Wednesday, March 9, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 9, 2011 11 3:13 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 come to order. 4 I ask that everyone present please 5 rise and repeat the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT FLANAGAN: In 9 the absence of clergy, I would respectfully 10 ask that everyone bow their heads in a moment 11 of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT FLANAGAN: 15 Reading of the Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, March 8, the Senate met pursuant to 18 adjournment. The Journal of Monday, March 7, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT FLANAGAN: 22 Without objection, the Journal stands approved 23 as read. 24 Presentation of petitions. 25 Messages from the Assembly.

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 Senator Rivera has a privileged resolution at 10 the desk. He would ask that we read it in its 11 entirety and then call on him before its 12 adoption, please. 13 ACTING PRESIDENT FLANAGAN: The 14 Secretary will read. 15 Excuse me. Before the Secretary 16 reads, can we just have some quiet for Senator 17 Rivera's resolution. 18 The Secretary will read. 19 THE SECRETARY: Legislative 20 Resolution Number 676, by Senator Rivera, 21 honoring Dr. Frances Fox Piven upon the 22 occasion of the 40th anniversary of the 23 publication of Regulating the Poor: The 24 Functions of Public Welfare. 25 "WHEREAS, It is the sense of this

Candyco Transcription Service, Inc. 1 Legislative Body that individuals who 2 distinguish themselves in their profession and 3 who have dedicated their lives to improving 4 the lives of others merit the highest 5 commendation; and 6 "WHEREAS, Attendant to such 7 concern, and fully in accord with its 8 long-standing traditions, this Legislative 9 Body is justly proud to pay tribute to 10 Dr. Frances Fox Piven, distinguished professor 11 of political science and sociology at the CUNY 12 Graduate Center, upon the occasion of the 40th 13 anniversary of the publication of the 14 Regulating the Poor: The Functions of Public 15 Welfare, her groundbreaking book on social 16 policy in the United States; and 17 "WHEREAS, Regulating the Poor: The 18 Functions of Public Welfare remains a 19 pioneering social analysis of the Great 20 Depression and the social upheaval of the 21 1960s, co-authored by Dr. Piven with her late 22 husband Richard Cloward; and 23 "WHEREAS, Dr. Piven has dedicated 24 her life to making sure all Americans have 25 work, food on the table, and above all a voice

Candyco Transcription Service, Inc. 1 in our democracy. Over the past half-century, 2 she has written more than 10 books and 3 countless articles exploring the causes of 4 poverty in the United States, the government's 5 role in alleviating economic suffering, and 6 the power of working people to join together 7 to gain a voice in the corridors of power; and 8 "WHEREAS, She has put her 9 principles into action, as well as leading 10 efforts to expand voting rights, access to the 11 social safety net, and the ability of all 12 Americans to make their voices heard; and 13 "WHEREAS, Putting her ideas into 14 practice, Dr. Piven and her husband, Richard 15 Cloward, worked to fight for greater access to 16 services for the poor. Her efforts were 17 instrumental in enabling needy people to 18 receive federal aid; and 19 "WHEREAS, In the 1980s, Dr. Piven 20 was a leader in the movement to expand access 21 to the ballot box to traditionally 22 disenfranchised groups, including the poor, 23 African-Americans, and immigrants. Her 24 movement was a driving force behind the 25 passage of the National Voter Registration Act

Candyco Transcription Service, Inc. 1 of 1993, also known as the 'Motor Voter Act,' 2 which requires all social services agencies, 3 including public assistance and disability 4 centers, as well as Departments of Motor 5 Vehicles, to offer voter registration forms to 6 the public; and 7 "WHEREAS, When President Bill 8 Clinton signed the bill into law at a White 9 House ceremony in 1993, Dr. Piven spoke and 10 was honored to receive one of the pens the 11 President used to sign the bill as a testament 12 to her key role in the law's passage. Her 13 work expanding access to the ballot box also 14 earned her a National Association of 15 Secretaries of State's Annual Award in 1994; 16 and 17 "WHEREAS, Since 1982, Dr. Piven has 18 taught in the Political Science and Sociology 19 Departments at the City University of New York 20 Graduate Center, and for the past 45 years she 21 has served as a mentor to countless 22 New Yorkers who have taken their place as 23 productive educators and scholars in the great 24 State of New York; and 25 "WHEREAS, In keeping with its

Candyco Transcription Service, Inc. 1 time-honored traditions, this Legislative Body 2 is proud to honor individuals, such as 3 Dr. Frances Fox Piven, who distinguish 4 themselves in their chosen field of endeavor, 5 dedicating themselves to its enhancement and 6 leading it in new directions; now, therefore, 7 be it 8 "RESOLVED, That this Legislative 9 Body pause in its deliberations to honor 10 Dr. Frances Fox Piven upon the occasion of the 11 40th anniversary of the publication of her 12 important work Regulating the Poor: The 13 Functions of Public Welfare; and it be further 14 "RESOLVED, That a copy of this 15 resolution, suitably engrossed, be transmitted 16 to Dr. Frances Fox Piven." 17 ACTING PRESIDENT FLANAGAN: 18 Senator Rivera on the resolution. 19 SENATOR RIVERA: Thank you, 20 Mr. President. 21 I rise today to kind of tell you a 22 little story about myself. There's many 23 people in this room that might know this, but 24 not everyone does. When I originally came 25 from Puerto Rico in 1998, I came to study

Candyco Transcription Service, Inc. 1 political science in a Ph.D. program in the 2 CUNY Graduate Center. And I came as somebody 3 who was very interested in political science, 4 but somebody who didn't know a lot about 5 politics and about political change. 6 One of the first classes that I 7 took was with Dr. Frances Fox Piven, who's 8 with us here today. And during that class 9 what Dr. Piven taught me, the discussions that 10 we had in that class kind of taught me about 11 American politics and change in American 12 politics. 13 I learned to appreciate the fact 14 that this country and the social movements 15 that have existed in the history of this 16 country have driven positive change. I 17 learned about collective action, what people 18 together can achieve. 19 As I tell my students all the time, 20 since I've actually gone on to teach college 21 myself -- not in the same quality that 22 Dr. Piven does, but certainly trying my 23 best -- and I tell my students that when they 24 have an issue and they want to discuss it with 25 an elected official, they can go and say,

Candyco Transcription Service, Inc. 1 "Hey, I have this very important issue that I 2 need you to address," and a couple of 3 different things can happen if they go by 4 themselves. 5 They can have an elected official 6 on the other side of the table who really 7 cares about their issue and is going to 8 respond immediately. They can have somebody 9 on the other side of the table who doesn't 10 really want to respond to their issue and 11 tells their staff never to let that person in 12 the room again. Or you can have another 13 elected official who does care but might want 14 to put that off because it's not that 15 important. 16 But if that person comes with 17 100 people, that elected official on the other 18 side of the table has to listen, has to pay 19 attention. That is the power of collective 20 action. 21 And her work has taught me that if 22 you look at the history of this country, it is 23 collective action, it is people together, 24 fighting for their rights and for better 25 conditions, that make it better for all of us.

Candyco Transcription Service, Inc. 1 Whether it's the abolitionist movements, the 2 women's rights movements, the civil rights 3 movements, the workers' rights movements -- 4 and we can even include in that list the 5 right-to-life movement or the Tea Party 6 movement -- even if you disagree with their 7 political affiliations, you cannot ignore the 8 fact that in American democracy it is 9 collective action, it is people working 10 together that actually can achieve things. 11 So Dr. Piven, as accomplished as 12 she is as a scholar, she is a better mentor to 13 her students. My policy director, 14 Dr. Christopher Malone, who affectionately 15 refers to her as Frances, always, always 16 refers to her as his mentor and the reason why 17 he is doing what he is doing today. 18 And I daresay were it not for that 19 class that I took the first semester when I 20 got off that plane in cold New York, I would 21 not be standing here with you today. 22 So I am honored today to sponsor 23 this resolution which recognizes a great 24 teacher, a great scholar, and a great 25 American, Dr. Frances Fox Piven, who joins us

Candyco Transcription Service, Inc. 1 here today. 2 Thank you, Mr. President. 3 ACTING PRESIDENT FLANAGAN: Thank 4 you, Senator Rivera. 5 Dr. Piven, it's a pleasure to see 6 you here today. Welcome to the New York State 7 Senate. Yesterday, had you been here, you 8 could have seen democracy in action, probably 9 in a way that you could have written another 10 book about. 11 But we welcome you here today 12 nonetheless and -- I'm sorry, Senator Krueger 13 on the resolution. 14 SENATOR LIZ KRUEGER: Thank you 15 very much. Thank you, Mr. President. 16 I also am very proud to stand here 17 to say thank you, Senator Rivera, for putting 18 forth this very important resolution, and how 19 delighted I am to see Frances Piven here with 20 us today. 21 I also went to a graduate school -- 22 earlier than you, I'm older -- in a different 23 city, in Chicago. I went to Public Policy 24 School at the University of Chicago. And one 25 of the most important books I read when I was

Candyco Transcription Service, Inc. 1 in graduate school was the book by Cloward and 2 Piven. 3 And then when, years later, I came 4 to New York City to work on antipoverty 5 programs, I had the opportunity to meet them 6 both in person and to work with them around 7 the motor voter issue and the importance of 8 making sure everyone had access to register to 9 vote, everyone had access, needed access to 10 participate in democracy by voting, regardless 11 of their income, regardless of where they 12 lived or who they were. 13 And so both as a symbol of academic 14 freedom in our time and the importance of it, 15 and a national and international symbol of 16 speaking out and educating others about the 17 role we all play in democracy, I am delighted 18 that Senator Rivera has brought Dr. Piven here 19 to us today. And I hope that everybody will 20 take an opportunity to do a little research 21 into the amazing work that she has done for 22 students and people throughout the world for 23 many, many years. 24 Thank you very much, Dr. Piven, for 25 all your work.

Candyco Transcription Service, Inc. 1 Thank you, Senator Rivera. 2 Thank you, Mr. President. 3 ACTING PRESIDENT FLANAGAN: Thank 4 you, Senator Krueger. 5 Senator Perkins on the resolution. 6 SENATOR PERKINS: Thank you very 7 much. I'll just be brief. 8 I want to first thank my colleague 9 for the resolution and for the opportunity to 10 meet Dr. Piven. I am probably amongst many 11 others like yourself who have had the 12 privilege of being influenced by her work, 13 especially in undergraduate school and 14 especially as it relates to the poor. 15 And to many of us who are from poor 16 families, poor communities, who are dedicated 17 to trying to empower them and to move them 18 along, your work has been very, very important 19 in terms of an appreciation of how that can be 20 done and what has been wrong with the system 21 that we've been living through for so long. 22 So I thank you so much for your 23 work, thank you for providing us with the 24 opportunity to recognize her and to meet her, 25 and I hope that we get a chance to see more of

Candyco Transcription Service, Inc. 1 your work as time goes on. 2 Thank you so much. 3 ACTING PRESIDENT FLANAGAN: Thank 4 you, Senator Perkins. 5 Is there any other Senator wishing 6 to be heard on the resolution? 7 Hearing none, the question is on 8 the resolution. All those in favor signify by 9 saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT FLANAGAN: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT FLANAGAN: The 15 resolution is adopted. 16 Senator Libous. 17 SENATOR LIBOUS: Thank you, 18 Mr. President. 19 There's a privileged resolution at 20 the desk by Senator Lanza. May we please have 21 the title read and move for its immediate 22 adoption. 23 ACTING PRESIDENT FLANAGAN: The 24 Secretary will read. 25 THE SECRETARY: Legislative

Candyco Transcription Service, Inc. 1 Resolution Number 782, by Senator Lanza, 2 commemorating the Staten Island Advance upon 3 the occasion of celebrating its 125th 4 anniversary. 5 ACTING PRESIDENT FLANAGAN: The 6 question is on the resolution. All those in 7 favor signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT FLANAGAN: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT FLANAGAN: The 13 resolution is adopted. 14 Senator Libous. 15 SENATOR LIBOUS: At this time, 16 Mr. President, I believe we can take up the 17 reading of the noncontroversial calendar. 18 ACTING PRESIDENT FLANAGAN: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 105, by Senator Gallivan, Senate Print 2385, 22 an act to amend the Environmental Conservation 23 Law. 24 ACTING PRESIDENT FLANAGAN: Read 25 the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 ACTING PRESIDENT FLANAGAN: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 54. Nays, 7 2. Senator Duane and Senator Serrano in the 8 negative. 9 ACTING PRESIDENT FLANAGAN: The 10 bill is passed. 11 Senator Libous. 12 SENATOR LIBOUS: Mr. President, I 13 believe that was Senator Gallivan's first 14 bill. 15 Congratulations, Senator. 16 ACTING PRESIDENT FLANAGAN: 17 Senator Gallivan, congratulations. 18 (Applause.) 19 ACTING PRESIDENT FLANAGAN: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 148, by Senator Ranzenhofer, Senate Print 23 2682, an act to repeal Section 2975-a of the 24 Public Authorities Law. 25 ACTING PRESIDENT FLANAGAN: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 ACTING PRESIDENT FLANAGAN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT FLANAGAN: 8 Senator Valesky, why do you rise? 9 SENATOR VALESKY: Mr. President, 10 just to explain my vote. 11 ACTING PRESIDENT FLANAGAN: To 12 explain your vote. 13 SENATOR VALESKY: I want to thank 14 Senator Ranzenhofer for bringing this measure 15 to the floor today. 16 I sponsor similar legislation in 17 the Senate, Senate Bill 1910. Both bills do 18 essentially the same thing, which is to 19 correct a measure that was included in the 20 state budget from a few years ago that is very 21 much anti-economic development and would 22 repeal what has become known as the IDA tax. 23 So again, I want to thank you, 24 Senator Ranzenhofer, for your leadership on 25 this issue and hope that the Assembly will

Candyco Transcription Service, Inc. 1 follow suit. 2 I vote in the affirmative. 3 ACTING PRESIDENT FLANAGAN: Thank 4 you, Senator Valesky. 5 Announce the results. 6 THE SECRETARY: Ayes, 58. Nays, 7 1. Senator Duane in the negative. 8 ACTING PRESIDENT FLANAGAN: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 158, by Senator Carlucci, Senate Print 2404, 12 an act to authorize the Town of Orangetown, 13 County of Rockland, to discontinue the use of 14 certain town lands. 15 ACTING PRESIDENT FLANAGAN: A 16 home-rule message is at the desk. 17 Read the last section. 18 THE SECRETARY: Section 5. This 19 act shall take effect immediately. 20 ACTING PRESIDENT FLANAGAN: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT FLANAGAN: 24 Senator Carlucci, to explain his vote. 25 SENATOR CARLUCCI: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 This legislation is a win/win 3 situation for the residents of the Town of 4 Orangetown, for the local businesses, for the 5 local utility company. It's a great example 6 of how a public/private partnership can foster 7 economic development and job growth in 8 New York. 9 So I'll be voting in the 10 affirmative on this legislation. Thank you. 11 ACTING PRESIDENT FLANAGAN: 12 Announce the results. 13 THE SECRETARY: Ayes, 59. 14 ACTING PRESIDENT FLANAGAN: The 15 bill is passed. 16 Senator Libous. 17 SENATOR LIBOUS: Mr. President, I 18 believe that was Senator Carlucci's first 19 bill. 20 (Applause.) 21 SENATOR LIBOUS: And, 22 Mr. President, it wasn't Senator Ranzenhofer's 23 first bill, but it may be his last. 24 (Laughter.) 25 SENATOR LIBOUS: Mr. President,

Candyco Transcription Service, Inc. 1 is there any further business at the desk? 2 ACTING PRESIDENT FLANAGAN: 3 Senator Libous, there is none. 4 SENATOR LIBOUS: There being no 5 further business at the desk, I move we 6 adjourn until Thursday, March 10th, at 7 11:00 a.m. 8 ACTING PRESIDENT FLANAGAN: On 9 motion, the Senate stands adjourned until 10 Thursday, March 10th, at 11:00 a.m. 11 (Whereupon, at 3:31 p.m., the 12 Senate adjourned.) 13 14 15 16 17 18 19 20 21 22 23 24 25

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