Regular Session - January 7, 2015
1
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 January 7, 2015
11 12:20 p.m.
12
13
14 REGULAR SESSION
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19
20
21 SENATOR JOSEPH GRIFFO, Acting President
22 FRANCIS W. PATIENCE, Secretary
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24
25
2
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 everyone present to please
5 rise and repeat with me the Pledge of Allegiance
6 to our Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: Our
10 invocation today will be given by the
11 Most Reverend Edward B. Scharfenberger, the
12 Bishop of the Roman Catholic Diocese of Albany.
13 Bishop Scharfenberger.
14 BISHOP SCHARFENBERGER: God of
15 goodness and mercy, ever present, ever kind, we
16 seek Your truth and guidance. Clear our wits
17 and enlighten our consciences so that our every
18 thought, word and action may be for the good of
19 all we serve.
20 As Your sun shines on all Your
21 creatures, so too may our actions and
22 deliberations be directed not by individual gain
23 but by the demands of justice and right, with
24 trust in the truth of Your love for all, without
25 regard for worldly status or position.
3
1 Help us to be good and faithful
2 public servants. Bless us and all the people of
3 our Empire State. May we lead as well by
4 example.
5 In Your holy name, amen.
6 ACTING PRESIDENT GRIFFO: We thank
7 you, Bishop Scharfenberger, for the
8 Roman Catholic Diocese of Albany.
9 The chair will now hand down a
10 message from the State Board of Elections, being
11 the official certification of duly elected
12 members of the Senate, and directs that the same
13 be filed. So handed down and so ordered.
14 I would now like to ask, if there's
15 any Senator who is present who has not taken
16 their oaths of office, to please rise.
17 (No response.)
18 ACTING PRESIDENT GRIFFO: Well
19 done.
20 (Laughter.)
21 ACTING PRESIDENT GRIFFO: The
22 Secretary will call the roll to ascertain a
23 quorum.
24 THE SECRETARY: Senator Addabbo.
25 SENATOR ADDABBO: Here.
4
1 THE SECRETARY: Senator Amedore.
2 SENATOR AMEDORE: Here.
3 THE SECRETARY: Senator Avella.
4 SENATOR AVELLA: Here.
5 THE SECRETARY: Senator Bonacic.
6 SENATOR BONACIC: Here.
7 THE SECRETARY: Senator Boyle.
8 SENATOR BOYLE: Here.
9 THE SECRETARY: Senator Breslin.
10 SENATOR BRESLIN: Here.
11 THE SECRETARY: Senator Carlucci.
12 SENATOR CARLUCCI: Here.
13 THE SECRETARY: Senator Comrie.
14 SENATOR COMRIE: Here.
15 THE SECRETARY: Senator Croci.
16 SENATOR CROCI: Here.
17 THE SECRETARY: Senator
18 DeFrancisco.
19 SENATOR DeFRANCISCO: Here.
20 THE SECRETARY: Senator Díaz.
21 SENATOR DIAZ: (In the
22 affirmative.)
23 THE SECRETARY: Senator Dilan.
24 SENATOR DILAN: Present.
25 THE SECRETARY: Senator Espaillat.
5
1 SENATOR ESPAILLAT: Here.
2 THE SECRETARY: Senator Farley.
3 SENATOR FARLEY: Here.
4 THE SECRETARY: Senator Felder.
5 SENATOR FELDER: Here.
6 THE SECRETARY: Senator Flanagan.
7 SENATOR FLANAGAN: Here.
8 THE SECRETARY: Senator Funke.
9 SENATOR FUNKE: Here.
10 THE SECRETARY: Senator Gallivan.
11 SENATOR GALLIVAN: Here.
12 THE SECRETARY: Senator Gianaris.
13 SENATOR GIANARIS: Here.
14 THE SECRETARY: Senator Golden.
15 (Senator Golden noted as present.)
16 THE SECRETARY: Senator Griffo.
17 SENATOR GRIFFO: Here.
18 THE SECRETARY: Senator Hamilton.
19 SENATOR HAMILTON: Here.
20 THE SECRETARY: Senator Hannon.
21 SENATOR HANNON: Here.
22 THE SECRETARY: Senator
23 Hassell-Thompson.
24 SENATOR HASSELL-THOMPSON: Here.
25 THE SECRETARY: Senator Hoylman.
6
1 (No response.)
2 THE SECRETARY: Senator Kennedy.
3 SENATOR KENNEDY: Here.
4 THE SECRETARY: Senator Klein.
5 SENATOR KLEIN: Here.
6 THE SECRETARY: Senator Krueger.
7 SENATOR KRUEGER: Here.
8 THE SECRETARY: Senator Lanza.
9 SENATOR LANZA: Here.
10 THE SECRETARY: Senator Larkin.
11 SENATOR LARKIN: Here.
12 THE SECRETARY: Senator Latimer.
13 SENATOR LATIMER: Here.
14 THE SECRETARY: Senator LaValle.
15 SENATOR LaVALLE: Here.
16 THE SECRETARY: Senator Libous.
17 SENATOR LIBOUS: Good to be here.
18 (Laughter.)
19 ACTING PRESIDENT GRIFFO: We have
20 achieved a quorum. The Senate has a quorum
21 present.
22 Senator Libous.
23 SENATOR LIBOUS: Thank you,
24 Mr. President.
25 Mr. President, there is a resolution
7
1 at the desk by Senator Young. I would ask that
2 the resolution be read and that it be moved for
3 its immediate adoption, please.
4 ACTING PRESIDENT GRIFFO: The
5 Secretary will read.
6 THE SECRETARY: Senate Resolution
7 by Senator Young, providing for the election of
8 Dean G. Skelos as Temporary President of the
9 Senate for the years 2015-2016.
10 ACTING PRESIDENT GRIFFO: The
11 resolution is before the house.
12 Senator Gianaris, why do you rise?
13 SENATOR GIANARIS: Mr. President, I
14 believe there's a substitute resolution at the
15 desk. I ask that you read the title and move for
16 its immediate adoption, and I ask for the
17 opportunity to be heard.
18 ACTING PRESIDENT GRIFFO: There is
19 a substitution before the desk.
20 The Secretary will read.
21 THE SECRETARY: Senate Resolution
22 by Senator Gianaris, providing for the election
23 of Andrea Stewart-Cousins as Temporary President
24 and Majority Leader of the Senate for 2015-2016.
25 ACTING PRESIDENT GRIFFO: The chair
8
1 recognizes Senator Gianaris for remarks.
2 SENATOR GIANARIS: Thank you,
3 Mr. President. And Happy New Year to you and all
4 my colleagues.
5 Two years ago my conference formally
6 recognized as a leader Senator Andrea
7 Stewart-Cousins. But of course that was only
8 formal, because she has been a leader her whole
9 life and has led by example in some of the -- in
10 her personal story and the great success she's
11 had, has led as a local official on issues of
12 civil rights and protecting the people of
13 Westchester, and of course has led here among us
14 in the Senate chamber for the last several years,
15 the last two of which has been as the leader of
16 our conference.
17 And in that role she has brought
18 great credibility to the Democratic Conference.
19 She has brought a great reputation for integrity
20 to the Democratic Conference. And in fact she
21 has been a leader without being the
22 Majority Leader over the last two years, and
23 helping move this state forward on so many
24 issues.
25 And I would submit to my colleagues
9
1 that she is incredibly well-equipped. The
2 election, as everyone knows, would be historic,
3 since we've never had a female Majority Leader in
4 either chamber in New York State. And I think
5 she would serve us well as a leader of our entire
6 body.
7 And so, Mr. President, I ask my
8 colleagues to support this substitute resolution
9 which provides for the election of Andrea
10 Stewart-Cousins as Temporary President and
11 Majority Leader for this coming session.
12 ACTING PRESIDENT GRIFFO: Thank
13 you, Senator Gianaris.
14 On the substitute resolution offered
15 by Senator Gianaris, all those in favor will
16 signify by saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT GRIFFO: Opposed?
19 (Response of "Nay.")
20 ACTING PRESIDENT GRIFFO: The
21 resolution fails.
22 (Laughter.)
23 ACTING PRESIDENT GRIFFO:
24 Senator Valesky, why do you --
25 (Laughter.)
10
1 ACTING PRESIDENT GRIFFO: Thank
2 you, Senator Díaz.
3 Senator Valesky, why do you rise?
4 SENATOR VALESKY: Yes,
5 Mr. President --
6 ACTING PRESIDENT GRIFFO: May I
7 have some order in the chamber, please? We have
8 a lot of people here and a lot of business. And
9 it's great to have everybody here today, but I
10 would ask for some order and decorum so we may
11 hear the members.
12 Senator Valesky, you may continue.
13 SENATOR VALESKY: Thank you,
14 Mr. President.
15 I believe there is another
16 substitute resolution at the desk. I ask that
17 the reading of that resolution be waived and have
18 the opportunity to speak on it.
19 ACTING PRESIDENT GRIFFO: The
20 Secretary will read.
21 THE SECRETARY: Senate Resolution
22 by Senator Valesky, providing for the election of
23 Jeffrey D. Klein as Temporary President and
24 Majority Leader of the Senate for 2015-2016.
25 ACTING PRESIDENT GRIFFO: Senator
11
1 Valesky on the resolution.
2 SENATOR VALESKY: Thank you very
3 much, Mr. President.
4 I'd like to just take a few moments
5 this afternoon, as we reconvene and come together
6 in this new Senate to do the people's business,
7 to talk first, though, about a friend of mine, a
8 colleague of mine, a colleague of really all of
9 ours here in this Senate chamber, someone who
10 I've been proud to not only call a colleague but
11 a friend, and that is Senator Jeff Klein.
12 Jeff, as many of you know who have
13 worked with him over the years, is certainly one
14 of the hardest-working, most tenacious and
15 dedicated public servants. The years that we
16 have worked together I've always been impressed
17 with the energy that he has shown, the drive that
18 he shows, the passion for public service that he
19 brings to work each and every day, not only for
20 the residents of his Senate district but for all
21 19.5 million New Yorkers.
22 You know, a few years back he and I
23 and a handful of other colleagues here today
24 discussed the idea of forming a new conference,
25 an independent conference, an independent
12
1 Democratic conference. I had shared Jeff's
2 frustration at the time that the work we were
3 elected to do as Senators was being in many ways
4 hijacked by a hyperpartisan bickering and
5 gridlock, and I certainly gave him my full
6 support as leader of an independent conference.
7 And in the past four years, under
8 Jeff's leadership, the IDC has proven time and
9 again to be a strong, sensible, stable force for
10 governing in the Empire State.
11 Our conference, under Jeff's
12 leadership, has bridged and helped to form a
13 lasting bridge of the political divide that once
14 paralyzed this legislative body, and we have put
15 forth dozens of commonsense policies and
16 proposals that have been signed into law by
17 Governor Cuomo and that have made a meaningful
18 difference in people's lives.
19 This year is no different. Anyone
20 who knows Jeff knows that he is a true student of
21 history. And our "New Deal for New York" package
22 on how to smartly invest the $5 billion in
23 financial settlement monies was his brainchild, a
24 page from the past, a Roosevelt-inspired plan
25 that can be put to practice today to create
13
1 thousands of good-paying jobs. And we'll
2 certainly have an opportunity to discuss that
3 further, I'm sure, as the session continues.
4 And that, in essence, is what Jeff
5 and Jeff's leadership is all about: Putting
6 smart, commonsense ideas forward that lift up and
7 empower the New York worker, that support our
8 families, that provide for our seniors, that care
9 for our children, that preserve our
10 neighborhoods, that fight for our communities,
11 and that create a better quality of life for all
12 New Yorkers.
13 He is relentless in setting goals
14 and in finding ways to achieve them. No one has
15 their eye on the ball or their ear to the ground
16 as does Jeff Klein. Whether at a senior center
17 in Morris Park in the Bronx, a community meeting
18 in Riverdale, or knee-deep in budget talks,
19 Jeff Klein is always 100 percent committed to his
20 job and to serving the people of the State of
21 New York.
22 And I can honestly say that I have
23 never seen anyone fight harder, work longer, or
24 be more invested than Jeff Klein. And as a
25 result, Mr. President, I proudly stand here and
14
1 support the nomination of Jeff Klein as
2 Temporary President of the Senate.
3 Thank you.
4 ACTING PRESIDENT GRIFFO: Thank
5 you, Senator Valesky.
6 The question is on the substitute
7 resolution offered by Senator Valesky. All those
8 in favor signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT GRIFFO: Opposed?
11 (Response of "Nay.")
12 ACTING PRESIDENT GRIFFO: The
13 resolution fails.
14 On the resolution before the house,
15 the chair recognizes Senator Young.
16 SENATOR YOUNG: Thank you,
17 Mr. President.
18 It truly is a deep honor and a
19 privilege to rise to nominate the
20 Temporary President of the New York State Senate.
21 The people of New York State need to have a
22 Senate leader who is a tireless worker, someone
23 who listens and takes action, someone who
24 understands what New Yorkers face in their
25 everyday lives -- the trials and the
15
1 tribulations, the joys and the sorrows, the hopes
2 and the dreams, the aspirations for a brighter
3 future for themselves and for their families.
4 We need someone who has the courage
5 to make the difficult decisions, someone willing
6 to give his strength to others and inspire others
7 to do great things.
8 The person I am nominating today
9 has not only earned the trust of his fellow
10 Senate colleagues, but his legacy is one of
11 public service and accomplishments on behalf of
12 all New Yorkers. This leader learned his work
13 ethic early on during his childhood, working in a
14 small business alongside his family members in a
15 bakery. Like other families, they faced
16 heartaches and hardships, yet this leader went on
17 to achieve a distinguished record both
18 academically and professionally.
19 In this chamber he fought for senior
20 citizens as chair of the Committee on Aging and
21 led the way for the adoption of Megan's Law to
22 protect our children from repeat sex offenders.
23 He has strengthened education and learning for
24 our young people and has strived to create jobs
25 and economic growth for families all across
16
1 New York State.
2 His focus on families is rooted in
3 his deep love for his own family, and his
4 greatest joy is being a father and a grandfather.
5 That is why he believes profoundly in
6 accomplishing public policy that will give
7 everyone the opportunity to succeed.
8 One of our founding American
9 presidents, John Quincy Adams, said: "If your
10 actions inspire others to dream more, learn more,
11 do more and become more, you are a leader." We
12 are fortunate to have a leader who possesses all
13 of these remarkable qualifications.
14 I am proud to nominate Senator Dean
15 G. Skelos as Temporary President of the New York
16 State Senate.
17 ACTING PRESIDENT GRIFFO: Thank
18 you, Senator Young.
19 The question is on the resolution
20 before the house. All those in favor signify by
21 saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT GRIFFO: Opposed?
24 (Response of "Nay.")
25 ACTING PRESIDENT GRIFFO: The
17
1 resolution is carried.
2 Congratulations, Senator Skelos.
3 (Lengthy standing ovation.)
4 ACTING PRESIDENT GRIFFO: I would
5 ask that Senator Skelos please come forward. He
6 will be sworn in today by his brother, New York
7 State Justice of the Supreme Court Peter Skelos.
8 He will be joined, and we're very
9 honored to have in the chamber today his father,
10 Basil, as well as his wife, Gail, and son, Adam.
11 Welcome. And it's an honor and
12 privilege to have you all here.
13 Judge Skelos?
14 JUDGE SKELOS: Put your left hand on
15 the Bible and raise your right hand and repeat
16 after me: I, Dean G. Skelos --
17 SENATOR SKELOS: I, Dean G.
18 Skelos --
19 JUDGE SKELOS: -- do solemnly
20 swear --
21 SENATOR SKELOS: -- do solemnly
22 swear --
23 JUDGE SKELOS: -- that I will uphold
24 the Constitution of the United States of
25 America --
18
1 SENATOR SKELOS: -- that I will
2 uphold the Constitution of the United States of
3 America --
4 JUDGE SKELOS: -- and the
5 Constitution of the State of New York --
6 SENATOR SKELOS: -- and the
7 Constitution of the State of New York --
8 JUDGE SKELOS: -- and that I will
9 faithfully discharge the duties --
10 SENATOR SKELOS: -- and I will
11 faithfully discharge the duties --
12 JUDGE SKELOS: -- of the office --
13 SENATOR SKELOS: -- of the
14 office --
15 JUDGE SKELOS: -- of Temporary
16 President of the New York State Senate --
17 SENATOR SKELOS: -- of Temporary
18 President of the New York State Senate --
19 JUDGE SKELOS: -- to the best of my
20 ability --
21 SENATOR SKELOS: -- to the best of
22 my ability --
23 JUDGE SKELOS: -- so help me God.
24 SENATOR SKELOS: -- so help me God.
25 (Standing ovation.)
19
1 ACTING PRESIDENT GRIFFO: Senator
2 Libous.
3 SENATOR LIBOUS: Thank you,
4 Mr. President.
5 I believe there's a resolution at
6 the desk, and I ask that its title be read and we
7 move for its immediate adoption, for the election
8 of the Secretary of the Senate.
9 ACTING PRESIDENT GRIFFO: The
10 Secretary will read.
11 THE SECRETARY: Senate Resolution
12 by Senator Skelos, that Francis W. Patience of
13 Latham, New York, be, and he hereby is elected
14 Secretary of the Senate for the years 2015-2016.
15 ACTING PRESIDENT GRIFFO: The
16 question is on the resolution before the house.
17 All in favor signify by saying aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT GRIFFO: Opposed?
20 (No response.)
21 ACTING PRESIDENT GRIFFO: It's
22 unanimous.
23 (Laughter.)
24 ACTING PRESIDENT GRIFFO: The
25 resolution is adopted.
20
1 (Applause.)
2 ACTING PRESIDENT GRIFFO:
3 Mr. Patience will now be sworn in by our
4 Temporary President, Senator Dean Skelos.
5 Senator Skelos.
6 SENATOR SKELOS: Before I swear
7 Frank in, I want to say what a special person he
8 is. Please sit down. I think everybody in the
9 Senate knows that. Whether you're Republican
10 Conference, Democrat Conference, IDC Conference,
11 he treats everybody with the respect that members
12 deserve.
13 So, Frank, I'm very proud to be able
14 to swear you in right now. Thank you.
15 Please raise your right hand and
16 repeat after me: I do solemnly swear --
17 MR. PATIENCE: -- I do solemnly
18 swear --
19 SENATOR SKELOS: -- that I will
20 support the Constitution of the United States --
21 MR. PATIENCE: -- that I will
22 support the Constitution of the United States --
23 SENATOR SKELOS: -- and the
24 Constitution of the State of New York --
25 MR. PATIENCE: -- and the
21
1 Constitution of the State of New York --
2 SENATOR SKELOS: -- and that I will
3 faithfully discharge the duties --
4 MR. PATIENCE: -- and that I will
5 faithfully discharge the duties --
6 SENATOR SKELOS: -- of the office
7 of Secretary of the Senate of the State of
8 New York --
9 MR. PATIENCE: -- of the office of
10 the Secretary of the Senate of the State of
11 New York --
12 SENATOR SKELOS: -- according to
13 the best of my ability --
14 MR. PATIENCE: -- according to the
15 best of my ability --
16 SENATOR SKELOS: -- so help me God.
17 MR. PATIENCE: -- so help me God.
18 (Applause.)
19 ACTING PRESIDENT GRIFFO:
20 Congratulations, Mr. Patience.
21 Senator Libous.
22 SENATOR LIBOUS: Thank you,
23 Mr. President.
24 At this time I would like to hand up
25 the following resolution and ask that the title
22
1 be read, and I would ask that we move for its
2 immediate adoption, please.
3 ACTING PRESIDENT GRIFFO: The
4 resolution is before the desk, and the Secretary
5 will read.
6 THE SECRETARY: Senate Resolution
7 by Senator Skelos, to adopt the Rules of the
8 Senate for the years 2015-2016.
9 ACTING PRESIDENT GRIFFO: Senator
10 Squadron, why do you rise?
11 SENATOR SQUADRON: Thank you. If I
12 could ask the sponsor of the resolution a few
13 questions, Mr. President.
14 ACTING PRESIDENT GRIFFO: Senator
15 Hannon, do you yield?
16 SENATOR SQUADRON: Thank you.
17 Happy New Year to the sponsor, the President, all
18 assembled.
19 Before we adopt these rules, I think
20 it's critical that we engage a little bit in the
21 understanding of them. Unfortunately, the Senate
22 Democratic Conference did not receive them even
23 24 hours before we are now voting on them and
24 adopting them over the course of this session.
25 Which is certainly disappointing, a disappointing
23
1 way to begin.
2 But nonetheless, I think it's
3 important that we do discuss these. So I hope
4 the sponsor forgives me up-front if any of these
5 questions are immediately apparent to anyone who
6 has had more than a couple of hours to look at
7 these rules.
8 But I point the sponsor to Rule 7,
9 where I think in new language that we've never
10 seen in any prior rules before this body we see,
11 in the second paragraph of Rule 7, Section 1,
12 that the Temporary President, in consultation
13 with the Independent Democratic Conference
14 leader, shall refer bills or designate an officer
15 to refer bills to the appropriate standing
16 committee. Bills shall be referred in accordance
17 with a set of guidelines to be published
18 annually, et cetera, to the end of that
19 paragraph. If the sponsor sees that paragraph.
20 And if the sponsor would just sort
21 of speak to what the purpose of that is. This
22 consultation between the Temporary President and
23 the leader of the Independent Democratic
24 Conference is new. If the sponsor could speak to
25 how those who drafted these rules see that
24
1 playing out.
2 ACTING PRESIDENT GRIFFO: Senator
3 Hannon.
4 SENATOR HANNON: I think the
5 overall purpose of these rules is to reflect the
6 results of the election last November and to
7 reflect the realities of coming together with the
8 Majority Coalition, the Republicans and the IDC,
9 and to try to provide for, as best one can do in
10 black and white, a decision-making process as to
11 how this chamber will be run, how we will proceed
12 with the business of the people of the State of
13 New York. So there is throughout these rules
14 references to the Majority Coalition, to the IDC,
15 and to try to reflect that.
16 SENATOR SQUADRON: If the sponsor
17 would continue to yield.
18 ACTING PRESIDENT GRIFFO: Senator
19 Hannon, do you yield?
20 The Senator yields.
21 SENATOR SQUADRON: And in
22 particular throughout these rules, again as we've
23 reviewed them quite quickly here at the eleventh
24 hour, we've seen this word "in consultation."
25 And I'd just want some further understanding of
25
1 how that's seen and the purpose of that, how that
2 will play out.
3 SENATOR HANNON: I would simply say
4 that it would have its commonsense meaning and --
5 to have one officer consult with the other. I
6 don't think there's any other special meaning
7 that one can attribute to it. And it would be
8 the idea of moving legislation forward in this
9 chamber.
10 SENATOR SQUADRON: If the sponsor
11 would continue to yield.
12 SENATOR HANNON: Yes.
13 ACTING PRESIDENT GRIFFO: The
14 sponsor yields.
15 SENATOR SQUADRON: We see this
16 consultation between the two leaders occur in
17 Rule 7, second paragraph; in Rule 7 still, in
18 Section 5, which has to do with the dates on
19 which resolutions are in order; in paragraph 9 --
20 Section 9, excuse me, of Rule 7, which has to do
21 with who sort of is determining which resolutions
22 are in order. We see it in the final section of
23 Rule 7, which is also 9, in paragraph E, which is
24 having to do with sort of whether the coalition
25 leaders deem resolutions to be proper.
26
1 We see it again in Rule 8, having to
2 do -- and again, forgive me, because this is all
3 very new to us. My sheet is not quite warm, but
4 nearly -- in sort of how the minutes of meetings
5 are distributed.
6 Is that fair to say? That's a fair
7 analysis? Have I missed any of the consultative
8 rules?
9 SENATOR HANNON: Well, you seem to
10 have read the rules pretty well.
11 SENATOR SQUADRON: Thank you.
12 SENATOR HANNON: This is basically
13 what we've always had. This does put into print
14 a partnership between the members of the
15 coalition, nothing more and nothing less.
16 SENATOR SQUADRON: Great. And if
17 the sponsor would continue to yield.
18 SENATOR HANNON: Yes.
19 ACTING PRESIDENT GRIFFO: The
20 sponsor yields.
21 SENATOR SQUADRON: And is it fair
22 to say that these are sort of some of the
23 functions of the house that have to do with the
24 sort of nonpartisan ministerial functions? Very,
25 very important ones, by the way, I would point
27
1 out.
2 As you know, I believe that the way
3 the rules are written and then enacted is the
4 core tool that we use to be able to help our
5 constituents and improve the state. And so I
6 certainly think these are important features.
7 But is it fair to say they are ministerial ones,
8 largely?
9 SENATOR HANNON: I'm not going to
10 get into any of those characterizations. These
11 are basically the rules that we as a Senate for
12 many, many years have used. We've tried to move
13 things forward, we've tried to be fair to all
14 sides and all views, give people fair hearing.
15 And to the extent that one ever has to adjust for
16 circumstances, you try to do that.
17 But this is -- the expectation is
18 what we have done in the past continues as spirit
19 for the future.
20 SENATOR SQUADRON: Thank you very
21 much.
22 On the resolution.
23 ACTING PRESIDENT GRIFFO: Senator
24 Squadron on the resolution.
25 SENATOR SQUADRON: And I appreciate
28
1 that description. I appreciate the opportunity
2 to better understand these rules.
3 You know, I think that something
4 that was clear in what Senator Hannon had said in
5 describing them is talking about a partnership,
6 talking about the -- I think he used the phrase
7 "the commonsense definition of consultation,"
8 which is I believe is collaborative and in
9 working together. I support those things.
10 Personally, I think that's a very positive way to
11 write rules and those are things that we should
12 have in the Senate Rules. And I understand that
13 they are here for two of the three conferences.
14 The question that I would ask is
15 why, especially in these sorts of functions, we
16 wouldn't have that same level of consultation and
17 collaboration with all three conferences. I
18 think that when you talk about who's determining
19 what committees bills get introduced to, when
20 you're talking about issues like occurred with me
21 last year where I had a bill that had properly
22 been introduced into a committee, had properly
23 had a motion for committee consideration
24 introduced, and ended up getting pulled by the
25 Rules Committee based on no clear guidelines or
29
1 guidance, I think a more bipartisan, fairer
2 process is exactly what we need.
3 And so the fact that it's being
4 written into the rules here I think raises an
5 important question, which is why couldn't, for
6 these functions especially, all three conference
7 leaders be consulted? Why couldn't we have a
8 process -- obviously the number of votes in the
9 house are the number of votes in the house -- but
10 where the Democratic Conference leader, Senator
11 Stewart-Cousins, is also consulted and also
12 brought to the table on these questions?
13 It seems to me that's the kind of
14 legislative body where all of our 19 million
15 constituents, where everyone in this state --
16 whether they happen to have elected a member of
17 the Democratic or the Independent Democratic or
18 the Republican Conference -- would have a real
19 say in how we're organizing ourselves and running
20 ourselves.
21 So to me what's striking is the
22 absence of the Democratic Conference leader in
23 these rules and in this consultation. I think
24 that, as Senator Hannon said, there shouldn't be
25 anything new to the concept of consultation. We
30
1 know that these are features and functions that
2 have been run in this house for a long time. But
3 I think it's disappointing that we don't have a
4 house that lives up to what Senator Griffo and
5 Senator Bonacic called for in the minority report
6 of the Valesky committee that I was proud to sit
7 on in 2009, which is a truly nonpartisan
8 functioning of many of these features, one in
9 which the majority and minority conferences -- we
10 only had two at the time, but whether we had
11 three or four conferences or however many, all
12 have an ability to be part of these things, so
13 that we don't see the sorts of shenanigans that a
14 very important bill that I sponsor was victim to
15 last year that I think we all know, if we were
16 being honest with ourselves when we look in the
17 mirror, have too often plagued this house.
18 And so I find that rule change to be
19 sort of a glimmer of potential sunlight that we
20 don't quite get to dawn on today. And I think
21 that's a real shame, and I would urge an
22 amendment of the rules to include all three
23 conference leaders in those features where two
24 are now included. Certainly it would lead to a
25 more robust democracy, a fairer,
31
1 better-structured house.
2 The other point I want to make on
3 these rules very briefly is I see that
4 Senator Rules continues to exist every bit as
5 vibrantly as ever. We have a whole number of new
6 Senators this year, and I welcome all of you. It
7 is a great honor to serve with you and I know for
8 you, as for me, a great honor to represent your
9 constituents in this house.
10 You may not know that you were
11 joining a 64th Senator, Senator Rules, who under
12 these rules -- and, in fairness, many in the
13 past -- has the power to refer bills to itself,
14 has the power to grab bills from any other
15 committee and do as Senator Rules, he or she --
16 I'm not certain -- deems fit. And it's something
17 that has, as I think many of my colleagues know,
18 frustrated me for a long time.
19 But it's something that really gets
20 to the core of who we are as a legislative body.
21 Because really what Senator Rules is is a way to
22 break all the other rules. And what
23 Senator Rules is is a way to undermine the entire
24 committee process, the entire process of open
25 debate, the process whereby -- not nearly
32
1 sufficiently, but whereby there is some ability
2 for minority members, every member of a
3 committee, to have a say in what happens on that
4 committee. And the powers given to
5 Senator Rules, and in fact slightly expanded this
6 year from two years ago, fundamentally undermine
7 that.
8 An enormous percentage of all of the
9 bills that we pass this year aren't going to be
10 seen by any of our committees ranked by the
11 minority members, chaired by the Coalition
12 Majority members. They're going to, at the end
13 of the year in the last two weeks, get pulled to
14 Rules Committee agendas that are thicker than the
15 pad on my desk. They are going to pass in about
16 10 seconds flat, and they will never get the kind
17 of due consideration and conversation that I know
18 Senator Nozzolio and I were pleased to and had
19 the opportunity to -- to the great credit of
20 Senator Nozzolio -- deal with on the
21 Codes Committee in the last two years, that I
22 know Senator Krueger and Senator DeFrancisco have
23 on the Finance Committee, that so many of my
24 other colleagues have in collaborative
25 relationships, consultative relationships with
33
1 their chairs.
2 And the fact that the Rulesapalooza
3 at the end of session will continue again this
4 year without any change won't just undermine what
5 happens at the end of session, but is going to
6 undermine the committee process throughout the
7 session.
8 And, you know, this committee
9 process really is the last bastion of
10 bipartisanship, of collaboration, that we have.
11 And so what that means is that the ability for
12 every Senator to speak up on behalf of their
13 constituents, on behalf of their colleagues from
14 their side of the aisle, is being undermined by
15 the fact that Senator Rules, with all of the
16 turnover we've had, unfortunately continues in
17 this house and continues in his or her robust,
18 strengthened leadership position.
19 So I would also urge that we go back
20 on that rule and that we change Rulesapalooza so
21 that the Rules Committee doesn't trump every
22 other committee for the last three weeks of
23 session, and so that the Rules Committee no
24 longer has the ability to act like a Senator
25 without any of the accountability or transparency
34
1 that all the rest of the Senators, all the rest
2 of the bills must undergo.
3 Thank you, Mr. President.
4 ACTING PRESIDENT GRIFFO: Thank
5 you, Senator Squadron.
6 Senator Krueger.
7 SENATOR KRUEGER: Thank you,
8 Mr. President.
9 Would the sponsor please yield to
10 some questions?
11 ACTING PRESIDENT GRIFFO: Senator
12 Hannon, do you yield?
13 SENATOR HANNON: I'll yield to a
14 question.
15 SENATOR KRUEGER: Thank you.
16 Can the sponsor tell me the ratio,
17 percentage breakdown in this session of actual
18 Democratic caucus -- conference members,
19 Republican conference members, and IDC members by
20 percentage?
21 SENATOR HANNON: I don't have that
22 at hand.
23 SENATOR KRUEGER: Through you,
24 Mr. President, if I could answer that question
25 and then do a follow-up question.
35
1 ACTING PRESIDENT GRIFFO: You may
2 speak on the resolution, Senator Krueger.
3 SENATOR KRUEGER: Well, on the
4 resolution, for the record, the Democratic
5 Conference is 39.7, or 40 percent of the Senate.
6 The Republican Conference is 47.6, or 48 percent
7 of the Senate. And the IDC is 7.9, or 8 percent
8 of the Senate.
9 Through you, Mr. President, if the
10 sponsor would continue to yield.
11 ACTING PRESIDENT GRIFFO: Senator
12 Hannon, do you yield?
13 SENATOR HANNON: Yes.
14 ACTING PRESIDENT GRIFFO: The
15 sponsor yields.
16 SENATOR KRUEGER: Thank you.
17 Can the sponsor tell me, within the
18 rules, what percentage of resources each
19 conference is to receive?
20 SENATOR HANNON: It's set forth
21 someplace.
22 SENATOR KRUEGER: Page 28?
23 SENATOR HANNON: If you know the
24 answer, why don't you just read it.
25 ACTING PRESIDENT GRIFFO: Would you
36
1 like to comment, Senator Krueger?
2 SENATOR KRUEGER: Thank you.
3 Through you, Mr. President, to answer my own
4 question, in Section 8 on page 28 it references
5 the Democratic Conference shall not receive less
6 than 30 percent of the funds allocated, which
7 would assume the other 70 percent goes to the
8 Republican and IDC conferences. There does not
9 show a breakdown between the two.
10 And in Section 11 it shows that the
11 Democratic Conference receives 29 percent of the
12 community projects resources, even though we are
13 40 percent of the Senate.
14 If the sponsor would continue to
15 yield.
16 ACTING PRESIDENT GRIFFO: The
17 sponsor yields.
18 SENATOR HANNON: I did pretty well
19 on that one.
20 (Laughter.)
21 SENATOR KRUEGER: Through you,
22 Mr. President.
23 ACTING PRESIDENT GRIFFO: Senator
24 Krueger.
25 SENATOR KRUEGER: Why is there such
37
1 a disproportionate distribution of resources
2 compared to the actual elected members of the
3 Senate?
4 SENATOR HANNON: Well, there's two
5 reasons, in response. There are a lot of
6 administrative duties that go into running the
7 Senate. There's questions of printing, there's
8 questions of engrossing, there's questions of
9 revision, there's questions of running the
10 technical part of the Senate in terms of the
11 computers. We have Sergeants-at-Arms. We have
12 elevators that have to be operated. We have
13 maintenance and operations. That goes there.
14 It's an enormous amount, it's a costly amount.
15 And the second part is this is a
16 number that was in last year's rules too. So
17 it's not changed, it's not ...
18 SENATOR KRUEGER: Through you,
19 Mr. President, if the sponsor would continue to
20 yield.
21 SENATOR HANNON: Yes.
22 ACTING PRESIDENT GRIFFO: The
23 sponsor yields.
24 SENATOR KRUEGER: Thank you.
25 In the "Committees" section of the
38
1 rules there is a formula for determining
2 membership on committees. I'm sorry, I'm just
3 finding the page. I think it's page 18. But the
4 formula for determining membership on committees
5 actually states that when you're calculating the
6 members, which are supposed to be a proportionate
7 share of representation in the Senate, you round
8 up if it's a Republican or IDC member of the
9 Senate, and you don't round up, if it's a decimal
10 point, with a Democratic member of the committee.
11 Can the sponsor help me understand
12 why we are less than a full person when the other
13 members of the Senate are treated in a formula as
14 full people?
15 SENATOR HANNON: It's a very simple
16 mathematical thing. You can't round up
17 everybody. You can only round up one number. If
18 you rounded up everybody, then you'd be into the
19 next number.
20 SENATOR KRUEGER: Through you,
21 Mr. President. You of course could round up
22 everybody. You might end up with a member number
23 on the committee that is slightly larger or
24 slightly smaller, whichever direction you choose
25 to go.
39
1 But I don't actually see any
2 even example from another legislature in this
3 country where some party members are rounded down
4 and other party members are rounded up.
5 SENATOR HANNON: First of all, no
6 one is being rounded down.
7 The second thing is we're trying to
8 run the Senate in an orderly process. During the
9 course of any legislative session, people join
10 committees, leave committees, switch committees,
11 et cetera. And there needs to be some general
12 idea of where we're going.
13 I don't believe there's been any
14 problems in the past. And it's something that
15 has to be looked at when the membership changes
16 or when people desire to move to another
17 committee.
18 SENATOR KRUEGER: Through you,
19 Mr. President, on the bill.
20 ACTING PRESIDENT GRIFFO: Senator
21 Krueger on the resolution.
22 SENATOR KRUEGER: Thank my
23 colleague for answering questions, or mostly not
24 answering questions but allowing me to ask and
25 answer the questions.
40
1 I wanted to highlight that he's
2 right, this is very much like the previous rules.
3 And even, other than a third caucus, like the
4 previous rules and the previous rules and the
5 previous rules.
6 The problem is for those of us who
7 have been in this austere Senate chamber for more
8 than a few session beginnings, most of us know
9 and the state knows that the Senate Rules are
10 broken. That they do not allow for a rational
11 democratic -- small D -- model of government;
12 that they offer disproportionate control to one
13 party over the other; that we don't, as my
14 colleague Senator Squadron already highlighted,
15 have a robust committee structure that allows for
16 bills to have hearings, have serious debate with
17 public participation, allow for amendments to
18 bills to be changed when there are contributions
19 to be made to improve legislation, for a process
20 that allows rank-and-file members to overrule a
21 leader to get a bill to the floor. It's been
22 documented in report after report.
23 My colleague referenced a bipartisan
24 report of this Senate chambers from several years
25 ago. And if one goes back to that report, as I
41
1 did today, you'll see we are basically not making
2 any of the changes recommended within that
3 bipartisan report. We continue to have
4 disproportionate distribution of funds to provide
5 services within our conferences for our
6 constituencies and, in fact, in the distribution
7 of monies to districts. That is also
8 disproportionately unequal, in that 40 percent of
9 the Senate are the actual Democratic Conference,
10 and they'll be receiving 29 percent of the funds
11 for distribution to their constituents. Which is
12 equally unfair as is the structure of the rules.
13 Now, I also want to agree with my
14 colleague when Senator Squadron pointed out the
15 rules about having "conferring with" are all
16 perfectly acceptable. One can view them as
17 meaningless or meaningful, as you wish. But what
18 I don't understand is why wouldn't we be
19 conferring with 40 percent of the Senate, through
20 the actual Democratic Conference and
21 Minority Leader Andrea Stewart-Cousins.
22 I read in an article -- some of us
23 might have also read it -- where one of my
24 Republican colleagues was talking about wanting
25 to show respect for the IDC. Don't you think it
42
1 would be good if we had respect for everyone in
2 this chambers, Mr. President? Don't you think
3 our rules should reflect equal respect for all of
4 us, each other, regardless of what conference we
5 sit in? Our rules do not reflect this concept of
6 respect.
7 And frankly, it's the first day of
8 session and the year will go on, and there will
9 be an opportunity for people to perhaps rethink
10 the statements they're making. But I actually
11 would like to serve in a chamber where we can all
12 respect each other and expect equal respect from
13 each other, not some formula of respect or lack
14 of respect based on the title that goes next to
15 our name and our conference.
16 So I do oppose these bills,
17 Mr. President, and I would urge my colleagues to
18 vote no. Because not only do I know we could do
19 better, all 63 of us know we can do better. And
20 those of us who have been around a few years are
21 even on record having said that in the past. And
22 I hope somewhere they remember they said that and
23 they might even believe it.
24 So I'll be voting no on these rules,
25 Mr. President. Thank you.
43
1 ACTING PRESIDENT GRIFFO: Senator
2 Hannon.
3 SENATOR HANNON: I just want to
4 have a couple of comments.
5 I think most of what
6 Senator Squadron was talking about at the end
7 could be avoided if all of the members of this
8 house got their bills finished, amended, reported
9 out early, if governors and agencies got their
10 bills and comments out early. Unfortunately, we
11 do have a lot of work at the end. But if we
12 could ever reverse that, that would be the best
13 thing. It has nothing to do with those of us who
14 just got elected. I believe in the Assembly they
15 go through the same problems.
16 So the idea is to have an open
17 process, a responsible process, a process that
18 operates on a bipartisan basis. All of our rule
19 committees are open. We actually have
20 Rule Committee meetings. They're all webcast,
21 they're open to anybody, member of the public.
22 That's not the case in the other house.
23 So the accountability and
24 transparency is there. And this has been done
25 with bills that are sponsored by members of the
44
1 Democratic Party, the IDC, the Republican Party,
2 and we're all trying to move forward.
3 I don't believe that you can just
4 start to talk about some of these minor things
5 that have been there that were the exact same
6 provisions when the Democrats were in the
7 majority, and now you're complaining about them.
8 So we're trying to be fair, we're
9 trying to have an excellent house, we're trying
10 to have a good product for the people of
11 New York, and I think this is a good construct
12 that we have before us today.
13 ACTING PRESIDENT GRIFFO: Thank
14 you, Senator Hannon.
15 The question is on the resolution
16 before the house. All in favor signify by saying
17 aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT GRIFFO: Opposed?
20 (Response of "Nay.")
21 ACTING PRESIDENT GRIFFO: The
22 resolution is adopted.
23 Senator Libous.
24 SENATOR LIBOUS: Thank you,
25 Mr. President.
45
1 There's another resolution at the
2 desk. I ask that the title be read and move for
3 its immediate adoption in appointing the
4 Sergeant-at-Arms.
5 ACTING PRESIDENT GRIFFO: The
6 Secretary will read.
7 THE SECRETARY: Senate Resolution
8 by Senator Skelos, that Stephen F. Slagen be, and
9 he hereby is elected Sergeant-at-Arms of the
10 Senate for the years 2015-2016.
11 ACTING PRESIDENT GRIFFO: The
12 question is on the resolution. All in favor
13 signify by saying aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT GRIFFO: Opposed?
16 (No response.)
17 ACTING PRESIDENT GRIFFO: The
18 resolution is adopted.
19 Congratulations, Sergeant Slagen.
20 (Applause.)
21 ACTING PRESIDENT GRIFFO: I know
22 the Sergeant has been practicing his clapping.
23 (Laughter.)
24 ACTING PRESIDENT GRIFFO:
25 Senator Libous.
46
1 SENATOR LIBOUS: Thank you,
2 Mr. President.
3 There's another resolution at the
4 desk. I ask that its title be read and we move
5 for its immediate adoption, in appointing the
6 Senate Stenographer.
7 ACTING PRESIDENT GRIFFO: The
8 Secretary will read.
9 THE SECRETARY: Senate Resolution
10 by Senator Skelos, that Catherine Kirkland be,
11 and she hereby is elected the Official
12 Stenographer of the Senate for the years
13 2015-2016.
14 ACTING PRESIDENT GRIFFO: The
15 question is on the resolution before the house.
16 All in favor signify by saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT GRIFFO: Opposed?
19 (No response.)
20 ACTING PRESIDENT GRIFFO: The
21 resolution is adopted.
22 Senator Libous.
23 SENATOR LIBOUS: Thank you,
24 Mr. President.
25 I hand up another resolution that's
47
1 at the desk and ask that the title be read and
2 move for its immediate adoption as we set forth
3 the hours of the Senate.
4 ACTING PRESIDENT GRIFFO: The
5 resolution has been handed up, and the Secretary
6 will read.
7 THE SECRETARY: Senate Resolution
8 by Senator Skelos, providing for the hours of
9 meeting by the Senate for the years 2015-2016.
10 ACTING PRESIDENT GRIFFO: The
11 question is on the resolution. All in favor
12 signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT GRIFFO: Opposed?
15 (No response.)
16 ACTING PRESIDENT GRIFFO: The
17 resolution is adopted.
18 Mr. Libous.
19 SENATOR LIBOUS: Again,
20 Mr. President, I have another resolution before
21 the desk. I ask that we read the title and move
22 for its immediate adoption.
23 ACTING PRESIDENT GRIFFO: The
24 Secretary will read.
25 THE SECRETARY: Senate Resolution
48
1 by Senator Skelos, resolved that the Temporary
2 President appoint a committee of three to inform
3 the Governor of the election of Dean G. Skelos as
4 Temporary President of the Senate for the years
5 2015-2016, and that the Senate is organized and
6 ready to proceed with business.
7 ACTING PRESIDENT GRIFFO: The
8 question is on the resolution before the house.
9 All in favor signify by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT GRIFFO: Opposed?
12 (No response.)
13 ACTING PRESIDENT GRIFFO: The
14 resolution is adopted.
15 SENATOR LIBOUS: Mr. President.
16 ACTING PRESIDENT GRIFFO: Senator
17 Libous.
18 SENATOR LIBOUS: Thank you, sir. I
19 believe there is another resolution at the desk.
20 May we please have it read and move for its
21 immediate adoption.
22 ACTING PRESIDENT GRIFFO: The
23 Secretary will read.
24 THE SECRETARY: Senate Resolution
25 by Senator Skelos, resolved that the Temporary
49
1 President appoint a committee of three to wait
2 upon the Assembly and inform that body of the
3 election of Dean G. Skelos as Temporary President
4 of the Senate for the years 2015-2016, and that
5 the Senate is organized and ready to proceed with
6 business.
7 ACTING PRESIDENT GRIFFO: The
8 question is on the resolution before the house.
9 All in favor signify by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT GRIFFO: Opposed?
12 (No response.)
13 ACTING PRESIDENT GRIFFO: The
14 resolution is adopted.
15 Senator Libous.
16 SENATOR LIBOUS: Mr. President, at
17 this time would you please call on Leader
18 Stewart-Cousins for remarks, please.
19 ACTING PRESIDENT GRIFFO: Senator
20 Stewart-Cousins.
21 SENATOR STEWART-COUSINS: Thank
22 you, Mr. President.
23 And I want to say welcome back and
24 Happy New year to all of my colleagues.
25 And I also want to thank my family
50
1 for being present, as always. Because we all
2 know, sitting in this chamber, that the presence
3 of our family and their support is what makes us
4 able to do what we do.
5 I obviously want to thank my
6 constituents for allowing me to continue to
7 represent the 35th District.
8 And of course I want to thank my
9 colleagues, my wonderful colleagues who have
10 humbled me and honored me with the opportunity to
11 be your leader for this session.
12 I want to welcome some of our new
13 members so that you'll get an opportunity,
14 hopefully, to meet everyone. But joining our
15 conference is Senator Leroy Comrie, from Queens.
16 (Applause.)
17 SENATOR STEWART-COUSINS: Senator
18 Comrie is a former Council member and former
19 deputy borough president of Queens, and of course
20 a real leader in the community. So we are very,
21 very happy that you have joined us.
22 Also in the same row is Senator
23 Jesse Hamilton.
24 (Applause.)
25 SENATOR STEWART-COUSINS: And
51
1 Senator Hamilton is actually a former staffer for
2 now-Borough President Eric Adams. He's an
3 attorney, he's an MBA, and he's a long-time
4 community activist. And we are so happy that you
5 are with us.
6 And very finally, last but not
7 least, Marc Panepinto, from the Buffalo area.
8 (Applause.)
9 SENATOR STEWART-COUSINS: Another
10 great long-time activist and a Buffalo-area
11 attorney.
12 So we are very, very happy to have
13 our three newest members and, of course, equally
14 happy to have our returning members, who are such
15 wonderful champions and such great
16 representatives of all that New Yorkers need and
17 all that we are about.
18 I'd also like to, while I'm
19 congratulating, I'd like to congratulate
20 Senator Klein, who's been reelected as his
21 conference leader, and certainly in your role
22 here.
23 And I want to take an opportunity to
24 congratulate Senator Skelos. You have an awesome
25 task of leading this great house, and I just want
52
1 you to know that the Senate Democrats stand ready
2 to work with you, because now is the time for us
3 to come together.
4 You know, elections are always a
5 restart button. It allows us to refresh and it
6 allows us to start anew. And of course there are
7 going to be times that we agree in this house,
8 and there will be times that we will be
9 vociferously disagreeing. But I think that we
10 will all remember that we are here to serve all
11 the people of New York.
12 I want to also congratulate the
13 Governor for his leadership, and of course on his
14 reelection, and let him know that we are looking
15 forward to working with him as well to continue
16 moving New York forward.
17 So many of us here were in Manhattan
18 yesterday and heard his tribute to his father. I
19 think all of us could agree that the words were
20 truly inspiring. So on behalf of the Senate
21 Democrats, I want to again pass our condolences
22 to the Governor and to his entire family for
23 their loss.
24 Governor Cuomo, Mario Cuomo, was a
25 great man. He was a great governor. His
53
1 leadership, his vision and ideals are what we all
2 strive toward. And as we take a moment to
3 embrace the memory of this iconic governor, let
4 us do more than remember him, but let us look
5 towards his example as we move forward this
6 legislative session.
7 Sadly, for too many fellow
8 New Yorkers, the two cities that Governor Cuomo
9 so eloquently spoke of in 1984 still exist today.
10 But we have an opportunity to finally unite them.
11 We can work towards making a more just and fair
12 society, a society that provides jobs and
13 opportunities to all New Yorkers; a society that
14 deals with crushing income inequality; a society
15 where everyone has an equal education, where it
16 doesn't matter if you're from Elmira or New York
17 City or even my hometown, Yonkers, you're given a
18 shot at the American dream. I hope this session
19 will be about making that American dream a
20 reality for all New Yorkers.
21 And to that end, obviously we have a
22 lot of work to do. It's been an extremely
23 difficult period. I know over the past few weeks
24 we had our attention gripped by cases on a
25 national level; locally, the Garner case; and
54
1 then of course we were faced with the tragic
2 events that took from us Detective Liu and
3 Officer Ramos.
4 So to ensure that we provide those
5 protections, we have to come together and get to
6 work. We have to protect our law enforcement,
7 and at the same time we have an opportunity to
8 make real reforms in our criminal justice system
9 so that everybody feels equal access to justice.
10 We have a tremendous responsibility, and we have
11 work to do.
12 We have to, as I said, combat income
13 inequality. And one way to do that is to really
14 raise the minimum wage to help lift over a
15 million New Yorkers out of bone-crushing poverty.
16 And now also it's time for a major rehaul of our
17 outdated ethics laws, including public financing
18 on campaigns. We can make Albany an example of
19 good government.
20 We also still have to stand up for
21 health and equality for the women in New York.
22 We can pass a full Women's Equality Act. And
23 again, to my Republican colleagues, remember that
24 the reproductive rights that were first addressed
25 in this chamber was under Republican leadership.
55
1 And in 1970, twelve of your party were able to
2 help Democrats pass it. We have to continue to
3 stand up for women.
4 We also have to help those
5 struggling with addiction, including the horrible
6 heroin scourge that's devastating communities
7 across the state. We have to ensure that all
8 New York children have access to the quality
9 education that they deserve and that all of our
10 children have access on a higher level for higher
11 education, to quality and affordable education.
12 We have to make sure, in terms of
13 housing, that every New Yorker has a roof over
14 their head, a place to call home. We have to
15 extend and strengthen our rent control laws.
16 And finally, obviously, we will be
17 dealing with the surplus settlement funds, and
18 we've got to do that clearly in a responsible
19 manner that will help set New York on an even
20 brighter path. Since so much money of this is
21 from housing settlements, it's crucial that we
22 use it to help create more affordable housing
23 across the state.
24 We also need to protect and expand
25 our infrastructure, including our greatest
56
1 infrastructure project going on now, the
2 Tappan Zee Bridge, as well as the other roads and
3 bridges. As well, we have to start to fix our
4 crumbling schools. We could do all this while at
5 the same time providing relief to local
6 communities and creating jobs across the state.
7 Senator Skelos, as I said, the
8 Democratic Conference stands ready to help you
9 and to help you, Senator Klein. And as I said
10 before, we will support you when we agree, we'll
11 challenge you when we disagree. But we will not
12 allow partisan bickering to obstruct our efforts
13 to serve our constituents. And together, we will
14 give all New Yorkers the responsible and
15 productive government they deserve.
16 Thank you very much.
17 (Applause.)
18 ACTING PRESIDENT GRIFFO: Senator
19 Libous.
20 SENATOR LIBOUS: Mr. President, at
21 this time would you call on the leader of the
22 Independent Democratic Conference, Senator Jeff
23 Klein.
24 ACTING PRESIDENT GRIFFO: Senator
25 Klein.
57
1 SENATOR KLEIN: Thank you,
2 Mr. President.
3 Thank you all. It's great to be
4 back in another session. I want to congratulate
5 Leader Cousins and of course Leader Skelos.
6 But when we come together today to
7 embark on another legislative session, I want to
8 first acknowledge the tremendous loss that our
9 Governor's family are enduring at this very
10 moment. I know I speak for all of us when I
11 extend my deepest condolences and prayers to
12 Matilda Cuomo, Governor Cuomo, and the entire
13 Cuomo family. While former Governor Mario Cuomo
14 may no longer be with us, his spirit and legacy
15 will surround us always.
16 I know myself, when I was first
17 entering public service in the '90s, Mario Cuomo
18 was my Democratic touchstone. His eloquence,
19 authenticity, candor and intellect were a
20 constant inspiration and example of how to work
21 hard to do better and make a difference in the
22 lives of New Yorkers.
23 His grand presence will be sorely
24 missed. And perhaps one of the greatest tributes
25 we can offer is to remain committed to his spirit
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1 of common sense, getting the job done, and
2 governing on behalf of all New Yorkers.
3 It is clear that we are given a call
4 to action. Elections do mean something. And I
5 think the voters have spoken loud and clear that
6 once again they want us to work together in a
7 bipartisan fashion to get things done. We try to
8 elect our respective party members during
9 elections, but when the dust settles on that
10 election, it's time for us to govern. It is now
11 again our time to get things done.
12 I want to acknowledge Senate
13 President Senator Dean Skelos and congratulate
14 him. Your continuing commitment to governing in
15 a positive, productive, cooperative manner is
16 something that I hold near and dear. We've
17 accomplished a lot together in the previous four
18 years, and I know that cooperation and
19 bipartisanship under your great leadership will
20 continue.
21 As a conference, we have always
22 stood for getting things done in the Independent
23 Democratic Conference. And certainly I couldn't
24 have done it without the members of our
25 Independent Democratic Conference, Senators
59
1 Savino, Valesky, Carlucci and Avella, who are
2 among the most hardest-working, steadfast,
3 talented and smartest public servants I have ever
4 known.
5 As a conference, we have always made
6 it very clear that we answer to no one except our
7 constituents. And I know I speak for all of us
8 in the IDC when I say a huge and heartfelt thank
9 you to the citizens of the Bronx, Westchester,
10 Staten Island, Syracuse, Brooklyn, Rockland
11 County and Queens for once again renewing your
12 faith in all of us.
13 This year will be different than the
14 past four as we work together to really deliver
15 real results for all New Yorkers. Working with
16 Governor Andrew Cuomo and our colleagues on both
17 sides of the aisle, we are ready to roll up our
18 sleeves and get the job done. As we follow the
19 spirit and tradition of great governors in our
20 state like Roosevelt, Cuomo, Dewey and
21 Rockefeller, the IDC pledges to ensure that we
22 are taking care of the many and not just the few.
23 First and foremost, that means
24 focusing on creating not just more jobs for
25 New Yorkers, but good-paying jobs. I think
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1 everyone knows that in the 1930s, in the
2 immediate wake of the Great Depression,
3 President Franklin Delano Roosevelt set the
4 country on a bold and ambitious course known as
5 the New Deal. The programs enacted under the
6 New Deal provided not just relief and recovery
7 for millions of Americans, but created a
8 foundation that served to reform the American
9 financial system and put this country on solid
10 ground for generations to come.
11 The principle behind it was very
12 simple: A belief that the people of this country
13 are its greatest resource and that investing in
14 the worker builds a more robust and truly
15 sustainable economy. We believe the same idea
16 and type of program are possible today, to
17 New Yorkers who want to work, once again.
18 That is why the IDC has proposed a
19 robust agenda which we're calling a New Deal for
20 New York, where the $5 billion in restitution
21 monies from financial institutions who committed
22 various financial crimes against the hardworking
23 people of this state will now go back to them in
24 the form of new jobs, but good-paying jobs as
25 well. The people of this state deserve to see it
61
1 repaid in a way that works for them.
2 The program has two components.
3 First, a program aimed at creating jobs through
4 large infrastructure projects such as roads,
5 bridges, rail, transit, water, sewer and parks
6 projects. And the second component, a program
7 aimed at reconnecting marginalized workers with
8 good-paying jobs.
9 The bottom line is that we know the
10 best way to solve income inequality is by giving
11 business the incentive to create jobs through tax
12 credits -- but not just create jobs, create
13 good-paying jobs. And this year we can set
14 New York on a course to do just that. We'll
15 invest in New York and the New York worker by
16 ensuring fair wages for hard work.
17 We'll also invest in New York
18 families. That means making sure we are creating
19 the conditions to support and sustain strong,
20 hardworking families. It means we invest in
21 affordable quality childcare and paid family
22 leave. New Yorkers should never have to choose
23 between what their heart is telling them what to
24 do and what their bank account allows them to do.
25 In today's world, with both parents working
62
1 outside the home, this is the type of leave that
2 is meaningful and makes a difference.
3 It means making sure that we
4 continue to invest in educational opportunities
5 across the state for our youngest citizens and
6 that we help students and families tackle the
7 rising costs of tuition and that ever-growing
8 burden of student loans. Being in debt for the
9 rest of your life should not be a prerequisite of
10 getting a college education.
11 And we need to renew our investment
12 in housing in New York, focus on revitalizing
13 existing public housing, and build new
14 middle-class housing.
15 We're here for one simple reason:
16 We work for New Yorkers. There is a lot on the
17 table this year. And to my colleagues in the
18 chamber, Governor Cuomo, I think we have to prove
19 in this legislative session that once again we
20 can continue a period of stability and sensible
21 and smart governing that works for all
22 New Yorkers and keeps New York moving forward
23 again.
24 Thank you, Mr. President.
25 (Applause.)
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1 ACTING PRESIDENT GRIFFO: Thank
2 you, Senator Klein.
3 Senator Libous.
4 SENATOR LIBOUS: Mr. President, I
5 believe the members of the Assembly are before
6 the house for an announcement.
7 ACTING PRESIDENT GRIFFO: The chair
8 is here to acknowledge that members of the
9 Assembly, Assembly Ways and Means Chairman
10 Denny Farrell and Assemblyman Oaks, are both
11 present.
12 ASSEMBLYMAN OAKS: We are here to
13 inform the Senate that the Assembly is organized
14 and has convened for the purpose of the 2015
15 legislative session.
16 ACTING PRESIDENT GRIFFO: Thank
17 you, Assemblyman Oaks and Assemblyman Farrell.
18 It's so noted in the record.
19 ASSEMBLYMAN FARRELL: Thank you.
20 ACTING PRESIDENT GRIFFO: Thank
21 you.
22 Senator Libous.
23 SENATOR LIBOUS: Thank you,
24 Mr. President.
25 At this time would you please call
64
1 on the Majority Leader and the Temporary
2 President of the New York State Senate,
3 Senator Dean Skelos.
4 ACTING PRESIDENT GRIFFO: The chair
5 calls on Senator Skelos.
6 SENATOR SKELOS: Thank you very
7 much, Mr. President.
8 If I could, I'd like all of us to
9 pause in a moment of reflection and prayer for
10 our former governor, Mario Cuomo. So if we could
11 just rise.
12 ACTING PRESIDENT GRIFFO: I'd ask
13 all to please rise in a moment of silent
14 reflection and prayer on behalf of former
15 Governor Mario Cuomo.
16 (Whereupon, the assemblage stood and
17 respected a moment of silence.)
18 ACTING PRESIDENT GRIFFO: Senator
19 Skelos.
20 SENATOR SKELOS: Thank you,
21 Mr. President.
22 At the appropriate time we will be
23 passing a resolution commemorating his life and
24 his public accomplishments, and then we'll all
25 have an opportunity to speak, if we wish, about
65
1 our reflections concerning Mario Cuomo.
2 I want to start off by thanking
3 Judge Lippman. I'm not sure if he's still here.
4 He's sworn an awful lot of people in a very short
5 period of time. But, Judge, if you are still
6 here, we thank you very much.
7 And I want to thank Senator Young
8 for nominating me and for the support that I've
9 received from our Republican Conference, and
10 congratulate Senator Klein on his being elected
11 leader of the Independent Democrat Conference,
12 and to you, Senator Stewart-Cousins, being
13 elected leader of the Democrat Conference.
14 I'd like to introduce some of our
15 new members. As Senator Klein mentioned before,
16 that after an election the people have made their
17 decisions, and the people spoke. And I'm very
18 proud that of the 10 new members in this chamber,
19 seven of them are Republicans, and the people did
20 speak.
21 So let me, if I could start,
22 introduce them. And it's not going to be long
23 introductions, but I want to start off by
24 introducing Rob Ortt.
25 Rob is a former North Tonawanda
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1 mayor and, quite frankly, a war hero, having
2 served in Afghanistan, and now continuing his
3 service to the people of this state.
4 So we welcome you, Rob.
5 (Applause.)
6 SENATOR SKELOS: Rich Funke, who
7 has served his constituents in many different
8 ways -- as a news commentator for many years but,
9 even more important, a charitable person.
10 And I know both you and your wife
11 have done so much for different charities in the
12 Rochester area. So, Rich, we welcome you to the
13 State Senate. Thank you.
14 (Applause.)
15 SENATOR SKELOS: George Amedore.
16 George? It took a little time --
17 (Laughter.)
18 SENATOR SKELOS: -- but you're
19 here. And a former Assemblyman, small business
20 owner, understands what we have to do as a
21 legislative body and the state to support our
22 small businesses and grow our economy.
23 So, George, we welcome you to the
24 State Senate.
25 (Applause.)
67
1 SENATOR SKELOS: Sue Serino. Sue,
2 local government official, owns her own real
3 estate company -- again, a small business -- and
4 she's going to be an outstanding addition to our
5 State Senate.
6 And, Sue, we welcome you. Thank
7 you.
8 (Applause.)
9 SENATOR SKELOS: Murph, you're
10 next. Dr. Terrence Murphy, chiropractor. And,
11 you know, certainly if anybody will need a neck
12 adjustment, he's here. And depending on how
13 things go, depends on how your neck's adjusted.
14 (Laughter.)
15 SENATOR SKELOS: But he is a great
16 person. Again, a chiropractor, doctor, small
17 business owner, understands what small businesses
18 go through, and is going to be part of that team
19 that helps our small businesses throughout the
20 state and to create jobs.
21 So we welcome you, Terry.
22 (Applause.)
23 SENATOR SKELOS: Michael Venditto.
24 Michael? Now, I'm very proud because he is from
25 Nassau County, my home county. And for those of
68
1 you who have seen pictures of me from the past, I
2 was thin like that once.
3 (Laughter.)
4 SENATOR SKELOS: It's amazing what
5 30 years does to you, Michael.
6 But Michael is a lawyer, county
7 legislator, former county legislator in
8 Nassau County. I think his parents are here, and
9 wife, and son Andrew.
10 And we welcome you to the
11 State Senate, Michael.
12 (Applause.)
13 SENATOR SKELOS: And finally, from
14 Suffolk County, Tom Croci. Tom?
15 We welcome you, former Islip town
16 supervisor. And again, a war hero, came back
17 from Afghanistan and served his country on I
18 think several tours of duty, and public service
19 in Islip, and now public service to the people of
20 the State of New York.
21 Tom, we honor you, as we do Rob, for
22 the service to our country. God bless you, and
23 welcome to the Senate.
24 (Applause.)
25 SENATOR SKELOS: Now, I want to --
69
1 I mentioned Cathy. Thank you for nominating me.
2 And for those of us who have been
3 here a number of years and have a number of terms
4 under our belt, welcome back to all of us. And I
5 look forward to working productively with this
6 entire Senate family. And it is a family.
7 My friends and family that are here.
8 Senator Squadron, they didn't leave listening to
9 you, they just -- they're trying to get back a
10 little early.
11 But I could not be successful
12 without the support of my friends from
13 Rockville Centre and other communities who have
14 made my election and reelection over the years
15 possible. So I thank all of you for being here
16 today.
17 And to my family that's here. And
18 in particular, I want to acknowledge my father.
19 He will be 94 in March.
20 (Applause.)
21 SENATOR SKELOS: His goal is to be
22 acknowledged by Wilbur Scott on NBC one day when
23 he hits 100. And then of course when he's 99,
24 he's going to want a few more.
25 But, Dad, thank you for being my
70
1 father and the role model you've been for your
2 entire family. Thank you, Dad.
3 (Applause.)
4 SENATOR SKELOS: My wife, Gail, who
5 has been a true partner and has worked closely
6 with me. And, you know, certainly the advice
7 that she gives me many times is right on, as
8 against the advice I give myself. So she's
9 generally right. But my wife, Gail.
10 (Applause.)
11 SENATOR SKELOS: And my son Adam,
12 who's here. I mentioned to Michael Venditto,
13 Senator Venditto, before when he was holding his
14 son, I remember holding Adam when I was first
15 sworn in, my family here. My mom held the Bible,
16 and I held Adam. And he put his hand over my
17 mouth and said "Stop talking."
18 (Laughter.)
19 SENATOR SKELOS: So I've learned
20 from him not to talk that much. But even more
21 important, he's given me two beautiful grandsons,
22 Dean and Dylan. And they are not feeling well,
23 so Ann stayed home with the kids. But they will
24 be here in two years.
25 Adam, I love you too.
71
1 (Applause.)
2 SENATOR SKELOS: My entire family
3 that's here, I thank you for being here and
4 supporting me over the years, and certainly for
5 the confidence that you have placed in me, all of
6 you.
7 Today we open another legislative
8 session, and the people of New York turn their
9 eyes once again to Albany. By working in a
10 bipartisan fashion, we've ended the dysfunction
11 and made real progress for the residents of this
12 state. We've passed four consecutive on-time
13 budgets, and that is an incredible
14 accomplishment.
15 And I want to thank my partner Jeff
16 for being such an integral part of making that
17 happen, and for all the members of this chamber.
18 We've brought spending under control, we've
19 enacted a property tax cap and continued to
20 improve New York's economy.
21 Despite the progress we have made,
22 there's a lot more to do to be done. This year
23 our Republican majority will keep the focus where
24 it should be, on the economic challenges facing
25 hardworking taxpayers and their families. We
72
1 need to encourage the private sector to create
2 new jobs. People in this state are looking for
3 opportunity -- they're looking for a hand up, not
4 a hand down, and that's what I truly believe --
5 good-paying jobs, and we will work together to
6 help create them.
7 We need to further reduce taxes.
8 And we need to make it more affordable to live,
9 work and to retire here in New York State.
10 I thank you for your commitment to
11 serve the people of this state. Welcome back.
12 Let us endeavor to work across the aisle and make
13 this session our best session ever.
14 Thank you very much.
15 (Extended applause.)
16 ACTING PRESIDENT GRIFFO: Thank
17 you, Senator Skelos.
18 Senator Libous.
19 SENATOR LIBOUS: Mr. President, is
20 there any further business at the desk?
21 ACTING PRESIDENT GRIFFO: There is
22 no further business before the desk.
23 SENATOR LIBOUS: Mr. President,
24 there being no further business, I move that the
25 Senate adjourn until Monday, January 12th, at
73
1 3:00 p.m., intervening days being legislative
2 days.
3 ACTING PRESIDENT GRIFFO: On
4 motion, the Senate will stand adjourned until
5 Monday, January 12th, at 3:00 p.m., intervening
6 days being legislative days.
7 The Senate is adjourned.
8 (Whereupon, at 1:36 p.m., the Senate
9 adjourned.)
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