Tuesday, January 25, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 January 25, 2011 11 3:18 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN J. FLANAGAN, Acting 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 ACTING PRESIDENT FLANAGAN: The 3 Senate will please come to order. 4 I ask everyone to please rise and 5 repeat the Pledge of Allegiance with me. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT FLANAGAN: 9 Today's invocation will be offered by the 10 Reverend Peter Young, from Mother Teresa 11 Community, Albany. 12 REVEREND YOUNG: Thank you, 13 Senator. 14 Let us pray. 15 We can remember instances when we 16 needed a little mercy. Maybe we needed an 17 extension on a project. Maybe we needed a 18 loan or, often the case, we needed forgiveness 19 from someone we had hurt. Remember the sigh 20 of relief when mercy was granted and grief and 21 disappointment when it was denied. 22 All-merciful God, You give us what 23 we need in this chamber today, and constantly 24 forgive us. Grant us that we will be generous 25 in our mercy toward all of our New York State

Candyco Transcription Service, Inc. 1 citizens. May we be known as Senators of 2 mercy and of forgiveness. 3 Amen. 4 ACTING PRESIDENT FLANAGAN: The 5 reading of the Journal. 6 The Secretary will read. 7 THE SECRETARY: In Senate, 8 Monday, January 24, the Senate met pursuant to 9 adjournment. The Journal of Sunday, 10 January 23, was read and approved. On motion, 11 Senate adjourned. 12 ACTING PRESIDENT FLANAGAN: 13 Without objection, the Journal stands approved 14 as read. 15 Presentation of petitions. 16 Messages from the Assembly. 17 The Secretary will read. 18 THE SECRETARY: On page 6, 19 Senator Flanagan moves to discharge, from the 20 Committee on Finance, Assembly Bill Number 21 2289 and substitute it for the identical 22 Senate Bill Number 2026, Third Reading 23 Calendar 9. 24 ACTING PRESIDENT FLANAGAN: So 25 ordered.

Candyco Transcription Service, Inc. 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Libous. 8 SENATOR LIBOUS: Mr. President, 9 could you call on Senator Breslin, please, for 10 a motion. 11 ACTING PRESIDENT FLANAGAN: 12 Senator Breslin on a motion. 13 SENATOR BRESLIN: Mr. President, 14 on behalf of Senator Stavisky, I move that the 15 following bill be discharged from the 16 Committee on Transportation and be recommitted 17 with instructions to strike the enacting 18 clause: Senate Print 1219. 19 ACTING PRESIDENT FLANAGAN: So 20 ordered. 21 Senator Libous. 22 SENATOR LIBOUS: Thank you, 23 Mr. President. 24 Can we adopt the Resolution 25 Calendar, with the exception of Resolution

Candyco Transcription Service, Inc. 1 Number 292, please. 2 ACTING PRESIDENT FLANAGAN: All 3 in favor of adopting the Resolution Calendar, 4 with the exception of Resolution 292, signify 5 by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT FLANAGAN: 8 Opposed, nay. 9 (Response of "Nay.") 10 ACTING PRESIDENT FLANAGAN: The 11 Resolution Calendar is adopted. 12 Senator Libous. 13 SENATOR LIBOUS: Mr. President, 14 thank you. 15 I believe there's a privileged 16 resolution at the desk by Senator Smith. May 17 we please have the title read and move for its 18 immediate adoption. 19 ACTING PRESIDENT FLANAGAN: The 20 Secretary will read. 21 THE SECRETARY: By Senator Smith, 22 legislative resolution commending Bishop 23 Joseph Mattera upon the occasion of his 24 30-year Anniversary, to be celebrated on 25 January 29, 2011.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: Is 2 there any Senator wishing to be heard on the 3 resolution? 4 Hearing none, the question is on 5 the resolution. All in favor signify by 6 saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT FLANAGAN: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT FLANAGAN: The 12 resolution is adopted. 13 Senator Libous. 14 SENATOR LIBOUS: Thank you, 15 Mr. President. 16 I believe there's a resolution at 17 the desk, Number 292, by Senator Peralta. May 18 we please have the title read and move for its 19 immediate adoption. 20 ACTING PRESIDENT FLANAGAN: The 21 Secretary will read. 22 THE SECRETARY: By Senator 23 Peralta, Legislative Resolution Number 292, 24 commemorating the 167th Anniversary of the 25 Dominican Republic Independence, to be

Candyco Transcription Service, Inc. 1 celebrated on February 27, 2011. 2 ACTING PRESIDENT FLANAGAN: The 3 question is on the resolution. All those in 4 favor signify by saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT FLANAGAN: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT FLANAGAN: The 10 resolution is adopted. 11 Senator Libous. 12 SENATOR LIBOUS: Thank you, 13 Mr. President. 14 I believe that Senator Peralta 15 would like to open up his resolution for 16 cosponsorship. As we have always put before 17 the house, if there's a member who wishes not 18 to be on, to let the desk know, please. 19 ACTING PRESIDENT FLANAGAN: This 20 resolution is open for cosponsorship. Should 21 anyone not wish to be a cosponsor, please 22 notify the desk. 23 Senator Libous. 24 SENATOR LIBOUS: Mr. President, 25 there will be an immediate meeting of the

Candyco Transcription Service, Inc. 1 Rules Committee in Room 332, and I ask that 2 the Senate -- 3 ACTING PRESIDENT FLANAGAN: 4 Senator Sampson. 5 SENATOR SAMPSON: Point of 6 personal privilege, Senator. 7 SENATOR LIBOUS: Absolutely, 8 Mr. President. 9 ACTING PRESIDENT FLANAGAN: 10 State your point of personal privilege, 11 Senator Sampson. 12 SENATOR SAMPSON: Mr. President, 13 about two hours ago our conference received 14 rules reform, a resolution dealing with rules 15 and governing the Senate chamber for the next 16 two years. 17 What I'm asking the Majority is 18 although we did ask you to give us these rules 19 changes before next week, we didn't expect to 20 receive them two hours before we were going 21 into session today. 22 These rules are too important, 23 especially when we're dealing with governing 24 this chamber and the way we conduct our 25 business for the next two years, particularly

Candyco Transcription Service, Inc. 1 not only dealing with possibly close to 2 upwards of a $11 billion budget deficit this 3 year but also next year. 4 We believe that this course of 5 conduct, when we're talking about restoring 6 decorum and respect back to the chamber and 7 working in a bipartisan fashion to deal with 8 the economic impact that is truly going to 9 destroy a lot of things that we believe in 10 throughout this state and also this economy -- 11 we believe that more time is needed, 12 especially when we're dealing with these 13 rules. 14 When we took over the majority in 15 2009, we had public hearings dealing with 16 these rule reforms. Certain changes were 17 made. We're just asking at this point in 18 time, to receive these changes two hours 19 before we went into session today, we feel 20 that this disenfranchises the people who have 21 sent us to Albany to represent them. 22 In November, people wanted change 23 and they got change. And they wanted 24 government to do things differently. But we 25 are going backwards. When I remember, my

Candyco Transcription Service, Inc. 1 colleagues on the other side of the aisle 2 vehemently talked about the process, talked 3 about how you weren't involved, talked about 4 how you're getting these documents an hour or 5 two hours before we engaged into vital, vital 6 debate on certain issues. 7 This is all about establishing 8 decorum but, most of all, respecting the 9 voters who have sent us to Albany to represent 10 them here in this State Capitol. 11 That is my point of personal 12 privilege, meaning that a document of such 13 importance, we should put the consideration of 14 the rules until next week, Mr. President. 15 Thank you very much, Mr. President. 16 ACTING PRESIDENT FLANAGAN: 17 Senator Sampson, I appreciate your point of 18 personal privilege, but we are at a point now 19 where the Rules Committee is going to be 20 meeting in Room 332. The Senate will be 21 standing at ease. 22 The points you raise, while they 23 may be well-taken in a different context, are 24 out of order now because, frankly, we don't 25 have these reforms before the house right now.

Candyco Transcription Service, Inc. 1 We have to go to committee. Your 2 comments presuppose action that has not been 3 taken by the committee. Therefore, the Rules 4 Committee should meet in Room 332. 5 Senator Libous. 6 SENATOR LIBOUS: Thank you, 7 Mr. President. 8 ACTING PRESIDENT FLANAGAN: The 9 Senate will stand at ease. 10 (Whereupon, the Senate stood at 11 ease at 3:26 p.m.) 12 (Whereupon, the Senate reconvened 13 at 5:12 p.m.) 14 ACTING PRESIDENT FLANAGAN: The 15 Senate will come to order. 16 Senator Libous. 17 SENATOR LIBOUS: Thank you, 18 Mr. President. 19 If we could go to the 20 noncontroversial reading of the calendar, 21 please. 22 ACTING PRESIDENT FLANAGAN: Clerk 23 will read. 24 THE SECRETARY: Calendar Number 25 9, substituted earlier today by Member of the

Candyco Transcription Service, Inc. 1 Assembly Nolan, Assembly Print Number 2289, an 2 act to amend the Education Law. 3 ACTING PRESIDENT FLANAGAN: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT FLANAGAN: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. Nays, 11 2. Senators Perkins and Sampson recorded in 12 the negative. 13 ACTING PRESIDENT FLANAGAN: The 14 bill is passed. 15 Senator Libous. 16 SENATOR LIBOUS: Mr. President, 17 can you just hang for a second. 18 (Pause.) 19 SENATOR LIBOUS: Mr. President. 20 ACTING PRESIDENT FLANAGAN: 21 Senator Libous. 22 SENATOR LIBOUS: Business for the 23 day is concluded. I would ask, in 24 consultation with Senator Sampson, that we 25 stand at ease pending the discussion between

Candyco Transcription Service, Inc. 1 the Majority and the Minority in handing up 2 some assignments. 3 So the Senate will stand at ease, 4 but there will be no other business taken up 5 today. 6 ACTING PRESIDENT FLANAGAN: The 7 Senate will stand at ease. 8 (Whereupon, the Senate stood at 9 ease at 5:15 p.m.) 10 (Whereupon, the Senate reconvened 11 at 5:30 p.m.) 12 ACTING PRESIDENT MAZIARZ: 13 Senator Libous. 14 SENATOR LIBOUS: Thank you, 15 Senator Maziarz. 16 In consultation with the Minority, 17 I believe that Senator Sampson and Senator 18 Skelos are handing up the following changes in 19 leadership assignments. I would ask that they 20 be accepted at the desk and filed. 21 ACTING PRESIDENT MAZIARZ: The 22 leadership assignments as presented are 23 accepted at the desk. 24 Any further business, Senator 25 Libous?

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: Thank you, 2 Mr. President. 3 There being no further business, I 4 move that we adjourn until Monday, 5 January 31st, at 3:00 p.m., intervening days 6 being legislative days. 7 ACTING PRESIDENT MAZIARZ: The 8 Senate stands adjourned until Monday, 9 January 31st, at 3:00 p.m., intervening days 10 being legislative days. 11 (Whereupon, at 5:31 p.m., the 12 Senate adjourned.) 13 14 15 16 17 18 19 20 21 22 23 24 25

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