Regular Session - July 7, 2009

                                                            5708



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     July 7, 2009

        11                       3:12 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR ANDREA STEWART-COUSINS, Acting President

        19  ANGELO J. APONTE, Secretary

        20

        21

        22

        23

        24



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

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The Senate will please come to order.

         4                  I ask everyone present to rise and

         5       recite with me the Pledge of Allegiance to our

         6       Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       In the absence of clergy, may we all bow our

        11       heads for a moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Thank you.

        16                  The reading of the Journal.

        17                  The Secretary will read.

        18                  THE SECRETARY:    In Senate,

        19       Monday, July 6, the Senate met pursuant to

        20       adjournment.  The Journal of Friday, July 3,

        21       was read and approved.  On motion, Senate

        22       adjourned.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Without objection, the Journal stands approved



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         1       as read.

         2                  Presentation of petitions.

         3                  Messages from the Assembly.

         4                  Messages from the Governor.

         5                  Reports of standing committees.

         6                  Reports of select committees.

         7                  Communications and reports from

         8       state officers.

         9                  Senator Klein.

        10                  SENATOR KLEIN:    Madam President,

        11       at this time can you please recognize Senator

        12       Sampson for some remarks.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Sampson.

        15                  SENATOR SAMPSON:    Thank you very

        16       much, Madam President.

        17                  I rise to really just talk to the

        18       19.5 million people in the State of New York.

        19       And their mantra has been "Get back to work,

        20       pass bills."  They are tired of being held

        21       hostage as our colleagues on the other side of

        22       the aisle are more concerned about what I call

        23       "T, triple P" -- titles, power, politics, and

        24       patronage.



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         1                  We have put forth an active list to

         2       let the people of the State of New York know,

         3       19.5 million people, that enough is enough.

         4       We can no longer be held hostage, we need to

         5       pass this legislation and prevent fiscal

         6       hysteria from going on everywhere from Buffalo

         7       to Brooklyn.

         8                  So, Madam President, as I call on

         9       my colleagues, we need to get back to the

        10       people's work.  What is more important, at the

        11       end of the day, people do not care who is a

        12       Republican, who is a Democrat, who is an

        13       independent.  They are concerned about the

        14       economic austerity of our great Empire State.

        15                  So with that, Madam President, I

        16       ask that we move and start getting back to

        17       work and passing, most of all, passing the

        18       bills so 19.5 million New Yorkers will no

        19       longer be held hostage.

        20                  Thank you, Madam President.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Thank you, Senator Sampson.

        23                  Senator Breslin.

        24                  SENATOR BRESLIN:    Thank you,



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         1       Madam President.

         2                  I echo the remarks of Senator

         3       Sampson.  The Democratic conference here is

         4       ready to pass legislation.  There is an active

         5       list of bills.  They're both Democratic bills,

         6       Republican bills, but they're bills that

         7       affect and assist and help and allow us to

         8       govern the 19.5 million people in this state.

         9                  We are not doing the people's

        10       business when we don't come together.  This is

        11       about governance.  It can't be about politics

        12       and power politics.  It has to be about doing

        13       the people's business.

        14                  I hope anyone listening to this

        15       will understand that we are making every

        16       attempt to come here.  If we just had a couple

        17       come from the other side, we could pass this

        18       calendar, move on to tomorrow, move on to the

        19       next day, and move on to a successful

        20       conclusion to this session.

        21                  So, Madam President, I urge all of

        22       us to come together, to have Democrats and

        23       Republicans put aside leadership, put aside

        24       politics, put aside all of the partisan parts



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         1       of what so many people across this state

         2       despise, rightfully so.  And let's do the

         3       people's work.

         4                  Thank you, Madam President.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Thank you, Senator.

         7                  Senator Adams.

         8                  SENATOR ADAMS:    Thank you, Madam

         9       President.  I do recognize you as the

        10       president.

        11                  You know, I'm not only disappointed

        12       with our colleagues across the aisle, but I'm

        13       also disappointed with the media in this

        14       state.  And I'm disappointed with our

        15       Governor.

        16                  Every day we have sat in this

        17       chamber, we have attempted to pass

        18       legislation.  Yet they are marrying us with

        19       the failure of our colleagues across the

        20       aisle.  I have yet to hear Governor Paterson

        21       state one time that we were here to pass his

        22       bills.  I have yet to hear those who have

        23       reported this atmosphere week after week

        24       indicate that we are willing to pass



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         1       legislation.

         2                  Our colleagues across the aisle

         3       have drew a line in the sand, have sharpened

         4       the bills of this state and put it to the

         5       necks of our citizens by blackmailing us.  The

         6       only way they will sit down and pass a bill is

         7       if we recognize who they want us to recognize

         8       as the leadership.  This is what they're

         9       saying.

        10                  No one is reporting that.  No one

        11       is reporting the fact that we can deal with

        12       leadership issues later.  No one is reporting

        13       the fact that we're saying let's sit down

        14       while we deal with leadership, at least pass

        15       several bills a day.  No one is reporting

        16       that.  They're giving the impression that

        17       these are all clowns together.  That's the

        18       hypocrisy.

        19                  And then when you have Post, New 

        20       York Post writers that write racist commentary

        21       of thick-necked thugs and how great we were

        22       when Republicans ran the Senate and how

        23       beautiful the state was, that reminds me of

        24       reminiscing of slavery when black folks were



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         1       happy just to be on the plantation because

         2       they were able to eat chitlings.  That's

         3       appalling and insulting.

         4                  We are here every day.  When are

         5       people going to report the truth?  The only

         6       thing that's stopping these important

         7       legislation to be passed is the arrogancy of

         8       those who held this state hostage for forty

         9       years.  Five months we've been here, talking

        10       about important pieces of legislation for five

        11       months.

        12                  You can say what you want; this

        13       chamber went through a thuggery act on

        14       June 8th.  But we're big enough to put that to

        15       the side.  We're big enough to say let's talk

        16       about that over the summer.  Right now, Power

        17       for Jobs.  Right now, important state

        18       legislation that's on the document.  Right

        19       now, this exists.

        20                  When are we going to tell the

        21       truth?  When are we going to hear our Governor

        22       stop slamming the desk and acknowledging that

        23       we are here?  We laid it out; just come in and

        24       pass the bills.  We'll deal with leadership



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         1       later.  Let's pass the bills.

         2                  That's the comment that should

         3       resonate throughout this state, not who's the

         4       president pro tem.  We can pass bills without

         5       that not.  Not who's the majority leader; we

         6       can pass bills without that.  Not who gets

         7       member items; we can pass bills without that.

         8       Not who gets bigger offices; we can pass bills

         9       without that.

        10                  If that's what they want, they can

        11       have my office, they can have my member items,

        12       they can have my chairmanship.  All I want

        13       them to do is get their butts back in this

        14       chamber and pass these bills.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Thank you, Senator Adams.

        17                  Senator Montgomery.

        18                  SENATOR MONTGOMERY:    Yes, thank

        19       you, Madam President.

        20                  I want to just remind my

        21       constituents and my colleagues, we did pass

        22       120 bills on June 30th and they were passed

        23       with 32 members present.  None of us raised

        24       our hands to object that we were not present.



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         1       So I want to get that out.

         2                  The other thing that I want to

         3       point out, I ran into a young lady from here

         4       in Albany yesterday evening, and she wanted to

         5       know "What is going on over there?  And are

         6       you guys actually working over there?"

         7                  So I just wanted to point out to

         8       that young lady, to my constituents, and to

         9       the people across this state, yes, we are

        10       working.  And today, in addition to the 120

        11       bills, we have other bills on this calendar.

        12       Senator Breslin, for instance, has a bill on

        13       here related to the County of Schenectady.

        14                  Senator Farley, who is not

        15       present -- he elected to leave the room,

        16       doesn't want to participate -- he has a bill

        17       to authorize the City of Schenectady to take

        18       care of some delinquent tax liens which they

        19       need in order to do their budget.

        20                  Senator Bonacic has a bill on the

        21       calendar today related to the City of

        22       Middletown, looking to also settle some

        23       delinquent tax issues in that town.

        24                  Senator Farley, another bill on to



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         1       confirm certain transportation contracts for

         2       the City of Schenectady.

         3                  Senator LaValle has a bill on here

         4       which would confirm some actions of the Rocky

         5       Point Union Free School District with respect

         6       to certain building and contracts.

         7                  Senator Larkin has a bill on the

         8       calendar which would provide for the repayment

         9       by the Highland Falls Central School District

        10       of certain excess state payments.

        11                  We have all of these bills and

        12       more.  I didn't name all of them because this

        13       is enough to let you know, Madam President,

        14       that these gentlemen who have elected to leave

        15       the room today, they actually have bills on.

        16       We're ready here to pass those bills so that

        17       those cities and those local school districts

        18       and the constituents that they represent could

        19       be made whole.  But they have elected to leave

        20       the room.

        21                  We're here, yes, we are here; every

        22       day that we're here, we are working.  And we

        23       do want to do the people's work.  That's what

        24       this represents.  We don't have anybody here



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         1       from that side of the aisle to say stand up

         2       for their constituents.  But we're here to do

         3       just that.

         4                  So, Madam President, I would like

         5       for my constituents to know, and that young

         6       lady that asked me last evening what we are

         7       doing, I want her to know, and I want my

         8       people to know, my constituents, and the

         9       19.5 million people across this state, that we

        10       are here to do whatever their needs require us

        11       to do, but the Republicans have left the room.

        12                  Thank you.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Thank you, Senator.

        15                  Senator Schneiderman.

        16                  SENATOR SCHNEIDERMAN:    Thank you,

        17       Madam President.

        18                  I rise in support of all of my

        19       colleagues on this side of the aisle in our

        20       desire to begin passing legislation.  I do

        21       want to add to the comments of the Senators

        22       who have already spoken the fact that we

        23       understand if our colleagues on the other side

        24       of the aisle have a concern with coming out to



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         1       vote for an active list that we set.

         2                  And I want to make sure that we're

         3       noting for the public that on July 3rd, both

         4       sides actually exchanged proposals for how to

         5       operate the Senate, negotiating proposals.

         6       Theirs was titled "New York State Senate

         7       Bipartisan Operating Agreement"; ours was

         8       titled "Bipartisan Operating Agreement for the

         9       New York State Senate."

        10                  Ours, unlike theirs, did provide a

        11       way for us to come out with a mutual agreement

        12       of the two conferences to set an active list

        13       so we can start voting.

        14                  And I would just like to urge

        15       everyone here and everyone who is watching,

        16       please tell the Republicans that the Democrats

        17       are willing to put out an active list together

        18       with them where no bill gets on the active

        19       list that is not agreed to by the parties so

        20       we can vote while we negotiate these bigger

        21       issues.

        22                  There are discussions going on,

        23       there will be discussions going on.  I gather

        24       that Senator Espada and Senator Skelos have



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         1       sent all of us a letter advancing yet another

         2       set of principles -- not really a detailed

         3       proposal, but a set of principles for a

         4       broader agreement.  We are prepared to talk

         5       about all issues.  Not to say we'll agree to

         6       everything, but we're prepared to talk about

         7       all issues.

         8                  Our one request, our one strong

         9       request, our very, very, very strong request

        10       on behalf of the people of the State of

        11       New York is that we begin passing bills while

        12       these negotiations continue.  We are prepared

        13       to do an active list with their agreement.  We

        14       are here today prepared to vote on the bills

        15       on the existing active list.  But let's start

        16       passing bills while the other negotiations

        17       continue.

        18                  I'm sorry they're not here with us

        19       today, Madam President, so that we will not be

        20       able to actually undertake the people's

        21       business.  I'm hopefully that in the very near

        22       future they will be.

        23                  Thank you.

        24                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Thank you, Senator.

         2                  Is there any other Senator that

         3       wishes to speak on this issue?

         4                  Hearing none -- Senator Klein.

         5                  SENATOR KLEIN:    Madam President,

         6       is there any further business at the desk?

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Klein, the desk is clear.

         9                  SENATOR KLEIN:    There being none,

        10       I move that we adjourn at the call of the

        11       Temporary President, Malcolm Smith.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       There being no further business to come before

        14       the Senate, on motion, the Senate stands

        15       adjourned to the call of the Temporary

        16       President, intervening days being legislative

        17       days.

        18                  (Whereupon, at 3:25 p.m., the

        19       Senate adjourned.)

        20

        21

        22

        23

        24



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