Gaveled in 12:21 PM · Albany, New York · 2007–08 session
1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 January 3, 2007 11 12:21 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR DAVID A. PATERSON, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25
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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: (Banging gavel.) 3 (Standing ovation.) 4 THE PRESIDENT: The Senate will 5 please come to order. 6 Please rise with me and honor our 7 flag by reciting the Pledge of Allegiance. 8 (Whereupon, the assemblage recited 9 the Pledge of Allegiance to the Flag.) 10 THE PRESIDENT: For those of you 11 who are joining us for the first time, we open 12 our sessions daily with prayer. And our 13 invocation today will be delivered by the 14 Right Reverend Daniel W. Herzog, of the Albany 15 Episcopal Diocese. 16 BISHOP HERZOG: Let us pray. 17 Eternal Father, we ask Your 18 blessing upon all the members of this house, 19 upon their families and upon their households. 20 We ask that You direct them in their 21 deliberations by Your holy spirit, that You 22 protect them from all evil and preserve them 23 in all goodness. 24 We commend to Your mercy all those 25 who have served in past years in this house
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(518) 371-8910 1 who have gone into Your kingdom. We ask You 2 to bless this whole state, and especially to 3 bless those men and women who stand in 4 preservation of our liberties. 5 And we ask all this for Your tender 6 mercy's sake. Amen. 7 THE PRESIDENT: Thank you, 8 Bishop. 9 The bishop is located at the Albany 10 Episcopal Diocese in Albany, New York. He has 11 joined us before. We are very thankful to 12 have his words with us today. 13 The chair hands down a 14 communication from the Board of Elections, 15 that being the official certification of the 16 duly election of the members of the Senate. 17 If there are any of you who have 18 not taken your oath of office, if you would 19 please come to the front, we will swear you 20 in. 21 The certificate will be filed in 22 the Senate Journal. 23 All of you have been sworn in? Not 24 sworn at, sworn in. 25 (Laughter.)
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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will now call the roll to ascertain a quorum 3 of Senators. 4 THE SECRETARY: Senator Adams. 5 SENATOR ADAMS: Here. 6 THE SECRETARY: Senator Alesi. 7 SENATOR ALESI: Here. 8 THE SECRETARY: Senator Balboni. 9 SENATOR BALBONI: Here. 10 THE SECRETARY: Senator Bonacic. 11 SENATOR BONACIC: Present. 12 THE SECRETARY: Senator Breslin. 13 SENATOR BRESLIN: Here. 14 THE SECRETARY: Senator Bruno. 15 SENATOR BRUNO: Here. 16 THE SECRETARY: Senator Connor. 17 SENATOR CONNOR: Here. 18 THE SECRETARY: Senator 19 DeFrancisco. 20 SENATOR DeFRANCISCO: Here. 21 THE SECRETARY: Senator Diaz. 22 (No response.) 23 THE SECRETARY: Senator Dilan. 24 SENATOR DILAN: Here. 25 THE SECRETARY: Senator Duane.
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(518) 371-8910 1 SENATOR DUANE: Here. 2 THE SECRETARY: Senator Farley. 3 SENATOR FARLEY: Here. 4 THE SECRETARY: Senator Flanagan. 5 SENATOR FLANAGAN: Here. 6 THE SECRETARY: Senator 7 Fuschillo. 8 SENATOR FUSCHILLO: Here. 9 THE SECRETARY: Senator Golden. 10 (No response.) 11 THE SECRETARY: Senator Gonzalez. 12 SENATOR GONZALEZ: Here. 13 THE SECRETARY: Senator Griffo. 14 SENATOR GRIFFO: Here. 15 THE SECRETARY: Senator Hannon. 16 SENATOR HANNON: Here. 17 THE SECRETARY: Senator 18 Hassell-Thompson. 19 SENATOR HASSELL-THOMPSON: Here. 20 THE SECRETARY: Senator Huntley. 21 SENATOR HUNTLEY: Here. 22 THE SECRETARY: Senator Johnson. 23 SENATOR JOHNSON: Here. 24 THE SECRETARY: Senator Klein. 25 SENATOR KLEIN: Here.
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(518) 371-8910 1 THE SECRETARY: Senator L. 2 Krueger. 3 SENATOR LIZ KRUEGER: Here. 4 THE SECRETARY: Senator C. 5 Kruger. 6 SENATOR CARL KRUGER: Here. 7 THE SECRETARY: Senator Lanza. 8 SENATOR LANZA: Here. 9 THE SECRETARY: Senator Larkin. 10 SENATOR LARKIN: Here. 11 THE SECRETARY: Senator LaValle. 12 SENATOR LaVALLE: Here. 13 THE SECRETARY: Senator Leibell. 14 SENATOR LEIBELL: Here. 15 THE SECRETARY: Senator Libous. 16 SENATOR LIBOUS: Here. 17 THE SECRETARY: Senator Little. 18 SENATOR LITTLE: Present. 19 THE SECRETARY: Senator Maltese. 20 SENATOR MALTESE: Here. 21 THE SECRETARY: Senator 22 Marcellino. 23 SENATOR MARCELLINO: Still here. 24 THE SECRETARY: Senator Maziarz. 25 SENATOR MAZIARZ: Here.
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(518) 371-8910 1 THE SECRETARY: Senator 2 Montgomery. 3 SENATOR MONTGOMERY: Here. 4 THE PRESIDENT: Senator Bruno, we 5 have a quorum present. 6 I'd like to wish everyone a happy 7 new year, welcome all the Senators back to the 8 Senate chamber. 9 I'm sure most of you saw on the 10 front pages of almost all the newspapers this 11 morning the gripping story of how a 12 50-year-old construction worker in the 13 New York City subway system, at 137th Street 14 and Broadway, went down on the tracks to try 15 to save the life of a 20-year-old student at 16 the New York Film School. 17 Because the student was in 18 convulsion, he wasn't able to pick him up. 19 And as the train was onrushing, and in an 20 event that must be described as a miracle, he 21 pinned the student to the floor of the tracks 22 and put his body over him, with the train 23 rushing right over his head so close that it 24 left grease on his hat. And somehow this 25 individual survived, as did the victim of
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(518) 371-8910 1 convulsions. 2 When asked why did he risk his 3 career, his family, his two daughters -- who 4 were standing right on the catwalk overhead -- 5 he said, "I did what anyone would have done." 6 And yet as we sit here this 7 morning, we wonder if we would have done what 8 he had done. There is a great essay from the 9 17th-century writer Abelard that talks about 10 moments of crisis, moments of extreme tension 11 that drive people to an inner resource, which 12 is that oneness with nature and other human 13 beings. 14 Perhaps that's what this gentleman 15 experienced yesterday. Perhaps that's what a 16 firefighter experienced on August 8th of 1997 17 when he jumped off the Brooklyn Bridge to try 18 to prevent a suicide. Perhaps that's what 19 firefighters, police, EMS workers and transit 20 workers and private citizens experienced on 21 September 11th, a kind of embolic connection 22 described by Pope Gregory in the twentieth 23 century as that moment of that oneness with 24 nature. 25 In the Christian religion, we talk
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(518) 371-8910 1 about that moment when Jesus said "Love your 2 neighbors as you would love yourself." It was 3 often recalibrated by Abelard in the essay 4 when he suggested that we should love our 5 neighbors because they are ourselves. 6 I would close by telling you that 7 rabbinical students answering a question one 8 day in class were asked, "If you pray at 9 daybreak, how do you know when daybreak 10 occurs?" 11 One of the students said, "It is 12 when from a distance in the wilderness you can 13 discern the difference between a lamb and a 14 dog." The Rabbi shook his head. Another 15 student said that "Daybreak occurs when you 16 can see the outline of your own hand in the 17 beginning sunlight." The Rabbi similarly 18 admonished. 19 A third student said that daybreak 20 occurs at the point not of sight but of 21 hearing the sounds of the birds. But the 22 Rabbi admonished again. 23 And after each student had had an 24 opportunity to define daybreak, the rabbi 25 said: "Dawn occurs when you look in the faces
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(518) 371-8910 1 of those around you and recognize that they 2 are your brothers and your sisters. Until 3 that time, it is always night." 4 Senators, in this session of 5 heightened tension, of taxes and property 6 taxes, of debt and deficit and despair, we 7 will all be called upon by our constituents to 8 eradicate problems of poor housing, substance 9 abuse, crime, unemployment and 10 underemployment, poor, inadequate healthcare 11 facilities, and an education system that we 12 feel can perform better. 13 But in that discovery we must 14 understand that in each other we cannot be 15 derived from the acrimony of antagonism but 16 recognize that we have unity even if we don't 17 have uniformity, and that our different ideas, 18 when coalesced, can help this state. 19 And I wish you all well. Thank 20 you. 21 (Standing ovation.) 22 THE PRESIDENT: The chair hands 23 down a communication from the Governor of the 24 State of New York. 25 The Secretary will read.
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(518) 371-8910 1 THE SECRETARY: "Dear 2 Mr. President, 3 "I would appreciate the privilege 4 of appearing before your honorable bodies in 5 joint session on January 3, 2007, at 1 p.m., 6 or as soon thereafter as may be convenient, to 7 personally deliver my annual message to the 8 Legislature. 9 "Very truly yours, Eliot Spitzer." 10 THE PRESIDENT: To be filed in 11 the Journal. 12 The chair recognizes Senator 13 Johnson. 14 SENATOR JOHNSON: Mr. President, 15 there's a Resolution Number 1 at the desk. I 16 ask that the title be read and move for its 17 immediate adoption. 18 THE PRESIDENT: The Secretary 19 will read. 20 THE SECRETARY: By Senator 21 Johnson, Senate Resolution Number 1, providing 22 for the election of Joseph L. Bruno as 23 Temporary President of the Senate for the 24 years 2007-2008. 25 THE PRESIDENT: Would any member
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(518) 371-8910 1 like to speak on the resolution? 2 The chair recognizes Senator 3 Sampson. 4 SENATOR SAMPSON: Mr. President, 5 thank you. 6 I have a privileged resolution, 7 Number 2, at the desk. I would like it read, 8 Your Honor. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: By Senator 12 Sampson, Senate Resolution Number 2, providing 13 for the election of Malcolm Smith as Temporary 14 President of the Senate for the years 15 2007-2008. 16 THE PRESIDENT: You may be heard 17 on the resolution, Senator Sampson. 18 SENATOR SAMPSON: Thank you, 19 Mr. President. 20 I rise in support of Senate 21 Resolution Number 2 nominating Senator Malcolm 22 A. Smith as the Temporary President of the 23 New York State Senate. 24 In November 2006 the American 25 people sent a message that resounded through
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(518) 371-8910 1 every chamber, meeting room, floor and 2 edifice. Their hearts were heard. They spoke 3 as one clear, uncompromising voice: The time 4 has come for new possibilities, enlarged 5 horizons, and great hope. Their message was 6 one of reform, revitalization, responsibility, 7 and results -- the four R's. 8 Today I present change for the 9 New York State Senate, and that is Senator 10 Malcolm A. Smith. He embodies the spirit of 11 reconstruction, improvement, accountability, 12 and effectiveness. His vision enables him to 13 see the invisible and preventing the perishing 14 of the people. He hears the cries and speaks 15 for the disenfranchised and is a voice for the 16 voiceless. 17 Indeed, nothing great was ever 18 achieved without enthusiasm. And Senator 19 Smith's enthusiasm and goals will enhance this 20 wonderful state. We're talking about cutting 21 taxes, prescription and other healthcare 22 costs, creating jobs, providing more aid for 23 schools, and making New York a safer place so 24 we all can live. 25 This is a minute part of his dream.
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(518) 371-8910 1 He has not gone where the path has led him. 2 He instead has created his own path and left a 3 trail for others to follow. His outstanding 4 qualities and strong character have not only 5 carved him into a courageous leader but into a 6 man of great value. 7 Fellow members, I strongly 8 recommend that you join me in voting in favor 9 of Malcolm A. Smith for the Temporary 10 President of the State Senate. 11 And always remember the four R's -- 12 reform, revitalization, responsibility, and 13 results -- because all our constituents are 14 watching. 15 Thank you very much, Mr. President. 16 (Applause.) 17 THE PRESIDENT: Thank you, 18 Senator. 19 On the question of the substitute 20 resolution, all those in favor please signify 21 by saying aye. 22 (Response of "Aye.") 23 THE PRESIDENT: Those opposed, 24 please indicate so by saying nay. 25 (Response of "Nay.")
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(518) 371-8910 1 THE PRESIDENT: The nays have it. 2 The resolution is defeated. 3 Did I say that? 4 (Laughter.) 5 THE PRESIDENT: The Chair 6 recognizes Senator Johnson. 7 SENATOR JOHNSON: I would like to 8 speak on behalf of this body concerning the 9 man who has been our leader, Majority Leader 10 and President Pro Tem, for the past dozen 11 years. 12 We all know Joe Bruno. He knows 13 you. And he's run this house with some 14 efficiency not formerly seen, starting on 15 time, ending sessions on time, more or less -- 16 no 4 o'clock in the morning sessions. We even 17 start this session at the beginning of the 18 year at the call of the Governor, and we end 19 up on a date set by Joe Bruno together with 20 the majority leader in the other house. So we 21 start and end on time our sessions and our 22 day. That's wonderful. 23 And we've done a lot of things in 24 the meanwhile. I must say that, yes, I would 25 say I've taken a lot of credit for it, but
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(518) 371-8910 1 really Joe Bruno is the man who led me and 2 pushed me to have two budgets on time as 3 Finance chairman. We've had two budgets done 4 on time for the last two years, which is an 5 accomplishment -- which didn't happen in the 6 first 30 years I served here. So I think it's 7 a wonderful accomplishment; we should take 8 pride in that. 9 He's not only our leader of the 10 Republicans, he's a leader of the whole house, 11 Democrats and Republicans. He's our leader of 12 all of us. I think he respects and has the 13 respect of the Minority in this house and the 14 Majority for the work he's accomplished over 15 the years. 16 Now we've got a new Governor and 17 we've got a new era, we say. And I think we 18 can depend upon him now, as we did in the 19 past, to deal with the programs which come 20 from the Governor and the things which we'd 21 like to accomplish together, collectively. 22 And he will be leading us in the right 23 direction for the next several years. 24 And I'm happy to say that Joe Bruno 25 is the man, and I'd like to move that we all
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(518) 371-8910 1 vote in his favor. 2 THE PRESIDENT: Thank you, 3 Senator Johnson. 4 The question is on Resolution 5 Number 1. All those in favor please signify 6 by saying aye. 7 (Response of "Aye.") 8 THE PRESIDENT: All those 9 opposed? 10 (Response of "Nay.") 11 THE PRESIDENT: The resolution is 12 adopted. 13 Congratulations, Senator Bruno. 14 (Standing ovation.) 15 THE PRESIDENT: Senator Bruno has 16 served with distinction as the Temporary 17 President of the Senate for the last 12 years. 18 We wish the Senator well for the next two 19 years. 20 The chair states for the record 21 that Senator Joseph L. Bruno has been elected 22 by the Senate to be its Temporary President 23 for the years 2007-2008. 24 Senator Bruno, if you will come 25 forward -- and I don't kill myself coming
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(518) 371-8910 1 down -- I will swear you in. 2 (Laughter.) 3 THE PRESIDENT: Joe, I told you 4 this day would come. 5 (Laughter.) 6 THE PRESIDENT: Place your left 7 hand on the Bible; please raise your right 8 hand. Repeat after me: I -- 9 SENATOR BRUNO: I -- 10 THE PRESIDENT: -- Joseph L. 11 Bruno -- 12 SENATOR BRUNO: Joseph L. 13 Bruno -- 14 THE PRESIDENT: -- do solemnly 15 swear -- 16 SENATOR BRUNO: -- do solemnly 17 swear -- 18 THE PRESIDENT: -- to uphold -- 19 SENATOR BRUNO: -- to uphold -- 20 THE PRESIDENT: -- the 21 Constitution of the United States -- 22 SENATOR BRUNO: -- the 23 Constitution of the United States -- 24 THE PRESIDENT: -- and the 25 Constitution of the State of New York --
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(518) 371-8910 1 SENATOR BRUNO: -- and the 2 Constitution of the State of New York -- 3 THE PRESIDENT: -- and that I 4 will discharge my duties -- 5 SENATOR BRUNO: -- and that I 6 will discharge my duties -- 7 THE PRESIDENT: -- as Temporary 8 President of the Senate -- 9 SENATOR BRUNO: -- as Temporary 10 President of the Senate -- 11 THE PRESIDENT: -- to the best of 12 my ability -- 13 SENATOR BRUNO: -- to the best of 14 my ability -- 15 THE PRESIDENT: -- so help me 16 God. 17 SENATOR BRUNO: -- so help me 18 God. 19 THE PRESIDENT: Congratulations. 20 SENATOR BRUNO: Thank you. 21 (Standing ovation.) 22 THE PRESIDENT: We now recognize 23 the Majority Leader, Senator Bruno, for 24 remarks. 25 SENATOR BRUNO: Thank you,
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(518) 371-8910 1 Mr. President. And colleagues, thank you. 2 I want to thank those that have 3 been there, being supportive, being partners, 4 being there throughout these past years and 5 presently. 6 And it really is a pleasure -- and 7 our business is one of bittersweet; happy, 8 sad -- but it's a pleasure to see our former 9 colleague here as the leader on the floor now 10 as the presiding officer -- 11 (Applause.) 12 SENATOR BRUNO: -- our Lieutenant 13 Governor, David Paterson. 14 (Applause.) 15 SENATOR BRUNO: I marvel at the 16 training that our Lieutenant Governor had as 17 he spent his years on the floor of the Senate. 18 I never heard him more articulate or better 19 than you were today, David. And you will just 20 grow and grow and grow. 21 And please forgive me if on some 22 occasion I say "Madam President" instead of 23 "Mr. President." 24 (Laughter.) 25 SENATOR BRUNO: David, truly,
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(518) 371-8910 1 it's a pleasure to be here. 2 And to Malcolm, Malcolm Smith, you 3 know what? This race gets closer than I'd 4 like to see it. 5 (Laughter.) 6 SENATOR BRUNO: And Senator 7 Sampson said all of the right things. Malcolm 8 Smith is a great man, a great leader. 9 And I look forward to partnering, 10 because the campaigns are over, the politics 11 are over, the Lieutenant Governor presides as 12 the presiding officer, Malcolm serves. We're 13 here thanks to the good offices of all of you 14 who are my colleagues and my friends, my 15 family -- Sue is here, and my son, Ken. 16 Betty Little's son David, 17 lieutenant commander, jet pilot -- 18 (Applause.) 19 SENATOR BRUNO: We are going to 20 hear the State of the State from our new 21 Governor, and that will set the tone for our 22 togetherness. 23 And Bishop Herzog, thank you very 24 much for your kind words and your prayer, 25 which all of us need.
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(518) 371-8910 1 These are challenging times. These 2 are days that are problematic; more 3 problematic for some than for others. There 4 are crises that are out there that we must 5 face and we will overcome. 6 And I'm here now, and I can tell 7 you we will overcome whatever challenges are 8 out there. And we will do it singularly, if 9 that applies, and collectively when it's a 10 challenge before this house, because we are 11 partners as we go forward. 12 The people of this state need 13 leadership. They deserve the best of 14 everything that we can do for them 15 collectively. Not in a partisanship way, 16 because that is behind us. 17 And we talk about reforms in every 18 way. We talk about support for jobs and 19 economic development in every way, we talk 20 about the critically important parts of 21 education, healthcare, and you name it. We 22 are here to be of service to our mutual 23 constituency. 24 We have seven new members here in 25 this chamber. And our Senators, Lanza and
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(518) 371-8910 1 Griffo on this side, and the Minority Leader 2 I'm sure will address the five on this side. 3 We are together, and from this day 4 forward we are going to go forward together to 5 do the best things that all of us can do for 6 the people of this state, with the Executive, 7 with the Legislative, in a partnership. 8 So thank you all for the great, 9 great support. Thank you for the confidence. 10 Thank you for the friendship and for the 11 prayers. 12 And let me assure you on this, our 13 day one, this is going to be the best years of 14 our life. Thank you, Mr. President. 15 (Applause.) 16 THE PRESIDENT: Thank you, 17 Senator Bruno. 18 We have received communication from 19 the Senate Democratic Conference that Malcolm 20 A. Smith, of Queens County, has been elected 21 Minority Leader of the New York State Senate 22 for the years 2007-2008. 23 Congratulations, Senator Smith. At 24 this time the floor is yours. 25 SENATOR SMITH: Thank you very
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(518) 371-8910 1 much, Mr. President. Thank you very much 2 Mr. President, David Paterson. Thank you very 3 much, Mr. President, David Paterson, my 4 friend. And thank you very much, Mr. David 5 Paterson, someone who I believe we all 6 recognize not only has a breadth of intellect 7 but I don't know anybody that can recite and 8 memorize numbers and figures like the new 9 Lieutenant Governor. 10 Congratulations to you, Lieutenant 11 Governor Paterson. You are obviously in the 12 right place at the right time. 13 (Applause.) 14 SENATOR SMITH: However, perhaps, 15 Joe, my first order of business is to call for 16 a recount. That voice sounded a little bit 17 low on that side, wouldn't you say? 18 (Laughter.) 19 SENATOR SMITH: First of all, let 20 me thank God for giving me what I consider to 21 be an awesome responsibility at this time in 22 my life. 23 Let me thank my colleagues, who 24 have entrusted me to do what we think is right 25 and who have entrusted me with also the future
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(518) 371-8910 1 of this conference and where we are headed. 2 And I do not take that for granted. 3 I want you to know that each and every time I 4 make a decision, I make a decision that is one 5 that we will agree upon, one that we will all 6 have an opportunity to have input on. And at 7 the end of the day, I'll make the decision. 8 (Laughter.) 9 SENATOR SMITH: And also to my 10 family, who's here -- my wife of 20 years, 11 Michele. 12 (Applause.) 13 SENATOR SMITH: And my daughter, 14 who runs my house. Amanda, stand up, please, 15 Amanda. 16 (Applause.) 17 SENATOR SMITH: And, Joe, you 18 know I live in your district while I'm up 19 here. And how I live in your district is that 20 my sister-in-law and her husband and her 21 family is here, Mikki Ward-Harper and her 22 husband, Edward Harper. Please stand. 23 (Applause.) 24 SENATOR SMITH: I'll tell you, 25 throughout history, there have been many
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(518) 371-8910 1 defining moments for each and every one of us. 2 And I daresay if I asked you to describe one, 3 you could probably talk for the next hour or 4 two about the many defining moments that have 5 happened in your life that have had an impact 6 on where you are in the future. 7 Today is a defining moment for me, 8 no question about it. But let me share with 9 you one defining moment which I believe placed 10 me where I am here today. I was about 11 12 years old. I'll never forget this day. I 12 was actually sitting in my kitchen, or my 13 parents' kitchen. It was a spring morning, it 14 was about 8 o'clock in the morning. And I 15 know that it was a spring morning because I 16 remember the warmth coming through the window. 17 And my mother walked into the kitchen. 18 And one of the things that my 19 mother would normally do in the morning, she 20 would come into the kitchen and she would just 21 do what mothers do, prepare some breakfast for 22 some of her family members and then go about 23 her business. But this morning my mother 24 walked in and she said to me -- she looked at 25 me, and she said, "Malcolm, what do you want
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(518) 371-8910 1 to be when you grow up?" 2 Twelve years old; what do I know? 3 I just said, "Ma, I don't know, what should I 4 be when I grow up?" 5 She didn't answer that question. 6 She looked at me and she asked me another 7 question. She said to me, "What will you do 8 if I'm not here anymore?" 9 And at that moment I said to myself 10 my mother hit me in my center. I'm 12 years 11 old; she's asking me what do I do if she's not 12 here anymore. And I said, "Well, Ma, I tell 13 you, I don't know why you asked me that. But 14 if you're not here anymore, I'm not going to 15 speak to anybody anymore because I'm going to 16 be too hurt inside." 17 And she said to me, "Malcolm, you 18 can't do that." And I said, "Well, why?" 19 And she said, "Well, I'm going to 20 share a story with you, and I want you to 21 remember this your entire life." She said -- 22 she was 42 when she had me; she had me at a 23 late age in her life -- she had asked God that 24 "If you give me a son, I will make sure that 25 he maintains his faith in God and that he
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(518) 371-8910 1 serves and helps the people where he lives." 2 Little did I know when she told me 3 that story that she was writing my destiny. 4 Ergo, that's why I am here today. 5 (Applause.) 6 SENATOR SMITH: This is a 7 defining moment for all of us, a defining 8 moment because we need to tell the people of 9 the State of New York that we got the message. 10 We heard what they said when they elected 11 Senator Paterson to Lieutenant Governor and to 12 Eliot Spitzer as the Governor, a 40 percent 13 margin. We got the message. 14 Today we pledged allegiance to this 15 flag. Today we should pledge allegiance to 16 that flag as well and let people know that on 17 a short order, we are going to respond to the 18 message that they gave us. 19 Now, you will say to me: Malcolm, 20 but this is the Legislature. We don't do 21 things on a short order. 22 But we're going to be able to do it 23 on a short order, one, because we know what is 24 important, on a short order because we know 25 what we need to do, and on a short order
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(518) 371-8910 1 because we know what we must do. 2 And what we must do is reform the 3 rules of this house so that every member has 4 the opportunity to give ideas and to initiate 5 legislation so that the people of this state 6 know that they can get real impact and real 7 legislation that will make their lives better. 8 Every member on this side of the 9 aisle has the intellectual capacity to get 10 that done. We need to let the people of this 11 state know that we are going to make that 12 happen. 13 We have to revitalize -- 14 (Applause.) 15 SENATOR SMITH: We have to 16 revitalize the confidence of the people of 17 this state. Each and every one of you has 18 family members. Each and every one of you I 19 daresay has a family member who's said to you: 20 I don't know if I can work here anymore, I 21 don't know if I can afford to pay the taxes 22 here anymore, I don't know if I can educate my 23 children here. 24 We have to revitalize the people's 25 energy and the confidence that we can do it
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(518) 371-8910 1 and we've got the answer. 2 Also, we have to get results. We 3 have to get the results that they've asked 4 for. We need to make sure people can educate 5 their children here. We need to make sure 6 people will be able to have healthcare so that 7 everybody can know that if they have some 8 problem in life, they can go to an appropriate 9 facility and be taken care of. We need to 10 make sure that our children are smart enough 11 to compete. And we need to make sure 12 businesses in this state cannot only do 13 business and grow but do not get taxed out of 14 this particular state. 15 We need to make sure that we have 16 reform, revitalization and results. And how 17 do we get there, and what do we do? We do it 18 by pledging allegiance to that flag. But 19 today I pledge allegiance to this flag that 20 represents the 62 counties of New York State. 21 And I represent to you that this flag is the 22 flag that we must tell everybody that it is 23 indivisible, it's under God, with liberty and 24 justice for all. 25 And I tell you --
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(518) 371-8910 1 (Applause.) 2 SENATOR SMITH: -- that this is, 3 this is the defining moment in our history. 4 Now is the time for us to let the people of 5 this state know that we got it right. 6 Thank you, and God bless. 7 (Applause.) 8 THE PRESIDENT: The chair 9 recognizes Senator Bruno. 10 SENATOR BRUNO: Mr. President, I 11 have Resolution Number 3 at the desk. I would 12 ask that the title be read, move for its 13 immediate adoption. 14 THE PRESIDENT: The Secretary 15 will read. 16 THE SECRETARY: By Senator Bruno, 17 Senate Resolution Number 3, that Steven M. 18 Boggess, of Sand Lake, New York, be and he 19 hereby is elected Secretary of the Senate for 20 the years 2007-2008. 21 THE PRESIDENT: The question is 22 on the resolution. All those in favor please 23 signify by saying aye. 24 (Response of "Aye.") 25 THE PRESIDENT: Opposed, nay.
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(518) 371-8910 1 (No response.) 2 THE PRESIDENT: The resolution is 3 adopted. 4 The chair would like to state for 5 the record that Steven M. Boggess, who has 6 served for the last 11 years with distinction, 7 will now serve as Secretary of the Senate for 8 the years 2007-2008. 9 Congratulations, Steve. If you'll 10 please come forward, we will administer your 11 oath of office. 12 (Applause.) 13 THE PRESIDENT: Please raise your 14 right hand and repeat after me: I -- 15 SECRETARY OF THE SENATE BOGGESS: 16 I -- 17 THE PRESIDENT: -- Steven M. 18 Boggess -- 19 SECRETARY OF THE SENATE BOGGESS: 20 -- Steven M. Boggess -- 21 THE PRESIDENT: -- do solemnly 22 swear -- 23 SECRETARY OF THE SENATE BOGGESS: 24 -- do solemnly swear -- 25 THE PRESIDENT: -- that I will
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(518) 371-8910 1 faithfully discharge the duties -- 2 SECRETARY OF THE SENATE BOGGESS: 3 -- that I will faithfully discharge the 4 duties -- 5 THE PRESIDENT: -- of Secretary 6 of the New York State Senate -- 7 SECRETARY OF THE SENATE BOGGESS: 8 -- of Secretary of the New York State 9 Senate -- 10 THE PRESIDENT: -- and I will 11 uphold the Constitution -- 12 SECRETARY OF THE SENATE BOGGESS: 13 -- and I will uphold the Constitution -- 14 THE PRESIDENT: -- of the United 15 States -- 16 SECRETARY OF THE SENATE BOGGESS: 17 -- of the United States -- 18 THE PRESIDENT: -- and the 19 Constitution of the State of New York -- 20 SECRETARY OF THE SENATE BOGGESS: 21 -- and the constitution of the State of 22 New York -- 23 THE PRESIDENT: -- and any rules 24 that the Senate will discharge -- 25 SECRETARY OF THE SENATE BOGGESS:
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(518) 371-8910 1 -- and any rules that the Senate will 2 discharge -- 3 THE PRESIDENT: -- to the best of 4 my ability -- 5 SECRETARY OF THE SENATE BOGGESS: 6 -- to the best of my ability -- 7 THE PRESIDENT: -- so help me 8 God. 9 SECRETARY OF THE SENATE BOGGESS: 10 -- so help me God. 11 THE PRESIDENT: Congratulations. 12 (Applause.) 13 THE PRESIDENT: The chair 14 recognizes Senator Bruno. 15 SENATOR BRUNO: Mr. President, I 16 have Resolution Number 4 at the desk. I would 17 ask that the title be read and move for its 18 immediate adoption. 19 THE PRESIDENT: The Secretary 20 will read. 21 THE SECRETARY: By Senator Bruno, 22 Senate Resolution Number 4, that Catherine 23 Kirkland be, and she hereby is elected the 24 Official Stenographer of the Senate for the 25 years 2007-2008.
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(518) 371-8910 1 THE PRESIDENT: The question is 2 on the resolution. All those in favor please 3 signify by saying aye. 4 (Response of "Aye.") 5 THE PRESIDENT: Opposed, nay. 6 (No response.) 7 THE PRESIDENT: The resolution is 8 adopted. 9 The chair will state for the record 10 that Catherine Kirkland, who has served the 11 Senate with distinction as well, will serve in 12 the years 2007-2008 as the Senate 13 Stenographer. 14 Congratulations, Cathy. 15 (Applause.) 16 SENATOR BRUNO: Mr. President, I 17 have Resolution Number 5 at the desk. I ask 18 that the title be read and move for its 19 immediate adoption. 20 THE PRESIDENT: I'm sure glad the 21 Secretary is going to read, because I can't. 22 (Laughter.) 23 THE SECRETARY: By Senator Bruno, 24 Senate Resolution Number 5, that William C. 25 Martin be, and he hereby is elected
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(518) 371-8910 1 Sergeant-at-Arms of the Senate for the years 2 2007-2008. 3 THE PRESIDENT: On the 4 resolution, all those in favor please signify 5 by saying aye. 6 (Response of "Aye.") 7 THE PRESIDENT: Opposed, nay. 8 (No response.) 9 THE PRESIDENT: The resolution is 10 adopted. 11 And William C. Martin, 12 congratulations. The chair states for the 13 record that you have been elected as the 14 Sergeant-at-Arms for the New York State Senate 15 for the years 2007-2008. 16 Congratulations, Bill. 17 (Applause.) 18 THE PRESIDENT: Senator Bruno. 19 SENATOR BRUNO: And, 20 Mr. President, I have Resolutions Number 6, 7, 21 and 8 at the desk. I would ask that they be 22 read in their entirety and move for their 23 immediate adoption. 24 THE PRESIDENT: The Secretary 25 will read Resolutions 6, 7 and 8.
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(518) 371-8910 1 THE SECRETARY: The Assembly sent 2 for concurrence Assembly Concurrent Resolution 3 Number 3. Senator Bruno moved to substitute 4 Senate Concurrent Resolution Number 6. 5 THE PRESIDENT: Substitution 6 ordered. 7 The Secretary will read. 8 THE SECRETARY: By Senator Bruno, 9 Concurrent Resolution of the Senate and 10 Assembly Number 6, providing for a joint 11 assembly for the purpose of receiving a 12 message from the Governor. 13 "RESOLVED, That the Senate and 14 Assembly meet in joint assembly in the 15 Assembly Chamber at 1 o'clock p.m. today, for 16 the purpose of receiving a message from the 17 Governor." 18 THE PRESIDENT: On the 19 resolution, all those in favor please signify 20 by saying aye. 21 (Response of "Aye.") 22 THE PRESIDENT: Opposed, nay. 23 (No response.) 24 THE PRESIDENT: The resolution is 25 adopted.
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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: By Senator Bruno, 3 Senate Resolution Number 7, resolved that the 4 Temporary President appoint a Committee of two 5 to inform the Governor of the election of 6 Joseph L. Bruno as Temporary President of the 7 Senate for the years 2007-2008, and that the 8 Senate is organized and ready to proceed with 9 business and will meet with the Assembly in 10 the Assembly Chamber at 1:00 p.m. to receive 11 the Governor's message. 12 "RESOLVED, That the Temporary 13 President appoint a Committee of two comprised 14 of Senator Robach and Senator Stewart-Cousins 15 for the purpose of informing the Governor of 16 the election of Joseph L. Bruno as Temporary 17 President of the Senate for the years 18 2007-2008, and that the Senate is organized 19 and ready to proceed with business and will 20 meet with the Assembly in the Assembly Chamber 21 at 1:00 p.m. today to receive the Governor's 22 message." 23 THE PRESIDENT: On the 24 resolution, all those in favor. 25 (Response of "Aye.")
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(518) 371-8910 1 THE PRESIDENT: Opposed, nay. 2 (No response.) 3 THE PRESIDENT: The resolution is 4 adopted. 5 The Secretary will read. 6 THE SECRETARY: By Senator Bruno, 7 Senate Resolution Number 8, resolved that the 8 Temporary President appoint a Committee of two 9 to wait upon the Assembly and inform that body 10 of the election of Joseph L. Bruno as 11 Temporary President of the Senate for the 12 years 2007-2008, and that the Senate is 13 organized and ready to proceed with business 14 and will meet jointly with the Assembly in the 15 Assembly Chamber at 1:00 p.m. to receive the 16 Governor's message. 17 "RESOLVED, That the Temporary 18 President appoint a Committee of two comprised 19 of Senator Young and Senator Valesky for the 20 purpose of waiting upon the Assembly and 21 informing that body of the election of Joseph 22 L. Bruno as Temporary President of the Senate 23 for the years 2007-2008." 24 THE PRESIDENT: The chair 25 appoints Senators Young and Valesky to inform
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(518) 371-8910 1 the Assembly that the Senate is ready for 2 business and will meet them in joint session 3 at 1:00 p.m. today. 4 The question is on the resolution. 5 All those in favor please signify by saying 6 aye. 7 (Response of "Aye.") 8 THE PRESIDENT: Opposed, nay. 9 (No response.) 10 THE PRESIDENT: The resolution is 11 adopted. 12 Senator Bruno. 13 SENATOR BRUNO: Mr. President, I 14 have Resolutions 9 and 10 at the desk. I ask 15 that the titles be read and move for their 16 immediate adoption. 17 THE PRESIDENT: The Secretary 18 will read. 19 THE SECRETARY: By Senator Bruno, 20 Senate Resolution Number 9, providing for the 21 adoption of the Rules of the Senate for a 22 certain period of time. 23 THE PRESIDENT: The question is 24 on the resolution. All those in favor please 25 signify by saying aye.
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(518) 371-8910 1 (Response of "Aye.") 2 THE PRESIDENT: Opposed, nay. 3 (No response.) 4 THE PRESIDENT: The resolution is 5 adopted. 6 The chair notes the presence of 7 Assembly Members Farrell and Hayes for 8 purposes of a communication. 9 ASSEMBLYMAN HAYES: Mr. 10 President, Assemblyman Farrell and I are here 11 to advise you of the reelection of Sheldon 12 Silver as Speaker of the Assembly, and to 13 further advise you that the Assembly is 14 organized and ready to conduct business. 15 ASSEMBLYMAN FARRELL: There's a 16 question about being organized, but we'll 17 accept the -- 18 (Laughter.) 19 ASSEMBLYMAN FARRELL: And it's a 20 pleasure to be here, Mr. President, speaking 21 to you. 22 THE PRESIDENT: Thank you, 23 Assembly Members Hayes and Farrell, for that 24 communication. 25 The chair recognizes Senator Bruno.
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(518) 371-8910 1 SENATOR BRUNO: The Secretary 2 will read. 3 THE SECRETARY: By Senator Bruno, 4 Senate Resolution Number 10, providing for the 5 hours of meeting by the Senate for the years 6 2007-2008. 7 THE PRESIDENT: On the 8 resolution, all those in favor please signify 9 by saying aye. 10 (Response of "Aye.") 11 THE PRESIDENT: Opposed, nay. 12 (No response.) 13 THE PRESIDENT: The resolution is 14 adopted for the hours, the daily hours of the 15 Senate for the years 2007 and 2008. 16 The chair now recognizes Senator 17 Bruno. 18 SENATOR BRUNO: Mr. President, we 19 are handing up temporary committee 20 assignments. And in consultation with 21 Minority Leader Malcolm Smith, we are handing 22 up the Minority's temporary assignments for 23 chairs. 24 THE PRESIDENT: Thank you, 25 Senator.
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(518) 371-8910 1 The notice will be filed in the 2 Journal. 3 The chair recognizes Senator Bruno. 4 SENATOR BRUNO: Mr. President, 5 let me just, for the record, again 6 congratulate you and recognize that for the 7 first time in 12 years, we're going to be late 8 for the State of the State. 9 And, you know, I can only -- 10 (Laughter.) 11 SENATOR BRUNO: -- I can only 12 deliver a message to our Governor that you are 13 so articulate, Malcolm Smith is so articulate, 14 Senator Sampson is so articulate that you ran 15 the clock. 16 (Laughter.) 17 SENATOR BRUNO: Senator Smith is 18 not done. He has some other words to say. I 19 would respectfully recommend that you 20 recognize him so that he is well behaved. 21 THE PRESIDENT: Senator Smith. 22 SENATOR SMITH: Thank you very 23 much, Mr. President. 24 At this time I'd like to recognize 25 our five new members. As Senator Bruno has
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(518) 371-8910 1 said, the numbers are getting close. 2 First I'd like to recognize Senator 3 Shirley Huntley, from Queens. Shirley 4 Huntley. 5 (Applause.) 6 SENATOR SMITH: Senator Bill 7 Perkins, who has now taken your seat in the 8 State Senate from Harlem, New York. 9 (Applause.) 10 SENATOR SMITH: Senator Andrea 11 Stewart-Cousins has just left the chamber to 12 do her duty, but we acknowledge her in her 13 absence. 14 (Applause.) 15 SENATOR SMITH: Of course we have 16 Senator Eric Adams, from Brooklyn, as well. 17 (Applause.) 18 SENATOR SMITH: And of course, 19 last but not least, he hails from Western 20 New York, Senator Antoine Thompson. 21 (Applause.) 22 THE PRESIDENT: The chair 23 recognizes Senator Bruno. 24 SENATOR BRUNO: And, 25 Mr. President, we welcome to our chamber here
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(518) 371-8910 1 also Senator Lanza. And if he would stand up 2 and be recognized. 3 (Applause.) 4 SENATOR BRUNO: And Senator 5 Griffo. And, Senator Griffo, welcome. 6 (Applause.) 7 SENATOR BRUNO: And, 8 Mr. President, there being no further business 9 to presently come before the Senate, I would 10 recommend that we stand adjourned until 11 3:00 p.m. on January 8th, Monday, intervening 12 days to be legislative days. 13 Thank you. 14 THE PRESIDENT: The Senate will 15 now proceed to the Assembly for purposes of 16 joint session to receive the message from the 17 Governor of the State of New York. 18 After then, the Senate will be 19 adjourned until Monday, January 8th, at 20 3 o'clock -- that's 3 o'clock, not 3:25 -- and 21 we will stand adjourned. 22 (Whereupon, at 1:07 p.m., the 23 Senate adjourned.) 24 25
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