Regular Session - January 31, 2011

                                                            351



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                   January 31, 2011

        11                       3:07 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  LIEUTENANT GOVERNOR ROBERT J. DUFFY, President

        19  FRANCIS W. PATIENCE, Secretary

        20

        21

        22

        23

        24

        25



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

         2                  THE PRESIDENT:    The Senate will

         3       now come to order, please.

         4                  I ask everyone to please stand and

         5       join me in the Pledge of Allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  THE PRESIDENT:    Next we'll have

         9       the Reverend Peter G. Young, from the Mother

        10       Teresa Community Center.

        11                  REVEREND YOUNG:    Thank you,

        12       Governor.

        13                  Today I'd like, if I could, to say

        14       dear Mother Nature, please be gentle as we

        15       expect two feet of snow.  It's not always easy

        16       to be gentle.  And in the political world

        17       we're taught to be tough, competitive and

        18       assertive.  But there are times when we like

        19       to be soothed and treated gently.  We treat

        20       packages with gentleness when they are labeled

        21       "Fragile, Handle With Care."

        22                  So we ask our compassionate God to

        23       give us the sensitivity and the courage to be

        24       gentle with other people.  Help us to hear

        25       them and the anguish and the hurt in other



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         1       people, and to treat them with kindly care.

         2                  We'd like, if we could, to take a

         3       moment to remember Senator Velella, who served

         4       here for a long time, approximately 30 years

         5       of dedicated service.  We pray that he will be

         6       now welcomed in heaven, as he has died this

         7       past week.

         8                  Amen.

         9                  THE PRESIDENT:    Next, the reading

        10       of the Journal.

        11                  The Secretary will read.

        12                  THE SECRETARY:    In Senate,

        13       Sunday, January 30, the Senate met pursuant to

        14       adjournment.  The Journal of Saturday,

        15       January 29, was read and approved.  On motion,

        16       Senate adjourned.

        17                  THE PRESIDENT:    Without

        18       objection, the Journal stands approved as

        19       read.

        20                  Next, we'll have presentation of

        21       petitions.

        22                  Any messages from the Assembly?

        23                  Messages from the Governor.

        24                  Reports of standing committees.

        25                  The Secretary will read.



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         1                  THE SECRETARY:    Senator

         2       DeFrancisco, from the Committee on Finance,

         3       reports the following nomination.

         4                  As superintendent of the State

         5       Police, Joseph A. D'Amico, of West Nyack.

         6                  THE PRESIDENT:    Senator

         7       DeFrancisco.

         8                  SENATOR DeFRANCISCO:    I'm very

         9       pleased to move the nomination of Joseph A.

        10       D'Amico, of West Nyack, as superintendent of

        11       the State Police.

        12                  Mr. D'Amico went through the Crime

        13       and Corrections Committee and was unanimously

        14       referred to the Finance Committee, went to the

        15       Finance Committee and we unanimously voted to

        16       approve his nomination and bring it to the

        17       floor for a final vote.

        18                  I just want to say that the

        19       Governor did a wonderful job in encouraging

        20       and making certain that we had a good person

        21       as the superintendent of State Police.  In

        22       this day and age when people have not very

        23       good things to say about government and people

        24       who serve government, we're very fortunate the

        25       Governor nominated Mr. D'Amico, who has an



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         1       incredible, incredible career in law

         2       enforcement, and an individual who wants to

         3       participate in government and make government

         4       better.

         5                  He's a cop's cop and he understands

         6       the problems we've had with State Police over

         7       the last few years -- not the membership, not

         8       the rank-and-file, but a few people at the

         9       top.  And he's taking -- he has indicated he's

        10       going to take that responsibility to make sure

        11       that the stature of the State Police,

        12       especially the people at the top, is restored

        13       to what it was in the past.

        14                  So I'm very pleased to rise and

        15       support the nomination and move the nomination

        16       of Mr. D'Amico, and I know that he's going to

        17       make an absolutely outstanding superintendent

        18       of State Police for the State of New York.

        19                  Thank you, Mr. President.

        20                  THE PRESIDENT:    Thank you,

        21       Senator.

        22                  Senator Nozzolio.

        23                  SENATOR NOZZOLIO:    Thank you,

        24       Mr. President.  On the nomination.

        25                  Mr. President and my colleagues, in



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         1       the years 1995 through 2007, that 12-year

         2       period, we had one superintendent in the

         3       New York State Police.  Over the last four

         4       years, with the inclusion of the nominee who

         5       is before us, we will have had four

         6       superintendents of the New York State Police.

         7                  One of the issues that the new

         8       nominee, Mr. D'Amico, will be bringing to this

         9       important position is to restore stability

        10       among the ranks.  And I echo the comments of

        11       Senator DeFrancisco.

        12                  As I heard and reviewed

        13       Mr. D'Amico's qualifications and comments as

        14       he spoke before the Crime Victims, Crime and

        15       Corrections Committee and the Finance

        16       Committee, in answering that question, he did

        17       an exemplary job and it was clear and apparent

        18       that the type of police officer's police

        19       officer that Mr. D'Amico has been throughout

        20       his career is exactly what is needed now in

        21       the stewardship of the most important law

        22       enforcement unit, in my opinion, not only in

        23       New York but in the entire nation.

        24                  Joseph D'Amico is extremely well

        25       qualified, has had an exemplary career as a



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         1       police officer, as an inspector, in working

         2       with the Attorney General's office.  And that

         3       I compliment Governor Cuomo on this nomination

         4       and look forward to this Senate working very

         5       hard to ensure that the challenges met by the

         6       superintendent are met and that we do not see

         7       a return from the successes that this body

         8       helped put in place in establishing the most

         9       dramatic drop in violent crime that any state

        10       experienced in the history of our union.

        11                  It's an excellent appointment.  I'm

        12       proud to second the nomination and look

        13       forward to working with Superintendent D'Amico

        14       in meeting the challenges that our State

        15       Police will be confronting in the weeks and

        16       months ahead.

        17                  Thank you, Mr. President.

        18                  THE PRESIDENT:    Thank you,

        19       Senator.

        20                  Senator Carlucci.

        21                  SENATOR CARLUCCI:    Thank you,

        22       Mr. President.

        23                  It's an absolute honor to stand

        24       here in support of nominating Mr. Joseph

        25       D'Amico, who resides in the 38th Senate



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         1       District.  And it's an absolute honor and

         2       privilege to have him and his family as one of

         3       my constituents in the district.

         4                  Mr. D'Amico has a long and

         5       distinguished career serving the community

         6       which he serves in.  And I think Governor

         7       Cuomo has made a great decision in putting

         8       forth Mr. D'Amico to serve all of us as the

         9       next superintendent of the New York State

        10       Police.

        11                  The men and women that serve us in

        12       the New York State Police Department really

        13       deserve the best leader possible.  And I am

        14       honored and privileged to support

        15       Mr. D'Amico's nomination and look forward to

        16       you serving all of us in that capacity.

        17                  Thank you.

        18                  THE PRESIDENT:    Thank you,

        19       Senator.

        20                  Senator Golden.

        21                  SENATOR GOLDEN:    Thank you,

        22       Mr. President.

        23                  I too rise in support of the new

        24       superintendent, Joe D'Amico.  I had the

        25       privilege of knowing Mr. D'Amico when he



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         1       worked for the New York City Police Department

         2       and when he worked for the Attorney General's

         3       office.  And we have seen the successes that

         4       he was able to obtain working the streets of

         5       the Bronx and working the streets of the City

         6       of New York and the State of New York.  We've

         7       seen what he was able to achieve when it came

         8       to Medicaid fraud and Wall Street and other

         9       great issues that faced our great state and

        10       our nation.

        11                  And he was a true leader, and he

        12       had 40,000 police officers, and down to about

        13       32,000 police officers.  So he did more with

        14       less.

        15                  And that's the type of person that

        16       we're going to need going forward:  A good

        17       manager, a person that knows how the police

        18       departments are across this great city and

        19       state, and how to deal with the ever-pressing

        20       issues that will come before him over the next

        21       several years.  And it's good to see a steady

        22       hand that will be leading the state troopers

        23       across this great state as we move forward.

        24                  I remember, as you do, the times

        25       when we had 2,200 or 2,145 homicides in the



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         1       State of New York.  Those were outrageous

         2       days, and they weren't too long ago.  They

         3       were in the early 1990s.  And yes, we are in

         4       the history books of being the greatest state

         5       of being able to reduce crime.  But I don't

         6       want to be in the history book that raises

         7       crime and be one of those states that will

         8       cause more homicides, more robberies and

         9       burglaries into our communities.

        10                  And I know that with the experience

        11       of our new superintendent that we will be able

        12       to keep crime down and to be able to keep the

        13       resources flowing that we need for our state

        14       troopers.  And I will be voting aye for our

        15       new superintendent, Superintendent D'Amico.

        16                  THE PRESIDENT:    Thanks, Senator.

        17                  Senator Gallivan.

        18                  SENATOR GALLIVAN:    Thank you,

        19       Mr. President.

        20                  I also rise to commend the Governor

        21       on the appointment of Joseph D'Amico as the

        22       next State Police superintendent.

        23                  As a former New York state trooper,

        24       former sheriff of Erie County, I know full

        25       well the importance of having a true law



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         1       enforcement professional head such an

         2       important agency to the citizens of New York.

         3                  Growing up, if you will, in my

         4       professional career in the State Police, there

         5       was a time when the State Police was

         6       recognized as the premier agency across the

         7       country.  And we've seen the problems in the

         8       recent past.  And it will take a professional

         9       to restore it to its rightful place as a

        10       leader across the country.

        11                  And not only do I pledge my vote

        12       today in support of this appointment but my

        13       support, to the extent that I can, in

        14       supporting Superintendent D'Amico and keeping

        15       the citizens of New York State safe and

        16       returning the New York State Police to its

        17       rightful place as the premier agency in the

        18       country.

        19                  Thank you.

        20                  THE PRESIDENT:    Thanks, Senator.

        21                  Any other Senators wishing to speak

        22       on the nomination?

        23                  (No response.)

        24                  THE PRESIDENT:    The question is

        25       on the nomination of Joseph A. D'Amico, of



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         1       West Nyack, as superintendent of the New York

         2       State Police.  All in favor signify by saying

         3       aye.

         4                  (Response of "Aye.")

         5                  THE PRESIDENT:    Opposed, nay.

         6                  (No response.)

         7                  THE PRESIDENT:    Joseph A. D'Amico

         8       is hereby confirmed as superintendent of the

         9       New York State Police.

        10                  Superintendent D'Amico.

        11                  (Standing ovation.)

        12                  THE PRESIDENT:    I also want to

        13       congratulate Superintendent D'Amico's wife,

        14       Judith.

        15                  Next, reports of select committees.

        16                  Communications and reports from

        17       state officers.

        18                  Motions and resolutions.

        19                  Senator LaValle.

        20                  SENATOR LaVALLE:    Mr. President,

        21       would you recognize Senator Breslin, please.

        22                  THE PRESIDENT:    Senator Breslin.

        23                  SENATOR BRESLIN:    Thank you,

        24       Senator LaValle.  Thank you, Mr. President.

        25                  On behalf of Senator Squadron, I



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         1       move that the following bill be discharged

         2       from its respective committee and be

         3       recommitted with instructions to strike the

         4       enacting clause:  Senate Print 2326.

         5                  THE PRESIDENT:    So ordered.

         6                  SENATOR BRESLIN:    On behalf of

         7       Senator Krueger, I move that the following

         8       bill be discharged from its respective

         9       committee and be recommitted with instructions

        10       to strike the enacting clause:  Senate Bill

        11       432.

        12                  THE PRESIDENT:    So ordered.

        13                  SENATOR BRESLIN:    And on behalf

        14       of Senator Peralta, I move that the following

        15       bill be discharged from its respective

        16       committee and be recommitted with instructions

        17       to strike the enacting clause:  Senate Print

        18       1876.

        19                  THE PRESIDENT:    So ordered.

        20                  SENATOR BRESLIN:    Thank you,

        21       Mr. President.

        22                  THE PRESIDENT:    Senator LaValle.

        23                  SENATOR LaVALLE:    Mr. President,

        24       I believe there's a privileged resolution at

        25       the desk by Senator Perkins.  May we please



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         1       have the resolution read in its entirety and

         2       move for its immediate adoption.

         3                  THE PRESIDENT:    The Secretary

         4       will read the resolution in its entirety.

         5                  THE SECRETARY:    By Senator

         6       Perkins, Legislative Resolution Number 358,

         7       honoring Howard Dodson upon the occasion of

         8       his designation for special recognition by the

         9       New York Public Library's Schomburg Center for

        10       Research in Black Culture.

        11                  "WHEREAS, It is the sense of this

        12       Legislative Body to recognize that the quality

        13       and character of life in the communities

        14       across New York State are reflective of the

        15       concerned and dedicated efforts of those

        16       individuals who devote themselves to the

        17       welfare of the community and its citizenry;

        18       and

        19                  "WHEREAS, Attendant to such

        20       concern, and in full accord with its

        21       long-standing traditions, this Legislative

        22       Body is justly proud to honor Howard Dodson

        23       upon the occasion of his designation for

        24       special recognition by the New York Public

        25       Library's Schomburg Center for Research in



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         1       Black Culture located in Harlem, New York; and

         2                  "WHEREAS, Howard Dodson, chief of

         3       the Schomburg Center for Research in Black

         4       Culture of the New York Public Library since

         5       1984, is being acknowledged for his

         6       long-standing tenure with the organization.

         7       He is a specialist in African-American history

         8       and a noted lecturer, educator, and

         9       consultant; and

        10                  "WHEREAS, Earning his B.S. degree

        11       in 1961 at West Chester State College and

        12       graduating from Villanova University in 1964,

        13       Howard Dodson completed the requirements for

        14       an ABD at the University of California at

        15       Berkeley in 1974.  He has been awarded

        16       Honorary Doctorates of Humane Letters by the

        17       following:  Widener University in 1987,

        18       Adelphi University in May of 2004, West

        19       Chester University of Pennsylvania in June of

        20       2005, the City College of New York in June of

        21       2006, and an Honorary Doctorate of Letters

        22       from Villanova University in May of 2007; and

        23                  "WHEREAS, Prior to assuming his

        24       position at the Schomburg Center, Howard

        25       Dodson served as a consultant in the office of



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         1       the chairman of the National Endowment for the

         2       Humanities in Washington, D.C., from 1979 to

         3       1982.  He also served in a number of

         4       capacities from 1970 to 1979 at the Institute

         5       of the Black World in Atlanta, Georgia,

         6       including executive director from 1974 to

         7       1979; and

         8                  "WHEREAS, Before joining the

         9       institute, Mr. Dodson was a Peace Corps

        10       volunteer in Equador from 1964 to 1966 and a

        11       national Peace Corps office staff member from

        12       1966 to 1969, including the positions of

        13       deputy director of recruiting and director of

        14       minority and specialized recruiting; and

        15                  "WHEREAS, Howard Dodson has taught

        16       at California State College at Hayward, Emory

        17       University, Shaw University, the City

        18       University of New York, and Columbia

        19       University.  Under his leadership, the

        20       Schomburg Center has developed into the

        21       world's most comprehensive public research

        22       library devoted exclusively to documenting and

        23       interpreting African Diaspora and African

        24       history and culture; and

        25                  "WHEREAS, During Howard Dodson's



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         1       tenure, the center's collections have more

         2       than doubled, totaling over 10 million items.

         3       Users have increased from 40,000 to over

         4       125,000 annually; and

         5                  "WHEREAS, In 1989, Howard Dodson

         6       completed a large capital campaign.  In 1991,

         7       he completed a major physical development

         8       program which renovated the original Schomburg

         9       Center building and created the Langston

        10       Hughes Auditorium.  More recently, he

        11       completed a historic 75th Anniversary Capital

        12       Campaign, raising a significant amount; and

        13                  "WHEREAS, Howard Dodson established

        14       a Scholars-In-Residence program which has

        15       provided six-month and one-year fellowships

        16       for the more than 108 scholars who have been

        17       provided for over the last 20 years.  His

        18       aggressive educational and cultural

        19       programming agenda produces and presents 50 to

        20       75 events annually, as well as four to six

        21       exhibitions; and

        22                  "WHEREAS, Howard Dodson has

        23       published 10 books as well as articles and

        24       essays in newspapers, exhibition catalogs, and

        25       professional journals.  His most recent



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         1       publication is Becoming American:  The 

         2       African-American Journey (Sterling Publishing,

         3       Inc., 2009).  His other publications include

         4       In Motion:  The African-American Migration 

         5       Experience (National Geographic Press, 2005),

         6       Jubilee:  The Emergence of African-American 

         7       Culture (National Geographic Press, 2002) and

         8       The Black New Yorkers:  Four Hundred Years of 

         9       African-American History (Wiley, 2000); and

        10                  "WHEREAS, Howard Dodson has curated

        11       exhibitions on such diverse themes as

        12       'Censorship and Black America' and 'Lest We

        13       Forget: The Triumph Over Slavery,' and has

        14       organized and produced major performing arts

        15       events at Carnegie Hall and the Schubert and

        16       Majestic Theaters on Broadway.  Most recently,

        17       he conceived, organized and directed the

        18       development of a major website entitled 'In

        19       Motion:  The African-American Migration

        20       Experience'; and

        21                  "WHEREAS, Howard Dodson served as

        22       chair of the Federal Steering Committee on the

        23       African Burial Ground.  He was a founding

        24       member of the board of directors of the Upper

        25       Manhattan Empowerment Zone, serving on its



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         1       executive committee and as chair of the

         2       cultural arts committee; and

         3                  "WHEREAS, In addition, Howard

         4       Dodson was director of the research study to

         5       establish the New York State Freedom Trail and

         6       was a member of the President's Commission on

         7       the National Museum of African-American

         8       history and culture.  He was also a former

         9       member of the board of directors of the Apollo

        10       Theater and now currently serves on the

        11       Scientific and Technical Committee of the

        12       UNESCO Slave Route Project; and

        13                  "WHEREAS, A true asset to Harlem,

        14       New York City, the State of New York and the

        15       world, Howard Dodson's distinguished record

        16       merits the recognition and respectful tribute

        17       of this Legislative Body; now, therefore, be

        18       it

        19                  "RESOLVED, That this Legislative

        20       Body pause in its deliberations to honor

        21       Howard Dodson upon the occasion of his

        22       designation for special recognition by the

        23       New York Public Library's Schomburg Center for

        24       Research in Black Culture, and be it further

        25                  "RESOLVED, That a copy of this



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         1       resolution, suitably engrossed, be transmitted

         2       to Howard Dodson, Chief, Schomburg Center for

         3       Research in Black Culture of the New York

         4       Public Library."

         5                  THE PRESIDENT:    Senator Perkins.

         6                  SENATOR PERKINS:    Thank you very

         7       much.  I will be brief.

         8                  I wanted to express my appreciation

         9       especially for you reading it into the record

        10       as you have.

        11                  This individual was very, very

        12       important in terms of my community and

        13       particularly in terms of New York City.  And I

        14       think, if you know anything about Arturo

        15       Schomburg, he was a great historian who was

        16       one of the first to collect historical

        17       artifacts, historical books, historical

        18       information about the African-American and

        19       Latino experience, which includes Puerto

        20       Ricans.  And he's a Puerto Rican that happens

        21       to also be black.

        22                  So for those of us who identify

        23       with him and his legacy, it's amazing the work

        24       that Dr. Howard Dodson did to build up his

        25       collection, to make it such a significant



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         1       collection, world-renowned.  This is not just

         2       a neighborhood resource, but is a

         3       world-renowned resource.

         4                  And we wanted to take this moment

         5       to thank Dr. Dodson for the extraordinary work

         6       that he did by reading this resolution and

         7       making some brief remarks that would extend

         8       our tributes to him on a very personal level.

         9                  I just especially want to thank him

        10       for those young men and women who found their

        11       identity at the Schomburg and not at Rikers

        12       Island.

        13                  Thank you so much.  And I ask that

        14       my colleagues join me in signing onto this

        15       resolution.

        16                  THE PRESIDENT:    Thank you,

        17       Senator.

        18                  Any other Senators wishing to

        19       speak?

        20                  The question is on the resolution.

        21       All in favor signify by saying aye.

        22                  (Response of "Aye.")

        23                  THE PRESIDENT:    Opposed, nay.

        24                  (No response.)

        25                  THE PRESIDENT:    The resolution is



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         1       adopted.

         2                  Senator Libous.

         3                  SENATOR LIBOUS:    Thank you,

         4       Mr. President.

         5                  I believe there is a privileged

         6       resolution by Senator Sampson at the desk.

         7       I'd ask that we would read it in its entirety

         8       and move for its immediate adoption.  But

         9       before we adopt it, if you would call on

        10       Senator Montgomery, please.

        11                  THE PRESIDENT:    The Secretary

        12       will read the resolution in its entirety.

        13                  THE SECRETARY:    By Senator

        14       Sampson, Legislative Resolution Number 262,

        15       memorializing Governor Andrew M. Cuomo to

        16       proclaim February 2011 as Black History Month

        17       in the State of New York.

        18                  "WHEREAS, Black History Month,

        19       previously known as Negro History Week, was

        20       founded by Dr. Carter G. Woodson and was first

        21       celebrated on February 1, 1926.  Since 1976,

        22       it has become a nationally recognized

        23       month-long celebration held each year during

        24       the month of February to acknowledge and pay

        25       tribute to African-Americans neglected by both



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         1       society and the history books; and

         2                  "WHEREAS, The month of February

         3       observes the rich and diverse heritage of our

         4       great state and nation; and

         5                  "WHEREAS, Black History Month seeks

         6       to emphasize that black history is American

         7       history; and

         8                  "WHEREAS, Black History Month is a

         9       time to reflect on the struggles and victories

        10       of African-Americans throughout the country's

        11       history, and to recognize their numerous

        12       valuable contributions to the protection of

        13       our democratic society in war and in peace;

        14       and

        15                  "WHEREAS, Some African-American

        16       pioneers whose many accomplishments, all of

        17       which took place during the month of February,

        18       went unnoticed, as well as numerous symbolic

        19       events in February that deserve to be

        20       memorialized, include:  John Sweat Rock, a

        21       noted Boston lawyer who became the first

        22       African-American admitted to argue before the

        23       U.S. Supreme Court on February 1, 1865, and

        24       the first African-American to be received on

        25       the floor of the U.S. House of



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         1       Representatives; Jonathan Jasper Wright, the

         2       first African-American to hold a major

         3       judicial position, who was elected to the

         4       South Carolina Supreme Court on February 1,

         5       1870; President Abraham Lincoln submits the

         6       proposed 13th Amendment to the U.S.

         7       Constitution, abolishing slavery, to the

         8       states for ratification on February 1, 1865;

         9       civil rights protester Jimmie Lee Jackson dies

        10       from wounds inflicted during a protest on

        11       February 26, 1965, leading to the historic

        12       Selma, Alabama civil rights demonstrations,

        13       including 'Bloody Sunday,' in which 600

        14       demonstrators, including Martin Luther King,

        15       Jr. were attacked by police; Autherine J. Lucy

        16       became the first African-American student to

        17       attend the University of Alabama on February

        18       3, 1956 -- she was expelled three days later

        19       'for her own safety' in response to threats

        20       from a mob; in 1992, Autherine Lucy Foster

        21       graduated from the university with a master's

        22       degree in education, the same day her

        23       daughter, Grazia Foster, graduated with a

        24       bachelor's degree in corporate finance; the

        25       Negro Baseball League was founded on



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         1       February 3, 1920; Jack Johnson, the first

         2       African-American World Heavyweight Boxing

         3       Champion, won his first title on February 3,

         4       1903; and Reginald F. Lewis, born on

         5       December 7, 1942, in Baltimore, Maryland,

         6       received his law degree from Harvard Law

         7       School in 1968.  He was a partner in Murphy,

         8       Thorpes & Lewis, the first black law firm on

         9       Wall Street, and in 1989 he became president

        10       and CEO of TLC Beatrice International Food

        11       Company, the largest black-owned business in

        12       the United States; and

        13                  "WHEREAS, In recognition of the

        14       vast contributions of African-Americans, a

        15       joyful month-long celebration is held across

        16       New York State and across the United States,

        17       with many commemorative events to honor and

        18       display the cultural heritage of

        19       African-Americans; and

        20                  "WHEREAS, This Legislative Body

        21       commends the African-American community for

        22       preserving for future generations its

        23       centuries-old traditions that benefit us all

        24       and add to the color and beauty of the

        25       tapestry which is our American society; now,



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         1       therefore, be it

         2                  "RESOLVED, That this Legislative

         3       Body pause in its deliberations to memorialize

         4       Governor Andrew M. Cuomo to proclaim

         5       February 2011 as Black History Month in the

         6       State of New York; and be it further

         7                  "RESOLVED, That copies of this

         8       resolution, suitably engrossed, be transmitted

         9       to the Honorable Andrew M. Cuomo, Governor of

        10       the State of New York, and to the events

        11       commemorating Black History Month throughout

        12       New York State."

        13                  THE PRESIDENT:    Senator

        14       Montgomery.

        15                  SENATOR MONTGOMERY:    Thank you,

        16       Mr. President.

        17                  I rise to speak on this resolution

        18       honoring and commemorating February as

        19       African-American, Black History Month for the

        20       year 2011.

        21                  Thank you for reading it in its

        22       entirety.  It is simply a formality, because

        23       we have been celebrating this annually for

        24       some time -- many decades, in fact -- here in

        25       New York State.  But we are always reminded



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         1       that it is important to note the contributions

         2       of people, Americans of all classes, all

         3       communities, all groups.  It's just important

         4       that we make note of the contributions as we

         5       deliberate in this chamber.

         6                  And so today we note the

         7       contributions to America of the group of

         8       people that I call the African Diaspora in

         9       America.  And even as part of that

        10       celebration, we must also commemorate and

        11       remember and remind ourselves that it took

        12       several amendments to our Constitution, it

        13       took Supreme Court cases that said people of

        14       African descent had a right, as American

        15       citizens, to be heard in court and to have

        16       rights as other Americans.  It's taken

        17       legislation, as we know.

        18                  So it's taken a long time to get us

        19       to this point.  And let us never forget all of

        20       the major, major contributions in science, in

        21       medicine, in the arts and every other category

        22       of life where members of the African Diaspora

        23       have been extremely instrumental in building

        24       America on every possible front.

        25                  So I'm happy to be able to stand



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         1       here.  There are not many other places where a

         2       person like me in the world would be able to

         3       stand in a chamber like this and speak on

         4       behalf of my people.  So I'm very happy and

         5       honored about that.  And I'm also honored that

         6       you in the chamber have agreed that we need to

         7       take this moment and ask the Governor to

         8       designate this month as Black History Month in

         9       the State of New York.

        10                  Thank you, Mr. President.

        11                  THE PRESIDENT:    Thank you,

        12       Senator.

        13                  Any other Senators wishing to

        14       speak?

        15                  (No response.)

        16                  THE PRESIDENT:    The question is

        17       on the resolution.  All in favor signify by

        18       saying aye.

        19                  (Response of "Aye.")

        20                  THE PRESIDENT:    Opposed, nay.

        21                  (No response.)

        22                  THE PRESIDENT:    The resolution is

        23       adopted.

        24                  Senator Libous.

        25                  SENATOR LIBOUS:    Thank you,



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         1       Mr. President.

         2                  There will be an immediate meeting

         3       of the Finance Committee, followed by an

         4       immediate meeting of the Rules Committee in

         5       Room 332.

         6                  So for the time being, the Senate

         7       will stand at ease.

         8                  THE PRESIDENT:    There is an

         9       immediate meeting of the Finance Committee,

        10       followed by a meeting of the Rules Committee,

        11       in Room 332.

        12                  And the Senate will stand at ease.

        13                  SENATOR LIBOUS:    Mr. President,

        14       before we stand at ease, I would also, on

        15       behalf of Senator Sampson, say that the

        16       resolution is open to all of the members.  If

        17       anyone wishes not to be on it, they should let

        18       the desk know.  Otherwise, all members will be

        19       on the resolution.

        20                  Thank you, Mr. President.

        21                  THE PRESIDENT:    Thank you,

        22       Senator.

        23                  The Senate stands at ease.

        24                  (Whereupon, the Senate stood at

        25       ease at 3:35 p.m.)



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         1                  (Whereupon, the Senate reconvened

         2       at 4:31 p.m.)

         3                  SENATOR LIBOUS:    Madam President.

         4                  ACTING PRESIDENT YOUNG:    The

         5       Senate will come to order.

         6                  Senator Libous.

         7                  SENATOR LIBOUS:    Thank you, Madam

         8       President.

         9                  Can we return to the reports of

        10       standing committees and have the report of the

        11       Rules Committee, please.

        12                  ACTING PRESIDENT YOUNG:    Reports

        13       of standing committees.

        14                  The Secretary will read.

        15                  THE SECRETARY:    Senator Skelos,

        16       from the Committee on Rules, reports the

        17       following bills:

        18                  Senate Print 2706, by Senator

        19       Skelos, an act to amend the General Municipal

        20       Law and others;

        21                  And Senate Print 2707, by Senator

        22       Saland, an act to amend the General Municipal

        23       Law and the Education Law.

        24                  Both bills ordered direct to third

        25       reading.



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         1                  Also, Senator Skelos reports Senate

         2       Resolution Number 338, "RESOLVED, That the

         3       Rules of the Senate for the years 2011-2012

         4       are hereby adopted."

         5                  ACTING PRESIDENT YOUNG:    Senator

         6       Libous.

         7                  SENATOR LIBOUS:    Madam President,

         8       I move to accept the report of the Rules

         9       Committee.

        10                  ACTING PRESIDENT YOUNG:    All in

        11       favor of accepting the report of the Rules

        12       Committee signify by saying aye.

        13                  (Response of "Aye.")

        14                  ACTING PRESIDENT YOUNG:    Opposed,

        15       nay.

        16                  (Response of "Nay.")

        17                  ACTING PRESIDENT YOUNG:    The

        18       report is accepted.

        19                  Senator Libous.

        20                  SENATOR LIBOUS:    Thank you.

        21                  Madam President, if we could now go

        22       to the noncontroversial reading of the

        23       calendar, the supplemental calendar, please.

        24                  ACTING PRESIDENT YOUNG:    The

        25       Secretary will read.



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         1                  THE SECRETARY:    Calendar Number

         2       39, by Senator Skelos, Senate Print 2706, an

         3       act to amend the General Municipal Law, the

         4       Education Law, and the Municipal Home Rule

         5       Law.

         6                  ACTING PRESIDENT YOUNG:    Read the

         7       last section.

         8                  THE SECRETARY:    Section 26.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT YOUNG:    Call the

        11       roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT YOUNG:    Senator

        14       Skelos.

        15                  SENATOR SKELOS:    Thank you,

        16       Madam President.

        17                  I'm going to just quickly explain

        18       my vote and then indicate to the membership

        19       that cosponsorship of this legislation will be

        20       open for anybody who wishes to notify the desk

        21       appropriately.

        22                  This is Governor Cuomo's Program

        23       Bill Number 1, which indicates both the

        24       Senate's desire and we have passed on a number

        25       of occasions, going back to 2008, where we've



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         1       passed a property tax cap proposal.

         2                  What this legislation does is for

         3       school districts it will establish a real

         4       property tax levy cap of 2 percent, or the

         5       CPI, whichever is less.  The Big Five school

         6       districts would be excluded.  The Big Four

         7       school districts would be included through the

         8       local government property tax cap.

         9                  When it comes to school districts,

        10       the only exception for a tax levy above the

        11       2 percent, or CPI, are funds needed to support

        12       voter approval of capital expenditures and an

        13       override of the cap.

        14                  A school district would be required

        15       to submit a tax levy proposition for approval

        16       by voters at district annual meetings on the

        17       third Tuesday in May.  If the proposed tax

        18       levy is within the tax levy limit, then a

        19       majority would be required for approval.  The

        20       override provision would require a 60 percent

        21       approval by the voters.  On a second

        22       submission, if it is voted down or less than

        23       60 percent, if it is defeated a second time,

        24       then the levy would have to be that of the

        25       prior year.



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         1                  In terms of local governments, the

         2       2 percent or the CPI apply.  To override, it

         3       would require a two-thirds vote of the

         4       governing body or, in the case of a district,

         5       a fire district, a resolution.

         6                  There are certain exceptions for

         7       local governments.  One would be large

         8       judgements in excess of 10 percent of the

         9       prior year levy.  Two, levy increases

        10       resulting from municipal government

        11       consolidation.  Three, voter-approved capital

        12       expenditures.  And the fourth would be county

        13       costs for the Temporary Assistance for Needy

        14       Families -- TANF -- direct cash assistance and

        15       safety net assistance programs.

        16                  This legislation, which will

        17       hopefully pass the Senate today, will send a

        18       message that we are going to control property

        19       taxes in this state so that people can afford

        20       to be here, that we can create jobs.

        21                  We are also, as we go through this

        22       budget process, as we've indicated on a number

        23       of times the clear message from the voters of

        24       this state is government at all levels -- and

        25       that includes the State of New York -- has to



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         1       cut spending, they can't raise taxes, they

         2       want us focused on private-sector job

         3       creation, and they want local real property

         4       taxes stabilized.

         5                  So I thank you for the opportunity

         6       to explain my vote.

         7                  ACTING PRESIDENT YOUNG:    Thank

         8       you, Senator Skelos.  You will be recorded in

         9       the affirmative.

        10                  Senator Breslin.

        11                  SENATOR BRESLIN:    Thank you very

        12       much, Madam President.

        13                  I rise to support this legislation.

        14       I was happy last year when I was able to be

        15       part of a majority that voted on a tax cap

        16       twice.

        17                  Homeowners have said enough is

        18       enough.  Governor Cuomo has led the charge.

        19       Our local taxes are 78 percent above the

        20       national average.  We have counties that are

        21       leaders -- not leaders in jobs, but leaders in

        22       having some of the highest property taxes in

        23       this nation.

        24                  So it's time to place a cap, a tax

        25       cap on property.  And it's time, as the



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         1       Governor said, he will bring forth mandate

         2       relief, which will be coupled by this

         3       legislation.

         4                  And I am happy to rise and support

         5       the tax cap in New York State.

         6                  Thank you, Madam President.

         7                  ACTING PRESIDENT YOUNG:    Thank

         8       you, Senator Breslin.  You will be recorded in

         9       the affirmative.

        10                  Senator Krueger.

        11                  SENATOR LIZ KRUEGER:    Thank you,

        12       Madam President.  To explain my vote.

        13                  I have to respectfully disagree

        14       with my colleagues who have spoken already

        15       from both sides of the aisle.  Yes, we have a

        16       property tax issue in various parts of the

        17       state.  But I consistently have pointed out a

        18       tax cap is not necessarily the right way to go

        19       in solving the problem.

        20                  Again, property tax caps don't

        21       reduce anyone's property tax.  They don't

        22       factor in the inequity and regressiveness of

        23       the property tax system by not addressing that

        24       someone might be low in income but house-rich

        25       on some scale.  And this will do nothing solve



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         1       that problem; in fact, it will probably

         2       exacerbate the problem.

         3                  What we also know is the devil is

         4       in the details.  And depending on the math of

         5       your school district, you might find yourself

         6       through this property tax cap, particularly

         7       poor school districts, with almost no money to

         8       meet your school obligations and realistically

         9       no way to have a 60 percent vote.

        10                  In a state such as New York, which

        11       still suffers from inequities in the

        12       distribution of education funds and

        13       educational outcomes, what the research shows

        14       is that a property tax cap will freeze and

        15       exacerbate the problems we already see from

        16       poor districts to wealthy districts.

        17                  I do believe this Legislature

        18       should be working with the Governor to solve

        19       the problem of inequitable distribution of

        20       education money and a regressive property tax

        21       model.  But I don't believe, if this becomes

        22       law, we will find ourselves a year or two down

        23       the line believing this got us to the solution

        24       to our problems.  I vote no.

        25                  Thank you, Madam President.



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         1                  ACTING PRESIDENT YOUNG:    Thank

         2       you, Senator Krueger.  You will be recorded in

         3       the negative.

         4                  Senator Carlucci.

         5                  SENATOR CARLUCCI:    Thank you,

         6       Madam President.

         7                  Over the past year I've had the

         8       good fortune of speaking to thousands of

         9       residents throughout the Hudson Valley.  And

        10       unfortunately, I've heard the same thing over

        11       and over again, whether it's a young family

        12       that recently lost a job and is worrying about

        13       how they're going to pay their property tax

        14       bill or a senior citizen that's been squeezed

        15       out of the community which they've lived in

        16       for decades because of spiralling,

        17       out-of-control property taxes.

        18                  This is a step in the right

        19       direction to get a handle on property taxes

        20       and stop treating property owners like a

        21       limitless ATM machine.  So I look forward to

        22       voting in the affirmative for this bill.

        23                  Through you, Madam President.

        24                  ACTING PRESIDENT YOUNG:    Thank

        25       you, Senator Carlucci.  You will be recorded



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         1       in the affirmative.

         2                  Senator Oppenheimer.

         3                  SENATOR OPPENHEIMER:    Well, it

         4       looks like those outside of New York City have

         5       a very similar problem.

         6                  And I'm voting in favor of this

         7       because we need to do something.  As many of

         8       you know, Westchester has the highest property

         9       tax, the county has the highest property tax

        10       in America.  And to say that we are

        11       overburdened and it's now confiscatory is sort

        12       an understatement.

        13                  I have been saying that we really

        14       have to do more.  Capping just says that it's

        15       going to go up each year by 2 percent or

        16       whatever.  And what I've been saying is we

        17       have to really study what the costs are.  We

        18       have to lower the property tax.  And we can

        19       only do that if we study closely what are the

        20       costs that are driving up the property tax.

        21                  And that I think we must do, but we

        22       also must listen at the same time.  And I'm

        23       sure many others have heard this:  The schools

        24       and the municipal governments are crying out

        25       for mandate relief.  Because there's no way



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         1       they can live with the 2 percent increase if

         2       they don't have some support from us giving

         3       them the mandate relief that will, as I said

         4       earlier, cut their costs.

         5                  So that is, I think, something that

         6       we must focus on in the coming year.  This is

         7       a one-house bill.  Clearly it will have to be

         8       negotiated.  And I hope as a piece of that

         9       negotiation we will be able to discuss those

        10       costs that drive the property tax.

        11                  I'll be voting yes.

        12                  ACTING PRESIDENT YOUNG:    Thank

        13       you, Senator Oppenheimer.  You will be

        14       recorded as a yes.

        15                  Next is Senator Peralta.

        16                  SENATOR PERALTA:    Thank you,

        17       Madam Speaker.

        18                  I am explaining my vote voting in

        19       the negative because we are here today voting

        20       on a lengthy, complex piece of legislation

        21       after being given the least amount of time

        22       possible to review it and consider its impact.

        23                  My question is simple.  Why?  With

        24       a $10 billion budget gap to fill, why the

        25       emphasis on tax cap and tax cuts before even



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         1       the first dime of savings has been identified?

         2       A New York Times editorial last month

         3       headlined "The Tax Cap Illusion" noted that

         4       "History shows, painfully, that caps can do

         5       more harm than good.  California's Proposition

         6       13 led to the deterioration of universities,

         7       schools, and other public facilities."

         8                  The same editorial pointed out that

         9       Massachusetts imposed a cap in 1980 and soon

        10       police officers and firefighters were laid off

        11       and senior centers were closed.  By 1991, the

        12       State Board of Education warned of a crisis

        13       with too many classrooms simply warehousing

        14       students.

        15                  As has been pointed out time and

        16       time again by groups advocating for lower

        17       property taxes, this tax cap will not solve

        18       the problem of high property taxes or make

        19       property taxes any more affordable.  And it

        20       certainly will not lower anyone's property tax

        21       bill.

        22                  So again, the question is why?  Why

        23       on the eve of the release of the Executive

        24       Budget are we being asked to take this vote?

        25       We're putting the cart before the horse.



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         1                  Whatever the answer may be, my

         2       point is this.  The point is, as Democrats we

         3       must ensure that the budget is not balanced on

         4       the backs of middle- and working-class

         5       families and schoolchildren.  There must be

         6       shared sacrifices.  And I say why not wait

         7       until the Executive Budget comes out before we

         8       take this vote.

         9                  I vote in the negative.

        10                  ACTING PRESIDENT YOUNG:    Thank

        11       you, Senator.  You will be recorded as a no.

        12                  Senator Klein.

        13                  SENATOR KLEIN:    Thank you, Madam

        14       President.

        15                  I want to commend the Majority for

        16       bringing this bill forward.  I think if you

        17       look at the history, one of the few things

        18       that the Democrats and the Republicans agree

        19       with is a property tax cap.  In my time in the

        20       State Senate I believe we've passed a property

        21       tax cap, or a version of one, four times.

        22                  This is I think is a very, very

        23       important step towards finally reducing

        24       property taxes in the State of New York.  One

        25       of the things that I think is very clear is if



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         1       we're asking the citizens of our state each

         2       and every day to balance their checkbook, live

         3       within their means, tighten their belts, I

         4       don't think it's too much to ask local school

         5       districts as well as local governments to do

         6       the same.

         7                  I'm not saying that our local

         8       school districts are squandering money, or our

         9       local governments.  But let face facts.  If

        10       you're not required to live within a budget,

        11       you just won't.  And I see what happens in my

        12       local school districts where, instead of

        13       cutting costs, moving things in the opposite

        14       direction, saving the taxpayers money, they

        15       kind of figure out what budget will be

        16       acceptable.  Will a 3 percent increase do it

        17       this year?  Will a 4 percent, would a

        18       5 percent?  Well, that's really not the way to

        19       do business in these tough economic times.

        20                  I know Majority Leader Skelos

        21       alluded to the fact of sort of the ripple

        22       effects of high property taxes, which are

        23       quite true.  One of the reasons why we can't

        24       attract jobs through corporations in New York

        25       State is because young families who would



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         1       maybe locate to New York or take those jobs or

         2       remain in New York to keep those jobs can't

         3       afford to live in the suburbs or anyplace

         4       outside of the cities because of high property

         5       taxes.

         6                  So I think this is a very, very

         7       important first step.  And I do believe the

         8       first way we reduce property taxes is by

         9       implementing a cap.  But I don't think we can

        10       operate in a vacuum.  I've said this many

        11       times on this floor, that I think it's sort of

        12       a three-pronged approach, the first and most

        13       important being the cap.  Next is mandate

        14       relief, which I know we're taking up a

        15       resolution today on.  And I think I would like

        16       to see the return of some type of property tax

        17       relief -- maybe a check, maybe a

        18       circuit-breaker, which I know many in this

        19       house have advocated for.  But before we do

        20       that, we have to make sure we have a definite,

        21       finite funding stream to be able to accomplish

        22       that.

        23                  So I'm very happy that so quickly

        24       within this new legislative session we're

        25       passing the property tax cap.  Madam



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         1       President, I vote yes.

         2                  ACTING PRESIDENT YOUNG:    Thank

         3       you, Senator Klein.  You will be recorded in

         4       the affirmative.

         5                  Next we have Senator Robach.

         6                  SENATOR ROBACH:    Yes, Madam

         7       President.  I too am happy too support this

         8       bill.  I think this is needed.

         9                  And I would concur with Senator

        10       Carlucci.  Everywhere I went for the last two

        11       years, whether it was a community meeting,

        12       walking with PAC-TAC groups to keep a

        13       neighborhood safe, whether it was at a school,

        14       even at the grocery store, people talked about

        15       property taxes more than anything else on

        16       their plate.  They wanted -- and let me

        17       explain to my colleagues in New York City, we

        18       do not have hundreds of thousands of people

        19       moving into our districts.  People are voting

        20       with their feet and are saying it's because of

        21       high property tax.

        22                  You can actually afford a very nice

        23       home, but then the taxes on it are so

        24       outstanding it's not -- I have some

        25       constituents that live on the shoreline of



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         1       Lake Ontario, very nice homes, that pay

         2       $24,000 a year in taxes.  That's $2,000 a

         3       month -- without paying a mortgage, turning on

         4       a light, cutting the lawn, nothing.  It's a

         5       lot.

         6                  And why we need a cap, when people

         7       say you don't understand the time -- I don't

         8       think it's okay to have 7, 8, 9, 10 percent

         9       increases.  People can't afford it.  And

        10       that's what they've been getting in many

        11       places.  And we need to change that.  So we're

        12       doing this.

        13                  And the other reason why I'm so

        14       happy to support this legislation is many

        15       people talked about this during the election,

        16       and a lot of people talked about it for the

        17       last four years but it didn't come to

        18       fruition.  So, number one, we're delivering on

        19       a pledge that many people made as they were

        20       running for reelection.  And I think that's

        21       important, especially at this time for

        22       New Yorkers, because people lost faith that

        23       we're going to put action behind our words.

        24       Now we are.

        25                  Secondly, I'm more optimistic than



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         1       ever that with our new governor, Governor

         2       Cuomo, who has said he supports a property tax

         3       cap, that he may for the first time be able to

         4       put enough pressure, along with the voters of

         5       New York, on the Assembly to really get this

         6       passed and make it a law.

         7                  So I think this is an important

         8       bill, a needed bill, and a very important move

         9       sending a clear message to the people of this

        10       state, especially in Rochester and upstate

        11       New York, that we hear them and we're acting

        12       accordingly.

        13                  I vote in the affirmative.

        14                  ACTING PRESIDENT YOUNG:    Thank

        15       you, Senator Robach.  You will be recorded

        16       yes.

        17                  Senator Flanagan.

        18                  SENATOR FLANAGAN:    Thank you,

        19       Madam President.  To explain my vote.

        20                  The bill that we got today has a

        21       little symbolism right on it.  It says

        22       "Governor's Program Bill Number 1."  So I'm

        23       going to take that as an indication of the

        24       seriousness that our new Governor attaches to

        25       this issue, and frankly I think we all should.



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         1       Property taxes are just simply too high.  The

         2       Governor recognizes it, we all recognize it,

         3       there's been a lot of talk about it.  But we

         4       haven't crossed the finish line.

         5                  Now, it doesn't matter what part of

         6       the state you're from, they're still too high.

         7       I look up in the balcony, and I actually have

         8       constituents from my district here today,

         9       three young kids in the schools.  Their

        10       property taxes are too high.  It's getting

        11       that much more difficult to live in all of our

        12       communities across the State of New York.

        13                  But here's where I think, when

        14       we're going to get criticized, we can stand on

        15       firm ground.  Because last week Senator

        16       Ranzenhofer introduced a bill to institute a

        17       state spending cap.  We're not asking people

        18       to do something that we're not willing to

        19       impose upon ourselves.  For far too long

        20       Albany has told people how to do things but

        21       has not been willing to do the same thing.

        22                  So we cannot have a one-dimensional

        23       approach, as Senator Klein said.  We need a

        24       state spending cap.  We need a property tax

        25       cap.  We need true, legitimate mandate relief.



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         1       We need massive regulatory reform.  We need

         2       real economic development.  A thousand times,

         3       Senator Skelos:  "Taxes, jobs, spending.

         4       Taxes, jobs, spending."

         5                  We have to do a lot more.  This is

         6       a very important first step.  And I

         7       congratulate Governor Cuomo and Senator Skelos

         8       for bringing this bill to the floor.  Thank

         9       you.

        10                  ACTING PRESIDENT YOUNG:    Thank

        11       you, Senator Flanagan.  You will be recorded

        12       as a yes.

        13                  Next, Senator Kennedy.

        14                  SENATOR KENNEDY:    Thank you very

        15       much, Madam President.

        16                  I stand here today as a cosponsor

        17       of this legislation in support of serious

        18       property tax reform, serious property tax

        19       relief, for working families, for middle-class

        20       New Yorkers.  This is not just a Western

        21       New York problem, this is a New York State

        22       problem.  This is an Albany problem.

        23                  And whether we are from Western

        24       New York, in Erie County -- Erie County, one

        25       of the top 10 highest-property-taxed counties



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         1       not only just in New York State but in the

         2       entire nation.  Eight out of the top 10

         3       highest-property-taxed counties in the entire

         4       nation per percentage of home value are in

         5       upstate New York.

         6                  We have a property tax epidemic,

         7       not just a problem.  And the only way we're

         8       going to solve this problem is by enacting

         9       legislation that provides serious relief and

        10       serious solutions.

        11                  People have been voting with their

        12       feet.  In Western New York, in Erie County,

        13       100,000 people have left Erie County since

        14       1980:  100,000 people.  As the Governor had

        15       articulated in his State of the State,

        16       2 million individuals have left in the last

        17       couple of decades.

        18                  We need serious property tax

        19       relief, and it starts today.  So I'm proud to

        20       stand in support of this property tax cap.  I

        21       look forward to furthering the agenda that

        22       provides relief for middle-class and working

        23       families across New York State.

        24                  ACTING PRESIDENT YOUNG:    Thank

        25       you, Senator Kennedy.  You will be recorded in



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         1       the affirmative.

         2                  Senator Valesky.

         3                  SENATOR VALESKY:    Thank you,

         4       Madam President.

         5                  I rise in support of this

         6       legislation.  My constituents, and I'm sure

         7       all of our constituents across the state, time

         8       and time again have complained about the

         9       property tax burden and the fact that we have

        10       to do something about high property taxes here

        11       in New York State.

        12                  Today, once again, in the Senate in

        13       a bipartisan fashion we're doing something

        14       about property taxes, one step in an overall

        15       comprehensive approach.  I want to thank

        16       Senator Klein, who's spent a great deal of his

        17       time over the last couple of years in

        18       fashioning a proposal.  I want to thank

        19       Senator Skelos for making this one of the

        20       first bills that we consider here in the new

        21       2011 legislative session.

        22                  I want to thank Governor Cuomo.  As

        23       Senator Flanagan indicated, this is Governor's

        24       Program Bill Number 1.  The Governor believes

        25       this is such a high priority that he would



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         1       send the legislation to the Legislature even

         2       before his Executive Budget proposal,

         3       underscoring how important this is.

         4                  But in the final analysis, we can

         5       continue here in the Senate year after year

         6       after year passing property tax caps, but I

         7       hope, Madam President, that this is the

         8       year -- finally, this is the year that I and

         9       the 19.5 million New Yorkers can finally thank

        10       the Assembly for doing the right thing and

        11       passing a property tax cap, Governor Cuomo

        12       signing that into law as soon as possible.

        13                  I vote in the affirmative.

        14                  ACTING PRESIDENT YOUNG:    Thank

        15       you, Senator Valesky.  You will be recorded as

        16       a yes.

        17                  Senator Martins.

        18                  SENATOR MARTINS:    Good afternoon,

        19       Madam President.  I also rise in support of

        20       this bill.

        21                  You know, I am reassured that we

        22       have the support of our colleagues on both

        23       sides of the aisle on this issue that is so

        24       important to all of our constituents back

        25       home.  We've all gone through a rather



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         1       lengthy -- and some of us more so than

         2       others -- process getting here these last few

         3       months.  And as you can see, and as we've

         4       heard from others here in the chamber, time

         5       and again people have told us:  If you do one

         6       thing when you get to Albany, lower my taxes.

         7       Do something about taxes, but we simply can no

         8       longer afford to pay any more.

         9                  This is the first step in that

        10       road.  This is the first step in our

        11       commitment to our constituents where we send a

        12       real message not only that we're committed to

        13       a spending cap, as we approved this past week,

        14       but also committed to structural change and

        15       real structural change up and down, not only

        16       affecting local governments but also affecting

        17       ourselves.

        18                  You know, as we have this

        19       opportunity, let's not forget also that this

        20       is also a first step.  We had an opportunity

        21       today and we will have an opportunity today to

        22       vote on a tax cap.  But it goes hand in glove

        23       also with the need for mandate relief.  This

        24       is only a first step.  And I would remind

        25       everyone to please keep that in mind as we



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         1       think about the necessary structural reforms

         2       that we need for local governments and those

         3       price-drivers that affect our ability on a

         4       local level to continue to provide services,

         5       not only for our villages and towns and

         6       counties but also certainly for our school

         7       districts.

         8                  So let's take this as an

         9       opportunity not only to send a message and to

        10       set a line in the sand, but also together to

        11       work towards those necessary mandate reliefs

        12       that our local communities so desperately

        13       need, so that they can continue to provide

        14       basic services to our constituents.

        15                  I vote in the affirmative.  Thank

        16       you.

        17                  ACTING PRESIDENT YOUNG:    Thank

        18       you, Senator Martins.  You will be recorded as

        19       a yes.

        20                  Senator Alesi.

        21                  SENATOR ALESI:    Thank you, Madam

        22       President and my colleagues.

        23                  As the day progresses, it seems as

        24       though many of us, if not all of us,

        25       unfortunately, should be saying the same



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         1       thing.  And that is that this bill is good for

         2       all of New York.

         3                  For far too long we've heard from

         4       people upstate and downstate and all across

         5       the state, from people in the business

         6       community, people in labor, that property

         7       taxes are really at the root of what's killing

         8       our economy in New York State and, more

         9       important, what is diminishing the quality of

        10       life that we should be enjoying.

        11                  By capping property taxes and

        12       following the leadership of Governor Cuomo,

        13       who has made this his first program bill, with

        14       the leadership of Senator Skelos and the

        15       leadership of the previous leadership, we

        16       focused on property tax caps for the last

        17       couple of years.  But now we have what I think

        18       is not only the support of the executive, the

        19       will of the people, but the hope that this

        20       will find its way into the other chambers and

        21       become reality.  So that those young people

        22       who want to build their families here, those

        23       small businesses that want to stay here and

        24       thrive, for our seniors that want to stay in

        25       their homes, it will all be possible.



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         1                  Many more things could be done as

         2       far as tax caps or tax cuts in this state,

         3       whether for individuals, retirees, businesses.

         4       But you have to start that long journey with

         5       this one large step -- not small step, this is

         6       a large step.

         7                  In order for our economy to thrive,

         8       in order for quality of life to improve, a tax

         9       cap is reality if it's passed and signed.  But

        10       it's also a strong and powerful message that

        11       New York State really is the place to live, to

        12       grow a business, to grow a family.

        13                  When you look at all of the quality

        14       educational facilities that we have, private

        15       and public, in this state, we're educating the

        16       best and the brightest that will go all across

        17       this country -- in fact, all across the

        18       world -- to pursue their professions, to

        19       pursue their calling, how many of them do we

        20       lose simply because they know that buying a

        21       home here will cost them too much in taxes?

        22                  Now we can continue to invest in

        23       those educational facilities, we can continue

        24       to invest in our small and large businesses,

        25       and we can continue to say to those people



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         1       that want to buy a home or stay in a home, you

         2       can have it now, you can have it affordably,

         3       and you can enjoy your life because we do have

         4       this first key component in returning New York

         5       State to the Empire State.

         6                  Thank you, Madam President and my

         7       colleagues.

         8                  ACTING PRESIDENT YOUNG:    Thank

         9       you, Senator Alesi.  You will be recorded as a

        10       yes.

        11                  Senator Fuschillo.

        12                  SENATOR FUSCHILLO:    Thank you,

        13       Madam President.  I'll be voting in the

        14       affirmative on this legislation.

        15                  New York State has the unfortunate

        16       distinction of being number one in interstate

        17       migration.  That means more people move out of

        18       our state than any other state in the nation.

        19       If this legislative body does nothing with

        20       respect to property taxes, then they fail the

        21       people of the State of New York.

        22                  There is nowhere that I go -- and

        23       we've heard the same song and comments from

        24       colleagues in this house, that every step they

        25       take, somebody talks about property tax



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         1       relief.

         2                  But what's significant about

         3       today's initiative and today's bill is that

         4       we're changing the direction of this state.

         5       We saw in the last couple of years reckless

         6       spending, reckless increases in taxes and

         7       fees, and a state that has drastically gone in

         8       the wrong direction.  Governor Cuomo and

         9       Senator Skelos, by putting this bill in today,

        10       is pulling it back.  We're saying we want to

        11       cap spending on the state level, we want

        12       two-thirds of this house if you're going to

        13       raise properties or any taxes, and we want to

        14       provide tax credits to small businesses.

        15                  And now property tax relief.  It's

        16       the single most important issue in the State

        17       of New York, and I'll be voting in the

        18       affirmative.

        19                  Thank you, Madam President.

        20                  ACTING PRESIDENT YOUNG:    Thank

        21       you, Senator Fuschillo.  You will be recorded

        22       in the affirmative.

        23                  Senator Saland.

        24                  SENATOR SALAND:    Thank you, Madam

        25       President.



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         1                  Madam President, I too rise in

         2       support of this bill.  Unfortunately, as our

         3       business community has suffered, about the

         4       only thing we've been exporting, if not

         5       hemorrhaging, has been people and jobs.  And

         6       one of the principal reasons -- certainly

         7       there are several -- but one of the principal

         8       reasons has been the onerous burden of our

         9       excessively high taxation, and particularly

        10       painful and heinous within the ranks of those

        11       taxes has been the property tax.

        12                  There can be no forum that I attend

        13       in my district in which that subject does not

        14       come up.  It comes up when I speak with

        15       seniors, it comes up when I speak with the

        16       business community, it comes up when I speak

        17       with my neighbors.

        18                  This tax cap has been something

        19       that we have endeavored to accomplish over the

        20       course of a number of prior sessions.  But

        21       never before have we had the good fortune of

        22       having a Governor who has not only made this

        23       Program Bill 1, working closely with Senator

        24       Skelos, but he has asserted himself, he has

        25       put himself on the line, he has aggressively



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         1       pursued this tax cap.  I am optimistic that

         2       before this session is over we will have a tax

         3       cap.

         4                  And if you think of the things that

         5       we need to revitalize our economy, if you

         6       think of the things that we need to encourage

         7       people to stay and others to come, dealing

         8       with the property tax issue is at the top of

         9       the list.  There are things that we've done

        10       previously that are critically important that

        11       send that same message, whether it's the

        12       spending cap, whether it's the package that we

        13       did to incentivize the creation of

        14       private-sector jobs, or whether it was the

        15       supermajority required for increasing taxes.

        16                  This is a concerted and a

        17       comprehensive effort to get out there that we

        18       want New York open for business, that we want

        19       to be the Empire State and we want people in

        20       our respective districts to know that relief

        21       is on the way.

        22                  Again, Madam Speaker, I vote in the

        23       affirmative.

        24                  ACTING PRESIDENT YOUNG:    Thank

        25       you, Senator Saland.  You will be recorded in



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         1       the affirmative.

         2                  Senator Ranzenhofer.

         3                  SENATOR RANZENHOFER:    Thank you,

         4       Madam President.

         5                  I also rise today in support of the

         6       property tax cap, and I want to thank the

         7       Governor for making it his number-one bill

         8       that he's introduced, and also thank Senator

         9       Skelos for his leadership.

        10                  I hope when people hear what we did

        11       today they finally say to themselves, Well,

        12       the Legislature finally gets it.  We have

        13       members on both sides of the aisle --

        14       Democrats, Republicans, upstate, downstate --

        15       really saying the same thing, that where else

        16       are we going, how many more people do we have

        17       to lose, how many more jobs do we have to

        18       lose.  And I think this sends an important

        19       message that we are moving in the right

        20       direction.

        21                  I'm sure for many of you this is a

        22       very personal type of vote.  Because if you're

        23       like my family, many of your family members

        24       have already left the state.  I have no family

        25       members left in the state other than my wife.



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         1                  And, you know, it used to be when

         2       you were in your neighborhood and you'd be

         3       walking through the neighborhood, every once

         4       in a while someone was moving out of state.

         5       Well, now it's somebody in every single house

         6       that has members of their family having left

         7       the State of New York for states where they're

         8       paying less property taxes.  Nothing is

         9       forcing them to stay here; they have an option

        10       of whether they want to pay $12,000 in New

        11       York or $4,000 in another state.

        12                  And this is a step in the right

        13       direction that says we're not going to be

        14       number one in highest property taxes anymore,

        15       we're going to take a concerted effort to cap

        16       our spending, to cap our taxes and to get this

        17       state moving again.

        18                  So, Madam President, please record

        19       me in the affirmative.  I'm very, very proud

        20       to be voting for this today.  Thank you.

        21                  ACTING PRESIDENT YOUNG:    Thank

        22       you, Senator Ranzenhofer.  You will be

        23       recorded in the affirmative.

        24                  Senator Zeldin.

        25                  SENATOR ZELDIN:    Thank you, Madam



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         1       President.  I rise in the affirmative today on

         2       this tax cap legislation.  Our action

         3       demonstrates that this body is serious about

         4       property tax relief.

         5                  I was sent here by the residents of

         6       the Third Senate District, those residents in

         7       the towns of Islip and Brookhaven.  As I

         8       knocked on the 12,000 doors during this past

         9       campaign season, I had a chance to talk to

        10       many lower-income, middle-income families

        11       struggling to survive right now on Long

        12       Island.  I spoke to many seniors trapped in

        13       their house on fixed incomes but, because they

        14       were living in just a regular three-bedroom,

        15       two-bath house, yet still having to pay

        16       $15,000, $18,000, $20,000 a year in property

        17       taxes.  They have sent me here to represent

        18       them.

        19                  Now, I'm not here, my purpose isn't

        20       to block progress.  And this is, as Senator

        21       Martins mentioned, but one step, one first

        22       step towards property tax relief for the

        23       residents of Islip, Brookhaven, throughout

        24       Long Island and across New York State.  But I

        25       am proud that when I leave here today I'm able



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         1       to go back to them and tell them that today,

         2       on this day in the New York State Senate, I

         3       did what I could to fight for them and to

         4       provide that property tax relief that was

         5       promised to them as I left their doors and

         6       asked them for their vote.

         7                  I ask that when we leave here after

         8       passing this property tax cap, that we

         9       continue the dialogue about mandate relief,

        10       about how to continue to provide an even

        11       better education for our kids, more of a

        12       quality education for our students.

        13                  My daughters, who are 4, are about

        14       to start kindergarten in public school this

        15       year, and I want them to have the best

        16       education.  And when they get older and they

        17       are ready to start their families, if they

        18       want to start their families on Long Island,

        19       they should be able to.  If they want to be

        20       able to start their families here in New York,

        21       they should be able to.

        22                  But for all of those family members

        23       that have left from my family, Senator

        24       Ranzenhofer, as in yours, they have relocated

        25       down in Florida because they can't afford to



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         1       stay here in New York.

         2                  So this is our opportunity.  And I

         3       will not block progress, and I'll continue to

         4       fight for fight for further progress when this

         5       vote is done.  And tomorrow is another day and

         6       dialogue continues.

         7                  Please record my vote in the

         8       affirmative.

         9                  ACTING PRESIDENT YOUNG:    Thank

        10       you, Senator Zeldin.  You will be recorded as

        11       a yes.

        12                  Senator Espaillat.

        13                  SENATOR ESPAILLAT:    Thank you,

        14       Madam President.

        15                  There are no easy solutions to many

        16       of the problems that are facing New Yorkers.

        17       Thousands of homeowners are seeking to get

        18       property tax relief.  Over a million tenants

        19       will be seeking to get some kind of help this

        20       year.  And yet tomorrow we will listen to the

        21       Governor propose his budget.  In it I am sure

        22       he will propose deep cuts that will help gap

        23       the $12 billion deficit affecting this state.

        24                  It is perhaps expedient to take

        25       this property tax vote today, but I find it to



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         1       be a great mistake not to wait and listen to

         2       the budget cuts that are going to be proposed

         3       tomorrow.  Many of those budget cuts will be

         4       in the area of education.  Many of the

         5       localities that may benefit from this tax

         6       relief would also face deep cuts in their

         7       education funding.  And families vote with

         8       their feet not only because of property tax

         9       relief, but they also vote with their feet

        10       when there is crappy schools or when there is

        11       a lack of public safety.

        12                  When many people purchase their

        13       homes for the first time, as a young family,

        14       they look at property taxes, they look at the

        15       quality of education provided by the locality,

        16       they look at the public safety in the

        17       neighborhood.  And these things are integrally

        18       connected.  And not to be able to wait for

        19       tomorrow's proposal by the Governor is perhaps

        20       a little bit too expedient, if not politically

        21       expedient.

        22                  And I will be voting in the

        23       negative on this.  I think that some of those

        24       localities will be coming back to us because

        25       they're going to be strapped for cash.



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         1       They're going to get cut in education, they're

         2       going to get cut in healthcare, and they're

         3       going to be capped in their property tax, a

         4       means of revenue for those localities.  They

         5       will come to these chambers asking for relief.

         6                  This vote is premature.  I am

         7       completely convinced that we need to bring

         8       property tax relief to the State of New York,

         9       but today is not the time.  We should wait for

        10       the Governor's proposal tomorrow, debate it

        11       extensively, see what kinds of cuts he's

        12       proposing to education in Long Island, in some

        13       of the other counties that will otherwise

        14       benefit -- Nassau -- tremendously from this

        15       property tax cap.

        16                  Madam President, I will be voting

        17       in the negative.

        18                  ACTING PRESIDENT YOUNG:    Thank

        19       you, Senator Espaillat.  You will be recorded

        20       as a no.

        21                  I do just want to take this

        22       opportunity to remind the members that we have

        23       a two-minute limit on explaining your vote.

        24                  Senator McDonald.

        25                  SENATOR McDONALD:    Thank you,



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         1       Madam President.

         2                  I want to take this time to thank

         3       our new governor, Governor Cuomo, Senator

         4       Skelos, my colleagues from both sides of the

         5       aisle.  Property tax has been a problem for

         6       working-class men and women for decades.  If

         7       anything, we should have done this years ago.

         8                  It's been mentioned about mandates.

         9       That is a problem for our schools, our county

        10       governments, our local governments.  We cannot

        11       just do a property tax cap without addressing

        12       mandates.  Legitimate mandates should be kept,

        13       and ones that are impractical, in the wrong

        14       place at the wrong time, should be gotten rid

        15       of.  We should be dealing with our local

        16       officials, get the feedback from them.

        17                  The mandates, if not addressed,

        18       won't help us at all, it will hurt us.  But

        19       what we did today, we started a dialogue on

        20       capping property taxes.  The comments that

        21       came from the various communities that have

        22       lost population -- many of them I know very

        23       well, like Erie County.  A great county.

        24       Buffalo area, a great area.  You feel so

        25       sympathetic that these people are leaving our



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         1       state.

         2                  I represent two communities, one

         3       very much like Erie County, an older

         4       industrial community that I was actually

         5       raised in.  No reason that we keep on putting

         6       burdens on them.  They cannot continue to

         7       carry the burden.  They cannot tell people who

         8       live in houses, who come from backgrounds,

         9       blue-collar backgrounds, that we're going to

        10       take your house.  It's simply not fair.

        11                  My other community figured this out

        12       a long time ago.  Lower taxes, and people will

        13       move there.  Lower taxes, the schools get

        14       better.  Lower taxes, the roads, the emergency

        15       services, economic development -- something

        16       New York State used to be Number 1 in and now

        17       is Number 50.

        18                  It's time we start figuring out

        19       that people need jobs.  If you don't come from

        20       a background where jobs are important, nobody

        21       cares.  I come from a background where jobs

        22       are important.  People should realize that.

        23       Jobs are important.

        24                  So this is part of a whole

        25       continuation that our Governor, the Senate



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         1       leader, Dean Skelos, a variety of all of us

         2       here have got to deal with.

         3                  So if you're talking to the public,

         4       they're talking property taxes, income taxes.

         5       In general, they're talking economics.  Keep

         6       people working, get people working, and start

         7       bringing private sector business in.  And the

         8       private-sector business here, let it grow.

         9       Let this state be what it's supposed to be,

        10       the number one Empire State.

        11                  We have hurt this state, we have

        12       hurt the people in it, and we've got to stop

        13       doing that.  Keep the working men and women in

        14       our state and keep them working and let them

        15       pay reasonable taxes for responsible services.

        16                  And I think we started it today,

        17       and I'm very grateful.  I am voting yes.

        18                  Thank you, Madam President.

        19                  ACTING PRESIDENT YOUNG:    Thank

        20       you, Senator McDonald.  You will be recorded

        21       in the affirmative.

        22                  Senator Marcellino.

        23                  SENATOR MARCELLINO:    Thank you,

        24       Madam President.

        25                  I rise in support of this



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         1       legislation.  I think it's a very important

         2       first step.  I wish to thank, as many of my

         3       colleagues have before me, the Governor and

         4       Senator Skelos for bringing this bill to the

         5       floor.

         6                  But I would remind us, and it's

         7       been said before by others, that this is just

         8       a first step.  By freezing taxes at no more

         9       than a 2 percent increase, we're not lowering

        10       them, we're only hoping to slow down the

        11       increase.

        12                  My constituents have sent me a loud

        13       message.  I've got email after email and a

        14       stack of snail-mail letters that could be as

        15       tall as the snowbanks back in my district, all

        16       of them saying, You've got to cut my taxes,

        17       Senator.  We sent you back to Albany this year

        18       to cut taxes, reduce spending, so that we can

        19       attract some businesses, so we can keep our

        20       young people in our state, so we can keep our

        21       businesses in our state and bring new ones

        22       here, so creating careers for our people.

        23                  We need to attract businesses.  We

        24       need to keep our residents here.  We can't do

        25       that by letting taxes increase.  We can only



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         1       do that by decreasing taxes, by creating

         2       private-sector jobs, and by cutting spending

         3       at all levels of government.

         4                  This bill, as I said, is a good

         5       first step, but it's just that.  I look

         6       forward to working in a bipartisan way with

         7       all my colleagues so that we can move forward

         8       and make life good for our constituents, make

         9       life affordable for our constituents.  And

        10       this, as I said, is the beginning.

        11                  I proudly vote aye, Madam

        12       President.

        13                  ACTING PRESIDENT YOUNG:    Thank

        14       you, Senator Marcellino.  You will be recorded

        15       as a yes.

        16                  Senator Larkin.

        17                  SENATOR LARKIN:    Thank you, Madam

        18       President.

        19                  I've been around this chamber a few

        20       days more than most people except for Johnson.

        21       And, you know, it's a happy day.  My office

        22       just told me a few minutes ago that we have 20

        23       emails that say "vote for this."  And the

        24       response we give to them:  I'm a sponsor of

        25       it.



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         1                  But what are we saying with this

         2       vote?  You know, I hear people say, "Well, why

         3       don't we wait till tomorrow when the Governor

         4       gives us his budget."  Well, the Governor

         5       didn't wait.  The Governor handed down his

         6       number-one bill on Friday and said to

         7       Senator Skelos, "I need this passed."

         8                  So we're here today to pass this

         9       bill so that when he talks about his budget

        10       tomorrow, he can say we have achieved the

        11       number-one priority that I have set for this

        12       budget and for this state.  And he'll commend

        13       all of us who did stand up and vote for it.

        14                  I have 17 grandchildren, young men,

        15       you know.  And what do they say to me?  "Why

        16       should I stay here?"  Gramp, you had a home in

        17       North Carolina, you paid $923 a year for total

        18       taxes.  I don't remember what we lost there.

        19       But their attitude was, that's a nice place to

        20       live, I can afford it.

        21                  Maybe it's tightening our belts.

        22       We heard the Secretary of Defense, somebody

        23       commented on him last week where he said

        24       "You've got to do this and you've got to do

        25       that" to the military.  What's the difference



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         1       in saying it to someone else?

         2                  When you start to think that what

         3       we've done is said in a cooperative manner,

         4       bipartisan manner, we're going to stand up

         5       here and work together so that we can make it,

         6       as Senator Zeldin just said, the number-one

         7       state again.  You know our Governor has made

         8       it very clear he wants our cooperation -- not

         9       just Republicans, but bipartisan, Republicans

        10       and Democrats -- to show the business

        11       community across this state that we want to

        12       cooperate.  We are working to get it.

        13                  My district lost a thousand jobs on

        14       a contract by Macy's because of taxes, the

        15       payroll tax that supports New York City,

        16       because the first shovel in the ground would

        17       have cost Macy's $34 million.

        18                  What we're saying here, we want

        19       business to come and stay.  More importantly,

        20       we want our children to have a job here.  And

        21       if you don't vote for this bill, when your

        22       children leave, tell them you're sorry.

        23                  ACTING PRESIDENT YOUNG:    Thank

        24       you, Senator Larkin.  You will be recorded in

        25       the affirmative.



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         1                  Senator LaValle.

         2                  SENATOR LaVALLE:    Thank you,

         3       Madam President.

         4                  I too rise to support this

         5       legislation.  I have long been an advocate for

         6       a tax cap.  And as has been mentioned, this

         7       chamber has passed a tax cap multiple times.

         8       For those who say that we are moving

         9       precipitously, I say the time has long come

        10       that we do this measure.

        11                  I've been listening to individuals

        12       here, and I thought about the process that we

        13       have followed to try and support our education

        14       system and our local governments.  We've done

        15       it by increasing state aid to record numbers,

        16       thinking that that would lower taxes.  In most

        17       of the districts it has not.

        18                  We passed the STAR program thinking

        19       it would lower taxes, and it did not because

        20       it ended up being a supplement state aid

        21       program.

        22                  We passed same-day budget vote

        23       believing that more people would be involved

        24       in the process and that involvement would

        25       bring down taxes.  It has not.



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         1                  We have passed legislation to limit

         2       the number of budget votes to two times.  It

         3       has not lowered property taxes.

         4                  We changed the contingency budget

         5       law to cap spending.  It has failed and has

         6       not lowered taxes.

         7                  So today we stand with the last

         8       possible choice, and that is to provide a tax

         9       cap, property tax cap.  And as has been said,

        10       it is but a first step in a total process to

        11       try and do two things:  Deal with the

        12       individual who pays the bill, and at some

        13       point we will look at and ensure that our

        14       constitutional mandate to provide a free and

        15       appropriate education is maintained.

        16                  I vote in the affirmative.

        17                  ACTING PRESIDENT YOUNG:    Thank

        18       you, Senator LaValle.  You will be recorded as

        19       a yes.

        20                  Senator Nozzolio.

        21                  SENATOR NOZZOLIO:    Madam

        22       President, I ask permission to explain my

        23       vote.

        24                  Madam President and my colleagues,

        25       skyrocketing property taxes are by far the



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         1       number-one concern of the constituents I serve

         2       in the Central Finger Lakes region.  Property

         3       taxes are making it difficult for seniors to

         4       stay in their homes, making it virtually

         5       impossible for young people to afford the

         6       purchase of a new home, and are squeezing the

         7       budgets of families and businesses all across

         8       New York State.

         9                  The action we're taking today, by

        10       placing a cap on school and local government

        11       property taxes, is going to provide homeowners

        12       the relief that they desperately need.

        13                  Madam President, 43 other states

        14       have some type of property tax cap and they've

        15       seen reductions in property taxes across their

        16       states.  It's time New York had the same type

        17       of relief, and it's time in New York, as we

        18       become the 44th state, to again try to make

        19       New York more competitive.

        20                  This is bipartisan.  Governor

        21       Cuomo's first proposal, his very first

        22       priority is establishing this property tax

        23       cap.  We support that priority.  We've

        24       supported it for a number of years.  We're

        25       hopeful that through the Governor's action the



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         1       Assembly will come on board and enact a real

         2       property tax cap.

         3                  Groups from all across New York,

         4       whether it be Unshackle New York, the National

         5       Federation of Independent Businesses, the Farm

         6       Bureau, they all have supported this

         7       legislation, and I'm glad we are about to do

         8       the same.

         9                  And lastly, Madam President,

        10       establishing a cap that accompanied with that

        11       is appropriate mandate relief, measures that

        12       will help school districts and local

        13       governments cut their costs, no longer having

        14       to burden property taxpayers with those costly

        15       mandates is also the essential ingredient in

        16       this.  Together, mandate relief and property

        17       tax capping, putting New York back on the road

        18       to economic recovery, it's a measure that I

        19       wholeheartedly endorse.

        20                  Thank you, Madam President.

        21                  ACTING PRESIDENT YOUNG:    Thank

        22       you, Senator Nozzolio.  You will be recorded

        23       as a yes.

        24                  Senator Grisanti.

        25                  SENATOR GRISANTI:    Thank you,



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         1       Madam President.  I too support this measure.

         2                  But I have different reasons for

         3       this.  I represent an area in Western New York

         4       that's the third poorest in the nation in

         5       regards to its size.  I also represent an area

         6       in Buffalo, New York, that doesn't even have a

         7       school tax bill.  The City of Niagara Falls

         8       that I represent does have a school tax bill,

         9       but yet they have not raised their school tax

        10       bill in 18 years.  The reason being is they've

        11       been coping, they've consolidated, they've

        12       done what was right with regard to their

        13       educational district and their schooling.

        14                  I then talked to the other towns,

        15       in the City of Tonawanda and Grand Island.

        16       They know that a tax cap is coming.  They know

        17       that this year is going to be very painful for

        18       New York State.  It's not going to be easy

        19       this year.  There's a large deficit, we all

        20       know that.  I'm proud because I ran on a

        21       bipartisanship platform and we have a vote

        22       here now that's bipartisanship.

        23                  But when I talked to these school

        24       districts, they said to me, We know a cap is

        25       coming, just give us an override provision.



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         1       Which is what's in that bill.  So I accept

         2       that.

         3                  I'm proud to have the support of

         4       this bill.  Thank you very much.

         5                  ACTING PRESIDENT YOUNG:    Thank

         6       you, Senator Grisanti.  You will be recorded

         7       in the affirmative.

         8                  Senator Farley.

         9                  SENATOR FARLEY:    Thank you, Madam

        10       President.

        11                  I come from a town called

        12       Niskayuna, which some wag once said was an old

        13       Indian word for "high taxes."

        14                  (Laughter.)

        15                  SENATOR FARLEY:    This is an

        16       example of a bill that is really needed by the

        17       general population.  Everywhere I go, they're

        18       demanding that we pass this tax cap.  It's

        19       reasonable.  It's reasonable from the point

        20       that the local taxing unit, they can raise it

        21       if they want to, with a two-thirds vote, but

        22       then they're going to have to face the

        23       taxpayer if they do that.

        24                  As we go forward with this bill --

        25       and I'm so pleased to see so many on the other



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         1       side of the aisle joining in and supporting

         2       this legislation.  And our Governor, who's

         3       made it his major priority and a major plank

         4       in his campaign.

         5                  But I'm asking my colleagues on the

         6       other side of the aisle, you all have Assembly

         7       people.  We all have one, two, three Assembly

         8       people.  Lobby them to take and pass this

         9       particular bill.  If this legislation goes

        10       over to the Assembly and gets emasculated and

        11       filled in with all kinds of exceptions and so

        12       forth, it will be worthless.

        13                  This is the legislation we need.

        14       We need to stand together and do the right

        15       thing for the New York State taxpayer.  I

        16       proudly vote yes.

        17                  ACTING PRESIDENT YOUNG:    Thank

        18       you, Senator Farley.  You will be recorded as

        19       a yes.

        20                  Senator O'Mara.

        21                  SENATOR O'MARA:    Thank you, Madam

        22       President.  I rise in support of this bill.

        23                  Although I have reservations of the

        24       impact of this, if we do not proceed with

        25       mandate relief, that it will be required.



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         1                  I look back at the old adage of

         2       what came first, the chicken or the egg.  Our

         3       taxpayers demand relief from property taxes.

         4       This is one part of that that we have to move

         5       forward with, the cap.  But we also have to

         6       move forward with mandate relief or this cap

         7       will not be feasible for our school districts

         8       or our local governments to contend with.

         9                  I'm proud of the legislation we've

        10       done in this body already this year to put

        11       forth legislation and progress for a spending

        12       cap at the state level and to require a

        13       supermajority at the State Legislature for

        14       spending and tax and fee increases as we are

        15       now looking to move forward with local

        16       governments.

        17                  So while I would prefer to see

        18       mandate relief come first or at the same time

        19       with this, I understand the necessity of

        20       moving forward and keeping the pressure on to

        21       proceed with mandate relief so that this cap

        22       that we move to impose today is feasible for

        23       our local governments to meet and still

        24       provide the necessary services at the local

        25       level besides what we have forced upon them



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         1       from this State Legislature over decades of

         2       mandates being piled on.  We need to relieve

         3       those mandates in addition to this legislation

         4       today.

         5                  Thank you, Madam President.

         6                  ACTING PRESIDENT YOUNG:    Thank

         7       you, Senator O'Mara.  You will be recorded as

         8       a yes.

         9                  Senator Ball.

        10                  SENATOR BALL:    Madam President,

        11       on the bill.

        12                  I know we all have stories in our

        13       district on property taxes and really what is

        14       a system in New York State that has turned

        15       what used to be the American dream into a

        16       nightmare for many.  And I know that we've all

        17       gone door to door and we work all very hard in

        18       our districts.  And when you knock on those

        19       doors and you go in, and many times it's a

        20       senior and they invite you in and they talk

        21       about downsizing.

        22                  When you're 72, 73, 74, 75 or

        23       older, you don't want to downsize.  It's a

        24       polite way to say that I saved, I did the

        25       right thing -- not like my generation, people



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         1       who are 75 and 80, believe me they did the

         2       right thing and they saved.  But they could

         3       never prepare for tax increases that were

         4       double digits compounded annually year after

         5       year after year.

         6                  I'm the first in my family to

         7       graduate from college.  My mother went to work

         8       when she was 17, 18.  She never graduated from

         9       high school.  We talk about reforming

        10       pensions, as if pensions and overtime are a

        11       bad thing.  My mother is retired.  She made

        12       $29,000 a year.  If it wasn't for overtime,

        13       she wouldn't have been able to raise us kids.

        14       She worked nights at Harlem Valley Psychiatric

        15       Center, she came home and she worked in the

        16       rich people's house up on Quaker Hill.  She

        17       literally would work 18 hours a day.  That

        18       wasn't one day, one week, that was a way of

        19       life.

        20                  I watched my parents, who were

        21       caretakers -- which they did during the day,

        22       during their free time -- save enough money,

        23       paycheck by paycheck, and we built the family

        24       home, literally.  My brothers, my mom, my

        25       dad -- my mom, yes.  My mom can outwork any



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         1       man I've ever met in my life.  And they built

         2       that home.  And when I went off to college at

         3       the United States Air Force Academy, I came

         4       back and they said, "You know what, we're

         5       going to sell.  Because we know we're not

         6       going to be able to afford the property

         7       taxes."

         8                  That reality, that reality plays

         9       itself out each and every day.  And it's not

        10       just residential.  I met somebody, a local

        11       business owner, a commercial property owner.

        12       They said that when they moved into

        13       Westchester County, there were over 60

        14       businesses that were in that corporate park.

        15       He's the last one there today.  And last year

        16       every penny he made from leasing out that

        17       property, every single penny went to pay his

        18       property tax bill.  Folks, even organized

        19       crime just takes a taste.

        20                  The New York State Legislature is

        21       breaking the back of working people,

        22       blue-collar people and small business owners

        23       in this state.  If we want people to be able

        24       to stay here, if we want to have a state we

        25       can be proud of, and if we want a tax base --



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         1       and if for no other reason than to be able to

         2       fund the social programs that many of us

         3       support -- we'd better get our act in gear.

         4                  And somebody said, "Well, why do we

         5       have to do it now?"  Because it isn't needed

         6       now, it was needed 20 years ago, and we have

         7       no more time to waste.

         8                  Madam President, I'll be voting in

         9       the affirmative.  Thank you.

        10                  ACTING PRESIDENT YOUNG:    Thank

        11       you, Senator Ball.  You will be recorded as a

        12       yes.

        13                  Does any other Senator wish to

        14       speak?

        15                  The Secretary will record the vote.

        16                  THE SECRETARY:    Those recorded in

        17       the negative on Calendar Number 39 are

        18       Senators Addabbo, Avella, Diaz, Dilan, Duane,

        19       Espaillat, Hassell-Thompson, L. Krueger,

        20       C. Kruger, Montgomery, Parker, Peralta,

        21       Perkins, Rivera, Serrano, Squadron and

        22       Stavisky.

        23                  Ayes, 45.  Nays, 17.

        24                  ACTING PRESIDENT YOUNG:    The bill

        25       is passed.



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         1                  The Secretary will read.

         2                  THE SECRETARY:    Calendar Number

         3       40, by Senator Saland, Senate Print 2707, an

         4       act to amend the General Municipal Law and the

         5       Education Law.

         6                  ACTING PRESIDENT YOUNG:    Read the

         7       last section.

         8                  THE SECRETARY:    Section 5.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT YOUNG:    Call the

        11       roll.

        12                  (The Secretary called the roll.)

        13                  SENATOR SALAND:    To explain my

        14       vote.

        15                  ACTING PRESIDENT YOUNG:    Senator

        16       Saland, to explain his vote.

        17                  SENATOR SALAND:    Thank you, Madam

        18       President.

        19                  Madam President, this a mandate

        20       relief bill which effectively says there shall

        21       be no mandates imposed by the state on any

        22       lower level of government -- be it a school

        23       district, be it a county, be it a

        24       municipality -- unless the state is providing

        25       the funding.  It's a balanced bill that



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         1       recognizes there are certain exceptions;

         2       unexpected judgments, things of that ilk.

         3                  It really reflects a bill that

         4       we've seen in one or another form over the

         5       course of I'd say the last 15 years or more.

         6       It's something that we've been attempting to

         7       do.  It's been really a clarion call, I think,

         8       for this house over the course of the past two

         9       decades.

        10                  And unfortunately, we've yet to

        11       find a response from our colleagues over in

        12       the other side of this third floor, our

        13       friends in the Assembly.  They for some reason

        14       or other find the prospect of dealing with

        15       unfunded mandates to be foreign to anything

        16       and apparently everything that the majority

        17       there believes in.

        18                  This house again has had a long

        19       history -- and a bipartisan one, at that -- of

        20       supporting mandate relief measures.  This

        21       continues that history.  And in this

        22       particular case, I welcome the fact that the

        23       Governor has appointed his mandate relief

        24       reorganization team.  They will be reporting

        25       on the first of March.  And we hopefully at



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         1       that point will begin the process of

         2       supplementing this prospective legislation by

         3       starting to roll back some of these onerous

         4       mandates that have been imposed upon local

         5       governments.

         6                  Thank you, Madam President, for

         7       affording me the opportunity to explain my

         8       vote.  Needless to say, I vote in the

         9       affirmative.

        10                  ACTING PRESIDENT YOUNG:    Thank

        11       you, Senator Saland.  You will be recorded in

        12       the affirmative.

        13                  Senator Squadron, to explain his

        14       vote.

        15                  SENATOR SQUADRON:    Thank you,

        16       Madam President.

        17                  Dealing with the unfunded mandates

        18       across New York State is important, is

        19       critical.  And I commend Governor Cuomo for

        20       beginning the Mandate Relief Task Force, which

        21       is so, so important.

        22                  The problem with this bill is it

        23       has that great title, "mandate relief,"

        24       without the process to make it work.  As I

        25       read the bill, any law that would -- that any



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         1       local government could claim costs them

         2       $10,000 a year would be invalidated or not

         3       become law in some other way that's not fully

         4       defined in this bill.

         5                  The truth is, just putting a great

         6       slogan out there and throwing a bill on the

         7       floor doesn't solve the problem of unfunded

         8       mandates across the state, particularly a bill

         9       that it seems would give near-veto power to

        10       any local government in the State of New York

        11       for any piece of legislation on any basis.

        12                  If you don't believe in the

        13       existence of state government or the ability

        14       to legislate, then this bill's details make a

        15       lot of sense.  Otherwise, they don't.

        16                  Let's work together with the

        17       Governor to get real mandate relief, the sort

        18       that Senator Oppenheimer, Senator

        19       Stewart-Cousins and others have been fighting

        20       for for years.  Let's get it done this year in

        21       a real way.  I vote no, Madam President.

        22                  ACTING PRESIDENT YOUNG:    Thank

        23       you, Senator Squadron.  You will be recorded

        24       as a no.

        25                  The Secretary will announce the



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         1       results.

         2                  THE SECRETARY:    Those recorded in

         3       the negative on Calendar Number 40 are

         4       Senators Avella, Diaz, Espaillat, Gianaris,

         5       Hassell-Thompson, L. Krueger, Montgomery,

         6       Parker, Peralta, Perkins, Rivera, Sampson,

         7       Serrano, Smith, Squadron, Stavisky and

         8       Stewart-Cousins.  Also Senator Dilan.  Also

         9       Senator Duane.

        10                  Ayes, 43.  Nays, 19.

        11                  In relation to Calendar Number 40,

        12       in the negative also Senator C. Kruger.

        13                  Ayes, 42.  Nays, 20.

        14                  ACTING PRESIDENT YOUNG:    The bill

        15       is passed.

        16                  Senator Libous, that concludes the

        17       noncontroversial reading of the calendar.

        18                  SENATOR LIBOUS:    Thank you, Madam

        19       President.  Can we please return to the order

        20       of motions and resolutions.

        21                  And I believe there's a privileged

        22       resolution at the desk by Senator Martins.

        23       May we please have the title read and move for

        24       its immediate adoption.  And I would ask you

        25       to call on Senator Martins after the



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         1       resolution is read.

         2                  ACTING PRESIDENT YOUNG:    Motions

         3       and resolutions.

         4                  The Secretary will read.

         5                  THE SECRETARY:    By Senator

         6       Martins, legislative resolution urging the

         7       Governor of the State of New York and his

         8       Mandate Relief and Medicaid Redesign Teams to

         9       comprehensively address a real property tax

        10       cap and mandate relief reform, in order to

        11       provide the taxpayers of the State of New York

        12       with lasting and meaningful real property tax

        13       relief.

        14                  ACTING PRESIDENT YOUNG:    Senator

        15       Martins.

        16                  SENATOR MARTINS:    Thank you,

        17       Madam President.

        18                  I rise to urge our colleagues here

        19       today to support this resolution as a

        20       reaffirmation of that which we just spoke to,

        21       and that is that the property tax cap is

        22       merely a first step in the necessary real

        23       property tax reform that we need as a state as

        24       we move forward.

        25                  We heard time and again during our



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         1       comments this afternoon that it's not enough

         2       just to cap taxes, but we also have to

         3       understand that there are consequences that

         4       are going to impact our local communities, our

         5       villages, our towns and our counties as well

         6       as our school districts, and that we should as

         7       a chamber stand together in recognizing that

         8       the tax cap was merely a first step, that we

         9       do have additional work and that we should

        10       focus on those mandate relief items that are

        11       before us.

        12                  I know that the Governor has tasked

        13       a Mandate Relief Task Force, in which we are

        14       ably represented by our colleagues Senator

        15       Little and Senator Stewart-Cousins, that is

        16       tasked to come back with some recommendations

        17       by March 1st, as well as our Medicaid Relief

        18       Task Force, also due back with recommendations

        19       by March 1st.

        20                  I think it's important that we send

        21       a message to our local governments, to our

        22       constituents that yes, we capped taxes today.

        23       Yes, it's an important first step.  But

        24       equally as important, it's that we understand

        25       that we have an obligation as a government at



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         1       every level to continue to provide basic

         2       services to our local communities, wherever

         3       they may be, and that we understand that there

         4       are pressures that are placed on local

         5       communities and on school districts by state

         6       mandates that take away from their ability to

         7       meet those requirements under the restrictions

         8       that we have.

         9                  And that we should work together as

        10       a chamber to understand those differences, to

        11       understand those pressures, and to work to

        12       offset those pressure points that exist and

        13       those cost drivers that exist in local

        14       government today.

        15                  So I stand to ask our colleagues

        16       here to reinforce that message, that this job

        17       and this process is not complete by any

        18       measure, and that we're prepared to work

        19       collaboratively not only as a chamber but with

        20       the Governor and with the other chamber to

        21       make sure that real mandate relief is part of

        22       this session.

        23                  Thank you.

        24                  ACTING PRESIDENT YOUNG:    Thank

        25       you, Senator Martins.



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         1                  On the resolution, Senator

         2       Carlucci.

         3                  SENATOR CARLUCCI:    Thank you,

         4       Madam President.

         5                  I'd like to thank Senator Martins

         6       for putting forth this resolution.  As was

         7       just spoken about, a property tax cap is an

         8       important first step in the right direction

         9       towards ultimately lowering property taxes in

        10       New York State and bringing real relief to our

        11       neighbors.

        12                  The most important thing here in

        13       this resolution is giving municipalities and

        14       school districts the tools that they need to

        15       make the decisions, to make smart decisions

        16       that cut costs.

        17                  Right in here is exactly what I was

        18       talking about last week when I put forth a

        19       bill to allow municipalities to pool their

        20       employees together under one healthcare plan,

        21       to allow them and give them the tools to share

        22       services when needed.  And that will bring the

        23       relief that we need that we can pass that

        24       savings on to property taxpayers.

        25                  So again, I want to thank Senator



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         1       Martins for putting this bill forward.  And I

         2       look forward to many of these issues becoming

         3       a reality when we have bipartisan support here

         4       in the Legislature.

         5                  So, Madam President, thank you so

         6       much.  I look forward to voting in the

         7       affirmative on this resolution.

         8                  ACTING PRESIDENT YOUNG:    Thank

         9       you, Senator Carlucci.

        10                  Senator Klein.

        11                  SENATOR KLEIN:    Thank you, Madam

        12       President.  I too would like to rise in

        13       support of this resolution.

        14                  In reading through it, I hope a lot

        15       of what Senator Martins has contained in this

        16       resolution ultimately is passed in both the

        17       Senate and the Assembly.  Because as I said

        18       earlier, there really needs to be a very

        19       comprehensive approach if we're really serious

        20       about reducing property taxes.

        21                  I too introduced a piece of

        22       legislation, and I just want to remind my

        23       colleagues not all mandates are what they call

        24       unfunded mandates.  But sometimes the state

        25       just isn't allowing localities to do very



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         1       simple things which would generate money for

         2       individual localities.  My legislation would

         3       allow the localities to be able to turn tax

         4       arrears and other fines into municipal liens.

         5                  Right now what we're having in

         6       municipalities all over the state is a lot of

         7       people who own homes, most of them owned by

         8       corporations, are running up huge, huge tax

         9       bills, and the localities do not have the

        10       ability to turn around and get them to pay.

        11                  By actually turning them into

        12       municipal liens will allow our localities

        13       throughout the State of New York to really

        14       cash in and get potentially millions and

        15       millions of dollars.

        16                  So of course I vote yes and support

        17       this resolution as well, Madam President.

        18                  ACTING PRESIDENT YOUNG:    Thank

        19       you, Senator Klein.

        20                  Any other Senator wishing to speak?

        21                  (No response.)

        22                  ACTING PRESIDENT YOUNG:    Then on

        23       the resolution, all those in favor signify by

        24       saying aye.

        25                  (Response of "Aye.")



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         1                  ACTING PRESIDENT YOUNG:    Opposed,

         2       nay.

         3                  (Response of "Nay.")

         4                  ACTING PRESIDENT YOUNG:    The

         5       resolution carries.

         6                  Senator Libous.

         7                  SENATOR LIBOUS:    Madam President,

         8       Resolution Number 338 is at the desk.  I ask

         9       that the title be read and we move for its

        10       immediate adoption.

        11                  ACTING PRESIDENT YOUNG:    The

        12       Secretary will read.

        13                  THE SECRETARY:    By Senator

        14       Skelos, Senate Resolution Number 338,

        15       Resolved, That the Rules of the Senate for the

        16       years 2011-2012 are hereby adopted.

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       Breslin.

        19                  SENATOR BRESLIN:    Thank you,

        20       Madam President.

        21                  I believe there is an amendment at

        22       the desk.  I ask that the reading of the

        23       amendment be waived and the sponsor be given

        24       an opportunity to be heard.  And that would be

        25       Senator Squadron.



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         1                  ACTING PRESIDENT YOUNG:    Waive

         2       the reading on the amendment, and you may be

         3       heard on your amendment, Senator Squadron.

         4                  SENATOR SQUADRON:    Thank you,

         5       Madam President.  On the nonsponsor amendment

         6       to the Rules resolution put forward by Senator

         7       Skelos.

         8                  It has long been held in this body

         9       and long been agreed on both sides of the

        10       aisle that the rules need to be fixed.  And

        11       that the reason the rules need to be fixed

        12       isn't so we feel good about ourselves here in

        13       this august chamber or around the halls of the

        14       Capitol, but the rules need to be fixed

        15       because that is the best way to deal with the

        16       pressing issues before the State of New York.

        17                  Today we have spent some time

        18       talking about some of the issues that are

        19       incredibly important across the state.  There

        20       are any number of others.  We're about to see

        21       a budget tomorrow that is likely to be the

        22       worst budget in terms of the pain of cuts that

        23       we've ever seen proposed.

        24                  And the truth is for this body to

        25       be prepared to debate it, to look at that



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         1       budget in the best possible way to ensure the

         2       best possible outcome, we need rules that are

         3       fair, that allow each of us to represent our

         4       constituents.  Our constituents don't care

         5       whether we're in the majority or the minority.

         6       They don't care whether we win an argument on

         7       the floor or lose an argument on the floor.

         8       What they care about is that we as a body are

         9       able to get results on the things that matter

        10       to them.  And the rules are the number-one way

        11       that we do that.

        12                  As Senator Bonacic said a little

        13       over a year ago, good process makes good

        14       policy.  And I couldn't agree with him more.

        15       In fact, Senator Bonacic, Senator Griffo,

        16       former Senator Winner together, close to two

        17       years ago, put out a report.  This report came

        18       at the end of the work of the Temporary

        19       Committee on Rules and Administration which

        20       Senator Smith had put together at the

        21       beginning of the 2009 session.

        22                  That bipartisan committee,

        23       cochaired by Senators Bonacic and Valesky,

        24       including myself, Senator Parker, Senator

        25       Stewart-Cousins, Senator Serrano and Senator



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         1       Klein, went all around the state.  We were in

         2       Syracuse -- we shared a bipartisan meal at the

         3       Great Dinosaur Barbeque in downtown

         4       Syracuse -- we were out on Long Island, we

         5       were here in Albany, we were in New York City

         6       having a deliberative process to figure out

         7       the best rules for the house.

         8                  At the end of that process, the

         9       minority members of that committee put out a

        10       report.  And it was called, I believe, the

        11       "Minority Report of the Temporary Committee on

        12       Rules and Administration," authored by

        13       Senators Bonacic, Griffo and former Senator

        14       Winner.

        15                  That minority report had a lot of

        16       good recommendations in it.  Some of those

        17       recommendations were in fact adopted in the

        18       last session.  Not all of them were.  As we

        19       have long said -- as we said in January of

        20       2009, again in April of 2009, again in July of

        21       2009 -- the rules in this house have

        22       historically been so bad, so unequal, so

        23       nontransparent, so difficult to allow each

        24       member to represent their constituents that we

        25       need many steps to make those rules fair.  We



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         1       had those conversations on the floor, we had

         2       those conversations off the floor.

         3                  Senator Bonacic, Senator Griffo and

         4       Senator Winner put out that minority report,

         5       and it had some great components.  In fact,

         6       the first suggestion quoted Senator Klein, in

         7       the spirit of bipartisanship.  Quoting Senator

         8       Klein in that report, "I would like to make a

         9       recommendation that we allow the ranker of

        10       committees to be able to hire their own

        11       committee or committee staff person, have a

        12       counsel as well as a director, the same as the

        13       chair."  The report then says, "Senator Klein

        14       further pointed out that the chair should have

        15       an additional allocation for a clerk.  The

        16       minority adopts Senator Klein's position."

        17                  The report also banned the

        18       existence of what it so appropriately termed

        19       "Senator Rules," the fact that the Rules

        20       Committee can just put a bill in without a

        21       sponsor.

        22                  It suggested, among other things,

        23       equal access to Senate services so that things

        24       like mailings to our constituents and

        25       technology equipment and access to all of the



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         1       nuts and bolts of the place would be

         2       nonpartisan and equal.

         3                  It suggested that we publish

         4       committee agendas a week in advance so that

         5       members have the time to really study the

         6       bills ahead of time, advocates and those

         7       outside have a time to weigh in.

         8                  It suggested civil-service-type

         9       procedures for the staff of the Senate that

        10       isn't political, that isn't partisan.

        11                  It also suggested that we develop

        12       an amendment process in committee and that we

        13       make it easier to create conference

        14       committees.

        15                  None of those suggestions,

        16       unfortunately, were adopted in the last two

        17       years.  Some of the other suggestions in here

        18       were.  But I stand here today with this

        19       amendment to suggest that those suggestions

        20       made by that minority report from the

        21       temporary committee, made in a bipartisan

        22       spirit, quoting a member from the other side

        23       of the aisle, should be adopted as part of

        24       these rules.

        25                  We all agreed the rules started



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         1       way, way back.  Step by step by step, they are

         2       getting better.  The point today is to

         3       continue to make them better, not to stop the

         4       progress in its tracks.

         5                  For decades the rules only got

         6       worse or they got a little cosmetic change.

         7       Then, for two years, we worked together, all

         8       of us -- I remember working with Senator

         9       Libous and others -- we worked together to

        10       improve the rules.  And this amendment is

        11       about continuing that progress so that

        12       together we can continue to build the best

        13       possible body here in Albany, so that across

        14       the state our constituents can be well served

        15       and we can get results that make a difference

        16       in this time of crisis across the state.

        17                  You know, earlier today in the

        18       Rules Committee there was a brief debate on a

        19       resolution put forward by Senator Krueger.

        20       Now, that was, in my view, the gold standard

        21       of what we could do with rules, Senator

        22       Krueger's resolution.  And unfortunately, it

        23       did not pass through the Rules Committee.  And

        24       perhaps as a body we're not yet there, we're

        25       not yet ready for that.



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         1                  But certainly today we are ready to

         2       adopt the recommendations made 20 months ago

         3       by members of the current Majority.  Certainly

         4       we can come together and say the next step is

         5       to join both sides of the aisle -- those who

         6       authored this report, those who participated

         7       in that temporary committee -- and take the

         8       next step for reform instead of stopping

         9       reform in its tracks.  Which is unfortunately

        10       what this resolution does.

        11                  In fact, this resolution doesn't

        12       even do that, unfortunately.  This resolution,

        13       like so many other rules resolutions over the

        14       years, actually takes a step backwards.

        15       Because this resolution, out of nowhere -- and

        16       I've got to tell you, I've read the minority

        17       report, I've read a number of the previous

        18       rules resolutions going back a number of

        19       years.  I haven't read every one of them, but

        20       I've got to tell you, in every rules

        21       resolution I've read, there was never this

        22       provision, the provision that would strip the

        23       Lieutenant Governor of his or her ability to

        24       ensure that the Senate keeps moving forward,

        25       the provision that makes it impossible for the



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         1       Senate to devolve into the kind of gridlock

         2       that we had for 31 days in June and July of

         3       2009.

         4                  And yet these rules, rather than

         5       taking the next step for progress -- and in

         6       this case, in the case of this amendment, a

         7       very measured step for progress but one that

         8       hopefully we can all come together around --

         9       these rules take a step backward and in fact

        10       take a step backward towards the kind of chaos

        11       we had.  If you remember during that period,

        12       sometimes called the coup, the reason that it

        13       was impossible to move forward was because

        14       there was no Lieutenant Governor.  In fact,

        15       the Governor at the time went to great lengths

        16       to appoint a Lieutenant Governor so that we

        17       could break that gridlock.

        18                  Unfortunately, the members of this

        19       house were not able to come together for 31

        20       days.  We did in fact come into the chamber at

        21       one point simultaneously, but it was certainly

        22       not a session and certainly not productive,

        23       certainly not any of our finest hours.

        24                  And that entire gridlock was

        25       because we didn't have a Lieutenant Governor



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         1       who could move the process of the Senate

         2       forward.  That, by the way, is exactly the

         3       reason that constitutional scholars going back

         4       to 1777 have given for the casting vote for

         5       the power of the Lieutenant Governor:  To move

         6       the process forward, to ensure that we don't

         7       get stuck in a tie that stops the business of

         8       the Senate.

         9                  So unfortunately today we have a

        10       resolution before us that's no better in

        11       reform than where we got as we were moving

        12       forward over the last couple of years.  It

        13       freezes reform in its tracks and then,

        14       unfortunately, turns it right around and takes

        15       a couple of steps backwards.

        16                  Now, this amendment I'm putting

        17       forward, in the interest of bipartisanship and

        18       in the sincere hope that it actually can get a

        19       majority of Senators, does not strike that

        20       Lieutenant Governor clause, though I think

        21       it's unconstitutional and frankly

        22       unconscionable.  What it does is it takes only

        23       provisions put forward in the minority report

        24       from the Temporary Committee on Rules and

        25       Administration, and only takes those which I



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         1       think are most likely to find unanimous or

         2       near unanimous support in this house.  And it

         3       would propose to amend the rules put forward

         4       by the majority in that way, in the following

         5       ways.

         6                  It would limit the number of

         7       committees on which a Senator may serve to not

         8       more than four committees and one

         9       subcommittee.  It would eliminate "aye without

        10       recommendation," so that everyone has to vote

        11       up or down in committee.  It would require the

        12       Journal Clerk to date and time-stamp each bill

        13       upon introduction.  It would call for regional

        14       prebudget hearings to solicit input from

        15       various areas in the state.

        16                  I would point out that the current

        17       rules before us change the previous rules by

        18       doing away with postbudget hearings.  So this

        19       would certainly correct for that.

        20                  It specifies that additional

        21       funding should go to ranking members on

        22       committees to allow them to hire necessary

        23       staff.  It specifies that the administration

        24       and operations of the Senate shall be provided

        25       equitably to majority and minority Senators.



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         1                  It requires committee agendas to be

         2       submitted one week prior to the scheduled

         3       committee meeting.  It requires the Secretary

         4       of the Senate to develop nonpartisan

         5       civil-service-based procedures to hire staff.

         6       And it takes Senator Rules out of the picture

         7       by taking the ability of the Rules Committee

         8       to introduce legislation.

         9                  Every one of those provisions was

        10       in the minority report authored by three

        11       Republican Senators.  Every one of those

        12       provisions is a reasonable next step in

        13       reform.  And for that reason, I urge you to

        14       vote for this amendment that I put forward for

        15       this resolution.

        16                  Thank you.

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       DeFrancisco, would you yield for a question?

        19                  SENATOR SQUADRON:    Senator

        20       DeFrancisco, I'd be happy to.

        21                  SENATOR DeFRANCISCO:    Just -- my

        22       question is, in view of all the benefits of

        23       this minority report and how terrific it was,

        24       when you were in the majority and had the

        25       votes to adopt all of these, you must have had



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         1       a reason why not to adopt them.  Can you give

         2       us that reason?

         3                  SENATOR SQUADRON:    Senator

         4       DeFrancisco, I think that I was trying to

         5       describe -- in fact, I thought I had hit it on

         6       repeatedly, but I'm happy to do it again --

         7       the process by which we went from rules that

         8       were pretty much the worst rules under the two

         9       previous majorities ago, that were pretty much

        10       the worst rules in the nation in terms of

        11       openness -- in fact, the only legislative body

        12       in the nation I believe that had in effect a

        13       nonoverrideable veto for the leader, who had

        14       sole control over what bills went to the

        15       floor, under the old rules, through the active

        16       list and the starring system.  And so we were

        17       starting at a very, very low point.

        18                  And, look, my view was, and I said

        19       this every step of the way -- and the

        20       transcripts will reflect that -- every step of

        21       the way, I said we should be going a little

        22       bit farther and a little bit quicker.  But the

        23       truth is in January 2009 we put the best rules

        24       in the history of this Senate into effect in

        25       terms of bipartisanship, in terms of



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         1       empowering members.  In April we put forward a

         2       report that took the next --

         3                  ACTING PRESIDENT YOUNG:    Senator

         4       DeFrancisco, why do you rise?

         5                  SENATOR SQUADRON:    -- step.  In

         6       July, the rules went even farther.  And what

         7       I'm saying is this is the appropriate next

         8       step.

         9                  Do I wish we had done more in the

        10       last two years?  Absolutely.

        11                  ACTING PRESIDENT YOUNG:    Senator

        12       DeFrancisco.

        13                  SENATOR SQUADRON:    Should we take

        14       this opportunity right now?  Without a doubt.

        15                  SENATOR DeFRANCISCO:    Would you

        16       yield to another question?

        17                  ACTING PRESIDENT YOUNG:    Would

        18       you yield, Senator?

        19                  SENATOR SQUADRON:    I'd be happy

        20       to.

        21                  SENATOR DeFRANCISCO:    So from

        22       December of 2009 to December of 2010, you

        23       couldn't find time to get around to these

        24       rules that are so important to pass at this

        25       moment, is that the idea?  There was no time



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         1       to do it or you were going slowly or -- you

         2       know, I'm not quite sure the reason.  You

         3       haven't given me the reason why you didn't get

         4       back to these rules.

         5                  SENATOR SQUADRON:    Senator

         6       DeFrancisco, I'm surprised to hear you say,

         7       just based on having been here for a number of

         8       debates over the last couple of years, that

         9       you wish we had spent more time in process

        10       over the last two years.

        11                  As I say, I do believe that we need

        12       to be going farther and we need to be going

        13       farther faster.  What I don't understand is

        14       why today we would freeze the progress that

        15       we've made in its tracks.  The truth is,

        16       Senator DeFrancisco, there were new rules in

        17       January of 2009; they were better than the

        18       previous rules.  There were new rules in July

        19       of 2009; they were better than the previous

        20       rules.  And now it is January of 2011, and

        21       these rules should be better than the previous

        22       rules, not worse.

        23                  ACTING PRESIDENT YOUNG:    Senator

        24       DeFrancisco.

        25                  SENATOR DeFRANCISCO:    One last



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         1       question, and one last attempt.

         2                  ACTING PRESIDENT YOUNG:    Senator

         3       Squadron, do you yield to Senator DeFrancisco?

         4                  SENATOR SQUADRON:    I do, even if

         5       it's not the last question or the last

         6       attempt.

         7                  SENATOR DeFRANCISCO:    Senator,

         8       can you tell me why the prior majority freezed

         9       the process from January of 2009 to December

        10       of 2010?

        11                  SENATOR SQUADRON:    Senator

        12       DeFrancisco, I actually wouldn't say that we

        13       froze the process.  In fact -- I don't know if

        14       you are on the Rules Committee; I am not.  But

        15       I know that Senator Krueger's, as I put it,

        16       gold standard of rules was put forward there.

        17       A lot of those provisions actually have been

        18       developed over the last year and a half.

        19                  Again, Senator DeFrancisco, over

        20       the last couple of years ago we did a whole

        21       lot.  We created a new temporary committee.

        22       We unfortunately, because of the lack of a

        23       Lieutenant Governor, the inability to break an

        24       awful, awful stalemate, had some of the

        25       darkest 31 days in this Senate's history.



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         1                  And the truth is, as I said before,

         2       the January 2009 rules were better than any

         3       that had come before.  The July 2009 rules

         4       were better than any that had come before.

         5       And now, unfortunately, in January of 2011 we

         6       have before us rules that are worse.  And that

         7       is the wrong direction.  That is the end of

         8       progress here.

         9                  And I think I'll close by quoting

        10       Senator DeFrancisco from January of 2009.  And

        11       he was standing on this side of the aisle and

        12       looking across to that side, and so I will do

        13       the same.  "You can do now with your vote

        14       exactly what you claimed was necessary for

        15       many years.  All I want to do is basically set

        16       the record straight.  Conduct is a heck of a

        17       lot more important than words touting

        18       reforms."

        19                  And so, Senator DeFrancisco, in

        20       that spirit, I hope that these rules will not

        21       be worse than the rules that we had in July

        22       and in January over the last term.  I hope

        23       these rules will be better.

        24                  Thank you.

        25                  ACTING PRESIDENT YOUNG:    Senator



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         1       Saland.

         2                  SENATOR SALAND:    I was about to

         3       ask Senator Squadron if he might yield.

         4                  ACTING PRESIDENT YOUNG:    Senator

         5       Squadron, do you yield?

         6                  SENATOR SQUADRON:    I'd be happy

         7       to.

         8                  SENATOR SALAND:    Senator

         9       Squadron, are you aware, in your review of the

        10       rules that you undertook, whether or not the

        11       members of this chamber could vote on bills,

        12       as distinguished from resolutions, by voice

        13       vote?  Has this chamber ever been able to

        14       vote --

        15                  SENATOR SQUADRON:    I'm sorry,

        16       would you repeat -- under which rules are

        17       you --

        18                  SENATOR SALAND:    Has there ever

        19       been a set of rules in this chamber -- you

        20       said you studied the rules, you went back and

        21       looked at the rules.  And I'm asking if you're

        22       aware if there -- however lengthy or brief

        23       your study was, did the rules ever permit a

        24       voice vote on a bill as distinguished from a

        25       resolution?



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         1                  ACTING PRESIDENT YOUNG:    Senator

         2       Squadron, before you respond, I would like to

         3       remind the members to go through the chair,

         4       please.

         5                  Senator Squadron.

         6                  SENATOR SQUADRON:    Thank you,

         7       Madam Chair.  I think I am interested in

         8       hearing Senator Saland's reasoned analysis of

         9       that question, because it doesn't seem to be a

        10       simple yes or no.

        11                  SENATOR SALAND:    I think the

        12       question requires a simple yes or no.  Have

        13       you -- well, let me ask you, can you think of

        14       a perhaps more inappropriate, less transparent

        15       and more undemocratic means by which to govern

        16       than to permit voice votes on bills as

        17       distinguished from resolutions?

        18                  ACTING PRESIDENT YOUNG:    Senator

        19       Squadron.

        20                  SENATOR SQUADRON:    If the

        21       question is can I think of a less democratic,

        22       less transparent and more -- perhaps

        23       "dysfunctional" was the word you used; I don't

        24       recall -- way of operating than to permit

        25       voice votes on bills rather than resolutions,



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         1       yes, I can imagine significantly less

         2       democratic, less transparent, and more

         3       dysfunctional rules than that.

         4                  SENATOR SALAND:    So if --

         5                  ACTING PRESIDENT YOUNG:    Again,

         6       Senator Saland, if you would go through the

         7       chair, please.

         8                  SENATOR SALAND:    If he'll

         9       continue to yield.

        10                  ACTING PRESIDENT YOUNG:    Will you

        11       yield?

        12                  SENATOR SALAND:    Senator

        13       Squadron, so then you would find it acceptable

        14       to --

        15                  ACTING PRESIDENT YOUNG:    One

        16       moment.

        17                  Senator Squadron, do you yield?

        18                  SENATOR SQUADRON:    I do.  Thank

        19       you, Madam President.

        20                  ACTING PRESIDENT YOUNG:    Thank

        21       you, Senator.

        22                  SENATOR SALAND:    So you would

        23       find it an acceptable practice that members

        24       would not be recorded on votes on bills and

        25       would merely vote aye or no and have the



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         1       ability to say that they did whatever it is

         2       that they would want to tell their

         3       constituents that they did?

         4                  SENATOR SQUADRON:    Through you,

         5       Madam President --

         6                  ACTING PRESIDENT YOUNG:    Yes,

         7       Senator.

         8                  SENATOR SQUADRON:    -- I actually

         9       don't find that acceptable.  I said that I

        10       could imagine less democratic, less

        11       transparent and more dysfunctional procedures

        12       than that one.  And in fact the one that gives

        13       the majority leader of either party the

        14       executive ability to in effect veto any

        15       legislation in the State of New York I think

        16       is all of those things.

        17                  But this also is problematic.  As,

        18       by the way, was the long tradition in this

        19       house of so-called empty-seat voting, where

        20       folks could check in and then did not need to

        21       appear in the chamber at all and were able to

        22       have their votes recorded.

        23                  ACTING PRESIDENT YOUNG:    Thank

        24       you, Senator.

        25                  Senator.



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         1                  SENATOR SALAND:    Well, if Senator

         2       Squadron would continue to yield.

         3                  ACTING PRESIDENT YOUNG:    Senator

         4       Squadron, do you yield?

         5                  SENATOR SQUADRON:    I do, yes.

         6                  ACTING PRESIDENT YOUNG:    The

         7       Senator yields.

         8                  SENATOR SALAND:    If in fact,

         9       again, you are in attendance and you are

        10       permitted to vote by voice, as distinguished

        11       from a show of hands or some electronic

        12       device, is that not terribly undemocratic and

        13       would that fit under a definition of

        14       dysfunctional?

        15                  SENATOR SQUADRON:    If you're

        16       present and allowed to vote by a show of --

        17       excuse me.  Through you, Madam President.  If

        18       you're present and allowed to vote through a

        19       show of hands --

        20                  SENATOR SALAND:    Senator

        21       Squadron, perhaps I didn't express myself

        22       appropriately.

        23                  Will the Senator continue to yield?

        24                  ACTING PRESIDENT YOUNG:    Will you

        25       yield to Senator Saland?



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         1                  SENATOR SQUADRON:    I will, Madam

         2       President.

         3                  ACTING PRESIDENT YOUNG:    Thank

         4       you.

         5                  SENATOR SALAND:    I said if you're

         6       present and -- as distinguished from voting by

         7       a show of hands or in those chambers that

         8       might have electronic devices -- you were

         9       permitted by the rules of this house to cast a

        10       voice vote on the bills we did today, for

        11       example, would that not trouble you as being

        12       undemocratic and dysfunctional?

        13                  SENATOR SQUADRON:    Yes.  Yes, it

        14       would, Madam Chair.  And this is one reason

        15       that -- and I'm not sure if this is what

        16       Senator Saland is referring to, but it's one

        17       reason that this house under these rules,

        18       under the rules adopted in the last session,

        19       no longer has a canvass of agreement.

        20                  SENATOR SALAND:    I'm sorry, I

        21       didn't hear Senator Squadron's last --

        22                  ACTING PRESIDENT YOUNG:    Senator

        23       Squadron, could you please repeat what you

        24       just said?

        25                  SENATOR SALAND:    I caught



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         1       everything up to "That's one of the reasons

         2       why this house," and then --

         3                  SENATOR SQUADRON:    It's one

         4       reason why this house no longer has a canvass

         5       of agreement, thanks to the last term.

         6                  ACTING PRESIDENT YOUNG:    Thank

         7       you, Senator.

         8                  Senator Saland, would you like to

         9       ask another question?

        10                  SENATOR SALAND:    You, in your --

        11       if you'll continue to yield.

        12                  ACTING PRESIDENT YOUNG:    Will you

        13       yield, Senator?

        14                  SENATOR SQUADRON:    Through you,

        15       Madam President, I will.

        16                  ACTING PRESIDENT YOUNG:    Go

        17       ahead, Senator Saland.

        18                  SENATOR SALAND:    With regard to

        19       your earlier comment -- and I think it had

        20       something to do with the ability of the

        21       Majority Leader to take a bill off the

        22       calendar.  That was something which was

        23       referred to, before you came here, as starring

        24       a bill.  Which a member may still be able to

        25       do, but a leader cannot do.



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         1                  That was a practice that certainly

         2       was decried, and appropriately so, and really

         3       hadn't been used in a number of years.  I

         4       don't quite recall when I saw it, if I saw it

         5       at all during my 20 years here.

         6                  And the purpose of my question is

         7       just to establish some relativity.  As

         8       offensive as the practice of starring is, at

         9       least you know who the individual is who was

        10       the culprit who starred the bill.  I would

        11       find far more egregious the fact that a member

        12       could vote on a bill and go home and claim

        13       that he or she voted either yes or no and

        14       there would be no record other than a voice

        15       vote.

        16                  ACTING PRESIDENT YOUNG:    Senator

        17       Squadron.

        18                  SENATOR SQUADRON:    Through you,

        19       Madam President.  I believe that both are

        20       highly problematic.

        21                  As I say, the rules in the last

        22       term eliminated the canvass of agreement which

        23       in effect did that.  And I'm glad it did.

        24                  And just briefly, what I was

        25       referring to when I keep referring to the



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         1       nonoverrideable veto of the Majority Leader

         2       was not just the ability of the leader to

         3       star, but also the fact that the active list

         4       was exclusively controlled by the leader

         5       without any procedures that could otherwise

         6       get a bill to the floor, procedures that did

         7       get put in place last term:  the petition for

         8       chamber consideration, the motion for chamber

         9       consideration.

        10                  ACTING PRESIDENT YOUNG:    Thank

        11       you, Senator Squadron.

        12                  Senator Saland, do you ask that

        13       Senator Squadron continues to yield?

        14                  SENATOR SALAND:    No.

        15                  Thank you, Senator Squadron.

        16                  ACTING PRESIDENT YOUNG:    Do you

        17       continue to yield, Senator?

        18                  SENATOR SQUADRON:    I believe

        19       Senator Saland is speaking on the amendment.

        20                  SENATOR SALAND:    May I conclude?

        21       Do I have the floor?  I believe I do.  I think

        22       Senator Squadron is --

        23                  ACTING PRESIDENT YOUNG:    Senator

        24       Saland, on the amendment.

        25                  SENATOR SALAND:    Thank you.



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         1                  The purpose of the exercise was not

         2       merely to engage in semantics.  And the reason

         3       for the reference to relativity, at least five

         4       or so years ago, the last time I checked this

         5       data, there were somewhere in the area of two

         6       dozen houses, out of 99 -- so approximately

         7       25 percent of the state legislative houses in

         8       this nation permitted voice votes on

         9       legislation.  A practice which in and of

        10       itself would certainly seem to be one of the

        11       least transparent, most undemocratic, and

        12       certainly, I think, grossly inappropriate

        13       means by which members have the opportunity to

        14       not merely cast their votes but to provide

        15       themselves with the political good fortune of

        16       saying whatever they want back home, depending

        17       upon how the winds shift.

        18                  And the only reason I bring this up

        19       is simply because in the course of your

        20       comments you had characterized some of the old

        21       rules as being particularly dysfunctional.  I

        22       find that to be -- and again, as recently as

        23       five years ago, 25 percent of the houses in

        24       this country permitted voice voting.  I find

        25       that, in fact, to be far more troubling.



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         1                  And the rules that we will deal

         2       with once the vote has been had on the

         3       amendment effectively are the rules that were

         4       adopted last year, with several minor changes

         5       and one change that you alluded to as being

         6       unconstitutional or unconscionable -- for

         7       which there certainly is no authority, and

         8       perhaps we can address that when we get to

         9       that particular rule or resolution.

        10                  Thank you, Madam President.

        11                  ACTING PRESIDENT YOUNG:    Thank

        12       you, Senator Saland.

        13                  Senator Duane.

        14                  SENATOR DUANE:    Thank you, Madam

        15       President.  If Senator Saland will yield.

        16                  ACTING PRESIDENT YOUNG:    Senator

        17       Saland, do you yield?

        18                  SENATOR DUANE:    I'm sorry, I'm

        19       sorry.  If Senator Squadron will yield.

        20                  ACTING PRESIDENT YOUNG:    Oh, I'm

        21       sorry.  Excuse me.  Senator Squadron, do you

        22       yield to Senator Duane?

        23                  SENATOR SQUADRON:    I do, Madam

        24       President.

        25                  ACTING PRESIDENT YOUNG:    Senator



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         1       Duane, Senator Squadron yields.

         2                  SENATOR DUANE:    Thank you, Madam

         3       President.

         4                  Is it true that before the

         5       now-majority invited Senators Monserrate and

         6       Espada into their conference, that you were

         7       particularly strong in your advocacy for rules

         8       reform?

         9                  SENATOR SQUADRON:    Through you,

        10       Madam President, I certainly focused on it

        11       quite a bit and pushed as hard as I could

        12       while in the majority, both before and after

        13       those 31 days.

        14                  SENATOR DUANE:    Thank you, Madam

        15       President.  If the Senator will continue to

        16       yield.

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       Squadron, do you yield?

        19                  SENATOR SQUADRON:    I do.

        20                  ACTING PRESIDENT YOUNG:    Go

        21       ahead, Senator Duane.

        22                  SENATOR DUANE:    And is it not

        23       true that after Senators Espada and Monserrate

        24       joined the now-majority that the

        25       then-majority, now minority, with a steady



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         1       hand was able to keep at least the operations

         2       of the Senate functioning?

         3                  ACTING PRESIDENT YOUNG:    Senator

         4       Squadron.

         5                  SENATOR SQUADRON:    Through you,

         6       Madam President.  Absolutely.  And in fact,

         7       though not everything we wanted to do was

         8       done, a lot of significant legislation passed

         9       in that period.

        10                  SENATOR DUANE:    And, Madam

        11       President, if the Senator will continue to

        12       yield.

        13                  ACTING PRESIDENT YOUNG:    Do you

        14       yield?

        15                  SENATOR SQUADRON:    I do.

        16                  SENATOR DUANE:    And is it true

        17       that even after Senators Espada and Monserrate

        18       decided to leave the now-majority,

        19       then-minority, that you, with Senators from

        20       both sides of the aisle, continued to advocate

        21       strongly for continued rules reform?

        22                  ACTING PRESIDENT YOUNG:    Senator

        23       Squadron.

        24                  SENATOR SQUADRON:    It absolutely

        25       is.



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         1                  SENATOR DUANE:    And --

         2                  ACTING PRESIDENT YOUNG:    Senator

         3       Duane, are you asking Senator Squadron to

         4       yield?

         5                  SENATOR DUANE:    Yes, Madam

         6       President, I am.

         7                  ACTING PRESIDENT YOUNG:    Do you

         8       yield, Senator Squadron?

         9                  SENATOR SQUADRON:    I do.  Thank

        10       you.

        11                  ACTING PRESIDENT YOUNG:    Go

        12       ahead.

        13                  SENATOR DUANE:    And was it your

        14       impression that -- or is it your belief that

        15       in order to have lasting rules reform you need

        16       buy-in from both sides of the aisle and

        17       bipartisan agreement on rules reform?

        18                  ACTING PRESIDENT YOUNG:    Senator

        19       Squadron.

        20                  SENATOR SQUADRON:    I absolutely

        21       do.  And in fact, that's what -- subsequent to

        22       those two Senators helping to freeze the

        23       chamber for 31 days, that's what we had.

        24                  And in fact, to just briefly go

        25       back to a question of Senator DeFrancisco's,



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         1       in fact we had that agreement and had been

         2       asked by the then-minority to commit to not

         3       changing the rules through the rest of that

         4       session so as not to get into any other

         5       procedural battles of that sort so we could do

         6       the people's business for the rest of the

         7       session.

         8                  SENATOR DUANE:    And through you,

         9       Madam President, if the Senator will yield.

        10                  ACTING PRESIDENT YOUNG:    Senator

        11       Squadron, do you yield?

        12                  SENATOR SQUADRON:    Yes.

        13                  SENATOR DUANE:    And if the

        14       Senator will tell us what was the result of

        15       that request at that time.

        16                  SENATOR SQUADRON:    Through you,

        17       Madam President, the result of the request

        18       from the minority at the time that the Senate

        19       did get back to business, and did pass the

        20       most significant rules changes that Albany has

        21       seen in decades, was that rules were adopted,

        22       rules were followed, the chaos and the fights

        23       over rules and procedure melted away.

        24                  The house voted on bills; sometimes

        25       they got passed, sometimes they didn't.  I



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         1       wish more had gotten passed, but I'm glad the

         2       process worked as it did.  Members of both

         3       parties were empowered.  Members of both

         4       parties were able to serve their constituents.

         5       There were still procedural issues that needed

         6       to be fixed, but the body worked.  And the

         7       majority, the Democratic majority at the time

         8       kept its commitment to the Republican minority

         9       not to change those rules within that session.

        10                  SENATOR DUANE:    And through you,

        11       Madam President, if the Senator will continue

        12       to yield.

        13                  ACTING PRESIDENT YOUNG:    Senator,

        14       do you yield?

        15                  SENATOR SQUADRON:    I do.

        16                  ACTING PRESIDENT YOUNG:    Go

        17       ahead.

        18                  SENATOR DUANE:    Is it not your

        19       belief, which is actually factually correct,

        20       that there were numerous bills introduced by

        21       members of both sides of the aisle that passed

        22       with bipartisan support?

        23                  SENATOR SQUADRON:    Through you,

        24       Madam President, that did happen.

        25                  And in my understanding -- again, I



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         1       wasn't here, and I know that Senator Duane was

         2       here previously and experienced a time when it

         3       seemed that many fewer bills sponsored by

         4       members of both parties passed.  And during

         5       that time, Senator Duane also was fighting

         6       enormously hard for an open process, for an

         7       improved rules process.  And I know that

         8       Senator Duane and others commented to me how

         9       different it seems -- by the way, Senator

        10       Duane and members on the other side of the

        11       aisle -- how different it was after those

        12       rules were passed.

        13                  SENATOR DUANE:    And through

        14       you --

        15                  ACTING PRESIDENT YOUNG:    Thank

        16       you, Senator.

        17                  Senator Duane, do you ask Senator

        18       Squadron to continue to yield?

        19                  SENATOR DUANE:    You're getting

        20       ahead of me.  But you did anticipate, yes,

        21       Madam President, through you if the Senator

        22       would --

        23                  ACTING PRESIDENT YOUNG:    It's

        24       always good to be on your toes, Senator.

        25                  Senator Squadron, do you yield?



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         1                  SENATOR SQUADRON:    I will, yes.

         2                  ACTING PRESIDENT YOUNG:    Thank

         3       you.

         4                  SENATOR DUANE:    And was it your

         5       intention and, to the extent possible, your

         6       actions to continue to work with the other

         7       side of the aisle on furthering what good

         8       government groups and so many of us would call

         9       more rules reform in our body?

        10                  ACTING PRESIDENT YOUNG:    Senator

        11       Squadron.

        12                  SENATOR SQUADRON:    Through you,

        13       Madam President, absolutely.

        14                  SENATOR DUANE:    And, Madam

        15       President, if the Senator would continue to

        16       yield.

        17                  ACTING PRESIDENT YOUNG:    Do you

        18       yield?

        19                  SENATOR SQUADRON:    I do.

        20                  SENATOR DUANE:    And without --

        21       with yielding that we wouldn't be going back

        22       to the hideous days of the invention of the

        23       onerous canvass of agreement which the

        24       then-majority had us operate under, is it your

        25       belief, Senator, that the rules that are being



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         1       presented not by us but, sadly, by the other

         2       side of the aisle are a regression of the

         3       reforms that we had been able to enact this

         4       body thus far?

         5                  ACTING PRESIDENT YOUNG:    Senator

         6       Squadron.

         7                  SENATOR SQUADRON:    Through you,

         8       Madam President, I think that Senator Duane

         9       articulates it very, very well.

        10                  The Senate rules before us now,

        11       unlike both sets of rules that were passed

        12       over the last two years under the Democratic

        13       majority, goes back in terms of reform and

        14       goes back in terms of clarity of the sort that

        15       would prevent the kind of stalemate that we

        16       had because of the provision that makes it

        17       very unclear how is it, in the event of a tie,

        18       that we would move forward by choosing that

        19       all-important title in this house of Temporary

        20       President and Majority Leader.

        21                  SENATOR DUANE:    And through you,

        22       Madam President, if the Senator would continue

        23       to yield.

        24                  ACTING PRESIDENT YOUNG:    Senator

        25       Squadron.



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         1                  SENATOR SQUADRON:    Yes, thank

         2       you, Madam President.

         3                  ACTING PRESIDENT YOUNG:    Go

         4       ahead, Senator.

         5                  SENATOR DUANE:    Is it true that

         6       the way the Senate had operated and in fact

         7       the way it continued to operate last year

         8       actually would make a coup like the one

         9       precipitated by Senators Monserrate and Espada

        10       when they joined the then-Republican minority,

        11       is it not true that that continued to be

        12       possible?

        13                  ACTING PRESIDENT YOUNG:    Senator

        14       Squadron.

        15                  SENATOR SQUADRON:    Through you,

        16       Madam President, there were a couple of

        17       reasons it wasn't.  One was -- a couple of

        18       reasons that the sort of coup that Senators

        19       Espada and Monserrate began and that led to

        20       the 31-day stalemate wouldn't happen.  One of

        21       those was that we had a Lieutenant Governor in

        22       place who was there to fulfill his

        23       constitutional duty of providing a casting

        24       vote whenever there was a procedural deadlock.

        25                  But also, secondarily, a process of



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         1       rules that had been developed together in a

         2       bipartisan way, which those rules we were

         3       operating under from July of 2009 through

         4       December of 2010 are much less likely to

         5       create that kind of deadlock -- that kind of

         6       all-out power struggle that too often we see

         7       in Albany where substance, even perception

         8       fall by the wayside because power becomes

         9       all-important -- because both sides had

        10       participated at the table in developing those

        11       rules and had agreed to operate under them for

        12       a certain period of time.

        13                  SENATOR DUANE:    And through you,

        14       Madam President, if the Senator would continue

        15       to yield.

        16                  ACTING PRESIDENT YOUNG:    Thank

        17       you, Senator Duane.

        18                  Senator Squadron, do you continue

        19       to yield?

        20                  SENATOR SQUADRON:    Yes, thank

        21       you.

        22                  ACTING PRESIDENT YOUNG:    Go

        23       ahead, Senator Duane.

        24                  SENATOR DUANE:    Is it correct to

        25       say that at the time of the -- that traumatic



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         1       time when Senators Espada and Monserrate

         2       joined the then-Republican minority, that the

         3       then-Republican minority voted to elevate

         4       Senator Espada to the position of temporary

         5       president, which was in effect the acting

         6       lieutenant governor?

         7                  ACTING PRESIDENT YOUNG:    Senator

         8       Squadron.

         9                  SENATOR SQUADRON:    Through you,

        10       Madam President, that did happen.  I believe

        11       that 30 members of the then-Republican

        12       minority, with Senators Espada and Monserrate,

        13       intended to vote in that way.

        14                  ACTING PRESIDENT YOUNG:    Thank

        15       you, Senator.

        16                  SENATOR DUANE:    And finally --

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       Duane, are you asking Senator Squadron to

        19       yield?

        20                  SENATOR DUANE:    Yes, I am, Madam

        21       President.

        22                  ACTING PRESIDENT YOUNG:    Very

        23       good.

        24                  SENATOR DUANE:    You say it so

        25       much more succinctly than I do.



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         1                  ACTING PRESIDENT YOUNG:    Thank

         2       you.  Would you like to yield, Senator?

         3                  SENATOR SQUADRON:    Yes, thank

         4       you.

         5                  ACTING PRESIDENT YOUNG:    Go

         6       ahead, please.

         7                  SENATOR DUANE:    I'm not sure more

         8       correctly, but more succinctly.

         9                  ACTING PRESIDENT YOUNG:    Thank

        10       you.

        11                  SENATOR DUANE:    So I just want to

        12       ask one final time, is it your belief that it

        13       would be best for us to move forward with

        14       rules that are agreed upon by both sides of

        15       the aisle so that they would be less likely to

        16       be undone is a better route to follow?  And is

        17       it also your belief that what we're trying to

        18       avoid by putting forward our rules reform now

        19       is to deter the regression that would occur if

        20       the rules put forward by the other side of the

        21       aisle were to be approved today?

        22                  SENATOR SQUADRON:    Through you,

        23       Madam President, I think that Senator Duane

        24       makes a very, very important point.  And that

        25       is that when you look at all of the different



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         1       sorts of dysfunction that this house has been

         2       accused of, that certainly during that 31-day

         3       stalemate I think we all were chagrined by,

         4       the idea that it was impossible or very, very

         5       difficult for the two sides of the aisle to

         6       work together collaboratively was one of the

         7       big challenges.  And working together on rules

         8       has all the benefits that I talked about in my

         9       opening statement on these rules.

        10                  But the point Senator Duane is

        11       making is such an important one, which is the

        12       process of generating the rules and doing that

        13       in a bipartisan way, doing that in a way that

        14       way that puts our ability to work together

        15       because we all represent New Yorkers ahead of

        16       the sort of old-style partisan bickering is in

        17       and of itself an important reform for this

        18       house and I think is an important reason to

        19       vote for this resolution and was, in fact --

        20       and I thank you for articulating it much more

        21       clearly than I was able to -- one of the

        22       important reasons that this resolution I'm

        23       putting forward today doesn't take everything

        24       I would necessarily want to do, everything

        25       that was in Senator Krueger's resolution, but



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         1       actually builds on ideas, builds on rules

         2       reforms that were generated on the other side

         3       of the aisle.

         4                  This is not about ramming something

         5       down the other side of the aisle or having a

         6       conversation here and asking the other side to

         7       vote on something they can't vote on, it's

         8       about working together on something that both

         9       sides of the aisle have previously endorsed

        10       and that in fact was generated by the other

        11       side.

        12                  And accepting that process in and

        13       of itself, as Senator Duane said, will change

        14       the tone of this debate.

        15                  ACTING PRESIDENT YOUNG:    Thank

        16       you, Senator Squadron.

        17                  Senator Kruger.

        18                  SENATOR CARL KRUGER:    Yes, Madam

        19       President -- I apologize.

        20                  ACTING PRESIDENT YOUNG:    The

        21       question is on Senator Squadron's amendment to

        22       the resolution.  All those in favor signify by

        23       saying aye.

        24                  (Response of "Aye.")

        25                  ACTING PRESIDENT YOUNG:    All



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         1       those opposed signify by saying no.

         2                  (Response of "No.")

         3                  ACTING PRESIDENT YOUNG:    The

         4       amendment is defeated.

         5                  Senator Breslin.

         6                  SENATOR BRESLIN:    Madam

         7       President, I believe there is another

         8       amendment at the desk.  I ask that the reading

         9       be waived and that Senator Serrano be allowed

        10       to speak on the amendment.

        11                  ACTING PRESIDENT YOUNG:    The

        12       reading is waived, and Senator Serrano can be

        13       heard on the amendment.

        14                  SENATOR SERRANO:    Thank you,

        15       Madam President.

        16                  This amendment will call for an

        17       equal allocation for each member in this

        18       house -- allocations for staff so that we will

        19       be able to have adequate staff in our offices

        20       both here and in our districts, equal

        21       allocation for newsletters and other printed

        22       materials, postage, and travel, with

        23       exceptions for Senators in leadership

        24       positions as well as serving as chairs or

        25       ranking committees.



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         1                  Now, we all know why this is

         2       important.  I think all of us can agree in a

         3       very bipartisan fashion why this is of

         4       enormous importance.  And very similar to the

         5       Congressional model, which I think says

         6       regardless of the party that's in power,

         7       individual members will be able to represent

         8       their constituents in a way that's meaningful.

         9                  Over the years I've had the good

        10       fortune of working with many Senators on both

        11       sides of the aisle on issues such as this,

        12       issues of reform.  I want to thank Senator

        13       Bonacic.  We've worked together on a number of

        14       these issues on the Temporary Committee on

        15       Rules Reform as well as, most recently, on

        16       creating a C-SPAN type channel for the state

        17       to cover our legislative proceedings.

        18                  These are really good issues, and I

        19       want to thank my colleagues for all that

        20       they've done to make this a reality and to

        21       make our house run better.

        22                  So again, this is not a partisan

        23       discussion, in my mind.  This is not something

        24       that is Democrat or Republican.  This is

        25       something I believe that will make this entire



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         1       house better, that will make our constituents

         2       that much more informed of the issues that we

         3       care about and the issues that we're working

         4       on, and I think will also help to alleviate a

         5       lot of the crisis of confidence that we see

         6       amongst our constituents throughout the state.

         7                  Another component of this

         8       amendment, I should add, is that it will add a

         9       mandatory secondary reference to the Codes

        10       Committee that will ensure that if a bill,

        11       some sort of legislation has any criminal

        12       component to it or criminality component to

        13       it, that the bill will get referred to the

        14       Codes Committee so that there can be proper

        15       deliberation amongst those experts on that

        16       issue, on the penalty portion of that bill.

        17                  So again, my appeal is to members

        18       of both sides of the aisle to consider this as

        19       a way to make our rules better.  There's been

        20       a lot of progress over the years, but again,

        21       it hasn't gone far enough.  I'll be the first

        22       to admit that.  And I think that this could

        23       help us continue to move the ball down the

        24       field.  So I hope that all of my colleagues

        25       join me in supporting this amendment.



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         1                  Thank you.

         2                  ACTING PRESIDENT YOUNG:    Thank

         3       you, Senator Serrano.

         4                  The question is on the amendment to

         5       the resolution by Senator Serrano.

         6                  Senator Breslin, why do you rise?

         7                  SENATOR BRESLIN:    Yes, Madam

         8       President.  I would request a show of hands on

         9       the amendment, please.

        10                  ACTING PRESIDENT YOUNG:    Senator

        11       Breslin's request is that the members who

        12       support this do so by a show of hands.

        13                  So the question is on Senator

        14       Serrano's amendment to the resolution.  All

        15       those in favor signify by raising their hands.

        16                  (Members raised their hands.)

        17                  SENATOR DUANE:    Point of

        18       clarification, Madam President.

        19                  ACTING PRESIDENT YOUNG:    Go

        20       ahead, Senator Duane.

        21                  SENATOR DUANE:    Madam President,

        22       I just want to try to clarify.  Under what

        23       rules are we operating at this moment?

        24                  ACTING PRESIDENT YOUNG:    Senator,

        25       right now we're operating under the temporary



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         1       rules that were extended earlier this month.

         2                  SENATOR DUANE:    And through you,

         3       Madam President, just a further point of

         4       clarification.

         5                  Is it correct that we bipartisanly

         6       agreed that we would follow the old rules

         7       until midnight?  Is it tonight or tomorrow

         8       night?  I'm not -- I don't know.

         9                  ACTING PRESIDENT YOUNG:    Senator,

        10       I do believe that the rules expire on

        11       February 1st, so they would expire as of

        12       tomorrow.

        13                  SENATOR DUANE:    So tonight at

        14       midnight, there would have to be another

        15       extension beyond tonight at midnight to go

        16       forward, is that -- I ask it with no ulterior

        17       motives, just of clarification.

        18                  ACTING PRESIDENT YOUNG:    Right.

        19       If I could clarify on your behalf.

        20                  It's my understanding that once

        21       these rules pass today, they supersede any

        22       kind of rules that were in place until

        23       tomorrow.  So when we pass these rules, those

        24       would be the rules.

        25                  SENATOR DUANE:    You don't mean



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         1       these, Madam President.

         2                  ACTING PRESIDENT YOUNG:    No, but

         3       the ones that I believe we will be passing

         4       shortly, if we could get to those, will be the

         5       ones that will supersede the extension that we

         6       passed earlier this year.

         7                  SENATOR DUANE:    Thank you, Madam

         8       President, for your answers and your

         9       clairvoyance.

        10                  (Laughter.)

        11                  ACTING PRESIDENT YOUNG:    The

        12       Secretary will announce the results.

        13                  THE SECRETARY:    Ayes, 23.  Nays,

        14       39.

        15                  ACTING PRESIDENT YOUNG:    The

        16       amendment is defeated.

        17                  Senator Breslin.

        18                  SENATOR BRESLIN:    First, Madam

        19       President, could you announce the results in

        20       detail, if you would.

        21                  ACTING PRESIDENT YOUNG:    The

        22       Secretary will call the roll.

        23                  SENATOR LIBOUS:    Point of order.

        24                  ACTING PRESIDENT YOUNG:    Senator

        25       Libous.



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         1                  SENATOR LIBOUS:    Senator Breslin,

         2       I'm sorry, could you be clear in what you're

         3       asking for?

         4                  SENATOR BRESLIN:    I would like to

         5       know what Senators voted for it.

         6                  SENATOR LIBOUS:    What Senators

         7       voted for it?

         8                  SENATOR BRESLIN:    For it.  For

         9       the amendment.

        10                  ACTING PRESIDENT YOUNG:    Those

        11       recorded in the affirmative.

        12                  SENATOR LIBOUS:    Would you let

        13       Senator Breslin know who voted in the

        14       affirmative, please.

        15                  ACTING PRESIDENT YOUNG:    The

        16       Secretary will announce those results.

        17                  THE SECRETARY:    Those members

        18       recorded in the affirmative on Amendment

        19       Number 2 to Resolution 338 are Senators

        20       Addabbo, Avella, Breslin, Diaz, Dilan, Duane,

        21       Espaillat, Gianaris, Hassell-Thompson,

        22       Kennedy, L. Krueger, C. Kruger, Montgomery,

        23       Oppenheimer, Parker, Peralta, Perkins, Rivera,

        24       Sampson, Serrano, Squadron, Stavisky and

        25       Stewart-Cousins.



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         1                  ACTING PRESIDENT YOUNG:    Senator

         2       Breslin.

         3                  SENATOR BRESLIN:    Thank you,

         4       Madam President.

         5                  I believe there's a final amendment

         6       at the desk.  I ask that the reading of the

         7       amendment be waived and that Senator

         8       Stewart-Cousins be allowed to speak on the

         9       amendment.

        10                  ACTING PRESIDENT YOUNG:    Thank

        11       you, Senator Breslin.

        12                  The reading of the amendment is

        13       waived, and I'd like to recognize Senator

        14       Stewart-Cousins.

        15                  SENATOR STEWART-COUSINS:    Thank

        16       you, Madam President.

        17                  This third amendment speaks to I

        18       think all of our desire as rank-and-file

        19       members to be more effective for our

        20       constituents, to be able to bring forth the

        21       concerns that they have.  And also the second

        22       part of this amendment speaks to more

        23       transparency and more accountability.

        24                  And again, I know what this is what

        25       we've spent so many of the past few months



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         1       trying to do.  Clearly, the rules reform that

         2       Senator Squadron referred to and I was able to

         3       share in that rules reform committee with so

         4       many of my colleagues on this side of the

         5       aisle and across the aisle, in coming up with

         6       rules all of which would empower rank-and-file

         7       members and which would make things more

         8       transparent for the residents of New York.

         9                  That being said, this amendment

        10       will allow any member of a committee to call

        11       for a public hearing unless a majority of the

        12       committee members say they don't want it.

        13       This amendment would also require for the

        14       Senate stenographer to keep a transcript of

        15       the public hearings.  Thirdly, it requires

        16       that at least two members of the committee be

        17       present in order for the committee to take a

        18       testimony at a public hearing.  And it also

        19       requires prior notice of the public hearing to

        20       be formally filed with the Journal Clerk, LRS,

        21       and the Temporary President.  And such notice

        22       shall contain the subject matter, date and

        23       place of hearing.  That's the public hearing,

        24       the transparency part.

        25                  Also -- which I think is extremely



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         1       relevant, certainly, to some of the things

         2       that have been said over the past few

         3       months -- we talk about accountability.  And

         4       another part of this amendment would require

         5       for the Senate budget to be detailed and

         6       itemized for inclusion in the legislative and

         7       judiciary budget bill.

         8                  Also, it requires a detailed and

         9       itemized inclusion of member items.  And I

        10       know we're not really talking about member

        11       items.  But when and if they should happen

        12       again, certainly requiring a detailed and

        13       itemized inclusion of the member items in the

        14       state budget would be helpful.

        15                  And lastly, it requires detailed

        16       and simplified itemization of all

        17       appropriations and reappropriations in the

        18       revenue and the source of such funds.

        19                  Again, we've done a lot of good

        20       things after having done almost nothing in

        21       terms of rules reform.  And when we put our

        22       heads together, both sides of the aisle, we

        23       were able to progress and to make this a more

        24       inclusive, a more responsive, a more

        25       transparent body.  And again, this is why we



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         1       stand here saying don't go back.

         2                  And as my colleague Senator

         3       Squadron referenced the minority report and

         4       talked about the legislators who were part of

         5       that report, I can claim no pride of

         6       authorship for this particular amendment

         7       because this amendment -- prophetically, I

         8       imagine, because it was January 12th of

         9       2009 -- was put forth by Senator Flanagan.

        10       And it was important at that time and

        11       continues to be important as we move forward

        12       for a more transparent body, a more

        13       accountable body, and certainly a body that

        14       includes our constituency as we do the

        15       business of New York.

        16                  So of course I would urge my

        17       colleagues on both sides of the aisle, again,

        18       to adopt this amendment and let's continue our

        19       progress.

        20                  ACTING PRESIDENT YOUNG:    Thank

        21       you, Senator Stewart-Cousins.

        22                  Senator Carl Kruger would like to

        23       speak on the amendment to the resolution.

        24                  SENATOR CARL KRUGER:    No, Madam

        25       President, I will speak on the actual



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         1       resolution.

         2                  ACTING PRESIDENT YOUNG:    Thank

         3       you, Senator.

         4                  Senator Bonacic.

         5                  SENATOR BONACIC:    I'd like to

         6       speak on the original resolution, please.

         7                  ACTING PRESIDENT YOUNG:    Okay,

         8       thank you.

         9                  Any other member wishing to be

        10       heard?

        11                  Senator Breslin.

        12                  SENATOR BRESLIN:    No, just again,

        13       Madam President, I would request a show of

        14       hands on the amendment.

        15                  ACTING PRESIDENT YOUNG:    Thank

        16       you.

        17                  The question is on Senator

        18       Stewart-Cousins' amendment to the resolution.

        19       All those in favor signify by raising your

        20       hands.

        21                  (Members raised hands.)

        22                  ACTING PRESIDENT YOUNG:    The

        23       Secretary will announce the results.

        24                  THE SECRETARY:    Ayes, 23.  Nays,

        25       39.



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         1                  ACTING PRESIDENT YOUNG:    The

         2       amendment is defeated.

         3                  Senator Breslin.

         4                  SENATOR BRESLIN:    Yes, thank you,

         5       Madam President.  Would you also read the

         6       names of the people voting in the affirmative

         7       for us, please.

         8                  ACTING PRESIDENT YOUNG:    The

         9       Secretary will read.

        10                  THE SECRETARY:    Those Senators

        11       recorded in the affirmative on Amendment 3 to

        12       Resolution Number 338 are Senators Addabbo,

        13       Avella, Breslin, Diaz, Dilan, Duane,

        14       Espaillat, Gianaris, Hassell-Thompson,

        15       Kennedy, L. Krueger, C. Kruger, Montgomery,

        16       Oppenheimer, Parker, Peralta, Perkins, Rivera,

        17       Sampson, Serrano, Squadron, Stavisky and

        18       Stewart-Cousins.

        19                  ACTING PRESIDENT YOUNG:    The

        20       amendment is defeated.

        21                  The resolution is before the house.

        22       All those in favor signify by saying aye.

        23                  (Response of "Aye.")

        24                  ACTING PRESIDENT YOUNG:    Opposed,

        25       nay.



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         1                  (Response of "Nay.")

         2                  SENATOR SQUADRON:    Excuse me,

         3       Madam President.  I believe Senator Kruger was

         4       wanting to speak on the resolution before the

         5       vote was called.

         6                  ACTING PRESIDENT YOUNG:    Oh,

         7       that's right.

         8                  Excuse me, Senator Kruger.  Go

         9       ahead.

        10                  SENATOR CARL KRUGER:    Thank you

        11       very much, Madam President.

        12                  I see that Senator Skelos is not in

        13       the chamber.  Who would I address my question

        14       to?

        15                  SENATOR LIBOUS:    Senator Kruger,

        16       it would be indeed an honor for me --

        17                  SENATOR CARL KRUGER:    I'm sure it

        18       would.  I'm sure it would.

        19                  SENATOR LIBOUS:    -- to try, and

        20       only try, to address your questions.

        21                  SENATOR CARL KRUGER:    And I'll

        22       try to keep mine as simple as I can put

        23       through my old head.

        24                  When we're talking about rules

        25       changes in this resolution, what to me seems a



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         1       glaring deviation is the question of the

         2       powers of the Lieutenant Governor in this

         3       chamber, and as the Lieutenant Governor -- of

         4       western New York, a Democrat -- would be sort

         5       of stripped of his right to cast a deciding

         6       vote.  How come?

         7                  SENATOR LIBOUS:    Madam President,

         8       through you.

         9                  ACTING PRESIDENT YOUNG:    Yes,

        10       Senator.

        11                  SENATOR LIBOUS:    First of all,

        12       Senator Kruger, as I answer your question I

        13       would prefer not to talk about the personality

        14       but talk about the position.  I think it's not

        15       fair to talk about any individual man or woman

        16       who may or may not be Lieutenant Governor.

        17                  Let's talk about the position.  Our

        18       position is pretty clear that we believe there

        19       are 62 elected Senators in this chamber and

        20       that in order to pick a Majority Leader and

        21       Temporary President, that the 62 elected

        22       Senators should have a right to do that.  And

        23       that the Lieutenant Governor, who runs with a

        24       Governor or whomever is elected Governor, is

        25       not an elected Senator.  Therefore, we don't



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         1       believe -- and we believe the Constitution

         2       backs us up -- that that position has a vote

         3       to elect a leader.

         4                  ACTING PRESIDENT YOUNG:    Thank

         5       you, Senator Libous.

         6                  SENATOR CARL KRUGER:    Again,

         7       through you, Madam President, if the Senator

         8       would continue to yield.

         9                  ACTING PRESIDENT YOUNG:    Senator

        10       Libous?

        11                  SENATOR LIBOUS:    I'd be happy to.

        12                  ACTING PRESIDENT YOUNG:    Thank

        13       you.

        14                  SENATOR CARL KRUGER:    If we want

        15       to extend that logic a little further down the

        16       road, so now we're in a position where we have

        17       31-31 as a tie vote.  What's the process?

        18                  SENATOR LIBOUS:    Madam President,

        19       through you, I think the process is pretty

        20       simple, is that this body would have to

        21       collectively get together and function.

        22                  ACTING PRESIDENT YOUNG:    Senator

        23       Kruger.

        24                  SENATOR CARL KRUGER:    Again

        25       through you, Madam President, if the Senator



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         1       would continue to yield.

         2                  ACTING PRESIDENT YOUNG:    Senator

         3       Libous, do you yield?

         4                  SENATOR LIBOUS:    I will continue

         5       to yield, yes.

         6                  ACTING PRESIDENT YOUNG:    Thank

         7       you, Senator.

         8                  SENATOR CARL KRUGER:    Senator,

         9       how would we elect the leadership of the

        10       house?

        11                  SENATOR LIBOUS:    Well, I think,

        12       Madam President --

        13                  ACTING PRESIDENT YOUNG:    Yes,

        14       Senator.

        15                  SENATOR LIBOUS:    -- I think that

        16       would depend on the situation.  Obviously if

        17       we had elected a leader, and if some for some

        18       reason we went to 31-31, the person that we

        19       had elected would still be the leader, because

        20       to elect a new leader you would need 32 votes.

        21       I think that's pretty simple.

        22                  SENATOR CARL KRUGER:    Again

        23       through you, Madam President.

        24                  ACTING PRESIDENT YOUNG:    Yes,

        25       Senator Kruger.



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         1                  Senator Libous, do you yield?

         2                  SENATOR LIBOUS:    Yes, Madam

         3       President, I do.

         4                  ACTING PRESIDENT YOUNG:    Thank

         5       you, Senator Libous.

         6                  SENATOR CARL KRUGER:    Rather than

         7       talking about, Senator, the hypothetical

         8       situation of an interim election, let's talk

         9       about the absolute, the reorganization or the

        10       organization of the chamber in a 31-31

        11       environment.  How do we elect the leadership?

        12                  ACTING PRESIDENT YOUNG:    Senator

        13       Kruger, excuse me.  The stenographer cannot

        14       hear what you're saying.

        15                  SENATOR CARL KRUGER:    Oh, I'm

        16       sorry.

        17                  ACTING PRESIDENT YOUNG:    So we

        18       would ask that you direct your comments to the

        19       chair, and that way your microphone will pick

        20       those up.  It's very important that we hear

        21       you.

        22                  SENATOR CARL KRUGER:    I

        23       apologize.  I apologize.  Okay.

        24                  SENATOR LIBOUS:    Possibly, Madam

        25       President, you could do it with 31 Republicans



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         1       and some independent legislators who might

         2       want to join you.  Or 31 Democrats and some

         3       independent legislators who would want to join

         4       you.

         5                  I mean, I think -- Madam President,

         6       through you, I think there seems to be this

         7       speculation that the body cannot function at

         8       31-31.  And I think we disagree with that.

         9       Obviously, if you elect a leader with 32

        10       votes, that person will remain as leader until

        11       there's another vote where 32 individuals that

        12       make up this chamber -- and I'm talking about

        13       elected Senators -- would vote again.  And it

        14       seems pretty simple and matter of fact.

        15                  ACTING PRESIDENT YOUNG:    Thank

        16       you, Senator Libous.

        17                  SENATOR CARL KRUGER:    Thank you,

        18       Senator.

        19                  Again through you, Madam President,

        20       if the Senator would continue to yield.

        21                  ACTING PRESIDENT YOUNG:    Yes,

        22       Senator Kruger.

        23                  Do you yield, Senator Libous?

        24                  SENATOR LIBOUS:    I would be happy

        25       to continue to yield.



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         1                  ACTING PRESIDENT YOUNG:    Go

         2       ahead, Senator Kruger.

         3                  SENATOR CARL KRUGER:    For a

         4       moment, let's not talk about the hypothetical,

         5       let's talk about -- let's go to past history

         6       and talk about the realities.

         7                  There came a moment in time when

         8       this chamber was 31-31, last June.  How come

         9       we couldn't function then?

        10                  SENATOR LIBOUS:    Madam President,

        11       I think I can answer that question.

        12                  Actually, Senator Kruger, there

        13       were 30 Republicans and 32 Democrats at that

        14       time.  And for a brief moment, two of the

        15       Democrats decided that they wanted to become

        16       Republicans.  But that was only for a brief

        17       moment.  So there were still 32 Democrats in

        18       power that were controlling the chamber at

        19       that time.

        20                  ACTING PRESIDENT YOUNG:    Thank

        21       you, Senator.

        22                  Senator Kruger.

        23                  SENATOR CARL KRUGER:    Again

        24       through you, Madam President, if the Senator

        25       would continue to yield.



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         1                  ACTING PRESIDENT YOUNG:    Will you

         2       yield, Senator?

         3                  SENATOR LIBOUS:    I'd be happy to.

         4                  ACTING PRESIDENT YOUNG:    Go

         5       ahead, please.

         6                  SENATOR CARL KRUGER:    Just for

         7       historical purposes, there was a time,

         8       Senator, where then-Senator Monserrate

         9       rejoined the Democratic conference, which

        10       created 31-31.  And we -- and this body did

        11       not function, by your definition.  How come?

        12                  SENATOR LIBOUS:    Well, Madam

        13       President, I mean I don't want to -- I'm not a

        14       historian.  And I don't want to go back in

        15       history, but I will try to do so to answer

        16       Senator Kruger's question.

        17                  I believe, when it was 31-31, it

        18       was the controlling party, the Democratic

        19       Party, that locked the doors of the chamber

        20       and would not let this body function.  Now,

        21       having said that, I don't want to repeat

        22       history here.  Senator Kruger, what finally

        23       happened, obviously, is that 32 members got

        24       together and this Senate began to function.

        25                  Again, I would state as I said



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         1       earlier, very simply, that the Lieutenant

         2       Governor is not an elected Senator.  The

         3       position of Lieutenant Governor should not

         4       have a vote in electing a leader to the

         5       Senate.  It is incumbent upon the 62 members

         6       of this house to get along and figure it out,

         7       if indeed there ever was a tie.

         8                  ACTING PRESIDENT YOUNG:    Senator

         9       Kruger.

        10                  SENATOR CARL KRUGER:    Yes, Madam

        11       President.  If the Senator would continue to

        12       yield.

        13                  ACTING PRESIDENT YOUNG:    Senator

        14       Libous, do you yield?

        15                  SENATOR LIBOUS:    Sure.

        16                  ACTING PRESIDENT YOUNG:    Thank

        17       you very much.

        18                  SENATOR CARL KRUGER:    Senator

        19       Libous, how do you feel or think or propose

        20       the constitutional issue on the role of the

        21       Lieutenant Governor in casting a tie vote in

        22       this chamber relates to the resolution as

        23       proposed?

        24                  SENATOR LIBOUS:    Well, Madam

        25       President, I have my own opinion on that, and



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         1       I think I've given it several times.  But I am

         2       going to ask at this point, because I think

         3       when you get into the constitutional issue

         4       itself -- I believe the answer that I gave is

         5       a sound one.

         6                  And like what always happens in

         7       government, if you pass legislation and

         8       someone deems that it's unconstitutional, you

         9       take it to the court system.  Just as when the

        10       Democrats in this body were not happy with the

        11       fact that Richard Ravitz was going to get

        12       appointed, there was a lot of maneuvering

        13       around who they decided who the president and

        14       the temporary president and the conference

        15       leader was going to be.

        16                  Having said that --

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       Saland, why do you rise?

        19                  SENATOR SALAND:    I'm wondering if

        20       Senator Libous might yield some time to me and

        21       perhaps I might be able to respond, in part,

        22       to Senator Kruger.

        23                  SENATOR LIBOUS:    Madam President,

        24       I would be honored to defer to Senator Saland,

        25       who might be able to go further than I have on



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         1       the constitutional issue.

         2                  Thank you, Senator.

         3                  SENATOR CARL KRUGER:    Like

         4       championship tag-team wrestling.

         5                  ACTING PRESIDENT YOUNG:    Senator

         6       Kruger was asking a question of Senator

         7       Libous.  Senator Saland, you're going to

         8       answer that question?

         9                  SENATOR SALAND:    I will, with

        10       your permission, Madam President.

        11                  ACTING PRESIDENT YOUNG:    Thank

        12       you very much.

        13                  SENATOR SALAND:    If I may, before

        14       I get to the Constitution and the

        15       constitutional issues, let me say that a

        16       deadlocked house, were this house deadlocked,

        17       would not be a case of first instance.  It has

        18       occurred in numerous legislative chambers

        19       throughout this country at varying and

        20       different times.

        21                  And it's been resolved in varying

        22       and different ways.  More often than not, by

        23       interaction between the legislators, either a

        24       division of responsibility of power -- by

        25       year, perhaps.  Sometimes coalitions are



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         1       formed, where people from one side of the

         2       aisle join people from the other side of the

         3       aisle in forging a majority.  So this is not

         4       the first time something like that would be

         5       capable of happening.

         6                  There were a couple of things that

         7       were mentioned, one earlier by Senator

         8       Squadron and one by you, Senator Kruger.  I

         9       think Senator Squadron said something to the

        10       effect of "I think the Lieutenant Governor

        11       clause is unconstitutional and

        12       unconscionable."

        13                  I would beg to differ.  I would say

        14       that it's both constitutional and the only

        15       thing that would be unconscionable would be to

        16       permit somebody who is a member of, in effect,

        17       the executive branch to have the authority to

        18       pick a leader in this house.  And it would be

        19       even more unconscionable now that the Court of

        20       Appeals has ruled that you can have a

        21       Lieutenant Governor who's not even elected but

        22       appointed and has never been through a

        23       confirmation process.

        24                  And it is not, as you described,

        25       stripping his right to cast a deciding vote.



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         1       He doesn't have a right to cast a deciding

         2       vote.  The Constitution uses a particular

         3       word.  It's a casting vote.  And there is no

         4       dispute whatsoever anywhere, by any authority

         5       anyplace to be found in this state, currently

         6       or previously, that says he has a right to

         7       cast a vote in anything legislative.

         8                  And if you disagree with that,

         9       please tell me that you do and we'll engage on

        10       that, with the permission of the President,

        11       and then I'll continue my remarks with regard

        12       to what the two relevant provisions of the

        13       Constitution say.

        14                  ACTING PRESIDENT YOUNG:    Thank

        15       you, Senator Saland.

        16                  SENATOR CARL KRUGER:    Through

        17       you, Madam President.

        18                  ACTING PRESIDENT YOUNG:    Senator

        19       Kruger, are you asking Senator Saland to

        20       yield?

        21                  SENATOR CARL KRUGER:    I'm

        22       responding to Senator Saland, through you.

        23                  ACTING PRESIDENT YOUNG:    Okay.

        24       Very good, Senator.

        25                  SENATOR CARL KRUGER:    No, I was



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         1       not raising the issue of a casting vote, I was

         2       talking about a tie vote.  And to clarify that

         3       even further, not on legislation but rather on

         4       organization.

         5                  SENATOR SALAND:    So we agree that

         6       the Lieutenant Governor, whomever he or she

         7       may be, doesn't have the authority to cast a

         8       vote in the event of a tie on legislation.

         9                  SENATOR CARL KRUGER:    That's

        10       without question.

        11                  SENATOR SALAND:    Let me, if I

        12       may, go through the two relevant sections.

        13       Madam President, if I may, the two relevant

        14       sections are Article 3, Section 9 and Article

        15       4, Section 6.

        16                  And Article 3, Section 9 basically

        17       says that each house shall determine the rules

        18       of its own proceedings, the qualifications of

        19       its members, and shall choose its own officers

        20       and the Senate shall choose a Temporary

        21       President.

        22                  Now, I don't think that can be

        23       disputed that we have the ability to do that.

        24       That certainly was ruled on most recently in

        25       the Monserrate case by the federal court.  It



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         1       in effect has been enshrined in New York law

         2       for over 130 years.

         3                  There was a Court of Appeals case,

         4       I think it was People v. Hall back in 1880,

         5       which basically cited the very language that

         6       we have now and went on to say that this was

         7       well within the realm of the Legislature to

         8       determine the qualifications of its members.

         9       And interestingly enough, it caused enough

        10       controversy that in 1892 there was a

        11       constitutional amendment that went to the

        12       people proposing to do away with that section,

        13       and it was defeated by the people.

        14                  So would we agree -- through you,

        15       Madam President, would we agree that there's

        16       no dispute as to the right of this house to

        17       select the qualifications of its own members,

        18       that nobody is being disenfranchised by giving

        19       this house the right that has been recognized

        20       for minimally 130-plus years?

        21                  SENATOR CARL KRUGER:    Through

        22       you, Madam President.

        23                  ACTING PRESIDENT YOUNG:    Senator

        24       Kruger.

        25                  SENATOR CARL KRUGER:    In my mind,



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         1       that's when they're elected and they're

         2       seated, as opposed to what we're talking

         3       about.

         4                  SENATOR SALAND:    Please -- if

         5       he'll continue to yield.

         6                  ACTING PRESIDENT YOUNG:    Yes,

         7       Senator Saland.  Go ahead.

         8                  SENATOR SALAND:    Would you please

         9       share with me your distinction?

        10                  SENATOR CARL KRUGER:    Through

        11       you, Madam President.  I guess, Senator, when

        12       I started this dialogue it was my intention to

        13       raise issue with the election of leadership

        14       for the chamber, rather than talking about the

        15       qualification of seating of elected members.

        16                  SENATOR SALAND:    If Senator

        17       Kruger will yield.

        18                  ACTING PRESIDENT YOUNG:    Senator

        19       Kruger, will you yield?

        20                  SENATOR CARL KRUGER:    Yes, Madam

        21       President.

        22                  SENATOR SALAND:    Is the

        23       Lieutenant Governor a member of the Senate?

        24                  SENATOR CARL KRUGER:    Through

        25       you, Madam President, it's my understanding --



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         1       and the Lieutenant Governor is obviously not

         2       an elected member of the Senate.  However, he

         3       serves as the President.

         4                  SENATOR SALAND:    So when this

         5       section -- and I'll get to Article 4, Section

         6       6 momentarily.  When this section says each

         7       house shall determine the rules of its own

         8       proceedings, shall choose its own officers,

         9       and the Senate, the Senate, shall choose a

        10       Temporary President -- the Senate -- is the

        11       Lieutenant Governor a member of the Senate or

        12       is he a Senator?

        13                  SENATOR CARL KRUGER:    Through

        14       you, Madam President, we go back to the theory

        15       of the 31-31 rationale.  In that environment,

        16       if we are to function, then the use of the

        17       President of the Senate -- the Lieutenant

        18       Governor -- to break that tie would be, in my

        19       mind, and I believe in the shared belief of my

        20       colleagues on this side of the aisle at least,

        21       that that would be the appropriate mechanism.

        22                  SENATOR SALAND:    If you'll

        23       continue to yield, Senator Kruger, let me go

        24       to Article 4, Section 6, and then perhaps

        25       we'll revisit Article 3, Section 9.



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         1                  Article 4, Section 6 takes great

         2       pains to include two terms or words that limit

         3       or minimize the role of Lieutenant Governor.

         4       After it talks about the Lieutenant Governor

         5       possessing the qualifications and eligibility

         6       for offices of the Governor, it says he shall

         7       be the president of the Senate but shall have

         8       only -- and I emphasize the word "only" -- a

         9       casting vote therein.  And I emphasize the

        10       word "therein."

        11                  So these would appear to be words

        12       of limitation or minimization, clearly making

        13       it a very limited role for the Lieutenant

        14       Governor.

        15                  SENATOR CARL KRUGER:    Through

        16       you, Madam President.

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       Kruger.

        19                  SENATOR CARL KRUGER:    During that

        20       period in time when --

        21                  ACTING PRESIDENT YOUNG:    Senator

        22       Kruger --

        23                  SENATOR CARL KRUGER:    Through

        24       you, Madam President.

        25                  ACTING PRESIDENT YOUNG:    Again, I



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         1       know it's difficult, but we just --

         2                  SENATOR CARL KRUGER:    I

         3       understand.

         4                  ACTING PRESIDENT YOUNG:    What you

         5       have to say is very important, and we want to

         6       make sure that everyone can hear it.

         7                  SENATOR CARL KRUGER:    It may be

         8       important to you; I don't know if it's

         9       important to everybody.

        10                  But in any event, if the Senator

        11       would continue to yield.

        12                  SENATOR SALAND:    I'll be more

        13       than happy to yield after you respond to me.

        14                  SENATOR CARL KRUGER:    Okay.  In

        15       each instance that we're talking about, this

        16       body, when we have issues of procedure, we go

        17       to the books, as you're doing right now.  One

        18       of those books that we go to is Mason's.  And

        19       in that litany, it clearly defines the vote of

        20       the President in terms of breaking a tie.

        21                  If I can just clarify additionally,

        22       as counsel points out to me, that the

        23       definition of a casting vote is the vote that

        24       breaks the tie.

        25                  SENATOR SALAND:    If Senator



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         1       Kruger would continue to yield.

         2                  ACTING PRESIDENT YOUNG:    Do you

         3       yield, Senator?

         4                  SENATOR CARL KRUGER:    Yes, Madam

         5       President.

         6                  ACTING PRESIDENT YOUNG:    Go

         7       ahead, Senator Saland.

         8                  SENATOR SALAND:    Senator Kruger,

         9       is it not in fact the rules of this house that

        10       you never reach Mason's unless, in fact,

        11       there's nothing -- the only time you reach

        12       Mason's is if there's nothing that governs in

        13       the existing law or the existing practice?

        14                  SENATOR CARL KRUGER:    Through

        15       you, Madam President.

        16                  ACTING PRESIDENT YOUNG:    Yes,

        17       Senator.

        18                  SENATOR CARL KRUGER:    It's my

        19       understanding that the Constitution does not

        20       define a casting vote.  So consequently, we

        21       would have to go to Mason's.  After the rules,

        22       after we kick the can down the road, we wind

        23       up at Mason's.

        24                  SENATOR SALAND:    I would

        25       respectfully beg to differ with you.  Let me



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         1       share with you historically what has occurred

         2       where controversy has existed with regard to

         3       the ability of a Lieutenant Governor to

         4       exercise a casting vote.

         5                  The New York Times, in its

         6       January 1, 1892 issue, reported on a similar

         7       controversy.  And there was a dispute about

         8       organizing the Senate -- it was an election

         9       dispute -- and the Democrats at that point

        10       alleged that the Lieutenant Governor could

        11       break a tie.

        12                  And the Republican position was

        13       that the Constitution, the relevant section --

        14       which is the one that we're talking about now,

        15       which was numbered differently at that time --

        16       stating that the Lieutenant Governor had only

        17       a casting vote therein, meant that the vote on

        18       the eligibility of a Senator or any other

        19       question other than of a parliamentary nature,

        20       as one which involved the advancement of

        21       business, was held beyond the powers of the

        22       Lieutenant Governor.  The Lieutenant Governor

        23       had no authority whatsoever to cast such a

        24       vote.

        25                  ACTING PRESIDENT YOUNG:    Senator



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         1       Kruger.

         2                  SENATOR CARL KRUGER:    Once again,

         3       Madam President, through you, in responding,

         4       are we now using the New York Times of 1892 as

         5       the basis for today's dialogue?

         6                  SENATOR SALAND:    I'm merely

         7       telling you, based on prior experience, prior

         8       actions in this house as reported by the

         9       New York Times.

        10                  SENATOR CARL KRUGER:    So now if

        11       we can refer to the New York Times of 1892,

        12       through you, Madam President, I suspect that

        13       that was the Republican position as it was

        14       articulated in that article.  That was a

        15       little bit before I was born, that edition of

        16       the paper, so I wasn't up to snuff at that

        17       moment.

        18                  SENATOR SALAND:    Well, again,

        19       there was a similar issue that occurred in

        20       1878, and again similarly reported that the

        21       Lieutenant Governor similarly did not have the

        22       ability to cast a vote that in effect would

        23       have enabled him to be the controlling vote

        24       for purposes of establishing the leadership of

        25       the house.



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         1                  ACTING PRESIDENT YOUNG:    Senator

         2       Kruger.

         3                  SENATOR CARL KRUGER:    Through

         4       you, Madam President.  I'm advised that the

         5       legislatures in both Montana and Idaho made

         6       determinations that their presiding officer,

         7       the lieutenant governor, could cast that

         8       deciding vote, that leadership vote, and

         9       citing New York law as the basis for that.

        10                  ACTING PRESIDENT YOUNG:    Senator

        11       Saland.

        12                  SENATOR SALAND:    I believe the

        13       distinction with respect to both of those

        14       states is that both of those states permit

        15       their lieutenant governors to cast deciding

        16       votes on legislation as well.  And that

        17       underscored the ability of that particular or

        18       those particular legislatures to respond as

        19       you claim that they have responded.

        20                  But you've failed to acknowledge

        21       the fact that there are other states that very

        22       similarly do not permit the lieutenant

        23       governor to cast such a vote.

        24                  SENATOR CARL KRUGER:    Through

        25       you, Madam President.  Once again, just to



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         1       reiterate, that those states -- and I'm not

         2       aware -- and there may be others that

         3       specifically used New York law as the basis

         4       for making that determination.

         5                  SENATOR SALAND:    I find that to

         6       be -- I'm sorry, Madam President.  Madam

         7       President, I suspect that what we are engaged

         8       in is a little bit of cherry-picking, that in

         9       fact the totality of what we're dealing with,

        10       the sections that we are dealing with are not

        11       necessarily consistent with what Senator

        12       Kruger is attempting to convey to us here.

        13                  It is certainly clear that the

        14       state apparently, as reported by none other

        15       than the lion of the print media, has in prior

        16       instances -- this Legislature in prior

        17       instances has said that the Lieutenant

        18       Governor's casting vote certainly did not

        19       permit him, and to date it has been a -- well,

        20       it hasn't always been a him -- him or her to

        21       have the authority that we would now be told

        22       by Senator Kruger that we're weaving

        23       apparently out of thin air.

        24                  ACTING PRESIDENT YOUNG:    Senator

        25       Kruger.



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         1                  SENATOR CARL KRUGER:    Through

         2       you, Madam President.  Senator, when I rose to

         3       speak on the --

         4                  SENATOR LIBOUS:    Madam President,

         5       point of order for a second, please.  And

         6       please indulge me, both speakers.

         7                  ACTING PRESIDENT YOUNG:    Yes,

         8       Senator Libous.

         9                  SENATOR LIBOUS:    This is a

        10       resolution in which the Senate requires that

        11       there's an hour to have debate.  And I know

        12       that there are other and I just want to bring

        13       it to the attention of the house that there

        14       are other speakers on both sides of the aisle,

        15       or individuals who would like to speak.

        16                  And I just wouldn't want Senator

        17       Kruger and Senator Saland to take up --

        18       seriously, to take up their time, because

        19       everybody -- others want to be heard on this

        20       issue.

        21                  ACTING PRESIDENT YOUNG:    Senator

        22       Libous, you are totally right.  And present

        23       rules say the debates on motions or

        24       resolutions is limited to one half-hour per

        25       side.



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         1                  So if you could take that into

         2       consideration, Senator.

         3                  SENATOR CARL KRUGER:    Senator

         4       Saland, when I rose on this resolution, I

         5       wanted to keep it in very simplistic terms.

         6       Where we have 62 members in this body, there

         7       could come a time -- as it has -- where we

         8       have a 31-31 standoff.  We have a Lieutenant

         9       Governor that's elected by the people of this

        10       state with specific responsibilities.

        11                  My question to you is, do we want

        12       to go back to where we were in June of two

        13       years ago or a year ago and talk about the

        14       Senate as it was?  Or do we want to have a

        15       very transparent, simple, straightforward

        16       process where we have a 31-31 standoff and

        17       have the Lieutenant Governor cast that

        18       deciding vote?  Is that a bad thing or is that

        19       a good thing?

        20                  SENATOR SALAND:    I would think,

        21       regardless of which party, the separation of

        22       powers and the importance of maintaining this

        23       chamber -- and, for that matter, the other

        24       chamber -- as a separate and distinct entity

        25       and not an arm of the executive branch, I



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         1       would say very clearly that's a bad thing.

         2                  The Lieutenant Governor is not a

         3       member of the Senate and I would say would be

         4       precluded, under Article 3, Section 9, from

         5       participating in the election of its officers.

         6       The Lieutenant Governor is permitted to vote

         7       on procedural issues.  The election of a

         8       Temporary President is anything but a

         9       procedural issue.

        10                  SENATOR CARL KRUGER:    Madam

        11       President, to sum up on the resolution.

        12                  ACTING PRESIDENT YOUNG:    Senator

        13       Kruger on the resolution.

        14                  SENATOR CARL KRUGER:    The

        15       Constitution allows the Lieutenant Governor to

        16       come in on a 31-31 logjam to cast that vote to

        17       break that tie so that this body can go

        18       forward doing its job.  To treat the process

        19       in any other way is only trying to add

        20       confusion, delay, and basically put the courts

        21       in the position to once again decide how we

        22       function, rather than allow this house,

        23       through its President, the Lieutenant

        24       Governor, to decide the leadership as we would

        25       go forward in a 31-31 environment.



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         1                  Thank you.  Thank you,

         2       Senator Saland.

         3                  ACTING PRESIDENT YOUNG:    Thank

         4       you.

         5                  SENATOR SALAND:    May I close?

         6                  ACTING PRESIDENT YOUNG:    Senator

         7       Saland, why do you rise?

         8                  SENATOR SALAND:    May I just offer

         9       some concluding remarks?

        10                  ACTING PRESIDENT YOUNG:    Would

        11       you like to speak on the resolution?

        12                  SENATOR SALAND:    Yes.

        13                  ACTING PRESIDENT YOUNG:    Okay.

        14       Go ahead, Senator.

        15                  SENATOR SALAND:    Thank you.

        16                  Madam President, the Lieutenant

        17       Governor is not a member of the Senate.  There

        18       is no precedent that provides him or her the

        19       ability to cast a vote other than on

        20       procedural matters.  The election of a leader,

        21       a Temporary President of the Senate and

        22       Majority Leader, is far from a procedural

        23       matter.

        24                  SENATOR SQUADRON:    Madam

        25       President.



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         1                  ACTING PRESIDENT YOUNG:    Senator

         2       Squadron, why do you rise?

         3                  SENATOR SQUADRON:    Would Senator

         4       Saland yield for a brief question?  I

         5       apologize for cutting off the conclusion,

         6       but --

         7                  ACTING PRESIDENT YOUNG:    Again,

         8       Senator, I would like to remind all the

         9       Senators that we need to be considerate of

        10       other Senators who want to speak.

        11                  SENATOR SQUADRON:    I will be very

        12       brief.

        13                  ACTING PRESIDENT YOUNG:    Go

        14       ahead, Senator Squadron.

        15                  SENATOR SQUADRON:    Senator

        16       Saland, do you yield for a question?

        17                  SENATOR SALAND:    Yes, I will.

        18                  SENATOR SQUADRON:    Senator Saland

        19       has made a case -- I don't believe it's a

        20       compelling case, but has made a case that the

        21       Lieutenant Governor doesn't now and has never

        22       had any role in terms of a casting vote in the

        23       Senate, despite the constitutional language.

        24       And I would just ask Senator Saland what's

        25       changed.



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         1                  SENATOR SALAND:    That's -- with

         2       all due respect, I'll answer the question by

         3       saying that's not what I said.  I said he has

         4       a casting vote, but the language is only a

         5       casting vote therein.  And the language is

         6       such that his role or her role is very limited

         7       and can only cast that vote on matters of

         8       process.

         9                  And there is no authority, no case

        10       law to the contrary, and there is nothing that

        11       makes him a member of this body.  He in fact

        12       is not a member of the Senate.  And if you go

        13       back to Article 3, Section 9, each house shall

        14       determine the rules of its own proceedings.

        15       This house can determine those rules and is

        16       proposing to do it with this very proposal.

        17                  SENATOR SQUADRON:    Through you,

        18       Madam President, if --

        19                  ACTING PRESIDENT YOUNG:    Senator

        20       Squadron, are you asking Senator Saland to

        21       yield?

        22                  SENATOR SQUADRON:    If Senator

        23       Saland will yield again, yes.

        24                  ACTING PRESIDENT YOUNG:    Do you

        25       yield, Senator?



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         1                  SENATOR SALAND:    I will.  But

         2       then I think I've overstayed my welcome.

         3                  SENATOR SQUADRON:    I'll ask one

         4       question with multiple parts, very briefly, in

         5       the interests of time.

         6                  I believe Senator Saland -- and he

         7       should correct me if at any point I'm wrong --

         8       has been in this body for 24 years, has voted

         9       for certainly 13 rules resolutions in that

        10       time.  I believe this is the first rules

        11       resolution with this provision.  Senator

        12       Saland does seem to be building quite a case

        13       for court.  And certainly if this provision

        14       passes, goodness knows we're all too likely to

        15       end up in court at some point.

        16                  I would just ask what compels

        17       Senator Saland to so heartily defend this

        18       provision and this change at this moment in

        19       history.  Might it to be that we're at 32-30

        20       with a Democratic Lieutenant Governor?  That's

        21       my final question.

        22                  Thank you, Madam President.

        23                  SENATOR SALAND:    It's rather

        24       basic.  It's called separation of powers and

        25       the right of this institution, through its



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         1       members, to make the decisions as to who shall

         2       constitute its leadership and not abdicate

         3       that responsibility to another branch of

         4       government.

         5                  Thank you.

         6                  ACTING PRESIDENT YOUNG:    Senator

         7       Breslin, on the resolution.

         8                  SENATOR BRESLIN:    Thank you very

         9       much, Madam President.

        10                  As all of you know, the

        11       Constitution of New York State was 1777.

        12       That's over 200 years ago.  And in Article 4,

        13       Section 6 it talks about the Lieutenant

        14       Governor giving the casting vote.  It does say

        15       "therein," "casting vote therein."

        16                  There's other sections that say the

        17       Lieutenant Governor doesn't have a vote on

        18       legislation, on bills.  He does, in fact, have

        19       the vote on a tie in this house.

        20                  That's over 200 years ago.  The

        21       Federal Constitution, which relied in part on

        22       the New York State Constitution, was developed

        23       some years later.  And there are courts across

        24       this country that have used our Constitution.

        25       Idaho, which was referred to before,



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         1       specifically used New York State as an example

         2       in a similar situation.

         3                  That's the law, in my opinion.  The

         4       facts, for 200 years, no one's bothered to

         5       change this.  And we don't want to get into

         6       individuals, but it is probably coincidental

         7       that we happen to have a Democratic Lieutenant

         8       Governor, one from upstate who's an

         9       outstanding leader from upstate.  And we went

        10       through years, my years here, when we had

        11       Lieutenant Governors who were of the other

        12       party, and there was no attempt to change

        13       this.

        14                  I think it's a blatant attempt to

        15       try to write the Constitution of the State of

        16       New York.  And I think that it's recognized

        17       that -- when I asked questions in the Rules

        18       Committee, there was no attempt to contact the

        19       Governor or the Attorney General or the

        20       Lieutenant Governor or constitutional experts,

        21       for that matter.

        22                  I think there's a very important

        23       reason why that hasn't been done.  It is that

        24       the words of Article 4, Section 6 are clear

        25       enough for this body to recognize that when



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         1       there is a tie for the choice of the President

         2       of this body, the casting vote is done by the

         3       Lieutenant Governor.

         4                  Thank you, Madam President.  And I

         5       will vote against this resolution on the rules

         6       changes.

         7                  ACTING PRESIDENT YOUNG:    Thank

         8       you, Senator Breslin.

         9                  Senator Liz Krueger.

        10                  SENATOR LIZ KRUEGER:    Thank you,

        11       Madam President.  On the resolution.

        12                  So I have listened to the

        13       discussion and even the debate going on

        14       tonight, and there seems to be a little bit of

        15       confusion over what we're arguing about

        16       vis-a-vis the one section of the new rules

        17       being proposed tonight by Senator Skelos and

        18       how it violates or doesn't violate the intent

        19       of the New York State Constitution and the

        20       language of the New York State Constitution.

        21                  So just to go backwards a week, in

        22       the Rules Committee on January 25th when I was

        23       making the supposition that this was

        24       complicated and that we should have a few

        25       minutes or days to review with constitutional



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         1       scholars, and I suggested we not have this

         2       rules debate last week, Senator Libous

         3       confirmed that the intent behind the change to

         4       Senate Rule 2, Section 1 sought to leave the

         5       vote for Temporary President exclusively to

         6       members of the Senate.

         7                  From the transcript.  Myself:  Is

         8       it possible that this rule possibly changes

         9       the role of the Lieutenant Governor vis-a-vis

        10       tie-breaking votes?  Senator Libous:  Yes, it

        11       require's a vote of 32.  Senator Liz Krueger:

        12       So it would require the vote of 32 in a 31-31

        13       situation in the Senate?  Senator Libous:  We

        14       believe that only members should break the tie

        15       in a vote for President of the Senate.

        16                  So in fact we are arguing about the

        17       role of the Lieutenant Governor in a casting

        18       vote issue on procedure and whether the rules

        19       resolution being submitted to us tonight is in

        20       violation of the Constitution.

        21                  And I would argue that it is.  That

        22       the State Constitution and the current Senate

        23       rules are clear that the Lieutenant Governor

        24       shall be the President of the Senate but shall

        25       have only a casting vote therein -- New York



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         1       State Constitution, Article 4, Section 6, and

         2       current Senate Rule 1, Section 1, current

         3       rules being the ones we're using tonight until

         4       or if we change them with this resolution

         5       tonight.  A casting vote is defined many, many

         6       places -- Mason's manual, our Constitution,

         7       Black's Law Dictionary -- as a casting vote is

         8       a deciding vote by the President, presiding

         9       officer of a deliberative body, in case of a

        10       tie.

        11                  The only specific constitutional

        12       limitation on the Lieutenant Governor's

        13       casting of a vote is found in Article 3,

        14       Section 14, which provides that no bill can be

        15       passed or become law except by the assent of a

        16       majority of members elected to each branch of

        17       the Legislature.

        18                  Most constitutional scholars agree

        19       this provision prohibits the Lieutenant

        20       Governor to use his casting vote on

        21       legislation.  But again, I don't believe I've

        22       heard any colleagues on this side of the aisle

        23       saying we want to recognize the Lieutenant

        24       Governor's casting vote on legislation.  We

        25       want to assure his constitutionally



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         1       established right to have a casting vote on

         2       procedure of the floor of the Senate,

         3       including the decision over who ends up the

         4       President or Majority Leader of the Senate in

         5       situations where it may be 31-31.

         6                  And any number of my colleagues

         7       have referenced the fact that the history of

         8       this portion of our State Constitution goes

         9       back to the 1700s.  And in fact, Alexander

        10       Hamilton, a great New Yorker who was a

        11       delegate to the U.S. Constitutional

        12       Convention, established the purpose and intent

        13       of the role of a President outside of being an

        14       elected member of the Senate, and the reason

        15       that we ought to have a situation where a

        16       casting vote can be assured, in his Federalist 

        17       Papers.

        18                  And in fact, in the Federalist

        19       Paper Number 68, he explained the necessity of

        20       a vice president in the Senate position:  "To

        21       secure definitive resolutions, the Senate

        22       President must be able to cast tie-breaking

        23       votes yet be denied a vote at all other times.

        24       Therefore, the Senate's presiding officer must

        25       not be a member of the Senate.  Nor should a



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         1       Senator be next in line for the presidency,

         2       since the President's successor shall be

         3       chosen in the same manner as the President."

         4                  Now, he was referencing the U.S.

         5       Constitution, but he was in fact taking his

         6       recommendations and applying them through

         7       state constitutions as well as the Federal

         8       Constitution.

         9                  Now, there have been debates

        10       throughout history, in the 1700s, in the

        11       1800s, in the 1900s, and a number of them have

        12       been cited here tonight around the issue of

        13       who can vote to split a tie when.  But I don't

        14       believe, Madam President, there is any debate

        15       on the powers of the Lieutenant Governor to be

        16       a casting vote, to split a tie on procedural

        17       issues here on the floor.  This is a

        18       fundamental interpretation of our Constitution

        19       that we should not allow to go into the rules

        20       of our Senate without assurance that they are

        21       not intended to violate the Constitution.

        22                  I cannot vote for these rules

        23       tonight because we have seen in recent

        24       history, and it has been discussed already,

        25       that sometimes you may end up in a tie.  You



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         1       may end up in a tie that it's uncomfortable

         2       for everyone, everyone on both sides of the

         3       aisle.

         4                  But it is critical because of that

         5       reality that we not violate our Constitution.

         6       And we should not forget the lessons of our

         7       Founding Fathers when they were creating our

         8       the U.S. Constitution to recognize the

         9       importance of having a mechanism in place to

        10       ensure the civil discourse and continuity of

        11       government.

        12                  And so it's a lot of debate, it's a

        13       lot of time spent here, which is a good place

        14       to have this debate, on the floor.  One of my

        15       colleagues also referenced, Well, let's say we

        16       put it in the rules of the Senate and we end

        17       up in a 31-31 situation, we'll then go and

        18       litigate it.  Well, we do litigate an awful

        19       lot of things, ladies and gentlemen.  And I

        20       suppose you could argue, because we are the

        21       creators of laws, it's appropriate for much of

        22       what we do here to end up being the fodder and

        23       discussion of courts.

        24                  But I would argue we don't want to

        25       knowingly set ourselves up to have to have a



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         1       constitutional dispute through the courts at a

         2       time where we might find ourselves in a 31-31

         3       situation.

         4                  While we've been here this

         5       afternoon and this evening, according to the

         6       press, Lieutenant Governor Duffy has said he

         7       intends to vote, if there's a tie situation.

         8       He will use his casting vote authority.

         9       Governor Cuomo has said he does not agree with

        10       these proposed rules.  He is clear that it is

        11       the constitutional authority of the Lieutenant

        12       Governor to use his casting vote to split a

        13       tie in situations that we are describing

        14       tonight.

        15                  Yes, we can wait and litigate the

        16       whole situation if and when we are in a tie

        17       situation.  But I would have to argue with all

        18       my colleagues it would be far, far better for

        19       us not to make this mistake, not to write

        20       rules of the Senate that we know not only are

        21       a violation of the explicit language of the

        22       Constitution but set us up to be forced into a

        23       constitutional-challenge lawsuit if and when a

        24       time comes.

        25                  We've not needed to put this



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         1       language in the rules of the Senate ever

         2       before.  Not having this language in the rules

         3       of the Senate hasn't seemingly done us harm

         4       for hundreds of years.  So I suppose in urging

         5       us to not accept the rules as written, and

         6       certainly to remove this section of the rules

         7       before we move forward, we ask ourselves the

         8       question why do we need to open ourselves to

         9       this problem.

        10                  Our Constitution is clear.  It has

        11       protected us for hundreds of years.  There's

        12       no reason to mess with it here on the floor of

        13       the Senate tonight.  I urge my colleagues to

        14       vote no.

        15                  Thank you, Madam President.

        16                  ACTING PRESIDENT YOUNG:    Thank

        17       you, Senator Krueger.

        18                  Senator Diaz.

        19                  SENATOR DIAZ:    Thank you, Madam

        20       President.

        21                  Madam President, would Senator

        22       Libous yield for a question or two, please.

        23                  SENATOR LIBOUS:    I'm sorry,

        24       Senator Diaz, you would like me to yield?

        25                  SENATOR DIAZ:    Yes, sir.



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         1                  ACTING PRESIDENT YOUNG:    Oh, I'm

         2       sorry.  Would you yield, Senator Libous?

         3                  SENATOR LIBOUS:    Sure.  Sure.

         4                  ACTING PRESIDENT YOUNG:    Go

         5       ahead, Senator Diaz.

         6                  SENATOR DIAZ:    Yeah.  Thank you.

         7                  Senator Libous, more than once

         8       tonight, various people, various Senators have

         9       mentioned the names of Monserrate and Espada,

        10       those times.  And you said that we are 62

        11       members in this chamber.  For the benefit of

        12       those that are viewing and listening to the

        13       TV, would you please tell me, out of those 62

        14       Senators, how many are registered Democrats

        15       and how many are registered Republicans?

        16                  ACTING PRESIDENT YOUNG:    Senator

        17       Libous.

        18                  SENATOR LIBOUS:    I believe there

        19       are 32 registered Republicans and 30

        20       registered Democrats at the present time,

        21       Senator.

        22                  SENATOR DIAZ:    Would Senator

        23       Libous yield.

        24                  ACTING PRESIDENT YOUNG:    Senator

        25       Libous, would you continue to yield?



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         1                  SENATOR LIBOUS:    Yeah, I would.

         2                  ACTING PRESIDENT YOUNG:    Go

         3       ahead, Senator Diaz.

         4                  SENATOR DIAZ:    Senator Libous,

         5       I'm going to ask my question again.  Are you

         6       sure that there are 32 registered Democrats

         7       and not 31?

         8                  SENATOR LIBOUS:    Mr. President, I

         9       don't have the Board of Election buff cards in

        10       front of me, but I believe there are 32

        11       registered Republicans and 30 registered

        12       Democrats in this chamber.

        13                  ACTING PRESIDENT YOUNG:    Senator

        14       Diaz.

        15                  SENATOR DIAZ:    Madam President,

        16       would Senator Libous continue to yield?

        17                  ACTING PRESIDENT YOUNG:    Senator,

        18       do you yield?

        19                  SENATOR LIBOUS:    Sure.

        20                  ACTING PRESIDENT YOUNG:    Go

        21       ahead, Senator Diaz.

        22                  SENATOR DIAZ:    Senator Libous,

        23       according to my knowledge -- maybe I'm wrong,

        24       but would you please clarify for me this.  I

        25       understand that Senator Grisanti, from



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         1       Buffalo, is a registered Democrat.  I

         2       understand that Senator Valesky is Democrat.

         3       I understand that Senator Jeff Klein --

         4                  SENATOR LIBOUS:    Madam President,

         5       in all due respect to Senator --

         6                  SENATOR DIAZ:    Could you please

         7       let me finish?  I have the floor.

         8                  SENATOR LIBOUS:    Well, in all due

         9       respect, I don't know if this is germane to

        10       the rules.

        11                  SENATOR DIAZ:    It is.  It is.

        12       Because when I finish it, you will see it is.

        13                  ACTING PRESIDENT YOUNG:    Point of

        14       order.

        15                  SENATOR DIAZ:    So --

        16                  ACTING PRESIDENT YOUNG:    Senator

        17       Diaz, could you please keep your remarks to

        18       the germaneness of the --

        19                  SENATOR DIAZ:    All right.  My

        20       question is, the -- Madam President, we are

        21       deciding here the fate of the Lieutenant

        22       Governor in this chamber, that in any given

        23       time the Lieutenant Governor could decide who

        24       keeps the majority or who goes into the

        25       minority.  And what I'm saying is that right



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         1       now this chamber has 31 Democrats and 31

         2       Republicans.

         3                  Now, Senator -- Senator, I'm

         4       speaking -- I'm addressing myself on the

         5       resolution now.  Okay?

         6                  ACTING PRESIDENT YOUNG:    So you'd

         7       like to speak on the resolution?

         8                  SENATOR DIAZ:    Yeah.

         9                  ACTING PRESIDENT YOUNG:    Thank

        10       you, Senator.  Go ahead.

        11                  SENATOR DIAZ:    So Senator Saland

        12       spoke about disenfranchising voters or that

        13       we're going to disenfranchise, something like

        14       that he said.

        15                  Now I'm saying that right now we

        16       have 31 registered Republicans in this

        17       chamber, on this floor, and 31 Democrats.

        18       Let's assume, Madam President and ladies and

        19       gentlemen, let's assume that those five

        20       registered Democrats that are voting with you

        21       now in any given time decide, okay, we are not

        22       going to disenfranchise the Democratic voters

        23       that elected us and we're going to become

        24       Democrats again.

        25                  So that means that then the



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         1       Democrat Lieutenant Governor will be the one

         2       that will decide who is going to be in the

         3       majority.  If those five Democrats -- the one

         4       from Buffalo, Grisanti, Senator Klein, Senator

         5       Valesky, Senator Savino, Senator Carlucci --

         6       if those five Democrats decide to become

         7       Democrats again tomorrow, tonight, there will

         8       be 31-31 here.

         9                  So right now there is no reason why

        10       you'd be in the majority -- if those

        11       Democrats, five Democrats decide to be

        12       Democrats again, the Republicans will not be

        13       in the majority, because there will be 31-31.

        14       And then the Lieutenant Governor will decide,

        15       and we Democrats, together with those five

        16       Democrats that are registered Democrats that

        17       are not voting with us, we will become the

        18       majority.

        19                  So it is important for the people

        20       that are listening and it is important for

        21       people to know what is it we do here tonight.

        22       By taking away, by taking away the power of

        23       the Lieutenant Governor to decide in matters

        24       like this.

        25                  So, Madam President, it is



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         1       relevant, what I'm saying to -- what I was

         2       asking Senator Libous.  We have -- and it's

         3       very important for everyone to know right now

         4       we have 31 Republicans and 31 Senators that

         5       are registered Democrats.  And if we are

         6       disenfranchising anybody, it is those five

         7       Senators who are the ones that

         8       disenfranchising the Democratic voters that

         9       elected us.

        10                  Thank you, Madam President.

        11                  SENATOR LIBOUS:    Madam President.

        12                  ACTING PRESIDENT YOUNG:    Senator

        13       Libous.

        14                  SENATOR LIBOUS:    Would the

        15       Senator yield for one quick question.

        16                  ACTING PRESIDENT YOUNG:    Senator

        17       Diaz, do you yield?

        18                  SENATOR LIBOUS:    Would you yield

        19       for one quick question?

        20                  SENATOR DIAZ:    I will yield for

        21       three or four or five, whatever.

        22                  SENATOR LIBOUS:    No, just one,

        23       Senator.  Senator, did you or did you not have

        24       the Republican line in this past election?

        25       Did you or did you not have the Republican --



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         1                  SENATOR DIAZ:    But I was being a

         2       Democrat.  I'm a registered Democrat.

         3                  SENATOR LIBOUS:    Did he or did he

         4       not have the Republican line?

         5                  SENATOR DIAZ:    Yes, I did.

         6                  SENATOR LIBOUS:    Thank you, Madam

         7       President.

         8                  SENATOR DIAZ:    Madam President,

         9       that's not the question.  I'm asking who are

        10       registered Democrats.

        11                  ACTING PRESIDENT YOUNG:    Senator

        12       Diaz -- Senator Diaz, thank you.

        13                  We do have some other speakers.

        14       And I do want to remind you once again that

        15       there's a time limit.  The Minority side of

        16       the house has exceeded their time limit, so we

        17       are showing some indulgence toward that.  But

        18       please keep that in mind, because you are over

        19       the limit.

        20                  So next we would call on Senator

        21       Parker.

        22                  SENATOR PARKER:    Thank you, Madam

        23       President.

        24                  And I know that the time is late

        25       and my colleagues are weary, having traveled



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         1       throughout the state last night and this

         2       morning.  But this is an important issue.

         3                  People think that the rules are

         4       just simply the rules.  But the reality is

         5       that, you know, government is the one of the

         6       few places where how you do things is as

         7       important as what you do.  And so you kind

         8       of -- you know, garbage in, garbage out.

         9                  And so, you know, these rules are

        10       important because also important decisions are

        11       going to be made here.  And who is able to

        12       cast a final determining vote is going to be

        13       critical.

        14                  And I just really want to associate

        15       myself with a number of the comments by my

        16       colleagues, particularly Liz Krueger, who

        17       cited many of the things -- and I'm not going

        18       to kind of go through all these things.

        19                  But I think it is important to note

        20       that the Majority's attempt to change who is

        21       able to make a casting vote is not only

        22       against the Constitution of the state but also

        23       flies in the face of both, unlike what Senator

        24       Saland says, actually case law, the

        25       Constitution, and it flies in the face of



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         1       really what the U.S. Constitution has created

         2       as a precedent in terms of providing casting

         3       votes.

         4                  The rules change that's being

         5       proposed is the Senate shall choose a

         6       Temporary President by resolution adopted upon

         7       the vote of a majority of the members of the

         8       Senate elected, unquote.  And this is a

         9       proposed rules change to Section 1.  Although

        10       Article 3, Section 9 of the New York State

        11       Constitution permits the Senate to determine

        12       its own rules, the State Constitution assigns

        13       the Lieutenant Governor the power to make and

        14       break deadlocks in the chamber by exercising a

        15       casting vote.  And again, that's in New York

        16       City Constitution, Article 4.  Sorry, check

        17       that, Article 4, Section 6.

        18                  So I've heard lots of people say

        19       that, you know, we're not changing the

        20       Constitution.  This rule change, if voted upon

        21       tonight, would actually fly counter to what

        22       the New York State Constitution says.  And

        23       consequently, the Republican Majority proposes

        24       new rules violating the Constitution and

        25       denies citizens of New York the ability to



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         1       participate in amending the New York State

         2       Constitution.

         3                  Alternatively, if one accepts the

         4       current Republican --

         5                  ACTING PRESIDENT YOUNG:    Senator

         6       Nozzolio, why do you rise?

         7                  SENATOR NOZZOLIO:    Thank you,

         8       Madam President.  Madam President, will

         9       Senator Parker yield to a question.

        10                  ACTING PRESIDENT YOUNG:    Senator

        11       Parker, do you yield?

        12                  SENATOR PARKER:    I would like to

        13       yield.  I would like to finish this, and then

        14       I'll be happy to yield.  I need two minutes.

        15                  ACTING PRESIDENT YOUNG:    The

        16       Senator doesn't yield at this time, but we'll

        17       revisit.

        18                  SENATOR PARKER:    I will yield, I

        19       just want to finish my thought and then I'll

        20       be happy to yield.

        21                  ACTING PRESIDENT YOUNG:    Very

        22       good.  Thank you, Senator.

        23                  SENATOR PARKER:    Alternatively,

        24       if one accepts the current Republican

        25       Majority's narrow interpretation of the



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         1       Lieutenant Governor's authority to use a

         2       casting vote only upon motions and

         3       resolutions, the proposed rule would still be

         4       unconstitutionally restricted by the

         5       Lieutenant Governor's constitutionally

         6       confirmed authority.  And again, if you see

         7       the New York Attorney General's opinion

         8       83-F10, it actually confirms that.

         9                  Of course, the current Republican

        10       Majority's interpretation of the casting vote

        11       is the complete opposite of the historic

        12       position, which was most forcefully stated in

        13       2008 when then-Temporary President Joseph

        14       Bruno stated that because of the lack of a

        15       Lieutenant Governor, he would be able to vote

        16       twice on deadlocked votes -- some of you guys

        17       remember that, right -- including for the

        18       Senate leadership.  And you can see that in

        19       the New York Times, there's an article called

        20       "In a Senate Tie, Could Bruno Vote Twice?" of

        21       March 12, 2008.

        22                  This has been an ongoing problem.

        23       I think that Liz talked about that, in the

        24       fact that it's really important to

        25       understand -- and not only did Alexander



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         1       Hamilton refer to what states were doing to

         2       start developing the U.S. Constitution, he

         3       actually was specifically talking about

         4       New York.  It was actually the New York case

         5       that was actually -- the New York State

         6       Constitution was ratified in 1777, a full

         7       10 years before the Federal Constitution, and

         8       it was really the basis for what we see the

         9       around the country.

        10                  What we're seeing here, folks, is a

        11       simple power grab.  And what would simply

        12       happen, let me just be very clear about this,

        13       in a 31-31 tie -- Senator Libous essentially

        14       said it -- that whoever is the leader will

        15       continue to be the leader.  This is an attempt

        16       to make sure that in 2012, if there's a new

        17       election, that in 2013, when there's supposed

        18       to be a change, if in fact we wind up with a

        19       31-31 tie, that the Republican Majority, and

        20       presumably Senator Skelos, would continue to

        21       be the leader.

        22                  And this is again, I think, the

        23       wrong way for us to be going at this time.  I

        24       think it's counter to what we see, again, not

        25       just in the U.S. Constitution, the State



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         1       Constitution, but other states.  In fact, the

         2       National Council of State Legislators notes

         3       that the lieutenant governor presides over the

         4       senate in 25 states.  In all but one of those

         5       states, the lieutenant governor is able to

         6       break ties.

         7                  More importantly, a lieutenant

         8       governor vote broke organizational deadlocks

         9       in Idaho in 1990 and in Pennsylvania in 1992.

        10       A report prepared by the Virginia State Senate

        11       Rules Committee in 1996 noted that in the

        12       reported cases, only Minnesota concluded that

        13       the lieutenant governor did not have the

        14       authority to cast a tie-breaking vote.

        15                  And that's Howard, it's in the Law

        16       28 -- I'll give you the citation if you want

        17       it.  I'm trying to move fast.

        18                  Alternatively, in seven decisions

        19       the respective high courts decided that the

        20       lieutenant governor may vote to break a vote

        21       in procedural matters, including in Delaware,

        22       Idaho, Kansas, Michigan, Montana, Nebraska and

        23       North Dakota.

        24                  In conclusion, I really wanted to

        25       say that we're going to disenfranchise voters



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         1       more than anything else.  Not only are we

         2       going to create a bad precedent in terms of

         3       this house and what happens here, but the

         4       voters who voted for a Governor voted for that

         5       Governor because he had a different set of

         6       powers and responsibilities than a Senator.

         7       Senators should not be in line to become

         8       Governor, and that's fine.  You know, all of

         9       our aspirations aside.

        10                  What we ought to be doing here is

        11       having a process that is authentic and that

        12       keeps the integrity of what voters voted for

        13       when they elected us but, more importantly,

        14       when they elected the Governor and the

        15       Lieutenant Governor of the state.

        16                  I'll accept a question if Senator

        17       Nozzolio still has one.

        18                  ACTING PRESIDENT YOUNG:    Senator

        19       Nozzolio passes at this time.

        20                  SENATOR PARKER:    Thank you.

        21                  ACTING PRESIDENT YOUNG:    Thank

        22       you, Senator Parker.

        23                  Again, I would ask the speakers to

        24       be brief.

        25                  The next speaker would be Senator



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         1       Gianaris.

         2                  SENATOR GIANARIS:    Thank you,

         3       Madam President.  Would Senator Libous yield

         4       for a question.

         5                  ACTING PRESIDENT YOUNG:    Senator

         6       Libous, do you yield?

         7                  SENATOR LIBOUS:    I do, Senator.

         8                  ACTING PRESIDENT YOUNG:    Thank

         9       you, Senator.

        10                  SENATOR GIANARIS:    Thank you.

        11                  My question to Senator Libous is

        12       simply do you believe that the State

        13       Constitution currently provides the Lieutenant

        14       Governor the power to break ties over the

        15       selection of a Temporary President in the

        16       Senate?

        17                  SENATOR LIBOUS:    No, I do not.  I

        18       think I've been very clear, Madam President.

        19                  SENATOR GIANARIS:    You have.

        20                  Would the Senator continue to

        21       yield, Madam President.

        22                  ACTING PRESIDENT YOUNG:    Senator

        23       Libous, do you yield?

        24                  SENATOR LIBOUS:    I do, Madam

        25       President.



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         1                  ACTING PRESIDENT YOUNG:    Go

         2       ahead, Senator Gianaris.

         3                  SENATOR GIANARIS:    Given that you

         4       have made that position very clear, I have one

         5       very simple question.  Which is if you do not

         6       believe the Constitution provides that power

         7       currently, why is it necessary to include this

         8       provision in the rules of the Senate?

         9                  SENATOR LIBOUS:    It just

        10       clarifies what we believe the Constitution

        11       says.

        12                  SENATOR GIANARIS:    Exactly.

        13       Thank you, Senator Libous.

        14                  On the resolution, Madam President.

        15                  ACTING PRESIDENT YOUNG:    On the

        16       resolution.

        17                  SENATOR GIANARIS:    What we heard

        18       Senator Libous just admit to is that it is the

        19       intent of the Senate Majority to use the

        20       Senate rules to interpret a provision of the

        21       Constitution.  And that is an incredibly

        22       dangerous thing to do.

        23                  It is without question that there

        24       is a difference of opinion as to what the

        25       Constitution provides in Article 4, Section 6.



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         1       We heard Senator Saland earlier refer to the

         2       New York Times of the 1800s -- and far be it

         3       from me not to accept the New York Times as an

         4       authority.

         5                  But there is also another authority

         6       from New York, from 1906, which postdates that

         7       New York Times article, from Charles Lincoln,

         8       a treatise called "The Constitutional History

         9       of New York."  The author was a member of the

        10       New York Constitutional Convention.  And he

        11       stated very clearly:  "The power to dissolve a

        12       tie and decide the question has been properly

        13       vested in the Lieutenant Governor.  This power

        14       extends to all matters not involving the

        15       passage of a bill, including the choice of its

        16       officers, including the Temporary President."

        17                  So at a minimum, there's a

        18       difference of opinion as to what this

        19       provides.  And there are two ways our

        20       government allows for varying interpretations

        21       of the Constitution to be resolved.  One is

        22       for the court system to interpret those

        23       provisions.  And a situation like this

        24       ultimately would be decided by the highest

        25       court in the state, the Court of Appeals.



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         1                  I find it rather ironic that we

         2       hear from the Majority the complaint that the

         3       Lieutenant Governor is not an elected member

         4       of the Senate and therefore is inserting

         5       himself as an elected member if he were to be

         6       given this power, yet at the same time the

         7       Senate Majority, by its own admission, is

         8       inserting itself as members of the judiciary

         9       in attempting to interpret what the

        10       Constitution of the state provides.

        11                  There's a second way that disputes

        12       as to constitutional interpretation can be

        13       resolved, and that way rests properly with the

        14       Legislature.  That is to amend the

        15       Constitution.  And that is also not what the

        16       Senate Majority is doing.  They are not

        17       suggesting a constitutional amendment to

        18       further clarify Article 4, Section 6, which

        19       would be the subject of a robust debate in

        20       this chamber and in the other chamber across

        21       the hall, would have to be passed by two

        22       separately elected legislatures and,

        23       importantly, be approved by the people of the

        24       State of New York in a referendum.

        25                  What is not an option is for the



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         1       rules dictating the procedure of this house to

         2       be used to interpret the most important

         3       governmental document this state has, and

         4       that's the Constitution of the State of

         5       New York.

         6                  ACTING PRESIDENT YOUNG:    Senator

         7       Nozzolio, why do you rise?

         8                  SENATOR NOZZOLIO:    Madam

         9       President, will Senator Gianaris respond to a

        10       question.

        11                  ACTING PRESIDENT YOUNG:    Do you

        12       yield, Senator?

        13                  SENATOR GIANARIS:    I'd be happy

        14       to.

        15                  ACTING PRESIDENT YOUNG:    Go

        16       ahead, Senator Nozzolio.

        17                  SENATOR NOZZOLIO:    Thank you,

        18       Senator Gianaris.  Thank you, Madam President.

        19                  Senator Gianaris, the authority you

        20       quote as the constitutional authority, who was

        21       that?

        22                  SENATOR GIANARIS:    Let me get it

        23       exactly right.  Charles Lincoln.

        24                  SENATOR NOZZOLIO:    And, Madam

        25       President, will Senator Gianaris continue to



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         1       yield.

         2                  ACTING PRESIDENT YOUNG:    Do you

         3       yield, Senator?

         4                  SENATOR GIANARIS:    Yes, I do.

         5                  ACTING PRESIDENT YOUNG:    Go

         6       ahead, Senator.

         7                  SENATOR NOZZOLIO:    Thank you,

         8       Madam President.

         9                  Senator Gianaris, did Mr. Lincoln

        10       in his analysis refer to any specific action

        11       taken by this body and particularly by the

        12       Lieutenant Governor?  In Mr. Lincoln's

        13       analysis, did he refer to any particular

        14       action taken by the Lieutenant Governor in

        15       making certain decisions of which you are

        16       quoting from?

        17                  SENATOR GIANARIS:    Just to

        18       clarify, are you asking whether he's a

        19       referring to a specific action that actually

        20       took place, as opposed to a theoretical

        21       discussion?

        22                  SENATOR NOZZOLIO:    That's

        23       correct.

        24                  SENATOR GIANARIS:    Not in the

        25       section that I quoted, no.



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         1                  ACTING PRESIDENT YOUNG:    Senator

         2       Nozzolio.

         3                  SENATOR NOZZOLIO:    If Senator

         4       Gianaris would continue to yield, Madam

         5       President.

         6                  ACTING PRESIDENT YOUNG:    Will you

         7       continue to yield, Senator Gianaris?

         8                  SENATOR GIANARIS:    Yes, Madam

         9       President.

        10                  ACTING PRESIDENT YOUNG:    Go

        11       ahead.

        12                  SENATOR NOZZOLIO:    It's my

        13       understanding, Senator, that the source and

        14       authority of which you quote based his

        15       decision on certain articles of the State

        16       Constitution that were actually regarding --

        17       in his argument supported by a single case in

        18       which the mayor of a city in this state voted

        19       to break a tie on a substantive matter, that

        20       he had -- the constitutional authority which

        21       you quote was not referring to the Lieutenant

        22       Governor of the State of New York but rather

        23       an action by a mayor and city council.

        24                  SENATOR GIANARIS:    In discussing

        25       the action which you reference, the author,



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         1       who has been regularly cited as a source by

         2       our Court of Appeals, went into the

         3       theoretical discussion of the powers of a

         4       Lieutenant Governor in making the analysis as

         5       it relates to the case you're talking about.

         6                  My point is simply that there are

         7       authorities that are on either side of this

         8       issue, and this matter is properly resolved

         9       either by the court system itself -- which is

        10       where a constitutional interpretation should

        11       be interpreted -- or, if the Legislature is

        12       going to take this up, it should do so through

        13       the process of a constitutional amendment, not

        14       through setting the procedural rules of this

        15       house, which is what you are attempting to do

        16       tonight.

        17                  SENATOR NOZZOLIO:    Madam

        18       President, will Senator Gianaris continue to

        19       yield.

        20                  ACTING PRESIDENT YOUNG:    Will you

        21       yield?

        22                  SENATOR GIANARIS:    Yes, Madam

        23       President.

        24                  SENATOR NOZZOLIO:    That I

        25       appreciate your isolating this, although



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         1       certainly I recall last year or two years ago

         2       when the selection of Lieutenant Governor was

         3       made not by any constitutional authority but a

         4       combination, of which I believe you suggested

         5       be for with.  Isn't that in fact the direct

         6       opposite of what you're suggesting now,

         7       that -- but let me -- let me --

         8                  SENATOR GIANARIS:    Is that a

         9       question, Madam President?  Because I would

        10       like to answer it.

        11                  ACTING PRESIDENT YOUNG:    Is that

        12       a question, Senator?

        13                  SENATOR NOZZOLIO:    No, Madam

        14       President, it wasn't.

        15                  (Laughter.)

        16                  ACTING PRESIDENT YOUNG:    It was a

        17       statement, Senator.

        18                  SENATOR NOZZOLIO:    My question,

        19       Senator, is this.  There is one word in the

        20       State Constitution that isolates the actions

        21       of a Lieutenant Governor from the threshold to

        22       the casting vote, and that one word is the

        23       word "therein."

        24                  It's my opinion and the opinion of

        25       others on our side of the aisle that the word



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         1       "therein" constitutes the operative time when

         2       the Lieutenant Governor can engage his

         3       authority after the body so chooses its

         4       leadership.

         5                  And I believe that is an issue that

         6       I did not hear you discuss.  Are you not

         7       familiar with that provision of the State

         8       Constitution?  Let me refer that to you.  It's

         9       Article 4, Section 6.

        10                  ACTING PRESIDENT YOUNG:    Senator

        11       Gianaris.

        12                  SENATOR GIANARIS:    Yeah, I

        13       respect the Senator's position on that.  And I

        14       respect that there can be differences of

        15       opinion as to how Article 4, Section 6 should

        16       be interpreted.

        17                  My point is simply that that is not

        18       resolved on the floor of the Senate when we're

        19       passing the rules of the Senate.  That is

        20       either resolved by the Court of Appeals, after

        21       litigation -- which, to answer your previous

        22       question which you revoked, was in fact where

        23       the issue of the appointment of the Lieutenant

        24       Governor was decided, ultimately, as it should

        25       have been -- or by constitutional amendment.



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         1                  What is it that the Senate Majority

         2       is afraid of?  Put forward a constitutional

         3       amendment.  Let's vote for it, if that's what

         4       you want to do.  Let's see what the Assembly

         5       does.  And let's change the Constitution the

         6       proper way, if that's what you want to do, not

         7       through this back-door mechanism of

         8       establishing the procedural rules of this

         9       house in a way that by Senator Libous's own

        10       admission is intended to interpret the

        11       Constitution.

        12                  SENATOR NOZZOLIO:    Madam

        13       President, will Senator Gianaris continue to

        14       yield.

        15                  ACTING PRESIDENT YOUNG:    Will you

        16       yield?

        17                  SENATOR GIANARIS:    Yes, Madam

        18       President.

        19                  ACTING PRESIDENT YOUNG:    I'm

        20       confused, Senator.  The purity of which you

        21       wish to change the Constitution was ignored

        22       totally in the selection of Lieutenant

        23       Governor.

        24                  Your admonition that this body

        25       change the State Constitution was a plea that



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         1       was totally ignored when this body put on a

         2       rider to the last year's budget that totally

         3       changed the way the census is determined in

         4       New York State, in direct contradiction to the

         5       State Constitution.

         6                  I guess that's the question we had

         7       then:  Why didn't the same Legislature change

         8       the State Constitution during the prison

         9       census issue or during the Lieutenant Governor

        10       issue?  Neither of those constitutional

        11       questions were changed by the State

        12       Constitution but rather by this body.

        13                  SENATOR GIANARIS:    It was my

        14       position, Senator Nozzolio -- I can speak most

        15       authoritatively about the Lieutenant Governor

        16       appointment issue.  And it was my position and

        17       continues to be my position that the

        18       Constitution allowed that appointment.  So the

        19       Constitution did not need to be changed.

        20                  Others disagreed, and they took it

        21       to court and they lost.  So we had a

        22       Lieutenant Governor that was appointed.

        23                  The fact is that in this case the

        24       Senate Majority believes that the Constitution

        25       does not provide the Lieutenant Governor the



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         1       power to break a tie.  I disagree.

         2                  But given that the Majority does

         3       not believe that power currently exists,

         4       there's no reason to insert it in the rules

         5       right now other than to try and interpret the

         6       Constitution.  And that is inappropriate, and

         7       that is in contravention of the balance of

         8       powers that this state has been living under

         9       for over 200 years.

        10                  And I find it offensive, and I

        11       think it's the worst of what people dislike

        12       about Albany.  The worst of what people

        13       dislike about this Capitol is that we are

        14       using the procedural rules of this house to

        15       interpret something as important as the powers

        16       of the Lieutenant Governor of the State of

        17       New York.

        18                  SENATOR NOZZOLIO:    Senator, you

        19       and I respectfully --

        20                  ACTING PRESIDENT YOUNG:    Senator,

        21       are you asking Senator Gianaris to yield?

        22                  SENATOR NOZZOLIO:    Yes, Madam

        23       President.

        24                  ACTING PRESIDENT YOUNG:    Do you

        25       yield?



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         1                  SENATOR GIANARIS:    Yes, Madam

         2       President.

         3                  ACTING PRESIDENT YOUNG:    Proceed.

         4                  SENATOR NOZZOLIO:    Senator

         5       Gianaris, you and I respectfully disagree

         6       about that tactic and the characterization of

         7       the motivation for placement of these rules.

         8                  I appreciate you clarifying your

         9       source, your constitutional source, and I

        10       thank you for your yielding.

        11                  SENATOR GIANARIS:    Thank you,

        12       Senator.

        13                  And I know the time is short, so I

        14       will just conclude.  I think my points have

        15       largely been made.

        16                  But this is not the time and the

        17       place to be interpreting the Constitution or

        18       to be tinkering with a document as important

        19       as the Constitution.  If there's a

        20       disagreement as to what the Constitution says,

        21       the courts should resolve it.  If we're not

        22       happy with what the Constitution says, we

        23       should change it through the constitutional

        24       amendment process, not through setting the

        25       rules of the Senate.



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         1                  And with that, I conclude my

         2       remarks and thank the President for the time.

         3                  ACTING PRESIDENT YOUNG:    Thank

         4       you, Senator Gianaris.

         5                  I see Senator Duane in the chamber.

         6       Senator Duane, I believe you had wished to

         7       speak, and I would ask -- okay, thank you very

         8       much.  We really appreciate it.

         9                  Senator Bonacic.

        10                  Don't take that the wrong way.

        11                  (Laughter.)

        12                  SENATOR BONACIC:    It's been a

        13       long day.  My name was invoked six times in

        14       discussing the amendments of reform.  And I'd

        15       like to for a moment leave aside the

        16       Lieutenant Governor debate.  I think good

        17       points were made on both sides, but it's going

        18       to have to be determined by a court of law.  I

        19       think we have a difference of opinion.

        20                  I did not support the three

        21       amendments.  I supported the spirit of all

        22       three amendments, but there were poison-pill

        23       stuff in each of those amendments that were

        24       not consistent with our rules report back in

        25       April of 2009.



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         1                  Let me first thank Senator Griffo

         2       and all the members of that rules reform

         3       committee, because I think when the nine of us

         4       were at the table -- and I'm not a rules guy.

         5       Don't talk to me about Roberts, don't talk to

         6       me about Mason rules.  I like policy.  But we

         7       got charged with this responsibility.  And the

         8       more we got into this, and the more we had

         9       public hearings and the more we listened to

        10       good government groups and the more we looked

        11       at other states and the more we heard scholars

        12       come in, and legal professors, there is

        13       something to doing good rules.

        14                  And even though in the two years

        15       when you were in the majority you did take

        16       turtle steps -- that you interpret as

        17       monumental, compared to what the majority

        18       Republicans did years before, because they

        19       basically didn't do anything.  And I will say

        20       to you that that blueprint of that report is

        21       the model that we should try to get to, if we

        22       can.

        23                  And why should we try to get there?

        24       We should try to get there because the old

        25       Albany culture does not work.  To the victor



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         1       belongs the spoils.  You see how that Assembly

         2       is run.  I've come from there; many of you

         3       over there have come from that house.  That is

         4       a dictatorship where the leader and staff have

         5       more power than the elected officials.

         6                  And to a great extent here, that

         7       exists, although there are steps taken now to

         8       break that culture.  And it's all healthy.

         9       And why is it healthy?  Because every member

        10       that gets to this seat as a Senator must have

        11       the security of a certain amount of resources

        12       to do his job.  His constituents should not

        13       suffer, his or her constituents should not

        14       suffer if they're in the minority.  They

        15       didn't do anything wrong.

        16                  They should have access to equal

        17       resources, they should have access to equal

        18       member items, and they should have access to

        19       equal capital.  Not the Senator, but the

        20       constituents.  And you should be able to

        21       communicate and have the resources so you can

        22       communicate with each other, the Senator and

        23       the constituents.  Under this system now, that

        24       doesn't happen.

        25                  Our conference did not go far



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         1       enough in following the rules.  In my humble

         2       opinion, they did not.  And I wanted them to.

         3       But there's so much distrust between each side

         4       of the aisle, there's so much partisan

         5       politics, and the stakes are so high with

         6       32-30 and redistricting coming down the road.

         7       So the environment is toxic for people of

         8       goodwill to try to get to that comfort

         9       position that the blueprinters laid out in

        10       that report in April.

        11                  I believe that -- and I liked the

        12       chemistry of those nine members, because they

        13       were sincere, they were new, many of them, and

        14       they said this is a better way.  But when it

        15       got up the flagpole, when you have the

        16       leadership has the power and they have the

        17       money and they have the control, they don't

        18       want to let go of this.  Again, back to the

        19       Albany old culture.

        20                  So all I will say in conclusion is

        21       that it's very difficult when you're in the

        22       majority to move the rules reform to get to

        23       that place of comfort where Senators are

        24       treated equally and constituents are treated

        25       fairly and equally.  The only way that this is



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         1       going to get done -- and this is a long

         2       shot -- is we've got to do it in statute.

         3                  So what I plan on doing is I'm

         4       going to prepare legislation that embodies the

         5       heart of those rules reform, such as a

         6       petition of 32.  Because that's more

         7       democratic.  If 32 of us want a bill to come

         8       to the floor, it should come to the floor and

         9       be voted on.

        10                  I remember when Nettie Mayersohn,

        11       the Assemblywoman, when we were over there in

        12       the Assembly had 108 votes and couldn't get

        13       the bill on the floor.  That's not a

        14       democracy, that's a dictatorship.

        15                  And I do believe that there should

        16       be equal resources.  And we can't -- you know,

        17       and I like my leader, Senator Skelos.  I think

        18       he's respectful.  He's benevolent.  And I

        19       think by his conduct he will try to treat

        20       everybody with respect.  But leaders come and

        21       go, and they could change with more power as

        22       they're in a longer time.

        23                  So it may sound utopian, it may

        24       sound not based in reality.  But what I would

        25       ask each member here, when this legislation



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         1       comes before you, sign the petition so we can

         2       get it on the floor.  We took the best of the

         3       Brennan Institute, we took the best of the

         4       good government groups, we took the best of

         5       other states.  Because process does affect the

         6       quality of the product for the people we

         7       represent.

         8                  So I will say, in conclusion, that

         9       I'm supporting this resolution because -- the

        10       Lieutenant Governor issue, that's not going to

        11       be resolved here tonight, obviously.  But

        12       there are other things worth fighting for.

        13       And as this comes down the road -- now

        14       tomorrow, rules won't even be on the radar

        15       screen.  We'll have economic challenges, we'll

        16       have the Governor's blueprint, and that will

        17       take all our time.  But we will overcome the

        18       challenges of the Governor.

        19                  But every day you have to deal with

        20       the rules, each of us do.  Every day.  That's

        21       worth fighting for.  That never goes away.  So

        22       I say, in conclusion, don't lose it off your

        23       radar screen as we go into session.

        24                  Thank you very much, Madam Speaker.

        25                  ACTING PRESIDENT YOUNG:    Thank



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         1       you, Senator Bonacic.

         2                  Senator DeFrancisco to close.

         3                  SENATOR DeFRANCISCO:    Just -- I

         4       wasn't going to speak on this point, but since

         5       it was just raised by Senator Bonacic, you

         6       know, it's this utopian philosophy of various

         7       policies until you're the individuals who are

         8       in control of the house.

         9                  The Minority is now wanting equal

        10       resources.  If you look at the numbers from

        11       last year, the total final numbers for the

        12       amount spent on the Democrat side of the

        13       aisle, the amount spent on the Republican side

        14       of the aisle, despite their philosophical

        15       desire for equality, 71 percent of the

        16       resources went to the Democrats in this house,

        17       29 percent went to Republicans.  The Democrats

        18       in the house went over their budget by 10 to

        19       14 million; the Republicans went under their

        20       budget by several million.

        21                  So it's one thing talking

        22       philosophy and trying to lecture one side or

        23       the other side.  But if you look at the facts,

        24       what is the real reality behind what's being

        25       argued for and what was really done.



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         1                  But on the Lieutenant Governor

         2       issue, which I think is a very important

         3       issue, there's been some suggestion by Senator

         4       Gianaris that we are somehow interpreting the

         5       Constitution by putting it in the rules.  All

         6       that's being done, if you look at the

         7       Constitution, the phrase from the Constitution

         8       is taken from the Constitution and put in the

         9       rules.  There's no changes.  It's taken from

        10       the Constitution and put in the rules.  No

        11       interpretation of anything.

        12                  And when you indicate that this is

        13       some way doing something wrong, just listen to

        14       the rules here -- the Constitution, I mean.

        15       The Constitution says this.  A majority of

        16       each house shall constitute a quorum,

        17       et cetera.  Each house shall determine the

        18       rules and be judge of elections and

        19       qualifications and shall choose its own

        20       officers.  And the Senate, the Senate shall

        21       choose a Temporary President and the Assembly

        22       choose a Speaker.  The Senate.

        23                  I don't think anybody in here truly

        24       believes that the Lieutenant Governor is a

        25       member of the Senate.  The Lieutenant Governor



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         1       does not run for the Senate.  He runs -- and

         2       he's not even here tonight.  The Lieutenant

         3       Governor is a presiding officer.  That's all

         4       he does.

         5                  So all that's being done is the

         6       Constitution phrase is put right in the rules

         7       to make it very clear that this body,

         8       including Democrats and Republicans, choose

         9       who their leader is going to be, not someone

        10       who ran with the executive and is a member of

        11       the executive branch.

        12                  I'll answer a question as soon as I

        13       get done with this last point.

        14                  There's been a lot of argument

        15       about another section of the Constitution, on

        16       what a casting vote is.  Whatever a casting

        17       vote is -- and you can have one interpretation

        18       from somebody who wrote something in 1902 or

        19       someone from the New York Times or whatever.

        20       The fact of the matter is it's irrelevant

        21       what's meant by a casting vote.  That's a

        22       general concept.  The specific section of the

        23       Constitution says the Senate shall choose.

        24                  So as to the choice of a Temporary

        25       President, it's very clear.  The specific



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         1       clause overrides some possible different

         2       interpretations by pundits and treatise

         3       writers and so forth as to what a casting vote

         4       is.

         5                  Now I'd be happy to answer any

         6       question that Senator Squadron might have.

         7                  SENATOR SQUADRON:    Madam

         8       President, I --

         9                  ACTING PRESIDENT YOUNG:    Senator

        10       Squadron, why do you rise?

        11                  SENATOR SQUADRON:    Will Senator

        12       DeFrancisco yield for a question?  I think he

        13       indicated he would.

        14                  ACTING PRESIDENT YOUNG:    Do you

        15       yield, Senator DeFrancisco?

        16                  SENATOR DeFRANCISCO:    Yes.

        17                  ACTING PRESIDENT YOUNG:    Thank

        18       you.

        19                  SENATOR SQUADRON:    Just two

        20       questions.  The hour is beginning to get late,

        21       and we only have a couple more hours of this,

        22       so just two brief questions.

        23                  First of all, Senator DeFrancisco,

        24       I'm not an attorney.  I believe you are an

        25       attorney.  I believe from time to time you've



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         1       been helpful in helping me interpret laws

         2       before the house.

         3                  In the case that there's a conflict

         4       between the rules of the Senate and the

         5       Constitution of the State of New York, Senator

         6       DeFrancisco, can you just describe for me

         7       which would prevail and carry the weight of

         8       law?

         9                  SENATOR DeFRANCISCO:    Which would

        10       prevail would be the Constitution.  Except

        11       here, as I just mentioned moments ago.  All

        12       these rules are is taking a phrase from the

        13       Constitution and putting it in the rules.  So

        14       they're going to be extremely consistent.

        15       They're going to be identical on that issue.

        16                  SENATOR SQUADRON:    And through

        17       you, Madam President, just a clarification

        18       question to that answer, if Senator

        19       DeFrancisco is willing to yield again.

        20                  SENATOR DeFRANCISCO:    Yes.

        21                  SENATOR SQUADRON:    Again, whether

        22       there is a conflict here or not, in the case

        23       of a conflict, the Constitution certainly

        24       would prevail over the rules of the Senate.

        25                  SENATOR DeFRANCISCO:    Senator



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         1       Squadron, I don't know how I can answer it

         2       more clearly.  This will not be a conflict.

         3       So that esoteric theoretical question that may

         4       be on a law exam is immaterial here.

         5                  The phrase is taken out of the

         6       Constitution and put in the rules.  They are

         7       the same.  There is no conflict.  The words

         8       are identical.

         9                  SENATOR SQUADRON:    Thanks,

        10       Senator DeFrancisco.  If he's willing to yield

        11       to just one final question.

        12                  ACTING PRESIDENT YOUNG:    Senator,

        13       do you yield?

        14                  SENATOR DeFRANCISCO:    Yes.

        15                  ACTING PRESIDENT YOUNG:    Go

        16       ahead, please.

        17                  SENATOR SQUADRON:    Senator

        18       DeFrancisco described a percentage based on

        19       some calculation, I'm not sure what the

        20       calculation was, of the distribution of

        21       resources and somehow suggested that that

        22       impugns this debate overall.

        23                  Just out of curiosity, what does

        24       Senator DeFrancisco think is the appropriate

        25       division of resources between conferences and



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         1       among members so that we can all represent our

         2       constituents?

         3                  SENATOR DeFRANCISCO:    Well, I

         4       certainly don't think that any member should

         5       double the cost of their district office that

         6       was allocated.  That's one thing I think is --

         7       you would agree with that, wouldn't you,

         8       Senator?  Would you agree with me on that?

         9                  SENATOR SQUADRON:    I believe

        10       Senator DeFrancisco is asking me to yield, so

        11       I will yield briefly and answer that question.

        12       Which, as Senator DeFrancisco knows, for

        13       better or worse, the Secretary of the Senate

        14       makes those decisions in this house.

        15                  Also, the question is not about

        16       that but, again, what does Senator DeFrancisco

        17       think would be fair.

        18                  SENATOR DeFRANCISCO:    I'll be

        19       happy to answer that.

        20                  First of all, I think that -- I'm

        21       sorry you were forced to spend twice the

        22       amount of money by the Secretary of the

        23       Senate.  But others went under their budget.

        24                  What I think is fair, I think

        25       what's the fairest way to do it is a base



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         1       amount and then committee chairs have

         2       additional funds that would be available to

         3       the committee chairs.  Because obviously

         4       committee chairs have a heck of a lot more

         5       responsibility than others.  That's the way I

         6       would do it.  Unfortunately -- well, that's

         7       the way I would do it.

         8                  Thank you very much.

         9                  ACTING PRESIDENT YOUNG:    Thank

        10       you.

        11                  SENATOR SQUADRON:    Just for

        12       clarity, I didn't hear a percentage

        13       distribution of resources.  Senator

        14       DeFrancisco clearly is quite good at

        15       calculating percentages of resources --

        16                  ACTING PRESIDENT YOUNG:    Senator

        17       Libous, why do you rise?

        18                  SENATOR LIBOUS:    I believe

        19       Senator DeFrancisco --

        20                  SENATOR DeFRANCISCO:    All I

        21       wanted to say is I answered the question, and

        22       there's nothing else I could add.

        23                  ACTING PRESIDENT YOUNG:    Thank

        24       you, Senator.

        25                  The debate is closed.



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         1                  Senator Duane, you can explain your

         2       vote, please.  Okay?

         3                  SENATOR DUANE:    I think --

         4                  ACTING PRESIDENT YOUNG:    Senator

         5       DeFrancisco was the last speaker.

         6                  SENATOR DUANE:    He did say he was

         7       open to any questions, Madam President.

         8                  ACTING PRESIDENT YOUNG:    Senator,

         9       could you please explain your vote, because we

        10       are way over.  We've been very, very -- giving

        11       a lot of leeway.

        12                  SENATOR LIBOUS:    Madam President,

        13       point of order.

        14                  This is a resolution and we're --

        15       listen.  Madam President, we have gone way

        16       over the time limit because I felt it was

        17       important that everybody be heard.  Way over

        18       the time limit.  No one got up to raise the

        19       fact that one side or the other was speaking

        20       too long.

        21                  Madam President, Senator Duane had

        22       an opportunity to speak before, and he turned

        23       it down.  I will be a gentleman, Madam

        24       President, and let Senator Duane close the

        25       debate on this issue if he would be brief,



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         1       please.

         2                  SENATOR DUANE:    Through you,

         3       Madam President --

         4                  ACTING PRESIDENT YOUNG:    Can you

         5       be brief, Senator?

         6                  SENATOR DUANE:    It was -- I

         7       was -- I'm not really that interested in

         8       closing the debate.  We have someone to do

         9       that.  I will answer my own question -- I will

        10       answer my questions as I assume they would

        11       have been answered by the other side when I

        12       cast my vote.

        13                  ACTING PRESIDENT YOUNG:    Thank

        14       you very much, Senator.

        15                  The debate is closed.

        16                  The question is on the resolution.

        17       All those in favor signify by saying aye.

        18                  (Response of "Aye.")

        19                  ACTING PRESIDENT YOUNG:    Opposed,

        20       nay.

        21                  (Response of "Nay.")

        22                  ACTING PRESIDENT YOUNG:    Senator

        23       Duane, would you like to explain your vote?

        24                  SENATOR DUANE:    Thank you, Madam

        25       President.



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         1                  SENATOR DeFRANCISCO:    Point of

         2       order.

         3                  ACTING PRESIDENT YOUNG:    Senator

         4       DeFrancisco.

         5                  SENATOR DeFRANCISCO:    The rules

         6       that have been adopted -- and even according

         7       to the prior rules -- do not allow explanation

         8       of votes on resolutions.  The rules are clear.

         9       And I would ask for a ruling of the chair.

        10                  SENATOR BRESLIN:    Madam

        11       President, point of order, please.

        12                  ACTING PRESIDENT YOUNG:    Senator

        13       Breslin.

        14                  SENATOR BRESLIN:    Yes, Madam

        15       President.  I refer you to our rules -- that

        16       would be 9.3(e), wherein it talks about that

        17       you are allowed to provide an explanation of

        18       your vote.  Resolutions or motions are

        19       included.

        20                  ACTING PRESIDENT YOUNG:    Senator

        21       DeFrancisco.

        22                  SENATOR DeFRANCISCO:    That

        23       section says the vote shall thereupon be taken

        24       upon such bill, resolution, et cetera, but

        25       without further debate -- without further



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         1       debate -- except that upon a roll call any

         2       Senator may speak, not to exceed two minutes

         3       in explanation.

         4                  That was not a roll call vote, that

         5       was a voice vote.

         6                  SENATOR BRESLIN:    We call for a

         7       roll call vote.

         8                  SENATOR DeFRANCISCO:    We've had

         9       the vote, and the vote has been taken.

        10                  SENATOR LIBOUS:    Madam President,

        11       the vote has been taken.  A role call vote on

        12       a resolution is not in order, is not in the

        13       rules of this house.  And I believe the

        14       resolution was before the house, I believe a

        15       vote was taken and the resolution passed.  Is

        16       that correct, Madam President?

        17                  SEVERAL SENATORS:    No.  No.

        18                  SENATOR BRESLIN:    Madam

        19       President --

        20                  SENATOR LIBOUS:    What do you

        21       mean, no?  I've got all these critics?

        22                  Madam President, I believe half of

        23       the house is out of order right now.

        24                  UNIDENTIFIED SENATOR:    Which

        25       half?



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         1                  SENATOR MAZIARZ:    A little less

         2       than half.

         3                  ACTING PRESIDENT YOUNG:    Senator

         4       Libous, what I'd like to do, if it's okay, is

         5       that I had told Senator Duane that he could

         6       explain his vote.  So I would like to make the

         7       exception this time so that he can briefly

         8       explain his vote, because I told him he could

         9       do it, and then we'll proceed from there.

        10                  SENATOR LIBOUS:    Madam President,

        11       I would allow that with unanimous consent for

        12       this one time only.  Do we have unanimous

        13       consent of the house?  And it would be allowed

        14       for this one time.

        15                  ACTING PRESIDENT YOUNG:    Is there

        16       any objection?

        17                  (No response.)

        18                  SENATOR LIBOUS:    There appears to

        19       have unanimous consent, Madam President, to

        20       let Mr. Duane speak.

        21                  ACTING PRESIDENT YOUNG:    Senator

        22       Duane, you have two minutes to explain your

        23       vote.

        24                  SENATOR DUANE:    Thank you, Madam

        25       President.



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         1                  Sadly, it has become clear to me

         2       that there really are no really shining

         3       examples of either what happened over the past

         4       two years or what is happening now.  And my

         5       hope is, my desire is, my wish and my belief

         6       of what we should do is to make rules that

         7       going forward in this house will provide for

         8       fairness, transparency, and equality, and not

         9       make rules based on the bad behavior of some

        10       members over the past few years.

        11                  So with that, Madam President, I'm

        12       going to vote no, but with the fervent desire

        13       that we can take members at their word that

        14       they actually are going to do more to improve

        15       our rules.  The people of New York State

        16       deserve no less.

        17                  Thank you, Madam President.

        18                  SENATOR LIBOUS:    Announce the

        19       results.

        20                  ACTING PRESIDENT YOUNG:    Thank

        21       you, Senator Duane.

        22                  Senator Breslin.

        23                  SENATOR BRESLIN:    I'd request a

        24       show of hands, if I could, please.

        25                  ACTING PRESIDENT YOUNG:    Very



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         1       good.  The question is on the resolution.

         2       Those in favor signify by raising their hands.

         3                  (Senators raised their hands.)

         4                  SENATOR BRESLIN:    As before,

         5       Madam President, I would request that we have

         6       the names of those voting in the affirmative.

         7                  ACTING PRESIDENT YOUNG:    The

         8       Secretary will announce the results.

         9                  THE SECRETARY:    In relation to

        10       Resolution Number 338:  Ayes, 36.  Nays, 24.

        11                  Those recorded in the affirmative

        12       on Resolution Number 338 are Senators Alesi,

        13       Ball, Bonacic, DeFrancisco, Farley, Flanagan,

        14       Fuschillo, Gallivan, Golden, Griffo, Grisanti,

        15       Hannon, Johnson, Lanza, Larkin, LaValle,

        16       Libous, Little, Marcellino, Martins, Maziarz,

        17       McDonald, Nozzolio, O'Mara, Ranzenhofer,

        18       Ritchie, Robach, Saland, Seward, Skelos,

        19       Young, Zeldin, Carlucci, Klein, Savino and

        20       Valesky.

        21                  ACTING PRESIDENT YOUNG:    The

        22       resolution is adopted.

        23                  Senator Libous.

        24                  SENATOR LIBOUS:    Madam President,

        25       is there any other business before the house?



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         1                  I didn't say we adjourned yet.  Is

         2       there any other business before the house?

         3       Madam President?

         4                  ACTING PRESIDENT YOUNG:    There is

         5       no other business.

         6                  SENATOR LIBOUS:    Madam President,

         7       I hand up the following committee assignment

         8       from Senator Skelos and ask that it be filed

         9       in the Journal.

        10                  And, Madam President, there being

        11       no further business, the Senate will stand

        12       adjourned -- could I have some order in the

        13       house?

        14                  ACTING PRESIDENT YOUNG:

        15       (Gaveling).

        16                  SENATOR LIBOUS:    The Senate will

        17       stand adjourned until noon tomorrow.

        18                  ACTING PRESIDENT YOUNG:    So

        19       ordered, Senator Libous.

        20                  On motion, the Senate stands

        21       adjourned until Tuesday, February 1st, at

        22       12:00 o'clock noon.

        23                  (Whereupon, at 8:20 p.m., the

        24       Senate adjourned.)

        25



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