd. The tentative schedule time is 5 going to be 12:30 here in Albany. 6 So for all members of the Senate 7 body, not only those who serve on the 8 committee but also other Senators who are 9 interested, you're invited to attend the 10 hearing. 11 Thank you very much. I'll be 12 voting yes. 13 ACTING PRESIDENT VALESKY: 14 Senator Craig Johnson to be recorded in the 15 affirmative. 16 Announce the results. 17 THE SECRETARY: Ayes, 61. Nays, 18 0. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 557, by Member of the Assembly Cahill, 23 Assembly Print Number 11101, an act to amend 24 the Economic Development Law. 25 ACTING PRESIDENT VALESKY: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT VALESKY: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 Senator Klein, that completes the 11 reading of Senate Supplemental Calendar 49A. 12 SENATOR KLEIN: Mr. President, is 13 there any further business at the desk? 14 ACTING PRESIDENT VALESKY: The 15 desk is clear. 16 SENATOR KLEIN: Before we 17 adjourn, Mr. President, I just want to 18 announce following session the following 19 committees will be meeting in Room 332. 20 First, Commerce and Economic Development. 21 Second, Local Government Committee. Third, 22 Civil Service and Pension. And finally, the 23 Education committee. 24 Again, those committees will be 25 meeting in Room 332 immediately after session.

Candyco Transcription Service, Inc. 1 SENATOR VOLKER: Mr. President. 2 ACTING PRESIDENT VALESKY: 3 Senator Volker. 4 SENATOR VOLKER: Excuse me. 5 There will be an immediate Republican 6 conference in the conference room for the 7 minority. 8 Thank you, Senator Klein. 9 SENATOR KLEIN: Thank you. 10 ACTING PRESIDENT VALESKY: 11 Republican conference in the Minority 12 Conference Room. 13 Senator Klein. 14 SENATOR KLEIN: There being no 15 further business, Mr. President, I move that 16 we adjourn at the call of the Temporary 17 President, intervening days to be legislative 18 days. 19 ACTING PRESIDENT VALESKY: On 20 motion, the Senate stands adjourned at the 21 call of the Temporary President, intervening 22 days being legislative days. 23 (Whereupon, at 3:06 p.m., the 24 Senate adjourned.) 25

Candyco Transcription Service, Inc.