Regular Session - January 5, 2011

                                                            1



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    January 5, 2011

        11                      12:08 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  LIEUTENANT GOVERNOR ROBERT J. DUFFY, President

        19  FRANCIS W. PATIENCE, Secretary

        20

        21

        22

        23

        24

        25



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         1                 P R O C E E D I N G S

         2                  THE PRESIDENT:    The Senate will

         3       come to order.

         4                  Please rise for the Pledge of

         5       Allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  THE PRESIDENT:    The invocation

         9       today will be given by His Excellency

        10       Archbishop Timothy M. Dolan, Archbishop of

        11       New York.

        12                  (Applause.)

        13                  ARCHBISHOP DOLAN:    Thank you.

        14                  Let us pray.

        15                  We assemble for this historic

        16       event, dear Lord, yes, as grateful citizens of

        17       the state we're so proud to call home, but

        18       also as people of humble faith who simply yet

        19       sincerely confess, as Americans, in God we

        20       trust.

        21                  Thus do we acclaim You as our

        22       Creator, who made us in Your own image and

        23       likeness, thus rendering the human person and

        24       human life itself as sacred, thus endowing us

        25       with rights calling for protection, and with



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         1       freedom, not so much to do whatever we want,

         2       but what we ought.

         3                  We profess You as a common Father

         4       who unites us today, a Lawgiver who has

         5       implanted within a grasp of the truth and a

         6       thirst for justice, and a belief that we are

         7       at our best when our will is consonant with

         8       Your own.

         9                  To these distinguished legislators,

        10       we ask the gift of the wisdom only You can

        11       bestow, a reclaiming of the honor and nobility

        12       of public service, and a sensitivity to those

        13       in need.  You never summon us to a duty

        14       without supplying us the grace to do it, and

        15       that blessed assurance consoles us as we

        16       solemnly open today.

        17                  May all that we do and dream and

        18       decide here in this historic chamber, may it

        19       be, Lord, only to our credit when we one day

        20       stand before You, the omnipotent Lawgiver and

        21       Supreme Judge, You who live and reign forever

        22       and ever, amen.

        23                  THE ASSEMBLAGE:    Amen.

        24                  THE PRESIDENT:    The chair now

        25       hands down a message from the State Board of



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         1       Elections, being the official certification of

         2       the duly elected members of the Senate, and

         3       directs that the same be filed in the Journal.

         4                  I would like to ask, are there any

         5       Senators present who have not taken their

         6       oaths of office yet?  If so, please rise.

         7                  (No response.)

         8                  THE PRESIDENT:    The Secretary

         9       will call the roll to ascertain a quorum.

        10                  THE SECRETARY:    Senator Adams.

        11                  SENATOR ADAMS:    Aye.

        12                  THE SECRETARY:    Senator Addabbo.

        13                  SENATOR ADDABBO:    Here.

        14                  THE SECRETARY:    Senator Alesi.

        15                  SENATOR ALESI:    Present.

        16                  THE SECRETARY:    Senator Avella.

        17                  SENATOR AVELLA:    Present.

        18                  THE SECRETARY:    Senator Ball.

        19                  SENATOR BALL:    Here.

        20                  THE SECRETARY:    Senator Bonacic.

        21                  SENATOR BONACIC:    Here.

        22                  THE SECRETARY:    Senator Breslin.

        23                  SENATOR BRESLIN:    Here.

        24                  THE SECRETARY:    Senator Carlucci.

        25                  SENATOR CARLUCCI:    Present.



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         1                  THE SECRETARY:    Senator

         2       DeFrancisco.

         3                  SENATOR DeFRANCISCO:    Here.

         4                  THE SECRETARY:    Senator Diaz.

         5                  SENATOR DIAZ:    Presente.

         6                  THE SECRETARY:    Senator Dilan.

         7                  SENATOR DILAN:    Present.

         8                  THE SECRETARY:    Senator Duane.

         9                  SENATOR DUANE:    Here.

        10                  THE SECRETARY:    Senator

        11       Espaillat.

        12                  SENATOR ESPAILLAT:    Here.

        13                  THE SECRETARY:    Senator Farley.

        14                  SENATOR FARLEY:    Here.

        15                  THE SECRETARY:    Senator Flanagan.

        16                  SENATOR FLANAGAN:    Here.

        17                  THE SECRETARY:    Senator

        18       Fuschillo.

        19                  SENATOR FUSCHILLO:    Present.

        20                  THE SECRETARY:    Senator Gallivan.

        21                  SENATOR GALLIVAN:    Here.

        22                  THE SECRETARY:    Senator Gianaris.

        23                  SENATOR GIANARIS:    Here.

        24                  THE SECRETARY:    Senator Golden.

        25                  SENATOR GOLDEN:    Here.



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         1                  THE SECRETARY:    Senator Griffo.

         2                  SENATOR GRIFFO:    Here.

         3                  THE SECRETARY:    Senator Grisanti.

         4                  SENATOR GRISANTI:    Here.

         5                  THE SECRETARY:    Senator Hannon.

         6                  SENATOR HANNON:    Here.

         7                  THE SECRETARY:    Senator

         8       Hassell-Thompson.

         9                  SENATOR HASSELL-THOMPSON:    Here.

        10                  THE SECRETARY:    Senator Huntley.

        11                  SENATOR HUNTLEY:    Here.

        12                  THE SECRETARY:    Senator Johnson.

        13                  SENATOR JOHNSON:    Here.

        14                  THE SECRETARY:    Senator Kennedy.

        15                  SENATOR KENNEDY:    Here.

        16                  THE SECRETARY:    Senator Klein.

        17                  SENATOR KLEIN:    Here.

        18                  THE SECRETARY:    Senator

        19       L. Krueger.

        20                  SENATOR LIZ KRUEGER:    Here.

        21                  THE SECRETARY:    Senator C.

        22       Kruger.

        23                  SENATOR CARL KRUGER:    Present.

        24                  THE SECRETARY:    Senator Lanza.

        25                  SENATOR LANZA:    Here.



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         1                  THE SECRETARY:    Senator Larkin.

         2                  SENATOR LARKIN:    Present.

         3                  THE SECRETARY:    Senator LaValle.

         4                  SENATOR LaVALLE:    Here.

         5                  THE PRESIDENT:    Senator Skelos,

         6       there is a quorum present.

         7                  I'd like to start off by welcoming

         8       everybody here -- all of the returning

         9       Senators, all the new Senators -- to the

        10       234th session of this great body.  My name is

        11       Bob Duffy, I'm Lieutenant Governor, and it is

        12       an honor to preside over this body.

        13                  I'm in my 34th year of public

        14       service, this is my third career in public

        15       service, and I have to admit I've never been

        16       so awed as to walk into this great chamber and

        17       look around and look at the beauty and

        18       magnificence of this beautiful building and

        19       the incredibly important work that's done

        20       here.

        21                  I come from a city that has a

        22       median family income of $29,000 per year,

        23       people who struggle to put food on their

        24       tables, people who struggle to pay their

        25       mortgages, who depend on all of us in state



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         1       government to make decisions that look out for

         2       them and add to their lives and add to the

         3       best interests of how they live every single

         4       day across the state.  The work that we do

         5       here is incredibly important.

         6                  And I'd like to just finalize my

         7       comments by saying when I walked in here, when

         8       you look at this beautiful chamber, this is

         9       one of the most beautiful chambers in the

        10       entire country.  And the work we do here is so

        11       important.  And the perceptions of what we do

        12       outside sometimes don't match the expectations

        13       that we have.  But in this session, there is

        14       no doubt in my mind that we can do some great

        15       work.

        16                  I am proud to be representing

        17       Governor Andrew Cuomo as his Lieutenant

        18       Governor.  And I just would ask that this

        19       session that we look for ways to come

        20       together.  We're not Democrats, Republicans,

        21       or independents, we are New Yorkers.  And if

        22       we work together as a team and work for the

        23       best interests of everybody around this state,

        24       this session will go down in history as one of

        25       the greatest ever.



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         1                  So I welcome you all, I welcome the

         2       families here today to this great event, and

         3       may God bless you all.

         4                  (Applause.)

         5                  THE PRESIDENT:    The chair now

         6       hands down a communication from the Governor.

         7                  The Secretary will read.

         8                  THE SECRETARY:    "Dear members of

         9       the New York State Senate,

        10                  "I would appreciate the privilege

        11       of your presence at the Empire State Plaza

        12       Convention Center on January 5, 2011, at

        13       1:30 a.m. or as soon thereafter as may be

        14       convenient, where I will deliver my Annual

        15       Message to the Legislature.

        16                  "Very truly yours, Andrew M.

        17       Cuomo."

        18                  THE PRESIDENT:    To be filed in

        19       the Journal.

        20                  Senator Libous, why do you rise?

        21                  SENATOR LIBOUS:    Thank you,

        22       Mr. President.

        23                  Mr. President, at this time I hand

        24       up the following resolution and I ask that it

        25       be read in its entirety and we move for its



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         1       immediate adoption, please.

         2                  THE PRESIDENT:    The Secretary

         3       will read the resolution in its entirety.

         4                  THE SECRETARY:    By Senator

         5       Libous, Senate Resolution Number 1, providing

         6       for the election of Dean G. Skelos as

         7       Temporary President of the Senate for the

         8       years 2011-2012.

         9                  "RESOLVED, That Senator Dean G.

        10       Skelos be, and he hereby is elected Temporary

        11       President of the Senate for the years

        12       2011-2012."

        13                  SENATOR SQUADRON:    Mr. President,

        14       I believe there is a substitute resolution at

        15       the desk.  I ask that the title of the

        16       resolution be read and move for its immediate

        17       adoption.

        18                  THE PRESIDENT:    Senator Squadron,

        19       why do you rise?

        20                  SENATOR SQUADRON:    Mr. President,

        21       I believe there's a substitute resolution at

        22       the desk.  I ask that the title of the

        23       resolution be read and move for its immediate

        24       adoption.

        25                  THE PRESIDENT:    The Secretary



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         1       will read the title of the substitute

         2       resolution.

         3                  THE SECRETARY:    By Senator

         4       Squadron, Senate substitute resolution

         5       providing for the election of John L. Sampson

         6       as Temporary President and Majority Leader of

         7       the Senate for 2011-2012.

         8                  SENATOR SQUADRON:    Thank you,

         9       Mr. President.  On the resolution.

        10                  THE PRESIDENT:    Senator Squadron,

        11       on the resolution.

        12                  SENATOR SQUADRON:    Thank you.

        13                  We all know, colleagues, that the

        14       last two years were not easy.  But under

        15       Senator Sampson's leadership, this chamber

        16       delivered significant accomplishments, some

        17       that had been stalled for decades.  Let there

        18       be no mistake:  Our accomplishments in the

        19       last two years have made a difference in

        20       everyday lives across this state.

        21                  Under the Democratic majority led

        22       by Senator Sampson, we passed the strongest

        23       ethics reform bill in history through both

        24       houses of the Legislature.  We made the

        25       distribution of the Senate resources more



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         1       equitable among all members regardless of

         2       party.  We ended the exclusive authority of

         3       the Senate leader to decide which bills are

         4       considered on the floor.  For the first time,

         5       important bills came to the floor and were

         6       debated, including marriage equality, even if

         7       they weren't assured of passage.

         8                  We enacted sweeping reforms of the

         9       state's public authorities.  We took the lead

        10       on important reforms to education to win

        11       $700 million in federal Race to the Top money.

        12       With bipartisan support, we passed a property

        13       tax cap and a Green Energy, Green Jobs bill to

        14       fund and train workers to weatherize homes.

        15       We created the Excelsior jobs creation program

        16       and passed a first-in-the-nation Domestic

        17       Workers Bill of Rights, Leandra's Law, the

        18       Dignity for All Students Act, and no-fault

        19       divorce.  We Reformed the Rockefeller Drug

        20       Laws to save taxpayers millions and strength

        21       communities that have been shattered by mass

        22       incarceration.

        23                  Certainly there were challenges,

        24       and certainly there is a lot more to do.  If

        25       Senator Sampson is elected, we will see Senate



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         1       action on several important items.  As the

         2       first order of legislative business, we would

         3       make good on the New York Uprising pledge,

         4       which 53 of us current Senators have signed.

         5       It would create independent redistricting,

         6       ethics reform, and budget reform.  And we

         7       would push forward much-needed campaign

         8       finance reform.  We would pass property tax

         9       reform again and make a true investment in job

        10       creation programs.  And we would ensure that

        11       hardworking New Yorkers who hit a rough patch

        12       are able to depend on a helping hand from

        13       their state, with unemployment benefits and

        14       job training and a renewal and strengthening

        15       of New York's rent regulation laws.

        16                  In the past year and a half,

        17       Senator Sampson has maintained the goodwill of

        18       members on both sides of the aisle and guided

        19       this body to these accomplishments and more.

        20       I urge my colleagues to support this

        21       resolution to make the Democratic leader,

        22       Senator John Sampson, President Pro Tem.

        23                  Thank you, Mr. President.

        24                  THE PRESIDENT:    Thank you,

        25       Senator.



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         1                  On the substitute resolution

         2       offered by Senator Squadron, all those in

         3       favor signify by saying aye.

         4                  (Response of "Aye.")

         5                  THE PRESIDENT:    Opposed, nay.

         6                  (Response of "Nay.")

         7                  THE PRESIDENT:    The nays have it.

         8       The resolution is defeated.

         9                  Senator Libous, your resolution is

        10       now before the house.

        11                  SENATOR LIBOUS:    Thank you,

        12       Mr. President.

        13                  Mr. President and my colleagues, it

        14       is with great honor and privilege that I stand

        15       before you today to put a nomination for

        16       Temporary President and Majority Leader of the

        17       Senate, Senator Dean G. Skelos.

        18                  Over the past couple of years we

        19       have had, as Senator Squadron said, some real

        20       challenges before this house and certainly

        21       before this state.  Senator Skelos has the

        22       leadership ability, the courage and the

        23       passion to address those very, very tough

        24       issues that we face.

        25                  He understands that New Yorkers



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         1       from all across this state, from Buffalo to

         2       Long Island, are struggling and many of them

         3       are out of work.  He understands that this

         4       state has taxed people out of their homes and

         5       that that policy has to change.  He

         6       understands that the state spends too much and

         7       we have to reduce the rate of spending just

         8       like every New Yorker has had to reduce the

         9       rate of spending at home because their

        10       pocketbooks have been pinched.

        11                  Senator Skelos has served in this

        12       chamber for many years.  He has served on both

        13       sides of the aisle.  He understands the needs

        14       of the members in this chamber, both sides of

        15       the aisle, and he has the leadership ability

        16       to lead us, with our new governor, Andrew

        17       Cuomo, during this very, very turbulent time.

        18                  My friends, it is the right choice

        19       today, it is the right choice for the future.

        20       And it is indeed an honor for me to put before

        21       you the name of our friend and our next

        22       leader, Dean G. Skelos.

        23                  (Applause.)

        24                  THE PRESIDENT:    Thank you,

        25       Senator.



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         1                  I now recognize Senator Johnson for

         2       the purposes of seconding the nomination.

         3                  SENATOR JOHNSON:    I take great

         4       pride and pleasure in advancing, as a second,

         5       the nomination of Dean Skelos.  He and I have

         6       been acquainted for many years.  I have seen

         7       him perform as a Senator and as a leader, as

         8       he formerly was the leader, Majority Leader,

         9       and is now returning to his rightful position.

        10                  During the hiatus of two years, he

        11       had the strength and the fortitude and the

        12       ability to keep the Republican conference in

        13       good mood, keeping us working together, not

        14       splitting off because we lost.  We stayed

        15       together.  We still advanced what we thought

        16       was right and talked against what we thought

        17       was wrong.  And I think he deserves a lot of

        18       credit for doing that.

        19                  And so right now I'd like to say

        20       that the second I'm putting forth is for the

        21       second term of this leader who has

        22       demonstrated his ability in the past, is going

        23       to continue doing so, and we're very proud of

        24       you, Dean.

        25                  Thank you.



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         1                  (Applause.)

         2                  THE PRESIDENT:    The question is

         3       on the resolution.  All those in favor signify

         4       by saying aye.

         5                  (Response of "Aye.")

         6                  THE PRESIDENT:    Opposed, nay.

         7                  (Response of "Nay.")

         8                  THE PRESIDENT:    The resolution is

         9       adopted.

        10                  And the chair states for the record

        11       that Senator Dean G. Skelos has been elected

        12       Temporary President of the Senate for the

        13       years 2011-2012.

        14                  (Extended standing ovation.)

        15                  THE PRESIDENT:    Senator Skelos.

        16                  SENATOR SKELOS:    Thank you.

        17                  I've received a communication from

        18       the Senate Democrat Conference that Senator

        19       John L. Sampson was elected as the Minority

        20       Leader of the State Senate, and I ask that it

        21       be filed in the Journal.

        22                  And I add my personal

        23       congratulations, John.

        24                  (Applause.)

        25                  THE PRESIDENT:    For the record,



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         1       the chair recognizes that Senator John L.

         2       Sampson was elected Minority Leader of the

         3       State Senate for the years 2011-2012, and

         4       notice will be filed in the Journal.

         5                  Senator Sampson.

         6                  SENATOR SAMPSON:    Thank you very

         7       much, Mr. President.

         8                  On behalf of the Democratic

         9       Conference, I want to extend congratulations

        10       to you, Senator Skelos.

        11                  Dean, you have more hair than I

        12       have.

        13                  (Laughter.)

        14                  SENATOR SAMPSON:    And I hope

        15       after the next two years you continue to have

        16       more hair than I have.

        17                  (Laughter.)

        18                  SENATOR SAMPSON:    I really want

        19       to take this time and really extend a personal

        20       welcome to each of our new members, the lucky

        21       13, on both sides of the aisle.  You are

        22       coming to the Senate at a very difficult time,

        23       facing very difficult choices in the weeks and

        24       months ahead.

        25                  I will never forget my first day



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         1       here in this room when I met former Majority

         2       Leader Joe Bruno.  He said to me, he said,

         3       "Senator, congratulations, and welcome to the

         4       State of New York State Senate.  You will go

         5       far and you will do many great things here in

         6       Albany.  But always remember one piece of

         7       advice:  Never forget your district."

         8                  It's good advice because, as is

         9       always said, all politics is local.  And while

        10       we have our differences on various votes and

        11       causes, as one colleague to another, let me

        12       urge you to follow that advice.  Do not forget

        13       your districts.

        14                  Now the elections are over and the

        15       hard work truly begins.  This is 2011.  This

        16       is a new decade.  Let this be the decade of

        17       the people.  Let's work together to give

        18       New Yorkers a government as good as they are

        19       in a state worthy of the title as the Empire

        20       State.

        21                  A lot of pundits and many

        22       politicians preach how great New York used to

        23       be.  But let's be clear.  New York wasn't the

        24       Empire State because of the Legislature or the

        25       government.  What made New York great and what



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         1       will make New York great again is a spirit of

         2       innovation, a commitment to entrepreneurship,

         3       and a strong, growing, and vibrant middle

         4       class.  Those things come from people, not

         5       from government.

         6                  It used to be very simple.  You

         7       played by the rules, you worked hard, you

         8       could provide for your family and have a piece

         9       of the American dream.  New York was a place

        10       where people came in search of a better life,

        11       and many of them found it.

        12                  The problem is that Albany became

        13       the place where good ideas and smart policies

        14       came to die.  It didn't happen at once.  A tax

        15       hike here, a little borrowing there, one-shots

        16       all over the place, and soon we were billions

        17       of dollars in debt and no easy options to fix

        18       the problem.

        19                  I am proud we were able to pass a

        20       budget last year that protected the middle

        21       class, that didn't raise income taxes or a

        22       soda tax.  I'm also proud we passed a property

        23       tax cap -- not once, but twice -- and I hope

        24       the Assembly will join us this year in getting

        25       it passed.



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         1                  I'm proud we worked together to

         2       keep our parks open so that middle-class

         3       New Yorkers could take a staycation because

         4       they couldn't afford a vacation.  I am proud

         5       we won Race to the Top.  I am proud we passed

         6       authorities and pension reform.  I'm proud we

         7       passed Green Jobs, Power for Jobs.  I'm proud

         8       we passed no-fault divorce, a Domestic Workers

         9       Bill of Rights, and brought marriage equality

        10       to the floor.

        11                  But, my colleagues, the past is the

        12       past.  And now it's time to change and now

        13       it's time to lead.  New Yorkers have a long

        14       history of activism, leadership, and dissent,

        15       not just for change in New York but for our

        16       country and around the world.  The labor

        17       movement, the abolitionist movement, the fight

        18       for suffrage, the Stonewall uprising, the

        19       continuing struggle for reproductive rights,

        20       marriage equality, personal privacy -- all

        21       have roots here in New York.

        22                  In most instances, the people were

        23       ready for change well before we were ready.

        24       Maybe that's the way it's supposed to be.

        25       Sometimes a difference between a mob and



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         1       democracy is an election.

         2                  So maybe, just maybe, the

         3       Legislature is a circuit breaker designed to

         4       look at the bigger picture and itself only

         5       limited by the Constitution, courts and

         6       executives from excess.  For far too long the

         7       circuit breaker has been switched off, and

         8       it's time to flip it back on.

         9                  New Yorkers want Albany to solve

        10       their problems.  It's time we ensure pledges

        11       made become promises kept.  They are demanding

        12       reform, and we should give it to them.  We

        13       need to pass the Governor's ethics package,

        14       which we will soon receive.  We need to pass

        15       budget reform.  We need to pass independent

        16       redistricting.  Fifty-three of us signed Mayor

        17       Koch's pledge.  It was a very simple message

        18       for all of us here in Albany and in our

        19       districts:  Keep your promise, pass the

        20       pledge.

        21                  You want more sunlight, you want

        22       more transparency in Albany?  Keep your

        23       promise, pass the pledge.  You want a budget

        24       that is actually balanced, no gimmicks, no

        25       games?  Keep your promise, pass the pledge.



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         1       You want fair and competitive elections?  Keep

         2       your promise, pass the pledge.

         3                  While we're at it, let's bring

         4       those votes of conscience to the floor such as

         5       marriage equality and reproductive health

         6       acts, to the floor for an up-or-down vote.

         7                  I still believe we can change

         8       Albany.  And I also believe in the power of

         9       partnership.  Senator Skelos, it's in your

        10       hands, it's in your lead.  But we will be

        11       there right with you when we agree.  When we

        12       disagree, we will challenge you.  As Dr. King

        13       once said:  Almost always, the creative,

        14       dedicated minority has made the world better.

        15                  That is what we plan to do, and

        16       that is what we will do.  We will be committed

        17       and we will be a compassionate opposition, but

        18       most of all we understand that it takes a

        19       partner to begin to understand and relieve the

        20       middle class of the struggles that they face

        21       on a day-to-day basis.

        22                  If we work together, we will lessen

        23       the burden that government has passed on to

        24       the middle class.  We will transform our

        25       economy, we will create jobs, and we will



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         1       unleash the innovative and can-do spirit of

         2       the people of the State of New York, and once

         3       again we can become the Empire State.

         4                  So, Mr. President, I want to thank

         5       you.  I want to congratulate my colleague

         6       again, Senator Skelos -- this is a man who I

         7       respect -- and, as always, tell everybody

         8       about politics.  Politics is temporary

         9       business.  Friendships last forever.  We can

        10       have our agreements and disagreements, but we

        11       must understand that our responsibility is not

        12       to the special interests, our responsibility

        13       is to the people that we represent.

        14                  This is going to be a very

        15       difficult year for all of us.  The cuts are

        16       billions of dollars.  But we have to

        17       understand that in order for us to give people

        18       the opportunity -- my father came from a

        19       country to America with $20 in his pocket, and

        20       he was able to achieve the American dream.  We

        21       want to give every New Yorker the opportunity

        22       to achieve the American dream.

        23                  Senator Skelos, it's your lead,

        24       time to lead.  I want to congratulate you.

        25       And I'm here to work with you and make sure



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         1       that we provide that opportunity that we had,

         2       but most of all for the opportunities for the

         3       other people in the State of New York.

         4                  Congratulations.

         5                  (Applause.)

         6                  THE PRESIDENT:    Thank you,

         7       Senator.

         8                  Senator Skelos, will you please

         9       stand and meet me at the well, along with your

        10       brother, the Honorable Peter Skelos, and your

        11       beautiful wife, Gail, and son, Adam, to be

        12       sworn in as the Temporary President of the

        13       Senate.

        14                  JUSTICE PETER SKELOS:    Will you

        15       raise your right hand and repeat after me:

        16                  I, Dean G. Skelos --

        17                  SENATOR SKELOS:    I, Dean G.

        18       Skelos --

        19                  JUSTICE PETER SKELOS:    -- do

        20       solemnly swear --

        21                  SENATOR SKELOS:    -- do solemnly

        22       swear --

        23                  JUSTICE PETER SKELOS:    -- to

        24       uphold the Constitution of the United

        25       States --



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         1                  SENATOR SKELOS:    -- to uphold the

         2       Constitution of the United States --

         3                  JUSTICE PETER SKELOS:    -- and the

         4       Constitution of the State of New York --

         5                  SENATOR SKELOS:    -- and the

         6       Constitution of the State of New York --

         7                  JUSTICE PETER SKELOS:    -- and

         8       that I will faithfully discharge --

         9                  SENATOR SKELOS:    -- and that I

        10       will faithfully discharge --

        11                  JUSTICE PETER SKELOS:    -- the

        12       office of President Pro Tem --

        13                  SENATOR SKELOS:    Temporary

        14       President Pro Tem.

        15                  (Laughter.)

        16                  JUSTICE PETER SKELOS:    Okay, the

        17       office of Temporary President Pro Tem of the

        18       Senate --

        19                  SENATOR SKELOS:    -- the office of

        20       Temporary President Pro Tem of the Senate --

        21                  JUSTICE PETER SKELOS:    -- of the

        22       State of New York --

        23                  SENATOR SKELOS:    -- of the State

        24       of New York --

        25                  JUSTICE PETER SKELOS:    -- to the



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         1       best of my ability, so help me God.

         2                  SENATOR SKELOS:    -- to the best

         3       of my ability, so help me God.

         4                  (Extended standing ovation.)

         5                  THE PRESIDENT:    Ladies and

         6       gentlemen, our Temporary President of the

         7       Senate.  Please welcome Senator Skelos.

         8                  Senator.

         9                  SENATOR SKELOS:    Thank you very

        10       much.  And I'd like to welcome you, our new

        11       Lieutenant Governor, to this wonderful

        12       chamber.  It's going to be a unique but

        13       wonderful experience having you preside.  We

        14       are a great group of people, a divergent group

        15       of people, different parts of the state.  And

        16       as we have our meetings here and our

        17       discussions from time to time, you'll see what

        18       a wonderful group of people that you'll be

        19       presiding over.

        20                  So I welcome you to the chamber.

        21                  THE PRESIDENT:    Thank you,

        22       Senator.  Thank you.  Thank you.

        23                  (Applause.)

        24                  SENATOR SKELOS:    Your Excellency,

        25       Archbishop Dolan, I thank you for your



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         1       prayers, the chamber does, and we appreciate

         2       your leadership on behalf of the people of the

         3       State of New York.

         4                  Thank you for being here.

         5                  (Applause.)

         6                  SENATOR SKELOS:    Senator Sampson,

         7       I congratulate you on your election.  And I

         8       can honestly say that I enjoyed the order of

         9       the resolutions this year more than I did two

        10       years ago.

        11                  (Laughter.)

        12                  SENATOR SKELOS:    My wife, Gail;

        13       my son, Adam; my father, who's here, Basil,

        14       who is 90 -- almost 90 years old.

        15                  (Applause.)

        16                  SENATOR SKELOS:    Still drives

        17       himself to work every day, and keeps saying to

        18       saying to me, "Where's my STAR rebate check?"

        19                  (Laughter.)

        20                  SENATOR SKELOS:    To my brothers,

        21       sisters, sister-in-laws, brother-in-laws,

        22       nieces, nephews.  You have been so wonderful

        23       to me over the year, supportive.  And as I

        24       said earlier today, without the foundation of

        25       your family, whether it's brothers, sisters,



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         1       nieces, nephews, son, wife, you really have

         2       nothing.  And life truly is, number one, about

         3       your family, and certainly then the profession

         4       that we look to go into.

         5                  Tom, I want to thank you, Senator

         6       Libous, for your kind nomination.  And to my

         7       dear friend Senator Owen Johnson, I thank you

         8       for seconding the nomination.

         9                  I'm not going to have long comments

        10       today, because our new Governor has asked me

        11       to make comments on the floor.  So to avoid

        12       redundancy and to avoid spending a lot of time

        13       right now -- because we have to go not

        14       convention center -- at this time I'd like to

        15       introduce our new State Senators.

        16                  First I'd like to introduce Mark

        17       Grisanti.  Mark?

        18                  (Applause.)

        19                  SENATOR SKELOS:    From Nassau

        20       County, Senator Jack Martins.  Jack?

        21                  (Applause.)

        22                  SENATOR SKELOS:    Senator Patrick

        23       Gallivan.  Senator?

        24                  (Applause.)

        25                  SENATOR SKELOS:    I think I was



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         1       almost his age once, when I came here.  But

         2       our new Senator, Senator Lee Zeldin.

         3                  (Applause.)

         4                  SENATOR SKELOS:    Former

         5       Assemblyman and now State Senator Tom O'Mara.

         6                  (Applause.)

         7                  SENATOR SKELOS:    We have our new

         8       Senator Patty Ritchie.

         9                  (Applause.)

        10                  SENATOR SKELOS:    And finally,

        11       former Assemblyman and now Senator Greg Ball.

        12       Greg?

        13                  (Applause.)

        14                  SENATOR SKELOS:    I just want to

        15       say what an honor it is to all of my

        16       colleagues, to all of my colleagues that are

        17       here, that you've elected me your Temporary

        18       President and Majority Leader.  I know in your

        19       hearts you really wanted to vote for me --

        20                  (Laughter.)

        21                  SENATOR SKELOS:    -- but this is

        22       the process.

        23                  And I believe that the process that

        24       exists in this state -- and it can always be

        25       improved -- is a wonderful process where we



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         1       can come together, as I mentioned to the

         2       Lieutenant Governor, from all parts of the

         3       state, different interests, different

         4       constituencies, different backgrounds.  But

         5       the challenge for us this year is truly going

         6       to be to make it work.

         7                  So, Senator Sampson, and to all of

         8       our colleagues, this is going to be a

         9       challenging year.  And with this challenge, we

        10       cannot pass the opportunity to reform and

        11       change this state.

        12                  Senator Sampson, you mentioned

        13       certain pledges.  Let me make a pledge that

        14       we've made throughout the last two years.  We

        15       will not be raising taxes.  That's a pledge

        16       that we will keep.

        17                  (Applause.)

        18                  SENATOR SKELOS:    As indicated by

        19       the new Governor and the necessity that exists

        20       with the spending binges that went on in the

        21       past, we will cut state spending.  It's

        22       absolutely necessary because the people of

        23       this state can no longer afford the cost of

        24       state government.

        25                  And probably the most important



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         1       pledge that we have to keep, and what the

         2       people of New York are crying out for, and

         3       that's for us to empower and help create

         4       private-sector jobs.

         5                  (Applause.)

         6                  SENATOR SKELOS:    We will restore

         7       decorum, dignity, and respect to this

         8       beautiful chamber.  We will start session on

         9       time.  And we will --

        10                  (Applause.)

        11                  SENATOR SKELOS:    And we will take

        12       up bills that are introduced and sponsored by

        13       both sides of the aisle.  Legislation --

        14                  (Applause.)

        15                  SENATOR SKELOS:    Legislation will

        16       be debated, and bills will pass and bills will

        17       fail.  But I think that's what our democracy

        18       is about, the opportunity to discuss

        19       legislation and have up-or-down votes.

        20                  And I think that's critically

        21       important, that if we do this and we act with

        22       decorum, that we can restore the faith of the

        23       people in this chamber.

        24                  And if we partner with our new

        25       Governor, with Speaker Silver, we will have a



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         1       tremendous opportunity to turn around this

         2       state, make it the Empire State once again,

         3       and bring the respect to this chamber that we

         4       will earn this year as Republicans and

         5       Democrats working together.

         6                  So I thank you for the opportunity,

         7       I thank you for the challenge, and I look

         8       forward to a productive, productive session

         9       this year.  Thank you much.

        10                  (Applause.)

        11                  SENATOR SKELOS:    Mr. President,

        12       at this time I hand up the following

        13       Resolution Number 3 and ask that the title be

        14       read and move for its immediate adoption.

        15                  THE PRESIDENT:    The Secretary

        16       will read Resolution Number 3 in its entirety.

        17                  THE SECRETARY:    By Senator

        18       Skelos, Senate Resolution Number 3, that

        19       Francis W. Patience of Latham, New York, be

        20       and he hereby is elected Secretary of the

        21       Senate for the years 2011-2012.

        22                  "RESOLVED, That Francis W. Patience

        23       of Latham, New York, be and he hereby is

        24       elected Secretary of the Senate for the years

        25       2011-2012."



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         1                  THE PRESIDENT:    The question is

         2       on the resolution.  All those in favor signify

         3       by saying aye.

         4                  (Response of "Aye.")

         5                  THE PRESIDENT:    Opposed, nay.

         6                  (No response.)

         7                  THE PRESIDENT:    The resolution is

         8       adopted.

         9                  The chair states for the record

        10       that Francis W. Patience has been elected

        11       Secretary of the Senate for the years

        12       2011-2012.

        13                  Mr. Patience, I ask that you now

        14       join your dear mother, Mary Elizabeth

        15       Patience, accompanied by your brother, Tom, at

        16       the well, to be sworn in by Senator Skelos.

        17                  SENATOR SKELOS:    You ready for

        18       this?

        19                  (Laughter.)

        20                  SENATOR SKELOS:    I do solemnly

        21       swear --

        22                  MR. PATIENCE:    I do solemnly

        23       swear --

        24                  SENATOR SKELOS:    -- that I will

        25       support the Constitution of the United



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         1       States --

         2                  MR. PATIENCE:    -- that I will

         3       support the Constitution of the United

         4       States --

         5                  SENATOR SKELOS:    -- and the

         6       Constitution of the State of New York --

         7                  MR. PATIENCE:    -- and the

         8       constitution of the State of New York --

         9                  SENATOR SKELOS:    -- and that I

        10       will faithfully discharge --

        11                  MR. PATIENCE:    -- and that I will

        12       faithfully discharge --

        13                  SENATOR SKELOS:    -- the duties of

        14       the office of Secretary of the Senate --

        15                  MR. PATIENCE:    -- the duties of

        16       the office of Secretary of the Senate --

        17                  SENATOR SKELOS:    -- of the State

        18       of New York --

        19                  MR. PATIENCE:    -- of the State of

        20       New York --

        21                  SENATOR SKELOS:    -- to the best

        22       of my ability --

        23                  MR. PATIENCE:    -- to the best of

        24       my ability --

        25                  SENATOR SKELOS:    -- so help me



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         1       God.

         2                  MR. PATIENCE:    -- so help me God.

         3                  SENATOR SKELOS:    Congratulations.

         4                  (Applause.)

         5                  THE PRESIDENT:    Ladies and

         6       gentlemen, our Secretary.

         7                  Senator Skelos.

         8                  SENATOR SKELOS:    Mr. President,

         9       if we could have Resolution 4 now read in its

        10       entirety and move for its immediate adoption.

        11                  THE PRESIDENT:    The Secretary

        12       will read Resolution Number 4 in its entirety.

        13                  THE SECRETARY:    By Senator

        14       Skelos, Senate Resolution Number 4, that

        15       George R. Federoff be, and he hereby is

        16       elected Sergeant-at-Arms of the Senate for the

        17       years 2011-2012.

        18                  "Resolved, that George R. Federoff

        19       be, and he hereby is elected Sergeant-at-Arms

        20       of the Senate for the years 2011-2012."

        21                  THE PRESIDENT:    On the

        22       resolution, all in favor signify by saying

        23       aye.

        24                  (Response of "Aye.")

        25                  THE PRESIDENT:    Opposed, nay.



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         1                  (No response.)

         2                  THE PRESIDENT:    The resolution is

         3       adopted.

         4                  Congratulations, Mr. Federoff.

         5                  For the record, Mr. George R.

         6       Federoff has been elected Sergeant at Arms for

         7       the years 2011-2012.

         8                  (Applause.)

         9                  THE PRESIDENT:    Congratulations.

        10                  Senator Skelos.

        11                  SENATOR SKELOS:    Mr. President, I

        12       believe there are Resolutions Number 5 and 6

        13       at the desk.  May we please have them read and

        14       move for their immediate adoption.

        15                  THE PRESIDENT:    The Secretary

        16       will now read Resolution Number 5 in its

        17       entirety.

        18                  THE SECRETARY:    By Senator

        19       Skelos, Senate Resolution Number 5, resolved

        20       that the Temporary President appoint a

        21       committee of two to inform the Governor of the

        22       election of Dean G. Skelos as Temporary

        23       President of the Senate for the years

        24       2011-2012, and that the Senate is organized

        25       and ready to proceed with business.



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         1                  "RESOLVED, That the Temporary

         2       President appoint a committee of two,

         3       comprised of Senator Patricia Ritchie and

         4       Senator Timothy Kennedy, for the purpose of

         5       informing the Governor of the election of Dean

         6       G. Skelos as Temporary President of the Senate

         7       for the years 2011-2012, and that the Senate

         8       is organized and ready to proceed with

         9       business."

        10                  THE PRESIDENT:    The question is

        11       on the resolution.  All those in favor please

        12       signify by saying aye.

        13                  (Response of "Aye.")

        14                  THE PRESIDENT:    Opposed, nay.

        15                  (No response.)

        16                  THE PRESIDENT:    The resolution is

        17       adopted.

        18                  Senator Skelos appoints Senators

        19       Patricia Ritchie and Timothy Kennedy to wait

        20       upon the Governor that the Senate is ready to

        21       proceed.

        22                  The Secretary will now read

        23       Resolution Number 6 in its entirety.

        24                  THE SECRETARY:    By Senator

        25       Skelos, Senate Resolution Number 6, resolved



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         1       that the Temporary President appoint a

         2       committee of two to wait upon the Assembly and

         3       inform that body of the election of Dean G.

         4       Skelos as Temporary President of the Senate

         5       for the years 2011-2012, and that the Senate

         6       is organized and ready to proceed with

         7       business.

         8                  "RESOLVED, That the Temporary

         9       President appoint a committee of two,

        10       comprised of Senator Mark Grisanti and Senator

        11       Gustavo Rivera, for the purpose of waiting

        12       upon the Assembly and informing that body of

        13       the election of Senator Dean G. Skelos as

        14       Temporary President of the Senate for the

        15       years 2011-2012, and that the Senate is

        16       organized and ready to proceed with business."

        17                  THE PRESIDENT:    The question is

        18       on the resolution.  All those in favor signify

        19       by saying aye.

        20                  (Response of "Aye.")

        21                  THE PRESIDENT:    Opposed, nay.

        22                  (No response.)

        23                  THE PRESIDENT:    The resolution is

        24       adopted.

        25                  Senator Skelos appoints Senators



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         1       Mark Grisanti and Gustavo Rivera to wait upon

         2       the Assembly that the Senate is ready to

         3       proceed.

         4                  Senator Skelos.

         5                  SENATOR SKELOS:    Mr. President, I

         6       believe there are two resolutions, 7 and 8, at

         7       the desk.  May we please have the titles read

         8       and move for their immediate adoption.

         9                  THE PRESIDENT:    The Secretary

        10       will read Resolution Number 7, title only.

        11                  THE SECRETARY:    By Senator

        12       Skelos, Senate Resolution Number 7, providing

        13       for the adoption of the rules of the Senate

        14       for a certain period of time.

        15                  THE PRESIDENT:    The question is

        16       on the resolution.  All those in favor signify

        17       by saying aye.

        18                  (Response of "Aye.")

        19                  THE PRESIDENT:    Opposed, nay.

        20                  (No response.)

        21                  THE PRESIDENT:    The resolution is

        22       adopted.

        23                  The Secretary will now read

        24       Resolution Number 8 in its entirety.

        25                  THE SECRETARY:    By Senator



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         1       Skelos, Senate Resolution Number 8, providing

         2       for the hours of meeting by the Senate for the

         3       years 2011-2012.

         4                  "RESOLVED, That unless otherwise

         5       ordered, the hours of meeting of the Senate

         6       shall be as follows:  Mondays and Tuesdays at

         7       3:00 p.m., Wednesdays and all other days at

         8       11:00 a.m."

         9                  THE PRESIDENT:    The question is

        10       on the resolution.  All those in favor signify

        11       by saying aye.

        12                  (Response of "Aye.")

        13                  THE PRESIDENT:    Opposed, nay.

        14                  (No response.)

        15                  THE PRESIDENT:    The resolution is

        16       adopted.

        17                  Senator Skelos.

        18                  SENATOR SKELOS:    Mr. President, I

        19       hand up two committee assignments and ask that

        20       such assignments be filed in the Journal.

        21                  THE PRESIDENT:    Notice will be

        22       filed in the Journal.

        23                  Senator Skelos.

        24                  SENATOR SKELOS:    Mr. President,

        25       the Senate will stand adjourned until Monday,



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         1       January 10th, at 3:00 p.m., intervening days

         2       being legislative days.  We will now proceed

         3       to the Empire State Plaza Convention Center

         4       for the Governor's State of the State address.

         5                  THE PRESIDENT:    On motion, the

         6       Senate stands adjourned until Monday,

         7       January 10th, at 3:00 p.m., intervening days

         8       being legislative days.

         9                  The Senate will now proceed to the

        10       Empire State Plaza Convention Center for the

        11       Governor's State of the State address.

        12                  (Whereupon, at 12:53 p.m., the

        13       Senate adjourned.)

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24

        25



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