Regular Session - March 13, 2014

                                                                   702

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 13, 2014

11                     11:32 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH ROBACH, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               703

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

 2                ACTING PRESIDENT ROBACH:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT ROBACH:   In the 

 9   absence of clergy, may we all bow our heads in a 

10   moment of silence.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT ROBACH:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, 

16   Wednesday, March 12th, the Senate met pursuant to 

17   adjournment.  The Journal of Tuesday, March 11th, 

18   was read and approved.  On motion, Senate 

19   adjourned.

20                ACTING PRESIDENT ROBACH:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                Messages from the Governor.

25                Reports of standing committees.


                                                               704

 1                Reports of select committees.

 2                Communications and reports from 

 3   state officers.

 4                Motions and resolutions.

 5                Senator Libous.

 6                SENATOR LIBOUS:   Thank you, 

 7   Mr. President.  

 8                At this time I would like to move to 

 9   adopt the Resolution Calendar, with the exception 

10   of Resolution 3964.

11                ACTING PRESIDENT ROBACH:   All in 

12   favor of adopting the Resolution Calendar, with 

13   the exception of Resolution 3964, signify by 

14   saying aye.

15                (Response of "Aye.")

16                ACTING PRESIDENT ROBACH:   Opposed, 

17   nay.

18                (No response.)

19                ACTING PRESIDENT ROBACH:   The 

20   Resolution Calendar is adopted.

21                Senator Libous.

22                SENATOR LIBOUS:   Thank you, 

23   Mr. President.  

24                At this time, Mr. President, I 

25   believe there's a previously adopted resolution 


                                                               705

 1   by Senator Tkaczyk.  It is Number 3871.  I 

 2   believe it's at the desk.  Could we have it read 

 3   in its entirety and call on Senator Tkaczyk to 

 4   make some comments.

 5                ACTING PRESIDENT ROBACH:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Legislative 

 8   Resolution 3871, by Senator Tkaczyk, 

 9   memorializing Governor Andrew M. Cuomo to 

10   proclaim March 13, 2014, as K9 Veterans 

11   Appreciation Day in the State of New York.  

12                "WHEREAS, This Legislative Body is 

13   pleased to have this opportunity to recognize all 

14   the working military dogs, past and present, that 

15   have served our nation; and 

16                "WHEREAS, It is the sense of this  

17   Legislative Body to memorialize Governor Andrew 

18   M. Cuomo to proclaim March 13, 2014, as 

19   K9 Veterans Appreciation Day in the State of 

20   New York; and 

21                "WHEREAS, During World War I, dogs 

22   were used for the dangerous job of carrying 

23   messages throughout the vast network of trenches, 

24   as well as to provide comfort to our soldiers; 

25   and 


                                                               706

 1                "WHEREAS, In January of 1942, Dogs 

 2   for Defense was established by members of the 

 3   American Kennel Club; this vital organization 

 4   trained dogs for coastal sentry duty for the 

 5   United States Army; and 

 6                "WHEREAS, On March 13, 1942, the 

 7   K9 Corps was established within the Quartermaster 

 8   Corps to train dogs and handlers for use as 

 9   sentry dogs, scout or patrol dogs, messenger 

10   dogs, and mine dogs; and 

11                "WHEREAS, An estimated 1,500 

12   military working dogs were utilized by the United 

13   States Army during the Korean War, 4,000 during 

14   the Vietnam War, and over 500 dog teams have been 

15   deployed to Iraq and Afghanistan; and 

16                "WHEREAS, Other branches of the 

17   United States military, including the Marine 

18   Corps, Navy, Coast Guard, and Air Force, have 

19   also used military working dogs to assist in 

20   their operations; and 

21                "WHEREAS, Military working dogs and 

22   their handlers have been trained to provide a 

23   variety of functions including explosive 

24   detection, search and rescue, scout, patrol, 

25   sentry, and messenger, as well as to subdue the 


                                                               707

 1   enemy; and 

 2                "WHEREAS, Over the years, military 

 3   working dogs have helped to save countless lives 

 4   of both American soldiers and civilians; and 

 5                "WHEREAS, In addition, many 

 6   residents of the State of New York are involved  

 7   in activities to assist in United States military 

 8   working dog programs; and 

 9                "WHEREAS, It is well-known that 

10   K9 dogs are loyal, loving, and devoted, and they 

11   have knowingly placed themselves in harm's way, 

12   often making the ultimate sacrifice by laying 

13   down their lives for their partners; and 

14                "WHEREAS, It is appropriate for this 

15   Legislative Body to commend these dogs and to 

16   recognize their contributions by observing 

17   K9 Veterans Day, honoring the past and present 

18   canines for their valuable service and  

19   protection; they truly deserve to be remembered 

20   by all the citizens of this great Empire State; 

21   now, therefore, be it 

22                "RESOLVED, That this Legislative 

23   Body pause in its deliberations to memorialize 

24   Governor Andrew M. Cuomo to proclaim March 13, 

25   2014, as K9 Veterans Appreciation Day in the 


                                                               708

 1   State of New York; and be it further 

 2                "RESOLVED, That a copy of this 

 3   resolution, suitably engrossed, be transmitted to 

 4   the Honorable Andrew M. Cuomo, Governor of the  

 5   State of New York."

 6                ACTING PRESIDENT ROBACH:   Senator 

 7   Tkaczyk on the resolution.

 8                SENATOR TKACZYK:   Thank you, 

 9   Mr. President.

10                Today marks the 72nd anniversary of 

11   the creation of the K9 Corps.  I think it's very 

12   fitting that we ask Governor Cuomo to proclaim 

13   this date, March 13th, as K9 Veterans 

14   Appreciation Day in the State of New York.

15                I have to acknowledge, though, today 

16   is also a very sad day, because it was one year 

17   ago today that a deranged gunman killed four 

18   people and wounded two in Herkimer County.  In 

19   the standoff with the gunman, an FBI dog named 

20   Ape was killed.

21                Ape's partner and handler said, "Ape 

22   was doing what he was trained to do and made the 

23   ultimate sacrifice for his team.  His actions 

24   were heroic and prevented his teammates from 

25   being seriously wounded or killed."


                                                               709

 1                Ape's fearless sacrifice is not 

 2   unusual for K9 units.  There are countless 

 3   stories about military and police dogs knowingly 

 4   putting themselves in the line of fire to protect 

 5   their human partners.

 6                I am joined today by several police 

 7   and service dogs and trainers and handlers who 

 8   know firsthand the devotion, bravery and loyalty 

 9   demonstrated by their K9 units, and they are all 

10   strong supporters of recognizing K9 Veterans Day.

11                Their dogs are patiently waiting in 

12   the lobby outside the gallery, where we will be 

13   holding a press conference after session.  

14                But joining us here in the gallery 

15   today are Pam Burns, who together with her dog, 

16   Brick, helps to train dogs to ensure that they 

17   are ready for homeland security duties.  Pam is a 

18   member of the Albany Obedience Club, Albany 

19   Kennel Club, the Liberty Working Dog Club, the 

20   Doberman Pinscher Club of America, and the United 

21   Doberman Club.  She is a long-time advocate of 

22   creating a K9 Veterans Day.  

23                We also have Linda Delong, who is 

24   the certified trainer of Brandi, a therapy dog.  

25   Linda and Brandi do amazing volunteer work in the 


                                                               710

 1   community, working with children with special 

 2   needs and visiting patients at Albany Med.

 3                I especially want to thank the 

 4   members of law enforcement who are joining us 

 5   today:  

 6                State Police Investigator Bruce 

 7   McWatters, who trained dogs in the Air Force and 

 8   has taught classes on how to investigate animal 

 9   cruelty cases.  

10                Albany County Deputy Sheriff Joseph 

11   Martel, who's here, and whose dog Mo will be 

12   joining us.  

13                Albany County Deputy Sheriff Patrick 

14   Strollo and his dog George are here.  

15                Montgomery County Deputy Sheriff 

16   Jason Nare and his dog Gaj.  Gaj's name is 

17   spelled G-A-J, which stands for Gary A. Johnson, 

18   a Montgomery County deputy sheriff who was killed 

19   in the line of duty in 1991.  

20                And also thanks to State Trooper 

21   Kevin Grogan and his dog, Raz.  Raz is trained in 

22   explosives detection and is a fundamental part of 

23   the security here at the Empire State Plaza.

24                I would also like to point out that 

25   I have sponsored legislation, S6163, that would 


                                                               711

 1   establish March 13th each year as K9 Veterans 

 2   Day.  And I thank Senator Marchione for joining 

 3   me on that legislation.  This bill is currently 

 4   before the Committee on Veterans, Homeland 

 5   Security and Military Affairs.  

 6                But since we haven't passed that 

 7   bill yet, I wanted to make a resolution today on 

 8   the floor and recognize this day as K9 Veterans 

 9   Appreciation Day here in New York.  

10                I'm hopeful my legislation will pass 

11   both houses and be signed into law by Governor 

12   Cuomo.  And I'll be holding a press conference 

13   after session, and you are all welcome to join me 

14   and meet the dogs who are represented here today.

15                But I want to ask everyone to please 

16   join me in welcoming our visitors to the Senate 

17   in recognition of this resolution.

18                ACTING PRESIDENT ROBACH:   On behalf 

19   of Senator Tkaczyk and all of us here in the 

20   Senate, thank you for the important work you do.  

21                And we welcome you to the chamber 

22   for this important resolution, which was adopted 

23   on March 11th.

24                (Standing ovation.)

25                ACTING PRESIDENT ROBACH:   Senator 


                                                               712

 1   Libous.

 2                SENATOR LIBOUS:   Mr. President, 

 3   there's a resolution by Senator Hassell-Thompson, 

 4   Number 3964.  I believe it is at the desk.  I ask 

 5   that the title be read and, before we move for 

 6   its adoption, I believe that Senator 

 7   Hassell-Thompson would like to speak on the 

 8   resolution.

 9                ACTING PRESIDENT ROBACH:   The 

10   Secretary will read.

11                THE SECRETARY:   Legislative 

12   Resolution Number 3964, by Senator 

13   Hassell-Thompson, memorializing Governor Andrew 

14   M. Cuomo to proclaim Monday, March 10, 2014, as 

15   Harriet Tubman Day in the State of New York.

16                ACTING PRESIDENT ROBACH:   Senator 

17   Hassell-Thompson on the resolution.

18                SENATOR HASSELL-THOMPSON:   Thank 

19   you, Mr. President.

20                I rise to recognize Harriet Ross 

21   Tubman for her resourceful efforts in bringing 

22   countless African-American slaves out of bondage.  

23                I have tried, in the 14 years that 

24   I've been here, to get a national holiday 

25   recognizing Harriet Tubman but have not been 


                                                               713

 1   successful.  So each year around the date of her 

 2   death -- because there were no records kept of 

 3   slaves, we don't know the date of her birth.  But 

 4   we know that at the time that she died she was at 

 5   least 93 years old.  And so I believe that it is 

 6   important to ensure that this historical legacy 

 7   that she has established will never be forgotten 

 8   and that we celebrate her life each year and her 

 9   achievements through New York State.  

10                Harriet Tubman is an inspiration to 

11   many people.  Her actions and life embodied the 

12   true essence of service, spirit and strength.  

13   Because of her spirit, countless slaves were 

14   given hope.  And through her strength and 

15   conviction, she was compelled to risk her own 

16   freedom for the freedom of others.  Her 

17   dedication and commitment to the numerous slaves 

18   held in bondage have proven her to be the epitome 

19   of I believe true leadership.  

20                She was born on the Eastern Shore of 

21   Maryland around 1820 on a plantation in 

22   Dorchester County and escaped from slavery in 

23   1849.  Upon gaining her freedom, she initially 

24   settled in Philadelphia, where she met William 

25   Still, the Philadelphia "stationmaster" of the 


                                                               714

 1   Underground Railroad, who, along with the 

 2   Philadelphia Anti-Slave Society, introduced 

 3   Harriet Tubman to the inner workings of the 

 4   Underground Railroad.  

 5                In 1850, Harriet Tubman became a 

 6   conductor on this railroad and eventually became 

 7   the most influential of all the conductors by 

 8   returning to the South 19 times, through this 

 9   railroad, to free slaves.  Over 300 were saved by 

10   her work.

11                Harriet Tubman claimed that she 

12   never ran her train off the track and never lost 

13   a passenger, thereby gaining the title of the 

14   "Black Moses of Her People."  

15                In 1851, Ms. Tubman relocated 

16   members of her family to North Street in 

17   St. Catherines in Ontario, Canada, which became 

18   her headquarters until 1857.  

19                In the mid-1850s, she made the 

20   acquaintance of the United States Senator, 

21   Secretary of State, and former New York State 

22   Governor William Seward and his wife, Frances, in 

23   Auburn, New York.  The Sewards provided a home 

24   for her, which she later purchased and used as 

25   her new base of operation.  


                                                               715

 1                And when the Civil War began, 

 2   Harriet Tubman worked as a cook in the Union Army 

 3   in South Carolina and served as a nurse, a scout 

 4   for raiding parties, and sometimes a spy behind 

 5   Confederate lines.  

 6                After the close of the Civil War, 

 7   Ms. Tubman returned to Auburn and made it her 

 8   permanent home.  There she joined the African 

 9   Methodist Episcopal Zion Church, becoming a 

10   devoted and active member.  In 1903 she 

11   transferred ownership of her property to the 

12   A.M.E. Zion Church, and after her death the 

13   church developed and managed her home and the 

14   adjacent property to sustain the memory of her 

15   sacrifices for her people.

16                The Harriet Tubman home and property 

17   are both currently registered as National 

18   Historic Landmarks in Auburn, and the site is 

19   part of the National Parks Service Freedom Trail 

20   in honor of her life and struggles.  

21                On March 10, 1913, Harriet Tubman 

22   died and was buried in Fort Hill Cemetery in 

23   Auburn, where she received full military honors 

24   at her funeral.  

25                As the recipient of two Harriet 


                                                               716

 1   Tubman Awards, I stand before you today with a 

 2   grandmother who was born in slavery and say to 

 3   you that I will always revere and persevere to 

 4   make this country recognize Harriet Tubman for 

 5   the hero that she was.  

 6                Thank you.

 7                ACTING PRESIDENT ROBACH:   Thank 

 8   you, Senator Hassell-Thompson.

 9                Are there any other members wishing 

10   to be heard on the resolution?  

11                If none, the question is on the 

12   resolution.  All those in favor signify by saying 

13   aye.

14                (Response of "Aye.")

15                ACTING PRESIDENT ROBACH:   Opposed, 

16   nay.

17                (No response.)

18                ACTING PRESIDENT ROBACH:   The 

19   resolution is adopted.

20                Senator Libous.

21                SENATOR LIBOUS:   Thank you, 

22   Mr. President.  

23                And I believe there is another 

24   previously adopted resolution by Senator 

25   Montgomery.  I believe it's Number 3331, and it's 


                                                               717

 1   at the desk.  Could we please have the title read 

 2   and call on Senator Montgomery.

 3                ACTING PRESIDENT ROBACH:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Legislative 

 6   Resolution 3331, by Senator Montgomery, 

 7   commending Dorothy Stoneman upon the occasion of 

 8   being honored in conjunction with Women's History 

 9   Month 2014 in the State of New York.

10                ACTING PRESIDENT ROBACH:   Senator 

11   Montgomery on the resolution.

12                SENATOR MONTGOMERY:   Yes.  Thank 

13   you, Mr. President, for allowing me to honor 

14   another one of those phenomenal women in the 

15   State of New York.  

16                It is customary in this house that 

17   annually, especially during the month of March, 

18   which is designated as Women's History Month, 

19   women of every race, class and ethnic background 

20   who have made invaluable contributions to the 

21   growth and strength of New York State will be 

22   honored during the month.  So today I am pleased 

23   to rise to honor one of those women, 

24   Dorothy Stoneman.  

25                Dorothy Stoneman is the founder and 


                                                               718

 1   the CEO of YouthBuild USA, Incorporated, the 

 2   national support center for more than 273 

 3   YouthBuild programs in the United States.  And 

 4   she is the sponsor of YouthBuild International, 

 5   which has generated 102 YouthBuild programs in 

 6   14 other countries, including Mexico, 

 7   South Africa, Haiti and Israel.  

 8                YouthBuild USA is an innovative 

 9   nonprofit organization that provides education, 

10   counseling and job skills to unemployed young 

11   adults between the ages of 16 and 24.  The youth 

12   work on attaining high school diplomas or 

13   equivalency diplomas while learning job 

14   skills by building affordable housing or other 

15   tangible assets in their communities.  Hence, the 

16   organization emphasizes leadership development, 

17   community service, neighborhood uplift, and the 

18   creation of a positive community of adults and 

19   youth committed to each other's success.

20                I must say that Dorothy Stoneman 

21   founded this innovative organization 35 years ago 

22   in the community of East Harlem, where she 

23   identified the needs and wishes of young people 

24   that she worked with there and they came up with 

25   the model that she eventually incorporated into 


                                                               719

 1   YouthBuild.

 2                Dorothy Stoneman's abiding 

 3   commitment to building a better society began at 

 4   an early age for her.  She joined the Civil 

 5   Rights Movement in 1964 and worked on initiatives 

 6   to improve the quality of life in East Harlem for 

 7   many decades.  It was there that she established 

 8   the first YouthBuild program in 1978, working 

 9   with local teenagers, as I have said.

10                Dorothy Stoneman has received 

11   numerous honors for her outstanding efforts.  She 

12   is a recipient of the Harvard Call to Service 

13   Award, the Skoll Award for Social 

14   Entrepreneurship, the John Gardner Leadership 

15   Award, and a MacArthur "genius" Fellowship.  

16                And throughout the entire period of 

17   her service to her community, the State of 

18   New York and the nation, Dorothy Stoneman has 

19   stood constant in dignity, good grace and humor 

20   and has made an absolutely important contribution 

21   to especially young people and their communities 

22   in the State of New York.

23                So I am honored to recognize her, 

24   and I thank you for allowing her to be recognized 

25   in this chamber today in the month of March, 


                                                               720

 1   Women's History Month.

 2                Thank you, Mr. President.

 3                ACTING PRESIDENT ROBACH:   Thank 

 4   you, Senator Montgomery.

 5                And as the members are probably 

 6   aware, this resolution had previously been 

 7   adopted on February 4th of this year.

 8                Senator Libous.

 9                SENATOR LIBOUS:   Mr. President, at 

10   this time I would like to go to the reading of 

11   the noncontroversial calendar, if you would agree 

12   with that, sir.

13                ACTING PRESIDENT ROBACH:   Yes, 

14   indeed, we will go to the calendar.

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 72, 

17   by Senator Ritchie, Senate Print 6224, an act to 

18   amend the Public Authorities Law.

19                ACTING PRESIDENT ROBACH:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT ROBACH:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               721

 1                ACTING PRESIDENT ROBACH:   Announce 

 2   the results.

 3                THE SECRETARY:   Ayes, 55.

 4                ACTING PRESIDENT ROBACH:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   182, by Senator Martins, Senate Print 4057A, an 

 8   act to amend the General Business Law.

 9                ACTING PRESIDENT ROBACH:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT ROBACH:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT ROBACH:   Announce 

17   the results.

18                THE SECRETARY:   In relation to 

19   Calendar Number 182, those recorded in the 

20   negative are Senators Hassell-Thompson, Hoylman, 

21   Krueger, Montgomery and Perkins.  Also Senators 

22   Squadron and Sanders.  

23                Ayes, 48.  Nays, 7.

24                ACTING PRESIDENT ROBACH:   The bill 

25   is passed.


                                                               722

 1                THE SECRETARY:   Calendar Number 

 2   208, by Senator Skelos, Senate Print 1905, an act 

 3   to amend the Penal Law.

 4                ACTING PRESIDENT ROBACH:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 4.  This 

 7   act shall take effect on the first of November.

 8                ACTING PRESIDENT ROBACH:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT ROBACH:   Senator 

12   Squadron to explain his vote.

13                SENATOR SQUADRON:   Thank you.  To 

14   explain my vote, Mr. President.  

15                Under the bill that we discussed 

16   extensively in the Codes Committee, in fact, we 

17   kind of came to agreement that it was a bill that 

18   needed some amendment and work.  Unfortunately, 

19   that didn't happen.  It came right to the floor.  

20                It goes after a really important 

21   problem, and it's one that we're supportive of.  

22   It does it in a little bit of a wacky way, 

23   including the possibility that under this bill 

24   you could actually have a higher penalty for 

25   taking a car that has an older child than a 


                                                               723

 1   younger child in it, which is an error and I'm 

 2   sure not the sponsor's intent.  

 3                I'm going to vote yes, because 

 4   overall I think we need to go after this kind of 

 5   crime in a smart way.  I wish it were amended and 

 6   I wish that we were using the committee process 

 7   to improve the legislation that we saw on the 

 8   floor.  But I'll vote yes, Mr. President.  

 9                ACTING PRESIDENT ROBACH:   Thank 

10   you, Senator Squadron.  Your vote will be 

11   recorded in the affirmative.

12                Announce the results.

13                THE SECRETARY:   Ayes, 55.

14                ACTING PRESIDENT ROBACH:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   213, by Senator Robach, Senate Print 2510, an act 

18   to amend the Penal Law.

19                ACTING PRESIDENT ROBACH:   Read the 

20   last section.

21                THE SECRETARY:   Section 5.  This 

22   act shall take effect on the first of November.

23                ACTING PRESIDENT ROBACH:   Call the 

24   roll.

25                SENATOR HASSELL-THOMPSON:   Point of 


                                                               724

 1   order.

 2                ACTING PRESIDENT ROBACH:  Senator 

 3   Hassell-Thompson.

 4                SENATOR HASSELL-THOMPSON:  

 5   Mr. President, on the last vote the clerk did not 

 6   record the no vote of Senator Montgomery.

 7                ACTING PRESIDENT ROBACH:   Announce 

 8   the results again.

 9                THE SECRETARY:   In relation to 

10   Calendar Number 208, those recorded in the 

11   negative:  Senator Montgomery.  

12                Ayes, 54.

13                ACTING PRESIDENT ROBACH:   That bill 

14   again is passed.

15                Back to the calendar, let's start 

16   again.  We'll read the last section of Senate 

17   Print 2510, Calendar Number 213.

18                THE SECRETARY:   Section 5.  This 

19   act shall take effect on the first of November.

20                ACTING PRESIDENT ROBACH:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT ROBACH:   Announce 

24   the results.

25                THE SECRETARY:   Ayes, 55.


                                                               725

 1                ACTING PRESIDENT ROBACH:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   277, by Senator LaValle, Senate Print 2031A, an 

 5   act to amend the Education Law.

 6                ACTING PRESIDENT ROBACH:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT ROBACH:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT ROBACH:   Senator 

14   Hoylman to explain his vote.

15                SENATOR HOYLMAN:   Thank you, 

16   Mr. President.

17                I think that our friends in the 

18   other aisle may have some merits in this bill 

19   they propose.  But I think one of the main 

20   criticisms with the process that we just saw 

21   occur in the joint session was that parents and 

22   educators, it's argued, were cut out of the 

23   process.  

24                I think this bill doesn't address 

25   that concern.  In fact, by placing this bill in 


                                                               726

 1   the Rules Committee without a public hearing, 

 2   without incorporating the concerns of our parents 

 3   and educators, we basically repeated the same 

 4   mistake.  So Senators in glass houses should not 

 5   be throwing stones.  

 6                So I think, Mr. President, this 

 7   bill, notwithstanding the crazy quilt of 

 8   appointments that it provides, actually does not 

 9   address the concerns that my constituents have, 

10   parents and educators not being part of the 

11   Regents selection process.  

12                For that reason, Mr. President, I'm 

13   going to be voting no.

14                ACTING PRESIDENT ROBACH:   Senator 

15   Hoylman will be recorded in the negative.

16                Senator Hassell-Thompson.

17                SENATOR HASSELL-THOMPSON:   Thank 

18   you, Mr. President.  I too rise to vote no on 

19   this bill.  

20                Normally, Senator LaValle, I support 

21   a lot of the legislative initiatives, and I think 

22   your intent is good.  I think all of us have 

23   expressed real concerns about the process.  But I 

24   think that I, like Senator Hoylman, am very 

25   disturbed that this came directly through the 


                                                               727

 1   Rules Committee, never giving an opportunity for 

 2   us to have some discussion.  

 3                Earlier there was a bill that was 

 4   submitted talking about the need for a commission 

 5   where we could examine the process and then agree 

 6   upon something that made better sense.  So for 

 7   that reason, I must vote no.

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT ROBACH:   Senator 

10   Hassell-Thompson to be recorded in the negative.

11                Senator Krueger, did you want to 

12   speak on the bill?  

13                SENATOR KRUEGER:   Thank you very 

14   much, Mr. President.  I also rise to explain my 

15   vote.

16                So the other day we went through a 

17   Regents process that many of us had concerns 

18   about in this house, both aisles.  And then there 

19   was a series of bills that came out on Regents 

20   reform through the Rules Committee, and I have to 

21   say a number of them contradict each other.  

22                So this was actually the bill that I 

23   thought would be the least likely to come to the 

24   floor because it doesn't address how to improve 

25   the standards for who a Regent is, how to improve 


                                                               728

 1   the vetting process of evaluating whether someone 

 2   should be a Regent, how to determine whether 

 3   there is a better model in the 21st century than 

 4   the one created in 1812 when education was a much 

 5   less complicated set of issues, how to consider 

 6   whether there were specialty areas that different 

 7   Regents should have because Regents have 

 8   responsibility for higher ed, for K-12, for the 

 9   professions, for evaluating all kinds of issues.

10                So I really did look forward to 

11   bills that would have a hefty discussion around 

12   them about what we could do to improve the 

13   Regents process.  I might even suggest that the 

14   Higher Ed and Education Committees might want to 

15   have joint hearings on this issue.

16                So today to discover that, instead, 

17   we are rushing to the floor -- skipping the 

18   Higher Ed or Education Committee and moving 

19   directly through Rules to the floor -- a bill 

20   that simply plays around with who gets the choice 

21   in any given year, is I don't believe adequate at 

22   all to meet the concerns that most of us have.

23                So I'm voting no and looking forward 

24   to potentially moving forward with joint hearings 

25   to discuss real changes to the responsibilities 


                                                               729

 1   of the Regents and how we pick qualified people 

 2   to represent us on public education.  

 3                Thank you, Mr. President.  I vote 

 4   no.

 5                ACTING PRESIDENT ROBACH:   Thank 

 6   you, Senator Krueger.  Your vote will be recorded 

 7   in the negative.

 8                Senator Libous.

 9                SENATOR LIBOUS:   I guess, 

10   Mr. President, I'm going to be competing with the 

11   dogs that obviously have found a drug dealer 

12   outside.

13                (Laughter; inaudible comment.) 

14                SENATOR LIBOUS:   Well, I'm not 

15   picking sides, I'm just saying -- it could be a 

16   visitor.  It could be a visitor.

17                Mr. President, on a serious note, I 

18   want to stand to applaud Senator LaValle for 

19   introducing this legislation.  

20                And certainly while I respect my 

21   colleagues on the other side of the aisle, you 

22   know, sometimes you have to move quickly when a 

23   process is flawed.  And I think for years there 

24   has been discussion as to the process of 

25   selecting Regents, and that maybe the Assembly 


                                                               730

 1   controls that.  That's what they say.  Even the 

 2   media says that.  And that those of us in this 

 3   house really don't have a vote or a say.  Some of 

 4   us feel that as upstate legislators that we have 

 5   no voice on the board.

 6                And for years the board has made 

 7   decisions and then dumped those decisions on 

 8   educators and parents and students and then come 

 9   to us as a legislative body and said, you know, 

10   You need to fund what we've mandated.

11                It's a flawed process.  And 

12   certainly with the issue of Common Core, this 

13   process has now come into light.  Parents are 

14   upset, their kids are extremely upset, 

15   teachers are frustrated.  The dogs are upset.  

16                (Laughter.)

17                SENATOR LIBOUS:  And, Mr. President, 

18   I'm sorry, I don't mean to make light of this, 

19   because this is a very serious matter.  And I do 

20   want to be supportive of this.  Because sometimes 

21   you just have to take action.

22                So I believe, like Senator 

23   LaValle -- I put a bill in to abolish the Board 

24   of Regents.  I mean, I just wanted to make it 

25   simple.  But I understand that you can't make 


                                                               731

 1   things that simple.  But it was a message to 

 2   send.  And by the way, my constituents sent me 

 3   quite a few emails supporting that.

 4                But Senator LaValle takes a more, I 

 5   guess -- I would not call it compassionate 

 6   approach, but maybe a more systematic approach.  

 7   I support his approach right now.  I think it's 

 8   the right way to go.  And I think if you have 

 9   hearings and do all this stuff, sometimes it just 

10   delays what needs to be done, and sometimes you 

11   just got to make it happen.  

12                And, Senator LaValle, I applaud you 

13   for making it happen.

14                ACTING PRESIDENT ROBACH:   Thank 

15   you, Senator Libous.  You will be recorded in the 

16   affirmative.

17                Senator Gianaris.

18                SENATOR GIANARIS:   Thank you, 

19   Mr. President.  

20                I will be voting in the negative for 

21   a number of reasons, but a couple in particular I 

22   want to point out in explaining my vote.

23                The first is that this bill contains 

24   a clever bit of legerdemain, in that it requires 

25   the Minority Leader of the chamber to have an 


                                                               732

 1   appointment years down the road when I think the 

 2   Majority is confident they will then be in the 

 3   minority, so maximizing their appointments 

 4   through this process.

 5                And it also continues to have 

 6   appointments for the Temporary President of the 

 7   Senate.  Now, we've seen this in other bills 

 8   where the Temporary President of the Senate, 

 9   because of this confusing situation we have 

10   currently, alternates from day to day.  So I 

11   wonder who would be appointing the Regent on a 

12   given day.  Would it matter if the vacancy 

13   occurred on a Monday or on a Tuesday or a 

14   particular year or another?  

15                And so because it is so confusing, 

16   it's less than clear where the appointments would 

17   even be coming from even under the current 

18   scenario we live under today in the Senate.

19                So those are a couple of procedural 

20   problems.  My colleagues have talked to some of 

21   the more substantive ones, which are leading me 

22   to vote in the negative.  

23                Thank you.

24                ACTING PRESIDENT ROBACH:   Thank 

25   you, Senator Gianaris.  You will be recorded in 


                                                               733

 1   the negative.

 2                Senator Grisanti.

 3                SENATOR GRISANTI:   Yes, thank you, 

 4   Mr. President.

 5                You know, to me this piece of 

 6   legislation is all about procedure.  And what we 

 7   saw in the Assembly, who controls the nomination 

 8   of the Regents, we have no say in this house.  

 9   The Assembly controls it.  That should not be the 

10   procedure.

11                This bill that Senator LaValle has, 

12   and what everybody is talking about, is a bill 

13   that needs to move forward because there needs to 

14   be a time of change.

15                Here's the odd thing.  The Assembly 

16   passed, the Assembly passed a moratorium on the 

17   Common Core.  If they passed a moratorium bill on 

18   the Common Core, that means that they feel that 

19   there's a problem with the Common Core, a Common 

20   Core that was implemented in 2010 and took effect 

21   in 2013 by the same people that they put in 

22   there.  The same people.  So they have a 

23   moratorium on the Common Core of people that they 

24   voted back into the Regents for the next five 

25   years a couple of days ago.  


                                                               734

 1                And on top of that, members of this 

 2   house voted for those same individuals.  In fact, 

 3   those that spoke on rejecting LaValle's bill did 

 4   the same thing.  They voted for the same people 

 5   that implemented the Common Core.

 6                So I will vote yes on this 

 7   legislation.  It's time that we move something 

 8   forward.  It's time we go ahead and have a voice 

 9   for the parents and the children of this state to 

10   make sure things are implemented properly.

11                Thank you.

12                ACTING PRESIDENT ROBACH:   Senator 

13   Grisanti, you will be recorded in the 

14   affirmative.

15                Senator Latimer.

16                SENATOR LATIMER:   Thank you, 

17   Mr. President.  

18                I'm one of those Senators that 

19   joined my colleagues across the aisle in voting 

20   no on the incumbents.  I have been a pretty 

21   outspoken critic of the Board of Regents policies 

22   as relates to Common Core.  I did so in 

23   Senator Flanagan's Education Committee meeting 

24   very straightforwardly, and have over the course 

25   of this debate made a very clear statement that 


                                                               735

 1   I'm not happy with what's happening in the Board 

 2   of Regents or with those individuals.  

 3                I think Senator LaValle has done us 

 4   a service by raising this issue for discussion 

 5   and detailed understanding of it, and I 

 6   compliment him for that.  However, when we move 

 7   from the policy -- which I disagree with -- to 

 8   the process, we have to be very cognizant of a 

 9   very delicate balance of power.  That's what some 

10   of my colleagues across the aisle are 

11   highlighting.  

12                And that balance of power in certain 

13   types of situations gives prerogatives to the 

14   Legislature as a body or to individual houses of 

15   the Legislature, and then at various times to the 

16   Executive branch.  And I think we need to have a 

17   bipartisan, maybe I guess a tripartisan dialogue, 

18   whatever we've got, however many elements there 

19   are, to discuss together and to try to find a 

20   place where we can get to as a large group of us 

21   as Senators.  Because we do need to look at the 

22   process.  But we need to look at the process in 

23   light of what element of control we have.  

24                What we learned, those of us who are 

25   critics of the policy, is that we don't have much 


                                                               736

 1   control.  But I'm not sure that the path that 

 2   this would take us down would give us that 

 3   control.  It might actually lessen our control.  

 4                So while I do compliment 

 5   Senator LaValle for bringing the issue up, it's a 

 6   thoughtful approach he's put before us, I'm going 

 7   to be recorded in the negative.  

 8                And on the belief that this will not 

 9   be the final time we discuss this issue, I would 

10   be very happy to engage with my colleagues on 

11   both sides of the aisle to try to find a place 

12   that we can get to that would change the process, 

13   and in hope of changing the policy that we 

14   disagree with.

15                ACTING PRESIDENT ROBACH:   Thank 

16   you, Senator Latimer.  You will be recorded in 

17   the negative.

18                Senator LaValle.

19                SENATOR LaVALLE:   Thank you, 

20   Mr. President.

21                I appreciate the comments of my 

22   colleagues.  And it's very interesting, maybe we 

23   have arrived at that point in time when people 

24   are willing to make changes in how the Board of 

25   Regents is formulated and what the process is all 


                                                               737

 1   about.

 2                For so many years, up until the 

 3   1970s, the process really was done by agreement 

 4   of the Speaker and the Majority Leader, it was 

 5   done by concurrent resolution.  There were people 

 6   in the early 1970s, including one of our former 

 7   colleagues, Senator Leonard Stavisky -- who was 

 8   chairing the Education Committee in the Assembly 

 9   at the time, and Senator Leon Giuffreda in this 

10   house -- that said, you know, "We've got to 

11   interview people."  Senator Stavisky came up with 

12   the idea of putting an ad in the newspaper.  

13                And when you look at the process, 

14   it's really kind of made up by custom and 

15   tradition.  The statute is very, very clear in 

16   how we elect people to the Board of Regents.

17                This is one of two bills, and there 

18   are many other Senators who have introduced bills 

19   on how we either elect Regents or appoint 

20   Regents.  But one thing is for sure, the time has 

21   come for change.  And we as legislators need to 

22   be relevant as to how we're dealing with our 

23   constituency.

24                This bill, what this bill does is it 

25   says, finally, someone has to be responsible.  


                                                               738

 1   And with the Common Core, people were debating.  

 2   And as legislators we said, Oh, it's the Board of 

 3   Regents that has formulated this policy.  Others 

 4   said, well, you know, the Assembly, Assembly 

 5   Democrats, who are in the majority, they're the 

 6   ones that elect the Board of Regents.  All in 

 7   all, people say:  Well, I don't care, someone has 

 8   to be responsible.  

 9                This bill takes a page out of 

10   New York City and how the Board of Education -- 

11   the Mayor controls the board and controls 

12   educational policy.  So if something goes astray, 

13   we can point to the Mayor.  Whether the Mayor 

14   made a decision to close schools or keep them 

15   open, it's the Mayor.  It's not the board, it's 

16   the Mayor.

17                And so here, if we have a problem 

18   with Common Core, well, it might be the Regents 

19   that do it, but it's the Governor who has the 

20   control of the board.  And so we finally have 

21   someone who will stand up and say, It's me, I'm 

22   responsible.  That's what this legislation does.  

23                Yes, it changes how we select the 

24   Regents themselves, by appointment.  But, you 

25   know, just think about it.  For decades and 


                                                               739

 1   centuries, leaders made the decision.  It wasn't 

 2   until the 1970s when the Legislature spoke up and 

 3   said "We need to play a role, we need to 

 4   interview people, because we don't know what 

 5   we're getting."  

 6                And we saw that in part just the 

 7   other day, a Regent who in a 24-hour period, 

 8   zoop, came through the process.  No one knew who 

 9   Regent Finn was, what she stands for, really.  

10                So I think this legislation will, 

11   for once and for all, make the Governor -- and in 

12   most states, the Governor's responsible for 

13   education.  And I think in this case New York 

14   needs to change and make one person responsible 

15   for educational policy.  

16                I vote aye.

17                ACTING PRESIDENT ROBACH:   Thank 

18   you, Senator LaValle.  You will be recorded in 

19   the affirmative.

20                Senator Stavisky.

21                SENATOR STAVISKY:   Thank you, 

22   Mr. President.  

23                And thank you, Senator LaValle, for 

24   remembering that time in the 1970s when my 

25   husband chaired the Education Committee in the 


                                                               740

 1   Assembly.  

 2                And it came about because he said 

 3   that, miraculously, names would appear or a name 

 4   would appear, and he felt that the process should 

 5   be open to people who wish to apply.  And the 

 6   best way to apply to be a Regent would be through 

 7   a newspaper advertisement.  And that indeed is 

 8   the process that we use today.

 9                But he never suggested, publicly or 

10   privately, that we change the way in which the 

11   Regents are selected.

12                The Regents have a long history 

13   going back to the founding of our state.  And I 

14   often point out that Alexander Hamilton served as 

15   a Regent of the State of New York before he was 

16   elected to the Assembly.  He then subsequently 

17   resigned and went on to save our national 

18   Treasury.

19                But it seems to be that the process 

20   should be opened up but not the method of 

21   selecting Regents.  That was never the intention.  

22   And while I commend Senator LaValle for certainly 

23   highlighting the issues, I think it's something 

24   that we really ought to take a look at.  But 

25   giving the Governor the power is not the 


                                                               741

 1   solution, because he's sharing it with other 

 2   people and so on.

 3                I think we've got to have a more 

 4   open process, and I think we've accomplished 

 5   that.  I think we did send a message that there 

 6   are a lot of problems with Common Core.  I think 

 7   that message was heard by the Regents and 

 8   hopefully they will take a second look at what's 

 9   going on.  

10                Thank you, Mr. President.  I vote 

11   no.

12                ACTING PRESIDENT ROBACH:   Thank 

13   you, Senator Stavisky.  You will be recorded in 

14   the negative.

15                Senator Espaillat.

16                SENATOR ESPAILLAT:   Thank you, 

17   Mr. President.

18                Selection of the Regents is a very 

19   important process.  And very often we hear from 

20   our constituents that have concerns about the 

21   quality of education of our children throughout 

22   the state, and we hear about issues like testing, 

23   curriculum, and the like.  So real issues, the 

24   substantive issues.  Because we can pump as much 

25   money as we want to into education, but if the 


                                                               742

 1   fine-tuned work of the Regents and the State 

 2   Department of Education does not get done, we 

 3   won't see positive results.

 4                And so this is a very important 

 5   decision, the selection of the Regents.  And very 

 6   often the word "Regent" is very esoteric.  You 

 7   ask somebody, a parent, about the Regents, and 

 8   they won't tell you -- they won't know who they 

 9   are, they won't tell you what they are supposed 

10   to do.  They're really like a hidden term, 

11   upstate New York somewhere, and they have no full 

12   knowledge of what they do or what they're 

13   supposed to accomplish.

14                So this is an important task, the 

15   selection of the Regents.  And certainly we 

16   should be looking at their qualifications, we 

17   should be looking at their experience, we should 

18   be looking at all the positives that they bring 

19   to the job.

20                But what we heard so far from folks 

21   throughout the state that are complaining about 

22   the Common Core is I think a concerning voice 

23   that they want to hear from us, their 

24   legislators, right, the people on the ground, 

25   what we want to do about the Regents and what we 


                                                               743

 1   want to do about education.

 2                And I might add that, you know, for 

 3   many, many years children in the City of 

 4   New York, in many poor neighborhoods in the City 

 5   of New York and many poor neighborhoods across 

 6   the State of New York, have been failing these 

 7   exams.  And it is not until recent, after the 

 8   Common Core process, the Common Core model was 

 9   implemented, that we begin to see some concern, 

10   alarming concern around the state, when in fact 

11   these same numbers -- if not worse -- of failing 

12   students have been registering throughout 

13   many neighborhoods in the City of New York and 

14   poor districts across the state.

15                So, you know, we hear parents saying 

16   to us that they want to know who these Regents 

17   are, that we should select the best, and that 

18   they're concerned about Common Core and about the 

19   quality of education.  We don't hear them say 

20   "Let's consolidate power and give it to the 

21   leadership."  No, I don't think that's what 

22   they're asking for.  

23                They're asking for each of us to 

24   represent them by making sure that we select the 

25   best-qualified person for this particular job.  


                                                               744

 1   Not to push the power down to the second floor or 

 2   to the leadership, which is less accessible to 

 3   them than our district offices, but for us to 

 4   stand up and to make sure that we do the right 

 5   job by selecting the best qualified candidate for 

 6   this particular job.

 7                For those reasons, Mr. President, I 

 8   will be voting in the negative.

 9                ACTING PRESIDENT ROBACH:   Senator 

10   Espaillat will be recorded in the negative.

11                Announce the results.

12                THE SECRETARY:   In relation to 

13   Calendar Number 277, those recorded in the 

14   negative are Senators Boyle, Breslin, Dilan, 

15   Espaillat, Gianaris, Hassell-Thompson, Hoylman, 

16   Krueger, Latimer, Montgomery, Parker, Peralta, 

17   Perkins, Rivera, Sanders, Serrano, Squadron, 

18   Stavisky and Stewart-Cousins.

19                Ayes, 39.  Nays, 19.

20                ACTING PRESIDENT ROBACH:   The bill 

21   is passed.

22                Senator Libous, that concludes the 

23   noncontroversial reading of the calendar.

24                SENATOR LIBOUS:   Mr. President, 

25   before I'm going to say that the house will stand 


                                                               745

 1   at ease, Senator Griffo and a number of the 

 2   members had a question, and they wanted to know 

 3   who let the dogs out.

 4                (Laughter.)

 5                SENATOR LIBOUS:   Mr. President, at 

 6   this time Senator Gianaris, on behalf of the 

 7   minority Democrats, would like to do a handup to 

 8   the desk.

 9                ACTING PRESIDENT ROBACH:   That will 

10   be received and filed in the Journal.

11                Senator Libous.

12                SENATOR LIBOUS:   At this time we 

13   would stand at ease.  

14                I would recommend that members keep 

15   close to their conference leaders for when the 

16   Senate will come back into session today.

17                ACTING PRESIDENT ROBACH:   The 

18   Senate stands at ease.

19                (Whereupon, the Senate stood at ease 

20   at 12:19 p.m.)

21                (Whereupon, the Senate reconvened at 

22   11:15 p.m.) 

23                ACTING PRESIDENT GRIFFO:   The 

24   Senate will come to order.

25                Senator Libous.


                                                               746

 1                SENATOR LIBOUS:   Thank you, 

 2   Mr. President.  

 3                Mr. President, at this time I'll 

 4   call an immediate meeting of the Finance 

 5   Committee in Room 332, and then the Senate will 

 6   stand at ease until we hear the report of the 

 7   Finance Committee.

 8                ACTING PRESIDENT GRIFFO:   There 

 9   will be an immediate meeting of the Senate 

10   Finance Committee in Room 332.  Until such time 

11   as the meeting concludes, the Senate will stand 

12   at ease.

13                (Whereupon, the Senate stood at ease 

14   at 11:15 p.m.)

15                (Whereupon, the Senate reconvened at 

16   11:44 p.m.)

17                ACTING PRESIDENT GRIFFO:   The 

18   Senate will come to order.

19                Senator LaValle.

20                SENATOR LaVALLE:   Mr. President, 

21   may we return to reports of standing committees.  

22   I believe there's a report of the Finance 

23   Committee at the desk.

24                ACTING PRESIDENT GRIFFO:   We'll 

25   return to reports of standing committees.  


                                                               747

 1                There is a report of the Finance 

 2   Committee before the desk.  The Secretary will 

 3   read.

 4                THE SECRETARY:   Senator 

 5   DeFrancisco, from the Committee on Finance, 

 6   reports the following bill direct to third 

 7   reading:  

 8                Senate Print 6352, Senate Budget 

 9   Bill, an act making appropriations.

10                SENATOR LaVALLE:   Mr. President, I 

11   move to accept the report of the Finance 

12   Committee.

13                ACTING PRESIDENT GRIFFO:   All in 

14   favor of accepting the Committee on Finance 

15   report signify by saying aye.

16                (Response of "Aye.")

17                ACTING PRESIDENT GRIFFO:   Opposed?  

18                (No response.)

19                ACTING PRESIDENT GRIFFO:   The 

20   report is accepted.

21                Senator LaValle.

22                SENATOR LaVALLE:   Mr. President, 

23   may we return to motions and resolutions.

24                ACTING PRESIDENT GRIFFO:   We will 

25   return to motions and resolutions.


                                                               748

 1                SENATOR LaVALLE:   Mr. President, on 

 2   behalf of Senator Marcellino, on page number 7 I 

 3   offer the following amendments to Calendar Number 

 4   22, Senate Print Number 3046B, and ask that said 

 5   bill retain its place on the Third Reading 

 6   Calendar.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   amendments are received, and the bill shall 

 9   retain its place on third reading.

10                Senator LaValle.

11                SENATOR LaVALLE:   Mr. President, 

12   pursuant to Rule 6, Section 2, I move that the 

13   Senate shall continue in session after midnight 

14   this very evening.

15                ACTING PRESIDENT GRIFFO:   The 

16   motion is before the house.  All in favor say 

17   aye.

18                (Response of "Aye.")

19                ACTING PRESIDENT GRIFFO:   Opposed?  

20                (No response.)

21                ACTING PRESIDENT GRIFFO:   The ayes 

22   have it.  We will continue, Senator LaValle.

23                SENATOR LaVALLE:   Mr. President, 

24   can we stand at ease.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               749

 1   Senate will stand at ease.

 2                (Whereupon, the Senate stood at ease 

 3   at 11:45 a.m.)

 4                (Whereupon, the Senate reconvened at 

 5   11:46 p.m.)

 6                ACTING PRESIDENT GRIFFO:   The 

 7   Senate will come to order.

 8                Senator LaValle.

 9                SENATOR LaVALLE:   Mr. President, 

10   may we please have the noncontroversial reading 

11   of the supplemental calendar, and that is 

12   Calendar 20A.

13                ACTING PRESIDENT GRIFFO:   The 

14   Secretary will read.

15                THE SECRETARY:   Calendar Number 

16   282, Senate Budget Bill, Senate Print 6352, an 

17   act making appropriations.

18                SENATOR GIANARIS:   Lay it aside.

19                ACTING PRESIDENT GRIFFO:   Lay it 

20   aside.  

21                Senator LaValle, that completes the 

22   reading of the noncontroversial supplemental 

23   calendar.

24                SENATOR LaVALLE:   Thank you.  Can 

25   we now have the controversial reading of the 


                                                               750

 1   supplemental calendar.  That's Supplemental 

 2   Calendar 20A.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   Secretary will ring the bell.

 5                The Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   282, Senate Budget Bill, Senate Print 6352, an 

 8   act making appropriations.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Krueger.

11                SENATOR KRUEGER:   Thank you, 

12   Mr. President.  I don't believe I need an 

13   explanation, but if the sponsor would please 

14   yield for a question.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   DeFrancisco, do you yield? 

17                SENATOR DeFRANCISCO:   Yes, I will. 

18                ACTING PRESIDENT GRIFFO:   The 

19   Senator yields.

20                SENATOR KRUEGER:   Thank you.  This 

21   is a debt service bill to ensure that the state 

22   continues to meet its legal obligations to pay 

23   its debts.  Why would anyone ever vote no on such 

24   a bill?  

25                SENATOR DeFRANCISCO:   Why would 


                                                               751

 1   anyone ever ask that question?  That's probably 

 2   even --

 3                (Laughter.)

 4                SENATOR DeFRANCISCO:   But I could 

 5   see no reason why we want to want to harm the 

 6   credit of the State of New York, because we all 

 7   should pay our bills.

 8                SENATOR KRUEGER:   Through you, 

 9   Mr. President, if the sponsor would continue to 

10   yield.

11                SENATOR DeFRANCISCO:   Yes.

12                ACTING PRESIDENT GRIFFO:   The 

13   Senator yields.

14                SENATOR KRUEGER:   So why did 

15   Senator DeFrancisco and 15 of his colleagues vote 

16   no on this bill on March 8, 2010?

17                SENATOR DeFRANCISCO:   I quite 

18   frankly don't remember what I did yesterday.  

19                There must have been an excellent 

20   reason for it back four years ago, and I can 

21   research it at a later time and let you know.  

22   But right now I don't recall.

23                SENATOR KRUEGER:   Through you, 

24   Mr. President, if the sponsor would yield.

25                SENATOR DeFRANCISCO:   Yes.


                                                               752

 1                ACTING PRESIDENT GRIFFO:   The 

 2   sponsor yields.

 3                SENATOR KRUEGER:   Why are we doing 

 4   the debt service bill at this exact moment when 

 5   much of it ties into a budget we are assuming we 

 6   might or might not pass, with sections of it that 

 7   might or might not actually be in the budget when 

 8   we get to it?  

 9                Wouldn't it be logical to do this 

10   when we had actual budget bills, even negotiated 

11   budget bills, already ready?  

12                SENATOR DeFRANCISCO:   Well, we are 

13   really at the mercy, as is every state and 

14   municipality, at the mercy of the rating 

15   agencies.  And this -- and I believe it's already 

16   passed in the Assembly, is that correct?

17                SENATOR KRUEGER:   No.

18                SENATOR DeFRANCISCO:   No, it 

19   hasn't?  Well, they're not as conscious of the 

20   rating agencies as we are.

21                (Laughter.)

22                SENATOR DeFRANCISCO:   So we want to 

23   make sure that the world knows that we have 

24   already given authority to pay all of our debt, 

25   existing legal requirements on state debt 


                                                               753

 1   obligations during fiscal year 2015, 

 2   appropriations of $5.4 billion paid out of the 

 3   General Fund, $1.6 billion for debt service paid 

 4   out of the Debt Service and Capital Projects 

 5   Funds, et cetera, et cetera.  And it's basically 

 6   to show that we are going to pay our debts on 

 7   time.  

 8                And we have reserved enough money, 

 9   by the way, in this bill to cover the increases 

10   in the interest that are likely to come from the 

11   variable -- the debts that we have that have 

12   variable interest rates.

13                SENATOR KRUEGER:   Through you, 

14   Mr. President, if the sponsor would continue to 

15   yield.

16                SENATOR DeFRANCISCO:   Yes.

17                ACTING PRESIDENT GRIFFO:   The 

18   sponsor yields.

19                SENATOR KRUEGER:   Thank you.  

20                So I agree, we should always pass 

21   debt service and never refuse to meet our 

22   obligations as a state.  I'm just not sure the 

23   time frame has to be tonight.  

24                I agree with the sponsor that most 

25   of the language in this bill matches what we 


                                                               754

 1   probably ought to be doing.  But interestingly, 

 2   if he would continue to yield, there's one 

 3   section of the bill appropriating funds such as 

 4   the Local Government Assistance Tax Fund and the 

 5   Dedicated Highway and Bridge Fund, totaling 

 6   $1.6 billion.  

 7                And I just wonder, in the one-house 

 8   resolution that rumor has it we might do sometime 

 9   soon, there's a change in the proposal of money 

10   in the Highway and Bridge Trust Fund.  I was 

11   wondering if the sponsor could explain to me how 

12   the one-house resolution we're about to do would 

13   actually change what we would need to do in 

14   appropriations in the Debt Service Fund for this 

15   specific category, Dedicated Highway and Bridge 

16   Trust Fund.

17                SENATOR DeFRANCISCO:  If we are 

18   going to do new transportation projects, highways 

19   and bridges, we would borrow for those funds and 

20   then we would have to pay them after the 

21   borrowing.  Although we want to keep a good 

22   credit rating, we don't think it's necessary to 

23   pay before we bond.  And all this deals with is 

24   old debt, and we are simply paying old debt and 

25   giving the authority to do that by this bill.


                                                               755

 1                SENATOR KRUEGER:   Through you, 

 2   Mr. President, on the bill.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Krueger on the bill.

 5                SENATOR KRUEGER:   I appreciate my 

 6   colleague's answers.  

 7                Again, I would find it very hard to 

 8   ever justify voting against a debt service bill, 

 9   as 16 of my colleagues from the other side of the 

10   aisle chose to do in 2010, whether they remember 

11   why or not.  And so I will recommend a yes vote 

12   tonight.  

13                But again, for the record, it's 

14   always a little unusual when we do budget bills 

15   out of order.  We spend money in bills before we 

16   do our revenue bill, we're doing a debt service 

17   bill that assumes many things that we have yet to 

18   take up on this floor.  So maybe someday we'll do 

19   bills in the right order.  

20                Thank you, Mr. President.

21                ACTING PRESIDENT GRIFFO:   Is there 

22   any other Senator wishing to be heard?

23                Seeing none, hearing none, debate is 

24   closed.  

25                The Secretary will ring the bell.


                                                               756

 1                Senator DeFrancisco.

 2                SENATOR DeFRANCISCO:  Just to 

 3   explain my yes vote.  

 4                We're doing them in order because 

 5   this is debt service for existing bonds.  So 

 6   whether we did them today or three weeks from now 

 7   when the budget hopefully will be done, the fact 

 8   of the matter is this is old debt, not new 

 9   obligations that we may take up in the budget.  

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Absent from voting:  

18   Senators Addabbo, Diaz, Montgomery, Perkins, 

19   Sampson and Sanders.

20                Ayes, 55.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                Senator LaValle, that completes the 

24   noncontroversial reading of the supplemental 

25   calendar.


                                                               757

 1                SENATOR LaVALLE:   Mr. President, 

 2   can we stand at ease, please.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   Senate will stand at ease.

 5                (Whereupon, the Senate stood at ease 

 6   at 12:03 a.m.)

 7                (Whereupon, the Senate reconvened at 

 8   12:19 a.m.)

 9                ACTING PRESIDENT GRIFFO:   The 

10   Senate will come to order.

11                SENATOR LIBOUS:   Mr. President.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Libous.

14                SENATOR LIBOUS:   I believe there's 

15   a privileged resolution at the desk by Senators 

16   Skelos and Klein.  I ask that the title be read 

17   and we move for its immediate adoption.  

18                ACTING PRESIDENT GRIFFO:   The 

19   Secretary will read.

20                THE SECRETARY:   Senate Resolution 

21   4036, by Senators Skelos and Klein, adopting 

22   proposed amendments to the 2014-2015 Executive 

23   Budget submission (Legislative Bills 6350C, 

24   6353C, 6354C, 6355C, 6356C, 6357C, 6358C, 6359C 

25   and Senate 6609A).


                                                               758

 1                SENATOR LIBOUS:   Mr. President, is 

 2   the resolution before the house?  

 3                ACTING PRESIDENT GRIFFO:   The 

 4   resolution is before the house, Senator Libous.

 5                SENATOR LIBOUS:   Mr. President, 

 6   Senator Krueger would like to speak on the 

 7   resolution or ask questions on the resolution.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Krueger.  

10                SENATOR KRUEGER:   Thank you, 

11   Senator Libous.  

12                And just for clarification, two 

13   packages were just laid on our desks.  Are they 

14   different or the same?

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Krueger, I believe there's one resolution before 

17   the house on your desk.

18                SENATOR KRUEGER:   Never mind, one 

19   disappeared.  Thank you.

20                Through you, Mr. President, if the 

21   sponsor would please yield for some questions.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   DeFrancisco, do you yield to a series of 

24   questions?  

25                SENATOR DeFRANCISCO:   Yes, I would.


                                                               759

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Krueger.

 3                SENATOR KRUEGER:   Thank you.  

 4                So this is a one-house resolution.  

 5   How much money is it adding to General Fund 

 6   expenses compared to the Executive Budget?

 7                SENATOR DeFRANCISCO:   The financial 

 8   plan that I handed to you moments ago indicates 

 9   that the All Funds budget, the Executive has 

10   142.706 billion in Executive Budget receipts, and 

11   then the adjustments are shown in that first 

12   column.  And the state estimates receipts of 

13   142.927 billion.  And you can see that's 

14   All Funds, and we have the same computation for 

15   the State Funds, State Operating Funds and 

16   General Funds.  

17                And then there's a summary in the 

18   Executive Budget spending, same situation, what 

19   the Executive spends, what our adjustments are, 

20   and what we spend.  

21                So what it really boils down to, if 

22   you take a look at it, is that we spend, on an 

23   All Funds basis 182 -- excuse me.  The All Funds 

24   spending is $137.4 billion, an increase of 

25   1.5 percent over fiscal year 2014.


                                                               760

 1                SENATOR KRUEGER:   Through you, 

 2   Mr. President, if the sponsor would continue to 

 3   yield.

 4                SENATOR DeFRANCISCO:   Yes.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   DeFrancisco yields, Senator Krueger.

 7                SENATOR KRUEGER:   How much money is 

 8   added in your one-house bill for K-12 education?  

 9                SENATOR DeFRANCISCO:  K-12 

10   education, approximately $811 million.  I think 

11   the Governor had added something like 500 -- it's 

12   811 on top of what the Governor put in the 

13   budget.

14                SENATOR KRUEGER:   Through you, 

15   Mr. President, if the sponsor would clarify.  So 

16   this one-house resolution has $812 million 

17   additional beyond what the Governor put in for 

18   K-12 public education?  

19                SENATOR DeFRANCISCO:   That's 

20   correct.  If you include the pre-K dollars, you 

21   include gap elimination dollars, if you include 

22   all the dollars that go into education, that 

23   would be $811 million over the Governor.

24                SENATOR KRUEGER:   Through you, 

25   Mr. President, if the sponsor would continue to 


                                                               761

 1   yield.

 2                SENATOR DeFRANCISCO:   Yes.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   sponsor yields.

 5                SENATOR KRUEGER:   The second page 

 6   of the chart I received shows net adds in 

 7   education of $252 million.  So I'm a little 

 8   confused how we're getting to the over 

 9   $800 million.  Perhaps it is because of the UPK.  

10   And many of us delighted that we're all now 

11   committed to fully funding UPK.  

12                But where in the resolution do we 

13   actually have those dollars, since I'm only 

14   showing a net add for education of $225 million 

15   on the chart I just received from my colleagues?  

16                SENATOR DeFRANCISCO:   Well, it's 

17   what I said before.  It's the adds to education 

18   funding, mostly the GEA restorations.  And the 

19   rest is the commitments on pre-K and also 

20   after-school programs as well, which I would 

21   consider part of that as well.

22                So that's where it comes from.  Or 

23   that's where the spending is.

24                SENATOR KRUEGER:   Through you, 

25   Mr. President.  For the record, I would love if 


                                                               762

 1   that was true.  I just don't see the numbers here 

 2   on these charts.  The one-house resolution --

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Krueger, are you on the bill or would you like 

 5   to --

 6                SENATOR KRUEGER:   No, I have more 

 7   questions.  Thank you.

 8                How much money is there for the 

 9   increased TAP proposal, which increases maximum 

10   TAP I believe from $5,000 to over $6,300 per 

11   student?  Where would I find the increased money 

12   for the cost of that?  

13                SENATOR DeFRANCISCO:   It's in the 

14   higher ed section of the resolution.  And I'll 

15   get it in a moment.

16                SENATOR KRUEGER:   And just how much 

17   is being assumed to be available for that?

18                SENATOR DeFRANCISCO:   First of all, 

19   it goes into effect next calendar year.  

20                SENATOR KRUEGER:   January 1, 2015?  

21                SENATOR DeFRANCISCO:   Excuse me, 

22   I'm looking for the section of the resolution.  

23                It's on page 27.  My page that I'm 

24   looking at is a different page number.  But 

25   page 27:  The Senate concurs with the Executive 


                                                               763

 1   proposal of $87.7 million, State Operations, Aid 

 2   to Localities.  

 3                But then we go into "The Senate 

 4   advances language to increase the maximum Tuition 

 5   Assistance Award from $5,000 to $6,470."  And the 

 6   income limit presently to get TAP is $80,000; 

 7   it's now going up to $100,000.  So that's one of 

 8   the proposals on -- that's on TAP.  

 9                Now, there's several other very 

10   important proposals dealing with higher education 

11   that if you want to talk about, fine.  If not, 

12   I'll get to it at another time.

13                SENATOR KRUEGER:   Through you, 

14   Mr. President, if the sponsor would continue to 

15   yield.

16                SENATOR DeFRANCISCO:   Yes.

17                ACTING PRESIDENT GRIFFO:   The 

18   sponsor yields.

19                SENATOR KRUEGER:   Thank you.  

20                There's also a proposal -- I'm 

21   highlighting the proposals I actually like and I 

22   wish we had math for.  We're going to increase 

23   the EPIC program, probably overdoubling the 

24   population eligible for EPIC.  EPIC is now 

25   approximately $114 million a year, but magically 


                                                               764

 1   we can increase or overdouble the population 

 2   eligible for only $2 million a year.  

 3                How are we going to pay for all 

 4   those people's EPIC with $2 million?

 5                SENATOR DeFRANCISCO:   Well, we can 

 6   afford it because the federal Affordable Care Act 

 7   actually closes the doughnut hole -- partially -- 

 8   which saves money.  So that helps us afford the 

 9   additional benefits which I think all of us are 

10   pleased to be able to afford our seniors.

11                SENATOR KRUEGER:   Through you, 

12   Mr. President, if the sponsor would continue to 

13   yield.

14                SENATOR DeFRANCISCO:   Yes.

15                ACTING PRESIDENT GRIFFO:   The 

16   sponsor yields.

17                SENATOR KRUEGER:   Well, again, my 

18   colleague and I often agree because I agree the 

19   American Care Act, the Obamacare, actually offers 

20   all kinds of opportunities.  But this one-house 

21   resolution cuts out the funding for the health 

22   exchange, seemingly in an attempt to kill 

23   Obamacare in New York State.  

24                So does he know that we're cutting 

25   the funding to continue running the health 


                                                               765

 1   exchange, helping to ensure more people are on 

 2   this program and hopefully decreasing our other 

 3   costs, as he just described?

 4                SENATOR DeFRANCISCO:   Yes.  Because 

 5   in the Governor's Executive Order establishing 

 6   the New York State Health Benefit Exchange, 

 7   Number 42, one of the "whereas" clauses is 

 8   "Whereas, the development and operation of the 

 9   exchange in New York will impose no cost on the 

10   state but will be funded entirely with federal 

11   funds until January 1, 2015, at which time the 

12   change will be wholly self-funded, meaning that 

13   no state or county taxpayer dollars will be used 

14   for such purposes."  And we take the Governor at 

15   his word.

16                SENATOR KRUEGER:   Through you, 

17   Mr. President.  There's a number of revenue 

18   changes in this budget.  We do away with the 

19   Governor's proposals for circuit breakers for 

20   both owners and renters, but we change the 

21   Governor's tax freeze proposal.  

22                One, I'm not going to ask why they 

23   did away with the circuit breaker.  I'm very 

24   upset about it.  But, two, I'm very confused 

25   about how this new freeze will work.  Is there 


                                                               766

 1   any income eligibility requirement?  Can 

 2   millionaires get your credit?

 3                SENATOR DeFRANCISCO:   First of all, 

 4   the way it works is it's a true -- it's different 

 5   than what the Governor proposed because it's a 

 6   true freeze insofar as it doesn't just -- it goes 

 7   on beyond the two years.  Basically, if the 

 8   municipalities meet the requirements, what ends 

 9   up happening is that the property tax is frozen 

10   and that any additional taxes that would have had 

11   to been paid by the taxpayer, up to 2 percent, 

12   would be paid by the state.  

13                And that would continue, provided 

14   that the municipality or the school district has 

15   a plan that the state must approve -- the 

16   language is unclear as to who at the state would 

17   approve it, and that's why it's part of the 

18   negotiations.  But the state would approve a plan 

19   either to consolidate, to use joint services, to 

20   operate more efficiently.  

21                And the other thing it does 

22   different -- that we've had a criticism at some 

23   of the hearings and at some of our meetings back 

24   home -- is that a lot of school districts and a 

25   lot of municipalities actually have done 


                                                               767

 1   consolidation and efficiency efforts over the 

 2   last several years.  Those would count as part of 

 3   their plan, and they would explain how they're 

 4   going to go forward with that plan.

 5                So if you were an efficient district 

 6   and you did a lot of things, you're not shut out 

 7   by not doing more when you've already shown your 

 8   good faith in doing it and that you're going to 

 9   continue in certain ways to continue in that 

10   plan.

11                So that's the way it works out.  As 

12   far as the income level, it's $500,000.

13                SENATOR KRUEGER:   Through you, 

14   Mr. President, if the sponsor will continue to 

15   yield.

16                SENATOR DeFRANCISCO:   Yes.

17                ACTING PRESIDENT GRIFFO:   The 

18   sponsor yields.

19                SENATOR DeFRANCISCO:  And by the 

20   way, I think I mentioned to the -- you were there 

21   when I mentioned to the Commissioner of Finance 

22   that it would be a nightmare to administer.  But 

23   this $500,000 is the same eligibility as the STAR 

24   program, so it's somewhat consistent with what's 

25   being administered presently.


                                                               768

 1                SENATOR KRUEGER:   So again, like 

 2   the STAR program, it's more regressive than the 

 3   alternative models that were there before.  Would 

 4   this apply to renters?  Would this apply to the 

 5   City of New York?

 6                SENATOR DeFRANCISCO:   No, it 

 7   wouldn't.

 8                SENATOR KRUEGER:   And --

 9                ACTING PRESIDENT GRIFFO:   I'm going 

10   to have to ask the --

11                SENATOR DeFRANCISCO:   And the 

12   reason it wouldn't is because --

13                ACTING PRESIDENT GRIFFO:   I'm going 

14   to ask --

15                SENATOR DeFRANCISCO:   The reason 

16   is that --

17                ACTING PRESIDENT GRIFFO:   I'm going 

18   to ask the members to please exchange through the 

19   chair.

20                Senator Krueger.  

21                SENATOR KRUEGER:   Excuse me, 

22   Mr. President.  So through you, Mr. President, if 

23   the sponsor would answer an additional question.

24                SENATOR DeFRANCISCO:   Yes.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               769

 1   sponsor yields.

 2                SENATOR KRUEGER:   It will not apply 

 3   to New York City, it will not apply to renters 

 4   because?

 5                SENATOR DeFRANCISCO:   Mr.  

 6   President, that's exactly what I was going to get 

 7   into when you rudely interrupted our exchange.

 8                (Laughter.)

 9                SENATOR DeFRANCISCO:   The reason is 

10   is if you look at the numbers when you get to the 

11   education portion of the resolution, there are 

12   substantial funds to the City of New York for 

13   pre-K, for after-school programs and the like.  

14                And the concept was we would want to 

15   have some type of regional balance.  Those are 

16   things that the upstate people will have to pay 

17   for on their own, as opposed to the state picking 

18   up.  So we want to have regional balance in 

19   benefits going to each region.

20                SENATOR KRUEGER:   Through you, 

21   Mr. President.  For the record, this plan is to 

22   give money not to the local governments but in 

23   fact to individual homeowners who are having 

24   trouble meeting their costs.  

25                In fact, the local governments, like 


                                                               770

 1   the old plan that I think my colleague didn't 

 2   like, will still have the obligation to try to 

 3   meet their expenses without increasing their 

 4   revenue.  And unlike the education funds, those 

 5   go to the governments.  And these proposals 

 6   either go to the taxpayer or don't.  And in this 

 7   case they don't go to the taxpayers in need in 

 8   New York City or renters throughout the state.  

 9   So it's a little bit apples and oranges, not 

10   apples and apples.

11                I'm going to speak on the bill 

12   because I know the hour is late and we have 

13   limited time.  And I may have time to come back 

14   later.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Krueger on the bill.

17                SENATOR KRUEGER:   I always 

18   appreciate working with my colleague John 

19   DeFrancisco.  

20                I wish this wasn't 12:30 at night 

21   and that we had had more time than starting at 

22   5:30 this afternoon to review this one-house 

23   resolution.  There's an amazing amount of unknown 

24   information.  There's an amazing number of the 

25   lines in the document that are concerns or 


                                                               771

 1   modifications with no dollar figures or no even 

 2   language explanation of what we might guess is 

 3   meant.  

 4                My other colleagues will be going 

 5   into specific details.  I attempted to highlight 

 6   a few things.  

 7                We are doing away with the circuit 

 8   breaker, which I believe is the most popular 

 9   proposal to ensure tax relief to those people 

10   most in need statewide.  We've created a new 

11   freeze system which sort of has all the problems 

12   of the Governor's proposal, and I'm not at all 

13   clear that there are advantages.  

14                We promise TAP money to TAP 

15   students, but there's no money in this budget.  

16   We promise increases in EPIC, but it's not clear 

17   there's money to pay for that.  We promise more 

18   money for education, but I have to say the 

19   numbers don't add up on my own colleague's 

20   charts.  

21                And in fact there is some 

22   information that there's more money that will be 

23   going to charter schools than to all the public 

24   schools in New York State, which means 3 percent 

25   of the students will get far more than the 


                                                               772

 1   97 percent of the students, who are all desperate 

 2   for education funds.

 3                There's very confusing revenue 

 4   proposals beyond the tax-freeze questions.  There 

 5   are a series of changes in how we structure our 

 6   taxes, a whole series of new tax expenditures and 

 7   tax reductions, a whole series of changes to our 

 8   gambling proposals.  And we won't do justice to 

 9   any of this tonight.  

10                And in fact I believe that if we had 

11   budget bills -- because by the way, we don't have 

12   budget bills to back up any of these 55 pages of 

13   often one-sentence description.  If we had budget 

14   bills before us, maybe we could have a healthier 

15   debate about what's being proposed.  But 

16   disturbingly, we don't have those on our desks.  

17   And I don't even believe they've gone into the 

18   computers yet.  

19                So I may have other statements 

20   later, but for now I'm very disturbed about what 

21   we're missing.  In fact, even if there's a 

22   laundry list of everything everyone might like to 

23   see in a perfect world, there's just not the 

24   money for it.

25                Thank you, Mr. President.


                                                               773

 1                ACTING PRESIDENT GRIFFO:   Thank 

 2   you, Senator Krueger.

 3                Senator Squadron.

 4                SENATOR SQUADRON:   Thank you, 

 5   Mr. President.  If the sponsor would yield.

 6                SENATOR DeFRANCISCO:   Yes.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   sponsor yields.

 9                SENATOR SQUADRON:   Thank you.

10                On page 8 of the resolution there's 

11   a reference to the State Board of Election's 

12   Article 7 proposals to propose modification of 

13   Part H relating specifically to the Public Trust 

14   Act, the creation of the independent chief 

15   enforcement counsel and campaign finance reform 

16   and public campaign finance.  If the sponsor has 

17   found it, page 8.

18                SENATOR DeFRANCISCO:  Okay, I've got 

19   it.  Thank you.  

20                SENATOR SQUADRON:   What does that 

21   mean?

22                SENATOR DeFRANCISCO:   Well, you can 

23   interpret it many different ways.

24                (Laughter.)

25                SENATOR DeFRANCISCO:   And basically 


                                                               774

 1   what it means in lay language is that we're 

 2   rejecting the Governor's proposal and we want to 

 3   talk.  

 4                We're leaving options open, we want 

 5   to modify it in some way, but at this point in 

 6   time there's just not a clear consensus among the 

 7   Majority as to how that should be interpreted.  

 8   And that's why we're going discuss it between now 

 9   and whenever a final budget bill is put together.

10                SENATOR SQUADRON:   If the sponsor 

11   would continue to yield.

12                SENATOR DeFRANCISCO:   Yes.

13                ACTING PRESIDENT GRIFFO:   The 

14   sponsor yields.

15                SENATOR SQUADRON:   I have not seen 

16   that vernacular, "let's talk," in a resolution 

17   before, so I appreciate you being straightforward 

18   about it.  

19                The phrase "public campaign finance" 

20   is used in the resolution.  That's not used in 

21   any of the Governor's proposals.  So should I 

22   take that phrase "public campaign finance" to 

23   mean that the Senate Majority has a new proposal 

24   for public campaign finance, a system of public 

25   matching funds for elections?  


                                                               775

 1                SENATOR DeFRANCISCO:   No, it 

 2   doesn't mean that at all.  It means that these 

 3   things are open and reasonable minds can come up 

 4   with many, many different types of proposals that 

 5   would accomplish the fairness and the openness 

 6   and the enforcement that is the goal of the 

 7   Governor.  We just haven't had a consensus on it 

 8   yet, and we're willing to discuss all options.

 9                SENATOR SQUADRON:   If the sponsor 

10   would continue to yield.

11                SENATOR DeFRANCISCO:   Yes.

12                ACTING PRESIDENT GRIFFO:   The 

13   sponsor yields.

14                SENATOR SQUADRON:   We've sort of 

15   talked about the first part of this provision.  

16                Just to go to the second part, it 

17   says "To increase transparency and disclosure 

18   measures, provide for increased enforcement, 

19   adopt a system of public campaign finance, and 

20   strengthen provisions of the Public Officers Law 

21   and the Penal Code to enhance the integrity of 

22   governmental and electoral processes in New York 

23   State."  

24                From that second portion of this, 

25   should I take it that the Senate Majority 


                                                               776

 1   supports adopting a system of public campaign 

 2   finance in order to enhance the integrity of 

 3   governmental and electoral processes in New York 

 4   State --

 5                SENATOR DeFRANCISCO:   No.

 6                SENATOR SQUADRON:   -- or does that 

 7   portion not mean what this seems to say?  

 8                SENATOR DeFRANCISCO:   No.  As I 

 9   say -- I can repeat it several times -- different 

10   people in the Majority have different points of 

11   view on this issue.  

12                The concept was, in my judgment, to 

13   put up a proposal that we -- we're not going to 

14   accept the Governor's, we're modifying it subject 

15   to some type of consensus, and how it's going to 

16   be modified.  We're talking about these things.  

17   We're trying to come up with a consensus.  

18                And we wanted to get into the 

19   general conference committee meetings and the 

20   regular conference committee meetings, start 

21   hashing these things out, and we needed something 

22   to get the game started.  And that's the whole 

23   point of the resolution as well.

24                There may be other vagaries in the 

25   resolution, but in many cases you'll see that we 


                                                               777

 1   will consider or we would like to negotiate or we 

 2   will -- because that's going to be part of the 

 3   ultimate negotiations.

 4                SENATOR SQUADRON:   If the sponsor 

 5   would continue to yield.

 6                SENATOR DeFRANCISCO:   Yes.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   sponsor yields.

 9                SENATOR SQUADRON:   And forgive me 

10   for being repetitive.  I looked for Bill S6355B 

11   which is referenced here, but it doesn't seem to 

12   exist as of the point that we are being asked to 

13   debate this resolution.  So all I can do is 

14   continue to ask iteratively for further 

15   information.  

16                From the sponsor's answer, I take it 

17   that 6355B or C, whichever version ends up 

18   eventually becoming available sometime after this 

19   resolution is voted for, will not have any 

20   feature on lowering contribution limits for 

21   participants in a public financing system or 

22   lowering contribution limits more generally?  

23                SENATOR DeFRANCISCO:   All I could 

24   tell you, whatever is in that bill, if anything, 

25   it would be no clearer than what this says.


                                                               778

 1                SENATOR SQUADRON:   On the bill, 

 2   Mr. President.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Squadron on the bill.

 5                SENATOR SQUADRON:   I thank the 

 6   sponsor enormously for the frankness of the 

 7   answers.  

 8                And I have to say I think we agree 

 9   that whatever is in that bill, if there's 

10   anything in that bill, I truly believe it will be 

11   no clearer after these questions.

12                (Laughter.)

13                SENATOR SQUADRON:   I think it's 

14   actually no laughing matter, though.  This is one 

15   of the fundamental proposals that the Governor 

16   made this year.  It's a fundamental proposal for 

17   who we are as a democracy.  

18                In this state we have a deeply 

19   broken campaign finance system, contribution 

20   limits that are absolutely shocking and allow 

21   very small numbers of deeply invested interests 

22   to have an outsized influence.  We have little or 

23   no enforcement of the laws that do exist.  We 

24   have loopholes that allow certain corporate 

25   entities to effectively give literally unlimited 


                                                               779

 1   sums of money.  

 2                And we have a specific proposal on 

 3   the table from the Governor -- a very good one, 

 4   in my view; a specific proposal on the table from 

 5   the Assembly -- a very good one, in my view.  And 

 6   in the Senate we have something that will not be 

 7   clear even if there is one day a bill.  

 8                And that's simply not what this 

 9   process is supposed to be about.  This process is 

10   supposed to be about bringing just a little bit 

11   of sunlight, a little bit of public knowledge and 

12   straightforwardness about where each of the 

13   entities that have to negotiate a budget are at 

14   this point in the process.  And on this 

15   fundamental issue of our democracy, 

16   unfortunately, as the sponsor said, we simply 

17   don't have clarity.

18                That is a fundamental problem with 

19   this resolution.  In my view, this is as 

20   important a proposal as any.  I know there are 

21   members of this house who disagree with me.  This 

22   is the point when we should be starting to have 

23   that conversation.  And unfortunately, even here 

24   at nearly 1 a.m., we can't.

25                There are a couple of other features 


                                                               780

 1   of this proposal -- resolution -- that are 

 2   missing what I think is critically important.  

 3   Yesterday we found that in New York City we have 

 4   the highest level of homelessness in the history 

 5   of the city, more children homeless than ever 

 6   before.  We have a proposal in the budget that 

 7   would prevent New York City from creating a 

 8   subsidy program to move people from expensive 

 9   shelters into much more inexpensive and much more 

10   positive permanent housing.  That's not dealt 

11   with in this resolution, despite the crisis in 

12   New York City.  

13                There are programs for emergency 

14   homeless, summer youth employment, settlement 

15   houses, community services for the elderly, and 

16   of course the DREAM Act that we don't see in this 

17   resolution.  

18                And so I really do wish, as late as 

19   it is now, that we had taken just a little more 

20   time to fully complete what we were talking about 

21   tonight and maybe even have the bills that are 

22   referenced in this resolution.

23                So I thank the President and yield.

24                ACTING PRESIDENT GRIFFO:   Thank 

25   you, Senator Squadron.


                                                               781

 1                Senator Peralta.

 2                SENATOR PERALTA:   Thank you, 

 3   Mr. President.  On the bill.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Peralta on the bill.

 6                SENATOR PERALTA:   I'm very 

 7   disappointed that the DREAM Act is not in this 

 8   one-house budget, but I can't say that I'm 

 9   actually surprised.  

10                Despite the fact that the highest 

11   estimate of the DREAM Act's cost would occupy 

12   0.00018 percent of the budget, or 2 percent of 

13   TAP costs; despite the fact that not a single 

14   person currently eligible to get TAP would be 

15   displaced by its passage; despite how easily 

16   $40 million a year was found to pay for public 

17   financing -- I must add, a progressive measure 

18   that I proudly support; despite the fact that 

19   this is a smart investment that will pay future 

20   dividends by helping create the next generation 

21   of taxpayers and business owners; despite the 

22   fact that immigrants are more than twice as 

23   likely to start a business as people born in this 

24   country; despite all the talk of supporting job 

25   creators and small business owners; despite all 


                                                               782

 1   the hardworking young people whose lives you can 

 2   improve with just a single act; despite the fact 

 3   that the vast majority of these Dreamers came 

 4   here at a young age through no choice or fault of 

 5   their own; despite the fact that we don't punish 

 6   children for the actions of their parents in any 

 7   other context; despite the fact that more than 

 8   two-thirds of undocumented immigrants have lived 

 9   in this country for more than 10 years; despite 

10   the fact that the first state DREAM Act was 

11   signed by Republican Governor Rick Perry more 

12   than a decade ago; despite the fact that even as 

13   a Republican presidential primary candidate, 

14   Governor Perry argued that repealing the 

15   DREAM Act will cost the state tens of millions in 

16   tuition fees; despite the fact that I understand 

17   that some of my Republican colleagues wish that 

18   New York was a lot more like Texas when it comes 

19   to guns, taxes, business regulation and energy 

20   policy, and you would think that maybe they would 

21   follow in the footsteps of the Lone Star State; 

22   despite the fact that Mayor Bloomberg said that 

23   our current policy amounts to telling Dreamers 

24   "We're not deporting you, but we're not letting 

25   you succeed here, even though our economy wants 


                                                               783

 1   you and needs you"; despite the fact that 

 2   New York was a leader on in-state tuition for 

 3   immigrants in 2002; despite the fact that the 

 4   2002 bill passed the chamber with the support of 

 5   16 Republicans; despite the fact that just a few 

 6   weeks ago in Washington State, a state senate 

 7   majority coalition made up of Republicans and 

 8   centrist Democrats passed the fourth state DREAM 

 9   Act; despite all the rumors, despite all the 

10   gossip and despite all the innuendos, despite all 

11   of that, in my heart of hearts I wasn't really 

12   expecting some Eureka moment where the Majority 

13   Coalition adopted the DREAM Act and called it its 

14   own.  

15                But even in this dark moment, 

16   there's still hope.  I believe we're closer than 

17   ever to persuading some of you who came in with 

18   an open mind.  We have an Assembly that included 

19   this bill in their one-house budget and a 

20   Governor who has said that he will sign it if it 

21   comes to his desk.  We have two weeks of budget 

22   negotiations ahead and plenty of time to make 

23   sure that the DREAM Act ends up in the final 

24   product.  

25                Most importantly, perhaps, we have a 


                                                               784

 1   commitment from Co-Majority Leader Klein to bring 

 2   this bill to the floor in the Senate.  

 3                I look forward to that day.  

 4   Dreamers look forward to that day.  And I believe 

 5   that it cannot come soon enough.  We have talked 

 6   about this issue, we have spent time on this 

 7   issue.  This is the year we must pass the DREAM 

 8   Act, via budget or a floor vote.  

 9                Let's keep this dream alive, and 

10   let's make this a reality this year.  We've 

11   talked the talk, now let's walk the walk.  We 

12   need to ensure that everyone understands that 

13   this is about ensuring that people become 

14   productive members of society.  And if we have 

15   the votes, let's make sure that we pass the 

16   DREAM Act.

17                Thank you very much, Mr. President.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Espaillat.

20                SENATOR ESPAILLAT:   Thank you, 

21   Mr. President.  On the bill.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Espaillat on the bill.

24                SENATOR ESPAILLAT:   Yes.  I believe 

25   my colleague has just enumerated a great number 


                                                               785

 1   of reasons why we should pass the DREAM Act.  

 2                Back in 2002, when this house was 

 3   fully controlled by the other side of the aisle 

 4   and when we had a Republican Governor, we were 

 5   able to join other states in passing in-state 

 6   tuition.  In-state tuition offers undocumented 

 7   students that have proved that they were either a 

 8   graduate of a New York State high school or a 

 9   recipient of a General Equivalency Diploma the 

10   ability to pay in-state tuition and access higher 

11   education.

12                Many of those students cannot afford 

13   the college costs of tuition and hence are not 

14   able to access higher education and become 

15   productive members of our society.  So although 

16   we were able to successfully pass in-state 

17   tuition back in 2002 with a Republican Governor 

18   and a Republican Senate, we seem to lag behind in 

19   our ability to bring the DREAM Act to the floor.

20                It is a $25 million commitment.  It 

21   is a drop in the bucket.  If we are to discuss 

22   the full content of this budget, we will know 

23   that $25 million is not a lot of money when you 

24   consider the economic benefits that the State of 

25   New York will gain by having hundreds and 


                                                               786

 1   thousands of young people access higher 

 2   education, becoming the professionals of 

 3   tomorrow, taxpaying professionals, to help our 

 4   state.

 5                So I am deeply concerned that it's 

 6   not in the budget.  However, I am hopeful that in 

 7   the couple of weeks that we have through which we 

 8   will negotiate this budget, we will be able to 

 9   bring this act to the floor.  And I hope that all 

10   of us will be here to cast our position on this 

11   vote.

12                With respect to other aspects of 

13   this budget, I am encouraged that there is some 

14   funding available for universal pre-K and 

15   after-school programs.  This is something that 

16   the City of New York has asked for throughout the 

17   last few months.  And this budget begins to 

18   address that need, although it doesn't 

19   necessarily give us details as to which are the 

20   revenue sources to pay for these services.  

21                And so as I did last year, I will be 

22   voting no on this resolution, hopeful that the 

23   DREAM Act will come to the floor and that we will 

24   get greater clarity as to which revenue sources 

25   will be made available to fund universal pre-K at 


                                                               787

 1   $340 million and our after-school programs at 

 2   $200 million for the City of New York.

 3                I will voting no on this bill, 

 4   Mr. President.  Thank you.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Hoylman.

 7                SENATOR HOYLMAN:  Thank you, 

 8   Mr. President.  On the bill.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Hoylman on the resolution.

11                SENATOR HOYLMAN:  It's obviously 

12   late, Mr. President.  And it's been said that we 

13   don't have a lot of details, or many details.  We 

14   certainly don't have the bills to fully debate 

15   this budget resolution.  It's a bit like trying 

16   to debate the meaning of War and Peace by reading 

17   the table of contents.  And that's essentially 

18   what we have here this evening.

19                My colleagues have spoken about 

20   concerns I share:  a lack of mention of the DREAM 

21   Act, apparent inclusion of campaign finance 

22   reform and public matching, but possibly not.  As 

23   Senator Squadron has pointed out, the elimination 

24   of a renters's tax credit.  

25                But I wanted to focus specifically 


                                                               788

 1   on the program called HASA, which is HIV/AIDS 

 2   Services Administration, and what has been known 

 3   in common parlance as the 30 percent rent cap.  

 4                My predecessor, Tom Duane, I know 

 5   that many of you heard him speak on this issue on 

 6   more than one occasion, and he did so rather 

 7   passionately.  I'm not certain I can equal that 

 8   level of passion.  And for you, that might be a 

 9   good thing.  

10                But I wanted to point out that the 

11   budget resolution makes some changes that were 

12   agreed to previously by the Governor and the 

13   Mayor.  They agreed to contribute shared portions 

14   to help fund a program that would cap individuals 

15   who are low-income and symptomatic with HIV/AIDS 

16   to 30 percent of their income.  

17                The budget resolution before us this 

18   evening apparently changes that and allows the 

19   30 percent rent cap to apply to all chronic 

20   diseases.  Which sounds like a great thing, and 

21   I'd be certainly in favor of it, except for the 

22   fact that it doesn't increase the funding.  We 

23   have about $9 million from the state that the 

24   Governor and the Mayor agreed to.  Increasing a 

25   program to include all chronic diseases at 


                                                               789

 1   $9 million simply won't do the job.  

 2                And it's so important, because the 

 3   HASA 30 percent rent cap has been shown to reduce 

 4   HIV transmission.  It's not charity.  These are 

 5   low-income individuals.  They are forced at the 

 6   moment to live on less than 12 bucks a day 

 7   through this program.  And it is the only housing 

 8   program, Mr. President, at either the state or 

 9   the federal level that does not have this 

10   30 percent rent cap.  

11                So we are trying, Mr. President, to 

12   fill a loophole here.  We're not doing anything 

13   special for these people.  We are trying to get 

14   them what everyone else gets in similar housing 

15   assistance programs.  For some reason they were 

16   left out.  It was the 1980s, and I think you can 

17   come to your own conclusion why they were.  

18                But there's another reason, 

19   Mr. President, that this is such an important 

20   program, and it was discussed today at a 

21   symposium on the plan to end AIDS in New York.  

22   And I have to commend Governor Cuomo and Health 

23   Commissioner Shah on their foresight.  They 

24   believe that we can actually eliminate HIV 

25   transmission in New York State, and we can do 


                                                               790

 1   that if everybody who is HIV positive is on 

 2   medication.  

 3                That will occur more readily if 

 4   those individuals are in stable housing.  They 

 5   will take their medications, they can bring their 

 6   viral load down to virtually zero.  That means if 

 7   they have unprotected sex with someone else, that 

 8   individual will not contract HIV/AIDS.  That's a 

 9   remarkable thing.  

10                And studies are showing, time and 

11   time again, that babies whose mothers are HIV 

12   positive, if the mother takes her HIV 

13   antiretrovirals, she will not transmit HIV to her 

14   child.  That's what we can do with adults.  We 

15   can eliminate AIDS from New York State if we 

16   adopt this program in the plan to end AIDS.  

17                So I would urge you, Mr. President 

18   and my friends on the other side of the aisle, to 

19   make certain that we fully fund the HASA 

20   30 percent rent cap program.  It's a matter of 

21   equity for these individuals.  It's a matter of 

22   public health.  

23                And, Mr. President, I'm sure you 

24   appreciate this, it's going to save us money in 

25   the long run.  These individuals will not be in 


                                                               791

 1   emergency shelters, they will not be going to 

 2   emergency rooms, they will be in stable housing, 

 3   taking their medication, getting healthy and 

 4   being less infectious.  That helps all of us.  

 5                Because of these insufficiencies and 

 6   the vagueness that have been pointed out by my 

 7   colleagues, I'll be voting no on the resolution, 

 8   Mr. President.  

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Rivera.

11                SENATOR RIVERA:   Thank you, 

12   Mr. President.  On the resolution.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Rivera on the resolution.

15                SENATOR RIVERA:   Thank you, 

16   Mr. President.

17                Where to begin.  Well, let's start 

18   with the fact that we started this debate at 

19   12:19 a.m.  I think that when we're talking about 

20   this budget resolution, we've got to talk about 

21   the fact that there is a broken process that has 

22   led to a broken product.  

23                The first thing, we started, again, 

24   as I said, at 12:19 a.m.  And we've only had a 

25   couple of hours to look at an incredibly 


                                                               792

 1   complicated resolution, at this point in 

 2   reference to a whole bunch of bills that might or 

 3   might not exist.  

 4                Our good friend Senator DeFrancisco 

 5   earlier referred to a bill that might be written, 

 6   not might not be written, et cetera.  That tells 

 7   you plenty about how the process has been broken.

 8                The fact that anybody on this side 

 9   of the aisle was not even -- didn't even have a 

10   real sense of what was going to be on it until a 

11   few hours ago tells you how much the process is 

12   broken.  

13                And the product itself is broken as 

14   well.  As some of my colleagues have already 

15   discussed, there's no real campaign finance 

16   reform.  There is a paragraph that sounds nice, 

17   but it doesn't really do anything.  It doesn't 

18   refer to a bill that actually exists.  

19                There is no DREAM Act.  And I think 

20   that my colleague Senator Peralta made a very 

21   compelling case about all the conversations that 

22   have been had about the importance of this and 

23   the diminutive cost to the budget, and how big an 

24   impact it would have much.  And more importantly, 

25   how much it's been spoken about, but nothing 


                                                               793

 1   actually happens.  So no DREAM Act in there.

 2                There's no real details on mostly 

 3   anything in this resolution.  And I'm sure that 

 4   when we get the bills, they will be detailed and 

 5   then we will have an opportunity to really have a 

 6   conversation.  But again, no real opportunity for 

 7   many of the folks in this body to even see the 

 8   details, therefore be able to look at them to 

 9   discuss them.  This is supposed to be a 

10   deliberative body.  This process is supposed to 

11   be a better one.  Unfortunately, it is broken.

12                I will highlight briefly a couple of 

13   issues in the health part of the budget and then 

14   I will conclude.

15                But just to talk about yes, there 

16   are a few things in the health part of the budget 

17   that I think are positive.  But when you look at 

18   the fact that on issues of worker wage parity 

19   funding there is a paragraph that speaks about 

20   the concern, but there is really nothing else 

21   there.  

22                The fact that a Basic Health Plan, 

23   the option that was included in the Executive 

24   proposal -- and a good one, I might add -- was 

25   excluded from this one-house.  The fact that, as 


                                                               794

 1   we spoke about earlier, it seems that the 

 2   Majority, the Republican-led Coalition, wants to 

 3   cripple the health exchange by taking the 

 4   Executive proposal of almost $54 million out of 

 5   the one-house.  The fact that $2.5 million for 

 6   Community Health Advocates was taken out.  The 

 7   fact that the private equity demonstration 

 8   program was multiplied from five programs to 

 9   10 programs.  

10                And we've discussed on the floor 

11   here how many of us believe that introducing a 

12   for-profit motive in the healthcare industry here 

13   in the State of New York would be the wrong way 

14   to go.

15                The fact that even though we do 

16   exclude, exempt school-based health clinics from 

17   transition to managed care, which is something 

18   that many school-based-health advocates have 

19   asked for, we do not include school-based mental 

20   health clinics.  So we exclude those folks.  

21                These are just some of the 

22   highlights.  And these are just some of the 

23   things that we were able to look at in the last 

24   couple of hours.  Which by itself should tell you 

25   how, again, this process was broken, the product 


                                                               795

 1   is broken.  

 2                And I would implore our colleagues, 

 3   as we move forward in this, we look at how we can 

 4   include more people in the process, how we can 

 5   actually have a discussion about how do we put a 

 6   budget resolution together and a series of budget 

 7   bills together that actually address the concerns 

 8   of folks in this body and don't exclude so much 

 9   of the conversations that we're supposed to be 

10   having.  And I'm not even getting into the issue 

11   of education funding, whether it's there, whether 

12   it's not there.

13                Ultimately, ladies and gentlemen and 

14   Mr. President, unfortunately, this is a broken 

15   process that led to a broken product, and I will 

16   be voting in the negative on this resolution.  

17                Thank you, Mr. President.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Parker.  

20                SENATOR PARKER:   Mr. President, on 

21   the resolution.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Parker on the resolution.

24                SENATOR PARKER:   Thank you very 

25   much.  


                                                               796

 1                First let me begin by congratulating 

 2   Senator Skelos and Senator Klein and the staff of 

 3   the Senate on their hard work.  We know how hard 

 4   it is to pull all these numbers together, make it 

 5   look like it balanced and kind of, you know, make 

 6   a presentation of this.  And so, you know, I 

 7   think there is an appreciation.  And I think 

 8   people should not take the disagreement or the 

 9   questions as a critique of the amount of work 

10   that went into this process.  

11                I do want to agree with my colleague 

12   Senator Rivera as he critiques the process in 

13   terms of everyone not being part of it, that we 

14   have come to a complete decision with incomplete 

15   participation in the process.  And certainly my 

16   colleagues on this side of the aisle would 

17   certainly like to have more involvement in this 

18   process.

19                I also want to agree with 

20   Senator Peralta as he objected to the lack of a 

21   DREAM Act.  I represent a district, the 21st in 

22   Brooklyn, which is Flatbush and East Flatbush, 

23   Midwood, Ditmas Park, Windsor Terrace and 

24   Park Slope.  And I have a very, very large 

25   immigrant population there.  Certainly a number 


                                                               797

 1   of them would benefit from the DREAM Act.  And I 

 2   really want to, you know, use that notion to 

 3   transition to the main points I want to hit in 

 4   terms of education.  

 5                And the reality is, as I think I've 

 6   said on the floor a couple of times, that 

 7   budgets are not about dollars and cents.  

 8   Budgets are about priorities.  They are about 

 9   values.  It's about what do we say is most 

10   important.  

11                And let me congratulate the Senate 

12   Republicans and the IDC for putting forward, you 

13   know, universal pre-K as an important value.  And 

14   there's a significant amount of money in that 

15   program.  We don't really know whether that's 

16   enough money, but it's certainly a significant 

17   amount of money both for universal pre-K and for 

18   after-school.

19                As someone who has actually carried 

20   the UPK bill for about five or six years, I'm 

21   glad that people have finally come to the party 

22   and realized that this is an important thing that 

23   we do for the young people of our state.  

24                You know, education should be 

25   primary in terms of a value because there's 


                                                               798

 1   literally nothing that we do that is more 

 2   important than educating the populations of our 

 3   districts.  Literally nothing more important.  

 4   That what they refer to in public policy as the 

 5   third-party externalities of education outweigh 

 6   almost every other policy area that you could do 

 7   things with.

 8                So as we talk about things like 

 9   corrections, or we talk about crime, one of the 

10   things that we find is that the population of 

11   people in prison in New York State, over 

12   60 percent of them are actually functionally 

13   illiterate.  Right?  And so one of the things 

14   that we know is that education actually leads us 

15   to a populace that is less invested in criminal 

16   acts to make a living because they're literate 

17   and they have other opportunities.

18                As we talk about the safety net 

19   programs and the things that we do like, like 

20   food stamps and income maintenance, so on and so 

21   forth, we know that people are less dependent, 

22   that actually literally the program that we know 

23   that works the best is in fact giving people 

24   education.  That helps people get off of welfare 

25   and get onto work.  


                                                               799

 1                I sponsor a bill here in the Senate 

 2   that in fact counts college as a work-related 

 3   activity.  As we stand here today, going to 

 4   college is not a work-related activity under 

 5   workfare.  And so you have people literally 

 6   dropping out of college to go clean parks and do 

 7   other things as part of their workfare when in 

 8   fact they ought to be in fact getting more skills 

 9   so they can actually make money in the workplace.

10                As we know, we have an economy 

11   that's moving from Wall Street to Main Street.  

12   In my district the Main Streets are Flatbush 

13   Avenue and Utica Avenue and Church Avenue.  And 

14   we know that to work in this economy, we even -- 

15   you know, one of the things I did when I was 

16   young is I worked in a grocery store.  And I 

17   recently was shopping and was looking at what the 

18   checkout clerk was doing, and I was like, you 

19   know what, I don't know if I could operate that 

20   computer.  You know, I mean it was really 

21   complicated.  

22                So even, you know, jobs that we 

23   think of as, you know, jobs for young people 

24   require college.  You know, we have an Army and a 

25   military now that doesn't necessarily want to 


                                                               800

 1   take people unless they have two years of 

 2   college.  Right?  You know, even the Police 

 3   Department in New York City is looking for two 

 4   years of college.  So it's critical that we in 

 5   fact put as much as money into education as 

 6   possible.

 7                We don't do that -- we do it for UPK 

 8   and we do it for after-school.  We don't actually 

 9   hit the mark as relates to K-12 education.  And 

10   my colleague Senator Krueger mentioned this, that 

11   we only put in about $217 million for K-12 

12   education.  And we put $250 million for private 

13   schools.  And we do a significant amount for 

14   charter schools.  

15                I'm not anti-charter.  I actually 

16   like the notion of charters.  We should continue 

17   to do charters.  In fact, I was part of the 

18   Democratic majority in this body that adjusted 

19   and reformed charter schools in this state and 

20   increased the cap in order for us to win the 

21   $770 million for Race to the Top.  Right?  So, 

22   you know, this is not an anti-charter 

23   conversation.

24                However, you know, when we look at 

25   charters, they're a microsolution.  And, you 


                                                               801

 1   know, I'm not trying to be diminutive.  It's just 

 2   when you look at the numbers, there are so few 

 3   people -- you know, only so many young people in 

 4   charters.  In New York City we have 1.2 million 

 5   school kids going to school tomorrow morning.  

 6   Right?  When we're leaving here, they'll be on 

 7   their way to school.

 8                (Laughter.)

 9                SENATOR PARKER:   But when we talk 

10   about charters, if we took every charter and put 

11   it in New York City, it would only be about 

12   70,000 kids.  

13                What are we talking about?  How do 

14   you in fact put the same amount of money into 

15   70,000 kids that you put into 1.3 million kids?  

16   It just doesn't -- you know, it doesn't -- it 

17   doesn't add up in terms of the needs.

18                There's also some other parts of 

19   this that don't quite jibe where we in fact give 

20   charter schools the ability to check off on 

21   collocations and don't give regular public 

22   schools those same kind of options in terms of 

23   collocations.  These are things that we need to 

24   work out.  And really, we've created a civil war 

25   in our communities over education.  And it really 


                                                               802

 1   is one that we have enough strife in our 

 2   communities that this is one that we certainly 

 3   don't need.

 4                And so I ask, as we go forward past 

 5   this process of a resolution, that these are 

 6   things that I would like to work with my 

 7   colleagues in this house around correcting so 

 8   that we can get it right when the actual budget 

 9   gets brought to the floor.

10                But, you know,  people in this house 

11   know that I am an avid and staunch -- avid, 

12   staunch, all of those things, all right, around 

13   Campaign for Fiscal Equity.  Right?  We don't 

14   really even -- you know, we started on the path 

15   of dealing with it.  I've been somebody who said 

16   that we should in fact provide more money for 

17   high-need districts from Brooklyn to Bath to 

18   Brookhaven, you know, to Buffalo, across the 

19   state.  And so I -- you're laughing.  You don't 

20   think I know where Bath is?  

21                You know, it's important that we 

22   provide for all the high-needs districts.  And I 

23   think that we put money into CFE not just for 

24   New York City, although that's where the problem 

25   originally started.  But I think that we have to 


                                                               803

 1   educate every single child in the State of 

 2   New York, and particularly in high-needs 

 3   districts.  

 4                And as much as sometimes I think 

 5   there is a disagreement about this, we really 

 6   know that there is a strong correlation between 

 7   the dollars that we put into education and the 

 8   educational outcomes of the young people across 

 9   the state in terms of a sound basic education.

10                And so I'm hoping that some of these 

11   things that I'm pointing out give us an 

12   opportunity to reflect as we move forward through 

13   this budget process.  I think there's a lot of 

14   good things in this budget, but I think it 

15   doesn't go far enough on a lot of things that are 

16   important, and particularly in education, which I 

17   think ought to be the number-one thing that we 

18   do.  

19                It's kind of like, again, when we do 

20   your budget at home -- my father used to always 

21   tell me, "You pay your rent first.  Because 

22   people may not know if you're hungry, but they 

23   always know if you're homeless."  Right?  And so 

24   you pay your rent first.  

25                And we are saying that our 


                                                               804

 1   budgets are about our values.  We pay for 

 2   education first.  And then we decide, you know, 

 3   what else we fund.  

 4                I see young people coming up here 

 5   fighting for dollars for education, dollars for 

 6   TAP, dollars for Opportunity Programs and SEEK, 

 7   and they're here with tears in their eyes talking 

 8   about the opportunity that they've come to get.  

 9   And they are pleading for help to reach that 

10   opportunity.  

11                I have never seen a corporate 

12   executive in here with a sign talk about "Please 

13   give us tax cuts."  But we give them tax cuts 

14   like this {snapping fingers}, just out of hand.  

15                And this budget is replete with 

16   those things.  I think that we need to continue 

17   to not put profits over people.  I do think that 

18   we have to have -- you know, create jobs.  But we 

19   have to also understand the real facts.  And the 

20   fact of the matter is that large corporations do 

21   not make decisions on where to locate their 

22   corporations based on tax breaks.  It's not what 

23   they do.  They look for an educated and 

24   well-trained workforce, they look for housing, 

25   they look for infrastructure.  And tax breaks are 


                                                               805

 1   way down on the list.

 2                So that we ought to be investing in 

 3   our workforce, giving them more skills, and not, 

 4   you know, out of hand giving these tax breaks to 

 5   large corporations.

 6                So you ask me, Where do we get the 

 7   money from, Senator Parker?  I'm glad you asked 

 8   that question.  In the Governor's budget and that 

 9   is carried over in this resolution that we are 

10   voting on tonight, the Governor is proposing to 

11   eliminate the stock transfer tax.  

12                Some of you may remember that the 

13   stock transfer tax was a tax that was added to -- 

14   it's essentially a sales tax on the stock 

15   exchange.  And it was added during the rough 

16   times in the '70s in New York City, and it was 

17   used to capitalize the MAC bonds.  Now, the 

18   Governor's argument I guess is that, you know, 

19   now that the MAC bonds have come to maturity, 

20   that we no longer need the tax.  

21                This is a common-sense thing that we 

22   ought to hold onto in order to fund important 

23   things in our state.  Currently it's literally a 

24   cent and a half per share capped at $150 per 

25   transaction.  So if you buy a million shares, 


                                                               806

 1   you're never going to pay more than $150 on a 

 2   transaction.  Right?  

 3                The beauty of the stock transfer tax 

 4   is that 95 percent of the people who pay the tax 

 5   don't live in the State of New York.  Right?  And 

 6   some people say, "Oh, if you start taxing the 

 7   exchange, they'll move to Jersey."  And the day 

 8   after they move to Jersey, Jersey will have a 

 9   stock transfer tax.  

10                Every major exchange in the world 

11   has sales tax on those transactions, every single 

12   one.  And you don't have to take my word for it, 

13   you can take Nobel economist Stiglitz on his 

14   report that says we ought to be collecting some 

15   portion of it.  I'm not saying collect the whole 

16   cent and a half.  Let's collect 20 percent of it.  

17   If we'd have collected it last year, we'd have 

18   brought in about $18 billion to the state.  

19                I don't know about you, but some of 

20   the things I think are important for the state 

21   could have used the extra 18 bill.  But if we 

22   collected about 20 percent, we could have gotten 

23   upwards of $3 billion in the state.  That's more 

24   than enough to fund CFE and many of the other 

25   things.  We might not even need to do casino 


                                                               807

 1   gambling in the state.

 2                And so this is one of the things I'm 

 3   hoping that we will look at as a revenue option 

 4   as opposed to what we are currently proposing in 

 5   the budget.  

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Stavisky.

 9                SENATOR STAVISKY:  Thank you, 

10   Mr. President.  On the bill.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Stavisky on the resolution.

13                SENATOR STAVISKY:  I'm sorry, on the 

14   resolution.  I apologize for the oversight.

15                There are a number of issues here 

16   that I think are important.  There are some good 

17   things in the resolution, without doubt.  But 

18   let's take a look at some of the higher ed 

19   issues.

20                Starting with the City University of 

21   New York, there's a provision where, under the 

22   capital projects, City University of New York, 

23   the four-year colleges receive an additional 

24   $700 million for strategic initiatives.  A 

25   similar appropriation is there for SUNY.  And the 


                                                               808

 1   SUNY appropriation has a provision for the 

 2   community colleges, but there's no provision for 

 3   the community colleges at CUNY.

 4                Secondly, this resolution denies the 

 5   $8 million for the STEM scholarships.  In an 

 6   increasingly technological society, to provide 

 7   what ought to be provided, we ought to be 

 8   providing funding for the science, technology, 

 9   engineering and math subjects.

10                In the Article 7 language, Part 5, 

11   under Senate 6357B, as Senator Krueger indicated, 

12   the Senate advances language to increase the 

13   maximum TAP award.  But it advances the language 

14   without the money.

15                If you take a look at Part 10 in the 

16   same bill, the Senate advances language that 

17   allows for prepayment or for programs similar to 

18   the 529 College Fund.  We tried that with 

19   New York Helps a number of years ago, and it 

20   didn't work out.

21                If you take a look at the Homeland 

22   Security and Emergency Services Division, there's 

23   an appropriation or a modification of the 

24   Executive's recommendation of $137 million for a 

25   College of Emergency Preparedness in Syracuse.  


                                                               809

 1                But SUNY has two programs already 

 2   existing for emergency preparedness, one at the 

 3   State University at Binghamton, where they have a 

 4   graduate program in disaster management 

 5   certificate, a graduate program already existing.  

 6   And at the University of Buffalo they have a 

 7   world-renowned program called MCEER at the 

 8   University of Buffalo, which was originated by 

 9   the National Science Foundation and receives a 

10   great deal of support from federal agencies.  

11                So much as I respect Syracuse -- I 

12   think it's a a wonderful institution, the best, 

13   since Senator DeFrancisco and I are both alumni.  

14   However, I think we ought to be supportive of our 

15   existing SUNY campuses.  

16                Under the State University budget 

17   and the state operations, they restore 

18   $18.5 million for SUNY Upstate and Stony Brook 

19   Hospitals.  But I say to my friends, you forgot 

20   to include Downstate.  They are experiencing some 

21   difficulties also.

22                There's some vague language here 

23   also.  In the Article 7 proposals in Part S and 

24   Part T, the Senate advances language requiring 

25   SUNY to report on economic development 


                                                               810

 1   activities.  And they advance language to study 

 2   university centers.  We don't need to advance; we 

 3   need to sustain and improve.

 4                Part Y of the Article 7 talks about 

 5   advancing language to develop additional 

 6   workforce development opportunities to target 

 7   unemployed populations.  I have no idea what that 

 8   means.

 9                Part Z, advancing language to work 

10   in conjunction with SUNY to develop an 

11   accelerated proficiency degree.  And the 

12   Article 7 in the same bill talks about modifying 

13   the Executive proposal to limit participating 

14   nurse practitioners to only three areas, of 

15   primary care, mental health and women's health.  

16   And if you take a look at the scope of practice 

17   issues that limit what a nurse practitioner can 

18   do, we are limiting them to three areas when they 

19   have a whole wide range of areas where they can 

20   practice their craft and help people.

21                The same Article 7 language, the 

22   Senate accepts the Executive proposal to extend 

23   the HECAP program for three years.  HECAP is a 

24   matching fund for private institutions to 

25   construct buildings.  And where's the funding?  


                                                               811

 1   They're about to run out of funds.

 2                So these are some of the concerns we 

 3   have in the higher education budget.  And let me 

 4   add that the DREAM Act is extremely important to 

 5   so many, many young people.  It's an opportunity, 

 6   it's an investment.  And as someone whose 

 7   district includes 55 percent Asian-Americans, on 

 8   their behalf -- they are here, they're living 

 9   throughout the state, and they deserve the same 

10   opportunity for advancement as everybody else.

11                So again, I thank you, 

12   Mr. Speaker -- Mr. President.  And it seems to me 

13   that I would not be making these mistakes if it 

14   were not 1:30 in the morning.

15                Thank you.

16                ACTING PRESIDENT GRIFFO:   Thank 

17   you, Senator Stavisky.

18                Senator Hassell-Thompson.

19                SENATOR HASSELL-THOMPSON:   I hope I 

20   can get up.  

21                Thank you, Mr. President.  I rise to 

22   speak on the resolution.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Hassell-Thompson on the resolution.

25                SENATOR HASSELL-THOMPSON:   Thank 


                                                               812

 1   you.

 2                Under the heading of judiciary, the 

 3   comment that I would like to make is that while 

 4   the Senate concurs with the Executive's 

 5   recommendation of $1.75 billion, it's with the 

 6   belief that $17 million of this increase for 

 7   indigent legal services in New York City should 

 8   be reduced for the purpose of staying within the 

 9   Executive's recommended cap of a 2 percent 

10   spending increase.

11                The Coalition proposal in this 

12   matter is a direct attack on the case cap relief 

13   that was codified in 2010.  Case caps, for those 

14   who may not be familiar, is a term that's used to 

15   describe the numbers of cases that the New York 

16   City public defenders carry at any given time.  

17                The necessity for case caps was a 

18   significant issue in the Kaye Commission's report 

19   to the Legislature and a major legal issue in the 

20   Hurrell case now pending in our courts.  What 

21   Hurrell says is that New York State is in 

22   violation of an individual's right to effective 

23   counsel.  In other words, Hurrell argues that 

24   New York State violates Gideon v. Wainwright.  

25                The 2010 legislation provides that 


                                                               813

 1   case caps be phased in during a three-year 

 2   timetable.  This year's OCA budget represents the 

 3   final phase of funding that's necessary to place 

 4   case caps in constitutional compliance.  I 

 5   recommend, therefore, that we support the OCA 

 6   budget as presented and reject the Coalition's 

 7   proposal, as it seeks to undermine the 

 8   constitutional right to effective counsel.

 9                Under the Article 7 proposals, 

10   Part K, the Senate advances language citing the 

11   presumption that the possession of 50 or more 

12   individual packets of heroin and/or an amount of 

13   heroin with an aggregate value of at least $300 

14   is possession with intent to sell, making it a 

15   B felony.

16                Currently when we speak of what 

17   makes a drug charge a felony or a misdemeanor, we 

18   look to the Penal Law.  And historically the 

19   Legislature has made that distinction based on 

20   weight.  Penal Law 220.16 spells out the kinds of 

21   drugs and the weight necessary to make possession 

22   a felony.  The Coalition proposal changes this 

23   time-tested standard from weight to packaging and 

24   the presumed value of the drugs possessed.  

25                I ask that we reject this proposal 


                                                               814

 1   because the value of drugs changes from street to 

 2   street, city to suburb, making the concept that 

 3   you're proposing subjective.  Using the number of 

 4   packets, although valuable at first glance, fails 

 5   to objectively tell us who is really selling and 

 6   who is really using, thus perhaps making a 

 7   misdemeanor conduct a felony.

 8                I appreciate the well-intended need 

 9   to respond to the high rise in heroin use and 

10   overdoses.  But this knee-jerk response is 

11   inconsistent with well-thought-out public policy 

12   that that body has developed.

13                Under the creation of gun offense 

14   and violent felony offender database, to me it's 

15   just another word for registry.  Because 

16   currently the Office of Court Administration has 

17   a judicial responsibility to record all criminal 

18   convictions in the State of New York.  They know 

19   how many people are convicted of violent felonies 

20   and nonviolent felonies.  They know how many 

21   people are convicted of gun charges, misdemeanors 

22   and felonies.  The Department of Corrections and 

23   Community Supervision also knows what each inmate 

24   is convicted of and what the sentencing is that 

25   they receive.  


                                                               815

 1                Thus, why spend $2.5 million when we 

 2   have two major institutions which already possess 

 3   the information that this proposal asks for?  Why 

 4   2.5 million?  Just think how many pre-K programs 

 5   we could fund with that money.

 6                I do not understand why a duplicate 

 7   database is needed.  And I want to know who wants 

 8   the database, who will have access to it, and for 

 9   what purpose do they intend to use it.  I do not 

10   believe that the case has been made for this 

11   budget item, and therefore I ask that we reject 

12   it.

13                Under the Division of Criminal 

14   Justice Services, a $5 million matching grant for 

15   the School Resource Officer Program.  I support 

16   this budget request, with the caveat that this 

17   program be required to incorporate cultural 

18   sensitivity training for all school resource 

19   officers, especially given the incident which 

20   occurred a few weeks ago between the Mahopac and 

21   Mount Vernon basketball teams and the behavior of 

22   the police in that situation.  I believe that 

23   cultural sensitivity is needed more now than 

24   ever.

25                My final concern with this budget is 


                                                               816

 1   that the Coalition budget rejects Governor 

 2   Cuomo's proposal to provide college courses to 

 3   inmates in 10 of our state prisons.  Governor 

 4   Cuomo's proposal talks about investing $5,000 to 

 5   save the taxpayers $60,000 a year.  That's the 

 6   cost of housing a person in the state prison 

 7   today.

 8                The $5,000 investment makes sense to 

 9   me primarily because if you look at the 

10   statistics of recidivism in the general 

11   population, you will find that that recidivism 

12   rate is at 40 percent.  For those who have gone 

13   through the existing programs that Bard already 

14   provides in our prisons, we're finding that the 

15   recidivism rate for that population is 4 percent.  

16                Imagine making a wayward person an 

17   enlightened person.  Just imagine reducing crime 

18   and making our streets safer.  The Governor's 

19   proposal is smart.  The Governor's proposal is 

20   fiscally prudent.  Rejecting this proposal is not 

21   smart, nor is it fiscally prudent.  

22                Thank you, Mr. President.

23                ACTING PRESIDENT GRIFFO:   Thank 

24   you, Senator Hassell-Thompson.

25                Senator Smith.


                                                               817

 1                SENATOR SMITH:   Thank you very 

 2   much, Mr. President.

 3                And I too, as my colleague Senator 

 4   Parker indicated earlier, want to --

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Smith on the resolution?  

 7                SENATOR SMITH:   On the resolution.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Smith on the resolution.

10                SENATOR SMITH:   -- want to thank 

11   the staff on both sides, all three staffs, for 

12   the effort and the work that they put in.  As one 

13   who had the opportunity to negotiate and put 

14   together several budgets, I too understand the 

15   time and effort it takes from you and your 

16   family.  

17                And I also understand what this 

18   one-house resolution means, given that we still 

19   have some ways to go as it relates to our 

20   mothership, as it relates to negotiations with 

21   leadership, with the tables, chairpersons, the 

22   Mayor's office in New York City, mayors' offices 

23   around the state, and the like.

24                There are a number of items in this 

25   one-house that represent a lot of effort and 


                                                               818

 1   thought went into this, a lot of effort to try to 

 2   accommodate everyone in this room.  And while we 

 3   don't have 63 members, we do have several 

 4   ideologies that require massaging to the extent 

 5   that they feel they've been heard.

 6                Higher education, you have 

 7   $700 million for a strategic initiative for 

 8   four-year campuses.  That's a good idea.  Under 

 9   criminal justice, there's the new program called 

10   GIVE, which is also aligned with the program 

11   called SNUG, that provides some incentive for 

12   public safety.  That's a good idea.  

13                There was language about campaign 

14   finance.  I do understand that that has been 

15   vague, only because this is a resolution that 

16   represents the beginning of a process.  So that 

17   is one of the first steps towards what could be a 

18   tremendous accomplishment for this body.

19                Environmental conservation, the 

20   Environmental Protection Fund, up to 

21   $200 million, an additional $43 million.  That's 

22   a good idea.

23                Many people talked about UPK, 

24   $540 million, we talk about for five years.  That 

25   is also a good idea.  


                                                               819

 1                Some have challenges with the 

 2   charter school concepts that were placed in this 

 3   resolution.  I think they were placed fairly.  An 

 4   I also believe the intention of making sure that 

 5   our public schools have similar coverage for 

 6   expenses as it relates to assisting our young 

 7   people will be in the final product.  So I too 

 8   think that's a good idea.

 9                AIM funding, something that we have 

10   not gotten for quite some time in New York City.  

11   Something that we've asked for for quite some 

12   time.  I see $200 million.  I believe the Mayor's 

13   office, who I had a slight conversation with, 

14   think that is also a good idea.

15                 Under health, which is particularly 

16   important to the district that I represent, given 

17   the number of hospitals that have closed, you 

18   have a $1.2 billion capital restructuring program 

19   and also, which I think is creative, a private 

20   equity demonstration project providing private 

21   equity into healthcare facilities.  I think that 

22   is also a good idea.

23                I'm glad to see that there is 

24   restoration around Neighborhood Preservation 

25   Programs, Rural Preservation Projects.  That is 


                                                               820

 1   important.  Happy to see there is an Affordable 

 2   Housing Task Force for underutilized public 

 3   property, which I think is a good idea.

 4                Mitchell-Lama 2020, I'm sure Senator 

 5   Ruth Hassell-Thompson, as I do, along with 

 6   Senator Sanders, who has a number of Mitchell 

 7   Lamas in our area, think that is a worthy concept 

 8   to pursue.  

 9                Our family judges, Family Courts in 

10   particular, neighborhoods of color need more 

11   family judges.  As you know, Judge Lippman, this 

12   is one of his star concepts that I think also is 

13   a good idea.

14                Increasing the threshold for 

15   individual taxpayers who need to file, which will 

16   reduce that number, I think is a good idea.  

17                Enhancing the Youth Work Tax 

18   Credits, while some may think it may challenge 

19   those who look for employment, I think also is a 

20   good idea.

21                Angel Investment Tax Credits to 

22   encourage small business investment, smart, makes 

23   sense, helps employment.  Another good idea.

24                College graduates.  Being allowed to 

25   take 5K of their personal income tax to use for a 


                                                               821

 1   down payment for their home at some point in the 

 2   future.  Sensitive good idea.

 3                Additional tax credits for 

 4   businesses located in incubators.  Also a 

 5   long-term challenge, but a good idea.

 6                With that in mind, allow me to share 

 7   some thoughts that I have that might be a good 

 8   idea, something that I hope you will think about 

 9   as we go forward.  

10                Senator Peralta, Senator Espaillat 

11   talked about the DREAM Act.  Twenty million 

12   dollars perhaps was the cost of that idea, less 

13   than 2 percent of what TAP would cost.  I do 

14   hope -- and I'm encouraged by Senator Klein's 

15   effort to put the DREAM Act in place.  I would 

16   submit to you that is also a good idea.

17                You denied the SHIN New York 

18   program, which is State Health Info Network, a 

19   $55 million idea.  I would ask your consideration 

20   to restore that, in particular because of the 

21   number of hospitals in the district that I 

22   represent in Queens that we have lost, four.  I 

23   would hope you would revisit that.  

24                Kevin Parker I think talked about 

25   the homeless.  We think that is good idea.


                                                               822

 1                Tax credits for renters.  Depending 

 2   on your geographic location, it may be a little 

 3   challenging to understand the significance of 

 4   what that does for young people who are coming 

 5   out of college and may receive an income that 

 6   does not give them a fair amount to purchase a 

 7   home.  That personal renters tax credit I believe 

 8   is a good idea.

 9                Thruway Authority.  For those who 

10   understand real estate development and 

11   construction, you took away the design/build 

12   portion of that.  And as you know, we go forward 

13   with what's hoped to be an infrastructure bank 

14   that Senator Fuschillo was working on before he 

15   left.  I hope you will recognize the prudentness 

16   of this concept.  And that too is a good idea.

17                Senator DeFrancisco, let me 

18   congratulate you on the time and effort your 

19   staff put in.  Senator Liz Krueger, let me 

20   congratulate you on the effort and time that your 

21   team put in.  Senator Klein, Senator Valesky, let 

22   me congratulate you on the time that you put in.  

23                I do hope in reviewing the 

24   transcript that you recall the number of items 

25   that I expressed as a good idea.  The ideas that 


                                                               823

 1   I expressed to you wasn't expressed out of 

 2   emotion, wasn't expressed out as a challenge to 

 3   say there was a deficiency in anyone's effort.  

 4   It was simply expressed to you as a logical 

 5   concept that has come about through tremendous 

 6   deliberation, as I said during the Finance 

 7   Committee meetings with Liz and 

 8   Senator DeFrancisco, 90 percent of them through 

 9   the entire time.

10                 So the suggestions that I offer is 

11   an amalgamation of not only the Minority but the 

12   Majority and the Independent Conference.  Which 

13   means that if you put all three together, you 

14   come up with a concept that is also a good idea.

15                Thank you, Mr. President.

16                ACTING PRESIDENT GRIFFO:   Thank 

17   you, Senator Smith.  

18                Senator Krueger.

19                SENATOR KRUEGER:   Thank you very 

20   much, Mr. President.  On the bill.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Krueger on the resolution.

23                SENATOR KRUEGER:   Oh, excuse me, 

24   the resolution.  That's right, we are still 

25   looking for those bills that don't exist, 


                                                               824

 1   apparently.

 2                So my colleagues brought up so many 

 3   important issues, but some still were not 

 4   covered.  But I just want to go back for a minute 

 5   to highlighting we don't have budget bills, we 

 6   have vague language in a 55-page resolution that 

 7   we got way too recently.  My colleagues say that 

 8   this proposed spending plan adds up, but it 

 9   doesn't.  

10                I just wanted to highlight the 

11   capital.  They say there are no adds to capital, 

12   there are $234 million reductions in capital.  

13   And yet when I go through the capital section of 

14   the resolution, while I do find out that it zeros 

15   out capital money for parks -- which I have to 

16   say disturbed me immensely, we zero all out all 

17   capital funds for our park system.  

18                And it cuts, as Senator Toby 

19   Stavisky highlighted, two $55 million capital 

20   proposals, one for SUNY, one for CUNY.  And I 

21   agree that was wrong to cut those.  But she 

22   pointed out it appears in the resolution we have 

23   these other lines, $700 million in new capital 

24   for CUNY, I think 1.2 billion new capital for 

25   SUNY.  Well, I would think everyone would be very 


                                                               825

 1   excited about that.  I got calls from colleges 

 2   just earlier this evening saying "Oh, my God, we 

 3   are so desperate for capital."

 4                Except by my colleagues' own 

 5   financial plan that attaches to their resolution, 

 6   they don't have any money there.  They just have 

 7   lines without the money because they don't add 

 8   $2 billion for capital for our higher education 

 9   universities.  So I don't know why it says we're 

10   adding it when we're not.  Just continuing my 

11   theme of things we say we're taking care of -- 

12   TAP, EPIC, more funds for public education -- but 

13   we're not.  

14                And in fact, we're living in a state 

15   where 69 percent of our school districts are 

16   operating with less state aid than 2009-10, five 

17   years ago; 62 percent have less state support 

18   than in 2008-2009.  We have school districts 

19   laying off teachers.  We have school districts 

20   maxed out on any previous revenue they might have 

21   been putting in a rainy day fund for problem 

22   times.

23                But charters, which in fact are 

24   getting more money than public schools as 

25   increases, charter audits show that the state's 


                                                               826

 1   charter schools are sitting on more than 

 2   $135 million in cash and $188 million in 

 3   restricted net assets.  That's all taxpayers' 

 4   money.  They're sitting with these huge bank 

 5   accounts, but this plan gives those 3 percent of 

 6   students in those schools more than the 

 7   97 percent of students in school districts 

 8   throughout the state who are desperately hurting 

 9   for funds.  I don't get it.  

10                And on top of that, in this 

11   resolution we have this fascinating 100 percent 

12   tax credit for the wealthiest New Yorkers that 

13   we're calling an education tax credit.  And we 

14   even have a lot of religious school and private 

15   school parents out there convinced that this is 

16   going to help their kids.  It's not.  It just 

17   allows the wealthiest people to write off 

18   75 percent of what they owe the State of 

19   New York, dollar for dollar, and give it 

20   somewhere, perhaps the wealthiest school in the 

21   state.  

22                And I can guarantee you that money 

23   will all be used up by 10 to 15 people zeroing 

24   out -- oh, excuse me, 75 percent zeroing out 

25   their tax bill for years to come.  At the same 


                                                               827

 1   time as we're seeing so much suffering going on 

 2   in our public schools.

 3                And then in this resolution also, 

 4   we've developed the fascinating and I would even 

 5   argue radical notion from my colleagues that 

 6   after years of supporting mayoral control for 

 7   New York City -- even at times where I had 

 8   difficulty supporting the language of bills we 

 9   passed in this house providing perhaps too much 

10   power to the mayor of New York City -- so with 

11   all the support we always had, suddenly in this 

12   resolution we're taking that power away from this 

13   mayor when to comes to charter schools.  

14                This language would require school 

15   districts to permit any charter school using a 

16   school district building to use the building 

17   without cost, even if they've got hundreds of 

18   millions of dollars socked away in excess assets.  

19   Even if in my own district, not a poor district, 

20   we have had to suffer waiting lists for 

21   kindergartens.

22                This resolution would require the 

23   City of New York to provide facilities aid to 

24   those charter schools that are adding grades, 

25   opening new charters, who lose use of public 


                                                               828

 1   school districts.  But if we can't do it for the 

 2   public schools, why should we be making the mayor 

 3   do it for the charter schools?  Which, again, 

 4   serve a small percentage of the total number of 

 5   children in New York public schools.

 6                It would authorize charters approved 

 7   by the Department of Education to apply to any 

 8   charter entity for oversight and supervision.  

 9   We're supposed to ensure, under law, that 

10   New York City has the ability to review, 

11   authorize or disapprove individual charters 

12   because it's public education money and they are 

13   responsible for education, whether it is in a 

14   charter or any other type of public school.  But 

15   suddenly we take away that power from them just 

16   for charter schools.

17                It would require that an authorized 

18   charter school must consent to any significant 

19   change in collocation arrangements, including any 

20   collocation arrangements approved before 2014.  

21   Well, if you come from New York City you know 

22   about the fights over land use, you know about 

23   the fights over space in schools.  It is a very 

24   delicate balance.  You have to ensure that the 

25   City of New York has the ability to make its own 


                                                               829

 1   decisions and the right decisions for 100 percent 

 2   of the schoolchildren in New York City and not to 

 3   give special exemptions for charters.

 4                There are so many things that are 

 5   wrong here, or unknown here.  There's a slew of 

 6   items with no explanation, no amount of money, 

 7   vagaries such as the campaign finance reform, 

 8   that discussion that my colleague led before.  I 

 9   do think it's fascinating, while there's no 

10   details on campaign finance, there is a detail 

11   here cutting the funding for the Moreland 

12   Commission so that it can't continue its work 

13   when it's investigating what we do here.  That 

14   we're going to cut the funding for, we know, but 

15   we don't know exactly what we'll do about the 

16   Governor's proposal for campaign finance reform 

17   and stronger investigative authority by the Board 

18   of Elections.

19                We are cutting the actual money for 

20   Mitchell-Lama preservation, but we have this 

21   fabulous dream list of every other housing 

22   capital program -- oh, yeah, we don't have them 

23   in the capital plan either that was offered here 

24   tonight, and we don't really have the money.  But 

25   it's nice that that's a glorious proposal without 


                                                               830

 1   money while the one line item for capital for 

 2   improving Mitchell-Lamas is cut.

 3                We have a proposal to expand VLTs on 

 4   Long Island by double the amount currently, to 

 5   create two casinos, one in Kennedy Airport and 

 6   one in LaGuardia Airport.  We don't actually own 

 7   those.  We'd better check with the Port 

 8   Authority; just curious.  But nonetheless, I can 

 9   guarantee you any time you increase the casinos 

10   in the Long Island/Queens area, you're decreasing 

11   the take from the existing sites in the New York 

12   City area.  

13                And I'm just really curious because 

14   I thought for sure we just all agreed -- even if 

15   I didn't, we all just agreed to four casinos 

16   upstate, not in New York City or Long Island.  

17   But here we are radically expanding VLT casinos 

18   in this one-house resolution in New York City and 

19   Long Island.

20                And even though I'm highlighting 

21   that we have to explain where the money is coming 

22   from and this proposal doesn't, we could have 

23   explored billions of dollars of tax expenditures 

24   we never evaluate, have been documented as to not 

25   be in the best interests of the people of 


                                                               831

 1   New York, and yet year in, year out, budget 

 2   resolutions, budget bills, we never ask the hard 

 3   questions about why are certain people not having 

 4   to pay their taxes when other people do.

 5                So at best, this is a shopping list 

 6   with no budget legitimacy.  More realistically, 

 7   it's a classic Albany scam designed to make 

 8   everyone think they should be happy without 

 9   answering any of the important questions, like 

10   how will I pay for this.  

11                I've been here since 2002, I've 

12   learned a lot.  But one thing I've learned for 

13   sure, no question about it, is that when a 

14   complex yet detail-free proposal comes out late 

15   in the day and you're told you're going to come 

16   to the floor to vote for it late at night or 

17   2 o'clock in the morning when the public and the 

18   press are asleep, you know you're being fed 

19   something really fake and filled with poison 

20   pills.  

21                Now, the good news is this is just a 

22   one-house gimmick and not the actual budget.  And 

23   you can safely assume it is both a gimmick filled 

24   with poison pills.  So I'll be voting no.  I hope 

25   my colleagues on both sides will recognize they 


                                                               832

 1   should vote no.  Of course everyone's hoping the 

 2   press doesn't notice who votes what.  

 3                And I hope that when an actual set 

 4   of budget bills come to the floor of this house 

 5   in the next couple of weeks, we and the people of 

 6   New York have an opportunity to review those 

 7   budget bills, real bills with real numbers 

 8   attached, with adequate time to understand what's 

 9   in them and what's not in them.  Because that 

10   isn't what happened here tonight.  

11                I vote no, Mr. President.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Stewart-Cousins.

14                SENATOR STEWART-COUSINS:   Thank 

15   you, Mr. President.  

16                I think that you've heard my 

17   colleagues speak very, very eloquently about what 

18   is and is not in the resolution before us.  And I 

19   too want to thank all of our staffs for working 

20   so hard.  Clearly the Majority Coalition spent a 

21   lot of time trying to create what at this point, 

22   frankly, is a wish list for New York State.

23                And certainly the colleagues on our 

24   side -- who received this at around 5:00 -- 

25   worked our staff very, very hard in order to get 


                                                               833

 1   the analysis so we would be able to stand here 

 2   and discuss the various areas that we discussed.

 3                Clearly there are things we all 

 4   wanted to see, and we are happy we see them.  

 5   Clearly UPK was one of those things.  The mayor 

 6   for New York City, Mayor de Blasio, certainly put 

 7   that on the map.  And you heard Senator Parker 

 8   say that this has been something that has been 

 9   ruminating for quite some time.  Our conference 

10   stood steadfastly for UPK and its inclusion as 

11   well as a sustained way to pay for it.

12                The beginning is here.  We're not 

13   sure, based on what we've had an opportunity to 

14   look at, exactly how much is coming from where.  

15   That I'm sure will be fleshed out in the next two 

16   weeks.

17                The campaign finance reform which we 

18   cared so much about is kind of in here.  I think 

19   that Senator DeFrancisco in a -- I won't say a 

20   rare moment of frankness, because he is always 

21   frank and straightforward, was very clear that 

22   this was not really what we'd like it to be.  It 

23   is a declaration that we'll talk.

24                In fact, what he said I think 

25   dictates what we all feel in the absence of bills 


                                                               834

 1   that go along with this list of things we'd like 

 2   to do.  What he said is:  "Whatever is in the 

 3   bill, if anything, it will be no clearer than 

 4   what is in this resolution."  I want you to hear 

 5   that.  "Whatever is in the bill, if anything, 

 6   will be no clearer than what is in this 

 7   resolution."  

 8                So today we stand here talking about 

 9   great things for New York and wondering still how 

10   we're actually paying for it and what it really 

11   means, because right now it's just not clear.  

12   It's not clear that we are spending more for 

13   education for everybody in this state, which we 

14   all care about, than for the 3 percent of 

15   children who go to charter schools.  It's not 

16   clear when we defund, say, even a Mitchell-Lama 

17   program and we say that we're going to pay it 

18   from other funds that we're not really clear 

19   where they're coming from, that it will happen.

20                And frankly, as one of two Senators 

21   who represent the City of Yonkers, it's not clear 

22   how we as a legislative body, for example, can 

23   advance language for mayoral control without 

24   including the stakeholders in the city or the 

25   parents or anybody else.  In New York City it 


                                                               835

 1   took years of discussion.  And I think that 

 2   certainly Yonkers deserves no less.  

 3                We have micro, we have macro.  And 

 4   we've got only two weeks.  There have been 

 5   discussions certainly among the Majority 

 6   Coalition.  The next two weeks will hopefully 

 7   allow all of us to look at what we are presenting 

 8   to New Yorkers, how we're going to cut their 

 9   taxes, how we're going to grow their economy, how 

10   we're going to really support education from 

11   pre-K to grade 16, how are we going to help the 

12   Dreamers, how are we going to sustain our 

13   healthcare system, what are we going to do, 

14   really, about criminal justice, what are we going 

15   to do collectively to advance the fortunes of 

16   New Yorkers.  

17                This is not that place where we can 

18   say "well done."  This is the beginning.  This 

19   is, again, a listing of things all of us, some of 

20   us, none of us may like to see.  As my friend 

21   Senator DeFrancisco said, this actually is 

22   something that says "Let's talk."  I hope in the 

23   next two weeks we will.  At this point, however, 

24   because of the vagaries and the lack of language 

25   and explanation and the money trail and all the 


                                                               836

 1   things I've discussed, today I'll be voting no.

 2                ACTING PRESIDENT GRIFFO:   Thank 

 3   you, Senator Stewart-Cousins.

 4                Is there any other Senator wishing 

 5   to be heard on the resolution?  

 6                Senator Klein on the resolution.

 7                SENATOR KLEIN:   Thank you, 

 8   Mr. President.  I appreciate the opportunity to 

 9   speak on the resolution.  

10                It was three months ago that the 

11   Independent Democratic Conference put forth a 

12   bold plan to make New York affordable.  I believe 

13   still our New Yorkers deserve more.  Every 

14   resident of this state deserves to live not only 

15   in safety, but in comfort, and have financial 

16   security.

17                We also talked about the fact that 

18   the middle class around our state is constantly 

19   getting squeezed out.  You know, I grew up in the 

20   Bronx in a two-family home.  I'm very proud of 

21   the fact I grew up with my grandparents in the 

22   same home.  I watched my grandfather and my 

23   father work very, very hard.  But, you know, 

24   government had a very positive place in their 

25   life then.  Even though they worked so hard, they 


                                                               837

 1   were able to afford a home, a decent apartment, 

 2   put money aside for my education, even put some 

 3   money aside for retirement.  

 4                But unfortunately, the good old days 

 5   are just that.  They're fond memories.  I think 

 6   we have to change the dynamics.  When we talk 

 7   about helping New Yorkers, it really is in some 

 8   cases the forgotten middle class.  I think we've 

 9   got to make New York a place where people can not 

10   only afford to live but create real-time 

11   prosperity and security.  

12                This is something that I think is 

13   crucial.  We have to be committed to making 

14   New York more affordable for all of our families.  

15   And I think it starts with making it more 

16   affordable to raise a family in New York.  We all 

17   know friends and family members who can't afford 

18   to take one, let alone three months off from work 

19   without putting their household budget in serious 

20   jeopardy.  That's why this resolution today puts 

21   forth a statewide paid family leave program that 

22   would allow New Yorkers to receive up to half 

23   their weekly wage for up to six weeks in a year.  

24                That's why we should restore the 

25   Child Care Block Grant which is contained in this 


                                                               838

 1   resolution, the block grant subsidies, to 

 2   $1 billion, as well as expand the Facilitated 

 3   Enrollment Child Care Subsidy to $100 million.  

 4                That's why I think we make a bold 

 5   commitment and we heard Mayor de Blasio's call to 

 6   have a dedicated funding stream over five years 

 7   for universal pre-K.  We need to fully support 

 8   universal pre-K right now.  And I think that 

 9   everyone agrees, especially when it applies 

10   statewide, but certainly in my city, in New York, 

11   where 54,000 4-year-olds will now have full-time 

12   universal pre-K.

13                We know the benefits, that if a 

14   student gets universal pre-K, that their life is 

15   automatically improved.  Better education, better 

16   jobs.  Less likely to have problems with drugs or 

17   the law.  This is the type of commitment that we 

18   need to make in this year's final budget.

19                I know after that child grows up 

20   they still have some problems when it comes to 

21   things like college.  That's why we put forth a 

22   new plan to make college affordable to all by 

23   freezing or fixing a preset rate for college 

24   tuition and allowing individuals to pay in as 

25   much as they can to make sure, when their child 


                                                               839

 1   grows up, they not only have an affordable rate 

 2   for college but the money there to achieve the 

 3   dream of a college education.

 4                I think it's very, very important 

 5   that we also recognize that we need more 

 6   middle-class, more affordable housing across the 

 7   State of New York.  That's why I want to bring 

 8   back the Mitchell-Lama program.  The 

 9   Mitchell-Lama program was the greatest housing 

10   program ever created in the State of New York.  

11   It allowed all income levels to live under one 

12   roof and to make sure that we don't push out the 

13   middle class but welcome the middle class and 

14   working-class people to have decent, affordable 

15   housing.  The way we're going to do that is to 

16   bring back an innovative middle-income tax credit 

17   so those Mitchell-Lama developments won't be 

18   priced out, as was the previous housing stock, 

19   but remain moderate, middle-income housing for 

20   not only this generation but future generations.

21                I think all of this has to be 

22   applied to our senior citizens.  I think we have 

23   a commitment to make sure that it's supposed to 

24   be affordable for senior citizens to be able to 

25   retire in New York.  Unfortunately, that's not 


                                                               840

 1   happening.  So in this budget we expand the 

 2   Elderly Pharmaceutical Insurance Coverage, known 

 3   as EPIC, a wonderful program.  But the income 

 4   level is still too low for many senior citizens 

 5   to be able to buy into the program.  You know, 

 6   when you're a senior citizens and you're making 

 7   $40,000, $50,000 a year and you're using four or 

 8   five prescription drugs and paying high copays, 

 9   that money goes very, very quickly.  So I think 

10   it's important that we allow even middle-income 

11   seniors to take part in the EPIC program.  

12                The other thing we're doing for 

13   senior citizens, especially in localities like 

14   Nassau County, New York City, Westchester County 

15   that have a tremendous program called the Senior 

16   Citizen Rent Increase Exemption, known as SCRIE.  

17   What it does for senior citizens at a certain 

18   income level -- and we're going to increase that 

19   income level to $50,000 -- it freezes their rent.  

20   Every senior citizen should have the ability to 

21   have peace of mind that their rent isn't going to 

22   skyrocket, that their rent is not going to spiral 

23   out of control and cause them to lose the only 

24   home they know.  So I think, all in all, this is 

25   something that we can be proud of in making sure 


                                                               841

 1   New York is affordable.

 2                We also in this budget have a 

 3   commitment for campaign finance reform.  I think 

 4   we all know the headlines of bad behavior of 

 5   public officials that push voters' tolerance 

 6   level way past dismay on to disgust.  Money is an 

 7   issue that makes some uncomfortable to talk 

 8   about, but if we're going to get serious about 

 9   comprehensive and meaningful campaign finance 

10   reform, it is money we've got to address head-on.  

11                We have to take the excessive money 

12   out of the political process that includes not 

13   only dealing with bribery and corruption but the 

14   entire way the electoral and campaign finance 

15   system is presently run.  We have to make sure we 

16   establish clear money trails with greater public 

17   disclosure that would expose blatant conflicts of 

18   interest.  

19                I think, all in all, we have a duty 

20   to enact a public finance system for all 

21   candidates for statewide office, as well as State 

22   Senate and Assembly, which would level the 

23   playing field and give those with a passion for 

24   public service an honest shot at holding office.

25                I think we made a very, very 


                                                               842

 1   important commitment that by moving forward we 

 2   need to ensure that we are not giving out 

 3   corporate tax cuts at the expense of the middle 

 4   class.  Make no mistake, we have moved hard in 

 5   recent years to incentivize business to move here 

 6   and to continue to create jobs.  But I think it's 

 7   up to us now to reinvest in the working class.

 8                Again, I want to thank my colleagues 

 9   for staying around in this long hour.  But I 

10   think today we send a very clear message that we 

11   can ensure a strong economy tomorrow by 

12   strengthening New York's middle class today.  

13                Thank you, Mr. President.

14                ACTING PRESIDENT GRIFFO:   Thank 

15   you, Senator Klein.

16                Senator Skelos to close debate.

17                SENATOR SKELOS:   Thank you, 

18   Mr. President.  

19                When the Governor presented his 

20   budget, I indicated that it was a good blueprint 

21   to work off of.  I think the job of our 

22   conference, working with the Independent Democrat 

23   Conference, the good work of Finance staff and 

24   counsel staff and Senator DeFrancisco, we've come 

25   up with a resolution that indicates the direction 


                                                               843

 1   that this coalition wants to go in to continue to 

 2   make New York State more affordable.  

 3                And I'm not going to go through all 

 4   the aspects of the resolution because I think 

 5   Kelly's already put out my press release, so I 

 6   don't want to keep people here any later.

 7                (Laughter.)

 8                SENATOR SKELOS:   But it is a good 

 9   blueprint.  There will be changes to it, there 

10   will be modifications to it.  That's the give and 

11   take between the Assembly, the Senate and the 

12   Governor.  But I'm optimistic, if we all work 

13   together and continue to work together on a 

14   bipartisan basis, that we will once again have an 

15   on-time budget, hopefully an early budget, and a 

16   good budget.  Thank you very much.  

17                I should point out that we will 

18   start conference committees on Monday.  We will 

19   notify all the members what time, what conference 

20   committees they're on.  I believe the general 

21   conference committee is going to be meeting 

22   around 12:00, 12:30, and then we will have our 

23   other subcommittees working.

24                So next week is going to be a long 

25   week, but it's going to be a very productive week 


                                                               844

 1   with all of our cooperation.  

 2                Thank you.

 3                ACTING PRESIDENT GRIFFO:   Thank 

 4   you, Senator Skelos.  

 5                Debate is closed, and the Secretary 

 6   will ring the bell.

 7                The question is on the resolution.  

 8   Call the roll on the resolution.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT GRIFFO:   All in 

11   favor signify by saying aye.

12                (Response of "Aye.")

13                SENATOR GIANARIS:   Show of hands.

14                ACTING PRESIDENT GRIFFO:   A show of 

15   hands has been so requested and so ordered.  

16   Those in the negative, please raise your hand.

17                (Show of hands.)

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Young to explain her vote.

20                SENATOR YOUNG:  Thank you, 

21   Mr. President.  Just briefly to explain my vote.  

22                As chair of the Senate Standing 

23   Committee on Housing, Construction and Community 

24   Development, I want to clarify that under the 

25   housing and community renewal oversight entities, 


                                                               845

 1   there is a reference to the Tenant Protection 

 2   Unit which the Senate has denied funding to for 

 3   the past two years.  I just want to make it 

 4   perfectly clear that this budget resolution does 

 5   not contain any funding for the Tenant Protection 

 6   Unit or any of their type of enforcement 

 7   activities that would be related to that.  

 8                So thank you, Mr. President.  I vote 

 9   aye.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Young to be recorded in the affirmative.

12                Senator Tkaczyk to explain her vote.

13                SENATOR TKACZYK:   Thank you, 

14   Mr. President.  I rise to explain my vote.  

15                There are many positive elements in 

16   this budget resolution, but there's a lot of 

17   vague areas that have been discussed.  I was 

18   happy to see language that included addressing 

19   funding problems facing Early Intervention 

20   providers and language that puts in place a new 

21   Community Mental Health Reinvestment Act.  

22                However, these positive elements 

23   have been overshadowed by the complete lack of 

24   recognition of the dire financial situation 

25   facing our public schools.  I was looking for the 


                                                               846

 1   Senate Majority to seek additional education 

 2   funding that brought us closer to the Board of 

 3   Regents' recommendation of $1.3 billion in 

 4   additional funds that was requested by them.  The 

 5   Senate Majority only adds $217 million in new 

 6   school aid on top of the Governor's proposal, 

 7   which is much less than the Assembly budget 

 8   added.  This is nowhere near what is needed.  

 9                It is unconscionable we are 

10   proposing to not fund -- that we will not be 

11   restoring the majority of school districts to 

12   2008 funding levels.  Today more than 200 school 

13   districts are facing both educational and fiscal 

14   insolvency.  Public school districts across the 

15   state are balancing their budgets at the cost of 

16   educational programs, and the high-need 

17   urban/suburban school districts and average-need 

18   districts have lost the most.  

19                There is no good reason for the 

20   Senate Majority to continue this trend.  I vote 

21   in the negative.  

22                Thank you.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Tkaczyk to be recorded in the negative.

25                Senator Flanagan to explain his 


                                                               847

 1   vote.

 2                SENATOR FLANAGAN:   Yes, 

 3   Mr. President, thank you.  

 4                And I want to compliment my 

 5   colleagues for the collegiality and the 

 6   camaraderie displayed during this discussion.  

 7   But I also want to make sure that there's some 

 8   clarity on some facts.  

 9                The Senate Majority, not only today 

10   but in the past, certainly in the last three 

11   years, has been an outspoken advocate for schools 

12   in every community across the State of New York.  

13   This budget builds on what the Governor offered.  

14   We add five times more than the New York State 

15   Assembly does on the restoration of GEA.  And 

16   everyone in this room has heard from their school 

17   districts, that is their number-one priority.  

18                We take the Governor's $323 million, 

19   add $217 million on top of that.  We provide 

20   flexibility in the form of pre-K in the amount of 

21   another $145 million.  So we add well over 

22   $300 million for school districts, with 

23   flexibility on GEA, allowing them to make 

24   investments, allowing them to reduce their 

25   property taxes.  We put $20 million in for 


                                                               848

 1   Teacher Centers.  We take away the data freeze 

 2   that's about $50 million to our school districts 

 3   that they would lose otherwise.  We provide a 

 4   Building Aid recalibration that will save them 

 5   tens of millions of dollars.  We provide new 

 6   money for libraries.  We add money for nonpublic 

 7   schools.  There are a litany of things that are 

 8   in this budget.  

 9                And the way we've done it is to 

10   repurpose a lot of the money that the Governor 

11   advanced, come up with some new ideas, and 

12   provide flexibility to districts while driving 

13   more money to them.  This Senate Majority is not 

14   going to take a back seat to anybody in terms of 

15   proper funding of education in the State of 

16   New York.  

17                The Assembly is looking at 

18   Foundation Aid.  I respect that, although I don't 

19   agree with it in total.  We will have fruitful 

20   discussions.  But no one should walk out of here 

21   thinking that we have not driven the bus in the 

22   right direction in terms of financing of 

23   education in the State of New York.  

24                ACTING PRESIDENT GRIFFO:   Thank 

25   you.  Senator Flanagan to be recorded in the 


                                                               849

 1   affirmative.

 2                Senator Grisanti to explain his 

 3   vote.

 4                SENATOR GRISANTI:   Thank you, 

 5   Mr. President.  

 6                You know, to add on what Senator 

 7   Flanagan was talking about, that's absolutely 

 8   correct.  In our district, Western New York, 

 9   that's all we heard about, was GEA.  We went 

10   ahead and increased the funding to eliminate the 

11   GEA to help our schools.  The Assembly did 

12   nothing.  The Assembly did nothing.  So talk to 

13   your Assemblymembers about what it means about as 

14   far as helping out school districts.  

15                We advocate in this budget for the 

16   educational tax credits that's going to help all 

17   schools.  We also have money in there for 

18   apprentice programs that's going to help people 

19   that don't go to schools to get jobs in other 

20   fields.  

21                On top of that, we rejected the 

22   state funding for the inmate prison programs.  

23   Okay?  Instead, we increase TAP for law-abiding 

24   citizens.  That's what we need to do.  We need to 

25   give the money back to the taxpayers, those that 


                                                               850

 1   are fighting for college.  The middle-class 

 2   New Yorkers across the state that can't afford 

 3   college, we increased TAP.  We did not go ahead 

 4   and give it to prisoners.  What we should do is 

 5   actually spend money on the programs to stop them 

 6   from going to prison in the first place, rather 

 7   than having a college degree while you're in 

 8   prison and you're not going to get out for 

 9   20 years.  

10                We help our SUNY infrastructure 

11   system.  We help our community colleges.  We 

12   protect our 853, 4201 schools.  We go ahead and 

13   increase EPIC for our seniors.  We restore 

14   funding to host communities for the video lottery 

15   terminals that was cut by the Senate Democrats 

16   back in 2009 and 2010 except for Yonkers.  We 

17   have additional aid in transportation.  We put in 

18   a Public Assistance Integrity Act better than 

19   what the Governor had that, once again, gives the 

20   taxpayer money back to the taxpayer so the 

21   taxpayers are not spending their money on having 

22   the EBT cards used for alcohol, tobacco, going to 

23   the casino and going to strip clubs.  If that's 

24   what you want to spend your money on -- but not 

25   taxpayer money.


                                                               851

 1                We went ahead and increased historic 

 2   preservation tax credits.  We give tax credits if 

 3   you hire somebody that's developmentally 

 4   disabled, something that's been missing for a 

 5   long period of time.  There's LOSAP language to 

 6   help our volunteer firemen.  There's an asbestos 

 7   remediation tax credit.  

 8                That's all I heard for the past two 

 9   hours sitting here, was all the negatives in the 

10   budget.  That's the positives.  There's many more 

11   to go.  There's many, many others.  We protect 

12   taxpayer dollars.  What we do, we give the money 

13   back to the taxpayers, let them spend the money 

14   how they see fit while protecting our schools and 

15   having a better business climate for New York.  

16                I vote aye.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Grisanti to be recorded in the affirmative.

19                Is there any other Senator wishing 

20   to be explain their vote?

21                Senator Parker.

22                SENATOR PARKER:   Thank you, 

23   Mr. President.  To explain my vote on the 

24   resolution.

25                There's one other thing that's going 


                                                               852

 1   on.  We've had over the last week significant 

 2   debate over Common Core and the Regents and all 

 3   of that.  There's something else going on too 

 4   that we should pay attention to, and that's the 

 5   elimination of the GED.  And there's the 

 6   introduction of the TASC, the Test Assessing 

 7   Secondary Completion.  

 8                And similar to what's happening in 

 9   Common Core, frankly, the state is not ready.  

10   The state is not ready for this.  And there's 

11   really going to be a number of people, hundreds 

12   of people who fall through the cracks 

13   educationally if we don't do something about 

14   this.  

15                I'm proposing that we do in the 

16   budget this year a moratorium on implementing of 

17   the TASC as well as providing significant 

18   training for the proctors and teachers who are 

19   going to be teaching it and providing guidance 

20   and counseling on this important test.  We have 

21   to provide every opportunity for every New Yorker 

22   to get a proper education.  And certainly we need 

23   to -- in the same way that there's some concerns 

24   about the Common Core, there's certainly a lot of 

25   concerns about the implementation of the Test 


                                                               853

 1   Assessing Secondary Completion exam.  

 2                Thank you.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Hassell-Thompson to explain her vote.

 5                SENATOR HASSELL-THOMPSON:   Thank 

 6   you, Mr. President.  Just briefly.  

 7                I would hope that in all of these 

 8   negotiations that you pay very close attention to 

 9   the issues that I've raised regarding the OCA 

10   budget.  But certainly all of us are looking 

11   forward to having more Family Court judges.  And 

12   I hope that we won't throw out some very needed 

13   practices that we have tried to institutionalize 

14   in an attempt to shortcut the needs of our 

15   courts.  

16                We are not properly representing or 

17   having good representation in our courts, and we 

18   need to ensure that the OCA budget continues to 

19   reflect that need.  We did case caps, now we need 

20   to do that in terms of the numbers of cases that 

21   judges have before them and increasing the number 

22   of hours for which the courts are open.  

23                So those are things that I think 

24   that are very important that have not been spoken 

25   about tonight in this budget except by me.  


                                                               854

 1                Thank you, Mr. President.

 2                ACTING PRESIDENT GRIFFO:   Thank 

 3   you, Senator Hassell-Thompson.

 4                Senator DeFrancisco to close on 

 5   explanation of votes.

 6                SENATOR DeFRANCISCO:   I just want 

 7   to thank the kind comments of Senator 

 8   Stewart-Cousins about my being forthright.  I try 

 9   to be.  

10                I just wanted to clarify just a 

11   couple of things.  As far as saying that the 

12   budget bills will be no clearer than the 

13   resolution that we passed today, I was referring 

14   to the one section concerning the financing and 

15   enforcement of election laws and that sort of 

16   thing.  I think you're going to find a lot of 

17   clarity in the rest of the budget bills as we go 

18   through this process.

19                Secondly, I think the process is 

20   extremely important.  This resolution may not 

21   answer everybody's questions, but I've been here 

22   too many years where we never got a budget on 

23   time -- I remember one on my anniversary, 

24   July 13th -- and it was just an impossible 

25   situation.


                                                               855

 1                So maybe there are some sections 

 2   with a little less clarity, but we're moving the 

 3   process forward and there will be more clarity as 

 4   we go through it to a final budget and a timely 

 5   budget, which I think all of us want.  

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT GRIFFO:   Thank 

 8   you, Senator DeFrancisco.  

 9                Announce the results.

10                THE SECRETARY:   Those recorded in 

11   the negative on Resolution 4036 are Senators 

12   Breslin, Dilan, Espaillat, Gianaris, Gipson, 

13   Hassell-Thompson, Hoylman, Kennedy, Krueger, 

14   Latimer, O'Brien, Parker, Peralta, Rivera, 

15   Serrano, Squadron, Stavisky, Stewart-Cousins and 

16   Tkaczyk.  

17                Ayes, 36.  Nays, 19.  

18                ACTING PRESIDENT GRIFFO:   The 

19   resolution is adopted.

20                Senator Libous.

21                SENATOR LIBOUS:   Is there any 

22   further business before the house?

23                ACTING PRESIDENT GRIFFO:   There is 

24   no further business before the house.

25                SENATOR LIBOUS:   Mr. President, 


                                                               856

 1   there being no further business before the house, 

 2   I move that the Senate will adjourn until Monday, 

 3   March 17th, with the luck of the Irish, at 

 4   3:00 p.m., and intervening days being legislative 

 5   days.

 6                ACTING PRESIDENT GRIFFO:   On 

 7   motion, the Senate stands adjourned until Monday, 

 8   March 17th, St. Patrick's Day, at 3:00 p.m., 

 9   intervening days being legislative days.  

10                The Senate stands adjourned.

11                (Whereupon, at 2:19 a.m., the Senate 

12   adjourned.)

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