Regular Session - March 29, 2011

                                                            1742



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    March 29, 2011

        11                       3:24 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR JOSEPH A. 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 with me as we recite the Pledge of

         6       Allegiance to our Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT GRIFFO:    For

        10       today's invocation we have Pastor Richard

        11       Buccio, from Hyde Park Baptist Church in

        12       Hyde Park, New York.

        13                  Pastor.

        14                  PASTOR BUCCIO:    Let's pray.

        15                  Our precious heavenly Father, Lord,

        16       I am truly thankful, Lord, to be here in the

        17       privilege of praying for all of these

        18       individuals, our Senators, Lord, that

        19       represent New York.

        20                  Lord, they have an awesome

        21       responsibility, Lord, as they make decisions

        22       that impact not only themselves but they

        23       impact many people from this great state.

        24       Lord, the decisions they make will also impact

        25       people in the future.



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         1                  So, Lord, I ask would You please

         2       bestow upon them Your mercy, Your grace, Your

         3       love.  Lord, give them wisdom beyond their

         4       means.  I pray, Lord, that they may, as they

         5       make their decisions, include You.

         6                  Lord, You are the Great Creator.

         7       Lord, it says in Your scriptures that You put

         8       kings on thrones and You take kings off.

         9       Lord, You have appointed these people.  So

        10       please, Lord, give them the know-how and the

        11       ability to do the right thing.  I pray these

        12       things in my Savior's name, Jesus Christ.

        13                  God bless you all.  Amen.

        14                  ACTING PRESIDENT GRIFFO:    Thank

        15       you, Pastor.

        16                  The reading of the Journal.

        17                  THE SECRETARY:    In Senate,

        18       Monday, March 28th, the Senate met pursuant to

        19       adjournment.  The Journal of Sunday,

        20       March 27th, was read and approved.  On motion,

        21       Senate adjourned.

        22                  ACTING PRESIDENT GRIFFO:    Without

        23       objection, the Journal stands approved as

        24       read.

        25                  Presentation of petitions.



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         1                  Messages from the Assembly.

         2                  The Secretary will read.

         3                  THE SECRETARY:    On page 19,

         4       Senator Lanza moves to discharge, from the

         5       Committee on Environmental Conservation,

         6       Assembly Bill Number 108 and substitute it for

         7       the identical Senate Bill Number 3870, Third

         8       Reading Calendar 244.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       substitution is so ordered.

        11                  Messages from the Governor.

        12                  Reports of standing committees.

        13                  Reports of select committees.

        14                  Communications and reports from

        15       state officers.

        16                  Motions and resolutions.

        17                  Senator Libous.

        18                  SENATOR LIBOUS:    Mr. President,

        19       on behalf of Senator Zeldin, I move to commit

        20       Senate Print Number 4074, Calendar Number 262

        21       on the order of third reading, and I want to

        22       commit it to the Committee on Commerce and

        23       Economic Development.

        24                  ACTING PRESIDENT GRIFFO:    So

        25       ordered.



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         1                  Senator Libous.

         2                  SENATOR LIBOUS:    Mr. President,

         3       at this time I'd like to adopt the Resolution

         4       Calendar, with the exception of Resolution

         5       Numbers 1071, 1087, and 1100.

         6                  ACTING PRESIDENT GRIFFO:    At this

         7       point we will accept the motion to adopt the

         8       Resolution Calendar, with the exceptions of

         9       Resolutions 1071, 1087, and 1100.

        10                  All in favor of passing the

        11       Resolution Calendar signify by saying aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT GRIFFO:

        14       Opposed?

        15                  (No response.)

        16                  ACTING PRESIDENT GRIFFO:    The

        17       Resolution Calendar is adopted.

        18                  Senator Libous.

        19                  SENATOR LIBOUS:    Mr. President, I

        20       believe there's a privileged resolution at the

        21       desk, Number 1071, by Senator Hannon.  May we

        22       have it read in its entirety and then please

        23       call on Senator Hannon.

        24                  ACTING PRESIDENT GRIFFO:    I would

        25       ask that the chamber come to order as we call



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         1       on Senator Hannon for this memorializing

         2       resolution.

         3                  The Secretary will read first.

         4                  THE SECRETARY:    Legislative

         5       Resolution 1071, by Senators Hannon, Saland,

         6       Skelos, Libous, Seward, Klein, and Duane,

         7       mourning the death of Dr. Richard F. Daines,

         8       distinguished citizen and devoted member of

         9       his community.

        10                  "WHEREAS, It is the custom of this

        11       Legislative Body to pay tribute to citizens of

        12       the State of New York whose lifework and civic

        13       endeavor serve to enhance the quality of life

        14       in their communities and the great State of

        15       New York; and

        16                  "WHEREAS, Dr. Richard F. Daines of

        17       Stanfordville, New York, died on Saturday,

        18       February 26, 2011, at the age of 60; and

        19                  "WHEREAS, The son of a physician,

        20       Dr. Richard F. Daines was raised in Utah and

        21       earned a Bachelor of History degree from Utah

        22       State University in 1974; and

        23                  "WHEREAS, Dr. Richard F. Daines

        24       served as a missionary for the Church of Jesus

        25       Christ of Latter Day Saints in Bolivia from



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         1       1970 to 1972.  He received his medical degree

         2       from Cornell University Medical College in

         3       1978 and served a residency in internal

         4       medicine at New York Hospital; and

         5                  "WHEREAS, Dr. Richard F. Daines

         6       distinguished himself in his profession and by

         7       his sincere dedication and substantial

         8       contribution to the welfare of his community;

         9       and

        10                  "WHEREAS, Serving as a physician in

        11       New York City for over 25 years, Dr. Richard

        12       F. Daines worked at St. Barnabas Hospital in

        13       the Bronx, where he began practicing in 1978.

        14       His skills and compassion, coupled with his

        15       ability to speak Spanish, made him a valued

        16       member of the staff and a favorite among his

        17       patients.  He became the hospital's senior

        18       vice president for professional affairs and

        19       medical director in 1994; and

        20                  "WHEREAS, From 2002 to 2007,

        21       Dr. Richard F. Daines was medical director at

        22       St. Lukes-Roosevelt Hospital Center, where he

        23       served as both president and CEO.  He often

        24       worked shifts in the emergency department

        25       there to observe firsthand the care patients



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         1       received; and

         2                  "WHEREAS, In 2007 Dr. Richard F.

         3       Daines became New York State's 14th

         4       Commissioner of Health.  He served in this

         5       capacity until 2010.  Recently, he joined the

         6       New York Academy of Medicine as a visiting

         7       scholar; and

         8                  "WHEREAS, Commissioner Daines took

         9       great pride in the skills and professionalism

        10       of his Health Department employees and public

        11       health workers at county health departments,

        12       traveling to all 62 counties of New York to

        13       promote local public health activities, often

        14       accompanied by his father, Newel; and

        15                  "WHEREAS, Dr. Richard F. Daines'

        16       commitment to excellence, and his spirit of

        17       humanity, carried over into all fields of

        18       enterprise, including charitable and civic

        19       endeavors; and

        20                  "WHEREAS, A former Scoutmaster and

        21       Eagle Scout, Dr. Richard F. Daines would often

        22       invite members of Troop 525 to his farm in

        23       Stanfordville; and

        24                  "WHEREAS, A devoted family man,

        25       Dr. Richard F. Daines is survived by his wife



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         1       of 36 years, Linda; three children, William,

         2       Katherine and Andrew; a grandson, Charles

         3       Richard; his parents, Dr. Newel and Jean

         4       Daines; and siblings Pamela Johnson, George

         5       Daines, Janet Stowell and Peter Daines, as

         6       well as many cousins, nieces and nephews; and

         7                  "WHEREAS, Armed with a humanistic

         8       spirit, imbued with a sense of compassion, and

         9       comforted by a loving family, Dr. Richard F.

        10       Daines leaves behind a legacy which will long

        11       endure the passage of time and will remain a

        12       comforting memory to all he served and

        13       befriended; now, therefore, be it

        14                  "RESOLVED, That this Legislative

        15       Body pause in its deliberations to mourn the

        16       death of Dr. Richard F. Daines, distinguished

        17       citizen and devoted member of his community;

        18       and be it further

        19                  "RESOLVED, That a copy of this

        20       resolution, suitably engrossed, be transmitted

        21       to the family of Dr. Richard F. Daines."

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Hannon.

        24                  SENATOR HANNON:    Thank you,

        25       Mr. President.



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         1                  Being a Commissioner of Health in

         2       this state requires an extraordinary range of

         3       talent and skills and good disposition and

         4       energy.  And in Richard F. Daines, New York's

         5       14th Commissioner of Health, he certainly

         6       brought those qualities to the forefront.

         7                  He was fundamentally a good person,

         8       as those of us know who had the fortune to

         9       work with him.  He was a good doctor.  In

        10       fact, I don't think I've ever said publicly

        11       one of his classmates told me that at Cornell

        12       he was the top of his class.  He never ever

        13       said that himself.  He was therefore a good

        14       student.  He was also a good manager, a good

        15       executive, having come up both as a practicing

        16       physician and as a hospital executive.

        17                  It's ironic that we would be

        18       bringing this resolution up as we're on the

        19       cusp of beginning our budget bills, and at one

        20       point in that sequence there will be the

        21       health budget.

        22                  For Dr. Daines, he brought many

        23       emphases to health and the different

        24       departments of health that we have in terms of

        25       categories.  First of all, he had to deal with



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         1       what is popularly known as the Berger

         2       Commission, which finished its work just

         3       before he took office and called for the

         4       closing of a number of hospitals, the mergers

         5       of others.

         6                  And I don't think that he ever

         7       imagined that he would be spending most of his

         8       time at the beginning commuting between Albany

         9       and Buffalo to deal with the seemingly

        10       intractable recommendations of Berger in

        11       Erie County.

        12                  But he also spent a lot of emphasis

        13       on such things as childhood obesity.  He was

        14       known for the video he did in regard to the

        15       soda tax.  But underlying all of that was a

        16       deep concern that the future of the health of

        17       the population of this state depended on what

        18       we would be doing for the children of this

        19       state and their health and whether or not we

        20       would stem the tide of diabetes by stemming

        21       the tide of childhood obesity.

        22                  Sometimes one of the things that

        23       happens in government is you work so hard and

        24       the tragedy or disaster that people predict

        25       doesn't take place.  Well, we certainly had a



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         1       very genuine scare that there might have been

         2       a pandemic when the H1N1 onslaught came about.

         3       And the Department of Health and the local

         4       counties' departments of health, along with

         5       our hospital reporting network, were certainly

         6       prepared and worked overtime to make sure that

         7       if anything untoward happened in this state

         8       that the state would be prepared and the

         9       population would be protected.

        10                  I could go on and on about the

        11       number of other issues we worked on -- HIV

        12       testing, the hearings we had around the state

        13       on the most esoteric of all financial

        14       formulas, called bad debt charity care.

        15                  But let's get back to the fact that

        16       Commissioner Daines was somebody who seemed to

        17       enjoy the job thoroughly, took the advantage

        18       of going through the public health departments

        19       to visit every county in the state,

        20       remembering that he as a Mormon was getting a

        21       chance to go through the state where Mormonism

        22       had been founded -- and in fact telling us at

        23       one point that in his little farm in Dutchess

        24       County he found some tombstones that were

        25       those of his relatives, so that there was a



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         1       full circle to his life.

         2                  I'm going to let some other folks

         3       make comments, but I just want to acknowledge

         4       that we have joining us today on the floor the

         5       current Commissioner, Nirav Shah.  Also the

         6       Deputy Commissioner of Public Health, Dr. Gus

         7       Birkhead, along with Maryellen Jacobson, who

         8       was Dr. Daines' special assistant and

         9       currently serves as the Commissioner's special

        10       assistant; Jim Clancy, Claudia Hutton.

        11                  And then in the gallery, some of

        12       whom might be nodding off because they've been

        13       working on the health budget for the past

        14       couple of months, Debra Pellerin, from the

        15       department; Diane Mathis; Jim Clyne; Wendy

        16       Saunders; Mark Kissinger; Carla Williams; Lora

        17       Lefebvre; Valerie Grey, who's now with State

        18       Ed; Robert Durlak; Barbara Devore; Barbara

        19       Wallace; Barbara Dennison; Robert Burhans; and

        20       Michael Nazarko.

        21                  Thank you, Mr. President.  And

        22       we're going to keep the resolution open for

        23       all to cosponsor.

        24                  ACTING PRESIDENT GRIFFO:    Thank

        25       you, Senator Hannon.



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         1                  Senator Duane.

         2                  SENATOR DUANE:    Thank you,

         3       Mr. President.

         4                  I first got to know and know of

         5       Dr. Daines when he was president at

         6       St. Lukes-Roosevelt.  And honestly, it was --

         7       he was not at all who I expected him to be, in

         8       terms of what ideology or positions he might

         9       put forward.  And what I learned then and what

        10       I really got to know when he was Commissioner

        11       of Health was that that is what he cared about

        12       and what rose above all else in his life of

        13       public service was health, and specifically

        14       public health.

        15                  It is a paradox that some of the

        16       issues that I worked so closely with him on

        17       were issues that would seem on the face of it

        18       that we would approach from completely

        19       different places.  And yet we -- and mostly

        20       because of who -- I would say 99 percent

        21       because of who he was -- worked collegially

        22       and bipartisanly, as you can see by who's

        23       speaking today, to get work accomplished.

        24                  And so the ones that, as I say,

        25       just seem so paradoxical that we worked on,



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         1       for instance, was the Family Health Care

         2       Decisions Act.  And another was -- and this

         3       was years in the making, and Senator Hannon

         4       can certainly attest to this one as well --

         5       was our very far-reaching and I think

         6       new-day-and-age testing bill for HIV.

         7                  And I would say the legacy that we

         8       all share is that states around the country

         9       now reach out to us and want to replicate that

        10       legislation.  And it really is a legislative

        11       triumph but also an enormous triumph for

        12       Dr. Daines, and there are people here who

        13       worked on that in the Health Department for

        14       years.

        15                  I'm going to come back to this and

        16       say this again, but he was the Health

        17       Department's greatest champion.  There was

        18       never a meeting with Dr. Daines when he was

        19       Commissioner where he did not laud the work of

        20       the people in the Health Department.  And he

        21       would say "I am so fortunate to work with

        22       people who care so deeply about the people in

        23       the State of New York and how it is that the

        24       Health Department can serve them."  Every

        25       time, every time he talked about that.  He was



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         1       so proud of the work of the department and the

         2       people who worked in the department.

         3                  And I'm sure that other people had

         4       this experience with him as well, but even

         5       when I would talk to him about my personal

         6       health issues, he was wonderful.  I believe

         7       everyone felt they could approach him to

         8       discuss every public health issue and every

         9       personal health issue.

        10                  You know, people here probably know

        11       I have my differences with the Scouts.  But

        12       Dr. Daines was the greatest Boy Scout ever.

        13       And I mean that in that his wholesomeness, his

        14       good-naturedness, his desire to do service.

        15                  And I am very sorry, personally and

        16       professionally, for his loss and that I won't

        17       be able to reach out to him in New York City.

        18       But I have to return and say I am especially

        19       sorry for the hardworking people in the Health

        20       Department because you all have lost a great,

        21       great champion.

        22                  And I know that Dr. Daines' faith

        23       has carried him to a place where I believe

        24       he's happy.  And his legacy of public service

        25       for our state, in good times and in bad, is a



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         1       legacy which will not be forgotten and a great

         2       loss to his family and to our state and to

         3       public health in our great state.

         4                  Thank you, Mr. President.

         5                  ACTING PRESIDENT GRIFFO:    Thank

         6       you, Senator Duane.

         7                  Senator Breslin.

         8                  SENATOR BRESLIN:    Thank you,

         9       Mr. President.

        10                  I think both Senator Hannon and

        11       Senator Duane have captured the essence of

        12       Dr. Daines.

        13                  Sitting here, I think the reference

        14       that Senator Duane made to being a Boy Scout

        15       was probably very, very appropriate, that he

        16       really was the penultimate Eagle Scout.

        17                  You know, we eulogize on this floor

        18       over years a lot of wonderful people who have

        19       done great things, but sometimes the

        20       adjectives we use we repeat over and over, and

        21       the adjectives that we use sometimes we don't

        22       think about.  But when I think of Dr. Daines,

        23       I know when I look at his staff up there they

        24       would probably describe him as a perfect boss,

        25       someone who was exceedingly, exceedingly



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         1       humble but got his message across.

         2                  And when Senator Hannon mentioned

         3       that he was first in his class at Cornell

         4       Medical School, it was always a mystery to me

         5       how someone a few years ago before that could

         6       have been a history major in college and then

         7       gone on to medical school and graduated number

         8       one in their class.

         9                  He had all those attributes that,

        10       as I said before, we tend to bandy around and

        11       sometimes use all too frequently.  And when

        12       they really mean something, you want to make

        13       sure that you convey the importance of those

        14       attributes about Dr. Daines.

        15                  I never heard him -- I'm sure his

        16       staff did -- I never heard him raise his

        17       voice.  I always saw him as extremely

        18       organized and disciplined.  I think he exuded

        19       a public servant in his honesty, his

        20       accessibility.  Whenever you called him, you

        21       were able to get him very quickly, unlike a

        22       lot of other appointed and elected officials.

        23                  To me he was, among the people I

        24       have seen in my years here in this house, the

        25       consummate public servant.  The public servant



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         1       that we all want to be.  The public servant

         2       that always went a little beyond where others

         3       went and always, always, always stayed with

         4       his principles.  And as you know, his

         5       principles, sometimes in espousing them and

         6       articulating them he wasn't successful.  But

         7       he never compromised.  He presented his

         8       principles and he presented them in a very

         9       articulate way.

        10                  And, you know, for a man who kept

        11       in wonderful physical condition to pass away

        12       at the age of 60 is such a dramatic loss to

        13       all of us in this body, to everyone in the

        14       Health Department, and to everyone,

        15       particularly all citizens of the State of

        16       New York.

        17                  So I am so much better for having

        18       known him.  And he will be a very difficult

        19       act to replace.

        20                  Thank you very much, Mr. President.

        21                  ACTING PRESIDENT GRIFFO:    Thank

        22       you, Senator Breslin.

        23                  Senator Stewart-Cousins.

        24                  SENATOR STEWART-COUSINS:    Yes,

        25       thank you, Mr. President.



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         1                  I rise also to certainly join my

         2       colleagues to speak about Dr. Daines and the

         3       influence that he had on my district.  It is a

         4       grateful district that remembers Dr. Daines.

         5                  When Senator Hannon spoke about the

         6       Berger Commission and all that went with the

         7       recommendations, one of the hospitals to be

         8       closed was Dobbs Ferry Hospital.  And Dobbs

         9       Ferry Hospital wasn't just a hospital, but it

        10       was part of a network.  And the network

        11       allowed for all sorts of activities throughout

        12       the district, through different facilities and

        13       St. John's Hospital, to continue to serve

        14       everyone in that district all along the river

        15       towns.

        16                  And when the Berger Commission

        17       decided that Dobbs Ferry should go, it took a

        18       lot of innovative thinking, it took a lot of

        19       community input, but it took the listening ear

        20       of a professional who understood how to keep a

        21       facility there that housed the Ashikari Breast

        22       Center, which is nationally known -- women who

        23       are suffering from breast cancer go to Dobbs

        24       Ferry Hospital -- how to keep that facility

        25       there with urgent care but also to recreate it



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         1       so that it could deal with the types of

         2       preventative medicine that Dr. Daines and all

         3       of us cared so much about.

         4                  So instead of having the hospital

         5       as we would know it, what it is now is a place

         6       where, again, women suffering from breast

         7       cancer can be treated very, very well, as well

         8       as information on diabetes and obesity and

         9       asthma and all the things that hopefully, if

        10       we take care of our health now, will prevent

        11       premature death and chronic illnesses.

        12                  It took a lot to be able to

        13       redesign something that meant something going

        14       forward for a community within the context of

        15       the Berger Commission's recommendations.

        16       Dr. Daines was able to do that.  And because

        17       of that, people will live longer, healthier

        18       and more productive lives.

        19                  So again, we certainly mourn his

        20       loss but thank him for the legacy that he's

        21       left.

        22                  ACTING PRESIDENT GRIFFO:    Is

        23       there any other Senator wishing to be heard?

        24                  The question is on the resolution.

        25       All in favor signify by saying aye.



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         1                  (Response of "Aye.")

         2                  ACTING PRESIDENT GRIFFO:

         3       Opposed?

         4                  (No response.)

         5                  ACTING PRESIDENT GRIFFO:    The

         6       resolution is adopted.

         7                  Senator Libous.

         8                  SENATOR LIBOUS:    Mr. President,

         9       could I ask my colleagues to please rise and

        10       have a moment of silence for Richard Daines,

        11       please.

        12                  ACTING PRESIDENT GRIFFO:    I would

        13       ask all members to please rise in a moment of

        14       silent tribute to Dr. Richard F. Daines.

        15                  (Whereupon, the assemblage

        16       respected a moment of silence.)

        17                  SENATOR LIBOUS:    Mr. President, I

        18       also believe that Senator Hannon will open up

        19       this for cosponsorship.  So as we normally do,

        20       if someone is not interested in cosponsoring

        21       this resolution, please let the desk know.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       resolution is open for cosponsorship.  If you

        24       choose not to be a cosponsor, please notify

        25       the desk.



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         1                  Senator Libous.

         2                  SENATOR LIBOUS:    Mr. President,

         3       there's a resolution at the desk, Number 1087,

         4       by Senator Ranzenhofer.  I ask that you have

         5       it read, its title, and call on Senator

         6       Ranzenhofer.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       Secretary will read.

         9                  THE SECRETARY:    Legislative

        10       Resolution Number 1087, by Senator

        11       Ranzenhofer, mourning the untimely death of

        12       former Buffalo Sabres professional hockey

        13       player Richard Lionel (Rick) Martin,

        14       distinguished athlete and citizen, and devoted

        15       member of his community.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Ranzenhofer.

        18                  SENATOR RANZENHOFER:    Thank you,

        19       Mr. President.

        20                  Before I say a few words about Rick

        21       Martin, I just want to welcome back to the

        22       chamber -- I'm not sure if he's still here or

        23       has left -- our new Health Commissioner,

        24       Dr. Shah, originally from my hometown.  I just

        25       wanted to welcome him back to the chamber.



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         1                  I did want to say a few words about

         2       Rick Martin.  Rick Martin is the only

         3       professional athlete that I ever had a chance

         4       to know on a personal level.  And it's really

         5       unfortunate that he just died recently at a

         6       very young age.

         7                  Rick Martin really transformed the

         8       City of Buffalo when it comes to hockey.  In

         9       Buffalo, hockey is a very passionate sport.

        10       And he came to Buffalo from Quebec, Canada, in

        11       the '70s and joined what's probably the most

        12       famous hockey line in all of professional

        13       hockey, a line called the French Connection.

        14       He set all sorts of scoring records, both

        15       individually and as a rookie and also over the

        16       season.

        17                  But more importantly than his

        18       hockey accolades, he was a man that was very

        19       involved in his community.  He was very

        20       involved in a number of charitable and

        21       community organizations.  But probably the

        22       thing that I remember most about him is just

        23       his smiling personality.  He was a fun-loving,

        24       joking individual, loved to play golf, was a

        25       very successful businessman.  And he would



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         1       give you the shirt off his back.  If there was

         2       a community event involving kids or really

         3       involving anyone and you wanted him to be

         4       there, he would come and give his time.

         5                  He also volunteered his time

         6       helping the Sabres long after he retired,

         7       helping to develop some of the younger

         8       players.

         9                  But I know when they had a memorial

        10       a week ago in HSBC Arena, there were about

        11       2500 people that showed up.  And one of the

        12       people that spoke was his line-mate, Rene

        13       Robert.  And the picture that they showed is

        14       he had a cigar in one hand and a beer in the

        15       other, and just talked about his joking and

        16       larger than life and loveable personality.

        17                  So again, I just wanted to say a

        18       few words about Rico Martin.  He was really

        19       one of the best hockey players in Buffalo and

        20       a real community-minded individual.

        21                  Thank you, Mr. President.

        22                  ACTING PRESIDENT GRIFFO:    Thank

        23       you, Senator Ranzenhofer.

        24                  Senator Kennedy.

        25                  SENATOR KENNEDY:    Thank you,



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         1       Mr. President.

         2                  I too want to rise in memory of

         3       Rick Martin, famous Buffalo Sabre, famous for

         4       his work and his talents not just on the ice

         5       but in the community.

         6                  I appreciate Senator Ranzenhofer

         7       putting this resolution forward in memory of

         8       Rick Martin.  The Buffalo Sabres and Western

         9       New York community united in mourning earlier

        10       this month, as already articulated, as French

        11       Connection winger Rick Martin died of a heart

        12       attack while driving in Clarence.  Teammates

        13       and coaches remember Martin as a fierce

        14       competitor, prolific scorer, and an all-around

        15       great guy who gave back to the Western

        16       New York community.

        17                  A Canadian professional ice hockey

        18       left winger who played in the NHL with the

        19       Buffalo Sabres and L.A. Kings for 11 seasons

        20       between 1971 and 1982, he was perhaps the most

        21       famous for playing on the Sabres' French

        22       Connection line with Gilbert Perreault and

        23       Rene Robert.

        24                  Martin was drafted fifth overall by

        25       the Buffalo Sabres in the 1971 NHL amateur



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         1       draft after a junior career with the Montreal

         2       Junior Canadiens of the Ontario Hockey

         3       Association.  He played 685 career NHL games,

         4       scoring 384 goals, 317 assists, for 701

         5       points.  His best season was the 1974-1975 NHL

         6       season when he scored 52 goals and 95 points

         7       in only 68 NHL games.

         8                  Martin was selected to play in

         9       seven consecutive NHL All-Star games, 1971-'72

        10       through 1977-'78.  He was selected as the

        11       official NHL All-Star First Team Left Wing in

        12       1973-'74 and '74-'75 and official NHL All-Star

        13       Second Team Left Wing in '75-'76 and in

        14       '76-'77.

        15                  Martin holds the Buffalo Sabres

        16       franchise career records for hat tricks,

        17       four-goal games, 40-goal seasons, consecutive

        18       40-goal seasons, 50-goal seasons -- tied with

        19       Danny Gare -- and consecutive 50-goal seasons.

        20                  His Number 7 was retired along with

        21       Rene Robert's Number 14 on November 15, 1995,

        22       flanking the Number 11 of Gilbert Perreault

        23       under a French Connection banner.  On

        24       October 25, 2005, Martin was inducted into the

        25       Greater Buffalo Sports Hall of Fame.  In 2010,



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         1       in commemoration of the Sabres' 40th season,

         2       the Buffalo News ranked Martin as number 4 out

         3       of the top 40 Sabres of all time.  After his

         4       untimely death this past month, the Sabres

         5       honored his memory by painting the Number 7,

         6       the number he wore for most of his career in

         7       Buffalo, behind each goal in the HSBC Arena

         8       for the duration of the 2010-2011 season.

         9                  I'm humbled and honored to speak in

        10       honor and in memory of Rick Martin today.

        11       Thank you.

        12                  ACTING PRESIDENT GRIFFO:    Thank

        13       you, Senator Kennedy.

        14                  Is there any other Senator wishing

        15       to be heard?

        16                  The question is on the resolution.

        17       All in favor signify by saying aye.

        18                  (Response of "Aye.")

        19                  ACTING PRESIDENT GRIFFO:

        20       Opposed?

        21                  (No response.)

        22                  ACTING PRESIDENT GRIFFO:    The

        23       resolution is adopted.

        24                  Senator Libous.

        25                  SENATOR LIBOUS:    Mr. President,



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         1       there is a privileged resolution at the desk

         2       by Senator Hassell-Thompson.  May we please

         3       have it read in its entirety and please call

         4       on Senator Hassell-Thompson before it is

         5       approved.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       Secretary will read.

         8                  THE SECRETARY:    Legislative

         9       resolution by Senator Hassell-Thompson,

        10       commending Delta Sigma Theta Sorority, Inc.,

        11       upon the occasion of its Annual "Delta Days in

        12       the Capitol" on March 29, 2011.

        13                  "WHEREAS, It is the sense of this

        14       Legislative Body to recognize that the quality

        15       and character of life in the communities

        16       across New York State are reflective of the

        17       concerned and dedicated efforts of those

        18       organizations and individuals that are devoted

        19       to the welfare of the community and its

        20       citizenry; and

        21                  "WHEREAS, Attendant to such

        22       concern, and in full accord with its

        23       long-standing traditions, this Legislative

        24       Body is justly proud to commend Delta Sigma

        25       Theta Sorority, Inc., upon the occasion of its



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         1       annual 'Delta Days in the Capitol' on Tuesday,

         2       March 29, 2011, to be held in Albany,

         3       New York; and

         4                  "WHEREAS, This auspicious occasion

         5       will bring sisters from the Delta Sigma Theta

         6       Sorority together from across the State of

         7       New York to address many social concerns.  The

         8       2011 conference will focus on the important

         9       issue of education, including the need for

        10       increased access to higher education, the need

        11       for increased funding for STEM education, and

        12       the need for increased funding for vocational

        13       education and job retraining programs, as well

        14       as other critical topics; and

        15                  "WHEREAS, Delta Sigma Theta

        16       Sorority was founded in 1913 on the campus of

        17       Howard University to promote academic

        18       excellence, to provide scholarship, to provide

        19       support to the underserved, to educate and

        20       stimulate participation in the establishment

        21       of positive public policy, and to highlight

        22       issues and provide solutions for problems in

        23       their communities; and

        24                  "WHEREAS, Today, Delta Sigma Theta

        25       Sorority has more than 250,000 members and



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         1       nearly 1,000 chapters worldwide.  The sorority

         2       uses its five-point programmatic thrust of

         3       economic development, educational development,

         4       international awareness and involvement,

         5       physical and mental health, and political

         6       awareness and involvement to create its

         7       national program; and

         8                  "WHEREAS, Delta Sigma Theta

         9       Sorority, Inc., was once led by past national

        10       president and acclaimed civil rights leader

        11       Dorothy Height.  In 1994 and 2004,

        12       respectively, Ms. Height was awarded the

        13       Congressional Medal of Freedom and the

        14       Congressional Gold Medal, the highest civilian

        15       awards in the United States; and

        16                  "WHEREAS, Upon her death in 2010,

        17       Ms. Height was honored by President Obama for

        18       her many years of service to our country and

        19       the world.  Other dynamic women who have

        20       served the Delta Sigma Theta Sorority in the

        21       capacity of national president include Frankie

        22       Freeman, Esquire, the first woman appointed to

        23       the United States Commission on Civil Rights,

        24       and Congresswoman Marcia L. Fudge; and

        25                  "WHEREAS, New York State has been



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         1       home to many notable Deltas, including the

         2       late United States Representative Shirley

         3       Chisholm, New York State Assembly Deputy

         4       Speaker Earlene Hooper, New York State

         5       Assemblywoman Annette Robinson, Queens Borough

         6       President Helen Marshall, and the Honorable

         7       Jacqueline A. Berrien, chair of the United

         8       States Equal Employment Opportunity

         9       Commission; and

        10                  "WHEREAS, For 98 years the members

        11       of Delta Sigma Theta Sorority, Inc., have used

        12       their collective voices to advocate on behalf

        13       of their communities.  Since 1989, Deltas

        14       gather annually in Washington, D.C. for 'Delta

        15       Days in the Nation's Capitol,' a three-day

        16       conference designed to educate and inspire

        17       members about important national issues.  At

        18       the conclusion of Delta Days in the Nation's

        19       Capitol, members conduct meetings on Capitol

        20       Hill with their respective federal

        21       legislators; and

        22                  "WHEREAS, In March of 2003, Delta

        23       Sigma Theta Sorority, Inc., became a

        24       nongovernmental organization (NGO) and was

        25       granted Special Consultive Status as an NGO to



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         1       the Economic and Social Council of the United

         2       Nations.  On a local level, members of Delta

         3       Sigma Theta Sorority, Inc., regularly conduct

         4       meetings with their local, state and federal

         5       political representatives; and

         6                  "WHEREAS, It is the practice of

         7       this Legislative Body that when an

         8       organization of such noble aims and

         9       accomplishments is brought to our attention,

        10       it should be recognized and applauded by all

        11       the citizens of this great Empire State; now,

        12       therefore, be it

        13                  "RESOLVED, That this Legislative

        14       Body pause in its deliberations to commend

        15       Delta Sigma Theta Sorority, Inc., upon the

        16       occasion of its annual 'Delta Days in the

        17       Capitol' on March 29, 2011; and be it further

        18                  "RESOLVED, That this Legislative

        19       Body pause in its deliberations to commend

        20       Delta Sigma Theta Sorority, Inc."

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Hassell-Thompson.

        23                  SENATOR HASSELL-THOMPSON:    Thank

        24       you, Mr. President.

        25                  For nearly 100 years women of Delta



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         1       Sigma Theta have used their collective

         2       strength to promote academic excellence,

         3       provide scholarships, and to support

         4       underserved people throughout this country.

         5       As active participants in their communities,

         6       the Deltas have sought to educate and

         7       stimulate participation in the establishment

         8       of positive public policy and have worked to

         9       provide innovative solutions to problems.

        10                  These women took their

        11       civic-mindedness -- those such as Dorothy

        12       Height, about whom you've already heard; the

        13       first African-American woman elected to the

        14       Congress, Shirley Chisholm; and many of the

        15       staff that staff us here in the State Senate

        16       and the Assembly -- take their

        17       civic-mindedness very seriously and have taken

        18       it to a new realm and proved to women across

        19       this country that they have a strong voice

        20       that can be used to change public policy.

        21                  You have seen women throughout the

        22       corridors today wearing red -- they're here in

        23       our gallery -- many of whom are also being

        24       honored in the Assembly.  And I'd like to ask

        25       your appreciation with me today for the work



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         1       for nearly a hundred years of the women of

         2       Delta Sigma Theta as they carry on in doing

         3       the work that many of us don't recognize needs

         4       to get done.

         5                  We have members today from Bronx,

         6       Buffalo, Syracuse, Nassau, Brooklyn, Queens,

         7       mid-Hudson, Westchester, and of course

         8       Manhattan.

         9                  Thank you, Delta Sigma Theta, for

        10       being here today.  We honor you.  And I would

        11       like to ask all of my colleagues if you would

        12       join me in this resolution as we salute and

        13       commend Delta Sigma Theta Sorority, Inc.

        14                  Thank you, Mr. President.

        15                  (Applause.)

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Smith.

        18                  SENATOR SMITH:    Thank you very

        19       much, Mr. President.

        20                  Colleagues, I know that it is not

        21       the practice of our house to acknowledge

        22       groups that are in our gallery.  But if it was

        23       the practice, as we know, I would look up at

        24       that red that I see and acknowledge the fact

        25       that I do have a little red in my sock --



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         1                  (Laughter.)

         2                  SENATOR SMITH:    -- and explain to

         3       my colleagues that this particular sorority

         4       for 98 years is one that has blazed a trail in

         5       many areas.

         6                  We have, as my esteemed colleague

         7       Senator Ruth Hassell-Thompson had just

         8       explained, Delta representation from Buffalo

         9       and Rochester and Rockland.  And I'd be remiss

        10       if I didn't say that Queens is in the house as

        11       well.  And Denise Johnson shouldn't stand up,

        12       because they don't allow you to stand up,

        13       Denise Johnson, our social action person.

        14                  (Applause.)

        15                  SENATOR SMITH:    She shouldn't

        16       stand up at all, because that's not what we're

        17       allowed to do in the house.  But if they did

        18       allow us, Denise, to do that in the house, I

        19       would ask you to stand up.

        20                  But, Mr. President, these young

        21       ladies have done tremendous work over the

        22       years.  They have done tremendous work for our

        23       young men, who, as many of my colleagues know,

        24       in particular African-American men are under

        25       siege.  And you have done some wonderful



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         1       things for them.

         2                  So I stand here joining my

         3       colleague Senator Ruth Hassell-Thompson.  And

         4       I appreciate the fact that she had not only

         5       the intellect and the fortitude, but

         6       understanding the importance of who you are.

         7                  Also, as you should know, that in

         8       our ranks on staff that we do have Selvena

         9       Brooks -- who I can't acknowledge as well,

        10       because that's not approved on the floor --

        11       who is a part of our team, if you will.  A

        12       number of staff people.  But I stand on this

        13       floor of the Senate, I stand on this floor --

        14       Lisa Copeland too, that's right.  Copeland and

        15       them girls -- I'm not going to start naming

        16       names.

        17                  (Laughter.)

        18                  SENATOR SMITH:    However, I will

        19       say I stand here today proud to be able to

        20       stand and talk on behalf of the Deltas that

        21       are here.  You are doing wonderful work.  God

        22       bless you for all that you do.  Continue in

        23       your work.  And we need you.  We need you very

        24       much.

        25                  So thank you, Mr. President.



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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Huntley.

         3                  SENATOR HUNTLEY:    Thank you,

         4       Mr. President.

         5                  I think everything has been said,

         6       so I'm not going to repeat all your good deeds

         7       because I'm very well aware of them, since

         8       you're very active in my district at P.S. 156

         9       and other schools doing great things for our

        10       young people.

        11                  So I just want to thank you for

        12       coming here today.  I want to thank you for

        13       what you do.  And I want you to continue doing

        14       what you do.  And it looks great to look up

        15       and see all the red.  One of my colleagues

        16       said to me, Ruth Hassell-Thompson -- I'm

        17       calling names -- Ruth Hassell-Thompson said to

        18       me yesterday, she says, "You wearing your

        19       red?"  I says, "For the Deltas, I'm wearing my

        20       red."

        21                  Congratulations.  Look forward to

        22       seeing you next year.

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Stewart-Cousins.

        25                  SENATOR STEWART-COUSINS:    Thank



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         1       you, Mr. President.

         2                  I apologize, because I should be

         3       wearing red.

         4                  (Laughter.)

         5                  SENATOR STEWART-COUSINS:    But

         6       despite the fact that I am not wearing red,

         7       it's worth taking the time to acknowledge the

         8       work that you do and all that you mean to all

         9       of our communities throughout the state and

        10       throughout the nation.

        11                  To think that you've been so true

        12       to your mission in so many broad way for

        13       almost a hundred years is a credit in itself.

        14       But when people come and see people like us,

        15       women, a lot of times they're sort of

        16       inspired:  How do you do it, so on and so

        17       forth.

        18                  And so from us to you, I say back

        19       at you.  You are our everyday people who

        20       understand it's all important and find ways

        21       every day to manifest that in your lives.  You

        22       touch people all over in every walk of life,

        23       reminding them that education is the key,

        24       reminding that that no matter where they are,

        25       they can make a difference, reminding people



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         1       to try to do things outside of what people

         2       normally expect.

         3                  You are our heroes in the

         4       community.  And I really thank you so much for

         5       being the positive everyday role models,

         6       excellent and excelling, that inspires our

         7       youth everywhere.  So thank you so much.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Adams.

        10                  SENATOR ADAMS:    Thank you,

        11       Mr. President.

        12                  I want to thank the women who are

        13       here from Delta.  You know, I was happy to

        14       know that you all were coming here, because

        15       everybody knows that this year I'm trying to

        16       find a bride.  So I'm pretty sure there's a

        17       lot of eligible potential brides up there.

        18                  (Laughter.)

        19                  SENATOR ADAMS:    Let me say this,

        20       and clear.  One hundred years, 100 years is a

        21       long time.  And I thank Senator

        22       Hassell-Thompson for just taking the moment

        23       that we pause, even during this difficult

        24       budget time as we talk about the budget and as

        25       we talk about how we're going to deal with the



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         1       financial balance of our state.  These women

         2       have walked the halls of the Senate and the

         3       Legislative Office Building, have spoken with

         4       us.  And to keep us grounded, and to keep us

         5       real.  And we want to thank you for that, you

         6       know, just taking time out of your schedule --

         7       many of you are professionals, being away from

         8       your place of employment, your place of

         9       occupation -- and to come here and to have a

        10       real conversation with us.

        11                  Because from time to time when we

        12       navigate the 87 Highway to come to Albany, we

        13       sometimes forget that those lines in the

        14       budget, the dollars that we cut, the dollars

        15       that we add, the taxes we refuse or the taxes

        16       we decide to make, it impacts real people.

        17       And for the most part, people are afraid.

        18       People are scared.  New Yorkers are hurting.

        19       And somehow we have to give them faith again.

        20       And we can't do it often as State Senators or

        21       as Assemblypersons, but it takes everyday

        22       folks like yourself that decides that you want

        23       to give back in a very real and a very

        24       meaningful way.

        25                  So I want to thank my colleague



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         1       Senator Hassell-Thompson for this moment for

         2       us acknowledging a great organization.  One

         3       hundred years, that's impressive in itself.  A

         4       lot of people can't stay committed for

         5       100 minutes, and you're able to do so for over

         6       100 years.  And we thank you for what you do

         7       each and every day.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       question is on the resolution.  All in favor

        10       signify by saying aye.

        11                  (Response of "Aye.")

        12                  ACTING PRESIDENT GRIFFO:    Excuse

        13       me.  Senator Libous.

        14                  SENATOR LIBOUS:    I just wanted to

        15       also welcome our guests and echo some of the

        16       colleagues of our guests today.

        17                  And as Senator Smith said, if we

        18       could acknowledge a special group that was

        19       here today -- and although the rules don't

        20       allow us to, I too want to stand and say that

        21       it is an honor to have you come before the

        22       house, it's an honor to have Senator Ruth

        23       Hassell-Thompson present this resolution.  And

        24       we too appreciate all the good things that you

        25       do on behalf of everybody in this state.



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         1                  So it's an honor to stand here and

         2       say thank you and to join my colleagues in

         3       this special resolution.

         4                  ACTING PRESIDENT GRIFFO:    Thank

         5       you, Senator Libous.

         6                  It is a day when seeing red is

         7       pleasant.  We welcome the Delta Sigma Theta

         8       ladies here today.

         9                  And the question is on the

        10       resolution.  All in favor signify by saying

        11       aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT GRIFFO:

        14       Opposed?

        15                  (No response.)

        16                  ACTING PRESIDENT GRIFFO:    The

        17       resolution is adopted.

        18                  Senator Libous, Senator

        19       Hassell-Thompson has requested that the

        20       resolution be open for cosponsorship.  Without

        21       objection?

        22                  SENATOR LIBOUS:    Absolutely,

        23       Mr. President.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       resolution is open for cosponsorship.  Should



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         1       any member choose not to be a cosponsor,

         2       please notify the desk.

         3                  Senator Libous.

         4                  SENATOR LIBOUS:    Mr. President,

         5       there's a resolution at the desk, 1100, by

         6       Senator Little.  May we please have it read in

         7       its entirety and call on Senator Little for

         8       its adoption, please.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       Secretary will read.

        11                  I would ask for order, please, in

        12       the house.  The Secretary will read.

        13                  THE SECRETARY:    Legislative

        14       Resolution 1100, by Senators Little, Breslin,

        15       McDonald and Farley, memorializing Governor

        16       Andrew M. Cuomo to recognize March 29, 2011,

        17       as the 100th Anniversary of the New York State

        18       Capitol fire.

        19                  "WHEREAS, It is the sense of this

        20       Legislative Body to recognize significant

        21       events which represent turning points in our

        22       unique history and which are indelibly etched

        23       in the saga of our great Empire State; and

        24                  "WHEREAS, It is also the sense of

        25       this Legislative Body to call attention to



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         1       those historic events in New York State

         2       history which serve as lasting reminders of

         3       our unique past; and

         4                  "WHEREAS, Attendant to such

         5       concern, and in full accord with its

         6       long-standing traditions, this Legislative

         7       Body is justly proud to memorize Governor

         8       Andrew M. Cuomo to recognize Tuesday,

         9       March 29, 2011, as the 100th anniversary of

        10       the New York State Capitol fire; and

        11                  "WHEREAS, On March 29, 1911, at

        12       2:15 a.m., a fire broke out in the third floor

        13       Assembly library, in the northwest corner of

        14       the New York State Capitol building; and

        15                  "WHEREAS, Although approximately

        16       125 Albany firefighters, under the leadership

        17       of Fire Chief William Bridgeford, responded to

        18       the scene, flames burst through the

        19       third-floor windows on the western side of the

        20       Capitol and shot up through the Great Western

        21       Staircase to the fourth floor.  Within a few

        22       hours, parts of the facade of the Capitol had

        23       totally collapsed; and

        24                  "WHEREAS, The fire destroyed much

        25       of the New York State Library, which was



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         1       housed at the Capitol, as well as damaging

         2       irreplaceable collections of the State Museum,

         3       who was also located in the Capitol at the

         4       time; and

         5                  "WHEREAS, It was reported at the

         6       time that the damages caused by the fire

         7       included 600,000 volumes at the library,

         8       including valuable genealogical works and

         9       relics dating back to 1776.  The Senate and

        10       Assembly libraries, the Finance Committee

        11       room, the chamber of the President Pro Tem of

        12       the Senate, the Lieutenant Governor's office,

        13       and much of the Senate and Assembly chambers;

        14       and

        15                  "WHEREAS, In addition, on the

        16       fourth floor of the Capitol, the fire severely

        17       damaged the offices of the Court of Claims,

        18       Bill Drafting Commission, Bureau of Weights

        19       and Measures, and many books of scientific and

        20       historical interest housed in the State

        21       Education Department.  Practically all offices

        22       below the third floor were seriously impacted

        23       by smoke and water damage, including the

        24       Executive Chamber; and

        25                  "WHEREAS, Miraculously, there was



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         1       only one fatality caused by the fire, the

         2       78-year-old night watchman, Samuel J. Abbott;

         3       and

         4                  "WHEREAS, The fire at the Capitol

         5       occurred just four days after the tragically

         6       infamous Triangle Shirtwaist Factory fire in

         7       New York City which claimed 146 lives.  The

         8       coincidence of these two devastatingly

         9       destructive fires spurred New York to

        10       undertake massive reforms in fire prevention

        11       and labor, health and safety laws; and

        12                  "WHEREAS, It is the sense of this

        13       Legislative Body that when events of such

        14       historic significance are brought to our

        15       attention, they should be recognized by all

        16       the citizens of this great Empire State; now,

        17       therefore, be it

        18                  "RESOLVED, That this Legislative

        19       Body pause in its deliberations to memorialize

        20       Governor Andrew M. Cuomo to recognize

        21       March 29, 2011, as the 100th Anniversary of

        22       the New York State Capitol fire, and be it

        23       further

        24                  "RESOLVED, That a copy of this

        25       resolution, suitably engrossed, be transmitted



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         1       to the Honorable Andrew M. Cuomo, Governor of

         2       the State of New York."

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Little.

         5                  SENATOR LITTLE:    Thank you,

         6       Mr. President.

         7                  For the past 15 years I've had the

         8       privilege of being a member of the Commission

         9       on the Restoration of the Capitol, and it has

        10       been truly gratifying to be able to see the

        11       amount of work and historic preservation that

        12       has been done for this beautiful building and

        13       preserving the State Capitol, which is a

        14       national historic landmark.

        15                  The Capitol is a living monument,

        16       and it is a witness to history.  Just think

        17       for a moment of all the people who have walked

        18       through this building, up and down the stairs,

        19       and been in this same room -- presidents,

        20       governors, dignitaries, previous legislators.

        21       But 100 years ago today, this building and

        22       this city witnessed a horrific fire.  The

        23       entire western side of the Capitol was

        24       engulfed in flames, some of them shooting

        25       200 feet in the air.  And although the



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         1       building was believed to have been fireproof,

         2       the contents of the building were not.

         3                  The fast-moving fire destroyed the

         4       legislative library and much of the State

         5       Library, which at that time was the fifth

         6       largest library in the country.  That night we

         7       lost hundreds of thousands of books.  When you

         8       think of those books, documents, and

         9       manuscripts that were part of our history that

        10       were lost that night.

        11                  But thanks to the many librarians

        12       and state employees at that time who rushed

        13       back into the Capitol, and in those hours

        14       while the fire was still burning, were able to

        15       save 7,000 books and 80,000 manuscripts.

        16       Included in those manuscripts was an original

        17       manuscript of George Washington's farewell

        18       address and an original Emancipation

        19       Proclamation written in Abraham Lincoln's own

        20       hand.

        21                  All would have been lost if it had

        22       not been for the heroic efforts of the Albany

        23       City Fire Department.  Responding in the early

        24       hours of the morning a little after 2:00, the

        25       firefighters fought the flames.  And can you



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         1       imagine arriving at this building, the size of

         2       this building, in horse-drawn fire wagons and

         3       a horse-drawn aerial truck?  No hook and

         4       ladders available at that time.

         5                  They fought the fire heroically and

         6       had it out in a number of hours.  But the fire

         7       was so hot that it actually melted some of the

         8       columns of the sandstone on the Great Western

         9       Staircase.  And unfortunately, it claimed one

        10       life, the life of Samuel Abbott, who was a

        11       78-year-old night watchman, a Civil War

        12       veteran, who was found on the fourth floor of

        13       the Capitol clutching his silver-handled cane.

        14                  And as was said in the resolution,

        15       this horrific fire happened just four days

        16       after the Triangle Shirtwaist fire in New York

        17       City.  And from these tragedies we had

        18       legislation that first was introduced in the

        19       state, and then became legislation nationally,

        20       to ensure better working conditions, better

        21       building safety, and better fire safety for

        22       people working in buildings such as this.

        23                  It took months to clean up the

        24       rubble from the Capitol and more than a year

        25       to reconstruct the northwest corner of the



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         1       Capitol.  The legislatures moved down the hill

         2       and had their sessions in Albany City Hall.

         3                  And while there is no remaining

         4       evidence of this fire, it is evident that we

         5       shall always remember it.  And we will

         6       continue to be dedicated and committed to the

         7       restoration of this beautiful building.

         8                  Thank you.

         9                  ACTING PRESIDENT GRIFFO:    Thank

        10       you, Senator Little.

        11                  Senator DeFrancisco.

        12                  SENATOR DeFRANCISCO:    Thank you,

        13       Mr. President.  I just wanted to add a little

        14       something to what Senator Little said.

        15                  The gentleman who died in the fire,

        16       Samuel Abbott, was from Syracuse, New York.

        17       He was the night watchman in what we now call

        18       the Capitol library area.  And those who went

        19       through a Capitol tour probably saw that.

        20                  While the fire was going on, he ran

        21       around the building on that night helping

        22       people evacuate -- he was 78 years old at the

        23       time -- opening windows and trying to save

        24       some of the artifacts.  And he was the one

        25       that sounded the alarm.



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         1                  While doing this, he was caught in

         2       a room in which a flash fire occurred, and he

         3       was tragically killed in the line of duty.

         4       His remains were found two days after the

         5       fire.

         6                  Now, a little bit about Mr. Abbott

         7       which I think is interesting.  He was a second

         8       lieutenant in the Civil War.  He was a hero in

         9       the Central New York Regiment in which he

        10       fought.  He was active in the Virginia

        11       campaigns, where some of the fiercest fighting

        12       of the war occurred.  He was admired by both

        13       his men and those commanders under which he

        14       served.

        15                  When he returned from war, he went

        16       to work for the Postal Service and eventually

        17       rose to become assistant postmaster of the

        18       city of Syracuse.  Upon his retirement, he

        19       relocated to Albany to be near his family,

        20       where he worked as a night watchman.

        21                  And there was something in the

        22       Albany newspapers -- and I believe everything

        23       in the newspapers because they're incredible

        24       sources of only facts.  And what the Albany

        25       newspapers reported is that some employees



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         1       even today maintain that Mr. Abbott's ghost

         2       still makes the rounds in his watchman's

         3       uniform on the fourth and fifth floor of the

         4       building's west side, jingling his keys,

         5       testing doorknobs, and turning out lights.

         6                  Now, I haven't seen him yet, but

         7       I'm going to keep looking out for Mr. Abbott,

         8       because he was one of our finest citizens from

         9       Syracuse.

        10                  Thank you very much.

        11                  ACTING PRESIDENT GRIFFO:    Thank

        12       you, Senator DeFrancisco.

        13                  SENATOR DeFRANCISCO:    Oh, excuse

        14       me, one other thing.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       DeFrancisco.

        17                  SENATOR DeFRANCISCO:    This is

        18       important.  This building cost $25 million to

        19       build.  The fire caused $5 million in damages.

        20       $25 million to build.

        21                  Right now and for the last 10 years

        22       at least, the roof is being replaced on this

        23       building.  And I understand that the roof cost

        24       is around $50 million.  The roof is twice as

        25       much as this whole building cost to build, in



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         1       today's dollars versus dollars a hundred years

         2       ago.

         3                  So I'm giving this lesson to some

         4       young people from Onondaga County who really

         5       wanted this information today.

         6                  Thank you, Mr. President.

         7                  ACTING PRESIDENT GRIFFO:    Thank

         8       you, Senator DeFrancisco.

         9                  The question is on the resolution.

        10       All in favor signify by saying aye.

        11                  (Response of "Aye.")

        12                  ACTING PRESIDENT GRIFFO:

        13       Opposed?

        14                  (No response.)

        15                  ACTING PRESIDENT GRIFFO:    The

        16       resolution is adopted.

        17                  Senator Libous.

        18                  SENATOR LIBOUS:    Mr. President, I

        19       believe that Senator Gallivan has a resolution

        20       at the desk.  He would ask just that the title

        21       be read and we move for its immediate

        22       adoption.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       Secretary will read.

        25                  THE SECRETARY:    Legislative



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         1       resolution by Senator Gallivan, commemorating

         2       the 50th Anniversary of the ARC of

         3       Livingston-Wyoming.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       question is on the resolution.  All in favor

         6       signify by saying aye.

         7                  (Response of "Aye.")

         8                  ACTING PRESIDENT GRIFFO:

         9       Opposed?

        10                  (No response.)

        11                  ACTING PRESIDENT GRIFFO:    The

        12       resolution is adopted.

        13                  Senator Libous.

        14                  SENATOR LIBOUS:    Mr. President,

        15       there's a privileged resolution at the desk by

        16       Senator Young.  May we please have it read in

        17       its entirety, and if you could then call on

        18       Senator Young before its adoption.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       Secretary will read.

        21                  THE SECRETARY:    Legislative

        22       resolution by Senators Young and Gallivan,

        23       celebrating the recovery from critical wounds

        24       and homecoming of United States Army Sergeant

        25       James Hackemer.



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         1                  "WHEREAS, It is the sense of this

         2       Legislative Body to celebrate the courage and

         3       bravery of the United States Armed Forces who

         4       have made great sacrifices in fulfilling their

         5       mission as part of Operation Iraqi Freedom to

         6       ensure our continued role as a nation which

         7       embodies the ideals of democracy and as a

         8       defender of liberty throughout the world; and

         9                  "WHEREAS, Attendant to such

        10       concern, and in full accord with its

        11       long-standing traditions, this Legislative

        12       Body is justly proud to celebrate the recovery

        13       and homecoming of Sergeant James Hackemer, who

        14       was seriously wounded early in his second tour

        15       of duty in Iraq when his vehicle hit several

        16       improvised explosive devices in a convoy on

        17       its way to Baghdad; and

        18                  "WHEREAS, At the time of the

        19       incident, Sergeant James Hackemer was serving

        20       in the 230th Military Police Company, 95th

        21       Military Police Battalion, 18th Military

        22       Police Brigade.  The 230th Military Police

        23       Company worked with the Iraqi police to

        24       provide training in securing their country;

        25       and



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         1                  "WHEREAS, Sergeant Hackemer lost

         2       both legs and suffered from a massive amount

         3       of blood loss and traumatic brain injury in

         4       the explosion.  He also suffered a stroke

         5       during medical treatment and spent more than a

         6       month in a coma; and

         7                  "WHEREAS, Overcoming dramatic odds,

         8       Sergeant Hackemer courageously endured lengthy

         9       and difficult therapy and treatments to learn

        10       to eat and speak again and to learn to use

        11       prosthetic legs; and

        12                  "WHEREAS, Residents of this great

        13       Empire State must never forget the courage

        14       with which members of the United States Armed

        15       Forces have served their country and must

        16       recognize that no greater debt is owed than

        17       that owed to those who have made great

        18       sacrifices for this great nation; and

        19                  "WHEREAS, The freedoms and security

        20       we cherish as Americans comes at a very high

        21       price for those serving in the military in

        22       times of conflict.  It is fitting and proper

        23       that we who are beneficiaries of those who

        24       risk their lives, leaving their families

        25       behind, express our appreciation and eternal



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         1       gratitude for their sacrifices and courageous

         2       acts; and

         3                  "WHEREAS, It is the intent of this

         4       Legislative Body to publicly honor those

         5       veterans who have made extraordinary personal

         6       sacrifices during their military service and

         7       who have fought against great odds to recover

         8       and return to their families and communities;

         9       now, therefore, be it

        10                  "RESOLVED, That this Legislative

        11       Body pause in its deliberations to celebrate

        12       the homecoming of Sergeant James Hackemer, a

        13       native of Gowanda, New York, and be it further

        14                  "RESOLVED, That a copy of this

        15       resolution, suitably engrossed, be transmitted

        16       to Sergeant James Hackemer."

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Young.

        19                  SENATOR YOUNG:    Thank you,

        20       Mr. President, for the privilege to talk about

        21       Army Sergeant James Hackemer.

        22                  Gowanda, New York, is a very

        23       special place because it's a place where

        24       neighbors reach out and help each other

        25       through good times and in bad.  It's also



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         1       special because it's unique.  Half of the town

         2       is in Erie County in Senator Gallivan's

         3       district; the other half is in Cattaraugus

         4       County, which is in my Senate district.

         5                  Sergeant Hackemer was in Iraq in

         6       March of 2008.  He was in third month of his

         7       second tour serving our country when that

         8       roadside bomb went off.  It blew off both of

         9       his legs, caused a traumatic brain injury.

        10       And while he was initially being treated, he

        11       suffered a stroke which left him in a coma for

        12       an entire month.  He doesn't remember riding

        13       in the vehicle, but he does remember the blast

        14       and he remembers that he was being lifted out

        15       of the vehicle and there was a soldier

        16       standing over him saying "Hang on, buddy."

        17                  He was moved to Bethesda Naval

        18       Hospital.  And at first, while he was in his

        19       coma, it was really touch and go.  And his

        20       family was faced with a very difficult

        21       situation because they felt that they may have

        22       to make the decision to take him off life

        23       support.  But soon he began to show some life,

        24       there was a glimmer of hope, and he started to

        25       respond.



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         1                  Sergeant Hackemer is the father of

         2       two young children, two girls.  And on the day

         3       that he was moved out of the intensive care

         4       unit, his daughter was born.  He could not be

         5       there, but he was able to listen to the birth

         6       through an audio hookup.

         7                  So it's been a long haul.  He did

         8       have to learn how to eat again, how to speak

         9       again, how to write again, and his greatest

        10       challenge has been learning how to walk again.

        11       And he went to Walter Reed Army Medical Center

        12       in order to be fitted for his prosthetic legs.

        13                  He came home this past weekend,

        14       back to Gowanda.  And we are very excited

        15       because on April 3rd, in just a couple of

        16       days, the entire community is turning out to

        17       hold a special parade in his honor.  There

        18       will be a party of the entire community at the

        19       Gowanda American Legion.

        20                  And so I want to thank you, my

        21       colleagues, for voting to support this

        22       resolution.  I know that Sergeant Hackemer and

        23       his entire family and the entire community

        24       will be very excited to know that the State

        25       Senate took the time to recognize his



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         1       sacrifices on behalf of our country.

         2                  And so we will be there, and I know

         3       that you will be there in spirit too, because

         4       we are going to show Sergeant Hackemer how

         5       much we are grateful for his sacrifice, how

         6       much we are so proud of him, and how much we

         7       love him.  So thank you very much, my

         8       colleagues.

         9                  ACTING PRESIDENT GRIFFO:    Thank

        10       you, Senator Young.

        11                  The question is on the resolution.

        12       All in favor signify by saying aye.

        13                  (Response of "Aye.")

        14                  ACTING PRESIDENT GRIFFO:

        15       Opposed?

        16                  (No response.)

        17                  ACTING PRESIDENT GRIFFO:    The

        18       resolution is adopted.

        19                  Senator Libous.

        20                  SENATOR LIBOUS:    Mr. President,

        21       we will stand at ease for an hour, and we will

        22       come back at 5:30 to Room 332 for a Finance

        23       Committee meeting.

        24                  So the Finance Committee should be

        25       in Room 332 at 5:30, and the Finance Committee



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         1       meeting will meet, and until then the Senate

         2       will stand at ease.

         3                  Will you recognize Senator Breslin,

         4       please.

         5                  ACTING PRESIDENT GRIFFO:    Senator

         6       Breslin.

         7                  SENATOR BRESLIN:    Thank you,

         8       Mr. President.

         9                  There will be an immediate meeting

        10       of the Democratic Conference in the conference

        11       room.

        12                  ACTING PRESIDENT GRIFFO:    There

        13       will be an immediate meeting of the Democrat

        14       Conference in the conference room.

        15                  There will be a meeting of the

        16       Finance Committee in Room 332 at 5:30 p.m.

        17                  The Senate stands at ease.

        18                  (Whereupon, the Senate stood at

        19       ease at 4:32 p.m.)

        20                  (Whereupon, the Senate reconvened

        21       at 5:52 p.m.)

        22                  ACTING PRESIDENT MAZIARZ:

        23       Senator Libous.

        24                  SENATOR LIBOUS:    Mr. President,

        25       there is an immediate, and I say immediate



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         1       meeting of the Finance Committee in Room 332.

         2                  ACTING PRESIDENT MAZIARZ:

         3       Immediate meeting of the Senate Finance

         4       Committee in Room 332.

         5                  Senator Libous.

         6                  SENATOR LIBOUS:    We'll stand at

         7       ease.

         8                  ACTING PRESIDENT MAZIARZ:    The

         9       Senate will stand at ease pending the report

        10       of the Finance Committee.

        11                  (Whereupon, the Senate stood at

        12       ease at 5:53 p.m.)

        13                  (Whereupon, the Senate reconvened

        14       at 6:10 p.m.)

        15                  ACTING PRESIDENT GRIFFO:    The

        16       Senate will come to order.

        17                  Senator Skelos.

        18                  SENATOR SKELOS:    Mr. President,

        19       if we could return to the order of reports of

        20       standing committees, I believe there's a

        21       report of the Finance Committee at the desk.

        22       I ask that it be read.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       Secretary will read.

        25                  THE SECRETARY:    Senator



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         1       DeFrancisco, from the Committee on Finance,

         2       reports the following bills:

         3                  Senate Print 2810C, Senate Budget

         4       Bill, an act authorizing funding for the

         5       Consolidated Local Street and Highway

         6       Improvement Program; and

         7                  2812C, Senate Budget Bill, an act

         8       relating to constituting Chapter 18A of the

         9       consolidated laws.

        10                  Both bills ordered direct to third

        11       reading.

        12                  ACTING PRESIDENT GRIFFO:    Bills

        13       reported to third reading without objection.

        14                  Senator Skelos.

        15                  SENATOR SKELOS:    If we could take

        16       up the noncontroversial reading of the

        17       supplemental calendar.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       278, Senate Budget Bill, Senate Print 2812C --

        22                  SENATOR BRESLIN:    Lay it aside.

        23                  ACTING PRESIDENT GRIFFO:    Lay it

        24       aside.

        25                  THE SECRETARY:    Calendar Number



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         1       277, Senate Budget Bill, Senate Print 2810C --

         2                  SENATOR BRESLIN:    Lay it aside.

         3                  ACTING PRESIDENT GRIFFO:    Lay it

         4       aside.

         5                  Senator Skelos, that completes the

         6       noncontroversial reading of the supplemental

         7       calendar.

         8                  SENATOR SKELOS:    Mr. President,

         9       if we can go to the controversial reading of

        10       the supplemental calendar.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       Secretary will ring the bell.

        13                  Senator Skelos.

        14                  SENATOR SKELOS:    If we could once

        15       again go to the controversial reading of the

        16       supplemental calendar.

        17                  ACTING PRESIDENT GRIFFO:    We are

        18       on the controversial reading of the

        19       supplemental calendar.  The bells have been

        20       rung.

        21                  The Secretary will read.

        22                  THE SECRETARY:    Calendar Number

        23       277, Senate Print 2810C, Senate Budget Bill,

        24       an act to authorize funding for the

        25       Consolidated Local Street and Highway



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         1       Improvement Programs.

         2                  SENATOR SKELOS:    Mr. President,

         3       is there a message of necessity at the desk?

         4                  ACTING PRESIDENT GRIFFO:    There

         5       is a message of necessity at the desk, Senator

         6       Skelos.

         7                  SENATOR SKELOS:    Move to accept

         8       the message of necessity.

         9                  ACTING PRESIDENT GRIFFO:    All in

        10       favor of accepting the message of necessity

        11       please signify by saying aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT GRIFFO:

        14       Opposed?

        15                  (No response.)

        16                  ACTING PRESIDENT GRIFFO:    The

        17       message is accepted.

        18                  Read the last section.

        19                  THE SECRETARY:    Section 3.  This

        20       act shall take effect immediately.

        21                  SENATOR KRUEGER:     Explanation.

        22                  ACTING PRESIDENT GRIFFO:    An

        23       explanation is called for by Senator Krueger.

        24                  SENATOR SKELOS:    Mr. President,

        25       if I could just make some opening comments.



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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Skelos.

         3                  SENATOR SKELOS:    This is the

         4       beginning of our discussion of the 2011

         5       budget, which I am happy that it is not and

         6       certainly our conference has not increased

         7       taxes, is cutting government spending, and

         8       will set us on the road to the creation of

         9       private-sector jobs within this state.

        10                  A lot of work has gone into this

        11       budget.  I certainly want to thank all of our

        12       staff for their good work.  And also I want to

        13       thank Senator DeFrancisco, who chairs the

        14       Finance Committee, and members of the

        15       committee and all the members that

        16       participated on both sides of the aisle on the

        17       conference committee process that has brought

        18       us to this point.

        19                  We're working with Governor Cuomo.

        20       We will have an early budget, the first time

        21       since 1983, when there was another Governor

        22       Cuomo downstairs on the second floor.  But

        23       most of all, it brings fiscal reality back to

        24       this state.

        25                  With the completion of this budget,



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         1       not only will we be eliminating a $10 billion

         2       deficit without raising taxes, we will also

         3       bring next year's projected deficit from

         4       $15 billion to a more manageable $2 billion,

         5       which is less than 1 percent of the entire

         6       budget.

         7                  Within this budget we will be

         8       making permanent the Power for Jobs program

         9       and businesses will continue to receive

        10       low-cost power in exchange for their

        11       commitment to creating and retaining jobs.

        12       And I want to thank Senator Maziarz, who

        13       chairs the Energy Committee, for his good

        14       work.

        15                  I'm also delighted of Governor

        16       Cuomo's commitment to hosting a summit with

        17       all the stakeholders in making UB 2020 a

        18       reality, which will bring jobs and hope to

        19       Western New York as well as improvements to

        20       the other university centers, which are

        21       important priorities of the Senate Republican

        22       Conference.

        23                  So I'm sure there will be more said

        24       as we work our way through the budget process.

        25       But again, I thank all of our colleagues for



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         1       their good work, and I look forward to

         2       listening very carefully to the debate as we

         3       move forward.

         4                  So if we could just take up that

         5       legislation, I believe Senator DeFrancisco

         6       will handle the debate.

         7                  ACTING PRESIDENT GRIFFO:    Thank

         8       you, Senator Skelos.

         9                  Senator DeFrancisco on the

        10       explanation.

        11                  SENATOR DeFRANCISCO:    Thank you.

        12                  Senate 2810C is the transportation

        13       and economic development Article VII.

        14       Basically, what it provides is several things,

        15       many of which were in the Governor's original

        16       budget and not changed, so they've been out

        17       there since January as far as what the

        18       Governor had in mind.  And many of the items

        19       were approved and in this overall budget.

        20                  The first one dealt with the CHIPS

        21       program and the Marchiselli program, that we

        22       concurred with the Governor.  And the CHIPS

        23       monies are $363.1 million; Marchiselli money,

        24       Marciselli money -- depending if you want the

        25       Italian pronunciation or not -- was



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         1       $39.7 million, for a total of $402.8 million.

         2       Extremely important to all bridge and highway

         3       recipients throughout the state, very

         4       important.

         5                  The second part permanently

         6       extended the Department of Transportation's

         7       single audit program.  Again, we concurred

         8       with the Governor.  We concurred with the

         9       Governor to extend suspension of driver's

        10       licenses for certain alcohol-related charges.

        11       We also concurred with the Governor to

        12       permanently extend the suspension or

        13       revocation of driver's licenses for certain

        14       drug-related offenses and also concurred with

        15       the Governor to make permanent provisions

        16       relating to the Motor Vehicle Financial

        17       Security Act.

        18                  Next there was a change.  The next

        19       section deals with making permanent the

        20       general loan powers of the New York State

        21       Urban Development Corporation.  That's what

        22       the Governor's budget wanted to do.  We

        23       changed it, the legislative budget changed

        24       that to authorize the ESDC to issue loans,

        25       extending the authorization for only one year



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         1       rather than making it permanent, which will

         2       provide a little bit more oversight by the

         3       Legislature.

         4                  Next, we concurred with the

         5       Governor, we accepted his proposal to increase

         6       the lifetime maximum per eligible business

         7       from $1 million to $2 million.  And that deals

         8       with the Excelsior Linked Deposit Program.

         9                  Again, in the spirit of cooperation

        10       and bipartisanship, we concurred with the

        11       Governor in extending the New York State

        12       Higher Education Capital Matching Grant

        13       Program.  And also, to clarify the state

        14       government's cost recovery system, we concur

        15       with the Governor.  However, we did something

        16       else.  That provision is basically that the

        17       Governor proposed to increase from $55 million

        18       to $60 million the cost recovery by the state

        19       from public authorities.  The Senate further

        20       accepted the Executive's proposal to repeal

        21       such cost recovery from Industrial Development

        22       Agencies.  So they will not have that IDA tax

        23       going forward.

        24                  The Governor would not agree with

        25       retroactive elimination of that tax.  But the



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         1       Senate showed their position by passing a

         2       separate bill to in fact do that, to eliminate

         3       that IDA tax retroactively.  But the budget

         4       does not have that retroactive language.

         5                  We also concurred with the Governor

         6       in permanently establishing the distribution

         7       formula for the Community Services Block Grant

         8       program.

         9                  And there was a provision by the

        10       Governor to permanently establish the

        11       authority of the Secretary of State to charge

        12       increased fees for expedited handling of

        13       documents.  We did not concur with the

        14       Governor on that, we extended that ability for

        15       two years, and that's in the budget we're

        16       going to be dealing with.

        17                  We disagreed with the Governor's

        18       proposal to dissolve the Tug Hill Commission,

        19       and that will be in the budget.

        20                  We rejected the Governor's proposal

        21       to eliminate the salary for the chair of the

        22       State Athletic Commission, so that salary will

        23       still be in the budget.

        24                  There are several other

        25       concurrences that I can go through in great



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         1       detail.  And I probably should, rather than

         2       doing that, see if there are any specific

         3       questions, because some of these areas may not

         4       be of interest to discuss or debate on the

         5       floor.  So I'll stop at this point.  And if

         6       there are any questions, I'd be happy to try

         7       to answer them.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Krueger, why do you rise?

        10                  SENATOR KRUEGER:    Thank you,

        11       Mr. President.  I do have a series of

        12       questions for the sponsor, so thank you very

        13       much.

        14                  To start, just to clarify, Senator

        15       Skelos, before he turned over the questions to

        16       Senator DeFrancisco, pointed out that we are

        17       trying to get a budget done on time or even

        18       early this year.  But of course, for the

        19       record, these bills were received with

        20       messages of necessity and have only been in

        21       print and available to the public and to

        22       ourselves for a few hours.  And so we do have

        23       a series of questions about what's actually in

        24       these budget bills and what's not.

        25                  But if I might start by asking,



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         1       because we're working hard to stay apace, are

         2       we expecting any other bills to be brought to

         3       the floor this evening?  And if so, have we

         4       received any other messages of necessity on

         5       budget bills from the Governor?

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       Krueger is asking Senator DeFrancisco to

         8       yield.

         9                  Senator DeFrancisco, do you yield

        10       to questions from Senator Krueger?

        11                  SENATOR DeFRANCISCO:    We expect

        12       to do one other bill tonight, the state

        13       operations bill.  It's currently in -- it's

        14       been printed, it's currently being reviewed.

        15       And we expect to get a message of necessity

        16       from the Governor on that bill as well.

        17                  SENATOR KRUEGER:    Thank you.

        18                  And, Mr. President, to follow up,

        19       do we know if there's a total budget agreement

        20       on all the remaining outstanding issues?  Even

        21       though I understand from Senator DeFrancisco's

        22       answer to my last question there are not

        23       necessarily budget bills in print, available

        24       for us to see on all the other sections of the

        25       budget.



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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       DeFrancisco, do you yield?

         3                  SENATOR DeFRANCISCO:    Yes, I do.

         4                  And I'll answer it in that there

         5       was a budget agreement announced on Sunday by

         6       the leadership.  And since Sunday at about

         7       4 o'clock or 4:30 when that announcement was

         8       made, there has been discussions among the

         9       Assembly, the Senate, and the Governor

        10       pertaining to the specific language to make

        11       sure everyone agreed that the intent of the

        12       agreement was accurately reflected in the

        13       bills.

        14                  So the reason we're doing these

        15       three bills this evening is that the language

        16       has been agreed to by each of the three houses

        17       and is ready to be voted upon.

        18                  There are still a few cleanup

        19       issues that are being resolved; for example,

        20       the table dealing with Medicaid and health,

        21       because that's one of the most complicated

        22       ones because it had some of the most

        23       comprehensive changes.

        24                  However, the agreement is there.

        25       It's a question of making sure the language



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         1       expresses what everyone believes the agreement

         2       was supposed to be.

         3                  And you have to understand that the

         4       staffs of the Assembly and the Senate have

         5       literally been working around the clock with

         6       virtually no sleep.  So the process is going

         7       as expeditiously as humanly possible.  And we

         8       certainly expect the remainder of the bills to

         9       be in print for review and also to be voted

        10       on, we expect, by tomorrow.

        11                  SENATOR KRUEGER:    Thank you,

        12       Mr. President.  If the sponsor would continue

        13       to yield.

        14                  SENATOR DeFRANCISCO:    Yes, I

        15       would.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       DeFrancisco yields.

        18                  SENATOR KRUEGER:    Thank you.  So

        19       my understanding is there is a full agreement

        20       on the budget, at least in principle, in

        21       outline, but not necessarily all the

        22       individual bills yet in print.

        23                  Is there information that my Senate

        24       colleagues from the Majority could share with

        25       us in advance of those bills so that we could



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         1       see what the specific agreements are between

         2       the, so to speak, three leaders in the room?

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       DeFrancisco.

         5                  SENATOR DeFRANCISCO:    Well, as

         6       you know, Senator Krueger, it wasn't three

         7       leaders in the room.  Unlike the last two

         8       years, we actually followed the law.  And we

         9       followed the law by following the 2007 Budget

        10       Reform Act.  And exactly according to

        11       schedule, each house had their one-house

        12       budget bills done, the joint conference

        13       committees were held -- in fact, some of the

        14       committees, like the Health Committee, met

        15       many times -- publicly discussing some of the

        16       most controversial issues.

        17                  So this isn't three men in a room.

        18       Right now, it's the staffs in the room making

        19       sure that the intent of the Legislature and

        20       the Governor is accurately reflected in the

        21       language.

        22                  And rather than going through

        23       what's in the other bills that we will go

        24       through in great detail when they're formally

        25       in print and available to be debated, we have



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         1       a bill before the floor right now, and I want

         2       to confine my remarks to what this bill

         3       pertains to.  And I will do the same at the

         4       next bill.  And as the bills are ushered out,

         5       we will discuss anything that Senator Krueger

         6       or any other member chooses to discuss.

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Krueger.

         9                  SENATOR KRUEGER:    Thank you,

        10       Mr. President.  I appreciate the sponsor's

        11       response.

        12                  Again, just for the record, the

        13       concern is that there was only an outline of

        14       verbal statements and quick summaries from the

        15       conference committees and through the mother

        16       ship, and we were hoping to actually see the

        17       language of agreements before bills showed up.

        18                  Because we know, as was raised in

        19       the beginning, that there's an expectation

        20       that we are going to move very, very quickly

        21       through the budget bills.  And again,

        22       information is knowledge, and it would be

        23       better to have more than a couple of hours of

        24       information and knowledge before having to

        25       make difficult decisions on behalf of the



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         1       State of New York.

         2                  But to start questioning on this

         3       bill before us tonight, I'm going to start

         4       with some transportation questions --

         5                  ACTING PRESIDENT GRIFFO:    So,

         6       Senator Krueger, are you asking the sponsor to

         7       continue to yield?

         8                  SENATOR KRUEGER:    Thank you so

         9       much.  I am asking the sponsor to yield for

        10       some questions.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       DeFrancisco, will you yield to questions on

        13       this specific bill?

        14                  SENATOR DeFRANCISCO:    Yes.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Krueger.

        17                  SENATOR KRUEGER:    Thank you.

        18                  What the total of All Funds

        19       appropriation for the transportation budget,

        20       and how is that different from the current

        21       year transportation budget?

        22                  SENATOR DeFRANCISCO:    The

        23       transportation appropriations are not in this

        24       bill.  The language -- this is an Article VII

        25       bill showing what the agreement is as far as



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         1       what Article VII proposals we accepted, what

         2       Article VII proposals we rejected or modified.

         3                  There will be a separate

         4       appropriations bill, in detail, with each of

         5       the numbers that you're looking for, in a

         6       subsequent appropriation bill.

         7                  SENATOR KRUEGER:    Thank you,

         8       Mr. President.

         9                  The first question I think

        10       highlights the dilemma for us in trying to

        11       move forward with the budget, that we are

        12       being asked to vote on language bills that

        13       explains how money is going to be used without

        14       actually having seen the appropriation bills

        15       yet that show the dollar amount of what

        16       they're going to be used for.

        17                  SENATOR DeFRANCISCO:    May I

        18       respond?

        19                  SENATOR KRUEGER:    Oh, of course.

        20       May --

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       DeFrancisco.

        23                  SENATOR DeFRANCISCO:    I did, by

        24       the way, mention in my opening remarks that

        25       that part of this bill dealing with CHIPS and



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         1       Marchiselli is in the language of this bill,

         2       $363.1 million for CHIPS and $39.7 million for

         3       Marchiselli.

         4                  As far as transportation costs that

         5       are related to this particular bill, the

         6       language bill, those are the only

         7       appropriations in this language bill that are

         8       relevant to Article VII issues.  So as a

         9       practical matter, you do have the numbers that

        10       are relevant to this Article VII bill.

        11                  As far as the point that the

        12       difficulty in trying to deal with one bill at

        13       a time, the Governor is extremely interested,

        14       as is the Senate leadership, to make sure we

        15       have a budget hopefully early.  And we're not

        16       trying to rush anybody into anything, but we

        17       also don't want to be in a situation where

        18       we're wasting time today when there are bills

        19       in print, with the language in print, to be

        20       reviewed and gotten out of the way, rather

        21       than having a marathon session to try to beat

        22       the clock.  And I think it's a very efficient

        23       way to do it, and it will benefit everyone by

        24       doing it in a timely fashion.

        25                  SENATOR KRUEGER:    Thank you,



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         1       Mr. President.  I don't think anybody wants to

         2       have marathon sessions that are unnecessary.

         3       We just want to ask questions and get answers

         4       to them before we actually vote for or against

         5       individual budget bills.

         6                  And as my colleague so well

         7       explained, we're on a language bill --

         8       Article VII, transportation, economic

         9       development, environmental conservation --

        10       where most sections of the bill relate to

        11       appropriations, but we have yet to have final

        12       appropriation language for the bills.  It's

        13       sort of like when we do the budget each year,

        14       spending the money before we do revenue bills

        15       explaining where we got the money.  So again,

        16       this whole process is a little out of order.

        17                  If I could just jump to -- does

        18       this bill lay out any language for plans to

        19       either continue the MTA payroll tax at its

        20       current levels or change that MTA payroll tax?

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       DeFrancisco.

        23                  SENATOR DeFRANCISCO:    This bill

        24       does not deal with that issue.

        25                  SENATOR KRUEGER:    Thank you.



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         1                  Does this bill --

         2                  ACTING PRESIDENT GRIFFO:    Senator

         3       Krueger, do you wish to have the sponsor

         4       continue to yield?

         5                  SENATOR KRUEGER:    Excuse me.  I'm

         6       going to get the rhythm of that, I promise,

         7       Mr. President.

         8                  SENATOR DeFRANCISCO:    I'm not so

         9       sure if we're violating the rules, but I have

        10       no problem her asking the question, I'll be

        11       happy to answer each one.  As opposed to

        12       getting permission.

        13                  ACTING PRESIDENT GRIFFO:    I will

        14       allow some latitude in that.

        15                  SENATOR DeFRANCISCO:    Thank you.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Krueger.

        18                  SENATOR KRUEGER:    No, no, I'm

        19       usually very good at this.  So I will stay

        20       focused on going through you, Mr. President.

        21                  Through you, Mr. President, if the

        22       sponsor would continue to yield.

        23                  SENATOR DeFRANCISCO:    Yes.

        24                  SENATOR KRUEGER:    You have to

        25       wait for him to answer.



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         1                  ACTING PRESIDENT GRIFFO:    Yes,

         2       the sponsor yields, Senator Krueger.

         3                  SENATOR KRUEGER:    Thank you very

         4       much.

         5                  What in this bill specifically

         6       changes anything in transportation policy or

         7       MTA policy, since we have agreed that there's

         8       not really money in this bill?  Could you go

         9       over for me the changes in transportation

        10       budget, transportation policy, capital budget

        11       or policy, or MTA budget or policy?

        12                  SENATOR DeFRANCISCO:    Well,

        13       nothing on MTA.  But when I was going through

        14       my summary, there are a few things that the

        15       Governor proposed that we modified somewhat.

        16       For example, there were certain -- well,

        17       actually, that we agreed with.

        18                  For example, the Governor suggested

        19       the good policy would be to extend suspension

        20       or revocation of driver's licenses for certain

        21       drug-related offenses.  That technically

        22       changes the law in that it wasn't permanent

        23       before.  Now it's going to be permanent.  Same

        24       with extending suspension of driver's license

        25       for certain alcohol-related charges.  That's



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         1       now going to be permanent in order that the

         2       Governor proposes.  Permanently extending the

         3       Department of Transportation single audit

         4       program.  That was not permanent; it now is.

         5                  So insofar as some of these issues

         6       that I've already outlined, there are policy

         7       changes insofar as making policies that were

         8       in existence, having them extend permanently

         9       as opposed to having to be -- a new bill being

        10       put forward because of a sunset.  So there's

        11       that type of provision in this type of budget.

        12       And there's a few others that I could go

        13       through if you'd like.

        14                  SENATOR KRUEGER:    Thank you.  I

        15       appreciate the explanation.  Mr. President, if

        16       through you the sponsor would continue to

        17       yield.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       sponsor yields.

        20                  SENATOR KRUEGER:    Thank you.

        21                  Senator DeFrancisco just laid out a

        22       number of permanent extenders that are built

        23       into this Article VII bill.  Why is the

        24       Legislature taking the position that we should

        25       do permanent extenders of changes in the law



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         1       as opposed to extenders that match with budget

         2       years?

         3                  SENATOR DeFRANCISCO:    Because

         4       it's the right thing to do.  The Governor

         5       proposed it.  And these penalties, for

         6       example, in alcohol-related offenses, dealing

         7       with suspension of driver's licenses for

         8       alcohol-related offenses, drug-related

         9       offenses, it is good public policy and it

        10       should be extended permanently.

        11                  It's just that we agree with the

        12       Governor on these permanent extensions.

        13       There's simply no reason to have to do it year

        14       after year in a budget bill when it's good

        15       public policy.

        16                  SENATOR KRUEGER:    Thank you,

        17       Mr. President.  If the sponsor would continue

        18       to yield, please.

        19                  SENATOR DeFRANCISCO:    Yes.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       sponsor yields.

        22                  SENATOR KRUEGER:    Thank you.

        23       Moving into the economic development section

        24       of this bill, this is a language bill, as

        25       we've already established.  And is there



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         1       language about the state's economic

         2       development plan specifically laid out in this

         3       bill?  Are we continuing to push for a mission

         4       of revitalization in economic development?

         5       And how are we planning to do that in the

         6       context of these language changes?

         7                  SENATOR DeFRANCISCO:    Well,

         8       there's only -- well, it depends on what's

         9       meant by your question.  There is something in

        10       here making permanent -- the Governor wanted

        11       to make permanent the general loan powers of

        12       the New York State Urban Development

        13       Corporation.  We didn't think that was a good

        14       idea, nor did the Assembly, so we only gave

        15       that authority to ESDC for one year.  We

        16       thought more oversight by the Legislature made

        17       sense.

        18                  But with respect to the other major

        19       economic development proposals of the

        20       Governor, such as the regional economic

        21       development organizations, that's not in this

        22       bill.  That will be in a subsequent bill that

        23       we will explain at the time that bill comes

        24       out.

        25                  SENATOR KRUEGER:    Thank you,



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         1       Mr. President.  If through you the sponsor

         2       will continue to yield.

         3                  SENATOR DeFRANCISCO:    Yes.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       sponsor yields.

         6                  SENATOR KRUEGER:    Thank you.

         7                  I believe that the Senator is

         8       referencing Part DD of this bill in what he

         9       reviewed on the UDC or ESDC requiring to

        10       submit a financial plan to the DOB and go

        11       through the documentation of their various

        12       accounts.  Which I have to say I think is

        13       actually a very good thing for us to be doing.

        14                  But I'm confused because I don't

        15       believe any of this was discussed in the

        16       conference committee or the report.  Was this

        17       part of the economic development conference

        18       discussions?

        19                  SENATOR DeFRANCISCO:    You know, I

        20       really can't recall.  But I can tell you the

        21       reports this year were a lot longer than the

        22       last two years and had much more detail.

        23       Whether this particular proposal was in the

        24       report, I really don't know.  Some of the

        25       information was probably not, and you may be



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         1       right that this might not have been.

         2                  SENATOR KRUEGER:    Mr. President,

         3       if through you the sponsor will continue to

         4       yield.

         5                  SENATOR DeFRANCISCO:    Yes.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       sponsor yields.

         8                  SENATOR KRUEGER:    Thank you.

         9       Again, referencing Part DD of this bill

        10       specific to economic development, it

        11       references a series of separate accounts

        12       within ESDC.  Are these new accounts we're

        13       discussing or simply a review of all the

        14       existing accounts?

        15                  SENATOR DeFRANCISCO:    They are

        16       existing accounts.

        17                  SENATOR KRUEGER:    Thank you.

        18                  Mr. President, if through you the

        19       sponsor would continue to yield.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       sponsor yields.

        22                  SENATOR KRUEGER:    There's also a

        23       Part EE of the bill which is an authorization

        24       for an Empire State New Market Corporation.

        25       Could the sponsor please explain what that is



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         1       to me?

         2                  SENATOR DeFRANCISCO:    Well,

         3       that's a very good question.  Because I don't

         4       know the answer at the moment, but I'll have

         5       to consult with someone who does.

         6                  All right, I've been informed that

         7       this legislation allows the Urban Development

         8       Corporation to create limited liability

         9       companies to take advantage of a federal

        10       program.  Without limited liability programs,

        11       we wouldn't be able to take advantage of the

        12       federal New Markets Tax Credit program, and

        13       that's the purpose for it.

        14                  SENATOR KRUEGER:    Mr. President,

        15       if through you the sponsor would continue to

        16       yield.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       sponsor yields.

        19                  SENATOR KRUEGER:    Thank you.  And

        20       following up on this question of these new

        21       market credits and the creation somehow of

        22       LLCs in order to take advantage of these

        23       federal tax credits, is there any matching

        24       state cost associated with the creation of

        25       this program or this section of the



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         1       Article VII language?

         2                  SENATOR DeFRANCISCO:    No, there's

         3       no required matching funds.  And the total

         4       amount of the potential tax credits is

         5       $30 million.

         6                  SENATOR KRUEGER:    Thank you.

         7                  Mr. President, if through you the

         8       sponsor would continue to yield.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       sponsor yields.

        11                  SENATOR KRUEGER:    Thank you.

        12                  So we have a new program created

        13       within this bill which would hopefully allow

        14       us to take advantage of some federal tax

        15       credits, I hear to the tune of $30 million,

        16       and it would be involving LLCs.  Would the

        17       Independent Authorities Budget Office have

        18       oversight on this program?  And would there be

        19       the same requirements for transparency and

        20       audit by the Independent Public Authorities

        21       Budget Office as was created in our Public

        22       Authorities Reform Act?  And don't ask me to

        23       say that again.

        24                  SENATOR DeFRANCISCO:    Yes, it

        25       would be subject to that review.  And in



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         1       addition, this is technically not a new state

         2       program, it's simply allowing us to be able to

         3       have the mechanics in place to take advantage

         4       of the federal tax credit program of

         5       $30 million.

         6                  SENATOR KRUEGER:    And,

         7       Mr. President, if the sponsor would continue

         8       to yield.

         9                  SENATOR DeFRANCISCO:    Yes, I

        10       would.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       sponsor yields.

        13                  SENATOR KRUEGER:    Thank you.

        14                  So it's my understanding that this

        15       section, Part EE, like Part DD, were not

        16       discussed at the conference committee tables.

        17       Are there any other sections of this bill that

        18       we are seeing tonight that did not come out of

        19       conference committee discussions?

        20                  SENATOR DeFRANCISCO:    You know, I

        21       really don't know that.  I don't have all the

        22       reports in front of me.  I'm sure that the

        23       reports have been available.  They were made

        24       public when they were handed up to the joint

        25       conference committee.  I'm certain that some



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         1       of the items that are in the final bills were

         2       not discussed by the joint conference

         3       committees.

         4                  I understand also that the process

         5       is not perfect, that I would love to see every

         6       single issue before the joint conference

         7       committees.  However, that did not happen this

         8       year.  But there was definitely a good faith

         9       effort on behalf of the Assembly and the

        10       Senate leadership to have open discussions on

        11       as many issues as possible that we could

        12       during the time frame allotted.  And no doubt

        13       some of these were not in the committee

        14       reports.

        15                  Some of the committee reports, by

        16       the way, referred them to the general

        17       conference committee for discussion, and some

        18       of those issues were decided in negotiations

        19       by the leaders.  And there's no secret about

        20       that.

        21                  SENATOR KRUEGER:    Thank you,

        22       Mr. President.  Actually, I appreciate Senator

        23       DeFrancisco's direct answers to my questions.

        24       Again, it highlights my earlier point that it

        25       would have been helpful had there been actual



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         1       language available for people to see before we

         2       actually were moving the new bill to the

         3       floor.

         4                  And again, for the record, Senate

         5       law requires that bills that are being voted

         6       on on the floor actually have memos.  And I,

         7       at least, don't see memos to this budget bill

         8       on my desk.

         9                  I'm certainly not going to delay

        10       the process here tonight.  But again, for the

        11       record, many of the questions that we want to

        12       make sure get asked are because we went

        13       through conference committees -- better than

        14       some years, not perfect -- we were not

        15       provided language agreements between the two

        16       houses prior to coming to the floor of the

        17       Senate.  We are desperately reading the bills

        18       literally as we are moving them.

        19                  And again, for the record, I --

        20       perhaps it's on other people's desks, but I

        21       don't see a memo to this bill here before us.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Krueger, are you on the bill now?

        24                  SENATOR KRUEGER:    No, I was

        25       making a point that there is no memo.  Or



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         1       perhaps I'll make that a question.  Is there a

         2       memo for this bill?

         3                  SENATOR DeFRANCISCO:    No.  The

         4       way I understand the rules is that the memos

         5       that are required are on appropriation bills.

         6                  However, the bill that we are

         7       discussing right now was on the Internet

         8       starting at 1:20 this afternoon.  This session

         9       started about 6:20 today.  There were five

        10       hours.  The total number of pages of this bill

        11       is 45 1/2.  And since we concurred with the

        12       Governor on so many of the areas -- the

        13       Governor's language has been in existence for

        14       two months, two and a half months.

        15                  So the areas that you have

        16       highlighted that you are concerned you didn't

        17       have time to read are a small pittance of the

        18       amount of these 45 1/2 pages, which all of us

        19       could clearly have read in time, in five

        20       hours, to be prepared for this.  And you're

        21       obviously prepared to discuss it by the nature

        22       of your questions.

        23                  SENATOR KRUEGER:    Thank you.

        24                  Mr. President, if the sponsor would

        25       continue to yield, please.



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         1                  SENATOR DeFRANCISCO:    Yes, I

         2       would.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       DeFrancisco yields, Senator Krueger.

         5                  SENATOR KRUEGER:    Thank you.

         6                  Without ceding agreement that not

         7       all bills that come to the floor of the Senate

         8       need memos because I'm pretty sure all bills

         9       need memos -- the next bill that I'm advised

        10       we may be taking up tonight, the government

        11       operations appropriation bill, can I assume

        12       that there will be a memo for that bill before

        13       we take it up on the floor?

        14                  SENATOR DeFRANCISCO:    You can

        15       assume that, correct.

        16                  SENATOR KRUEGER:    Thank you.

        17                  SENATOR DeFRANCISCO:    And I will

        18       do my best to make certain it is on the

        19       tables.

        20                  SENATOR KRUEGER:    Because I want

        21       to agree with Senator DeFrancisco that this

        22       bill we're discussing now is, for budget bill

        23       purposes, a relatively small bill.

        24                  But the government ops

        25       appropriation bill that we got I believe



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         1       around 5:30 this evening was approximately

         2       that thick (indicating) in its original

         3       format, so a memo certainly would be valuable

         4       for being able to improve the questions and

         5       the process.

         6                  Following back up on my questions

         7       on this bill, if the sponsor would continue to

         8       yield.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       DeFrancisco continues to yield.

        11                  SENATOR KRUEGER:    Thank you.

        12                  There was some disagreement over

        13       the last few weeks around regional economic

        14       development councils.  How were those issues

        15       resolved in this Article VII bill?  Have we

        16       established the regional development councils,

        17       and do we know what source of funding will be

        18       used for them?

        19                  SENATOR DeFRANCISCO:    This is not

        20       in this bill, but the regional councils are

        21       going to be in place in a subsequent bill.

        22       And it's going to be done by executive order,

        23       and I think it's $170 million -- 130.  A few

        24       million here or there.  But $130 million, and

        25       it's going to be by executive order.



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         1                  SENATOR KRUEGER:    So it sounds

         2       like I will go back to those questions at a

         3       later time when we deal with the appropriate

         4       bill.

         5                  I want to thank the sponsor for his

         6       answers to my questions, and I believe that

         7       several of my other colleagues have additional

         8       questions to ask.

         9                  ACTING PRESIDENT GRIFFO:    Thank

        10       you, Senator Krueger.  Thank you, Senator

        11       DeFrancisco.

        12                  Senator Dilan.

        13                  SENATOR DILAN:    Yes, thank you,

        14       Mr. President.  I have two questions regarding

        15       the transportation Article VII language --

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Dilan, are you asking Senator DeFrancisco to

        18       yield?

        19                  SENATOR DILAN:    Yes, but I first

        20       was stating why I'm rising.

        21                  -- in regard to two items that were

        22       agreed upon at the transportation table that

        23       are omitted from the Article VII bill.  So I

        24       wanted an explanation as to why those items

        25       are not in the bill.  Specifically, DMV and



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         1       private airports and Stewart Airport.  So I am

         2       asking him will he yield for two questions.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       DeFrancisco, will you yield to a couple of

         5       questions from Senator Dilan?

         6                  SENATOR DeFRANCISCO:    I will.

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Dilan.

         9                  SENATOR DILAN:    Yes, Senator,

        10       specifically DMV Part F in the bill, the bill

        11       indicates that the language was intentionally

        12       omitted.  However, at the transportation table

        13       the Assembly and Senate did agree to this

        14       language.

        15                  Also, I do have a letter from the

        16       U.S. Department of Transportation that if we

        17       do not deal with this item we would be out of

        18       compliance by October 1, 2011, and we would

        19       lose 5 percent federal funding with respect to

        20       federal aid for highway funds.

        21                  So do we know why this was omitted?

        22                  SENATOR DeFRANCISCO:    Okay, I'm

        23       trying to listen to you and two other people,

        24       but I think I got it all down pat.

        25                  It's not in this bill, but it will



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         1       be in a -- we expect it to be in a subsequent

         2       bill tomorrow.  So we can discuss that.  The

         3       language is being refined -- as I mentioned

         4       before, some of the language is, and it's not

         5       ready yet.  So it was pulled out of this bill,

         6       it's going to be in one of the other bills.

         7                  Secondly, I am trying to figure

         8       out, because I was told that memos were

         9       prepared on both of the bills that we are

        10       discussing tonight, and I got -- well, I can

        11       tell you that everybody does have memos on

        12       their desks that includes a memo, Senate

        13       report on Senate 2812C that we're discussing

        14       right now.  There is also a memo on -- excuse

        15       me, 2810C we're discussing now.  There's also

        16       one on Senate 2812C.

        17                  So everyone does have those.  And I

        18       mistakenly said that they were not there, but

        19       they are.

        20                  SENATOR DILAN:    I would just,

        21       Mr. President, like to indicate that this memo

        22       was placed on my desk maybe a couple of

        23       minutes ago.  So I just want that to be on the

        24       record.

        25                  SENATOR DeFRANCISCO:    Fine.



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         1       There was some confusion, but everybody has

         2       them now.

         3                  SENATOR DILAN:    Would he yield to

         4       another question?

         5                  ACTING PRESIDENT GRIFFO:    Senator

         6       DeFrancisco, do you yield?

         7                  SENATOR DeFRANCISCO:    Yes.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Dilan.

        10                  SENATOR DILAN:    Yes, Senator, is

        11       that the same case with the $4 million of

        12       unused funding for private airports and

        13       Stewart Airport?

        14                  SENATOR DeFRANCISCO:    Yes, that

        15       will be -- that money will be in an

        16       appropriations bill.

        17                  SENATOR DILAN:    Another question.

        18                  ACTING PRESIDENT GRIFFO:

        19       Senator, will you continue to yield?

        20                  SENATOR DeFRANCISCO:    Yes.

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Dilan.

        23                  SENATOR DILAN:    Yes, the reason

        24       I'm asking these questions is because at our

        25       conference subcommittee table, both these



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         1       items were treated as Article VII.  Why were

         2       they changed to another appropriations bill

         3       when we were talking about Article VII

         4       language?  And we're dealing with an Article

         5       VII bill.

         6                  SENATOR DeFRANCISCO:    I'm just

         7       trying to get the real reason here, and I

         8       haven't quite understood it myself.  And I

         9       just want to -- if you'd give me one moment.

        10                  All right, the Part F, the language

        11       to conform the Vehicle and Traffic Law to

        12       federal requirements, will be in a separate

        13       Article VII bill.  The other issue that you

        14       raised concerning the airports is going to be

        15       in an appropriations bill.

        16                  Now, I think it was more mechanics

        17       than -- in view of trying to get this process

        18       going, other than trying to confuse anyone, it

        19       was the mechanics of getting done as much as

        20       we could get done as early as we could get

        21       done in this budget.  And those items, some

        22       items were pushed to another bill or two.

        23                  SENATOR DILAN:    All right.  On

        24       the bill.

        25                  ACTING PRESIDENT GRIFFO:    Senator



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         1       Dilan on the bill.

         2                  SENATOR DILAN:    With respect to

         3       the omission of these two items in the

         4       Article VII language just seems confusing.

         5       And for it to be moved into another area

         6       without consultation or letting members of the

         7       subcommittee know, I think is wrong.

         8                  Thank you.

         9                  ACTING PRESIDENT GRIFFO:    Thank

        10       you, Senator Dilan.

        11                  Is there any other Senator wishing

        12       to be heard?

        13                  Senator Stewart-Cousins.

        14                  SENATOR STEWART-COUSINS:    Would

        15       the sponsor yield, please, for a question.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       DeFrancisco, do you yield?

        18                  SENATOR DeFRANCISCO:    Yes, I

        19       would.

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Stewart-Cousins.

        22                  SENATOR STEWART-COUSINS:    Senator

        23       DeFrancisco, I just wanted to go back very

        24       briefly to the MTA payroll tax.

        25                  And I know we'd had disagreements



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         1       back and forth in terms of what new taxes are

         2       and what new taxes aren't.  And one of the

         3       conversations that we had around the so-called

         4       millionaire's tax was that it was a new tax

         5       and that was going to be allowed to expire

         6       because there are no new taxes.

         7                  And I'm just wondering what the

         8       rationale is, say, for the MTA payroll tax in

         9       terms of not allowing that tax to expire.

        10                  SENATOR DeFRANCISCO:    You're

        11       referring to the MTA payroll tax that was

        12       imposed last year or the year before?

        13                  SENATOR STEWART-COUSINS:    The

        14       same as the so-called millionaire's tax.  I'm

        15       making the analogy because in my mind they're

        16       analogous.

        17                  SENATOR DeFRANCISCO:    The reason

        18       is basically this.  Number one, the

        19       millionaire's tax, both the Governor and the

        20       Senate Majority made a pledge that there would

        21       be no new taxes.  And in making that pledge we

        22       wanted to honor that pledge because by

        23       extending a tax that expires, we believe that

        24       that was imposing a new tax because it's

        25       otherwise going to expire.



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         1                  The MTA payroll tax that was

         2       imposed when we had a different majority, your

         3       majority, running the government is a

         4       $1.5 billion item.  Unfortunately, it was not

         5       physically -- or it was not fiscally possible

         6       to deal with a $10 billion deficit and also

         7       eliminate another tax of $1.5 billion.  It

         8       just couldn't be done.  So that's the

         9       rationale behind it.

        10                  And it was -- you know, it was

        11       very -- I think we -- the last couple of years

        12       there were $14 billion in new taxes,

        13       $14 billion in new spending that we all voted

        14       against.  And had we not done that, maybe we

        15       wouldn't have had to impose an MTA tax if we'd

        16       kept spending under control the last couple of

        17       years when you were in the majority.

        18                  So right now what we're trying to

        19       do is get the house in order and hopefully be

        20       in a position to have an economy that actually

        21       creates more taxpayers paying taxes, and maybe

        22       be able to get rid of onerous taxes that were

        23       imposed the last couple of years in future

        24       years.

        25                  SENATOR STEWART-COUSINS:    I



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         1       appreciate --

         2                  ACTING PRESIDENT GRIFFO:    Senator

         3       Stewart-Cousins, are you asking Senator

         4       DeFrancisco to continue to yield?  Or are you

         5       going to speak on the bill?

         6                  SENATOR STEWART-COUSINS:    No,

         7       just on the bill, yes.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Stewart-Cousins on the bill.

        10                  SENATOR STEWART-COUSINS:    I do

        11       remember being here last year and the year

        12       before and we were looking at several billion

        13       dollars, around $32 billion.  And I know that

        14       as our discussions around this tax, which

        15       indeed many, certainly in the Hudson Valley,

        16       were very concerned about.  But because of the

        17       amount of deficit we had to deal with and the

        18       recommendations, frankly, of the MTA and

        19       others, in order to keep people riding, and

        20       transportation being so critical to jobs, it

        21       was imposed.

        22                  But I remember the difference in

        23       terms of the feelings of that and was just

        24       wondering, frankly, when the opportunity

        25       existed to say goodbye possibly to what people



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         1       consider an onerous tax, why that opportunity

         2       was not achieved.  So thank you.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Kennedy.

         5                  SENATOR KENNEDY:    Thank you,

         6       Mr. President.  Through you, Mr. President,

         7       will the sponsor yield for questions?

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       DeFrancisco, do you yield?

        10                  SENATOR DeFRANCISCO:    Yes.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Kennedy.

        13                  SENATOR KENNEDY:    Thank you.

        14                  This is regarding the agriculture

        15       portion of this bill.  Can you discuss and

        16       explain the Share New York Food initiative,

        17       please?

        18                  SENATOR DeFRANCISCO:    Would you

        19       please repeat the question?

        20                  SENATOR KENNEDY:    Sure.  Can you

        21       please discuss, explain the Share New York,

        22       Share NY Food initiative?

        23                  SENATOR DeFRANCISCO:    Can you

        24       tell me what section of this budget bill

        25       that's in?



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         1                  SENATOR KRUEGER:    Part U.

         2                  SENATOR DeFRANCISCO:    All right,

         3       I guess I've been told it's in Part U.

         4                  We accepted the Executive's

         5       proposal to establish the Share New York

         6       initiative that would utilize available funds

         7       from the upstate agricultural development

         8       funds as well as federal funds to improve

         9       farmers' market functions and expand access to

        10       fresh produce to underserved areas.

        11                  SENATOR KENNEDY:    Thank you.

        12                  The Governor originally proposed --

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Kennedy, are you asking --

        15                  SENATOR KENNEDY:    Mr. President,

        16       through you, will the sponsor continue to

        17       yield?

        18                  SENATOR DeFRANCISCO:    Yes.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       DeFrancisco yields.

        21                  SENATOR KENNEDY:    Thank you.

        22                  The Governor originally proposed

        23       $1.2 million in competitive grants.  Is this

        24       funding included in the budget agreement?

        25                  SENATOR DeFRANCISCO:    You're



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         1       asking if it's competitive grants?

         2                  SENATOR KENNEDY:    The Governor

         3       proposed competitive grants to the tune of

         4       $1.2 million.  Is that funding included in the

         5       budget?

         6                  SENATOR DeFRANCISCO:    First of

         7       all, this was never proposed by the Governor's

         8       competitive grants.

         9                  There were competitive grants that

        10       are going to be in the bill that deals with

        11       agriculture, and those competitive grants --

        12       that are unrelated to this -- have been

        13       eliminated.  And there are grants that are

        14       lined out in the budget, in one of the

        15       appropriation bills, that list each of the

        16       organizations that get those competitive

        17       grants.

        18                  This was never subject to

        19       competitive grants by the Governor.  We took

        20       his language exactly the way it was in January

        21       in his original bill.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Kennedy.

        24                  SENATOR KENNEDY:    Will the

        25       sponsor continue to yield?  Mr. President,



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         1       through you.

         2                  SENATOR DeFRANCISCO:    Yes.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       DeFrancisco yields.

         5                  SENATOR KENNEDY:    Senator

         6       DeFrancisco, could you please describe how the

         7       grants would work?

         8                  SENATOR DeFRANCISCO:    Well, the

         9       grant money, the way I understand it, is

        10       that -- the Governor proposed that these

        11       grants would be in the Governor's discretion.

        12       We accepted that.  And the amount of money

        13       isn't really lined out, it's -- how much is

        14       going to be available is unknown at this point

        15       in time.

        16                  SENATOR KENNEDY:    Thank you.

        17                  ACTING PRESIDENT GRIFFO:    Thank

        18       you, Senator Kennedy.

        19                  Senator Diaz.

        20                  SENATOR DIAZ:    Mr. President,

        21       would Senator Dilan yield for a question or

        22       two, please?

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       DeFrancisco, do you yield --

        25                  SENATOR DIAZ:    No, Dilan.  Dilan.



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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Dilan.

         3                  SENATOR DIAZ:    Senator Dilan.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Dilan, do you yield to a question from Senator

         6       Diaz?

         7                  SENATOR DILAN:    Yes.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Dilan yields, Senator Diaz.

        10                  SENATOR DIAZ:    Senator Dilan, I

        11       need to understand something that you said and

        12       I need to understand it clearly.  You asked

        13       two questions before, and you said that your

        14       table, the committee that was dealing to get

        15       to an agreement, you said -- if I heard you

        16       right, did you say that there was two things

        17       that you agreed on and at the last minute were

        18       not included in this?

        19                  SENATOR DILAN:    Yes, what I

        20       indicated was that there were two items, one

        21       that dealt with DMV, where there's a letter

        22       from the U.S. Department of Transportation

        23       that we were out of compliance and that if we

        24       did not deal with that issue by October 1,

        25       2011, we would lose 5 percent federal funding



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         1       for highway funds.

         2                  The second issue was with respect

         3       to $4 million of unused old money -- yes.

         4                  SENATOR DIAZ:    That's not the

         5       question.  The question was, Senator Dilan,

         6       the question was that you said that after you

         7       and the table agreed to include that, at the

         8       last minute it was taken out.  It's not in

         9       this.

        10                  SENATOR DILAN:    Well, at what

        11       point it was taken out, I don't know.  The

        12       only thing is that it's not in the Article VII

        13       bill.  And when we were discussing this at the

        14       table, it was Article VII language.  So it

        15       should be in this bill, and it's not.

        16                  SENATOR DIAZ:    So, Mr. President,

        17       would Senator Dilan yield for a question?

        18                  ACTING PRESIDENT GRIFFO:    Senator

        19       Dilan, do you continue to yield?

        20                  SENATOR DILAN:    Yes.

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Diaz.

        23                  SENATOR DIAZ:    So you are telling

        24       this body here that you sat down with a group

        25       of Senators, discussed all these details, and



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         1       you got into an agreement and it's not here.

         2                  SENATOR DILAN:    We sat down with

         3       the subcommittee, and they reported out to the

         4       mother ship that these were the agreements,

         5       the agreements were signed by the chairman of

         6       Transportation from the Assembly committee and

         7       the Senate chairman.  And it was reported

         8       those two items were in the final agreement,

         9       but those two items are not in this bill.

        10                  SENATOR DIAZ:    Mr. President,

        11       would Senator Dilan yield for another

        12       question?

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Dilan, do you continue to yield?

        15                  SENATOR DILAN:    Yes.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Diaz.

        18                  SENATOR DIAZ:    So, Senator Dilan,

        19       one of those two issues that you said that are

        20       not included here, one of those two issues has

        21       to do with something about the federal

        22       government, we're failing to comply with

        23       something and we'll lose what?

        24                  SENATOR DILAN:    The letter is

        25       dated November 5, 2010, from U.S. Department



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         1       of Transportation, Federal Motor Carrier

         2       Safety Administration, and it's regarding a

         3       final determination of substantial

         4       noncompliance.  The letter was sent to

         5       Governor Paterson at that time.  And it says:

         6       "Thus New York will lose up to 5 percent of

         7       its federal aid highway funds on October 1,

         8       2011, the first day of fiscal year 2012,

         9       unless New York agrees to exclude CDL drivers

        10       charged with disqualifying offenses."

        11                  SENATOR DIAZ:    Mr. President,

        12       will Senator Dilan yield for another question?

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Dilan, do you continue to yield?

        15                  SENATOR DILAN:    Yes.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Diaz.

        18                  SENATOR DIAZ:    So, Senator Dilan,

        19       you are telling us that you are worried that

        20       the State of New York will lose 5 percent of

        21       the allotment from the federal government.

        22       Can you please tell me more or less how much,

        23       if you know, how much will be 5 percent?

        24                  SENATOR DILAN:    I've been told

        25       that it could be as much as $70 million.



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         1                  SENATOR DIAZ:    Mr. President,

         2       would Senator Dilan yield for another

         3       question?

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Dilan yields, Senator Diaz.

         6                  SENATOR DIAZ:    And if this is not

         7       included -- and we have been promised, Senator

         8       Dilan, that it will be included later on.  But

         9       if we don't deal with this, you are telling

        10       everybody here that we are about to lose

        11       5 percent of the federal allotment because we

        12       are not including that in this budget?

        13                  SENATOR DILAN:    That is correct.

        14       We have until October 1, 2011, to correct

        15       this.  But I believe that I heard the chairman

        16       of the Finance Committee indicate that they

        17       were going to deal with this in another bill.

        18       But not in the Article VII where it should be.

        19                  SENATOR DIAZ:    Mr. President,

        20       would Senator Dilan yield for another

        21       question?

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Dilan, do you continue to yield?

        24                  SENATOR DILAN:    Yes.

        25                  ACTING PRESIDENT GRIFFO:    Senator



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         1       Diaz.

         2                  SENATOR DIAZ:    Another thing that

         3       you said that I heard -- and you please

         4       correct me if I heard wrong -- it's about

         5       Stewart Airport losing $4 million, something.

         6       What was that?

         7                  SENATOR DILAN:    It is not only

         8       Stewart Airport, it's private airports.  And

         9       Stewart Airport, Republic Airport.  It's

        10       $4 million of unused money.  If the Division

        11       of the Budget agrees to utilize that money,

        12       they could use it for those purposes.  That

        13       was also Article VII language that is not

        14       included in this bill.

        15                  SENATOR DIAZ:    Mr. President,

        16       would Senator Dilan yield for another

        17       question, please?

        18                  ACTING PRESIDENT GRIFFO:    Senator

        19       Dilan, do you continue to yield?

        20                  SENATOR DILAN:    Yes.

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Diaz.

        23                  SENATOR DIAZ:    Do you know in

        24       which senatorial district is Stewart Airport

        25       located?



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         1                  SENATOR DILAN:    I honestly don't

         2       know.  I don't know.

         3                  SENATOR DIAZ:    Would Senator

         4       Dilan yield for another question?

         5                  ACTING PRESIDENT GRIFFO:    Senator

         6       Dilan yields, Senator Diaz.

         7                  SENATOR DIAZ:    So, Senator Dilan,

         8       you're telling me that you did your research,

         9       you met with your table, you tried to protect

        10       the State of New York by -- to comply, you

        11       tried to make us comply with the federal

        12       guidelines and also protect some airports like

        13       Stewart Airport from losing -- from being able

        14       to be affected, and now you are worried --

        15       because this is not included, you are worried

        16       that they might be hurt?

        17                  SENATOR DILAN:    Well, I know that

        18       the subcommittee unanimously agreed to all the

        19       recommendations.  There was a report given to

        20       what's referred to as the mother ship.  We

        21       reported it to our conference that that was

        22       agreed with.  And these two items are omitted

        23       from the Article VII language.  And that's how

        24       the subcommittee dealt with it, and those two

        25       items are not in this bill.



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         1                  SENATOR DIAZ:    Would Senator

         2       Dilan yield for the last question,

         3       Mr. President.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Dilan, do you yield to the last question from

         6       Senator Diaz?

         7                  SENATOR DILAN:    To the final

         8       question, yes.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Diaz.

        11                  SENATOR DIAZ:    Senator Dilan,

        12       what would be your recommendation now to this

        13       body?

        14                  SENATOR DILAN:    What will be my

        15       recommendation?  I would have expected that

        16       this language be in the Article VII language

        17       because that's the way it was originally

        18       proposed.  So I don't know, maybe these bills

        19       were printed in a hurry or something, but

        20       these items are not here.  They should have

        21       been here.  How they can remedy, that's their

        22       choice.

        23                  SENATOR DIAZ:    Thank you,

        24       Mr. President.

        25                  ACTING PRESIDENT GRIFFO:    Thank



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         1       you.

         2                  Any other Senator wishing to be

         3       heard?  Seeing none, the debate is closed.

         4                  The Secretary will ring the bell.

         5                  Read the last section.

         6                  THE SECRETARY:    Section 3.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       DeFrancisco to explain his vote.

        13                  SENATOR DeFRANCISCO:    Yes, I just

        14       want to clarify a couple of things and also

        15       relieve Senator Diaz's mind and Senator

        16       Dilan's mind that are worried about this

        17       federal money.

        18                  The Article VII bill, there will be

        19       another Article VII bill with the language in

        20       it to make sure we won't jeopardize the fund.

        21       And it was great that we were providing

        22       Senator Dilan the opportunity to help us save

        23       this money at our conference committees.  And

        24       he was diligent in helping us.  So that

        25       language will, guaranteed, be in another



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         1       Article VII bill, so there's no need to worry.

         2                  Number two, the second issue

         3       concerning the airport funds, those airport

         4       funds that were agreed upon at the table will

         5       be in the appropriation bill.  And I've been

         6       informed during the discussion here that

         7       traditionally that has been in appropriation

         8       bills because you're reappropriating unspent

         9       money.  So rest assured it will be there.

        10                  And last, I misspoke on one point.

        11       The IDA tax, which I said was no longer in

        12       effect prospectively but was in effect

        13       retroactively was incorrect.  This bill also

        14       eliminates the retroactive IDA tax.  So I just

        15       wanted to clarify that because I misspoke

        16       earlier.

        17                  Thank you, and I vote aye.

        18                  ACTING PRESIDENT GRIFFO:    Senator

        19       DeFrancisco to be recorded in the affirmative.

        20                  Senator Diaz to explain his vote.

        21                  I remind members we're on the

        22       two-minute explanation.

        23                  SENATOR DIAZ:    Thank you,

        24       Mr. President.

        25                  I just want to clarify to Senator



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         1       DeFrancisco that it was not my intention to

         2       put him on the defensive.  It was only the

         3       worry that we would like the State of

         4       New York, in this time of crisis when we need

         5       money, that we be sure we don't lose

         6       $70 million by somebody forgetting to do

         7       something and not including what was supposed

         8       to be included.

         9                  So I'm voting yes -- no, I'm sorry,

        10       I'm voting no.  Voting no.  Sorry, I'm voting

        11       no.  But I could assure that it is not my

        12       intention to put Senator DeFrancisco or

        13       anybody else into the defensive.

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Diaz to be recorded in the negative.

        16                  Announce the results.

        17                  THE SECRETARY:    Those recorded in

        18       the negative on Calendar Number 277 are

        19       Senators Duane and Diaz.

        20                  Absent from voting:  Senator

        21       Perkins.

        22                  Ayes, 59.  Nays, 2.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       bill is passed.

        25                  The Secretary will read.



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         1                  THE SECRETARY:    Calendar Number

         2       278, Senate Budget Bill, Senate Print 2812C,

         3       an act relating to constituting Chapter 18A of

         4       the consolidated laws.

         5                  SENATOR KRUEGER:    Explanation.

         6                  SENATOR LIBOUS:    Mr. President.

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Libous.

         9                  SENATOR LIBOUS:    Mr. President,

        10       is there a message of necessity at the desk?

        11                  ACTING PRESIDENT GRIFFO:    There

        12       is a message of necessity at the desk.

        13                  SENATOR LIBOUS:    I move that we

        14       accept the message of necessity.

        15                  ACTING PRESIDENT GRIFFO:    All in

        16       favor of accepting the message of necessity

        17       signify by saying aye.

        18                  (Response of "Aye.")

        19                  ACTING PRESIDENT GRIFFO:

        20       Opposed?

        21                  (No response.)

        22                  ACTING PRESIDENT GRIFFO:    The

        23       message is accepted.

        24                  An explanation has been requested,

        25       Senator DeFrancisco.



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         1                  SENATOR DeFRANCISCO:    Yes.  First

         2       of all, this is an Article VIII bill, 2812C,

         3       dealing with the merger of state entities.

         4       And I have been assured that there is a memo

         5       on everyone's desk.  And it's very -- that

         6       it's a very short memo, it's only one page.

         7       It's a relatively uncomplicated bill.

         8                  Part A deals with the merger of the

         9       Department of Banking, Insurance and Consumer

        10       Protection.  That was what the Governor was

        11       proposing.  The Legislature rejected merging

        12       the Consumer Protection Board with the

        13       Department of Banking and Department of

        14       Insurance and instead put the Consumer

        15       Protection Board where we believe it was more

        16       a more natural merger, namely, with the

        17       Department of State.

        18                  The Legislature also was concerned

        19       about the separate roles of Banking and

        20       Insurance.  Although the two are going to be

        21       consolidated, the departments consolidated, we

        22       added language to make these separate

        23       divisions so that we can have a regulatory

        24       firewall between Banking and Insurance.

        25                  I've been informed that the savings



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         1       from this part of the bill in consolidation is

         2       only $200,000, but the assessment savings from

         3       banks and insurance companies because of the

         4       merger is going to be a $2 million savings.

         5                  Part B is the merger of the

         6       Department of Correctional Services and the

         7       Division of Parole into the Department of

         8       Corrections and Community Supervision.

         9                  We modified the Governor's proposal

        10       to allow the merger of these departments into

        11       the Department of Corrections and Community

        12       Supervision and reduced the number of Board of

        13       Parole members from 19 to 13 by having the

        14       Board of Parole maintain its current authority

        15       and include language to ensure that the board

        16       would not be hampered in any way by the new

        17       entity.

        18                  And basically there will be an

        19       annual report required as well with regard to

        20       the number of parolees that are charged with

        21       violations of parole and the outcome of those

        22       violations.

        23                  That savings is estimated at

        24       6 million this year and, in the following

        25       year, $8 million.



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         1                  Part C, the merger of Division of

         2       Criminal Justice Services with the Office of

         3       Victim Services and Office for Prevention of

         4       Domestic Violence and State Commission on

         5       Corrections, the Legislature rejected that.

         6       That was going to be a $477,000 projected

         7       savings, but we thought that these were such

         8       disparate organizations that had such separate

         9       functions that it made little sense for that

        10       amount of savings to have the consolidation,

        11       and the Governor agreed.

        12                  Part D, the merger of the

        13       Foundation for Science and Technology and

        14       Innovation -- that's NYSTAR -- we modified the

        15       Executive proposal to merge NYSTAR and ESDC by

        16       creating a separate division for NYSTAR in the

        17       Department of Economic Development to ensure

        18       the retention of the technical personnel who

        19       made NYSTAR the great program that it is.  But

        20       despite rejecting the entire proposal, there

        21       still will be $1.9 million in savings.

        22                  And lastly, agency reorganization,

        23       the Sage Commission, we modified the

        24       Executive's proposal that permits the Governor

        25       to examine further changes and further



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         1       consolidations.

         2                  And I'd be happy to answer any

         3       questions, and I promise I will not be

         4       defensive in answering those questions.

         5                  ACTING PRESIDENT GRIFFO:    Senator

         6       Smith.

         7                  SENATOR SMITH:    Yes, thank you

         8       very much, Mr. President.  The explanation is

         9       accepted, and I'd like to just speak on the

        10       bill.

        11                  ACTING PRESIDENT GRIFFO:    On the

        12       bill, Senator Smith.

        13                  SENATOR SMITH:    In particular,

        14       with regard to the Banking Department and the

        15       Insurance Department merging, one, I want to

        16       congratulate the Governor on his critical

        17       analysis of two agencies that weren't merging.

        18       I think the savings that will result from the

        19       merger will be worthwhile to us as legislators

        20       and consumers.

        21                  I also want to congratulate you,

        22       Mr. President, also as chair of Banking, and

        23       Mr. Seward, as chair of Insurance, for the

        24       work that your committees have done on this

        25       particular merger.



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         1                  Three items I do want to cite that

         2       I thought the Governor at least yielded to,

         3       one was there was some concern with regard to

         4       overreaching into the Attorney General's

         5       authority for investigations as well as

         6       subpoena items, which he then changed in his

         7       20-day amendment.

         8                  Secondly, there was obviously --

         9       many of us have concerns about mortgage fraud

        10       and foreclosure issues, which he has assured

        11       will be addressed with this merger.

        12                  And then thirdly, obviously, his

        13       deciding not to have Consumer Protection

        14       merged within Banking and Insurance.

        15                  So I think this is a good bill,

        16       Mr. President, as you and Mr. Seward as well

        17       helped shepherd it, and I encourage my

        18       colleagues to vote yes on it.

        19                  ACTING PRESIDENT GRIFFO:    Thank

        20       you, Senator Smith.

        21                  Senator Rivera.

        22                  SENATOR RIVERA:    Thank you,

        23       Mr. President.

        24                  One of the mergers that is proposed

        25       in this bill and that was proposed originally



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         1       by the Governor was a merger between the

         2       Parole and Corrections.  And these two

         3       entities, I had certain concerns.  I had

         4       serious concerns, since I believe that the

         5       mission and the functions of these two

         6       entities are separate.

         7                  This final version of the bill is a

         8       vast improvement over the original proposal.

         9       It does a few things.  It has an independent

        10       budget line for Parole separate from DOCS.

        11       There's at least three instances in the

        12       language that give a certain level of autonomy

        13       to the Parole Board.  It even allows for the

        14       creation of community-based programs for

        15       former offenders to actually reintegrate into

        16       society.

        17                  So I am -- I will be voting in the

        18       affirmative on this bill.  This was one of my

        19       concerns, and I'm glad that it was addressed.

        20                  But as ranking member of the Crime

        21       Victims, Crime and Corrections Committee, I

        22       will remain vigilant in making sure that as we

        23       go forward after this merger has been achieved

        24       that the -- certainly the savings are

        25       important, but I believe that most important



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         1       is to make sure that these two entities, which

         2       have missions and functions which are

         3       separate, remain independent of each other.

         4                  So even if we achieve the savings

         5       that we're saying we're going to achieve, the

         6       two entities should continue to be independent

         7       and their functions should be separate.  I

         8       believe this bill does that.  And I will be

         9       voting in the affirmative.

        10                  Thank you, Mr. President.

        11                  ACTING PRESIDENT GRIFFO:    Thank

        12       you, Senator Rivera.

        13                  Is there any other Senator wishing

        14       to be heard?

        15                  Senator Diaz.

        16                  SENATOR DIAZ:    Would Senator

        17       DeFrancisco yield for a question, please.

        18                  ACTING PRESIDENT GRIFFO:    Senator

        19       DeFrancisco, do you yield?

        20                  SENATOR DeFRANCISCO:    Yes.

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Diaz.

        23                  SENATOR DIAZ:    Senator

        24       DeFrancisco, Part A, when you merge the

        25       Department of Banking, the Department of



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         1       Insurance and the Consumer Protection Board

         2       into the Department of Financial Services,

         3       would this affect the authority and the power

         4       of the Attorney General?

         5                  SENATOR DeFRANCISCO:    Senator, we

         6       don't.  We rejected the Consumer Protection

         7       Board being put in with the new Department of

         8       Financial Services that includes Banking and

         9       Insurance.

        10                  We merged the -- the final bill

        11       merges Consumer Protection with the Department

        12       of State.  And it will not affect the

        13       authority of the Attorney General at all.

        14       It's just how the former organization is now

        15       going to be operated, Consumer Protection

        16       would be in the Department of State.

        17                  SENATOR DIAZ:    Thank you.

        18                  On the bill.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Diaz on the bill.

        21                  SENATOR DIAZ:    Because we are

        22       here merging and cutting in the name of saving

        23       money for the state, to the state, I would

        24       like to first congratulate you, Senator

        25       Griffo, because you've been doing a great job



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         1       as the President.

         2                  And at the same time, I wonder

         3       whatever happened to the Lieutenant Governor.

         4       Because he was here every day, and after you

         5       merged everything too, and you took away the

         6       power, he disappeared.

         7                  ACTING PRESIDENT GRIFFO:    He

         8       shrunk.

         9                  SENATOR DIAZ:    Maybe the next

        10       step will be to eliminate the office of the

        11       Lieutenant Governor, we save money.

        12                  So I'm voting no.

        13                  ACTING PRESIDENT GRIFFO:    Is

        14       there any other Senator wishing to be heard?

        15                  Seeing none, debate is closed.

        16                  The Secretary will ring the bell.

        17                  Read the last section.

        18                  THE SECRETARY:    Section 3.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT GRIFFO:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Seward to explain his vote.

        25                  SENATOR SEWARD:    Yes, thank you,



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         1       Mr. President, very briefly.

         2                  This year's budget-making process

         3       created quite a challenge for the Legislature

         4       and the Governor, closing a $10 billion

         5       deficit.  But with every challenge comes an

         6       opportunity, an opportunity to make changes

         7       that will benefit the people of the state.

         8       And this consolidation and merger piece that

         9       we are now passing is such an opportunity for

        10       the people of the state, to save dollars and

        11       also improve services for the people of

        12       New York.

        13                  Zeroing in on the Department of

        14       Financial Services -- working very closely

        15       with you, Mr. President, as chair of the

        16       Banking Committee, as we brought together the

        17       Insurance and Banking Departments -- quite

        18       frankly I had some initial concerns of the

        19       original proposal in terms of being

        20       overreaching and not in the best interests of

        21       either the people or the industry in those two

        22       areas.

        23                  This legislation before us is a

        24       much improved product after much consultation

        25       with the Governor and the Legislature.  I'm



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         1       pleased that the Legislature includes some

         2       specific legislative intent recognizing the

         3       fact that it is necessary for our regulatory

         4       system to be responsive, effective, and

         5       innovative in order to compete in this global

         6       marketplace.

         7                  And I see this legislation as being

         8       a first step, a big step toward our ultimate

         9       goal of transforming and modernizing the

        10       regulation of insurance, banking and other

        11       financial products in New York State.

        12                  So, Mr. President, I am very

        13       pleased to vote aye.

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Seward to be recorded in the affirmative.

        16                  I'd ask that we continue to keep

        17       some quiet in the house, please, to hear the

        18       speakers.

        19                  Senator Farley to explain his vote.

        20                  SENATOR FARLEY:    Thank you,

        21       Mr. President.

        22                  I rise as somebody who's been

        23       involved with the Banking Committee and

        24       banking in New York State for over three

        25       decades.  And I want to salute you,



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         1       Mr. President, who worked very hard on this

         2       issue.  It was a very controversial one and

         3       one that was very much a cornerstone of the

         4       Governor's platform and one that he was very

         5       interested in in consolidation generally.

         6                  This is a massive consolidation.

         7       And I think that many of the things that the

         8       Legislature did, and particularly the Senate,

         9       in its hearing and so forth, to improve this

        10       consolidation, number one, I just want to

        11       speak to the Division of Consumer Protection

        12       which was part of that.  It was something that

        13       I felt was very poorly designed, from the

        14       point of view that Consumer Protection was

        15       going to get its funding from fines that it

        16       could get from cohabiting with Insurance and

        17       Banking, and kind of weird.  So they have

        18       moved that over to the Department of State at

        19       the suggestion of several of our members, and

        20       I think that was a very good idea.

        21                  Also, there's been a -- the

        22       state-chartered banks are our lifeblood.  They

        23       fund our Banking Department.  And in there is

        24       an area that is going to promote the state

        25       charter, encourage them to come back, that I



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         1       know that -- to return to the state charter.

         2                  And I know that you, Mr. President,

         3       as chairman of the Banking Committee, and

         4       myself as vice chairman, are going to work

         5       very hard to promote the banking system and

         6       keep New York State the financial center of

         7       the world.

         8                  I vote aye.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Farley to be recorded in the affirmative.

        11       Thank you.

        12                  Senator DeFrancisco to explain his

        13       vote.

        14                  SENATOR DeFRANCISCO:    Yes, I

        15       just -- something occurred to me as I was

        16       listening to the debate on both of these

        17       bills, and that is it was obvious the depth of

        18       the knowledge of the Transportation Department

        19       part of the budget, the transportation part of

        20       the budget that Senator Dilan had in

        21       expressing his concern whether or not a very

        22       serious issue was actually included.  And it

        23       was explained that that was included -- it's

        24       going to be included in another Article VII

        25       bill.



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         1                  Similarly, with the last bill,

         2       Senator Rivera obviously had an in-depth

         3       knowledge of the Parole Department and the

         4       Corrections Department and was able to analyze

         5       the budget bill as it came out, to express his

         6       point of view.

         7                  And I think what this demonstrates

         8       is how important following the 2007 Budget

         9       Reform Act is and how important it is for

        10       everybody to be involved in the process by

        11       these conference committees.  That it's really

        12       very -- it's very important, and I'm very

        13       pleased to see that it happened.  As ranking

        14       member on the Finance Committee last year, I

        15       knew nothing about anything until the final

        16       budget surfaced.

        17                  So hopefully we can continue this

        18       process in future years, follow the law.  And

        19       I think it's healthy for all members of this

        20       body.

        21                  Thank you very much.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       DeFrancisco to be recorded in the affirmative.

        24                  Senator Marcellino to explain his

        25       vote.



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         1                  SENATOR MARCELLINO:    Thank you,

         2       Mr. President.

         3                  I would just like to point out -- I

         4       will be supporting this bill.  I'd just like

         5       to point out that the Committee on

         6       Investigations, which I chair, held a joint

         7       hearing with the Banking Committee and the

         8       Insurance Committee, and many of the

         9       recommendations that came from that public

        10       hearing are incorporated in these two bills

        11       that we have been voting on today and others

        12       that will come.

        13                  So I am very pleased that we were

        14       able to contribute to the budget process.  I

        15       will be voting aye.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Marcellino to be recorded in the affirmative.

        18                  Announce the results.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 278, those recorded in the

        21       negative are Senators Diaz and Duane.

        22                  Absent from voting:  Senator

        23       Perkins.

        24                  Ayes, 59.  Nays, 2.

        25                  ACTING PRESIDENT GRIFFO:    The



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         1       bill is passed.

         2                  Senator Libous.

         3                  SENATOR LIBOUS:    Mr. President,

         4       can we now go to the reading of the

         5       noncontroversial calendar, please.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       Secretary will read.

         8                  THE SECRETARY:    Calendar Number

         9       139, by Senator Fuschillo, Senate Print 3452,

        10       an act to amend the Vehicle and Traffic Law.

        11                  ACTING PRESIDENT GRIFFO:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 3.  This

        14       act shall take effect on the first of

        15       November.

        16                  ACTING PRESIDENT GRIFFO:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 62.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       182, by Senator DeFrancisco, Senate Print --

        24                  SENATOR DeFRANCISCO:    Will you

        25       lay that bill aside for the day?



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         1                  And I thank Senator Dilan for

         2       pointing out some deficiencies in the bill.

         3                  ACTING PRESIDENT GRIFFO:    Lay it

         4       aside for the day.

         5                  THE SECRETARY:    Calendar Number

         6       226, by Senator Golden, Senate Print 2209, an

         7       act to amend the Penal Law.

         8                  ACTING PRESIDENT GRIFFO:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect on the 90th day.

        12                  ACTING PRESIDENT GRIFFO:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT GRIFFO:

        16       Announce the results.

        17                  THE SECRETARY:    Those recorded in

        18       the negative on Calendar Number 226 are

        19       Senators Duane, Hassell-Thompson, Huntley,

        20       Montgomery, and Parker.

        21                  Ayes, 57.  Nays, 5.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       244, substituted earlier today by Member of



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         1       the Assembly Cusick, Assembly Print Number

         2       108, an act to amend Chapter 395 of the Laws

         3       of 1978.

         4                  ACTING PRESIDENT GRIFFO:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect on April 1.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 62.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  Senator Libous, that concludes the

        15       noncontroversial reading, with Calendar Number

        16       182, Senate Print 2903A, by Senator

        17       DeFrancisco, laid aside for the day.

        18                  SENATOR LIBOUS:    Thank you,

        19       Mr. President.

        20                  At this time we are going to just

        21       stand at ease momentarily, and then I would

        22       expect very soon I will be calling a meeting

        23       of the conference committee.  But that's not

        24       going to take place yet, so if we would just

        25       stand at -- what did I say, the conference



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         1       committee?  Well, it's a new committee we

         2       created under the rules yesterday.  Didn't you

         3       read it?

         4                  (Laughter.)

         5                  ACTING PRESIDENT GRIFFO:    The

         6       Senate will stand at ease pending an

         7       announcement.

         8                  (Whereupon, the Senate stood at

         9       ease at 7:39 p.m.)

        10                  (Whereupon, the Senate reconvened

        11       at 8:05 p.m.)

        12                  ACTING PRESIDENT GRIFFO:    The

        13       Senate will please come to order.

        14                  Senator Libous.

        15                  SENATOR LIBOUS:    Mr. President,

        16       there will be an immediate meeting of the

        17       Finance Committee in Room 332, and the Senate

        18       will stand at ease.

        19                  ACTING PRESIDENT GRIFFO:

        20       Immediate meeting of the Senate Finance

        21       Committee in Room 332.

        22                  The Senate will continue to stand

        23       at ease.

        24                  (Whereupon, the Senate stood at

        25       ease at 8:06 p.m.)



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         1                  (Whereupon, the Senate reconvened

         2       at 8:21 p.m.)

         3                  ACTING PRESIDENT GRIFFO:    The

         4       Senate will come to order.

         5                  Senator Libous.

         6                  SENATOR LIBOUS:    Mr. President,

         7       could we go back to the reports of standing

         8       committees.

         9                  ACTING PRESIDENT GRIFFO:    Reports

        10       of standing committees.

        11                  The Secretary will read.

        12                  THE SECRETARY:    Senator

        13       DeFrancisco, from the Committee on Finance,

        14       reports the following bill direct to third

        15       reading.

        16                  Senate Print 2800E, Senate Budget

        17       Bill, an act making appropriations for the

        18       support of government:  STATE OPERATIONS

        19       BUDGET.

        20                  ACTING PRESIDENT GRIFFO:    Without

        21       objection, the bill is reported to third

        22       reading.

        23                  Senator Libous.

        24                  SENATOR LIBOUS:    Mr. President,

        25       there is a supplemental calendar.  If we could



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         1       take up the bill on the supplemental calendar,

         2       please.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       Secretary will read.

         5                  THE SECRETARY:    Calendar Number

         6       281, Senate Budget Bill, Senate Print 2800E,

         7       an act making appropriations for the support

         8       of government:  STATE OPERATIONS BUDGET.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Libous.

        11                  SENATOR LIBOUS:    Mr. President,

        12       is there a message of necessity at the desk?

        13                  ACTING PRESIDENT GRIFFO:    There

        14       is a message of necessity at the desk.

        15                  SENATOR LIBOUS:    Mr. President, I

        16       move to accept the message of necessity,

        17       please.

        18                  ACTING PRESIDENT GRIFFO:    All in

        19       favor of accepting the message of necessity

        20       signify by saying aye.

        21                  (Response of "Aye.")

        22                  ACTING PRESIDENT GRIFFO:

        23       Opposed?

        24                  (No response.)

        25                  ACTING PRESIDENT GRIFFO:    The



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         1       message is accepted.

         2                  SENATOR BRESLIN:    Lay it aside.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       bill is laid aside.

         5                  SENATOR LIBOUS:    Mr. President,

         6       at this time could we now take up the

         7       controversial supplemental calendar.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       Secretary will ring the bell.

        10                  The Secretary will read.

        11                  SENATOR BRESLIN:    Explanation,

        12       please.

        13                  ACTING PRESIDENT GRIFFO:    We're

        14       going to let him read first, Senator Breslin,

        15       and then an explanation has been called by

        16       Senator Breslin.  Senator DeFrancisco will be

        17       ready.

        18                  THE SECRETARY:    Calendar Number

        19       281, Senate Budget Bill, Senate Print 2800E,

        20       an act making appropriations for the support

        21       of government:  SENATE OPERATIONS BUDGET.

        22                  SENATOR BRESLIN:    Explanation.

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       DeFrancisco.

        25                  SENATOR DeFRANCISCO:    This Senate



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         1       Bill, 2800E, is summarized in a memo that is

         2       on everybody's desk.  And it basically

         3       provides for the operations of government,

         4       it's the appropriations bill for the

         5       operations of government.

         6                  Generally speaking, this bill has

         7       in it approximately a billion dollars in cuts,

         8       accomplished primarily by the Governor's

         9       proposed 10 percent across the board cuts for

        10       all state agencies.  The Department of

        11       Corrections and Community Supervision was cut

        12       $253 million; State University, $118 million;

        13       CUNY, in parity with SUNY, $55 million; State

        14       Police, $52 million; Children and Family

        15       Services, $27 million; Public Health,

        16       $19 million; Parks, Recreation and Historic

        17       Preservation, $12 million; General Services,

        18       $12 million; Environmental Conservation,

        19       $10 million; Temporary and Disability

        20       Assistance, $6 million; Criminal Justice

        21       Services, et cetera, $8 million; Law

        22       Department, $11 million; Audit and Control,

        23       $14 million; and others, approximately

        24       $87 million.  That totals $684 million.

        25                  Savings achieved in other funds:



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         1       State University, $116 million; Mental

         2       Hygiene, $159 million; Transportation and

         3       Motor Vehicles, $76 million.  Basically,

         4       around a 10 percent cut across the board.

         5                  ACTING PRESIDENT GRIFFO:    Is

         6       there any other Senator wishing to be heard?

         7                  Senator Breslin.

         8                  SENATOR BRESLIN:    Yes, through

         9       you, Mr. President, will the sponsor yield for

        10       a question or two.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       DeFrancisco, do you yield?

        13                  SENATOR DeFRANCISCO:    Yes, I

        14       would.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Breslin.

        17                  SENATOR BRESLIN:    Thank you.

        18                  About 5:15 we received the 700-page

        19       Print D version of this bill of operations.

        20       And we're now on E, I believe, is that

        21       correct?

        22                  SENATOR DeFRANCISCO:    Yes.

        23                  SENATOR BRESLIN:    We had an

        24       opportunity, albeit a little tight, to review

        25       D.  Through you, Mr. President, can you tell



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         1       us the differences between D and E?

         2                  ACTING PRESIDENT GRIFFO:    Senator

         3       DeFrancisco.

         4                  SENATOR DeFRANCISCO:    There were

         5       two things that were changed from Print D to

         6       E.  There was $16 million more added to SUNY,

         7       and a series of Governor's reappropriations

         8       were put in this E print of the bill.

         9       Ninety-nine percent of the bill is the

        10       Governor's original budget, because the

        11       Legislature agreed to go with the 10 percent

        12       cuts that he had proposed in his budget.

        13                  SENATOR BRESLIN:    Mr. President,

        14       would the sponsor continue to yield?

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       DeFrancisco, do you continue to yield?

        17                  SENATOR DeFRANCISCO:    Yes.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       sponsor yields.

        20                  SENATOR DeFRANCISCO:    But I

        21       misspoke, it was $60 million restored to SUNY.

        22                  SENATOR BRESLIN:    Would the

        23       sponsor continue to yield.

        24                  That was the first question, can

        25       you tell us what that $60 million was for?



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         1                  SENATOR DeFRANCISCO:    It was

         2       basically for the teaching hospitals that are

         3       throughout the State of New York.

         4                  SENATOR BRESLIN:    The SUNY --

         5                  SENATOR DeFRANCISCO:    SUNY

         6       teaching hospitals.

         7                  SENATOR BRESLIN:    Again, would

         8       the sponsor continue to yield?

         9                  ACTING PRESIDENT GRIFFO:    Will

        10       the sponsor yield?

        11                  SENATOR DeFRANCISCO:    Yes.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       sponsor yields, Senator Breslin.

        14                  SENATOR BRESLIN:    In this

        15       operations budget, from the original proposal

        16       of closing 3500 beds in the prison system,

        17       it's now been increased to 3700 beds.  Can you

        18       tell us what the additional savings will be

        19       for those incremental beds?

        20                  SENATOR DeFRANCISCO:    I can't

        21       tell you what the additional savings is, but

        22       the procedure for those closures is really

        23       left to the discretion of the Governor.  And

        24       if I knew what the 3500 beds savings was, I

        25       could probably give you a good estimate what



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         1       3700 is.  But I'll get that number as soon as

         2       counsel -- as soon as you're ready here.  It's

         3       $72 million.  Whoever said it is correct.

         4                  SENATOR BRESLIN:    Through you,

         5       Mr. President, the additional 200 beds results

         6       in a savings of $72 million?

         7                  SENATOR DeFRANCISCO:    The total

         8       is $72 million.  There was no additional money

         9       associated with the additional 200 beds.

        10       That's the estimate of what the intent is to

        11       try to close the additional 200 beds.  DOB

        12       will -- well, the Governor ultimately will

        13       make that decision and DOB will tell us what

        14       the ultimate savings might be.

        15                  SENATOR BRESLIN:    And again

        16       through you, Mr. President, will the sponsor

        17       continue to yield.

        18                  SENATOR DeFRANCISCO:    Yes.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       sponsor yields.

        21                  SENATOR BRESLIN:    In another

        22       area, the Judiciary budget has been cut by

        23       $170 million.  Can you tell us, because of the

        24       extreme importance of the Judiciary and what

        25       it does and what it performs, if any of those



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         1       cuts are substantive cuts that would affect

         2       either programs or judges' ability to rule on

         3       decisions in a proper and fair and timely way.

         4                  SENATOR DeFRANCISCO:    Well, first

         5       of all, the total cuts to the Judiciary is

         6       $170 million, and $100 million of that was a

         7       voluntary cut that the Judiciary graciously

         8       agreed to do.

         9                  The Governor indicated that he felt

        10       that the Judiciary should cut 10 percent like

        11       the other state agencies and left it up to the

        12       Judiciary, since it's a separate branch of

        13       government, to determine where those cuts

        14       should be.

        15                  The Judiciary has submitted to the

        16       Governor and to the Legislature a proposal as

        17       far as where that's going to go, how they will

        18       make the cuts.  And that is being reviewed as

        19       we speak.  That information will be part of

        20       the Judiciary budget when it's presented

        21       hopefully tomorrow.

        22                  SENATOR BRESLIN:    And hopefully

        23       through you, Mr. President, one last question.

        24                  From the D print to the E print,

        25       there was mention of additional



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         1       appropriations.  Can you tell us what those

         2       appropriations were?

         3                  SENATOR DeFRANCISCO:    They were

         4       reappropriations of prior funds from prior

         5       years, not new funding.

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       Breslin.

         8                  SENATOR BRESLIN:    Through you,

         9       Mr. President, can you tell us the amount?

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       DeFrancisco.

        12                  SENATOR DeFRANCISCO:    It's cuts

        13       across every single -- excuse me,

        14       reappropriations across every single agency.

        15       They weren't cuts, they were actually

        16       reappropriations added to this budget.

        17                  No new spending associated with

        18       those.  These are reapropps for projects that

        19       were already in the pipeline.

        20                  SENATOR BRESLIN:    And again

        21       through you, Mr. President, can you tell us

        22       the purpose or use of those funds?

        23                  SENATOR DeFRANCISCO:    I can't

        24       give you a total breakdown of every reapropp,

        25       but these were dollars that were authorized in



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         1       prior budgets that were not spent.  And if I'm

         2       not mistaken, some of those items were going

         3       to simply be swept, and the Governor agreed to

         4       reappropriate them so that they could be used

         5       by each of the respective agencies.

         6                  SENATOR BRESLIN:    One last

         7       through you, Mr. President, if the sponsor

         8       would yield.

         9                  SENATOR DeFRANCISCO:    Yes.

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       DeFrancisco yields, Senator Breslin.

        12                  SENATOR BRESLIN:    Can you give us

        13       any additional information on those

        14       appropriations -- detail the numbers, the

        15       amounts?

        16                  SENATOR DeFRANCISCO:    There are

        17       hundreds of reappropriations, and they all are

        18       contained in the budget bill.  I can't give

        19       you a summary chapter and verse because of the

        20       extensive number of them.  But again, it's

        21       nothing new, no new money, no new projects.

        22       It was things that were appropriated in prior

        23       years and each one of them appears in the

        24       actual budget bill.

        25                  SENATOR BRESLIN:    Thank you,



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         1       Mr. President.

         2                  Thank you, Senator DeFrancisco.

         3                  ACTING PRESIDENT GRIFFO:    Thank

         4       you, Senator Breslin.

         5                  Is there any other Senator wishing

         6       to be heard?

         7                  Senator Stavisky.

         8                  SENATOR STAVISKY:    Would the

         9       Senator yield for a number of questions --

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       DeFrancisco, do you yield?

        12                  SENATOR STAVISKY:    -- on the

        13       higher education part of the budget?

        14                  SENATOR DeFRANCISCO:    Yes.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       DeFrancisco yields, Senator Stavisky.

        17                  SENATOR STAVISKY:    It's sort of

        18       difficult because this is the first I've seen

        19       of the budget.  So if it's already in there, I

        20       apologize for the repetition.

        21                  First let's start with SUNY.

        22       There's been talk of a rational tuition plan

        23       proposed by the trustees of the State

        24       University of New York.  Is there anything in

        25       the budget that talks about the rational



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         1       tuition plan for the future?

         2                  SENATOR DeFRANCISCO:    No, that

         3       was not placed in the budget.  There was no

         4       agreement on doing that between the Governor

         5       and the two houses.

         6                  SENATOR STAVISKY:    If the Senator

         7       will continue to yield.

         8                  SENATOR DeFRANCISCO:    Yes.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       Senator yields.

        11                  SENATOR STAVISKY:    So there's no

        12       provision to increase tuition either at the

        13       State University of New York or at the City

        14       University of New York?

        15                  SENATOR DeFRANCISCO:    That is

        16       correct.

        17                  SENATOR STAVISKY:    In 2005 we

        18       authorized an increase in tuition for

        19       out-of-state students, and that apparently was

        20       never implemented.  Can you tell me what

        21       happened to that authorization and whether the

        22       increase in tuition for out-of-state students

        23       has ever been collected?

        24                  SENATOR DeFRANCISCO:    The

        25       authorization was there.  And whether it's --



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         1       it's up to SUNY whether to implement that

         2       authorization.  I quite frankly don't know

         3       whether they did or didn't.  But the authority

         4       was there back several years ago, it may have

         5       been 2005.  And it was up to SUNY whether to

         6       actually implement it.  I don't know whether

         7       they did or didn't.

         8                  SENATOR STAVISKY:    If the Senator

         9       would continue to yield.

        10                  ACTING PRESIDENT GRIFFO:    Will

        11       the Senator continue to yield?

        12                  SENATOR DeFRANCISCO:    Yes.

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Stavisky.

        15                  SENATOR STAVISKY:    Can you tell

        16       us what the appropriation is for SUNY and CUNY

        17       and how this compares to the Governor's

        18       original funding proposal?

        19                  SENATOR DeFRANCISCO:    The only

        20       change is the one that was mentioned before,

        21       that there's an additional $60 million for

        22       SUNY teaching hospitals.

        23                  SENATOR STAVISKY:    No, there's

        24       been cuts --

        25                  ACTING PRESIDENT GRIFFO:    Senator



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         1       Stavisky, are you asking the Senator to

         2       continue to yield?

         3                  SENATOR STAVISKY:    Yes, I am.

         4                  Senator, haven't there been cuts in

         5       both operating aid for the four-year

         6       institutions or base aid -- well, community

         7       colleges are in the budget -- but the

         8       operating institutions?  There have been a lot

         9       of cuts.

        10                  SENATOR DeFRANCISCO:    Right,

        11       but -- I'm sorry, I misunderstood you.  I

        12       thought you meant whether there was any

        13       additional funds.

        14                  It's on page 9 of the memo, the

        15       Legislature restores the $60 million for the

        16       SUNY hospitals, restores $135 million for the

        17       acquisition of Community General Hospital by

        18       State University Hospital at Syracuse.  And we

        19       restore $4.1 million to the Long Island

        20       Veterans Home.

        21                  Other than those restorations, the

        22       budget is as the Governor proposed.  Whatever

        23       the cuts were that he proposed are in there.

        24                  SENATOR STAVISKY:    If the Senator

        25       would continue to yield.



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         1                  SENATOR DeFRANCISCO:    Yes.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       Senator yields.

         4                  SENATOR STAVISKY:    Of the

         5       proposed cuts, how will the various branches

         6       of the State University be affected, whether

         7       it be Stony Brook or the University at Buffalo

         8       or SUNY Albany, New Paltz?

         9                  SENATOR DeFRANCISCO:    We can only

        10       determine in the budget process what money is

        11       spent and what money is available for

        12       spending.  As far as how those cuts are

        13       absorbed, it's really up to the SUNY board of

        14       trustees, the CUNY board of trustees and the

        15       respective chancellors, and those are policies

        16       they're going to have to make.

        17                  Obviously no one is happy,

        18       including the chancellors of these

        19       organizations.  But there's nothing much we

        20       can do at this point to lessen the burden.

        21       They have to make the best decisions from an

        22       educational standpoint with the funds

        23       available.

        24                  SENATOR STAVISKY:    Now, I'm

        25       sure -- if the Senator would continue to



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         1       yield.

         2                  SENATOR DeFRANCISCO:    Yes.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       Senator yields.

         5                  SENATOR STAVISKY:    I'm sure

         6       you're familiar with the Central New York Cord

         7       Blood Center.

         8                  SENATOR DeFRANCISCO:    I am very

         9       familiar with the inability to have that move

        10       forward over the last five years, yes.

        11                  SENATOR STAVISKY:    If the Senator

        12       would continue to yield.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       Senator yields.

        15                  SENATOR DeFRANCISCO:    Yes.

        16                  SENATOR STAVISKY:    In 2007-2008,

        17       I believe, there was an appropriation of

        18       approximately $10.5 million, and there have

        19       been appropriations in subsequent years in the

        20       $200,000 to $300,000 range, approximately.

        21       What's happening to that money?  What happened

        22       to the $10 million, and what has happened to

        23       the other appropriations for the blood center?

        24                  SENATOR DeFRANCISCO:    The problem

        25       is the dollars for that project -- by the way,



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         1       the Cord Blood Center is similar to a blood

         2       bank, but it happens to have umbilical cord

         3       blood that's from the umbilical cords after

         4       births, which is a rich source of stem cells

         5       that have cured people.  In fact, in my

         6       district, someone went to the Duke Hospital in

         7       North Carolina to get cured by these stem

         8       cells.

         9                  It's been held up for the last five

        10       years, the $10 million has not been spent.

        11       For whatever reason, we can't seem to get it

        12       off the ground.  SUNY hasn't made it a

        13       priority.  Apparently they're now interested

        14       in moving forward and making it a priority,

        15       and hopefully that will happen.

        16                  That capital money is not in this

        17       bill but it's going to be reappropriated, from

        18       what I understand, in a subsequent capital

        19       bill.

        20                  SENATOR STAVISKY:    If the Senator

        21       will continue to yield.

        22                  SENATOR DeFRANCISCO:    Yes.

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       DeFrancisco yields, Senator Stavisky.

        25                  SENATOR STAVISKY:    Since the



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         1       $10.5 million appropriation has been sitting

         2       there for the past close to five years now and

         3       it doesn't seem anything seems to be

         4       happening, wouldn't it be useful to use that

         5       for some of the Upstate Medical Center

         6       expenses?

         7                  SENATOR DeFRANCISCO:    Absolutely

         8       not.  I think a priority -- everyone is being

         9       cut in this budget in a proportional way as

        10       best we can in accordance with what the

        11       Governor thinks is the best judgment.

        12                  It seems to me that that dollars is

        13       a small pittance of an investment to save some

        14       lives of people that could use that blood

        15       bank, the average citizen that doesn't have

        16       money to store privately their umbilical cord

        17       cells.

        18                  So I think it's a question of

        19       priorities, and quite frankly I'm just very

        20       upset that it hasn't happened yet.  So it's a

        21       question of priorities, and I think that's a

        22       very important thing for the state to have

        23       such a center like they do in states like

        24       North Carolina.

        25                  SENATOR STAVISKY:    Obviously I'm



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         1       not being critical of the concept or the

         2       appropriation.

         3                  If the Senator would continue to

         4       yield.

         5                  SENATOR DeFRANCISCO:    Yes.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       Senator yields.

         8                  SENATOR STAVISKY:    Let me switch

         9       to the City University of New York.

        10                  I have been asking about the

        11       $40 million sweep from the Governor's

        12       Executive Budget that was allocated by the

        13       Governor for the midyear tuition increase for

        14       the City University of New York.  Has that

        15       $40 million been restored to the budget?  I

        16       cannot find it.

        17                  SENATOR DeFRANCISCO:    That

        18       $40 million was scheduled dollars that was

        19       actually not swept, it was money that would

        20       have come from a tuition increase.  But since

        21       we rejected a tuition increase, those dollars

        22       are not available and therefore were not

        23       swept, they were simply eliminated from the

        24       budget.

        25                  SENATOR STAVISKY:    If the Senator



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         1       would continue to yield.

         2                  SENATOR DeFRANCISCO:    Yes.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       DeFrancisco yields.

         5                  SENATOR STAVISKY:    This

         6       appropriation, though, was put into the

         7       Executive Budget by the Governor, so

         8       presumably the allocation is there, it was

         9       going to be used, and it was taken out of the

        10       budget.  Isn't that correct?

        11                  SENATOR DeFRANCISCO:    Not really.

        12       Because that was anticipated revenue that he

        13       put in his budget on the theory that there was

        14       going to be a tuition increase.  Since there

        15       was no tuition increase, that anticipated

        16       revenue was not correct or it was not realized

        17       by not providing the tuition increase, so it

        18       had to be taken out.

        19                  SENATOR STAVISKY:    If the Senator

        20       will continue to yield.

        21                  SENATOR DeFRANCISCO:    Yes.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       DeFrancisco yields.

        24                  SENATOR STAVISKY:    It's my

        25       understanding that the CUNY trustees have



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         1       approved an increase, though, in tuition.

         2                  SENATOR DeFRANCISCO:    That I'm

         3       not aware of.

         4                  SENATOR STAVISKY:    All right,

         5       let's continue on the subject of the City

         6       University.

         7                  SENATOR DeFRANCISCO:    I've just

         8       been informed a more complete answer.  I

         9       didn't know the answer.  But I'll tell you

        10       what the answer is, that that was authorized

        11       but it was not allowed to be implemented.  And

        12       as a result, even though it was authorized,

        13       it's not going to actually take effect.

        14       That's the best answer I can give.

        15                  SENATOR STAVISKY:    If the Senator

        16       will continue to yield.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       Senator yields.

        19                  SENATOR STAVISKY:    I'm at a loss

        20       to understand how it was not -- it was

        21       authorized by the trustees.  But it would be

        22       implemented, presumably, in our budget, the

        23       allocation would be in our budget.

        24                  SENATOR DeFRANCISCO:    The tuition

        25       increase was scheduled for the spring.



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         1       However, the authorization to spend the funds

         2       from a tuition increase was not granted.  Now,

         3       whether CUNY actually goes ahead with the

         4       increase or not, they may have a -- there may

         5       be money that's out there, but they're not

         6       authorized to spend that money.  So it would

         7       be a tuition increase that would be put in a

         8       pot someplace without authorization to spend.

         9                  SENATOR STAVISKY:    If the Senator

        10       would continue to yield on a different area.

        11                  ACTING PRESIDENT GRIFFO:    Does

        12       Senator DeFrancisco yield?

        13                  SENATOR DeFRANCISCO:    Yes, I

        14       would.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Stavisky.

        17                  SENATOR STAVISKY:    The press

        18       reports that there is only a 2 percent

        19       reduction in the state budget.  Do you

        20       consider education to be from kindergarten

        21       through grade 16, through college?

        22                  SENATOR DeFRANCISCO:    Do I

        23       consider that?

        24                  SENATOR STAVISKY:    K through 16,

        25       as we like to talk about it.



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         1                  SENATOR DeFRANCISCO:    I think

         2       education is a lifetime opportunity and a

         3       lifetime goal that we all should have.  In

         4       fact, I'm learning things from you at this

         5       moment.

         6                  SENATOR STAVISKY:    And I from

         7       you.  It must be that Syracuse education.

         8                  Therefore, my question -- if the

         9       Senator will continue to yield --

        10                  SENATOR DeFRANCISCO:    Yes.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       DeFrancisco yields.

        13                  SENATOR STAVISKY:    Higher

        14       education has been subject to a 10 percent

        15       cut, which to me is disproportionate to the

        16       rest of the budget.  If education is only

        17       going to be cut a small amount, higher

        18       education has been singled out for excessive

        19       cuts.  Would you agree with that?

        20                  SENATOR DeFRANCISCO:    Yeah, I

        21       think that's probably true.  I would agree

        22       with you.

        23                  And, you know, there are some --

        24       I'm not speaking for the conference, but there

        25       are some who believe that a rational tuition



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         1       increase is something that ought to be done.

         2       Unfortunately, it did not become part of this

         3       budget.  And hopefully, in order to provide

         4       the funds necessary for a strong higher

         5       education, that something like that -- that's

         6       even asked for by students -- will ultimately

         7       become part of the law of the State of

         8       New York.  But unfortunately not part of this

         9       budget.

        10                  SENATOR STAVISKY:    Two more

        11       questions, if the Senator would yield.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       DeFrancisco yields.

        14                  SENATOR DeFRANCISCO:    Yes.

        15                  SENATOR STAVISKY:    The budget

        16       before us talks -- in relation to the City

        17       University of New York, they refer to

        18       fiduciary funds.  And yet this is not the case

        19       with the State University, where they are

        20       subject to sweeps, periodic sweeps.  And the

        21       question has been if the State University --

        22       let me ask you this.  Has the State University

        23       of New York funding been put into the

        24       fiduciary funds, or is it in another part of

        25       the budget, another part of the state?



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         1                  SENATOR DeFRANCISCO:    It hasn't

         2       changed.

         3                  SENATOR STAVISKY:    It hasn't

         4       changed.

         5                  So the tuition money -- if the

         6       Senator would yield.

         7                  SENATOR DeFRANCISCO:    Yes.

         8                  SENATOR STAVISKY:    This tuition

         9       money, then, will not go to the campuses; is

        10       that correct?

        11                  SENATOR DeFRANCISCO:    I'm sorry,

        12       I missed that.

        13                  SENATOR STAVISKY:    The tuition

        14       that's collected by SUNY does not go to the

        15       individual campuses the way -- for the State

        16       University, which is funded differently.  The

        17       City University, as you know, is in the local

        18       assistance part of the New York City budget,

        19       so they are not subject to the 10 percent

        20       budget cut and the tuition goes to the

        21       campuses.

        22                  The State University, the complaint

        23       has been that tuition money should go to the

        24       campus where it's collected.  Is there

        25       anything in this budget that helps the tuition



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         1       money wind up at the campus where it's

         2       collected?

         3                  SENATOR DeFRANCISCO:    All the

         4       tuition money stays with the campuses.

         5                  As far as the sweeps are concerned,

         6       in prior years SUNY authorized the sweeps.

         7       The sweeps were in prior budgets.  There's no

         8       sweeps here in this budget.  It's just that

         9       they're not getting the funds that they

        10       believe that they're authorized.

        11                  SENATOR STAVISKY:    "Sweep" was

        12       not the right word for me to use.

        13                  Lastly, if the Senator will yield.

        14                  SENATOR DeFRANCISCO:    Yes.

        15                  SENATOR STAVISKY:    NYHELPs, which

        16       is part of the Higher Education Services

        17       Corporation, is the student loan program,

        18       which been very helpful to students.  And yet

        19       there are funding reductions in the NYHELPs

        20       program.  It's an acronym for the Higher

        21       Education Loan Program.

        22                  There are going to be students who

        23       will not be able to take advantage of the

        24       NYHELPs program, where student loans are

        25       somewhere in the 8.5 percent range, rather



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         1       than going to a private bank where the loan

         2       rates are in double digits.

         3                  How many students are going to be

         4       affected by the cuts to the NYHELPs program?

         5                  SENATOR DeFRANCISCO:    Did you ask

         6       how much?

         7                  SENATOR STAVISKY:    How many

         8       students.

         9                  SENATOR DeFRANCISCO:    It depends

        10       on who had applied for what amount of money,

        11       depending on how many students would be

        12       affected.  But we simply adopted the

        13       Governor's proposal.

        14                  And, you know, it's not a good

        15       thing.  I'm not going to stand here and

        16       attempt to justify or say it's acceptable that

        17       this is happening.  But I can't say it's

        18       acceptable that education funding is going

        19       down and teachers are being laid off.  Or that

        20       different other bad things are happening in

        21       the budget.

        22                  The fact of the matter is, just

        23       like a family, a family that loses a job or

        24       some of its income, the family has to cut

        25       back, and the state does as well.  So I could



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         1       go through every area of the budget and say

         2       that this is not a good thing, including SUNY,

         3       including NYHELPs.  But it isn't going to

         4       change the fact that we have to do what we

         5       have to do this year.

         6                  SENATOR STAVISKY:    Thank you,

         7       Senator, for your responses.

         8                  On the bill very quickly.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Stavisky on the bill.

        11                  SENATOR STAVISKY:    What we've

        12       seen is the state support for higher education

        13       being reduced year after year.  In the last

        14       twenty years or so, we've gone from somewhere

        15       around 65 percent of the cost borne by the

        16       state to below -- coming close to 40 percent

        17       now.  And I think it's time that we remember

        18       that education starts perhaps in pre-K and

        19       continues and certainly should include

        20       college.

        21                  I'm very troubled by what I think

        22       are disproportionate cuts to higher education.

        23       I know it's a difficult time, but at the same

        24       time I think we've got to be mindful of the

        25       students in college.



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         1                  Thank you, Mr. President.

         2                  ACTING PRESIDENT GRIFFO:    Thank

         3       you, Senator Stavisky.

         4                  Senator Huntley.

         5                  SENATOR HUNTLEY:    Yes,

         6       Mr. President.  Will the Senator --

         7                  SENATOR DeFRANCISCO:    Yes.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       DeFrancisco yields, Senator Huntley.

        10                  SENATOR HUNTLEY:    He's so kind.

        11       Before I ask him, he's up.  Thank you.

        12                  I would like to know, in the mental

        13       health on the joint committees, I did not see

        14       anything that talked about the lawsuit that --

        15       the disabled advocates versus Paterson.  As

        16       you know, there was a lawsuit for about

        17       $42 million or more.

        18                  Now, I want to know what happens if

        19       the state loses the appeal in the Second

        20       Circuit and needs to comply with the court

        21       decision.  Where will the $42 million come

        22       from?  I don't see it anyplace, so I was just

        23       wondering.

        24                  SENATOR DeFRANCISCO:    What I'm

        25       told -- I wasn't familiar with this, the



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         1       dollars, but I was told that $40 million is in

         2       the budget as a reserve to take care of that

         3       lawsuit if unsuccessful.

         4                  SENATOR HUNTLEY:    So the money

         5       has been appropriated for that.

         6                  SENATOR DeFRANCISCO:    It's there.

         7       It's in there, like Prego.

         8                  SENATOR HUNTLEY:    Because I

         9       didn't see it.  That's why I'm asking.

        10                  SENATOR DeFRANCISCO:    It's in

        11       there.  I've been assured that it's in there.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Huntley, are you asking Senator DeFrancisco to

        14       continue to yield.

        15                  SENATOR HUNTLEY:    Through you,

        16       Mr. President, would he continue to yield.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       DeFrancisco yields.

        19                  SENATOR HUNTLEY:    The 600 beds,

        20       how did the Senate arrive at a cap of 600

        21       beds?  Mental health, I'm talking about.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Huntley, can you speak up, please, into the

        24       mike.

        25                  SENATOR HUNTLEY:    How did the



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         1       Senate arrive at a cap of 600 beds?  The

         2       Governor's original proposal did not call for

         3       a cap.  So I wondered how you arrived at the

         4       mental health at 600 beds.  Because there was

         5       no cap.

         6                  SENATOR DeFRANCISCO:    What it is,

         7       I think the cap is for the protection of

         8       people in need of beds.  Because the

         9       Governor's proposal just indicated that there

        10       would be cuts in numbers of beds without

        11       giving an amount of beds.  The purpose of the

        12       cap was to make sure it would not go beyond

        13       that number and that there was some control so

        14       that it wouldn't be 1200 beds.

        15                  So the cap, I think, is to the

        16       advantage of those who may need those beds at

        17       some time in this next year.

        18                  SENATOR HUNTLEY:    So there's no

        19       cap for the beds.

        20                  SENATOR DeFRANCISCO:    There is a

        21       600 --

        22                  SENATOR HUNTLEY:    Well, there's

        23       a -- yes.  But I think what happened is the

        24       Governor's original proposal did not call for

        25       a cap.



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         1                  SENATOR DeFRANCISCO:    Right.  And

         2       that's the point.  The point is his proposal

         3       was he could close beds.  Closing beds could

         4       mean 600, 1200, 1500.  The cap was in order to

         5       make sure there was a limit as to how many

         6       beds could be closed.

         7                  SENATOR HUNTLEY:    Okay.  So the

         8       purpose of the closure is to get the

         9       10 percent.

        10                  SENATOR DeFRANCISCO:    The purpose

        11       of the closing of beds, right, is to reach for

        12       that 10 percent or thereabouts in savings.

        13       But again, the Legislature wanted to make sure

        14       there was a limit as to the number of beds

        15       that could be closed.

        16                  SENATOR HUNTLEY:    I --

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Huntley, are you asking him to yield?

        19                  SENATOR HUNTLEY:    I'm sorry.

        20       Through you, Mr. President.

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       DeFrancisco yields.

        23                  SENATOR HUNTLEY:    Will you yield?

        24                  SENATOR DeFRANCISCO:    Yes.

        25                  SENATOR HUNTLEY:    How do you know



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         1       the 600 will get you there?

         2                  SENATOR DeFRANCISCO:    All I can

         3       tell you is that in this case we relied on

         4       what the Division of the Budget indicated

         5       would be enough beds in order to reach that

         6       percentage.  And we're relying on that number.

         7                  SENATOR HUNTLEY:    Okay.  Would

         8       you yield for another question?

         9                  SENATOR DeFRANCISCO:    Yes.

        10                  ACTING PRESIDENT GRIFFO:    The

        11       Senator yields.

        12                  SENATOR HUNTLEY:    I want to go

        13       back to the $42 million for the lawsuit.

        14       Could you exactly tell me where that is in the

        15       budget?  Because I have not been able to find

        16       it.  And I'd like to know where it is so I

        17       could --

        18                  SENATOR DeFRANCISCO:    It's in the

        19       local assistance portion of one of the other

        20       bills -- the local assistance bill will have

        21       those dollars spelled out.  And you'll see

        22       those hopefully tomorrow, if that bill is

        23       ready.

        24                  SENATOR HUNTLEY:    Okay.  Thank

        25       you.



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         1                  ACTING PRESIDENT GRIFFO:    Thank

         2       you, Senator Huntley.

         3                  Is there any other Senator wishing

         4       to speak?  Seeing none, the debate is --

         5                  Senator LaValle.

         6                  SENATOR LaVALLE:    Thank you,

         7       Mr. President.  On the bill.  I just want to

         8       talk a little bit about the higher education

         9       portion of the budget.

        10                  This year I think the committee

        11       worked very hard, very diligently in creating

        12       a new process that allowed every member to go

        13       through both the SUNY and the CUNY budget line

        14       by line.  And I think the committee members

        15       learned a lot about what was in the bill and

        16       what was not in the Governor's legislation.

        17                  That was followed by a series of

        18       conference committees that many people

        19       participated in.  And when we reached a final

        20       decision -- and Senator DeFrancisco talked

        21       about the things that we added back into the

        22       budget -- with one dissenting Assembly vote,

        23       it was unanimous.

        24                  During our deliberations in the

        25       conference committees, I talked about over the



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         1       last four budgets that the State University

         2       had lost $1.5 billion, it's leaner by

         3       $1.5 billion including this.  Our house, this

         4       majority, this majority fought very hard to

         5       get a higher amount in the budget to deal with

         6       a problem for the State University hospitals.

         7       And two of the hospitals, without additional

         8       support, could be in great trouble.

         9                  So in this budget that's

        10       $60 million.  Along with other relief that

        11       will represent another $28 million in pension

        12       relief for the three hospitals, it adds

        13       $88 million.  In our one-house bill we had put

        14       in $115 million.  But the process is very

        15       fluid.  It's a give-and-take.  The Assembly's

        16       number-one priority was also the hospitals,

        17       under the amount that the Senate put in.

        18       Again, we put in $115 million, the Assembly

        19       put in some $60 million.

        20                  The other priority that was

        21       identical was that we restore money for our

        22       community colleges.  When we finished, we were

        23       below the amount that we had really targeted

        24       in our one-house budget bill.

        25                  But I would say some of the other



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         1       issues that came up -- and we discussed it

         2       openly in the conference committee, and we

         3       discussed it when we passed our one-house

         4       bill -- was things like maintenance of effort

         5       and Senator Stavisky's question about the

         6       fiduciary fund, that we wanted to make sure

         7       there was a wall around that so it could not

         8       be invaded.  We actually had language and had

         9       hoped to get that language into the budget.

        10                  Senator DeFrancisco talked about

        11       and I talked about openly in the conference

        12       committee was rational tuition policy.  This

        13       house brought up rational tuition policy, but

        14       quite honesty time ran out, so we could not do

        15       that.  We have other needs.  We talked about

        16       City University -- that could be on the table

        17       when we discuss rational tuition policy --

        18       UB 2020 and other related things.

        19                  From my perspective as chairman, I

        20       have great hopes -- sometimes hopes are

        21       dashed, but I'm optimistic that we will

        22       address these very issues that have been

        23       brought up.  They were discussed thoroughly in

        24       the conference committee, they were voted upon

        25       by the conference committee, what was on the



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         1       table that Senator DeFrancisco talked about.

         2       And as I indicated, one dissenting Assembly

         3       vote.

         4                  I think, given the resources and

         5       the budget deficit that we had, we plugged

         6       some holes for the hospitals, to save those

         7       hospitals, with the community college and some

         8       other items both for SUNY and CUNY.

         9                  So with that, Mr. President, I

        10       think that Senator DeFrancisco did a really

        11       terrific job in talking about the questions

        12       that Senator Stavisky asked him.  I just

        13       wanted to round out, as the chair, to bring

        14       all the members up to date as to where we are.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Krueger.

        17                  SENATOR KRUEGER:    Thank you very

        18       much.

        19                  Through you, Mr. President, if the

        20       sponsor would please yield to a question.

        21                  ACTING PRESIDENT GRIFFO:    Will

        22       the sponsor yield?

        23                  SENATOR DeFRANCISCO:    Yes.

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       DeFrancisco yields, Senator Krueger.



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         1                  SENATOR KRUEGER:    Thank you.

         2                  As I am combing through the memo

         3       and the legislation, I come across a section

         4       on miscellaneous items; it's page 7 in the

         5       memo.  Can you explain what the special

         6       emergency appropriation of $100 million and

         7       the special federal emergency appropriation of

         8       $1 billion are and will be used for?

         9                  SENATOR DeFRANCISCO:    What page

        10       are you on?

        11                  SENATOR KRUEGER:    Page 7 of the

        12       memo, miscellaneous items, third bullet from

        13       the bottom.

        14                  SENATOR DeFRANCISCO:    I've been

        15       informed that the $100 million is a dry

        16       appropriation, that it's the authorization in

        17       case of emergency to spend for that emergency.

        18       However, there's no cash behind it.

        19                  Is that correct?  That is correct.

        20                  SENATOR KRUEGER:    Thank you,

        21       Mr. President, if the sponsor would please

        22       yield to an additional question.

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       DeFrancisco, do you yield?

        25                  SENATOR DeFRANCISCO:    Yes.



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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Krueger.

         3                  SENATOR KRUEGER:    Thank you.

         4                  A year ago when we were dealing

         5       with the budget and we were on the other side

         6       of the aisle, we were asked in debate why we

         7       were hiding this billion dollars of special

         8       federal emergency appropriation money.  In

         9       fact, Senator Young was on record in the press

        10       that we received a billion dollars in

        11       unrestricted federal funds which we could be

        12       using to help our dairy farms as well as

        13       restore other funds to other programs.

        14                  So I guess now that we're on the

        15       reverse side of the aisle, I'm curious to just

        16       get a clarification.  Can we use this billion

        17       dollars for other programs that we're

        18       apparently cutting, in fact, 10 percent across

        19       the board at this time?

        20                  SENATOR DeFRANCISCO:    We cannot.

        21                  SENATOR KRUEGER:    We cannot.  So

        22       thank you, sponsor.  And we could not a year

        23       ago.

        24                  Thank you, Mr. President.

        25                  ACTING PRESIDENT GRIFFO:    Thank



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         1       you, Senator Krueger.

         2                  Senator Hassell-Thompson.

         3                  SENATOR HASSELL-THOMPSON:    Thank

         4       you, Mr. President.

         5                  I think some of the questions that

         6       I'd like to ask probably would be better asked

         7       of Senator Nozzolio, perhaps, if that's

         8       appropriate.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Nozzolio has not spoken, and the rules of the

        11       Senate do not allow that.  So I would --

        12                  SENATOR DeFRANCISCO:    I would

        13       yield the floor to him.  I'm getting kind of

        14       tired anyways.

        15                  (Laughter.)

        16                  SENATOR DeFRANCISCO:    I'll try to

        17       answer it.  And if I can't, maybe he can help

        18       me.

        19                  SENATOR HASSELL-THOMPSON:

        20       Through you, Mr. President, if the Senator

        21       would then yield.

        22                  SENATOR DeFRANCISCO:    Yes.

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       DeFrancisco yields, Senator Hassell-Thompson.

        25                  SENATOR HASSELL-THOMPSON:    Thank



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         1       you.

         2                  Senator DeFrancisco, I listened to

         3       the answers that you gave when Senator Breslin

         4       asked you about the bed closures, the

         5       additional 200, and you talked about what the

         6       savings would entail.  And I just -- was there

         7       an exact procedure by which these prison

         8       closures were agreed upon by the Senate

         9       Republicans?

        10                  SENATOR DeFRANCISCO:    You mean a

        11       procedure by which facilities would be closed?

        12                  SENATOR HASSELL-THOMPSON:    Yes.

        13                  SENATOR DeFRANCISCO:    The budget

        14       language does not have any particular

        15       procedure.  It leaves it in the control of the

        16       Governor.

        17                  But I know I was at the news

        18       conference where the budget agreement was

        19       announced on Sunday at about 4:30, and the

        20       Governor at that news conference indicated

        21       that he wanted to do it with the consultation

        22       of the Legislature and also make it

        23       geographically fair.  And there was sort of

        24       his word that that's the way it would go.

        25                  But according to the actual



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         1       language, the language really leaves it up to

         2       the Governor.

         3                  SENATOR HASSELL-THOMPSON:    So am

         4       I correct -- through you, Mr. President.  So

         5       am I clear, then, Senator, that the language

         6       is unclear to you in terms of what that

         7       process would be, that there's a promissory on

         8       the part of the Governor to include the

         9       Legislature but there's no real language that

        10       spells out how that's going to happen?

        11                  SENATOR DeFRANCISCO:    The

        12       language is very clear.  It leaves it to the

        13       total discretion of the Governor.  But his

        14       announcement indicated that was a procedure he

        15       expected to follow.

        16                  SENATOR HASSELL-THOMPSON:    Okay.

        17       So you don't know who will be involved in the

        18       process other than the Governor himself.

        19                  SENATOR DeFRANCISCO:    The

        20       Governor, if he chose to close whatever

        21       prisons he wanted to close, he could do that.

        22       But I would expect, in view of the trust I

        23       believe that's been established during this

        24       budget process, and everybody trying to work

        25       together, both houses, I would imagine that he



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         1       would be true to his word that he would

         2       involve at least the legislative leadership in

         3       those decisions.

         4                  SENATOR HASSELL-THOMPSON:    One of

         5       the things that --

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       Hassell-Thompson, are you asking Senator

         8       DeFrancisco to yield?

         9                  SENATOR HASSELL-THOMPSON:    Thank

        10       you, Mr. President.  Through you.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       DeFrancisco, do you yield?

        13                  SENATOR DeFRANCISCO:    Yes.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       Senator yields.

        16                  SENATOR HASSELL-THOMPSON:    One of

        17       the things that was very clear in each of the

        18       prison closures that I've been involved in in

        19       the years that I've been here is that the

        20       community has a major stake in these closures.

        21       Is there any indication that the community

        22       will be involved in any way in this process of

        23       a closure?

        24                  SENATOR DeFRANCISCO:    No, there's

        25       no language to do that.  And -- but there is



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         1       some economic development money that is going

         2       to be in one of the other budget pieces, I

         3       think.  I know it's going to be in.  I don't

         4       think it's in this budget.

         5                  And that economic development money

         6       is in order to help those communities attract

         7       businesses and jobs to try to offset some of

         8       the economic problems that those communities

         9       might experience.

        10                  SENATOR HASSELL-THOMPSON:

        11       Through you, Mr. President, if the Senator

        12       will continue to yield.

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       DeFrancisco, do you continue to yield?

        15                  SENATOR DeFRANCISCO:    Yes.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       Senator yields.

        18                  SENATOR HASSELL-THOMPSON:    Thank

        19       you.

        20                  I'm a little bit confused, and I

        21       think I'm not the only one in here perhaps who

        22       is.  But we're talking about the closure of

        23       prisons and we've increased the numbers of

        24       beds that are going to be included in that by

        25       an additional 200.  It's unclear what factors



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         1       will be used to determine which prisons will

         2       be closed, how many will be closed.  This

         3       totally is being left up to the discretion of

         4       Governor.  And what did you get for all that?

         5                  SENATOR DeFRANCISCO:    We got an

         6       on-time, early budget.  And we got a

         7       commitment from the Governor that he would

         8       discuss the process and what prisons were to

         9       close with the legislative leaders, and he

        10       gave his word that it would be geographically

        11       balanced.

        12                  And for that, we're going to have

        13       the first early budget in my tenure and I

        14       assume in the tenure of everyone here -- most

        15       people here, I should say.  Most people here.

        16       So, you know, that's what we got for it.

        17                  SENATOR HASSELL-THOMPSON:    Okay.

        18       Current law requires both 12 months' notice

        19       and the development of an adaptive reuse plan

        20       prior to these closures.  Now, over the next

        21       year, will the Executive be required to abide

        22       by this statutory condition?

        23                  SENATOR DeFRANCISCO:    No.  That's

        24       changed -- the one-year notice, is that what

        25       you're referring to?



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         1                  SENATOR HASSELL-THOMPSON:

         2       Mm-hmm.

         3                  SENATOR DeFRANCISCO:    That in

         4       this budget is changed -- as soon as they stop

         5       talking -- 60 days, correct?  Sixty days.

         6                  SENATOR HASSELL-THOMPSON:    So

         7       through you, Mr. President --

         8                  SENATOR DeFRANCISCO:    For this

         9       year only.  For this year only.

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       Hassell-Thompson is requesting the sponsor to

        12       yield.

        13                  SENATOR DeFRANCISCO:    Yes.  Yes,

        14       I would yield to any questions without having

        15       to ask me every time.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       DeFrancisco yields.

        18                  SENATOR HASSELL-THOMPSON:    Again,

        19       I guess the more questions I ask, the more

        20       confused I get.  And that's not usual for me.

        21       So I publicly admit that.  But I think --

        22                  SENATOR DeFRANCISCO:    Maybe you

        23       should listen more carefully, because I think

        24       I'm very clear.

        25                  SENATOR HASSELL-THOMPSON:    I'll



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         1       try.  I'll try.  Speak into your mike and I'll

         2       try.

         3                  But in the meantime, what I think

         4       what the confusion is, not necessarily what

         5       you're saying or not saying, is necessarily

         6       that we fought so hard last year to save two

         7       upstate prisons, Ogdensburg and Moriah.  And

         8       if the next year the commissioner were to give

         9       60-day notices that Ogdensburg and Moriah

        10       Shock were going to close, what recourse would

        11       Senator Little or Senator Ritchie have to save

        12       these prisons under this budget agreement?

        13                  SENATOR DeFRANCISCO:    We all

        14       happen to be residents of the same state that

        15       has a fiscal crisis at the moment.  It's not a

        16       matter of recourse, it's a matter of trying to

        17       get the budget in place and closing beds that

        18       have to be closed.

        19                  We trust the Governor's word that

        20       it's going to be geographically balanced and a

        21       process by which economic development dollars

        22       will be provided to create more jobs in

        23       whosever district it's put in.  And there is a

        24       level of trust that this is going to be done

        25       fairly.  Maybe last year there wasn't a level



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         1       of trust with the prior governor.  There is

         2       with this governor.  And that's all I can tell

         3       you.

         4                  And all of us are concerned about

         5       our parochial interests, but there's a state

         6       problem here that we're trying to correct.

         7       And with the Governor's word that it will be

         8       geographically fair and that there will be

         9       economic development money to try to offset

        10       that.  That's what we have in the budget, and

        11       we believe that's a good approach and that's

        12       the best approach to get this budget done in

        13       this fashion.

        14                  And I hope I spoke loudly enough

        15       and into my mike so you could hear me.

        16                  SENATOR HASSELL-THOMPSON:    Okay.

        17       Through you, Mr. President.

        18                  ACTING PRESIDENT GRIFFO:    Senator

        19       DeFrancisco yields.

        20                  SENATOR DeFRANCISCO:    Yes.

        21                  SENATOR HASSELL-THOMPSON:    Let me

        22       ask you this, then, Senator DeFrancisco.  It's

        23       been said by one of the members who has

        24       prisons in his district that 20 prisons across

        25       the state virtually sit next to one another.



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         1       Let me ask you about a stretch of prisons that

         2       are virtually next to each other across

         3       upstate New York.  That's geographically

         4       across upstate New York.

         5                  In Senator Gallivan's district

         6       there's Collins medium facility, Gowanda

         7       medium facility, Buffalo medium facility,

         8       Wendy medium security.  In the district of

         9       Senator Nozzolio is Attica maximum security,

        10       Wyoming CASAT facility, Livingston medium

        11       county, Groveland medium facility, Orleans

        12       medium security facility, Butler medium

        13       security, Five Points maximum -- and I can go

        14       on and on and on.

        15                  And I can go to Senator Griffo's

        16       district:  Mid-State medium security, Marcy

        17       medium security.  In Senator Farley's

        18       district, the Hale Creek CASAT facility in

        19       Fulton County, the Mount McGregor medium

        20       secure facility.  In Senator Seward's

        21       district, the Summit shock facility, Greene

        22       medium facility, Coxsackie medium facility.

        23       In Senator Little's district, Washington

        24       medium security; Great Meadow maximum.  In

        25       Saland's district, Hudson medium security



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         1       facility.

         2                  Now, under this budget currently

         3       written, could the commissioner close any one

         4       of these facilities with as little as 60-day

         5       notices and still be geographically fair?

         6                  SENATOR DeFRANCISCO:    It's not up

         7       to me to make those determinations.

         8                  But I believe that what -- number

         9       one, last year the last closures happened to

        10       be in only Republican districts.  So I'm happy

        11       to hear that you are concerned about only

        12       those prisons in Republican districts this

        13       year, because we are concerned about all

        14       districts throughout the state.

        15                  As far as geographically balanced,

        16       I think the general population centers in the

        17       State of New York are upstate and the New York

        18       City metropolitan area.  I would think

        19       geographically balanced would mean, to me --

        20       it's my definition -- upstate and downstate.

        21       But the Governor has not committed to any of

        22       those, and any of these prisons could be fair

        23       game.

        24                  Lastly, at our table and in our

        25       one-house budget we proposed consolidating



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         1       administrations of various prisons in order to

         2       save money, rather than close prisons.  And

         3       unfortunately the Assembly did not believe

         4       that was the right way to go, and it didn't

         5       happen.

         6                  SENATOR HASSELL-THOMPSON:    On the

         7       bill.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Hassell-Thompson on the bill.

        10                  SENATOR HASSELL-THOMPSON:    There

        11       is nothing in the language of this bill that

        12       protects any prison anywhere.  And I'm not

        13       questioning the veracity or the integrity of

        14       the Governor's word or whatever that means.

        15                  But what I am saying, that the

        16       prisons upstate are maximum and minimum

        17       security prisons, and the prisons downstate

        18       are work release programs.  They don't fit

        19       into the same category.  That's number one.

        20                  Number two, if this is the case,

        21       why does this budget -- which has been

        22       negotiated, admittedly, by the Republicans.

        23       Everybody is taking credit for this on-time,

        24       very committed budget-saving budget.  How does

        25       it give you any legislative oversight or



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         1       protection for prison closures for the next

         2       12 months?  And also, have you heard from

         3       NYSCOBA about your agreement in any of these

         4       approvals?

         5                  It amazes me that communities who

         6       have so much at stake, who have built their

         7       townships around these prisons, are going to

         8       have -- are going to be the most devastated

         9       and take the greatest loss.  And yet on a

        10       word, and not words that are written in stone,

        11       are we making a commitment to allow prisons to

        12       be closed.

        13                  I think it's disingenuous of you,

        14       Senator DeFrancisco, to suggest to me that --

        15       particularly since the work that I've done has

        16       always been in Republican prisons.  So to even

        17       to infer or to imply that I have no concern

        18       about the entire State of New York is totally

        19       unfair and inappropriate for you to make

        20       toward me.  You may make that to almost

        21       anybody else in these chambers.  But I think

        22       that I have demonstrated, in the years that I

        23       have stood here in this place and represented

        24       the people who are in those prisons -- because

        25       they happen to live in my district, which is



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         1       interesting.  But more than that, I have cared

         2       about the townships and the communities that

         3       were built around the prisons.  And I've gone

         4       to those communities, spoken with townships,

         5       with municipalities, and heard the stories and

         6       have spoken with teachers, with store owners,

         7       with people who when those prisons are closed,

         8       will have nowhere to go.

         9                  Those correction officers can be --

        10       based on their seniority, can be -- on a bump

        11       system can be placed anywhere in the state

        12       that there's a job for them.  But for the

        13       people who are stuck there, who came there,

        14       who built their lives around those prisons,

        15       they're going to be devastated.

        16                  And there is nothing that is

        17       demonstrated in this budget or in the budget

        18       plan that goes forward that says that there

        19       are any protections for those prisons or for

        20       the people in those communities.

        21                  So it saddens me --

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Libous, why do you rise?

        24                  SENATOR LIBOUS:    Would the

        25       Senator yield for a question.



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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Hassell-Thompson, would you yield for a

         3       question from Senator Libous?

         4                  SENATOR HASSELL-THOMPSON:

         5       Certainly, Senator Libous.

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       Libous.

         8                  SENATOR LIBOUS:    Thank you,

         9       Mr. President.

        10                  Senator, I believe your passion.  I

        11       really do.  But where was your passion in 2009

        12       when you controlled this house and my prison

        13       closed?  And they only had 60 days -- because

        14       that's what was changed in the budget -- they

        15       didn't give them a year, and I now have

        16       260 acres of open space, and it's closed.  And

        17       yet I didn't see this same concern and passion

        18       from you when I stood on the floor and talked

        19       about the closing of my prison.

        20                  Now, I believe you're sincere.  But

        21       yet the rules change.  The --

        22                  SENATOR HASSELL-THOMPSON:    Are

        23       you asking a question?

        24                  ACTING PRESIDENT GRIFFO:    You've

        25       yielded to Senator Libous to ask a question.



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         1                  SENATOR HASSELL-THOMPSON:    Well,

         2       ask a question.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Libous is posing his question, Senator

         5       Hassell-Thompson.  Please be patient.

         6                  SENATOR HASSELL-THOMPSON:    Okay.

         7       I'm waiting for --

         8                  SENATOR LIBOUS:    Mr. President,

         9       she's right.  I asked her a question, and

        10       sure, I would yield for the answer.

        11                  SENATOR HASSELL-THOMPSON:    The

        12       answer to your question, Senator Libous --

        13       through you, Mr. President -- from the moment

        14       your prison began to close, I began to work,

        15       because I was on the committee.  I wasn't the

        16       chair of the committee, but I was on the

        17       committee.  And I actively began to look at

        18       what kind of legislation we needed to do in

        19       order to keep prisons from closing without

        20       notice.

        21                  I happened to -- at the time your

        22       prison closed, there was conversation about

        23       closing Fulton, which is in my district.  And

        24       so we had something in common, Senator Libous.

        25                  And if you will remember the



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         1       history accurately, you will know that that

         2       was the moment that I began to have

         3       conversations with Betty Little and some of

         4       the other Senators in these chambers about the

         5       prisons that are in their district.  And

         6       that's when we began to do the work that

         7       culminated in the bill that we passed last

         8       year.

         9                  SENATOR LIBOUS:    Mr. President,

        10       would the Senator yield for one other

        11       question.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Hassell-Thompson, will you yield?

        14                  SENATOR HASSELL-THOMPSON:    Yes,

        15       certainly.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       Senator yields.

        18                  SENATOR LIBOUS:    Thank you,

        19       Mr. President.

        20                  Senator, did your prison close?

        21                  SENATOR HASSELL-THOMPSON:    No, my

        22       prison did not close.

        23                  SENATOR LIBOUS:    Okay, thank you.

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Hassell-Thompson, are you still on the bill?



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         1                  SENATOR HASSELL-THOMPSON:    Yes,

         2       thank you, Mr. President.

         3                  It seems to have escaped notice

         4       that I also was one of the hardest fighters

         5       for the reuse adaptive plan that was proposed

         6       and passed in these chambers last year.  And

         7       is there a reuse plan in this budget?  No.

         8                  Mr. President, I think that we're

         9       obviously disappointed and frankly disturbed

        10       that the leaders in Albany have chosen to make

        11       drastic, unnecessary cuts to many of our

        12       prison systems rather than seeking to cut the

        13       ever-growing and costly bureaucracy that is a

        14       part of the Department of Corrections.  The

        15       announced cuts will have very serious impacts

        16       on the safety of our jails, putting more lives

        17       at risk and jeopardizing the structure of the

        18       entire New York State prison system.

        19                  With this budget, the leaders in

        20       Albany have stated unequivocally "We care more

        21       about numbers on the spreadsheet than the

        22       lives of the people and their safety."

        23                  I'm sorry that that's the response

        24       that we have given, but that's what this

        25       budget reflects to me.



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         1                  Thank you for your indulgence,

         2       Mr. President.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Diaz.

         5                  SENATOR DIAZ:    Thank you,

         6       Mr. President.

         7                  Would Senator Ruth Hassell-Thompson

         8       yield for a question or two?

         9                  ACTING PRESIDENT GRIFFO:    You're

        10       asking Senator DeFrancisco to yield, Senator

        11       Diaz?

        12                  SENATOR DIAZ:    No, Senator

        13       Hassell-Thompson.

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Hassell-Thompson, will you yield for a

        16       question?

        17                  SENATOR HASSELL-THOMPSON:    Yes,

        18       Senator Diaz, I will.

        19                  SENATOR DIAZ:    There was a prison

        20       in my district called Pyramid.  And when that

        21       prison was marked for closing, I did

        22       everything in my power, in my duties, to keep

        23       it open, to the point that I even crossed the

        24       aisle and went to Joe Bruno and asked him to

        25       help me.  And that prison was open that year.



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         1       Then the next year they closed it on me.

         2                  So I'm saying this to make clear

         3       that I have been working and I've always tried

         4       to protect my prison.  Because when people

         5       elected me, they elected me to protect them.

         6       To protect their jobs, to protect their turf,

         7       to protect their services.

         8                  So, Senator Thompson, I heard here

         9       that Senator DeFrancisco said to you that we

        10       have given up everything to the Governor in

        11       the name of an on-time budget.  Is that --

        12       that's what he said?

        13                  SENATOR HASSELL-THOMPSON:    That's

        14       what I heard.  Through you, Mr. President,

        15       that's what I heard.

        16                  SENATOR DIAZ:    Mr. President,

        17       could I -- could Senator Hassell-Thompson

        18       yield for another question?

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Hassell-Thompson, will you yield for another

        21       question?

        22                  SENATOR HASSELL-THOMPSON:    Yes.

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Diaz.

        25                  SENATOR DIAZ:    So you are telling



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         1       me -- you've got to enlighten me because I

         2       have to be clear on what I understand.  So you

         3       are telling me that elected officials, people

         4       that are elected to protect their services and

         5       their jobs, have given up everything just for

         6       the sake of an on-time budget?  That's what

         7       you're telling me that he said?

         8                  SENATOR HASSELL-THOMPSON:

         9       Through you, Mr. President.

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       Hassell-Thompson.

        12                  SENATOR HASSELL-THOMPSON:    When I

        13       asked the question "What did you get?" the

        14       answer that I heard was "We got an on-time

        15       budget."

        16                  SENATOR DIAZ:    Mr. President,

        17       would Senator Thompson still yield for a

        18       question?

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Hassell-Thompson, do you continue to yield to

        21       Senator Diaz?

        22                  SENATOR HASSELL-THOMPSON:    Yes.

        23       Yes, Mr. President.

        24                  SENATOR DIAZ:    So those jobs --

        25       and I protected my prison to the point that I



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         1       cross the aisle to the Republicans to help me.

         2       So nobody could tell me that I didn't -- have

         3       not done that before.  And I am angry because

         4       I lost the prison.

         5                  But to those people in the areas

         6       where those prisons are going to be closed and

         7       their jobs are going to be lost and their

         8       means of supporting their family might be

         9       lost, what would their elected official tell

        10       them?  "Oh, I'm sorry, but I did it for an

        11       on-time budget?"  Would you think that's

        12       right?  Senator Thompson, would that be right,

        13       to go to those people and tell them, "Oh, I'm

        14       sorry, but it's an on-time budget"?  You're

        15       going to lose your job, you're going to lose

        16       your means of supporting your family, you are

        17       going to lose everything that you have worked

        18       for, you're going to be in the street, but we

        19       have an on-time budget.  Is that right,

        20       Senator Thompson?

        21                  SENATOR HASSELL-THOMPSON:

        22       Through you, Mr. President.  I'm fairly sure,

        23       Senator -- first of all, the short answer to

        24       your question is no, that's not right.

        25                  But I'm fairly sure, Senator Diaz,



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         1       that's not what will be told back in the

         2       district.

         3                  SENATOR DIAZ:    So when we are --

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Diaz.

         6                  SENATOR DIAZ:    Through you,

         7       Mr. President, will Senator Thompson still

         8       yield for another question?

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Hassell-Thompson, do you yield for an

        11       additional question?

        12                  SENATOR HASSELL-THOMPSON:    Yes,

        13       Mr. President.

        14                  SENATOR DIAZ:    So when we all go

        15       campaigning and asking the people to vote for

        16       us, do we tell the people, you know, you vote

        17       for me, but when the time comes for an on-time

        18       budget, I'm going to throw you under the bus?

        19       Is that what -- we said that when we were

        20       campaigning?

        21                  SENATOR HASSELL-THOMPSON:

        22       Through you, Mr. President.  One of the

        23       difficulties -- let me answer the question

        24       this way, Senator Diaz.  One of the

        25       difficulties is that the press has done a very



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         1       good job of convincing the people of this

         2       state that they need an on-time budget and

         3       that Albany is broken.  And so in their zeal

         4       to cater to the press and not to the people,

         5       we have an on-time budget.

         6                  Now, if this is a good budget, the

         7       best budget that's in the best interests of

         8       all of the people of the State of New York,

         9       I'm not clear that that was taken totally into

        10       consideration by anybody.  But I do know that

        11       the thing that people promised their

        12       constituents, they would give them an on-time

        13       budget.  Well, they got it.

        14                  But one of the things, Senator

        15       Diaz, that I told the people in my district,

        16       I'm not voting for an on-time budget.  I'm

        17       voting for a budget that's in the best

        18       interests, and I will stay here and I will

        19       keep the budget process open for as long as I

        20       can.  And if that's the process by which you

        21       determine that you want an on-time budget, you

        22       can have an on-time budget.  In fact, we could

        23       have passed the budget when the Governor

        24       handed the budget down in January.  They would

        25       have had an on-time budget.



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         1                  But would they have had Title 20

         2       put back in the budget?  Would they have had

         3       $270 million put back into the education

         4       budget?  Would they have had any of the things

         5       that have been restored in the budget if we

         6       had done it in January?  And the answer to

         7       that is no.

         8                  And if we stayed a little longer,

         9       the $8 million that my district is going to

        10       lose in the education of the poorest children

        11       might get put back in the budget.  And in

        12       Andrea's district, $17 million might get put

        13       back in the budget.  But because we're going

        14       to get an on-time budget, two communities in

        15       Westchester County with the poorest children

        16       are going to lose $25 million so that we can

        17       have an on-time budget.

        18                  Do you have any more questions for

        19       me, Senator Diaz?

        20                  SENATOR DIAZ:    Yes --

        21                  (Laughter.)

        22                  SENATOR DIAZ:    Mr. President,

        23       would Senator Thompson yield for another

        24       question?

        25                  ACTING PRESIDENT GRIFFO:    Senator



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         1       Hassell-Thompson, will you yield?

         2                  SENATOR HASSELL-THOMPSON:    Yes, I

         3       will, Mr. President.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Hassell-Thompson yields.

         6                  SENATOR DIAZ:    Are you getting

         7       angry at me, Senator Thompson?

         8                  SENATOR HASSELL-THOMPSON:    No,

         9       sir.  No, absolutely not.

        10                  SENATOR DIAZ:    Because I'm with

        11       you.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Diaz, will you pose your question, please.

        14                  SENATOR DIAZ:    Yeah, the question

        15       is --

        16                  ACTING PRESIDENT GRIFFO:    Can I

        17       have some order in the chamber, please.

        18                  SENATOR DIAZ:    Senator Thompson,

        19       so there are going to be prisons that are

        20       going to be closed again.  People are going to

        21       lose services and people are going to lose

        22       their jobs.  And could you show me the names

        23       of the prisons again that are going to be

        24       closed and the name of the areas where they

        25       might be closed?  Please, will you read it to



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         1       me again?

         2                  SENATOR HASSELL-THOMPSON:    Read

         3       it to you, sir?

         4                  SENATOR DIAZ:    Yeah, the name of

         5       the prisons, will you please read it to me

         6       again?

         7                  SENATOR HASSELL-THOMPSON:

         8       Through you, Mr. President.  In Senator

         9       Gallivan's district --

        10                  SENATOR DIAZ:    Senator who?

        11                  SENATOR HASSELL-THOMPSON:

        12       Gallivan.  Senator Gallivan.

        13                  -- Collins medium security, Gowanda

        14       medium security, Buffalo medium security,

        15       Wendy maximum security.

        16                  In Senator Nozzolio's district,

        17       Attica maximum security, Wyoming CASAT

        18       facility, Livingston medium county, Groveland

        19       medium security, Orleans medium security

        20       facility, Butler medium security, Five Points

        21       maximum security, Willard Drug Treatment

        22       Facility, Auburn maximum security, Cayuga

        23       medium security.

        24                  Senator Griffo's district:

        25       Mid-State medium security, Marcy medium



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         1       security facility.

         2                  In Senator Farley's district, it's

         3       Hale Creek CASAT facility in Fulton County,

         4       the Mt. McGregor medium security facility.

         5                  In Senator Seward's district, the

         6       Summit shock facility, the Greene medium

         7       security, Coxsackie medium security.

         8                  Senator Little's district:

         9       Washington medium security, Great Meadow

        10       maximum security.

        11                  In Senator Saland's district,

        12       Hudson medium security facility.

        13                  SENATOR DIAZ:    So through you,

        14       Mr. President, will Senator Thompson yield for

        15       another question?

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Hassell-Thompson, do you yield for another

        18       question?

        19                  SENATOR HASSELL-THOMPSON:    Yes,

        20       Mr. President.

        21                  SENATOR DIAZ:    So Senator

        22       Thompson, we could all, at once, could tell

        23       all the people that might lose their jobs in

        24       these districts "We have on-time budget,

        25       bingo."



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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Diaz, could you pose your question, please?

         3       Are you speaking on the bill or are you asking

         4       a question?

         5                  SENATOR DIAZ:    No, I am asking a

         6       question.

         7                  ACTING PRESIDENT GRIFFO:    Then

         8       pose the question, please.

         9                  SENATOR DIAZ:    The question is

        10       Senator Thompson, can we all at once tell all

        11       those communities that might be losing their

        12       jobs and that might be losing their way of

        13       earning a decent living, could we all together

        14       could tell them, "Hey, we have an on-time

        15       budget"?  Could we, and that would solve their

        16       problem?

        17                  SENATOR HASSELL-THOMPSON:

        18       Through you, Mr. President.  No, Senator Diaz.

        19       I don't think that that would solve their

        20       problem at all.

        21                  SENATOR DIAZ:    Thank you.

        22                  On the bill.

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Diaz on the bill.

        25                  SENATOR DIAZ:    We have a big



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         1       problem here, ladies and gentlemen.  I lost --

         2       they closed a prison in my district.  And I

         3       know what it is, I know what it is for people

         4       that depend on those jobs to be on the street

         5       without those services and those -- and that

         6       way of earning a decent living.  So I know

         7       what I'm talking about.

         8                  And now for us to come here and say

         9       that we have given the Governor, that we have

        10       given the Honorable Andrew Cuomo all the power

        11       in the world to decide upon himself to close

        12       these prisons and that we trust him and that

        13       we are telling all those residents and all

        14       those districts, elected officials are

        15       telling, are telling their communities "Oh,

        16       don't worry, we have an on-time budget, and we

        17       trust the Governor."

        18                  Well, ladies and gentlemen, if that

        19       is the way that people do campaigning

        20       upstate -- in the South Bronx, this black guy

        21       with kinky hair from Puerto Rico, I campaign

        22       different.  I promise my people that I will

        23       support and protect them, and I trust no one.

        24       I trust no one.  Not the Governor, not the

        25       Lieutenant Governor that he disappeared from



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         1       the chamber -- come on, I'm serious here.

         2       Not -- not -- no one.  When it comes -- when

         3       it comes to the well-being of the residents of

         4       the 32nd Senatorial District that I represent,

         5       I trust no one.

         6                  And for me to hear, to hear that

         7       people are saying to their district and to

         8       their -- to the residents of the districts

         9       that they represent, "Oh, don't worry, we

        10       trust the Governor," I hope, ladies and

        11       gentlemen, I hope that those residents

        12       remember that.  Because if this is the way we

        13       do business, we should then abolish our

        14       duties.  We have no reason to be.  We have no

        15       reason to be.

        16                  If the way to do it is, "Oh, we

        17       need an on-time budget, we trust the Governor;

        18       Governor, go ahead, do whatever you want,"

        19       then what they do they need us for?  Shame,

        20       shame, shame, to come here and say we tell the

        21       Governor to do whatever he wants and we have

        22       an on-time budget.  I mean, this is -- do we

        23       understand what we're saying here?  Do you

        24       people understand what you're saying?  We tell

        25       the Governor we have on-time budget -- do



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         1       whatever you want, Governor, but we have an

         2       on-time budget.

         3                  I am black, I'm Puerto Rican, and I

         4       have broken English -- I don't even

         5       understand.  Maybe I'm from another planet.

         6       But to hear, to hear lawyers, people that went

         7       to Yale and Harvard and Princeton to come here

         8       and say, "Hey, we trust the Governor, and the

         9       Governor told us to trust him and we have an

        10       on-time budget" -- bingo, we have an on-time

        11       budget -- in the words of the Governor, "I am

        12       not that type of person."

        13                  And whoever, whoever, whoever plays

        14       with the rice and beans and the services of

        15       their constituents that way doesn't deserve to

        16       be reelected.  Anybody that plays, that plays

        17       with their constituents' rice and beans and

        18       ways of living, earning a decent living to

        19       play this way and come here publicly and say,

        20       Yes, Governor Cuomo told me to trust him --

        21       trust Governor -- trust Governor Cuomo.

        22                  He wants to be president.  Governor

        23       Cuomo wants to be president, and he will do

        24       anything to be president.  He will take away

        25       the Medicaid from the people, he will take the



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         1       services from the poor, he will take the money

         2       from education, he will close all your areas

         3       and he will put everybody on the unemployment

         4       line and then he will say "I balanced the

         5       budget.  Elect me for president."  Shame on

         6       you.

         7                  Thank you very much.

         8                  SENATOR DeFRANCISCO:    Excuse me,

         9       may I be recognized?

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       DeFrancisco.

        12                  SENATOR DeFRANCISCO:    I need to

        13       answer that diatribe if I could, please.  And

        14       it will be very brief.

        15                  First of all, if anyone wondered

        16       about the merits of having this group of human

        17       beings in charge of this body and the

        18       individuals who entered into that charade of a

        19       debate by asking questions upon questions

        20       about nonsense surely would have their

        21       doubts -- their doubts --

        22                  SENATOR SMITH:    Mr. President.

        23       Mr. President --

        24                  SENATOR KRUEGER:    Point of order,

        25       Mr. President.



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         1                  SENATOR DeFRANCISCO:    -- would

         2       have their doubts --

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Smith, why do you rise?

         5                  SENATOR SMITH:    I have a point of

         6       order, Mr. President.

         7                  SENATOR DIAZ:    I'm rising too.

         8                  ACTING PRESIDENT GRIFFO:    You are

         9       not recognized.  Senator Smith is recognized.

        10       Please take your seat, Senator Diaz.

        11                  Senator Smith, you're recognized

        12       for your point of order.

        13                  SENATOR SMITH:    Thank you,

        14       Mr. President.

        15                  Mr. President, I know that this is

        16       a late hour and it's getting emotional.  But I

        17       would ask Senator DeFrancisco if he wouldn't

        18       mind controlling that type of personal attack.

        19       Talk about "these people" versus "these

        20       people" does no good for either side of this

        21       chamber.

        22                  For those that are watching, this

        23       is a very distinguished body of individuals.

        24       Senator DeFrancisco, Senator Skelos is doing a

        25       great job as Majority Leader, as he should be



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         1       doing.  Senator Sampson is doing the same.

         2       And I think we all deserve the type of decorum

         3       that is necessary of professionals that are on

         4       this floor.

         5                  ACTING PRESIDENT GRIFFO:    Thank

         6       you, Senator Smith.  Your point is noted.

         7                  Senator DeFrancisco, you have the

         8       floor.

         9                  SENATOR DeFRANCISCO:    I'm

        10       responding to the personal attacks that I just

        11       heard from Senator Diaz talking about how he

        12       cannot understand how people with certain

        13       educations could possibly say what was said in

        14       response to the questions that were answered

        15       before.

        16                  I want to make it very clear that

        17       in addition to the fact that we have a budget

        18       agreement, that I indicated quite clearly that

        19       there was funds available and economic

        20       development dollars that will assist those

        21       communities who are unfortunate enough to have

        22       a prison closed and lose some jobs.

        23                  In the revenue bill which will come

        24       out tomorrow, the tax credit program will be

        25       clearly spelled out which shows exactly the



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         1       economic development benefits companies will

         2       have in order -- if they create jobs within a

         3       five-mile radius of a closed prison.  I'm not

         4       going to go through them now, I'll go through

         5       them another time.

         6                  That was negotiated by the

         7       Legislature, by this house.  It was not in the

         8       Governor's budget.  So the comment that we're

         9       simply abdicating our responsibility and

        10       giving the Governor clear control of

        11       everything that goes on in this city is not

        12       correct.

        13                  It may very well be that Senator

        14       Thompson after the closures went into those

        15       districts and went to meetings and was on a

        16       commission and was compassionate with people

        17       who lost jobs.  That's great.  That didn't

        18       save one job or do anything other than give

        19       the people in the community some sense that

        20       someone cares.

        21                  Well, we did more than that in this

        22       budget, and you'll see it in the revenue bill.

        23       We created a vehicle whereby businesses will

        24       be encouraged by tax credits to come to those

        25       areas, wherever they might be, in order to



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         1       create jobs that were lost.  As the Governor

         2       has said many times, prisons are not an

         3       employment agency.  If we've got to downsize,

         4       we've got to downsize.  But we owe it to those

         5       communities to provide a vehicle to get those

         6       jobs back.

         7                  So we didn't abdicate anything.  We

         8       negotiated a very important component of this

         9       prison closure issue.  And we should be proud

        10       of that component and not derided for it as

        11       abdicating our responsibility, because there's

        12       nothing further from the truth.

        13                  Thank you, Mr. President.

        14                  ACTING PRESIDENT GRIFFO:    Thank

        15       you, Senator DeFrancisco.

        16                  Senator Nozzolio on the bill.

        17                  SENATOR NOZZOLIO:    Thank you,

        18       Mr. President.

        19                  The time is not for rhetoric, the

        20       time is for seriousness.  And this debate is

        21       one of serious consequence to the citizens of

        22       the State of New York.  We stand here deeply

        23       concerned with the fiscal condition of the

        24       State of New York.  We are on the precipice of

        25       economic ruin.  This is not a time to laugh.



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         1       This is not a time to joke.  This is not a

         2       time for theatrics.  It's a time for serious

         3       consideration of the dire economic

         4       consequences faced by every tax-paying citizen

         5       of this state, every job producer of this

         6       state.

         7                  Those of you who have been in this

         8       chamber for a number of years know that I have

         9       stood many times in support of a rational

        10       prison system in New York State, a system that

        11       protects primarily the people who work there,

        12       the brave men and women who walk the toughest

        13       law enforcement beat in America, the

        14       correction officers and other correctional

        15       personnel, and to keep our citizens safe.

        16                  During that period of time when I

        17       stood at this place, on this spot, and talked

        18       about prison conditions and consequences of

        19       policies, we heard a great deal of rhetoric

        20       from those who represent nonprison areas

        21       saying that prisons are just job factories for

        22       upstate New York.

        23                  I contend, Mr. President, that we

        24       do not build prisons to create jobs, we build

        25       prisons and keep prisons operating to keep



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         1       people safe and primarily people safe in the

         2       City of New York.  Because that's where the

         3       major concentrations of crime occur, although

         4       crime is not -- there's no place in this state

         5       that's immune from violent crime.

         6                  We stand today with a very

         7       difficult decision before us.  The economic

         8       consequences that we are confronted with

         9       require cuts across the board.  And this

        10       conference, this Republican conference, this

        11       Republican conference that has advocated time

        12       and time again for the safety and protection

        13       and a rational prison system must be faced

        14       with having to make difficult economic

        15       decisions.  And among those decisions are to

        16       join Governor Cuomo's position as he laid out

        17       in his budget address to close a number of

        18       correctional facilities.

        19                  We are not happy about that

        20       decision.  We only support that decision out

        21       of the dire consequences that are resulting

        22       from a budget that has for two years spent too

        23       much and taxed too much.

        24                  And when you closed prisons in 2009

        25       and 2010, they were all upstate facilities and



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         1       they were all in areas represented by

         2       Republican Senators.  And you tell me that

         3       that is fair?  You tell me that that is

         4       rational?  You tell me that that has any

         5       consideration whatsoever with the economic

         6       situations confronted by those communities

         7       that had prisons closed?  I stood during that

         8       debate the last two years, I don't recall

         9       anyone referencing a concern on the other side

        10       of the aisle at all about any of those

        11       concerns.

        12                  Senator DeFrancisco just talked

        13       about establishing a transformation program

        14       where tax credits and other economic

        15       development incentives are part of this budget

        16       because the Senate Republicans, working with

        17       the Governor, have achieved that objective.

        18       So at least we will have some economic

        19       development incentives for those communities

        20       confronted with this dire situation.

        21                  But let's understand historically

        22       why this has happened.  The drain in our

        23       prison population has occurred in great part

        24       because of the so-called Rockefeller Drug Law

        25       reform that we saw took place two years ago.



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         1       And I stood on this floor and warned you all

         2       who were voting for it that that was in fact

         3       the "Drug Dealer Protection Act" that allowed

         4       a get-out-of-jail-free card for not just drug

         5       offenders but very violent, very violent

         6       offenders who also committed crimes with

         7       drugs.

         8                  Governor Cuomo has been vilified by

         9       members of the other side of the aisle.  We're

        10       not happy with the decision that needs to be

        11       made, but we're willing to make the decisions

        12       that need to be made.  And those decisions are

        13       that we need to cut spending across the board.

        14                  I could argue forever on the wisdom

        15       of those so-called reforms that helped create

        16       additional murderers in Syracuse and Rochester

        17       and even the small city of Geneva where I

        18       represent.  One let out of jail because of the

        19       Rockefeller Drug Law reforms but had a violent

        20       history that was suppressed because of these

        21       so-called reforms that were placed.

        22                  Governor Cuomo made the commitment

        23       publicly.  And I believe that he will live by

        24       this commitment, that the system will not be

        25       targeting prisons but those that will be



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         1       rationalized and cut will be across the board

         2       in a way that has geographic balance.  And

         3       geographic balance is the best that we can

         4       hope for in these troubled economic times.

         5                  We've rejected the elimination of

         6       the 12-month notice requirement so that, when

         7       economic times are better, that there will be

         8       broader notice if there are any other

         9       facilities that need to be closed in the

        10       future.  But this temporary suspension, that

        11       gives them 60 days.  That's 60 days more than

        12       Lion Mountain received last time it was

        13       closed, 60 days more than the Washington

        14       Correctional Facility in Senator Little's

        15       district, the annex that was closed, 60 days

        16       more than Camp Gabriel when it was closed,

        17       60 days more than Senator Libous received when

        18       Camp Pharsalia was closed, and 60 days more

        19       than I received when part of the Butler

        20       Correctional Facility was closed.  All

        21       Republican districts, all upstate New York.

        22                  Mr. President, my colleagues, this

        23       is not the policy that we would prefer.  It's

        24       not what we like to do.  But under the

        25       circumstances, it is what we must do.  And



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         1       that's why I believe this measure should be

         2       supported and voted on in the positive.

         3                  Thank you, Mr. President.

         4                  ACTING PRESIDENT GRIFFO:    Thank

         5       you, Senator Nozzolio.

         6                  Senator Saland.

         7                  SENATOR SALAND:    Thank you,

         8       Mr. President.  The hour is late; I'll be

         9       brief.

        10                  What seems to have been overlooked

        11       during this entire debate is that this

        12       conference, through our public protection

        13       budget conference subcommittee, in fact

        14       offered a proposal which contains some

        15       $42.5 million worth of savings, savings that

        16       were intended to mitigate the closings that

        17       were proposed by the Governor.  We strove

        18       mightily to mitigate those closings but lacked

        19       a partnership.  Neither the Governor nor the

        20       Assembly would accept those cost-saving

        21       measures.  They basically dealt with

        22       nonpersonal services and, as somebody -- I

        23       believe Senator DeFrancisco -- alluded to

        24       earlier, savings derived from duplicative

        25       administrative personnel in prisons in close



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         1       proximity.  A perfectly reasonable proposal,

         2       but one which again our friends in the

         3       Assembly and the other side of the aisle and

         4       the Governor saw fit to reject and not to

         5       consider.

         6                  I heard talk about somehow or other

         7       falling, worshipping before this idol of an

         8       on-time budget.  Perhaps some of us forgot our

         9       civics lessons.  Giving due to the reality of

        10       the situation in which we find ourselves, we

        11       have what is the most powerful Executive of

        12       any in the 50 states.  And that was certainly

        13       buttressed by the Court of Appeals decisions I

        14       believe in '04 and/or '05.

        15                  This Governor, as has been widely

        16       publicized, has basically said "I'm going to

        17       ram it down your throat if you don't negotiate

        18       the closure in time."  And the simple fact of

        19       the matter is this house negotiated, under the

        20       most strenuous and challenging of

        21       circumstances, any number of concessions and

        22       any number of modifications in this budget

        23       that are going to benefit our constituents

        24       from one end of the state to another.

        25                  So when we look at the current



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         1       moment, and it's quite literally nearly

         2       10 o'clock, I would merely remind those who

         3       engaged in at times a seemingly harsh if not

         4       vitriolic treatment of this side of the aisle

         5       that for some two years we endured what was

         6       among the most bizarre of governmental

         7       behavior in a one-house or one-party-dominated

         8       system.

         9                  And when one of my colleagues said

        10       one of the difficulties is the press has

        11       convinced people that the system is broken, it

        12       didn't take a lot of convincing.  Because

        13       certainly the last two years, if there were

        14       any doubters, made everybody well aware, as

        15       we -- we? -- as the system, as the

        16       one-party-dominated system taxed and spent to

        17       the tune of some $14 billion, not taking into

        18       account what the aftermath would be as if we

        19       could go on forever.

        20                  We can't go on forever.  We're here

        21       to pay the piper.  And the decisions are

        22       painful.  Nobody envies us the decisions we

        23       have to make.  But governance at times is

        24       about making difficult decisions.  And if you

        25       weren't prepared to make them, we



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         1       unfortunately find ourselves in a situation

         2       where we're going to have to make them for

         3       you.

         4                  So, Mr. President, with that little

         5       reminder of history, with that little reminder

         6       of our system of government, and with that

         7       little reminder of our efforts to try and

         8       mitigate the prison closures, I would merely

         9       echo the comments of Senator DeFrancisco and

        10       Senator Nozzolio and certainly will be

        11       supporting this measure.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Adams.

        14                  SENATOR ADAMS:    Thank you,

        15       Mr. President.  I just want to respond in an

        16       uncharacteristically calm way to --

        17                  ACTING PRESIDENT GRIFFO:    That is

        18       greatly appreciated, Senator.

        19                  SENATOR ADAMS:    -- to some of the

        20       comments that were made.  And I think that to

        21       allow them to stay out there would be

        22       incorrect.

        23                  First of all, the prison population

        24       did not decrease based on Rockefeller Drug

        25       Laws.  It decreased because men and women



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         1       throughout the state that adorn law

         2       enforcement uniforms, which I happen to have

         3       been one of them, was resilient and dedicated

         4       to protecting the people of this state.  It

         5       started long before two years ago, the

         6       decrease in crime that permitted our prison

         7       population to decrease.

         8                  So anyone that states that prison

         9       population decreases merely because of the

        10       Rockefeller fair drug laws is incorrect.

        11                  The second thing that needs to be

        12       important to mention, we did not do soft

        13       crimes that cause crimes to escalate in other

        14       parts of the state.  New York State has become

        15       one of the safest states in the nation because

        16       of correct law enforcement policies.  And

        17       that's commendable for the entire State of

        18       New York.

        19                  And I don't believe my colleague

        20       Senator Ruth Hassell-Thompson or even Senator

        21       Diaz, Ruben Diaz -- they were merely making a

        22       point that I've heard several times on this

        23       floor.  The goal in our state is not an

        24       on-time budget, it's a right budget.  And if

        25       it means we need to be late in doing so to



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         1       ensure that we're not harming the lives of

         2       New Yorkers, then we have to do so.

         3                  This is not a race, a 50-yard dash.

         4       This is a marathon.  Because the people of

         5       this state expect for us to deliberate,

         6       debate, argue, and come up with the right

         7       budget.  I heard on this floor today we would

         8       have done better in education but we ran out

         9       of time.  What time?  I don't know what clock

        10       we're going by.  I'm going by the clock that

        11       states when we get it right, we leave here.

        12                  So I'm proud that last year it took

        13       us longer.  I'm proud that last year we went

        14       beyond the designated time.  I'm proud that we

        15       were resilient enough to say we're going to

        16       get it right, because we've got to make tough

        17       decisions that's going to impact people and

        18       we're going to stay here until we get it

        19       right.

        20                  Those who want to just go after an

        21       April 1st deadline, that is not why I came to

        22       Albany.  I came to Albany that when I make

        23       decisions that's going to take funding from

        24       public schools, when I make decisions that's

        25       going to take funding from CUNY and SUNY, when



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         1       I make decisions that's going to close senior

         2       citizen centers, when I make decisions that's

         3       going to state that the people who are

         4       dependent on us needs to know that we made the

         5       right decision, I want to go back to my

         6       district in good conscience to state that if I

         7       have to stay up here longer, if I have to stay

         8       through the weekend, if I have to stay into

         9       the month of April and May, I'm willing to do

        10       so.

        11                  I'm not on a clock.  I want to make

        12       sure that we do what is right for the people

        13       of my district, because that's what the 20th

        14       Senatorial District sent me here for.  When I

        15       go back to them, they don't want to know,

        16       Eric, did you finish by April 1st?  They want

        17       to know:  Eric, did you do the right thing?

        18                  So we did not cause the dismantling

        19       of our prison system.  We did the right thing

        20       by having the right laws, and we have the best

        21       law enforcement officers in the entire country

        22       that did the right thing to prevent crimes in

        23       the State of New York.

        24                  So I want the record to be clear,

        25       because anyone who stated that Rockefeller



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         1       Drug Law emptied the prisons, that is not

         2       true.  That is inaccurate and that is not what

         3       took place.

         4                  Thank you, Mr. President.

         5                  ACTING PRESIDENT GRIFFO:    Thank

         6       you, Senator Adams.

         7                  Senator Breslin.

         8                  SENATOR BRESLIN:    Thank you,

         9       Mr. President.

        10                  At the risk of extending what is

        11       already a very long night, I stand to salute

        12       my fellow Democrats for the passion that they

        13       have exhibited, a passion that comes -- and I

        14       salute the majority side for their passion as

        15       well.  I salute our side because we represent

        16       everyone -- upstate, downstate, black, white,

        17       men, women -- and we are in suffering

        18       districts that are losing money for schools.

        19       And we are, as Senator Adams said, senior

        20       citizen centers being affected.  We are, as

        21       Senator Ruth Hassell-Thompson and Senator Diaz

        22       said, wondering where those 3700 beds are

        23       going to come from for many prisoners or many

        24       prisons that are located so far away from the

        25       families of the defendants.



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         1                  So there are many, many issues that

         2       confront us.  But at the same time we look at

         3       a $10 billion deficit, other states looking at

         4       us and seeing how we're going to cure it, and

         5       we do have a budget that's been presented that

         6       has no borrowing and no taxes.  And we can

         7       argue whether that's right or wrong, but we

         8       are approaching an on-time budget and we're

         9       approaching an on-time budget where this

        10       Governor, a Governor of our own party, will be

        11       given a great deal of confidence from all of

        12       us to make decisions that really at times

        13       we've made in the past, including which

        14       prisons will be closed.

        15                  I for one have confidence that

        16       those decisions will be made in the best

        17       interests of the people sitting here and the

        18       best interests of the families of those people

        19       across the state.  Can I guarantee it to

        20       anyone?  No.  Do I have trust?  And maybe that

        21       trust is misplaced, but I do have that trust.

        22                  And I think it's about time that we

        23       do begin to create a trust in ourselves, a

        24       trust in others who are elected officials,

        25       including the Governor, so that we can turn



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         1       this state around.  And turn this state around

         2       not in bickering back and forth, but trusting

         3       in what we do to make this state a lot better.

         4       And without that trust, we fall apart.  We

         5       fall apart as a state.

         6                  And I believe and trust in my

         7       Democratic conference, that with our passion

         8       and with our trust we can help turn this state

         9       around.  And accordingly, I vote aye.

        10                  ACTING PRESIDENT GRIFFO:    Thank

        11       you, Senator Breslin.

        12                  Senator Parker on the bill.

        13                  SENATOR PARKER:    Thank you,

        14       Mr. President.  On the bill.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Parker on the bill.

        17                  SENATOR PARKER:    I actually

        18       intend, despite my displeasure with large

        19       parts of this budget, to actually vote yes on

        20       this budget and -- on parts of it at least.

        21       And the part we're voting on at this moment

        22       I'm going to vote yes on.

        23                  But, you know, this is not a good

        24       budget, Mr. President.  It's not a good budget

        25       year.  I know we all understand that.  What



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         1       there is some disagreement about in this

         2       chamber is how we got there.  I initially got

         3       on the list to speak because I wasn't happy

         4       with some of the comments that were being

         5       made.  But this is really not a time to assign

         6       blame.  This is really a time to start looking

         7       and figuring out how we can work together on

         8       solutions.

         9                  There's no one in here who wants to

        10       see teachers fired or schools closed.  We all

        11       would like to see us be able to afford to do

        12       different things with education.  We would

        13       like to see -- I know especially my colleague

        14       Senator McDonald, and the work he does around

        15       autism and people with disabilities -- would

        16       like to see that budget restored in full, in

        17       fact increased, because we really can't do

        18       enough to protect people in our communities,

        19       in all of our communities, with things like

        20       autism and other kinds of disabilities.

        21                  But we can't do those things now.

        22       And we've decided to go down a course and the

        23       budget is closed out and we're now taking

        24       votes on that budget.  But we should be clear

        25       about what our values are and the things that



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         1       we care about.  That I know, from my

         2       conversations with everybody in this room,

         3       that everybody here cares about their

         4       families.  They care about the children in

         5       their communities and their constituents.

         6       That we all want to see a state that educates

         7       every single child beyond just a regular

         8       level, but that we fully educate people so

         9       they can become full participants in our

        10       communities, so that the life chances of

        11       people in our community can be as bright for

        12       every single person from Buffalo to Brooklyn,

        13       from Bath, New York, to Brookhaven, Long

        14       Island.  And I think we're only going to get

        15       there if we continue to try to work through

        16       some of these things together.

        17                  I think that what we're doing this

        18       year I really disagree with.  And I am

        19       dismayed that we look like we are in fact

        20       balancing the budgets on people who need

        21       social services, we're balancing the budgets

        22       on the backs of children who are going to

        23       public schools across our districts, and at

        24       the same time giving a tax cut to the rich.

        25       In this budget we're going to be voting on,



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         1       we're going to be cutting the corporate taxes.

         2       We have restructured the Excelsior program

         3       such that we can give more tax breaks to large

         4       corporations, many of which haven't created a

         5       jobs since they've been in the program.  We

         6       are, you know, doing lots of things that are

         7       supposed to help us but I'm not convinced that

         8       those things in fact will get us there.

         9                  I do know that over the previous

        10       two years we spent a lot of time trying to

        11       right the wrongs that were done to many

        12       communities over the state.  And Rockefeller

        13       Drug Laws, whether people agree with them or

        14       not in this chamber, we can disagree about our

        15       perceptions, but we can't disagree about the

        16       facts.

        17                  And the facts of the matter are

        18       mandatory minimum sentences and the kinds of

        19       things we were doing vis-a-vis Rockefeller

        20       Drug Laws did not work in this state.  They

        21       have not worked in the states across this

        22       country.  They have not worked on the federal

        23       level.  Which is why there are in fact federal

        24       proposals to get rid of mandatory minimums and

        25       get rid of the laws that look like Rockefeller



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         1       Drug Laws in this state.

         2                  We have for such a long time in

         3       this state made a bad economic decision in how

         4       we structure economic development.  And we've

         5       done it from a top-down perspective, and we're

         6       going to continue to do that in this budget.

         7       But I'm hoping that as we go forward that we

         8       really look at how jobs are created.  But

         9       right now, as much as we talk about job

        10       creation, we have in this body -- and it's my

        11       fault as much as anybody else's in the

        12       Legislature -- that we have not developed a

        13       small business program.

        14                  When we look at how jobs are

        15       created in this country, you know, 70 percent

        16       of all jobs that are created are in small

        17       businesses.  Right?  Those are businesses

        18       defined by, you know, employers who employ a

        19       hundred or less people.  And then of that

        20       70 percent, about 50 percent are actually

        21       employed in mom-and-pop shops, which are

        22       defined by employers who employ 25 or less

        23       people.

        24                  And we haven't done anything in

        25       this budget to help those people.  And those



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         1       are the people we need to put back to work.

         2       We need to give those folks full-time jobs at

         3       a living wage with benefits so that they can

         4       in fact take care of their families.  Because

         5       that's all everybody wants to do.  And so that

         6       they can in fact contribute to our tax base so

         7       that we can in fact help those people take

         8       care of those who can't take care of

         9       themselves.  That's what our role is here in

        10       government.

        11                  And so as we go forward with just

        12       this debate tonight and the rest of the debate

        13       over the next couple of days, I hope that we

        14       in our conversations discuss the

        15       controversies, that we look at the places in

        16       which there is in fact conflict and try to

        17       figure out how we work by those things.  But

        18       remember to keep our eyes on the prize and

        19       work on our collective values of providing

        20       full-time jobs at a living wage with benefits

        21       for our communities, for educating every

        22       child, making sure that people with

        23       disabilities in fact have the same kind of

        24       opportunities as those who are supposedly

        25       fully functioning in our communities, and to



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         1       make sure that we have a healthcare system

         2       that's both affordable and accessible to

         3       everybody who needs it.  Because there's only

         4       two kinds of people in the world, people in

         5       hospitals right now and people who are going

         6       to need hospitals at some point in their

         7       lives.

         8                  And so this is not at all what I

         9       got up to say, but I'm hoping that as we go

        10       forward that -- we're stuck with this budget.

        11       We're stuck with it at this point -- but that

        12       next year that we get to a place where we're

        13       really doing some meaningful things in this

        14       budget, in a bipartisan way, that our

        15       conversations will lead us to a place where

        16       everybody can get taken care of.

        17                  Because I honestly believe there's

        18       enough resources even in a reduced $132.75

        19       billion budget.  If you divide that, you know,

        20       by 20 million, there's enough resources in the

        21       State of New York to make sure that every man,

        22       woman and child has the resources that they

        23       need so they can achieve their life chances.

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Montgomery.



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         1                  SENATOR MONTGOMERY:    Yes, thank

         2       you, Mr. President.

         3                  I won't let this moment pass

         4       without this historical statement that I'm

         5       going to make.  And that is I want to say that

         6       for the first time in my life I agree with

         7       some of Senator Nozzolio's sentiments.

         8                  (Laughter.)

         9                  SENATOR MONTGOMERY:    So I could

        10       not -- I could not let that moment go.

        11                  I do -- I have said to, you know,

        12       people that I speak to that one of the dark

        13       secrets of our state is that we have built

        14       this economy based on a growing, extensive

        15       prison system.  And it's costed us

        16       extremely -- a lot of resources, both human

        17       resources as well as financial.  And in fact I

        18       think that the largest manufacturing system in

        19       our state may be in that prison system.

        20                  So this is quite shameful.  And of

        21       course we have been addicted by it because

        22       it's pretty easy.  Between us here, the bills

        23       we pass gets passed down, and then communities

        24       like mine ship these people up.  And

        25       everybody's happy.  And we've lived with that.



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         1                  But finally our Governor has said

         2       that is immoral.  And I am so proud of him for

         3       making that statement.  It was time for a

         4       Governor to make that statement.  Because a

         5       lot of us have been in the wilderness talking

         6       about it, but he is in a position to change

         7       how we do business in our state.  And I'm

         8       happy that he's willing to do that.

         9                  And I just want to say that I am

        10       proud of the Republicans who did agree to take

        11       this very painful piece and negotiate it.

        12       Because closing a prison for you is like

        13       closing a hospital for me.  That's the same

        14       problem.  We have it on both sides of the

        15       aisle.  And we all have to make those painful

        16       decisions.

        17                  So I'm not going to complain.  I --

        18       in fact, I complain about you all the time.

        19                  (Laughter.)

        20                  SENATOR MONTGOMERY:    Every day.

        21       But at this moment I am only going to

        22       compliment the Republican Party for standing

        23       up to say we agree with the Governor, we must

        24       move away from this system of this massive

        25       incarceration program of a certain part of our



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         1       population in order to employ another part of

         2       the population.

         3                  We all agree that was wrong.  We

         4       were just addicted to it.  We couldn't give it

         5       up.  But with the Governor's help, we're

         6       moving away from that.  And I applaud that.  I

         7       just want my people and I want you to know

         8       that's how I feel.  Notwithstanding whatever

         9       else you've heard, let's do this.

        10                  And the Governor has offered to

        11       help us do it.  He's offered to figure out a

        12       way to repay those areas and help us move to

        13       another system of an economic engine.  And

        14       that's what's going to keep our young people

        15       in the parts of the state like Buffalo and

        16       like Watertown and Senator Little's district.

        17       I want to see some young people who want to

        18       stay there and not have to choose between

        19       leaving and working for 30 years in a prison.

        20                  So I'm very happy that we're moving

        21       in the right direction, and definitely I am

        22       voting for this bill.  So I'll be voting aye.

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Krueger.

        25                  SENATOR KRUEGER:    Thank you,



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         1       Mr. President.

         2                  Well, clearly passions run high.

         3       We're all upset.  We all know we need to get a

         4       budget done.  We all know there's a

         5       $10 billion deficit.  We all know there will

         6       be large cuts on many, many parts of the

         7       budget that we each care about.  And sometimes

         8       passions run high and people might say the

         9       wrong thing.  But I did want to make sure

        10       before we close that we set the record

        11       straight on a few things that were said.

        12                  I want to thank Senator Adams for

        13       getting up and clarifying the reality that

        14       prisoner reduction is not due to what we did

        15       with Rockefeller Drug Law.  It's simply not

        16       the fact.  And it's also true that there are

        17       reasons why the crime rate is going down,

        18       because of very hard work by our police and in

        19       our communities.  And that is a win/win for us

        20       all.

        21                  There was also some aspersions

        22       thrown at when we, the Democrats, controlled

        23       the Senate for two years out of, oh, most of

        24       the last century.  The budget increased a

        25       hundred percent, $60 billion to $120 billion



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         1       between 1996 and 2008 when we had a Republican

         2       Senate and a Republican Governor.  Our debt

         3       doubled during that time period from

         4       $25 billion to $52 billion.  Between '89 and

         5       2008, this house, under Republican control,

         6       voted to raise taxes by $131 billion.  And the

         7       budget was late, 1999 to 2006, by 819 days.

         8                  So we all can share blame.  And we

         9       all have to take responsibility for getting it

        10       right now and dealing with the tough issues.

        11       But to make statements on the record of the

        12       Senate without making sure that they are

        13       clarified, for the facts to be written into

        14       the record of this wonderful institution, is

        15       that this was not something because of this

        16       side for two years or that side for 92 years.

        17                  (Laughter.)

        18                  SENATOR KRUEGER:    We all have

        19       responsibility to bear.  And we need to move

        20       forward.

        21                  And I think that some of my

        22       colleagues were passionate about their anger

        23       about some of the cuts in this budget on both

        24       sides of the aisle.  And that's real.  And

        25       whoever told us that watching the sausage



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         1       being made was all nice and easy and pretty?

         2       It's not.  We're watching, we are making the

         3       sausage here tonight.  And it's not pretty.

         4       But it's going to get done in a reasonable

         5       period of time.

         6                  And I agree with my colleagues it

         7       won't be the best budget we could have done,

         8       and it's not going to be a good budget for

         9       many people in many of our communities.  But

        10       we have to go forward and we have to go

        11       forward with civility on both sides of the

        12       aisle.

        13                  And despite the fact that I have

        14       major problems with much of the budget, I also

        15       tonight will be voting yes on this bill and

        16       believe that we will be passing it soon.

        17                  Thank you, Mr. President.

        18                  ACTING PRESIDENT GRIFFO:    Seeing

        19       no other Senator wishing to be heard, debate

        20       is closed and the Secretary will ring the

        21       bell.

        22                  SENATOR SKELOS:    Mr. President.

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Skelos.

        25                  SENATOR SKELOS:    If I could just



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         1       mention that I think it's totally

         2       inappropriate for anybody, including members

         3       and nonmembers, to be taking pictures in this

         4       chamber when on the floor.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       point is well-taken, Senator Skelos, and I

         7       would ask the Sergeant-at-Arms to please

         8       comply with all the rules of the chamber.

         9                  Technically, electronic devices are

        10       not to be used in the chamber, by rules of the

        11       Senate.  And there should be no one taking

        12       pictures in this chamber.  So I would again

        13       ask the Sergeant-at-Arms to please be aware

        14       and to enforce the rules of the Senate.

        15                  SENATOR LIBOUS:    Mr. President,

        16       you mean with the exception of the Senate

        17       photographers, of course.

        18                  (Laughter.)

        19                  ACTING PRESIDENT GRIFFO:    With

        20       the exception of the Senate photographers.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT GRIFFO:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT GRIFFO:    Senator

         3       Robach to explain his vote.

         4                  SENATOR ROBACH:    Yes,

         5       Mr. President, very briefly.

         6                  I'm going to support this.  And

         7       while I would agree with many of the

         8       colleagues' comments on this not being

         9       perfect, it is certainly a responsible step

        10       and one we have to take.

        11                  I could say that I'm happy that

        12       we're here three days before the budget

        13       deadline getting this done, because I do think

        14       transparency and timeliness are important.  I

        15       could not disagree more with the comments made

        16       that the timeliness of the budget --

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Robach, excuse me.

        19                  Can I have order in the chamber.

        20       We have a member speaking, please.

        21                  Senator Robach.

        22                  SENATOR ROBACH:    I couldn't

        23       disagree more with the comments that the

        24       timeliness of the budget doesn't matter.  If

        25       you want to put content or perfection on



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         1       anything, we'd never get anything done in this

         2       chamber.

         3                  And when you talk about protecting

         4       the law or abiding by the law, it is the

         5       Constitution of the State of New York which

         6       says we should have the budget done on

         7       April 1st.  Which you're right, we can all

         8       take some concern with we haven't for a long

         9       time.  But we should.  People that go to work

        10       every day have to show up on time, get their

        11       duties done.  We should too.  We owe that to

        12       the people of New York.  So I'm happy for that

        13       part.

        14                  And then also, while there's many

        15       challenges and things I would have

        16       differently, I think it's very important that

        17       everybody understands in this process that

        18       there's been an exodus of people in upstate

        19       New York, where I live, the census data came

        20       out, because we have overtaxed, overspent,

        21       driven business out.  And no matter how hard,

        22       we need to move in a different direction.

        23                  This budget does that.  People

        24       talked about hopefully we can do something

        25       down the road.  In order to do something down



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         1       the road, you have to make changes today to

         2       accommodate that.  We can no longer stick our

         3       head in the sand, kick the can down the road,

         4       so to speak, or do that.  That's been done far

         5       too long.

         6                  So I applaud the Governor, the

         7       people that worked very hard on both sides of

         8       the aisle in the conference committees to get

         9       this done and start the process.  And I think

        10       this will send a message for the first time in

        11       a long time to people all across the state,

        12       but especially the ones that I have the

        13       privilege to represent, to say we hear you.

        14       We're not spending more money than we have.

        15       We, like you, in our household budgets are

        16       making some tough decisions, just like you

        17       have to in your budget to get this done.

        18                  I know I'm over my two minutes, but

        19       I do think this is important.  And I really do

        20       think that this is the right thing in the

        21       right direction.  It's something we need at

        22       this time.  Thank you, Mr. President.

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Robach to be recorded in the affirmative.

        25                  Senator Libous to explain his vote.



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         1                  SENATOR LIBOUS:    Senator Libous

         2       wants to say is there any further business.

         3                  ACTING PRESIDENT GRIFFO:    Is

         4       there anybody else wishing to speak?

         5                  Announce the results.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 281, those recorded in the

         8       negative are Senators Diaz and Duane.

         9                  Absent from voting:  Senator C.

        10       Kruger and Senator Perkins.

        11                  Ayes, 58.  Nays, 2.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  Senator Libous.

        15                  SENATOR LIBOUS:    Mr. President,

        16       is there any further business at the desk?

        17                  ACTING PRESIDENT GRIFFO:    There

        18       is no further business before the desk.

        19                  SENATOR LIBOUS:    All right, I

        20       have an announcement.  The Republicans will

        21       conference at 9:30 tomorrow morning.

        22                  Mr. President, there being no

        23       further business before the Senate this

        24       evening, I move that we adjourn until

        25       10:00 a.m. on Wednesday.



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         1                  ACTING PRESIDENT GRIFFO:    The

         2       Republican conference will conference at

         3       9:30 a.m.  And there being no further business

         4       before the Senate, the Senate stands adjourned

         5       until tomorrow, Wednesday, at 10:00 a.m.

         6                  SENATOR LIBOUS:    Mr. President,

         7       I'm sorry, would you please call on Senator

         8       Hassell-Thompson for an announcement.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Hassell-Thompson for an announcement.

        11                  SENATOR HASSELL-THOMPSON:    Thank

        12       you, Mr. President.  There will be a

        13       Democratic conference at 9:00 a.m. tomorrow

        14       morning.

        15                  ACTING PRESIDENT GRIFFO:    There

        16       will be a Democrat conference in the Democrat

        17       Conference Room at 9:00 a.m. tomorrow morning.

        18                  And there being no further business

        19       to come before the Senate, on motion, the

        20       Senate stands adjourned until Wednesday,

        21       March 30th, at 10:00 a.m.

        22                  (Whereupon, at 10:24 p.m., the

        23       Senate adjourned.)

        24

        25



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