Regular Session - March 17, 2014

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 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 17, 2014

11                     4:54 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               867

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise and 

 5   join with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   In the 

10   absence of clergy, I ask all present to please 

11   bow your head in a moment of silent reflection 

12   and prayer.

13                (Whereupon, the assemblage respected 

14   a moment of silence.)

15                ACTING PRESIDENT GRIFFO:   The 

16   reading of the Journal.  

17                THE SECRETARY:   In Senate, Sunday, 

18   March 16th, the Senate met pursuant to 

19   adjournment.  The Journal of Saturday, 

20   March 15th, was read and approved.  On motion, 

21   Senate adjourned.

22                ACTING PRESIDENT GRIFFO:   Without 

23   objection, the Journal stands approved as read.

24                Presentation of petitions.  

25                Messages from the Assembly.  


                                                               868

 1                The Secretary will read.

 2                THE SECRETARY:   The Assembly sent 

 3   for concurrence the following bill.  On motion by 

 4   Senator Skelos and Senator Klein, said bill 

 5   ordered to a third reading:  Assembly Bill Number 

 6   2597A.

 7                ACTING PRESIDENT GRIFFO:   So 

 8   ordered.

 9                Messages from the Governor.

10                Reports of standing committees.

11                Reports of select committees.

12                Communications and reports of state 

13   officers.

14                Motions and resolutions.

15                Senator Libous.

16                SENATOR LIBOUS:   Mr. President, at 

17   this time could we go to Assembly hand-down 

18   A2597A.

19                ACTING PRESIDENT GRIFFO:   The 

20   Secretary will read.

21                THE SECRETARY:   Calendar Number 

22   288, by Member of the Assembly Moya, Assembly 

23   Print Number 2597A, an act to amend the Education 

24   Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               869

 1   last section.

 2                SENATOR LIBOUS:   Lay the bill 

 3   aside, please.

 4                ACTING PRESIDENT GRIFFO:   Lay the 

 5   bill aside.

 6                The Secretary will ring the bell.

 7                Senator Libous.

 8                SENATOR LIBOUS:   Mr. President, at 

 9   this time can we do the controversial reading of 

10   Assembly 2597A, please.

11                ACTING PRESIDENT GRIFFO:   Assembly 

12   Bill Number 2597A is before the house.

13                The Secretary will read.

14                THE SECRETARY:   Calendar Number 

15   288, by Member of the Assembly Moya, Assembly 

16   Print Number 2597A, an act to amend the Education 

17   Law.

18                SENATOR LIBOUS:   Explanation.

19                ACTING PRESIDENT GRIFFO:   An 

20   explanation has been requested.  

21                Senator Klein.

22                SENATOR KLEIN:   Mr. President, this 

23   legislation would create the New York State DREAM 

24   Act, which in turn creates the New York DREAM 

25   Fund Commission and a New York DREAM Fund to 


                                                               870

 1   provide scholarships to college-bound children of 

 2   immigrants.  

 3                Students eligible for scholarships 

 4   from the New York DREAM Fund would be required to 

 5   have at least one parent or guardian who 

 6   emigrated to the United States, and to have 

 7   resided with a parent or guardian in New York 

 8   State while attending a public or private high 

 9   school for at least two years prior to receiving  

10   a high school diploma or its equivalent.  

11                This legislation also expands access 

12   to state-funded financial aid programs and allows 

13   immigrant families to better save for higher 

14   education expenses by allowing individuals to 

15   open up a New York State 529 family tuition 

16   account under the New York State College Tuition 

17   Savings Program.  

18                If at a later time -- if Senator 

19   Peralta would like to elaborate on that.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Peralta.

22                SENATOR PERALTA:   Thank you, 

23   Senator Klein.

24                Mr. President, we have an 

25   opportunity here to do something that the federal 


                                                               871

 1   government has not been able to do.  We have an 

 2   opportunity to pass the New York State DREAM Act.  

 3                Year after year, election year after 

 4   nonelection year, we've been promised on a 

 5   national level that there's going to be some form 

 6   of immigration reform.  And year after year, 

 7   election year after nonelection year, it has 

 8   failed.

 9                New York has an opportunity to step 

10   up to the plate and hit it out of the park and 

11   help children of undocumented immigrant parents 

12   live that American dream.  These children have 

13   come here by no fault of their own.  They have no 

14   choice in the matter, and they have come here at 

15   a young age, some as young as a year old or 

16   2 years old.  

17                Passing the DREAM Act would make 

18   New York the fifth state to offer state college 

19   financial aid to the children of immigrants 

20   regardless of status, behind Texas, New Mexico, 

21   California and, just a few weeks ago, Washington 

22   State.  So let me be clear, this is not the same 

23   as the federal DREAM Act.  There is no path 

24   towards citizenship.  

25                But what we do here is we want to 


                                                               872

 1   provide immigrants on the same footing as other 

 2   New York students when it comes to accessing 

 3   higher education.  This bill will follow the same 

 4   criteria as in-state tuition that has been 

 5   available in New York since 2002.  

 6                Now, my great friend and colleague 

 7   Senator Espaillat led the way in 2002 in the 

 8   Assembly while he was in the Assembly.  And right 

 9   here in this very body, in-state tuition was 

10   passed in 2002 by a vote of 41-20.  So this bill 

11   lays out the same criteria of in-state tuition so 

12   that individuals can get a higher education.

13                In addition to that, in order to be 

14   eligible, an undocumented student must also 

15   submit an affidavit stating that he or she has 

16   filed an application to legalize his or her 

17   immigration status.  So these individuals, the 

18   children of the undocumented parents, will be 

19   eligible for TAP, HEOP, EOP, C-STEP and other 

20   programs.  

21                This measure will also create a 

22   DREAM Fund, a DREAM Fund committed to advancing 

23   the educational goals of the children of 

24   immigrants through privately funded scholarships, 

25   and broaden access to the New York State College 


                                                               873

 1   Tuition Savings, the 529 program.  The family 

 2   tuition accounts will be available to anyone, 

 3   anyone who provides a valid taxpayer ID number or 

 4   an ITN number.  

 5                My fellow colleagues, this is an 

 6   opportunity, an opportunity to do the right 

 7   thing.  This is about improving our pool of 

 8   talented children that want to better themselves.  

 9   This is about an investment.  We will get a huge 

10   profitable return on our investment.  This is 

11   about making economic sense.  This is about 

12   maintaining our status as a progressive and 

13   trail-blazing state.  This is about being and 

14   maintaining ourselves as the capital of the 

15   world.

16                Let's do the right thing today.  

17   Let's pass the DREAM Act.  Let's make history, 

18   and let's allow individuals who want to better 

19   themselves become productive members of society.

20                Thank you.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Klein.

23                SENATOR KLEIN:   Thank you, 

24   Mr. President.

25                The legislation before us poses a 


                                                               874

 1   very simple question:  Do you believe that every 

 2   New Yorker should have a fair shot at a quality 

 3   college education?  

 4                There are those who would seek to 

 5   complicate this answer by actually complicating 

 6   the merits of the bill before us, by instilling 

 7   fear and manipulating the meaning of exactly what 

 8   this important piece of legislation is meant to 

 9   do.  

10                So I wanted to make it very clear 

11   what this bill does.  It allows for every 

12   New York student to have the same shot at a 

13   quality college education, nothing more or 

14   nothing less.  This bill levels the playing field 

15   for high school graduates across the state, 

16   giving them access to tuition assistance 

17   regardless of their ethnicity or household 

18   financial situation.  

19                Getting into a battle about 

20   immigration policy may be the conversation some 

21   would like to have, but to turn the DREAM Act 

22   into an immigration debate really misses the 

23   point.  The point is this, that we have thousands 

24   of children who were brought here at a young age, 

25   have been educated here, and are just as much a 


                                                               875

 1   part of the next-generation workforce of the 

 2   state as any of our children.  

 3                So to say that we are just going to 

 4   cut them out of the system by denying them the 

 5   chance to further their education is not just bad 

 6   economic policy, in my opinion, but a blatant 

 7   denial of our own history and heritage.  

 8                As our former Governor and 

 9   President, the great Franklin Delano Roosevelt, 

10   once said:  "Remember, remember always that all 

11   of us, and you and I especially, are descended 

12   from immigrants."  

13                You know, it's often that on the 

14   floor of Senate I've spoken about my 

15   grandparents, my grandparents on my dad's side of 

16   Hungarian ancestry, and on my mom's side, Polish 

17   ancestry.  And I think it's worth talking about 

18   the fact that somehow, just somehow we forget who 

19   we are and where we came from.  

20                Each and every one of us in this 

21   chamber are descendants from immigrants.  

22   Somewhere in our family there was someone who 

23   came to this country who had the courage, the 

24   determination to make a new life.  We always have 

25   to remember that.  Either they came here through 


                                                               876

 1   steerage or in chains, but nonetheless they came 

 2   here for a better life.  

 3                We also have to ask the question, 

 4   what's the difference between the prior immigrant 

 5   generation and those who come here today?  And 

 6   the answer is nothing.  They're all the same.  

 7   They come to make America their home.  They come 

 8   to make a better life for them and their family.  

 9                And the reason why immigrants have 

10   succeeded for hundreds and hundreds of years in 

11   our society is because of a very simple truth.  

12   When you think of what makes an immigrant, it's 

13   somebody who leaves their family and friends 

14   behind, they leave the life that they know best 

15   behind.  They build up the courage to start anew.  

16   And to start anew, it's always for a better life 

17   for their family.  

18                So I think we really have to wrap 

19   our arms around the fact that maybe the names 

20   have changed in the past from O'Leary and 

21   Goldberg and Solano, and maybe now they're 

22   Gonzalez and Chang and other names.  But 

23   nonetheless, they're still the ancestors, and 

24   those are the people who were the giants that 

25   came before us who still come here today.  


                                                               877

 1                The lessons and spirit that they 

 2   instilled in us are the words and actions that 

 3   are rooted in enduring truth, that in America 

 4   everyone gets a fair shot.  In America, if you 

 5   treat others with respect, honesty and kindness, 

 6   and most importantly, if you work hard, you will 

 7   find success.  

 8                And I believe that the spirit of 

 9   America that my grandparents instilled in me and 

10   everyone else in this chamber, an America of 

11   integrity, hard work, opportunity and reward, has 

12   always been the enduring spirit of America.  So 

13   let us remember that we are a country of 

14   inclusion, not exclusion.  America is not some 

15   exclusive club, and educational advancement in 

16   this country is not only meant for some, it is 

17   meant for anyone on this soil who is willing to 

18   learn and has the dedication and determination to 

19   succeed.  

20                The ideals that this country was 

21   built on are timeless.  They should not change 

22   with the political tides or fade over time.  We 

23   are a nation built on the notion that opportunity 

24   exists for all, and when we put a stone in 

25   another's path, we are not being true to the 


                                                               878

 1   values of our state or the spirit of our country.  

 2                These young people are no more 

 3   responsible for the decision and actions of their 

 4   parents than you and I are responsible for the 

 5   choices our parents may have made.  We are not 

 6   here to be gatekeepers, picking and choosing who 

 7   gets a shot to learn and grow and be a success.  

 8   That is not our job.  Our job as public servants 

 9   is to make space, create channels and open doors 

10   for New Yorkers so that they can live a strong 

11   and prosperous life.  No one in this chamber gets 

12   the right to stand in the way of someone else's 

13   education.  It's not what we are about.  

14                I believe, my colleagues, that this 

15   is not even a Republican or a Democratic issue, 

16   nor a liberal or conservative issue, nor an issue 

17   of immigration or citizenship.  Because I firmly 

18   believe that this is a right to have a decent 

19   education.  Just because someone is undocumented 

20   does not make them unworthy of an education.  

21                I'm sure many of you, over the last 

22   couple of years, have spoken to some of the 

23   Dreamers.  And you just have to sometimes I think 

24   maybe put yourselves in their shoes.  During 

25   their formative years they know that their 


                                                               879

 1   parents' choice to come here illegally -- and I 

 2   can only imagine it wasn't easy to have had to 

 3   keep that secret buried deep inside while all the 

 4   while feeling just as American as those sitting 

 5   right next to them in class.  

 6                I made a promise that this bill 

 7   would come to the floor because I think it's 

 8   important that we get a vote on the DREAM Act.  

 9   Each and every one of you I think have a duty, my 

10   colleagues, that every New Yorker has a fair shot 

11   at a quality education.  It is a yes or no 

12   answer, and with your answer, your vote, you're 

13   either standing up for these students to get 

14   their shot or standing in the way.  

15                I stand with these students and vote 

16   yes, Mr. President.  

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Espaillat.

19                SENATOR ESPAILLAT:   Thank you, 

20   Mr. President.

21                We see here today an important day 

22   in the history of this body.  As Washington 

23   continues to gridlock, many states have had to 

24   take piecemeal pieces of the immigration reform 

25   that many across the nation wait for.  Today it 


                                                               880

 1   is New York's turn.  

 2                And back in 2002, we were successful 

 3   in passing in-state tuition, with a Republican 

 4   Governor and a Republican Senate.  And we were 

 5   able to pass that bill, and it benefited 8,000 

 6   students in the system, in the university system 

 7   across the State of New York, offering them an 

 8   opportunity to access higher education.  But we 

 9   saw that many of them could not afford the cost 

10   of college tuition and that many of them were not 

11   able to enter college.

12                And this bill that comes before us 

13   today has been approved by the Assembly.  The 

14   Governor has said that he will sign the bill if 

15   it comes to his desk.  It has gotten the support 

16   of all the major newspapers in their editorial 

17   boards -- the New York Post, the Daily News, the 

18   New York Times, Newsday, AM New York and others.  

19                This bill has the support of 

20   Cardinal Dolan and the Catholic Conference of 

21   Bishops.  It has the support of labor.  And many 

22   in the business community see this as an 

23   important piece of legislation.  How could they 

24   all be wrong?

25                This is an important piece of 


                                                               881

 1   legislation that would allow 8,000 undocumented 

 2   students -- many of them came here when they were 

 3   one year old.  Many of them may have difficulty 

 4   speaking their native language.  Many of them 

 5   don't have any relatives back home where they 

 6   came from.  These are young people that graduated 

 7   from a New York State high school or got a 

 8   General Equivalency Diploma from the State 

 9   Department of Education.  They deserve an 

10   opportunity, they deserve a shot.

11                And many have estimated, including 

12   the Fiscal Policy Institute, that college 

13   graduates on an average pay $3,900 more annually 

14   than non-college graduates in taxes.  

15                So this is an investment for our 

16   state, for the future professionals of tomorrow 

17   that will pay taxes and build the middle class.  

18   We must continue to support their efforts.  And 

19   I'm happy to be here in support of this 

20   particular bill.

21                In the past, many have used scare 

22   tactics to make us think that they are adopting 

23   policies in New York State that will drive others 

24   out or that will hurt some of our own.  Nothing 

25   could be further from the truth.  


                                                               882

 1                This is a state that is a state of 

 2   immigrants.  This is a body, the Legislature, 

 3   that should have open arms to all that come to us 

 4   in goodwill.  And these young students definitely 

 5   are the best among us.  They have faced adverse 

 6   conditions, in many cases, circumstances in their 

 7   lives, and yet they want to access higher 

 8   education.  They want to make sure that they are 

 9   the professionals, the taxpaying professionals of 

10   tomorrow.

11                Mr. President, I am happy to stand 

12   here in support of this bill, and I congratulate 

13   Senator Peralta, the leading sponsor of this 

14   bill, for his efforts to bring it to the floor.  

15   And I congratulate also Senator Jeff Klein for 

16   bringing this bill to the floor.

17                Let us vote up or down on this.  Let 

18   us vote our conscience.  This is a good bill for 

19   New York State.  This is a good bill for all of 

20   us.  It will make our state stronger.  And I will 

21   be voting in the positive, Mr. President.  

22                Thank you so much.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Diaz.

25                SENATOR DIAZ:   Thank you, 


                                                               883

 1   Mr. President.  

 2                Ladies and gentlemen, life sometimes 

 3   brings surprises.  For the past three years, I 

 4   have been angry, I have been upset, I have been 

 5   disappointed, I have written columns, I have 

 6   written columns criticizing many people.  I have 

 7   asked my colleagues not to vote on the budget 

 8   until the DREAM Act comes to the floor.  And for 

 9   the past years, I have been the only one voting 

10   on every part of the budget no because of the 

11   DREAM Act.

12                Today, today is the day that God has 

13   made.  Today is one of those days when you 

14   realize that things are done according to God's 

15   will, whenever He wants and through whoever He 

16   chooses.  And today He has chosen Jeff Klein and 

17   Senator Dean Skelos to allow this bill to come to 

18   the floor.  

19                So we are very happy, we are very 

20   honored that finally this bill is coming to the 

21   floor, came to the floor.  And as Senator 

22   Espaillat said, Governor Cuomo said that he will 

23   sign it if it passes.

24                Senator Klein, in my heart is a lot 

25   of gratitude for you.  You have proven to be a 


                                                               884

 1   leader, you have proven to be a person that we 

 2   could trust.  You told me Saturday that it was 

 3   coming to the floor, and now you are saying and I 

 4   see it is so.  Thank you very much, I appreciate 

 5   that, and to Senator Skelos.

 6                So I tip my hat to you, and I hope 

 7   that today we're done with this.  I hope today we 

 8   all do away with this and bring happiness to 

 9   8,000 students waiting for this to happen.  

10                To my colleague Senator Peralta, you 

11   have worked hard.  You have worked hard, and 

12   today you see your fruits come true.  

13                Senator Espaillat, you have proven 

14   to be also a person that fights hard.  

15                And to Assemblyman Moya on the other 

16   side, and to my former intern, Assemblymember 

17   Marco Crespo -- he's been also all over fighting 

18   and working.  I remember Marco Crespo, the 

19   Assemblyman Crespo, when he was my intern, he's 

20   from Peru.  Half Puerto Rican and half Peruvian.  

21   And I know how happy he will feel today to see 

22   this pass.  Marco, congratulations.  You've been 

23   fighting too for this.  

24                To all of you guys, thank you very 

25   much.  Whatever comes to be the end result, I am 


                                                               885

 1   very happy, very glad that Senator Jeff Klein and 

 2   Senator Skelos finally bring this to the floor 

 3   and that we have the opportunity to say yes or 

 4   no.  

 5                But this is the day that the Lord 

 6   has made.  Rejoice, be happy, be content, praise 

 7   the Lord.  This is the day.  Now it's up to you 

 8   guys.

 9                Thank you very much.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Parker.

12                SENATOR PARKER:   Thank you, 

13   Mr. President.  On the bill.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Parker on the bill.

16                SENATOR PARKER:   I rise to add my 

17   voice to those congratulating the members of the 

18   house for bringing this very important bill to 

19   the floor.  

20                I represent the 21st District in 

21   Brooklyn, which is Flatbush and East Flatbush, 

22   Midwood, Ditmas Park, Kensington, Windsor Terrace 

23   and Park Slope.  This is a district that is 

24   predominantly Caribbean immigrants, many of which 

25   will benefit from the result of this bill.  


                                                               886

 1                I'm very, very happy that we are 

 2   bring it to the floor.  Let me say a particular 

 3   congratulations to Senator Peralta for this great 

 4   accomplishment.  

 5                There are many of us who have been 

 6   carrying the baton.  I actually introduced this 

 7   bill back in 2003 and actually held it with now 

 8   Senator Espaillat but then Assemblyman Espaillat.  

 9   And when he passed it and we were not able to get 

10   it to the floor -- I know it was a version of the 

11   bill, not this bill.  And Senator Perkins I know 

12   had a version of this bill for a while, and he 

13   carried the baton for a while.  

14                And so, you know, this is a good 

15   case study on what it takes and the amount of 

16   fortitude that it takes to actually get important 

17   legislation to the floor.  But the important 

18   thing is that we persevered, that this chamber 

19   and the people of this state continued to move 

20   forward in the right direction, in a progressive 

21   direction, to make sure that we upheld our 

22   values.  

23                And we often say in this chamber 

24   that there is more nothing more important than 

25   education, and particularly education because not 


                                                               887

 1   only does it help you, you know, take the step to 

 2   get a better job and have access to better 

 3   economic opportunity and seek the American dream, 

 4   but we know that people with better educations 

 5   have better health outcomes, they have less 

 6   interaction with the criminal justice system, 

 7   they have higher rates of homeownership.  And 

 8   their children also have better health outcomes, 

 9   better homeownership, and so on and so forth.  

10                And so that this is something that 

11   we're doing not just for those Dreamers today, 

12   but we're doing this for the citizens of tomorrow 

13   who will benefit from us having a better-educated 

14   citizenry around the State of New York.  

15                Congratulations to the members of 

16   the Senate.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Rivera.

19                SENATOR RIVERA:   Thank you, 

20   Mr. President.

21                It is not every day that I can stand 

22   on the floor of the Senate and say that I am 

23   going to be supportive of something that Senator 

24   Diaz is supportive is, that the New York Post is 

25   supportive is, that business owners are 


                                                               888

 1   supportive of.  It is absolutely a great day, 

 2   just like a lot of my colleagues have said 

 3   already.

 4                The fact is that this is something 

 5   that is very simple.  We have students that are 

 6   here in our school systems that have been 

 7   successful, that have been successful all the way 

 8   to high school and then find themselves on the 

 9   way to college and without necessarily being able 

10   to afford it.

11                These folks, as some of my 

12   colleagues have said, were young people that came 

13   here without necessarily wanting to.  Their 

14   parents brought them here.  They brought them 

15   here to make better lives for themselves, to make 

16   a better life for them.  And when they find 

17   themselves right now at the cusp of being able to 

18   access a higher education institution, one of our 

19   wonderful colleges in either the CUNY or the SUNY 

20   system, then they find themselves, if they can't 

21   afford it, that they cannot go.

22                And what we're doing here today is 

23   something very simple.  We're providing them that 

24   access.  It's not guaranteed money, but what it 

25   is is if a student is successful, if a student 


                                                               889

 1   can demonstrate that they are worthy of our 

 2   educational system, then they should be able to 

 3   continue it.

 4                I have a been a proud supporter of 

 5   this bill for a very long time.  I certainly 

 6   thank my colleague Senator Peralta, 

 7   Assemblymember Moya, Senator Espaillat, all of 

 8   which have been very strong advocates for it.  

 9   And I certainly thank Senator Klein for being 

10   able to bring it to the floor today.

11                But again, I ask all my colleagues 

12   on the other side of the aisle who might be on 

13   the fence about this, as I stated last week, this 

14   is a diminutive cost.  It is about $25 million at 

15   most.  And this is to guarantee access for 

16   students who have already been successful in the 

17   educational system, give them the opportunity to 

18   continue to be successful.  

19                That is all that we are asking for 

20   here today.  That is all that the Dreamers are 

21   asking for us.  And I'm very proud to say I vote 

22   aye on this bill.  

23                Thank you, Mr. President.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Smith.


                                                               890

 1                SENATOR SMITH:   Thank you very 

 2   much, Mr. President.  On the bill.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Smith on the bill.

 5                SENATOR SMITH:   Colleagues, today 

 6   represents exactly what New York State, what this 

 7   country is all about.  

 8                You take a moment to think about it, 

 9   here we are, Senator Peralta, on the day they 

10   consider to be the luck of the Irish, that you 

11   are now going to pass the DREAM Act, which is 

12   going to benefit a lot of our immigrants.  A lot 

13   of Irish immigrants themselves I'm quite sure 

14   would consider this a very important day.  So the 

15   luck of the Irish we hope will be with us on this 

16   day.  

17                Senator Peralta rightly gave you all 

18   the economic benefits as relates to the DREAM 

19   Act, and he's correct.  The Comptroller's office 

20   made it very clear, somebody with an associate's 

21   degree, over their lifetime, will probably pay an 

22   additional $25,000 in taxes.  That's important to 

23   New York State.  Someone with a bachelor's degree 

24   will probably pay an additional $60,000 in their 

25   lifetime in terms of New York taxes.  That's 


                                                               891

 1   important to this state.

 2                Senator Klein gave you all of the 

 3   sociopolitical, geopolitical, economic concepts 

 4   as well as historical benefits of a bill such as 

 5   this and what it would mean to the state, what it 

 6   would mean to so many people around this state, 

 7   in particular in communities in New York City.

 8                Assemblyman Crespo, who has been 

 9   fighting for years for this, has made this a 

10   personal, has made this a personal mission on his 

11   part.  One in which not only did he lobby his 

12   colleagues but spent a lot of time at home just 

13   sort of personalizing and digesting what this 

14   would mean to so many people.  

15                And I know that, Assemblyman Crespo.  

16   While you may have held that in, I know how much 

17   it means to you, your family, and to your heart.

18                So, colleagues, last week as we 

19   talked about the one-house budget, I had the 

20   opportunity to talk about a few good ideas that I 

21   thought would be important to us.  As you know, 

22   history always dictates and history will continue 

23   to dictate not only what a good idea is but what 

24   are right ideas.

25                Back a couple of years ago, many of 


                                                               892

 1   you who had some second thoughts about it, our 

 2   President came up with a concept called 

 3   Obamacare.  While many people thought that was a 

 4   challenge, Obamacare was and is a good idea.  The 

 5   right idea was this body and our Governor putting 

 6   together a health exchange which now has over 

 7   500,000 people who are registered in it.  That 

 8   became the right idea.

 9                A good idea -- and I know this is 

10   always a good idea, tax relief.  There's no 

11   question about it, we all believe in tax relief 

12   and believe that individuals should have some tax 

13   relief in their lifetime.  The right idea is 

14   whether or not we do a circuit breaker or we did 

15   a tax cap, which we did last year and maybe we'll 

16   do this year.  There is always a right idea that 

17   benefits from a good idea.

18                Good idea.  Senator Klein, Senator 

19   Skelos, Senator Libous, Jose Peralta, Brother 

20   Crespo all decided and worked to make sure that 

21   the DREAM Act came to the floor today.  That is a 

22   good idea.  The day that it comes, again, is 

23   St. Patrick's Day, luck of the Irish.  

24                The right idea will not just be the 

25   bill coming to the floor, the right idea will be 


                                                               893

 1   that we pass this bill and the Governor of this 

 2   state will sign this bill so that there are many 

 3   individuals who will have the right to a decent 

 4   education, will have the right, as you have had 

 5   and I have had, to raise a family, to try to do 

 6   all that you can, as the American dream says, 

 7   that you can reach the highest heights as long as 

 8   you have an opportunity to an education.

 9                Ladies and gentlemen, the one thing, 

10   the one thing that is driving me this session 

11   more than anything else is the need to make sure 

12   that the individuals of our state -- young, 

13   middle-aged and old -- have the opportunity to 

14   have an education, have an opportunity to fulfill 

15   that dream which they were told they could have 

16   if they came to this state.  

17                This is the day that we have the 

18   right idea.  So when we finish this debate and 

19   those who are speaking on the bill, let's make 

20   sure that history continues to have that lineage 

21   that continues so often, and that is when you 

22   come up with a good idea, the actual yield that 

23   comes from that is the right idea.  

24                Mr. President, the right idea is 

25   that we pass this bill today and send a message 


                                                               894

 1   to all those who came to this state, and to 

 2   across this country, that New York State still 

 3   stands by that creed.  And that is if you come 

 4   here, we will make a path for you to have one of 

 5   the best lives that you can have, and for your 

 6   children.

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Dilan.

10                SENATOR DILAN:   Thank you, 

11   Mr. President.  On the bill.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Dilan on the bill.

14                SENATOR DILAN:   I rise to support 

15   this piece of legislation which will benefit many 

16   of my constituents.  Many of those that live in 

17   New York City are in the melting pot of the 

18   world.  And if New York City is the melting pot 

19   of the world, so is New York State.

20                I just want to say happy 

21   St. Patrick's Day to all, and let's hope that we 

22   draw a four-leaf clover today and that it will be 

23   a lucky day for all those Dreamers that have been 

24   looking towards this day.

25                First I want to thank all those 


                                                               895

 1   responsible for bringing this bill to the floor 

 2   and ask all my colleagues to consider this 

 3   generation, which is seeking this dream to live 

 4   the American dream and just be educated in the 

 5   place that they know as their home.  

 6                So I will be voting in favor of this 

 7   bill.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Hassell-Thompson.

10                SENATOR HASSELL-THOMPSON:   Thank 

11   you, Mr. President.

12                Just briefly, you've heard me stand 

13   on this floor and say that just in the City of 

14   Mount Vernon, which is only 14 percent of my 

15   district, over 92 different languages are spoken 

16   every day, from South Central Latin America, from 

17   Portugal to Brazil, every Caribbean island, every 

18   community that calls itself Caribbean in the 

19   Caribbean Sea, is represented in the City of 

20   Mount Vernon.  

21                Therefore it's incumbent on me to 

22   stand here before you and tell you, on behalf of 

23   all of those people, it is important that what we 

24   do today impacts them very positively.  Too often 

25   I have stood here and condemned some of the bills 


                                                               896

 1   that we have passed that have been detrimental to 

 2   their safety and to their way of life.  But today 

 3   we have an opportunity before us to do something 

 4   so important to our children.  

 5                Having spoken to many of the 

 6   children and to families who have been in this 

 7   country for many years and who have young 

 8   children who have never seen their homeland, they 

 9   only know America as their homeland.  They only 

10   know New York as the place of their friendships, 

11   their relationships.  And because of that, 

12   they're also not going home, they are staying in 

13   America, because this is home for them.

14                And if it is, then it's very 

15   important for us to understand that we need to do 

16   everything right by them to make it possible so 

17   that the lives that they live are exemplary.  And 

18   to do this, offering them a college education is 

19   a major step toward making that happen.

20                I would like to hope that no matter 

21   what your political standing is that you will 

22   understand clearly that this is not just about 

23   children of color, but this is of every immigrant 

24   group that comes to the United States looking for 

25   and finding succor and shelter here in this 


                                                               897

 1   country.  

 2                Thank you, Mr. President.  I will be 

 3   voting yes.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Serrano.

 6                SENATOR SERRANO:   Thank you, 

 7   Mr. President.  On the bill.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Serrano on the bill.

10                SENATOR SERRANO:   It really is such 

11   an amazing feeling and opportunity to rise before 

12   my colleagues to talk about such an important 

13   bill.  

14                And listening to my colleagues who 

15   spoke before me, you can hear in their voices how 

16   personal this is, how long they've fought for 

17   this, and the stories of their own immigrant 

18   families and how they have had to deal with so 

19   many of the obstacles and challenges there are 

20   before them in achieving the American dream.

21                And in many ways it's very fitting 

22   that we're taking this vote on St. Patrick's Day.  

23   My district that I represent, East Harlem and the 

24   South Bronx predominantly, is home to wave after 

25   wave of immigrant communities from all walks.  


                                                               898

 1   For years it was the Irish immigrants.  And think 

 2   about the obstacles that the Irish had to 

 3   overcome -- the prejudice, the discrimination.  

 4                The Italians, the Puerto Ricans, all 

 5   immigrants, migrants, people come from other 

 6   places, all understood that the key to overcoming 

 7   the obstacles was education.  That education was 

 8   the great equalizer, that it would be the one 

 9   hope that the next generation had to doing better 

10   than their parents were doing at that time.

11                And this is such an easy way to 

12   ensure that the new immigrants achieve that 

13   American dream that many immigrant families 

14   before them were able to achieve.  Education is 

15   far more expensive now than it was in years past.  

16   The obstacles are far greater in many ways.  

17                And I think it's so important that 

18   we take a very strong stand and understand that 

19   the future of our society, the future of our 

20   economy depends on a strong, well-educated 

21   workforce.  And the immigrant community, as we 

22   know, will be a backbone of that workforce.

23                So I'm very happy to join my 

24   colleagues in voting yes on this bill.  

25                Thank you.


                                                               899

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Perkins.

 3                SENATOR PERKINS:   Thank you very 

 4   much.  I want to speak on the bill.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Perkins on the bill.

 7                SENATOR PERKINS:   I want to begin 

 8   by taking a moment to express my appreciation for 

 9   those who have been in this struggle on this 

10   particular type of legislation before myself and 

11   who have continued to keep the faith that this 

12   day would come.  

13                I myself was the lead sponsor of the 

14   DREAM Act in this body.  I am intimately familiar 

15   with the moral and social imperative that this 

16   act embodies.  

17                I first heard these arguments 

18   delivered with a personal and compelling 

19   authenticity back in early 2011, when I sat down 

20   with a group of inspiring young leaders from the 

21   New York State Youth Leadership Council, also 

22   known as YLC.  To know something deep and 

23   meaningful about the DREAM Act is to know the 

24   tirelessly committed young women and men of the 

25   YLC.  Their dreams are without limit, and the 


                                                               900

 1   actions flowing from their dreams are equally 

 2   boundless.

 3                The courageous members of the YLC 

 4   were singularly undeterred by past repeated 

 5   DREAM Act failures at the federal level and knew 

 6   that the fight for equality had to be taken to 

 7   the grassroots enclaves of state and local 

 8   government.  The courage of the YLC members is 

 9   especially great due to the fact that they're 

10   actually undocumented themselves.  Their advocacy 

11   was born of personal experience and gut-level 

12   fortitude that belied the great personal risk 

13   undertaken by each and every Dream member.  

14                In short order, due to their intense 

15   focus and personal investment, we rolled out the 

16   cornerstone of the New York State DREAM Act, 

17   comprehensive access to higher educational 

18   opportunity programs for all undocumented youth.  

19                This cornerstone was designed and 

20   constructed by the YLC.  No amount of cutting, 

21   pasting or other sources will ever change the 

22   bedrock truth:  Their partnership fashioned the 

23   very first version of the DREAM Act ever 

24   introduced in the New York State Senate.  And I 

25   am honored today to be able to vote on this 


                                                               901

 1   particular bill.

 2                Langston Hughes wrote a poem, "A 

 3   Dream Deferred."  At that time he was talking 

 4   about another group of so-called immigrants who 

 5   actually were never immigrants.  Those of us who 

 6   are African-American were never immigrants.  

 7   Nevertheless, today we are honored to be able to 

 8   see the opportunity for a dream come true.

 9                Thank you very much.  I vote aye on 

10   this bill.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Sanders.

13                SENATOR SANDERS:   Thank you, 

14   Mr. President.  On the bill.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Sanders on the bill.

17                SENATOR SANDERS:   I represent the 

18   simple and hardworking people of Springfield 

19   Gardens, Rosedale, South Ozone Park, Richmond 

20   Hill, the Rockaways and other parts of a great 

21   city called New York City.  And I've been 

22   wrestling with this idea of this bill for a 

23   little bit.  And let me see if I understand it.

24                I'm understanding that youth, 

25   sometimes infants, were brought by their parents 


                                                               902

 1   to a land unknown to themselves, and often 

 2   against their wishes.  Hmm.  As an 

 3   African-American, I certainly can appreciate 

 4   that.  My own family fled a dictatorship, a harsh 

 5   place that they fled to get to a better life.  We 

 6   of course fled the Jim Crow South for a better 

 7   life, in which education was the most important 

 8   thing that was preached to us from morning till 

 9   night.  

10                My family was so simple in one sense 

11   that, after a while, I could have held the book 

12   upside down and they would not have known.  But 

13   they insisted that we get education by all means.

14                So I absolutely understand when 

15   people say that there is a need for education, 

16   especially in the 21st century that we find 

17   ourselves in.  

18                My friends, this one is not that 

19   difficult once you start wrestling with it.  Once 

20   you look at the positives and the negatives, you 

21   see something simple, something clear, something 

22   American, if you wish.  Something that says that 

23   we will not close the doors.  That Lady Liberty, 

24   who still is out there in the water, will not be 

25   by herself, that we in the State Senate will join 


                                                               903

 1   together with her on such a great day.  

 2                On one hand, we can celebrate 

 3   chasing away the snakes.  And I think that 

 4   perhaps we need to chase away miseducation, that 

 5   we need to chase away backwardness.  And one of 

 6   the best ways of doing that is to allow children 

 7   to become educated.

 8                It is St. Patrick's Day, and I 

 9   congratulate all of those who share that fine 

10   lineage.  I will leave you with a Chinese saying.  

11   I couldn't find a good Irish one with enough 

12   time, so I will appropriate a Chinese saying.  It 

13   says that if you are preparing for one year, you 

14   plant wheat.  If you prepare for 10 years, you 

15   plant trees.  But if you prepare for a hundred 

16   years, my friends, educate children.

17                Let's prepare for a hundred years.  

18   I'm going to vote aye.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Krueger.

21                SENATOR KRUEGER:   Thank you, 

22   Mr. President.  On the bill.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Krueger on the bill.

25                SENATOR KRUEGER:   Well, my 


                                                               904

 1   colleagues are so convincing and they have been 

 2   so articulate about the reasons why we must vote 

 3   for this bill today.  

 4                And I just ask each of my colleagues 

 5   who might not have already realized that the 

 6   right answer is to vote yes to think of their own 

 7   family histories, to think of how their 

 8   grandparents or great-grandparents came to this 

 9   country and why.

10                My own escaped the pogroms of 

11   eastern Europe.  And I'm quite sure, because I've 

12   checked, that most of my family, when escaping to 

13   the U.S., didn't have paperwork.  And they hoped 

14   that they be welcomed in when they got here on 

15   the ships, but they didn't know for sure.  They 

16   just knew that they couldn't go back, that they 

17   didn't have a home country, and they wanted 

18   better for themselves and their children and 

19   their children's children.

20                And that is exactly the story of 

21   each of these young people who are asking us 

22   simply to let them go to school.

23                And each of my colleagues who have 

24   told the story perhaps from their own generation 

25   of this experience, if the rest of us just close 


                                                               905

 1   our eyes and think about the stories we heard in 

 2   childhood from our grandparents about why they 

 3   came here or about why their parents before them 

 4   came here, none of us will really have a 

 5   different story.  

 6                Not only is it the right thing to 

 7   do, it's the best thing to do.  Why is this the 

 8   best country in the world?  Because we opened our 

 9   arms to immigrants from throughout the world who 

10   wanted to come here to help make it the best 

11   country in the world.

12                Why is this the greatest state in 

13   this country?  Because we have been the entry 

14   port for immigrants from throughout the world 

15   generation after generation.  

16                And what made each of these 

17   generations of new New Yorkers, new Americans, 

18   become the leaders of where this country was 

19   going and is going?  The fact that they were able 

20   to get the education that they needed to help 

21   make this country better, to help make sure that 

22   their children accomplished better.  

23                It's so simple.  It's simply the 

24   story of our nation and our country.  That's all 

25   we're being asked to do today, just allow the 


                                                               906

 1   next step for a few of the next generation.

 2                I can't imagine anyone voting no, 

 3   Mr. President.  I vote aye.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Squadron.

 6                SENATOR SQUADRON:   Thank you, 

 7   Mr. President.  On the bill.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Squadron on the bill.

10                SENATOR SQUADRON:   As many people 

11   in this chamber know, I represent the Lower East 

12   Side and Chinatown in Lower Manhattan, parts of 

13   Brooklyn.  Like so many others in this chamber, I 

14   represent an area that doesn't just have the 

15   current constituents but has so many who came 

16   before.  

17                How many people in this chamber had 

18   their family's journey in this country start just 

19   in that little part of the world?  Whether German 

20   or Irish, Jewish or Chinese immigrants, it is who 

21   we are as a country.  

22                And you know, my grandparents 

23   started there too.  And my father went to City 

24   College and found a great life in this city.  It 

25   would have been unthinkable in that generation to 


                                                               907

 1   say if you work hard and you do your best and you 

 2   want to go to college, the government says no.  

 3   You work hard, you do your best, you want the 

 4   next generation to stand on your shoulders, but 

 5   the government says you're on your own.  It would 

 6   have been unthinkable a couple of generations 

 7   ago.  

 8                And today, what message does it 

 9   send?  We have lots and lots and lots, thousands 

10   upon thousands of young people who are here, who 

11   are here under tough circumstances, many of them 

12   brought here without documentation when they were 

13   kids, even very young kids.  They're doing their 

14   best despite all the challenges that that brings.  

15   It wasn't their decision.  

16                Now they want to go to college.  And 

17   we want the government to say no way?  Well, 

18   that's what's been happening in this state.  And 

19   that's what this bill can solve.  It can say if 

20   you do the things that you're supposed to, we 

21   will support you in making sure the next 

22   generation can stand on your shoulders.  It's 

23   very simple.  

24                You know, also in my district is the 

25   Statue of Liberty.  And it's appropriate that it 


                                                               908

 1   sits there in New York Harbor surrounded by the 

 2   places in New York City that it does, surrounded 

 3   by the great state that all of us together 

 4   represent.  And certainly it's an image that puts 

 5   an extra obligation on each of us, because we are 

 6   the place where so many -- not just across this 

 7   state, but across this country -- started.  

 8                And the fact that we would be the 

 9   fifth state to do this is disappointing.  But 

10   it's also appropriate that we would be among the 

11   first states to do this, because we do stand 

12   alone.  We alone have that statue in the harbor 

13   urging people to come here if and only if they're 

14   going to do their best to better themselves and 

15   their families.  

16                And that's what bill is about.  I'll 

17   vote aye, and I hope that enough of my colleagues 

18   will to give folks who want to a chance in this 

19   country.  

20                Thank you, Mr. President.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Hoylman.

23                SENATOR HOYLMAN:   Mr. President, on 

24   the bill.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               909

 1   Hoylman on the bill.

 2                SENATOR HOYLMAN:   As our colleagues 

 3   have mentioned, Mr. President, it is appropriate 

 4   that we are discussing this important piece of 

 5   legislation today.  And everyone is wearing their 

 6   green ties and lapel pins and scarves.  

 7   Mr. President, I should add that I think you have 

 8   the greenest tie of all today.  So well done on 

 9   that.

10                I wanted to say that I think it's 

11   rare for us to take a single vote, as we are 

12   today, that will have such a potentially profound 

13   impact on an individual's life.  And that's 

14   4500 lives a year, 4500 undocumented students 

15   graduating from New York State public schools who 

16   are being denied an education, the opportunity 

17   for an education.

18                And I wanted to read from a recent 

19   newspaper editorial which says "New York has an 

20   opportunity to fix one of the most perverse 

21   incentives of the failing status quo and help 

22   some high school grads go to college.  Few 

23   New Yorkers would deny a child college aid on the 

24   grounds of his father's crime.  So even if you 

25   think these student's parents were criminal for 


                                                               910

 1   coming here without a visa, why do it to them?" 

 2   And that's not the New York Times, that's not the 

 3   liberal Village Voice or The Nation, that's the 

 4   New York Post.

 5                Immigration, Mr. President, is now a 

 6   bipartisan issue.  It's a postpartisan issue for 

 7   a whole host of reasons.  There's the justice and 

 8   equality aspect, but there's also -- and I think 

 9   my colleagues, our friends on the other side of 

10   the aisle, recognize it -- an important economic 

11   reason.  

12                And to that point, Mr. President, 

13   the State Comptroller released a report last 

14   summer stating that the DREAM Act could provide 

15   economic benefits at a very small cost.  He 

16   estimated that a person with an associate's 

17   degree pays more than $35,000 in additional state 

18   taxes over their career than someone with only a 

19   high school diploma, and a person with a 

20   bachelor's degree pays $60,000 in additional 

21   state taxes.

22                So I'm proud to be standing here 

23   supporting the DREAM Act, thanking my colleagues 

24   for bringing it to the floor, thanking Senator 

25   Peralta for his tireless effort in doing so, and 


                                                               911

 1   voting aye on this very important piece of 

 2   legislation for the future of New York State's 

 3   economy.  

 4                Thank you, Mr. President.

 5                ACTING PRESIDENT GRIFFO:   Are there 

 6   any other Senators wishing to speak?  

 7                Senator Peralta to close.

 8                SENATOR PERALTA:   Thank you, 

 9   Mr. President.

10                My fellow colleagues, it's not too 

11   often that we come to decide a bill by a 

12   razor-thin vote.  And here's probably what's 

13   going to happen.  This will either pass or fail 

14   by a razor-thin margin.

15                My colleagues, we have explained why 

16   it's important, the moral issue, the moral 

17   argument.  But let me talk a little bit about 

18   some of the facts that you may not know.

19                The DREAM Act has been in place for 

20   three years in California.  The DREAM Act has 

21   been in place for five years in New Mexico.  The 

22   DREAM Act has been in place for over a decade in 

23   Texas, signed by Governor Rick Perry.

24                Most of these individuals that we're 

25   talking about will qualify under DACA, the 


                                                               912

 1   Deferred Action for Children Arrivals Act, signed 

 2   by executive order by the President of the 

 3   United States.  

 4                And some may question, Well, how 

 5   will they get jobs?  Well, they can either become 

 6   independent contractors or they can own small 

 7   businesses.  In fact, scholars have estimated 

 8   that as many as 8 to 10 percent of all 

 9   undocumented immigrants start up small 

10   businesses.  

11                And if some ask the question, Well, 

12   why are we giving TAP or Opportunity Programs to 

13   those individuals who are undocumented because 

14   they don't pay taxes, well, let me tell you this.  

15   In 2010, undocumented immigrants in this great 

16   state of ours paid $744,276,000 in taxes.  And 

17   when you look at the federal level, every single 

18   year the Social Security Administration keeps 

19   $6 billion to $7 billion in Social Security 

20   contributions from W-2s that cannot be matched.  

21   And the vast majority of that money comes from 

22   the undocumented immigrants.  In the United 

23   States of America alone, undocumented paid 

24   $10.6 billion in state and local taxes.

25                We are not removing a single United 


                                                               913

 1   States citizen from receiving TAP with this piece 

 2   of legislation.  That's something important to 

 3   keep in mind.  

 4                As you know, in 1982 the United 

 5   States Supreme Court ruled in Plyler v. Doe that 

 6   undocumented children and young adults have the 

 7   same right to attend public primary and secondary 

 8   schools as do United States citizens.  So we've 

 9   been paying for education from K through 12 based 

10   on that decision.  Now these kids are going to 

11   hit a ceiling, and what we're going to do is 

12   create a permanent underclass if we don't vote 

13   for this.

14                In that decision, Plyler v. Doe, a 

15   quote from Justice Brennan:  "Even if the state 

16   found it expedient to control the conduct of 

17   adults by acting against their kids, legislation 

18   directing the onus of a parent's misconduct 

19   against his kids does not comport with 

20   fundamental conceptions of justice."  In other 

21   words, New York should not be a place that 

22   punishes children for the actions of their 

23   parents.

24                Do we really want to punish the 

25   children for the actions of their parents?  I 


                                                               914

 1   don't know any one of you that would punish your 

 2   children for the actions that you've taken.  I 

 3   don't know any one of your constituents that 

 4   would punish their children for the actions that 

 5   they took.

 6                But if that doesn't convince you, 

 7   let me read a quote from Governor Rick Perry:  

 8   "We must say, to every Texas child learning in a 

 9   Texas classroom, 'We don't care where you come 

10   from, but where you're going, and we're going to 

11   do everything we can to help you get there.'  And 

12   that vision must include the children of 

13   undocumented workers.  That's why Texas took the 

14   national lead in allowing such deserving young 

15   minds to attend a Texas college at a resident 

16   rate.  Those young minds are a part of a new 

17   generation of leaders.  The doors of higher 

18   education must be open to them.  The message is 

19   simple:  educacion es el futuro, y si se puede." 

20                But let me go one closer.  Mayor 

21   Bloomberg:  "We're not deporting you, but we're 

22   not letting you succeed either, even though our 

23   economy wants you and needs you.  That's about as 

24   dumb a policy as I can think of, and we must 

25   change this."


                                                               915

 1                Ladies and gentlemen, my fellow 

 2   colleagues, we have an opportunity here.  And 

 3   some of your constituents may say:  Vote no, vote 

 4   nay.  But some of those same constituents that 

 5   are telling you to vote no own small businesses, 

 6   own restaurants, are contractors.  And guess who 

 7   is the cook in those restaurants, guess who is 

 8   the valet driver in those restaurants, guess who 

 9   is the dishwasher in those restaurants, guess who 

10   is the day laborer for that contractor?  

11   Undocumented immigrants.

12                So it's okay for those small 

13   businesses who are voters to say, Vote against 

14   this, but yet I am living the American dream 

15   through those undocumented individuals, through 

16   the parents of those undocumented individuals, 

17   but it's not okay to educate the children, their 

18   children, who worked hard, who excelled, who want 

19   to make difference.  

20                All they're asking for is to meet 

21   the criteria that's already in state law and to 

22   get that higher education so that they can get 

23   the jobs.  They can either become independent 

24   contractors or open up their small business, or 

25   they qualify for DACA, which means that every two 


                                                               916

 1   years they will qualify to live here, work here, 

 2   and get a Social Security number.  

 3                So here we have an opportunity, my 

 4   colleagues.  Not often do we get an opportunity 

 5   to make or break a certain piece of legislation.  

 6   This is one of those times.  

 7                I know in my heart of hearts that 

 8   some of you on the other side of the aisle would 

 9   like to vote for this.  Here's your opportunity, 

10   this one chance to make it happen.  You've got to 

11   ask yourself, are you going to be on the right 

12   side of history or will you be on the wrong side 

13   of history?  

14                I'm going to be on the right side of 

15   history, and I'm going to vote yes.  Because we 

16   need to send a loud message that not only this 

17   country but this state became great because of 

18   immigrants.  

19                Let's not create a permanent 

20   underclass.  Let's ensure that these 

21   individuals -- and we're only talking about 4500 

22   or so -- these individuals that want to excel, 

23   excel.  It's up to you.  We need a few votes.  

24   Let's make it a reality.  

25                I vote yea, Mr. President.


                                                               917

 1                ACTING PRESIDENT GRIFFO:   The 

 2   debate is closed.  

 3                The Secretary will ring the bell.

 4                Read the last section.

 5                SENATOR GIANARIS:   Mr. President.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Gianaris, why do you rise?

 8                SENATOR GIANARIS:   Mr. President, 

 9   we have five members requesting a slow roll call 

10   on this vote, please.  

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Gianaris, in accordance with Rule 9, seeing five 

13   Senators rise, a slow roll call is so ordered.

14                Read the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Libous, why do you rise?

19                SENATOR LIBOUS:   We certainly, 

20   Mr. President, want to oblige the slow roll call.  

21   But if I could ask that if you could call out of 

22   order for Senator DeFrancisco, then 

23   Senator Ritchie, then go back to the beginning of 

24   the roll.

25                ACTING PRESIDENT GRIFFO:   The Clerk 


                                                               918

 1   is so instructed.  

 2                The Secretary will call the roll.

 3                THE SECRETARY:   Senator 

 4   DeFrancisco.

 5                SENATOR DeFRANCISCO:   No.

 6                THE SECRETARY:   Senator Ritchie.

 7                SENATOR RITCHIE:   No.

 8                THE SECRETARY:   Senator Addabbo.

 9                SENATOR ADDABBO:   Yes.

10                THE SECRETARY:   Senator Avella.

11                SENATOR AVELLA:   Yes.

12                THE SECRETARY:   Senator Ball.

13                SENATOR BALL:   No.

14                THE SECRETARY:   Senator Bonacic.

15                SENATOR BONACIC:   No.

16                THE SECRETARY:   Senator Boyle, 

17   excused.

18                Senator Breslin.  

19                SENATOR BRESLIN:   Yes.

20                THE SECRETARY:   Senator Carlucci.

21                SENATOR CARLUCCI:   Yes.

22                THE SECRETARY:   Senator DeFrancisco 

23   recorded in the negative.

24                Senator Diaz.

25                SENATOR DIAZ:   To explain my vote.


                                                               919

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Diaz to explain his vote.

 3                SENATOR DIAZ:   Thank you, 

 4   Mr. President.

 5                As I said before, for the last three 

 6   years I have been asking my colleagues to vote no 

 7   on the budget because the DREAM Act was not 

 8   included.  My colleague Senator Gustavo Rivera 

 9   says that he's amazed that he's voting, he finds 

10   himself voting with me for something that I've 

11   voted.

12                You know, this is something that 

13   it's incredible.  Because as a Democrat, I make 

14   no second to no one.  Only two issues I'm voting 

15   against the Democrats, gay marriage and abortion.  

16   But any other issue, Mr. President, and my 

17   colleagues know, I'm the one fighting.  I'm the 

18   one fighting the Governor, I'm the one 

19   criticizing people for not voting the way that 

20   they're supposed to be voting to help our 

21   community.

22                So yes, yes, I'm proud to vote yes.  

23   I'm proud that Gustavo Rivera joins me today.  I 

24   am sorry he didn't join me three years ago or the 

25   last three years when I asked him to vote no 


                                                               920

 1   because the DREAM Act was not there.  But today 

 2   I'm honored that he's joining me in voting yes 

 3   today.  

 4                Thank you, Mr. President.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Diaz to be recorded in the affirmative.

 7                Continue the roll.

 8                THE SECRETARY:   Senator Dilan.

 9                SENATOR DILAN:   Yes.

10                THE SECRETARY:   Senator Espaillat.

11                SENATOR ESPAILLAT:   Yes.

12                THE SECRETARY:   Senator Farley.

13                SENATOR FARLEY:   No.

14                THE SECRETARY:   Senator Felder.

15                SENATOR FELDER:   No.

16                THE SECRETARY:   Senator Flanagan.

17                SENATOR FLANAGAN:   No.

18                THE SECRETARY:   Senator Gallivan.

19                SENATOR GALLIVAN:   No.

20                THE SECRETARY:   Senator Gianaris.

21                SENATOR GIANARIS:   Yes.

22                THE SECRETARY:   Senator Gipson.

23                SENATOR GIPSON:   Yes.

24                THE SECRETARY:   Senator Golden.

25                SENATOR GOLDEN:   No.


                                                               921

 1                THE SECRETARY:   Senator Griffo.

 2                SENATOR GRIFFO:   No.

 3                THE SECRETARY:   Senator Grisanti.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Grisanti to explain his vote.

 6                SENATOR GRISANTI:   Thank you, 

 7   Mr. President.

 8                My colleagues, it's going to come as 

 9   no surprise with regard to the DREAM Act, no 

10   surprise to anybody that I vote no.  And I've 

11   been vocal on this ever since Speaker Silver 

12   brought this to the floor.  

13                This has nothing to do about 

14   grandparents of anybody here in this room.  Our 

15   grandparents went through a naturalization 

16   process and are here legally.  So when you talk 

17   about grandparents and they came through, yes, my 

18   grandparents came here, they worked very hard, it 

19   was very difficult for them, but they fought and 

20   they went through a naturalization process where 

21   they had to fill out forms and came here legally.  

22                Now, I simply cannot vote for this 

23   legislation because of spending tens of millions 

24   of taxpayer dollars annually to pay tuition for 

25   illegal immigrants when so many legal families 


                                                               922

 1   are struggling with the high cost of college 

 2   education right now.

 3                Roughly 76 percent, 76 percent of 

 4   legal New York State college individuals going to 

 5   college right now are not eligible for TAP.  

 6   These are your constituents.  They came here by 

 7   the proper channels, are legal citizens of this 

 8   great state of ours that don't have access to 

 9   TAP.  Seventy-six percent.  

10                We need to focus on what we did in 

11   our one-house budget.  We need to focus first on 

12   increasing our TAP and increasing the 

13   requirements for TAP so those that are here 

14   legally and those who went through the proper 

15   channels have access to TAP first and foremost.  

16   That's what we need to do.

17                And recall that in 2010, prior to me 

18   getting here, in 2010 the Senate Democrats, when 

19   you guys were in power, you voted and took away 

20   TAP for graduate students that are here legally.  

21   You took away the TAP for graduate students.

22                When you did that, you then put 

23   those legal students that are going to college in 

24   financial peril in 2010.  That was only four 

25   years ago.  You know what happened?  


                                                               923

 1   Unfortunately those kids in graduate school 

 2   couldn't go ahead and finish.  That's what 

 3   happened.

 4                And what is the federal government 

 5   doing about this?  Well, nothing.  Nothing.  

 6   Since 1994 the federal government has denied 

 7   Pell grants to illegal immigrants, a policy 

 8   upheld by both Democrat and Republican 

 9   presidents.  Since 1994, no Pell.  

10                Without action from the federal 

11   government on the citizenship status of these 

12   undocumented illegal individuals, the vast 

13   majority would not even be able to hold a job 

14   legally.  They can't pay taxes legally, state and 

15   federal.  They cannot be hired legally or else 

16   employers would be subject to severe penalties.  

17                Enacting the DREAM Act does not 

18   convey citizenship on an individual.  Enacting 

19   the DREAM Act does not convey citizenship.  It 

20   takes away TAP from the legal residents, those 

21   76 percent that don't have the ability to afford 

22   college either.

23                This proposal may be popular in 

24   New York City, but the overwhelming majority of 

25   my district in Western New York -- Buffalo, 


                                                               924

 1   Hamburg, Orchard Park, Tonawanda, Grand Island -- 

 2   they do not support it.  With the limited state 

 3   resources, we owe our citizens here in New York 

 4   State an education first and foremost, and that's 

 5   what we tried to do in our one-house budget.  

 6                I cannot support this legislation, 

 7   and those are my reasons.  It has nothing to do 

 8   about my grandparents or anything else, it has to 

 9   do with the legal residents being taken care of 

10   first in this great state of ours.  

11                I vote no.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Grisanti to be recorded in the negative.

14                Continue the roll.

15                THE SECRETARY:   Senator Hannon.

16                (No response.)

17                THE SECRETARY:   Senator 

18   Hassell-Thompson.

19                SENATOR HASSELL-THOMPSON:   Aye.

20                THE SECRETARY:   Senator Hoylman.

21                SENATOR HOYLMAN:   Yes.

22                THE SECRETARY:   Senator Kennedy.

23                SENATOR KENNEDY:   Yes.

24                THE SECRETARY:   Senator Klein.

25                SENATOR KLEIN:   Yes.


                                                               925

 1                THE SECRETARY:   Senator Krueger.

 2                SENATOR KRUEGER:   Yes.

 3                THE SECRETARY:   Senator Lanza.  

 4                SENATOR LANZA:   No.

 5                THE SECRETARY:   Senator Larkin.

 6                SENATOR LARKIN:   No.

 7                THE SECRETARY:   Senator Latimer.

 8                SENATOR LATIMER:   Yes.

 9                THE SECRETARY:   Senator LaValle.  

10                SENATOR LaVALLE:   No.

11                THE SECRETARY:   Senator Libous.

12                SENATOR LIBOUS:   No.

13                THE SECRETARY:   Senator Little.

14                SENATOR LITTLE:   No.

15                THE SECRETARY:   Senator Marcellino.

16                SENATOR MARCELLINO:   No.

17                THE SECRETARY:   Senator Marchione.

18                SENATOR MARCHIONE:   No.

19                THE SECRETARY:   Senator Martins.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Martins to explain his vote.

22                SENATOR MARTINS:   Thank you, 

23   Mr. President.  

24                You know, I stand on this bill -- 

25   first of all, let me make it clear, I will be 


                                                               926

 1   voting no.  

 2                As I have mentioned to many of our 

 3   colleagues when we've had discussions on this 

 4   bill over the years, this is a bill that 

 5   resonates.  We are a country of immigrants.  We 

 6   all understand that.  Some of us are sons of 

 7   immigrants, grandchildren of immigrants.  We've 

 8   heard examples throughout our conversations 

 9   today.  And I want to thank my colleagues for 

10   their eloquent pleas on behalf of this bill, 

11   because it has been heard.

12                And if this bill was about providing 

13   an opportunity for those children who arrived 

14   here as infants with their parents and providing 

15   them an opportunity, those same children who we 

16   have educated and who we put through K through 12 

17   and we have a commitment as a community to 

18   support, we'd be having a different discussion.  

19                But this bill doesn't do that.  

20   Let's be frank, this isn't what that bill is 

21   about.  This bill opens the door far wider than 

22   that which we're discussing here.  

23                And this isn't about opportunity for 

24   people to go to college.  This great house and 

25   this great state and the people of this great 


                                                               927

 1   state made that decision back in 2002 when they 

 2   allowed in-state tuition for every resident in 

 3   New York State, including undocumented 

 4   immigrants.  

 5                So let's get that straight.  The 

 6   taxpayers of New York State today spend over 

 7   $22,000 a year for every student in the SUNY 

 8   system, over $22,000 a year.  The in-state 

 9   tuition for SUNY is $6,000.  My dear colleagues, 

10   the residents of my district, the residents of 

11   your district, the taxpayers of this great state 

12   are subsidizing every student in the SUNY system 

13   right now to the tune of $16,000 per student, 

14   today, because of the actions of this house and 

15   many of the people who are in this room today.

16                I have family that emigrated to this 

17   country.  I don't believe that that makes them an 

18   underclass.  Personally, I think we're beyond 

19   that.  When they came here, they came looking for 

20   opportunities for their children and a better 

21   life.  That's what this is about.  

22                This state is the most generous 

23   state in the country, bar none.  We take care of 

24   our own.  And to the extent that we have already, 

25   and to the extent that this bill goes well beyond 


                                                               928

 1   what we talked about in many of the examples that 

 2   we heard here today, I will be voting no.

 3                You know, someone said just because 

 4   someone is undocumented does not make them 

 5   unworthy of an education.  I agree.  I agree.  

 6   And this state agrees, and the taxpayers of this 

 7   state agree, and the residents of this state 

 8   agree.  That's why we have allowed for in-state 

 9   tuition for everybody.  For everybody.  But this 

10   bill goes well beyond that, far beyond that.  

11                And so until we are able to provide 

12   every student in this state with a free 

13   education -- graduate, undergraduate -- 

14   Mr. President, I'll be voting no.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Martins in the negative.  

17                Continue the roll.

18                THE SECRETARY:   Senator Maziarz.  

19                SENATOR MAZIARZ:   No.

20                THE SECRETARY:   Senator Montgomery.  

21                SENATOR MONTGOMERY:   Yes.

22                THE SECRETARY:   Senator Nozzolio.

23                SENATOR NOZZOLIO:   No.

24                THE SECRETARY:   Senator O'Brien.

25                SENATOR O'BRIEN:   No.


                                                               929

 1                THE SECRETARY:   Senator O'Mara.  

 2                SENATOR O'MARA:   No.

 3                THE SECRETARY:   Senator Parker.  

 4                SENATOR PARKER:   To explain my 

 5   vote, Mr. President.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Parker to explain his vote.

 8                SENATOR PARKER:   I rise to vote yes 

 9   on this bill.  But I think it's important for us 

10   to get the record straight on a few things.  

11                We shouldn't think about the money 

12   that we are putting into education to advance our 

13   citizenry as a subsidy.  It is an investment.  

14   It's an investment.  For years, you know, and 

15   Simcha Felder can back me up on this, we 

16   represented the same district in Borough Park.  

17   In Jewish culture the first thing that you build 

18   when you go into a community is a shul, a school.  

19   It's the first thing that you do.  Before you 

20   build a temple, before you do anything else, you 

21   build a school.  Because education has to be the 

22   prime thing that we do.  

23                And I think that I'm disheartened by 

24   the number of no votes that I'm hearing here, and 

25   I think that we don't understand how important it 


                                                               930

 1   is to educate our citizenry no matter what the 

 2   circumstances are in which they come here.

 3                But as we come and talk about the 

 4   circumstances in which our folks have come here, 

 5   we should be clear that what people's 

 6   grandparents and great-grandparents did in order 

 7   to become naturalized, let's not act like it's 

 8   the same process, because it's not.  Right?  

 9   Because what people are doing now to become 

10   citizens is very, very different than writing 

11   your name as you got off a boat.  That's 

12   different.  Right?  

13                Now people are getting background 

14   checks and all kinds of things that just 

15   literally did not exist a hundred years ago when 

16   people's grandparents got here.  So let's not 

17   pretend like there was some rigorous process that 

18   anybody went through and they got pledged and all 

19   that.  Because it wasn't that.  So let's be very 

20   clear about that.

21                Also, as we talk about TAP in 2010 

22   and the vote that was taken, that vote that was 

23   taken was not a vote on TAP for graduate 

24   students, it was actually a vote on an extender 

25   to extend government in which the Governor then 


                                                               931

 1   put other things in the extender and advanced the 

 2   budget.  It was a horrible vote.  It was horrible 

 3   that our budget process was in that state of 

 4   disrepair in 2010.  But that's what it was.  And 

 5   so we should have the record straight that there 

 6   was not a vote by Democrats to vote against 

 7   graduate TAP.

 8                However, there was an opportunity 

 9   just last week for the majority party to put 

10   graduate TAP in their resolution, and I did not 

11   see that in their resolution.  So correct me if 

12   I'm wrong, but I didn't see us putting graduate 

13   TAP back in the budget resolution.  Nor did I see 

14   us, you know, extending it for part-time students 

15   in a way that people could really access it.

16                So again, if we want to do those 

17   things, I'm happy to work with all of my 

18   colleagues in this body to see those things get 

19   done.  As both a graduate student myself and as a 

20   college professor, again, I think that stuff is 

21   absolutely critical for us to advance all of our 

22   citizenry and make sure that education becomes 

23   the primary value of this body.  

24                Thank you very much.  I vote aye.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               932

 1   Parker is recorded in the affirmative.

 2                I want to remind all members that in 

 3   accordance with the rules -- we have been 

 4   somewhat flexible with all members, but let's 

 5   exercise the two-minute explanation in voting and 

 6   explaining your votes.  

 7                The Secretary will continue the 

 8   roll.

 9                THE SECRETARY:   Senator Peralta.

10                SENATOR PERALTA:   To explain my 

11   vote.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Peralta to explain his vote.

14                SENATOR PERALTA:   Thank you, 

15   Mr. President.

16                Interesting points that were just 

17   recently made.  I don't know if some of my 

18   colleagues were in the room when I was speaking, 

19   but I think all of you were.  But the points that 

20   were made were they don't pay taxes.  

21                Well, let me reiterate.  In 2010, 

22   undocumented immigrants contributed an estimated 

23   $744,276,000 in taxes in New York State.  

24   Overall, in the country, $6 billion to $7 billion 

25   in Social Security contributions without W-2 


                                                               933

 1   forms.  The vast majority of that money comes 

 2   from undocumented immigrants.

 3                They can't work here.  Okay, let me 

 4   reiterate.  A lot of them will qualify for DACA.  

 5   Many of them could be independent contractors.  

 6   And most of them will be small business owners, 

 7   which don't need paperwork, in terms of this 

 8   issue, to move forward.

 9                Let's see.  It's not about young 

10   children, it's about -- it's not about young 

11   children and it's not about opportunity.  Well, 

12   it is about young children because many of these 

13   children have come here at a very young age, very 

14   young age.  And they qualify for DACA.  For those 

15   of you who don't know, DACA, you have to be here 

16   before the age of 16.  Many of those children did 

17   not make a decision on their own to come here, 

18   their parents brought them here.

19                Opportunity that will open the doors 

20   to illegals, to the undocumented.  Well, let me 

21   tell you this.  According to the Comptroller, the 

22   undocumented have decreased since 2004.  So 

23   there's not this mass opening of the floodgates.  

24                Actions that were taken by this very 

25   body in 2002, in-state tuition.  Well, let me 


                                                               934

 1   tell you this.  Sixteen Republicans voted for 

 2   in-state tuition in 2002, including Senator 

 3   Hannon and Senator Skelos.  So the action that 

 4   you're referring to in 2002 was passed by this 

 5   very body when the Republicans were in control.

 6                Another point, taxes.  It was very 

 7   well-articulated by my colleagues that, according 

 8   to a DiNapoli report, if you graduate with an 

 9   associate's degree, if you graduate with an 

10   associate's degree, that individual will pay over 

11   $30,000 in their lifetime in taxes.  If you 

12   graduate with a bachelor's degree, that 

13   individual will pay over $60,000 in their 

14   lifetime.  They will continue to pay taxes just 

15   like they're currently paying taxes.  

16                Let's be clear.  Let's not muffle or 

17   spin the issue.  Because I was very clear when I 

18   spoke in terms of taxes and when I spoke about 

19   the 2002 vote.  So please, let's be very clear in 

20   terms of what these individuals are doing to 

21   promote the betterment of New York State.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Peralta --

24                SENATOR PERALTA:   Thank you, 

25   Mr. President.  I vote in the affirmative.


                                                               935

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Peralta to be recorded in the affirmative.

 3                Continue the roll.

 4                THE SECRETARY:   Senator Perkins.  

 5                SENATOR PERKINS:   Aye.

 6                THE SECRETARY:   Senator 

 7   Ranzenhofer.

 8                SENATOR RANZENHOFER:   No.

 9                THE SECRETARY:   Senator Ritchie in 

10   the negative.

11                Senator Rivera.

12                SENATOR RIVERA:   Sí.

13                THE SECRETARY:   Senator Robach.

14                SENATOR ROBACH:   No.

15                THE SECRETARY:   Senator Sampson.  

16                SENATOR SAMPSON:   Aye.

17                THE SECRETARY:   Senator Sanders.  

18                SENATOR SANDERS:   Emphatically yes.

19                THE SECRETARY:   Senator Savino.

20                SENATOR SAVINO:   Yes.

21                THE SECRETARY:   Senator Serrano.

22                SENATOR SERRANO:   To explain my 

23   vote.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Serrano to explain his vote.


                                                               936

 1                SENATOR SERRANO:   I just want to 

 2   make clear, I believe and so many people believe 

 3   wholeheartedly that this is not a handout, this 

 4   is an opportunity for people to show their 

 5   strength, which is so much of what the American 

 6   dream is all about.  This is not a handout, this 

 7   is an opportunity to let people shine.

 8                And the business community, the 

 9   employers should really get behind this, because 

10   the DREAM Act can mean a better workforce for 

11   people who can go out there and actually do a 

12   better job building this economy.  

13                I vote yes.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Serrano to be recorded in the affirmative.

16                Continue the roll.

17                THE SECRETARY:   Senator Seward.

18                SENATOR SEWARD:   No.

19                THE SECRETARY:   Senator Skelos in 

20   the negative.

21                Senator Smith.

22                SENATOR SMITH:   Yes.

23                THE SECRETARY:   Senator Squadron.

24                SENATOR SQUADRON:   Yes.

25                THE SECRETARY:   Senator Stavisky.


                                                               937

 1                SENATOR STAVISKY:   To explain my 

 2   vote.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Stavisky to explain her vote.

 5                SENATOR STAVISKY:   When my mother's 

 6   family came to the United States in the 1840s, we 

 7   were looking for immigrants.  

 8                Secondly, let me clear up a couple 

 9   of misconceptions.  We in the past 50 years or so 

10   have had a totally different immigration policy 

11   than that which existed at that time.  We have 

12   highly restrictive immigration laws.  We have 

13   quotas.  We have the McCarran-Walter Act.  So 

14   it's a totally different concept.

15                Secondly, TAP will not take away -- 

16   the DREAM Act will not take away TAP from the 

17   existing students.  And in fact the students are 

18   not being subsidized, so to speak, in the sense 

19   that they pay a tremendous amount of the cost of 

20   their education.  And that amount leaves many 

21   students with tremendous student debt when they 

22   graduate.

23                And lastly, on behalf of the 

24   180,000 immigrants in my Senate district, from 

25   Elmhurst and Woodside to Flushing to Bayside and 


                                                               938

 1   Forest Hills, for their future I vote yes.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Stavisky to be recorded in the affirmative.

 4                Continue the roll.

 5                THE SECRETARY:   Senator 

 6   Stewart-Cousins.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Stewart-Cousins to explain her vote.

 9                SENATOR STEWART-COUSINS:   Yes, 

10   thank you.  And thank you, Mr. President.

11                I rise, frankly, to thank my 

12   colleagues who have worked so hard on this issue 

13   for so long.  Certainly Senator Peralta and 

14   Senator Espaillat and Senator Parker and 

15   Senator Diaz, who fights the good fight, and 

16   Senator Rivera, and all of -- all of the people 

17   who are standing and explaining and proclaiming 

18   and reminding us of our responsibility.  

19                And even my colleagues on the other 

20   side who talked about free tuition.  There was a 

21   time when there was free tuition.  

22                And we understand that education is 

23   opportunity.  When I stood here as the conference 

24   leader, I talked about that education and how 

25   that made the only difference.  In addition, 


                                                               939

 1   obviously, to the grounding of my parents in 

 2   faith.  But the education made the difference.  

 3   It allowed me to stand here.  And it will allow 

 4   generations of children and their children to be 

 5   able to stand in these chambers and so many other 

 6   places, because we understood in progressive 

 7   New York what a difference this makes. 

 8                And today we are saying that we 

 9   still are not ready in a bipartisan fashion to 

10   say "Go ahead, you have our blessings, you have 

11   an opportunity just to get a little extra aid."  

12   We want everyone to do that.  I wish it was in 

13   the budgets, our one-house budget that said yes, 

14   we can do that, because we know how important it 

15   is.  But we didn't do that.  

16                And once again, the Democrats have 

17   the lion's share of what would have been the safe 

18   passage of the DREAM Act, but it is not enough.  

19   Because like so many issues, we do need 

20   bipartisan support.

21                I am happy on some level that the 

22   galleries are not filled.  Because I guess if we 

23   had thought this was passing, we would have had 

24   the Dreamers here so that when we finally passed 

25   this opportunity for them, they would have been 


                                                               940

 1   able to applaud, and we would have told them 

 2   "Shhh, not allowed" while we quietly experienced 

 3   the thrill of yet another door being opened.  But 

 4   that's not going to be here today.

 5                I stand here to vote yes.  And I 

 6   stand here hoping that sooner than later we'll 

 7   have the galleries filled, we'll have the support 

 8   that we need on both sides of the aisle, and we 

 9   will say yes to young people who could be 

10   valedictorians but are unable to have employment 

11   opportunities and education opportunities because 

12   we weren't ready just now to say yes.  

13                But we will.  Dream on.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Stewart-Cousins to be recorded in the 

16   affirmative.

17                Continue the roll.

18                THE SECRETARY:   Senator Tkaczyk.  

19                SENATOR TKACZYK:   Yes.

20                THE SECRETARY:   Senator Valesky.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Valesky to explain his vote.

23                SENATOR VALESKY:   To explain my 

24   vote briefly, Mr. President.  

25                I'm voting yes on this bill.  I do 


                                                               941

 1   believe this is a matter of educational 

 2   opportunity for all New Yorkers.  

 3                But I'm also voting yes today for 

 4   the strength of this Majority Coalition.  And 

 5   Senator Klein and Senator Skelos -- no disrespect 

 6   to a number of members in this chamber who have 

 7   put a lot of work in and time in on this issue, 

 8   but the two individuals who are most responsible 

 9   for this bill being on the floor of the Senate 

10   today, with no preordained outcome before the 

11   bill came to the floor, clearly a very, very 

12   controversial issue -- Senator Klein and Senator 

13   Skelos showing perhaps the strongest day of this 

14   coalition yet.  That this is a coalition that 

15   works, it's a coalition that works for the people 

16   of the State of New York, and it's a coalition 

17   that's going to continue to work for the State of 

18   New York.  

19                I vote yes.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Valesky to be recorded in the affirmative.

22                Continue the roll.

23                THE SECRETARY:   Senator Young.

24                SENATOR YOUNG:   No.

25                THE SECRETARY:   Senator Zeldin.


                                                               942

 1                SENATOR ZELDIN:   No.

 2                ACTING PRESIDENT GRIFFO:   Announce 

 3   the results.

 4                THE SECRETARY:   Ayes, 30.  Nays, 

 5   29.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is lost.

 8                Senator Libous, that completes the 

 9   controversial reading.

10                SENATOR LIBOUS:   Mr. President, 

11   could we go back to motions and resolutions, 

12   please.

13                ACTING PRESIDENT GRIFFO:   We will 

14   return to motions and resolutions.

15                SENATOR LIBOUS:   On behalf of 

16   Senator Ritchie, Mr. President --

17                ACTING PRESIDENT GRIFFO:   Could I 

18   have some order in the chamber, please.  

19                Senator Libous.

20                SENATOR LIBOUS:   On behalf of 

21   Senator Ritchie, on page 21 I offer the following 

22   amendments to Calendar Number 252, Senate Print 

23   6693, and ask that said bill retain its place on 

24   the Third Reading Calendar.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               943

 1   amendments are received, and the bill shall 

 2   retain its place on third reading.

 3                SENATOR LIBOUS:   Mr. President, if 

 4   you could get some order.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Libous.

 7                SENATOR LIBOUS:   Thank you, 

 8   Mr. President.  

 9                I believe that there's a previously 

10   adopted resolution by Senator Montgomery.  It's 

11   Number 3328, it is at the desk.  Could you please 

12   read the title and call on Senator Montgomery.

13                ACTING PRESIDENT GRIFFO:   The 

14   Secretary will read.

15                THE SECRETARY:   Legislative 

16   Resolution Number 3328, by Senator Montgomery, 

17   commending Rear Admiral Wendi Carpenter, United 

18   States Navy, Retired, upon the occasion of being 

19   honored in conjunction with Women's History Month 

20   2014 in the State of New York.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Montgomery.  

23                SENATOR MONTGOMERY:   Yes, thank 

24   you, Mr. President.  

25                I rise to recognize another woman in 


                                                               944

 1   our state who has made a very significant and 

 2   important contribution to citizens, especially 

 3   young people, but to all of us in America.  It's 

 4   Rear Admiral Wendi Carpenter, USN, who's now 

 5   retired.  

 6                Rear Admiral Carpenter was among the 

 7   pioneers of women in naval aviation.  She was the 

 8   31st woman to be designated a naval aviator and 

 9   was the Navy's first woman aviator to attain the 

10   rank of rear admiral.

11                She deployed throughout the Pacific, 

12   the western U.S. and Alaska in support of the 

13   nation's strategic nuclear mission, flying the 

14   EC-130 Hercules.  She also operated VIP aircraft 

15   in support of numerous high-level officers and 

16   dignitaries, accumulating more than 3500 military 

17   flight hours.

18                She was promoted to Flag rank in 

19   March 2005.  Her Flag assignments were widely 

20   varied:  Naval base and regional facilities 

21   management, including crisis planning and 

22   incident response; development of cyber 

23   information and physical security plans while 

24   assigned to the chief of naval operations staff; 

25   deployment of plans and operational procedures 


                                                               945

 1   and processes for joint development staff; and 

 2   development of concepts, policies and procedures 

 3   for operational command and control by Navy 

 4   forces.

 5                And most recently, Rear Admiral 

 6   Carpenter became the tenth president of the State 

 7   University of New York Maritime College, in 

 8   August 2011, following her appointment by the 

 9   SUNY Board of Trustees.  

10                Admiral Carpenter has received 

11   numerous military and civilian awards, which 

12   include the Navy Distinguished Service Medal, 

13   Defense Superior Service Medal, Legion of Merit, 

14   Meritorious Service Medal, Navy Commendation 

15   Medal, Navy and Marine Corps Achievement Medal, 

16   and various unit awards.

17                She is a recipient of the Lifetime 

18   Community Service Award from the Federal Law 

19   Enforcement Foundation, as well as the Woman of 

20   Distinction Award from the Bronx Chamber of 

21   Commerce and the 2013 Women's Leadership Award 

22   presented by Congressman Joe Crowley.

23                Rear Admiral Carpenter is most proud 

24   of the Team Award received under her command when 

25   the 75-member Fleet Readiness and Logistics Staff 


                                                               946

 1   shared the 2001 Department of the Navy Chief of 

 2   Information Award for E-business in Government 

 3   for the rapid prototype and deployment of the 

 4   Navy staff's first web portal.

 5                I am especially pleased to be able 

 6   to stand and recognize a woman from the New York 

 7   State military who has performed admirably for 

 8   the state, for the U.S., and especially as 

 9   president of the SUNY Maritime College as part of 

10   the State University of New York.  I am pleased 

11   to honor her today in honor of Women's History 

12   Month.

13                Thank you, Mr. President.

14                ACTING PRESIDENT GRIFFO:   Thank 

15   you, Senator Montgomery.

16                As noted, the resolution was adopted 

17   on February 4th of 2014.

18                Senator Libous.

19                SENATOR LIBOUS:   Mr. President, at 

20   this time could we go to the reading of the 

21   noncontroversial calendar.

22                ACTING PRESIDENT GRIFFO:   The 

23   Secretary will read.

24                THE SECRETARY:   Calendar Number 22, 

25   by Senator Marcellino, Senate Print 3046C, an act 


                                                               947

 1   to amend the Legislative Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the 120th day.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   128, by Senator LaValle, Senate Print 6495, an 

14   act in relation to permitting.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               948

 1   190, by Senator Marcellino, Senate Print 1516A, 

 2   an act to amend the Education Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT GRIFFO:   Announce 

11   the results.

12                THE SECRETARY:   In relation to 

13   Calendar Number 190, those recorded in the 

14   negative are Senators Dilan, Hassell-Thompson, 

15   Krueger, Montgomery, Parker, Sanders, Serrano and 

16   Stewart-Cousins.  Also Senator Hoylman.  

17                Ayes, 51.  Nays, 9.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.  

20                Reannounce the results.

21                THE SECRETARY:   In relation to 

22   Calendar Number 190, those recorded in the 

23   negative are Senators Dilan, Espaillat, 

24   Hassell-Thompson, Hoylman, Krueger, Montgomery, 

25   Parker, Perkins, Rivera, Sanders, Serrano and 


                                                               949

 1   Stewart-Cousins.

 2                Ayes, 48.  Nays, 12.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   195, by Senator Ranzenhofer, Senate Print 1437, 

 7   an act to amend the Correction Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect on the first of November.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT GRIFFO:   Announce 

16   the results.

17                THE SECRETARY:   In relation to 

18   Calendar Number 195, those recorded in the 

19   negative are Senators Dilan, Hassell-Thompson, 

20   Hoylman, Krueger, Montgomery, Parker, Perkins, 

21   Rivera, Serrano and Sanders.

22                Ayes, 50.  Nays, 10.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               950

 1   225, by Senator Carlucci, Senate Print 6513, an 

 2   act in relation to authorizing.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT GRIFFO:   Announce 

11   the results.

12                THE SECRETARY:   Ayes, 57.  Nays, 3.  

13                Senators Hoylman, Krueger and 

14   Stavisky recorded in the negative.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                Senator Libous, that completes the 

18   noncontroversial reading of the calendar.

19                SENATOR LIBOUS:   Thank you, 

20   Mr. President.  

21                At this time we have a hand-up from 

22   Senator Klein and Senator Skelos.

23                ACTING PRESIDENT GRIFFO:   Received 

24   and filed in the Journal.

25                Senator Libous.  


                                                               951

 1                SENATOR LIBOUS:   Mr. President, is 

 2   there any further business at the desk?  

 3                ACTING PRESIDENT GRIFFO:   There is 

 4   no further business before the desk.

 5                SENATOR LIBOUS:   There being no 

 6   further business, I move that the Senate adjourn 

 7   until Tuesday, March 18th, at 3:00 p.m.

 8                ACTING PRESIDENT GRIFFO:   On 

 9   motion, the Senate stands adjourned until 

10   Tuesday, March 18th, at 3:00 p.m. 

11                Senate adjourned.

12                (Whereupon, at 6:30 p.m., the Senate 

13   adjourned.)

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