Regular Session - January 25, 2011

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                   January 25, 2011

        11                       3:18 p.m.

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        13

        14                    REGULAR SESSION

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        16

        17

        18  SENATOR JOHN J. FLANAGAN, Acting President

        19  FRANCIS W. PATIENCE, Secretary

        20

        21

        22

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         1                 P R O C E E D I N G S

         2                  ACTING PRESIDENT FLANAGAN:    The

         3       Senate will please come to order.

         4                  I ask everyone to please rise and

         5       repeat the Pledge of Allegiance with me.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  ACTING PRESIDENT FLANAGAN:

         9       Today's invocation will be offered by the

        10       Reverend Peter Young, from Mother Teresa

        11       Community, Albany.

        12                  REVEREND YOUNG:    Thank you,

        13       Senator.

        14                  Let us pray.

        15                  We can remember instances when we

        16       needed a little mercy.  Maybe we needed an

        17       extension on a project.  Maybe we needed a

        18       loan or, often the case, we needed forgiveness

        19       from someone we had hurt.  Remember the sigh

        20       of relief when mercy was granted and grief and

        21       disappointment when it was denied.

        22                  All-merciful God, You give us what

        23       we need in this chamber today, and constantly

        24       forgive us.  Grant us that we will be generous

        25       in our mercy toward all of our New York State



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         1       citizens.  May we be known as Senators of

         2       mercy and of forgiveness.

         3                  Amen.

         4                  ACTING PRESIDENT FLANAGAN:    The

         5       reading of the Journal.

         6                  The Secretary will read.

         7                  THE SECRETARY:    In Senate,

         8       Monday, January 24, the Senate met pursuant to

         9       adjournment.  The Journal of Sunday,

        10       January 23, was read and approved.  On motion,

        11       Senate adjourned.

        12                  ACTING PRESIDENT FLANAGAN:

        13       Without objection, the Journal stands approved

        14       as read.

        15                  Presentation of petitions.

        16                  Messages from the Assembly.

        17                  The Secretary will read.

        18                  THE SECRETARY:    On page 6,

        19       Senator Flanagan moves to discharge, from the

        20       Committee on Finance, Assembly Bill Number

        21       2289 and substitute it for the identical

        22       Senate Bill Number 2026, Third Reading

        23       Calendar 9.

        24                  ACTING PRESIDENT FLANAGAN:    So

        25       ordered.



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         1                  Messages from the Governor.

         2                  Reports of standing committees.

         3                  Reports of select committees.

         4                  Communications and reports from

         5       state officers.

         6                  Motions and resolutions.

         7                  Senator Libous.

         8                  SENATOR LIBOUS:    Mr. President,

         9       could you call on Senator Breslin, please, for

        10       a motion.

        11                  ACTING PRESIDENT FLANAGAN:

        12       Senator Breslin on a motion.

        13                  SENATOR BRESLIN:    Mr. President,

        14       on behalf of Senator Stavisky, I move that the

        15       following bill be discharged from the

        16       Committee on Transportation and be recommitted

        17       with instructions to strike the enacting

        18       clause:  Senate Print 1219.

        19                  ACTING PRESIDENT FLANAGAN:    So

        20       ordered.

        21                  Senator Libous.

        22                  SENATOR LIBOUS:    Thank you,

        23       Mr. President.

        24                  Can we adopt the Resolution

        25       Calendar, with the exception of Resolution



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         1       Number 292, please.

         2                  ACTING PRESIDENT FLANAGAN:    All

         3       in favor of adopting the Resolution Calendar,

         4       with the exception of Resolution 292, signify

         5       by saying aye.

         6                  (Response of "Aye.")

         7                  ACTING PRESIDENT FLANAGAN:

         8       Opposed, nay.

         9                  (Response of "Nay.")

        10                  ACTING PRESIDENT FLANAGAN:    The

        11       Resolution Calendar is adopted.

        12                  Senator Libous.

        13                  SENATOR LIBOUS:    Mr. President,

        14       thank you.

        15                  I believe there's a privileged

        16       resolution at the desk by Senator Smith.  May

        17       we please have the title read and move for its

        18       immediate adoption.

        19                  ACTING PRESIDENT FLANAGAN:    The

        20       Secretary will read.

        21                  THE SECRETARY:    By Senator Smith,

        22       legislative resolution commending Bishop

        23       Joseph Mattera upon the occasion of his

        24       30-year Anniversary, to be celebrated on

        25       January 29, 2011.



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         1                  ACTING PRESIDENT FLANAGAN:    Is

         2       there any Senator wishing to be heard on the

         3       resolution?

         4                  Hearing none, the question is on

         5       the resolution.  All in favor signify by

         6       saying aye.

         7                  (Response of "Aye.")

         8                  ACTING PRESIDENT FLANAGAN:

         9       Opposed, nay.

        10                  (No response.)

        11                  ACTING PRESIDENT FLANAGAN:    The

        12       resolution is adopted.

        13                  Senator Libous.

        14                  SENATOR LIBOUS:    Thank you,

        15       Mr. President.

        16                  I believe there's a resolution at

        17       the desk, Number 292, by Senator Peralta.  May

        18       we please have the title read and move for its

        19       immediate adoption.

        20                  ACTING PRESIDENT FLANAGAN:    The

        21       Secretary will read.

        22                  THE SECRETARY:    By Senator

        23       Peralta, Legislative Resolution Number 292,

        24       commemorating the 167th Anniversary of the

        25       Dominican Republic Independence, to be



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         1       celebrated on February 27, 2011.

         2                  ACTING PRESIDENT FLANAGAN:    The

         3       question is on the resolution.  All those in

         4       favor signify by saying aye.

         5                  (Response of "Aye.")

         6                  ACTING PRESIDENT FLANAGAN:

         7       Opposed, nay.

         8                  (No response.)

         9                  ACTING PRESIDENT FLANAGAN:    The

        10       resolution is adopted.

        11                  Senator Libous.

        12                  SENATOR LIBOUS:    Thank you,

        13       Mr. President.

        14                  I believe that Senator Peralta

        15       would like to open up his resolution for

        16       cosponsorship.  As we have always put before

        17       the house, if there's a member who wishes not

        18       to be on, to let the desk know, please.

        19                  ACTING PRESIDENT FLANAGAN:    This

        20       resolution is open for cosponsorship.  Should

        21       anyone not wish to be a cosponsor, please

        22       notify the desk.

        23                  Senator Libous.

        24                  SENATOR LIBOUS:    Mr. President,

        25       there will be an immediate meeting of the



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         1       Rules Committee in Room 332, and I ask that

         2       the Senate --

         3                  ACTING PRESIDENT FLANAGAN:

         4       Senator Sampson.

         5                  SENATOR SAMPSON:    Point of

         6       personal privilege, Senator.

         7                  SENATOR LIBOUS:    Absolutely,

         8       Mr. President.

         9                  ACTING PRESIDENT FLANAGAN:

        10       State your point of personal privilege,

        11       Senator Sampson.

        12                  SENATOR SAMPSON:    Mr. President,

        13       about two hours ago our conference received

        14       rules reform, a resolution dealing with rules

        15       and governing the Senate chamber for the next

        16       two years.

        17                  What I'm asking the Majority is

        18       although we did ask you to give us these rules

        19       changes before next week, we didn't expect to

        20       receive them two hours before we were going

        21       into session today.

        22                  These rules are too important,

        23       especially when we're dealing with governing

        24       this chamber and the way we conduct our

        25       business for the next two years, particularly



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         1       not only dealing with possibly close to

         2       upwards of a $11 billion budget deficit this

         3       year but also next year.

         4                  We believe that this course of

         5       conduct, when we're talking about restoring

         6       decorum and respect back to the chamber and

         7       working in a bipartisan fashion to deal with

         8       the economic impact that is truly going to

         9       destroy a lot of things that we believe in

        10       throughout this state and also this economy --

        11       we believe that more time is needed,

        12       especially when we're dealing with these

        13       rules.

        14                  When we took over the majority in

        15       2009, we had public hearings dealing with

        16       these rule reforms.  Certain changes were

        17       made.  We're just asking at this point in

        18       time, to receive these changes two hours

        19       before we went into session today, we feel

        20       that this disenfranchises the people who have

        21       sent us to Albany to represent them.

        22                  In November, people wanted change

        23       and they got change.  And they wanted

        24       government to do things differently.  But we

        25       are going backwards.  When I remember, my



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         1       colleagues on the other side of the aisle

         2       vehemently talked about the process, talked

         3       about how you weren't involved, talked about

         4       how you're getting these documents an hour or

         5       two hours before we engaged into vital, vital

         6       debate on certain issues.

         7                  This is all about establishing

         8       decorum but, most of all, respecting the

         9       voters who have sent us to Albany to represent

        10       them here in this State Capitol.

        11                  That is my point of personal

        12       privilege, meaning that a document of such

        13       importance, we should put the consideration of

        14       the rules until next week, Mr. President.

        15                  Thank you very much, Mr. President.

        16                  ACTING PRESIDENT FLANAGAN:

        17       Senator Sampson, I appreciate your point of

        18       personal privilege, but we are at a point now

        19       where the Rules Committee is going to be

        20       meeting in Room 332.  The Senate will be

        21       standing at ease.

        22                  The points you raise, while they

        23       may be well-taken in a different context, are

        24       out of order now because, frankly, we don't

        25       have these reforms before the house right now.



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         1                  We have to go to committee.  Your

         2       comments presuppose action that has not been

         3       taken by the committee.  Therefore, the Rules

         4       Committee should meet in Room 332.

         5                  Senator Libous.

         6                  SENATOR LIBOUS:    Thank you,

         7       Mr. President.

         8                  ACTING PRESIDENT FLANAGAN:    The

         9       Senate will stand at ease.

        10                  (Whereupon, the Senate stood at

        11       ease at 3:26 p.m.)

        12                  (Whereupon, the Senate reconvened

        13       at 5:12 p.m.)

        14                  ACTING PRESIDENT FLANAGAN:    The

        15       Senate will come to order.

        16                  Senator Libous.

        17                  SENATOR LIBOUS:    Thank you,

        18       Mr. President.

        19                  If we could go to the

        20       noncontroversial reading of the calendar,

        21       please.

        22                  ACTING PRESIDENT FLANAGAN:    Clerk

        23       will read.

        24                  THE SECRETARY:    Calendar Number

        25       9, substituted earlier today by Member of the



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         1       Assembly Nolan, Assembly Print Number 2289, an

         2       act to amend the Education Law.

         3                  ACTING PRESIDENT FLANAGAN:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT FLANAGAN:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 58.  Nays,

        11       2.  Senators Perkins and Sampson recorded in

        12       the negative.

        13                  ACTING PRESIDENT FLANAGAN:    The

        14       bill is passed.

        15                  Senator Libous.

        16                  SENATOR LIBOUS:    Mr. President,

        17       can you just hang for a second.

        18                  (Pause.)

        19                  SENATOR LIBOUS:    Mr. President.

        20                  ACTING PRESIDENT FLANAGAN:

        21       Senator Libous.

        22                  SENATOR LIBOUS:    Business for the

        23       day is concluded.  I would ask, in

        24       consultation with Senator Sampson, that we

        25       stand at ease pending the discussion between



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         1       the Majority and the Minority in handing up

         2       some assignments.

         3                  So the Senate will stand at ease,

         4       but there will be no other business taken up

         5       today.

         6                  ACTING PRESIDENT FLANAGAN:    The

         7       Senate will stand at ease.

         8                  (Whereupon, the Senate stood at

         9       ease at 5:15 p.m.)

        10                  (Whereupon, the Senate reconvened

        11       at 5:30 p.m.)

        12                  ACTING PRESIDENT MAZIARZ:

        13       Senator Libous.

        14                  SENATOR LIBOUS:    Thank you,

        15       Senator Maziarz.

        16                  In consultation with the Minority,

        17       I believe that Senator Sampson and Senator

        18       Skelos are handing up the following changes in

        19       leadership assignments.  I would ask that they

        20       be accepted at the desk and filed.

        21                  ACTING PRESIDENT MAZIARZ:    The

        22       leadership assignments as presented are

        23       accepted at the desk.

        24                  Any further business, Senator

        25       Libous?



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         1                  SENATOR LIBOUS:    Thank you,

         2       Mr. President.

         3                  There being no further business, I

         4       move that we adjourn until Monday,

         5       January 31st, at 3:00 p.m., intervening days

         6       being legislative days.

         7                  ACTING PRESIDENT MAZIARZ:    The

         8       Senate stands adjourned until Monday,

         9       January 31st, at 3:00 p.m., intervening days

        10       being legislative days.

        11                  (Whereupon, at 5:31 p.m., the

        12       Senate adjourned.)

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