Regular Session - January 4, 2012

                                                                   1

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 4, 2012

11                     12:38 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.  

 4                I ask everyone again to please 

 5   rise and repeat the Pledge of Allegiance with 

 6   me.

 7                (Whereupon, the assemblage 

 8   recited the Pledge of Allegiance to the 

 9   Flag.)

10                THE PRESIDENT:   We are joined 

11   today by His Eminence Archbishop Demetrios of 

12   America, Primate of the Greek Orthodox Church 

13   in America.  And His Eminence will give our 

14   invocation.

15                Your Eminence.

16                ARCHBISHOP DEMETRIOS:   

17   Honorable Lieutenant Governor, distinguished 

18   Senators of this very beautiful Senate, 

19   ladies and gentlemen.  Good afternoon and 

20   Happy and Blessed New Year.  It's a great 

21   honor and a great pleasure to be with you 

22   today.  

23                And so now let's bow our heads 

24   to the Lord in prayer.

25                Almighty God, creator and 

                                                               3

 1   sustainer of the universe, Lord of life and 

 2   giver of every good and perfect gift, we give 

 3   thanks unto You for this new year, a year 

 4   crowned with mercy and peace.  

 5                We open our hearts in gratitude 

 6   for the privilege of being citizens of this 

 7   great nation and for enjoying the benefits of 

 8   living in the Empire State of New York, where 

 9   natural beauty, rich resources, vital and 

10   diverse neighborhoods, dedicated leaders and 

11   a stable government bestow abundant blessings 

12   on all.

13                Lord, as You are the source of 

14   all wisdom and insight, we ask You to grant 

15   our noble Senators an extraordinary measure 

16   of these virtues, so that with foresight, 

17   sensitivity, and creativity they may perform 

18   their duties in these times of tremendous 

19   challenges and opportunities.  

20                Grant them hearts of compassion 

21   for the needy, enlighten their minds with the 

22   virtues of tolerance, respect, and passion 

23   for justice.  

24                Throughout their deliberations 

25   in this 2012 session, grant unto them and to 

                                                               4

 1   those who work with them health, peace, and 

 2   safety in all their ways.

 3                Keep them ever mindful of the high 

 4   honor and responsibility that rests upon them as 

 5   representatives of the people of our state and as 

 6   bearers of the lawful authority that comes only 

 7   from You, O God.

 8                Be our guide, our helper, our 

 9   comfort and our leader as we call upon You 

10   through the year ahead, for Yours is to show us 

11   great mercy and to bless us abundantly, and to 

12   You we give glory now and forever, unto the ages 

13   of ages.  

14                Amen.

15                THE PRESIDENT:   Thank you, 

16   Your Eminence.

17                The Secretary will now call the roll 

18   to ascertain a quorum.

19                THE SECRETARY:   Senator Adams.

20                SENATOR ADAMS:   Aye.

21                THE SECRETARY:   Senator Addabbo.

22                SENATOR ADDABBO:   Here.

23                THE SECRETARY:   Senator Alesi.

24                SENATOR ALESI:   Here.

25                THE SECRETARY:   Senator Avella.

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 1                SENATOR AVELLA:   Here.

 2                THE SECRETARY:   Senator Ball.

 3                SENATOR BALL:   Here.

 4                THE SECRETARY:   Senator Bonacic.

 5                SENATOR BONACIC:   Here.

 6                THE SECRETARY:   Senator Breslin.

 7                SENATOR BRESLIN:   Here.

 8                THE SECRETARY:   Senator Carlucci.

 9                SENATOR CARLUCCI:   Here.

10                THE SECRETARY:   Senator 

11   DeFrancisco.

12                SENATOR DeFRANCISCO:   Here.

13                THE SECRETARY:   Senator Diaz.

14                (No response.)

15                THE SECRETARY:   Senator Dilan.

16                SENATOR DILAN:   Here.

17                THE SECRETARY:   Senator Duane.

18                SENATOR DUANE:   Here.

19                THE SECRETARY:   Senator Espaillat.

20                SENATOR ESPAILLAT:   Here.

21                THE SECRETARY:   Senator Farley.

22                SENATOR FARLEY:   Here.

23                THE SECRETARY:   Senator Flanagan.

24                SENATOR FLANAGAN:   Here.

25                THE SECRETARY:   Senator Fuschillo.

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 1                SENATOR FUSCHILLO:   Here.

 2                THE SECRETARY:   Senator Gallivan.

 3                SENATOR GALLIVAN:   Here.

 4                THE SECRETARY:   Senator Gianaris.

 5                SENATOR GIANARIS:   Here.

 6                THE SECRETARY:   Senator Golden.

 7                SENATOR GOLDEN:   Here.

 8                THE SECRETARY:   Senator Griffo.

 9                SENATOR GRIFFO:   Here.

10                THE SECRETARY:   Senator Grisanti.

11                SENATOR GRISANTI:   Here.

12                THE SECRETARY:   Senator Hannon.

13                (No response.)

14                THE SECRETARY:   Senator 

15   Hassell-Thompson.

16                SENATOR HASSELL-THOMPSON:   Here.

17                THE SECRETARY:   Senator Huntley.

18                SENATOR HUNTLEY:   Here.

19                THE SECRETARY:   Senator Johnson.

20                SENATOR JOHNSON:   Here.

21                THE SECRETARY:   Senator Kennedy.

22                SENATOR KENNEDY:   Here.

23                THE SECRETARY:   Senator Klein.

24                SENATOR KLEIN:   Here.

25                THE SECRETARY:   Senator Krueger.

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 1                SENATOR KRUEGER:   Here.

 2                THE SECRETARY:   Senator Lanza.

 3                SENATOR LANZA:   Here.

 4                THE SECRETARY:   Senator Larkin.

 5                SENATOR LARKIN:   Here.

 6                THE SECRETARY:   Senator LaValle.

 7                SENATOR LaVALLE:   Here.

 8                THE SECRETARY:   Senator Libous.

 9                SENATOR LIBOUS:   Happy to be here.

10                THE SECRETARY:   Senator Little.

11                SENATOR LITTLE:   Here.

12                THE SECRETARY:   Senator Marcellino.

13                SENATOR MARCELLINO:   Happy New 

14   Year.

15                THE PRESIDENT:   Senator Skelos, a 

16   quorum is present.

17                Next, presentation of petitions.

18                Any messages from the Assembly.

19                Messages from the Governor.

20                The Secretary will read.

21                THE SECRETARY:   A message from the 

22   Governor was received and read in the words 

23   following:  

24                "Dear Majority Leader Skelos:  

25                "I would appreciate the privilege of 

                                                               8

 1   the presence of all the members of the New York 

 2   State Senate at the Empire State Plaza Convention 

 3   Center on January 4, 2012 at 1:30 p.m. 

 4                "Very truly yours, Andrew M. Cuomo."

 5                THE PRESIDENT:   To be filed in the 

 6   Journal.  

 7                If I could start, Senator Skelos, I 

 8   just want to -- on behalf of Governor Cuomo, I 

 9   want to thank this body.  I want to thank you, 

10   sir, for your leadership, Senator Libous, Senator 

11   Sampson, on the Democratic Conference, Senator 

12   Breslin, and this entire body for your support 

13   and leadership and work in the past year.  It has 

14   been an honor and a privilege to be up here being 

15   part of this body.  

16                And last year when I made my opening 

17   comments I talked about the sheer beauty of this 

18   chamber.  And the work that you have done has 

19   matched that beauty in the last year.  

20                You have made this state proud.  You 

21   have served the people of this state.  There has 

22   been tremendous work that was done, led by the 

23   great Governor of our state, but also with the 

24   support of this body and the Assembly, and it's 

25   made us very, very proud.  

                                                               9

 1                So I want to wish you all a very 

 2   Happy New Year, welcome you back.  And again, it 

 3   is an honor.  And hopefully we'll even surpass 

 4   last year's expectations this year.

 5                Senator Skelos.

 6                SENATOR SKELOS:   Thank you, 

 7   Mr. President.  

 8                If you would recognize Senator 

 9   Sampson.

10                THE PRESIDENT:   Senator Sampson.

11                SENATOR SAMPSON:   Thank you very 

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

13   Senator Skelos.  

14                And I want to give a special welcome 

15   to His Eminence Archbishop Demetrios of the Greek 

16   Orthodox Church.  Thank you very much for that 

17   prayer.  And I'm glad, with the help of 

18   Governor Cuomo, we were able to ensure that 

19   St. Nicholas Church will be rebuilt at 

20   Ground Zero.  

21                I don't think anyone in this room 

22   will disagree, but by working together we 

23   accomplished some amazing things last year.  

24   Under the leadership of Governor Cuomo, Senate 

25   Democrats had one of the most productive and 

                                                               10

 1   progressive legislative years in modern history.  

 2                We passed marriage equality, created 

 3   a fairer tax code for the State of New York, 

 4   strengthened ethics laws, secured affordable 

 5   housing for millions of New Yorkers, and 

 6   established a new economic recovery plan that 

 7   will create jobs.  And we also reduced 

 8   unemployment in our most vulnerable communities.  

 9                We made it clear that government's 

10   top priorities must be about helping our 

11   citizens, not political posturing, empty 

12   rhetoric, and/or broken promises.  Government 

13   works best when we listen to all the people, not 

14   just the 1 percent.

15                But as we sit here today at the 

16   start of another legislative session, we must 

17   remember that our work is far from over.  We 

18   still face an approximately $2 billion budget 

19   deficit that must be dealt with in a fair and 

20   equitable manner.  Millions of New Yorkers feel 

21   the pain of being ignored and disenfranchised.  

22   Too many of our residents are struggling to just 

23   get by.  

24                It used to be simple:  If you played 

25   by the rules and you worked hard, you could 

                                                               11

 1   provide for your family.  New York was a place 

 2   where people came to get a better life.  If you 

 3   can make it in New York, you can make it 

 4   anywhere.

 5                I think everyone in this room 

 6   believes that we've changed Albany for the 

 7   better.  

 8                Senator Skelos and my colleagues, 

 9   the Democrats in this chamber stand ready to 

10   assist you in all endeavors.  We will support you 

11   when we agree; we will challenge you when we 

12   disagree.  As John F. Kennedy once said, "Let us 

13   not despair, but act.  Let us not seek the 

14   Republican answer or the Democratic answer.  Let 

15   us not seek to fix the blame for the past.  Let 

16   us accept our own responsibility for the future."

17                During this legislative session we 

18   must, one, keep our pledge on redistricting, 

19   protect our families from crime, protect the 

20   rights of women, pass the Reproductive Health 

21   Act, protect the water we drink and the air we 

22   breathe, increase access to higher education, 

23   recognize the importance of our immigrant 

24   community, enact the President's healthcare 

25   exchange, and continue something that we started 

                                                               12

 1   last year, continue job creation but with a 

 2   concentration -- and I repeat -- a concentration 

 3   on women in the workforce.

 4                I look forward to working with all 

 5   of you in ensuring that this legislative agenda 

 6   is passed this year.  

 7                And finally, I want to take this 

 8   time to recognize and thank the staffs for doing 

 9   a phenomenal job on both sides of the aisle.  We 

10   salute you, we respect you, and we want to thank 

11   you for enduring what we had to do last year.  

12                And to all of my colleagues, we look 

13   forward to having a very productive legislative 

14   session.  Congratulations and Happy New Year.  

15                Thank you very much.

16                THE PRESIDENT:   Thank you, 

17   Senator.  

18                Senator Skelos.

19                SENATOR SKELOS:   Thank you very 

20   much, Mr. President.  

21                Let me start off by welcoming 

22   His Eminence here.  Not only is he the spiritual 

23   leader of my church in this great country, he's 

24   also a spiritual leader of people of all faiths.  

25                So we welcome you, Your Eminence, to 

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 1   our chamber.

 2                (Applause.)

 3                SENATOR SKELOS:   Lieutenant 

 4   Governor Duffy, it's an honor to have you 

 5   presiding once again this year.  And let me 

 6   assure you that it will be another bipartisan and 

 7   productive session.  

 8                And Senator Sampson and all of my 

 9   colleagues, welcome to the 2012 legislative 

10   session.  

11                Last year we made the Senate 

12   functional again.  And I think that was 

13   critically important in restoring the faith of 

14   the people of this state in this legislative body 

15   and in Albany.  We closed a $10 billion deficit 

16   through difficult but real spending cuts.  We 

17   provided tax relief to millions of New Yorkers.  

18   We enacted a property tax cap.  And we eliminated 

19   the job-killing MTA payroll tax for tens of 

20   thousands of businesses and for all of our 

21   schools, both public and private.  We passed 

22   New York-SUNY 2020, reduced taxes on upstate 

23   manufacturers, and laid the groundwork for the 

24   creation of thousands of new jobs.  

25                Many of these accomplishments were 

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 1   long-held Senate Republican priorities passed and 

 2   signed into law because we finally had a partner 

 3   in Governor Cuomo.  

 4                While our accomplishments were many, 

 5   our conflicts were few.  Unlike what we're seeing 

 6   in Washington, we reached across the aisle to 

 7   find common ground.  We listened and we led.  And 

 8   we achieved real results.

 9                Despite our successes, New York 

10   still faces many challenges.  Government must 

11   work smarter and better, and we must continue to 

12   spend less.  It's time to enact mandate relief 

13   and pension reform to ease the burden on local 

14   taxpayers.  And we must help the private sector 

15   create jobs so we can get this economy moving 

16   again.  Creating jobs has to be Job Number One 

17   for this Legislature and this Governor.  

18                My colleagues, let's keep our good 

19   beginning going.  If we continue to work together 

20   in a bipartisan manner, we can accomplish 

21   anything and we can make this session even more 

22   productive than the last one.  

23                Thank you very much, Mr. President

24                THE PRESIDENT:   Thank you, Senator.

25                (Applause.)

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 1                THE PRESIDENT:   We'll now return to 

 2   the order of business.  

 3                First, reports of standing 

 4   committees.  

 5                Reports of select committees.  

 6                Communications and reports from 

 7   state officers.

 8                Motions and resolutions.

 9                Senator Skelos.

10                SENATOR SKELOS:   Mr. President, I 

11   believe there's a resolution at the desk.  I 

12   request that it be read and move for its 

13   immediate adoption.

14                THE PRESIDENT:   The Secretary will 

15   read.

16                THE SECRETARY:   By Senator Skelos, 

17   Senate Resolution resolved that the Temporary 

18   President appoint a committee of two to inform 

19   the Governor that the Senate is organized and 

20   ready to proceed with business.  

21                "RESOLVED, That the Temporary 

22   President appoint a committee of two, comprised 

23   of Senator Gallivan and Senator Espaillat, for 

24   the purpose of informing the Governor that the 

25   Senate is organized and ready to proceed with 

                                                               16

 1   business."

 2                THE PRESIDENT:   The question is on 

 3   the resolution.  All in favor signify by saying 

 4   aye.

 5                (Response of "Aye.")

 6                THE PRESIDENT:   Opposed, nay.

 7                (No response.)  

 8                THE PRESIDENT:   The resolution is 

 9   adopted.

10                Senator Skelos appoints Senators 

11   Gallivan and Espaillat to inform the Governor 

12   that the Senate is organized and ready to proceed 

13   and to receive the Governor's message in the 

14   Empire State Plaza Convention Center at 1:30 p.m. 

15   today.

16                Senator Skelos.

17                SENATOR SKELOS:   Mr. President, I 

18   believe there's another resolution at the desk.  

19   I request that it be read and move for its 

20   immediate adoption.

21                THE PRESIDENT:   The Secretary will 

22   read.

23                THE SECRETARY:   By Senator Skelos, 

24   Senate Resolution resolved that the Temporary 

25   President appoint a committee of two to wait upon 

                                                               17

 1   the Assembly and inform that body that the Senate 

 2   is organized and ready to proceed with business.  

 3                "RESOLVED, That the Temporary 

 4   President appoint a committee of two, comprised 

 5   of Senator Zeldin and Senator Avella, for the 

 6   purpose of waiting upon the Assembly and 

 7   informing that body that the Senate is organized 

 8   and ready to proceed with business."

 9                THE PRESIDENT:   The question is on 

10   the resolution.  All in favor signify by saying 

11   aye.  

12                (Response of "Aye.")

13                THE PRESIDENT:   Opposed, nay.

14                (No response.)  

15                THE PRESIDENT:   The resolution is 

16   adopted.

17                Senator Skelos appoints Senators 

18   Zeldin and Avella to inform the Assembly that the 

19   Senate is organized and ready to proceed and to 

20   receive the Governor's message in the Empire 

21   State Plaza Convention Center at 1:30 p.m. today.

22                Senator Skelos.

23                SENATOR SKELOS:   Mr. President, is 

24   there any other business at the desk?  

25                THE PRESIDENT:   I'm happy to 

                                                               18

 1   announce, Senator, that the desk is clear.

 2                SENATOR SKELOS:   I would urge 

 3   members to move to the Convention Center as 

 4   quickly as possible so that we can all be in at 

 5   the appropriate time and listen to the Governor's 

 6   message.  

 7                There being no further business to 

 8   come before the Senate, I move we stand adjourned 

 9   until Monday, January 9th, at 3:00 p.m.  

10                We will now proceed to the Empire 

11   State Convention Center for the Governor's State 

12   of the State address.

13                THE PRESIDENT:   On motion, the 

14   Senate stands adjourned until Monday, 

15   January 9th, at 3:00 p.m., intervening days being 

16   legislative days.  

17                The Senate will now proceed to the 

18   Empire State Plaza Convention Center for the 

19   Governor's State of the State.

20                (Whereupon, at 12:52 p.m., the 

21   Senate adjourned.)

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