ALBANY — One the eve of the Senate leadership vote, the prodigal sons of the Senate Democrats have returned home and Senate Democratic Leader Malcolm Smith is poised to take over leadership of the chamber.
The so-called "Gang of Three" stood with the Senate Democratic conference as Smith announced Tuesday night that he had the 32 votes required to be elected Senate majority leader, putting Democrats in control of the chamber for the first time in over 40 years.
If Smith is elected today, as expected, Democrats will control both the executive and legislative branches of state government for the first time since the New Deal.
"This was not easy. It was not easy because the members of our conference have not been in charge for over 40 years ... everybody is very passionate about their concerns," Smith said of the challenge in garnering the 32 votes.
The three rogue Democrats have held the Senate hostage since Democrats won the majority in November by withholding their support of Smith.
After months of negotiation, which included a deal that imploded in December, Smith and the three renegade Democrats have reached an accord that includes powerful committee chairmanships and a possible "understanding" over the future of same-sex marriage bill in the Senate.
Sen. Carl Kruger, the ringleader of the dissident Democrats, will be appointed chairman of the Finance Committee, a post that adds $34,000 to his $79,500 legislative salary. The committee will for the first time in 14 years have its own budget of about $6 million that will be controlled by Kruger and Sen. Liz Krueger, who will fill the newly created position of vice-chair, Smith said. The $6 million separate line item was placed into the Senate budget by Republicans in November.
Sen. Pedro Espada will be appointed chairman of the Housing, Construction and Community Development committee, which carries $12,500 in additional salary. In addition, he will be vice chair of the Rules Committee and the newly created vice president of the Senate for Urban Policy.
Sen. Ruben Diaz Sr. will become chair of the Aging Committee and is expected to have a leadership role in the newly created Senate Latino caucus. The post pays $12,500 additional.
While Kruger and Espada's demands have focused primarily on leadership positions throughout the course of negotiations with both Democrats and Republicans, Diaz's primary issue has been one of policy — the proposed legalization of same-sex marriage. Diaz, a Pentecostal minister, has consistently said he would not support a Senate majority leader who would allow a vote to legalize same-sex marriage.
The Senate is the final hurdle for the legalization of same-sex marriage in the state. The Assembly passed a bill in 2007 and Gov. David Paterson has said he would sign the bill into law.
Smith initially agreed to keep any bill legalizing same-sex marriage off the floor in his initial deal with the "gang." But when the deal fell apart in December, Smith declared that "real reform cannot and should not ever include limiting the civil rights of any New Yorkers. Those issues must be part of the legislative process."
When asked about whether there was an agreement made about the issue of same-sex marriage, Senate Democratic Leader Malcolm Smith was evasive, saying only that there was "no discussion on that issue" during Tuesday's meeting with conference members.
Diaz looked visibly upset as Smith made the statement. Diaz told reporters after the news conference that he was upset because there had been discussion about the issue, contrary to Smith's statement.
"I'm comfortable with whatever is going to happen," said Diaz over the fate of same-sex marriage in the Senate. When asked what the agreement was, he would not elaborate, saying only, "I'm satisfied that everything is under control."
Smith said he was hopeful for what he described as a "very exciting period" for the state. But he also asked New Yorkers to be patient as the Senate Democrats ascend to leadership.
"Give us some time. It took us 40 years to get here. We want to make sure we get this right," Smith said.
Staff writer Irene Jay Liu can be reached at 454-5081 or iliu@timesunion.com.



