Regular Session - March 9, 2011

                                                            1196



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     March 9, 2011

        11                       3:13 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR JOHN J. FLANAGAN, Acting 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                  ACTING PRESIDENT FLANAGAN:    The

         3       Senate will come to order.

         4                  I ask that everyone present please

         5       rise and repeat the Pledge of Allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  ACTING PRESIDENT FLANAGAN:    In

         9       the absence of clergy, I would respectfully

        10       ask that everyone bow their heads in a moment

        11       of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT FLANAGAN:

        15       Reading of the Journal.

        16                  THE SECRETARY:    In Senate,

        17       Tuesday, March 8, the Senate met pursuant to

        18       adjournment.  The Journal of Monday, March 7,

        19       was read and approved.  On motion, Senate

        20       adjourned.

        21                  ACTING PRESIDENT FLANAGAN:

        22       Without objection, the Journal stands approved

        23       as read.

        24                  Presentation of petitions.

        25                  Messages from the Assembly.



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         1                  Messages from the Governor.

         2                  Reports of standing committees.

         3                  Reports of select committees.

         4                  Communications and reports from

         5       state officers.

         6                  Motions and resolutions.

         7                  Senator Libous.

         8                  SENATOR LIBOUS:    Mr. President,

         9       Senator Rivera has a privileged resolution at

        10       the desk.  He would ask that we read it in its

        11       entirety and then call on him before its

        12       adoption, please.

        13                  ACTING PRESIDENT FLANAGAN:    The

        14       Secretary will read.

        15                  Excuse me.  Before the Secretary

        16       reads, can we just have some quiet for Senator

        17       Rivera's resolution.

        18                  The Secretary will read.

        19                  THE SECRETARY:    Legislative

        20       Resolution Number 676, by Senator Rivera,

        21       honoring Dr. Frances Fox Piven upon the

        22       occasion of the 40th anniversary of the

        23       publication of Regulating the Poor:  The 

        24       Functions of Public Welfare.

        25                  "WHEREAS, It is the sense of this



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         1       Legislative Body that individuals who

         2       distinguish themselves in their profession and

         3       who have dedicated their lives to improving

         4       the lives of others merit the highest

         5       commendation; and

         6                  "WHEREAS, Attendant to such

         7       concern, and fully in accord with its

         8       long-standing traditions, this Legislative

         9       Body is justly proud to pay tribute to

        10       Dr. Frances Fox Piven, distinguished professor

        11       of political science and sociology at the CUNY

        12       Graduate Center, upon the occasion of the 40th

        13       anniversary of the publication of the

        14       Regulating the Poor:  The Functions of Public 

        15       Welfare, her groundbreaking book on social

        16       policy in the United States; and

        17                  "WHEREAS, Regulating the Poor:  The 

        18       Functions of Public Welfare remains a

        19       pioneering social analysis of the Great

        20       Depression and the social upheaval of the

        21       1960s, co-authored by Dr. Piven with her late

        22       husband Richard Cloward; and

        23                  "WHEREAS, Dr. Piven has dedicated

        24       her life to making sure all Americans have

        25       work, food on the table, and above all a voice



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         1       in our democracy.  Over the past half-century,

         2       she has written more than 10 books and

         3       countless articles exploring the causes of

         4       poverty in the United States, the government's

         5       role in alleviating economic suffering, and

         6       the power of working people to join together

         7       to gain a voice in the corridors of power; and

         8                  "WHEREAS, She has put her

         9       principles into action, as well as leading

        10       efforts to expand voting rights, access to the

        11       social safety net, and the ability of all

        12       Americans to make their voices heard; and

        13                  "WHEREAS, Putting her ideas into

        14       practice, Dr. Piven and her husband, Richard

        15       Cloward, worked to fight for greater access to

        16       services for the poor.  Her efforts were

        17       instrumental in enabling needy people to

        18       receive federal aid; and

        19                  "WHEREAS, In the 1980s, Dr. Piven

        20       was a leader in the movement to expand access

        21       to the ballot box to traditionally

        22       disenfranchised groups, including the poor,

        23       African-Americans, and immigrants.  Her

        24       movement was a driving force behind the

        25       passage of the National Voter Registration Act



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         1       of 1993, also known as the 'Motor Voter Act,'

         2       which requires all social services agencies,

         3       including public assistance and disability

         4       centers, as well as Departments of Motor

         5       Vehicles, to offer voter registration forms to

         6       the public; and

         7                  "WHEREAS, When President Bill

         8       Clinton signed the bill into law at a White

         9       House ceremony in 1993, Dr. Piven spoke and

        10       was honored to receive one of the pens the

        11       President used to sign the bill as a testament

        12       to her key role in the law's passage.  Her

        13       work expanding access to the ballot box also

        14       earned her a National Association of

        15       Secretaries of State's Annual Award in 1994;

        16       and

        17                  "WHEREAS, Since 1982, Dr. Piven has

        18       taught in the Political Science and Sociology

        19       Departments at the City University of New York

        20       Graduate Center, and for the past 45 years she

        21       has served as a mentor to countless

        22       New Yorkers who have taken their place as

        23       productive educators and scholars in the great

        24       State of New York; and

        25                  "WHEREAS, In keeping with its



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         1       time-honored traditions, this Legislative Body

         2       is proud to honor individuals, such as

         3       Dr. Frances Fox Piven, who distinguish

         4       themselves in their chosen field of endeavor,

         5       dedicating themselves to its enhancement and

         6       leading it in new directions; now, therefore,

         7       be it

         8                  "RESOLVED, That this Legislative

         9       Body pause in its deliberations to honor

        10       Dr. Frances Fox Piven upon the occasion of the

        11       40th anniversary of the publication of her

        12       important work Regulating the Poor:  The 

        13       Functions of Public Welfare; and it be further

        14                  "RESOLVED, That a copy of this

        15       resolution, suitably engrossed, be transmitted

        16       to Dr. Frances Fox Piven."

        17                  ACTING PRESIDENT FLANAGAN:

        18       Senator Rivera on the resolution.

        19                  SENATOR RIVERA:    Thank you,

        20       Mr. President.

        21                  I rise today to kind of tell you a

        22       little story about myself.  There's many

        23       people in this room that might know this, but

        24       not everyone does.  When I originally came

        25       from Puerto Rico in 1998, I came to study



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         1       political science in a Ph.D. program in the

         2       CUNY Graduate Center.  And I came as somebody

         3       who was very interested in political science,

         4       but somebody who didn't know a lot about

         5       politics and about political change.

         6                  One of the first classes that I

         7       took was with Dr. Frances Fox Piven, who's

         8       with us here today.  And during that class

         9       what Dr. Piven taught me, the discussions that

        10       we had in that class kind of taught me about

        11       American politics and change in American

        12       politics.

        13                  I learned to appreciate the fact

        14       that this country and the social movements

        15       that have existed in the history of this

        16       country have driven positive change.  I

        17       learned about collective action, what people

        18       together can achieve.

        19                  As I tell my students all the time,

        20       since I've actually gone on to teach college

        21       myself -- not in the same quality that

        22       Dr. Piven does, but certainly trying my

        23       best -- and I tell my students that when they

        24       have an issue and they want to discuss it with

        25       an elected official, they can go and say,



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         1       "Hey, I have this very important issue that I

         2       need you to address," and a couple of

         3       different things can happen if they go by

         4       themselves.

         5                  They can have an elected official

         6       on the other side of the table who really

         7       cares about their issue and is going to

         8       respond immediately.  They can have somebody

         9       on the other side of the table who doesn't

        10       really want to respond to their issue and

        11       tells their staff never to let that person in

        12       the room again.  Or you can have another

        13       elected official who does care but might want

        14       to put that off because it's not that

        15       important.

        16                  But if that person comes with

        17       100 people, that elected official on the other

        18       side of the table has to listen, has to pay

        19       attention.  That is the power of collective

        20       action.

        21                  And her work has taught me that if

        22       you look at the history of this country, it is

        23       collective action, it is people together,

        24       fighting for their rights and for better

        25       conditions, that make it better for all of us.



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         1       Whether it's the abolitionist movements, the

         2       women's rights movements, the civil rights

         3       movements, the workers' rights movements --

         4       and we can even include in that list the

         5       right-to-life movement or the Tea Party

         6       movement -- even if you disagree with their

         7       political affiliations, you cannot ignore the

         8       fact that in American democracy it is

         9       collective action, it is people working

        10       together that actually can achieve things.

        11                  So Dr. Piven, as accomplished as

        12       she is as a scholar, she is a better mentor to

        13       her students.  My policy director,

        14       Dr. Christopher Malone, who affectionately

        15       refers to her as Frances, always, always

        16       refers to her as his mentor and the reason why

        17       he is doing what he is doing today.

        18                  And I daresay were it not for that

        19       class that I took the first semester when I

        20       got off that plane in cold New York, I would

        21       not be standing here with you today.

        22                  So I am honored today to sponsor

        23       this resolution which recognizes a great

        24       teacher, a great scholar, and a great

        25       American, Dr. Frances Fox Piven, who joins us



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         1       here today.

         2                  Thank you, Mr. President.

         3                  ACTING PRESIDENT FLANAGAN:    Thank

         4       you, Senator Rivera.

         5                  Dr. Piven, it's a pleasure to see

         6       you here today.  Welcome to the New York State

         7       Senate.  Yesterday, had you been here, you

         8       could have seen democracy in action, probably

         9       in a way that you could have written another

        10       book about.

        11                  But we welcome you here today

        12       nonetheless and -- I'm sorry, Senator Krueger

        13       on the resolution.

        14                  SENATOR LIZ KRUEGER:    Thank you

        15       very much.  Thank you, Mr. President.

        16                  I also am very proud to stand here

        17       to say thank you, Senator Rivera, for putting

        18       forth this very important resolution, and how

        19       delighted I am to see Frances Piven here with

        20       us today.

        21                  I also went to a graduate school --

        22       earlier than you, I'm older -- in a different

        23       city, in Chicago.  I went to Public Policy

        24       School at the University of Chicago.  And one

        25       of the most important books I read when I was



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         1       in graduate school was the book by Cloward and

         2       Piven.

         3                  And then when, years later, I came

         4       to New York City to work on antipoverty

         5       programs, I had the opportunity to meet them

         6       both in person and to work with them around

         7       the motor voter issue and the importance of

         8       making sure everyone had access to register to

         9       vote, everyone had access, needed access to

        10       participate in democracy by voting, regardless

        11       of their income, regardless of where they

        12       lived or who they were.

        13                  And so both as a symbol of academic

        14       freedom in our time and the importance of it,

        15       and a national and international symbol of

        16       speaking out and educating others about the

        17       role we all play in democracy, I am delighted

        18       that Senator Rivera has brought Dr. Piven here

        19       to us today.  And I hope that everybody will

        20       take an opportunity to do a little research

        21       into the amazing work that she has done for

        22       students and people throughout the world for

        23       many, many years.

        24                  Thank you very much, Dr. Piven, for

        25       all your work.



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         1                  Thank you, Senator Rivera.

         2                  Thank you, Mr. President.

         3                  ACTING PRESIDENT FLANAGAN:    Thank

         4       you, Senator Krueger.

         5                  Senator Perkins on the resolution.

         6                  SENATOR PERKINS:    Thank you very

         7       much.  I'll just be brief.

         8                  I want to first thank my colleague

         9       for the resolution and for the opportunity to

        10       meet Dr. Piven.  I am probably amongst many

        11       others like yourself who have had the

        12       privilege of being influenced by her work,

        13       especially in undergraduate school and

        14       especially as it relates to the poor.

        15                  And to many of us who are from poor

        16       families, poor communities, who are dedicated

        17       to trying to empower them and to move them

        18       along, your work has been very, very important

        19       in terms of an appreciation of how that can be

        20       done and what has been wrong with the system

        21       that we've been living through for so long.

        22                  So I thank you so much for your

        23       work, thank you for providing us with the

        24       opportunity to recognize her and to meet her,

        25       and I hope that we get a chance to see more of



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         1       your work as time goes on.

         2                  Thank you so much.

         3                  ACTING PRESIDENT FLANAGAN:    Thank

         4       you, Senator Perkins.

         5                  Is there any other Senator wishing

         6       to be heard on the resolution?

         7                  Hearing none, the question is on

         8       the resolution.  All those in favor signify by

         9       saying aye.

        10                  (Response of "Aye.")

        11                  ACTING PRESIDENT FLANAGAN:

        12       Opposed, nay.

        13                  (No response.)

        14                  ACTING PRESIDENT FLANAGAN:    The

        15       resolution is adopted.

        16                  Senator Libous.

        17                  SENATOR LIBOUS:    Thank you,

        18       Mr. President.

        19                  There's a privileged resolution at

        20       the desk by Senator Lanza.  May we please have

        21       the title read and move for its immediate

        22       adoption.

        23                  ACTING PRESIDENT FLANAGAN:    The

        24       Secretary will read.

        25                  THE SECRETARY:    Legislative



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         1       Resolution Number 782, by Senator Lanza,

         2       commemorating the Staten Island Advance upon

         3       the occasion of celebrating its 125th

         4       anniversary.

         5                  ACTING PRESIDENT FLANAGAN:    The

         6       question is on the resolution.  All those in

         7       favor signify by saying aye.

         8                  (Response of "Aye.")

         9                  ACTING PRESIDENT FLANAGAN:

        10       Opposed, nay.

        11                  (No response.)

        12                  ACTING PRESIDENT FLANAGAN:    The

        13       resolution is adopted.

        14                  Senator Libous.

        15                  SENATOR LIBOUS:    At this time,

        16       Mr. President, I believe we can take up the

        17       reading of the noncontroversial calendar.

        18                  ACTING PRESIDENT FLANAGAN:    The

        19       Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       105, by Senator Gallivan, Senate Print 2385,

        22       an act to amend the Environmental Conservation

        23       Law.

        24                  ACTING PRESIDENT FLANAGAN:    Read

        25       the last section.



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         1                  THE SECRETARY:    Section 3.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT FLANAGAN:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 54.  Nays,

         7       2.  Senator Duane and Senator Serrano in the

         8       negative.

         9                  ACTING PRESIDENT FLANAGAN:    The

        10       bill is passed.

        11                  Senator Libous.

        12                  SENATOR LIBOUS:    Mr. President, I

        13       believe that was Senator Gallivan's first

        14       bill.

        15                  Congratulations, Senator.

        16                  ACTING PRESIDENT FLANAGAN:

        17       Senator Gallivan, congratulations.

        18                  (Applause.)

        19                  ACTING PRESIDENT FLANAGAN:    The

        20       Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       148, by Senator Ranzenhofer, Senate Print

        23       2682, an act to repeal Section 2975-a of the

        24       Public Authorities Law.

        25                  ACTING PRESIDENT FLANAGAN:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 3.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT FLANAGAN:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT FLANAGAN:

         8       Senator Valesky, why do you rise?

         9                  SENATOR VALESKY:    Mr. President,

        10       just to explain my vote.

        11                  ACTING PRESIDENT FLANAGAN:    To

        12       explain your vote.

        13                  SENATOR VALESKY:    I want to thank

        14       Senator Ranzenhofer for bringing this measure

        15       to the floor today.

        16                  I sponsor similar legislation in

        17       the Senate, Senate Bill 1910.  Both bills do

        18       essentially the same thing, which is to

        19       correct a measure that was included in the

        20       state budget from a few years ago that is very

        21       much anti-economic development and would

        22       repeal what has become known as the IDA tax.

        23                  So again, I want to thank you,

        24       Senator Ranzenhofer, for your leadership on

        25       this issue and hope that the Assembly will



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         1       follow suit.

         2                  I vote in the affirmative.

         3                  ACTING PRESIDENT FLANAGAN:    Thank

         4       you, Senator Valesky.

         5                  Announce the results.

         6                  THE SECRETARY:    Ayes, 58.  Nays,

         7       1.  Senator Duane in the negative.

         8                  ACTING PRESIDENT FLANAGAN:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       158, by Senator Carlucci, Senate Print 2404,

        12       an act to authorize the Town of Orangetown,

        13       County of Rockland, to discontinue the use of

        14       certain town lands.

        15                  ACTING PRESIDENT FLANAGAN:    A

        16       home-rule message is at the desk.

        17                  Read the last section.

        18                  THE SECRETARY:    Section 5.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT FLANAGAN:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT FLANAGAN:

        24       Senator Carlucci, to explain his vote.

        25                  SENATOR CARLUCCI:    Thank you,



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         1       Mr. President.

         2                  This legislation is a win/win

         3       situation for the residents of the Town of

         4       Orangetown, for the local businesses, for the

         5       local utility company.  It's a great example

         6       of how a public/private partnership can foster

         7       economic development and job growth in

         8       New York.

         9                  So I'll be voting in the

        10       affirmative on this legislation.  Thank you.

        11                  ACTING PRESIDENT FLANAGAN:

        12       Announce the results.

        13                  THE SECRETARY:    Ayes, 59.

        14                  ACTING PRESIDENT FLANAGAN:    The

        15       bill is passed.

        16                  Senator Libous.

        17                  SENATOR LIBOUS:    Mr. President, I

        18       believe that was Senator Carlucci's first

        19       bill.

        20                  (Applause.)

        21                  SENATOR LIBOUS:    And,

        22       Mr. President, it wasn't Senator Ranzenhofer's

        23       first bill, but it may be his last.

        24                  (Laughter.)

        25                  SENATOR LIBOUS:    Mr. President,



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         1       is there any further business at the desk?

         2                  ACTING PRESIDENT FLANAGAN:

         3       Senator Libous, there is none.

         4                  SENATOR LIBOUS:    There being no

         5       further business at the desk, I move we

         6       adjourn until Thursday, March 10th, at

         7       11:00 a.m.

         8                  ACTING PRESIDENT FLANAGAN:    On

         9       motion, the Senate stands adjourned until

        10       Thursday, March 10th, at 11:00 a.m.

        11                  (Whereupon, at 3:31 p.m., the

        12       Senate adjourned.)

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