Wednesday, January 5, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 January 5, 2011 11 12:08 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LIEUTENANT GOVERNOR ROBERT J. DUFFY, President 19 FRANCIS W. PATIENCE, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. 4 Please rise for the Pledge of 5 Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 THE PRESIDENT: The invocation 9 today will be given by His Excellency 10 Archbishop Timothy M. Dolan, Archbishop of 11 New York. 12 (Applause.) 13 ARCHBISHOP DOLAN: Thank you. 14 Let us pray. 15 We assemble for this historic 16 event, dear Lord, yes, as grateful citizens of 17 the state we're so proud to call home, but 18 also as people of humble faith who simply yet 19 sincerely confess, as Americans, in God we 20 trust. 21 Thus do we acclaim You as our 22 Creator, who made us in Your own image and 23 likeness, thus rendering the human person and 24 human life itself as sacred, thus endowing us 25 with rights calling for protection, and with

Candyco Transcription Service, Inc. 1 freedom, not so much to do whatever we want, 2 but what we ought. 3 We profess You as a common Father 4 who unites us today, a Lawgiver who has 5 implanted within a grasp of the truth and a 6 thirst for justice, and a belief that we are 7 at our best when our will is consonant with 8 Your own. 9 To these distinguished legislators, 10 we ask the gift of the wisdom only You can 11 bestow, a reclaiming of the honor and nobility 12 of public service, and a sensitivity to those 13 in need. You never summon us to a duty 14 without supplying us the grace to do it, and 15 that blessed assurance consoles us as we 16 solemnly open today. 17 May all that we do and dream and 18 decide here in this historic chamber, may it 19 be, Lord, only to our credit when we one day 20 stand before You, the omnipotent Lawgiver and 21 Supreme Judge, You who live and reign forever 22 and ever, amen. 23 THE ASSEMBLAGE: Amen. 24 THE PRESIDENT: The chair now 25 hands down a message from the State Board of

Candyco Transcription Service, Inc. 1 Elections, being the official certification of 2 the duly elected members of the Senate, and 3 directs that the same be filed in the Journal. 4 I would like to ask, are there any 5 Senators present who have not taken their 6 oaths of office yet? If so, please rise. 7 (No response.) 8 THE PRESIDENT: The Secretary 9 will call the roll to ascertain a quorum. 10 THE SECRETARY: Senator Adams. 11 SENATOR ADAMS: Aye. 12 THE SECRETARY: Senator Addabbo. 13 SENATOR ADDABBO: Here. 14 THE SECRETARY: Senator Alesi. 15 SENATOR ALESI: Present. 16 THE SECRETARY: Senator Avella. 17 SENATOR AVELLA: Present. 18 THE SECRETARY: Senator Ball. 19 SENATOR BALL: Here. 20 THE SECRETARY: Senator Bonacic. 21 SENATOR BONACIC: Here. 22 THE SECRETARY: Senator Breslin. 23 SENATOR BRESLIN: Here. 24 THE SECRETARY: Senator Carlucci. 25 SENATOR CARLUCCI: Present.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Senator 2 DeFrancisco. 3 SENATOR DeFRANCISCO: Here. 4 THE SECRETARY: Senator Diaz. 5 SENATOR DIAZ: Presente. 6 THE SECRETARY: Senator Dilan. 7 SENATOR DILAN: Present. 8 THE SECRETARY: Senator Duane. 9 SENATOR DUANE: Here. 10 THE SECRETARY: Senator 11 Espaillat. 12 SENATOR ESPAILLAT: Here. 13 THE SECRETARY: Senator Farley. 14 SENATOR FARLEY: Here. 15 THE SECRETARY: Senator Flanagan. 16 SENATOR FLANAGAN: Here. 17 THE SECRETARY: Senator 18 Fuschillo. 19 SENATOR FUSCHILLO: Present. 20 THE SECRETARY: Senator Gallivan. 21 SENATOR GALLIVAN: Here. 22 THE SECRETARY: Senator Gianaris. 23 SENATOR GIANARIS: Here. 24 THE SECRETARY: Senator Golden. 25 SENATOR GOLDEN: Here.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Senator Griffo. 2 SENATOR GRIFFO: Here. 3 THE SECRETARY: Senator Grisanti. 4 SENATOR GRISANTI: Here. 5 THE SECRETARY: Senator Hannon. 6 SENATOR HANNON: Here. 7 THE SECRETARY: Senator 8 Hassell-Thompson. 9 SENATOR HASSELL-THOMPSON: Here. 10 THE SECRETARY: Senator Huntley. 11 SENATOR HUNTLEY: Here. 12 THE SECRETARY: Senator Johnson. 13 SENATOR JOHNSON: Here. 14 THE SECRETARY: Senator Kennedy. 15 SENATOR KENNEDY: Here. 16 THE SECRETARY: Senator Klein. 17 SENATOR KLEIN: Here. 18 THE SECRETARY: Senator 19 L. Krueger. 20 SENATOR LIZ KRUEGER: Here. 21 THE SECRETARY: Senator C. 22 Kruger. 23 SENATOR CARL KRUGER: Present. 24 THE SECRETARY: Senator Lanza. 25 SENATOR LANZA: Here.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Senator Larkin. 2 SENATOR LARKIN: Present. 3 THE SECRETARY: Senator LaValle. 4 SENATOR LaVALLE: Here. 5 THE PRESIDENT: Senator Skelos, 6 there is a quorum present. 7 I'd like to start off by welcoming 8 everybody here -- all of the returning 9 Senators, all the new Senators -- to the 10 234th session of this great body. My name is 11 Bob Duffy, I'm Lieutenant Governor, and it is 12 an honor to preside over this body. 13 I'm in my 34th year of public 14 service, this is my third career in public 15 service, and I have to admit I've never been 16 so awed as to walk into this great chamber and 17 look around and look at the beauty and 18 magnificence of this beautiful building and 19 the incredibly important work that's done 20 here. 21 I come from a city that has a 22 median family income of $29,000 per year, 23 people who struggle to put food on their 24 tables, people who struggle to pay their 25 mortgages, who depend on all of us in state

Candyco Transcription Service, Inc. 1 government to make decisions that look out for 2 them and add to their lives and add to the 3 best interests of how they live every single 4 day across the state. The work that we do 5 here is incredibly important. 6 And I'd like to just finalize my 7 comments by saying when I walked in here, when 8 you look at this beautiful chamber, this is 9 one of the most beautiful chambers in the 10 entire country. And the work we do here is so 11 important. And the perceptions of what we do 12 outside sometimes don't match the expectations 13 that we have. But in this session, there is 14 no doubt in my mind that we can do some great 15 work. 16 I am proud to be representing 17 Governor Andrew Cuomo as his Lieutenant 18 Governor. And I just would ask that this 19 session that we look for ways to come 20 together. We're not Democrats, Republicans, 21 or independents, we are New Yorkers. And if 22 we work together as a team and work for the 23 best interests of everybody around this state, 24 this session will go down in history as one of 25 the greatest ever.

Candyco Transcription Service, Inc. 1 So I welcome you all, I welcome the 2 families here today to this great event, and 3 may God bless you all. 4 (Applause.) 5 THE PRESIDENT: The chair now 6 hands down a communication from the Governor. 7 The Secretary will read. 8 THE SECRETARY: "Dear members of 9 the New York State Senate, 10 "I would appreciate the privilege 11 of your presence at the Empire State Plaza 12 Convention Center on January 5, 2011, at 13 1:30 a.m. or as soon thereafter as may be 14 convenient, where I will deliver my Annual 15 Message to the Legislature. 16 "Very truly yours, Andrew M. 17 Cuomo." 18 THE PRESIDENT: To be filed in 19 the Journal. 20 Senator Libous, why do you rise? 21 SENATOR LIBOUS: Thank you, 22 Mr. President. 23 Mr. President, at this time I hand 24 up the following resolution and I ask that it 25 be read in its entirety and we move for its

Candyco Transcription Service, Inc. 1 immediate adoption, please. 2 THE PRESIDENT: The Secretary 3 will read the resolution in its entirety. 4 THE SECRETARY: By Senator 5 Libous, Senate Resolution Number 1, providing 6 for the election of Dean G. Skelos as 7 Temporary President of the Senate for the 8 years 2011-2012. 9 "RESOLVED, That Senator Dean G. 10 Skelos be, and he hereby is elected Temporary 11 President of the Senate for the years 12 2011-2012." 13 SENATOR SQUADRON: Mr. President, 14 I believe there is a substitute resolution at 15 the desk. I ask that the title of the 16 resolution be read and move for its immediate 17 adoption. 18 THE PRESIDENT: Senator Squadron, 19 why do you rise? 20 SENATOR SQUADRON: Mr. President, 21 I believe there's a substitute resolution at 22 the desk. I ask that the title of the 23 resolution be read and move for its immediate 24 adoption. 25 THE PRESIDENT: The Secretary

Candyco Transcription Service, Inc. 1 will read the title of the substitute 2 resolution. 3 THE SECRETARY: By Senator 4 Squadron, Senate substitute resolution 5 providing for the election of John L. Sampson 6 as Temporary President and Majority Leader of 7 the Senate for 2011-2012. 8 SENATOR SQUADRON: Thank you, 9 Mr. President. On the resolution. 10 THE PRESIDENT: Senator Squadron, 11 on the resolution. 12 SENATOR SQUADRON: Thank you. 13 We all know, colleagues, that the 14 last two years were not easy. But under 15 Senator Sampson's leadership, this chamber 16 delivered significant accomplishments, some 17 that had been stalled for decades. Let there 18 be no mistake: Our accomplishments in the 19 last two years have made a difference in 20 everyday lives across this state. 21 Under the Democratic majority led 22 by Senator Sampson, we passed the strongest 23 ethics reform bill in history through both 24 houses of the Legislature. We made the 25 distribution of the Senate resources more

Candyco Transcription Service, Inc. 1 equitable among all members regardless of 2 party. We ended the exclusive authority of 3 the Senate leader to decide which bills are 4 considered on the floor. For the first time, 5 important bills came to the floor and were 6 debated, including marriage equality, even if 7 they weren't assured of passage. 8 We enacted sweeping reforms of the 9 state's public authorities. We took the lead 10 on important reforms to education to win 11 $700 million in federal Race to the Top money. 12 With bipartisan support, we passed a property 13 tax cap and a Green Energy, Green Jobs bill to 14 fund and train workers to weatherize homes. 15 We created the Excelsior jobs creation program 16 and passed a first-in-the-nation Domestic 17 Workers Bill of Rights, Leandra's Law, the 18 Dignity for All Students Act, and no-fault 19 divorce. We Reformed the Rockefeller Drug 20 Laws to save taxpayers millions and strength 21 communities that have been shattered by mass 22 incarceration. 23 Certainly there were challenges, 24 and certainly there is a lot more to do. If 25 Senator Sampson is elected, we will see Senate

Candyco Transcription Service, Inc. 1 action on several important items. As the 2 first order of legislative business, we would 3 make good on the New York Uprising pledge, 4 which 53 of us current Senators have signed. 5 It would create independent redistricting, 6 ethics reform, and budget reform. And we 7 would push forward much-needed campaign 8 finance reform. We would pass property tax 9 reform again and make a true investment in job 10 creation programs. And we would ensure that 11 hardworking New Yorkers who hit a rough patch 12 are able to depend on a helping hand from 13 their state, with unemployment benefits and 14 job training and a renewal and strengthening 15 of New York's rent regulation laws. 16 In the past year and a half, 17 Senator Sampson has maintained the goodwill of 18 members on both sides of the aisle and guided 19 this body to these accomplishments and more. 20 I urge my colleagues to support this 21 resolution to make the Democratic leader, 22 Senator John Sampson, President Pro Tem. 23 Thank you, Mr. President. 24 THE PRESIDENT: Thank you, 25 Senator.

Candyco Transcription Service, Inc. 1 On the substitute resolution 2 offered by Senator Squadron, all those in 3 favor signify by saying aye. 4 (Response of "Aye.") 5 THE PRESIDENT: Opposed, nay. 6 (Response of "Nay.") 7 THE PRESIDENT: The nays have it. 8 The resolution is defeated. 9 Senator Libous, your resolution is 10 now before the house. 11 SENATOR LIBOUS: Thank you, 12 Mr. President. 13 Mr. President and my colleagues, it 14 is with great honor and privilege that I stand 15 before you today to put a nomination for 16 Temporary President and Majority Leader of the 17 Senate, Senator Dean G. Skelos. 18 Over the past couple of years we 19 have had, as Senator Squadron said, some real 20 challenges before this house and certainly 21 before this state. Senator Skelos has the 22 leadership ability, the courage and the 23 passion to address those very, very tough 24 issues that we face. 25 He understands that New Yorkers

Candyco Transcription Service, Inc. 1 from all across this state, from Buffalo to 2 Long Island, are struggling and many of them 3 are out of work. He understands that this 4 state has taxed people out of their homes and 5 that that policy has to change. He 6 understands that the state spends too much and 7 we have to reduce the rate of spending just 8 like every New Yorker has had to reduce the 9 rate of spending at home because their 10 pocketbooks have been pinched. 11 Senator Skelos has served in this 12 chamber for many years. He has served on both 13 sides of the aisle. He understands the needs 14 of the members in this chamber, both sides of 15 the aisle, and he has the leadership ability 16 to lead us, with our new governor, Andrew 17 Cuomo, during this very, very turbulent time. 18 My friends, it is the right choice 19 today, it is the right choice for the future. 20 And it is indeed an honor for me to put before 21 you the name of our friend and our next 22 leader, Dean G. Skelos. 23 (Applause.) 24 THE PRESIDENT: Thank you, 25 Senator.

Candyco Transcription Service, Inc. 1 I now recognize Senator Johnson for 2 the purposes of seconding the nomination. 3 SENATOR JOHNSON: I take great 4 pride and pleasure in advancing, as a second, 5 the nomination of Dean Skelos. He and I have 6 been acquainted for many years. I have seen 7 him perform as a Senator and as a leader, as 8 he formerly was the leader, Majority Leader, 9 and is now returning to his rightful position. 10 During the hiatus of two years, he 11 had the strength and the fortitude and the 12 ability to keep the Republican conference in 13 good mood, keeping us working together, not 14 splitting off because we lost. We stayed 15 together. We still advanced what we thought 16 was right and talked against what we thought 17 was wrong. And I think he deserves a lot of 18 credit for doing that. 19 And so right now I'd like to say 20 that the second I'm putting forth is for the 21 second term of this leader who has 22 demonstrated his ability in the past, is going 23 to continue doing so, and we're very proud of 24 you, Dean. 25 Thank you.

Candyco Transcription Service, Inc. 1 (Applause.) 2 THE PRESIDENT: The question is 3 on the resolution. All those in favor signify 4 by saying aye. 5 (Response of "Aye.") 6 THE PRESIDENT: Opposed, nay. 7 (Response of "Nay.") 8 THE PRESIDENT: The resolution is 9 adopted. 10 And the chair states for the record 11 that Senator Dean G. Skelos has been elected 12 Temporary President of the Senate for the 13 years 2011-2012. 14 (Extended standing ovation.) 15 THE PRESIDENT: Senator Skelos. 16 SENATOR SKELOS: Thank you. 17 I've received a communication from 18 the Senate Democrat Conference that Senator 19 John L. Sampson was elected as the Minority 20 Leader of the State Senate, and I ask that it 21 be filed in the Journal. 22 And I add my personal 23 congratulations, John. 24 (Applause.) 25 THE PRESIDENT: For the record,

Candyco Transcription Service, Inc. 1 the chair recognizes that Senator John L. 2 Sampson was elected Minority Leader of the 3 State Senate for the years 2011-2012, and 4 notice will be filed in the Journal. 5 Senator Sampson. 6 SENATOR SAMPSON: Thank you very 7 much, Mr. President. 8 On behalf of the Democratic 9 Conference, I want to extend congratulations 10 to you, Senator Skelos. 11 Dean, you have more hair than I 12 have. 13 (Laughter.) 14 SENATOR SAMPSON: And I hope 15 after the next two years you continue to have 16 more hair than I have. 17 (Laughter.) 18 SENATOR SAMPSON: I really want 19 to take this time and really extend a personal 20 welcome to each of our new members, the lucky 21 13, on both sides of the aisle. You are 22 coming to the Senate at a very difficult time, 23 facing very difficult choices in the weeks and 24 months ahead. 25 I will never forget my first day

Candyco Transcription Service, Inc. 1 here in this room when I met former Majority 2 Leader Joe Bruno. He said to me, he said, 3 "Senator, congratulations, and welcome to the 4 State of New York State Senate. You will go 5 far and you will do many great things here in 6 Albany. But always remember one piece of 7 advice: Never forget your district." 8 It's good advice because, as is 9 always said, all politics is local. And while 10 we have our differences on various votes and 11 causes, as one colleague to another, let me 12 urge you to follow that advice. Do not forget 13 your districts. 14 Now the elections are over and the 15 hard work truly begins. This is 2011. This 16 is a new decade. Let this be the decade of 17 the people. Let's work together to give 18 New Yorkers a government as good as they are 19 in a state worthy of the title as the Empire 20 State. 21 A lot of pundits and many 22 politicians preach how great New York used to 23 be. But let's be clear. New York wasn't the 24 Empire State because of the Legislature or the 25 government. What made New York great and what

Candyco Transcription Service, Inc. 1 will make New York great again is a spirit of 2 innovation, a commitment to entrepreneurship, 3 and a strong, growing, and vibrant middle 4 class. Those things come from people, not 5 from government. 6 It used to be very simple. You 7 played by the rules, you worked hard, you 8 could provide for your family and have a piece 9 of the American dream. New York was a place 10 where people came in search of a better life, 11 and many of them found it. 12 The problem is that Albany became 13 the place where good ideas and smart policies 14 came to die. It didn't happen at once. A tax 15 hike here, a little borrowing there, one-shots 16 all over the place, and soon we were billions 17 of dollars in debt and no easy options to fix 18 the problem. 19 I am proud we were able to pass a 20 budget last year that protected the middle 21 class, that didn't raise income taxes or a 22 soda tax. I'm also proud we passed a property 23 tax cap -- not once, but twice -- and I hope 24 the Assembly will join us this year in getting 25 it passed.

Candyco Transcription Service, Inc. 1 I'm proud we worked together to 2 keep our parks open so that middle-class 3 New Yorkers could take a staycation because 4 they couldn't afford a vacation. I am proud 5 we won Race to the Top. I am proud we passed 6 authorities and pension reform. I'm proud we 7 passed Green Jobs, Power for Jobs. I'm proud 8 we passed no-fault divorce, a Domestic Workers 9 Bill of Rights, and brought marriage equality 10 to the floor. 11 But, my colleagues, the past is the 12 past. And now it's time to change and now 13 it's time to lead. New Yorkers have a long 14 history of activism, leadership, and dissent, 15 not just for change in New York but for our 16 country and around the world. The labor 17 movement, the abolitionist movement, the fight 18 for suffrage, the Stonewall uprising, the 19 continuing struggle for reproductive rights, 20 marriage equality, personal privacy -- all 21 have roots here in New York. 22 In most instances, the people were 23 ready for change well before we were ready. 24 Maybe that's the way it's supposed to be. 25 Sometimes a difference between a mob and

Candyco Transcription Service, Inc. 1 democracy is an election. 2 So maybe, just maybe, the 3 Legislature is a circuit breaker designed to 4 look at the bigger picture and itself only 5 limited by the Constitution, courts and 6 executives from excess. For far too long the 7 circuit breaker has been switched off, and 8 it's time to flip it back on. 9 New Yorkers want Albany to solve 10 their problems. It's time we ensure pledges 11 made become promises kept. They are demanding 12 reform, and we should give it to them. We 13 need to pass the Governor's ethics package, 14 which we will soon receive. We need to pass 15 budget reform. We need to pass independent 16 redistricting. Fifty-three of us signed Mayor 17 Koch's pledge. It was a very simple message 18 for all of us here in Albany and in our 19 districts: Keep your promise, pass the 20 pledge. 21 You want more sunlight, you want 22 more transparency in Albany? Keep your 23 promise, pass the pledge. You want a budget 24 that is actually balanced, no gimmicks, no 25 games? Keep your promise, pass the pledge.

Candyco Transcription Service, Inc. 1 You want fair and competitive elections? Keep 2 your promise, pass the pledge. 3 While we're at it, let's bring 4 those votes of conscience to the floor such as 5 marriage equality and reproductive health 6 acts, to the floor for an up-or-down vote. 7 I still believe we can change 8 Albany. And I also believe in the power of 9 partnership. Senator Skelos, it's in your 10 hands, it's in your lead. But we will be 11 there right with you when we agree. When we 12 disagree, we will challenge you. As Dr. King 13 once said: Almost always, the creative, 14 dedicated minority has made the world better. 15 That is what we plan to do, and 16 that is what we will do. We will be committed 17 and we will be a compassionate opposition, but 18 most of all we understand that it takes a 19 partner to begin to understand and relieve the 20 middle class of the struggles that they face 21 on a day-to-day basis. 22 If we work together, we will lessen 23 the burden that government has passed on to 24 the middle class. We will transform our 25 economy, we will create jobs, and we will

Candyco Transcription Service, Inc. 1 unleash the innovative and can-do spirit of 2 the people of the State of New York, and once 3 again we can become the Empire State. 4 So, Mr. President, I want to thank 5 you. I want to congratulate my colleague 6 again, Senator Skelos -- this is a man who I 7 respect -- and, as always, tell everybody 8 about politics. Politics is temporary 9 business. Friendships last forever. We can 10 have our agreements and disagreements, but we 11 must understand that our responsibility is not 12 to the special interests, our responsibility 13 is to the people that we represent. 14 This is going to be a very 15 difficult year for all of us. The cuts are 16 billions of dollars. But we have to 17 understand that in order for us to give people 18 the opportunity -- my father came from a 19 country to America with $20 in his pocket, and 20 he was able to achieve the American dream. We 21 want to give every New Yorker the opportunity 22 to achieve the American dream. 23 Senator Skelos, it's your lead, 24 time to lead. I want to congratulate you. 25 And I'm here to work with you and make sure

Candyco Transcription Service, Inc. 1 that we provide that opportunity that we had, 2 but most of all for the opportunities for the 3 other people in the State of New York. 4 Congratulations. 5 (Applause.) 6 THE PRESIDENT: Thank you, 7 Senator. 8 Senator Skelos, will you please 9 stand and meet me at the well, along with your 10 brother, the Honorable Peter Skelos, and your 11 beautiful wife, Gail, and son, Adam, to be 12 sworn in as the Temporary President of the 13 Senate. 14 JUSTICE PETER SKELOS: Will you 15 raise your right hand and repeat after me: 16 I, Dean G. Skelos -- 17 SENATOR SKELOS: I, Dean G. 18 Skelos -- 19 JUSTICE PETER SKELOS: -- do 20 solemnly swear -- 21 SENATOR SKELOS: -- do solemnly 22 swear -- 23 JUSTICE PETER SKELOS: -- to 24 uphold the Constitution of the United 25 States --

Candyco Transcription Service, Inc. 1 SENATOR SKELOS: -- to uphold the 2 Constitution of the United States -- 3 JUSTICE PETER SKELOS: -- and the 4 Constitution of the State of New York -- 5 SENATOR SKELOS: -- and the 6 Constitution of the State of New York -- 7 JUSTICE PETER SKELOS: -- and 8 that I will faithfully discharge -- 9 SENATOR SKELOS: -- and that I 10 will faithfully discharge -- 11 JUSTICE PETER SKELOS: -- the 12 office of President Pro Tem -- 13 SENATOR SKELOS: Temporary 14 President Pro Tem. 15 (Laughter.) 16 JUSTICE PETER SKELOS: Okay, the 17 office of Temporary President Pro Tem of the 18 Senate -- 19 SENATOR SKELOS: -- the office of 20 Temporary President Pro Tem of the Senate -- 21 JUSTICE PETER SKELOS: -- of the 22 State of New York -- 23 SENATOR SKELOS: -- of the State 24 of New York -- 25 JUSTICE PETER SKELOS: -- to the

Candyco Transcription Service, Inc. 1 best of my ability, so help me God. 2 SENATOR SKELOS: -- to the best 3 of my ability, so help me God. 4 (Extended standing ovation.) 5 THE PRESIDENT: Ladies and 6 gentlemen, our Temporary President of the 7 Senate. Please welcome Senator Skelos. 8 Senator. 9 SENATOR SKELOS: Thank you very 10 much. And I'd like to welcome you, our new 11 Lieutenant Governor, to this wonderful 12 chamber. It's going to be a unique but 13 wonderful experience having you preside. We 14 are a great group of people, a divergent group 15 of people, different parts of the state. And 16 as we have our meetings here and our 17 discussions from time to time, you'll see what 18 a wonderful group of people that you'll be 19 presiding over. 20 So I welcome you to the chamber. 21 THE PRESIDENT: Thank you, 22 Senator. Thank you. Thank you. 23 (Applause.) 24 SENATOR SKELOS: Your Excellency, 25 Archbishop Dolan, I thank you for your

Candyco Transcription Service, Inc. 1 prayers, the chamber does, and we appreciate 2 your leadership on behalf of the people of the 3 State of New York. 4 Thank you for being here. 5 (Applause.) 6 SENATOR SKELOS: Senator Sampson, 7 I congratulate you on your election. And I 8 can honestly say that I enjoyed the order of 9 the resolutions this year more than I did two 10 years ago. 11 (Laughter.) 12 SENATOR SKELOS: My wife, Gail; 13 my son, Adam; my father, who's here, Basil, 14 who is 90 -- almost 90 years old. 15 (Applause.) 16 SENATOR SKELOS: Still drives 17 himself to work every day, and keeps saying to 18 saying to me, "Where's my STAR rebate check?" 19 (Laughter.) 20 SENATOR SKELOS: To my brothers, 21 sisters, sister-in-laws, brother-in-laws, 22 nieces, nephews. You have been so wonderful 23 to me over the year, supportive. And as I 24 said earlier today, without the foundation of 25 your family, whether it's brothers, sisters,

Candyco Transcription Service, Inc. 1 nieces, nephews, son, wife, you really have 2 nothing. And life truly is, number one, about 3 your family, and certainly then the profession 4 that we look to go into. 5 Tom, I want to thank you, Senator 6 Libous, for your kind nomination. And to my 7 dear friend Senator Owen Johnson, I thank you 8 for seconding the nomination. 9 I'm not going to have long comments 10 today, because our new Governor has asked me 11 to make comments on the floor. So to avoid 12 redundancy and to avoid spending a lot of time 13 right now -- because we have to go not 14 convention center -- at this time I'd like to 15 introduce our new State Senators. 16 First I'd like to introduce Mark 17 Grisanti. Mark? 18 (Applause.) 19 SENATOR SKELOS: From Nassau 20 County, Senator Jack Martins. Jack? 21 (Applause.) 22 SENATOR SKELOS: Senator Patrick 23 Gallivan. Senator? 24 (Applause.) 25 SENATOR SKELOS: I think I was

Candyco Transcription Service, Inc. 1 almost his age once, when I came here. But 2 our new Senator, Senator Lee Zeldin. 3 (Applause.) 4 SENATOR SKELOS: Former 5 Assemblyman and now State Senator Tom O'Mara. 6 (Applause.) 7 SENATOR SKELOS: We have our new 8 Senator Patty Ritchie. 9 (Applause.) 10 SENATOR SKELOS: And finally, 11 former Assemblyman and now Senator Greg Ball. 12 Greg? 13 (Applause.) 14 SENATOR SKELOS: I just want to 15 say what an honor it is to all of my 16 colleagues, to all of my colleagues that are 17 here, that you've elected me your Temporary 18 President and Majority Leader. I know in your 19 hearts you really wanted to vote for me -- 20 (Laughter.) 21 SENATOR SKELOS: -- but this is 22 the process. 23 And I believe that the process that 24 exists in this state -- and it can always be 25 improved -- is a wonderful process where we

Candyco Transcription Service, Inc. 1 can come together, as I mentioned to the 2 Lieutenant Governor, from all parts of the 3 state, different interests, different 4 constituencies, different backgrounds. But 5 the challenge for us this year is truly going 6 to be to make it work. 7 So, Senator Sampson, and to all of 8 our colleagues, this is going to be a 9 challenging year. And with this challenge, we 10 cannot pass the opportunity to reform and 11 change this state. 12 Senator Sampson, you mentioned 13 certain pledges. Let me make a pledge that 14 we've made throughout the last two years. We 15 will not be raising taxes. That's a pledge 16 that we will keep. 17 (Applause.) 18 SENATOR SKELOS: As indicated by 19 the new Governor and the necessity that exists 20 with the spending binges that went on in the 21 past, we will cut state spending. It's 22 absolutely necessary because the people of 23 this state can no longer afford the cost of 24 state government. 25 And probably the most important

Candyco Transcription Service, Inc. 1 pledge that we have to keep, and what the 2 people of New York are crying out for, and 3 that's for us to empower and help create 4 private-sector jobs. 5 (Applause.) 6 SENATOR SKELOS: We will restore 7 decorum, dignity, and respect to this 8 beautiful chamber. We will start session on 9 time. And we will -- 10 (Applause.) 11 SENATOR SKELOS: And we will take 12 up bills that are introduced and sponsored by 13 both sides of the aisle. Legislation -- 14 (Applause.) 15 SENATOR SKELOS: Legislation will 16 be debated, and bills will pass and bills will 17 fail. But I think that's what our democracy 18 is about, the opportunity to discuss 19 legislation and have up-or-down votes. 20 And I think that's critically 21 important, that if we do this and we act with 22 decorum, that we can restore the faith of the 23 people in this chamber. 24 And if we partner with our new 25 Governor, with Speaker Silver, we will have a

Candyco Transcription Service, Inc. 1 tremendous opportunity to turn around this 2 state, make it the Empire State once again, 3 and bring the respect to this chamber that we 4 will earn this year as Republicans and 5 Democrats working together. 6 So I thank you for the opportunity, 7 I thank you for the challenge, and I look 8 forward to a productive, productive session 9 this year. Thank you much. 10 (Applause.) 11 SENATOR SKELOS: Mr. President, 12 at this time I hand up the following 13 Resolution Number 3 and ask that the title be 14 read and move for its immediate adoption. 15 THE PRESIDENT: The Secretary 16 will read Resolution Number 3 in its entirety. 17 THE SECRETARY: By Senator 18 Skelos, Senate Resolution Number 3, that 19 Francis W. Patience of Latham, New York, be 20 and he hereby is elected Secretary of the 21 Senate for the years 2011-2012. 22 "RESOLVED, That Francis W. Patience 23 of Latham, New York, be and he hereby is 24 elected Secretary of the Senate for the years 25 2011-2012."

Candyco Transcription Service, Inc. 1 THE PRESIDENT: The question is 2 on the resolution. All those in favor signify 3 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 states for the record 10 that Francis W. Patience has been elected 11 Secretary of the Senate for the years 12 2011-2012. 13 Mr. Patience, I ask that you now 14 join your dear mother, Mary Elizabeth 15 Patience, accompanied by your brother, Tom, at 16 the well, to be sworn in by Senator Skelos. 17 SENATOR SKELOS: You ready for 18 this? 19 (Laughter.) 20 SENATOR SKELOS: I do solemnly 21 swear -- 22 MR. PATIENCE: I do solemnly 23 swear -- 24 SENATOR SKELOS: -- that I will 25 support the Constitution of the United

Candyco Transcription Service, Inc. 1 States -- 2 MR. PATIENCE: -- that I will 3 support the Constitution of the United 4 States -- 5 SENATOR SKELOS: -- and the 6 Constitution of the State of New York -- 7 MR. PATIENCE: -- and the 8 constitution of the State of New York -- 9 SENATOR SKELOS: -- and that I 10 will faithfully discharge -- 11 MR. PATIENCE: -- and that I will 12 faithfully discharge -- 13 SENATOR SKELOS: -- the duties of 14 the office of Secretary of the Senate -- 15 MR. PATIENCE: -- the duties of 16 the office of Secretary of the Senate -- 17 SENATOR SKELOS: -- of the State 18 of New York -- 19 MR. PATIENCE: -- of the State of 20 New York -- 21 SENATOR SKELOS: -- to the best 22 of my ability -- 23 MR. PATIENCE: -- to the best of 24 my ability -- 25 SENATOR SKELOS: -- so help me

Candyco Transcription Service, Inc. 1 God. 2 MR. PATIENCE: -- so help me God. 3 SENATOR SKELOS: Congratulations. 4 (Applause.) 5 THE PRESIDENT: Ladies and 6 gentlemen, our Secretary. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 if we could have Resolution 4 now read in its 10 entirety and move for its immediate adoption. 11 THE PRESIDENT: The Secretary 12 will read Resolution Number 4 in its entirety. 13 THE SECRETARY: By Senator 14 Skelos, Senate Resolution Number 4, that 15 George R. Federoff be, and he hereby is 16 elected Sergeant-at-Arms of the Senate for the 17 years 2011-2012. 18 "Resolved, that George R. Federoff 19 be, and he hereby is elected Sergeant-at-Arms 20 of the Senate for the years 2011-2012." 21 THE PRESIDENT: On the 22 resolution, all in favor signify by saying 23 aye. 24 (Response of "Aye.") 25 THE PRESIDENT: Opposed, nay.

Candyco Transcription Service, Inc. 1 (No response.) 2 THE PRESIDENT: The resolution is 3 adopted. 4 Congratulations, Mr. Federoff. 5 For the record, Mr. George R. 6 Federoff has been elected Sergeant at Arms for 7 the years 2011-2012. 8 (Applause.) 9 THE PRESIDENT: Congratulations. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, I 12 believe there are Resolutions Number 5 and 6 13 at the desk. May we please have them read and 14 move for their immediate adoption. 15 THE PRESIDENT: The Secretary 16 will now read Resolution Number 5 in its 17 entirety. 18 THE SECRETARY: By Senator 19 Skelos, Senate Resolution Number 5, resolved 20 that the Temporary President appoint a 21 committee of two to inform the Governor of the 22 election of Dean G. Skelos as Temporary 23 President of the Senate for the years 24 2011-2012, and that the Senate is organized 25 and ready to proceed with business.

Candyco Transcription Service, Inc. 1 "RESOLVED, That the Temporary 2 President appoint a committee of two, 3 comprised of Senator Patricia Ritchie and 4 Senator Timothy Kennedy, for the purpose of 5 informing the Governor of the election of Dean 6 G. Skelos as Temporary President of the Senate 7 for the years 2011-2012, and that the Senate 8 is organized and ready to proceed with 9 business." 10 THE PRESIDENT: The question is 11 on the resolution. All those in favor please 12 signify by saying aye. 13 (Response of "Aye.") 14 THE PRESIDENT: Opposed, nay. 15 (No response.) 16 THE PRESIDENT: The resolution is 17 adopted. 18 Senator Skelos appoints Senators 19 Patricia Ritchie and Timothy Kennedy to wait 20 upon the Governor that the Senate is ready to 21 proceed. 22 The Secretary will now read 23 Resolution Number 6 in its entirety. 24 THE SECRETARY: By Senator 25 Skelos, Senate Resolution Number 6, resolved

Candyco Transcription Service, Inc. 1 that the Temporary President appoint a 2 committee of two to wait upon the Assembly and 3 inform that body of the election of Dean G. 4 Skelos as Temporary President of the Senate 5 for the years 2011-2012, and that the Senate 6 is organized and ready to proceed with 7 business. 8 "RESOLVED, That the Temporary 9 President appoint a committee of two, 10 comprised of Senator Mark Grisanti and Senator 11 Gustavo Rivera, for the purpose of waiting 12 upon the Assembly and informing that body of 13 the election of Senator Dean G. Skelos as 14 Temporary President of the Senate for the 15 years 2011-2012, and that the Senate is 16 organized and ready to proceed with business." 17 THE PRESIDENT: The question is 18 on the resolution. All those in favor signify 19 by saying aye. 20 (Response of "Aye.") 21 THE PRESIDENT: Opposed, nay. 22 (No response.) 23 THE PRESIDENT: The resolution is 24 adopted. 25 Senator Skelos appoints Senators

Candyco Transcription Service, Inc. 1 Mark Grisanti and Gustavo Rivera to wait upon 2 the Assembly that the Senate is ready to 3 proceed. 4 Senator Skelos. 5 SENATOR SKELOS: Mr. President, I 6 believe there are two resolutions, 7 and 8, at 7 the desk. May we please have the titles read 8 and move for their immediate adoption. 9 THE PRESIDENT: The Secretary 10 will read Resolution Number 7, title only. 11 THE SECRETARY: By Senator 12 Skelos, Senate Resolution Number 7, providing 13 for the adoption of the rules of the Senate 14 for a certain period of time. 15 THE PRESIDENT: The question is 16 on the resolution. All those in favor signify 17 by saying aye. 18 (Response of "Aye.") 19 THE PRESIDENT: Opposed, nay. 20 (No response.) 21 THE PRESIDENT: The resolution is 22 adopted. 23 The Secretary will now read 24 Resolution Number 8 in its entirety. 25 THE SECRETARY: By Senator

Candyco Transcription Service, Inc. 1 Skelos, Senate Resolution Number 8, providing 2 for the hours of meeting by the Senate for the 3 years 2011-2012. 4 "RESOLVED, That unless otherwise 5 ordered, the hours of meeting of the Senate 6 shall be as follows: Mondays and Tuesdays at 7 3:00 p.m., Wednesdays and all other days at 8 11:00 a.m." 9 THE PRESIDENT: The question is 10 on the resolution. All those in favor signify 11 by saying aye. 12 (Response of "Aye.") 13 THE PRESIDENT: Opposed, nay. 14 (No response.) 15 THE PRESIDENT: The resolution is 16 adopted. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, I 19 hand up two committee assignments and ask that 20 such assignments be filed in the Journal. 21 THE PRESIDENT: Notice will be 22 filed in the Journal. 23 Senator Skelos. 24 SENATOR SKELOS: Mr. President, 25 the Senate will stand adjourned until Monday,

Candyco Transcription Service, Inc. 1 January 10th, at 3:00 p.m., intervening days 2 being legislative days. We will now proceed 3 to the Empire State Plaza Convention Center 4 for the Governor's State of the State address. 5 THE PRESIDENT: On motion, the 6 Senate stands adjourned until Monday, 7 January 10th, at 3:00 p.m., intervening days 8 being legislative days. 9 The Senate will now proceed to the 10 Empire State Plaza Convention Center for the 11 Governor's State of the State address. 12 (Whereupon, at 12:53 p.m., the 13 Senate adjourned.) 14 15 16 17 18 19 20 21 22 23 24 25

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