Gaveled in 12:15 PM · Albany, New York · 2009–10 session
1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 January 7, 2009 11 12:15 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR NEIL D. BRESLIN, Acting President 19 20 21 22 23 24
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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT BRESLIN: The 3 Senate will please come to order. 4 I ask everyone to rise for the 5 Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT BRESLIN: As is 9 the custom of this house of the State 10 Legislature, we open the day with a prayer. 11 We are pleased to have the Right 12 Reverend William H. Love, Bishop of the 13 Episcopal Diocese of Albany. 14 BISHOP LOVE: While I come here 15 today as a member of the body of Christ, I 16 recognize and appreciate that there are many 17 faith traditions present. As we pray, I 18 invite and encourage each of us, each of you, 19 to pray as you feel led and in accordance with 20 your faith tradition. 21 Let us pray. 22 Eternal and Heavenly Father, we 23 come humbly before You this day giving thanks 24 and praise for all our many blessings and
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(518) 371-8910 1 gifts. We thank You for Your love and mercy 2 and grace and the concern You have for all the 3 people of the world. 4 We thank You for the people of this 5 nation and this great state of New York, for 6 all our family and friends. We thank You for 7 all those who have been called and elected to 8 leadership positions, remembering especially 9 Governor David Paterson as he presents the 10 State of the State address later today; the 11 State Senate and its leadership; as well as 12 the State Assembly and its leadership. 13 Lord God, You are the fountain of 14 wisdom Whose will is good and gracious and 15 Whose law is truth. We beseech You as this 16 new legislative session begins to guide and 17 bless the State Senate and all those involved 18 in representing and governing the people of 19 New York. 20 Give them the courage, wisdom, 21 foresight and grace they need to enact just 22 and upright laws, promoting truth, justice and 23 peace, preserving and protecting the rights 24 and dignity of all people. Help them, Lord,
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(518) 371-8910 1 as they consider and deliberate the budget, to 2 be good stewards of all that which is 3 entrusted to their care, that they might 4 adequately and appropriately help provide for 5 the needs of the people of New York, never 6 forgetting the poor and those less fortunate 7 amongst us. 8 Lord, we ask that You would bless 9 our state with an abundant harvest from the 10 fields and orchards, with honorable industry, 11 sound learning, and pure manners. Save us 12 from violence, discord and confusion, from 13 pride and arrogance, and from every evil way. 14 Defend our liberties and fashion 15 into one united people the multitudes from the 16 many kindreds and tongues who make up this 17 state. 18 In a time of prosperity, fill our 19 hearts with thankfulness. And in a day of 20 trouble, may our trust in You never fail. 21 In Your most blessed and holy name, 22 in the name of Jesus, I pray. Amen. 23 ACTING PRESIDENT BRESLIN: Thank 24 you, Bishop.
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(518) 371-8910 1 The chair hands down a 2 communication from the State Board of 3 Elections dated December 4, 2008, that being 4 the official declaration and certification of 5 the results of the general election and the 6 various and several senatorial districts for 7 the office of the State Senate, held in the 8 state on the 4th day of November 2008. 9 If there are any members who have 10 not yet taken your oath of office, you are 11 invite to come forward at this time to be 12 sworn in. 13 (No response.) 14 ACTING PRESIDENT BRESLIN: Seeing 15 none, the Secretary will now call the roll to 16 determine the presence of a quorum. 17 After your name is called, please 18 note your presence for the record by saying 19 "here." 20 THE SECRETARY: Senator Adams. 21 SENATOR ADAMS: Here. 22 THE SECRETARY: Senator Addabbo. 23 SENATOR ADDABBO: Here. 24 THE SECRETARY: Senator Alesi.
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(518) 371-8910 1 SENATOR ALESI: Here. 2 THE SECRETARY: Senator 3 Aubertine. 4 SENATOR AUBERTINE: Here. 5 THE SECRETARY: Senator Bonacic. 6 SENATOR BONACIC: Present. 7 THE SECRETARY: Senator Breslin. 8 ACTING PRESIDENT BRESLIN: Here. 9 THE SECRETARY: Senator 10 DeFrancisco. 11 SENATOR DeFRANCISCO: Here. 12 THE SECRETARY: Senator Diaz. 13 SENATOR DIAZ: Aqui presente. 14 THE SECRETARY: Senator Dilan. 15 SENATOR DILAN: Present. 16 THE SECRETARY: Senator Duane. 17 SENATOR DUANE: Here. 18 THE SECRETARY: Senator Espada. 19 SENATOR ESPADA: Here. 20 THE SECRETARY: Senator Farley. 21 SENATOR FARLEY: Here. 22 THE SECRETARY: Senator Flanagan. 23 SENATOR FLANAGAN: Here. 24 THE SECRETARY: Senator Foley.
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(518) 371-8910 1 SENATOR FOLEY: Present. 2 THE SECRETARY: Senator 3 Fuschillo. 4 SENATOR FUSCHILLO: Present. 5 THE SECRETARY: Senator Golden. 6 SENATOR GOLDEN: Here. 7 THE SECRETARY: Senator Griffo. 8 SENATOR GRIFFO: Here. 9 THE SECRETARY: Senator Hannon. 10 SENATOR HANNON: Here. 11 THE SECRETARY: Senator 12 Hassell-Thompson. 13 SENATOR HASSELL-THOMPSON: Here. 14 THE SECRETARY: Senator Huntley. 15 SENATOR HUNTLEY: Here. 16 THE SECRETARY: Senator C. 17 Johnson. 18 SENATOR C. JOHNSON: Here. 19 THE SECRETARY: Senator O. 20 Johnson. 21 SENATOR O. JOHNSON: Here. 22 THE SECRETARY: Senator Klein. 23 SENATOR KLEIN: Here. 24 THE SECRETARY: Senator
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(518) 371-8910 1 L. Krueger. 2 SENATOR L. KRUEGER: Present. 3 THE SECRETARY: Senator C. 4 Kruger. 5 SENATOR C. KRUGER: Present. 6 THE SECRETARY: Senator Lanza. 7 SENATOR LANZA: Here. 8 THE SECRETARY: Senator Larkin. 9 SENATOR LARKIN: Here. 10 THE SECRETARY: Senator LaValle. 11 SENATOR LAVALLE: Present. 12 THE SECRETARY: Senator Leibell. 13 SENATOR LEIBELL: Here. 14 THE SECRETARY: Senator Libous. 15 SENATOR LIBOUS: Here. 16 THE SECRETARY: Senator Little. 17 SENATOR LITTLE: Here. 18 THE SECRETARY: Senator 19 Marcellino. 20 SENATOR MARCELLINO: Still here. 21 (Laughter; applause.) 22 ACTING PRESIDENT BRESLIN: The 23 Secretary indicates that a quorum is present. 24 Before we move on, the December 4,
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(518) 371-8910 1 2008, declaration and certificate will be 2 filed in the Senate Journal. 3 The chair hands down a 4 communication from the Governor of the State 5 of New York. 6 The Secretary will read. 7 THE SECRETARY: "Dear Temporary 8 President, I would appreciate the privilege of 9 appearing before your honorable bodies in 10 joint session on January 7, 2009, at one p.m. 11 or as soon thereafter as may be convenient, to 12 personally deliver my annual message to the 13 Legislature. 14 "Very truly yours, David A. 15 Paterson, Governor." 16 ACTING PRESIDENT BRESLIN: This 17 communication will be filed in the Senate 18 Journal. 19 The chair recognizes Senator Klein. 20 SENATOR KLEIN: Mr. President, 21 Resolution Number 1 is at the desk. I ask 22 that the title be read and move for its 23 immediate adoption. 24 ACTING PRESIDENT BRESLIN: The
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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: By Senator Klein, 3 Senate Resolution Number 1, providing for the 4 election of Malcolm A. Smith as Temporary 5 President of the Senate for the years 6 2009-2010. 7 ACTING PRESIDENT BRESLIN: The 8 chair recognizes Senator Libous. 9 SENATOR LIBOUS: Mr. President, I 10 believe there's a substitute resolution at the 11 desk. 12 ACTING PRESIDENT BRESLIN: The 13 Secretary will read. 14 THE SECRETARY: By Senator 15 Libous, Senate Resolution Number 2, providing 16 for the election of Dean G. Skelos as 17 Temporary President of the Senate for the 18 years 2009-2010. 19 ACTING PRESIDENT BRESLIN: 20 Senator Libous. 21 SENATOR LIBOUS: Thank you, 22 Mr. President. 23 We all come together today, the 24 first day of session, knowing that in a few
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(518) 371-8910 1 moments that the Governor is going to share 2 with us where he intends to lead this state. 3 And certainly this chamber is a very important 4 part of where we go. 5 This resolution would make Dean 6 Skelos the Majority Leader of this chamber, 7 because I believe that Senator Skelos has the 8 skills, the temperament, and the quality of 9 leadership to move this state forward in the 10 coming year. 11 We have a state that has taxes that 12 are too high, families in need of healthcare, 13 many, many problems that need to be 14 resolved -- a budget deficit of some 15 $15 billion. It's going to take extraordinary 16 leadership in this house to be able to help 17 solve those problems, Mr. President, and 18 that's why I put into nomination Dean Skelos 19 for Majority Leader. 20 ACTING PRESIDENT BRESLIN: Thank 21 you, Senator. 22 On the question of the substitute 23 resolution, all those in favor please signify 24 by saying aye.
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(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT BRESLIN: Those 3 opposed please indicate by saying nay. 4 (Response of "Nay.") 5 ACTING PRESIDENT BRESLIN: 6 Overwhelmingly, the nays have it. 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, 9 I'd like to have the opportunity to speak on 10 my resolution. 11 ACTING PRESIDENT BRESLIN: You 12 may proceed, Senator. 13 SENATOR KLEIN: Thank you, 14 Mr. President. 15 Today the Legislature reconvenes 16 for the 2009 legislative session, at the dawn 17 of history. The Senate is ready to hit the 18 ground running as we tackle the major issues 19 facing all New Yorkers in these tough economic 20 times. 21 We stand here united in our 22 commitment to one New York and pledge to 23 fulfill our constitutional duty and live up to 24 the expectations and responsibilities with
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(518) 371-8910 1 which we have been entrusted by the people of 2 the great State of New York. 3 Malcolm Smith stands here today as 4 an illustration of what's great about 5 New York -- humble beginnings in Queens, 6 New York, a tireless work ethic, and an 7 everlasting faith in God. 8 And so I am proud to nominate 9 Senator Malcolm Anthony Smith to the position 10 of Temporary President of the Senate and usher 11 in a new Albany. 12 ACTING PRESIDENT BRESLIN: 13 Senator Sampson. 14 SENATOR SAMPSON: I rise to speak 15 on the resolution. 16 ACTING PRESIDENT BRESLIN: You 17 may proceed, Senator Sampson. 18 SENATOR SAMPSON: Thank you, 19 Mr. President. 20 I rise in support of the 21 resolution, Number 1 resolution, nominating my 22 friend, my colleague Senator Malcolm Smith as 23 the Temporary President of the New York State 24 Senate.
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(518) 371-8910 1 In November of 2008, the American 2 people sent a resounding sound throughout 3 every chamber, every edifice, every 4 institution and the world throughout. Their 5 hearts were heard. They spoke as one clear, 6 uncompromising voice. The time had come for 7 new possibilities, enlarged horizons, great 8 hope, and that message was one of change. 9 They spoke of a united nation with unfolding 10 new destinies. 11 Today I stand a proud American who 12 has seen the future of our forefathers -- 13 prayed about, hoped and longed for. No longer 14 a vision or a dream, we have embraced a 15 prophetic destiny and are standing tall, 16 proud, and strong on the shoulders of those 17 who came before us. 18 Not only did this nation embrace 19 change, our great state joined the momentum 20 and the ballots reflected the voice of the 21 people, and that voice was for change. 22 Mr. President, I am honored to join 23 with the constituents of the State of New York 24 to present that change in the form of Senator
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(518) 371-8910 1 Malcolm Smith. 2 Senator Smith embodies what we call 3 the spirit of reconstruction, improvement, 4 accountability, but most of all effectiveness. 5 His vision enables him to see the invisible, 6 thus preventing the people from perishing. He 7 hears the cries and speaks for the 8 disenfranchised and is the voice for the 9 voiceless. 10 Indeed, nothing great was ever 11 achieved without enthusiasm, and Senator 12 Smith's enthusiasm and goals will enhance this 13 wonderful state. He has not gone where the 14 path has led him, but instead he has created 15 his own path and left a trail for others to 16 follow. 17 His outstanding qualities and 18 strong character have not only carved him into 19 a courageous individual but a man of great 20 value. 21 Colleagues, friends, fellow 22 members, I recommend -- I don't recommend, I 23 strongly urge that you join me in ushering in 24 this new era of change by voting for Senator
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(518) 371-8910 1 Malcolm Smith as the Temporary President of 2 the New York State Senate. 3 Thank you very much, Mr. President. 4 ACTING PRESIDENT BRESLIN: Thank 5 you, Senator Sampson. 6 On the question of Resolution 7 Number 1, all those in favor signify by saying 8 aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT BRESLIN: Those 11 opposed, nay. 12 (Response of "Nay.") 13 ACTING PRESIDENT BRESLIN: 14 Objectively speaking, the ayes have it. 15 (Extended standing ovation.) 16 ACTING PRESIDENT BRESLIN: The 17 chair states for the record that Senator 18 Malcolm Smith has been elected by the Senate 19 to be Temporary President for the years 20 2009-2010. 21 Senator Smith, I think I speak for 22 everyone in this house: We wish you the best 23 of everything. 24 (Standing ovation.)
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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: 2 Joining Majority Leader Smith is his wife, 3 Michele, and daughter, Amanda. 4 (Whereupon, Senator Malcolm Smith 5 was sworn in as Temporary President of the 6 New York State Senate.) 7 (Extended applause.) 8 ACTING PRESIDENT BRESLIN: The 9 chair recognizes Senator Skelos. 10 SENATOR SKELOS: Thank you very 11 much, Mr. President. 12 Before I make some comments, I'd 13 like to introduce two of our newest members 14 from the Republican conference. 15 Senator Mike Ranzenhofer. Mike, 16 welcome. 17 (Applause.) 18 SENATOR SKELOS: And former 19 Assemblyman and now Senator Roy McDonald. 20 Roy, welcome. 21 (Applause.) 22 SENATOR SKELOS: Let me be among 23 the first -- and I called our leader last 24 night, Malcolm Smith. But I want to be one of
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(518) 371-8910 1 the first to congratulate you, as a friend and 2 a colleague, on being elected Temporary 3 President and Majority Leader of the New York 4 State Senate. 5 All of us are proud -- this has 6 been a year of incredible change. And whether 7 you're a Republican or a Democrat, we should 8 be proud that many former racial barriers have 9 come down in this country. 10 Election Eve, when I made my 11 comments, I took great pride, although I 12 didn't support him, that Barack Obama was 13 elected president, because a racial barrier 14 came down in this country. And I think that's 15 something that all of us are proud of. 16 (Applause.) 17 SENATOR SKELOS: Malcolm, you 18 should be proud of your accomplishment as 19 being the first African-American Temporary 20 President and Majority Leader of the New York 21 State Senate, and I congratulate you. 22 (Applause.) 23 SENATOR SKELOS: Next week, 24 you'll be sitting in this chair at this desk.
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(518) 371-8910 1 (Applause.) 2 SENATOR SKELOS: You could always 3 move to reconsider the resolution. 4 (Laughter.) 5 SENATOR SKELOS: Reverend Diaz? 6 (Laughter.) 7 SENATOR SKELOS: You know, being 8 the Majority Leader -- and obviously I was 9 Majority Leader for a very short period of 10 time. Don't applaud. 11 (Laughter.) 12 SENATOR SKELOS: -- it really is 13 exhilarating and challenging all at the same 14 time. 15 Let me just say that our Republican 16 conference -- elections are over -- we wish 17 you good luck, and we're looking forward to 18 partner with you and pledge our support when 19 we feel it's appropriate governmentally and 20 also philosophically. 21 And I believe that many of the 22 differences that occur, especially after 23 elections, we have to heal the wounds and now 24 come together as one body to move this state
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(518) 371-8910 1 forward. 2 Shortly we will walk over to the 3 Assembly chamber to hear the Governor's annual 4 State of the State address where he will once 5 again outline the challenges we face as a 6 Senate and as a Legislature -- a budget 7 deficit approaching $15 billion that will 8 require difficult choices, and more and more 9 New Yorkers increasingly worried about keeping 10 their jobs and providing security for their 11 families. 12 These are the issues that we're 13 going to face. Those New Yorkers are looking 14 for leadership, bipartisan leadership, that is 15 forward-thinking and gets things done. They 16 want us to craft a budget that reduces 17 spending and rejects tax and fee increases, 18 because if we fail to get New York's fiscal 19 house in order, more of our residents will be 20 unable to afford to stay in their homes. 21 You and I both know that raising 22 taxes and asking New Yorkers to send more of 23 their hard-earned money to Albany is a recipe 24 for fiscal ruin. In 1995, with a new
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(518) 371-8910 1 governor, we had a massive deficit, but we cut 2 spending, cut taxes, grew the economy, created 3 jobs, and unleashed the creativity of the 4 great people of New York. 5 Let that again be our model for 6 turning New York State around. New Yorkers 7 want us to agree on an economic development 8 plan that gives them more job security, 9 financial security, and retirement security. 10 Let's make it part of this year's budget. 11 They want us to cut property taxes so they 12 have more money to help make ends meet. 13 Most of all, New Yorkers want us to 14 end the dysfunction that has existed too long 15 in New York State so that they can get 16 results. 17 When I became leader, I suggested 18 that we open up the Senate and empower 19 rank-and-file lawmakers. I still believe that 20 the Senate must operate and function in the 21 best interests of the people, not narrow 22 political interests. 23 We need to give Senators equal 24 resources to run their offices and represent
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(518) 371-8910 1 their constituents, provide our committee 2 chairs with more authority and independence, 3 and give individual Senators a greater ability 4 to bring legislation to the floor. 5 Senator Smith, I know that you 6 believe in those things too and I look forward 7 to working with you to make them happen. 8 It's a new year and a new era, and 9 we must operate in a new way -- not as 10 Democrats or Republicans, but as New Yorkers, 11 committed to leading the state, solving our 12 budget challenges, and working together to 13 make real and lasting reforms. 14 Senator Smith, on behalf of myself 15 and all of our colleagues here on the 16 Republican conference, we congratulate you 17 again. This is a historic moment. Let's 18 seize it on behalf of the 19 million 19 New Yorkers we were elected to serve. 20 Congratulations, Senator Smith. 21 (Standing ovation.) 22 ACTING PRESIDENT BRESLIN: Thank 23 you, Senator Skelos. 24 The chair recognizes Senator Smith.
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(518) 371-8910 1 SENATOR SMITH: Thank you very 2 much, Mr. President. 3 Let me first thank God for the 4 opportunity that He has given me today. I 5 thank Him, I thank my family, my mother and 6 father, who are not here, who instilled in me 7 at a very early age the importance of service, 8 the importance of what you do in life to help 9 improve others' lives. 10 I also want to thank my wife, 11 Michele. 12 (Applause.) 13 SENATOR SMITH: She has been 14 patient. She has been understanding. It 15 takes a lot to be the wife of an elected 16 official, and she is a very special woman. 17 And I think all of you know that of your wives 18 and your husbands and your significant others. 19 And I love you, and I thank you. 20 (Applause.) 21 SENATOR SMITH: My daughter, who 22 I love, she runs the house. That's easy. 23 (Laughter.) 24 SENATOR SMITH: To Senator
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(518) 371-8910 1 Skelos, I thank you. I thank you for your 2 leadership, I thank you for your kind words, I 3 thank you for helping make me who I am. 4 Because as we go through our everyday 5 discussions, negotiations, we learn from each 6 other. And I clearly have learned from you 7 what it means to be committed, what it means 8 to be humble, and what it means to want to 9 lead from your heart. 10 And I will forever keep that with 11 me as I take on this job as Majority Leader. 12 Thank you very much. 13 (Applause.) 14 SENATOR SMITH: To all of the 15 public that is here, so many of you played a 16 role in what has happened today, I can't begin 17 to name all of you, but you know who you are. 18 I thank you very much as well. 19 I have to talk about my colleagues, 20 and not in a partisan way, but they have been 21 working so hard. To the 32. To the 32. To 22 the 32. 23 (Applause.) 24 SENATOR SMITH: History will
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(518) 371-8910 1 record -- you can be assured, history will 2 record that there was 32 people, when nobody 3 else believed, you believed. You believed 4 that we could put a plan together if we stuck 5 together. They will believe, they will 6 understand that there was 32 that was daring 7 enough not only to believe in that plan but to 8 try to work that plan. 9 And more importantly, they will 10 know that there was 32 that was courageous 11 enough to take their time, their effort, their 12 money, to leave themselves from their family, 13 to act this plan out and to come this day, the 14 seventh of 2008 -- 2009 -- 15 (Laughter.) 16 SENATOR SMITH: -- when the 17 Senate Democrats became the majority in 43 18 years. God bless you. You deserve everything 19 that you get. 20 (Applause.) 21 SENATOR SMITH: To the staff of 22 my district office, to the staff of the 23 Minority office, I know I am not easy to work 24 with. I know that when I say "get no sleep,"
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(518) 371-8910 1 nobody believed me. But you got no sleep. 2 And you worked very hard. 3 I see a couple of my former chiefs 4 of staff here. They know what that means; 5 they worked very hard. Celeste Morris is 6 here; former chief of staff Pat Rubens; former 7 chief of staff Mortimer Lawrence, who is my 8 counsel. And they all know what it means to 9 work very hard. I thank all of you. 10 But I must tell you, you still are 11 going to get no sleep. 12 (Laughter.) 13 SENATOR SMITH: We have more to 14 do. 15 And to those who elected me from my 16 district -- which I understand I would not be 17 here if you didn't have the confidence in me 18 to elect me every year. And you had the 19 confidence in me not to even have an opponent 20 for the last six years. 21 I will never forget that, and I 22 will never forget from where I've come. 23 That's the 14th District in southeast 24 Queens -- St. Albans, Jamaica, Rockaway,
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(518) 371-8910 1 Corona, Elmhurst, Jamaica. Those people need 2 to know, those 300,000, that it's because of 3 them that I am standing here today. And I 4 really, truly appreciate their support of me. 5 (Applause.) 6 SENATOR SMITH: I remember when I 7 first got elected in 2000, I was standing in 8 that corner of the room with my family. Some 9 of you may recall that the former Majority 10 Leader, Joe Bruno, walked over to me, stood 11 there, talked to my family. He explained to 12 me all the majesty that is in this room -- the 13 gold-leaf paper, the marble. He told me how 14 people come from around the world to see this 15 chamber. 16 He told me, "Malcolm, no matter 17 what happens, nobody can change what happens 18 in this chamber because of all the majesty and 19 the effort that went into putting this thing 20 together." And he was right. 21 But what we can and what we will do 22 is change the way as a legislative body we do 23 business in the State Senate. 24 (Applause.)
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(518) 371-8910 1 SENATOR SMITH: We are and we 2 will first understand that we work for the 3 people. 4 This is your day. It's not about 5 Malcolm and it's not about the 62 or the 32. 6 It is about the 19.5 million people in the 7 State of New York that said, you know 8 something, we want change. This is not about 9 us. 10 The opportunity that we have today, 11 the opportunity that we're going to have going 12 forward in the future is to prove to every one 13 of them that we recognize that we have to 14 change the way we do business in this chamber. 15 Transparency, that has to be real. 16 Accountability, has to be real. 17 We have been in dialogue with 18 President-elect Barack Obama's information 19 technology person. We want to begin to use 20 MySpace, we want to begin to use Daily Kos, we 21 want to begin to use Facebook. We're going to 22 do real-time communication with the people of 23 the State of New York so they can have 24 real-time input to what we are doing and how
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(518) 371-8910 1 we are doing it. This is a government for the 2 people. 3 (Applause.) 4 SENATOR SMITH: We're going to 5 work together. This is about all 62. This is 6 not about Democrat, it's not about Republican. 7 This is truly one New York. 8 This is going to be the group -- 9 this Senate, this body is going to be the one 10 that allows history to say: They got it 11 right, they understood it was more important 12 that politics, that this is a calling for us, 13 it is not a career. 14 We're not looking to make names for 15 ourselves here, we're looking to correct the 16 way business is done in this state to improve 17 people's lives. This is a tremendous 18 opportunity. 19 I never thought in my life when I 20 was born that I would be standing on the floor 21 of the Senate being able to preside over the 22 232nd session of the Senate of the State of 23 New York. My goodness. A humble boy from 24 Queens who used to ride a bicycle delivering
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(518) 371-8910 1 groceries, and now I'm delivering on a 2 $121 billion budget. This is a great state. 3 This is a great state. 4 (Applause.) 5 SENATOR SMITH: But we must also 6 remember, as Senator Skelos said, we have a 7 lot at stake. We are faced with a $15 billion 8 deficit for 2009 and 2010. We still have to 9 cut that $1.7 billion out of this year's 10 budget, we have to do that. We have problems 11 with home foreclosures all around the state. 12 We know that healthcare is out of control. 13 Our spending in this state has to come under 14 control. We are not going to be able to 15 sustain the spending that we have. 16 We have very much that we have to 17 do, but we also have to recognize that we 18 can't cut ourselves back into prosperity. 19 One of the things we did early on, 20 we went to Washington, some of my colleagues 21 and I. Senator Serrano. We spoke to a lot of 22 our leadership. We spoke to the 23 president-elect coming in, his team. 24 We talked about the infrastructure
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(518) 371-8910 1 money that we're going to work with the 2 Governor and Shelly Silver, who has been a 3 tremendous support to me. He's been a 4 tremendous support to this institution. And I 5 look forward to working with them as partners. 6 We're going to talk about doing 7 projects, not just those that are 8 shovel-ready. We have to do projects that 9 make sense for the State of New York. They 10 can't be about political and special 11 interests. It has to be about projects that 12 will give us a return on investment so that 13 tax dollars are spent right. We have to get 14 high-speed rail on the real track and not on 15 something that's just to be talked about. 16 In a short period of time, you will 17 see the Senate come out with a 2020 plan about 18 transportation, environment, energy, housing, 19 education. We have to let people know that we 20 are serious about change. This is our time. 21 This is our moment. We have to let them know 22 it's about governing for the people. 23 We will work together. We will 24 live by a mantra that I have lived by all my
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(518) 371-8910 1 life. There's a quote which I keep very close 2 to me at all times, and it comes out of the 3 Bible, out of Philippians 2, and it reads 4 thusly: "Do nothing from selfishness or empty 5 conceit, but with humility of mind. Regard 6 one another as more important than yourselves. 7 Do not merely look out for your own personal 8 interest, but also look out for the interests 9 of others." 10 That is what we are here to do. 11 That is what we are elected to do. That is 12 what I expect us to do. 13 I accept your nomination as the 14 President of the Senate, I accept your 15 nomination to be the Majority Leader, and I 16 accept the awesome responsibility you have 17 given me. But I say this to you, and I say 18 this with all sincerity. We cannot do this by 19 ourselves. Malcolm isn't smart enough, never 20 professed to be. 21 What I did profess to be was a 22 person who believes in my faith, who trusts 23 God, who will try to do the best that I can -- 24 because I don't know how long I'm going to be
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(518) 371-8910 1 here, Dean. I don't know if I'm going to be 2 here four years, six years or two. 3 But what I have promised myself and 4 my family and my colleagues is that I will do 5 the best that I can every single day to make 6 it better, to be better. I will pursue the 7 truth, I will pursue what is best for the 8 state. 9 And we have to do that shoulder to 10 shoulder. There's no more Democrat and 11 Republican in this house. There are members 12 of an august body called the Senate of the 13 State of New York, one of the best 14 institutions in this country. And that is how 15 we are going to function. 16 We are going to make sure that 17 resources are fair. We are going to make sure 18 that our members, whoever's side of the aisle 19 you sit on, can bring bills to the floor. We 20 are doing to make sure we can discharge 21 motions on this floor. We are going to make 22 sure that people know this is their house, not 23 our house. 24 So I ask you to join me --
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(518) 371-8910 1 (Applause.) 2 SENATOR SMITH: So I ask you to 3 join me in that journey. 4 I ask my new colleagues -- Senator 5 Addabbo, Senator Squadron, Senator Foley, 6 Senator Espada, along with Senator 7 Ranzenhofer, Senator McDonald -- please, you 8 are here as freshmen, but you are here -- and 9 Senator Monserrate -- you are here as 10 colleagues. Whatever you read about, whatever 11 you heard about before you came to this day, 12 wash it away. Today you are sitting in a 13 house of equal partners. 14 And equal partners means we're 15 going to do good business, because there's 16 intellectual capital around this room that we 17 need to use. It is not on one side, it is in 18 this entire room. 19 Thank you. God bless you, God 20 bless the Senate, God bless the 19 million 21 people of the State of New York. 22 (Standing ovation.) 23 ACTING PRESIDENT BRESLIN: Thank 24 you. Thank you, Senator Smith.
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(518) 371-8910 1 I also note for the record that we 2 have received a communication from the Senate 3 Republican Conference that Dean Skelos of 4 Nassau County has been elected Minority Leader 5 of the New York State Senate for the years 6 2009-2010. 7 Congratulations. 8 (Standing ovation.) 9 ACTING PRESIDENT BRESLIN: The 10 chair again recognizes Senator Smith. 11 SENATOR SMITH: Thank you, 12 Mr. President. 13 Mr. President, I have Resolutions 14 Number 3, 4, and 5 at the desk. I ask that 15 they be read in their entirety and move for 16 immediate adoption. 17 ACTING PRESIDENT BRESLIN: The 18 Secretary will read Resolutions 3, 4, and 5. 19 THE SECRETARY: In relation to 20 Concurrent Resolution Number 3, by Senator 21 Smith, the Assembly sent for concurrence 22 Assembly Concurrent Resolution Number 2. 23 Senator Smith moved to substitute 24 Senate Concurrent Resolution Number 3 for
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(518) 371-8910 1 Assembly Concurrent Resolution Number 2. 2 ACTING PRESIDENT BRESLIN: 3 Substitution ordered. 4 The Secretary will read. 5 THE SECRETARY: Concurrent 6 Resolution of the Senate and Assembly 7 providing for a joint assembly for the purpose 8 of receiving a message from the Governor. 9 "RESOLVED, That the Senate and 10 Assembly meet in joint session in the Assembly 11 Chamber at one o'clock p.m. today, for the 12 purpose of receiving a message from the 13 Governor." 14 ACTING PRESIDENT BRESLIN: On the 15 resolution, all those in favor please signify 16 by saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT BRESLIN: 19 Opposed, nay. 20 (No response.) 21 ACTING PRESIDENT BRESLIN: The 22 resolution is adopted. 23 The Secretary will read. 24 THE SECRETARY: By Senator Smith,
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(518) 371-8910 1 Senate Resolution Number 4, resolved that the 2 Temporary President appoint a committee of two 3 to inform the Governor of the election of 4 Malcolm A. Smith as Temporary President of the 5 Senate for the years 2009-2010, and that the 6 Senate is organized and ready to proceed with 7 business and will meet with the Assembly in 8 the Assembly Chamber at 1:00 p.m. to receive 9 the Governor's message. 10 "RESOLVED, That the Temporary 11 President appoint a committee of two, 12 comprised of Senator Addabbo and Senator 13 Ranzenhofer, for the purpose of informing the 14 Governor of the election of Malcolm A. Smith 15 as Temporary President of the Senate for the 16 years 2009-2010, and that the Senate is 17 organized and ready to proceed with business 18 and will meet with the Assembly in the 19 Assembly Chamber at 1 o'clock p.m. today, to 20 receive the Governor's message." 21 ACTING PRESIDENT BRESLIN: On the 22 resolution, all those in favor say aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT BRESLIN:
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(518) 371-8910 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT BRESLIN: The 4 resolution is adopted. 5 The chair appoints Senators Addabbo 6 and Ranzenhofer to inform the Governor of the 7 election of Malcolm A. Smith as Temporary 8 President of the Senate for the years 9 2009-2010, that the Senate is organized and 10 ready to proceed with business and will meet 11 with the Assembly in joint session in the 12 Assembly chamber at 1:00 p.m. to receive the 13 Governor's annual message. 14 The chair notes the presence of 15 Assemblymembers Farrell and Hayes for the 16 purposes of a communication. 17 ASSEMBLYMAN HAYES: Mr. Farrell 18 and I are here to inform the Senate that the 19 Assembly is organized in session and ready to 20 receive the Senate in joint session. 21 ACTING PRESIDENT BRESLIN: Thank 22 you, Assemblymembers Farrell and Hayes. 23 The Secretary will read. 24 THE SECRETARY: By Senator Smith,
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(518) 371-8910 1 Senate Resolution Number 5, resolved that the 2 Temporary President appoint a committee of two 3 to wait upon the Assembly and inform that body 4 of the election of Malcolm A. Smith as 5 Temporary President of the Senate for the 6 years 2009-2010, and that the Senate is 7 organized and ready to proceed with business 8 and will meet jointly with the Assembly in the 9 Assembly Chamber at 1:00 p.m. to receive the 10 Governor's message. 11 "RESOLVED, That the Temporary 12 President appoint a committee of two, 13 comprised of Senator Foley and Senator Lanza, 14 for the purpose of waiting upon the Assembly 15 and informing that body of the election of 16 Malcolm A. Smith as Temporary President of the 17 Senate for the years 2009-2010, and that the 18 Senate is organized and ready to proceed with 19 business and will meet jointly with the 20 Assembly in the Assembly Chamber at 1 o'clock 21 p.m. today, to receive the Governor's 22 message." 23 ACTING PRESIDENT BRESLIN: The 24 question is on the resolution. All in favor
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(518) 371-8910 1 signify by saying aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT BRESLIN: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT BRESLIN: The 7 resolution is adopted. 8 The chair appoints Senators Foley 9 and Lanza to inform the Assembly that the 10 Senate is ready for business and will meet 11 them in joint session at 1:00 p.m. today to 12 receive the Governor's annual message. 13 Senator Smith. 14 SENATOR SMITH: Yes, 15 Mr. President, I have Resolution Number 6 at 16 the desk. I ask that it be read in its 17 entirety and move for its immediate adoption. 18 ACTING PRESIDENT BRESLIN: The 19 Secretary will read. 20 THE SECRETARY: By Senator Smith, 21 Senate Resolution Number 6, providing for the 22 hours of meeting by the Senate for the years 23 2009-2010. 24 "RESOLVED, That unless otherwise
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(518) 371-8910 1 ordered, the hours of meeting of the Senate 2 shall be as follows: Mondays and Tuesdays at 3 3:00 p.m., Wednesdays and all other days at 4 11:00 a.m." 5 ACTING PRESIDENT BRESLIN: The 6 question is on the resolution. All those in 7 favor signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT BRESLIN: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT BRESLIN: The 13 resolution is adopted. 14 As we begin to close this 15 afternoon's session, please give your 16 attention to Rabbi Chanina Sperlin, of Crown 17 Heights, who will deliver the benediction. 18 RABBI SPERLIN: Thank you. 19 Permit me to begin with a hearty 20 mazel tov to the members of the New York State 21 Senate. Mazel tov and good luck. 22 Congratulations to the new Majority 23 Leader and my good friend Malcolm Smith, and 24 to my good friends the secretary of the
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(518) 371-8910 1 Democratic Conference, Senator John Sampson, 2 and my Senator, Eric Adams. 3 Please join me in prayer. 4 Father of heaven and earth, bless 5 these humble men and women who serve the 6 people of this great State of New York, their 7 wisdom and strength to be led by You to lead 8 others. Bless them so that they can serve 9 with joy and happiness. 10 Please join me in prayer for those 11 brave men and women who fighting to protect 12 our freedom and democracy in Iraq and Israel, 13 and may all return safely to their loved ones. 14 Amen. 15 Thank you. 16 ACTING PRESIDENT BRESLIN: Thank 17 you, Rabbi. 18 Senator Smith. 19 SENATOR SMITH: Mr. President, 20 there being no further business to presently 21 come before the Senate, I move that we stand 22 adjourned until 3:00 p.m. on January 12th, 23 Monday, intervening days to be legislative 24 days.
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(518) 371-8910 1 Thank you and God bless you all. 2 ACTING PRESIDENT BRESLIN: Thank 3 you. 4 (Applause.) 5 ACTING PRESIDENT BRESLIN: The 6 Senate will now proceed to the Assembly for 7 the purposes of a joint session to receive a 8 message from the Governor. 9 The Senate stands adjourned until 10 Monday, January 12th, at 3:00 p.m., 11 intervening days being legislative days. 12 (Whereupon, at 1:03 p.m., the 13 Senate adjourned.) 14 15 16 17 18 19 20 21 22 23 24
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