Thursday, January 24, 2013

ACTING PRESIDENT GRIFFO:All in favor of adopting the Resolution Calendar, with the exception of Resolution 228, signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The Resolution Calendar is adopted.

Senator Libous.

SENATOR LIBOUS:Mr. President, I believe there's a previously adopted resolution by Senator Parker, Number 107, at the desk.

May we have the resolution read in its entirety, move for its immediate adoption, but I would assume that Senator Montgomery will speak on behalf of the resolution.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 107, by Senator Parker, mourning the death of New York State Court of Appeals Judge Theodore T. Jones, Jr.

"WHEREAS, It is the sense of this Legislative Body to pay tribute to those singular individuals who devoted their purposeful lives to preserving the rights and protecting the welfare of the citizens of their community and the State of New York; and

"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, it is the sense of this Legislative Body to mourn the death of New York State Court of Appeals Judge Theodore T. Jones, Jr.; and

"WHEREAS, Judge Theodore Jones, Jr., one of seven jurists on New York's top court, died on Monday, November 5, 2012, at the age of 68; and

"WHEREAS, Judge Theodore Jones, Jr., became a State Supreme Court Justice in Brooklyn in 1990 and joined the Court of Appeals in 2007 after being nominated by Governor Eliot Spitzer. He was co-chairman of the court's task force on wrongful convictions, which recommended videotaping police interrogations, steps to prevent suggestive police lineups for witnesses, and expanding defense access to DNA evidence. He was the current court's only African-American and chaired its diversity committee; and

"WHEREAS, Theodore Jones, Jr., was born on March 10, 1944. His mother was a teacher, and his father worked on the Long Island Railroad, becoming a stationmaster; and

"WHEREAS, Judge Theodore Jones, Jr. graduated from Hampton University in Virginia and later joined the United States Army in 1967, serving in the Vietnam War and attaining the rank of captain; and

"WHEREAS, Judge Theodore Jones, Jr. graduated from St. John's University School of Law in 1972. He worked at the Legal Aid Society, focusing on criminal defense work. He was elected twice to the State Supreme Court; and

"WHEREAS, Judge Theodore Jones, Jr. is survived by his wife, Joan, and sons, Wesley and Theodore III; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to mourn the death of New York State Court of Appeals Judge Theodore T. Jones, Jr.; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the family of Judge Theodore T. Jones, Jr."

ACTING PRESIDENT GRIFFO:Senator Montgomery.

SENATOR MONTGOMERY:Thank you, Mr. President.

I appreciate you allowing me to say a few words regarding the Honorable Ted Jones, Theodore T. Jones, who was one of the few times that I had an opportunity to actually see and participate in having one of the people that I knew very personally nominated and advanced to the highest court in our state.

I want to thank you for listing many of the accomplishments of his. I did not hear but you probably did say he was a member of the Omega Psi Phi fraternity, and in that capacity as a fraternal member he was very much involved in monitoring and working with young people and being an inspiration for them and many others, especially people who were engaged in the field of law.

I want to just mention as well that Judge Jones was affiliated with organizations in his own community. He was connected with people, worked with those of us who were trying to figure out how to address issues as it related to juvenile justice and criminal justice, and was a very, very committed and special and unique person.

He was not just a judge. He was a family man. His sons were very, very important to him; he was very much involved in their lives. He and his wife were very much a part of our community. And I really felt so proud that he as a friend was able to advance to such a high position in our state.

I want to memorialize him as one of the great and important leaders, especially African-American leaders, in the State of New York. And I thank you for allowing me to say a few words to honor him and memorialize him.

Thank you.

ACTING PRESIDENT GRIFFO:Thank you, Senator Montgomery.

Can I have some order in the chamber, please.

Senator Carlucci.

SENATOR CARLUCCI:Thank you, Mr. President.

And I want to echo the words of my colleague Senator Montgomery. Judge Theodore Jones was someone that I got to know. He was a neighbor of mine, lived in New City. And I got to know him when I was the town clerk; he would come to the clerk's office. And I had the good fortune of being able to pick his brain.

And what an outstanding man of character and served this state so well. And as Senator Montgomery had mentioned, not only was he a tireless advocate for equal justice and for making sure that he served as a role model for future generations, but before he was even involved in legal service, he served our nation in Vietnam and came back and continued to serve or community.

So I'm so honored and privileged to be in this body today as we recognize the life, the legacy, and the good work that Judge Theodore Jones committed his life towards this state. So thank you for honoring his life, his legacy, and I thank my colleagues for voting on this resolution.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Carlucci.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes, I rise in support of this resolution, and I thank Senator Montgomery for bringing it to the floor.

I was chairman of the Judiciary Committee at the time when Theodore Jones was nominated by the Governor to be appointed to the highest court of the state. And I never knew him before. We were contemporaries, starting and conducting our lives in totally different areas of the state but on a parallel course.

And I learned that when I met him in New York City for the first time. I was in New York City, we'd made a meeting to talk before he came up before the full Senate or even before the committee, the Judiciary Committee.

What an outstanding, class guy. We immediately bonded, we immediately talked about things that we had in common about our lives. And I knew that day, without even reviewing the various qualifications that he had, that he would be an outstanding judge. And the reason I knew that is because he had impeccable character, he was a class individual, and he was very empathetic. He was someone who I knew as a judge would listen to both sides.

And later I learned his background. In his background he worked for the Legal Aid Society, he moved up into private practice, he became a Supreme Court judge where he heard a very, very politically controversial case in New York City and got a lot of heat over it but held his course and I believe made the right decision.

And I'm just proud to have known him. I got to know him better once he became a Court of Appeals judge. And it's just a terrible thing, a terrible loss that we've experienced in the State of New York by losing this great jurist and great person.

So I wholeheartedly endorse this resolution, and I'm very proud to vote aye at the appropriate time.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Senator DeFrancisco, thank you.

Senator Ruth Hassell-Thompson.

SENATOR HASSELL-THOMPSON:Thank you, Mr. President.

I rise to congratulate my colleague on bringing forth the resolution for Justice Ted.

He was the first judge -- I remember serving with Senator DeFrancisco on that committee, and I really was concerned because we really almost interrogated him. There were so many questions that were asked of him at his nomination.

But I was very proud of the way he handled himself, and I was also proud of the fact that it was the first African-American justice that I had the opportunity to vote for and to make a recommendation for. And he never allowed himself to let down the people who had faith in him.

And I remember one of the cases that came before his court that I had some real angst about, because my husband used to work for the Transit Authority and I remember when they did that strike and Roger Toussaint went to prison. And so I'm saying, Gee, you know, here are two men that I revere and like, and yet they were at cross-purposes.

But that's what life brings you to sometimes. And the decisions that he made were the ones that I think he believed were fair and correct.

But he was an awesome person to our community as a whole, and he certainly brought, as Senator DeFrancisco says, he brought a lot of class I thought to the bench.

And thank you for the opportunity to say a few words on behalf of him and a family who will be devastated for a very long time at the loss of a true father and an upstanding man for the community in which he lived and beyond.

ACTING PRESIDENT GRIFFO:Thank you, Senator Hassell-Thompson.

The resolution was adopted on Tuesday, January 15th, unanimously.

I would ask all the members to please rise in a moment of silence as we remember the late Justice Theodore T. Jones of the New York State Court of Appeals.

(Whereupon, the assemblage rose and respected a moment of silence.)

ACTING PRESIDENT GRIFFO:Senator Libous.

SENATOR LIBOUS:Mr. President, the resolution was previously adopted, but the sponsor would like to open this up to all the members for cosponsorship.

So as we normally do here in the chamber, all members will be placed on the resolution. Unless for some reason you choose not to have your name added, and then please let the desk know.

ACTING PRESIDENT GRIFFO:So noted.

The resolution is open for cosponsorship. Please notify the desk if you do not want to be a cosponsor.

SENATOR LIBOUS:Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Libous.

SENATOR LIBOUS:I believe there's a resolution at the desk by Senator Perkins, Number 228. And may we please have the resolution read in its entirety and then we'll move for its adoption, and I would assume that Senator Perkins would wish to speak on the resolution.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 228, by Senator Perkins, commemorating the 150th Anniversary of the Emancipation Proclamation.

"WHEREAS, It is the sense of this Legislative Body to commemorate significant events which represent turning points in our unique history and which are indelibly etched in the saga of our great nation; and

"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to commemorate the 150th Anniversary of the Emancipation Proclamation; and

"WHEREAS, On January 1, 1863, Abraham Lincoln presided over the annual White House New Year's reception. Late that afternoon, he retired to his study to sign the Emancipation Proclamation; and

"WHEREAS, The Emancipation Proclamation arose from many causes and was the work of many individuals. It began at the outset of the Civil War, when slaves sought refuge behind Union lines, and did not end until December 1865, with the ratification of the 13th Amendment, which irrevocably abolished slavery throughout the nation; and

"WHEREAS, A crucial turning point in history, the Emancipation Proclamation embodied a double emancipation: for the slaves, since it ensured that if the Union emerged victorious, slavery would perish; and for Abraham Lincoln himself, for whom it marked the abandonment of his previous assumptions about how to abolish slavery and the role blacks would play in post-emancipation American life; and

"WHEREAS, The Emancipation Proclamation marked a dramatic transformation in the nature of the Civil War and in Abraham Lincoln's own approach to the problem of slavery, as no longer did he seek the consent of slave holders; and

"WHEREAS, Within the Emancipation Proclamation, Abraham Lincoln addressed blacks directly, not as property subject to the will of others, but as men and women whose loyalty the Union must earn; and

"WHEREAS, For the first time, Abraham Lincoln welcomed black soldiers into the Union Army. Over the next two years, some 200,000 black men would serve in the Army and Navy, playing a critical role in achieving Union victory; and

"WHEREAS, Abraham Lincoln also urged freed slaves to go to work for reasonable wages in the United States; and

"WHEREAS, From the first days of the Civil War, slaves had acted to secure their own liberty. The Emancipation Proclamation confirmed their insistence that the war for the Union must become a war for freedom; and

"WHEREAS, The Emancipation Proclamation added moral force to the Union cause and strengthened the Union both militarily and politically. As a milestone along the road to slavery's final destruction, the Emancipation Proclamation has assumed a place among the great documents of human freedom; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to commemorate the 150th Anniversary of the Emancipation Proclamation."

ACTING PRESIDENT GRIFFO:Senator Perkins.

SENATOR PERKINS:Mr. President, this past weekend I was in Washington, D.C., celebrating with my wife one of the most monumental moments in our country's history, the second inauguration of President Barack Obama. As the first elected official in New York State to endorse President Obama in 2007, this event was especially moving for me.

Today, however, I stand before you to celebrate another significant event in our country's history. One hundred and fifty years ago, Abraham Lincoln asserted the equality of African-Americans in the United States through the signing of the Emancipation Proclamation.

Our nation was at a seemingly irreversible tipping point, Confederate and Union soldiers spilling the blood of thousands of Americans to establish state's rights versus the collective betterment.

The Emancipation Proclamation acknowledged blacks as more than shackled labor, but as whole individuals, as men and women who could fight for this country and choose their own pathways.

This courageous act on the part of Abraham Lincoln, who faced opposition from both sides as to whether he should incorporate blacks into the American fabric post-slavery inspired and continues to inspire in all of us the courage to be our better selves, to listen to the voices of the oppressed and to fight for their rights.

Women's suffrage, the civil rights movement, and the movement for equal marriage rights have all stemmed from Lincoln's assertion that no matter what creed, gender or preference, we are all equal under the law. Great people who have touched our lives -- such as Dr. Martin Luther King, Jr., Medgar Evers, President Kennedy, Barack Obama -- have continued Lincoln's legacy of promoting civil rights and justice for all people.

Today I urge my colleagues in the Senate to acknowledge and uphold the tenets surrounding the Emancipation Proclamation not only through thoughts but through actions, to hold ourselves accountable for the unheard voices of our constituents and act under the goals of fairness and equality.

Thank you.

ACTING PRESIDENT GRIFFO:Thank you, Senator Perkins.

Senator Hassell-Thompson.

SENATOR HASSELL-THOMPSON:Thank you, Mr. President.

I too went to the inaugural this year. And the position of where I was sitting allowed me to turn around and look behind me, and you can't imagine what the sight of one million people looks like in an orderly congregation.

But it was awesome, and to have celebrated so many events on the same day -- the birth of Dr. King, the inauguration of my president, and the 150th anniversary of the Emancipation Proclamation.

It was interesting that I watched the movie Lincoln the night before. And I had read two years ago the book Team of Rivals from which the movie came. And I watched the struggle, and that struggle didn't seem very much different than the struggle that we have here in this chamber, every day, fighting to keep rights of people from being rolled back.

It is important to us, particularly as we come to this hallmark of the celebration of the Emancipation Proclamation, as a woman of African heritage to be able to stand here in these chambers with a sense of pride and an understanding of the obligation that I continue to have to invoke policies that move us toward the freedom to which we are all entitled.

Senator Perkins talked about the fact that the Emancipation Proclamation was the door-opener. And it is and has been for every immigrant group who has come to this country, and to everyone who maybe appeared different in the eyes of other people.

And America continues to be a place that people want to come because there is the illusion of freedom. It is our job as we stand here every day to make it a reality. At this moment, it's still only a virtual. We must work harder to make sure that every document of the Constitution is held sacred.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Hassell-Thompson.

Senator Maziarz.

SENATOR MAZIARZ:Thank you very much, Mr. President.

I rise in support of this resolution.

And just a little anecdotal story here, that the State of New York actually has in its possession an original copy of President Lincoln's Emancipation Proclamation. You know, I think there were three of them that he drafted in different forms. And one, through a story that's much too long to tell now, ended up in the possession of the New York State Archives.

And Governor Spitzer, when he first took office, for the first time ever actually put on public display that Emancipation Proclamation in the Red Room right downstairs. And he opened it up for members of the Legislature, the Assembly and the Senate, to go down and view it.

And I have to tell you that not very many members did that, except Senator Libous, myself, Senator DeFrancisco, and Senator Griffo. Senator Lanza. Now all of a sudden everybody did.

(Laughter.)

SENATOR MAZIARZ:But be that as it may -- however -- however -- however, when Governor Spitzer opened it up to the public, it was on a Sunday. And I come up here on Sunday afternoons, and the line was around this building to see it.

If Governor Cuomo is listening -- and he's always listening --

(Laughter.)

SENATOR MAZIARZ:-- I would suggest maybe that the Governor may want to consider doing something like that again.

It is a remarkable document. President Lincoln -- you know, you see those reprints of it and you can hardly read them. President Lincoln's penmanship was perfect. And he had sent it to Secretary Seward for corrections, and you can see where Secretary Seward crossed out some of Lincoln's writing and then he would initial it, "William Henry Seward."

So a little story. Thank you. I rise in support of it.

ACTING PRESIDENT GRIFFO:Thank you, Senator Maziarz.

SENATOR MAZIARZ:Oh, and Senator Robach was there too.

(Laughter.)

ACTING PRESIDENT GRIFFO:It was a pleasure viewing with you.

Senator Krueger.

Can I have some order in the chamber, please.

SENATOR KRUEGER:Thank you, Mr. President.

I also rise to congratulate my colleagues for recognition of the Emancipation Proclamation and the importance of what it meant to this country and the recognition, as my colleague Ruth Hassell-Thompson pointed out, that we take steps in this country and we still have farther to go. And she pointed out the pride she has in the accomplishments of emancipation and equal rights and equality for African-Americans in this country.

I had a resolution that is not on the calendar today honoring the 40th anniversary of Roe v. Wade, which also was a giant step in this country for women's equality and family equality, which I think should have been recognized in the Resolution Calendar today and I'm disappointed it was not.

But again, this is a road to emancipation for us all in this country. And proudly, the State of New York recognized women's rights to make their own decisions even earlier than Roe v. Wade. So this country, like my colleagues just discussing Mr. Lincoln and emancipation, this state has a proud history and a proud future going forward, with some bumps in the road, it appears.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Krueger.

The question is on the resolution. All in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The resolution is adopted.

Senator Libous.

SENATOR LIBOUS:Mr. President, Senator Perkins would like to open this up to all members.

And certainly, as I've mentioned and will mention more frequently on this floor as we move through the legislative session, you will all be placed on the resolution. If for any reason at all you wish not to be placed on the resolution, please let the desk know.

ACTING PRESIDENT GRIFFO:So noted.

The resolution is open to cosponsorship, and please let the desk know if you do not want to be a cosponsor.

Senator Libous.

SENATOR LIBOUS:Mr. President, there is a another resolution that we passed this morning on the Resolution Calendar by Senator Larkin, Resolution 259.

He too would like to open that up for cosponsorship. And we will do so. And if members would just look at the Resolution Calendar. If they have an issue with it, then let the desk know. But I don't believe you will have an issue with it. But that's not for me to determine, that's for you to determine.

ACTING PRESIDENT GRIFFO:Resolution 259 is open for cosponsorship. If you choose not to, please notify the desk.

Senator Libous.

SENATOR LIBOUS:Mr. President, is there any further business at the desk?

ACTING PRESIDENT GRIFFO:There is currently no further business before the desk.

SENATOR LIBOUS:Okay. I would ask members to listen very carefully as to the announcements that are going to take place.

First off, there will be an immediate Health Committee meeting in Room 124, Health Committee meeting in Room 124.

The Health Committee was handed up yesterday. So members who may not know if they're on the Health Committee, just check with the desk and they will inform them.

That will be immediately following session. Or right now off the floor, but we're going to end session anyway.

We are not going to adjourn. We are going to stand at ease. But members need not be around. And for the members' information, the Senate will, after it adjourns later today, will reconvene on Monday, January 28th, at 3:00 p.m., intervening days being legislative days.

Mr. President, will you call on Senator DeFrancisco for purposes of an announcement.

ACTING PRESIDENT GRIFFO:Senator DeFrancisco.

SENATOR DeFRANCISCO: Just a brief announcement. We're on sort of an expedited schedule this year. The budget hearings start Monday. Everyone should have a calendar. And we will follow the same rules as we did the last couple of years.

Thank you.

ACTING PRESIDENT GRIFFO:Thank you, Senator DeFrancisco. So noted.

Senator Libous.

SENATOR LIBOUS:Mr. President, in the spirit of full disclosure, because I saw some looks on faces on both sides of the aisle, the reason why we are standing at ease is that the leaders are finishing up committee assignments.

We would like to hand up those committee assignments today so the committees can be full-functioning on Monday or even beforehand. And so that's why the Senate will stand at ease and not adjourn.

But I believe a member of each conference will be here to adjourn the session later on today once those committee assignments are handed up.

So, Mr. President, at this time could the Senate please stand at ease.

ACTING PRESIDENT GRIFFO:Senator Libous, we will renote that there's an immediate meeting of the Health Committee in Room 124.

The Senate will stand at ease, but we'll reconvene on Monday the 28th at 3:00 p.m.

The Senate is at ease in anticipation of hand-up of committee assignments. The Senate stands at ease.

(Whereupon, the Senate stood at ease at 11:41 a.m.)

(Whereupon, the Senate reconvened at 5:55 p.m.)

ACTING PRESIDENT MARCHIONE:The Senate will come to order.

Senator Savino.

SENATOR SAVINO:Madam President, Senator Klein and Senator Skelos hand up the following committee assignments and ask that such assignments be filed in the Journal.

ACTING PRESIDENT MARCHIONE:So ordered.

Senator Savino.

SENATOR SAVINO:Madam President, is there any other business at the desk?

ACTING PRESIDENT MARCHIONE:There is no further business.

SENATOR SAVINO:There being no further business, I move that we adjourn until Monday, January 28th, at 3:00 p.m., intervening days being legislative days.

ACTING PRESIDENT MARCHIONE:On motion, the Senate stands adjourned until Monday, January 28th, at 3:00 p.m., intervening days being legislative days.

(Whereupon, at 5:45 p.m., the Senate adjourned.)