Regular Session - January 24, 2013

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 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 24, 2013

11                     11:13 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting 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                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise 

 5   and join me as we recite the Pledge of 

 6   Allegiance to our Flag.  All rise.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   In the 

10   absence of clergy, I ask all to bow your heads 

11   in a moment of silent prayer and reflection.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                ACTING PRESIDENT GRIFFO:   The 

15   reading of the Journal.

16                THE SECRETARY:   In Senate, 

17   Wednesday, January 23rd, the Senate met pursuant 

18   to adjournment.  The Journal of Tuesday, 

19   January 22nd, was read and approved.  On motion, 

20   Senate adjourned.

21                ACTING PRESIDENT GRIFFO:   Without 

22   objection, the Journal stands approved as read.

23                Presentation of petitions.

24                Messages from the Assembly.

25                Messages from the Governor.


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 1                Reports of standing committees.

 2                Reports of select committees.

 3                Communications and reports from 

 4   state officers.

 5                Motions and resolutions.

 6                Senator Libous.

 7                SENATOR LIBOUS:   Mr. President, at 

 8   this time may we please adopt the 

 9   Resolution Calendar, with the exception of 

10   Resolution 228.

11                ACTING PRESIDENT GRIFFO:   All in 

12   favor of adopting the Resolution Calendar, with 

13   the exception of Resolution 228, signify by 

14   saying aye.

15                (Response of "Aye.")

16                ACTING PRESIDENT GRIFFO:   

17   Opposed?  

18                (No response.)

19                ACTING PRESIDENT GRIFFO:   The 

20   Resolution Calendar is adopted.  

21                Senator Libous.

22                SENATOR LIBOUS:   Mr. President, I 

23   believe there's a previously adopted resolution 

24   by Senator Parker, Number 107, at the desk.  

25                May we have the resolution read in 


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 1   its entirety, move for its immediate adoption, 

 2   but I would assume that Senator Montgomery will 

 3   speak on behalf of the resolution.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Legislative 

 7   Resolution Number 107, by Senator Parker, 

 8   mourning the death of New York State Court of 

 9   Appeals Judge Theodore T. Jones, Jr.  

10                "WHEREAS, It is the sense of this 

11   Legislative Body to pay tribute to those 

12   singular individuals who devoted their 

13   purposeful lives to preserving the rights and 

14   protecting the welfare of the citizens of their 

15   community and the State of New York; and 

16                "WHEREAS, Attendant to such 

17   concern, and in full accord with its 

18   long-standing traditions, it is the sense of 

19   this Legislative Body to mourn the death of 

20   New York State Court of Appeals Judge Theodore 

21   T. Jones, Jr.; and 

22                "WHEREAS, Judge Theodore Jones, 

23   Jr., one of seven jurists on New York's top 

24   court, died on Monday, November 5, 2012, at the 

25   age of 68; and 


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 1                "WHEREAS, Judge Theodore Jones, Jr., 

 2   became a State Supreme Court Justice in Brooklyn 

 3   in 1990 and joined the Court of Appeals in 2007 

 4   after being nominated by Governor Eliot Spitzer.  

 5   He was co-chairman of the court's task force on 

 6   wrongful convictions, which recommended 

 7   videotaping police interrogations, steps to  

 8   prevent suggestive police lineups for witnesses, 

 9   and expanding defense access to DNA evidence.  He 

10   was the current court's only African-American and 

11   chaired its diversity committee; and 

12                "WHEREAS, Theodore Jones, Jr., was 

13   born on March 10, 1944.  His mother was a 

14   teacher, and his father worked on the Long Island 

15   Railroad, becoming a stationmaster; and 

16                "WHEREAS, Judge Theodore Jones, Jr. 

17   graduated from Hampton University in Virginia and 

18   later joined the United States Army in 1967, 

19   serving in the Vietnam War and attaining the rank 

20   of captain; and 

21                "WHEREAS, Judge Theodore Jones, Jr. 

22   graduated from St. John's University School of 

23   Law in 1972.  He worked at the Legal Aid Society, 

24   focusing on criminal defense work.  He was 

25   elected twice to the State Supreme Court; and 


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 1                "WHEREAS, Judge Theodore Jones, Jr. 

 2   is survived by his wife, Joan, and sons, Wesley 

 3   and Theodore III; now, therefore, be it 

 4                "RESOLVED, That this Legislative 

 5   Body pause in its deliberations to mourn the 

 6   death of New York State Court of Appeals Judge 

 7   Theodore T. Jones, Jr.; and be it further 

 8                "RESOLVED, That a copy of this 

 9   resolution, suitably engrossed, be transmitted to 

10   the family of Judge Theodore T. Jones, Jr."

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Montgomery.

13                SENATOR MONTGOMERY:   Thank you, 

14   Mr. President.  

15                I appreciate you allowing me to say 

16   a few words regarding the Honorable Ted Jones, 

17   Theodore T. Jones, who was one of the few times 

18   that I had an opportunity to actually see and 

19   participate in having one of the people that I 

20   knew very personally nominated and advanced to 

21   the highest court in our state.  

22                I want to thank you for listing many 

23   of the accomplishments of his.  I did not hear 

24   but you probably did say he was a member of the 

25   Omega Psi Phi fraternity, and in that capacity as 


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 1   a fraternal member he was very much involved in 

 2   monitoring and working with young people and 

 3   being an inspiration for them and many others, 

 4   especially people who were engaged in the field 

 5   of law.

 6                I want to just mention as well that 

 7   Judge Jones was affiliated with organizations in 

 8   his own community.  He was connected with people, 

 9   worked with those of us who were trying to figure 

10   out how to address issues as it related to 

11   juvenile justice and criminal justice, and was a 

12   very, very committed and special and unique 

13   person.  

14                He was not just a judge.  He was a 

15   family man.  His sons were very, very important 

16   to him; he was very much involved in their 

17   lives.  He and his wife were very much a part of 

18   our community.  And I really felt so proud that 

19   he as a friend was able to advance to such a high 

20   position in our state.

21                I want to memorialize him as one of 

22   the great and important leaders, especially 

23   African-American leaders, in the State of 

24   New York.  And I thank you for allowing me to say 

25   a few words to honor him and memorialize him.  


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 1                Thank you.

 2                ACTING PRESIDENT GRIFFO:   Thank 

 3   you, Senator Montgomery.

 4                Can I have some order in the 

 5   chamber, please.

 6                Senator Carlucci.

 7                SENATOR CARLUCCI:   Thank you, 

 8   Mr. President.  

 9                And I want to echo the words of my 

10   colleague Senator Montgomery.  Judge Theodore 

11   Jones was someone that I got to know.  He was a 

12   neighbor of mine, lived in New City.  And I got 

13   to know him when I was the town clerk; he would 

14   come to the clerk's office.  And I had the good 

15   fortune of being able to pick his brain.  

16                And what an outstanding man of 

17   character and served this state so well.  And as 

18   Senator Montgomery had mentioned, not only was he 

19   a tireless advocate for equal justice and for 

20   making sure that he served as a role model for 

21   future generations, but before he was even 

22   involved in legal service, he served our nation 

23   in Vietnam and came back and continued to serve 

24   or community.  

25                So I'm so honored and privileged to 


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 1   be in this body today as we recognize the life, 

 2   the legacy, and the good work that Judge Theodore 

 3   Jones committed his life towards this state.  So 

 4   thank you for honoring his life, his legacy, and 

 5   I thank my colleagues for voting on this 

 6   resolution.  

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT GRIFFO:   Thank 

 9   you, Senator Carlucci.

10                Senator DeFrancisco.

11                SENATOR DeFRANCISCO:   Yes, I rise 

12   in support of this resolution, and I thank 

13   Senator Montgomery for bringing it to the floor.  

14                I was chairman of the 

15   Judiciary Committee at the time when Theodore 

16   Jones was nominated by the Governor to be 

17   appointed to the highest court of the state.  And 

18   I never knew him before.  We were contemporaries, 

19   starting and conducting our lives in totally 

20   different areas of the state but on a parallel 

21   course.  

22                And I learned that when I met him in 

23   New York City for the first time.  I was in 

24   New York City, we'd made a meeting to talk before 

25   he came up before the full Senate or even before 


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 1   the committee, the Judiciary Committee.  

 2                What an outstanding, class guy.  We 

 3   immediately bonded, we immediately talked about 

 4   things that we had in common about our lives.  

 5   And I knew that day, without even reviewing the 

 6   various qualifications that he had, that he would 

 7   be an outstanding judge.  And the reason I knew 

 8   that is because he had impeccable character, he 

 9   was a class individual, and he was very 

10   empathetic.  He was someone who I knew as a judge 

11   would listen to both sides.  

12                And later I learned his background.  

13   In his background he worked for the Legal Aid 

14   Society, he moved up into private practice, he 

15   became a Supreme Court judge where he heard a 

16   very, very politically controversial case in 

17   New York City and got a lot of heat over it but 

18   held his course and I believe made the right 

19   decision.

20                And I'm just proud to have known 

21   him.  I got to know him better once he became a 

22   Court of Appeals judge.  And it's just a terrible 

23   thing, a terrible loss that we've experienced in 

24   the State of New York by losing this great jurist 

25   and great person.


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 1                So I wholeheartedly endorse this 

 2   resolution, and I'm very proud to vote aye at the 

 3   appropriate time.  

 4                Thank you, Mr. President.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   DeFrancisco, thank you.

 7                Senator Ruth Hassell-Thompson.

 8                SENATOR HASSELL-THOMPSON:   Thank 

 9   you, Mr. President.  

10                I rise to congratulate my colleague 

11   on bringing forth the resolution for Justice 

12   Ted.  

13                He was the first judge -- I remember 

14   serving with Senator DeFrancisco on that 

15   committee, and I really was concerned because we 

16   really almost interrogated him.  There were so 

17   many questions that were asked of him at his 

18   nomination.  

19                But I was very proud of the way he 

20   handled himself, and I was also proud of the fact 

21   that it was the first African-American justice 

22   that I had the opportunity to vote for and to 

23   make a recommendation for.  And he never allowed 

24   himself to let down the people who had faith in 

25   him.  


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 1                And I remember one of the cases that 

 2   came before his court that I had some real angst 

 3   about, because my husband used to work for the 

 4   Transit Authority and I remember when they did 

 5   that strike and Roger Toussaint went to prison.  

 6   And so I'm saying, Gee, you know, here are two 

 7   men that I revere and like, and yet they were at 

 8   cross-purposes.  

 9                But that's what life brings you to 

10   sometimes.  And the decisions that he made were 

11   the ones that I think he believed were fair and 

12   correct.  

13                But he was an awesome person to our 

14   community as a whole, and he certainly brought, 

15   as Senator DeFrancisco says, he brought a lot of 

16   class I thought to the bench.

17                And thank you for the opportunity to 

18   say a few words on behalf of him and a family who 

19   will be devastated for a very long time at the 

20   loss of a true father and an upstanding man for 

21   the community in which he lived and beyond.

22                ACTING PRESIDENT GRIFFO:   Thank 

23   you, Senator Hassell-Thompson.

24                The resolution was adopted on 

25   Tuesday, January 15th, unanimously.


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 1                I would ask all the members to 

 2   please rise in a moment of silence as we remember 

 3   the late Justice Theodore T. Jones of the 

 4   New York State Court of Appeals.

 5                (Whereupon, the assemblage rose and 

 6   respected a moment of silence.)

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Libous.

 9                SENATOR LIBOUS:   Mr. President, the 

10   resolution was previously adopted, but the 

11   sponsor would like to open this up to all the 

12   members for cosponsorship.  

13                So as we normally do here in the 

14   chamber, all members will be placed on the 

15   resolution.  Unless for some reason you choose 

16   not to have your name added, and then please let 

17   the desk know.

18                ACTING PRESIDENT GRIFFO:   So noted.

19                The resolution is open for 

20   cosponsorship.  Please notify the desk if you do 

21   not want to be a cosponsor.  

22                SENATOR LIBOUS:   Thank you, 

23   Mr. President.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Libous.


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 1                SENATOR LIBOUS:   I believe there's 

 2   a resolution at the desk by Senator Perkins, 

 3   Number 228.  And may we please have the 

 4   resolution read in its entirety and then we'll 

 5   move for its adoption, and I would assume that 

 6   Senator Perkins would wish to speak on the 

 7   resolution.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Secretary will read.

10                THE SECRETARY:   Legislative 

11   Resolution Number 228, by Senator Perkins, 

12   commemorating the 150th Anniversary of the 

13   Emancipation Proclamation.  

14                "WHEREAS, It is the sense of this  

15   Legislative Body to commemorate significant 

16   events which represent turning points in our 

17   unique history and which are indelibly etched in 

18   the saga of our great nation; and 

19                "WHEREAS, Attendant to such concern, 

20   and in full accord with its long-standing  

21   traditions, this Legislative Body is justly proud 

22   to commemorate the 150th Anniversary of the 

23   Emancipation Proclamation; and 

24                "WHEREAS, On January 1, 1863, 

25   Abraham Lincoln presided over the annual White 


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 1   House New Year's reception.  Late that afternoon, 

 2   he retired to his study to sign the 

 3   Emancipation Proclamation; and 

 4                "WHEREAS, The Emancipation 

 5   Proclamation arose from many causes and was the 

 6   work of many individuals.  It began at the outset  

 7   of the Civil War, when slaves sought refuge 

 8   behind Union lines, and did not end until 

 9   December 1865, with the ratification of the 

10   13th Amendment, which irrevocably abolished 

11   slavery throughout the nation; and 

12                "WHEREAS, A crucial turning point in  

13   history, the Emancipation Proclamation embodied a 

14   double emancipation:  for the slaves, since it 

15   ensured that if the Union emerged victorious, 

16   slavery would perish; and for Abraham Lincoln 

17   himself, for whom it marked the abandonment of 

18   his previous assumptions about how to abolish 

19   slavery and the role blacks would play in 

20   post-emancipation American life; and 

21                "WHEREAS, The Emancipation 

22   Proclamation marked a dramatic transformation in 

23   the nature of the Civil War and in Abraham 

24   Lincoln's own approach to the problem of slavery, 

25   as no longer did he seek the consent of 


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 1   slave holders; and 

 2                "WHEREAS, Within the Emancipation 

 3   Proclamation, Abraham Lincoln addressed blacks 

 4   directly, not as property subject to the will of 

 5   others, but as men and women whose loyalty the 

 6   Union must earn; and 

 7                "WHEREAS, For the first time, 

 8   Abraham Lincoln welcomed black soldiers into the 

 9   Union Army.  Over the next two years, some 

10   200,000 black men would serve in the Army and 

11   Navy, playing a critical role in achieving Union 

12   victory; and 

13                "WHEREAS, Abraham Lincoln also urged 

14   freed slaves to go to work for reasonable wages 

15   in the United States; and 

16                "WHEREAS, From the first days of the 

17   Civil War, slaves had acted to secure their own 

18   liberty.  The Emancipation Proclamation confirmed  

19   their insistence that the war for the Union must 

20   become a war for freedom; and 

21                "WHEREAS, The Emancipation 

22   Proclamation added moral force to the Union cause 

23   and strengthened the Union both militarily and  

24   politically.  As a milestone along the road to 

25   slavery's final destruction, the Emancipation 


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 1   Proclamation has assumed a place among the great  

 2   documents of human freedom; now, therefore, be it 

 3                "RESOLVED, That this Legislative 

 4   Body pause in its deliberations to commemorate 

 5   the 150th Anniversary of the Emancipation 

 6   Proclamation."

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Perkins.

 9                SENATOR PERKINS:   Mr. President, 

10   this past weekend I was in Washington, D.C., 

11   celebrating with my wife one of the most 

12   monumental moments in our country's history, the 

13   second inauguration of President Barack Obama.  

14   As the first elected official in New York State 

15   to endorse President Obama in 2007, this event 

16   was especially moving for me.  

17                Today, however, I stand before you 

18   to celebrate another significant event in our 

19   country's history.  One hundred and fifty years 

20   ago, Abraham Lincoln asserted the equality of 

21   African-Americans in the United States through 

22   the signing of the Emancipation Proclamation.  

23                Our nation was at a seemingly 

24   irreversible tipping point, Confederate and Union 

25   soldiers spilling the blood of thousands of 


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 1   Americans to establish state's rights versus the 

 2   collective betterment.  

 3                The Emancipation Proclamation 

 4   acknowledged blacks as more than shackled labor, 

 5   but as whole individuals, as men and women who 

 6   could fight for this country and choose their own 

 7   pathways.  

 8                This courageous act on the part of 

 9   Abraham Lincoln, who faced opposition from both 

10   sides as to whether he should incorporate blacks 

11   into the American fabric post-slavery inspired 

12   and continues to inspire in all of us the courage 

13   to be our better selves, to listen to the voices 

14   of the oppressed and to fight for their rights.  

15                Women's suffrage, the civil rights 

16   movement, and the movement for equal marriage 

17   rights have all stemmed from Lincoln's assertion 

18   that no matter what creed, gender or preference, 

19   we are all equal under the law.  Great people who 

20   have touched our lives -- such as Dr. Martin 

21   Luther King, Jr., Medgar Evers, President 

22   Kennedy, Barack Obama -- have continued Lincoln's 

23   legacy of promoting civil rights and justice for 

24   all people.  

25                Today I urge my colleagues in the 


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 1   Senate to acknowledge and uphold the tenets 

 2   surrounding the Emancipation Proclamation not 

 3   only through thoughts but through actions, to 

 4   hold ourselves accountable for the unheard voices 

 5   of our constituents and act under the goals of 

 6   fairness and equality.  

 7                Thank you.

 8                ACTING PRESIDENT GRIFFO:   Thank 

 9   you, Senator Perkins.

10                Senator Hassell-Thompson.

11                SENATOR HASSELL-THOMPSON:   Thank 

12   you, Mr. President.  

13                I too went to the inaugural this 

14   year.  And the position of where I was sitting 

15   allowed me to turn around and look behind me, and 

16   you can't imagine what the sight of one million 

17   people looks like in an orderly congregation.  

18                But it was awesome, and to have 

19   celebrated so many events on the same day -- the 

20   birth of Dr. King, the inauguration of my 

21   president, and the 150th anniversary of the 

22   Emancipation Proclamation.  

23                It was interesting that I watched 

24   the movie Lincoln the night before.  And I had 

25   read two years ago the book Team of Rivals from 


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 1   which the movie came.  And I watched the 

 2   struggle, and that struggle didn't seem very much 

 3   different than the struggle that we have here in 

 4   this chamber, every day, fighting to keep rights 

 5   of people from being rolled back.  

 6                It is important to us, particularly 

 7   as we come to this hallmark of the celebration of 

 8   the Emancipation Proclamation, as a woman of 

 9   African heritage to be able to stand here in 

10   these chambers with a sense of pride and an 

11   understanding of the obligation that I continue 

12   to have to invoke policies that move us toward 

13   the freedom to which we are all entitled.

14                Senator Perkins talked about the 

15   fact that the Emancipation Proclamation was the 

16   door-opener.  And it is and has been for every 

17   immigrant group who has come to this country, and 

18   to everyone who maybe appeared different in the 

19   eyes of other people.

20                And America continues to be a place 

21   that people want to come because there is the 

22   illusion of freedom.  It is our job as we stand 

23   here every day to make it a reality.  At this 

24   moment, it's still only a virtual.  We must work 

25   harder to make sure that every document of the 


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 1   Constitution is held sacred.

 2                Thank you, Mr. President.

 3                ACTING PRESIDENT GRIFFO:   Thank 

 4   you, Senator Hassell-Thompson.

 5                Senator Maziarz.

 6                SENATOR MAZIARZ:   Thank you very 

 7   much, Mr. President.  

 8                I rise in support of this 

 9   resolution.  

10                And just a little anecdotal story 

11   here, that the State of New York actually has in 

12   its possession an original copy of President 

13   Lincoln's Emancipation Proclamation.  You know, I 

14   think there were three of them that he drafted in 

15   different forms.  And one, through a story that's 

16   much too long to tell now, ended up in the 

17   possession of the New York State Archives.  

18                And Governor Spitzer, when he first 

19   took office, for the first time ever actually put 

20   on public display that Emancipation Proclamation 

21   in the Red Room right downstairs.  And he opened 

22   it up for members of the Legislature, the 

23   Assembly and the Senate, to go down and view it.  

24                And I have to tell you that not very 

25   many members did that, except Senator Libous, 


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 1   myself, Senator DeFrancisco, and Senator Griffo.  

 2   Senator Lanza.  Now all of a sudden everybody 

 3   did.  

 4                (Laughter.)

 5                SENATOR MAZIARZ:   But be that as it 

 6   may -- however -- however -- however, when 

 7   Governor Spitzer opened it up to the public, it 

 8   was on a Sunday.  And I come up here on Sunday 

 9   afternoons, and the line was around this building 

10   to see it.  

11                If Governor Cuomo is listening -- 

12   and he's always listening --

13                (Laughter.)

14                SENATOR MAZIARZ:   -- I would 

15   suggest maybe that the Governor may want to 

16   consider doing something like that again.  

17                It is a remarkable document.  

18   President Lincoln -- you know, you see those 

19   reprints of it and you can hardly read them.  

20   President Lincoln's penmanship was perfect.  And 

21   he had sent it to Secretary Seward for 

22   corrections, and you can see where Secretary 

23   Seward crossed out some of Lincoln's writing and 

24   then he would initial it, "William Henry 

25   Seward."  


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 1                So a little story.  Thank you.  I 

 2   rise in support of it.

 3                ACTING PRESIDENT GRIFFO:   Thank 

 4   you, Senator Maziarz.

 5                SENATOR MAZIARZ:   Oh, and Senator 

 6   Robach was there too.

 7                (Laughter.)

 8                ACTING PRESIDENT GRIFFO:   It was a 

 9   pleasure viewing with you.

10                Senator Krueger.

11                Can I have some order in the 

12   chamber, please.

13                SENATOR KRUEGER:   Thank you, 

14   Mr. President.  

15                I also rise to congratulate my 

16   colleagues for recognition of the Emancipation 

17   Proclamation and the importance of what it meant 

18   to this country and the recognition, as my 

19   colleague Ruth Hassell-Thompson pointed out, that 

20   we take steps in this country and we still have 

21   farther to go.  And she pointed out the pride she 

22   has in the accomplishments of emancipation and 

23   equal rights and equality for African-Americans 

24   in this country.

25                I had a resolution that is not on 


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 1   the calendar today honoring the 40th anniversary 

 2   of Roe v. Wade, which also was a giant step in 

 3   this country for women's equality and family 

 4   equality, which I think should have been 

 5   recognized in the Resolution Calendar today and 

 6   I'm disappointed it was not.  

 7                But again, this is a road to 

 8   emancipation for us all in this country.  And 

 9   proudly, the State of New York recognized women's 

10   rights to make their own decisions even earlier 

11   than Roe v. Wade.  So this country, like my 

12   colleagues just discussing Mr. Lincoln and 

13   emancipation, this state has a proud history and 

14   a proud future going forward, with some bumps in 

15   the road, it appears.  

16                Thank you, Mr. President.

17                ACTING PRESIDENT GRIFFO:   Thank 

18   you, Senator Krueger.

19                The question is on the resolution. 

20   All in favor signify by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT GRIFFO:   Opposed?  

23                (No response.)

24                ACTING PRESIDENT GRIFFO:   The 

25   resolution is adopted.


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 1                Senator Libous.

 2                SENATOR LIBOUS:   Mr. President, 

 3   Senator Perkins would like to open this up to all 

 4   members.  

 5                And certainly, as I've mentioned and 

 6   will mention more frequently on this floor as we 

 7   move through the legislative session, you will 

 8   all be placed on the resolution.  If for any 

 9   reason at all you wish not to be placed on the 

10   resolution, please let the desk know. 

11                ACTING PRESIDENT GRIFFO:   So noted.  

12                The resolution is open to 

13   cosponsorship, and please let the desk know if 

14   you do not want to be a cosponsor. 

15                Senator Libous.

16                SENATOR LIBOUS:   Mr. President, 

17   there is a another resolution that we passed this 

18   morning on the Resolution Calendar by 

19   Senator Larkin, Resolution 259.  

20                He too would like to open that up 

21   for cosponsorship.  And we will do so.  And if 

22   members would just look at the 

23   Resolution Calendar.  If they have an issue with 

24   it, then let the desk know.  But I don't believe 

25   you will have an issue with it.  But that's not 


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 1   for me to determine, that's for you to determine.

 2                ACTING PRESIDENT GRIFFO:    

 3   Resolution 259 is open for cosponsorship.  If you 

 4   choose not to, please notify the desk.

 5                Senator Libous.

 6                SENATOR LIBOUS:   Mr. President, is 

 7   there any further business at the desk?  

 8                ACTING PRESIDENT GRIFFO:   There is 

 9   currently no further business before the desk.

10                SENATOR LIBOUS:   Okay.  I would ask 

11   members to listen very carefully as to the 

12   announcements that are going to take place.

13                First off, there will be an 

14   immediate Health Committee meeting in Room 124, 

15   Health Committee meeting in Room 124.  

16                The Health Committee was handed up 

17   yesterday.  So members who may not know if 

18   they're on the Health Committee, just check with 

19   the desk and they will inform them.

20                That will be immediately following 

21   session.  Or right now off the floor, but we're 

22   going to end session anyway.

23                We are not going to adjourn.  We are 

24   going to stand at ease.  But members need not be 

25   around.  And for the members' information, the 


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 1   Senate will, after it adjourns later today, will 

 2   reconvene on Monday, January 28th, at 3:00 p.m., 

 3   intervening days being legislative days.  

 4                Mr. President, will you call on 

 5   Senator DeFrancisco for purposes of an 

 6   announcement.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   DeFrancisco.

 9                SENATOR DeFRANCISCO:   Just a brief 

10   announcement.  We're on sort of an expedited 

11   schedule this year.  The budget hearings start 

12   Monday.  Everyone should have a calendar.  And we 

13   will follow the same rules as we did the last 

14   couple of years.

15                Thank you.

16                ACTING PRESIDENT GRIFFO:   Thank 

17   you, Senator DeFrancisco.  So noted.

18                Senator Libous.

19                SENATOR LIBOUS:   Mr. President, in 

20   the spirit of full disclosure, because I saw some 

21   looks on faces on both sides of the aisle, the 

22   reason why we are standing at ease is that the 

23   leaders are finishing up committee assignments.  

24                We would like to hand up those 

25   committee assignments today so the committees can 


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 1   be full-functioning on Monday or even 

 2   beforehand.  And so that's why the Senate will 

 3   stand at ease and not adjourn.  

 4                But I believe a member of each 

 5   conference will be here to adjourn the session 

 6   later on today once those committee 

 7   assignments are handed up.

 8                So, Mr. President, at this time 

 9   could the Senate please stand at ease.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Libous, we will renote that there's an immediate 

12   meeting of the Health Committee in Room 124.  

13                The Senate will stand at ease, but 

14   we'll reconvene on Monday the 28th at 3:00 p.m. 

15                The Senate is at ease in 

16   anticipation of hand-up of committee 

17   assignments.  The Senate stands at ease.

18                (Whereupon, the Senate stood at ease 

19   at 11:41 a.m.)

20                (Whereupon, the Senate reconvened at 

21   5:55 p.m.)

22                ACTING PRESIDENT MARCHIONE:   The 

23   Senate will come to order.

24                Senator Savino.

25                SENATOR SAVINO:   Madam President, 


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 1   Senator Klein and Senator Skelos hand up the 

 2   following committee assignments and ask that such 

 3   assignments be filed in the Journal.

 4                ACTING PRESIDENT MARCHIONE:   So 

 5   ordered.

 6                Senator Savino.

 7                SENATOR SAVINO:   Madam President, 

 8   is there any other business at the desk?  

 9                ACTING PRESIDENT MARCHIONE:    There 

10   is no further business.

11                SENATOR SAVINO:   There being no 

12   further business, I move that we adjourn until 

13   Monday, January 28th, at 3:00 p.m., intervening 

14   days being legislative days.

15                ACTING PRESIDENT MARCHIONE:   On 

16   motion, the Senate stands adjourned until Monday, 

17   January 28th, at 3:00 p.m., intervening days 

18   being legislative days.

19                (Whereupon, at 5:45 p.m., the Senate 

20   adjourned.)

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