Regular Session - May 24, 2010
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 24, 2010
11 4:26 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR CRAIG M. JOHNSON, Acting President
19 ANGELO J. APONTE, Secretary
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21
22
23
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT CRAIG JOHNSON:
3 The Senate will please come to order.
4 I ask everyone present to rise and
5 recite with me the Pledge of Allegiance to our
6 Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT CRAIG JOHNSON:
10 In the absence of clergy, may we all bow our
11 heads in a moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT CRAIG JOHNSON:
15 The reading of the Journal.
16 The Secretary will read.
17 THE SECRETARY: In Senate,
18 Sunday, May 23, the Senate met pursuant to
19 adjournment. The Journal of Saturday, May 22,
20 was read and approved. On motion, Senate
21 adjourned.
22 ACTING PRESIDENT CRAIG JOHNSON:
23 Without objection, the Journal stands approved
24 as read.
25 Presentation of petitions.
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1 Messages from the Assembly.
2 Messages from the Governor.
3 Reports of standing committees.
4 Reports of select committees.
5 Communications and reports from
6 state officers.
7 Motions and resolutions.
8 Senator Klein.
9 SENATOR KLEIN: Mr. President, I
10 believe there's a substitution at the desk. I
11 ask that we make the substitution at this
12 time.
13 ACTING PRESIDENT CRAIG JOHNSON:
14 The Secretary will read.
15 THE SECRETARY: On page 34,
16 Senator Stavisky moves to discharge, from the
17 Committee on Higher Education, Assembly Bill
18 Number 9959 and substitute it for the
19 identical Senate Bill Number 6809, Third
20 Reading Calendar 542.
21 ACTING PRESIDENT CRAIG JOHNSON:
22 Substitution ordered.
23 Senator Klein.
24 SENATOR KLEIN: Mr. President, I
25 believe there's a resolution at the desk by
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1 Senator Thompson. I ask that the title of the
2 resolution be read and move for its immediate
3 adoption.
4 ACTING PRESIDENT CRAIG JOHNSON:
5 Senator Klein, has this resolution been deemed
6 privileged and submitted by the office of the
7 Temporary President?
8 SENATOR KLEIN: Yes, it has,
9 Mr. President.
10 ACTING PRESIDENT CRAIG JOHNSON:
11 The Secretary will read.
12 THE SECRETARY: By Senator
13 Thompson, legislative resolution commending
14 Boys and Girls Clubs across the State of
15 New York for the outstanding service they
16 provide young people and their families.
17 ACTING PRESIDENT CRAIG JOHNSON:
18 Senator Thompson.
19 SENATOR THOMPSON: Yes, thank
20 you, Mr. President. You look good up there
21 too.
22 Let me first thank you for, one,
23 recognizing me.
24 The New York State Senate is
25 pleased to recognize the Boys and Girls Clubs
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1 of New York State for the valuable
2 contributions they make to the young people of
3 the state. And they are here today, and I
4 think we should give them a round of applause
5 for all of these 35 young people.
6 (Applause.)
7 SENATOR THOMPSON: The Boys and
8 Girls Clubs provide services for over 250,000
9 school-aged youth in 59 cities across New York
10 State. Their goal is to inspire all young
11 people, especially those from disadvantaged
12 backgrounds, to help them realize their full
13 potential as productive, responsible, and
14 caring citizens.
15 The areas of focus and
16 encouragement include character and leadership
17 development, education and career advancement,
18 health and life skills development. They
19 encourage appreciation for the arts and
20 provide programs in sports, fitness and
21 recreation.
22 Their programs promote a better
23 self-image and improved education. They also
24 include social emotional and cultural
25 awareness. They encourage community
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1 involvement, strong moral values, and enhanced
2 life management skills.
3 Today there are 35 nominees for the
4 New York State Youth of the Year in the
5 gallery. Tomorrow, one will be chosen to
6 represent New York State in the national Youth
7 of the Year contest for the Boys and Girls
8 Clubs of America.
9 I'd like to also recognize two
10 young people today that are from my district:
11 Janiece Arties, City of Buffalo Masten
12 Clubhouse -- which I used to live around the
13 corner from -- and also Dolores Pereia, from
14 Niagara Falls as well.
15 So I'd like to congratulate all 35
16 of these beautiful young people. You look so
17 precious. And we're glad that you are here
18 today. Thank you.
19 (Applause.)
20 ACTING PRESIDENT CRAIG JOHNSON:
21 Senator Foley.
22 SENATOR FOLEY: Thank you,
23 Mr. President.
24 I also rise to commend the Boys and
25 Girls Clubs throughout the State of New York.
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1 Particularly in the Third Senatorial District,
2 the Boys and Girls Clubs have played a very,
3 very important role in their particular
4 neighborhoods.
5 And I look forward to the day very
6 soon where a new center will be constructed in
7 the Bellport community that has been waiting
8 over 30 years for a new center. And this is
9 something that the community, the school
10 district, my office and others have worked on
11 over a period of time. And it's emblematic,
12 if you will, of how the Boys and Girls Club
13 continues to meet the needs of the
14 communities.
15 So again, we'd like to thank you
16 and welcome you to Albany. And again, those
17 of us in our component senatorial districts
18 know full well just how important the Boys and
19 Girls Clubs have been to the youth of our
20 state.
21 Thank you very much, Mr. President.
22 ACTING PRESIDENT CRAIG JOHNSON:
23 Are there any other Senators wishing to be
24 heard on the resolution?
25 Seeing none, the question is on the
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1 resolution. All those in favor please signify
2 by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT CRAIG JOHNSON:
5 Opposed, nay.
6 (No response.)
7 ACTING PRESIDENT CRAIG JOHNSON:
8 The resolution is adopted.
9 Senator Thompson has indicated he
10 would like to open the resolution up for
11 cosponsorship by the entire house. Any
12 Senator wishing not to be on the resolution
13 please notify the desk.
14 Senator Klein.
15 SENATOR KLEIN: Mr. President, I
16 believe there's a resolution at the desk by
17 Senator Libous. I ask that the resolution be
18 read in its entirety and move for its
19 immediate adoption.
20 ACTING PRESIDENT CRAIG JOHNSON:
21 Senator Klein, has this resolution been deemed
22 privileged and submitted by the office of the
23 Temporary President?
24 SENATOR KLEIN: Yes, it has,
25 Mr. President.
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1 ACTING PRESIDENT CRAIG JOHNSON:
2 The Secretary will read.
3 THE SECRETARY: By Senator
4 Libous, legislative resolution commending
5 President Lois B. DeFleur upon the occasion of
6 her retirement after many years of
7 distinguished service to Binghamton
8 University.
9 "WHEREAS, New York State's
10 commitment to higher education is
11 unparalleled. Its history and stature are
12 secured by the superlative caliber of its
13 educational professionals and the students
14 they inspire; and
15 "WHEREAS, It is the sense of this
16 Legislative Body to acknowledge the
17 significant milestones in the distinguished
18 careers of those outstanding educational
19 leaders whose dedications and achievements
20 have been instrumental in developing character
21 and academic excellence in the young people of
22 New York State; and
23 "WHEREAS, Attendant to such
24 concern, and in full accord with its
25 long-standing traditions, this Legislative
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1 Body is justly proud to commend Binghamton
2 University President Lois B. DeFleur upon the
3 occasion of her retirement after many years of
4 distinguished service in education. She will
5 officially retire in July of 2010; and
6 "WHEREAS, Over her 20 years as
7 president of Binghamton University, Lois B.
8 DeFleur has had an impressive influence on the
9 campus, the Southern Tier, the SUNY system and
10 higher education in general; and
11 "WHEREAS, Spanning two decades,
12 President Lois B. DeFleur's continuity of
13 stewardship and her clarity of vision have
14 helped accelerate Binghamton University's
15 transition from the small liberal arts college
16 that it was in a former life into a university
17 center in the SUNY system, prized for its
18 graduate studies, research programs, and range
19 of professional degrees offered by its six
20 schools and colleges; and
21 "WHEREAS, Binghamton University was
22 ranked the 2009-2010 fifth best value upon
23 among public colleges by Kiplinger, ranked
24 among the nation's top 50 public universities
25 for 13 consecutive years by U.S. News and
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1 World Report, and ranked number two in the
2 nation for its graduate accounting program by
3 Business Week; and
4 "WHEREAS, with about 15,000
5 students, successful advancement from Division
6 III to Division I athletic programs, and the
7 addition of several new buildings and
8 programs, including the Binghamton University
9 Events Center, the Engineering and Science
10 Building, and the University Downtown Center,
11 Binghamton University has become a major
12 influence on the Southern Tier as well as a
13 major employer; and
14 "WHEREAS, Binghamton University has
15 partnered on many projects with organizations
16 from the private sector, including BAE
17 Systems, Corning Incorporated, Endicott
18 Interconnect, General Electric, IBM and
19 Lockheed Martin; and
20 "WHEREAS, On August 13, 1990, when
21 Lois B. DeFleur became president of Binghamton
22 University, she was one of the first women in
23 the nation to hold such a position, and, as a
24 role model, helped pave the way for others of
25 her gender to aspire to one day sit in a CEO
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1 or college president chair; and
2 "WHEREAS, Educators like Lois B.
3 DeFleur provide a tremendous service to the
4 future of our state and nation, inspiring
5 generations of young people in their
6 educational journeys and ensuring their
7 success in their future years; and
8 "WHEREAS, It is the sense of this
9 Legislative Body to commend the efforts of
10 those individuals who work to support our
11 proud tradition of public higher education by
12 providing their skills and talents to our
13 schools; now, therefore, be it
14 "RESOLVED, That this Legislative
15 Body pause in its deliberations to commend
16 Binghamton University President Lois B.
17 DeFleur upon the occasion of her retirement
18 after many years of with distinguished service
19 in education, and to wish her continued
20 success in all her future endeavors; and be it
21 further
22 "RESOLVED, That copies of this
23 resolution, suitably engrossed, be transmitted
24 to President Lois B. DeFleur."
25 ACTING PRESIDENT CRAIG JOHNSON:
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1 Senator Libous.
2 SENATOR LIBOUS: Thank you,
3 Mr. President.
4 Before I make my comments, I want
5 to welcome President DeFleur and her fiance,
6 Jim McGorry, and members of the council and
7 certainly some of her staff who are with us in
8 the gallery today.
9 And it brings me great honor to
10 stand on this floor today and honor President
11 DeFleur. She has done so much not only for
12 this great university, but for our community,
13 and I just don't know where to start.
14 And as you mentioned in your
15 resolution as it was read, we can first start
16 with the campus, in its growth and its
17 buildings -- whether we talk about the new
18 Downtown Center, the Events Center, the Decker
19 Nursing Center, student housing complexes --
20 with over $1 billion in capital growth in her
21 20 years as president.
22 That's pretty impressive,
23 Mr. President, to be able to look back after
24 20 years and to know that a billion dollars
25 was invested in this facility, this beautiful
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1 campus, through President DeFleur, through her
2 vision, through her commitment, through her
3 dedication, through her energy and through her
4 hard work, through her passion and
5 never-ending devotion to the students and the
6 faculty of that university.
7 I asked her earlier today, I said,
8 "What was the success what made Binghamton
9 University during your tenure the great
10 university that it is?" And she said,
11 "Quality." The quality of her student body,
12 the quality of her staff and administration,
13 and the quality of the faculty.
14 And I would have to agree with
15 that. I've had the honor of working with
16 President DeFleur over the last 20 years, and
17 certainly her staff -- some of whom are here
18 today, members of the council, who are very
19 dedicated community leaders -- and quality
20 does continue to come up when we look at the
21 growth of this great university.
22 You mentioned in the resolution,
23 Mr. President, that Kiplinger's mentioned
24 Binghamton University as a best value. U.S.
25 News and World Report, 13 years straight,
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1 recognized it as one of the 50 best public
2 universities. That doesn't come without a lot
3 of work, a lot of hard work and effort, and
4 certainly passion and dedication.
5 If I think back and look at some of
6 the accomplishments that President DeFleur has
7 had upon this university, there are so many
8 that I could just pick a couple.
9 One was a decision she made to take
10 the university in 1999 -- something that she
11 had planned for and had vision -- in athletics
12 from Division III to Division I. That really
13 helped us in many, many ways, not only as a
14 community, but with the quality of education
15 at Binghamton University, now to have a
16 Division I athletics team. And what many
17 people don't realize is that is during that
18 Division I time period, we have won some
19 18 championships in the American East through
20 our various athletic programs.
21 The Events Center that was built to
22 house many of the athletic programs not only
23 became part of the campus, but it became part
24 of the community. Not only for concerts and
25 other great events, but in 2006 many of you
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1 may recall that the Southern Tier area was
2 devastated by floods. During that period,
3 many, many people lost their homes.
4 Immediately, President DeFleur took the normal
5 leadership role that she has always taken in
6 our community, beyond the campus that she ran,
7 and opened up the Events Center so that over
8 3,000 people would have a place to sleep,
9 would have a place to eat, and would have a
10 place that they could call their home during a
11 time that they had lost everything.
12 Many of them, as the president
13 mentioned, toward the end, when we were
14 relocating people with the Red Cross, wanted
15 to stay. She said they wanted to stay because
16 they were getting taken care of very, very
17 well.
18 And that's the kind of person Lois
19 DeFleur is. It goes beyond the bricks and
20 mortar of a fantastic campus, a beautiful
21 facility that's nestled in the Southern Tier
22 area. But she made the college a very vibrant
23 part of the community, she made it a
24 comfortable part of the community, so that the
25 community could share with the college and the
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1 college could share with the community.
2 That's something, President
3 DeFleur, before you came to Binghamton, didn't
4 happen. And that was a very, very special
5 talent and trait that you brought.
6 I am going to miss you, just like
7 the community will miss you. I will miss our
8 spirited discussions on the direction of
9 Binghamton University, in which you were
10 always right and I learned from you. I will
11 miss the excitement at the BU basketball
12 games, in which I had the honor and pleasure
13 of sitting next to the president and every
14 once in a while getting one of those elbows
15 that she used to throw when she played
16 basketball in college. And I will miss those,
17 Lois, I will miss those.
18 But most of all, it's what the
19 community will miss and what this state will
20 miss. We will miss your vision, we will miss
21 your passion, and we will miss the leadership
22 that has brought this campus to a position
23 that has never been better before, to continue
24 to grow. And we, as a community and as a
25 state, say thank you.
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1 ACTING PRESIDENT CRAIG JOHNSON:
2 Senator Smith.
3 SENATOR SMITH: Thank you very
4 much, Mr. President.
5 Let me stand on the floor and join
6 my colleague Senator Libous. On my election
7 back in 2000, one of my first introductions to
8 the president of a State University in this
9 state was through Senator Libous, which was
10 President DeFleur.
11 My mistake -- and I say this at the
12 risk of getting Toby Stavisky a little
13 concerned -- is that I thought every State
14 University president would be the same.
15 However, as I have grown to travel around this
16 state -- and that is not to indicate that
17 there are other State University presidents in
18 our SUNY system that are not good -- I found
19 out very quickly that she was great.
20 My one concern that I have, and I
21 have to confess this, is that she's retiring.
22 I don't know if those young people who
23 attended Binghamton University, many of which
24 have gone on to become professionals and are
25 contributing to this great state and country,
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1 the unfortunate thing is there will be many
2 others who won't have the same leadership at
3 the helm of that university that you put your
4 life into.
5 Senator Libous talked about how the
6 campus has grown, what you have done. I can
7 recall reading so many articles where, as much
8 as we are enamored with Harvard University, so
9 many people have called Binghamton the Harvard
10 University of the State University system.
11 And I think that is a leadership explanation
12 bar none.
13 We're going to miss you. And I am
14 proud to stand here, as someone from Queens --
15 which most people are probably saying "What do
16 you know about President DeFleur?" But as I
17 always profess, that this is a One New York
18 legislative body, I stand here because you
19 epitomize that. You've had individuals in
20 your university from all over the state and
21 all over the country. And I'm not sure what
22 their future holds; I know it will be great.
23 But you will be missed.
24 If, in fact, there was a way for us
25 to convince you to do otherwise or to stay,
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1 I'd join Senator Libous in that campaign, a
2 bipartisan announcement right on the floor,
3 and we will do what we can to keep you.
4 I had to come on the floor today
5 because I would have not allowed this
6 resolution to go forward without being able to
7 put my words to it.
8 I congratulate you on your time.
9 We will miss you. I congratulate my friend
10 and colleague Senator Libous for the fine
11 resolution. You could not have chosen a
12 better person to honor today.
13 And I ask all my colleagues to
14 please express your enthusiasm for what she
15 has done. For those of you who do not know
16 her, if you trust my word and you trust
17 Senator Libous's word, which I think you do,
18 you are missing and will be missing a fine
19 president for such a university as Binghamton.
20 And God bless you very much.
21 ACTING PRESIDENT CRAIG JOHNSON:
22 Senator LaValle.
23 SENATOR LaVALLE: Thank you,
24 Mr. President.
25 It's a great pleasure to rise to
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1 join both Senator Libous and Senator Smith in
2 talking about President Lois DeFleur.
3 You know, we have a great State
4 University system. That system, the whole is
5 made up of the sum of its parts. Today we are
6 recognizing and honoring by our words the
7 architect, the president, Lois DeFleur, who
8 has, from 1990 to 2010, much like a builder
9 putting together a quality structure brick by
10 brick and doing it in such a way that it has
11 received, both at the undergraduate level and
12 the graduate level, incredible recognition.
13 As many of you know, it is a very,
14 very rigorous admissions process. And many of
15 us have written letters for some of the most
16 talented students to get into this very, very
17 prestigious university.
18 Besides the academic -- and Tom has
19 talked about the other accomplishments --
20 President Lois DeFleur recognized early on
21 public/private relationships. And when you
22 look at the Southern Tier, you will see that
23 Binghamton University is the nucleus of
24 everything that is great that happens within
25 that region.
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1 We can talk about engineering
2 programs, healthcare programs, we could go on
3 and on. The research and development programs
4 with businesses, key components that provide
5 economic opportunities, job opportunities for
6 people in that region and certainly
7 educational and cultural opportunities for
8 that region.
9 I've watched President DeFleur and
10 her Senator, Senator Libous, come together and
11 work in a very artful, creative, productive
12 way to get things done for that region. And,
13 Lois, you will go down, clearly, as one of the
14 outstanding presidents within the State
15 University of New York system. Anyone who
16 could endure a period of time, with the ups
17 and downs of the economy and other challenges,
18 from 1990 to 2010, that in and of itself
19 speaks volumes.
20 So congratulations to both you and
21 your fiance as you fly around the country. I
22 don't know who the pilot's going to be, but
23 much good luck to both of you.
24 ACTING PRESIDENT CRAIG JOHNSON:
25 Senator Stavisky.
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1 SENATOR STAVISKY: Thank you,
2 Mr. President.
3 President DeFleur came to
4 Binghamton about 20 years ago from the
5 University of Missouri at Columbia, where she
6 was provost, and from Washington State
7 University, where she was the dean of the
8 college of liberal arts.
9 When Dr. DeFleur came to
10 Binghamton, there were very few women
11 presidents, the same way that there are very
12 few women here in the State Senate. And she
13 became a role model for many, many women
14 progressing through the academy, the halls of
15 ivy, or whatever you want to call it.
16 But she has led the way in terms of
17 leading a major research university in the
18 State University of New York. And Binghamton
19 obviously has a long tradition of excellence,
20 a tradition that goes back many, many years.
21 For example, when Dr. DeFleur came
22 to Binghamton, the endowment was $8 million.
23 She's leaving with an endowment of
24 $64 million -- this in a day of economic
25 retrenchments and cuts to higher education.
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1 Professor DeFleur has increased the research,
2 the faculty awards. And she has recognized
3 the relationship between the academic
4 community and the business community.
5 And this, to me, is the future of
6 higher education, to harness the people in the
7 Southern Tier or in the North Country or out
8 on the eastern end of Long Island or in the
9 western parts of Cattaraugus County and bring
10 it into the educational community. This is a
11 relationship that I think, as times are
12 difficult, that we're going to explore even
13 more.
14 In her retirement -- and I know
15 what was said, that she is going to be
16 traveling. And I understand that President
17 DeFleur is a pilot. She pilots her own
18 Comanche 260 airplane. Somebody referred to
19 the ups and downs of the economy; this is the
20 ups and downs of the aircraft.
21 And I hope that you take it on a
22 steady course, a safe course. And you've
23 piloted the university so well for these many,
24 many years, and may you continue to pilot the
25 transport to happiness in your retirement.
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1 Thank you.
2 ACTING PRESIDENT CRAIG JOHNSON:
3 Thank you, Senator Stavisky.
4 Are there any other Senators
5 wishing to be heard on the resolution?
6 Seeing none, the question is on the
7 resolution. All those in favor please signify
8 by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT CRAIG JOHNSON:
11 Opposed, nay.
12 (No response.)
13 ACTING PRESIDENT CRAIG JOHNSON:
14 The resolution is adopted.
15 Senator Klein.
16 SENATOR KLEIN: Mr. President,
17 I'd like to go back to motions.
18 ACTING PRESIDENT CRAIG JOHNSON:
19 Returning to the order of motions and
20 resolutions.
21 Senator Klein.
22 SENATOR KLEIN: On behalf of
23 Senator Stachowski, I move that the following
24 bills be discharged from their respective
25 committees and be recommitted with
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1 instructions to strike the enacting clause:
2 Senate Number 2789 and Senate Number 5652.
3 ACTING PRESIDENT CRAIG JOHNSON:
4 So ordered.
5 Senator Klein.
6 SENATOR KLEIN: On behalf of
7 Senator Parker, on page number 32 I offer the
8 following amendments to Calendar Number 518,
9 Senate Print Number 4291, and ask that said
10 bill retain its place on Third Reading
11 Calendar.
12 ACTING PRESIDENT CRAIG JOHNSON:
13 So ordered.
14 SENATOR KLEIN: On behalf of
15 Senator Krueger, on page 24 I offer the
16 following amendments to Calendar Number 393,
17 Senate Print Number 5571, and ask that said
18 bill retain its place on Third Reading
19 Calendar.
20 ACTING PRESIDENT CRAIG JOHNSON:
21 So ordered.
22 Senator Klein.
23 SENATOR KLEIN: On behalf of
24 Senator Hassell-Thompson, on page number 18 I
25 offer the following amendments to Calendar
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1 Number 245, Senate Print Number 3754A, and ask
2 that said bill retain its place on Third
3 Reading Calendar.
4 ACTING PRESIDENT CRAIG JOHNSON:
5 So ordered.
6 SENATOR KLEIN: On behalf of
7 Senator Savino, on page number 16 I offer the
8 following amendments to Calendar Number 196,
9 Senate Print Number 2311C, and ask that said
10 bill retain its place on Third Reading
11 Calendar.
12 ACTING PRESIDENT CRAIG JOHNSON:
13 So ordered.
14 Senator Klein.
15 SENATOR KLEIN: On behalf of
16 Senator Duane, on page number 12 I offer the
17 following amendments to Calendar Number 72,
18 Senate Print Number 1352A, and ask that said
19 bill retain its place on Third Reading
20 Calendar.
21 ACTING PRESIDENT CRAIG JOHNSON:
22 So ordered.
23 Senator Klein.
24 SENATOR KLEIN: Mr. President, on
25 behalf of Senator Valesky, I wish to call up
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1 Senate Bill Number 5722, recalled from the
2 Assembly, which is now at the desk.
3 ACTING PRESIDENT CRAIG JOHNSON:
4 The Secretary will read the title of the bill.
5 THE SECRETARY: Calendar Number
6 169, by Senator Valesky, Senate Print 5722, an
7 act to amend the Vehicle and Traffic Law.
8 ACTING PRESIDENT CRAIG JOHNSON:
9 Senator Klein.
10 SENATOR KLEIN: Mr. President, I
11 now move to reconsider the vote by which this
12 bill was passed.
13 ACTING PRESIDENT CRAIG JOHNSON:
14 The Secretary will call the roll on
15 reconsideration.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 58.
18 ACTING PRESIDENT CRAIG JOHNSON:
19 The bill is restored to the Third Reading
20 Calendar.
21 Senator Klein.
22 SENATOR KLEIN: Mr. President, I
23 now offer the following amendments.
24 ACTING PRESIDENT CRAIG JOHNSON:
25 Amendments received.
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1 Senator Klein.
2 SENATOR KLEIN: Mr. President, I
3 wish to call up my bill, Print Number 2490D,
4 recalled from the Assembly, which is now at
5 the desk.
6 ACTING PRESIDENT CRAIG JOHNSON:
7 The Secretary will read the title of the bill.
8 THE SECRETARY: Calendar Number
9 74, by Senator Klein, Senate Print 2490D, an
10 act to amend the Correction Law.
11 ACTING PRESIDENT CRAIG JOHNSON:
12 Senator Klein.
13 SENATOR KLEIN: Mr. President, I
14 now move to reconsider the vote by which this
15 bill was passed.
16 ACTING PRESIDENT CRAIG JOHNSON:
17 The Secretary will call the roll on
18 reconsideration.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 58.
21 ACTING PRESIDENT CRAIG JOHNSON:
22 The bill is restored to the Third Reading
23 Calendar.
24 Senator Klein.
25 SENATOR KLEIN: Mr. President, I
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1 now offer the following amendments.
2 ACTING PRESIDENT CRAIG JOHNSON:
3 Amendments received.
4 Senator Klein.
5 SENATOR KLEIN: Mr. President,
6 can you please call on Senator Libous, who
7 also has some amendments.
8 ACTING PRESIDENT CRAIG JOHNSON:
9 Senator Libous, before you start, I want to
10 congratulate you and thank you for your
11 resolution.
12 And I wish to give President
13 DeFleur a hearty congratulations from the
14 entire Senate body. Congratulations and best
15 wishes.
16 (Standing ovation.)
17 ACTING PRESIDENT CRAIG JOHNSON:
18 Senator Libous.
19 SENATOR LIBOUS: Mr. President,
20 on behalf of Senator Griffo, Mr. President, on
21 page 30 I offer up the following amendments to
22 Calendar Number 494, Senate Print Number 1989,
23 and ask that said bill retain its place on
24 Third Reading Calendar.
25 ACTING PRESIDENT CRAIG JOHNSON:
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1 So ordered.
2 SENATOR LIBOUS: And,
3 Mr. President, on behalf of Senator Leibell,
4 on page 28, I offer up the following
5 amendments to Calendar Number 468, Senate
6 Print 7086B, and ask that the said bill retain
7 its place on the Third Reading Calendar.
8 ACTING PRESIDENT CRAIG JOHNSON:
9 So ordered.
10 SENATOR LIBOUS: Thank you,
11 Mr. President.
12 ACTING PRESIDENT CRAIG JOHNSON:
13 Thank you, Senator.
14 Senator Klein.
15 SENATOR KLEIN: Mr. President, at
16 this time can we please go to a reading of the
17 calendar.
18 ACTING PRESIDENT CRAIG JOHNSON:
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 331, by Senator Foley, Senate Print 4988, an
22 act to amend the Labor Law.
23 ACTING PRESIDENT CRAIG JOHNSON:
24 Read the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT CRAIG JOHNSON:
3 Call the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT CRAIG JOHNSON:
6 Announce the results.
7 THE SECRETARY: Ayes, 58.
8 ACTING PRESIDENT CRAIG JOHNSON:
9 The bill is passed.
10 THE SECRETARY: Calendar Number
11 379, by Senator Parker, Senate Print 6079A, an
12 act to amend the Penal Law.
13 ACTING PRESIDENT CRAIG JOHNSON:
14 Read the last section.
15 THE SECRETARY: Section 4. This
16 act shall take effect on the 30th day.
17 ACTING PRESIDENT CRAIG JOHNSON:
18 Call the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT CRAIG JOHNSON:
21 Senator DeFrancisco.
22 SENATOR DeFRANCISCO: Yes, I just
23 want to explain my vote.
24 ACTING PRESIDENT CRAIG JOHNSON:
25 Senator DeFrancisco, to explain his vote.
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1 SENATOR DeFRANCISCO: Basically,
2 what this bill does is add sanitation
3 enforcement agents as victims of an assault
4 which would raise the level of assault from a
5 regular assault in the third degree to a
6 Class C violent felony offense.
7 I've spoken against bills like this
8 and different types of bills which keep
9 elevating the crime seriousness based upon who
10 the victim is. And quite frankly, the reason
11 I'm voting no on this one is I don't quite see
12 that a sanitation enforcement agent is in the
13 same category as a police officer, a fireman
14 or emergency medical technician.
15 And quite frankly, I don't think
16 it's any different of a situation than a
17 housing code inspector, a building inspector,
18 codes enforcement officer, health inspectors.
19 None of those would be elevated under this
20 bill.
21 So once again, in my judgment, it's
22 one of those bills that we take a special
23 class of people -- for whatever reason, but
24 not based upon logic -- and make offenses
25 against them more serious than if the victim
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1 happened to be someone else. And I'm going to
2 vote no.
3 ACTING PRESIDENT CRAIG JOHNSON:
4 Senator DeFrancisco to be recorded in the
5 negative.
6 Announce the results.
7 THE SECRETARY: Those recorded in
8 the negative on Calendar Number 379 are
9 Senators DeFrancisco, Larkin, Little,
10 Montgomery and Ranzenhofer.
11 Ayes, 53. Nays, 5.
12 ACTING PRESIDENT CRAIG JOHNSON:
13 The bill is passed.
14 THE SECRETARY: Calendar Number
15 416, by Member --
16 SENATOR KLEIN: Lay the bill
17 aside for the day, please.
18 ACTING PRESIDENT CRAIG JOHNSON:
19 The bill is laid aside for the day.
20 THE SECRETARY: Calendar Number
21 466, by Member of the Assembly Schimel,
22 Assembly Print Number 9992, an act to
23 authorize the Village of Plandome Heights.
24 ACTING PRESIDENT CRAIG JOHNSON:
25 There is a home-rule message at the desk.
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1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT CRAIG JOHNSON:
5 Call the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT CRAIG JOHNSON:
8 Announce the results.
9 THE SECRETARY: Ayes, 57. Nays,
10 1. Senator Lanza recorded in the negative.
11 ACTING PRESIDENT CRAIG JOHNSON:
12 The bill is passed.
13 THE SECRETARY: Calendar Number
14 504, by Member of the Assembly Schimel,
15 Assembly Print Number 6249B, an act to amend
16 the Town Law.
17 ACTING PRESIDENT CRAIG JOHNSON:
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT CRAIG JOHNSON:
22 Call the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT CRAIG JOHNSON:
25 Announce the results.
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1 THE SECRETARY: Ayes, 58.
2 ACTING PRESIDENT CRAIG JOHNSON:
3 The bill is passed.
4 THE SECRETARY: Calendar Number
5 529, by Member of the Assembly Hyer-Spencer,
6 Assembly Print Number 8540, an act to amend
7 the Election Law.
8 SENATOR LIBOUS: Lay it aside,
9 please.
10 ACTING PRESIDENT CRAIG JOHNSON:
11 The bill is laid aside.
12 Senator Klein, that completes the
13 reading of the noncontroversial calendar.
14 Senator Klein.
15 SENATOR KLEIN: Mr. President, at
16 this time can we please go to a reading of the
17 controversial calendar.
18 ACTING PRESIDENT CRAIG JOHNSON:
19 The Secretary will ring the bell.
20 Members are all asked to come to
21 the chamber for a reading of the controversial
22 calendar.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 529, by Member of the Assembly Hyer-Spencer,
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1 Assembly Print Number 8540, an act to amend
2 the Election Law.
3 SENATOR LIBOUS: Mr. President,
4 can I have an explanation, please.
5 ACTING PRESIDENT CRAIG JOHNSON:
6 Senator Addabbo, an explanation has been
7 requested by Senator Libous.
8 SENATOR ADDABBO: Yes,
9 Mr. President.
10 With the upcoming requirements of
11 the HAVA that we have to basically comply
12 with, with the change of era of new machines
13 that we'll be voting on this year, the Board
14 of Elections and its workers and its
15 administration has a more keen understanding
16 of what those requirements are.
17 So this bill basically changes a
18 word, that if the New York City administration
19 does not procure or purchase any instrument or
20 equipment used for complying with the HAVA
21 requirements, that the Board of Elections may
22 procure that, with the same rules and
23 regulations and the same regulations and under
24 the same guidance that the New York City
25 administration would have to do.
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1 ACTING PRESIDENT CRAIG JOHNSON:
2 Are there any other Senators wishing to be
3 heard on the bill?
4 SENATOR LIBOUS: Explanation
5 satisfactory, Mr. President.
6 ACTING PRESIDENT CRAIG JOHNSON:
7 Explanation satisfactory, Senator.
8 Hearing none, the debate is closed.
9 The Secretary will please ring the bells.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT CRAIG JOHNSON:
14 Call the roll.
15 (The Secretary called the roll.)
16 SENATOR PADAVAN: Mr. President,
17 I'd like to explain my vote, if I may.
18 ACTING PRESIDENT CRAIG JOHNSON:
19 Senator Padavan, to explain his vote.
20 SENATOR PADAVAN: Thank you,
21 Mr. President.
22 I have in front of me a rather
23 expansive and comprehensive memo from the City
24 of New York in opposition to the bill. And
25 the gist of it is that by allowing the Board
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1 of Elections to go outside the normal
2 procurement procedures through the city's
3 Office of Administrative Services, where bulk
4 purchases of all kinds of supplies are made
5 and done so at the lowest possible cost, that
6 that will invariably increase the cost for
7 these services and supplies. The burden of
8 that would have to be picked up by the City of
9 New York.
10 And particularly in this time when
11 the city is looking at a budget projecting all
12 kinds of reductions -- as a result of what's
13 not happening here in Albany and for other
14 reasons -- it seems inappropriate and unwise
15 to be passing a bill that will cost the city
16 more money than it would otherwise have to
17 expend. That seems to be the wrong thing to
18 do at the wrong time.
19 I vote no.
20 ACTING PRESIDENT CRAIG JOHNSON:
21 Senator Padavan to be recorded in the
22 negative.
23 Announce the results.
24 THE SECRETARY: Those recorded in
25 the negative on Calendar Number 529 are
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1 Senators Alesi, Bonacic, DeFrancisco, Farley,
2 Fuschillo, Golden, Griffo, Hannon, Lanza,
3 Larkin, LaValle, Libous, Little, Marcellino,
4 Maziarz, McDonald, Nozzolio, Padavan,
5 Ranzenhofer, Robach, Saland, Seward, Skelos,
6 Volker, Winner and Young.
7 Ayes, 32. Nays, 26.
8 ACTING PRESIDENT CRAIG JOHNSON:
9 The bill is passed.
10 Senator Klein, that completes the
11 reading of the controversial calendar.
12 Senator Klein.
13 SENATOR KLEIN: Mr. President,
14 can we please stand at ease.
15 ACTING PRESIDENT CRAIG JOHNSON:
16 The Senate will stand at ease.
17 (Whereupon, the Senate stood at
18 ease at 5:08 p.m.)
19 ACTING PRESIDENT ADAMS: Senator
20 Libous.
21 SENATOR LIBOUS: Senator Adams,
22 it's good to see you up there, sir.
23 ACTING PRESIDENT ADAMS: Thank
24 you very much.
25 SENATOR DeFRANCISCO: Point of
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1 order.
2 (Laughter.)
3 SENATOR LIBOUS: Mr. President,
4 if I could please call an immediate and quick
5 Republican conference.
6 ACTING PRESIDENT ADAMS: There
7 will be an immediate and quick conference in
8 the Minority Conference Room.
9 SENATOR LIBOUS: Thank you very
10 much.
11 ACTING PRESIDENT ADAMS: Thank
12 you, Senator Libous.
13 The Senate will stand at ease.
14 (Whereupon, the Senate continued to
15 stand at ease.)
16 ACTING PRESIDENT CRAIG JOHNSON:
17 Senator Klein.
18 SENATOR KLEIN: Mr. President,
19 there will be an immediate meeting of the
20 Finance Committee, followed by a meeting of
21 the Rules Committee in the Majority Conference
22 Room.
23 Pending the return of the Rules
24 Committee, may we please stand at ease.
25 ACTING PRESIDENT CRAIG JOHNSON:
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1 There will be an immediate meeting of the
2 Finance Committee, followed by an immediate
3 meeting of the Rules Committee in Room 332.
4 Pending the return of the Rules
5 Committee, the Senate will continue to stand
6 at ease.
7 (Whereupon, the Senate reconvened
8 at 7:06 p.m.)
9 ACTING PRESIDENT CRAIG JOHNSON:
10 Senator Klein.
11 SENATOR KLEIN: Mr. President, I
12 believe there's a Rules Committee report at
13 the desk. I move that we adopt the report at
14 this time.
15 ACTING PRESIDENT CRAIG JOHNSON:
16 There is a report of the Rules Committee at
17 the desk.
18 I will ask the Secretary to read.
19 THE SECRETARY: Senator Smith,
20 from the Committee on Rules, reports the
21 following bills:
22 Senate Print 7925, by the Senate
23 Committee on Rules, an act to amend
24 Chapter 405 of the Laws of 1999;
25 And Senate Print 7932, by the
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1 Senate Committee on Rules, an act making
2 appropriations for the support of government.
3 Both bills ordered direct to third
4 reading.
5 ACTING PRESIDENT CRAIG JOHNSON:
6 All those in favor of adopting the Rules
7 Committee report please signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT CRAIG JOHNSON:
10 Opposed, nay.
11 (No response.)
12 ACTING PRESIDENT CRAIG JOHNSON:
13 The Rules Committee report is adopted.
14 Senator Klein.
15 SENATOR KLEIN: Mr. President, at
16 this time can we please go to a reading of the
17 supplemental calendar.
18 ACTING PRESIDENT CRAIG JOHNSON:
19 We will now go to a reading of the
20 noncontroversial supplemental calendar.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 608, by the Senate Committee on Rules, Senate
24 Print 7925, an act to amend Chapter 405 of the
25 Laws of 1999 amending the Real Property Tax
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1 Law.
2 ACTING PRESIDENT CRAIG JOHNSON:
3 Senator Klein.
4 SENATOR KLEIN: Mr. President, is
5 there a message of necessity at the desk?
6 ACTING PRESIDENT CRAIG JOHNSON:
7 There is a message of necessity at the desk.
8 SENATOR KLEIN: Mr. President, I
9 move to accept the message of necessity at
10 this time.
11 ACTING PRESIDENT CRAIG JOHNSON:
12 The question is on the acceptance of the
13 message of necessity. All those in favor
14 please signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT CRAIG JOHNSON:
17 Opposed, nay.
18 (Response of "Nay.")
19 ACTING PRESIDENT CRAIG JOHNSON:
20 The message is accepted.
21 Read the last section.
22 SENATOR LIBOUS: Lay the bill
23 aside.
24 ACTING PRESIDENT CRAIG JOHNSON:
25 The bill is laid aside.
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1 The Secretary will continue to
2 read.
3 THE SECRETARY: Calendar Number
4 619, by the Senate Committee on Rules, Senate
5 Print 7932, an act making appropriations for
6 the support of government.
7 ACTING PRESIDENT CRAIG JOHNSON:
8 Senator Klein.
9 SENATOR KLEIN: Mr. President, is
10 there a message of necessity and appropriation
11 at the desk?
12 ACTING PRESIDENT CRAIG JOHNSON:
13 Senator Klein, there is a message of necessity
14 and appropriation at the desk.
15 SENATOR KLEIN: Mr. President, I
16 move to accept the message at this time.
17 ACTING PRESIDENT CRAIG JOHNSON:
18 The question is on the acceptance of the
19 message of necessity and appropriation. All
20 those in favor please signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT CRAIG JOHNSON:
23 Opposed, nay.
24 (Response of "Nay.")
25 ACTING PRESIDENT CRAIG JOHNSON:
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1 The message is accepted.
2 Read the last section.
3 SENATOR LIBOUS: Lay the bill
4 aside.
5 ACTING PRESIDENT CRAIG JOHNSON:
6 The bill is laid aside.
7 Senator Klein, that completes the
8 reading of the noncontroversial supplemental
9 calendar.
10 SENATOR KLEIN: Mr. President,
11 can we please go to a reading of the
12 controversial supplemental calendar.
13 ACTING PRESIDENT CRAIG JOHNSON:
14 The Secretary will ring the bell.
15 All members are asked to come to
16 the chamber for a reading of the controversial
17 supplemental calendar.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 608, by the Senate Committee on Rules, Senate
21 Print 7925, an act to amend Chapter 405 of the
22 Laws of 1999.
23 ACTING PRESIDENT CRAIG JOHNSON:
24 Senator Libous, why do you rise?
25 SENATOR LIBOUS: Thank you,
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1 Mr. President.
2 Mr. President, there are two
3 amendments at the desk. I would ask that you
4 waive their reading and first call on Senator
5 George Maziarz, please.
6 ACTING PRESIDENT CRAIG JOHNSON:
7 Senator Libous, the two amendments are here at
8 the desk. Without objection, the reading of
9 both amendments is waived, and I will
10 recognize Senator Maziarz to speak on the
11 first amendment.
12 Senator Maziarz.
13 SENATOR MAZIARZ: Thank you very
14 much, Mr. President. I appreciate this
15 opportunity.
16 Mr. President, this amendment would
17 provide for a transfer, if you will, of
18 $6 million from the $65 million sweep of the
19 New York State Power Authority that's included
20 in the extender bill.
21 Now, when you are taking
22 $65 million, sweeping it from the New York
23 State Power Authority, you are really taking
24 it from St. Lawrence and Niagara. And I was
25 told I have to be kinder in some of my
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1 descriptions of when you're taking money from
2 the New York State Power Authority, from
3 Niagara and St. Lawrence.
4 But, Mr. President, what this
5 amendment would do, it would take, instead,
6 $59 million and take $6 million of it and use
7 that money to keep state parks open across the
8 state. I think it's vitally important.
9 Today is actually Victoria Day in
10 Canada, and thousands of Canadian tourists are
11 visiting New York State across the border --
12 mostly, I think, from the Toronto and southern
13 Ontario area into the Niagara region -- and
14 they are seeing parks where the grass has not
15 been cut in weeks, if at all this year so far.
16 So clearly, Mr. President, if money
17 is being taken particularly from Niagara and
18 St. Lawrence, I think that we could, instead
19 of taking $65 million and putting it into the
20 General Fund, we could take $59 million for
21 what the Governor's intended purpose is and
22 $6 million to keep our very important parks
23 open.
24 Everyone in here is -- we've passed
25 a resolution, I've seen press releases,
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1 letters ad nauseam saying about how everyone
2 wanted to keep parks open. You vote yes on
3 this amendment, and you're keeping parks open.
4 Jones Beach to Niagara Falls, let's keep them
5 open.
6 Thank you, Mr. President.
7 ACTING PRESIDENT CRAIG JOHNSON:
8 Thank you very much, Senator Maziarz.
9 The question is on the nonsponsor
10 motion to amend Calendar Number 608. Those
11 Senators voting in support of the nonsponsor
12 amendment, please raise your hand.
13 Announce the results.
14 THE SECRETARY: Ayes, 26. Nays,
15 27.
16 ACTING PRESIDENT CRAIG JOHNSON:
17 The motion fails.
18 Senator Libous.
19 SENATOR LIBOUS: Thank you,
20 Mr. President.
21 I believe there's another amendment
22 at the desk. I ask that you would waive the
23 reading of the amendment and call on Senator
24 James Alesi.
25 ACTING PRESIDENT CRAIG JOHNSON:
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1 Senator Libous, your amendment is here at the
2 desk. Without objection, the reading is
3 waived, and I will call upon Senator James
4 Alesi to speak on the amendment.
5 Senator Alesi.
6 SENATOR ALESI: Thank you,
7 Mr. President. By the way, it's Jim on the
8 ballot, but that's beside the point.
9 I would like to offer this
10 amendment. As I notice, we've had the
11 opportunity to see this emergency spending
12 bill introduced today with an unexpected
13 change that relates directly to jobs and to
14 some extent job creation as that relates to
15 the racing industry. This amendment deals on
16 a broader scale with job creation, which as we
17 all know is vitally important in New York
18 State, to some extent even more important in
19 upstate.
20 This jobs creation tax credit would
21 allow for any employers who create a new job
22 to take up to a $5,000 tax credit for each job
23 created. And if someone is taken off of the
24 unemployment rolls and given a new job, then
25 there would be an additional $3,000 tax credit
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1 for that as well.
2 And although it might sound
3 expensive, the point of this whole thing is
4 that it's cost-neutral to the state because
5 instead of paying the withholding tax, the
6 credits would be paid for with the money that
7 goes towards the new jobs. Obviously. If no
8 new jobs are created, there's no withholding
9 tax paid.
10 So I'd ask my colleagues to
11 consider this, especially in light of the fact
12 that I'm delighted to see that Andrew Cuomo
13 has adopted something that looks fairly
14 similar to this proposal, part of which we
15 came up with in January, that does almost
16 exactly the same thing. It's a jobs tax
17 credit, helps to create jobs, it's good for
18 New York, and I think it would do well for all
19 of us to embrace this amendment.
20 Thank you, Mr. President.
21 ACTING PRESIDENT CRAIG JOHNSON:
22 Thank you.
23 The question is on the nonsponsor
24 motion to amend Calendar Number 608. Those
25 Senators voting in support of the nonsponsor
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1 amendment please raise your hands.
2 Announce the results.
3 THE SECRETARY: Ayes, 26. Nays,
4 30.
5 ACTING PRESIDENT CRAIG JOHNSON:
6 The motion fails.
7 The bill is before the house.
8 Read the last section.
9 THE SECRETARY: Section 6. This
10 act shall take effect immediately.
11 ACTING PRESIDENT CRAIG JOHNSON:
12 Senator Padavan, on the bill.
13 SENATOR PADAVAN: Thank you. I'd
14 like to speak on the bill; very briefly,
15 though.
16 I happen to be one of the original
17 sponsor of the Loft Law. And for those of you
18 who were around then and those of you who've
19 been around since, it's been extended over a
20 period of years. I can say without any fear
21 of contradiction that it was a very positive
22 initiative. It has helped many people in
23 terms of their housing accommodations. It has
24 helped maintain various communities around the
25 City of New York, particularly in Lower
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1 Manhattan and parts of Brooklyn. And all in
2 all, it was a wise thing to do.
3 However, in the same bill we did
4 something very unwise, and that something is
5 called Quick Draw, created by this Legislature
6 and this state, which has produced a great
7 deal of harm to many people, individuals and
8 families, as it is part of that continuum of
9 gambling opportunities that we have generated
10 as a state government over a period of
11 decades.
12 My real annoyance -- that's the
13 best way to put it -- is that these two things
14 are lumped together. There's absolutely no
15 connection. But they're put in the bill and
16 have been on various other occasions, so that
17 those who are for one and against the other
18 will be caught in that bind and have to vote
19 in a way that will get the bill passed.
20 The loft bill would pass on its
21 own, in my view. Quick Draw may not. This is
22 disingenuous, to say the least. I think when
23 the general public looks at us as we're doing
24 this sort of thing, it says: Why can't they
25 deal with the issue on its own merits? Why do
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1 they have to resort to blackmail? And that's
2 really what it is. If you want one thing, you
3 have to take the other.
4 And so that's why I'll be voting
5 no, Mr. President.
6 ACTING PRESIDENT CRAIG JOHNSON:
7 Thank you very much. Senator Padavan to be
8 recorded as a no.
9 Anybody else wishing to speak on
10 the bill? Hearing none, the debate is closed.
11 The Secretary will ring the bells.
12 Read the last section.
13 THE SECRETARY: Section 6. This
14 act shall take effect immediately.
15 ACTING PRESIDENT CRAIG JOHNSON:
16 Call the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT CRAIG JOHNSON:
19 Senator DeFrancisco, to explain his vote.
20 SENATOR DeFRANCISCO: Yes, I was
21 looking at the message of necessity on this
22 bill, and it basically said this bill is
23 necessary to assist the state in meeting its
24 fiscal obligations and to extend certain
25 statutes that would otherwise expire.
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1 It is amazing to me, after all of
2 the press and all of the discussions and all
3 of the support for the parks to remain open as
4 we're approaching a Memorial Day holiday and
5 the summer season -- that that isn't necessary
6 to put in this bill is just incomprehensible.
7 And to me, it's as necessary as
8 sweeping $65 million from NYPA. It's as
9 necessary as everything else in this bill. As
10 far as I'm concerned, it's more necessary than
11 the loft tenants -- I'm sorry, Senator
12 Padavan, but for the people in my district
13 it's more necessary.
14 So I'm going to vote against this
15 bill for many reasons, but the most
16 disappointing of which is that it does not
17 include reopening of the parks, because
18 there's money here that could have been used
19 for it, as Senator Maziarz said.
20 So I vote no.
21 ACTING PRESIDENT CRAIG JOHNSON:
22 Senator DeFrancisco to vote in the negative.
23 Senator Maziarz, to explain his
24 vote.
25 SENATOR MAZIARZ: Thank you,
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1 Mr. President, to explain my vote.
2 I too am going to be voting in the
3 negative. You know, it started last year when
4 we stole $550 million from Niagara and
5 St. Lawrence, and now we're taking
6 $65 million. We're taking the future, we're
7 taking employment opportunities away from
8 Western New York.
9 Twenty-two percent of the homes in
10 the City of Niagara Falls are abandoned --
11 they're not vacant, they're not for sale,
12 they're abandoned. Ninety percent of the kids
13 in three elementary schools in the City of
14 Niagara Falls live below the poverty level
15 because their parents don't have jobs, and
16 it's the fault of the New York Power
17 Authority.
18 That $65 million should be going to
19 create jobs in Western New York and in the
20 North Country. I vote in the negative,
21 Mr. President.
22 Thank you.
23 ACTING PRESIDENT CRAIG JOHNSON:
24 Senator Maziarz to vote in the negative.
25 Announce the results.
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1 THE SECRETARY: Those recorded in
2 the negative on Calendar Number 608 are
3 Senators Alesi, Bonacic, DeFrancisco, Farley,
4 Fuschillo, Griffo, Hannon, Larkin, LaValle,
5 Libous, Little, Marcellino, Maziarz, McDonald,
6 Nozzolio, Padavan, Ranzenhofer, Robach,
7 Saland, Seward, Skelos, Volker, Winner and
8 Young.
9 Ayes, 34. Nays, 24.
10 ACTING PRESIDENT CRAIG JOHNSON:
11 The bill is passed.
12 The Secretary will continue to
13 read.
14 THE SECRETARY: Calendar Number
15 619, by the Senate Committee on Rules, Senate
16 Print 7932, an act making appropriations for
17 the support of government.
18 SENATOR DeFRANCISCO:
19 Explanation, please.
20 ACTING PRESIDENT CRAIG JOHNSON:
21 Senator Kruger, an explanation has been
22 requested by Senator DeFrancisco.
23 SENATOR CARL KRUGER: Surprise.
24 This bill, our eighth emergency
25 appropriation bill, provides for $5.6 billion
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1 in All Funds appropriations and $2.09 billion
2 in General Fund appropriations.
3 ACTING PRESIDENT CRAIG JOHNSON:
4 Senator DeFrancisco, why do you rise?
5 SENATOR DeFRANCISCO: Would
6 Senator Kruger yield to a question or two?
7 ACTING PRESIDENT CRAIG JOHNSON:
8 Senator Kruger, will you yield to a question?
9 SENATOR CARL KRUGER: Absolutely.
10 ACTING PRESIDENT CRAIG JOHNSON:
11 Senator DeFrancisco, Senator Kruger will
12 yield.
13 SENATOR DeFRANCISCO: Senator
14 Kruger, this morning when I came in the office
15 I read an emergency extender bill that was
16 different than this emergency extender bill.
17 And it's my understanding from the Finance
18 Committee meeting that this is different
19 because it has some language concerning
20 borrowing for NYRA, $25 million. Is that
21 correct?
22 SENATOR CARL KRUGER: Yes, it is.
23 SENATOR DeFRANCISCO: All right.
24 So would Senator Kruger continue to yield.
25 ACTING PRESIDENT CRAIG JOHNSON:
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1 Senator Kruger, do you continue to yield?
2 SENATOR CARL KRUGER: Let me --
3 let me -- perhaps, for a bit of an
4 explanation.
5 Section 15 of the bill authorizes
6 the state to provide a $25 million loan to
7 NYRA for expenses at Aqueduct, Belmont and the
8 Saratoga racetracks. The loan will be repaid;
9 at the earliest, in the end of the fiscal
10 year, or within 90 days of a signing of a
11 memorandum of understanding with the
12 designated operator of the video lottery
13 terminals at Aqueduct.
14 If NYRA does not repay the loan,
15 the Division of the Lottery would intercept
16 any vendor fees in order to satisfy the money
17 due.
18 This section also reduces the
19 appropriation for the bonding in association
20 with the creation of a VLT facility at
21 Aqueduct.
22 SENATOR DeFRANCISCO: Would
23 Senator Kruger continue to yield?
24 ACTING PRESIDENT CRAIG JOHNSON:
25 Senator Kruger, will you continue to yield?
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1 SENATOR CARL KRUGER: Yes, I do.
2 ACTING PRESIDENT CRAIG JOHNSON:
3 Senator DeFrancisco.
4 SENATOR DeFRANCISCO: This is an
5 interest-free loan; correct?
6 SENATOR CARL KRUGER: Yes, it is.
7 SENATOR DeFRANCISCO: Would
8 Senator Kruger continue to yield.
9 ACTING PRESIDENT CRAIG JOHNSON:
10 Senator Kruger, will you continue to yield?
11 SENATOR CARL KRUGER: Yes.
12 ACTING PRESIDENT CRAIG JOHNSON:
13 Yes, he will.
14 SENATOR DeFRANCISCO: So, Senator
15 Kruger, when in prior weeks you accused those
16 of us who were voting no on an extender that
17 it would stop government, government did pause
18 for a while while you added something else
19 into an extender by further negotiations
20 today. Is that not correct?
21 SENATOR CARL KRUGER: No. No.
22 SENATOR DeFRANCISCO: No?
23 SENATOR CARL KRUGER: It's not
24 correct.
25 SENATOR DeFRANCISCO: Would
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1 Senator Kruger continue to yield.
2 ACTING PRESIDENT CRAIG JOHNSON:
3 Senator Kruger, will you continue to yield?
4 SENATOR CARL KRUGER: Yes.
5 ACTING PRESIDENT CRAIG JOHNSON:
6 Senator Kruger will yield.
7 SENATOR DeFRANCISCO: So how did
8 the change from the original extender to the
9 second extender that we're now voting on, how
10 did that occur?
11 SENATOR CARL KRUGER: By action
12 of the Governor. Through you, Mr. President.
13 SENATOR DeFRANCISCO: Would
14 Senator Kruger continue to yield.
15 ACTING PRESIDENT CRAIG JOHNSON:
16 Senator Kruger, will you yield?
17 SENATOR CARL KRUGER: Yes, I do.
18 ACTING PRESIDENT CRAIG JOHNSON:
19 Senator Kruger will yield.
20 SENATOR DeFRANCISCO: Were there
21 any negotiations between the staffs of the
22 Senate and the Assembly and the Governor
23 before this extender bill was presented to us,
24 this modified extender bill?
25 SENATOR CARL KRUGER: Through
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1 you, Mr. President, this was a five-way
2 agreement on this addendum to the existing
3 appropriation bill.
4 SENATOR DeFRANCISCO: Would
5 Senator Kruger continue to yield.
6 SENATOR CARL KRUGER: Yes, I do.
7 ACTING PRESIDENT CRAIG JOHNSON:
8 Senator Kruger will yield.
9 SENATOR DeFRANCISCO: So by a
10 process called negotiations, there was a
11 five-way agreement that changed the extender
12 that originally was on our desks earlier this
13 morning; is that fair to say?
14 SENATOR CARL KRUGER: You could
15 say that, yes. Through you, Mr. President.
16 SENATOR DeFRANCISCO: Now,
17 Senator Kruger, would you continue to yield?
18 ACTING PRESIDENT CRAIG JOHNSON:
19 Senator Kruger, will you continue to yield?
20 SENATOR CARL KRUGER: Yes, I do.
21 ACTING PRESIDENT CRAIG JOHNSON:
22 Senator Kruger will yield.
23 SENATOR DeFRANCISCO: So is it
24 fair to say that if there was a will to have
25 five-way negotiations at this point in time,
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1 there could be other changes to this extender,
2 including keeping the parks open, for just an
3 example?
4 ACTING PRESIDENT CRAIG JOHNSON:
5 Senator Kruger.
6 SENATOR CARL KRUGER: Where
7 there's a will, there's a way.
8 SENATOR DeFRANCISCO: Would
9 Senator Kruger continue to yield.
10 ACTING PRESIDENT CRAIG JOHNSON:
11 Senator Kruger, will you continue to yield?
12 SENATOR CARL KRUGER: Yes, I do.
13 ACTING PRESIDENT CRAIG JOHNSON:
14 He will yield.
15 SENATOR DeFRANCISCO: Well,
16 there's a will on this side of the aisle. And
17 my question is, Senator Kruger, is there a way
18 on your side of the aisle, since you control
19 the Senate, to modify this further today and
20 wait a couple more hours so that we can keep
21 the parks open starting Memorial Day and
22 through the summer?
23 ACTING PRESIDENT CRAIG JOHNSON:
24 Senator Kruger.
25 SENATOR CARL KRUGER: Through
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1 you, Mr. President. Firstly, tomorrow is
2 another day, and another day might mean and
3 does mean more negotiations. As you're aware,
4 there is going to be a five-way leaders'
5 meeting tomorrow at 10:00 a.m that I know
6 you're going to be participating in.
7 SENATOR DeFRANCISCO: Thank you,
8 Senator Kruger. Would Senator Kruger yield
9 again?
10 ACTING PRESIDENT CRAIG JOHNSON:
11 Senator Kruger, will you yield?
12 SENATOR CARL KRUGER: Yes, I do.
13 ACTING PRESIDENT CRAIG JOHNSON:
14 Senator Kruger yields.
15 SENATOR DeFRANCISCO: Speaking of
16 the five-way leaders' meetings, one happened
17 last Tuesday; is that correct? Or was it
18 Wednesday? I lose track of time. Last week,
19 anyway.
20 SENATOR CARL KRUGER: Last
21 Tuesday, I believe.
22 SENATOR DeFRANCISCO: Okay. That
23 being the case, can you tell me what leaders'
24 meetings -- I mean between the leaders, not
25 between staff -- occurred since last week's
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1 public meeting till presently, till today?
2 SENATOR CARL KRUGER: Through
3 you, Mr. President, none that I'm aware of.
4 SENATOR DeFRANCISCO: Okay.
5 Would Senator Kruger continue to yield?
6 ACTING PRESIDENT CRAIG JOHNSON:
7 Senator Kruger, will you yield?
8 SENATOR CARL KRUGER: Yes, I do,
9 Mr. President.
10 SENATOR DeFRANCISCO: I know you
11 were at that public meeting, as was I. And I
12 recall specifically the Governor asking the
13 two leaders, the Majority Leader and the
14 Speaker, to get together to start the public
15 conference committee meetings. Did that
16 happen?
17 SENATOR CARL KRUGER: Through
18 you, Mr. President. If my memory serves me
19 correctly, he said try to get together to put
20 together conference committees, yes. And
21 through you, Mr. President, we did announce
22 ours.
23 SENATOR DeFRANCISCO: Okay.
24 Senator Kruger, would he continue to yield?
25 ACTING PRESIDENT CRAIG JOHNSON:
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1 Senator Kruger, will you yield?
2 SENATOR CARL KRUGER: Yes, I do.
3 ACTING PRESIDENT CRAIG JOHNSON:
4 He will yield.
5 SENATOR DeFRANCISCO: Did they
6 try, did the two leaders try? Did they call
7 each other and say "Let's start the public
8 committee process"?
9 I know you mentioned Senator
10 Sampson announced some committee membership,
11 some committee memberships for the Majority,
12 which was only about 124 days after the
13 Governor presented his budget. A little bit
14 late, but he did it. And thank God he at
15 least moved, although it's a little slow, but
16 he moved. At our urging, I would suggest.
17 But in any event, did they try?
18 Did they call each other? Did Senator Sampson
19 call the Speaker, or vice versa, to try to set
20 up the public conference committees?
21 SENATOR CARL KRUGER: Through
22 you, Mr. President. I don't know.
23 SENATOR DeFRANCISCO: All right.
24 Would Senator Kruger continue to yield?
25 ACTING PRESIDENT CRAIG JOHNSON:
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1 Senator Kruger, will you continue to yield?
2 SENATOR CARL KRUGER: Yes.
3 ACTING PRESIDENT CRAIG JOHNSON:
4 Senator Kruger yields.
5 SENATOR DeFRANCISCO: Could you
6 tell me what the schedule for the conference
7 committees is at this point in time? Do we
8 have a schedule yet now that we're -- let's
9 see, let me get the right number here -- 124
10 days since the Governor submitted his budget?
11 SENATOR CARL KRUGER: Through
12 you, Mr. President, yes, we have a schedule.
13 Tomorrow at 10:00 a.m. we are going to be in a
14 five-way meeting, a leadership meeting.
15 SENATOR DeFRANCISCO: Senator
16 Kruger, would he continue to yield?
17 ACTING PRESIDENT CRAIG JOHNSON:
18 Would you continue to yield, Senator Kruger?
19 SENATOR CARL KRUGER: Yes, I do.
20 ACTING PRESIDENT CRAIG JOHNSON:
21 Senator Kruger yields.
22 SENATOR DeFRANCISCO: At this
23 point in time are we going to have an
24 announcement tomorrow as to a calendar for the
25 rank and file, the people that are sitting on
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1 this floor, to participate in public
2 conference committees?
3 SENATOR CARL KRUGER: Through
4 you, Mr. President, I would suspect that
5 before that happens, the Assembly has to make
6 their appointments. No.
7 SENATOR DeFRANCISCO: Senator
8 Kruger, one last question. The --
9 ACTING PRESIDENT CRAIG JOHNSON:
10 Do you wish him to yield for one last
11 question?
12 SENATOR DeFRANCISCO: Would he
13 please yield.
14 ACTING PRESIDENT CRAIG JOHNSON:
15 Senator Kruger, will you yield for one last
16 question?
17 SENATOR CARL KRUGER: Yes, I do.
18 ACTING PRESIDENT CRAIG JOHNSON:
19 He will yield for one last question.
20 SENATOR DeFRANCISCO: The
21 Governor proposed a budget, and we've been
22 passing extenders -- this will be the eighth
23 week in a row I assume that it will pass. Can
24 you tell me how much more we're spending on a
25 weekly basis now than the Governor's budget
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1 would have called for?
2 SENATOR CARL KRUGER: Through you
3 Mr. President. Nothing.
4 SENATOR DeFRANCISCO: Okay.
5 Thank you, Senator Kruger.
6 ACTING PRESIDENT CRAIG JOHNSON:
7 Thank you very much, Senator DeFrancisco.
8 Senator Kruger, you still have the
9 floor.
10 SENATOR DeFRANCISCO: I'd like to
11 speak when he's done speaking.
12 ACTING PRESIDENT CRAIG JOHNSON:
13 Senator DeFrancisco, on the bill.
14 SENATOR DeFRANCISCO: Okay. I
15 would just like to point out a couple of
16 things that some of my questions I think kind
17 of suggested, but I think it's important to
18 say this for the eighth week in a row.
19 We're 54 days late now in passing a
20 budget. It's been 124 days since the Governor
21 proposed his budget. Ten days after the
22 Governor proposed it, we're supposed to have a
23 conference committee schedule, membership and
24 so forth. We've been begging for open
25 conference committees since this budget
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1 extender process started and even before that.
2 And at our urging, last week I
3 asked Senator Kruger would you please ask
4 Senator Sampson if he would try to get the
5 membership appointed, get the meetings going.
6 Well, Senator Kruger said time would tell.
7 Well, the Governor was even urging
8 that last week to get the two leaders together
9 to schedule -- he didn't say try to schedule.
10 The clear implication was to schedule public
11 meetings. The Governor thought that that was
12 a good idea, maybe something productive would
13 happen.
14 Instead, despite this public
15 display that was called a leaders meeting,
16 still nothing has happened. Senator Sampson
17 has provided names of some membership.
18 Senator Skelos followed suit. Nothing from
19 the Assembly. No schedule. No meetings to
20 try to set the parameters of discussions
21 publicly. In other words, nothing has
22 happened.
23 And last week I was criticized for
24 using a word that one of the Democrat Senators
25 used as far as what the rank and file is doing
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1 here, or how they're acting, but I changed
2 that word to "enabling." We're simply
3 enabling -- at least the majority party is
4 enabling the leadership not to do anything.
5 To do nothing.
6 I mean, how long do we continue
7 doing this? How long does the majority party,
8 not some of the majority members come over and
9 say enough is enough, we've got to participate
10 in a process? How do you go back to your
11 constituents each week when they say "How is
12 the budget coming?" What, do you laugh and
13 say "Well, it's coming, we're doing the best
14 we can," or do you get embarrassed a little
15 bit? I know I get terribly embarrassed trying
16 to explain what's unexplainable.
17 And at some point, since we all
18 took the oath to follow the laws of the State
19 of New York, including the laws we passed, the
20 reform law of 2007, how can the majority party
21 continue to ignore it? I just don't get it.
22 And I know it's becoming repetitious, but I
23 don't know what else to say to describe this
24 situation that goes on and on and on.
25 Now, today the extender bill was
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1 sweetened a little bit with some provisions
2 for NYRA, because NYRA, it's essential for the
3 economy of this region here that this
4 horse-racing profession and the whole industry
5 can open. So right down to the last minute,
6 after scaring the living daylights out of the
7 whole horse industry, the racing industry, all
8 of a sudden, boom, the magic $25 million
9 appears.
10 Is that a way to run a government?
11 People whose jobs rely on that industry, you
12 wait until the very last minute? Are we going
13 to wait till May 30th to have another section
14 of an extender that would include the parks?
15 So scare the living daylights out of the whole
16 state, open the parks at the last minute, is
17 that the way you do business in this state?
18 That doesn't show leadership. That shows that
19 you're enabling leaders not to do their job.
20 A message of necessity means
21 something is necessary. That's why it's being
22 done this way. Well, a budget was necessary
23 54 days ago. And we're still not even -- we
24 still haven't even started the process. I can
25 imagine what tomorrow's leaders meeting is
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1 going to be. More posturing, more platitudes,
2 more pointing fingers at who's to blame.
3 Asking the minority to present their financial
4 plan, that was my favorite. The minority,
5 where's your financial plan? When Sheldon
6 Silver would not say whether he would
7 participate in open conference meetings.
8 How many times, how many times has
9 the minority, when the minority was a Democrat
10 one, how many times did they propose a
11 financial plan for the State of New York? Not
12 in the 16 years I was in the majority here.
13 It was -- just nonsensical stuff was being
14 said. And no commitment to do these meetings,
15 when he as well as all the leaders touted this
16 2007 reform bill as just a landmark in
17 legislation for the State of New York.
18 Well, ladies and gentlemen, I'm
19 going to continue to vote no. One of these
20 days maybe we will understand that by voting
21 no, that doesn't mean government stops. You
22 know, people can continue to negotiate, as
23 they did today on NYRA. You can continue to
24 negotiate, you've got another week to
25 negotiate before we go through this nonsense
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1 again next week.
2 So at some point in time I'm
3 waiting for somebody on the majority party
4 side to stand up and say, "That's it, I'm
5 voting no." Or, at the very least, "I'm
6 putting this body on notice that next week
7 when we are handed an extender, I intend to
8 vote no." That will give you a week to get
9 this process going and hopefully a budget
10 completed so we're not holding the residents
11 of the State of New York hostage until the
12 last minute on various special items.
13 So I'm going to vote no on this
14 budget extender. Thank you.
15 ACTING PRESIDENT CRAIG JOHNSON:
16 Senator DeFrancisco will be recorded in the
17 negative.
18 Senator Libous.
19 SENATOR LIBOUS: Mr. President, I
20 have kind of a point of order.
21 ACTING PRESIDENT CRAIG JOHNSON:
22 Senator Libous, what is your point of order?
23 SENATOR LIBOUS: Procedural.
24 During the debate between Senator DeFrancisco
25 and Senator Kruger, how was the time
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1 allocated?
2 ACTING PRESIDENT CRAIG JOHNSON:
3 Senator Libous, Senator Kruger had the floor
4 for purposes of providing the explanation on
5 the bill.
6 No time was charged to Senator
7 DeFrancisco for purposes of the Senate debate
8 until he rose and gave his statement on the
9 bill.
10 SENATOR LIBOUS: So as he was
11 asking Senator Kruger questions, he was not
12 being charged.
13 ACTING PRESIDENT CRAIG JOHNSON:
14 That is correct. Senator Kruger was yielding
15 his time to Senator DeFrancisco.
16 SENATOR LIBOUS: Thank you,
17 Mr. President. That's very clear now, and I
18 understand it. Thank you.
19 ACTING PRESIDENT CRAIG JOHNSON:
20 Thank you, Senator Libous.
21 Senator Marcellino.
22 SENATOR MARCELLINO: Thank you,
23 Mr. President. Will Senator Kruger please
24 yield for just one question?
25 ACTING PRESIDENT CRAIG JOHNSON:
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1 Senator Kruger, Senator Marcellino is asking
2 you to yield for just one question.
3 SENATOR CARL KRUGER: Yes.
4 ACTING PRESIDENT CRAIG JOHNSON:
5 Senator Marcellino.
6 SENATOR MARCELLINO: Senator,
7 we've now had eight weeks of extenders. As
8 was said earlier, 54 days late, a budget.
9 Eighteen weeks since the Governor has
10 presented his budget. It's my understanding,
11 if I remember correctly, the Governor's budget
12 was about $136 billion. How much of that
13 budget have we spent in these extenders that
14 we've been doing?
15 SENATOR CARL KRUGER: Through
16 you, Mr. President, I don't have those numbers
17 immediately available, but I certainly will
18 get them to you.
19 SENATOR MARCELLINO: I appreciate
20 that. Thank you.
21 On the bill, Mr. President.
22 ACTING PRESIDENT CRAIG JOHNSON:
23 Senator Marcellino, on the bill. Senator
24 Marcellino.
25 SENATOR MARCELLINO: I have voted
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1 against each and every one of these extenders
2 since the beginning, because it's my belief
3 and my contention that we don't need an
4 extender, we need a budget. We need a real
5 budget. That's what the public wants, that's
6 what the public needs, that's what the public
7 is entitled to. They're entitled to an
8 on-time budget that is both balanced and fair.
9 We know this is going to be a
10 difficult year. We know there's going to have
11 to be some pain. We know that we're in a
12 deficit situation, which is not all of our
13 doing -- some of it is, some of it isn't. But
14 we certainly are paying a price for it. So is
15 the whole world, so is the whole nation. I
16 understand all that.
17 But it's time we resolve our
18 particular little corner of the world. We
19 cannot keep on postponing the inevitable.
20 Sooner or later we're going to have to make a
21 decision. Sooner or later we're going to have
22 to sit down and make some painful decisions.
23 The majority is going to have to come up with
24 a spending plan, and then we're going to
25 negotiate it in the conference committees that
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1 have been set up. We're waiting for the other
2 house to set up their conference committees.
3 Then we'll sit down and begin true
4 negotiations.
5 I have voted for extenders in the
6 past. But when we were doing that, we were
7 not in extreme deficit, there was money to be
8 given out, there was money to talk about.
9 Negotiations were ongoing, and the extenders
10 were necessary to carry us through while
11 negotiations were ongoing.
12 I'm voting against these extenders
13 because, as you just heard, in the colloquy
14 between Senator Kruger and Senator
15 DeFrancisco, there is no negotiations. There
16 have been no negotiations going on. That
17 means eight weeks, 54 days, and 8 extenders in
18 18 weeks of time since the Governor submitted
19 his budget. Time wasted. Instead, we have a
20 bill that we just went through where sweeps
21 were taken to pay certain bills. Stealing
22 money from one package, from one program, to
23 pay for another program.
24 Tomorrow we may be talking about a
25 parks budget out of the EPF. We're going to
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1 take some more money out of the EPF. Not that
2 the Governor hasn't proposed taking a
3 hundred-some-odd million dollars from the EPF
4 already in his original budget -- not that we
5 haven't already swept almost half a billion
6 dollars from the EPF over the years and
7 haven't been repaid back to it.
8 We're now looking to take money
9 from categories to pay to keep parks open.
10 Six more million dollars out of a $136 billion
11 budget, and we're playing games with
12 $6 million. Not even a rounding error. And
13 we don't seem to be able to keep parks open on
14 the Memorial Day weekend for the public when,
15 without borrowing money, the Governor proposes
16 to do an EPF program, all by itself,
17 stand-alone, by sweeping, taking money from
18 one program and another to pay for parks.
19 It's like rearranging the deck
20 chairs on the Titanic, ladies and gentlemen.
21 It's ridiculous. It's not going to do any
22 good. It's not going to do anything. Sooner
23 or later, we're going to have to pay the
24 bills. Sooner or later, we're going to have
25 to pay the piper.
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1 And I would suggest the sooner we
2 do it, the better off we are. The sooner we
3 do what we have to do, the sooner the majority
4 sets the spending plan, as soon as the
5 majority sets the schedule so that we can all
6 sit down and begin serious negotiations and
7 get this budget done, then we can go back to
8 our public, go back to our constituents and
9 say, Ladies and gentlemen, it was tough, it
10 wasn't easy, but this is what we had to do to
11 get this budget done in these most difficult
12 times.
13 Until we do, until there is serious
14 negotiations, and as long as the majority
15 keeps putting forward the Governor's extenders
16 one week at a time, I'm going to keep voting
17 no, as I am on this particular bill,
18 Mr. President. And I thank you.
19 ACTING PRESIDENT CRAIG JOHNSON:
20 Senator Marcellino will be recorded in the
21 negative.
22 Senator McDonald.
23 SENATOR McDONALD: On the bill,
24 Mr. President.
25 ACTING PRESIDENT CRAIG JOHNSON:
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1 Senator McDonald, on the bill.
2 SENATOR McDONALD: Thank you.
3 It's a very difficult thing we're
4 doing right now, continuing this never-ending
5 turmoil. For months -- many people, for
6 years -- have been talking about my little
7 part of the State of New York. The racing
8 industry, the agricultural industry, the
9 tourist industry and all the aspects that go
10 with it have suffered undue hardship. It
11 wasn't necessary to delay this process this
12 long. A lot of people -- normal people,
13 regular people, working men and women -- have
14 suffered to date.
15 The $25 million that go to the
16 racing industry, an industry that wants to pay
17 taxes, that wants to be a part of this great
18 state, is desperately needed. We're going to
19 get this money if this legislation passes, and
20 I will be voting for this, just like I voted
21 for all those nongermane, out-of-order
22 requests in the past. But this has got the
23 magic blessing.
24 Well, the position that I'm in for
25 all those people in the North Country and
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1 Saratoga County and the Capital Region, we've
2 got to do this. But let nobody kid anybody.
3 We had to do this years ago. This is another
4 industry that because we've ignored it has
5 fallen into disarray. This great state can't
6 keep on doing this. We have got to work
7 together, and we've got to work for the
8 benefit of the average people.
9 So I'm voting for this, for my
10 community desperately needs this. And we have
11 to undo all the public relations for the past
12 couple of weeks and even months that has said
13 the track may not open, that the tourism
14 industry in upstate New York, especially in
15 our region, may not be successful.
16 So now we're going to spend money
17 saying they were wrong, it's going to open at
18 the last minute. We can't continue to do
19 this, and I don't care what industry it is. I
20 don't care what region of the state it is. We
21 can't have proposals that pit one region
22 against another region. It's not right.
23 There is no high-fives today for this bill.
24 It should have been done. It could have been
25 done. Let's move on and do some other things.
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1 And if you care about this
2 wonderful region that I represent, you come
3 visit us and see the people up there and see
4 that they're not ten or twenty times
5 multi-multimillionaires, they're just average
6 people throughout that whole wonderful region.
7 Your kind of people. All of our kind of
8 people.
9 That way you can come up so we
10 don't go through this again next year, so you
11 realize, when you see the small business
12 person, the family structures that are
13 impacted, the agricultural community that is
14 impacted. You're going to like these people.
15 They're going to like you. But they're going
16 to ask you a question: Don't do this again.
17 Don't do it to them again. It's too serious.
18 Thank you.
19 ACTING PRESIDENT CRAIG JOHNSON:
20 Senator McDonald to vote in the affirmative.
21 Senator Farley, on the bill.
22 SENATOR FARLEY: Thank you, on
23 the bill.
24 You know, these extenders enable us
25 to have late budgets. I haven't voted for the
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1 last one, and I don't like them. But I'm
2 going to vote for this. Why? Because the
3 lifeblood of the summer season here in the
4 Capital Region is Saratoga. Millions of
5 dollars in tourist money. Tourist and racing
6 people from all over the United States flood
7 this area. It's very, very important to us.
8 There was a great deal of concern
9 whether the track was even going to be able to
10 open, and consequently this saves it. This
11 also affects the entire racing industry,
12 Belmont and Aqueduct and the life of the
13 racing industry. But it's like so many things
14 that we do. I came in here expecting that
15 keeping the parks open would be in here, as
16 was mentioned earlier, because I don't think
17 I've ever had anything that so many
18 constituents have been concerned about, the
19 parks and historic places.
20 But this is one area that is very,
21 very important to Senator McDonald, to me, and
22 to many of us in the Capital Region. And for
23 that reason, I'm going to vote aye for this
24 extender.
25 ACTING PRESIDENT CRAIG JOHNSON:
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1 Senator Farley to be voting in the
2 affirmative.
3 Are there any other Senators
4 wishing to be heard on the bill?
5 Hearing none, the debate is closed.
6 The Secretary will please ring the
7 bells.
8 Read the last section.
9 THE SECRETARY: Section 19. This
10 act shall take effect immediately.
11 ACTING PRESIDENT CRAIG JOHNSON:
12 Call the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT CRAIG JOHNSON:
15 Senator Adams, to explain his vote.
16 SENATOR ADAMS: Yes, thank you,
17 Mr. President.
18 I think this is an important vote.
19 We do all that we can to protect the industry.
20 And the industry is more than just, you know,
21 horses around the track on jockeys. It's more
22 than that. It's the backstretch, it's the
23 countless number of men and women in your
24 district, in Belmont and Aqueduct, and as well
25 as Saratoga.
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1 And a countless number of people
2 from Saratoga stopped up and visited me and
3 talked about the importance of the industry,
4 and I just really want to thank them for
5 emphasizing that there's an entire economic
6 concern around what happens in Saratoga.
7 And I had an opportunity to speak
8 with the county supervisor, Joan Yepsen, and
9 she brought up a contingent and told me how
10 important this is. And I want to commend her
11 for that, and I want to commend all those that
12 understand the importance of this bill.
13 And I believe that we must make
14 sure that OTB also survives, as well as NYRA,
15 as well as all components of the industry.
16 I'm voting aye.
17 ACTING PRESIDENT CRAIG JOHNSON:
18 Senator Adams to be voting in the affirmative.
19 Announce the results.
20 THE SECRETARY: Those recorded in
21 the negative on Calendar Number 619 are
22 Senators Alesi, Bonacic, DeFrancisco, Golden,
23 Griffo, Hannon, Lanza, Larkin, LaValle,
24 Libous, Little, Marcellino, Nozzolio, Padavan,
25 Ranzenhofer, Saland, Seward, Skelos, Volker,
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1 Winner and Young. Also Senator Robach.
2 Ayes, 36. Nays, 22.
3 ACTING PRESIDENT CRAIG JOHNSON:
4 The bill is passed.
5 Senator Klein, that completes the
6 reading of the controversial supplemental
7 calendar.
8 Senator Klein.
9 SENATOR KLEIN: Mr. President,
10 can we briefly return to the order of motions
11 and resolutions.
12 ACTING PRESIDENT CRAIG JOHNSON:
13 Returning to the order of motions and
14 resolutions.
15 Senator Klein.
16 SENATOR KLEIN: Mr. President, on
17 behalf of Senator Duane, on page 15 I offer
18 the following amendments to Calendar Number
19 185, Senate Print Number 1523, and ask that
20 said bill retain its place on Third Reading
21 Calendar.
22 ACTING PRESIDENT CRAIG JOHNSON:
23 So ordered.
24 Senator Klein.
25 SENATOR KLEIN: Mr. President, is
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1 there any further business at the desk?
2 ACTING PRESIDENT CRAIG JOHNSON:
3 Senator Klein, the desk is clear.
4 SENATOR KLEIN: There being no
5 further business, Mr. President, I move that
6 we adjourn until Tuesday, May 25th, at
7 3:00 p.m.
8 ACTING PRESIDENT CRAIG JOHNSON:
9 There being no further business to come before
10 the Senate, on motion, the Senate stands
11 adjourned until Tuesday, May 25th, at
12 3:00 p.m.
13 (Whereupon, at 8:06 p.m., the
14 Senate adjourned.)
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