Tuesday, May 10, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 10, 2011 11 3:17 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR TOM O'MARA, Acting President 19 FRANCIS W. PATIENCE, 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 O'MARA: The 3 house will come to order. 4 Please rise and join me in the 5 Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT O'MARA: Joining 9 us today for the invocation is Soulemaine 10 Konate, Imam, Masjid Aqsa, of New York. 11 IMAM KONATE: [In Arabic] In the 12 name of Allah, the most gracious, the most 13 merciful. 14 O, Allah, our God, by You we beg 15 and to You we direct ourselves. And You we 16 ask and for only You we wanted. We beg You 17 for nothing but You, our Lord, and we appeal 18 it to You by the great myth and grandest 19 virtue. There is no God but You, all one 20 only, all eternal and absolute. 21 Bring peace and tranquility into 22 our counties and our cities, and make our 23 countries and cities a place of security and 24 provide its leaders with the many blessings 25 and protection, guidance and wisdom. You

Candyco Transcription Service, Inc. 1 alone we worship, and You alone we ask for 2 help for each and everything. 3 O Lord of Abraham, Moses, Jesus and 4 Mohammed, may peace be upon them all. You are 5 possessor of the kingdom and power. You give 6 kingdom and power to whom You will, and you 7 take the kingdom and power from whom You will. 8 And You endow with honor whom You will, and 9 You humiliate whom You will. In Your hand is 10 good. Verily, You are able to do all things. 11 Amen. 12 ACTING PRESIDENT O'MARA: The 13 reading of the Journal. 14 THE SECRETARY: In Senate, 15 Monday, May 9th, the Senate met pursuant to 16 adjournment. The Journal of Sunday, May 8th, 17 was read and approved. On motion, Senate 18 adjourned. 19 ACTING PRESIDENT O'MARA: Without 20 objection, the Journal stands approved as 21 read. 22 Presentation of petitions. 23 Messages from the Assembly. 24 The Secretary will read. 25 THE SECRETARY: On page 28,

Candyco Transcription Service, Inc. 1 Senator LaValle moves to discharge, from the 2 Committee on Environmental Conservation, 3 Assembly Bill Number 5971 and substitute it 4 for the identical Senate Bill Number 3771, 5 Third Reading Calendar Number 434. 6 ACTING PRESIDENT O'MARA: 7 Substitution ordered. 8 THE SECRETARY: On page 30, 9 Senator Nozzolio moves to discharge, from the 10 Committee on Judiciary, Assembly Bill Number 11 6152 and substitute it for the identical 12 Senate Bill Number 4666, Third Reading 13 Calendar 449. 14 ACTING PRESIDENT O'MARA: 15 Substitution ordered. 16 THE SECRETARY: And on page 30, 17 Senator Valesky moves to discharge, from the 18 Committee on Education, Assembly Bill Number 19 5719 and substitute it for the identical 20 Senate Bill Number 3776, Third Reading 21 Calendar 455. 22 ACTING PRESIDENT O'MARA: 23 Substitution ordered. 24 Messages from the Governor. 25 Reports of standing committees.

Candyco Transcription Service, Inc. 1 The Secretary will read. 2 THE SECRETARY: Senator 3 DeFrancisco, from the Committee on Finance, 4 reports the following nomination. 5 For the Commissioner of the Office 6 of General Services, RoAnn M. Destito, of 7 Rome. 8 ACTING PRESIDENT O'MARA: Senator 9 Libous. 10 SENATOR LIBOUS: Mr. President, 11 after we have the report of the standing 12 committees, before we do the next nomination, 13 could we please go to motions and resolutions, 14 and then we'll come back and do to the 15 nomination. 16 ACTING PRESIDENT O'MARA: Reports 17 of select committees. 18 Communications and reports from 19 state officers. 20 Motions and resolutions. 21 Senator Libous. 22 SENATOR LIBOUS: Thank you, 23 Mr. President. 24 I believe that Senator Breslin has 25 a resolution at the desk. He would like the

Candyco Transcription Service, Inc. 1 title read and if you would call on Senator 2 Breslin, please. 3 ACTING PRESIDENT O'MARA: The 4 Secretary will read. 5 THE SECRETARY: Legislative 6 Resolution Number 1716, by Senator Breslin, 7 honoring Youssoufou Bamba, the new Permanent 8 Representative of Cote d'Ivoire to the United 9 Nations, and extending a warm welcome to him 10 upon the occasion of his visit to Albany, 11 New York, on May 10, 2011. 12 ACTING PRESIDENT O'MARA: Senator 13 Breslin. 14 SENATOR BRESLIN: Thank you very 15 much, Mr. President. 16 We are honored today to have the 17 ambassador from the Ivory Coast to the 18 United Nations with us. His Excellency, would 19 you please stand. 20 And the Ivory Coast, as many of you 21 know, has been in turmoil for the last couple 22 of months after a very highly contested 23 election. It once served as kind of the 24 gateway in West Africa for the 16 nations 25 there, and it will again. And we have

Candyco Transcription Service, Inc. 1 developed in the United States, and in 2 particular in New York, a wonderful 3 relationship with the Ivory Coast. 4 And the ambassador, his experience 5 has been extraordinary. He has served in 6 Korea, he has served in Austria, he has served 7 in Japan and is really a well-known expert on 8 world affairs. 9 And it should be noted that the new 10 president is a Ph.D. from Penn State in the 11 United States and is well aware of the 12 friendship and the relationship that we have 13 between the United States and the Ivory Coast. 14 And I welcome you here. I look 15 forward to hearing your words. And I look 16 forward to a very strong and warm relationship 17 in the coming years. 18 Thank you, Mr. President. 19 ACTING PRESIDENT O'MARA: Senator 20 Perkins. 21 SENATOR PERKINS: Thank you very 22 much. 23 First I want to underscore the 24 words that were shared by Senator Breslin in 25 terms of the extraordinary presence that we

Candyco Transcription Service, Inc. 1 have here today in terms of the ambassador of 2 the Ivory Coast. 3 I have the privilege of 4 representing many of his constituents who are 5 a part of my district in the Harlem, East 6 Harlem, Upper West Side, Morningside Heights 7 area. 8 But one of the things I've learned 9 about the folks from the Ivory Coast is as 10 great as the man is, so is the woman. And I 11 want to acknowledge the wife of the ambassador 12 as well, because I know that the kind of 13 leadership that she has been providing, and 14 support for him and for the country, is 15 something that is well-deserved and I want to 16 appreciate that. I've seen that kind of 17 leadership in my neighborhood. 18 And I'm sure that the Ivory Coast 19 is on its way to a great future for not only 20 the folks in the Ivory Coast but for the 21 region, as well as for those of us from this 22 country. We need to make sure that we forge 23 the kinds of economic development ties with 24 the Ivory Coast that we see valuable in places 25 all over the world.

Candyco Transcription Service, Inc. 1 That is a place where its economy 2 is ripe for the kind of partnerships that will 3 benefit the folks from the Ivory Coast as well 4 as those of us in this country and in other 5 parts of the world as well. 6 Thank you very much for the 7 opportunity to speak. 8 ACTING PRESIDENT O'MARA: Senator 9 Hassell-Thompson. 10 SENATOR HASSELL-THOMPSON: Thank 11 you, Mr. President. 12 I would like to add my voice to 13 that of Senator Breslin and Senator Perkins as 14 we congratulate the ambassador as he has 15 accepted the responsibility as the permanent 16 representative, and say to him and to his 17 entourage: Akwaba. And certainly to Madam 18 Bamba, welcome. 19 And it is with great pleasure that 20 I support this resolution and thank you, 21 Senator Breslin, for ensuring that we share in 22 this cultural experience and we lend support 23 to the growth and development of the new 24 government that is coming to the Ivory Coast. 25 Thank you, Mr. President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT O'MARA: Thank 2 you, Senator. 3 Senator Smith. 4 SENATOR SAMPSON: Thank you very 5 much, Mr. President. 6 Ambassador Bamba, welcome to 7 New York State. Welcome to your sister state 8 with regard to our relationship with the Ivory 9 Coast when it comes to economic development 10 and education. 11 To my colleagues here today, this 12 is a very important day for us in this 13 chamber. The ambassador has a wealth of 14 experience, being a former ambassador to 15 Austria, the United Kingdom, Japan, Ethiopia, 16 Korea. He has a master's in economics. 17 And you should understand that his 18 purpose today was not one to just visit us but 19 to also thank us as a state and as a country 20 for the support that we've given to the Ivory 21 Coast. 22 I want to thank our leaders in this 23 chamber: Senator Sampson, for the warm 24 welcome and reception that he put forward for 25 the ambassador. I also want to thank the

Candyco Transcription Service, Inc. 1 President of the Senate, Senator Dean Skelos, 2 for the warm reception in allowing the 3 ambassador to come forward and bring 4 greetings. 5 But I also want to thank all of 6 you, my colleagues, because you are here today 7 on this floor allowing the ambassador to see 8 one of the most prestigious chambers in these 9 United States. 10 Ambassador, you are witnessing a 11 chamber that has a history that is as rich as 12 almost the country of the Ivory Coast. 13 So we want to thank you for being 14 here. We congratulate you on your appointment 15 as of December. And we look forward to a 16 relationship as one that is not only rich with 17 the exchange of our culture and our education, 18 but one that continues to exchange our spirit, 19 which is more important than anything that we 20 do as human beings on this planet. 21 Thank you very much, Mr. President. 22 ACTING PRESIDENT O'MARA: Thank 23 you, Senator Smith. 24 The question is on the resolution. 25 All those in favor signify by saying aye.

Candyco Transcription Service, Inc. 1 (Response of "Aye.") 2 ACTING PRESIDENT O'MARA: Any 3 opposed? 4 (No response.) 5 ACTING PRESIDENT O'MARA: The 6 resolution is passed. 7 Senator Libous. 8 SENATOR LIBOUS: Thank you, 9 Mr. President. 10 Mr. President, at this time could I 11 ask a unanimous consent from the body to have 12 Ambassador Bamba address the body. 13 ACTING PRESIDENT O'MARA: Yes, 14 without objection. 15 SENATOR LIBOUS: Ambassador 16 Bamba. 17 AMBASSADOR BAMBA: Senate 18 Majority Leader Dean Skelos, honorable 19 Senators, yes indeed it is a great honor for 20 me -- through me, to my country -- to address 21 this prestigious chamber. 22 Indeed, my country has emerged from 23 a dire crisis. Over the past four months we 24 have unfortunately witnessed a recorded 3,000 25 people killed. Killed because of the madness

Candyco Transcription Service, Inc. 1 of men clinging to power. The incumbent 2 president of Cote d'Ivoire has lost the 3 election, but he has refused to step down. 4 And the world has witnessed this crisis, which 5 has concluded by the arrest of the former 6 President Gbagbo. 7 I'm here today before you to extend 8 to the American people, through you, the 9 gratitude of the Ivorian people, the 10 government people, the government of Cote 11 d'Ivoire, for the supports you have given to 12 us during this crisis. You have supported 13 democracy. You have supported civilian 14 population who have been slaughtered by a 15 dictator. We praise you for that. We commend 16 you. We will be eternally grateful to you for 17 that. 18 I come before you today to invite 19 you, through the Senate Majority Leader, to 20 attend the inauguration of President Ouattara 21 on the 21st of May in Yamoussoukro. I come 22 before you today to invite this great nation, 23 United States, the great nation of democracy, 24 to help us, to help Cote d'Ivoire to foster 25 democracy, the rule of law in our society.

Candyco Transcription Service, Inc. 1 I come before you today to invite 2 you to take part of the reconstruction of the 3 nation of Cote d'Ivoire, to develop economic 4 ties not only with Cote d'Ivoire but beyond, 5 to the West African region, which comprises 6 250 million people, 250 million consumers, 7 larger than the United States market. I'm 8 here before you to invite your business 9 community to take part of the development, 10 economic development of Cote d'Ivoire. 11 I thank you for your attention. 12 (Applause.) 13 ACTING PRESIDENT O'MARA: Senator 14 Libous. 15 SENATOR LIBOUS: Thank you, 16 Ambassador Bamba. Certainly, on behalf of all 17 the members in the chamber, it is an honor to 18 have you with us here today, and we certainly 19 appreciate your remarks. Thank you, sir. 20 Mr. President, I believe that 21 Senator Diaz has a resolution at the desk. 22 Could we please read it in its entirety and 23 then call on Senator Diaz. 24 ACTING PRESIDENT O'MARA: The 25 Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Legislative 2 Resolution Number 520, by Senator Diaz, 3 commemorating the 100th Anniversary of the 4 founding of the Republic of China. 5 "WHEREAS, The Republic of China, 6 which was founded by Dr. Sun Yat-Sen in 1912, 7 was the first republic in Asia; and 8 "WHEREAS, 2011 marks the 100th 9 anniversary of the founding of the Republic of 10 China; and 11 "WHEREAS, For more than several 12 decades, the Republic of China has worked to 13 establish itself as a strong and successful 14 model of democracy in Taiwan and remained a 15 bright beacon of democracy in Asia and the 16 world; and 17 "WHEREAS, Through Cross-Strait 18 dialogues, the establishment of the Economic 19 Cooperation Framework Agreement with Mainland 20 China and a policy of flexible diplomacy which 21 are implemented by the government under 22 President Ma Ying-Jeou, Taiwan has transformed 23 itself to a cornerstone for peace and 24 prosperity in East Asia; and 25 "WHEREAS, Taiwan is the ninth

Candyco Transcription Service, Inc. 1 trading partner and one of the strongest 2 democratic allies of the United States; and 3 "WHEREAS, The United States 4 assisted Taiwan in participating in the World 5 Health Assembly as an observer in May of 2009, 6 and will continue supporting Taiwan's 7 meaningful participation in other United 8 Nations-affiliated organizations such as the 9 International Civil Aviation Organization and 10 the united nations framework convention on 11 climate change; and 12 "WHEREAS, In order to further 13 strengthen the relationship between the United 14 States and the Republic of China, the 15 government of the Republic of China has 16 expressed its hope that the United States will 17 sign a bilateral extradition treaty with 18 Taiwan, include Taiwanese passport holders 19 into the visa waiver program, resume 20 negotiation on a trade and investment 21 framework agreement, and sign a free trade 22 agreement with Taiwan in the near future; and 23 "WHEREAS, The State of New York 24 exported $1.5 billion worth of products to 25 Taiwan in 2010, making Taiwan the 15th largest

Candyco Transcription Service, Inc. 1 foreign market for New York State in 2010, 2 strengthening our economic ties; and 3 "WHEREAS, Many of the United 4 States' top 500 companies headquartered in 5 New York have invested in Taiwan, including 6 IBM, Pfizer, Corning, Citigroup, MetLife, J.P. 7 Morgan and New York Life; and 8 "WHEREAS, The State of New York is 9 home to a thriving overseas Taiwanese 10 community. Both the government of Taiwan and 11 Taiwanese Americans devote themselves to local 12 community service in the State of New York. 13 New York State has maintained a friendly and 14 fruitful sister-state relationship with Taiwan 15 for many years; now, therefore, be it 16 "RESOLVED, That this Legislative 17 Body pause in its deliberations to commemorate 18 the 100th anniversary of the founding of the 19 Republic of China and to express and record 20 its strong commitment to a closer economic 21 partnership with Taiwan; and be it further 22 "RESOLVED, That a copy of this 23 resolution, suitably engrossed, be transmitted 24 to President Ma Ying-Jeou of the Republic of 25 China through the Taipei Economic and Cultural

Candyco Transcription Service, Inc. 1 Office in New York." 2 ACTING PRESIDENT O'MARA: Senator 3 Diaz on the resolution. 4 SENATOR DIAZ: Thank you, 5 Mr. President. 6 Today I'm very honored and proud 7 that we in the New York State Senate are 8 commemorating the 100th anniversary of the 9 founding of the Republic of China. This 10 commemoration, Mr. President, is not only a 11 personal celebration for the people of Taiwan 12 but a celebration for democracy throughout the 13 world. 14 Mr. President, I was struck by 15 something that I read in the history of 16 Taiwan. The people of Taiwan share a 17 conviction that their future must be based on 18 freedom, democracy, human rights, the rule of 19 law, and that only they have the right to 20 decide their own future. 21 In just -- Mr. President and ladies 22 and gentlemen, in just 100 short years Taiwan 23 has accomplished the following: A literacy 24 rate of almost 98 percent. 1.3 million 25 students are enrolled in institutions of

Candyco Transcription Service, Inc. 1 higher education. In several categories 2 relating to the global share of information 3 technology, Taiwan ranks either first or 4 second. 5 Taiwan is not only, ladies and 6 gentlemen, an important economic partner of 7 the United States, it is a strong economic 8 partner for the State of New York as well. As 9 we heard in the resolution, New York State 10 exported $1.5 billion worth of products to 11 Taiwan, making it the 15th -- and I repeat, 12 making it the 15th largest foreign market for 13 New York State in 2010. 14 On a personal note, Mr. President, 15 I have been blessed to be associated with the 16 Taipei Economic and Cultural Council for more 17 than 10 years. I have been especially moved 18 by the Taipei Economic and Cultural Council's 19 commitment to our children's education. This 20 year, as in the past, they have generously 21 donated backpacks filled with school supplies 22 for the annual celebration of the Three Kings 23 that I conduct in my district every year. 24 We deeply appreciate Ambassador 25 Kao's efforts and the generosity of his

Candyco Transcription Service, Inc. 1 associates who donated more than 700 backpacks 2 filled with school supplies to our underserved 3 schoolchildren. As the children in the South 4 Bronx returned to school in January, they had 5 a little extra confidence with those gifts to 6 succeed. 7 Mr. President and ladies and 8 gentlemen, with us today to celebrate this 9 important occasion are Ambassador Andrew J.C. 10 Kao and Mr. David Chien, director of the 11 Taipei Economic and Cultural Office. 12 I am pleased to welcome each of you 13 today to the New York State Senate chamber, 14 and I am privileged, I am privileged to 15 consider you my friends. 16 Mr. President and ladies and 17 gentlemen, in closing I want to once again 18 offer my sincerest congratulations to the 19 people of Taiwan as their beloved country 20 reaches this important milestone. May it have 21 many, many more. 22 Thank you, Mr. President. 23 ACTING PRESIDENT O'MARA: Thank 24 you, Senator. 25 Senator Stavisky on the resolution.

Candyco Transcription Service, Inc. 1 SENATOR STAVISKY: Yes, thank 2 you, Mr. President. 3 I too want to congratulate our 4 friends from the Republic of China, Taiwan, on 5 the 100th anniversary of its founding by 6 Dr. Sun Yat-Sen in 1912. 7 Taiwan is a democracy in a part of 8 the world sorely lacking in democratic 9 institutions and democratic ideals. And they 10 have had leadership right now under 11 President Ma where they have become an 12 economic force, an economic engine in many 13 parts of the world, but particularly in 14 New York State and indeed in my district in 15 Queens County. 16 And I thank Senator Diaz for 17 introducing this resolution, because we 18 understand the importance of the Republic of 19 China. The State of New York is a major 20 exporter of goods to the Republic of China. 21 And in return, they have come and made an 22 investment in New York, and particularly in 23 Queens County and in Flushing. In fact, I'm 24 very proud to represent more than 100,000 25 Asian-Americans living in Queens County in my

Candyco Transcription Service, Inc. 1 district. 2 And what is happening in Queens, 3 for any of you who have been there recently, 4 you see an economic resurgence, almost a 5 renaissance of development. The economy is 6 thriving. Buildings are going up, there's a 7 lot of construction going on. 8 And in addition, they are 9 contributing to the cultural and political 10 infrastructure in our political system. The 11 culture -- the music, the art, the art 12 galleries -- so much is happening. And in 13 fact, the Taipei Economic and Cultural Office 14 recently opened a district office for 15 themselves in Flushing. 16 So I congratulate Ambassador Andrew 17 Kao, his director of the Taipei Economic and 18 Cultural Office, David Chien, and welcome them 19 once again to Albany. 20 And let me add one other point. 21 Senator Diaz spoke about the educational 22 system. And I was very proud to visit one of 23 their universities in Kaohsiung, in the 24 southern part of Taiwan. They have a system 25 of public higher education in their nation,

Candyco Transcription Service, Inc. 1 but they have sister relationships and 2 programs throughout the world. And I'm very 3 proud that some of these programs do exist in 4 the State of New York. 5 So I welcome them once again, my 6 friends from Taiwan, and wish them a very 7 congratulatory year as we celebrate the 8 hundredth anniversary of the founding of the 9 republic of China. Zhe-zhay [ph]. 10 ACTING PRESIDENT O'MARA: Thank 11 you, Senator. 12 This resolution was previously 13 adopted by the Senate on February 15th. 14 Senator Libous. 15 SENATOR LIBOUS: Thank you, 16 Mr. President. 17 At this time could I ask my 18 colleagues if we could have unanimous consent 19 to have Ambassador J.C. Kao address the body. 20 Mr. President, unanimous consent? 21 ACTING PRESIDENT O'MARA: Without 22 objection. 23 Ambassador. 24 SENATOR LIBOUS: Thank you. 25 Ambassador Kao, would you at this

Candyco Transcription Service, Inc. 1 time address the Senate? 2 AMBASSADOR KAO: Mr. President 3 and all the honorable Senators of the great 4 State of New York, it is my great honor to 5 accept this resolution which symbolize the 6 close-bound and also the cordial relations 7 between the two sister states New York and 8 Taiwan. 9 So on behalf of the government and 10 also the people of Taiwan, I accept this 11 resolution with great honor and pride and deep 12 appreciation. 13 It is my firm belief that with our 14 joint efforts of both sides that we can 15 further enhance the already close relations in 16 the future. 17 Thank you so much. 18 (Applause.) 19 ACTING PRESIDENT O'MARA: Senator 20 LaValle. 21 SENATOR LaVALLE: Mr. President, 22 can we go back to reports of standing 23 committees. 24 ACTING PRESIDENT O'MARA: 25 Returning to reports of standing committees.

Candyco Transcription Service, Inc. 1 The Secretary will read. 2 THE SECRETARY: Senator 3 DeFrancisco, from the Committee on Finance, 4 reports the following nomination. 5 As Commissioner of the Office of 6 General Services, RoAnn M. Destito, of Rome. 7 (Applause.) 8 ACTING PRESIDENT O'MARA: Senator 9 DeFrancisco. 10 SENATOR DeFRANCISCO: Thank you 11 for that round of applause. I've never gotten 12 one before when I've moved a nomination, and 13 it's really very nice of all of you. 14 (Laughter.) 15 SENATOR DeFRANCISCO: I proudly 16 stand to move the nomination of RoAnn Destito, 17 who has been nominated by the Governor as 18 commissioner of the New York State Office of 19 General Services. 20 This is again an outstanding 21 appointment by the Governor. Her experience 22 in the Assembly is second to none. She was 23 chair of the Governmental Operations 24 Committee, which gave her insight that will be 25 extremely important for her in carrying out

Candyco Transcription Service, Inc. 1 her duties. 2 Another thing that's important to 3 me is that she's a Central New Yorker, and the 4 Governor recognizes that this part of the 5 state does exist, with good strong people to 6 do good things for the State of New York. 7 But the one thing I want to 8 mention, and then I'll let others speak on her 9 behalf, is not only her outstanding work in 10 the Assembly but her character and her 11 persistence in everything that she did while 12 in the Assembly. 13 And lately both of our bodies, both 14 the Assembly and the Senate, have been 15 tarnished by a few scandals. And all of us, 16 including the Assembly members and the members 17 of the Senate, who try do the right thing are 18 tarnished by that and we're painted with that 19 same broad brush. 20 Well, it's truly refreshing for the 21 Governor to pick out one of our finest to show 22 that the Legislature of the State of New York 23 does have good people that do good things and 24 do them in the right way. And that's what 25 RoAnn Destito symbolizes.

Candyco Transcription Service, Inc. 1 The affection that she has by her 2 members, the members of the Assembly, is well 3 shown by all the Assembly members who are here 4 today. There were more here earlier, but we 5 had to conduct foreign relations first and 6 they had to go back and actually have their 7 own Assembly session. 8 So with that said, I am very proud 9 and pleased to move the nomination of RoAnn 10 Destito, and I would call on Senator Griffo to 11 second the nomination. 12 Thank you. 13 ACTING PRESIDENT O'MARA: Senator 14 Griffo. 15 SENATOR GRIFFO: Thank you, 16 Mr. President. 17 I want to welcome Assemblywoman 18 Destito and her family and the friends who are 19 with us today in the East Gallery. Also to 20 the members of the Assembly who are with us 21 today. 22 RoAnn, you may have done another 23 first. You've brought the entire Assembly 24 into the Senate chamber, and we can have a 25 joint session.

Candyco Transcription Service, Inc. 1 (Laughter.) 2 SENATOR GRIFFO: I know the 3 Speaker was also here a little earlier. 4 And it is a day of mixed emotion, 5 because there are many fond memories from a 6 long and distinguished career in serving with 7 the members of the Assembly in the 8 Legislature, working with all of the Senate 9 and the governors throughout her tenure. 10 So it's a day of mixed emotions 11 remembering those fond memories and having a 12 great understanding and appreciation for that, 13 but also it's a time of excitement and renewal 14 and opportunity to undertake new challenges 15 and to embark upon a new path and to use her 16 talent and skills to try to bring us in a 17 direction that we all believe we can achieve 18 greatness in the state again. 19 And that's why I want to thank the 20 Governor, first and foremost, because the 21 Governor made an excellent choice. He has an 22 exceptional candidate here. And we need to 23 give him our thanks and appreciation for his 24 ability to select wisely. 25 And today, surrounded by the people

Candyco Transcription Service, Inc. 1 that she is with, her family and friends I 2 think speak a lot about the individual, as 3 Senator DeFrancisco said, an individual who 4 has been well grounded throughout her entire 5 life, who has a solid foundation on which to 6 lean. That is where she I think got this 7 great skill and interest in public service. 8 The daughter of a firefighter and a 9 public health nurse, early on in life she 10 understood the importance of public service 11 and had a willingness, an interest and a 12 desire to serve her community and to serve the 13 people in her community. 14 So I think that is something that 15 really was developed as a result of a good 16 family and a good foundation. And I think we 17 owe a lot of appreciation to the people that 18 surround her today for what they did. 19 RoAnn has been somebody who the 20 hallmark, in my opinion, of what she has been 21 all about is her persona -- someone who is 22 accessible, someone who is approachable, 23 someone who has demonstrated compassion, 24 someone who has reached out continually to 25 various elements and segments of the community

Candyco Transcription Service, Inc. 1 and who's always conducted herself with 2 dignity and integrity. 3 She undertook her responsibilities 4 as a colleague, and many of us are assembled 5 here today -- and the Speaker is with us 6 again. Welcome, Mr. Speaker. And again, a 7 testament to RoAnn's leadership. I know he 8 doesn't want to lose her; right, Speaker? 9 But the fact here is that as a 10 colleague of all of ours in government, what I 11 always admired -- and I appreciate her 12 mentorship and guidance, particularly as a new 13 member of this Legislature -- is her energy, 14 her enthusiasm, her dedication to ensure that 15 she stayed focused and wanted to get the job 16 done. Because she understands the importance 17 and the significance of getting results for 18 the people that we all serve. 19 She has been a tenacious advocate, 20 someone who really understands and appreciates 21 the importance of working together regardless 22 of region or political affiliation. So I 23 think that is something that I learned and a 24 lesson that I believe we can all learn. 25 And she was also very smart. She

Candyco Transcription Service, Inc. 1 assembled a very talented staff, and they have 2 served her well -- they are with her, I know, 3 upstairs in the gallery today. So as a 4 result, they had a good grasp of the issues, 5 and they fought hard and they really focused 6 on the issues that I think were important to 7 all of us as a state: Improving our local 8 economy, affordable and quality healthcare, 9 enhancing education, both primary, secondary 10 and higher. 11 These are the areas that RoAnn 12 really wanted to make a difference in, as well 13 as making state and local government more 14 accountable. And I think that's where 15 Governor Cuomo really saw some talent that he 16 needed to tap. 17 So those are things, working with 18 her, that I really appreciate, particularly 19 the challenges that we've had to overcome from 20 our community that we come from, some of the 21 darkest days with economic challenges. But it 22 was a resiliency, it was a determination, it 23 was a willingness to say we can achieve good 24 things if we continue to work together. And 25 she was a real leader in those efforts, and I

Candyco Transcription Service, Inc. 1 really respect that and appreciate all of that 2 hard work. 3 So I think one thing we can all say 4 about RoAnn -- and we all know this -- that 5 she's incapable of being stonewalled. So 6 beware, bureaucracy. Because if she goes to 7 the Office of General Services, a very 8 significant department, she has pledged -- I 9 know that she will follow up on this -- a 10 willingness and a responsiveness to working 11 with the Legislature and various segments and 12 agencies across the State of New York. So we 13 look forward to that. 14 In fact, for a long time you were 15 used to taking the heat; now we need to turn 16 to you to provide us some heat during those 17 winter months. So we know -- because OGS has 18 that responsibility to take care of our 19 buildings. Somebody was going to applaud 20 there, I think; that's good. 21 (Laughter.) 22 SENATOR GRIFFO: So the other 23 thing is RoAnn has been extremely involved in 24 the community as an important part of the 25 community, as a person. And for that she has

Candyco Transcription Service, Inc. 1 been recognized and she has achieved and been 2 given countless awards and citations, not only 3 in our local community but across the state. 4 And I think that is a recognition and tribute 5 to the many things that she has done and the 6 many things she means to so many different 7 people. And I think that's another important 8 thing to note today. 9 But I think, most importantly, is 10 she takes another effort really as a pioneer, 11 because she will be the first woman 12 commissioner of the Office of General 13 Services, the significant department that has 14 all of these responsibilities in state 15 government. I think that is something again 16 to give kudos to the Governor, because when he 17 selected, he selected well again in another 18 pioneering way, that RoAnn Destito will be the 19 first commissioner to take on that 20 responsibility. I know she will do it with 21 the same attitude, she will do it with the 22 same approach and the same dignity and 23 hard-fought and hardworking ethic that she 24 possesses and will bring to the job at OGS. 25 And I think in the end what I would

Candyco Transcription Service, Inc. 1 say today, because I know a lot of members 2 want to say something, is in the end it comes 3 down to balance. And she has been able to 4 achieve great balance in her life, because she 5 not only fulfilled the professional demands 6 and responsibilities of elective office, but 7 she had to balance that with taking care of 8 her family and did it in a way which really 9 exudes class. 10 And that is something I know that's 11 so important. That's why so many people are 12 here to support her today. She was a great 13 daughter, sister, wife and mother. And today 14 with her is her mom, her brother and her son, 15 as well as many other extended members of the 16 family and friends who are here today. And I 17 know today Chris and her dad Maurice are 18 smiling. 19 Congratulations, and I second the 20 nomination. 21 (Applause.) 22 ACTING PRESIDENT O'MARA: Senator 23 Nozzolio on the nomination. 24 SENATOR NOZZOLIO: Mr. President, 25 on the nomination.

Candyco Transcription Service, Inc. 1 Mr. President and my colleagues, 2 since the nomination of RoAnn Destito to head 3 the Office of General Services was made 4 public, I looked forward to this moment when I 5 could rise and stand and support this 6 nomination and compliment Governor Cuomo on 7 the wisdom of his choice. 8 I stand because I have had the 9 honor of working with RoAnn in the Assembly 10 and in the Senate in a lot of different ways. 11 And that clearly she was, and is, always 12 helpful, always trying to find the solution, 13 always looking to be supportive of what's 14 important to upstate New York and particularly 15 the Central New York region. 16 I also have always been impressed 17 and admired how RoAnn worked in a bipartisan 18 fashion, never giving care to politics or the 19 political edge, always willing to lend a hand 20 and to fight for something that she believed 21 in and that members of the region believed in. 22 I particularly was honored to serve 23 with RoAnn on the joint conference committees 24 in the areas of public protection. I see the 25 cochair of the public protection committee,

Candyco Transcription Service, Inc. 1 the joint budget conference committee, 2 Assemblyman Lentol, is here. And although he 3 was the chair, along with Senator Volker, they 4 could never explain the 911 system and the 5 complexities of the public protection 6 emergency services system. As a matter of 7 fact, Senator Volker tried to explain it. 8 Assemblyman Lentol was smart enough just to 9 say: "RoAnn, would you please explain it for 10 us?" Because year after year there's no one 11 who has been able to grasp the complexities of 12 that particular project more than she. 13 And that this nominee -- if this 14 nominee can understand that system, the rest 15 of the complexities of state government will 16 be easy for her as she now is in this new 17 important position. 18 I rise not for any reason other 19 than to thank RoAnn Destito for her service in 20 such a kind, supportive, nonpartisan fashion 21 in working for legislative solutions. And 22 that I only believe that this quality person 23 will make a quality commissioner, and as such 24 am proud to stand in support of this wonderful 25 nomination.

Candyco Transcription Service, Inc. 1 Thank you, Mr. President. 2 (Applause.) 3 ACTING PRESIDENT O'MARA: Senator 4 Maziarz on the nomination. 5 SENATOR MAZIARZ: Thank you very 6 much, Mr. President. 7 It's great to see so many members 8 of the Assembly here. Mr. Speaker, it's great 9 to see you here. I said that when you all 10 leave, if you want to take Senator Gianaris 11 back with you, and Senator Peralta, feel free. 12 Feel free. We won't miss them. 13 (Laughter.) 14 SENATOR MAZIARZ: You know, 15 RoAnn, we've been here for a lot of years, 16 many of us have been here for a lot of years, 17 and never have we seen this outpouring from 18 the other house. 19 And we always speak so highly of 20 all of you over here, by the way. 21 (Laughter.) 22 SENATOR MAZIARZ: We've never 23 seen the Speaker and so many members come over 24 here. And it's indicative of the respect and 25 admiration and love that they have for you,

Candyco Transcription Service, Inc. 1 RoAnn. 2 When I picked up that newspaper and 3 I saw that the Governor had nominated you, I 4 said to my wife, I said, "One of the good 5 people got a great appointment here." 6 You will do an excellent job. I 7 think all 62 members here are going to speak 8 up on what a great appointment this is, RoAnn. 9 Senator Alesi asked me to tell you that he 10 needs new paper and a desk and all this other 11 stuff. But -- 12 (Laughter.) 13 SENATOR MAZIARZ: So you'll be 14 getting a lot of calls from us. 15 But congratulations to you and to 16 your family that's here. This is a great 17 person. We are going to miss her in this 18 area. But we know she's going to do a great 19 job for all the people all over the State of 20 New York. 21 Congratulations, RoAnn, and good 22 luck to you. 23 (Applause.) 24 ACTING PRESIDENT O'MARA: Senator 25 Marcellino.

Candyco Transcription Service, Inc. 1 SENATOR MARCELLINO: Thank you, 2 Mr. President. 3 RoAnn, you've made history here 4 today. I don't think any of us have ever 5 heard Senator Joe Griffo talk as long on any 6 issue before the State Senate. So there's got 7 to be something going on here. 8 Now, Senator Maziarz made mention 9 of the fact that there will be some requests 10 from some of the members as to your new 11 position. I personally have a small list. 12 (Laughter.) 13 SENATOR MARCELLINO: But I 14 wouldn't dream of presuming upon you to do 15 that, so I'll wait until about 5 o'clock when 16 you're in your new offices, and I'll send you 17 my list of needs for our offices. 18 (Laughter.) 19 SENATOR MARCELLINO: RoAnn, 20 congratulations. You're a good person. I 21 know your family knows that, and I know your 22 colleagues who have shown up and are here 23 today to speak on your behalf. 24 It was a pleasure working with you 25 in the Italian-American Legislators group. I

Candyco Transcription Service, Inc. 1 look forward to your continued attendance at 2 those meetings. We could use the food. 3 And I appreciate, again, if you 4 put -- I appreciate your work ethic, because 5 if you put one-tenth of the effort in this new 6 job that you did in working for the 7 Italian-American Legislators and in your 8 position as an Assemblywoman, this place is 9 going to be spick-and-span and running like 10 Topsy in no time. 11 So thank you, God bless you. And 12 Godspeed. 13 (Applause.) 14 ACTING PRESIDENT O'MARA: Senator 15 Breslin. 16 SENATOR BRESLIN: Thank you, 17 Mr. President. 18 A couple of my colleagues on the 19 other side, Senator Maziarz and Senator 20 Griffo, keep talking about the Assembly 21 members being here. I'd suggest that -- and 22 Senator Griffo, how many of them are together. 23 And, you know, we meet once a year for 24 Regents. I'd suggest there's more combined 25 members here than there ever was for a Regents

Candyco Transcription Service, Inc. 1 vote. 2 And Senator Maziarz suggesting that 3 maybe you would be responsible for bringing 4 some Senators like Senator Gianaris back to 5 the Assembly -- I won't individually point out 6 on the other side those people who come from 7 the Assembly, but there's a few that we'd 8 consider sending back as well. 9 (Laughter.) 10 SENATOR BRESLIN: And I'd be glad 11 to provide Senator Libous with that list 12 immediately after session. 13 But the serious matter is that -- 14 and again, to concentrate on the other side, 15 there's a story that I think shows you what 16 RoAnn Destito is about. 17 When I first got to the Senate 15 18 years ago, I had a long chat with RoAnn and we 19 talked about some of the people in this house 20 and that house. And I'd heard the Senator in 21 her area was Ray Meier, who I at that time did 22 not know. And I asked RoAnn about Ray Meier. 23 And she proceeded not to say anything about 24 Democratic, Republican. She talked about Ray 25 as being a very bright, caring, good on the

Candyco Transcription Service, Inc. 1 issues, does his homework and a wonderfully 2 nice guy. And that's exactly who Ray Meier 3 is. And he became a very good friend of mine. 4 But it showed the nonpartisan part 5 of RoAnn Destito. And not to say, rightfully, 6 that RoAnn can't be partisan, because I admire 7 that part of her as well. 8 But most of all, I admire the 9 combination of her attributes -- her decency, 10 her honesty, her work ethic, her involvement 11 in everything. And the discussion has been on 12 education, it's been on healthcare, it's been 13 on constituent services, it's been on 9/11. 14 And all of those are true. And there's 15 nothing that RoAnn Destito can't do. 16 And this Governor has again 17 provided just a wonderful appointment, a 18 wonderful appointment that OGS will -- it will 19 be a challenge, but not a tremendous challenge 20 for someone with the qualities and abilities 21 of RoAnn Destito. 22 I wish her every success, and I 23 know she'll have them and she'll continue to 24 have more. Congratulations. 25 (Applause.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT O'MARA: Senator 2 Libous. 3 SENATOR LIBOUS: Thank you, 4 Mr. President. I too want to rise with my 5 colleagues and second this great nomination. 6 And RoAnn, I'm a little nervous 7 because the Speaker is sitting right here and 8 I want to make sure I do the right thing. And 9 he'll let me know if I do the wrong thing, I'm 10 sure. 11 (Laughter.) 12 SENATOR LIBOUS: You know, all of 13 my colleagues have mentioned your diligence as 14 an outstanding Assemblyperson, one who serves 15 the public, one who cares about people. I had 16 to do some checking on my own. 17 You know, in 1997 I had the 18 pleasure of going to Italy with RoAnn. And we 19 went to Italy and had a great time. And 20 during the trip we saw some good things and 21 ate some good food. And if anyone from the 22 Italian government was here today and I told 23 them that the -- as we met with those many 24 leaders, if I told them that Governor Cuomo 25 had appointed you, they would say "Molto

Candyco Transcription Service, Inc. 1 bene" -- very good, very good. 2 And, you know, my family is from 3 the Utica area. And certainly they have said, 4 over the years, the commitment that you've 5 made, the work -- and they're all Republicans, 6 and they like you. And they supported you. 7 (Laughter.) 8 SENATOR LIBOUS: So it is indeed 9 a pleasure to have you go into this very 10 important position. I just want you to know 11 that I had the Million-Dollar Staircase 12 cleaned for your arrival today. 13 (Laughter.) 14 SENATOR LIBOUS: I met with 15 Deputy Commissioner Hill, who probably does 16 not like me, and we went through the building 17 a couple of weeks ago. And I said, "You know, 18 Assemblywoman Destito is going to become the 19 new commissioner, we have to make sure that 20 this building is in good shape for her." 21 So I wish you the very best, look 22 forward to working with you in your new role. 23 The people up in the Utica-Rome area are going 24 to miss you because you're an outstanding 25 representative. And God bless you.

Candyco Transcription Service, Inc. 1 (Applause.) 2 ACTING PRESIDENT O'MARA: Senator 3 Smith. 4 SENATOR SMITH: Thank you very 5 much, Mr. President. On the nomination. I 6 rise to second that nomination. 7 RoAnn, I just want you to know, my 8 office is 808 in the LOB. So when in fact the 9 time comes and I need a little polish or 10 anything done, just don't forget me. 11 But let me also say to the Assembly 12 colleagues that are here, it's really nice to 13 see you. It really says a lot to see so many 14 of you standing around here. I'm looking 15 at -- now for some reason, all of the ladies 16 are sitting down against the wall. Does that 17 mean that in the Assembly chivalry is not 18 dead, Mr. Speaker? Well, that's an important 19 thing. 20 And to my Assemblywoman, Audrey 21 Pheffer, and also Michele Titus, I will have 22 you know that the Assemblyperson that I met 23 after the two of you gave me my key to the 24 bathroom when I first got elected was RoAnn, 25 who was the young lady who said, "You got

Candyco Transcription Service, Inc. 1 elected to the Senate, you look like a kid, 2 but you'll do all right here." And never did 3 I realize at that moment that I'd end up 4 rising to be the president of the Senate one 5 day. 6 So I want to attribute some of that 7 to you, RoAnn, because you told me, very much 8 so, you should try to aim as high as you want 9 to. 10 Let me say to the Governor, this 11 was a tremendous selection. There are certain 12 things that you do on this floor in the Senate 13 that makes you feel good. Sometimes it's 14 talking about someone that you know who has 15 done a good deed and you do a resolution for 16 them; sometimes it's a bill that you pass that 17 you worked on for years. 18 Today, being able to stand up and 19 talk about RoAnn is a good thing. It's just a 20 nice thing. We feel good about it. We can 21 sleep good tonight about it knowing that the 22 Governor has put a commissioner in charge of 23 an agency that is probably one of the most 24 challenging agencies to run from the 25 governmental operations side, where she was

Candyco Transcription Service, Inc. 1 chair. Understand, colleagues, this is a very 2 difficult operation to manage. 3 So the Governor -- and we all know 4 how the Governor deliberates in his selection 5 of individuals to work in his operation. It 6 took time for the selection. While we are 7 sharing a lot of pleasantries today, and I 8 know we're happy about RoAnn, think about the 9 caliber of the individual that is being 10 appointed. The Governor is a very discerning 11 person. He goes through a great deal of 12 deliberation before he selects the individual 13 that he places in the authority to run an 14 operation that requires a tremendous amount of 15 intellect and skill. 16 What he has done today is selected 17 skill and intellect first. And so for you, 18 Mom, for all the effort that you've put into 19 raising this fabulous young lady, I 20 congratulate you. Because for all the things 21 that you told her when she was growing up that 22 she may have disagreed with you on, she now 23 recognizes that you were right. 24 (Laughter.) 25 SENATOR SMITH: And so,

Candyco Transcription Service, Inc. 1 Mr. President, it is with great pleasure that 2 I stand on this floor of the Senate on this 3 tenth day of May in 2011, at five minutes 4 after 4:00, to be one of the individuals that 5 will be able to go down in history saying that 6 I had the opportunity to second the nomination 7 of the first woman ever to be appointed by a 8 Governor who we all recognize has used a 9 tremendous amount of discernment when he 10 selects somebody. It is a tremendous pleasure 11 for me to stand here and second this 12 nomination, Mr. President. 13 And to my colleagues, you might be 14 losing a very talented young lady, but you are 15 gaining a commissioner that you will have no 16 worries about when it comes to managing the 17 operations of this great state and the 18 buildings in one of the greatest states in 19 this country. 20 Congratulations to you. 21 (Applause.) 22 ACTING PRESIDENT O'MARA: Senator 23 Valesky. 24 SENATOR VALESKY: Thank you very 25 much, Mr. President.

Candyco Transcription Service, Inc. 1 I too am very happy to be able to 2 stand and second the nomination of RoAnn 3 Destito as commissioner of the Office of 4 General Services. 5 First, I want to also thank 6 Governor Cuomo for this nominee. And, you 7 know, when this session concludes and we look 8 back at the highlights of this legislative 9 session, I doubt many reporters will write 10 about the nominees that the Governor has sent 11 to this Senate for confirmation. But they 12 should. Because the quality and caliber of 13 nominees that Governor Cuomo has sent to this 14 State Senate this session has been nothing 15 less than remarkable. And RoAnn Destito 16 certainly tops that list. 17 Each member of this house and those 18 members of the Assembly who are here I'm sure 19 have a story or an experience or something to 20 reflect on in terms of their working 21 relationship as a fellow legislator with you, 22 RoAnn, whether that be in your role as chair 23 of the Assembly Governmental Operations 24 Committee or the whole host of issues that you 25 have been concerned about. And most

Candyco Transcription Service, Inc. 1 particularly, I know how important education 2 is to you. And every year when we would 3 gather in the Speaker's conference room with 4 superintendents to talk about support for our 5 public schools in the Mohawk Valley and 6 throughout Central New York, how critical and 7 important that is. And we all have those 8 experiences, and we're thankful for those 9 experiences in working with RoAnn. 10 But I think more than that, Senator 11 Griffo and I are two very fortunate Senators, 12 because only he and I have the good fortune of 13 sharing constituents with soon-to-be-former 14 Assemblywoman Destito. And as a result, 15 Senator Griffo and I have the pleasure of 16 working not only here in Albany but where it's 17 really important, back home, back in the 18 district. 19 And as I have had that opportunity 20 over the years, RoAnn -- and you know, we all 21 as elected officials hope that the actions we 22 take and the words we say and the things we do 23 engender a respect for each and every one of 24 us based on the work we do. But I want the 25 members to know here that when you watch RoAnn

Candyco Transcription Service, Inc. 1 represent her constituents and you see the 2 kind of love and affection that her 3 constituents feel for her, that's something 4 very special. You know, and that's not 5 something that we all have. It's something we 6 all would hope to have, perhaps, and it's 7 something we might strive to achieve, but that 8 is an indication to me of a public servant who 9 is truly, truly special in the eyes of the 10 people that she serves. 11 So, RoAnn, I know that back home, 12 you know, your constituents, some might be a 13 little sad to be losing you in providing 14 representation for them in the State Assembly. 15 But I know and Senator Griffo knows that the 16 19.5 million New Yorkers are the ones who are 17 gaining so much as we confirm you here today 18 on the floor of this State Senate as 19 commissioner of the Office of General 20 Services. 21 Congratulations. 22 (Applause.) 23 ACTING PRESIDENT O'MARA: Senator 24 Seward. 25 SENATOR SEWARD: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 I'm delighted to join my colleagues 3 in rising to support the confirmation of RoAnn 4 Destito as our next commissioner of the Office 5 of General Services. 6 And to our colleagues from the 7 Assembly and the many guests in the gallery, I 8 just want to say welcome to RoAnn Destito Day 9 in the State Senate. 10 (Laughter.) 11 SENATOR SEWARD: It certainly has 12 proven to be that, and appropriately so. 13 You know, following up on Senator 14 Valesky's comments, even though I do not 15 actually share constituents with RoAnn, 16 because part of my Senate district, 17 particularly Herkimer County, is part of the 18 Mohawk Valley I have had the good fortune of 19 being a member of the Mohawk Valley delegation 20 here in Albany. And RoAnn and I and of course 21 a number of our colleagues have served 22 together, working together in a bipartisan way 23 on behalf of the people of our region of the 24 state. 25 And I have witnessed firsthand how

Candyco Transcription Service, Inc. 1 hard and tirelessly RoAnn has worked on behalf 2 of our region, whether it is working to bring 3 good jobs to the Mohawk Valley, fighting for 4 our schools and our educational system, 5 fighting for good quality healthcare and 6 daycare for our region, and of course working 7 to bring transparency and accountability to 8 government, both the state and local 9 governments. 10 RoAnn has been a tireless and 11 effective advocate for her constituents in our 12 region of the state. When I think of RoAnn 13 Destito, I would have to say that she is the 14 consummate public servant. And the people of 15 the Mohawk Valley have benefited greatly 16 because of her service over the years in the 17 Assembly. 18 And now the people throughout the 19 state will benefit from her talents and her 20 energy. She will be a member of the 21 Governor's cabinet and our commissioner of the 22 Office of General Services. 23 So I'm delighted, RoAnn, to stand 24 here to congratulate Governor Cuomo on an 25 outstanding nomination, to congratulate you

Candyco Transcription Service, Inc. 1 personally and your many family and friends 2 who are joining you here today. I know that 3 you are going to be an outstanding 4 commissioner, based on your record, and I wish 5 you all the best and Godspeed. 6 (Applause.) 7 ACTING PRESIDENT O'MARA: Senator 8 Skelos. 9 SENATOR SKELOS: Thank you, 10 Mr. President. 11 I too would like to join my 12 colleagues in supporting your confirmation, 13 RoAnn. 14 I'd like to start off by welcoming 15 the Speaker to our chamber. Welcome to all of 16 our Assembly colleagues and friends. When I 17 walked in before, I thought we were going to 18 be doing a Regents confirmation with all the 19 Assembly people here. 20 (Laughter.) 21 SENATOR SKELOS: But, RoAnn, 22 you've been an outstanding public official in 23 the Assembly -- always greeting people with a 24 smile, the fact that you work so diligently on 25 behalf of your constituents. And I know that

Candyco Transcription Service, Inc. 1 the Governor has made a wonderful appointment. 2 I know also you must be having some 3 mixed emotions here because you see the love 4 and affection that your colleagues have for 5 you, certainly in the Assembly where you've 6 served with them for so many years. But 7 remember, you have an awful lot of people in 8 the State Senate here that also have a 9 tremendous amount of respect for you. 10 And we know that you're going to be 11 an outstanding commissioner and that our work 12 with you will continue, just in a little 13 different vein. So congratulations to you. 14 (Applause.) 15 ACTING PRESIDENT O'MARA: Senator 16 Fuschillo. 17 SENATOR FUSCHILLO: Thank you 18 very much, Mr. President. 19 I too rise, really out of fear that 20 if I don't say anything nice about her, she'll 21 call me tomorrow and say, "What the heck's the 22 matter with you, you couldn't get up and talk 23 about me?" 24 (Laughter.) 25 SENATOR FUSCHILLO: I rise for no

Candyco Transcription Service, Inc. 1 other reason -- I share no constituent 2 stories, we represent districts on opposite 3 sides of the state. But I rise because over 4 my more than 13 years in the Legislature now, 5 I've got to know a lady who is just terrific. 6 Has a lot of class. 7 She's not shy. She came to my 8 office last year and said, "Why is your door 9 shut? If you're going to keep it shut, put a 10 sign on it that says 'Open. Please come in.'" 11 I didn't do it, and one day she came back and 12 she yelled at me, "Where's your sign?" So on 13 the third day, I had that sign up there. 14 You know, you've always carried 15 yourself with such grace and dignity and class 16 and compassion. You're very considerate. And 17 I made you cry in the Senate Finance, and I 18 apologize for that. 19 But this is a new chapter in your 20 life and one that is certainly worthwhile, and 21 you've earned it. And while you have your 22 family and friends here, and so many loved 23 ones here, and the Speaker in the Senate 24 chambers, I know that those that aren't here 25 are looking down upon you and they're smiling

Candyco Transcription Service, Inc. 1 because this is a great day for you. And it's 2 just another extension of your life. 3 I wish you the best, and I know 4 we'll see each other soon. I proudly vote aye 5 on this nomination, Mr. President. 6 (Applause.) 7 ACTING PRESIDENT O'MARA: Senator 8 Klein. 9 SENATOR KLEIN: Thank you, 10 Mr. President. 11 I too rise and congratulate our 12 Governor on this very important appointment of 13 RoAnn Destito as the next commissioner of 14 Office of General Services. 15 I've had the privilege of serving 16 with RoAnn in the Assembly for 10 years. And 17 when you serve in a legislative body, and 18 especially when you're new to that legislative 19 body, you sort of, you know, look to other 20 members. And you sort of learn some of the 21 good things that they do. And certainly RoAnn 22 was that person -- her intelligence, her work 23 ethic, and most importantly, I think, her 24 dedication to the residents of her district 25 and to the residents of the State of New York.

Candyco Transcription Service, Inc. 1 She was someone who cared deeply 2 about public service and fought hard for the 3 people that she served. I remember when 4 Griffiss Air Force Base closed in her 5 district, it was the federal government that 6 did this. A member of Congress should have 7 stood up and, you know, fought it or tried to 8 get something there in its place, but not 9 RoAnn. RoAnn stood up, took it upon herself, 10 shouldered the burden. 11 I remember traveling to Israel with 12 Speaker Silver and RoAnn where she actually 13 single-handedly managed to get an Israeli 14 helicopter company to locate at Griffiss Air 15 Force Base, thus not only saving jobs but 16 creating jobs. 17 These are the types of things that 18 unfortunately most elected officials don't do. 19 They take their job not as personal, 20 sometimes, as RoAnn did. But RoAnn, I think, 21 when she saw that air force base close, she 22 felt very personal about it. She knew the 23 people that worked there. She knew it meant 24 jobs to her community. And she knew she had 25 to do something for the community that she

Candyco Transcription Service, Inc. 1 loved. 2 And I know she's going to take her 3 intelligence, her work ethic, and I think her 4 zest for public service and make an 5 outstanding commissioner. 6 It's my pleasure, Mr. President, to 7 second this nomination. 8 (Applause.) 9 ACTING PRESIDENT O'MARA: Senator 10 Gianaris. 11 SENATOR GIANARIS: Thank you. 12 Mr. President, I'm very proud to be 13 a member of the State Senate. I enjoy greatly 14 serving with my colleagues. I can tell from 15 listening to Senator Maziarz earlier that they 16 enjoy serving with me as well. 17 (Laughter.) 18 SENATOR GIANARIS: But the fact 19 is that my arrival here was bittersweet for me 20 because I was leaving a lot of friends behind 21 in the Assembly. So it's so good to see so 22 many of them here joining us today. 23 And what's making the move just a 24 little bit easier for me is that one of the 25 people who I missed the most in the Assembly

Candyco Transcription Service, Inc. 1 will no longer be serving there, because we're 2 confirming her today to be the commissioner of 3 the Office of General Services. 4 RoAnn Destito, for many of us, was 5 a role model in the Assembly. We deal with a 6 lot of difficult and controversial decisions 7 in the Legislature, as everybody here knows. 8 And one of the things that always swayed me on 9 those moments was asking myself the question 10 or asking RoAnn the question what is she doing 11 on this issue. She is a person who is a 12 barometer, and has been, of doing the right 13 thing. 14 And, for me, someone with such 15 integrity, with such intelligence to be 16 serving in this role could not be a more 17 perfect pick for this administration. The 18 Legislature's loss in this case will be the 19 Governor's gain. But I know we all look 20 forward to working with her in a new capacity 21 and helping her be every bit of the success 22 that we know she will become. 23 So congratulations to RoAnn 24 Destito, and I urge everyone to vote in favor 25 of the confirmation.

Candyco Transcription Service, Inc. 1 (Applause.) 2 ACTING PRESIDENT O'MARA: Thank 3 you, Senator. 4 Senator Hassell-Thompson. 5 SENATOR HASSELL-THOMPSON: Thank 6 you, Mr. President. 7 I, like many in this chamber, did 8 not serve with RoAnn Destito in the Assembly. 9 But I can tell you that in the women's caucus 10 and on the issues of MWBE, we could not have 11 done without her. 12 She's a contradiction in terms. 13 There's a calmness, but there's such a 14 strength behind the way she deliberates. And 15 when it got real hot and furious in the 16 women's caucus at times, she'd say, "Well, why 17 don't we take a look at this." And it was the 18 calmness that she brought to situations. 19 And believe me, in state government 20 we need that kind of calmness. We need 21 somebody who is going to look at the big 22 picture and to ensure that we don't become 23 parochial in the way that we run OGS. And I 24 can depend upon her to know that. 25 I'm going to miss her as somebody

Candyco Transcription Service, Inc. 1 who I've come to respect and admire in this 2 position. But I'm also glad that she's only a 3 phone-call-extension away in terms of still 4 being there for us. I think that we all know 5 she will always be there when we need her to 6 be. She's changed capacities, which is 7 wonderful for her and certainly is going to be 8 wonderful for the State of New York. 9 We're going to miss you greatly. 10 Congratulations to you personally. Thank you. 11 Thank you, Mr. President. 12 (Applause.) 13 ACTING PRESIDENT O'MARA: Senator 14 Peralta. 15 SENATOR PERALTA: Thank you, 16 Mr. President. 17 I rise today to also commend the 18 Governor for a great choice in RoAnn Destito. 19 It is truly evident to see that RoAnn Destito 20 is a great choice because you have so many 21 Senators from both sides of the aisle stand up 22 and praise RoAnn Destito. 23 RoAnn Destito represented her 24 constituents of the 116th Assembly District 25 with dignity, respect and professionalism.

Candyco Transcription Service, Inc. 1 And I know she is going to bring the same type 2 of passion, the same type of integrity, the 3 same type of sincerity and warmth that she 4 brought to her district to OGS. 5 RoAnn Destito epitomizes work 6 ethic, commitment, dedication. And she 7 understands, she has a true understanding of 8 the State Legislature. 9 She is so popular, at one point she 10 was so popular that when there was a vacancy 11 for the Secretary of State and they were 12 looking for a Latino, we recommended that she 13 change her name to RoAnn Destito Sanchez. 14 (Laughter.) 15 SENATOR PERALTA: That didn't 16 quite work out. But the Governor actually, I 17 think, got the message and he nominated her 18 for commissioner of OGS. 19 RoAnn is loved, as you can see, by 20 so many of the Assembly members that are here 21 today that come here to pay her tribute. But 22 she's also going to be missed. And I know 23 that she's going to be hearing from many of 24 her colleagues in the Assembly as well from 25 many of us in the Senate. And there's already

Candyco Transcription Service, Inc. 1 a list that's growing. 2 But I want to congratulate the 3 Governor. I want to congratulate RoAnn 4 Destito for accepting this commissionership, 5 because I know you're going to do a great job, 6 RoAnn. Thank you so much for all you've done 7 for all of us. And I know you're going to do 8 a great job as commissioner of OGS. 9 I second the nomination, 10 Mr. President. 11 (Applause.) 12 ACTING PRESIDENT O'MARA: Thank 13 you, Senator. 14 Senator Larkin. 15 SENATOR LARKIN: Thank you, 16 Mr. President. It was a long wait, but I'm 17 glad. 18 You know, Ro, your mother's sitting 19 there. Joe and I were talking, and Tommy, 20 about our trip to Italy. And when the Pope 21 said to you -- the Pope looked at you and your 22 mother and he said, "Where are you from?" And 23 Ro was a typical New Yorker: "I'm from Rome." 24 He said, "You didn't have far to come, did 25 you?"

Candyco Transcription Service, Inc. 1 (Laughter.) 2 SENATOR LARKIN: You know, I go 3 back, bills that we've worked on, things that 4 we've done in your area, in mine. My proudest 5 moment was the fact that whether it was 6 somebody in Ulster, somebody in Orange that 7 had an issue that you could help address, you 8 did it wholeheartedly. You gave it every bit 9 of your knowledge, your honesty, and your 10 integrity. 11 I just want to tell you something. 12 A few days after she got appointed, you know, 13 a smart Irish Catholic, I call her up and say, 14 "I have a constituent that he has a problem 15 and an idea." And she said, "Where are you?" 16 And I told her. She said, "Would you believe 17 I'm on the Canadian border?" I said, "Would 18 you take this message?" She said, "No, give 19 me his number and I'll call him." 20 Two hours later he called me back 21 and he said, "I just met on the phone one of 22 the nicest human beings in public service." 23 And I said, "I told you." 24 She followed up it with Steve and 25 everything else. We have a constituent that

Candyco Transcription Service, Inc. 1 was ready to go to Connecticut, and because of 2 you he's going to stay here. But that's a 3 mark of all your service. You always put 4 those that need assistance before yourself. 5 But I just want to tell you that if 6 you think you're going far away, you're not. 7 We all know John Egan's old number, and we 8 were told it's yours now. So we will get to 9 you. 10 (Laughter.) 11 SENATOR LARKIN: I wish you the 12 best. I've seen some nominations come here in 13 the 31 years that I've been here. But this is 14 a nomination that I'm very proud of. 15 But I have to tell you some bad 16 news. I talked to your mother before, and she 17 said, "I told her 'You're still going to have 18 to take out the garbage and make the beds.'" 19 (Laughter.) 20 SENATOR LARKIN: Good night, and 21 God bless you. 22 (Applause.) 23 ACTING PRESIDENT O'MARA: Senator 24 Flanagan. 25 SENATOR FLANAGAN: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 RoAnn, everybody keeps talking 3 about how great the Governor is doing. I 4 think he's probably in his office saying 5 "Thank God she said yes." For starters. 6 (Laughter.) 7 SENATOR FLANAGAN: But I listened 8 to all the comments, and I want to echo some 9 of them. 10 One, I think you are an intensely 11 loyal Democrat but an extraordinarily 12 bipartisan legislator. And you can be both, 13 and I think the Speaker could attest to that. 14 Your longevity and your service to your 15 conference is something that shouldn't be 16 overlooked. 17 And I think that, to echo what a 18 number of people said, in my opinion you 19 embody all the qualities that we should look 20 for and hope for in our public servants, not 21 only in the short term but in the long term. 22 And simply put, you represent all the positive 23 facets of what it means to be a lady, in every 24 sense and respect of the word. 25 But I want to take a slightly

Candyco Transcription Service, Inc. 1 different tack. A lot of people are talking 2 about your legislative accomplishments. And 3 sometimes we don't realize how we can learn 4 from people, and sometimes people don't 5 realize how we learn from them. And I'm going 6 to tell you why I've admired you and why I 7 think you will continue to do an outstanding 8 job as a public servant. Because you're real 9 people. There's no airs, you don't put 10 anything on out there. What you see is what 11 you get and who you see is who you get. 12 And I feel like you have been a 13 very strong example, and I hope your son could 14 attest to this, about life and balance. Being 15 a mother and being involved in politics and 16 having your children grow up and watch your 17 political career -- because I've had the same 18 thing -- I still think in many respects it's 19 more challenging for a mother to fill that 20 role. 21 And from a personal standpoint, a 22 professional standpoint, you've helped me keep 23 balance in my own life and you never even knew 24 it. And I think that you do that for many 25 people in ways that they don't even

Candyco Transcription Service, Inc. 1 understand. 2 So I only wish you the best. And 3 your ascension is good for you; more 4 importantly -- and equally as important, I 5 should say -- it's very good for the people of 6 the State of New York. Congratulations. 7 (Applause.) 8 ACTING PRESIDENT O'MARA: Senator 9 Savino. 10 SENATOR SAVINO: Thank you, 11 Mr. President. 12 I too want to stand and 13 congratulate Governor Cuomo on this nomination 14 and congratulate Assemblywoman RoAnn Destito. 15 A lot has been said about her by 16 people who served with her in her area, in her 17 part of the state, about how she has been a 18 wonderful representative in providing 19 constituent services. We've heard how she's 20 been critically important in identifying waste 21 and transparency in government. And I myself 22 had the opportunity to work with her on an 23 issue she was in the forefront on, which was 24 identifying savings on IT insourcing, and as a 25 result of it the State of New York is saving

Candyco Transcription Service, Inc. 1 money as we speak and creating a career path 2 for hundreds of people right now. I know 3 she's going to take that type of commitment 4 into the Office of General Services. 5 But I'm also a little bittersweet 6 about losing RoAnn -- not just because she 7 worked very closely with me when I took over 8 the conference of Italian-American 9 Legislators -- and we are so happy that you're 10 going to stay involved. Your commitment to 11 the Italian-American community is noteworthy, 12 and we would be lost without you -- but also 13 because we're going to lose a female member of 14 the Legislature. We don't have enough of 15 them. 16 And she's been a role model for so 17 many of us of what a legislator should be. 18 And I know I'm going to miss her, and I know 19 many of the other women in the Assembly who 20 are sitting over there patiently waiting for 21 this moment are going to miss her, because she 22 is the epitome of an elected official. 23 And most importantly -- I think 24 Billy Larkin and John Flanagan said it best -- 25 she's one of the nicest people in this

Candyco Transcription Service, Inc. 1 building, and she's a real person. And that 2 can't be said for a lot of us. 3 (Laughter.) 4 SENATOR SAVINO: So 5 congratulations, RoAnn, congratulations to 6 your family, and congratulations to the 7 Governor. 8 (Laughter; applause.) 9 ACTING PRESIDENT O'MARA: Senator 10 Young. 11 SENATOR YOUNG: Thank you, 12 Mr. President. 13 I too rise to give my sincere 14 congratulations to RoAnn Destito. And I 15 welcome the Speaker and my former colleagues 16 from the New York State Assembly. 17 I had the great privilege of 18 serving in the Assembly for six and a half 19 years, and I think of all of my colleagues 20 there with great affection. But there are 21 people who really stand out. And RoAnn, 22 you're one of those people who really stands 23 out. Because of your hard work ethic, because 24 you were so willing to listen to others, 25 because you have a passion for public service.

Candyco Transcription Service, Inc. 1 And when you think about 19 years 2 of service and all of the lives that you've 3 touched during that time. And you know you 4 worked on the macro issues, the state budget, 5 solving issues with the budget, solving issues 6 legislatively. 7 But I think that as you look back 8 on your public service you'll also remember 9 all of the individuals in your district who 10 you have helped -- the children, the seniors, 11 the people who needed a job, the families who 12 needed something from the state. And I know 13 you were so diligent, you have been so 14 diligent about meeting those needs. And you 15 have so many special memories from that. 16 So as you look back at your career, 17 I think you should think about those people 18 but also think about those people from the 19 standpoint that as you have helped them, they 20 have gone out and helped others and touched 21 others' lives, so it's grown exponentially as 22 they've gone forward. 23 And that's really the legacy of 24 your work in the State Assembly, because it's 25 like ripples on a pond. You've touched their

Candyco Transcription Service, Inc. 1 lives, and they've gone out and touched 2 others. And you have so much to be proud of 3 because of that fact. 4 So I want to congratulate you. I 5 also want to ask you a special favor. As you 6 know, we were out on the staircase and Audrey 7 also is leaving, so the Legislative Women's 8 Caucus was taking a picture together as a 9 commemoration of this day. And if you serve 10 in the Assembly, you'll know what I'm talking 11 about. But if you serve in the Assembly you 12 have a special place in your heart for Wayne 13 Jackson, the Sergeant-at-Arms. And I can tell 14 that Wayne is very, very sad at losing. 15 So the special favor that I would 16 ask is that every once in a while you pick up 17 the phone and give Wayne a call to see how 18 he's doing, because I know it would really 19 make his day. 20 So again, congratulations. Best 21 wishes. I so look forward to working with you 22 in a new capacity. I know you're going to be 23 excellent at what you do, just like you've 24 been in the past. So again. 25 And thank you, Mr. President.

Candyco Transcription Service, Inc. 1 (Applause.) 2 ACTING PRESIDENT O'MARA: Senator 3 Liz Krueger. 4 SENATOR KRUEGER: Thank you. 5 Well, Commissioner, pretty much 6 everything has been said. So I want to say 7 wow, you have a lot of friends. I want to 8 congratulate Governor Cuomo on the excellent 9 nomination, but I want to mention it looks 10 like you might be more popular. So maybe 11 you'll think of other career paths also. 12 You are a great public servant. We 13 are proud of you as women, as legislators. 14 And we look forward to seeing you as going 15 down in history as a great commissioner. 16 Congratulations. 17 Thank you. 18 (Applause.) 19 ACTING PRESIDENT O'MARA: Any 20 other Senator wishing to be heard? If there 21 is any that hasn't been heard yet. 22 Thank you. Congratulations, RoAnn. 23 It's a pleasure to be presiding today over 24 your nomination. And it was a pleasure and an 25 honor serving with you in the Assembly for the

Candyco Transcription Service, Inc. 1 years that I was there. 2 And I welcome, again, all my 3 Assembly colleagues here, Speaker Silver to 4 the chamber today to participate in this. 5 While I haven't been here very long, this is 6 the most speakers that I've seen so far for 7 any nomination here in the year that I've been 8 here. And it kind of feels the way that it 9 does when Tom DiNapoli shows up in the 10 Assembly with the cheering section that he 11 has. 12 (Laughter.) 13 ACTING PRESIDENT O'MARA: So my 14 congratulations to you, RoAnn. 15 Without any further Senators 16 wishing to be heard, the question is on the 17 nomination of RoAnn Destito as commissioner of 18 the New York State Office of General Services. 19 All in favor signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT O'MARA: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT O'MARA: RoAnn 25 Destito is hereby confirmed as commissioner of

Candyco Transcription Service, Inc. 1 the New York State Office of General Services. 2 Congratulations. 3 (Cheers; extended standing 4 ovation.) 5 ACTING PRESIDENT O'MARA: I would 6 like to just take a moment to recognize some 7 of the family that RoAnn has with her today. 8 Her mother, Rose Maggiolino. 9 (Applause.) 10 ACTING PRESIDENT O'MARA: Her 11 son, Christopher Destito. 12 (Applause.) 13 ACTING PRESIDENT O'MARA: RoAnn's 14 brother and sister-in-law, Maurice and Janet 15 Maggiolino. 16 (Applause.) 17 ACTING PRESIDENT O'MARA: Her 18 aunt and uncle Bernard and Antoinette Turi. 19 (Applause.) 20 ACTING PRESIDENT O'MARA: Her 21 aunt Victoria Balzano. 22 (Applause.) 23 ACTING PRESIDENT O'MARA: Her 24 cousin the Honorable Supreme Court Judge 25 Bernadette Clark and her husband Tom Clark.

Candyco Transcription Service, Inc. 1 (Applause.) 2 ACTING PRESIDENT O'MARA: Cousin 3 Mary Rose and Dan Behan. 4 (Applause.) 5 ACTING PRESIDENT O'MARA: And 6 cousin Joseph "Bud" Gigliotti. 7 Welcome to all of you being here 8 today. 9 (Applause.) 10 ACTING PRESIDENT O'MARA: Senator 11 Libous. 12 SENATOR LIBOUS: Thank you, 13 Mr. President. 14 Mr. President, that was not bad for 15 an Irish kid, pronouncing all those names. 16 (Laughter.) 17 ACTING PRESIDENT O'MARA: Trust 18 me, you put the wrong guy up here today for 19 that. 20 SENATOR LIBOUS: Mr. President, 21 why don't we just take a moment and pause 22 while the Assembly members go back to the 23 Assembly. I don't want anybody to move. And 24 then we're going to go to motions and 25 resolutions.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT O'MARA: Senator 2 Libous [gaveling]. 3 SENATOR LIBOUS: Thank you, 4 Mr. President. Can we return to motions and 5 resolutions, please. 6 ACTING PRESIDENT O'MARA: 7 Returning to the order of motions and 8 resolutions. 9 SENATOR LIBOUS: Thank you, 10 Mr. President. 11 At this time can we adopt the 12 Resolution Calendar, with the exception of 13 Resolution Numbers 1678, 1716, 1726, and 1736. 14 ACTING PRESIDENT O'MARA: All in 15 favor of adopting the Resolution Calendar, 16 with the exception of resolutions 1678, 1716, 17 1726 and 1736 signify by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT O'MARA: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT O'MARA: The 23 Resolution Calendar is adopted. 24 Senator Libous. 25 SENATOR LIBOUS: Mr. President,

Candyco Transcription Service, Inc. 1 Senator Peralta has a resolution before the 2 body. Could we have its title read and then 3 call on Senator Peralta, please. 4 ACTING PRESIDENT O'MARA: The 5 Secretary will read. 6 THE SECRETARY: Legislative 7 Resolution Number 1726, by Senator Peralta, 8 welcoming the students and faculty of the 9 Lexington School for the Deaf/Center for the 10 Deaf as they visit Albany, New York, on 11 May 10, 2011. 12 ACTING PRESIDENT O'MARA: Senator 13 Peralta. 14 SENATOR PERALTA: Thank you, 15 Mr. President. 16 I want to congratulate the 17 Lexington School for the Deaf/Center for the 18 Deaf, and I want to welcome them here today. 19 The School for the Deaf is a 20 New York institution that has been serving the 21 deaf and hard of hearing communities in 22 New York for nearly 150 years. Its special 23 emphases are in helping the deaf and hard of 24 hearing to realize their full potential in 25 both the deaf and hard of hearing worlds,

Candyco Transcription Service, Inc. 1 ensuring mastery of expressive and receptive 2 communication skills, designing, constructing 3 and using evolving communication technologies, 4 being a leading advocate for the deaf and hard 5 of hearing communities. 6 The needs of Lexington's students 7 and clients increasingly reflect the 8 challenges posed by society, with many living 9 in poverty and facing significant obstacles to 10 accessing healthcare and obtaining decent 11 employment. Many are recent immigrants for 12 whom the complex adjustment to life in the 13 United States is made more difficult because 14 of deafness. 15 Since its founding as a school, 16 Lexington has evolved to offer vital services 17 in a wide range of important areas. They have 18 a Lexington Center for Mental Health Services, 19 the Lexington Vocational Services Center. 20 They have three Lexington early-intervention 21 programs. They also have a Lexington licensed 22 childcare and universal pre-K center that 23 provides full daycare for children ages 24 12 months through pre-K. And there's also the 25 Ralph and Ricky Lauren Center for the

Candyco Transcription Service, Inc. 1 Performing Arts. 2 So for all the wonderful work that 3 the school has done and the center has done, 4 please accept our sincere thanks for an 5 important and extraordinary job well done that 6 the center has done throughout its many years. 7 And every year the kids from the 8 center come to Albany and they have a very 9 important basketball game. They play against 10 the members of the Assembly and the members of 11 the Senate. This year I won't be playing, but 12 I just would ask of them please go easy on our 13 members. 14 (Laughter.) 15 SENATOR PERALTA: Because every 16 year it seems, since I'm no longer playing -- 17 I haven't played for the last three or four 18 years. But every year since then, you have 19 really, really beat us. So please go easy on 20 our members tonight and enjoy the game. 21 Mr. President, I would like to 22 welcome the School for the Deaf/Center for the 23 Deaf here today in the Senate chambers. 24 (Applause.) 25 ACTING PRESIDENT O'MARA: Thank

Candyco Transcription Service, Inc. 1 you, Senator Peralta. 2 Senator Adams. 3 SENATOR ADAMS: I just want to 4 join my colleague Senator Peralta and thank 5 him. And I also want to thank this body that 6 we reinstated funding to many of these 7 schools, St. Francis School in my district. 8 And all these young people ask is 9 for an opportunity. And I think it's 10 important that we give them the opportunity. 11 Even with the physical impediments that they 12 have to overcome, they do not sit back and 13 look for someone to give them a handout. They 14 just want the opportunity to receive the same 15 level of quality education that all of our 16 children would like to have. 17 And I think that when Senator 18 Peralta invites the school up, it gives us an 19 opportunity to interact with these young 20 people, so they cannot be leaders of tomorrow 21 but they can be leaders of today to ensure 22 that we live in a society that is tolerant of 23 all individuals regardless of whatever 24 obstacles they physically must overcome, that 25 they should have the opportunities to thrive

Candyco Transcription Service, Inc. 1 and to achieve whatever levels they desire. 2 So I thank you, Senator Peralta. 3 And I hope that we all understand 4 that children who are in the same level of 5 educational challenges as these young people 6 should be given those opportunities as those 7 schools in my district and I'm pretty sure 8 other districts throughout the State of 9 New York. 10 Thank you, Mr. President. 11 ACTING PRESIDENT O'MARA: Thank 12 you, Senator. 13 (Applause.) 14 ACTING PRESIDENT O'MARA: The 15 question is on the resolution. All those in 16 favor signify by saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT O'MARA: 19 Opposed? 20 (No response.) 21 ACTING PRESIDENT O'MARA: The 22 resolution is adopted. 23 Senator Libous. 24 SENATOR LIBOUS: Thank you, 25 Mr. President.

Candyco Transcription Service, Inc. 1 Senator Little has a resolution 2 that was previously adopted. It's Number 3 1539. Could we have the title read and then 4 please call on Senator Little at this time. 5 ACTING PRESIDENT O'MARA: The 6 Secretary will read. 7 THE SECRETARY: Legislative 8 Resolution Number 1539, memorializing Governor 9 Andrew M. Cuomo to proclaim May 9-15, 2011, as 10 Fibromyalgia Awareness Week in the State of 11 New York. 12 ACTING PRESIDENT O'MARA: Senator 13 Little. 14 SENATOR LITTLE: Thank you, 15 Mr. President. 16 And thank you to my colleagues as 17 you join me and the Governor as we proclaim 18 March 9th to 15th as Fibromyalgia Awareness 19 Week. 20 An estimated 10 million people in 21 the United States and millions of people 22 worldwide have been affected by fibromyalgia, 23 which is an illness that causes debilitating 24 fatigue and chronic pain in women, men and 25 children of all ethnicities.

Candyco Transcription Service, Inc. 1 Fibromyalgia is also a disease that 2 frequently takes up to five years to get a 3 good diagnosis and a good handle on what you 4 actually have. It is also a disease for which 5 there is no known cure, so people with 6 fibromyalgia have to learn to live with it. 7 This resolution and our purpose 8 here today is to increase awareness and to 9 expand knowledge of the realities of life with 10 fibromyalgia, which will allow the community 11 at large to better support people who struggle 12 with this disease and the challenges that this 13 chronic pain disorder affects. 14 The National Fibromyalgia 15 Association has joined together with the 16 International Institute for Human Empowerment, 17 which is based in New York State, to promote 18 awareness and support of fibromyalgia and to 19 include improved education, diagnosis, 20 research and treatment. 21 And in our own area, the 22 Neurosciences Department of Albany Medical 23 Center conducts medical research and provides 24 continuing medical education for physicians 25 and other healthcare providers, patients and

Candyco Transcription Service, Inc. 1 caregivers in fibromyalgia. 2 We are joined today by several 3 doctors and staff members from Albany Medical 4 Center, the Department of Neurosciences: 5 Doctors Charles Argoff, James Wymer, Frank 6 Rice, Phil Albrecht, Margaret Czerwinski, the 7 nurse research coordinator, Katy Reagan, 8 office manager, and Jennifer Price, director 9 of continuing medical education. 10 And from the International 11 Institute for Human Empowerment, which is 12 based in Albany: Sue Shipe, executive 13 director; Jonathan Cooper, medical advisor to 14 the institute; and Ira Mendleson III, who is 15 the Social Security disability attorney. 16 It is our hope today that this 17 resolution will increase awareness and thereby 18 help people support and recognize those who 19 have been afflicted by fibromyalgia, to try to 20 make their lives more comfortable and 21 certainly to improve on the research and 22 education that is needed for this disease. 23 Thank you very much for joining me. 24 (Applause.) 25 ACTING PRESIDENT O'MARA: This

Candyco Transcription Service, Inc. 1 resolution was previously adopted by the 2 Senate on May 3rd. 3 Senator Young. 4 SENATOR YOUNG: Thank you, 5 Mr. President. 6 There is a resolution at the desk, 7 Number 1678, by Senator McDonald. May we 8 please have the title read and move for its 9 immediate adoption. 10 ACTING PRESIDENT O'MARA: The 11 Secretary will read. 12 THE SECRETARY: Legislative 13 Resolution Number 1678, honoring The Garafalo 14 Family upon the occasion of being selected as 15 the 2011 March of Dimes-Northeastern New York 16 Division Ambassador Family. 17 ACTING PRESIDENT O'MARA: Senator 18 McDonald on the resolution. 19 SENATOR McDONALD: Thank you, 20 Mr. President. 21 We have an amazing story here today 22 about the March of Dimes and a miracle. We're 23 honoring a family from my community, Saratoga 24 Springs: Elizabeth and Greg Garafalo, as the 25 Northeast March of Dimes family ambassador.

Candyco Transcription Service, Inc. 1 In 2005, they had something 2 terrible and unique happen to them. They had 3 a premature baby that weighed one pound and 4 two ounces. They turned for help, and the 5 March of Dimes was there. 6 And they're here today, after 7 several operations and several traumatic 8 points in their life, to say that things do 9 work out, there is hope. There are 10 organizations out there who care, and 11 sometimes they go that extra mile when they're 12 supported, when they're funded. And the March 13 of Dimes did that for my family in Saratoga 14 County. 15 This family stood tall, and they 16 want to share that with everybody. And the 17 Northeast March of Dimes Division made them a 18 family ambassador. Think about it: 1 pound, 19 2 ounces. Many of us are parents and 20 grandparents, nieces and nephews. The fear, 21 the sadness. 22 With us today from the March of 23 Dimes: Tony Vecchiotti, who is the chairman 24 of the March of Dimes Public Affairs 25 Committee; Frank DeMeo, New York State

Candyco Transcription Service, Inc. 1 director of the March of Dimes; Aisha Tator, 2 state director for the March of Dimes Public 3 Affairs; and last but not least, Elizabeth and 4 Greg Garafalo. God bless you. 5 (Applause.) 6 SENATOR McDONALD: Miracles do 7 happen, sir. Thank you. 8 ACTING PRESIDENT O'MARA: Thank 9 you, Senator. The question is on the 10 resolution. All those in favor signify by 11 saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT O'MARA: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT O'MARA: The 17 resolution is adopted. 18 Senator Young. 19 SENATOR YOUNG: Thank you, 20 Mr. President. 21 May we please take up Resolution 22 Number 1736, by Senator Fuschillo. May we 23 please have the title read and move for its 24 immediate adoption. 25 ACTING PRESIDENT O'MARA: The

Candyco Transcription Service, Inc. 1 Secretary will read. 2 THE SECRETARY: Legislative 3 Resolution Number 1736, memorializing Governor 4 Andrew M. Cuomo to proclaim May of 2011 as 5 Skin Cancer Detection and Prevention Month in 6 the State of New York. 7 ACTING PRESIDENT O'MARA: The 8 question is on the resolution. All those in 9 favor signify by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT O'MARA: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT O'MARA: The 15 resolution is adopted. 16 Senator Young. 17 SENATOR YOUNG: Mr. President, I 18 wanted to let you know that Senator Fuschillo 19 has asked that if anyone would like to be a 20 cosponsor, we'll put them on. Basically what 21 we'll do is if anybody doesn't want to be a 22 cosponsor, just let the desk know. 23 ACTING PRESIDENT O'MARA: Thank 24 you, Senator Young. 25 Senator Young.

Candyco Transcription Service, Inc. 1 SENATOR YOUNG: Mr. President, on 2 page number 24 I offer the following 3 amendments to Calendar Number 396, Senate 4 Print Number 2399A, and ask that the bill 5 retain its place on the Third Reading 6 Calendar. 7 ACTING PRESIDENT O'MARA: The 8 amendments are received and adopted, and the 9 bill retain its place on the Third Reading 10 Calendar. 11 SENATOR YOUNG: Thank you, 12 Mr. President. 13 On page number 32 I offer the 14 following amendments to Calendar Number 477, 15 Senate Print Number 3996, and ask that the 16 bill retain its place on the Third Reading 17 Calendar. 18 ACTING PRESIDENT O'MARA: The 19 amendments are received and adopted, and the 20 bill retain its place on the Third Reading 21 Calendar. 22 SENATOR YOUNG: Thank you, 23 Mr. President. 24 On page number 16 I offer the 25 following amendments to Calendar Number 260,

Candyco Transcription Service, Inc. 1 Senate Print Number 4054, and ask that said 2 bill retain its place on the Third Reading 3 Calendar. 4 ACTING PRESIDENT O'MARA: The 5 amendments are received and adopted, and the 6 bill retain its place on the Third Reading 7 Calendar. 8 SENATOR YOUNG: Thank you, 9 Mr. President. 10 I move to commit Senate Print 11 Number 4268, Calendar Number 512 on order of 12 third reading, to the Committee on Finance. 13 ACTING PRESIDENT O'MARA: So 14 ordered. 15 SENATOR YOUNG: Thank you, 16 Mr. President. 17 I move that the following bill be 18 discharged from its respective committee and 19 be recommitted with instructions to strike the 20 enacting clause: Senate Number 5011. 21 ACTING PRESIDENT O'MARA: So 22 ordered. 23 SENATOR YOUNG: Thank you, 24 Mr. President. 25 I move that the following bill be

Candyco Transcription Service, Inc. 1 discharged from its respective committee and 2 be recommitted with instructions to strike the 3 enacting clause. And that's Senate Number 4 4853. 5 ACTING PRESIDENT O'MARA: So 6 ordered. 7 SENATOR YOUNG: Thank you, 8 Mr. President. We're getting toward the end 9 here. 10 On page number 30 I offer the 11 following amendments to Calendar Number 450, 12 Senate Print Number 592, and ask that said 13 bill retain its place on the Third Reading 14 Calendar. 15 ACTING PRESIDENT O'MARA: The 16 amendments are received and adopted, and the 17 bill will retain its place on the Third 18 Reading Calendar. 19 SENATOR YOUNG: Thank you, 20 Mr. President. 21 At this time may we please take up 22 the noncontroversial reading of the calendar. 23 ACTING PRESIDENT O'MARA: The 24 Secretary will read. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 264, by Senator Alesi, Senate Print 3736A, an 2 act to amend the Economic Development Law. 3 SENATOR YOUNG: Lay it aside for 4 the day. 5 ACTING PRESIDENT O'MARA: The 6 bill is laid aside for the day. 7 THE SECRETARY: Calendar Number 8 353, by Senator Flanagan, Senate Print 4396, 9 an act to amend the Penal Law. 10 ACTING PRESIDENT O'MARA: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 90th day. 14 ACTING PRESIDENT O'MARA: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. Nays, 18 1. Senator Duane recorded in the negative. 19 ACTING PRESIDENT O'MARA: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 432, by Senator Young, Senate Print 2775, an 23 act to amend the Environmental Conservation 24 Law. 25 ACTING PRESIDENT O'MARA: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT O'MARA: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT O'MARA: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 433, by Senator Farley, Senate Print 3244, an 12 act to amend the Environmental Conservation 13 Law. 14 ACTING PRESIDENT O'MARA: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT O'MARA: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 58. Nays, 22 3. Senators Duane, Parker and Perkins 23 recorded in the negative. 24 ACTING PRESIDENT O'MARA: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 434, substituted earlier today by Member of 3 the Assembly Sweeney, Assembly Print 5971, an 4 act to amend Chapter 690 of the Laws of 1988. 5 ACTING PRESIDENT O'MARA: Read 6 the last section. 7 THE SECRETARY: Section 6. This 8 act shall take effect upon the enactment. 9 ACTING PRESIDENT O'MARA: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT O'MARA: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 436, by Senator Grisanti, Senate Print 4323, 17 an act to amend the Environmental Conservation 18 Law. 19 ACTING PRESIDENT O'MARA: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT O'MARA: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 60. Nays, 2 1. Senator Duane recorded in the negative. 3 ACTING PRESIDENT O'MARA: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 440, by Senator Ritchie, Senate Print 4415, an 7 act to amend the Judiciary Law. 8 ACTING PRESIDENT O'MARA: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT O'MARA: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 61. 16 ACTING PRESIDENT O'MARA: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 449, substituted earlier today by Member of 20 the Assembly Bronson, Assembly Print 6152, an 21 act to amend Chapter 219 of the Laws of 2002. 22 ACTING PRESIDENT O'MARA: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT O'MARA: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT O'MARA: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 451, by Senator Diaz, Senate Print 1313A, an 9 act to amend the Penal Law. 10 ACTING PRESIDENT O'MARA: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the first of 14 November. 15 ACTING PRESIDENT O'MARA: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT O'MARA: Senator 19 Diaz. 20 SENATOR DIAZ: Yes, 21 Mr. President. I just would like to express 22 my appreciation to Senator Skelos and to this 23 chamber. 24 On January 2nd there was an article 25 in the New York Times about the condition of

Candyco Transcription Service, Inc. 1 prostitution near a school. The article said: 2 "At all hours of the day, prostitutes roam the 3 streets around the school waiting for cars 4 entering and leaving the Cross-Bronx 5 Expressway. They bend over car windows and 6 climb inside in plain view of students walking 7 to and from the school. 8 "The prostitutes also have sex 9 inside a tent on top of a boulder directly 10 below the school. Students, from 11 prekindergarten to fifth graders, can see 12 mattresses, cushions and sheets strewn about 13 the rock. Custodians often have to sweep 14 condoms and hypodermic needles from the school 15 grounds." 16 That was January 2nd. On 17 January 7th, the Daily News also wrote about 18 the condition. 19 When I read about it, I came to 20 Senator Skelos and I met with him and I asked 21 him for his help in moving this bill. And 22 today I'm proud that this bill is being made a 23 reality, and I express my appreciation to all 24 of you. 25 And I hope that the other chamber,

Candyco Transcription Service, Inc. 1 the Assembly -- and the one that carries the 2 bill in the Assembly is Assemblyman Michael 3 Crespo -- and that the Speaker and the other 4 house move this bill and that the Governor 5 signs it. Because this is a serious 6 condition. 7 And I thank all of you and 8 especially Senator Skelos for his help in 9 moving this bill. 10 Thank you. 11 ACTING PRESIDENT O'MARA: Senator 12 Diaz will be recorded in the affirmative. 13 Announce the results. 14 THE SECRETARY: Ayes, 59. Nays, 15 2. Senators Duane and Parker recorded in the 16 negative. 17 ACTING PRESIDENT O'MARA: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 453, by Senator Golden, Senate Print 3401, an 21 act to amend the Education Law. 22 ACTING PRESIDENT O'MARA: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT O'MARA: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT O'MARA: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 455, substituted earlier today by Member of 9 the Assembly Magee, Assembly Print 5719, an 10 act to amend Chapter 335 of the Laws of 2005. 11 ACTING PRESIDENT O'MARA: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT O'MARA: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT O'MARA: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 456, by Senator Lanza, Senate Print 3803, an 23 act to amend the Education Law. 24 ACTING PRESIDENT O'MARA: Read 25 the last section.

Candyco Transcription Service, Inc. 1 SENATOR YOUNG: Lay it aside for 2 the day. 3 ACTING PRESIDENT O'MARA: The 4 bill is laid aside for the day. 5 THE SECRETARY: Calendar Number 6 514, by Senator Saland, Senate Print 698, an 7 act to amend the Highway Law. 8 ACTING PRESIDENT O'MARA: Read 9 the last section. 10 THE SECRETARY: Section 4. This 11 act shall take effect immediately. 12 ACTING PRESIDENT O'MARA: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. Nays, 16 1. Senator Perkins recorded in the negative. 17 ACTING PRESIDENT O'MARA: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 517, by Senator Lanza, Senate Print 4659, an 21 act to amend Chapter 468 of the Laws of 2006. 22 ACTING PRESIDENT O'MARA: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT O'MARA: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT O'MARA: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 521, by Senator LaValle, Senate Print 1457, an 9 act to amend the Public Health Law. 10 ACTING PRESIDENT O'MARA: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT O'MARA: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 56. Nays, 18 5. Senators Farley, Griffo, Little, Maziarz 19 and Ritchie recorded in the negative. 20 ACTING PRESIDENT O'MARA: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 535, by Senator Flanagan, Senate Print 4393, 24 an act to amend the Executive Law. 25 ACTING PRESIDENT O'MARA: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT O'MARA: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 59. Nays, 8 2. Senators Duane and Montgomery recorded in 9 the negative. 10 ACTING PRESIDENT O'MARA: The 11 bill is passed. 12 Senator Young, that completes the 13 noncontroversial reading of the calendar. 14 SENATOR YOUNG: Thank you, 15 Mr. President. 16 Is there any other business at the 17 desk? 18 ACTING PRESIDENT O'MARA: There 19 is none. 20 SENATOR YOUNG: Mr. President, 21 there being no further business to come before 22 the Senate, I move we adjourn until Wednesday, 23 May 11th, at 11:00 a.m. 24 ACTING PRESIDENT O'MARA: On 25 motion, the Senate stands adjourned until

Candyco Transcription Service, Inc. 1 Wednesday, May 11th, at 11:00 a.m. 2 (Whereupon, at 5:04 p.m., the 3 Senate adjourned.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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