Gaveled in 12:17 PM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
January 9, 2013
12:17 p.m.
REGULAR SESSION
LIEUTENANT GOVERNOR ROBERT J. DUFFY, President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G STHE PRESIDENT:The Senate will come to order.
Please rise for the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
THE PRESIDENT:Thank you.
Today's invocation will be given by the Most Reverend William Murphy, Bishop of the Diocese of Rockville Centre, which includes Nassau and Suffolk Counties. Bishop Murphy has been bishop of the diocese since September 5, 2001, and, with His Eminence Cardinal Dolan and the other New York bishops, compose the New York State Catholic conference.
Please welcome Bishop Murphy.
(Applause.)
BISHOP MURPHY:In the interests of full disclosure, I will admit that I'm a constituent of the 9th Senate District.
(Laughter; applause.)
BISHOP MURPHY:But I promised Senator Skelos that I will be brief and that this prayer will have a beginning, a middle and an end.
Blessed are You, Lord, God of all creation, whose goodness fills our hearts this day with joy and hope. Blessed are You for You have brought us to this day to work in harmony and peace.
The members of this august Senate come from all parts of the great State of New York, O Lord. They represent the traditions of two great political parties, with all of the richness, variety, and points of view and plethora and plans and projects, hopes, and dreams that make up the political process.
Blessed are You who bring them all together in relationships old and new, friendships long-standing and just beginning, responsibilities common to all.
In You, Lord our God, all things have their beginning, continuation, and end. Grace us with Your saving presence and help them with Your constant help so that together they may work and pray and share ideas and insights in such a way that they will show respect to one another, esteem for each person's dignity, with a common commitment to deal honestly, justly with one another.
May their justice be inspired by wisdom and may their courage be guided by prudence so that they may, in all that they say and do during this session, build up a mutual commitment to work for all the citizens of our state and for the common good of all.
Lord, may everything that we all do, the members of this Senate as well as all citizens of New York, begin with Your inspiration and continue with Your help so that all our prayers and works beginning in You may be happily ended.
Glory and praise to You forever and ever, and may we all say amen.
THE ASSEMBLAGE:Amen.
THE PRESIDENT:Thank you, Bishop.
Welcome to the first session of 2013.
And due to the Governor's State of the State speech, I have to step away, so I'd like to ask Senator John Flanagan to please step up and preside over the Senate.
Senator?
ACTING PRESIDENT FLANAGAN:The Chair now hands down a message from the State Board of Elections, being the official certification of the duly elected members of the Senate, and directs that the same be filed.
And I would state for the record that Mr. Amedore's certification is contained in the board's certification pending a judicial decision.
So ordered.
I'd like to ask if there are any Senators present who have not taken their oaths of office to please rise.
Seeing none, the Secretary will call the roll to ascertain a quorum.
THE SECRETARY:Senator Adams.
SENATOR ADAMS:Aye.
THE SECRETARY:Senator Addabbo.
SENATOR ADDABBO:Here.
THE SECRETARY:Senator Avella.
SENATOR AVELLA:Here.
THE SECRETARY:Senator Ball.
SENATOR BALL:Here.
THE SECRETARY:Senator Bonacic.
SENATOR BONACIC:Here.
THE SECRETARY:Senator Boyle.
SENATOR BOYLE:Here.
THE SECRETARY:Senator Breslin.
SENATOR BRESLIN:Here.
THE SECRETARY:Senator Carlucci.
SENATOR CARLUCCI:Here.
THE SECRETARY:Senator DeFrancisco.
SENATOR DeFRANCISCO: Here.
THE SECRETARY:Senator Diaz.
SENATOR DIAZ:Presente.
THE SECRETARY:Senator Dilan.
SENATOR DILAN:Present.
THE SECRETARY:Senator Espaillat.
SENATOR ESPAILLAT:Here.
THE SECRETARY:Senator Farley.
SENATOR FARLEY:Here.
THE SECRETARY:Senator Felder.
SENATOR FELDER:Here.
THE SECRETARY:Senator Flanagan.
SENATOR FLANAGAN:Here.
THE SECRETARY:Senator Fuschillo.
SENATOR FUSCHILLO:Here.
THE SECRETARY:Senator Gallivan.
SENATOR GALLIVAN:Here.
THE SECRETARY:Senator Gianaris.
SENATOR GIANARIS:Here.
THE SECRETARY:Senator Gipson.
SENATOR GIPSON:Here.
THE SECRETARY:Senator Golden.
(No response.)
THE SECRETARY:Senator Griffo.
SENATOR GRIFFO:Here.
THE SECRETARY:Senator Grisanti.
SENATOR GRISANTI:Here.
THE SECRETARY:Senator Hannon.
SENATOR HANNON:Here.
THE SECRETARY:Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON:Here.
THE SECRETARY:Senator Hoylman.
SENATOR HOYLMAN:Here.
THE SECRETARY:Senator Kennedy.
SENATOR KENNEDY:Here.
THE SECRETARY:Senator Klein.
SENATOR KLEIN:Here.
THE SECRETARY:Senator Krueger.
SENATOR KRUEGER:Here.
THE SECRETARY:Senator Lanza.
SENATOR LANZA:Here.
THE SECRETARY:Senator Larkin.
SENATOR LARKIN:Here.
THE SECRETARY:Senator Latimer.
SENATOR LATIMER:Here.
THE SECRETARY:Senator LaValle.
SENATOR LaVALLE: Here.
THE SECRETARY:Senator Libous.
SENATOR LIBOUS:Here.
ACTING PRESIDENT FLANAGAN:Senator Skelos, a quorum is present.
I'm going to hand down a communication from the Governor of the State of New York, and the Secretary will read.
THE SECRETARY:"Dear Senators:
"I would appreciate the privilege of the presence of all the Members of the New York State Senate at the Empire State Plaza Convention Center on January 9, 2013 at 1:30 p.m.
"Very truly yours, Andrew M. Cuomo."
ACTING PRESIDENT FLANAGAN:To be filed in the Journal.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
At this time I hand up the following resolution and ask that the title be read. And I move for its immediate adoption, please.
ACTING PRESIDENT FLANAGAN:The Clerk will read.
SENATOR GIANARIS:Mr. President.
ACTING PRESIDENT FLANAGAN:Senator Gianaris, why do you rise?
SENATOR GIANARIS:Point of order. Is this the resolution to select the Temporary President, or what exactly -- where are we in the process?
ACTING PRESIDENT FLANAGAN:The Secretary will read the title.
THE SECRETARY:Senate Resolution by Senators Skelos and Klein to adopt the Rules of the Senate for the years 2013-2014.
SENATOR GIANARIS:Mr. President, I believe there's a substitute resolution at the desk. I ask that the title of that resolution be read and move for immediate adoption.
ACTING PRESIDENT FLANAGAN:Senator Gianaris, your resolution is out of order. And we will move on Senator Libous's resolution.
SENATOR GIANARIS:Mr. President, I'd like to appeal your ruling and be given the opportunity to be heard on it, please.
ACTING PRESIDENT FLANAGAN:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
I believe we're about to consider rules that we have had about 12 hours to consider. And by all accounts, these rules contain historically unprecedented changes to the way this chamber functions.
Now, we certainly understand that majority rules in this house, and those who have the votes can draft rules and pass them as they see fit. But in the interests of transparency, in the interests of small D democracy, I think it would only be appropriate, where we're considering something historically unprecedented in the history of this chamber, that every member be given the opportunity to study these rules, which are 26 pages long, analyze them, and have a proper discussion on this floor about them.
In that vein, the substitute resolution which I offered that you have ruled out of order would put into place the rules that were in place last year, word for word, with an expiration date of Monday, so that this entire chamber can have the next few days to review the proposed rules and we can have a proper discussion not on a day when we have to move quickly out of the chamber in order to attend the Governor's State of the State speech.
I don't believe it would hinder the proceedings of this house in any way to do that. And I would ask that we be given that opportunity. It is exactly what was done two years ago. The final rules of this house were not adopted until January 30th two years ago. And the rules as they existed prior to that were kept in place for that interim period. And I would ask that we be given that opportunity again.
And therefore, I would like to advocate a vote overruling your ruling, Mr. President.
ACTING PRESIDENT FLANAGAN:Thank you, Senator Gianaris.
The question is on the appeal of the ruling of the chair. Those in favor of overruling the chair signify by saying aye.
(Response of "Aye.")
SENATOR GIANARIS:Can we have a show of hands, Mr. President?
ACTING PRESIDENT FLANAGAN:All those in favor of overruling the chair please raise your hands.
(Show of hands.)
ACTING PRESIDENT FLANAGAN:The Chair is sustained.
Senator Libous, on your resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT FLANAGAN:Those opposed?
Senator Krueger, why do you rise?
SENATOR KRUEGER:I believe at the moment it's a point of order, because I was under the impression we were going to have an opportunity to debate the resolution. So I'm a little confused about an immediate calling of a vote on a resolution.
My question is, where are we in that process?
ACTING PRESIDENT FLANAGAN:Senator Krueger, the resolution is before the body. I moved for passage of that resolution because no one had risen to speak.
SENATOR KRUEGER:I'm sorry, Mr. President. I'm just getting clarification from counsel.
I'm sorry, Mr. President. You didn't ask, when you were calling the resolution, whether there were any members who wanted to speak on the resolution. So I'm asking now, may I please have an opportunity to raise questions and speak on the resolution?
ACTING PRESIDENT FLANAGAN:Senator Krueger.
SENATOR KRUEGER:Thank you very much.
And just, again, point of order before I start. May I have the opportunity to ask questions about the Rules resolution in addition to speaking on it?
ACTING PRESIDENT FLANAGAN:Senator Krueger, to your inquiry, yes, you may speak on the resolution and you may ask questions as well.
SENATOR KRUEGER:Thank you very much, Mr. President.
So as my colleague Senator Gianaris mentioned, we only received these rules -- to be fair, I received an email I believe with a copy at around midnight, but I confess I had fallen asleep, so I didn't actually see them till this morning. Some of my other colleagues might have been up later than I.
So I only have some initial questions today that will no doubt require more thought by all of us to really understand substantive changes in these rules as being proposed.
So really my first question is about something that I didn't see in the rules, which was any of the details of power sharing in the new Coalition Majority. There is explanation of Coalition Majority, but there's no details about the power sharing that we have actually read about in the papers.
And in fact when I did read the newspaper this morning, I was told that there's an MOU, memorandum of understanding, that actually lays out much of more of the details since it was absent in the rules.
So may we -- I'm sorry, who am I asking questions of, Mr. President? Senator Skelos?
ACTING PRESIDENT FLANAGAN:Senator Hannon. Senator Krueger, I believe Senator Hannon or Senator Valesky will be happy to answer questions.
SENATOR KRUEGER:Thank you.
So through you, Mr. President. Senator Hannon, can have I have a copy of the MOU that lays out the details that we do not have in front of us today?
SENATOR HANNON:First of all, Mr. President, let me point out that these rules are historically different because there is now a Majority Coalition. And that is the major change, because of the alignment of the Republicans and the Independent Democratic Coalition.
So that's the major thing that takes place. Everything flows from that, although there are some major innovative procedural rights that are now given to members in regard to bringing issues before the floor, bringing issues to the floor, bringing issues to the committees and causing public hearings to take place -- unprecedented democracy being visited with each of the members.
The question you asked is about something that's not in the rules. And I understand in order to have a Majority Coalition there has to be discussions among the members of the coalition. And I understand those discussions have taken place. Sometimes they may have or may not have reduced it to paper, but I don't think it's ever been final, because this is a process of ongoing consultation among the members of the Majority Conference, and that's going to have to take place.
So there is no memorandum to give you.
SENATOR KRUEGER:Through you, Mr. President, my understanding is whether or not there's a document in place that may be evolving, currently it is secret and we may not see a memorandum of understanding.
SENATOR HANNON:There's no secrets, Senator.
SENATOR KRUEGER:You know, I have a time limit --
SENATOR HANNON:There's no secrets to anything. It's a question of how do people work together, how does this body function to discharge its obligation under the Constitution to do the business of the people and also to organize in a way that Article 3, Section 9 requires it to do it. And that's what's taking place.
SENATOR KRUEGER:I couldn't agree --
SENATOR HANNON:So discussions that take place among --
ACTING PRESIDENT FLANAGAN:Senator Krueger and Senator Hannon, we have an extremely busy day ahead of us. I would request everyone to go through the chair.
Senator Krueger, are you asking Senator Hannon to continue to yield?
SENATOR KRUEGER:Yes.
ACTING PRESIDENT FLANAGAN:Senator Hannon, will you yield?
SENATOR HANNON:Yes.
ACTING PRESIDENT FLANAGAN:Senator Krueger.
SENATOR KRUEGER:Thank you.
And I certainly agree with Senator Hannon, the rules are intended to make explicit how this legislative body functions. Which is why it's so important for us all to have a chance to see it in writing, have more than 12 hours, or perhaps have a chance to see documents that we are not being provided at this point.
Senator Hannon already raised my next question. He says it democratizes the process and makes it easier to accomplish things and bring to the floor.
Now, quite a few sections of this new rules changes the formula for votes from a simple majority to a 3/5 supermajority model.
So under the old rules, you could bring a motion to the floor for consideration of bills with a simple majority. That has moved to three-fifths, meaning it would require 38 out of 63 members. How does that make it simpler to bring things to the floor if you need a 3/5 vote, a supermajority?
SENATOR HANNON:It's more widely available. And by adding in a requirement that allows one-third of the members of a committee to put an issue on the committee agenda, it starts the whole process for policy formation, for policy debate, for bringing things. Once it's been brought before a committee, if that committee approves, then it's going to have a certain impetus that issues tend to gather because of the work of the members and the work of the press.
And that's why it would ultimately wind up with greater considerations than we've had before.
SENATOR KRUEGER:Through you, Mr. President, does the sponsor know that the old rules allowed the rule if one-third of the members of a committee petitioned? That's the case. So that's not new, we had that.
But does he know that now, even when that takes place, it must go to the Secretary of the Senate and the Temporary President? I'm just trying to get the specific section to point out that they have to approve the hearing.
So previously committee chairs actually had the authority to approve committees. But we are taking away power from the committee chair, and they only can request a hearing, which can be turned down. Is that improved democracy?
SENATOR HANNON:First of all, I don't believe your interpretation of the rules is correct. The question of the petitions going to the Secretary of the Senate is for administrative convenience. It's not to give that Secretary of the Senate any greater power, it's simply to receive and transmit. Which is, frankly, a function of a ministerial officer rather than the function of the chair of a committee.
SENATOR KRUEGER:And the speaker also -- excuse me, Mr. President.
ACTING PRESIDENT FLANAGAN:Senator Krueger, are you asking Senator Hannon to continue to yield?
SENATOR KRUEGER:Yes, thank you, Mr. President, I am.
ACTING PRESIDENT FLANAGAN:Senator Hannon.
SENATOR KRUEGER:So Senator Hannon also said that it will make it easier for bills to come to the floor or to attempt to motion them to the floor.
Now, we've already moved in these rules from a 50 percent simple majority to a 3/5 supermajority, which makes it statistically almost impossible to happen. And we've reduced the number that you can try, because now a member can only motion for chamber consideration -- two allowed per day, must serve written notice of one legislative calendar day. And you are only entitled, I believe, per Senator to make three motions per year on bringing bills to the floor. It was unlimited before.
Now, granted, it was unlimited but you needed 50 percent majority. So I can't even remember in my time here when we were successful in minority in getting a win on a simple majority.
But under the new rules, I, Liz Krueger, would only have the opportunity on three bills per year, and I would need a three-fifths majority for it to pass. So how is that opening up the process?
SENATOR HANNON:Well, first of all, I'm glad you've had a chance to read through the rules, although whatever I say is black you'll say is white, and vice versa.
How is it -- what it will do with the three opportunities is say to each member, These are my most important issues, these are the things that I really want to have considered.
Under the past practices, we found out that sometimes a member would petition for everything, all of his or her bills. So that was not adding to the process, that was not adding to the policy debate that we want to see happening.
Take the issues that are most important and put them forward.
SENATOR KRUEGER:Mr. President, through you. I think I will speak on the bill because I respect how short our time frame is and the importance of our getting done in order to go to the Governor's State of the State.
ACTING PRESIDENT FLANAGAN:Senator Krueger on the resolution.
SENATOR KRUEGER:Thank you.
I want to thank Senator Hannon for his comments. I clearly do not agree with his interpretation of what these rules are.
But I'll start with the fact that there's not that much different, so maybe he and I could agree on that. The actual power-sharing details are not there. Perhaps we will learn about that in a future document made public to us all; perhaps not.
There are several changes that change the formula from a simple majority to a supermajority requiring 38 out of 63 votes. I believe that's unprecedented in other legislatures throughout the country for basic process. And I will take a projection today that nothing moves with a supermajority.
So ironically, even though we've created three conferences in this set of rules, the math is such that there isn't any way for a third conference to have an impact on the votes, because you need 38. So you're not going to have any actual votes on policy, procedure, process of this legislature where a third conference can make a difference, just for the record. So I'm not sure I would have agreed to that.
It does reduce the ratio of funding for the Democratic Conference to significantly lower than last session, where it was 33 percent of the central staff distribution to the Democrats. And they've lowered it to 30.
For the record, we will be -- we are 42 percent of this house, and our percentage will go up depending on the outcome of the unresolved case for the 46th District. So having 30 percent of the resources to provide the services to our constituents in our districts we feel is a blatant violation of the distribution of democracy, small D.
The concept that you need three-fifths majority for bringing a bill to actually just a third reading on the calendar, not an actual vote on the floor, certainly is not an increase of opportunity for members to be able to bring bills to the floor for a vote.
Committee representation has a new provision saying that it can be -- excuse me. There are some changes to committee representation, but I actually think it decreases the power of individual committees. It makes it more complicated for committees to do their job and try to move bills through to public hearings and to the floor even if a third of the members wish to.
It gives powers that are currently in the hands of the President Pro Tem to the Secretary of the Senate.
Now I would ask, why would the President Pro Tem want to give up their power and their authority? And if we're having two later today, why would two of them want to give it up?
Well, here's the answer. The Secretary of the Senate is hired and reports directly to only one of the President Pro Tems; that is, Dean Skelos, the head of the majority Republican Party. So if you give the powers from the President Pro Tem or remove it from the legislative process and give it to the Secretary of the Senate, then you're actually allowing one entity to control all those decisions.
Now, a lot of it is administrative, one can argue. But two that stood out to me immediately would be who decides whether the public and reporters are allowed on the floor of the Senate or whether they will be shut out.
Now, I actually don't really accept any scenario where the public and the process should be shut out of the Senate. But it's very disturbing to me that that will no longer even be within the legislative purview of the rules but rather simply at the decision-making of the Secretary of the Senate hired directly by Senator Skelos.
Because I believe you need a very, very strong set of requirements in order to shut the public and the press out of the floor of the Senate. We are doing the people's business. It should be done in public.
It also moves the authority about what goes on the Internet -- what public hearing announcements, what information flows through the Internet -- again to the Secretary of the Senate. Some of those powers now are currently within simply the Bill Drafting Commission and the Legislative Library.
I'm very concerned that we're attempting to politicize and control the flow of information through the Internet, which we know in the 21st century is in fact the most widely used source of information about legislative business, about bills, about announcements about public hearings, about the recording of our committees and what goes on on the floor.
So when you tie together that you're giving the power to the Secretary of the Senate to decide what gets televised, who can be here listening, what goes on the Internet, this is very disturbing to me. I have to say this is probably the most disturbing change that I see now right now in the rules, because by and large there's not very much that different.
In fact, since I heard members of the new Coalition Majority talking about being committed to bipartisan government that places progress over politicking, I was actually expecting something that would revolutionize the Senate and perhaps could move us forward into a post-partisan era of cooperation where we're individually empowered to deal with important issues, get votes done, and debate the bills that deserve being debated in the public that can be seen on Internet and the press.
But that's not what I see here. I'm reserving complete judgment, because as we already said, we feel that there was not enough time at all for anyone, including the public, to review what's actually in the rule changes. But mostly what I'm telling you I see is same old, same old.
The rules of the chamber were provided to us in the middle of last night and then were leaked to the media, sort of same old, same old. They didn't reform the operations of the chamber. In fact, there were steps taken backwards, away from reforms previously embraced by both Democrat and Republican majorities. They once again take resources from the minority in an attempt to further disenfranchise our constituents and make it even harder for duly elected Democratic members of the Senate to analyze legislation and present our own legislation.
They move us further than ever before in the direction of institutionalizing Republican control of this body and legislative operations, with new provisions like a supermajority requirement is required to change the rules in any way, sharply limiting the members' ability to even petition for open consideration of their bills, putting a partisan Secretary of the Senate in charge of even the most basic functions.
The Majority Coalition could have proved us wrong and taken this chamber in a bold new direction. Instead, we're taking a trip back in time to the bad old Albany.
The Democratic Conference will continue to work for the progressive changes New Yorkers voted for, and will continue to offer productive solutions, not the same old late-night Albany power plays and last minute bait-and-switches.
Thank you, Mr. President. I'll be voting no.
ACTING PRESIDENT FLANAGAN:Thank you, Senator Krueger.
The question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT FLANAGAN:All those in favor of the resolution please raise your hands.
(Raise of hands.)
ACTING PRESIDENT FLANAGAN:All those in opposition please raise your hands.
(Raise of hands.)
ACTING PRESIDENT FLANAGAN:The Clerk will announce the results.
THE SECRETARY:Ayes, 36.
ACTING PRESIDENT FLANAGAN:Senator Libous, the resolution is adopted.
Senator Skelos, I would ask that you now rise and state for the record that you are in fact the Republican Conference leader.
SENATOR SKELOS:Yes, I have been elected by my colleagues as Republican Conference leader.
ACTING PRESIDENT FLANAGAN:Thank you. Congratulations.
(Extended applause.)
ACTING PRESIDENT FLANAGAN:Let the record and the applause reflect the fact that Senator Skelos is the Republican Conference leader.
Senator Klein, I would ask that you rise and state for the record that you are the Independent Democratic Conference leader.
SENATOR KLEIN:Mr. President, I am the Independent Democratic Conference leader.
ACTING PRESIDENT FLANAGAN:Congratulations, and thank you.
(Extended applause.)
ACTING PRESIDENT FLANAGAN:Let the record as well reflect the fact that Senator Klein is the Independent Democratic Conference leader.
And Senator Stewart-Cousins, I would ask that you rise and state for the record that you are in fact the Democratic Conference leader.
SENATOR STEWART-COUSINS:Yes, I am the Democratic Conference leader.
(Extended applause.)
ACTING PRESIDENT FLANAGAN:Let the record reflect as well that Senator Stewart-Cousins is the duly elected leader of the Democratic Conference.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
I believe I have a resolution at the desk, and I would ask that the title be read and we move for its immediate adoption.
ACTING PRESIDENT FLANAGAN:The Secretary will read the resolution.
THE SECRETARY:Senate Resolution by Senators Libous and Valesky, providing for the election of Dean G. Skelos and Jeffrey D. Klein as alternating Temporary President of the Senate for the years 2013-2014.
ACTING PRESIDENT FLANAGAN:Senator Gianaris, why do you rise?
SENATOR GIANARIS:Mr. President, I believe there's a substitute resolution at the desk. I ask that the title be read and move for its immediate adoption.
ACTING PRESIDENT FLANAGAN:The Secretary will read the resolution.
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT FLANAGAN:Senator Libous.
SENATOR LIBOUS:On unanimous consent, we will allow the substitute resolution to be read.
ACTING PRESIDENT FLANAGAN:On unanimous consent, the resolution will be read.
THE SECRETARY:Senate Resolution by Senator Gianaris, providing for the election of Senator Andrea Stewart-Cousins as Temporary President and Majority Leader of the Senate for 2013-2014.
ACTING PRESIDENT FLANAGAN:Senator Gianaris, I assume that you would like to be heard on this resolution.
SENATOR GIANARIS:I would, Mr. President. Thank you very much.
ACTING PRESIDENT FLANAGAN:Senator Gianaris.
SENATOR GIANARIS:This resolution contains a historic nomination. As it is a day of unprecedented activity in this chamber, we should have one more. And that is for the first time in the history of New York State, a woman is being nominated to be a legislative leader in this chamber.
(Sustained applause.)
SENATOR GIANARIS:And while that is certainly noteworthy and cause for the applause we just heard, let's be clear: This is no ordinary woman that's being nominated here.
(Applause.)
SENATOR GIANARIS:Senator Andrea Stewart-Cousins has a distinguished career not only here as a colleague in the State Senate, but throughout her life, which started with humble beginnings and saw her rise to be a tremendous leader in New York State government.
Among her background she's served as a teacher, showing that tremendous love she has in caring for the youth of our state, as well as a journalist, which we will try not to hold against her.
(Laughter.)
SENATOR GIANARIS:But her work as a public servant is what stands out the most, not only here in the Senate but as a member of the Westchester County Legislature. She has been a champion of human rights, living wage laws, smoke-free workplaces, prosecuting predatory lenders, tax cuts for seniors and veterans, and perhaps most timely and most importantly as we stand here today, a leader in toughening the gun laws of our state.
It is a great honor for me to have the opportunity to place her name in nomination to be the Temporary President of this body. And I would ask all my colleagues in this chamber to recognize the historic nature of this nomination and vote to elect Andrea Stewart-Cousins Temporary President of the Senate. Thank you.
(Applause.)
ACTING PRESIDENT FLANAGAN:The question is on the substitute resolution offered by Senator Gianaris. All those in favor of that resolution --
SENATOR GIANARIS:Show of hands, Mr. President.
ACTING PRESIDENT FLANAGAN:-- with a show of hands, signify by raising your hands.
(Show of hands.)
ACTING PRESIDENT FLANAGAN:All those opposed.
(Show of hands.)
ACTING PRESIDENT FLANAGAN:The substitute resolution is defeated.
Announce the results.
THE SECRETARY:Ayes, 26.
ACTING PRESIDENT FLANAGAN:Senator Libous, your resolution is before the house.
SENATOR LIBOUS:Thank you, Mr. President.
SENATOR GIANARIS:Mr. President -- I'm sorry.
SENATOR LIBOUS:Go ahead, Senator.
SENATOR GIANARIS:I would like to make a motion to divide the question contained in this resolution into two separate resolutions.
ACTING PRESIDENT FLANAGAN:Senator Gianaris, your motion is out of order. This is a privileged question before the house, and there are no subsidiary motions.
Senator Libous.
SENATOR GIANARIS:I would like to appeal the decision of the chair and be given a brief opportunity to explain my appeal.
ACTING PRESIDENT FLANAGAN:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
Through custom and tradition in this house, we have referred to authorities to dictate the procedures of this house. One of the -- in fact, the main authority we've used has been Mason's Manual of Legislative Procedure. It is particularly authoritative in this case because we have rules that were adopted only moments ago that many of us have not had a chance to review.
Mason's is very clear that when more than one question is contained in a resolution that any member may call for its division so that each question may be voted upon separately without being compelled to accept matters embraced in other parts of the measure.
In fact, Section 313, subdivision 3 of Mason's specifically addresses the exact type of resolution that is before us at this moment. And it says wherever there are several names contained in a question, they must on demand be put to a vote separately.
In this case we have two names in nomination on this resolution to be elected to one position. It seems like it's something very specifically contemplated by Mason's and something that, on the demand of any member, should be separated into two separate votes.
I as a member of this body make such a demand, Mr. President.
ACTING PRESIDENT FLANAGAN:The question is on the appeal of the ruling of the chair.
Senator Gianaris, I don't want to make any assumptions, but I assume you would want a hand vote as well?
SENATOR GIANARIS:Yes, please.
ACTING PRESIDENT FLANAGAN:Those in favor of overruling the chair signify by raising your hands.
(Show of hands.)
ACTING PRESIDENT FLANAGAN:Those opposed?
(Show of hands.)
ACTING PRESIDENT FLANAGAN:The Clerk will announce the results.
THE SECRETARY:Ayes, 26.
ACTING PRESIDENT FLANAGAN:The Chair is sustained.
Senator Libous, your resolution is before the house.
SENATOR LIBOUS:Thank you, Mr. President.
ACTING PRESIDENT FLANAGAN:Senator Libous, the title has been read and the resolution is before the house.
SENATOR LIBOUS:Thank you, Mr. President.
I stand to speak on this historic resolution, something that's never been done in this chamber before, to set up what we have as not only a coalition government but the Temporary President in the names of Dean Skelos and Jeff Klein.
I want to speak about Dean Skelos. And, Mr. President, I want to state that at no time shall more than one of the coalition leaders, Senator Skelos or Senator Klein, serve as Temporary President.
For the last several years, Senator Skelos has led this house and our conference. He has because a very dear friend to me and to everyone in the Republican Conference.
During very difficult times over the last two years he has showed his leadership by working with the Democratic Governor and helping this state move forward by getting two early on-time budgets, budgets without tax increases, changing the direction, the fiscal direction of the state, protecting our children, and doing so many things that this state had needed for so, many years and such a long time.
It's because of his leadership of this conference that we have moved this state in a position where we can continue to move forward and do great things. Senator Skelos possesses the leadership quality that a Temporary President should have in leading this body in a coalition government, a new coalition government. That's something that I think we are all very excited to see move forward.
So, Mr. President, it is indeed an honor for me to speak on this resolution to support my friend and colleague, Republican leader Dean Skelos and Temporary President of the Senate. And I would hope that all the members would join me unanimously in supporting this resolution.
ACTING PRESIDENT FLANAGAN:Thank you, Senator Libous.
The Chair recognizes Senator Valesky.
SENATOR VALESKY:Thank you, Mr. President.
First of all, I certainly want to assure anyone who may have questions on this resolution that at no time shall more than one of the coalition leaders, Senator Klein and Senator Skelos, serve in the capacity as Temporary President. I think that's fairly clear if you read the resolution. But for the record, that is certainly the case.
I have been privileged to serve now in the State Senate for eight years. And eight years ago, then-Assemblyman Jeff Klein and I were on the ballot together running for the State Senate. And eight years ago this month, when he and I arrived with a number of other colleagues -- Senator Savino as well, and many others here today -- as part of the Class of 2005, I had an opportunity and continue to have an opportunity to work on a daily basis with Senator Klein.
I've got to know him, I've got to develop a close personal friendship with him. And those of you who know Senator Klein, who have worked with Senator Klein in one capacity or another either here in this Senate, previously in his career in the State Assembly, or in his many other roles, know without a doubt of the tremendous tenacity that Jeff Klein has on behalf of public service.
No one in this chamber, as hard as we all work, I am convinced that no one in this chamber works harder on behalf not only of his constituents but of all of the people, all 19.5 million people in New York State. There is not a moment that goes by that Senator Klein does not have the best interests of the people of this state in mind.
And for that reason, Mr. President, I am incredibly proud and honored to be able to speak on behalf of this resolution and on behalf of Senator Klein, who is truly a statewide leader in this great Empire State.
Thank you.
ACTING PRESIDENT FLANAGAN:Thank you, Senator Valesky.
The question is on the resolution. By a show of hands, all those in favor of the resolution raise your hands, please.
(Show of hands.)
ACTING PRESIDENT FLANAGAN:All those opposed, please raise your hands.
(Show of hands.)
ACTING PRESIDENT FLANAGAN:The Clerk will announce the results.
THE SECRETARY:Ayes, 36.
ACTING PRESIDENT FLANAGAN:Senator Skelos, Senator Klein, congratulations. I ask that you come forward so that we may properly swear you in.
(Applause.)
ACTING PRESIDENT FLANAGAN:For the record, Senator Libous, I left out a very salient point. The resolution is adopted.
(Laughter.)
ACTING PRESIDENT FLANAGAN:Senator Skelos is joined by his beautiful wife Gail, his father, his son Adam, and the future Majority Leader of the New York State Senate, the new Dean Skelos.
(Laughter.)
ACTING PRESIDENT FLANAGAN:Senator Skelos will be sworn in by the Honorable Peter Skelos, his brother.
JUDGE PETER SKELOS:Raise your right hand and repeat after me:
I -- state your full name --
SENATOR SKELOS:I, Dean G. Skelos --
JUDGE PETER SKELOS:-- do solemnly swear --
SENATOR SKELOS:-- do solemnly swear --
JUDGE PETER SKELOS:-- that I will uphold the Constitution of the United States of America --
SENATOR SKELOS:-- that I will uphold the Constitution of the United States of America --
JUDGE PETER SKELOS:-- and the Constitution of the great State of New York --
SENATOR SKELOS:-- and the Constitution of the great State of New York --
JUDGE PETER SKELOS:-- and I will faithfully discharge --
SENATOR SKELOS:-- and that I will faithfully discharge --
JUDGE PETER SKELOS:-- the duties of the office of Temporary President Pro Tem of the Senate of the State of New York --
SENATOR SKELOS:-- the duties of the office of Temporary President Pro Tem of the State Senate of the State of New York --
JUDGE PETER SKELOS:-- to the best of my ability --
SENATOR SKELOS:-- to the best of my ability --
JUDGE PETER SKELOS:-- so help me God.
SENATOR SKELOS:-- so help me God.
JUDGE PETER SKELOS:Congratulations.
(Applause.)
ACTING PRESIDENT FLANAGAN:Senator Klein, will you please join the Honorable Peter Skelos.
JUDGE PETER SKELOS:Please raise your right hand and repeat after me:
I, state your full name --
SENATOR KLEIN:I, Senator Jeff Klein --
JUDGE PETER SKELOS:-- do solemnly swear --
SENATOR KLEIN:-- do solemnly swear --
JUDGE PETER SKELOS:-- that I will uphold the Constitution of the United States of America --
SENATOR KLEIN:-- that I will uphold the Constitution of the United States of America --
JUDGE PETER SKELOS:-- and the Constitution of the great State of New York --
SENATOR KLEIN:-- and the Constitution of the great State of New York --
JUDGE PETER SKELOS:-- and that I will faithfully discharge --
SENATOR KLEIN:-- and I will faithfully discharge --
JUDGE PETER SKELOS:-- the duties of the office --
SENATOR KLEIN:-- the duties of the office --
JUDGE PETER SKELOS:-- of Temporary President Pro Tem --
SENATOR KLEIN:-- of Temporary President Pro Tem --
JUDGE PETER SKELOS:-- of the Senate of the State of New York --
SENATOR KLEIN:-- of the Senate of the State of New York --
JUDGE PETER SKELOS:-- to the best of my ability --
SENATOR KLEIN:-- to the best of my ability --
JUDGE PETER SKELOS:-- so help me God.
SENATOR KLEIN:-- so help me God.
JUDGE PETER SKELOS:Congratulations.
SENATOR KLEIN:Thank you, Judge.
(Applause.)
ACTING PRESIDENT FLANAGAN:Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
I believe there's a resolution at the desk. I ask that the title be read and we move for its immediate adoption.
ACTING PRESIDENT FLANAGAN:The Secretary will read.
THE SECRETARY:Senate Resolution by Senators Skelos and Klein, that Francis W. Patience of Latham, New York, be, and he hereby is elected Secretary of the Senate for the years 2013-2014.
ACTING PRESIDENT FLANAGAN:The question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT FLANAGAN:Those opposed, nay.
(No response.)
ACTING PRESIDENT FLANAGAN:The resolution is adopted.
(Applause.)
ACTING PRESIDENT FLANAGAN:Judge Skelos, before you do your work, I have an obligation and a privilege to state for the record that Francis W. Patience has been elected Secretary of the Senate for the years 2013-2014.
And I am so happy for you, Frank. Congratulations.
Frank is joined by his brother Russell today.
JUDGE PETER SKELOS:Please state your full name: I --
MR. PATIENCE:I, Francis W. Patience --
JUDGE PETER SKELOS:-- do solemnly swear --
MR. PATIENCE:-- do solemnly swear --
JUDGE PETER SKELOS:-- that I will uphold the Constitution of the United States of America --
MR. PATIENCE:-- that I will uphold the Constitution of the United States of America --
JUDGE PETER SKELOS:-- and the Constitution of the great State of New York --
MR. PATIENCE:-- and the Constitution of the great State of New York --
JUDGE PETER SKELOS:-- and that I will faithfully discharge --
MR. PATIENCE:-- and that I will faithfully discharge --
JUDGE PETER SKELOS:-- the duties of the office --
MR. PATIENCE:-- the duties of the office --
JUDGE PETER SKELOS:-- of Secretary of the Senate of the State of New York --
MR. PATIENCE:-- of Secretary of the Senate of the State of New York --
JUDGE PETER SKELOS:-- to the best of my ability --
MR. PATIENCE:-- to the best of my ability --
JUDGE PETER SKELOS:-- so help me God.
MR. PATIENCE:-- so help me God.
JUDGE PETER SKELOS:Congratulations.
(Applause.)
ACTING PRESIDENT FLANAGAN:Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
I believe there's another resolution at the desk. I would ask that its title be read and we please move for its immediate adoption.
ACTING PRESIDENT FLANAGAN:The Secretary will read.
THE SECRETARY:Senate Resolution by Senators Klein and Skelos, that George R. Federoff be, and he hereby is elected Sergeant-at-Arms of the Senate for the years 2013-2014.
ACTING PRESIDENT FLANAGAN:The question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT FLANAGAN:Opposed, nay.
(No response.)
ACTING PRESIDENT FLANAGAN:The resolution is adopted.
Let the record reflect that Mr. George Federoff has been elected Sergeant-at-Arms for the Senate for the years 2013-2014.
Mr. Federoff, congratulations.
(Applause.)
ACTING PRESIDENT FLANAGAN:Senator Libous.
SENATOR LIBOUS:Mr. President, in the spirit of moving right along, there is another resolution at the desk. If I could please have you read its title and move for its immediate adoption.
ACTING PRESIDENT FLANAGAN:The Secretary will read.
THE SECRETARY:Senate Resolution by Senators Skelos and Klein, that Catherine Kirkland be, and she hereby is elected the Official Stenographer of the Senate for the years 2013-2014.
ACTING PRESIDENT FLANAGAN:The question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT FLANAGAN:Opposed, nay.
(No response.)
ACTING PRESIDENT FLANAGAN:The resolution is adopted.
And let the record reflect that Ms. Catherine Kirkland is the Stenographer for the State Senate for the years 2013-2014.
Congratulations.
(Applause.)
ACTING PRESIDENT FLANAGAN:Senator Libous.
SENATOR LIBOUS:It's the toughest job in the chamber, Mr. President, to listen to all of us.
(Laughter.)
SENATOR LIBOUS:There is another resolution at the desk, and I ask that its title be read and we move for its immediate adoption.
ACTING PRESIDENT FLANAGAN:The Secretary will read.
THE SECRETARY:Senate Resolution by Senators Skelos and Klein, providing for the hours of meeting by the Senate for the years 2013-2014.
ACTING PRESIDENT FLANAGAN:The question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT FLANAGAN:Those opposed, nay.
(No response.)
ACTING PRESIDENT FLANAGAN:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Mr. President, I believe there's another resolution at the desk. At this time could we have the title read and move for its immediate adoption.
ACTING PRESIDENT FLANAGAN:The Secretary will read.
THE SECRETARY:Senate Resolution by Senators Skelos and Klein.
"RESOLVED, That the Temporary President appoint a Committee of three to inform the Governor that Dean G. Skelos and Jeffrey D. Klein have been elected Temporary President of the Senate for alternating terms for the years 2013-2014, and that the Senate is organized and ready to proceed to the Governor's Message."
ACTING PRESIDENT FLANAGAN:The question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT FLANAGAN:Opposed, nay.
(No response.)
ACTING PRESIDENT FLANAGAN:The resolution is adopted.
Senators Marchione, Carlucci and O'Brien are appointed to wait upon the Governor to inform him that the Senate is now ready to proceed.
Senator Libous.
SENATOR LIBOUS:Mr. President, there I believe is one more resolution at the desk. And I would ask that its title be read and we move for its immediate adoption.
ACTING PRESIDENT FLANAGAN:The Secretary will read.
THE SECRETARY:Senate Resolution by Senators Skelos and Senator Klein.
"RESOLVED, That the Temporary President appoint a Committee of three to wait upon the Assembly and inform that body that Dean G. Skelos and Jeffrey D. Klein have been elected Temporary President of the Senate for alternating terms for the years 2013-2014, and that the Senate is assembled and ready to proceed to the Governor's Message."
ACTING PRESIDENT FLANAGAN:The question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT FLANAGAN:Opposed, nay.
(No response.)
ACTING PRESIDENT FLANAGAN:The resolution is adopted.
Senators Boyle, Smith and Latimer are appointed to wait upon the Assembly to inform them that the Senate is ready to proceed.
I am so happy to recognize our colleagues from the New York State Assembly, Assemblyman Farrell and Assemblyman Oaks, and we pray that you have good news for us.
ASSEMBLYMAN FARRELL:Yes, we do. Mr. Oaks and I are delighted to inform you that the Assembly has elected Sheldon Silver as Speaker of the New York State Assembly and that we are organized and ready to proceed with business.
Is that correct, Mr. Oaks?
ASSEMBLYMAN OAKS:It is.
(Laughter.)
ACTING PRESIDENT FLANAGAN:Gentlemen, thank you very much.
Senator Libous, at this time I'm going to recognize Senator Stewart-Cousins for remarks.
Senator Stewart-Cousins.
SENATOR STEWART-COUSINS:Thank you, Mr. President.
And I just want to congratulate my colleague Senator Skelos. I look forward to working with you. And Senator Klein, really an honor to be part of, as you said, a historic day and a historic movement forward.
I also want to recognize certainly all of the new members. But I think we just lost one of -- two of our new members. But just to let everyone know who our new Senators here are on the Democratic side, I'd like to recognize Senator Terry Gipson from the Hudson Valley.
(Applause.)
SENATOR STEWART-COUSINS:Senator Brad Hoylman, from Manhattan.
(Applause.)
SENATOR STEWART-COUSINS:My Westchester neighbor, Senator Latimer. I guess he's already on his way to the Assembly.
(Applause.)
SENATOR STEWART-COUSINS:And Senator Ted O'Brien, of Rochester, is on his way to the Governor.
(Applause.)
SENATOR STEWART-COUSINS:And Senator James Sanders, of Queens.
(Applause.)
SENATOR STEWART-COUSINS:We are very, very happy, as I said, to welcome all of our new members and certainly to welcome all of our colleagues back for what I am sure will be a wonderful and productive session.
As I stand here at this historic moment, myself having the privilege of being the first woman to lead a conference in the history of the state, three things come to mind.
One, my parents, Beryl and Bob, who aren't with me, but who never had the opportunity to ever aspire to sitting in any of our seats, much less dream that their daughter would be in a position to be a legislative leader in this great state.
And the second thing I think of is because it's New York State, because we have a legacy of leadership, because we are progressive, we are able to take pride in moments like this.
And the third thing I have to say is it's about time. It's about time.
(Laughter; applause.)
SENATOR STEWART-COUSINS:You know, we were able, with the leadership of our Governor, to do really good things. And I know we're all looking forward to his message of what his vision of the session is going forward.
We were able to move our economy, bolster our jobs situation. We were able to show that we could move. But we left a lot of things undone. And I'm sure we're going to hear a lot of the things that were left undone, not only here but at the State of the State.
But it's important, because in this historic moment that is this moment for me and others because of expanded opportunities, the things that we have to do are those things, to expand opportunities.
Obviously we have to get to work on making sure we rebuild after Sandy. We have to make sure that every New Yorker who has been hurt is able to get back on their feet and move on. And we have to make sure, as we continue to push our economy forward, that we understand that there were people who sent us to do things that expand their opportunities.
We need to understand the opportunity for people being safe in New York. We need to get our partisan differences aside and come together on an expansion of how we can move sensible gun laws. Sensible gun laws.
We need to ban assault weapons. We need to, yes, expand opportunities for looking at mental health situations. We need to expand how we look at gun permits and how frequently we look at them. And we need to look at background checks. We need to expand the security in our lives.
And we need also to expand the economy for the lowest-wage workers. We need to raise the minimum wage. We need to make sure that people who are laboring at the very, very lowest rung understand that they are part of an economy in New York that includes them. We need to raise the minimum wage.
We need to make sure that we are expansive on women's health options, that we don't lose our rights to decide in personal matters. And we need to make sure that women are actually paid equally. We need to pass pay equity.
We need to expand the opportunities for the Dreamers, these kids who are here, brought here, no fault of their own. Giving so much, having so much more to give. We need to expand those opportunities for them.
We need to make sure that as we look at our environment we expand the safety measures for our drinking water, for our environment. We need to make sure as we grow our economy that we don't get smaller.
We talked about the rules, we talked about rules taking back resources, taking back opportunities for us to serve really transparently, making it harder to move an agenda. This is a moment, my colleagues, of an opportunity to expand, to expand what is going to happen in this unprecedented power sharing, where someone different will be doing different things every day.
It all works well if, while we are moving forward in our leadership, we're remembering the people of New York expect us to be progressive and to expand their opportunities on every level, and that the only history that's going to make a difference in New York State after all of these historic moments is the great history that we write for the people we represent.
This conference stands ready to work with all of our partners. Let's get it done.
Thank you.
(Standing ovation.)
ACTING PRESIDENT FLANAGAN:Thank you, Senator Stewart-Cousins.
The Chair recognizes Senator Klein.
SENATOR KLEIN:Thank you very much, Mr. President. Thank you to my Republican colleagues, my IDC colleagues, my Democratic colleagues.
As we come together today, we usher in not just a new year and a new legislative session but in many ways a new chapter in the revolutionary history of New York State. Today we make a commitment that has never been made before in the more than two centuries that the New York State Legislature has been in existence.
By formalizing and establishing a first-of-its-kind coalition governing model, we humbly acknowledge that our sum is greater than our parts, and we send a clear message to the residents of our great state that what really matters is not where you choose to sit in this chamber but whether you are willing to get things done.
I want to thank my colleague Senator Dean Skelos for having the courage and foresight to undertake this unprecedented effort. Senator, I know you, like I, are committed to delivering major bipartisan results for all New Yorkers.
As we clearly saw today, we have another historic first, the first ever woman leader of a Senate conference, Senator Andrea Stewart-Cousins.
Senator, we've worked together on many vital issues in the past, including foreclosure prevention, property tax relief. And I look forward to the productive work we will continue to do in the weeks and months ahead together on behalf of all New Yorkers.
I believe most of you would agree that these changes are a significant sign of the times. From this day forward it is no longer acceptable to dig in your heels in personal political combat at the expense of the welfare of hardworking taxpayers of this state.
Coalition governing by its very nature is an inclusive endeavor, not an exclusive one. I have no doubt that our promise to create this historic bipartisan governing model will be the vehicle by which we can continue to build on the tremendous progress we have achieved in the past two years and the road that will lead us to even more results for all New Yorkers.
This new year brings us a tremendous opportunity to show New Yorkers that we can govern in a practical, sensible, balanced way with a spirit of cooperation. It means recognizing that negotiation is not a dirty word but rather a necessary element of meaningful dialogue.
Working with Governor Cuomo and our counterparts in the Assembly, I am confident that major progressive reforms will be discussed and debated this session -- among them, an increase to the minimum wage, decriminalization of the open possession of minute amounts of marijuana, and opening up educational opportunity for all New Yorkers. I am also confident we will see these important pieces of legislation passed.
Let's be clear. The economic, social and civic challenges of today call for us to focus on what really matters, and that means the positive, meaningful and lasting impact we can have on the lives of millions of New Yorkers. By working together in a bipartisan fashion, we vow to remain focused on what these issues are really about.
What the fight to raise the minimum wage is really about is allowing millions of hardworking New Yorkers across the state to receive a paycheck they can actually live on. And it is not only a moral imperative but an economic incentive for New York State.
When we talk gun control, we aren't talking about taking away anyone's rights but securing the right of all New Yorkers to live in a safe and free society.
We must also ensure that time and resources and energy are committed to directing and rebuilding efforts in the wake of Superstorm Sandy. The bipartisan Senate task force we've created will work to remove roadblocks to recovery and focus in on developing meaningful legislation aimed at disaster prevention and protection in order to put all New Yorkers on solid ground in the event of any further future natural disaster.
As we work to relieve unnecessary and burdensome regulations on small business, we are not encouraging business owners to cut corners but instead creating the conditions that will get New York working again. In the past three years, 794 new rules and regulations were proposed by state entities, and nearly 95 percent of them were adopted. On average, our small businesses around our state are being buried under more than a hundred new regulations each year.
As many of you may know, I am a second-generation American with grandparents who arrived in the Bronx from Poland and Hungary before the Second World War. My grandparents were able to provide for their families through small business efforts and entrepreneurial efforts and in turn afforded me, their first grandchild, to have a solid and secure upbringing, attending public schools in the Bronx.
I was the first in my family to attend graduate school, college, law school. It was not only a goal I had for myself but a dream my family carried for me. The issue of implementing the New York DREAM Act is a dear one to me, and I believe we should not get twisted into a debate about immigration but recognize that no one, no one has the right to stand in the way of someone else's education.
We will pass the DREAM Act by utilizing revenue generated from the legalization of casino gambling to supplement TAP, and thus providing a pathway to make this possible.
Let's be clear. What the New York DREAM Act is really about is enriching the next generation of our workforce by removing obstacles for hundreds of young New Yorkers to pursue a higher education and, in a New York tradition, be an inspiration for generations that come after them.
For centuries New Yorkers have served as an inspiration and garnered the admiration of others around the globe. Our diverse communities are a microcosm of the world, and no matter your ethnicity, economic status, cultural tradition or background, it is here that you get a fair shot.
Our soil has been the birthing ground for entrepreneurs, icons, social activists, sports legends, famous artists, musicians, writers and, yes, future presidents. We must celebrate our diversity, we must champion the rights of all. And the only way we will move forward is by moving forward together.
From the Alleghenies to the Adirondacks, from the Mohawk Valley to Montauk, from the Catskills to Alphabet City, we may lead different lives and have diverse needs, but we all possess an indomitable spirit, a belief that tomorrow will be better, and a sense that we're all in this together that has led us through the earliest hours of the struggle for independence on the Saratoga Battlefield to the darkest days of horrific tragedy and loss of September 11th and, most recently, Superstorm Sandy.
When we get knocked down, we get back up. When we are tested, we rise to the challenge. And when we are told something cannot be done, we respectfully respond with a "Yes, it can. This is New York."
We are a state of greatness filled with generous, strong, talented and kind people who deserve a government that creates sensible laws to protect them, common-sense policies to support them, and broad opportunities that uplift them.
And to my Senate colleagues, to the Governor, and to all New Yorkers within earshot, I say this. New York is a state that leads the way, bucks the trends, takes chances and never gives up on what some may consider the impossible. What we've learned from our history is that what many often consider to be revolutionary in one generation becomes routine in the next.
New York, we stand ready to meet your challenges, to fight for your dreams, to champion your causes and alleviate your concerns. We stand ready to be judged by our record of results and not just our rhetoric. We know that if we are to advance our communities and our citizenry, inclusion is the only way by which we'll get there.
A great state like New York deserves a extended period of stability and a sensible and smart government. We stand at the threshold of the government of the future, and it is up to us to take up the mantle.
Thank you, Mr. President.
(Standing ovation.)
ACTING PRESIDENT FLANAGAN:Thank you, Senator Klein.
The Chair recognizes Senator Skelos.
SENATOR SKELOS:Thank you, Mr. President.
Welcome back to all the members. And to all the new members on this side of the aisle, we welcome you.
And to our new members -- I think some of them are talking to the Assembly or to the Governor, but we have Senator Kathy Marchione. Former Assemblyman who's back, Senator Phil Boyle, we welcome you. And Simcha Felder, Senator Simcha Felder, we welcome you.
(Applause.)
SENATOR SKELOS:All of you have worked hard, and you'll be great additions to the Senate.
I also want to congratulate Senator Stewart-Cousins on being elected Democrat Conference leader. We've worked well together in the past, and there's no reason at all why we cannot work together to move this state forward. The campaigns are over and now it's time for governing.
And certainly this is going to be an interesting two years for the State Senate. We have made history today. For the first time in the history of this body, the Senate will not be run exclusively by Republicans or Democrats. Instead, our chamber will be led by a new bipartisan governing coalition.
Senate Republicans are looking forward to working with our partners in the Independent Democrat Conference, led by Senator Jeff Klein.
Senator Klein and I have forged a strong partnership and friendship. We're not at the point of being called twins yet, but we're getting there.
(Laughter.)
SENATOR SKELOS:But he is, as you could hear from his remarks, an outstanding serious legislator who cares deeply about working to improve the lives of everyone in our state.
Our coalition is a natural extension of the partnership we've built over the last two years that enabled us to put New York back on the right track. Working with the IDC and with Governor Cuomo, we were able to cut spending and taxes, two early budgets, a lower-middle-class tax cut, expanding the DNA databank, helping businesses create jobs, eliminated the payroll tax for most small business.
And we eliminated the huge deficits, which I think is critically important, without raising taxes. Unlike Washington, our state government is functioning.
In 2013 we will build on our record by passing tough new laws to increase public safety, controlling spending and cut taxes, and encouraging businesses to create more jobs.
As we prepare to receive the Governor's State of the State message, let's take our inspiration from the people who responded bravely in the face of Hurricane Sandy and are responding again to help build these devastated communities.
I'd like to thank Bishop Murphy -- I think he may be on his way over to the session for his opening prayer.
I want to acknowledge the fact that two years ago I said my father was here, 90 years old and still working. He is here today, almost 92 and still working. So, Dad --
(Applause.)
SENATOR SKELOS:My wife Gail, for being just a strong supporter of what is a very difficult and challenging profession.
All of my family members that are here -- brothers, sisters, nieces, nephews -- supporters.
But I want to also acknowledge my son Adam and his wife Ann Marie. And to me, even more special, acknowledging the fact that I now have a grandson. His name is Dean.
(Laughter.)
SENATOR SKELOS:And I'm a bit older than the Governor, but I said to him "There will always be a Dean Skelos in your life as you move through it."
(Laughter.)
SENATOR SKELOS:But what is really significant to me is the fact when I was standing there and my brother was swearing me in and my grandson Dean being held by my son, when I was first sworn into the Senate, my mom held the Bible and I held my son Adam.
So life is good. Life is special. I think we should all remember that. And at this time I think it's appropriate -- I know you have some closing things to say -- totally appropriate to go and listen to the Governor's State of the State.
Thank you very much.
(Standing ovation.)
ACTING PRESIDENT FLANAGAN:Senator Libous.
SENATOR LIBOUS:Mr. President, is there any further business at the desk?
ACTING PRESIDENT FLANAGAN:Senator Libous, there is no further business at the desk.
SENATOR LIBOUS:Mr. President, there being no further business, I move that we adjourn until Monday, January 14th, at 3:00 p.m., intervening days being legislative days.
We will now proceed to the Empire State Plaza Convention Center for the Governor's State of the State address.
ACTING PRESIDENT FLANAGAN:On motion, the Senate stands adjourned until Monday, January 14th, at 3:00 p.m., intervening days being legislative days.
(Whereupon, at 1:33 p.m., the Senate adjourned.)