Monday, May 11, 2015

We pray today, although it is Haitian Unity Day, we pray for our momentous leadership change, and we ask that this be a new day and a new dawning for our Senate. We ask that we can move forward from the corruption and the problems of the past, and let bygones be bygones, but work to work hand-in-hand across the aisle and so we can work as one for this great state, the Empire State, and for this great country, our country, the United States of America.

And every single Haitian that is here present, let us all be proud that we have come to this land and found opportunity, and that we have found love and we have found a calling.

We pray in the name of our Savior, amen. Amen.

ACTING PRESIDENT GRIFFO:The reading of the Journal.

THE SECRETARY:In Senate, Friday, May 8th, the Senate met pursuant to adjournment. The Journal of Thursday, May 7th, was read and approved. On motion, Senate adjourned.

ACTING PRESIDENT GRIFFO:Without objection, the Journal will stand approved as read.

Presentation of petitions.

Messages from the Assembly.

Messages from the Governor.

Reports of standing committees.

Reports of select committees.

Communications and reports of state officers.

Motions and resolutions.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Mr. President, there is a resolution by Senator -- me at the desk, and I ask that the resolution be read and move for its immediate adoption.

ACTING PRESIDENT GRIFFO: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 I move for its immediate adoption and ask for the opportunity to be heard.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Senate Resolution by Senator Gianaris, providing for the election of Andrea Stewart-Cousins as Temporary President and Majority Leader of the Senate for 2015-2016.

ACTING PRESIDENT GRIFFO:Senator Gianaris.

SENATOR GIANARIS:Thank you, Mr. President.

I offer the substitute resolution for the purposes of electing Andrea Stewart-Cousins the Temporary President of the Senate for the remainder of our 2015-2016 session.

And normally the election of a new leader in this body is cause for celebration and congratulations. But today is not that day. And while we certainly wish well to our expected new leader and commit ourselves from this side of the aisle to working across the aisle for the betterment of the state, it's also important to note that this is a sad occasion today, where this body is taking a necessary step, but only a step.

We should not forget what brought us here, and we should not forget what we need to do in the remaining weeks -- indeed, in the remaining year and a half before this session is out.

Everybody knows why we're standing here today. And we have much to do to restore the reputation of this body. What we should be electing as leader is someone who supports real ethics reform, real campaign finance reform, closure of the LLC loophole. Someone who stands for our public schools and for the children who attend those schools. Someone who stands for the tenants in our state and not only for the monied interests.

I am proud to stand here and nominate Andrea Stewart-Cousins because I know her to be that person, someone who in her personal life has unquestioned integrity, someone who as a leader has taken our conference to heights that it has not seen before.

And I think members on both sides of the aisle can agree that she would be a very capable and able leader for all of us, regardless of our party, our race, our gender, or any of the various differences we may have in this state.

And so I thank my colleagues for the opportunity to substitute the resolution and encourage everyone to support Andrea Stewart-Cousins to be the Temporary President.

ACTING PRESIDENT GRIFFO:On the substitution of the resolution offered by Senator Gianaris, all those in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed, nay.

(Response of "Nay.")

ACTING PRESIDENT GRIFFO:The nays have it, and the resolution is defeated.

Senator Valesky.

SENATOR VALESKY:Thank you, Mr. President.

I believe there's another substitute resolution at the desk. I ask that the title of the resolution be read and move for its immediate adoption.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Senate Resolution by Senator Valesky, providing for the election of Jeffrey D. Klein as Temporary President and Majority Leader of the Senate for 2015-2016.

ACTING PRESIDENT GRIFFO:You may be heard.

SENATOR VALESKY:Thank you, Mr. President.

It was not so many years ago that the Senate of the State of New York became known across the nation for dysfunction, for chaos, for an inability to get the business of the people done.

And very shortly after that tumultuous period in our state's history, Senator Klein and myself and a handful of other Democratic Senators came together in a new way, in a way that had never been done before in this State Capitol, to change the status quo, to break with tradition, to say that there can be a better way for the 20 million people of New York State and for their government to get their business done.

And in January of 2011, we elected as our leader of the Independent Democratic Conference Senator Jeff Klein.

Senator Klein and I had been friends and colleagues for many years before that, and I had come to know Jeff as one of the most hardworking, dedicated public servants that I had ever met, whether it be for his constituents in his own Senate district or well beyond the district boundaries.

And in the four-plus years that we have had an opportunity to work together, Senator Klein, myself, and three other members of the Independent Democratic Conference, we have played a critical and significant role in bringing about stability to a Senate that had been known for instability, bringing about order to a Senate that had become known for chaos.

And so as I proudly stand here today and offer this substitute resolution, it has been Senator Klein and it will continue to be Senator Klein, through his leadership of the Independent Democratic Conference, that stands for sensible government, a government that works for the people.

And for that reason, I encourage an aye vote for Senator Jeff Klein as Temporary President.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:On the substitute resolution offered by Senator Valesky, all those in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(Response of "Nay.")

ACTING PRESIDENT GRIFFO:The nays have it. The resolution is defeated.

On the original resolution as proposed, the Secretary will read.

THE SECRETARY:Senate Resolution by Senator DeFrancisco, providing for the election of John J. Flanagan as Temporary President of the Senate for the remainder of the 2015-2016 session.

ACTING PRESIDENT GRIFFO:Senator DeFrancisco.

SENATOR DeFRANCISCO: I move the nomination of Senator John Flanagan.

I just want to say a few things.

There's no doubt that I had sought support from the Senators to try to become the next leader. And I said from day one, as long as Dean Skelos is leader, I'm not in any way going to indicate what is going to happen thereafter. And I didn't, because I didn't know.

And we had an open discussion. There was no indication of any hard feelings by one against the other or among the Senators. And I can tell you, although we may have had different followers when we started this process, we don't have different followers thereafter. We all follow John Flanagan.

And we'll do it as a unit, because we in our conference are doing the right thing in making government affordable and trying to bring jobs to our communities. And to make sure the right decisions are made, not the ones that necessarily are the most popular.

I also want to just add, while all of you are sleeping in your beds, John Flanagan and I have been for many years working out at the gym. And to some of you, I believe it would be a good idea that you do the same thing.

(Laughter.)

SENATOR DeFRANCISCO: So I know he's not only a great Senator, he's a great man, and I'm proud to move his nomination.

ACTING PRESIDENT GRIFFO:Thank you, Senator DeFrancisco.

Senator Lanza.

SENATOR LANZA:Thank you, Mr. President.

It is my distinct privilege to second Senator DeFrancisco's motion to elect Senator John Flanagan Temporary President of the Senate.

There's no one smarter, more dedicated, more hardworking in public office in the State of New York. His wisdom is really well beyond his years, although he's not as young as he looks.

He has a firm grasp, as we all know, of the very complex and important issues that matter most to the people of our great state. And because of the work he's done both here in this house and in the Assembly over the years, he really has earned the admiration and respect from both Republicans and Democrats here and from one end of the state to the other.

I can assure you he cares deeply about the institution of the New York State Senate. He cares deeply about this legislative body and the checks and balances that are so important for us to govern and deliver results for the people we represent. With Senator Flanagan as Temporary President of this state, I can assure you that this Senate and our state is in good hands.

And so it is my honor to second the nomination of Senator John Flanagan as Temporary President of the New York State Senate.

ACTING PRESIDENT GRIFFO:Thank you, Senator Lanza.

Senator LaValle.

SENATOR LaVALLE: Thank you, Mr. President.

It gives me great joy, great pride to second the nomination of John Flanagan as our Temporary President.

John Flanagan has great intellect, great energy, and he has a wonderful, wonderful demeanor that brings people together -- not only within our conference, but he probably has traveled this state more than any of our colleagues here, wanting to lend a helping hand, particularly in the area of education.

John, your children are very proud of you. Your mother, Barbara, very proud of you. Your dad, John Flanagan, who served in the Assembly, his buttons are popping today because he could not be more proud of you to not only have followed his footsteps but also to have become the Temporary President of the Senate.

So, Mr. President, it gives me great honor to second this motion.

ACTING PRESIDENT GRIFFO:Thank you, Senator LaValle.

Senator Robach.

SENATOR ROBACH:Yes, Mr. President, let me too rise to second this nomination.

And I would agree with what my colleagues said. Senator Flanagan has always gone a little bit of an extra step, in my opinion, above and beyond his core constituency.

And I can tell you, leading on education issues -- you know, you can't make this up -- people from Rochester and where I live come here and tell me how impressed they are with the scope and breadth of knowledge, whether it's school board people, whether education people, because Senator Flanagan not only meets with his own constituency, but everyone's.

And I won't say -- I know some members don't even meet with their own constituents. This one goes above and beyond and really goes above that.

So I think it does uniquely qualify him for this job, because we are a diverse state, and there's a lot of issues. And you need someone who has a lot of knowledge, energy, and willingness to listen to a lot of people.

And I really feel that we have made a good choice here with Senator Flanagan to be that leader and that person, not only because of who he is but what he's proven he's willing to do through past performance.

So I'm happy to second that nomination, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Robach.

The question is on the resolution. All in favor signify by saying aye.

(Response of "Aye.")

SENATOR GIANARIS:Show of hands, please.

ACTING PRESIDENT GRIFFO:A show of hands has been requested and so ordered.

All those in the affirmative please raise your hand.

(Show of hands.}

ACTING PRESIDENT GRIFFO:Results?

THE SECRETARY:Ayes, 32.

ACTING PRESIDENT GRIFFO:The resolution is passed.

Congratulations, Senator John Flanagan.

(Extended standing ovation.)

ACTING PRESIDENT GRIFFO:Senator Flanagan, I would now ask that you step forward to receive the oath of office as Temporary President of the Senate, to be administered by the Secretary of the Senate, Mr. Frank Patience.

Please come to the center of the chamber.

THE SECRETARY:I, John J. Flanagan --

SENATOR FLANAGAN:I, John J. Flanagan --

THE SECRETARY:-- do solemnly swear --

SENATOR FLANAGAN:-- do solemnly swear --

THE SECRETARY:-- that I will uphold the Constitution of the United States of America --

SENATOR FLANAGAN:-- that I will uphold the Constitution of the United States of America --

THE SECRETARY:-- and the Constitution of the State of New York --

SENATOR FLANAGAN:-- and the Constitution of the State of New York --

THE SECRETARY:-- and that I will faithfully discharge the duties --

SENATOR FLANAGAN:-- and I will faithfully discharge the duties --

THE SECRETARY:-- of the office of Temporary President of the New York State Senate --

SENATOR FLANAGAN:-- of the office of Temporary President of the New York State Senate --

THE SECRETARY:-- to the best of my ability --

SENATOR FLANAGAN:-- to the best of my ability --

THE SECRETARY:-- so help me God.

SENATOR FLANAGAN:-- so help me God.

THE SECRETARY:Congratulations.

(Standing ovation.)

ACTING PRESIDENT GRIFFO:I present to you now the Temporary President and Majority Leader of the New York State Senate, Senator John Flanagan.

SENATOR FLANAGAN:Thank you very much, Mr. President.

And you know, as much as I'm used to speaking in public, you don't always plan for a day like this, you certainly don't expect it, given certain circumstances. But my point is I don't have a lot of things written down, but I do have things that I would like to say.

First, I want to thank Frank Patience, the Secretary of the Senate, who I consider to be a very dear friend. He was kind enough to swear me in, as opposed to swearing at me, which I deeply appreciate.

(Laughter.)

SENATOR FLANAGAN:But he's characteristic of many of the good people that we have working here in the Senate. We're very fortunate in that regard.

I want to thank Tom Libous. I hope everyone continues to pray for his good health. He joined us in conference today via telephone, but he is convalescing in the beautiful sunny atmosphere of Florida, and I know he would like to be here. But please continue to keep him in your prayers. He's a leader in the State of New York, and we miss him.

I want to thank Senator Skelos for decades of public service. This gentleman has devoted his entire adult life to the service of the people of the State of New York. He's done a fantastic job. He's had many, many, many, many legislative accomplishments.

And I'm going to only highlight one, which I happened to mention earlier. Many of our colleagues take credit for the enactment of Megan's Law a number of years ago. The real architect, the real author is this gentleman sitting right here.

(Applause.)

SENATOR FLANAGAN:And for any of you who have been here for the last couple of years, you see a transition. Dean's life came full circle by having grandchildren. He's got that iPad, and for anyone who hangs out with him, he'll talk to you, he'll send you emails and stuff like that, but he'll be like "Look at this, look at this, take a look at these pictures." It's all about his family, and rightfully so. And that's something I respect and admire.

So, Senator Skelos, thank you.

I also want to mention some of our legislative leaders who are here and outside of this chamber.

Senator Klein, you've done a great job on behalf of the IDC, working with our conference and certainly Senator Skelos. I look forward to that continued good, solid working relationship, because Lord knows we have plenty of business to take care of.

Senator Stewart-Cousins, who I have adored really for a long time. She's a lady in every sense of the word. She's an assertive leader on behalf of her conference, advances strong ideas. There are days where we agree, and hopefully there will be a lot more of those than not. But she does a fantastic job on behalf of her conference.

So, Senator Stewart-Cousins, I have already had the pleasure of working closely with you, and I look forward to that in more detail.

Outside of here there is the New York State Assembly. And as Carl Heastie ascended to become the Speaker of the Assembly, I thought, boy, this is a real challenge.

And he's a gentleman. He's well-liked, he's studious, he's being a lot more inclusive in terms of things going on in the Assembly. And I think he's doing well. And that bodes well for the Assembly, and by extension that bodes well for the people of the great State of New York.

So when we look at this, it may be about us individually in our districts, it may be about our individual chambers, but at the end of the day it's about the people of the State of New York and how we treat them.

So Assemblyman Heastie, among many texts -- you can imagine, I got a bunch of texts -- I got a very nice text from him before we came in here today.

I have also had the good fortune and pleasure of working with the Governor, who has worked very, very closely with our conference and Senator Skelos. Governor Cuomo has done many, many, many good things in the State of New York, and I wish him continued success.

And I always say where we are in agreement, we should all stand up and embrace him and applaud his efforts. Where we're not, we have a corresponding ability to say -- and obligation, in my estimation -- to speak to our differences. Diplomatically, cordially, professionally, but with the people's business always in mind.

So that I think is important. I look forward to working with him and have worked on a wide variety of issues that I'm sure now will get even more expansive.

For those who are perhaps outside looking in, I think it's important to take more a panoramic view and not necessarily look at the members who serve here but all the people who happen to be in the back. These are some of the finest people that I have met in my life. These are some of the most dedicated people that you could possibly imagine.

So while there are many times and opportunities where people will denigrate public service and the work that gets done in government, I don't do that. Do we have our problems and our challenges? Yes, we do. But we have an obligation to speak highly and speak well of people who are doing a good job.

So some of the finest people I've met in my entire life serve in government. We need to bring more people in, attract them in, keep them, because that's good for the State of New York.

So to all the staff who work here, on both sides of the aisle, and many people who I know very closely, I want to thank you for the work that you do, what you've done, and where we're going to go thereafter.

Just a couple of things about the state. You know, it's interesting, the Republican Conference gets accused of being sort of monolithic, no diversity, we don't -- you know, we all think alike, we're all cut from a cookie cutter. Just come to one of our conferences and you can see that that is not the way it goes, just as people make suppositions and guesses about what happens in various conferences.

Our conference is diverse, and I'm very happy to say that we have some extraordinarily talented people who are serving in our conference, just as I know it happens in the Democratic Conference. We have seven new members of diverse backgrounds who have added greatly to the skill set and talent pool that we have in our conference, and I'm grateful for all their input and activity.

So we have disparate interests and we have unity of interest. You know, in education, what do people want? Full public funding of education, we want the same opportunities for every kid across the State of New York. And yet we have our differences. There are regional differences that need to be respected.

And I've had conversations with a number of my colleagues upstate, and I want to make it clear to them that I will do everything conceivable to respect our geographic distinctions and recognize that we are one state no matter where the venue may be.

I've been to -- I've been to Chautauqua, Jamestown, Plattsburgh, basically all over, visiting colleagues. Heck, I've even been up in Senator Stewart-Cousins' district, hanging out with her and Senator Latimer, talking about education issues.

So I know what it means to travel. But one of the coolest things about traveling in the State of New York is you get a chance to see how unbelievably great the State of New York is.

Now, I know Senator Gallivan can attest to this. One of my favorite places in the world is Letchworth State Park. It's a hidden jewel. It's called "the Grand Canyon of the East" in upstate New York. Check it out, go there and visit. It's just one small example of the offerings that we have here in the State of New York.

And I think of basic things. The Empire State. I think of our state motto, "Excelsior," "ever upward." Those are things that we should be striving for. And I know that's what we want to do in our conference every day.

So I have listened to a number of my colleagues, and I'm not going to belabor any of these points now. I know what it is to travel, I know what it is to be around.

And I have had the good fortune of now being in the Legislature 29 years, and I'm proud to be in public service. I'm going to make it very clear, I'm proud to be in public service. I still think it is a noble endeavor and we should all be proud of the work that we do.

I spent 16 years in the Assembly, in the minority. I'm now in my 13th year in the Senate, two of which were in the minority. And I learned a lot being in both venues. So I had a chance to serve in a number of different capacities over there.

But we talk about things in conference. You talk about the people of the State of New York. It's about jobs, it's about taxes, it's about economic development, it's about quality of life. And after that, I think everything can fall into place.

What kind of structure are we creating to make sure that people have an entrepreneurial spirit and they can grow a business and make it thrive and survive and prosper in the State of New York? What's our regulatory framework like? What are we doing to create jobs in every part of the state? How are we investing in public infrastructure? Because that's a real investment.

So those are things that we should be concentrating on. And yet I know that we have some very vexing issues to deal with before the end of the session. I believe people of good spirit and goodwill and faith who are willing to compromise, we can come to an accord on a lot of the things that are very important to people in every community across the State of New York.

I'm going to close on two things. One, I want to greatly, greatly, greatly thank my colleagues for their support. It is humbling. It's making me a little nervous. But it is definitely something that I am so proud to be able to stand here before you and say that I have the opportunity to serve in this new position.

Senators Addabbo and Avella, I don't know what we're going to do about the Education Committee, but we're going to have to figure something out.

The last thing I want to mention is family. You know, when we're sitting in the members' lounge -- and other people, no matter what the venue -- when you get right down to it, people care about their families. And I think most of us look at that and say, if I'm going to do this for my family, how do I make things better for other people's families?

And we have a wide diversity of people here: people who are grandparents, people who are not parents, people who are young parents. And that's part of the great melting pot of the State of New York.

In my own life, I have been very blessed and very fortunate to have grown up in a very solid, stable family, which I recognize not a lot of people have the opportunity to do. In my own life I've had a great life as someone who is married, I have three beautiful children, my mother is still alive, thank God. She was here last week, 77, still working full-time, still full of vim and vigor, energy.

And for all of you -- some of you have no idea who my father was. But for those who are still here, when I got elected in 1986, I came in at a tragic time, but I had a proverbial leg up. My father was highly respected for his intellect, for his collegiality, and for his ability to get things done. So I've always used that as a benchmark.

And, you know, when I think about this, I'll just close and say I am so extraordinarily grateful. And if I can try to continue to be half the man that my father was, I'll be able to say I've done a darn good job in this position.

So for all my colleagues, thank you from the bottom of my heart. We have real work to do, so let's get to the people's business.

Thank you very much.

(Lengthy standing ovation.)

ACTING PRESIDENT GRIFFO:Senator DeFrancisco.

SENATOR DeFRANCISCO: Could we go back to motions and resolutions.

ACTING PRESIDENT GRIFFO:We will return to motions and resolutions.

SENATOR DeFRANCISCO: On page 22, I offer the following amendments to Calendar Number 303, Senate Print 4298, and ask that said bill retain its place on the Third Reading Calendar.

ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.

SENATOR DeFRANCISCO: On page 28, I offer the following amendments to Calendar Number 401, Senate Print 1479, and ask that said bill retain its place on the Third Reading Calendar.

ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.

SENATOR DeFRANCISCO: On page 16, I offer the following amendments to Calendar Number 209, Senate Print Number 3353A, and ask that said bill retain its place on the Third Reading Calendar.

ACTING PRESIDENT GRIFFO:The amendments are also received, and the bill shall also retain its place on third reading.

SENATOR DeFRANCISCO: And lastly, on page 15 I offer the following amendments to Calendar Number 183, Senate Print 3472, and ask that said bill retain its place on the Third Reading Calendar.

ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.

SENATOR DeFRANCISCO: You have the calendar and the active list dated Monday, May 11, 2015. Please lay that all aside for the day. If you would do that, that would be nice.

ACTING PRESIDENT GRIFFO:The active-list calendar before the desk is laid aside for the day.

SENATOR DeFRANCISCO: Is there any further business at the desk?

ACTING PRESIDENT GRIFFO:There is no further business before the desk, Senator DeFrancisco.

SENATOR DeFRANCISCO: In that case, on motion, the Senate stands adjourned until Tuesday, May 12th, at 3:00 p.m.

ACTING PRESIDENT GRIFFO:We congratulate Senator John Flanagan and wish him Godspeed.

On motion, the Senate will stand adjourned until Tuesday, May 12th, at 3:00 p.m.

The Senate will stand adjourned.

(Whereupon, at 4:28 p.m., the Senate adjourned.)