Monday, March 16, 2015

And on behalf of Senator Hannon, on page 5 I offer the following amendments to Calendar Number 55, Senate Print 676, and ask that said bill would please retain its place on the Third Reading Calendar.

ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.

SENATOR LIBOUS:Mr. President, at this time I would like to take up a privileged resolution by Senator LaValle, have it please read in its entirety. I'd like to open it up for all members' cosponsorship. And then if you could call on Senator Skelos, then Senator LaValle after that.

ACTING PRESIDENT GRIFFO:Thank you.

I would ask for some order in the chamber, please.

The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1024, by Senators LaValle, Skelos, Boyle, Croci, Flanagan, Hannon, Marcellino, Martins and Venditto, mourning the death of former Senator Owen H. Johnson, one of New York State's longest-serving lawmakers and noted community leader.

"WHEREAS, There are certain outstanding members of our community who, through their selfless commitment and dedication, have served to better the quality of life in our community and have had a measurable positive impact on the lives of its residents; and

"WHEREAS, Our local government, our state and our country have endured and been made strong by generations of Americans who felt a sense of responsibility to their community, to one another and to their families; and

"WHEREAS, This Legislative Body wishes to express its sincerest sorrow upon the occasion of the death of former New York State Senator Owen H. Johnson, recognizing his distinguished record of public service as a representative for the people of the 4th Senate District; he died on December 24, 2014, at the age of 85; and

"WHEREAS, Born on July 3, 1929, Owen H. Johnson, a resident of the Town of Babylon, proudly served his country as a member of the United States Marines from 1946-1948; and

"WHEREAS, After being honorably discharged, Owen H. Johnson attended Hofstra College, graduating in 1956 with a Bachelor of Arts degree in history-political science; in 1998, he was recognized by his alma mater with a distinguished Honorary Doctor of Laws degree; and

"WHEREAS, Senator Owen H. Johnson began his illustrious political career with the New York State Senate in 1973; and

"WHEREAS, Throughout his 40 years of distinguished service, representing the people in the Town of Babylon and Islip in Suffolk County, Senator Owen H. Johnson sponsored legislation which created New York's Environmental Protection Fund; and

"WHEREAS, Furthermore, Senator Owen H. Johnson helped to establish New York State's adoption registry, to secure funds to construct the independent league baseball stadium in Islip (home of the Long Island Ducks), and to create New York's Oak Bush Plains State Preserve in Suffolk County; and

"WHEREAS, In 2003, Senator Owen H. Johnson was appointed chairman of the Senate Finance Committee; in this capacity, he led the role of reviewing the Governor's budget proposal and developing the Senate Majority Conference's priorities for the state budget; and

"WHEREAS, As Finance Committee chairman, he also served as a member of the New York State Public Authorities Control Board and was cochairman of the Legislative Audit Committee; he was also chairman of the Senate Subcommittee on the Long Island Marine District; a commissioner of the Atlantic States Marine Fisheries Commission; and vice chair of the Legislative Commission on Government Administration; and

"WHEREAS, Throughout his outstanding career as a New York State Senator, Owen H. Johnson chaired the committees on Transportation, Environmental Conservation, Social Services and Civil Service and Pensions; and

"WHEREAS, On the national level, Senator Owen H. Johnson was a past national chairman and a national director of the American Legislative Exchange Council, the nation's largest individual membership organization of state legislators; and

"WHEREAS, In honor of his extraordinary career, in 1995, Owen H. Johnson was the first recipient of ALEC's Lifetime Leadership Award, which was created to recognize those members who helped shape the organization; and

"WHEREAS, With a strong public spirit, Owen H. Johnson was a member of Cross of Christ Lutheran Church; he is survived by his wife, Christel; two children, Owen H.R. Johnson and Chirsten R.E. (Danny) Tymann; two grandchildren, Eliza and Scarlett; and two brothers, Herbert and John; as well as one sister, Sigrid; and

"WHEREAS, It is the intent of this Legislative Body to inscribe upon its records this tribute to the memory of Senator Owen H. Johnson, that future generations may know and appreciate his admirable character, his many benevolent deeds, and the respect and esteem in which he was held; he will be deeply missed by all he served and befriended; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to mourn the death of former Senator Owen H. Johnson, and to express its deepest condolences to his family; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the family of Owen H. Johnson."

ACTING PRESIDENT GRIFFO:Senator Skelos.

SENATOR SKELOS:Thank you, Mr. President.

Today we really do celebrate Owen's, O.J.'s, life and his accomplishments. And if you want to say one thing about him in Suffolk County, he was Mr. Suffolk County and certainly an institution for so many years.

Owen served his community with passion for decades and left a remarkable legacy that benefited every part of this state.

As I mentioned, O.J., as we all called him, was most passionate about his family, number one, his constituents and his community.

He was adored by his constituents. And if you had the opportunity to be in his district and walk with him and go to meetings, you could see the respect that every single one of those individuals, whether they were Republican or Democrat, had for O.J.

Forty distinguished years of service. The longest tenured State Senator from Long Island ever. He worked under eight different Governors, from Rockefeller to Andrew Cuomo. O.J. said "I first started this adventure when I was 42, when Richard Nixon was president and gasoline was 55 cents a gallon." I think Owen would love to see the price of gasoline go back down to that 55 cents again.

(Laughter.)

SENATOR SKELOS:Many years as chair of the Senate Finance Committee, where he would listen to testimony but also helped create the Senate Republican Conference position as we went into budget negotiations.

He chaired many additional committees and also served as my assistant majority leader.

He sponsored landmark laws. The state's Environmental Protection Fund was an Owen Johnson creation.

For those of us who have been here a few years, we all remember his seafood reception that was held in Albany, the popular event that many of us looked forward to each year. It started off modestly, with just a few bushels of clams and a couple of six packs of beer, which his chief of staff, Rory Whelan, would open. And I'm talking about the beer, not the clams.

(Laughter.)

SENATOR SKELOS:That eventually grew to 3,000 people coming through the seafood lines where you had lobster, clams, clam chowder, baked clams, everything. And it was really about that industry and really small business people coming up from Long Island to show what their product was and how good it was here on Long Island and New York State.

He always worked hard to strengthen our economy. And as I mentioned, every detail -- and I know many of those who worked for Owen are here today -- he paid attention personally to every detail when a constituent had a problem.

Owen had conservative principles, and they were steadfast. But he was also practical, understanding that at some point in government you have to get results. He adapted to that, but never, never compromised his principles.

In our conference -- everybody would say "Owen is so quiet"; you should have been in some of our Republican conferences when Owen felt very strong about an issue. He wasn't shy in terms of promoting that issue, looking to kill legislation if he didn't think it was appropriate. And he didn't care who was in support of it -- the leader, whomever. If he felt strong about that, that was it, Owen was going to express his views.

And then when he retired, he said it's time to spend some time with his family.

And I know, as I mentioned, Christel, he adored you, he adored the entire family, his grandkids. He looked forward to that. But he did have such a passion about being a Senator and a representative of the people.

And all of us who have the opportunity to serve know that it is a sacrifice from the family that we leave every week and come here to Albany. So many of his accomplishments we owe to you, the family, standing behind him, understanding that this was his passion, this is what Owen wanted to do. And you let him do it, and for that we're very, very thankful to you.

What memories you have of a wonderful man. We all have those memories that had the opportunity to serve with him. He was not just a colleague, he was a friend. He would talk to anybody, chat with them, talk about life's experiences. I know he did that an awful lot with Colonel Larkin over at the Fort Orange.

But he didn't care if you were a Democrat, Republican, conservative, liberal -- he would take the time and chat with you and talk about, as I said, his life's experiences, what was going on with his family, and always would love to know what was going on with your family.

So, Mr. President, this is a special day because it gives us the opportunity to salute this incredible, wonderful human being. And we ask that God embrace him, hold him tight, and that he have the peace that Owen earned.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Skelos.

Senator LaValle.

SENATOR LaVALLE: Thank you, Mr. President.

Forty years Owen served in this chamber, 40 years with great distinction. And Owen Johnson was truly a great American. He had great pride and love for this country. He had great love for the county of Suffolk and for the town of Babylon where he grew up. He talked about the Johnson farms repeatedly, and -- but it was done not just casually; you could look in his eyes, whether he was talking about our country, the county, or the town of Babylon.

He had an enormous love affair, and the love affair was right back to him. Because he was able to achieve a dream. He was the guy next door who was fortunate enough to become a State Senator and to be able to do things for his community and for the people in that community.

He was a regular guy. And at his wake, I heard that over and over again from people who he helped with the smallest of problems.

As Senator Skelos indicated, he was steadfast to principles. He stood for something. He stood for something and represented that with passion. And we were lucky to have him as the head of our delegation. And what brought us through, as each of us in this chamber can relate to, is that every delegation has pathways that are not linear, they're difficult. And so Owen was a great leader. Senator Skelos talked about leadership that he was involved in with the leader.

But one thing, and this came across, was his love for his family. Many times we don't share things, we disappear. Where was Owen? Owen went back to a prom event. He was a father first and a Senator second.

There were events that he and Christel attended, and he made sure that he was there. God only knows how many times he had to disappoint, as we all do from time to time.

His stewardship with the environment was incredible. The work that he did in terms of marine life was and is legend.

So it was 40 years, 40 years filled with helping people, shaping a community, trying to keep some of the things that he knew in childhood were important, the town that he lived in.

And I would tell you, I was a staff member when Owen was elected. And when you first met Owen, you thought he came out of central casting. This guy looked like a Senator, acted like a Senator, and I think that we as colleagues were very proud to be associated with him.

And lastly, in closing, great demeanor. As the leader mentioned, he was not a guy who yelled and screamed. But you know, sometimes a quiet and steady hand wins the day, and that was Owen Johnson.

ACTING PRESIDENT GRIFFO:Senator Farley.

SENATOR FARLEY:Thank you, Mr. President.

I rise to pay tribute to -- somebody called him a great American -- a dear friend and somebody I sat next to in conference for 30-some-odd years. Owen was an incredible man and an incredible Senator.

And I offer my sympathy to his family, his wife Christel and his son Owen. As I walked into the chamber, I immediately recognized his brother with the -- he has this Johnson look to him.

You know, as we stand here and celebrate Owen Johnson's life, we have to remember he was a World War II veteran, a Marine. And was he ever proud of being a Marine, and he let you know that.

Owen stood on principle. He was quite a conservative gentleman, to say the least. A national figure, incidentally, who was president of ALEC and helped found the organization. I notice up in the gallery is Rory Whelan, his sidekick and somebody that was immensely close with him.

And you know, Owen, when he was in conference, his cellphone used to go off, which was a no-no, and he would go right underneath the table to talk to his son Owen. He wouldn't shut it off, he'd talk to his son anyway.

When Owen felt deeply on an issue, he stood there. He was resolute on his issues. And you know, for anybody that knew him, he was very kind and gentle with people that didn't necessarily agree with him. But I'll tell you, it didn't change his opinion.

He was a remarkable Senator, and this is a total tribute to the celebration of Senator Owen Johnson's life. And to his family, who he adored, my deepest sympathy. And Owen, rest in peace.

ACTING PRESIDENT GRIFFO:Senator Larkin.

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

I too, like Kenny, met O.J. when I was a staff member. And I remember the first time I went to see him about a bill on civil service and pensions. He said: "And let me tell you, I'm a Marine." I said, "Gee, I think they're few and far between. I'm a soldier." And from that day on, we became good friends.

And when I joined the Legislature, for 30 years -- I don't want to disappoint the family -- I had breakfast with him three to four days a week. I had dinner three or four days. I ate at Grandma's so much, when I walked in they said: "What are you having tonight?"

And O.J. was very good: meatloaf with that white cream. And I looked at that, and I couldn't stand it. Today I ask my wife to make it.

(Laughter.)

SENATOR LARKIN:But you know, one of the things that the family should know about, enjoying him, we sat at a window table, there was two seats there. We went in one night, it had been a long day here, budget time, and we come in and he said, "Somebody's at our seat." So I said, "What do you want me to do?" He said, "Tell them to get out." I said, "You're older than me, you tell them."

(Laughter.)

SENATOR LARKIN:O.J., like a gentleman, said "Did you see the reserved sign here on the table?" And the poor guy had this young girl with him, he was trying to impress her. And he said "No, I didn't."

He said, "Well, I'll let you sit here. But in the future, please look for the sign. I'm the Marine, and he's that dog-face."

(Laughter.)

SENATOR LARKIN:And you know, the thing that I've seen in the morning, especially, for the family, he'd take that cellphone -- when we got cellphones. If not, somebody at the desk would call him and say "Your family's on the phone." He didn't care if they'd just brought the food or he was halfway through it -- it stopped, and he went to that phone.

And I remember when his daughter had her first baby. He come in there, you think he'd won a billion dollars: "I'm a grandfather." I said, "We're not doing too bad." When the second came, Holy God. He said, "Now look at me, I've got two." He said, "Do you realize how proud we should both be with grandchildren?"

What a loving family. And when his son would call him, he said: "My God, he's going to tell me something new in the world." And he said it with pride.

And he talked about the business, and how his daughter took care of the business and how his family was on that tract of land where he was so proud that you were there.

But I want to tell you, when the leader said, or Libous, or whoever was sitting there, "We're finished, it's 3:00" -- get out of his way, he was on his way to Babylon, boy. He was like the trotters in the races. He was out.

(Laughter.)

SENATOR LARKIN:I said, "Could we talk a few minutes?" He said, "Yeah, I'll be in the car. You can call me, I'll be home in two hours."

Of course when we got cellphones, Holy God. He said, "I've got this meeting, I've got this meeting, I've got this meeting -- I'm in and out, and I'm having dinner at home."

And he said to me something that made me feel very good. He said, "You know, we're lucky. We served in World War II. We could have been killed. The good Lord kept us to enjoy a family."

He said, "Billy, no matter what we do, here as a State Senator we do things to make people happy." And I can tell you, he didn't care -- as Kenny said, he didn't care what your branch was, all he cared was that you thought enough of him to come to see him and ask him for his help. And he did, he helped a lot of people. Didn't care what the issue was.

But his issue was "We're great Americans, and number-one priority for me is my family." I said to him one day, we were kidding about it and I said, "Hey, you know, you keep saying family, family, family. We've been" -- this was about when he said he was quitting. I said, "We've had breakfast and dinner for 30 years. Don't I get to be part of the family?" He said, "You've just got to grow up a little bit, you Army brat."

(Laughter.)

SENATOR LARKIN:O.J. was a human being with a big heart. And he was very proud to be an American. He thought Ronald Reagan walked on water. He also thought it was a privilege to be a state legislator. And he said, "You know, Bill, we all ought to take a step back and realize we were elected, we weren't coronated. And we also should look how proud we are to be an American."

And in the end, O.J. went home to heaven. Very religious-minded individual, and just always thought of somebody else. And he said: "You know, Bill, let's remember, you can extend yourself just a little bit and make somebody else's life a pleasure. Don't be ashamed to do it, because there comes a day when you're going to need that."

To the Johnson family, God bless him.

ACTING PRESIDENT GRIFFO:Senator DeFrancisco.

SENATOR DeFRANCISCO: It's kind of interesting to believe that anyone was the mentor of Senator Larkin --

(Laughter.)

SENATOR DeFRANCISCO: -- that he brought Senator Larkin into this business and counseled him and the like.

When I first got in the Senate -- I've been here 23 years -- Owen, it was mentioned by Dean, Owen was on this working Rules Committee at the end of session. And any Senator on that committee could X out a bill so it doesn't come to the floor. And everybody would -- finally I found out who was doing it all the time, and that was Senator Johnson. The bill wasn't conservative enough.

So from that point on, I tried to learn how I had to change my bills so it was conservative enough for Owen to approve it. It didn't work too easily, but it worked.

Then I got the pleasure of sitting next to him. Talk about mentoring somebody. He had so much advice from all of his years of experience. He would bring articles with him from various publications that I never heard of. None very middle-of-the-road, but many, many way to the right.

And I read them, and then I got my mind right as time went on and was able to get some bills that made sense to Owen. And they got on the floor, and we passed them.

I have the good fortune of taking over his position as chair of Finance. And it's amazing to me -- last week I stood up answering question after question after question, and follow-up questions. When Owen was chairman, he would give a one-sentence answer and there would never be a follow-up question.

So I've got to figure out how to do that to shorten the process.

(Laughter.)

SENATOR DeFRANCISCO: But Owen was a man of few words on the floor. And no one got upset about it, everyone understood his positions and were able to explain their positions, different or not.

So a true gentleman, a true leader. And I'm getting nervous because I'm looking over there, it looks like Owen's over there sitting in that chair, his brother.

Amazing, amazing man. And we're all going to miss him. And hopefully we could attain the success that he had over his long, very successful, very fruitful career.

Thank you.

ACTING PRESIDENT GRIFFO:Senator Marcellino.

SENATOR MARCELLINO:Thank you, Mr. President.

When I first got here, moved out to Long Island, O.J. was my representative. He was the State Senator that represented the Syosset-Woodbury area. After a while, through redistricting and other machinations, he was moved further east on the Island, and Senator Marino came in and became the State Senator that represented our area, and I ultimately replaced Senator Marino in the Senate.

This state owes O.J. a tremendous vote of thanks. Because one of the things, as conservative as he was -- and I know people look at conservatives and they look at the Republicans and they say, Well, you people, you're not the kind of environmentalists -- you're not environmentalists. You don't really believe in protecting the environment or preserving the environment. That's not the case, obviously.

Owen wrote the bill that created the Environmental Protection Fund. That fund -- as we refer to it, the EPF -- has been used over the years to fund many, many, many environmental projects -- preserving open space, creating parks, preserving water, cleaning up water, helping communities throughout the State of New York in various ways. It was one of the finest pieces of legislation he had ever done.

And one day he came up to me and he said, "You know," he says, "I need you to do something for me." I said "What?" He said, "Keep your mouth shut."

(Laughter.)

SENATOR MARCELLINO:Not easy to do. He's laughing because he knows, it's never easy to do.

I said "Why should I do that now?" He said, "Because the leader" -- then Joe Bruno -- "is going to offer you the chair of the Environmental Committee, and I don't want you to screw it up. I want you to get it."

So I kept my mouth shut. And sure enough, the committee was offered to me. And it was, by my way of thinking, a lot of fun to chair that committee.

And one of the things I really enjoyed doing was building on the EPF, Owen's baby, creating it, expanding it and adding more money to it and adding more categories to it so that it is what it is today, so that we can use that money and protect and preserve the environment.

But it's all thanks to O.J. He created it, he had the foresight and the thought that this was something very important to do, and he got it done. Everybody in this state, from one end of it to the other, has benefited from it and benefited from his presence.

So thank you to the family for lending us Owen for all those many years.

And Owen, God bless you.

ACTING PRESIDENT GRIFFO:Senator Flanagan.

SENATOR FLANAGAN:Thank you, Mr. President.

You know, this is my 29th year here. And one of my most cherished memories of being in the Legislature was when my own father was memorialized in the Assembly a number of years ago. So to the Johnson family, this will be a lasting, beautiful memory for a long period of time.

And you get to hear the tributes from various colleagues. I look around and I see all the people on Owen's staff. And, you know, while I'm listening carefully to the things that were said, the people who worked with Owen loved him. And you know that's a measure of somebody as a supervisor, as a leader, as a boss, when people come and they stay and they will kill for you, they will stand in front of a train for you.

That's what he had. And he had long-term friends as well as employees. I'm looking at Bruce and Rory, I'm think of Gordon and Jay and all the people who served him very well.

And I think of that in the context of how much he was a gentleman, how much he believed in tradition, how much he believed in protocol.

In the early part of my career, I had a chance to go on one of those ALEC trips, and we were standing like 10 feet from President Reagan. He was in absolute full glory. He truly loved the work that he did with that committee.

Kenny LaValle would know this very clearly. One of the things that Owen was a master at was he had a luncheon the day after election for the Suffolk County members. When I got to the Senate, you just understood that it didn't really matter what you were doing, no matter how late you were up the night before, the bottom line is you went to Owen's country club the following day and we kind of coalesced and just talked about it.

And you talk about the ability to be mentored. As much as I may have served here, learning from him, watching him and listening to him -- as people said, he was a man of few words.

But I just think of a couple of very simple other things.

For anyone who did not have a chance to attend his funeral, it was absolutely beautiful. The quality of the comments that were made about him by friends and family were unbelievable.

And I didn't know this, but right at the end -- for those who were there, they will appreciate this -- there was like a Dixieland band. I don't even know if I'm describing it the right way. But the bottom line is, it was very cool music as you were leaving the funeral, and that's something he wanted. So I think that was a reflection of him.

And in terms of something Senator Marcellino just said, I would describe Owen as not only a passionate and ardent environmentalist, but he was a conservationist well before it became popular. I think of him in the mold of Teddy Roosevelt. You know, he was a vanguard and protector of the environment well before anybody really understood that. Things like the Oak Brush Plains Preserve and the things that he did locally, you just can't match.

And I want to mention somebody who is not here. But I think the epitome of not only being a leader but a good friend is demonstrated by Owen's interaction not just with Republicans but with Democrats. In our county we all know very well our Democratic County Chairman Richie Shaffer. And there was a time in Richie Shaffer's career when he was right in the cross hairs of a lot of different people. Owen was a Democrat -- excuse me, he was a -- God, I can't even believe I just said Owen was a Democrat.

(Laughter.)

SENATOR FLANAGAN:Owen was a Republican, a conservative Republican; Richie Shaffer was a Democrat. But as a true friend, when everyone else was walking out the door, a true friend not only walks in but stays. He proved his mettle as a colleague, as someone who could demonstrate camaraderie.

And just on an purely personal level, because I think we all come at this from slightly different angles, I'm lucky to have known him. I feel blessed. I feel like I'm a better person, hopefully, and a better legislator because of the things that he helped teach all of us.

And my deepest condolences to the family. And as everyone said, thank God you were able to share him with us for as long as you did.

Thank you.

ACTING PRESIDENT GRIFFO:Senator Bonacic.

SENATOR BONACIC:Thank you, Mr. Chairman.

A lot of my colleagues have spoken very eloquently about Owen. And it's hard to describe the essence of a man, 40 years serving here, in three or four minutes.

So I'd like to tell you how Owen affected me. A couple of things I'd like to share with you.

The strength of this Legislature is the strength of the parts that make the whole. So when you have strong legislators, this body becomes stronger and more enlightened. That's what Owen gave to this chamber. He was a giant, a gentleman's gentleman, loved by his people.

Now, we can get reelected over and over and over again for a variety of reasons. But to be loved by your constituency and by your colleagues, you know that that individual is very special.

So let me tell you my two experiences I can remember about Senator Owen Johnson. Now I'm in the Assembly. In the Assembly, normally, no Senators talk to the Assembly. I'm a mid-Hudson guy, Owen is out there in the Island, in Suffolk. So we go on a convention to San Diego, ALEC, a conservative think tank.

And I didn't know him that well. I'm on a boat ride with him, okay, with other dignitaries that he knew from ALEC. And he was presented the Ronald Reagan Award. It was a huge statue, and I think it could have been the anchor for the boat if they ever tied string to it.

And after he got that award, we're over the railing looking at the water, beautiful San Diego. And what does he talk about? He talks about how he misses his family, how this job that we do takes us away from the family -- a sacrifice everyone in this room knows. The press never talks about it when they demonize this body, but we know about it. And he felt badly.

Now, he didn't know me that well, but he was sharing his heart with me. I never forgot it.

The second instance, I become a Senator now. Right? I'm down in mid-Hudson, all about taxes and crime, and now I've got to go become an upstate Senator, right? And what do you have to be familiar with? The maple syrup business, bluestone, water releases, fishing rights. I mean, I had to reincarnate myself to be able to talk to the people.

And Owen would come up to me, and he'd start talking about my issues up in Delaware County. I said, how can this man from the Island know about my issues? Well, there's a weekly paper called The Walton Reporter. And Owen used to get this delivered to the Island. So he would share and be an educator to me on these issues.

He was a man that was very learned, and I could go on and on. But he made me a better Senator, and he made this body a better Legislature. We all loved him.

Thank you.

ACTING PRESIDENT GRIFFO:Senator Breslin.

SENATOR BRESLIN:Thank you, Mr. President.

I did not go to any of the ALEC conventions --

(Laughter.)

SENATOR BRESLIN:-- which might not be a shock to anyone on the Republican side. But to the Johnson family, my condolences.

I would be probably viewed as a progressive Democrat by the Republicans on the other side of the aisle. And I had the opportunity for several years during the budget hearings to sit next to Owen, day after day after day after day. And originally, because I came much later than Owen, from afar I actually thought -- you know, he was such a legend and so highly respected that he might indeed have been haughty and hard to approach. And I couldn't have been more wrong. I could not have been more wrong.

To have been able to sit next to him day after day after day -- and as many of you have said, at least once a day, to take that cellphone and go beneath the desk, when there were hundreds of people watching our hearing, and be able to talk to a member of the family and to help solve some kind of a problem, showed his love, showed his true love to his family and the family's love to him.

And after the hearings and after our long conversations -- and I can honestly say that philosophically, we did not agree on anything.

(Laughter.)

SENATOR BRESLIN:That I can recall. But after those hearings, those many weeks, I would go out, I think Rory is the one who told me his inclination, and get Owen a bottle of sherry. And we'd exchange discussions about the hearings.

And despite the fact that we never, ever agreed on anything, I don't remember ever having a cross word with him. He was actually extremely patient with me and my points of view, even though I knew that he didn't agree with any of them.

But he took his time, and we'd then get into other areas that weren't so controversial, and I really saw the true warmth of a wonderful, wonderful human being. I am proud to say that I was a friend, I was proud to serve here with him. And it takes all different kinds of points of view to get to a resolution. But I am so blessed to have known Owen and to have spent that time with him.

And to you, the Johnson family, you have lost a legend, an icon, someone we will never replace in this body.

Thank you.

ACTING PRESIDENT GRIFFO:Senator Valesky.

SENATOR VALESKY:Thank you, Mr. President.

It's certainly an honor and a privilege to speak today to my colleagues and to the family of Senator Johnson about his legacy.

And for me, I come to have known him from a little bit of a different perspective than many of my colleagues. I obviously did not sit with him in conference and hear his stories and have that kind of a relationship. I did not have the opportunity to meet any of his family members. And I was not here during the legislative heyday of his career when he accomplished so much through the legislative process.

My experience with O.J. is a little bit different. Some of us come to this Senate chamber under unusual and sometimes extraordinary political circumstances back home in our own districts, and mine was one of those rather odd political circumstances and situations. And when I arrived after that election, I quickly realized that there were many members of this Senate who were very quick to want to see me serve and pass on and back into the private sector, shall we say. Right?

And that's sort of the reality of the world in which we live, the political realm in which we live. And many of you I'm sure have gone through a similar experience when you first had the honor to serve in the State Senate.

And that sort of political dynamic and those tensions can make this place a little bit intimidating to someone who's brand-new and came from an unusual background.

But that having been said, it is people like Owen Johnson who, for me -- for me -- represented one very important thing. And that is whenever I would see Owen in the hallways, see him here in the chamber, have an opportunity to say hello, Senator Owen Johnson always said hello. He always said hello with a smile no matter who you were. He always had a story or a joke or some little anecdote that would lighten things up a little bit.

And for me, that really speaks to the character of who he was. And for me personally, Owen Johnson made this place that can be intimidating at times a little less so. And for that, I certainly thank him and salute his service and will remember him fondly.

And may he rest in peace.

Thank you.

ACTING PRESIDENT GRIFFO:Senator Little.

SENATOR LITTLE:Thank you very much.

It truly is an honor to be part of this recognition of Senator Johnson and all that he has accomplished in his lifetime, and also to say how much we miss him.

I came here from the Assembly, and I think this is my 13th year. But he was so welcoming and really just such a gentleman, so interested in how I got here and my family and all of the things that we're so proud of and he was so proud of with his family.

And he did have one bill that caused a problem for me in the North Country. And in talking to him, he had a bill that said that saltwater fishing was free. So if you were going to fish in saltwater, it was absolutely free. So my fishermen, my conservation people were calling me saying how unfair that was, because they have to pay to fish in the lakes in New York State.

So I talked to Senator Johnson, and I went back to them and I said, "Well, I've talked to Senator Johnson, and he said when New York State starts stocking the ocean, then he'll think about paying."

(Laughter.)

SENATOR LITTLE:That's so clever, but also such a smart man. He truly is missed. And you have to be so proud of him and all he accomplished.

Thank you.

ACTING PRESIDENT GRIFFO:We extend our deepest sympathy to the Johnson family here today. Also, thank you for sharing this outstanding American, this extraordinary public servant and exceptional human being.

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

(Overwhelming response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The resolution is adopted and, as so noted, is open for cosponsorship.

Senator Libous.

SENATOR LIBOUS:Mr. President, could I ask the members to please rise, and if we could have a moment of silence in honor of our colleague Senator Owen Johnson.

ACTING PRESIDENT GRIFFO:I would ask everyone in the chamber to please rise in a moment of silent tribute and memory to honor Senator Owen Johnson.

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

ACTING PRESIDENT GRIFFO:Senator Libous.

SENATOR LIBOUS:Mr. President, thank you.

And at this time could we please take up the reading of the calendar for today, the -- oh, I'm sorry, we have one other resolution.

We have a resolution that was previously adopted, by Senator Amedore. I believe it's Number 472. Could we please have it read in its entirety and then call on Senator Amedore, please.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 472, by Senator Amedore, commending Mike Feurstein for special recognition as creator and founder of "How to UnMake a Bully."

"WHEREAS, It is imperative to safeguard schools and communities for the children of the State of New York and, through the recognition of the serious issues that face them each day, offer our children an environment that holds promise and security; and

"WHEREAS, It is the practice of this Legislative Body to take note of and publicly acknowledge individuals of remarkable integrity and character whose endeavors have enhanced the quality of life and education in this great Empire State; and

"WHEREAS, An award-winning filmmaker, Mike Feurstein, affectionately known as Mr. Mike, is dedicated to giving students a voice in the stand against bullying through film and anti-bullying education; and

"WHEREAS, Creator and founder of 'How to UnMake a Bully' and partner in the DON'T WAIT to UnMake a Bully program, Mike Feurstein brings media into classrooms for project-based enrichment and runs summer video camps for middle-school students; he has filmed in many area school districts including Ballston Spa Central School, Saratoga Springs City School, Schenectady City School, and most recently, Greater Amsterdam School District; and

"WHEREAS, A filmmaker from Schenectady, New York, Mike Feurstein also serves as a teacher's aide; his students' work has been screened throughout the world, including the National Film Festival for Talented youth; and

"WHEREAS, Mike Feurstein's educational series 'How to UnMake a Bully' earned Telly and Sage College Champion of Character Awards, as well as endorsements from the Kids' Coalition for Quality Children's Media, The Anti-Defamation League, and CBS-6 News, to name a few; and

"WHEREAS, Furthermore, the 27-minute film 'How to UnMake a Bully' was so well-received it is being utilized by international organizations as one of the best tools available for anti-bullying instruction; and

"WHEREAS, In its third year, the DON'T WAIT to UnMake a Bully program is impacting students, teachers, administrators and communities throughout the country; from New York to Washington State, this vital program has been instrumental in the stand against bullying through positive media; and

"WHEREAS, Rare indeed is the impressive dedication shown by an individual for the benefit of others which Mike Feurstein has displayed throughout his life; and

"WHEREAS, It is the sense of this Legislative Body that when individuals of such noble aims and accomplishments are brought to our attention, they should be celebrated and recognized by all the citizens of this great Empire State; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to commend Mike Feurstein for special recognition as creator and founder of 'How to UnMake a Bully'; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Mike Feurstein."

ACTING PRESIDENT GRIFFO:Senator Amedore.

SENATOR AMEDORE:Thank you, Mr. President.

I rise to introduce to this body Mike Feurstein, who I believe has made such a huge difference in thousands and thousands of students, not only just in this state but across the country, as you heard the Secretary read of his great accomplishments, his gifts, his talents.

See, Mr. Mike could have taken his talents and went to Hollywood, but instead Mr. Mike went to the classroom and is using his talent to inspire, to mentor, and to teach our young children how to unmake a bully, all the while showing them how to use the tools, the equipment of film production to teach them a trade.

With us today, Mr. President, up in the gallery is Mr. Mike, as he is affectionately known by many thousands across the Capital District. I have watched his work, I've seen it, it's all over YouTube and it's all over so many other great publications.

An award-winning filmmaker, this individual earns and deserves all the accolades and our great thanks because he is doing such a great job in the schools across this great state on a very important issue, the bullying issue that we have passed many pieces of legislation against in past years.

So to Mr. Mike and to all of the students here who represent Amsterdam's Tecler and McNulty elementary schools and so many Schenectady and Ballston Spa schools, I congratulate you for all of your hard work, your great achievement. And keep up the message. We appreciate it.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Farley.

SENATOR FARLEY:Yes, thank you, Mr. President.

I also rise to pay tribute to Mr. Mike and what you're doing on an issue that is so grave and so concerning to all of us, bullying. And getting that message out there that that has to be addressed and is being addressed, and particularly in our schools.

And incidentally, in the gallery are a number of my constituents and schools that are in my district. And so much is being done in this area.

And I'll let you know that this house is very gravely concerned about the issue of bullying that goes on in our schools, and we must put a stop to it. And your filmmaking has made a huge difference in bringing light on this subject, and I applaud you for that.

And again, welcome to our chamber, and I want you to know that this entire Legislature is behind your cause.

Thank you.

ACTING PRESIDENT GRIFFO:Senator Little.

SENATOR LITTLE:Thank you, Mr. President.

I too would like to recognize and thank Mr. Mike for what he has done.

This Legislature has passed legislation in regard to bullying to try to prevent and to stop it and to penalize people, but legislation can only go so far. Whereas you have gone into the classroom and really showed our students what bullying does to other students and how to prevent it.

And some harmless remark that can get multiplied over and over and over on the Internet and Twitter and all of those things does so much more than any harmless remark ever did to us when we were children.

So I want to congratulate you and thank you for the work you've done in Keene Central School. They truly have appreciated it. And I know that our children in that school and elsewhere that you've worked with think twice before they engage in bullying.

Thank you.

ACTING PRESIDENT GRIFFO:Thank you, Senator Little.

As noted, the resolution was adopted on February 10, 2015.

We want to welcome Mike Feurstein and all those who are with him today, and we want to thank you for your work.

Thank you for being here.

(Applause.)

ACTING PRESIDENT GRIFFO:Senator Libous.

SENATOR LIBOUS:Mr. President, could we now have the reading of the noncontroversial calendar.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Calendar Number 122, by Senator Seward, Senate Print 3012, an act to amend the Insurance Law.

ACTING PRESIDENT GRIFFO:Read the last section.

SENATOR SERRANO:Lay it aside.

ACTING PRESIDENT GRIFFO:Lay the bill aside.

THE SECRETARY:On page 9, Senator Amedore moves to discharge, from the Committee on Children and Families, Assembly Bill Number 5803 and substitute it for the identical Senate Bill Number 3520A, Third Reading Calendar 124.

ACTING PRESIDENT GRIFFO:The substitution is so ordered.

The Secretary will read.

THE SECRETARY:Calendar Number 124, by Member of the Assembly Fahy, Assembly Print Number 5803, an act to amend the Social Services Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 5. This act shall take effect on the 60th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Amedore to explain his vote.

SENATOR AMEDORE:Mr. President, to explain my vote.

When a child is missing, every second counts. And back in December, in the Town of Knox, we all read about the tragic tragedy that a 5-year-old was claimed missing by his cousin but in reality was tragically murdered.

And the law enforcement agencies did everything they possibly can to try to work with CPS, but at the time, during the investigation, there was some unclarity in the current statute that this bill clarifies and makes it plain and simple.

And we need to make sure that we give law enforcement every possible tool for a missing child case. So I vote in the aye.

ACTING PRESIDENT GRIFFO:Senator Amedore will be recorded in the affirmative.

Announce the results.

THE SECRETARY:Ayes, 61.

ACTING PRESIDENT GRIFFO:The bill is passed.

SENATOR LIBOUS:Mr. President, I believe that is Senator Amedore's first bill to pass the Senate.

(Applause.)

ACTING PRESIDENT GRIFFO:Congratulations, Senator Amedore.

The Secretary will continue to read.

THE SECRETARY:Calendar Number 132, by Senator Young, Senate Print 1367, an act to amend the General Municipal Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 141, by Senator Little, Senate Print 1850A, an act to amend the Parks, Recreation and Historic Preservation Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Krueger to explain her vote.

SENATOR KRUEGER:Thank you, Mr. President.

As I continue to point out each and every year when we attempt to change snowmobile laws, the American Association of Pediatricians advises that children below the age of 16 should not be driving snowmobiles.

The rate of brain damage and accidents to children driving snowmobiles continues to grow in this country, whether it's on private property, on a trail, for a sporting activity, or just as an activity alone.

I certainly hope parents will think twice before they allow their children under age 16 to get on these very large, very fast machines.

I'll be voting no, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the negative.

Announce the results.

THE SECRETARY:In relation to Calendar Number 141, those recorded in the negative are Senators Avella, Díaz, Espaillat, Hoylman, Krueger, Montgomery, Perkins, Rivera, and Serrano.

Ayes, 52. Nays, 9.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 142, by Senator Flanagan, Senate Print 2056, an act to amend the Parks, Recreation and Historic Preservation Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 199, by Senator Ranzenhofer, Senate Print 2885, an act to amend the Correction Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Krueger to explain her vote.

SENATOR KRUEGER:Thank you, Mr. President.

If this bill excluded the lowest level of sex offenders, which we know are sometimes people who don't really fit the category of predator, I could vote for this bill.

But because, unfortunately, this bill covers all three levels of sex offender under the law, I believe that would actually prevent mentally ill people and developmentally disabled people, who really have no other place to go, from finding a a suitable setting in our state system.

I'm hoping that before this perhaps passes the other house, there will be some kind of modification to exclude the lowest-level offenders.

I'll be voting no, Mr. President. Thank you.

ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the negative.

Senator DeFrancisco to explain his vote.

SENATOR DeFRANCISCO: Yes, to explain my vote. We're on 199?

ACTING PRESIDENT GRIFFO:That's correct.

SENATOR DeFRANCISCO: Okay. I just -- since this deals with prohibiting sex offenders from residing in community residences, today is an historic day dealing with sex offenders and people who take advantage of women.

For the last two years we've been asking, begging the Assembly to take apart the ten-point Women's agenda and do the bills separately, and we kept saying please talk to your Assembly people, bring them apart, let's get some results rather than inactivity.

And today the Assembly is scheduled to pass the sex trafficking bill. And it's a very, very good thing for everyone here in the Senate and the Assembly, and hopefully they'll continue to work on the other good parts of that ten-point agenda.

Thank you.

ACTING PRESIDENT GRIFFO:Senator DeFrancisco to be recorded in the affirmative.

Announce the results.

THE SECRETARY:In relation to Calendar Number 199, those recorded in the negative are Senators Krueger, Montgomery, Perkins and Rivera.

Ayes, 57. Nays, 4.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 200, by Senator Savino, Senate Print 3667, an act to amend the Executive Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 4. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 201, by Senator Hassell-Thompson, Senate Print 3818, an act to amend the Correction Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61.

ACTING PRESIDENT GRIFFO:The bill is passed.

Senator Libous, that completes the noncontroversial reading of today's active-list calendar.

SENATOR LIBOUS:Mr. President, at this time could we take up the controversial calendar, please.

ACTING PRESIDENT GRIFFO:The Secretary will ring the bell.

The Secretary will read.

THE SECRETARY:Calendar Number 122, by Senator Seward, Senate Print 3012, an act to amend the Insurance Law.

ACTING PRESIDENT GRIFFO:Senator Sanders.

SENATOR SANDERS:Thank you. Will the sponsor yield for a question?

ACTING PRESIDENT GRIFFO:Does the sponsor yield, Senator Seward?

SENATOR SEWARD:Yes, certainly, Mr. President.

ACTING PRESIDENT GRIFFO:The Senator yields.

SENATOR SANDERS:Greetings, sir.

I've been thinking about this bill, and I was mulling it over and I just have a question. And I'm hoping that perhaps you can help me.

SENATOR SEWARD:Sure.

SENATOR SANDERS:In Washington, D.C., and other places, people are concerned about what they consider industry setting policy, industry deciding to set policy. And I'm worried, sir, that we inadvertently are doing something similar.

Because -- and here's my question -- wouldn't allowing the insurance companies to appoint all members of a board of directors at the exclusion of the one-third independent members, wouldn't that cost the board its objectivity, since everyone will be either from the industry or hoping to get back into the industry?

SENATOR SEWARD:Well, Mr. President, I'm not sure I follow quite what the line of the question is there.

But I will say this. I think it is important that we maintain in the law -- and this bill doesn't alter that -- a certain required degree of independent board of directors to govern an insurance company.

In this case we're talking about strictly life insurance companies, domestic life insurance companies who are part of a larger holding company.

And this bill doesn't change the terms of the independent nature of the board. This bill is only directed at how we're going reach that goal of independent board of directors.

This legislation is modeled after the National Association of Insurance Commissioners, their model that they have determined -- this has been fully vetted. These are not industry people, these are insurance company regulators. And they have determined that it is advisable in this day and age to allow the parent insurance company or the mutual insurance holding company and or the parent publicly held corporation, that board of directors to fulfill the independent board of directors requirements for their New York subsidiary, as they do in many other states.

So I agree that independence is needed. But this bill only is directed at how that independence is going to be accomplished.

It's interesting to note that, you know, we have, in addition to life insurance companies, we have property and casualty and health insurance companies as well. There is no requirement at all in the law regarding those companies, only life insurance.

And so this would put our domestic -- the subsidiaries that exist here in New York on par with the P&C and health insurance companies here in New York.

SENATOR SANDERS:Thank you.

On the bill, sir.

ACTING PRESIDENT GRIFFO:Senator Sanders on the bill.

SENATOR SANDERS:I thank the sponsor for those remarks, his answers. And he's also given me an opportunity for more legislation to make it equal.

New York has to be the Empire State, and our standard is often higher than the rest of the nation. And we should always view that when we think of joining into any national standard: Are we lowering our standard to the nation or should we encourage the nation to move up to a higher standard?

I think that inadvertently the sponsor, who has done a great job on this and other bills, has perhaps weakened our standard, and for that reason I'm going to vote no, sir.

Thank you very much, Mr. President. Thank you, Mr. Sponsor.

ACTING PRESIDENT GRIFFO:Thank you, Senator Sanders.

Seeing and hearing no other Senator who wishes to -- Senator Krueger?

SENATOR KRUEGER:No. Just to record my vote no.

ACTING PRESIDENT GRIFFO:Seeing and hearing no other Senator that wishes to be heard, the debate is closed and the Secretary will ring the bell.

SENATOR LIBOUS:Mr. President.

ACTING PRESIDENT GRIFFO:Senator Libous.

SENATOR LIBOUS:I believe a number of members are at the various conference committee meetings, and they can certainly vote by Rule 10.

So I would ask that obviously if you're not at a conference committee meeting, if you can get in the chamber. And then what we'll do is we'll sort out those members who are sitting on the various committees to make sure that they get their vote in under Rule 10.

Acceptable to --

ACTING PRESIDENT GRIFFO:Without objection, so noted. Rule 10 is incorporated.

Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Breslin to explain his vote.

SENATOR BRESLIN:Thank you, Mr. President. Very quickly.

This law will bring New York State into conformity with the National Association of Insurance Commissioners' model act, their national model act. And it will do much to strengthen and allow insurance companies to work on a more efficient basis without jeopardizing in any way the integrity of the company.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Breslin to be recorded in the affirmative.

The roll has been called, and the Secretary will tally and announce the results.

THE SECRETARY:In relation to Calendar 122, those recorded in the negative are Senators Krueger and Sanders.

Absent from voting: Senators Parker and Sampson.

Ayes, 59. Nays, 2.

ACTING PRESIDENT GRIFFO:The bill is passed.

SENATOR LIBOUS:Mr. President.

ACTING PRESIDENT GRIFFO:Senator Libous, that completes the noncontroversial reading of today's calendar.

SENATOR LIBOUS:Okay.

ACTING PRESIDENT GRIFFO:Can I have some order in the chamber, please.

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

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

SENATOR LIBOUS:Just before we adjourn, I just want to remind members that conference committees are beginning at 4:30.

So if you're on a committee, I would guess by now you would know which committee is meeting and what time they're going to meet. I'm not going to read them all off, there's quite a few.

But just to remind you that the committee meetings are important so that we can move the budget process ahead and get out of here before April 1st, and I think that's something we would all like to do.

So, Mr. President, there being no further business before the desk, I would ask that the Senate adjourn until Tuesday, March 17th, at 3:00 p.m.

ACTING PRESIDENT GRIFFO:On motion, the Senate will stand adjourned until Tuesday, March 17th, at 3:00 p.m.

The Senate is adjourned.

(Whereupon, the Senate adjourned at 4:33 p.m.)