Wednesday, January 9, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 January 9, 2008 11 12:18 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: Welcome back. 3 The Senate will come to order, 4 hopefully in the same way that the 2007 5 session read. 6 Please rise and join with me in 7 reciting our Pledge of Allegiance. 8 (Whereupon, the assemblage recited 9 the Pledge of Allegiance to the Flag.) 10 THE PRESIDENT: We are joined 11 today by the Most Reverend Howard J. Hubbard, 12 who is the bishop of Albany. He will give our 13 invocation. 14 BISHOP HUBBARD: Let us pray. 15 Eternal and faithful God of us all, 16 in Your mighty providence You have endowed the 17 people representing us in state government 18 with varied gifts of wisdom, resourcefulness, 19 imagination, foresight, awareness of human 20 frailty, and consequently of the need for 21 human solidarity in confronting together how 22 best to meet the needs of these troubled times 23 and to serve the aspirations and the common 24 good of our people. 25 O, caring God, bless, we pray, the

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(518) 371-8910 1 gifts that each legislator in our State Senate 2 brings to the people of New York, and enable 3 these dedicated public servants to utilize 4 their varied gifts in ways that redound to the 5 benefit of the citizens of our Empire State. 6 May they work together in a civil 7 and harmonious fashion with one another, the 8 Governor, and the members of the Assembly, 9 putting the common weal before partisan 10 politics and vested self-interest. 11 Embolden all who are involved in 12 the 2008 session to channel their efforts and 13 their energies to address courageously the 14 thorny issues and serious concerns of so many, 15 especially those who suffer the plight of 16 homelessness, hunger, unemployment, alcohol 17 and substance abuse, and the lack of adequate 18 education and healthcare opportunities. 19 Grant to us all, O God, a widening 20 of our vision, that it may increase an 21 awareness of the crises and dramatic needs of 22 many of our brothers and sisters, not only 23 here in New York but in the United States and 24 in other countries throughout the world. 25 In a special way, dear God, we pray

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(518) 371-8910 1 today for Barbara "Bobbie" Bruno, the wife of 2 the Majority Leader of this chamber, who is 3 being laid to rest. Grant her that fullness 4 of life that her noble sojourn among us so 5 well deserves. 6 Bless, too, her husband Joe and her 7 four children and grandchildren in this time 8 of sorrow. May they be buoyed up by Your 9 strength and by the comfort and solace of 10 loving family and friends. 11 Finally, O compassionate God, in 12 the morning time of this new year of 2008 we 13 ask that You bless this legislative body and 14 that the good work begun this day will reach a 15 successful conclusion. 16 For all this we pray, O loving God, 17 in your sacred name, You who live and reign 18 both now and forever and ever. 19 Amen. 20 THE PRESIDENT: We'd like to 21 thank Bishop Hubbard for his very kind 22 condolences to the Bruno family. 23 And may I suggest that we have a 24 moment of silence in honor of Barbara Bruno, 25 who passed away two days ago.

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(518) 371-8910 1 (Whereupon, the assemblage 2 respected a moment of silence.) 3 THE PRESIDENT: The Secretary 4 will call the roll to ascertain a quorum. 5 THE SECRETARY: Senator Adams, 6 excused. 7 Senator Alesi. 8 SENATOR ALESI: Here. 9 THE SECRETARY: Senator Bonacic. 10 SENATOR BONACIC: Present. 11 THE SECRETARY: Senator Breslin. 12 SENATOR BRESLIN: Present. 13 THE SECRETARY: Senator Bruno, 14 excused. 15 Senator Connor. 16 (No response.) 17 THE SECRETARY: Senator 18 DeFrancisco, excused. 19 Senator Diaz. 20 SENATOR DIAZ: Presente aqui. 21 THE SECRETARY: Senator Dilan. 22 SENATOR DILAN: Here. 23 THE SECRETARY: Senator Duane. 24 SENATOR DUANE: Here. 25 THE SECRETARY: Senator Farley.

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(518) 371-8910 1 SENATOR FARLEY: Here. 2 THE SECRETARY: Senator Flanagan. 3 (Senator Flanagan was recorded as 4 present.) 5 THE SECRETARY: Senator 6 Fuschillo. 7 SENATOR FUSCHILLO: Present. 8 THE SECRETARY: Senator Golden. 9 (No response.) 10 THE SECRETARY: Senator Gonzalez. 11 SENATOR GONZALEZ: Here. 12 THE SECRETARY: Senator Griffo. 13 SENATOR GRIFFO: Here. 14 THE SECRETARY: Senator Hannon. 15 (Senator Hannon was recorded as 16 present.) 17 THE SECRETARY: Senator 18 Hassell-Thompson. 19 SENATOR HASSELL-THOMPSON: Here. 20 THE SECRETARY: Senator Huntley, 21 excused. 22 Senator C. Johnson. 23 SENATOR CRAIG JOHNSON: Here. 24 THE SECRETARY: Senator O. 25 Johnson.

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(518) 371-8910 1 SENATOR OWEN JOHNSON: Here. 2 THE SECRETARY: Senator Klein. 3 SENATOR KLEIN: Here. 4 THE SECRETARY: Senator 5 L. Krueger. 6 SENATOR LIZ KRUEGER: Here. 7 THE SECRETARY: Senator C. 8 Kruger. 9 (No response.) 10 THE SECRETARY: Senator Lanza. 11 SENATOR LANZA: Here. 12 THE SECRETARY: Senator Larkin. 13 SENATOR LARKIN: Here. 14 THE SECRETARY: Senator LaValle. 15 SENATOR LaVALLE: Here. 16 THE SECRETARY: Senator Leibell. 17 SENATOR LEIBELL: Here. 18 THE SECRETARY: Senator Libous. 19 SENATOR LIBOUS: Present. 20 THE SECRETARY: Senator Little. 21 SENATOR LITTLE: Present. 22 THE SECRETARY: Senator Maltese. 23 SENATOR MALTESE: Present. 24 THE SECRETARY: Senator 25 Marcellino.

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(518) 371-8910 1 SENATOR MARCELLINO: Here. 2 THE SECRETARY: Senator Maziarz. 3 SENATOR MAZIARZ: Here. 4 THE SECRETARY: Senator 5 Montgomery. 6 SENATOR MONTGOMERY: Here. 7 THE SECRETARY: Senator Morahan. 8 SENATOR MORAHAN: Here. 9 THE SECRETARY: Senator Nozzolio. 10 SENATOR NOZZOLIO: Present. 11 THE SECRETARY: Senator Onorato. 12 SENATOR ONORATO: Present. 13 THE SECRETARY: Senator 14 Oppenheimer. 15 SENATOR OPPENHEIMER: Here. 16 THE SECRETARY: Senator Padavan. 17 SENATOR PADAVAN: Here. 18 THE SECRETARY: Senator Parker. 19 SENATOR PARKER: Present. 20 THE PRESIDENT: Senator Skelos, a 21 quorum is present. 22 SENATOR SKELOS: Thank you, 23 Mr. President. 24 If we could please proceed with the 25 order of business.

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(518) 371-8910 1 THE PRESIDENT: Presentation of 2 petitions. 3 Messages from the Assembly. 4 Messages from the Governor. 5 The chair hands down a 6 communication from the Governor and asks the 7 Secretary to read. 8 THE SECRETARY: "Dear 9 Mr. President, 10 "I would appreciate the privilege 11 of appearing before your honorable bodies in 12 joint session on January 9, 2008, at 13 1:00 p.m., or as soon thereafter as may be 14 convenient, to personally deliver my annual 15 message to the Legislature. 16 "Very truly yours, Eliot Spitzer." 17 THE PRESIDENT: To be filed in 18 the Journal. 19 At our joint session today the 20 Governor will present some of the family 21 members of our late Senator Robert F. Kennedy. 22 And I would just like the members to be aware 23 that they are in the chamber today: his wife, 24 Ethel; his son Robert F. Kennedy, Jr; his 25 daughter Kathleen Kennedy Townsend; and his

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(518) 371-8910 1 daughter Kerry Kennedy. They are sitting 2 right here. 3 Welcome. 4 (Applause.) 5 THE PRESIDENT: As we begin this 6 session of 2008, I thought that we would pause 7 in our deliberations for a moment to reflect 8 on some of the concepts, the early concepts 9 that went into the drafting of not only our 10 state constitution but indeed our federal 11 Constitution, and the critical role that it 12 gave to the Senate in both governments. 13 The word "Senate" comes from the 14 term "Senatus", S-E-N-A-T-U-S, which means a 15 council of elders. This Latin term expresses 16 that the members of that council are imbued 17 with great wisdom. 18 The tradition of the Senate was 19 first offered by Romulus, the mythical king 20 and founder of Rome, who wanted to bring 21 together the heads of the most influential 100 22 families. The Senate was expanded to 300 by 23 Lucius Junius Brutus. 24 Throughout the centuries, the 25 practices and the procedures of the Senate --

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(518) 371-8910 1 quorum calls, rules for debate, appropriations 2 of resources, and appointment of judges -- 3 have been present in legislative bodies down 4 throughout history. 5 And so in our government that was 6 founded in Kingston, the Senate in 1777 and 7 moved to this chamber in 1881, we tried to 8 keep alive the twin principles of the original 9 Senate of Rome, that being the free and open 10 exchange of ideas in debate and the passage of 11 laws. 12 And so as we go to this 2008 13 session, I hope we will remember that 14 sometimes our discussions are diminished often 15 by our humanity, which expresses itself in 16 anger and in acrimony. But what we must be 17 foremost aware of as we engage in these 18 debates is that this is actually the concept 19 that's made our civilization so well known and 20 made our country of America so great. It is 21 the free and open exchange of ideas, combined 22 with the coalesced thinking that inevitably 23 benefits us through the passage of laws. 24 And so as we represent all 25 New Yorkers -- be they Asian, black, Hispanic

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(518) 371-8910 1 or white, be they upper middle class or 2 dependent on services from government, be they 3 tenants, landlords, coopers, homeowners and 4 even those who are losing their homes, sending 5 our children to public and private school -- I 6 hope that we will remember that this Senate is 7 no less distinguished than any other body 8 calling itself by the same name, either past 9 or present, and that we have an immense 10 opportunity this year if we start to look at 11 who we are, what we are, and what we can be. 12 The chair now recognizes the 13 Minority Leader of the Senate, Senator Malcolm 14 Smith. 15 SENATOR SMITH: Thank you very 16 much Mr. President. 17 And good afternoon to all of my 18 colleagues. 19 I know that we took a moment to 20 recognize the loss of our Majority Leader's 21 wife. But I do want to, on behalf of our 22 conference and our members, once again for the 23 record indicate that our heart goes out to 24 Joe. 25 I had a long conversation with him

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(518) 371-8910 1 this morning, and it was obvious by the tone 2 of the conversation -- and he talked to me 3 about when he and his wife first met, he 4 talked to me about how his wife -- actually, 5 her family didn't necessarily want her to 6 marry him because of the family relationship. 7 But yet still she believed in him and trusted 8 in him, and she married him. 9 It just told me that our friend the 10 Majority Leader is in a very serious place, 11 and his heart is hurting. 12 And I just wanted again to put on 13 the record that our heart goes out to him. We 14 continue to pray for him, and we will. And 15 know that if there's anything that we can do 16 for him, that we will do that. 17 I just wanted to say that again to 18 the members, that we are very seriously 19 concerned about how he is feeling and wanted 20 you to know that. 21 This is a good year for us. It's 22 an exciting year, I think. The President of 23 the Senate just told us so. This could be 24 that year. 25 But I do hope that as we go through

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(518) 371-8910 1 this session, the next six months, seven 2 months, that we will do what I think the 3 people of this state have been asking us to 4 do. 5 We have a challenge before us, 6 there's no question about it. But it is clear 7 that most of the people of this state have 8 lost their faith, trust and hope in us as a 9 body. 10 And I do hope that as we are 11 deliberating all that we have to do this year 12 that we remember and understand that we are 13 obligated to restore that faith and tell 14 people that yes, we can do things. Let them 15 know that they can trust our word if we say 16 we're going to do something. And also let 17 them know that we can give them that hope, 18 that hope that says there is a promise of 19 being here. 20 I was told when I grew up that if 21 you played by the rules, did all that you're 22 supposed to do, that the promise of New York 23 would say that you could live and have a 24 family and grow here. I have children myself; 25 I'm not sure if they can give live and grow

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(518) 371-8910 1 here after school, only because we have not 2 done what we were supposed to do. 3 It is my hope that this year we 4 will use this as a moment to turn that corner, 5 to say to the people of this state that this 6 is one New York. There's not an upstate, 7 there's not a downstate, this is one New York. 8 If part of us is not functioning, then all of 9 us is not functioning. 10 And I think we have that 11 opportunity. I know we have the intellect as 12 a body to rise above what we need to to get 13 that done. And I think this is an opportune 14 time for us to send a clear message to 15 everybody in this state that this is one 16 New York, and we can proceed in a way that 17 will put us back in a leadership position in 18 this country, which we need to do. 19 Thank you, Mr. President. 20 THE PRESIDENT: Thank you, 21 Senator Smith. 22 The chair now recognizes the Acting 23 Majority Leader of the Senate, Senator Dean 24 Skelos. 25 SENATOR SKELOS: Thank you very

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(518) 371-8910 1 much, Mr. President. 2 On behalf of our Majority 3 conference, and I know the entire Senate and 4 staff, we too want to send our prayers to 5 Senator Bruno on the loss of Bobbie. 6 I think many of us who have served 7 in the Senate for a number of years, and in 8 particular in the Majority conference, have 9 had the opportunity to be with Bobbie on 10 numerous occasions when she graciously hosted 11 us at their beautiful home. And at all times, 12 she went beyond just being a hostess; she was 13 a part of our family. And she always made us 14 feel that we are part of the Bruno family. A 15 very special lady. 16 And certainly I know at the 17 appropriate time -- and I would urge members 18 who can, there will be a memorial service this 19 Monday. If they can attend, I know that the 20 Bruno family would be most appreciative. 21 Our good friend the Lieutenant 22 Governor talked a little bit about the 23 definition of "Senate" and used certain Latin 24 phrases. As an American of Greek heritage, I 25 feel that many times we educated the world in

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(518) 371-8910 1 the right way. 2 To me, to me, the responsibility of 3 the Senate and, quite frankly, the Assembly is 4 to be a checks and balance, not just to 5 blindly follow an executive. It's to be a 6 checks and balance. 7 When we think the Governor is 8 wrong, we will stand up to him, as we did with 9 Governor Pataki. When we feel the Assembly is 10 wrong, we will point out where they're wrong. 11 The number-one responsibility is to 12 serve as a checks and balance and also to make 13 sure -- and this has been the priority of the 14 Senate under the leadership of Senator Bruno 15 and our conference -- property tax relief. 16 People are struggling. They can't 17 pay their taxes, their property taxes. We 18 need immediate property tax relief, not 19 necessarily commissions and further studies. 20 We need it now. We need to reduce property 21 taxes. 22 Economic development. Job 23 creation, a priority of this Majority 24 conference -- in particular, quite frankly, in 25 the upstate community. We have to work

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(518) 371-8910 1 diligently in a bipartisan way to make sure 2 that jobs are created upstate and we maintain 3 job creation and the economy in our City and 4 also on Long Island. 5 It would be presumptuous of me, 6 quite frankly, on behalf of the conference or 7 Senator Bruno to say really anything else. 8 But again, our prayers are with 9 Joe, his family. And I know that Joe will 10 speak at the appropriate time concerning the 11 legislative agenda that we will be going 12 forward with. 13 So, Mr. President, I appreciate the 14 courtesy of recognizing me and Senator Smith. 15 I know that we will all be working together to 16 do what's right for the people of the State of 17 New York. 18 THE PRESIDENT: Thank you, 19 Senator Skelos. 20 And we will be delighted to join 21 with you and the Bruno family at the memorial 22 next week. Thank you. 23 Let's return to the order of 24 business. 25 Reports of standing committees.

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(518) 371-8910 1 Reports of select committees. 2 Communications and reports from 3 state officers. 4 Motions and resolutions. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 on behalf of Senator Bruno, I offer up the 8 following resolution, Resolution 3843, request 9 that it be read, and move for its immediate 10 adoption. 11 THE PRESIDENT: The Secretary 12 will read Resolution 3843. 13 THE SECRETARY: By Senator Bruno, 14 Concurrent Resolution Number 3843 of the 15 Senate and Assembly, providing for a joint 16 Assembly for the purpose of receiving a 17 message from the 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 25 carries.

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(518) 371-8910 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President, 3 on behalf of Senator Bruno, I offer up the 4 following resolution, 3844, and request that 5 it be read and move for its immediate 6 adoption. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: By Senator Bruno, 10 Senate Resolution Number 3844, notifying the 11 Governor of a joint session with the Assembly 12 to receive the Governor's message. 13 "RESOLVED, That a committee of two 14 be appointed by Senator Bruno to inform the 15 Governor that the Senate has adjourned its 16 230th session sine die and has again convened 17 and is organized and ready to proceed to 18 business and will meet with the Assembly in 19 joint session in the Assembly chamber at 20 1:00 o'clock p.m., today, to receive the 21 Governor's message. 22 "RESOLVED, That Senator Bruno 23 appoint such committee, Senator Griffo and 24 Senator C. Johnson." 25 THE PRESIDENT: On the

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(518) 371-8910 1 resolution, all those in favor please indicate 2 so by saying aye. 3 (Response of "Aye.") 4 THE PRESIDENT: Any nays? 5 (No response.) 6 THE PRESIDENT: Senator Bruno 7 appoints Senators Griffo and C. Johnson to 8 inform the Governor that the Senate will join 9 in the joint session at 1:00 o'clock p.m. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 on behalf of Senator Bruno I hand up the 13 following resolution, 3845, and ask that it be 14 read and move for its immediate adoption. 15 THE PRESIDENT: The Secretary 16 will read. 17 THE SECRETARY: By Senator Bruno, 18 Senate Resolution Number 3845, notifying the 19 Assembly of a joint session with the Assembly 20 to receive the Governor's message. 21 "RESOLVED, That a committee of two 22 be appointed by Senator Bruno to inform the 23 Assembly that the Senate has adjourned its 24 230th session sine die and has again convened 25 and is organized and ready to proceed with

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(518) 371-8910 1 business and will meet with the Assembly in 2 joint session in the Assembly chamber at 3 1:00 o'clock p.m., today, to receive the 4 Governor's message. 5 "RESOLVED, That Senator Bruno 6 appoint such committee, Senator Lanza and 7 Senator Thompson." 8 THE PRESIDENT: On the 9 resolution, all those in favor. 10 (Response of "Aye.") 11 THE PRESIDENT: Opposed, nay. 12 (No response.) 13 THE PRESIDENT: Senator Bruno 14 therefore has appointed a delegation of 15 Senator Lanza and Senator Thompson to notify 16 the Assembly that it is resolved that the 17 Senate has adjourned the 230th session 18 sine die and that we are ready to meet in 19 joint session with the Assembly at 20 1:00 o'clock today. 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 we will now go to the Assembly chamber to 24 receive the Governor's message. 25 I now move that the Senate stand

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(518) 371-8910 1 adjourned until Monday, January 14th, at 2 3:00 p.m., intervening days being legislative 3 days. 4 THE PRESIDENT: Senate is 5 adjourned. 6 (Whereupon, at 12:38 p.m., the 7 Senate adjourned.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910